Legal Opinion

School Committee of Lowell v. Oung

Massachusetts Appeals Court

Decided September 25, 2008No. 07-P-184PublishedCited by 6 opinions

1Opinion of the CourtSikora, J.

In October of 2003 the superintendent of the Low: *699ell public schools terminated three teachers for “failure to demonstrate fluency in English.” None of the teachers had been bom in the United States: Vong Oung3 and Vandy Duch grew up in Cambodia, and Pedro Espada in Puerto Rico. The School Committee of Lowell (Committee) now appeals from the judgment of the Superior Court confirming the arbitration award reinstating all three teachers with full back pay and related benefits. We affirm.4

1. Background. By a referendum vote in 2002, the Massachusetts electorate approved the general elimination…

2Cases cited13 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Plymouth-Carver Regional School District v. J. Farmer & Co.Massachusetts Supreme Judicial Court · 1990
  4. City of Lynn v. ThompsonMassachusetts Supreme Judicial Court · 2001
  5. Drywall Systems, Inc. v. ZVI Construction Co.Massachusetts Supreme Judicial Court · 2002

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3Cited by6 opinions

  1. School Committee v. RobishawMassachusetts Supreme Judicial Court · 2010
  2. School Committee of Lexington v. ZagaeskiMassachusetts Supreme Judicial Court · 2014
  3. School Committee of Chicopee v. Chicopee Education Ass'nMassachusetts Appeals Court · 2011
  4. Dever v. WardMassachusetts Appeals Court · 2017
  5. Kady v. Arbella Mutual InsuranceMassachusetts Superior Court · 2009

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