Court upholds reinstatement of Lowell teachers who failed English fluency tests

The state Appeals Court has upheld an arbitrator’s decision to reinstate three Lowell public school teachers who were fired for failing English fluency tests.

The middle school science and math teachers were fired in October 2003, soon after the passage of a ballot question that required public school teachers to be fluent and literate in English. Two of the teachers grew up in Cambodia, and the third grew up in Puerto Rico.

Their lawyers said the ballot question did not define "fluency" or say that only non-native English speakers had to demonstrate English proficiency. An arbitrator and a Superior Court judge ruled in their favor in 2006 and ordered the teachers reinstated.

The School Committee appealed, but the state Appeals Court on Thursday agreed the teachers should keep their jobs.