News

On June 27, 2025, the United States Supreme Court (the “Court”) issued a decision in Mahmoud v. Taylor allowing a religiously diverse group of Maryland parents to opt their elementary-school age children out of instruction that includes books with LGBTQ+ themes.

The Montgomery County Board of Education (“Board”) of Montgomery County Public Schools (“MCPS”) approved over 22 LGBTQ+ inclusive texts in October 2022 as part of its English Language Arts Curriculum. Initially, parents were able to receive notice and opt their children out of lessons involving these books, but the Board reversed this policy in March 2023 due to high student absenteeism, the logistical difficulty of managing opt-out requests, and the potential stigmatization of the individuals represented in the books. As a result, several parents sued the Board, arguing that requiring elementary-aged children to participate in lessons contrary to their parent’s religious beliefs violated, among other things, the Free Exercise Clause of the First Amendment of the Constitution. The parents sought a preliminary injunction to require the Board to provide notice and the ability to opt-out.

On June 24, 2025, the Department of Elementary and Secondary Education (DESE) unanimously approved updated regulations regarding the use of time-out in schools. The regulation changes were a result of input from the public (DESE invited public comment from March 25 through May 2, 2025) as well as a DESE stakeholder working group.

The use of time-outs is a behavioral support strategy and is used in schools to assist students with calming techniques and may include the use of specific rooms as a calming space. The recent changes update the definition of seclusion and time-out, add requirements to any room or area that is to be used for a time-out space, and add emergency criteria and safeguards under which a form of seclusion may be used.

On January 21, 2025, the Acting Secretary of the Department of Homeland Security (“DHS”), which oversees U.S. Immigration and Customs Enforcement (“ICE”), issued a directive withdrawing the previous DHS policy limiting immigration enforcement activities at “sensitive locations,” including schools.

This change in DHS protocol, as well as the media coverage surrounding this issue, has created confusion for school administration and fear for impacted families and communities. We are offering legal guidance on this issue and are monitoring the situation for daily updates.

In November 2024, Massachusetts voters passed Question 2 on the statewide ballot in a 59.1% to 40.9% vote. This client alert details (1) high school graduation requirements before the passage of Question 2; (2) high school graduation requirements after the passage of Question 2; and (3) options for districts to certify coursework that satisfies the new competency determination.

(1) Before Question 2

Before the passage of Question 2, high school students needed to satisfy any local district requirements as well as the “competency determination” (“CD”) in G.L. c. 69, § 1D(i) to graduate. G.L. c. 69, § 1D(i) defined the criteria for satisfying the CD as passing the Grade Ten Massachusetts Comprehensive Assessment System (“MCAS”) exams. Accordingly, a student who passed their Grade Ten MCAS exams and met local district requirements had met all high school graduation requirements.

On January 10, 2025, the United States District Court located in the Eastern Division of Kentucky set aside the Title IX regulations promulgated by the Biden Administration in August 2024 (“The 2024 Final Rule”) in the decision State of Tennessee v. Miguel Cardona et al. (“The Decision”). The federal court judge Danny C. Reeves sided with four states (Tennessee, Kentucky, Virgina, Indiana, West Virgina) who sued the Department of Education asking the court to vacate the 2024 Final Rule, and to enjoin Secretary Miguel Cardona, the Department of Education, and other federal officials from enforcing the 2024 Final Rule. The federal court issued a vacatur setting aside the entire 2024 Final Rule declaring that the Department of Education exceeded its authority under Title IX and violated the Constitution of the United States.