Assad v. Berlin-Boylston Regional School Committee

In March, 1988, a Superior Court judge decided, after de nova review pursuant to the plaintiffs timely complaint under G. L. c. 71, § 43A (1988 ed.), that the defendant school committee violated the statutory rights of the plaintiff, a teacher serving at its discretion (a tenured teacher), when it dismissed her on March 11, 1987, due to financial constraints. Specifically, the judge held that, as a matter of law, the school committee had failed to justify its action, inasmuch as Assad was qualified to fill the position held by a nontenured teacher retained at the school where she taught,…