Massachusetts Court: School Choice Is Not a “Civil Right”


On October 06, 2016, Massachusetts education blogger, Jennifer Berkshire, posted that the Massachusetts Superior Court had tossed a lawsuit arguing that raising the charter school cap was an issue of student civil rights.

The argument that school choice is a “civil right” is not exclusive to Massachusetts. However, the ruling that student civil rights are not violated if the student applies for charter school admission and is not accepted due to applications outnumbering available seats– even if the school that the student currently attends has a low rating on the state rating system for public schools– is worth noting even for those residing in other states.

On October 04, 2016, Massachusetts Superior Court Associate Justice Heidi Brieger signed this motion to dismiss the lawsuit arguing that charter school attendance is a civil right.

A number of points in Brieger’s decision are worth noting.

First of all, Brieger dismisses the idea…

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