Decision  Rickan v. MTRS, CR-25-0290

Date:	08/29/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0290

• Petitioner: Shawn Rickan
• Respondent: Massachusetts Teachers’ Retirement System
• Administrative Magistrate: Kenneth J. Forton

Order of Dismissal

Petitioner is seeking to purchase two years of non-public school service at the Lake Grove Maple Valley School under G.L. c. 32, § 4(1)(p).  The Massachusetts Teachers’ Retirement System (MTRS) denied his request because it concluded that not all of the students he taught had their tuition paid at least in part by the Commonwealth.

On July 24, 2025, Petitioner was ordered to show cause no later than August 22, 2025 why this appeal should not be dismissed for failure to state a claim upon which relief may be granted.  I explained to him that credit for his service under G.L. c. 32, § 4(1)(p) is allowed only if the tuition of all of his students was paid, at least in part, by the Commonwealth.  The school itself informed MTRS that approximately 50% of its students came from states other than Massachusetts and 20% of them paid private tuition.  I therefore ordered Mr. Rickan to provide evidence that the tuition of all of the students he taught was paid by Massachusetts. Petitioner was informed that failure to show cause meant that the appeal would be dismissed.

The Petitioner failed to respond to the Order to Show Cause. Accordingly, this matter is hereby DISMISSED.

Dated: August 29, 2025                                         

/s/ Kenneth J. Forton

_________________________________

Kenneth J. Forton
Administrative Magistrate
Division of Administrative Law Appeals
14 Summer St., 4th Floor
Malden, MA 02148
Tel: [phone]
www.mass.gov/dala

Notice sent to:  
Shawn Rickan 
James O’Leary, Esq.