§ 1J — Judicial review of board's recommendations or revised plans; jurisdiction

Massachusetts § 1J

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title II: EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
• Ch. 15: DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

Text

Section 1J. Within thirty days after (1) a school committee or regional district school committee declines to accept the recommendations made to it by the board of education, in this section called the board, (2) the board disapproves a revised plan filed with it by a school committee or regional district school committee, or (3) the board orders that its recommendations shall be the mandatory plan to be implemented by a school committee or regional district school committee, such school committee or regional district school committee may file a petition for judicial review in the superior court for the county in which it is located or in the supreme judicial court for Suffolk county. The court may affirm such recommendations, disapproval, or order of the board and require compliance with such mandatory plan by appropriate order; or, if it finds and rules that such recommendations, disapproval, or order is (a) in excess of the statutory authority or jurisdiction of the board, (b) based upon an error of law, or (c) arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law, then it may set aside such recommendations, disapproval, or order and remand the matter to the board for further action.The supreme judicial and the superior court shall have jurisdiction in equity upon petition of the board of education to order funds withheld as provided in section one I for such period of time as the court may determine.