STUDENT NO. 9 v. BOARD OF EDUCATION


440 Mass. 752 (2004)

STUDENT No. 9 & others vs. BOARD OF EDUCATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 27, 2004.


Attorney(s) appearing for the Case

Thomas C. Frongillo (David S. Godkin with him) for the plaintiffs.

Pierce O. Cray, Assistant Attorney General (John R. Hitt, Assistant Attorney General, Rhoda Schneider, & Lucy Wall with him) for the defendants.

David M. Mandel, for Massachusetts Association of Vocational Administrators, amicus curiae, was present but did not argue.

The following submitted briefs for amici curiae:

Joel Z. Eigerman & Sumner Z. Kaplan for Jewish Alliance for Law & Social Action & others.

Sarah R. Wunsch for American Civil Liberties Union of Massachusetts.

Thomas J. Dougherty, Kurt Wm. Hemr, Alisha Quintana, & Stephen J. Finnegan for Massachusetts Association of School Committees.

John H. Walsh for Michael Colin Walsh & others.

Henry C. Dinger & Benjamin M. Wattenmaker for Massachusetts Business Alliance for Education & others.

Mark Alan Perkins for Massachusetts Coalition for Authentic Reform in Education & others.

David Lee Turner, Town Counsel, for town of Brookline.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


GREANEY, J.

The plaintiffs, public school students in the high school class of 2003, challenge the facial validity of 603 Code Mass. Regs. § 30.03 (2000), a regulation adopted by the Board of Education (board), which required them to pass the tenth grade English language arts and mathematics sections of the Massachusetts Comprehensive Assessment System examination (MCAS exam) in order to graduate from high school.4 The plaintiffs...

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