News & Resources

Earlier this year, the Massachusetts Supreme Judicial Court clarified when a child failing to attend school qualifies as a “Child Requiring Assistance” under the truancy provisions of Massachusetts General Laws Chapter 119, sections 21 and 39E-39I.  The underlying case, Millis Public Schools v. M.P., et al., Docket No. SJC-12384 (2018), involved a fifteen year old girl, M.P., who continuously failed to attend school due to a combination of physical and mental disabilities, including a severe bladder condition and autism. After M.P. was absent from school for approximately two months, the Millis Public Schools (Millis) filed a CRA Petition alleging that M.P. was habitually truant, which is a category under the CRA law defined as applying to “a school-aged child, not excused from attendance under the lawful and reasonable regulations of such child’s school, who willfully fails to attend school for more than [eight] school days in a quarter.”

On January 18, 2018, the Massachusetts Department of Elementary and Secondary Education (“DESE”) issued guidance which clarifies the obligations of school districts for foster care students under the Every Student Succeeds Act (“ESSA”).  The guidance can be found here:  http://www.doe.mass.edu/news/news.aspx?id=24765[On%20January 18, 2018, the Massachusetts Department of Elementary and Secondary Education (“DESE”) issued guidance which clarifies the obligations of school districts for foster care students under the Every Student Succeeds Act (“ESSA”). The guidance can be found here: http:/www.doe.mass.edu/news/news.aspx?id=24765. The guidance generally places significant burdens on school districts, although it did provide some helpful clarifications.].  The guidance generally places significant burdens on school districts, although it did provide some helpful clarifications. 

On March 14, 2018, at 10 a.m., students across Massachusetts are planning to walk out of school for seventeen minutes to support stricter gun-control laws and mental health resources for troubled peers. 

Given professional athletes’ recent protests, kneeling and/or linking arms during the National Anthem, the question has arisen about students’ right to kneel and/or link arms during patriotic activities, such as the National Anthem or pledge of allegiance. 

On March 22, 2017, the United States Supreme Court decided the case of Endrew F. v. Douglas County School District, addressing the meaning of a free and appropriate public education (“FAPE”) for the first time since Board of Education of Hendrick Hudson Central School District, Westchester County v. Rowley, 458 U.S. 176 (1982).

On December 10, 2015, President Obama signed into law the Every Student Succeeds Act (“ESSA”), which amended the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”).  The amended McKinney-Vento goes into effect on July 1, 2016, with a few exceptions.

The United States Department of Education’s Office for Civil Rights (“OCR”) is receiving hundreds of complaints across the country about the accessibility of public schools’ websites for individuals with disabilities.  It is, accordingly, investigating school districts’ compliance with applicable Federal laws as they relate to school websites and applicable policies.  The Boston OCR office, which has jurisdiction over Massachusetts school districts, has previously investigated and found compliance concerns with the website of a Massachusetts school district.  The Federal District Court in Massachusetts has refused to dismiss a complaint against Harvard University that it violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 by not having an accessible website.   

In November, 2015, this office issued an Education Client Alert concerning a new, electronic Restraint Reporting Form posted by the Department of Elementary and Secondary Education (“DESE”). On January 5, 2016, the Department updated it guidance and determined that public education program’s use of the Restraint Reporting Form will be optional. However, public education programs will still be required to annually submit all of the information reflected in the Restraint Reporting Form spreadsheet.

On November 16, 2015, the Department of Elementary and Secondary Education (DESE), in response to a novel situation from a virtual school, clarified the responsibility of a virtual school, for a student in the custody of the Department of Youth Services (DYS).

On approximately July 31, 2015, the Department of Elementary and Secondary Education (“DESE”) published additional guidance on the implementation of physical restraint and time-out under the revised regulations at 603 CMR 46.00 et seq. Although the revised regulations are not effective until January 1, 2016, DESE has indicated that schools are strongly encouraged to begin working towards implementation in the fall of the 2015-2016 school year.