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Milton Public Schools votes to join mass-action suit against PowerSchool

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Summary

The Milton School Committee voted to join a proposed Massachusetts mass-action lawsuit against PowerSchool seeking indemnification related to a cybersecurity incident; attorneys said joining carries no district cost unless a monetary recovery is sought.

The Milton School Committee voted on April 30 to join a proposed Massachusetts mass-action lawsuit against PowerSchool, district counsel and outside panelists told the committee during the meeting.

Bob Patterson and AJ Melanson, panelists participating remotely, summarized the proposed mass action. They told the committee the district’s participation would provide indemnification in the event of future litigation tied to PowerSchool’s cybersecurity incident and, as presented, there is no upfront cost to the district. The panelists said attorney contingency fees (30 percent) would apply only to any monetary settlement the district pursued as part of the case, but the committee was not seeking money; the stated goal was protection and risk transfer.

Committee members asked procedural and liability questions. New committee member Nathan Hutto asked how indemnification would work; the panelists replied that PowerSchool would assume responsibility for any resulting action if the lawsuit succeeds.

A committee member moved that “Milton Public Schools join a mass action lawsuit against PowerSchool in response to their cybersecurity incident and related issues.” A second was recorded and the committee proceeded to an affirmative vote. The transcript records the motion, the second, and an oral “all in favor” call; the chair thanked the panelists after the vote.

Committee members were told the action requires completing a form and a follow-up questionnaire. Panelists said the filing is coordinated through the Massachusetts Data Privacy Alliance and that hundreds of school districts are participating in related suits.

The committee did not discuss or approve a contingency litigation budget at the meeting.