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Governor Signs PROTECT Act into Law
On August 5, 2026, Governor Maura Healey signed into law Chapter 163 of the Acts of 2026, An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment, commonly referred to as the PROTECT Act. This law was passed as an “emergency law” and attempts to regulate the actions of certain civil law enforcement agents in the Commonwealth of Massachusetts, including the access of agents to public schools.
Department of Education Rescinds Disparate-Impact Provisions of Title VI Regulations
On July 24, 2026, the United States Department of Education (“DOE”) amended its regulations implementing Title VI of the Civil Rights Act of 1964, specifically to eliminate disparate-impact liability. Title VI states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” This was primarily targeted towards education, and Title VI also requires federal agencies like the DOE to issue regulations to implement its goals.
Haiti Temporary Protected Status (TPS) Ends
The termination of Haiti’s Temporary Protected Status (TPS) designation is now effective as of July 27, 2026. Employers with employees who previously held work authorization through Haiti TPS should review their employment eligibility records and ensure compliance with federal employment verification requirements.
Under the Immigration Reform and Control Act of 1986 (IRCA), it is unlawful for an employer to knowingly hire or continue to employ an individual who is not authorized to work in the United States. Employers are required to complete Form I-9, Employment Eligibility Verification, for every employee to verify identity and work authorization. Where an employee’s work authorization is temporary, employers must timely reverify employment authorization before it expires.
Governor Issues Guidance for Education Entities on Interacting with Federal Immigration Officials
On May 28, 2026, in response to direction from the Governor, the Executive Office of Education announced new Guidance (“the Guidance”) concerning how “Education Entities,” (any entity, public or private, that provides child care, K-12 education, postsecondary education, or adult education to the public) should interact with federal immigration officers. The Guidance offers practical advice and resources for Education Entities on how to ensure the safety and security of their community.
The Guidance recommends that Education Entities develop written procedures for interacting with federal immigration officers who may arrive at school unexpectedly. Specifically, Education Entities are advised to create an escalation protocol to ensure staff immediately contact the highest-ranking administrator on site (a “Designated Administrator”), who in turn may contact the Education Entity’s attorney as needed. The officer(s) may be asked to wait outside during this process. Staff may also wish to document their interactions with the officers. The escalation protocol should also include a way to contact a child’s parents if the officer(s) are seeking information about a student.
Murphy, Hesse, Toomey & Lehane, LLP Partners Nominated as 2026 Super Lawyers
Partners Katherine Hesse, Mary Ellen Sowyrda, and Peter Mello were recognized as Massachusetts’ 2026 Super Lawyers by Massachusetts Super Lawyer Magazine. Attorney Hesse was acknowledged for her proficiency in Employment & Labor law, Attorney Sowyrda was...
Murphy, Hesse, Toomey & Lehane, LLP Present Their 2026 Annual Employment & Labor Law Update
On April 30, 2026, Murphy, Hesse, Toomey & Lehane, LLP hosted their Annual Employment & Labor Law Update, in collaboration with the South Shore Chamber of Commerce, Neponset River Regional Chamber of Commerce, Quincy Chamber of Commerce, and the Metro...
Murphy, Hesse, Toomey & Lehane, LLP’s 2026 Rising Stars
Murphy, Hesse, Toomey & Lehane, LLP would like to congratulate Joseph Proctor and Madison Harris-Parks for being recognized as Massachusetts’ 2026 Rising Stars by Massachusetts Super Lawyers Magazine. Attorneys Proctor and Harris-Parks were among the top...
Practical Actions to Promote Good Governance and Reduce Risk: A Primer for For-Profit and Non-Profit Companies/Clients of Any Size
The widespread coverage of governance issues in the media, including coverage of the recent saga of the Croft School, here in New England, (see, for example, “As Croft School collapses, one question remains: Where was the board?” https://www.bostonglobe.com/2026/04/08/business/croft-school-board-members/), provides the opportunity to focus our minds on the issue of Governance.
What are the critical issues in this instance? How is it playing out publicly? How are the leaders and stakeholders responding? What are the lessons to be readily learned (and re-learned)? And, most important for the existing stakeholders, what steps might have been taken, or still may be taken, to develop a resolution that may serve as an effective remedy with or without civil or regulatory action.
District of Massachusetts Issues Decision on Curriculum Opt-Outs
On December 30, 2025, the United States District Court for the District of Massachusetts (the “Court”) issued a preliminary injunction in Alan L. v. Lexington Public Schools. The Court granted a parent’s request to opt his kindergarten student out of instruction that includes books with LGBTQ+ themes and “that depict or describe LGBTQ+ characters, relationships, or activities, or LGBTQ+ political or social advocacy.”
The Parent originally requested to opt out the child “from ANY DEI curriculum” in addition to excusing him from health class. Lexington and the Parent then had some back-and-forth communication, and the Parent asked for his child to be exempted “from lessons, events, school assemblies or other instructional activities and programs which cover issues of sexual orientation or gender identity, pursuant to the U.S. Supreme Court’s decision in Mahmoud v. Taylor.” Lexington rejected the request outlining that it did not identify the specific required curriculum or instructional material at issue and was too overbroad. Lexington asked the Parent to identify the specific lessons and materials of the opt-out.
Open Meeting Law Meeting Minutes Refresher
The Open Meeting Law (the “OML”) was enacted “to eliminate much of the secrecy surrounding deliberations and decisions on which public policy is based.” Ghiglione v. School Committee of Southbridge, 376 Mass. 70, 72 (1978). The OML requires that minutes of public body meetings be drafted, approved, and maintained.
Guidelines for creating and approving meeting minutes are set forth below. Additional guidance can be found in the Open Meeting Law Guide issued by the Massachusetts Office of the Attorney General’s Division of Open Government. The Division of Open Government office is also sometimes referred to as the “DOG”. The DOG has also issued a Public Body Checklist for Creating and Approving Minutes. https://www.mass.gov/doc/110624-oml-minutes-checklist/download
Governor Signs PROTECT Act into Law
On August 5, 2026, Governor Maura Healey signed into law Chapter 163 of the Acts of 2026, An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment, commonly referred to as the PROTECT Act. This law was passed as an “emergency law” and attempts to regulate the actions of certain civil law enforcement agents in the Commonwealth of Massachusetts, including the access of agents to public schools.
Governor Signs PROTECT Act into Law
On August 5, 2026, Governor Maura Healey signed into law Chapter 163 of the Acts of 2026, An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment, commonly referred to as the PROTECT Act. This law was passed as an “emergency law” and attempts to regulate the actions of certain civil law enforcement agents in the Commonwealth of Massachusetts, including the access of agents to public schools.
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