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HANCOCK v. COMMISSIONER OF EDUCATION

443 Mass. 428 (2005)

JULIE HANCOCK & others v. COMMISSIONER OF EDUCATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 15, 2005.

Attorney(s) appearing for the Case

Deirdre Roney, Assistant Attorney General (Juliana deHaan Rice & Jane L. Willoughby, Assistant Attorneys General, with her) for the defendants.

Michael D. Weisman (Rebecca P. McIntyre, Emiliano Mazlen, Peter E. Montgomery, & Alan Jay Rom with him) for the plaintiffs.

The following submitted briefs for amici curiae:

Harvey J. Wolkoff for State Senator Jarrett T. Barrios & others.

Mark R. Freitas for Massachusetts Alliance for Arts Education & others.

Richard W. Benka for Massachusetts Health Council, Inc., & others.

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

Daniel J. Gleason for Jonathan Kozol.

Roger L. Rice & Jane E. Lopez for Centro Latino de Chelsea & others.

M. Julie Patiño, Nadine Cohen, & Laura Maslow-Armand for Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association & others.

Andrea C. Kramer, A. Lauren Carpenter, & Robert E. Sullivan for Massachusetts 2020 Foundation & others.

Ann Clarke, Stephen J. Finnegan, Jeffrey N. Jacobsen, & Michael J. Long for Massachusetts Teachers Association/NEA & others.

Thomas J. Dougherty & Kurt Wm. Hemr for Massachusetts Urban School Superintendents.

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

M. Robert Dushman, Albert W. Wallis, & Samantha L. Gerlovin for MassPartners for Public Schools & another.

Daniel J. Losen for The Civil Rights Project at Harvard University.

Michael D. Vhay for Federation for Children with Special Needs, Inc.

Neil V. McKittrick & Patrick M. Curran, Jr., for Strategies for Children, Inc., & another.

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

BY THE COURT.

This matter is before the court on reservation and report by a single justice. A full description of the procedural background of the matter is set forth in the concurring opinion of the Chief Justice.

A majority of the Justices decline to adopt the conclusion of the specially assigned judge of the Superior Court that the Commonwealth presently is not meeting its obligations under Part II, c. 5, § 2, of the Massachusetts Constitution, and...

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