Massachusetts Law About Education
See Also:
Massachusetts Laws
- MGL c.69 Department of Education
- MGL c.70 State Aid for Public Schools
- MGL c.71 Public Schools
- MGL c.71, s.69 National Flags and Pledge of Allegiance
- 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, s.50 Selling Papers or Taking Exams for Another
- Old Deluder Satan law: established mandatory public education in Massachusetts (1647)
- St. 2012, c.77 Medical Emergency Response Plans for Schools (Michael's Law) "Local school districts will now be required to develop efficient written medical response plans to be better prepared to respond to life-threatening emergencies," including training in CPR and use of defibrillators.
- St. 2012, c.379 Virtual Schools. New law will allow up to 10 virtual schools to be established in Massachusetts, in which students will receive all or nearly all instruction online.
- St. 2012, c.459 Background Checks. Teachers at schools and day care centers, bus drivers and others will be required to submit fingerprints for background checks. Law will "apply to new employees hired for the 2013-2014 school year. Employees hired before that time shall submit fingerprints for federal.background checks prior to the beginning of the 2016-2017 school year."
Massachusetts Regulations
603 CMR: Education
Agency
Massachusetts Department of Education
Selected Case Law
Opinion of the Justices to the Governor, 372 Mass. 874 (1977) Public school teachers and students can not be disciplined for not reciting the Pledge of Allegiance.
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.
Other Web Sources
Background Record Check (BRC) Regulations and Policies, 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."
Concussion Information, MIAA. Includes information for schools, coaches and parents on the concussion law and concussion policies.
Erasing Hate: A Guide to Your Civil Rights in School, Mass. Attorney General. This is an archived version of a valuable page on school civil rights put together by the former Attorney General.
Fact Sheet: In-State Tuition for DACA Beneficiaries, Mass. Dept. of Higher Education, November 2012. "the Administration has determined that under the existing Board of Higher Education policy, DACA beneficiaries are eligible for instate tuition at our 29 public campuses as long as they meet the Board's other residency requirements for those institutions."
Homeschooling 101: Massachusetts homeschooling law, “Navigating the legal requirements for homeschooling in Massachusetts can be perplexing at first, but ultimately most homeschoolers find it to be relatively simple. Homeschoolers [can] acquaint themselves with the law. In Massachusetts that means reading GL Ch. 76, Sec. 1, as well as two court cases: Charles and Brunelle.” This site suggests that “…these provide guidelines for homeschool regulation in Massachusetts.”
The McKinney Homeless Assistance Act: Education Rights for Homeless Youth, Children's Law Center. Explains educational rights of homeless children. ""McKinney" is a federal law that requires all homeless youth to have access to the same free and appropriate public education that is provided to all other children. McKinney states that homelessness alone is not a sufficient reason to separate students from the mainstream school environment."
Opening Procedures Handbook: A Guide for Boards of Trustees and Leaders of New Charter Schools, Mass. Dept. of Elementary and Secondary Education Charter School Office, 2012. "The Handbook summarizes the opening procedures process, identifies the action items that must be completed prior to the school's opening, lists documents that must be submitted to the CSO as part of the opening procedures process (as well as their due dates), and lists additional resources available to the school founders as they prepare to open the school's doors to students."
Recreational Camps, Mass. Dept. of Health and Human Services. Includes information both for and about camps, such as Camp Regulations, Information about Recreational Camps in Massachusetts: Questions and Answers for Parents, and Memo to Boards of Health and Code Enforcement Agencies Medication at Recreational Camps for Children.
School Suspension and Expulsion, Children's Law Center. Explains the legal rights of a student who is suspended or expelled.
Students with Comfort Care/Do Not Resuscitate Orders, Mass. Dept. of Education, November 30, 2004. "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. We hope these guidelines will assist you." See Also: Comfort Care/Do Not Resuscitate Protocol.
Print Sources
8th Annual School Law Conference, MCLE, 2008.
School Law Basics: A basic review of law and practice involving public schools, MCLE. 2002.
School Law in Massachusetts, MCLE, loose-leaf.