ROE v. HEALEY

No. 22-1740.

78 F.4th 11 (2023)

Nancy ROE, as parent and natural guardian of A.R., and individually; Amy Maranville, as parent and natural guardian of P.M., and individually; Maria Popova, as parent and natural guardian of S.P., and individually, Plaintiffs, Appellants, v. Maura Tracy HEALEY, in her official capacity as Governor; Massachusetts Department of Elementary and Secondary Education; Brookline Public Schools; Somerville Public Schools; Wellesley Public Schools; Jeffrey C. Riley, in his official capacity as Commissioner of Education; DR. Linus J. Guillory, Jr., in his official capacity as Superintendent of Brookline Public Schools; Mary E. Skipper, in her official capacity as Superintendent of Somerville Public Schools; Dr. David Lussier, in his official capacity as Superintendent of Wellesley Public Schools, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 14, 2023.


Attorney(s) appearing for the Case

Rory J. Bellantoni , with whom Brain Injury Rights Group, Ltd. was on brief, for appellants.

Cassandra Bolaños , Assistant Attorney General, with whom Andrea Joy Campbell , Attorney General of Massachusetts, was on brief, for appellees Maura Tracy Healey, Massachusetts Department of Elementary and Secondary Education, and Jeffrey C. Riley.

Joshua R. Coleman , with whom Murphy, Lamere & Murphy, P.C., was on brief, for appellees Somerville Public Schools and Mary E. Skipper.

John M. Simon and Stoneman, Chandler & Miller, LLP on brief for appellees Brookline Public Schools and Dr. Linus J. Guillory, Jr.

Adam Simms and Pierce Davis & Perritano LLP on brief for appellees Wellesley Public Schools and Dr. David Lussier.

Francisco M. Negrón, Jr. , John Foskett , and Valerio, Dominello & Hillman LLC, on brief for amici curiae National School Boards Association, Maine School Boards Association, Massachusetts Association of School Committees, and Rhode Island Association of School Committees.

Before Kayatta, Selya, and Howard, Circuit Judges.


Three children with disabilities and their parents sued the Governor of Massachusetts, the Commissioner of Schools for Massachusetts, the Massachusetts Department of Elementary and Secondary Education (DESE), and several school districts and their superintendents on behalf of a putative class, over the closure of in-person...

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