Court refuses to reopen suit against Lynn, Mass. desegregation plan
One day after a U.S. District Court judge denied a request by attorneys to reopen a lawsuit brought by parents against the City of Lynn for its voluntary school desegregation plan, Massachusetts Attorney General Martha Coakley and Superintendent Nicholas Kostan praised the judge's ruling. “We have critical work to do to ensure that every child has access to an excellent education, and that our children learn, and learn well, together,” said Coakley. “I am pleased to see that Lynn is able to now continue the important responsibility of educating children without the burden and distraction of this litigation.” Judge Nancy Gertner Wednesday denied the latest in what has been a series of appeals by a group of Lynn parents looking to sue the school because of its voluntary desegregation plan. The plan calls for the city to review race numbers before allowing a student to transfer away from their neighborhood schools, in an effort to keep each school as diverse as possible. The parents' effort began in 1999 and has been heard in some form at every level of court, culminating with two Supreme Court rulings in the city's favor in the summer of 2006. Kostan said he is pleased to hear that the court system has continued to rule in the city's favor, and hopes that this latest decision will finally bring an end to the nearly 10-year legal battle.
Kostan said by participating in the state's voluntary program, the district has avoided more stringent measures that would be required of them if the state had to intervene. Since beginning desegregation in 1989, the program has also allowed the department to renovate and build additions to several schools at a 90 percent reimbursement rate, which would not be available if the city did not institute the plan. “It allowed for major additions on our elementary schools in the late 1980s and in the mid 1990s for additions to our high schools, with the Lynn Tech Annex and the additions to Lynn English High School,” he said. Kostan estimated the city saved $30 million in reimbursement money because of this plan.
Source: Lynn Daily Item, 4/11/08, By Dan Baer
[Editor’s Note: For the court’s order and background in the case, see below.]
Comfort v. Lynn Sch. Comm., No. 99-11811 (D. Mass. Mar. 31, 2008)
NSBA School Law pages on legal challenge to Lynn’s race based student assignment plan