Note
See also the Massachusetts Law Libraries' legal reference overview and disclaimers.
Massachusetts laws
St. 2024, c. 251 An act requiring that districts certify that students have mastered the skills, competencies and knowledge of the state standards as a replacement for the MCAS graduation requirement (Enacted as Question 2 by Massachusetts voters on November 5, 2024)
MGL c. 15A, § 16A High demand targeted scholarship program
MGL c. 15A, § 46 Medication abortion readiness plans; amendment or revision; determination of adequacy of plan
MGL c. 69 Department of Education
- MGL c. 69, § 1C National Child Nutrition Act and National School Lunch Program; minimum nutritional standards for school food services
School meals are now free to Massachusetts students regardless of income.
MGL c. 71 Public schools
- MGL c. 71, § 69 National flags and Pledge of Allegiance
- MGL c. 71, § 94 Virtual schools
MGL c. 71A Bilingual education
MGL c. 71B Students with special needs
MGL c. 72 School registration
MGL c. 76 School attendance
- §§ 12-12C School choice law
MGL c. 271, § 50 Selling papers or taking exams for another
Old Deluder Satan law: Established mandatory public education in Massachusetts (1647)
St. 1993, c. 71 Education reform act
St. 2023, c. 28, § 80 Higher education COVID-19 limited liability
Colleges and universities are immune to civil liability for damages caused by campus closures and the transition to remote classes during the COVID-19 emergency.
Massachusetts regulations
555 CMR 10.00 Specialized certification for school resource officers
603 CMR Department of Education
606 CMR Department of Early Education and Care
- 606 CMR 14.00 Criminal and other background record checks
Massachusetts Executive Orders
EO 393 Establishes the Educational Management Accountability Board to monitor the attainment of goals of the Education Reform Act
EO 410 Establishing the Governor's Design Team on Teacher Professional Development and Support
Selected cases
Doe v. Acton-Boxborough Regional School District, 468 Mass. 64 (2014)
Discussion of the history of the pledge of allegiance and of Federal case law concluding that recitation of the pledge is a fundamentally patriotic exercise, not a religious one. Statement that no Massachusetts school student is required by law to recite the pledge of allegiance or to participate in the ceremony of which the pledge is a part.
Doe No. 1 v. Secretary of Education, 479 Mass. 375 (2018)
Law limiting the number of charter schools upheld. "The education clause provides a right for all the Commonwealth's children to receive an adequate education, not a right to attend charter schools."
Hancock v. Commissioner of Education, 443 Mass. 428 (2005)
The plaintiffs alleged that the Commonwealth was violating its constitutional obligation to educate children in poorer communities. The court declined to adopt the conclusion of a Superior Court judge that the Commonwealth was not meeting its obligation under the Massachusetts Constitution.
Massachusetts Federation of Teachers v. Board of Education, 436 Mass. 763 (2002)
The court upheld the Board's regulations that require mandatory assessment of math teachers in certain schools.
Millis Public Schools v. M.P., 478 Mass. 767 (2018)
Truancy. "We conclude that a child 'willfully fails to attend school' when he or she acts purposefully, such that his or her behavior arises from reasons portending delinquent behavior." Even though her acts were voluntary and intentional, she desired to go to school and showed no tendencies toward juvenile delinquency. CRA judgment vacated.
Opinion of the Justices to the Governor, 372 Mass. 874 (1977)
Public school teachers and students cannot be disciplined for not reciting the Pledge of Allegiance.
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023)
Affirmative action. The Supreme Court held that race-based (affirmative action) admissions programs at educational institutions are unconstitutional and violate the Equal Protection Clause of the Fourteenth Amendment.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
Requiring students to salute the flag and recite the Pledge of Allegiance violates First Amendment rights.
Federal law
20 USC 6301 et seq. No Child Left Behind Act
42 USC 11431 et seq. Education for homeless children and youth
Executive orders
Keeping men out of women’s sports (signed February 5, 2025)
Agency
Web sources
Choosing a school: A family guide to educational options in Massachusetts, Mass. Department of Elementary and Secondary Education.
Explains the options families have when deciding to enroll children in public schools outside of their home district or in non-public settings.
Education for homeless children and youths program: Non-regulatory guidance, U.S. Department of Education, 2018.
Homeless student guidance.
Equal access to public education for all students irrespective of immigration status: Mass. Attorney General Advisory, March 2, 2017.
"State and federal law require state educational agencies and local school districts to provide all elementary and secondary students with equal access to public education—irrespective of race, color, sex, gender identity, religion, national origin, sexual orientation, disability, or immigration status."
EEC background record checks, Mass. Department of Early Education and Care.
The regulations require a review of both the criminal history (CORI) and the DSS background of all individuals age 15 and over who have the potential for unsupervised contact with children.
Letter to Chief State School Officers about the educational rights of homeless children and youths under the McKinney-Vento Act, U.S. Department of Education, 2016.
Policy letter on homeless students' rights and protections.
Massachusetts financial aid programs, Mass. Department of Higher Education.
Includes various educational grants, scholarships, tuition waivers and reimbursements, and loans.
MassReconnect, Mass. Department of Higher Education.
Free community college for students who are 25 years or older.
MCAS results, Mass. Department of Elementary and Secondary Education.
Student assessment, Mass. Department of Elementary and Secondary Education.
The latest info on MCAS, graduation requirements through 2025 and other alternative assessments with the latest student assessment updates here.
Student loan assistance, Mass. Attorney General.
"The Attorney General’s Student Loan Ombudsman is tasked with assisting Massachusetts student loan borrowers. The Ombudsman can help you obtain information about your loans, resolve disputes, get mistakes corrected, and explore your repayment options."
Students with comfort care/do not resuscitate orders, Mass. Dept. of Education, August 27, 2017.
"In response to requests from several Massachusetts school districts, the following guidelines for the care of students with Comfort Care/Do Not Resuscitate Orders were developed in consultation with the Massachusetts Department of Public Health (MDPH) Office of Emergency Medicine and the MDPH Legal Office."
Supporting students, U.S. Department of Education.
A collection of fact sheets and other informational materials aimed to help educators provide support to students. Topics include: Human trafficking & gender-based violence prevention; Rural education; Students in foster care; Special populations; and Students facing homelessness.
What is the McKinney-Vento Homeless Assistance Act?, Children's Law Center.
Explains educational rights of homeless children. "'McKinney-Vento,' is a federal law that requires each state to ensure that each homeless child or child of a homeless individual has access to the same education as other children, including public preschool programs. It also requires each state to revise all laws, regulations, practices or policies that may act as barriers to the enrollment, attendance, or success in school of homeless children and youths."
Print sources
23rd annual school law conference, MCLE, 2023.
Campus sexual assault: Emerging issues in Title IX investigations and litigation, MCLE, 2017.
College and university law manual, 2nd ed., MCLE, 2021, loose-leaf.
Education law, Matthew Bender, loose-leaf. (eBook also available with law library card)
The law of schools, students, and teachers in a nutshell, West Academic, 2022.
Massachusetts school law sourcebook and citator, MCLE, annual.
School law in Massachusetts, MCLE, 5th ed., 2024.
Student loan law, NCLC, 2023.
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| Last updated: | February 7, 2025 |
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