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12/'~O/2014

12: 10 FAX

6174796469

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MURPHY, HESSE, TOOMEY & LEHANE, LLP

Attorneys At Law

CROWN COLONY PLAZA


300 CROWN COLONY DRIVE
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QUrNCY, MA 02169
75-101 FEDERAL STREET
BOSTON, MA 021 10
ONE MONARCH PLACE

SUITE 13lOR
SPRINGFIELD, MA 01144
TEL: 617-479-5000 FAX: 617-479-6469
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Arthur P. MUI11hy

Doris R. MacKenzie Ehrens

J8JlIe$ A. Toomey
Katherine A, Hesse

Clifford R. Rhodes, Jr.


Karis L. N onh
Bryan R. Le Blanc

Michael C, Lehane
john P. Flynn
Regina Williams Tate
Edward F. Lenox, 1r.
Mary Ellen Sowyrda
David A. Deluca
Donald L. Graham
Andrew J. Waugh

Geoffrey P. Wermuth
Robert S. Mangiarani
Kathryn M. Murphy

Alisia St. Florian


Thomas W. Colomb

Brandon H. Moss
Micbael J. Maccaro
Kevin F. Bresnahan
Kathleen Y. CiampaIi
BrianP.i'ol<

Law-en C. Galvin
rami 1... Fay
Ki~r B. W""btcrru.user

Sarah A Catignani
LenaKate Ahern
Felicia S. Vasudevan
Ann M O'Neill, Senior Counsel

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Please respond to Quincy


December 3D, 2014
Ms. Kathleen Anderson
President, Amherst NAACP
P.O. Box 175
Amherst, MA 01004
Re:

National Association for the Advancement of Colored People,


Amherst Branch v. Joan Hanson, et al
Civil Action #92-30241-F

Dear Ms. Anderson:


I am writing at the request of Dr. Trevor Baptiste, the chairperson of the Amherst-Pelham
Regional School Committee after reviewing your letter ofNovember 17, 2014 as well as the
Agreement in the above-captioned case. Members of the administration, Dr. Baptiste and I have
closely reviewed the Agreement in light of the claims made in your letter. Please be advised
that, as cOWlsel to the School Committee, it is my opinion that there has been and is no breach of
the Agreement. While Dr. Baptiste and other members of the Committee are willing to engage
with you and other members of your organization, and will do so in this circumstance, it is not
for the purpose of addressing any alleged breach of the Agreement as there has been no breach.
Should you have any questions, please feel free to contact me.

cc:

Dr. Trevor Baptiste


Superintendent Maria Geryk

Amherst NAACP
P.O. Box 175

Amherst, MA

01004

amherstnaacp@gmail.com

November 17, 2014

Dr. Trevor Baptiste, Chairman


Amherst Pelham Regional School Committee
15 Gulf Road
Pelham, MA 0 J 002
Re:

Subject:
Issue:

NAACP v . .John Hanson. el at


United States District Court fix Massachusetts
Civil Action No.: 92-30241-F
AGREEMENT: Dated October I, 1993
BREACH OF AGREEMENT:
VI. REMEDY FOR BREACH OF CONTRACT

Dear Dr. Baptiste:


Pursuant to section VI. REMEDY FOR BREACH OF CONTRACT; I., the National Association tor the
Advancement ofColored People (Plaintiff and hereinafter referred to as "NAACP"), is writing to the Amherst Pelham
Regional School Committee ("APRSC'), as the only other signatory to the AGREEMENT. [n accordance with the
terms of the AGREEMENT the NAACP is hereby notitying you that the APRSC is in a material and substantial breach
ofthe AGREEMENT as it has not in any meaningful way, fil[filled the requirements ofsection V. DISCIPLINE. In that
section ofthe AGREEMENT 'The School Committee agrees to initiate a process with the NAACP to discu<;s and
examine the concerns the NAACP has about the discipline process in the schools. The paJ1ies will work together
cooperatively in this area to promote the just and fuir admini<;lration ofdiscip\ine in the school. cn,is process will begin in
October 1993 and the pal1ies will develop a schedule for completion of the tasks" (I have attached a copy ofthe
Agreement for your reference.)
Attached are two excel spreadsheets that clearly, and without any error, demonstrate that there has been absolutely no
change in the ''unjust and unfair administration ofjustice in the schools". APRSC was first made aware ofthis bad
behavior with the filling ofa complaint with the Massachusetts Department of Education in October 1990. Notably. the
Massachusetts Department of Education found many violations ofstate law by APRSC in the areas of Racial
Harrassment & Abuse; Hiring Practices; Educational Tracking; Administrative Response to Racism; and, Active/Passive
Staff Racism. In a Final Rep0l1 - Complaint GS 16}, transmitted to Superintendent Gus Sayer April J J, J 991, the
Massachusetts Department of Education made several Required COl1'ective Action(s) and Recommendations tor
Noncompliance Issues: Responses to acts of Racial Di<;crimination, Required Corrective Action five (5), and
Recommendations: five (5); Educational Tracking: Required Corrective AClion, three (3), and Recommendations: four
(4): Discipline, Required Corrective Action,

Amherst NAACP
P.O. Box 175

Amherst, MA.

01004

amherstnaacp@gmail.com

two (:2), and Recommendations fOllr (4); and, Active/Passive Sta 11' Acts ofRac ial DiscriL11ination, Required C olTl:cLive

Action. one (I). 'nle APRSC told the State it would implement those corrective actions before the filing of the NAACP

complaint It aprears that APRSC remained in violation of the

requirements ofthe Final Report, as evidenced by its request to the Department ofLducation in July. 1993
NAACP complaint, even after the commencement of the NAACP litigation.

to close

the

In that intervening 24 year span. the non-\vhite student population has continued to suiter an unfair, unjwit and.

arguably, illegal application ofdisciplinalY measures within the jurisdictional area orthe APRSC. While this demand is

clearly centered upon the student discipline l<;sue it can not be sepamted fi'om all the other complaints about the

structure and management, climate, and safety "vithin the APRSC schools. Clearly, this issue speaks to the larger issue

of how racism has been institutionalized and protected by the APRSC with its f:lilure to abide by the terms of the

AGREEMENT.

Accordingly, pursuant to the requirements of tile AGREEMENT: VI. I.. and 2 .. within the next ten (10) days, please

provide me with dates and times when you are available to have a" face to filee" meeting to discuss this egregious

violation of the Agreement and "attempt to resolve it."

We look J(:lIward to finally addressing and resolving this disparity that has been ignored fbr more than [\venty years.

President

NAACP, Amherst Area Branch

ENCLOSLJR[S:

JOINT MOTION FOR THE EN"mY OF A CONSF.NT JUDGMENT: 10-1-93 Allmvcd, Friedman, SJ. (2 pages);

AGREEMENr. Dated September 17. 1993 (9 pages);

FINAL REPORT - Complaint GS 163: TIlt' Commonwectlth of Massachusetts Department ofEducatioll. dated April

I I. 1991 (J 3 pages).