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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 15 - Department of Elementary and Secondary Education
Section 1 - Department; Supervision of Commissioner
Section 11/2 - Applicability of Sec. 2 of Chapter 70 to This Chapter
Section 1f - Commissioner of Elementary and Secondary Education; Appointment; Duties; Salary
Section 1g - Advisory Councils to Board; Membership; Duties
Section 1j - Judicial Review of Board's Recommendations or Revised Plans; Jurisdiction
Section 1r - School Library and Nonprint Media Services; Funding
Section 15b - Library Center for Visually-Handicapped Children
Section 16 - Teachers' Retirement Board; Establishment; Duties; Membership
Section 17 - Member's Reimbursement for Expenses
Section 18 - Executive Director; Salary; Additional Employees
Section 18a - Purchase of Annuities or Other Investments
Section 55a - Office of School and District Accountability
Section 57 - Instructional Materials Grant Program
Section 58 - Leadership Academy; Training for School Principals and Supervisory Personnel
Section 60 - Reimbursement of Costs to Cities and Towns
Section 63 - Carnegie School Grant Program; Establishment
Section 64 - Carnegie School Grant Program; Definitions
Section 65 - Carnegie School Grant Awards; Application; Approval; Deposit of Funds