Federal Judge in Massachusetts Declines to Hear MCAS Case But Retains Jurisdiction on Some Issues

On December 2, 2002 US District Court Judge Michael A. Ponsor declined to hear a lawsuit, Student v. Driscoll, alleging discrimination on the Massachusetts Comprehensive Assessment System (MCAS). Eight students who have failed the MCAS, which serves as the state's high-school graduation exam, filed a class-action suit in September against state education officials alleging discrimination against minority, limited-English-proficient, vocational, and special education students. The court said that the issues of the case should be heard in state court, but Judge Ponsor expressed sympathy for the defendants and told them to return to him if they make no progress in state court. The court retained jurisdiction over the five counts of the case alleging violations of federal law.

The lead attorney for the plaintiff students said that he and the rest of the legal team would probably file suit in state court before the holidays. The State announced that it would defend itself in state court, but neither side claimed a solid victory or defeat.

Plaintiffs claim that using the MCAS as an exit exam is illegal under MERA, the Massachusetts Education Reform Act of 1993. Tom Frongillo, the lead plaintiffs' attorney, argued that the aim of MERA was to ensure that students were taught basic material, not to punish them for not having learned it. Frongillo said that the named plaintiff, Driscoll, tried to amend the MCAS to allow for an exit exam but was unsuccessful. The court acknowledged the possibility that the state may not have taught the English and Math required of Massachusetts high school graduates. The class of 2003 is to be the first required to pass the English and Math sections of the MCAS in order to graduate.

Prepared December 3, 2002