Lawsuit Against Boston Public Schools For Discrimination

Advocate for English Language Learners Sues Boston Public Schools For Discrimination, Retaliation

Long-Time Employee Forced Out After Objecting To BPS’s Mistreatment of English Language Learners

Lawyers for Civil Rights (LCR) and Pontikes Law, LLC, filed a lawsuit in Suffolk Superior Court on behalf of Ms. Aketa Narang Kapur, alleging discriminatory and retaliatory treatment by Boston Public Schools (BPS). Ms. Kapur, a South Asian woman with a profound commitment and deep expertise in educating and supporting English Language Learner (ELL) students, was forced out of her job by BPS after she objected to the improper mass transfer of ELL students into general education classes.

Ms. Kapur was promoted to Assistant Superintendent of the Office of English Language Learners (OELL) in 2021, after 15 years of employment at BPS. In that role, she oversaw the OELL department, its programs, and compliance with state and federal laws. Within days of starting in that role, she began raising alarm bells about BPS’ treatment of ELL students. Specifically, BPS had recently dumped 200 ELL students into general education without allowing them to achieve sufficient proficiency in English and without parental input. As a result of Ms. Kapur’s complaints, she quickly found herself forced out of the job. 

Ms. Kapur’s observations about the problematic transfer of ELL students was consistent with years of continuing violations BPS has committed against ELL students, for which BPS has been under decades-long monitoring agreements with the United States Department of Justice. She was the fifth leader forced out of the Assistant Superintendent role within a three-year period, indicating the challenge that BPS had in getting anyone to sit idly by while observing their abhorrent treatment of ELL students.  Ms. Kapur is also one of nearly a dozen administrators of color who have been forced out of BPS in recent years using a punitive disciplinary procedure.

“I could not in good conscience sit by while BPS continued to treat their multilingual students and families as if they deserved less than others or were merely inconvenient,” said Ms. Kapur. “Criticism of BPS’ treatment of ELL students was coming from all directions—the federal government, the state, countless stakeholders—yet BPS continued to fail our young people. I thought as a leader in the District, I could make a difference, but I never imagined that my whole career could be taken from me and my reputation tarnished because I stood up for what was right.”

“Massachusetts prides itself on being a mecca for education. As the oldest and largest public-school district in the Commonwealth, BPS shames that reputation with its treatment of English Language Learners,” said Sophia Hall, Deputy Litigation Director at Lawyers for Civil Rights. “When educators of color and leaders in the District like Ms. Kapur attempt to hold BPS accountable for its failings, BPS discriminates and retaliates against them and derails their careers.” 

“Rather than fix a very serious problem that compromised the education of vulnerable students, BPS chose to punish a distinguished employee of color who spoke up,” said Attorney Rebecca Pontikes, founding partner of Pontikes Law, LLC. 

Ms. Kapur brought so much value to BPS as an educator and administrator.  It is extremely disappointing that BPS punished her, rather than applauded her, for ensuring the district was compliant with the law,” said Attorney Bryn Sfetsios, an attorney for Ms. Kapur. “Fortunately, we have strong legal protections in Massachusetts for whistleblowers.” 

Click here to download the complaint. 

Kapur-Complaint-Against-BPS