Superior Court Denies School District’s Appeal of Order to Reinstate Counselor Fired for Discrimination
The rainbow crosswalk at Amherst Regional Middle School. Photo: Art Keene
The Amherst-Pelham Regional School District was informed on Friday, October 31, that a Superior Court Judge has issued a decision in the case involving middle school counselor Delinda Dykes.
An administrative judge ordered in July of 2025 that the Amherst Regional Public Schools (ARPS) immediately reinstate with back wages, former school adjustment counselor and former interim middle school principal Delinda Dykes, who had been fired in 2023 amid charges that she had discriminated against LGBTQ students. The reinstatement order stated that the district had violated Mass General Law Chapter 71 section 42 which covers dismissal of public school employees.
That dismissal was part of a tumultuous year at the middle school (2023), where charges of extensive bullying of LGBTQIA+ students by both students and staff (see also here and here) were confirmed by subsequent Title IX and non-Title IX investigations that faulted the district for failing to protect students from harm and for protecting perpetrators of that harm. Dykes and colleagues Hector Santos and Tania Cabrera were accused of purposefully misgendering students, failing to support students who were being bullied, refusing to counsel non-binary students, disparaging gay and transgender students, and holding prayer meetings with students in which students were encouraged to abandon their gay/trans identities.
The Superior Court Judge did not make independent findings regarding Dykes’ actions. Rather, the court determined that it was legally bound to accept the arbitrator’s factual findings. Based on those findings, the Judge upheld the arbitrator’s decision.
The district is working closely with legal counsel and the Regional School Committee to determine appropriate next steps.
Superintendent Dr. E. Xiomara Herman reaffirmed the district’s unwavering commitment to ensuring that every student and staff member is safe, supported, and feels a strong sense of belonging in Amherst’s schools. “Regardless of the next steps, our focus remains where it must always be, on our students,” said Herman. “We are committed to ensuring that this continues to be a school system where every child is honored, respected, and given the opportunity to be their best self. We have strong school committee policies — including Policy ACAA, our Commitment to Identity-Affirming School Culture and Staff Accountability, and Policy JICFB on Bullying, Harassment, and Intimidation. We are deeply engaged in updating our procedures to strengthen how we uphold those commitments each day. Our work is ongoing, and our purpose is clear: to protect, support, and elevate every student in our care.”
Read More
Judge Orders Reinstatement of Counselor Fired for Discrimination Against LGBTQ Students (Amherst Indy)
Community Protests Reinstatement of Delinda Dykes at Amherst Middle School (Amherst Indy)
Regional School Committee Again Receives Heart-Wrenching Testimony About Discrimination at Middle School (Amherst Indy)
School District Will Appeal Delinda Dykes Arbitration Judgement (Amherst Indy)
Public Comment: Adults Who Have Bullied Students Have No Place in Our Schools (Amherst Indy)
Public Comment: Delinda Dykes Cannot Return to Amherst Schools Without Causing More Harm (Amherst Indy)