BPS Lawyers File Motions to Dismiss Amid Federal Lawsuit Over Mission Hill School

It remained unclear on Wednesday when a judge will rule on the motions to dismiss

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Lawyers representing Boston Public Schools have filed two motions to dismiss this week, as the school district defends itself against a federal lawsuit stemming from bullying that allegedly plagued Mission Hill School before it closed down.

The Mission Hill K-8 School has been closed since the end of last school year – but the fallout from what happened remains ongoing.

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A scathing new report is blaming Boston Public Schools leaders for failing to take action at the troubled Mission Hill School, which has since been closed down.

The lawsuit by the families of two former Mission Hill students was filed last spring against BPS and the former principal of the pilot school, Ayla Gavins, among others.

The families alleged one student was repeated bullied by his classmates, while the other student was bullied and sexually abused by her classmates for years. The suit also claims that Gavins did not follow the district’s policies on school bullying, student discipline, or special education.

The new lawsuit, filed by two parents, accuses staff of the now-closed school of failing to report and address bullying.

In two motions to dismiss filed this week, lawyers for Boston Public Schools said, “An alleged failure of the school to be effective in stopping bullying by other students does not constitute action by the state to create or increase the danger.”

However, that directly contradicts the district’s own findings, and an independent investigation that found that BPS leaders failed to take action to protect students at Mission Hill.

It remained unclear on Wednesday when a judge will rule on the motions to dismiss.

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