COVID-19
COVID-19 information and resources, Mass. Dept. of Elementary and Secondary Education.
Source for updated guidance and information on testing, frequent updates, mental health, meals, and teaching.
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 laws
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
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
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
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. ____ (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
Agency
Web sources
EEC background record checks, Mass. Dept. 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.
Beyond financial aid: A guide to extra help for low-income adult students, Produced by Deborah Harris, Massachusetts Law Reform Institute, and Ruthie Liberman, Crittenton Women’s Union.
"Public programs can offer support, but sometimes the rules about who is eligible for public benefits, such as housing assistance, food stamps, or unemployment insurance, are different for students. This booklet will help you determine which public benefits may be available to you and your family while you go to school."
Education for homeless children and youths program: Non-regulatory guidance, U.S. Dept. of Education, 2018.
Homeless student guidance.
Educational rights of homeless children and youths under the McKinney-Vento Act, U.S. Dept. of Education, 2016.
Policy letter on homeless students' rights and protections.
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."
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. Dept. of Elementary and Secondary Education.
Student assessment, Mass. Dept. of Elementary and Secondary Education.
The latest info on MCAS, graduation requirements through 2025 and other alternative assessments with the latest 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 the success of homeless children and youths, US Dept. of Education, 2016.
A fact sheet with tips for teachers, principals, school leaders, counselors, and other school staff.
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
22nd annual school law conference, MCLE, 2022.
Campus sexual assault: emerging issues in Title IX investigations and litigation, MCLE, 2017.
College and university law manual, MCLE, loose-leaf.
Education law, Matthew Bender, loose-leaf.
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, loose-leaf, 2022-
Student loan law, NCLC, 2019.
"When good intentions go bad: The MCAS graduation requirement and special education children," by James M. Baron, 40 Suffolk U. L. Rev. 123 (2006).
Contact for Massachusetts law about education
Online
| Last updated: | September 7, 2023 |
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