The Massachusetts charter school cap issue is going to court
Three Boston lawyers filed a class-action lawsuit Tuesday seeking to lift the Massachusetts state cap on charter schools, according The Boston Globe, calling limit an “arbitrary impediment’’ to students’ rights to a quality education.
The suit, filed in Suffolk Superior Court, names Gov. Charlie Baker and some top education officials for enforcing the rule, despite their personal opposition to the cap.
However, as the Globe notes, the administration will be represented in court by Attorney General Maura Healey. Healey has been endorsed by the Massachusetts Teachers Association, which opposes the expansion of charter schools.
Baker press secretary Lizzy Guyton told Boston.com the administration does not comment on pending litigation, but said “the Governor has consistently supported raising the charter school cap and continues to strongly believe that all students should have access to high quality schools, especially in underperforming districts.’’
The lawsuit was filed by Paul F. Ware Jr., Michael B. Keating, and William F. Lee on behalf of five anonymous plaintiffs, ages 6 to 13. The attorneys first announced their plan to fight the cap on constitutional grounds in March.
“We don’t think they should be denied that opportunity, and we don’t think the Constitution allows them to be denied that opportunity,’’ Lee told the Globe in March. “We’d like to see the cap removed so that supply meets demand.’’
Skeptics told the Globe the lawsuit was a “political move.’’ Peter D. Enrich, a professor at Northeastern University School of Law, said it was “extremely improbable’’ the cap would be struck down in court.
Read the full Boston Globe story here.
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