SCHOOL ATTENDANCE

M.G.L. pt. Part I, tit. Title XII, ch. c. 76

in effect

M.G.L. c. 76, § 1 Requirements and exceptions

c. 76, § 1. Requirements and exceptions Section 1. Every child between the minimum and maximum ages established for school attendance by the board of education shall, subject to section fifteen, attend a public day school in the town the student resides, or some other day school approved by the school committee, during the number of days required by the board of education in each school year, unless the child attends school in another town, for said number of days, under sections six to twelve, inclusive, or attends an experimental school project established under an experimental school plan, as provided in section one G of chapter fifteen, but such attendance shall not be required of a child whose physical or mental condition is such as to render attendance inexpedient or impracticable subject to the provisions of section three of chapter seventy-one B or of a child granted an employment permit by the superintendent of schools when such superintendent determines that the welfare of such child will be better served through the granting of such permit, or of a child who is being otherwise instructed in a manner approved in advance by the superintendent or the school committee. The superintendent of schools may transfer to any specialized type of school on a full-time basis any child who possesses the educational qualifications enumerated in this section and in the opinion of the superintendent would be benefited by such transfer. The superintendent, or teachers in so far as authorized by him or by the school committee, may excuse cases of necessary absence for other causes not exceeding seven day sessions or fourteen half day sessions in any period of six months. Absences may also be permitted for religious education at such times as the school committee may establish; provided, that no public funds shall be appropriated or expended for such education or for transportation incidental thereto; and provided, further, that such time shall be no more than one hour each week. For the purposes of this section, school committees shall approve a private school when satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town; but shall not withhold such approval on account of religious teaching, and, in order to protect children from the hazards of traffic and promote their safety, cities and towns may appropriate money for conveying pupils to and from any schools approved under this section. Except as herein provided, pupils who attend approved private schools of elementary and high school grades shall be entitled to the same rights and privileges as to transportation to and from school as are provided by law for pupils of public schools and shall not be denied such transportation because their attendance is in a school which is conducted under religious auspices or includes religious instruction in its curriculum. Each school committee shall provide transportation for any pupil attending such an approved private school within the boundaries of the school district, provided, however, that the distance between said pupil's residence and the private school said pupil attends exceeds two miles or such other minimum distance as may be established by the school committee for transportation of public school students. Any school committee which is required by law to transport any pupil attending an approved private school beyond the boundaries of the school district shall not be required to do so further than the distance from the residence of such pupil to the public school he is entitled to attend. The school committee of each town shall provide for and enforce the school attendance of all children actually residing therein in accordance herewith.

M.G.L. c. 76, § 1A Pupil absence notification programs

c. 76, § 1A. Pupil absence notification programs Section 1A. Upon the acceptance of this section by the local legislative body of a city or town, or by a majority vote of two-thirds of the member communities of a regional school district, the school committee of a city, town or regional school district shall establish a pupil absence notification program in all schools under its control. Said program may be developed with the assistance of the department of education. The parents or guardians of each pupil shall, annually, at the commencement of each school year, be sent a notice instructing them to call a designated telephone number at a designated time to inform the school of the absence of a pupil and the reason therefor. Said notice shall also require such parent or guardian to furnish the school with a home, work or other emergency telephone number where they can be contacted during the school day. If a pupil is absent and the school has not been notified by the designated time, the school shall call the telephone number or numbers furnished to inquire about said absence.

M.G.L. c. 76, § 1B Pupil absence notification program

c. 76, § 1B. Pupil absence notification program Section 1B. The school committee of each city, town or regional school district shall have a pupil absence notification program in each of its schools. The program shall be designed to ensure that each school notifies a parent or guardian of the child's absence if the school has not received notification of the absence from the parent or guardian within 3 days of the absence. Each school committee shall have a policy of notifying the parent or guardian of a student who has at least 5 days in which the student has missed 2 or more periods unexcused in a school year or who has missed 5 or more school days unexcused in a school year. The notification policy shall require that the school principal or headmaster, or a designee, make a reasonable effort to meet with the parent or guardian of a student who has 5 or more unexcused absences to develop action steps for student attendance. The action steps shall be developed jointly and agreed upon by the school principal or headmaster, or a designee, the student and the student's parent or guardian and with input from other relevant school personnel and officials from relevant public safety, health and human service, housing and nonprofit agencies.

M.G.L. c. 76, § 2 Duties of parents; penalty

c. 76, § 2. Duties of parents; penalty Section 2. Every person in control of a child described in section one shall cause him to attend school as therein required, and, if he fails so to do for seven day sessions or fourteen half day sessions within any period of six months, he shall, on complaint by a supervisor of attendance, be punished by a fine of not more than twenty dollars. No physical or mental condition capable of correction, or rendering the child a fit subject for special instruction at public charge in institutions other than public day schools, shall avail as a defence unless it appears that the defendant has employed all reasonable measures for the correction of the condition and the suitable instruction of the child. The Boston juvenile court shall have jurisdiction within the territorial limits described in section fifty-seven of chapter two hundred and eighteen of complaints hereunder. The Worcester juvenile court shall have jurisdiction, concurrent with the central district court of Worcester, of complaints hereunder. The Springfield juvenile court shall have jurisdiction, concurrent with the district court of Springfield, of complaints hereunder. The Bristol county juvenile court shall have jurisdiction, concurrent with all of the district courts of Bristol county, of complaints hereunder, and the presiding judge of said court shall establish hearing dates on a circuit basis to be held in such respective courts. Complaints hereunder brought in other district courts shall be heard in the juvenile sessions thereof.

M.G.L. c. 76, § 2A Attendance of deaf children; penalty

c. 76, § 2A. Attendance of deaf children; penalty Section 2A. Every person in control of a deaf child between seven and eighteen shall cause such child to attend some suitable school, approved by the department, where the deaf are taught speech and speech reading; provided, that this section shall not apply to such a child whose mental condition or whose physical condition in other respects than deafness is such as to render such attendance inexpedient or impractical or who is being given private instruction, approved by the department, during the time the public schools are in session. Failure for one month during any school year by any person in control of such a child to cause his attendance as aforesaid shall, on complaint by a supervisor of attendance, be punished by a fine of not more than twenty dollars.

M.G.L. c. 76, § 3 Attendance of illiterate minors; penalties

c. 76, § 3. Attendance of illiterate minors; penalties Section 3. Every minor between sixteen and eighteen who does not meet the requirements for the completion of the sixth grade of the public schools of the town where the minor resides shall, except as otherwise provided herein, attend some public evening school, if any, in the town of the minor's residence, for the whole time during which the public evening schools are in session, unless the minor attends a public day school, or a private school approved as provided in section one by the school committee, or unless the minor's physical or mental condition is such as to render the minor's attendance harmful or impractical. Any such minor may, with the consent of the school committee of the town in which the minor resides, attend a public evening school in the town where the minor is employed, upon such terms as may be agreed upon by the school committees of such towns. Wilful violations of this section by such a minor shall be punished by a fine of not less than five dollars; failure for six sessions within a period of one month by any person in control of such a minor to cause the minor's attendance shall, on complaint by a supervisor of attendance, be punished by a fine of not more than twenty dollars.

M.G.L. c. 76, § 4 Inducing absences; penalty

c. 76, § 4. Inducing absences; penalty Section 4. Whoever induces or attempts to induce a minor to absent himself unlawfully from school, or unlawfully employs him or harbors a minor who, while school is in session, is absent unlawfully therefrom, shall be punished by a fine of not more than two hundred dollars.

M.G.L. c. 76, § 5 Place of attendance; violations; discrimination

c. 76, § 5. Place of attendance; violations; discrimination [ Text of section effective until August 5, 2025. For text effective August 5, 2025, see below.] Section 5. Every person shall have a right to attend the public schools of the town where he actually resides, subject to the following section. No school committee is required to enroll a person who does not actually reside in the town unless said enrollment is authorized by law or by the school committee. Any person who violates or assists in the violation of this provision may be required to remit full restitution to the town of the improperly-attended public schools. No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation. Chapter 76: Section 5. Place of attendance; violations; discrimination [ Text of section as amended by 2025, 14, Sec. 31 effective August 5, 2025. For text effective until August 5, 2025, see above.] Section 5. Every person shall have a right to attend the public schools of the town where he actually resides, subject to the following section. No school committee is required to enroll a person who does not actually reside in the town unless said enrollment is authorized by law or by the school committee. Any person who violates or assists in the violation of this provision may be required to remit full restitution to the town of the improperly-attended public schools. No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin, immigration or citizenship status, disability or sexual orientation.

M.G.L. c. 76, § 6 Payment of tuition for non-resident children

c. 76, § 6. Payment of tuition for non-resident children Section 6. If a child resides temporarily in a town other than the legal residence of his parent or guardian for the special purpose of their attending school, the child may attend school with the authorization of the school committee of said town, and the said town may recover tuition from the parent or guardian, unless under section twelve of chapter seventy-six, such tuition is payable by a town. Tuition payable by the parent or guardian shall, for the period of attendance, be computed at the regular rate established by the school committee for non-resident pupils, but in no case exceeding the average expense per pupil in such school for said period. The school committee of the town in which a child is temporarily residing for the special purpose of their attending school may waive all or part of the tuition charge for such child.

M.G.L. c. 76, § 7 Tuition; children under control of department of children and families; foster care; reimbursement

c. 76, § 7. Tuition; children under control of department of children and families; foster care; reimbursement Section 7. For the tuition in the public schools of any city, town, or regional school district of any school age child placed in foster care or group care elsewhere than in his home town by, or there kept under the control of, the department of children and families, the commonwealth shall fully reimburse said city, town, or regional school district for the child's tuition each day the child is enrolled in a public elementary or secondary school. The amount of said reimbursement shall be based on the average annual per pupil cost of education in the city, town, or regional school district, as determined by the department of education. For purposes of reimbursement under this section, every superintendent of schools shall, as part of the annual statement required to be filed with the commissioner of education under chapter seventy, report on a form provided by the department of education the number of school age children placed in foster care or group care in the city, town or regional school district by the department of children and families and the duration of their public school enrollment there, and shall support each such claim with appropriate documentation as required by the commissioner of education. The names and addresses of foster children enrolled in a school system and the designation of a student as a foster child or ward of the commonwealth shall be confidential and shall not be disclosed by any employee of the commonwealth or of any political subdivision thereof, except for the purpose of reporting to the commissioner of education pursuant to this section.

M.G.L. c. 76, § 9 High school tuition of children under control of department of public welfare, etc.

c. 76, § 9. High school tuition of children under control of department of public welfare, etc. Section 9. If a city or town where a school age child is placed or kept under section seven does not maintain a public high school offering four years of instruction, said school age child may, subject to section six of chapter seventy-one, attend the public high school of another city, town or regional school district, but the commonwealth shall under section seven reimburse the city or town where he is so placed or kept, for tuition paid by it on his account. Said reimbursement shall be based on appropriate documentation filed by the superintendent of schools of said city or town, as required by the commissioner of education.

M.G.L. c. 76, § 10 Settlements of accounts between towns and department of public welfare, etc.

c. 76, § 10. Settlements of accounts between towns and department of public welfare, etc. Section 10. Settlements of the accounts of the several towns under the three preceding sections with the commonwealth and with Boston shall be made annually on July first, and the amounts found due shall be paid within three months thereafter.

M.G.L. c. 76, § 11 Tuition of children in institutions

c. 76, § 11. Tuition of children in institutions Section 11. Any city, town or regional school district which provides instruction to any child who is a resident of an institution and who was not theretofore a resident of such city, town or regional school district may recover from the commonwealth the school expense incurred by reason of the school attendance of such child to be determined jointly by the school committee of such city, town or regional school district and the department of education or, in case of their disagreement, by the probate court. The amount recoverable by a city, town or regional school district under this section shall be limited to the annual per pupil cost of education as determined under section seven; provided, however, that any amount expended in excess of said annual per pupil expenditure in said city, town or regional school district shall be recoverable under the provisions of sections two and three of chapter seventy.

M.G.L. c. 76, § 12 Attendance outside place of residence

c. 76, § 12. Attendance outside place of residence Section 12. Any child, with the consent of the school committee of the town where he resides, may attend, at the expense of said town, the public schools of another town, upon such terms as may be fixed by the two committees.

M.G.L. c. 76, § 12A Plan for attendance in public school to eliminate racial imbalance; adoption; financial and technical assistance

c. 76, § 12A. Plan for attendance in public school to eliminate racial imbalance; adoption; financial and technical assistance Section 12A. The school committee of any city or town or any regional district school committee may adopt a plan for attendance at its schools by any child who resides in another city, town, or regional school district in which racial imbalance, as defined in section thirty-seven D of chapter seventy-one, exists in a public school. Such plan shall tend to eliminate such racial imbalance, shall be consistent with the purposes of said section thirty-seven D, and shall include an estimate of the expenses necessary to implement such plan. Such school committee or regional district school committee shall file a copy of such plan and the vote by which it was adopted with the board of education, in this section called the board. The board shall approve or disapprove such plan within ninety days after the date of such filing. If it disapproves such plan, it shall state the reasons therefor. If it approves such plan, the board, acting through the commissioner of education and on behalf of the commonwealth, shall enter into an agreement with such school committee or regional district school committee providing that such school committee or regional district school committee shall accept for attendance at its schools non-resident children as provided by such plan and that the commonwealth shall provide financial assistance to such city, town, or regional district school committee as provided by this section; provided, however, that such agreement may provide that such school committee or regional district school committee waives all or any part of such financial assistance. No such school committee or regional district school committee shall be required to implement any such plan unless and until it and the board have entered into such an agreement providing for the amount of financial assistance and the terms on which such assistance shall be provided. Any child residing in any city, town, or regional school district and attending therein a public school in which such racial imbalance exists may attend a public school or a publicly authorized non-sectarian school in a city, town, or regional school district in which he does not reside if the school committee of such city or town or the committee of such regional school district has adopted and the board has approved, as provided by this section, a plan for the attendance of such non-resident children therein. The commonwealth shall, subject to appropriation and upon certification by the board, provide financial assistance in accordance with such agreement. Such financial assistance shall include payments for: (i) the cost per pupil of educating each non-resident child, as approved by the board; (ii) the cost of transportation of each such child, as approved by the board; and (iii) the cost, as approved by the board, of special education services provided to each such child determined to be in need of such services pursuant to chapter seventy-one B. The board shall, by regulation, define the special education costs eligible for such financial assistance. The board shall provide technical and other assistance to any city, town, or regional school district in the formulation and implementation of any such plan. A school committee, regional district school committee, or the board may accept, for the purpose of implementing any such plan, gifts, grants, or contributions from any source, whether public or private. Any gift, grant, or contribution so accepted by a school committee of a city or town or a regional district school committee for such purpose shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and may be expended without further appropriation, notwithstanding the provisions of section fifty-three of chapter forty-four.

M.G.L. c. 76, § 12B Definitions; attendance of school other than in city or town of residence of child; reports; tuition; parent information system; transportation reimbursement program; funding

c. 76, § 12B. Definitions; attendance of school other than in city or town of residence of child; reports; tuition; parent information system; transportation reimbursement program; funding Section 12B. (a) As used in this section, the following terms shall have the following meanings: ''Above foundation reimbursement amount'', (i) for fiscal year nineteen hundred and ninety-four, fifty percent of the net losses due to the provisions of this section; provided, however, that if the amount lost by said district pursuant to subsection (f) is greater than two percent of the total school budget of said district, the amount of said reimbursement shall be equal to seventy-five percent of the net losses due to the provisions of this section; (ii) beginning in fiscal year nineteen hundred and ninety-five, twenty-five percent of the net losses due to the provisions of this section. ''Receiving district'', any city, town or regional school district within the commonwealth in which a child does not reside, but in which that child attends public school under the provisions of this section. ''Sending district'', any city, town or regional school district within the commonwealth in which a child resides, but in which that child does not attend public school under the provisions of this section. ''State school choice limit'', in fiscal year nineteen hundred and ninety-four, one percent of the total number of students attending public schools in the commonwealth; in fiscal year nineteen hundred and ninety-five, one and one-half percent of the total number of students attending public schools in the commonwealth; in fiscal year nineteen hundred and ninety-six, one and three-quarters percent of the total number of students attending public schools in the commonwealth; in fiscal year nineteen hundred and ninety-seven and thereafter, two percent of the total number of students attending public schools in the commonwealth; provided, however, that students enrolled under the program for the elimination of racial imbalance as provided in section twelve A shall not be counted toward these limits. (b) Notwithstanding the provisions of section twelve, or any other special or general law to the contrary, any child may attend a public school, in a city or town where he does not reside; provided, however, that the receiving district shall be paid by the commonwealth a tuition rate as established in subsection (f). (c) Not later than May first of every year, the school committee of each city, town or regional school district shall submit a report to the department stating: (1) The capacity of each school in said city, town or regional school district for the following academic year. (2) The number of students expected to attend each school in said city, town or regional school district in the following academic year. (3) The number of students attending said school district under the terms of this section in the prior school year and the number of those students who are expected no longer to be attending said school district in the next school year. (4) The number of additional seats therefore available to non-resident students reduced by the number of students enrolled under the program for the elimination of racial imbalance as provided in section twelve A, in said charter school or each school in said city, town or regional school district. The board may require every district to update this report in whatever manner is required to effectuate the objectives of this section. (d) Each city, town or regional school district shall enroll non-resident students at the school of such non-resident student's choice; provided, however, that such receiving district has seats available as stated in said report; provided, however, that this obligation to enroll non-resident students shall not apply to a district for a school year in which its school committee, prior to June first, after a public hearing, adopts a resolution withdrawing from said obligation, for the school year beginning the following September. Any such resolution of a school committee shall state the reasons therefor, and such resolution with said reasons shall be filed with the department of education; provided, however, that said department shall have no power to review any such decision by a school committee. If the city, town or regional school district operates an intra-district choice plan, non-resident students may apply for schools on the same basis as resident students, but the intra-district choice plan may give preference to resident students in assigning students to schools. (e) Not later than the first day of July, each city, town or regional school district shall each year submit a non-resident attendance report to the board and to the state treasurer, certifying the number of non-resident applicants for each available seat in each school, the disposition of their applications, how many of said applicants will be attending the district in the next school year, the identity of the sending districts for those students, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence. The board may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of this section and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district. In addition to the foregoing, all said districts shall, on October first and April first, report to the board and certify to the state treasurer accurate and up to date reports of all the information required in the non-resident attendance report. If the total number of students admitted to receiving districts pursuant to this section is greater than the state school choice limit, the board shall notify all districts that no more students may be accepted pursuant to this section. (f) For each student enrolling in a receiving district, there shall be a school choice tuition amount. Said tuition amount shall be equal to seventy-five percent of the actual per pupil spending amount in the receiving district for such education as is required by such non-resident student, but not more than five thousand dollars; provided, however, that for special education students whose tuition amount shall remain the expense per student for such type of education as is required by such non-resident student. The state treasurer is hereby authorized and directed to deduct said school choice tuition amount from the total education aid, as defined in chapter seventy, of said student's sending district, prior to the distribution of said aid and to deposit said aid in the School Choice Tuition Trust Fund established by section twelve C. In the case of a child residing in a municipality which belongs to a regional school district, the school choice tuition amount shall be deducted from said chapter seventy education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter seventy by accepting section fourteen of said chapter, the commonwealth shall assess said district for said excess amount. (g) The state treasurer is further directed to disburse to the receiving district, from the School Choice Tuition Trust Fund established by section twelve C, an amount equal to each student's school choice tuition as defined in subsection (f); provided, however, that each public school district which admits children under the provisions of this section shall certify to the state treasurer the number of such children attending its public schools, the city or town of residence of each such child, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence; and, provided further, that such certification shall be made on October first of each year and April first of each year. Each school district submitting a certification to the state treasurer shall also submit a copy of said certification to the department of education. Said department may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of this section and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district. (h) There shall be a parent information system established, maintained and developed by the board of education to disseminate to parents detailed and comparable information about each school system participating in the school choice program, so-called, which shall include, but not be limited to, information on special programs offered by the school, philosophy of the school, number of spaces available, transportation plans, class sizes, teacher/student ratios, and data and information on school performance that indicate its quality. Said information shall include the school profiles, so-called, developed pursuant to section one B of chapter sixty-nine. The board may include information regarding regional choice initiatives as deemed appropriate. The system shall have as its primary goal to ensure that all parents have an equal opportunity to participate in the program of interdistrict choice. The board of education, when disseminating this information shall encourage the parent and student to make at least one visit to the school of choice as part of the application procedure. (i) Subject to appropriation, the board of education shall develop and administer a school choice transportation reimbursement program for the purpose of providing reimbursement for the transportation of pupils enrolled under the provisions of this section. Pupils eligible for said reimbursement must be eligible to receive free or reduced cost lunches under eligibility guidelines promulgated by the federal government under 42 USC section 1758. The board may limit said reimbursement to a yearly amount. The types of transportation to be reimbursed pursuant to said program shall include, but need not be limited to, the following: (1) transportation by school buses provided by the sending or receiving district; (2) transportation provided by the parent or guardian of the child; (3) transportation provided by public transportation. All eligible pupils who attend a school district contiguous to the school district of residence of such pupil shall be eligible for said reimbursement. If cost-effective transportation alternatives exist for pupils who attend districts not contiguous to the school districts of residence of such pupil, the board may provide a transportation reimbursement. Said reimbursements may be paid to the district in which the pupil is enrolled, the district of residence of the student, or the parent, guardian or person acting as guardian of the student; provided, however, that said district or parent provide documentation of the transportation expenditure. The board of education shall promulgate regulations for the program to be placed on file with the joint committee on education, arts and humanities of the general court. The board of education shall disseminate information to parents and school systems detailing the availability of said transportation reimbursements. A full description of said school choice transportation reimbursement program shall be submitted to the house and senate committees on ways and means and shall not become effective until ninety days after said submission. Notwithstanding the second paragraph of section one, nothing in this section shall confer upon any student attending a private school any right to transportation or reimbursement therefor. (j) School committees may establish terms for accepting non-resident students; provided, however, that if the number of non-resident students applying for acceptance to said district exceeds the number of available seats, said school committee shall select students for admission on a random basis; provided, further, that said school committee shall conduct said random selection twice: one time prior to July first and one time prior to November first; provided, further, that no school committee shall discriminate in the admission of any child on the basis of race, color, religious creed, national origin, sex, gender identity, age, sexual orientation, ancestry, athletic performance, physical handicap, special need or academic performance or proficiency in the English language. The Massachusetts commission against discrimination, established by section fifty-six of chapter six, shall have jurisdiction to enforce the provisions of this section; provided, however, that all students described in subsection (m) shall be entitled to remain in the receiving districts they are attending or have been accepted to attend. Any school committee that accepts non-resident students under the provisions of this section shall notify each district from which it has accepted a non-resident student of its acceptance of that student; provided, however, that a school committee may not publicly release the names of students leaving or entering a district under the provisions of this section. Notwithstanding the preceding provisions of this paragraph, any sibling of a student already enrolled in the receiving district shall receive priority for admission to said district. (k) Any child accepted to attend a public school in a community other than the one in which he resides pursuant to this section shall be permitted to remain in that school system until his high school graduation, unless there is a lack of funding of the program as authorized by said sections. (l) Notwithstanding the provisions of this section or any general or special law to the contrary, any school district which admitted children on a private tuition basis prior to June thirtieth, nineteen hundred and ninety-one may continue, on that basis, to admit any child who attended its school system prior to that date, as well as any sibling or step-sibling of such child and any foster child residing in the home of such child. (m) Any student who, pursuant to the provisions of this section, has been attending or has been admitted to attend a public school of a city or town in which he does not reside and for whom the commonwealth has been paying tuition or, in the case of a student recently admitted, would be required to pay tuition in the coming year, shall be deemed to be a student admitted pursuant to paragraph (j), and shall be subject to all of the provisions of this section; provided, however, that said students shall be allowed to remain in said school notwithstanding any determination of capacity or decision by the receiving district to withdraw made pursuant to this section. (n) Subject to appropriation, any sending district for which the provisions of subsection (f) result in a reduction in state aid shall be eligible to apply for a school choice reimbursement from the commonwealth. If net school spending in a sending district is greater than said foundation budget as defined in chapter seventy, the amount of said reimbursement shall be the above foundation reimbursement amount for that fiscal year. If net school spending in a sending district is less than said foundation budget, the amount of said reimbursement shall be equal to one hundred percent of the positive difference, if any, between (i) the amount transferred pursuant to subsection (f), and (ii) the product of the number of students leaving the sending district and the average per pupil expenditure in the sending district for such education as is required by such nonresident student, for the period the child shall attend; provided, however, that if any district has exempted itself from the provisions of said chapter seventy by accepting section fourteen of said chapter seventy, the district shall be ineligible for a reimbursement under this subsection; provided, further, that if any district in which net school spending is greater than the foundation budget becomes a sending district for the first time in fiscal year nineteen hundred and ninety-five or any year thereafter, the reimbursement amount for that district in the first year that it is a sending district shall be the fiscal year nineteen hundred and ninety-four reimbursement amount; the reimbursement amount for the district in its second year as a sending district shall be the fiscal year nineteen hundred and ninety-five reimbursement amount. Said reimbursement application shall be submitted to the department of education on or before October first of each year together with an educational corrective action plan containing information, recommendations and suggestions relative to: (1) areas needing improvement within the school system of the applicant; (2) methods of improvement to be employed; (3) goals and objectives of said improvement; (4) evaluation and control methods to be used; (5) personnel to be engaged in such improvement; (6) results intended to be accomplished within one year from the date of application; and (7) methods of increasing parental involvement to be employed; provided, however, that any community or regional school district that has a previously approved plan need not refile said plan; and, provided further, that approval of said plan by said board shall act as a condition precedent to the distribution of said reimbursement to the applicant community or regional school district. Under no circumstances shall the total amount expended pursuant to subsections (h) and (i) and to reimburse sending districts pursuant to this paragraph, be greater than twenty million dollars. If, in any year, the total amount that would be required to reimburse said cities at said rates would be greater than twenty million dollars, then the reimbursement rates shall be reduced proportionately to those rates at which the total cost does not exceed twenty million dollars. (o) The commonwealth and the school committee of any town may accept funds from the federal government for the purposes of this section. Any amounts received by the school committee of any town from the federal government, from the commonwealth or from a charitable foundation or private institution shall be deposited with the treasurer of such town and held as a separate account, and may be expended by said school committee without further appropriation, notwithstanding the provisions of section fifty-three of chapter forty-four. Whenever such funds are received after the submission of the annual school budget, all or any portion thereof may be expended by the school committee without further appropriation, but shall be accounted for in the next annual school budget. If the student attends the public schools of another town and it is anticipated that the student shall need the services of a private day or residential school, an individual education plan team meeting shall be convened by the school district in which the child is attending school. The school district in which the student attends school shall notify the school district where the student resides of the team meeting at least five school days prior to the meeting. Personnel from the district in which the child resides shall be allowed to participate in the team meeting concerning future placement of the child.

M.G.L. c. 76, § 12C School Choice Tuition Trust Fund

c. 76, § 12C. School Choice Tuition Trust Fund Section 12C. There shall be established upon the books of the commonwealth a separate fund, to be known as the School Choice Tuition Trust Fund. The state treasurer shall deposit in such fund all school choice tuition amounts deducted from education aid of sending districts, all amounts deducted from other aid to cities and towns, and amounts appropriated due to an excess of deductions over such other aid, as such terms and amounts are defined in section twelve B. Monies in the fund shall be disbursed, without further appropriation, by the treasurer to receiving districts as such districts' school choice tuition amounts due such receiving districts, as such terms and amounts are defined in section twelve B.

M.G.L. c. 76, § 13 Transfer cards

c. 76, § 13. Transfer cards Section 13. When any child described in section one leaves the school or institution where he is being educated because of change of residence to another town in the commonwealth, the superintendent of schools, in the case of a public school, or otherwise the person in charge, shall furnish such child a transfer card in a form prescribed by the department of education which shall contain, in addition to any other information relative to him, his name, age, grade in school, and in every case possible, his new street and number, and shall forthwith send a duplicate thereof to the superintendent of schools of the town where the child is to reside.

M.G.L. c. 76, § 14 Island children; transportation

c. 76, § 14. Island children; transportation Section 14. The department of education may provide transportation to and from school, or board in place thereof, for such children of school age as live upon islands within the commonwealth that are without schools, in cases where the local authorities are not required by law to provide such transportation.

M.G.L. c. 76, § 15 Vaccination and immunization

c. 76, § 15. Vaccination and immunization Section 15. No child shall, except as hereinafter provided, be admitted to school except upon presentation of a physician's certificate that the child has been successfully immunized against diphtheria, pertussis, tetanus, measles and poliomyelitis and such other communicable diseases as may be specified from time to time by the department of public health. A child shall be admitted to school upon certification by a physician that he has personally examined such child and that in his opinion the physical condition of the child is such that his health would be endangered by such vaccination or by any of such immunizations. Such certification shall be submitted at the beginning of each school year to the physician in charge of the school health program. If the physician in charge of the school health program does not agree with the opinion of the child's physician, the matter shall be referred to the department of public health, whose decision will be final. In the absence of an emergency or epidemic of disease declared by the department of public health, no child whose parent or guardian states in writing that vaccination or immunization conflicts with his sincere religious beliefs shall be required to present said physician's certificate in order to be admitted to school.

M.G.L. c. 76, § 15A Sickle cell anemia; blood tests

c. 76, § 15A. Sickle cell anemia; blood tests Section 15A. Every child, which the commissioner of public health, by rule or regulation, may determine is susceptible to the disease known as sickle cell trait or sickle cell anemia, shall be required to have a blood test to determine whether or not he has such disease before being admitted to a public school, or in the first year of attendance in a public school. Such rule or regulation shall include provisions for the preparation and distribution of educational materials relating to sickle cell trait and sickle cell anemia.

M.G.L. c. 76, § 15B Screening programs, testing, treatment, etc. for sickle cell anemia and related genetically-linked diseases; rules and regulations; records and information, disclosure restricted

c. 76, § 15B. Screening programs, testing, treatment, etc. for sickle cell anemia and related genetically-linked diseases; rules and regulations; records and information, disclosure restricted Section 15B. The department of public health shall furnish necessary laboratory and testing facilities for a voluntary screening program for sickle cell anemia or for the sickle cell trait and for such genetically-linked diseases as may from time to time be determined by the commissioner of public health, such as Tay-sachs disease, Cooley's anemia and hemophilia, which shall be established by each city and town. The commissioner shall promulgate rules and regulations for the testing, treatment, care and counseling of all susceptible persons. The most appropriate age for screening and the method of screening shall be determined and redetermined by the commissioner in accordance with said regulations in the light of technical and laboratory changes. Any screening programs which may be established shall include provisions for a complete health education and post-screening counseling service and for such treatment of those affected by any blood abnormality as the commissioner by regulation may determine to be appropriate or practical. Records maintained as part of any screening program shall be confidential and shall not be accessible to anyone other than the commissioner of public health or his agents or to the local health department which is conducting the screening program except by permission of the parents or guardian of any child or adolescent who has been screened. Information on the results of any particular screening program shall be limited to notification to the parents or guardian of the result if the person screened is under the age of eighteen or to said person himself if he is over the age of eighteen. The results may be used otherwise only for collective statistical purposes.

M.G.L. c. 76, § 15C Immunization of college health science students

c. 76, § 15C. Immunization of college health science students Section 15C. No full-time student under thirty years of age or any full-time or part-time undergraduate or graduate students in a health science who is in contact with patients shall, except as hereinafter provided, be registered at an institution of higher education except upon presentation of a medical certificate that such student has been immunized against measles, mumps, rubella, tetanus and diphtheria; provided, however, that a student may be registered at such institution upon certification made, in writing, by a physician who has personally examined such student and in whose opinion the physical condition of such student is such that his health would be endangered by any such immunization; and provided, further, that students who have attended an elementary or secondary school in the commonwealth may submit a copy of their school immunization record, indicating receipt of the above required immunizations, in lieu of such certificate; and provided, further, that unimmunized students may be registered on the condition that the required immunizations be obtained within ten days of registration. In the absence of an emergency or epidemic of disease declared by the department of public health, no student who states in writing that such immunization would conflict with his religious beliefs shall be required to present such medical certificate in order to be admitted to such institution.

M.G.L. c. 76, § 15D Meningococcal disease; college students immunization

c. 76, § 15D. Meningococcal disease; college students immunization Section 15D. No newly enrolled full-time student attending a college, university or secondary school who will be living in a dormitory or comparable congregate living arrangement licensed or approved by the college, university or secondary school shall be registered at the institution except upon presentation of a medical certificate that the student has been immunized against meningococcal disease or on the condition that a medical certificate documenting immunization against meningococcal disease shall be provided within 30 days of registration; but a student may be registered at the institution upon certification made, in writing, by a physician who has personally examined the student and in whose opinion the physical condition of the student is such that his health would be endangered by the immunization, or the student has signed a waiver stating that the student has received information provided by the school or the health department containing the information required by this section. A parent or guardian of a student less than 18 years of age shall sign the waiver. The department of public health shall promulgate rules and regulations for enforcement of this section and in developing the waiver forms, which shall contain information about the risks and dangers of meningococcal disease. In the absence of an emergency or epidemic of disease declared by the department of public health, no student who states in writing that immunization would conflict with his religious beliefs shall be required to present the medical certificate in order to be admitted to the institution. This section shall not require an institution to provide the vaccine or the expense for the vaccine against meningococcal disease.

M.G.L. c. 76, § 16 Children excluded from school; remedies

c. 76, § 16. Children excluded from school; remedies Section 16. Any pupil who has attained age eighteen, or the parent, guardian or custodian of a pupil who has not attained said age of eighteen, who has been refused admission to or excluded from the public schools or from the advantages, privileges and courses of study of such public schools shall on application be furnished by the school committee with a written statement of the reasons therefor, and thereafter, if the refusal to admit or exclusion was unlawful, such pupil may recover from the town or, in the case of such refusal or exclusion by a regional school district from the district, in tort and may examine any member of the school committee or any other officer of the town or regional school district upon interrogatories.

M.G.L. c. 76, § 17 Hearing prerequisite to exclusion

c. 76, § 17. Hearing prerequisite to exclusion Section 17. A school committee shall not permanently exclude a pupil from the public schools for alleged misconduct without first giving him and his parent or guardian an opportunity to be heard.

M.G.L. c. 76, § 18 Notice to parent or guardian and meeting with school committee prerequisite to student permanently leaving school; annual report; application of section

c. 76, § 18. Notice to parent or guardian and meeting with school committee prerequisite to student permanently leaving school; annual report; application of section Section 18. No student who has not graduated from high school shall be considered to have permanently left public school unless an administrator of the school which the student last attended has sent notice within a period of 5 days from the student's tenth consecutive absence to the student and the parent or guardian of that student in both the primary language of the parent or guardian, to the extent practicable, and English. The notice shall initially offer at least 2 dates and times for an exit interview between the superintendent, or a designee, and the student and the parent or guardian of the student to occur prior to the student permanently leaving school and shall include contact information for scheduling the exit interview. The notice shall indicate that the parties shall agree upon a date and time for the exit interview, and that interview shall occur within 10 days after the sending of the notice. The time for the exit interview may be extended at the request of the parent or guardian and no extension shall be for longer than 14 days. The superintendent, or a designee, may proceed with any such interview without a parent or guardian if the superintendent, or a designee, makes a good faith effort to include the parent or guardian. The exit interview shall be for the purpose of discussing the reasons for the student permanently leaving school and to consider alternative education or other placements. The superintendent or a designee shall convene a team of school personnel, such as the principal, guidance counselor, teachers, attendance officer and other relevant school staff, to participate in the exit interview with the student and the parent or guardian of the student. During the exit interview, the student shall be given information about the detrimental effects of early withdrawal from school, the benefits of earning a high school diploma and the alternative education programs and services available to the student. The department of elementary and secondary education shall: (i) publish a model protocol for conducting exit interviews with students; and (ii) compile and maintain a list of research and information relative to the consequences of dropping out, the benefits of earning a high school diploma and a list of alternative education resources and programs available to the student, in addition to those that the district may provide, that schools shall present at the exit interview. The superintendent of every city, town or regional school district shall annually report to the department of education the number of students sixteen years of age or older who have permanently left school, the reasons for such leaving and any alternative educational or other placement which each such student has taken. The provisions of this section shall not apply to a student who has completed the regular course of education, or apply to a student whose absences have been excused, nor shall this section be construed to permanently exclude a student who wishes to resume his education.

M.G.L. c. 76, § 19 Supervisors of attendance; employment

c. 76, § 19. Supervisors of attendance; employment Section 19. Every school committee shall appoint, make regulations governing and fix the compensation of one or more supervisors of attendance, who may be either male or female, and who shall meet such standards of qualifications for such work as shall be established by the department of education; provided, that such supervisors shall have attained the age of twenty-one years. The committees of two or more towns may employ the same supervisors of attendance.

M.G.L. c. 76, § 20 Powers and duties of supervisors of attendance

c. 76, § 20. Powers and duties of supervisors of attendance Section 20. Supervisors of attendance shall inquire into all cases arising under sections two and eight of chapter seventy-two, sections one, two, four to eleven, inclusive, and fifteen of chapter seventy-six, and sections ninety, ninety-two, ninety-three, and ninety-five of chapter one hundred and forty-nine, and may apply for petitions under the provisions of section thirty-nine E of chapter one hundred and nineteen. They shall, if the court so orders, have oversight of children placed on probation; of minors licensed by the school committee under section nineteen of chapter one hundred and one; and of children admitted to or attending shows or entertainments in violation of section one hundred and ninety-seven of chapter one hundred and forty. They may apprehend and take to school without a warrant any truant or absentee found wandering in the streets or public places.

M.G.L. c. 76, § 21 Opportunity for academic progress for suspended students; education service plans; alternative educational services

c. 76, § 21. Opportunity for academic progress for suspended students; education service plans; alternative educational services Section 21. Principals and headmasters shall ensure that students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, shall have an opportunity to make academic progress during the period of suspension, to make up assignments and earn credits missed including, but not limited to, homework, quizzes, exams, papers and projects missed. Principals shall develop a school-wide education service plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. Principals shall ensure these students have an opportunity to make academic progress during the period of suspension or expulsion, to make up assignments and earn credits missed, including, but not limited to, homework, quizzes, exams, papers and projects missed. Education service plans may include, but are not limited to, tutoring, alternative placement, Saturday school, and online or distance learning. In developing the education service plan, principals may seek the cooperation or input of relevant health and human service, housing and nonprofit agencies education collaboratives, and other service providers. Any school or school district that expels a student or suspends a student for more than 10 consecutive school days shall provide the student and the parent or guardian of the student with a list of alternative educational services. Upon selection of an alternative educational service by the student and the student's parent or guardian, the school or school district shall facilitate and verify enrollment in the service. Students exempt from attending school under section 1 of chapter 76 shall not be subject to this section. Instructional costs associated with providing alternative educational services under this section shall be eligible for reimbursement under section 5A of chapter 71B, subject to appropriation. The reimbursements shall be in addition to amounts distributed under chapter 70 and shall not be included in the calculation of base aid, as defined in section 2 of said chapter 70, for any subsequent fiscal year. Instructional costs eligible for reimbursement shall include only those costs directly attributable to providing alternative educational services under this section, such as salary of educational personnel, salary of related services personnel, costs for specialized books, materials or equipment, tuition costs, if the student is receiving services from other than the local public school, consultant costs if directly attributable to the student's instructional program and instructional costs of extended day or year services if such services are a part of the education service plan. Such costs shall be prorated as appropriate to reflect group activities or costs for part-time services. Instructional costs shall not include transportation costs, administrative or overhead costs, the costs of adapting classrooms or materials that are used by more than 1 student, the costs of fringe benefits of personnel employed by the school district, nor the costs associated with the development of the education service plan or service coordination for the student. Instructional costs associated with an education service plan shall be reported to and approved by the department and shall be reimbursed according to the formula and procedures in said section 5A of said chapter 71B.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter76Fetched: 10/20/2026