Amherst Pelham Regional School Committee last week
At a joint meeting this afternoon between the Amherst, Pelham, Amherst Regional & Union 26 School Committees the NAACP threatened legal action for breach of a 1993 agreement concerning disproportionate discipline actions against minorities will once again be a (hot) topic of discussion.
But in a letter dated August 7 the School District's Attorney Giny Tate pretty much destroys the legal standing of the current threat due to a statue of limitations being l-o-n-g expired.
According to Ms. Tate the original "agreement could only be enforced through a breach of contract action." Therefor the consent decree was really not a "consent decree" but was nothing more than a simple "contract" between the NAACP and the Regional School Committee.
According to Ms. Tate a "breach of contract in the state of Massachusetts must be brought within 6 years of the breach" (expired 1999).
Attorney Tate continues to pile on: "Failure to file a breach of contract within the statute of limitations terminates the NAACP's rights to persue any actions now. The case is dismissed, and the School Committee has no further contract obligations under the agreement."
To sum it up succinctly Attorney Tate concludes, "The NAACP had no current right to enforce any terms of the agreement."
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In 2013-2014 White students (60.6% of population) received 29.9% suspensions -- or half their average make up, while Black students (7.4% of population) received 28.6% suspensions -- more than three times their average make up.