Mass. General Laws c.71 § 102

Arrests for civil law enforcement on school grounds, requirements; guidance and training

This is an unofficial version of a Massachusetts General Law.

Updates

• Added by St. 2026, c. 163, § 4, effective August 5, 2026

Section 102

(a)

For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Charter school”, commonwealth charter schools and Horace Mann charter schools established pursuant to section 89.

“Civil law enforcement”, efforts to investigate, enforce or assist in the investigation or enforcement of any civil law, including, but not limited to, federal civil immigration law.

“Collaborative school”, a school operated by an education collaborative established pursuant to section 4E of chapter 40.

“Department”, the department of elementary and secondary education.

“Grounds”, any building or property owned or controlled by a school or school district within the same reasonably proximate geographic area of the school and used by the school in direct support of or in a manner related to the school’s educational or athletic purposes.

“Judicial warrant” or “judicial order”, an arrest warrant or other judicial order, signed by a judge or magistrate sitting in the judicial branch of a state government or of the federal government authorizing an arrest.

“School”, a school administered by the school department of a city, town or regional school district, a county agricultural school, an independent vocational school or a vocational school operated by a county, a Charter school, a special day school or other day facility or a short or long term residential school providing educational programs for children with disabilities established pursuant to chapter 71B and in accordance with chapter 766 of the acts of 1972 or a Collaborative school.

“School district”, the school department of a city or town, a regional school district, an independent vocational school or a vocational school or agricultural school operated by a county.

(b)

Except as required by state or federal law or as required for the commonwealth or any of its subdivisions to administer a state or federally supported or funded program, arrests for civil law enforcement shall not be permitted on school grounds without a judicial warrant or judicial order.

(c)

The department, in consultation with the attorney general, organizations representing school employees and managers, the Massachusetts Association of School Committees, the Massachusetts Association of 766 Approved Private schools and other appropriate stakeholders, shall publish guidance and model policies relating to interaction with law enforcement agents engaged in civil law enforcement, including, but not limited to, federal immigration authority, to the fullest extent possible consistent with state and federal law, ensuring that schools remain safe and accessible for all residents. The guidance and model policies shall include procedures, which shall include, but not be limited to, the following: (i) identifying a designated authorized person or persons at each school and the district superintendent’s office or school administrative office to serve as the individuals responsible for having primary contact with law enforcement agents; (ii) procedures for contacting a designated authorized person at the school and the district superintendent's office or school administrative office, who will contact the school's legal counsel; (iii) procedures for documenting all interactions with law enforcement agents while on the school's premises; (iv) procedures for notifying a student's parents or guardian or the student if the student is 18 years or older or emancipated if a law enforcement agent requests access to a student or student’s information for any civil law enforcement purpose; (v) procedures following the confirmation of law enforcement agents engaged in civil law enforcement on school sites, which shall include, but not be limited to, procedures to notify students’ parents and guardians, teachers, administrators and school personnel when the school confirms the presence of law enforcement agents engaged in civil law enforcement on the school site in a manner that ensures the confidentiality and privacy of any potentially identifying information; (vi) a plan to confirm and update students’ emergency contacts and allow for more than 1 person to be listed; and (vii) a plan to share these procedures and policies with students and families including through the use of the school district website.

(d)

The department, in consultation with the attorney general, organizations representing school employees and managers and the Massachusetts Association of School Committees, shall develop a model training reviewing the components of this section that school committees, collaborative schools and commonwealth charter school board of trustees may provide to school employees, managers and other staff.

(e)

Each school committee, collaborative school and commonwealth charter school board of trustees shall ensure that every school under its jurisdiction has a written emergency response plan that addresses student and staff safety relating to interaction with law enforcement agents engaged in civil law enforcement, including, but not limited to, federal immigration authority. The emergency response plan shall be developed pursuant to the model policies established in this section.

(f)

The requirements of subsection (b) shall apply regardless of whether a school district, charter school or collaborative school has adopted the policy required by subsection (c).

(g)

An individual aggrieved by a violation of this section may apply for a writ of habeas corpus if such person has reasonable cause to believe that a civil arrest in violation of this section has occurred. The attorney general may bring a suit in law or equity for civil arrests in violation of this section.

(h)

Nothing in this section shall require a state or local law enforcement officer to interfere with or assist the actions of a federal official engaged in civil immigration enforcement. Nothing in this section shall confer upon any state or local law enforcement officer the authority, obligation or responsibility to enforce, interpret, supervise, assess compliance with or prevent conduct governed by this section.

Last updated:	August 5, 2026