- Associated Press - Tuesday, October 4, 2016

BOSTON (AP) - A judge has dismissed a lawsuit brought by five Boston students that challenged the state’s cap on charter schools.

Superior Court Judge Heidi Brieger on Tuesday sided with the state, ruling that lawyers for the students would be unable to show that the charter school cap was not “rationally related to the furtherance of a legitimate state interest in providing public education to every child.”

Lawyers for the students had argued the cap amounted to an “arbitrary impediment” to a quality education.

The five students were unable to attend a public charter school because they lost a lottery for open seats.

In November voters will decide a ballot question that would let Massachusetts add up to a dozen new or expanded charter schools each year outside of existing caps.

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