Y & LEHANK, LLP Dale RNase nem sTRRIT ‘ea tin Tat Ps ‘co. Wao ‘een Woon ’ (lath Warns Ses A Cig ‘ulm At mig Cems abo ‘SPRINGFIELD, MA 01144 om tea eee rene ‘Toa W Colt 017-479-6409) 14850 Ls 61779-5000 ‘TOL, PREF: Aa ‘her O'%e, Seir Com Please respond to Quincy August 7, 2015 Dr. Trevor Baptiste Chairperson Amherst-Pelham Regional S« 170 Chestnut Suet Amherst, MA t Committos Dear Dr. Baptiste: to your email of August 5, 2015 in which you asked fora legal pnsent{sic] decree! is still in force.” While that is not the way I chnical point of view, in order to give you a straightforward risno, Let me explain, Tam writing in respoi opinion of whether the “1993 ‘would ask the question from a answer, in my opinion, the an: jicates that the agreement could be entered as a consent judgment cally said that the agreement could not be enforved as a consent s of contempt proceedings, Rather, it specifically stated that through a breach of contract action, That is a very important by federal courts which can be enfivrced as consent decrees lings are “live” until such time as the federal court terminates n examples of thal over the past few years. Because the that iL could only be enforced as a breach of contract action, then nd no less, than a contract. With the signing of this document, issed, and the partics had a contract between thera. distinction. Consent decrees i ‘with the use of contempt pr ‘the consent decree. You have agreement specifically indicat the consent decree is no mote, the federal court action was di nw igned by the federal distriet court judge, nor did the NAACP significant question about its validity. Noneticless, Fam not relying upon " Lhave found no copy of the apres ‘submit one to you. That would rai ‘that omission in this opinion letter.Dr. Trevor Baptiste August 7, 2015 Page 2 A breach of contract action in the state of Massachusetts must be brought within six (6) years of the breach’, ‘The which resulted from Civil Action #192-30241-F required a ‘number of actions on the part of the School Committee, the last one of which was to take place in October, 1993, and then a schedule of activities was to follow. I do not have any documents which show if the parties develped such a schedule of activities. In any case, for purpose of the statute of limitations in Mas ts, the last activity mandated by thet agrecment occurred or should have ocourred in October, 1993.’ Therefore, the statute of limitations began to run on that date. Any action for a breach of the agreement had to be initiated by the NAACP by October 1999, Since the NAAGP nover brought an action for breach of contract within the six year statute of limitations, it catinot do so now, Failure to file a claim of breach of contract ‘Within the statute of limitations terminates the NAACP"s rights to pursue any action now. The case is dismissed, and the Committee has no further contract obligations under the agreement. The NAACP bas no current right to enforce any term of the agreement. Thope thar this assists you and the Committee, This opinion refleets the oral discussion we had along with Michael Morris, Kuthryn Mazur and Maria Geryk at the meeting in December, 2014 after receipt of the letter from the NAACP, Should you, the Superintendent or any member of the School Committee have uny further questions, please feel free to contact me. * Despite the fact that this was ‘court action, the state statute of limitations would apply since federal law requires that a federal court “borrow or apply the state statute of Limitations when there is no Rederal statute of | ieniations, > By this date, the Education Reform|Act of 1993 hud passed on June 18, 1993, Therefore, there isa significant legal question as to whether the Sehgal Commictee had any authority to enter ft this xyreoment, since the ‘superintendent and principals ure responsible for instructional grouping and discipline im the schools as a result of that duction Reform Act OF 1993, Agi, {hve ot reid on this fat fr my pinion, ut it raises another ‘concern about any purported en at this time,