Legal Question in Civil Rights Law in Massachusetts

Dismissal of children from a vocational school

Our 2 boys (13 and 11) have been part of a community Sunday vocational school for 5 years. My wife was a teacher there. She had voiced some opinion over email to other staff (somewhat forcefully) about how the school should improve and this has upset some individuals, especially the acting principal. About 6 months back, the school dismissed her, but in the same email notfication. also expelled our boys from attending school. The boys have an excellent record and are well loved. Since then, we have tried to make them understand that action against a parent cannot mean a dismissal of the children from school. The principal is adamant and will not even talk to us, even though several school parents have requested her to take the kids back. This has upset the whole family tremendously. We want the boys to go back and are considering legal notification to the school. My wife has stated she is willing to dissociate from the school as long as the boys can continue their education. My question is (a) whether its lawful for a school to expel children in good standing based on issues with one parent, (b) what possible action can we take to compel the school to repeal its dismissal action against the boys. Thanks


Asked on 10/08/08, 11:28 am

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Dismissal of children from a vocational school

This sounds highly unusual. Generally (and without knowing more), this appears to be wrongful retaliation against your children for a personal grievance toward their mother. Children in Massachusetts enjoy a fundamental constitutional right to an education (under the MA Declaration of Rights). When, how and why students can be permissibly expelled can be governed by statutory requirements, and certainly firm internal school procedures. Some degree of "due proces" is necessary prior to the expulsion order (usually a hearing and opportunity to be heard in opposition to the expulsion). That does not appear to have occurred here.

Feel free to contact me directly if you would like to discuss this matter further.

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Answered on 10/08/08, 12:21 pm


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