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STATEMENT: MA Appleseed Condemns U.S. Supreme Court Ruling in Historic Homelessness Case

Boston, MA — Today, the U.S. Supreme Court made its decision in the historic Johnson v. Grants Pass case, allowing cities to punish people with no choice but to sleep outside for using things like pillows, blankets, or cardboard boxes to protect themselves from the elements and dealing a devastating blow to the civil rights of our unhoused neighbors. 

Deborah Silva, Executive Director of Massachusetts Appleseed Center for Law and Justice, issued the following statement:

“The Court’s decision is an affront to the unhoused residents of Grants Pass who bravely stood up for their rights, the hundreds of thousands of individuals forced by circumstance and systemic inequities to sleep outside each night, and the frontline workers and advocates striving to support them. The youth and young adults experiencing homelessness in our communities are exceptionally vulnerable to this ruling’s consequences, already facing unique barriers to obtaining shelter and a scarcity of age-appropriate services. Data collected via the Massachusetts Youth Count shows that this is even more acute for teenagers who leave home before age 18. The last thing these young people need is a criminal record for simply existing in public. 

The goal of criminalization has always been clear: To banish our unhoused neighbors from sight. To make them disappear. To render them invisible. As an organization working to support youth experiencing homelessness, a population that is chronically under-identified due to stigma and shame, we know that pushing people further to the margins only deepens the problem.

This ruling will not solve the surge in homelessness among adults or youth we are seeing in Massachusetts and around the country. It will not prevent unjust evictions. It will not generate housing that people can afford. What it will do is make this crisis worse by funneling people already out of options into the courts, trapping them in cycles of incarceration, exorbitant fines, and trauma.

We stand with our fellow advocates in condemning today’s ruling. The fight to ensure everyone has a safe and stable place to call home continues.”

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MA Appleseed is driven by a mission to promote equal rights and opportunities for Massachusetts residents by developing and advocating for systemic solutions to social justice issues. Through policy analysis and research, coalition building, education and training, community organizing, and advocacy, the nonprofit seeks systems-level change so all Massachusetts families and youth can exercise their legal rights, build pathways out of poverty and crisis, and thrive. Responding to emerging and enduring inequities, MA Appleseed addresses an array of complex issues including self-representation in the civil justice system, language access for immigrant families, the school-to-prison pipeline, and youth homelessness. To explore recent research, find resources, sign up for opportunities to take action, or donate, please visit massappleseed.org.

 

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Celebrating Women’s History Month: Spotlight on Carolin Hetzner

From members of the staff to dozens of volunteers, MA Appleseed is proud to be led by so many remarkable women. This Women’s History Month, we’re thrilled to shine the spotlight on one of our exemplary board members, Carolin Hetzner, Senior Manager of the Court Service Centers, Massachusetts Trial Court!

Sharing her insights, advice, and invaluable perspective, Carolin’s dedication to justice and community empowerment inspires us each and every day.  

What does justice mean to you?

Justice can mean so many things, but for me it is equal access to the courts and resources. Ensuring that no one is excluded because of barriers such as lack of language access, immigration status, race or gender bias, literacy, or disability. Access to this justice looks different for everyone. While it does often involve accessing the courts, access to justice can also take the form of advocacy for legislation or providing an individual guidance on processes that eliminate the need for court involvement.  

Why is Board service meaningful to you?

Board service allows me an inside look at the important work that Appleseed staff does daily. It provides me with a different perspective on how communities can be better served through legislation, and allows me to learn from other board members’ experiences and perspectives. 

If you had to give one piece of advice to young women just starting out in the workforce, what would you say?

I would have two pieces of advice. First, having a boss who sees your value, listens to your voice, and leads by example is invaluable and can inspire you to bring your best self to work every day.  Second, no one knows everything even after years of practice. Give yourself grace when you don’t know something and ask lots of questions.  

Are there any female barrier breakers or role models, either from history or your personal life, that you look up to?

There are so many women, both professionally and from my personal life, that inspire and encourage me to be the best version of myself. I find tremendous inspiration from my coworkers, colleagues, and closest friends. Women who not only juggle demanding work, personal, and family schedules, but often make time for community service as well. My first role model, like many people, is my mother. As a single mother, she overcame obstacles such as limited English proficiency and financial insecurity, to provide me and my siblings a better life. She has always led by example, teaching us the value of kindness, respect, and giving back to the community. Values that I now try to pass on to my own child. 

 

This Women’s History Month, let’s celebrate leaders like Carolin Hetzner, whose tireless efforts enrich our communities and pave the way for a more equitable future. Carolin, we extend our deepest gratitude for your unwavering commitment to justice and your vital contributions to MA Appleseed!

 

 

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MA Appleseed Issues Statement on Language Access Executive Order

Boston, MA – In response to Governor Healey’s Executive Order No. 615 promoting increased language access, Deborah Silva, Executive Director of Massachusetts Appleseed Center for Law and Justice, issued the following statement:

“Language barriers at state agencies prevent hundreds of thousands of people across the Commonwealth from accessing the resources and information they need to care for themselves and their families. We applaud the Healey-Driscoll Administration for taking action to affirm the language access rights of all residents and expand equitable access to the many critical services provided by state agencies.   

This Executive Order complements and aligns with goals long expressed by language access advocates, and we are grateful for the administration’s clear commitment to addressing this issue. As we continue working with our partners in the Mass Speaks Coalition to pass the Language Access and Inclusion Act, we look forward to building on the strong foundation laid by Governor Healey today and establishing robust accountability measures that make sure our government is accessible to everyone, no matter what language they speak.”

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MA Appleseed is driven by a mission to promote equal rights and opportunities for Massachusetts residents by developing and advocating for systemic solutions to social justice issues. Through policy analysis and research, coalition building, education and training, community organizing, and advocacy, the nonprofit seeks systems-level change so all Massachusetts families and youth can exercise their legal rights, build pathways out of poverty and crisis, and thrive. Responding to emerging and enduring inequities, MA Appleseed addresses an array of complex issues including self-representation in the civil justice system, language access for immigrant families, the school-to-prison pipeline, and youth homelessness. To explore recent research, find resources, sign up for opportunities to take action, or donate, please visit massappleseed.org.

 

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Missing the Mark on School Safety: How City Officials’ Call for Law Enforcement in BPS Actually Harms Students

By Asia Foland

Contaminated rooms, unbearable class temperatures, and… metal detectors? Boston Public Schools are still working to meet students’ needs. Police are not going to help.

In June of 2022, Boston Mayor Michelle Wu, former BPS superintendent Brenda Cassellius, chair of the Boston School Committee Jeri Robinson, and Department of Elementary and Secondary Education (DESE) Commissioner Jeff Riley signed the “Systemic Improvement Plan” (SIP) targeting the district’s most urgent problems: among them late buses, failures to equitably serve students with disabilities, and deteriorating facilities.

Last month during a state education board meeting, DESE commissioner Riley called Boston’s progress on implementing this plan “incomplete” (2). He noted empty staff positions across the district, including leaders for the multilingual education office, a “coordinator of problem resolution” to address school safety and parent concerns, and senior staffers for special education (2,3).

More than half of Boston’s schools were built before World War II and since 2007, only four projects for new renovations and schools – out of three dozen – have been approved (1). And BPS has not yet renovated school bathroom facilities throughout the city, despite pledging to do so under the SIP (2). The consequences of this disrepair are well-known: oppressively hot classroom temperatures, crumbling walls and ceilings, and exposure to environmental contaminants.

And yet, amid BPS’s mounting public and legal obligations, how have certain Boston leaders responded?

With calls for police.

Though BPS removed police from schools in 2021, four Boston city councilors published a public letter this past January urging Mayor Wu to reinstate police and metal detectors in schools (4). In their letter, the city counselors — Erin Murphy, Michael Flaherty, Ed Flynn, and Frank Baker — declared the need for these security measures despite acknowledging the public’s “differing opinions” surrounding their use.

But this isn’t a matter of “differing opinions.” 

Visible and physical security measures in schools have been overwhelmingly discredited. According to a report by Citizens for Juvenile Justice, an analysis of 15 years of metal detectors in schools came up with “insufficient evidence that their use decreased crime or violence in schools,” instead finding “their presence made students feel less safe” (5).  

Yet in their letter, Boston City Councilors labeled metal detectors “non-invasive.” This is far from reality: for those forced to walk through them every morning before they can learn, metal detectors are invasive – physically and psychologically. And when we make our schools feel like prisons, our children feel less secure. 

Police presence also has no positive impact on school safety outcomes, according to a meta-analysis of 12 studies done by the WestEd Justice & Prevention Research Center (6). Instead, Black and brown students are disproportionately targeted within their schools, specifically for low-level offenses that in no way require law enforcement (7). In a district where students of color make up 85% of student enrollment, placing police in schools would detrimentally diminish an encouraging learning environment.  

But there is another path Boston can take. Evidence-based approaches, centered around restorative justice and preventive measures, have been proven to reduce student arrests and foster a safe learning space. These include conflict resolution, personal reflection, community reconciliation, and more. And they’re not a new phenomenon: when Denver Public Schools implemented restorative practices in 2011, suspension rates decreased by 44% (8). 

These strategies would relieve our city councilors’ safety concerns by identifying the underlying causes of conflict instead of their visible outcomes. As Leon Smith, Executive Director of Citizens for Juvenile Justice, remarked, “It would be unfortunate to see Boston move in a regressive way, doubling down on approaches that research shows are not effective rather than shifting resources to approaches shown to both address student need and improve school safety and climate” (9).  

Fundamentally, not only does law enforcement ineffectively ensure school safety compared to restorative action, but it also fails to address the urgent dangers posed by Boston’s declining facilities. Police officers cannot protect students from exposure to asbestos or lead in the neglected buildings they patrol. Police officers cannot ventilate classrooms or keep them within tolerable temperatures. Students deserve real safety at school – not just the illusion of it. And with such blatant neglect on display, it would be outrageous to funnel crucial funding and resources toward failed law enforcement measures. 

To their credit, Boston has made recent progress in meeting their students’ needs. But that does not mean we cannot hold them accountable. This moment is crucial for Boston Public Schools, and we must be diligent. Using reactionary force does not ensure student safety in schools. And when the district is still struggling to serve all students, allocating time and resources toward ineffective discipline would only set them back. It’s time for Boston leaders to expand their definition of school safety and support investments that genuinely address our students’ needs.

 

Sources:

  1. Massachusetts spends thousands more on school construction aid for white students than for students of color, https://www.bostonglobe.com/2023/05/27/metro/massachusetts-school-construction-aid/
  2. One year into school improvement plan, state official grades Boston’s progress ‘incomplete’: https://www.wbur.org/news/2023/06/27/boston-school-improvement-plan-one-year-later-progress-update
  3. Another year, another incomplete grade for Boston Public Schools: https://www.bostonglobe.com/2023/07/06/opinion/boston-public-schools-jeff-riley-blistering-criticism/
  4. https://twitter.com/ErinforBoston/status/1611476972076507136
  5. Mowen, Thomas and Freng, Adrienne. “Is More Necessarily Better? School Security and Perceptions of Safety among Students and Parents in the United States”. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7205221/
  6. Stern, A., & Petrosino, A. (2018). What do we know about the effects of school-based law enforcement on school safety? San Francisco, CA: WestEd. https://www.wested.org/ resources/effects-of-school-based-law-enforcement-on-school-safety
  7. Thurau, L. and Wald, J. Controlling Partners: When Law Enforcement Meets Discipline in Public Schools, 54 N.Y.L. Sch. L. Rev. 977 (2009-2010). https://digitalcommons.nyls.edu/ nyls_law_review/vol54/iss4/5/ 
  8. Cregor, Matt and Damon T. Hewitt. “Dismantling the School-to-Prison Pipeline: A Survey from the Field.” (2011).
  9. Boston Public Schools quietly negotiating with city police to formalize relationship: https://www.bostonglobe.com/2023/02/16/metro/boston-public-schools-quietly-negotiating-with-city-police-formalize-relationship/

 

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MA Appleseed Statement on Continued Discriminatory Treatment at Malden Charter School

According to current news reports, a staff member of the Mystic Valley Regional Charter School in Malden recently cited an eighth-grader for wearing a hijab, which was deemed a “uniform infraction.”

Deborah Silva, Executive Director of Massachusetts Appleseed Center for Law and Justice, released the following statement:

“Policies like this harm students – there’s simply no other way to put it. Students cannot be expected to succeed if parts of their identity are judged and punished every time they enter the classroom, and the damage this has on students’ mental health, confidence, and emotional well-being can be severe. Dress codes are rarely neutral policies, perpetuating racist, misogynistic, and homophobic norms. Their enforcement feels especially inappropriate in schools where students are learning how to express themselves and discovering who they want to be.”

“Just a few years ago, the school’s harsh discipline of the Cook sisters for wearing their hair in braids with extensions motivated lawmakers to pass legislation banning hairstyle discrimination. To see yet another student endure this kind of over-policing just weeks after the CROWN Act was signed into law shows that Massachusetts still has a long way to go towards making sure our classrooms are welcoming and inclusive spaces for all.”

Massachusetts Appleseed Center for Law and Justice published its latest community-led report, “I Just Want to Learn”: Girls of Color and the School-to-Prison Pipeline in Massachusetts, in July 2022. The report explores stories from girls of color about the impact of exclusionary discipline on their lives and touches on the role dress codes play in fueling racial and gender-based disparities.

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Massachusetts Appleseed Center for Law and Justice is a nonprofit driven by a mission to promote equal rights and opportunities for Massachusetts residents by developing and advocating for systemic solutions to social justice issues. Through policy research, community collaboration, and statewide advocacy, the organization seeks systems-level change so all Massachusetts families and youth can exercise their legal rights, build pathways out of poverty and crisis, and thrive.

 

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Debt Forces Massachusetts Families into Crisis. Barriers in Virtual Court Hearings Can Make Things Worse.

Even before the COVID-19 pandemic, self-represented litigants faced an uphill battle in the civil justice system. For a person unable to afford an attorney and forced to walk into court alone, something as small as knowing how or where to file a form could be a confusing, anxiety-inducing process.

Then COVID-19 hit. Thousands lost jobs, fell sick, and struggled to stay afloat. The skyrocketing legal needs of Bay Staters overwhelmed existing services. Courthouses shuttered, shifting to conduct court hearings virtually over the phone and through Zoom.

At the beginning of the pandemic, MA Appleseed began exploring the impact these virtual hearings had on self-represented litigants. We chose to focus on small claims debt collection cases where self-representation is the norm and the consequences of a poor outcome can be severe. People can lose vital income, get saddled with a reduced credit score that haunts them for years, and even face threats of eviction or incarceration.

Law students from Western New England University gave up their school breaks, volunteering to spend hours observing virtual small claims sessions across the state. The students followed up by interviewing the litigants they observed, gaining more insight into their firsthand experience. With project partners, we examined the patterns and recurring problems that emerged from these observations.

This research project culminated in our most recent collaborative report, You’re Still Muted: Access to Justice Barriers in Massachusetts’ Virtual Small Claims Court. Our findings are all-too familiar. At every turn, those who are already the most vulnerable when interacting with the court – low-income litigants, individuals with disabilities, limited English proficient litigants – face barrier after barrier in their attempts to engage with the legal process and achieve a fair outcome. In addition to technology-related hurdles, like litigants dropping out of hearings unexpectedly, a lack of standardization across court practices increases accessibility problems. Deeply entrenched inequities embedded in financial and legal institutions and the compounding effects of the COVID-19 pandemic mean this disproportionately harms communities of color, further widening the racial wealth gap.

Lack of a law degree and the inability to afford to hire an attorney should never be the reason a person loses their livelihood, their home, or is driven deeper into poverty. And as a state with vast racial wealth inequality, taking steps to eliminate these barriers is critical.

Some of the changes we recommended are simple, such as requiring clerk magistrates to introduce themselves and explain their role at the start of every court session. Others may require more coordination, like working with local legal service providers to establish “lawyer for the day” programs where there aren’t any now. Several recommendations seek to remedy issues of basic fairness. For example, standardizing how we treat litigants who appear late to a remote session or fail to show up at all, whether they’re a well-financed debt collection company or a single mother without an attorney.

Solving this problem is possible and the potential benefits are enormous. A study from the Massachusetts Taxpayers Foundation found that closing the racial wealth gap would grow the state’s economy by $25 billion in just five years. When people successfully navigate the civil justice system and resolve their legal problems, they can break out of cycles of upheaval and help build stronger, thriving communities. As for the courts, improved accessibility during virtual hearings will increase court efficiency and improve public perception of the courts as a fair institution.   

Court systems across the country have a reputation for being slow to change. They are built on tradition and precedence. But the COVID-19 pandemic forced everyone to rapidly adapt in the face of emerging crisis. The Massachusetts Trial Court rose to that challenge and showed that it can be done – that change is possible. At the height of the pandemic, we saw how court staff and Court Service Center managers worked with creativity and dedication to meet the needs of the thousands of people who sought their help. Amid statewide aspirations for an equitable pandemic recovery and the reality that disparities burdening low-wage workers and communities of color have intensified, these efforts to transform the courts and meet the goal of “justice for all” must continue. 

Virtual court, in one form or another, is here to stay. The rapid transformation that the civil justice system went through has provided Massachusetts with a treasure trove of data, information, and powerful lessons about the role technology can play in our future, both good and bad. And unless the needs and experiences of our most vulnerable litigants are centered in that future, a fair outcome in court and all the collateral benefits that come with it – stability, prosperity, and opportunity – will remain accessible only to those able to afford it.

 

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Recruitment Is Open: Seeking Student Participants for a New School Discipline Study

 

Last year, we published a collaborative, data-driven report which found that Black girls in Massachusetts schools are nearly 4 times more likely to be disciplined than their white counterparts.

Now, we’ve brought together a Community Advisory Board – made up of students, educators, advocates, and organizations from around the state – to conduct a new study that will explore the stories behind these statistics, dig deeper into disciplinary disparities, and amplify how we can change current discipline practices to build school environments where all students are safe and supported.

We want to hear from girls of color about their experiences with discipline in Massachusetts schools, and recruitment to participate in this community-led study is OPEN.

We encourage female-identifying students of color who have experienced suspension, expulsion, or a school-related arrest to take this brief survey to see if you qualify to be a part of this research study. 

Learn More About The Study
Take The Survey Now

Girls who participate in the study will be compensated and receive $25/hour.

Please share this opportunity with your networks, and reach out to Melanie Rush, Research and Policy Associate, at melanie@massappleseed.org if you have any questions.

 

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Celebrating and Commemorating Juneteenth

Massachusetts Appleseed’s office is closed today in observance of Juneteenth, the annual holiday marking the day that federal troops marched into Galveston, Texas and freed those who remained enslaved more than two years after the Emancipation Proclamation. This act reminds us that freedom and justice are never easily given but must be fought for, and that the enforcement of legal rights is as essential as their mandate.

Once again, our commemoration of Juneteenth coincides with powerful, community-led demands for systemic change and renewed opportunities to dismantle the structures that fuel white supremacy and perpetuate racial injustice. As we confront the ways systemic, anti-Black racism has continually evolved and taken shape through destructive policies that deny access to justice, safety, and opportunity – from redlining, to the school-to-prison pipeline, and countless more manifestations – this Saturday serves as a reminder that America’s history is not past, but continues to inform our present inequities.

We are glad to see Massachusetts mark Juneteenth as an official state holiday this year, and there continue to be many ways to celebrate:

To our Black colleagues, leaders, and partners, we hope today and tomorrow are days of celebration, joy, and rest. To our white and non-Black colleagues of color, we invite you to join us in commemorating Juneteenth through education, reflection, and action by elevating and giving space to Black voices, engaging with Black history that too often goes untaught, and honoring and remembering the organizers and activists who have always pushed this country to live up to its foundational ideals. Together, we can take steps forward in our pursuit of a future where the full humanity of every person is protected and the promises of freedom, justice, and equity are realized.

 

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Massachusetts Appleseed Participates in the 2021 Stand Against Racism Campaign

This spring, Massachusetts Appleseed joined over 250 companies, schools, community organizations, and others as participants in the 2021 Stand Against Racism Campaign, hosted by the Alliance of YWCAs of Massachusetts. Through three discussion sessions during April and into early May, Massachusetts Appleseed staff and Board members gathered together to discuss and reflect on the ways in which white supremacy is embedded in our education systems, experiences in employment, and every facet of our lives.

Massachusetts Appleseed staff and Board members participate in the 2021 Stand Against Racism Campaign.

Participants from three separate discussion sessions: Deborah Silva (Executive Director), Melanie Rush (Research and Policy Assistant), Madeline Poage (Development and Communications Associate), Peter Tobani (Board Member), Zeia Fawaz (Spring Research Intern). Not pictured: Melanie Todman (Chair of the Board of Directors) and John Shutkin (Vice Chair of the Board of Directors).

Together, staff and Board members discussed, “The Muddled History of Anti-Asian Violence” by Hua Hsu, “Racism Is Not a Historical Footnote” by the legendary Bill Russell, “Rotundamente Negra (Rotundly Black)” by Shirley Campbell, and Kimberlé Crenshaw’s keynote address at the 2016 Women of the World festival.

A number of themes emerged throughout our conversations, with participants reflecting on the failure of the American education system to adequately educate students about systemic racism, the consequences of this failure, the impact of microaggressions, the importance of engaging directly with all perspectives, and more.

Our final discussion centered predominantly on Kimberlé Crenshaw’s keynote address, which resonated with staff particularly strongly. In it, Dr. Crenshaw describes the origin of the #SayHerName campaign and lists some of the many Black women killed through racist police violence – Eleanor Bumpurs, Margaret Mitchell, Michelle Cusseaux, Tanisha Anderson, Natasha McKenna – and how the women in these examples were being evicted, experiencing homelessness, in need of mental health services, or vulnerable in other ways. But rather than being treated with understanding or support, they were met with brutality, violence, and silence. At its most fundamental, Dr. Crenshaw’s address reminds us that racism, misogyny, homophobia, transphobia, and poverty are intertwined, and until we treat them as such, they will continue to persist.

Massachusetts Appleseed staff also utilized the digital pledge board provided by YW Boston during the campaign, committing to specific ways we will each participate in the fight to eliminate racism in our work and in our lives. Through these pledges, staff members aim to strengthen our ongoing work to develop projects through the lens of anti-racism and ensure all components that make up Massachusetts Appleseed – from governance, to programs, to fundraising – align with our Statement of Values. The Statement of Values was created collaboratively by staff and the Board of Directors in 2020 and through it, we are explicit in affirming that our commitment to promoting access to justice and opportunity goes hand in hand with our commitment to combating all forms of systemic racism.

Massachusetts Appleseed's digital pledge board, completed during the 2021 Stand Against Racism Campaign.

Massachusetts Appleseed’s digital pledge board, completed during the 2021 Stand Against Racism Campaign.

Massachusetts Appleseed has recently deepened its decade-long work to dismantle the school-to-prison pipeline by focusing on the specific ways girls of color are targeted and excluded from their learning environments. As we convene students, educators, advocates, and other community members together to inform and guide our research and advocacy efforts, the tools provided through this campaign will help us build an anti-racist, intersectional foundation on which to do so.

We are so grateful to YW Boston and the Alliance of YWCAs of Massachusetts for providing these resources, and to all the guest curators for their selections and discussion guides. We look forward to continuing to make space for these collaborative and essential conversations, hold ourselves accountable, and center anti-racism in our work to build a more just, inclusive future.

Recommendations for further reading and watching from Massachusetts Appleseed staff and Board members:

 

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Massachusetts Appleseed Center for Law and Justice Joins Amicus Brief in Support of Equitable Access to Boston’s Exam Schools

Massachusetts Appleseed Center for Law and Justice has signed onto an amicus brief filed by Brown Rudnick LLP, Massachusetts Law Reform Institute, LatinoJustice PRLDEF, and the Children’s Law Center of Massachusetts in support of the Boston School Committee’s Admissions Plan for Boston Exam Schools for the 2021-22 academic year. The interim Admissions Plan was created in response to the COVID-19 pandemic and would also address long-standing issues of racial, socioeconomic, and geographic diversity in Boston’s three elite education institutions: the Boston Latin School, the Boston Latin Academy, and the John D. O’Bryant School of Mathematics and Science.

The changes to the Exam Schools admissions process being challenged include: 1) elimination of the entrance exam, 2) allocation of 20% of seats based on GPA, and 3) allocation of the remaining 80% of seats based on a combination of student GPA and home ZIP code, with each ZIP code receiving seats based on the percentage of school-aged children living in that ZIP code. These changes would help ensure talented and capable students from a diverse range of communities have equitable access to the high-quality educational opportunities Exam Schools provide.  

The legal challenge to the plan was brought by the Boston Parent Coalition for Academic Excellence Corporation, a group of parents and students from high-income neighborhoods who stand to lose seats under the new plan. The lawsuit was filed against the School Committee and argues the Admissions Plan is unconstitutional on the basis that ZIP codes are being used as a proxy for race.

As the brief notes, while race, poverty, and geography are undoubtedly linked – particularly against the backdrop of Boston’s long history of segregation – this argument fails to recognize Boston’s diversity within and across ZIP codes. Additionally, the Admissions Plan does not classify students by race, but uses ZIP codes to improve the prospect of Exam Schools reflecting the diversity of Boston’s entire student population. There are also compelling and legitimate goals the Admissions Plan takes steps towards; for example, providing the educational benefits of a diverse student body, which students carry with them into the workforce, and repairing the harms of past discrimination.

“Massachusetts Appleseed is proud to join Brown Rudnick LLP, Massachusetts Law Reform Institute, LatinoJustice PRLDEF, the Children’s Law Center of Massachusetts, and nearly two dozen allies in educational and racial justice to support the Boston School Committee’s proposed Admissions Plan,” said Deborah Silva, Executive Director of Massachusetts Appleseed. “Education can make a radical difference in a child’s life, and all Boston students should have a fair and equitable opportunity to access the resources and academic rigor available at Boston Exam Schools. This policy would open the doors to students who have been too often left behind – low-income students, students experiencing homelessness, and students of color whose families have been disproportionately impacted by the COVID-19 pandemic.”

Amici Curiae

Massachusetts Law Reform Institute, LatinoJustice PLRDEF, Children’s Law Center of Massachusetts, American Civil Liberties Union of Massachusetts, Autism Sprinter, Center for Law and Education, Charles Hamilton Houston Institute for Race & Justice at Harvard Law School, Citizens for Public Schools, EdVestors, GLBTQ Legal Advocates & Defenders, Greater Boston Association of Black Social Workers, Harvard Legal Aid Bureau, Hispanic Association of Colleges and Universities (HACU), Hispanic Federation, Jamaica Plain Progressives, Mass Insight Education & Research, Massachusetts Advocates for Children, Massachusetts Appleseed Center for Law and Justice, Northeastern University School of Law, Center for Health Policy and Law, Progressive West Roxbury/Roslindale, Quality Education for Every Student (QUEST), Roslindale is for Everyone (RISE), VISIONS, Inc.

 

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