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Boston Lawyers Challenging Massachusetts' Cap on Charter Schools

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Three prominent Boston lawyers say they are challenging the state's cap on how many charter schools are allowed to open.

Their contention? The cap strips some students of their right to a quality education.

The announcement comes as charter schools in Boston, which has reached its cap, prepare to hold their annual lotteries this week. The Massachusetts Charter Public School Association says that over 18,500 children have thrown their name in the hat for about 2,100 open seats. 

Attorneys Paul Ware, Michael Keating, and William Lee told The Boston Globe that their lawsuit, which will be filed on behalf of students forced to attend failing district schools because they couldn't get into a charter, is breaking new ground. More from reporter Michael Levenson of the Globe:

"It will be the first constitutional challenge to a charter school cap in any state and the product of an unusual alliance among lawyers from rival firms -- "a unique occurrence in Boston legal history," according to Lee.

Their decision to challenge the cap in court reflects growing frustration among charter school advocates who have seen recent efforts to expand the number of these schools in Massachusetts defeated by state lawmakers."

According to the Globe, there are a total of 80 charters across Massachusetts serving about three percent of the student population.


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