Massachusetts General Laws
Chapter 15 - Department of Elementary and Secondary Education
Section 1j - Judicial Review of Board's Recommendations or Revised Plans; Jurisdiction

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

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 1e - Board of Elementary and Secondary Education; Composition; Disqualification; Tenure; Vacancies; Chairman; Expenses; Meetings; Student Advisory and Regional Councils

Section 1f - Commissioner of Elementary and Secondary Education; Appointment; Duties; Salary

Section 1g - Advisory Councils to Board; Membership; Duties

Section 1i - Elimination of Racial Imbalance; Assistance in Formulation of Plans; Effect of Non-Compliance; Denial of State Aid; Transportation Costs; Equal Education Improvement Fund; Guidelines

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 52 - Essential Skills Discretionary Grant Program; Basic Skills Remediation Programs; Dropout Prevention Programs

Section 55 - Reach Awards

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

Section 66 - International Education Programs; School Recognition; Grants; Partnership Programs; Exchanges of Professional Personnel and Students