NSBA Legal Clips
Archived entries for Massachusetts

Massachusetts’ highest court to hear arguments on whether Pledge of Allegiance violates state constitution

Lowellsun.com reports that in February 2013, the Massachusetts Supreme Judicial Court has solicited the submission of amicus (friend of the court) briefs from those who have a strong interest in, or views on, the subject of the constitutionality of the Pledge of Allegiance in schools, but are not a party in the lawsuit.

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Massachusetts students sue to reverse school suspensions based on breathalyzer results

According to the Boston Globe, two Weymouth High School students are suing the Massachusetts local school system in state court over their breathalyzer-related suspensions after a homecoming dance.

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Massachusetts enacts law requiring public and private school teachers to be fingerprinted

According to an Associated Press report in The Boston Globe, Governor Deval Patrick has signed a bill into law that will require public and private school teachers, workers at child care centers, and school bus drivers, among others, to submit fingerprints for criminal background checks.

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Massachusetts governor signs teacher evaluation bill into law

According to the State House News Service in The MetroWest Daily News, Governor Deval Patrick has signed into law legislation that gives teacher performance and evaluations greater weight in public school personnel decisions.

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Massachusetts court rules state law requiring daily recitation of Pledge of Allegiance does not violate students’ rights

A Massachusetts Superior Court has ruled that the state law requiring the daily recitation of the Pledge of Allegiance in public schools does not violate the state constitution’s equal protection clause and statutory guarantee of equal protection, or the school district’s anti-discrimination policy because of the inclusion of the phrase “under God” in the Pledge.

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Massachusetts teachers union supports compromise deal on ballot question

The Associated Press reports on Boston.com that Massachusetts’ largest teachers union and a group behind a proposed ballot question that would change the way teachers are evaluated have agreed on a compromise bill they believe would avoid a costly fight at the ballot box.

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Federal district court holds student stated valid claim for violation of substantive due process based on sexual relationship with guidance counselor, despite age

A federal district court in Massachusetts has ruled that a female student has stated a valid claim for violation of Fourteenth Amendment substantive due process rights, as well as violation of Title IX, based on the student’s sexual relationship with a school guidance counselor, even though the student was over the age of consent at the time of the relationship.

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Massachusetts court upholds students’ suspensions for participating in hazing on school basketball team

A superior court judge has declined to strip suspensions from the school records of two freshmen disciplined in a hazing scandal involving Andover High School basketball players, says the Eagle-Tribune.

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Boston public schools target of class action suit alleging special needs preschoolers denied evaluations and placements

The Boston public school system is facing a class-action lawsuit in federal court asserting that the district routinely violates state and federal law by delaying evaluations and classroom placements for preschoolers with special needs, reports the Boston Globe.

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Federal appellate court rules parents stated valid IDEA tuition reimbursement claim against Massachusetts school district despite move

A three-judge panel of the U.S. Court of Appeals for the First Circuit (ME, MA, NS, PR, RI) has ruled that the parents’ claim under the Individuals with Disabilities Education Act (IDEA) seeking reimbursement for the previous year’s private school tuition was not rendered moot because the parents moved out of the school district after filing suit. The panel also ruled that their claim for attorney’s fees and costs as a prevailing party under IDEA was also not rendered moot because there had not yet been a decision on the merits of the tuition reimbursement claim.

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