Compendium Notebook of Massachusetts State Law

Jason McCabe
University of New England
School Law EDU 702
December 15, 2014

Module 1: Legal Framework

1. State educational statutes
The Constitution of the Commonwealth of Massachusetts serves as a declaration of the
rights of that states citizens. Massachusetts General Laws Part I, Section XII codifies the
educational law of that state. Its organization into twenty chapters may be summarized as
follows:
Chapter 69 outlines the powers and responsibilities of the Department of Elementary and
Secondary Education, specifying the makeup of its governing body and legislating a variety of
school laws, ranging from school-day lengths, nutritional standards for school food services,
truancy regulations, and teacher applications and qualifications.
Chapters 70, 70A, and 70B outline the regulations for state aid, including state contributions to
local public schools, grants, and school building assistance, measures which provide funding for
towns to update school infrastructure.
Chapters 71, 71A, and 71B outline a miscellany of public school laws, English as a second
language statutes, and special education regulations, respectively. The public school laws
include a diverse range of statutes, such as student tobacco use, teacher rights, student rights,
voluntary prayer procedures, transportation protocols, and regulations for varying types of
schools, including culinary schools and virtual schools. Chapter 71 is the largest of the
educational chapters with 94 sections.
Chapter 72 defines the regulations and timelines for the registration of students and for school
administrator registration of district filings.
Chapter 73, 74, and 74A describe the regulations for administering and running state and
community colleges, vocational schools, and technical and agricultural schools, respectively.
Chapter 75 describes the regulations for administering and running the University of
Massachusetts. Chapters 75A, 75B, 75C, and 75D have been repealed, as they once legislated
the running of state universities and schools that no longer exist or no longer fall under state
jurisdiction.
Chapter 76 details the rights and responsibilities governing student attendance and the
responsibilities of authorities in regulating student attendance. Chapter 77, which once detailed
school offenders and county training schools has been repealed.
Chapter 78 outlines the regulations for administering and running public libraries. Laws
governing the distribution of state aid to such institutions are also included. Chapter 78A, which
once detailed youth conservation and service corps, has been repealed.
2. State educational governance
Massachusetts governance of education is organized into four distinct and relatively
autonomous boards. Each board works with the Executive Office of Education, which, in turn, is
headed by the governor-appointed Secretary of Education, who holds a vote on each of the
aforementioned boards, and therefore might be considered the de facto head of education in
Massachusetts. The four state educational boards, each governing departments of the same
name, are as follows: the Board of Early Education and Care, which has ten members, each
serving by appointment of the Governor; the Board of Elementary and Secondary Education,
which has three members, a Chairperson, appointed by the Governor, a Vice-Chairperson,

elected by the Board, and a Secretary, the Commissioner of the Department of Elementary and
Secondary Education (this is the Department that is popularly referred to as the Department of
Education), who is nominated by the board and approved by the Secretary of Education; the
Board of Higher Education, which has 13 members, some of whom are appointed by the
Governor and some of whom are elected by the Board; and the UMass Board of Trustees, which
has a membership fluctuating between 12 and 24 persons, all of whom are currently appointed by
the Governor.
3. State court structure
The Massachusetts Court System is comprised of judges appointed by the Governor after
being approved by the Governors Council. The Massachusetts Trial Court is comprised of
seven different court departments, including the 14-division Family and Probate Court, Land
Court, the 11-division Juvenile Court, the 5-division Housing Court, the Boston Municipal
Court, which has jurisdiction over criminal cases with maximum sentences of five years and civil
cases with maximum fines of $25,000 in most of Suffolk County, the sixty-two division District
Court, which functions much the same as Boston Municipal Court, and the 14-division, countybased Superior Court, which has jurisdiction over most felonies and civil actions where the
amount in contention exceed $25,000. The Chief Justice of the Trial Court and the Court
Administrator oversee the seven departments, each of which is overseen by a Chief Justice. The
Massachusetts Appeals Court, which sits in panels of three justices, has jurisdiction over a few
state agencies and appellate jurisdiction over the Trial Court. The Massachusetts Supreme
Judicial Court is composed of a Chief Justice and six Associate Justices. It functions as
Massachusetts highest appellate court, it superintends the bar and the state judiciary, and advises
the state executive and legislative branches, upon request.
4. Federal appellate court
The Unites States Court of Appeals for the First Circuit serves as the appellate court of
the U.S. District Courts for the Districts of Maine, Massachusetts, New Hampshire, Puerto Rico,
and Rhode Island.
5. Case history of education-related legal control
In McDuffy vs. Sec. of the Executive Office of Education, the Massachusetts Supreme
Judicial Court issued its 1993 decision on a suit levelled on behalf of students in poor
communities, charging that the Commonwealth was violating the Massachusetts Constitution
educational clause by not adequately providing students the opportunity to receive an education
of sufficient quality. The Court decided in favor of McDuffy, explaining that the allocation of
school operations to the local level does not enable a state abdication of the adequacy
requirement; the Court left the responsibility of developing remedial measures to the legislative
and executive branches (Schneider, 2007).
In Hancock vs. Commissioner of Education, the Massachusetts Supreme Judicial Court
served as appellate court for a Superior Court decision in which the judge recommended that the
Supreme Judicial Court order the commissioner to review state spending and address the
inadequacies that emerged, inadequacies which Hancock was alleging were a state failure to

adequately address the reforms required by the McDuffy decision. The Supreme Judicial Court
found for the Commissioner of Education in 2005, stating that the wide-ranging reform measures
adopted in the interim ten years since McDuffy constituted the state performing its duties
(Schneider, 2007).
Module 2: Tort Liability
1. Corporal punishment, seclusion, and restraint statutes
Massachusetts General Laws Title XII, Chapter 71, Section 37G prohibits any school personnel
from inflicting corporal punishment on a student. It allows the use of physical force and restraint
by staff upon students in cases where a member of school staff is being assaulted, where another
student is being assaulted, where restraint training has occurred, and where use of such force or
restraint is immediately reported. According to 603 CMR46.00 (Code of Massachusetts
Regulations), seclusion, which is defined as isolating a student in a confined room or space
without access to school personnel, is prohibited.
2. Concussion statutes
Massachusetts General Laws Title XVI, Chapter 111, Section 222 requires that the education
department develop an interscholastic athletic head injury safety training program through the
Massachusetts Interscholastic Athletic Association. The program must include current training
methods for the recognition of concussion symptoms, a mechanism by which student athletes
and club members are educated about the concussion procedures, education about mandated
abstention periods for students who receive concussions, potential liabilities for schools that do
not adhere to those procedures, and indemnification against civil suits for athletics volunteers.
3. Bullying statutes
Massachusetts General Laws Title XII, Chapter 71, Section 370 prohibits bullying anywhere on
school grounds or at any location or through any media that creates a hostile environment for a
student at school. Further, it requires that schools create bullying prevention programs, student
education about bullying programs, and professional development programs to educate teachers.
Those programs must include, among other factors, definitions of bullying, ways to recognize
bullying, information on how to react to and report bullying, and ways to receive help and
counseling when being bullied. The law also requires that bullying be reported immediately by
school personnel and that certain individuals within school systems be designated as central to
the bullying prevention and reporting process.
4. Comparative vs. contributory negligence and immunity safeguards for school personnel
Massachusetts General Laws Chapter II, Chapter 231, Section 85 prevents contributory
negligence from barring recovery of damages for negligence that results in death, personal
injury, or property injury, if the negligence was less than the total amount of negligence
attributed to the party against whom recovery is being sought. In such cases, the plaintiffs
damages are diminished in relationship to the negligence ascribed to them as compared to the

total negligence of all parties against which recovery is being sought. Violation of laws and
regulations are held to serve as evidence of negligence. Furthermore, the statute abolishes the
defense of assumption of risk.
5. Case history of education-related torts
In Desmarais v. Wachusett Regional School District, 276 NE 2d 691 (1971), the Massachusetts
Supreme Judicial Court found that the Wachusett Regional School District was protected from a
negligence tortious action by governmental immunity. Mr. Desmarais, parent of a student at the
aforementioned school brought action against the district, claiming that a science teachers comic
attitude had created a comic precedent in class that led to a student conception that safety
goggles were not really necessary to wear. During an accidental chemical explosion, Mr.
Desmaraiss son was permanently injured, so his father sued, unsuccessfully, the school district.
Module 3: ChurchState
1. Moment of prayer or meditation statutes; religion in school statutes
Massachusetts General Laws Title XII, Chapter 71, Section 1A codifies that in all public schools
at the beginning of the first period of each day one minute of silence, during which no other
activities may be conducted, shall be reserved by the teacher for personal reflection.
Massachusetts General Laws Title XII, Chapter 71, Section 1B allows any school district to
permit students, who have been given parental permission to participate in voluntary prayer
before the beginning of each school session; further, it indemnifies such districts against funding
restrictions for allowing such prayers. Chapter 71, Section 1 permits absences for religious
observances and holidays and for religious education up to one hour per week, but it restricts the
allocation of public funds for such education or for transportation to such educational classes.
Chapter 76, Section 15, which requires a physicians certificate proving that immunizations have
been received prior to a student attending a public school, allows, in the absence of an
emergency or disease epidemic, students who do not present such a certificate to attend, if a
parent of such students provides a written statement acknowledging that such immunizations
conflict with his or her sincere religious beliefs. Chapter 71, Section 31 requires that a portion of
the Bible be read daily in public schools, absent comment; students for whom such readings
create a conscientious objection, may upon written acknowledgement from a parent be absented
from participation in such readings. Furthermore, schools are prohibited from purchasing texts
which favor any particular religious sect. Chapter 76, Section 5 further prohibits the
discrimination against any students based on, among other things, religion.
2. Tax vouchers for religious schools statutes; tax vouchers for other schools statutes
Tax vouchers for religious or private schools are not explicitly addressed as such in the
Massachusetts General Laws, but they are implicitly prohibited by the Constitution of the
Commonwealth of Massachusetts, Amendment Article XLVI, which allows for tax-raised funds
to be dispersed only to public schools.
3. Blaine Amendment status in Massachusetts

The Massachusetts State Constitution, Amendment Article XVIII states that no public funds
raised for public schools through taxation shall be appropriated to religious sects for the
exclusive maintenance of their own schools. However, this is superseded by Article XLVI,
Section 2, which adds a restriction against public loans being offered to religious institutions,
Article XCVI, which authorizes the Commonwealth to make loans to students attending any
college or university, and Article CIII, which modifies Article XLVI, Section 2 to allow for the
Commonwealth to make grants-in-aid to private higher educational institutions and their
students.
4. Circuit court or state court cases that contest church/state issues
In Bloom v. School Committee of Springfield, 379 NE 2d 578 (1978), the Massachusetts Supreme
Judicial Court ruled in favor of the plaintiff, who argued that the school committees funding of
textbooks for children in private schools violated the Establishment clause and the Constitution
of the Commonwealth, which prohibited such use of public funds. In 1981, in Commonwealth v.
School Committee of Springfield, 417 NE 2d 408, the same court ruled in favor of the plaintiff,
which accused the defendant of not allocating appropriate funds to cover the costs of special
education needs for students in private schools. The School Committee had argued that such
payments would violate the aforementioned Article XLVI, prohibiting public funding of private
or religious schools. In Doe v. Acton-Boxborough Regional School District (2013), the
Massachusetts Supreme Judicial Court upheld a lower court ruling in favor of the defense. The
plaintiff was unsuccessful in proving that reciting under God in the Pledge of Allegiance
resulted in the discrimination against their child, a student in Acton-Boxborough, or in the
violation of Commonwealth Law.

Module 4: Student Classification

1. Equity of opportunity in education, including school financing, statutes
Massachusetts General Laws Chapter 76, Section 5 prohibits students of a Commonwealth town
from being discriminated against, in terms of receiving an education, based on race, color, sex,
gender identity, religion, national origin, or sexual orientation; the only prohibition seems to be
based, as stated in Chapter 76, Section 5, on non-residency in the town of school attendance.
Massachusetts General Laws Title XII, Chapter 71, Section 37C prescribes as a policy of the
Commonwealth the encouragement of racial balancing in public schools, which may include the
selection of new school sites, the drawing of school attendance lines, and the establishing of
grade levels. In addition, Chapter 71, Section 370 establishes bullying-in-schools education and
prevention guidelines. Among these it is recognized that certain students, who are more
vulnerable to bullying, must be identified and educated about bullying prevention by districts.
The potential classifications of such students are stated as follows: actual or perceived
differentiating characteristics, including race, color, religion, ancestry, national origin, sex,
socioeconomic status, homelessness, academic status, gender identity or expression, physical
appearance, pregnant or parenting status, sexual orientation, mental, physical, developmental or
sensory disability or by association with a person who has or is perceived to have 1 or more of

these characteristics (M.G.L. Chapter 71, Section 370). Implicit in these designations are
attempts to create equal opportunity to educational access.
In terms of school financing, Massachusetts General Laws Chapter 70, created by the
Massachusetts Reform Act of 1993, attempts to create equity and adequacy in per student
funding for public schools by improving state funding abilities to cover district inequities that
arise, often times, out of disparities in local revenues. One of the stated objectives of the Act is
to correct racial imbalances in funding equity.
2. Statutes that provide guidelines for working with ESL children, illegal immigrants,
homeless children, gender, or other designated groups
Massachusetts General Laws Chapter 71A requires that all public schools in the Commonwealth
provide English education to their students. Such programs shall include testing to identify
student ELL (English Language Learner) needs, monitoring of progress, and the allocation of
funds to enhance community and familial English proficiency for ESL students. Furthermore,
603 CMR 14.00 establishes guidelines for the assignment of ELL students to certain classrooms,
for the requirements of English proficiency among teachers, and for the collection and reporting
of data about ESL student education and sheltered English immersion programs by districts.
603 CMR 17.00 establishes the guidelines, funding, and purposes for creating magnet schools to
correct racial imbalances in Commonwealth districts, but it does not provide specific guidelines
for dealing with students.
603 CMR 28.00 guarantees homeless children the right to attend their school of origin or a
school in the town in which they temporarily reside. The town of the school of origin is required
to cover educational costs until it is determined by the Department of Elementary and Secondary
Education that a state agency or the town of residence of the homeless child should be
responsible for such costs.
Though several private organizations mention that illegal immigrants are guaranteed access to
education in Massachusetts public schools, one newspaper even reporting that a principal
prohibited school personnel from asking about the age and legal status of several public school
applicants despite appearing to be in their thirties, no specific data with regard to immigrant
status was available among the laws. However, as mentioned above, town residency seems to be
the only statutory requirement for public school attendance.
3. Circuit court or state court cases involving desegregation or student classification issues
In School Committee of Boston v. Board of Education, 227 NE 2d 729 (1967), the Massachusetts
Supreme Judicial Court affirmed a lower court decision in favor of the defense, after the
plaintiffs alleged that the Racial Imbalance Act of 1965 (which had ordered Boston schools to
desegregate or lose state monies) was in violation of the 14th Amendment to the U.S.
Constitution and several Commonwealth Constitutional articles. Eventually, in order to uphold
the Racial Imbalance Act, Boston would come under control of the courts in a desegregation
order that would result in a controversial busing plan to promote racial equity.
In Comfort v. Lynn School Committee, 418 F. 3d 1 (2005), the U.S. First Circuit Court of
Appeals upheld the voluntary racial balancing plan of Lynn schools. The plaintiffs, a group of

parents, sued, alleging that the citys plan, which used race as a consideration in its school
transfer policies, was in violation of the Fourteenth Amendment. The court ruled for the defense,
stating that the towns plan to create diversity was not narrowly tailored.
4. Sexual orientation protections
As mentioned above, Chapter 76, Section 5 prohibits school attendance discrimination based on,
among other things, sexual orientation. 603 CMR 26.00 guarantees equal access to educational
opportunity for all students regardless of race, color, sex, gender identity, religion, national
origin, or sexual orientation; it goes into some detail describing the nature of gender identity.
Further, it outlines specific guidelines to remove educational impediments for students
designated by such classifications. These include, among others, prohibitions on guidance
counselors from presenting aforementioned classifications in a negative light with regard to
career choice, guarantees of equal access to extracurricular activities for all students, and the
creation of boards and systems of monitoring to ensure that equal access is being granted to all
students. Additionally, as stated above, under Chapter 71, Section 370, sexual orientation is
identified as a classification that might potentially be more vulnerable to bullying; therefore, it
and other classifications of students should be recognized by bullying prevention and monitoring
plans.
Module 5: Children with Exceptionalities
1. Statutes providing guidelines for working with children of exceptionality (including
gifted and talented, if applicable, and all disabilities as identified in state law)
Chapter 71B of the Massachusetts General Laws sets up the general state and district guidelines
for creating programs for working with children of special needs, including duties of teachers
and schools, transportation costs, the treatment of incarcerated students with disabilities, and
curriculum. 603 CMR 28.00 outlines special education guidelines in Massachusetts. It identifies
the role of the district in providing services, the processes for identifying and evaluating student
disabilities, the members of the IEP team, the process for developing an IEP, Least Restrictive
Environment specifications and placement guidelines, dispute and mediation guidelines, the
parental role in special education, and public, private, or residential special education program
approval. It also defines and describes the different disabilities covered, including autism,
developmental delay, intellectual impairment, sensory impairment, neurological impairment,
emotional impairment, communication impairment, physical impairment, health impairment, and
specific learning disabilities.
Massachusetts does not incorporate gifted and talented students as students requiring special
education services; students requiring such services are defined under Chapter 71B, Section 1 as
possessing a disability. The Department of Elementary and Secondary Education does, however,
have a Gifted and Talented Education Advisory Council which seeks to meet the needs of
students in that category.
2. Circuit court or state court cases that impact the structure and delivery of special
education

In 2005, in City of Salem v. Bureau of Special Education Appeals of the Department of

Education, 444 Mass. 476, the Supreme Judicial Court of Massachusetts upheld the Bureau of
Special Education Appeals authority in matters relating to funding disputes for student out-ofdistrict placements. In this case, the plaintiff sued, arguing that because the parents were
divorced and the mother, who lived in Salem, did not have custody, it should not have to pay.
The court found in favor of the defense, as it based its decision on state law requiring both
parents to pay regardless of custody.
3. HOUSSE standards for special education teachers
According to the Massachusetts Department of Elementary and Secondary Education, Title II-A
requires that if a Special Education teacher in a public school teaches a core academic subject
and is the lead teacher of those subjects for students with disabilities, he or she must meet the
same Highly Qualified (HQ) standards as all teachers by possessing a Massachusetts teaching
license in Special Education and demonstrating subject matter competency in whichever core
subjects he or she teaches. Subject matter competency may be demonstrated by passing the state
licensure test and by receiving National Board certification, by completing a degree, or by
completing a principal- or designee-approved Individual Professional Development Plan aligned
with HOUSSE requirements. Special Education teachers who do not instruct in a core academic
subject or who serve only in consultative roles to HQ teachers do not need to demonstrate HQ
status.
Module 6: Students Rights
1. Students rights statutes involving school attendance, online education, home schooling
oversight, charter schools, user fees, HIV confidentiality, health concerns with attendance,
student records, and school curriculum requirements
Compulsory school attendance (MGL, Chapter 76, Section 1) in Massachusetts is set by the
Board of Education to be between the ages of seven and sixteen, with exceptions existing for
students between the ages of fourteen and sixteen who hold certain types of work, co-op, or
family farm permits.
Online education (MGL, Chapter 71, Section 94) was recently addressed statutorily in a bill
designed to begin the process for planning a Massachusetts virtual school. Currently, this is just
in the planning stages. Internet safety policies (MGL, Chapter 71, Section 93) designed to
protect students from harmful online materials, must be created by school boards, disseminated
to parents of students, and implemented in schools.
Home schooling (MGL Chapter 76, Section 1), which falls under private schooling in
Massachusetts, will be approved by school boards provided that the education provided is as
thorough and efficient as the district public school and provided that sufficient progress is made
by the student. Approval for home schools may not be withheld because of religious education.
Charter schools (MGL Chapter 71, Section 89) may be and have been established in
Massachusetts. Charter schools are given five-year, renewable charters, increased educational

freedom, and increased oversight, all prescribed by the aforementioned law with the intent of
increasing educational opportunities, seeking unique and effective means of educating, and
enhancing performance-based programs. Any student may apply, but preference is given to
those students residing within the district in which the charter school is located.
User fees (MGL Chapter 71, Section 16C) for transportation are not explicitly addressed, but the
aforementioned legislation prescribes rules for state reimbursement to districts, which are limited
in receiving reimbursement when they receive payments from students. Such acknowledgement
suggests that user fees may be collected.
HIV confidentiality is not explicitly addressed, but MGL Chapter 111, Section 70 prohibits
health care providers, medical personnel, or medical facilities, including school medical
facilities, from distributing medical record information without the consent of students or
parents. This prohibition extends to disseminating medical information to other school
personnel.
Health requirements relating to attendance are such that a physicians certificate proving that
immunizations have been received prior to a student attending a public school are necessary,
excepting students who could verify that a physician had deemed such immunizations to be
hazardous to their health (MGL Chapter 76, Section 15). Similarly, as mentioned above, in the
absence of an emergency or disease epidemic, students who do not present such a certificate to
attend, if a parent of such students provides a written statement acknowledging that such
immunizations conflict with his or her sincere religious beliefs, will still be allowed to attend.
Student records (MGL Chapter 71, Section 34D), as regulated by the board of education, will be
maintained, duplicated, stored, and periodically destroyed. Parents or guardians are permitted
access to any such records.
School curriculum requirements (MGL Chapter 69, Section 1D) are defined by the Department
of Elementary and Secondary Education for kindergarten through 12th grade. The Department
will establish curriculum framework standards for the instruction of core subjects and for
instruction in principles of founding American documents, respect for diversity, bullying
prevention, and other civic awareness items
2. Students rights statues involving free speech, confidentiality of records, and dress code
Student free speech (MGL Chapter 71, Section 82), be it spoken, symbolic, written, or in
assembly, may only be limited in cases where it causes disruption or disorder within (secondary)
schools. School officials may not be held responsible for student speech in civil or criminal
proceedings.
Student record confidentiality is guaranteed by MGL Chapter 71, Section 34E, which specifies
that regardless of student age, school committees, upon request by a parent of a student, will
allow such parents to view the records of their children. Students age eighteen or older are
allowed access to all of their own records.

Student dress (MGL Chapter 71, Section 83) may only be abridged by school officials when they
violate reasonable standards of health, cleanliness, and safety.
3. School discipline statutes related to suspension, expulsion, truancy, search and seizure,
or zero tolerance
Suspension and expulsion policies must be developed by each district and disseminated in a
handbook to students. Expulsions, which may be reduced to suspensions at the discretion of the
principal, may be handed out for, among other offenses, student possession of weapons or illicit
substances, or for assault. Students may also be expelled for criminal convictions, and
emergency expulsions may be applied to students who pose immediate threats to others in the
school. Such students must be allowed an appeal, but they are not required to be accepted by
other schools.
Truancy specifications are not available, but MGL Chapter 76, Section 1 requires that school
districts enforce the attendance of all the students that reside within the district. This may
include the creation of student absence notification programs, assigning fines to parents who are
culpable in excessive student absences, and the hiring of supervisors of attendance, who may
apprehend and bring students to school.
Search and seizure regulations are not addressed in the Massachusetts General Laws, but the
Massachusetts Constitution, Article XVI protects all citizens from unreasonable search or
seizure.
The Department of Elementary and Secondary Education creates a commission on gay and
lesbian youth, one of the duties of which is the promotion of zero tolerance policies on the
harassment of gay and lesbian youth.
4. Circuit court or state court cases that involve student rights such as freedom of speech,
dress, and discipline, including search and seizure
In 1996, the Massachusetts Supreme Judicial Court found, in Pyle v. School Committee of South
Hadley, 423 Mass. 283, for the plaintiff, a high school student suing the school committee for a
dress code which he felt was in violation of his state and Constitutional First Amendment rights.
The plaintiff had worn a shirt to school that was deemed vulgar and the plaintiff was forced to
remove it. The court cited MGL Chapter 71, Section 82, which protects student speech (in dress)
as long as it does not cause a disruption. As the shirt worn by the plaintiff did not cause a
disruption, he won.
In 1992, the Massachusetts Supreme Judicial Court, in Commonwealth v. Snyder, 597 NE 2d
1363, ruled against the defendant. The defendant was a high school student whose locker was
searched. He was found to be in possession of marijuana and was subsequently brought to trial
by the Commonwealth. At trial, he argued that the search and seizure violated his Fourteenth
Amendment protections against search and seizure. Thought the court upheld the student
expectation of privacy with regard to his locker, it denied that the search was unreasonable or
that a Miranda warning was necessary.

Module 7: Teachers Substantive Rights

1. Tenure definitions and due process rights for non-tenure teachers
MGL Chapter 71, Section 42 enables a superintendents right and, under the authority thereof, a
principals right to dismiss a teacher. A teacher who has been teaching for at least 90 days must
receive notification of dismissal, including the reason for dismissal and documents relating to
dismissal, and such a teacher must be given at least ten days within which she may review the
reasons with the principal or superintendent; at such a meeting, she may be represented by a
lawyer or other designated representative. A teacher without professional status is deemed an
employee at will.
Teachers or other employees receive professional status (tenure) after three years of
employment, after at least one year of employment, or, if having received it in a previous district
and according to the principals discretion, upon coming to a new Commonwealth district (MGL
Chapter 71, Section 41). Teachers with professional status may only be dismissed for
inefficiency, incapacity, incompetency, unbecoming conduct, insubordination, or failure to
satisfy teacher performance standards. Teachers designated to be dismissed will be given at least
thirty days to review the grounds for dismissal with the dismissing administrator and arbitration
may be sought.
2. Whistle-blowing statutes
Whistle-blowers, individuals within an institution that report illicit activities or threats to public
health or safety, are protected under MGL Chapter 149, Section 185. Employers are prohibited
from taking retaliatory action against employees who refuse to participate in, who report, who
threaten to report, or who testify in court proceedings on any of the aforementioned illegal
activities. Employees are not required to report such infractions by employers, if they believe
that a superior knows of the infraction, if they have reported it to a public body, or if they
reasonably fear harm will be inflicted as a result of reporting. Further, such employees are
allowed the right to initiate civil proceedings against employers that violate such rights.
3. Textbook selection guidelines
Textbook purchases are to be conducted under the guidelines as set forth by the Uniform
Procurement Act (MGL Chapter 30B), which establishes the rules for all purchases. At the
discretion of the superintendent of a district, each school principal shall, at the expense of the
district, purchase all texts and necessary supplies to be loaned to students. Such supplies may
include traditional textbooks, visual apparatus, and materials necessary for participation in the
manual and domestic arts. Additionally, if a school committee allows, students may purchase
textbooks from the school (MGL Chapter 71, Section 49).
4. Child abuse and neglect statutes
The general regulations and definitions for mandated reporting of child neglect or abuse are
covered in MGL Chapter 119, Section 51A. Chapter 71, Section 37L establishes that towns will

inform school employees of their status and duties as mandated reporters. In general this
mandate requires that teachers inform an administrator or the designated personnel if they have
reasonable suspicion to believe that a child is being abused or neglected, that a child upon birth
has been made physically dependent on drugs, or that a child is being sexually exploited or
human trafficked. Teachers and other school mandated reporters may also report such suspicions
to law enforcement agencies.
5. Statutes that relate to protections against employee discrimination
Discrimination based on race, color, religious creed, national origin, ancestry, sexual orientation,
gender identity, genetic information, or sex is prohibited under MGL Chapter 151B. The statute
requires the creation of a commission to investigate matters related to such claims, establishes
policies for reporting such instances, for posting appropriate guidelines, for appeals, for
enforcement, and for the powers and duties of the commission, and establishes penalties for such
discriminatory practices and interference with the commission.
6. Circuit court or state court cases that involve teacher rights
In 1996, the Massachusetts Supreme Judicial Court, in Hosford v. School Committee of
Sandwich, 421 Mass. 708, found in favor of the plaintiff, a teacher. In a lesson with students
about word origins and definitions, students mentioned several vulgar or sexually explicit words,
which Hosford defined and explained the figurative and literal meanings of, reminding students
that if any other questions remained about such words, they should speak with an adult or consult
a dictionary. The school committee suspended Hosford, who did not have professional status,
for using what they believed to be poor judgment, and they did not renew her contract the
following year. She sued the committee, invoking academic freedom rights under the First
Amendment. The court, as mentioned, found in her favor, and recognized that the discipline and
refusal to rehire were predicated upon a violation of her Constitutional rights.
Module 8: Terms and Conditions of Employment
1. Licensure/certification requirements for teachers and administrators
Educator licensing regulations are denoted by MGL Chapter 71, Section 38G and 603 CMR
7.00. Multiple levels of licensure and renewal are available, including preliminary, initial,
professional, and temporary. The requirements for these are a bachelors degree, passing the
state licensure test, and sound moral character; a bachelors degree, passing the state licensure
test, completing an approved program, and sound moral character; three years of service under
an initial license, mentor training, and completion of a program or a masters degree; and at least
three years of service under a valid license in another state, passing of the state licensure test, and
sound moral character, respectively. Administrative licenses are also available; these have
similar requirements but, in addition, require practicum experience in an administrative capacity.
2. Hiring and appointment statutes

MGL Chapter 71, Section 38G denotes the requirements for licensure and eligibility, as
mentioned above, and, further, it denotes that all individuals seeking employment as teachers in
Commonwealth schools must first obtain the appropriate licensing, which, again, has been
covered above. If a districts search for appropriately licensed educators is ineffective, districts
may apply for a waiver with the Department of Elementary and Secondary Education (DESE). If
approved, the district may hire teachers not appropriately licensed for a temporary period. In
order to appropriately protection children within public schools, DESE recommends that districts
require applicants to complete an application with references and past places of employment, that
districts engage in thorough checks of such references, and that districts confirm appropriate
licensure status. In addition, MGL Chapter 71, Section 38R requires that all hiring districts
conduct criminal background checks (CORI checks, which are valid only for crimes committed
in Massachusetts) and fingerprinting, the cost of which shall be paid by the applicant, on all
applicants who will be working with or around minors.
3. Cause for teacher termination
As mentioned above, MGL Chapter 71, Section 42 enables a superintendents right and, under
the authority thereof, a principals right to dismiss a teacher. A teacher who has been teaching
for at least 90 days must receive notification of dismissal. A teacher without professional status
is deemed an employee at will; he or she may be dismissed for any reason that does not violate
federal or Commonwealth statutes or precedent. Teachers with professional status may only be
dismissed for inefficiency, incapacity, incompetency, unbecoming conduct, insubordination, or
failure to satisfy teacher performance standards.
4. Personnel evaluation and record-keeping
MGL Chapter 71, Section 38 establishes that superintendents of districts will be responsible for
evaluating educators based on the implementation of some form of the evaluation standards set
forth by the Board of Education, which include, among other things, formal evaluation rubrics.
The requirements of the evaluation instruments are developed by the aforementioned Board, but
the procedures for conducting such evaluations are subject to collective bargaining agreements.
Such evaluations are intended to promote and recognize excellence in teaching or to enable the
dismissal of teachers who do not meet the standards commensurate with their positions. Nonprofessional status teachers must be evaluated every year and professional status teachers must
be evaluated at least once every two years.
According to MGL Chapter 149, Section 52C, employers are required to keep employee records,
which must not be destroyed for at least three years after the employee ceases to work for that
employer. Within ten days, an employer must notify an employee of the placement of any
information into the employees record which may prove harmful to promotion or transfer or
which may result in disciplinary measures. The employee must be given a chance to respond to
or refute the information, and the two parties must come to an agreement about the record. If no
such agreement may be reached, an explanation attesting to such must be submitted into the
employees file. In addition, MGL Chapter 47, Section 42C requires that school officials
keeping employee records must, upon written request, permit teachers to view and make copies
of their own records.

5. Union and collective bargaining regulations, including delineation of the powers of

teachers unions, time-frame for processes, and what can and cannot be negotiated
MGL Chapter 150E governs labor relations in the Commonwealth. All collective bargaining
rights are held to be retained by teacher unions, including the right to self-organize. Duties
beyond those statutorily prescribed, wages, hours, and other terms of employment, excepting
health care may be negotiated by unions. Furthermore, a commission will be established to
determine the rules and regulations governing bargaining procedures. Any collective school
bargaining agreements in the Commonwealth may not exceed a term of three years.
References
M.G.L. Chapter 71, Section 370 (2010).
Schneider, R. E. (2007). Education Laws and Regulations. The state constitutional mandate for
education: the McDuffy and Hancock decisions. Retrieved from
http://www.doe.mass.edu/lawsregs/litigation/mcduffy_hancock.html
Statement of Academic Honesty: I have read and understand that plagiarism policy as outlined in the
Student Plagiarism and Academic Misconduct document relating to the Honesty/Cheating Policy. By
attaching this statement to the title page of my paper, I certify that the work submitted is my original
work developed specifically for this course and to the MSED program. If it is found that cheating
and/or plagiarism did take place in the writing of this paper, I acknowledge the possible consequences
of the act/s, which could include expulsion from the University of New England.