School board authority in Massachusetts

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Massachusetts state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Massachusetts law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS

Massachusetts state law authorizes students to determine whether or not schools will notify parents of their student's gender transition or change in preferred name or pronouns.

State law requires schools to give students the opportunity to identify and debate issues relative to power, economic status, and the common good in democracy.

Massachusetts law defines different types of charter schools, and some types need to be approved by a local collective bargaining unit before they can be established in a district.

Massachusetts is one of 24 states that does not have a statewide Parents' Bill of Rights.

Types of legal and contractual constraints on school board authority

See also: Local school board authority across the 50 states

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

• State laws commonly restrict or mandate school board policies on certain topics.
  • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
• State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
• Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
• The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
• Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
• State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

• Massachusetts law on school boards' authority over district policy. This section features the statutes in Massachusetts law that establish, enable, or define local school district boards.
• Constraints on Massachusetts school boards' authority. This section provides an overview of constraints on the school boards' authority in Massachusetts. It contains information on the constraints by the following topics:
  • Curriculum requirements
  • Curriculum restrictions
  • Book bans, removals, and restrictions
  • Parental notification
  • Discipline
  • School board elections
  • Public school choice and open enrollment
  • Charter schools
  • Cellphone bans
• Collective bargaining agreements
• Parents' bill of rights
• How does Massachusetts compare to other states?
• Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Massachusetts.

School board authority over district policy in Massachusetts

Enabling or authorizing statute for the boards of school districts in Massachusetts

See also: Enabling statute

Massachusetts Statute Chapter 71 § 16a creates school district boards and gives them authority to operate according to state law:

“ Section 16A. The powers, duties and liabilities of a regional school district shall be vested in and exercised by a regional district school committee organized in accordance with the agreement. ... ”

Massachusetts school boards' powers and duties

Massachusetts public school boards of directors are given 18 specific duties or powers to administer the public schools in Massachusetts. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

• employing a superintendent of schools
• renting or leasing surplus space in a school building within the district

The list of powers and duties school district boards are charged with appears in Chapter 71 § 16 and are as follows:

“ Section 16. A regional school district established under the provisions of the preceding section shall be a body politic and corporate with all the powers and duties conferred by law upon school committees, and with the following additional powers and duties: (a) To adopt a name and a corporate seal, and the engraved or printed facsimile of such seal on a bond or note of the district shall have the same validity and effect as though such seal were impressed thereon. (b) To sue and be sued, but only to the same extent and upon the same conditions that a town may sue or be sued. (c) To acquire property within the towns comprising the district under the provisions of chapter seventy-nine and section fourteen of chapter forty for the purposes of the district and to construct, reconstruct, add to, remodel, make extraordinary repairs to, equip, organize and operate a school or schools for the benefit of the towns comprising the district, and to make any necessary contracts in relation thereto; provided, however, that no property shall be acquired unless the town in which such property is located approves such acquisition by a two-thirds vote at a town meeting which shall be called within sixty days after the district committee authorizes the incurring of debt for such purpose. (d) To incur debt for the purpose of acquiring land and constructing, reconstructing, adding to and equipping a school building or for the purpose of remodeling and making extraordinary repairs to a school building and for the construction of sewerage systems and sewerage treatment and disposal facilities, or for the purchase or use of such systems with municipalities, and for the purpose of purchasing department equipment; or for the purpose of constructing, reconstructing or making improvements to outdoor playground, athletic or recreational facilities; or for the purpose of constructing, reconstructing or resurfacing roadways and parking lots; or for the purpose of any other public work or improvement of a permanent nature required by the district; or for the purpose of any planning, architectural or engineering costs relating to any of the above purposes; provided, however, that written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the board of selectmen in each of the towns comprising the district not later than 7 days after the date on which the debt was authorized by the district committee; provided further, that no debt may be incurred until the expiration of 60 days after the date on which the debt was authorized; and provided further, that before the expiration of this period any member town of the regional school district may hold a town meeting for the purpose of expressing disapproval of the amount of debt authorized by the district committee, and if at that meeting a majority of the voters present and voting express disapproval of the amount authorized by the district committee, the debt shall not be incurred and the district school committee shall prepare another proposal which may be the same as any prior proposal and an authorization to incur debt therefor. Debt incurred under this section shall be payable within 30 years, but no such debt shall be issued for a period longer than the maximum useful life of the project being financed as determined in accordance with guidelines established by the director of accounts pursuant to section 38 of chapter 44. In the case of a vocational regional school district, if the district agreement so provides or is amended to so provide, such debt may also be incurred if two thirds of the member towns do not vote disapproval within said sixty day period provided that said towns which have not voted disapproval agree, within ninety days of the date on which said debt was authorized, to pay the total bond indebtedness authorized by the district committee without contribution by the member towns which voted disapproval of the amount of said debt. The member towns of such vocational regional school district which have voted disapproval of the new indebtedness shall have the right to retain their membership in the school district as provided in their district agreement except that they shall not be allowed any added enrollment that might result solely from the expansion of facilities that occurs on account of said new indebtedness. (e) To issue bonds and notes in the name and upon the full faith and credit of said district; said bonds or notes shall be signed by the chairman and treasurer of the district committee, except that said chairman by a writing bearing his written signature and filed in the office of said treasurer, which writing shall be open to public inspection, may authorize said treasurer to cause to be engraved or printed on said bonds or notes a facsimile of said chairman's signature, and such facsimile so engraved or printed shall have the same validity and effect as said chairman's written signature, and each issue of bonds or notes shall be a separate loan. (f) To receive and disburse funds for any district purpose. (g) To incur temporary debt in anticipation of revenue to be received from any source. This clause shall also apply to all regional school districts established under the provisions of special laws. (h) To assess member towns for any expenses of the district. (i) To receive any grants or gifts for the purposes of the regional district school or schools. (j) To engage legal counsel. (k) To submit an annual report to each of the member towns, containing a detailed financial statement, and a statement showing the method by which the annual charges assessed against each town were computed, together with such additional information relating to the operation and maintenance of such school or schools as may be deemed necessary by the district school committee or by the selectmen of any member town. (l) To employ a superintendent of schools who may also be a superintendent of one or more of the towns comprising said district and to establish an employment contract for a period of time to provide for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performance of duties of office, liability insurance, and leave for said superintendent, and said superintendent shall have all the powers and duties imposed upon school superintendents by law. (m) To adopt an annual operating and maintenance budget for the next fiscal year not later than forty-five days prior to the earliest date on which the business session of the annual town meeting of any member town is to be held, but not later than March thirty-first, provided that said budget need not be adopted prior to February first; provided, further, that a superintendent may, with the approval of a majority of the member communities, submit said budget for approval following the notification of the annual local aid distribution, so-called. (n) To incur debt for the purposes and terms specified in clause (d); provided that the vote of the district committee authorizing such debt is approved by a majority of the registered voters in the member towns voting on the question at an election called and held pursuant to the following provisions. The election shall be called by a warrant addressed to the registered voters in the member towns and signed by a majority of the members of the district committee which shall set forth the date of the election, the polling place or places in each town, the hours during which the polls are to be open and the question which is to appear upon the ballot. Notice of the election shall be given by posting a copy of the warrant attested by the secretary of the committee in at least one public place in each town and by publishing a copy thereof at least once in a newspaper of general circulation in the district, said posting and publishing to occur at least ten days before said election. A certificate of the secretary shall be conclusive evidence that the warrant was duly posted and published. The number and location of the polling place, or places, in each town shall be determined by the district committee after consultation with the selectmen thereof; and the hours during which all the polls in the district are open shall be uniform throughout the district and shall be not less than four nor more than eight consecutive hours. The district committee shall be responsible for preparing the ballots used at the election. The town clerk of each town shall certify the results of the election to the district committee. Except as provided herein the election shall be conducted in each town in the same manner as town meetings for the election of town officers. The expenses of the election shall be paid by the regional school district as an operating expense of the district; and if provision for their payment is not included in the budget for the year in which they are incurred, the district committee may use any available funds of the district or may transfer the sums required from appropriations included in the budget. The defeat of a proposal for incurring debt shall not prevent the resubmission of the same proposal as a new authorization. (o) To refinance any debt incurred under paragraphs (d), (e), or (n), in accordance with the provisions of section 21A of chapter 44. (p) To lease, or lease with an option to purchase, equipment for educational purposes. Such leases may be made for periods not exceeding five years. (q) To lease land and buildings for educational purposes. Such leases may be made for periods not exceeding 25 years. (r) To rent or lease with the approval of the commissioner of education surplus space in a school building of the district to house public or private profit-making businesses or nonprofit organizations; provided, however, that if said school building is in actual use such joint occupancy shall not interfere with education programs being conducted therein; and provided, further, that if said school building is not in actual use, such lease must be approved by the city or town in which the said building is located. Such leases may be made for periods not exceeding ten years. The monies received from such rental or lease shall be kept separate and apart from other funds in the district treasury by the district treasurer, and the principal and interest thereon may be expended without further appropriation by the regional school district committee for the upkeep of the facility in which such surplus space is located; provided, however, that any balance remaining in such account at the close of a fiscal year shall be paid into the excess and deficiency fund, so called, of the regional school district as unencumbered funds and expended as provided in section sixteen B1/2. ”

Discretionary duties

Massachusetts law lists— throughout its chapters regarding education— discretionary duties that school boards are authorized but not required to perform. For example, school boards in Massachusetts can:

• create additional courses of study
• allow American Sign Language to fulfill a foreign language requirement
• allow students from outside the Commonwealth to attend school in their district

Constraints on Massachusetts school boards' authority

This section tracks constraints on school boards specific to Massachusetts as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Massachusetts school boards' authority by topic

This section features constraints on Massachusetts school boards' authority on policies related to the following topics:

• Curriculum requirements
• Curriculum restrictions
• Book bans, removals, and restrictions
• Parental notification
• Discipline
• School board elections
• Public school choice and open enrollment
• Charter schools
• Cellphone bans

Curriculum requirements

Massachusetts requires the following specific topics to be included in each district's curriculum:

• instruction on the history of genocide
• instruction on community diversity and historical trends in voter registration and civic participation relative to different voter populations
• instruction regarding the flag of the United States of America including use and display of the flag
• instruction on civic participation in the electoral process

In addition to required topics, schools are required to give students the opportunity to identify and debate issues relative to power, economic status, and the common good in democracy.

Curriculum restrictions

Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

Federal law and guidance

Federal executive orders:

President Donald Trump (R) issued an executive order (E.O.) on January 29, 2025, entitled Ending Radical Indoctrination in K-12 Schooling, prohibiting federal funding that directly or indirectly facilitates K-12 instruction regarding what the bill calls gender or equity ideology. It directs federal executive agencies, including the U.S. Department of Education, to create a plan to relinquish federal funds from school or teacher certification programs that include what the E.O. called gender ideology or discriminatory equity ideology. The order defined discriminatory equity ideology as ideology that treats individuals as members of preferred or disfavored groups rather than as individuals and minimizes agency, merit, and capability in favor of immoral generalizations.

Book bans, removals, and restrictions

Massachusetts school boards have the authority to remove books from school libraries. Massachusetts school boards are responsible for the selection of book materials in their district, which for some districts has included removing books after parents or community members challenged them.

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.

Federal guidance

The U.S. Department of Education’s Office for Civil Rights rescinded all guidance against the removal of books and no longer employed a coordinator to investigate local district book removals as of January 24, 2025. The Department said they believed removing books from school libraries was a question of parental and community judgment, not civil rights, and that the office had no role as it related to book removal.

Parental notification

Massachusetts requires parental notification in the following circumstances, among others:

• The school is offering instruction regarding human sexual education or human sexuality issues
• The school proposes, or refuses, to take steps to identify their student, to evaluate their student, to provide special services to their student, or to change their student’s program
• The school suspends or expels their student
• Their student is involved in a bullying incident

A federal appeals court judge rejected a challenge on February 18, 2025, to the Massachusetts law allowing students to choose whether or not schools should notify their parents about gender transitions and their choice of new names and pronouns.

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.

Discipline

See also: How does Massachusetts compare to other states on school board authority over disciplinary policy?

Massachusetts is one of 47 states that gives school boards authority over district disciplinary policy.

The text of Massachusetts Statutes Chapter 71 § 37h is as follows:

“

Section 37H. The superintendent of every school district shall publish the district's policies pertaining to the conduct of teachers and students. Said policies shall prohibit the use of any tobacco products within the school buildings, the school facilities or on the school grounds or on school buses by any individual, including school personnel. Said policies shall further restrict operators of school buses and personal motor vehicles, including students, faculty, staff and visitors, from idling such vehicles on school grounds, consistent with section 16B of chapter 90 and regulations adopted pursuant thereto and by the department. The policies shall also prohibit bullying as defined in section 37O and shall include the student-related sections of the bullying prevention and intervention plan required by said section 37O. Copies of these policies shall be provided to any person upon request and without cost by the principal of every school within the district. Each school district's policies pertaining to the conduct of students shall include the following: disciplinary proceedings, including procedures assuring due process; standards and procedures for suspension and expulsion of students; procedures pertaining to discipline of students with special needs; standards and procedures to assure school building security and safety of students and school personnel; and the disciplinary measures to be taken in cases involving the possession or use of illegal substances or weapons, the use of force, vandalism, or violation of a student's civil rights. Codes of discipline, as well as procedures used to develop such codes shall be filed with the department of education for informational purposes only. In each school building containing the grades nine to twelve, inclusive, the principal, in consultation with the school council, shall prepare and distribute to each student a student handbook setting forth the rules pertaining to the conduct of students. The student handbook shall include an age-appropriate summary of the student-related sections of the bullying prevention and intervention plan required by section 37O. The school council shall review the student handbook each spring to consider changes in disciplinary policy to take effect in September of the following school year, but may consider policy changes at any time. The annual review shall cover all areas of student conduct, including but not limited to those outlined in this section. Notwithstanding any general or special law to the contrary, all student handbooks shall contain the following provisions: (a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal. (b) Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal. (c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal. After said hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b). (d) Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of his appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section. (e) Any school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion, under section 21 of chapter 76. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide educational services to the student in an education service plan, under section 21 of chapter 76. (f) Districts shall report to the department of elementary and secondary education the specific reasons for all suspensions and expulsions, regardless of duration or type, in a manner and form established by the commissioner. The department of elementary and secondary education shall use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis, the department of elementary and secondary education shall make district level de-identified data and analysis, including the total number of days each student is excluded during the school year, available to the public online in a machine readable format. This report shall include district level data disaggregated by student status and categories established by the commissioner. (g) Under the regulations promulgated by the department, for each school that suspends or expels a significant number of students for more than 10 cumulative days in a school year, the commissioner shall investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or expulsion. The results of the analysis shall be publicly reported at the school district level.

”

Federal guidance

President Donald Trump (R) issued an Executive Order (E.O.) titled Reinstating Common Sense School Discipline Policies on April 23, 2025, that required the Secretary of Education, in consultation with the Attorney General, to issue guidance local educational agencies (LEAs) and State educational agencies (SEAs) regarding "school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline," according to the order. The first Trump administration rescinded guidance issued in 2014 under the Obama administration that suggested that higher rates of discipline for racial minorities could be evidence of discrimination and could cause schools to lose federal funding. Trump's 2025 E.O. argued that the guidance "effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone." Though the guidance was rescinded in 2018, the U.S. Department of Education continued to collect data regarding the racial breakdown of disciplinary actions taken across the country. Trump's 2025 E.O. prohibits schools from engaging in what it called racial discrimination in the application of school discipline.

School board elections

See also: Rules governing school board election dates and timing in Massachusetts, How does Massachusetts compare to other states on school board authority over election timing?

Massachusetts is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

Click here to read about the laws governing school board elections in Massachusetts.

Public school choice and open enrollment

See also: School choice in Massachusetts

Massachusetts school boards can allow students living outside their school district to attend schools in their jurisdiction and can turn applicants away if there aren't enough available seats. Additionally, school boards are authorized to create policies to accept students from school districts where the students' assigned public school has what state law defines as a racial imbalance. Ballotpedia could not identify state law regarding intradistrict enrollment.

The text of the statutes are as follows:

“

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. 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. 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.

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Charter schools

See also: Charter schools in Massachusetts, How does Massachusetts compare to other states on school board authority over charter schools?

Massachusetts is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

The Massachusetts State Board of Education, local school boards, and local collective bargaining units all review and collaborate on the decision to grant or deny charter school applications. Some types of charter schools need approval from all three entities, while others only need the approval of the state board.

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1.04: Charter Application and Procedures for Granting Charters (1) Charter Application Process: Applicants shall submit to the Department application materials in accordance with the schedule, application form, and guidelines established by the Department for each type of charter school. Each applicant submitting application materials for a Commonwealth charter school shall also send a copy of the application to the superintendent of the school district(s) from which the applicant is expected to enroll students. (a) Horace Mann applications shall be accepted in three categories with the corresponding district approvals: A Horace Mann I application may be submitted to create a new school, provided the application is submitted with the approval of the local collective bargaining unit and the school committee in the district in which it is located. All Horace Mann charters granted before January 2010 are considered Horace Mann I. A Horace Mann II application may be submitted as a conversion of an existing public school provided the application is submitted with the approval of the school committee. Horace Mann II applications may be submitted at any time but shall participate in the application process in accordance with guidelines issued by the Department, with similar periods of time for review and charter granting. Horace Mann II charter schools may not open until completion of the opening procedures process. A Horace Mann III application may be submitted to create a new school provided the application is submitted with the approval of the school committee. An agreement with the local collective bargaining unit is not required prior to Board approval of a Horace Mann III charter school. (b) All Horace Mann charter schools may be exempt from specified provisions of local collective bargaining agreements, provided that employees of the school will continue: to be members of the local collective bargaining unit; to accrue seniority; and to receive at minimum, the salary and benefits established by the local collective bargaining agreement. Consistent with M.G.L. c. 71, § 89, Horace Mann charter school employees will be exempt from all agreed-upon provisions of the collective bargaining agreement and school committee policies to the extent provided by their charter and the Memorandum of Understanding with the local district or collective bargaining unit or as voted by teachers as defined in M.G.L. c. 71, § 89. (c) Applications for Horace Mann charter schools shall describe in the charter school application: the type of Horace Mann charter the applicant seeks (I, II, III); the proposed opening date of the charter school; the elements of the local collective bargaining agreement that apply to employees of the school; and the Memorandum of Understanding under which the charter school proposes to operate. (d) The Memorandum or Memoranda of Understanding must be consistent with M.G.L. c. 71, § 89; 603 CMR 1.00; and any guidelines issued by the Department and must include at a minimum: the services, both instructional and non-instructional, that the local school district will provide to the charter school; the facilities provided by the district; any waivers to applicable collective bargaining agreements; and financial information, including, but not limited to: the basis for calculating tuition; a method for determining the arrangements between the charter school and the district regarding costs of services; the date of the charter school's first annual budget allocation from the district, consistent with the allocation for other public schools in the district and the basis on which future tuition allocations will be made; the schedule for school district funds to be transferred into the charter school's bank account; responsibility for securing federal and state entitlement grants for the charter school; and the procedures to be used for resolving disputes. (2) Review Process: The Department shall review application materials submitted in accordance with deadlines established by the Department. The role of any reviewer is solely advisory. Application materials will be reviewed and evaluated in accordance with criteria outlined in 603 CMR 1.04 and the charter school application itself. In addition, the Department will conduct interviews with all final applicants in order to better assess their qualifications and capacity to start and operate a charter school. (3) Evaluation and Approval of Charter Applications. The Department reviews applications to ensure that the applicant has, at a minimum, demonstrated the capacity: (a) to further the purposes for establishment of charter schools specified in M.G.L. c. 71, § 89; (b) to conform with M.G.L. c. 71, § 89, and all other applicable laws and regulations, including any guidelines the Board may issue, and including those related to English language learners and students with disabilities; (c) to meet its enrollment projections through demonstration of support for the proposed charter school in the communities from which students would be likely to enroll; (d) to implement its recruitment and retention plan; (e) to involve parents and guardians as partners in the education of their children; (f) to develop a proposed program that enhances options for students in the district(s) served; (g) to collaborate with and disseminate innovative practices to the school districts from which it draws students, if a Commonwealth charter, and with other schools in its district, if a Horace Mann charter; (h) to develop a management structure and plan which enables the charter school to achieve the goals and mission set forth in its charter, including information about proposed board members and the selection, roles, and responsibilities of the board of trustees; (i) to develop bylaws that govern the board of trustees consistent with M.G.L. c. 71, § 89; 603 CMR 1.00; and guidelines issued by the Department; (j) to develop a management structure and plan that enables the board of trustees to oversee a network of charter schools, including the roles and responsibilities of school leaders and administrators, if applicable; (k) to assure that students will meet the same performance standards and assessment requirements set by the Board for students in other public schools; (l) to develop an accountability plan that meets criteria established by the Department, at the end of the first year of the school's charter, establishing five-year performance objectives to help measure the school's progress and success in fulfilling the terms of its charter; (m) to administer its educational programs, school operations, and finances effectively; (n) to establish a process to provide to students, parents/guardians, the Board, other interested parties, and the public all information required by law and regulation, as well as to provide other information the Board may request; (o) to develop an enrollment policy consistent with M.G.L. c. 71, § 89, and 603 CMR 1.05; (p) to develop a recruitment and retention plan consistent with M.G.L. c. 71, § 89, and 603 CMR 1.05; (q) to ensure the thoroughness and accuracy of the charter school application; (r) to provide school facilities that comply with municipal building codes and other applicable laws and that are adequate to meet the school's program requirements; (s) to develop a board of trustees with the capacity to effectively govern the school and to effectively govern more than one school, if applicable; and (t) to build a network of charter schools, if applicable. If a charter is granted, the drafts of documents submitted during the application process are subject to Department review and approval during the opening procedures process, and the additional requirements in 603 CMR 1.04(7). (4) Qualifications to Achieve Proven Provider Status: In school districts performing in the lowest 10% statewide and in which the 9% net school spending cap is or would be exceeded, applications will be considered only from Proven Providers. The Commissioner will determine and grant proven provider status. Applicants for Proven Provider status must meet the requirements in 603 CMR 1.02. The applicant must submit evidence, satisfactory to the Commissioner, to demonstrate a significant management or leadership role at a school or similar program that is an academic success, a viable organization, and relevant to the proposed charter school. (a) The applicant shall submit a detailed description of role(s) and responsibilities at the successful school(s) or program(s). (b) The applicant shall submit data demonstrating success in student academic performance and evidence of academic program success, including but not limited to: Proficiency levels and growth measures on the Massachusetts comprehensive assessment system or equivalent assessments for all students and for one or more targeted subgroups as defined in M.G.L. c. 71, § 89(I) (3), which are similar to statewide averages in English Language Arts and mathematics for all students in Massachusetts in comparable grades, over no less than a three-year period for cohorts of students; Student performance on other standardized tests over no less than a three-year period for cohorts of students, if available, which demonstrates student achievement levels that are similar to statewide averages in English Language Arts and mathematics for all students in Massachusetts in comparable grades; attendance, retention, and attrition data; graduation and dropout data, if applicable; and in-school and out-of-school suspension rates. (c) The applicant shall submit evidence of organizational viability, which shall include but not be limited to effective governance, effective financial management, effective implementation of recruitment and retention plans, if applicable, and compliance with applicable laws and regulations. (d) The applicant shall provide evidence to demonstrate that the successful school serves student population(s) similar to the population(s) to be served by the proposed charter, and that the program to be offered at the proposed charter is similar to, or represents a reasonable modification of the successful school. (e) Applicants shall provide any other information as required by the Department. For applicants with a current or previous relationship to a Massachusetts charter school, the Commissioner may consider all information related to such school's performance, including his evaluation in connection with each renewal of its charter. (5) Public Comment: The Board and the Department shall hold a public hearing for final applications in the school district in which a proposed charter school is to be located in order to solicit and review comments on the application from the school committees of the school district(s) from which the applicant is expected to enroll students and the public at large. At least one member of the Board shall attend each public hearing soliciting comments on the merits of pending charter school applications and shall report to the Board on the public hearing. (6) Granting of Charters: (a) The Board shall grant charters to charter boards of trustees under M.G.L. c. 71, § 89, and under such conditions and at such time as the Board specifies under 603 CMR 1.04. (b) The Board shall grant new charters in the month of February, except that for Horace Mann II schools as described in 603 CMR 1.04(1)(a)2., the Board may grant such charters at such other times as designated, dependent upon the intended opening date. (c) A charter granted by the Board shall be effective for five years, beginning July 1st of the first fiscal year in which the charter school enrolls students, unless revoked pursuant to M.G.L. c. 71, § 89, and 603 CMR 1.12. If no students are attending a charter school within 19 months from the date the charter was granted, the charter will be null and void, unless a waiver and extension is granted by the Board according to the process outlined in 603 CMR 1.03 (2). (d) Should the Board elect to award fewer than the number of charters specified under M.G.L. c. 71, § 89 in any given cycle, the Board may grant those charters not awarded in subsequent application cycles in addition to the number of charters scheduled to be awarded and notwithstanding any limitations on the number of new charters authorized in such year. (e) The Board may award any charter revoked or returned to the Board in subsequent application cycles in addition to the number of charters scheduled to be awarded and notwithstanding any limitations on the number of new charters authorized in such year. (f) The Board will use the most recent United States Census estimate to determine the population of a city or town proposed as the location for a charter school. (g) Private and parochial schools shall not be eligible for charter school status. If members of a charter applicant group are on the governing board or management of a private or parochial school that plans to close or closes around the time of seeking a charter, it creates a rebuttable presumption that the private or parochial school seeks charter status for the purpose of securing public funding. To rebut this presumption, the applicant group must establish facts sufficient for the Department to determine that funding is not the primary reason they are seeking a charter while the private or parochial school is closing. In making a determination, the Department will compare the governance, management, and other characteristics of the private or parochial school and the governance, management, and other characteristics of the charter school, including but not limited to curriculum, student body, staff, leadership, location, and the financial plan for the school. (7) Conditions for Opening New Charter Schools: Charters shall be awarded subject to the conditions listed in 1.04 (3) and (7) and any additional conditions that the Board or Department may specify. The Board may temporarily waive such conditions and award a charter, provided that the applicant submits adequate written assurance that all such conditions will be met prior to the opening of the charter school. If a new charter school fails to comply with any such specified condition, the Commissioner may prohibit the school from opening. Upon receiving a charter, the charter school must successfully complete the opening procedures process specified by the Department. This process begins with the awarding of a new charter by the Board and ends in the following June when the school submits a draft Accountability Plan to the Department. Opening procedures requirements include, but are not limited to, provision of the following: (a) the terms of the proposed contract, for review and approval, in such cases where the board of trustees intends to procure substantially all educational services from another person or organization; (b) policies and procedures including, but not be limited to, approved bylaws, an enrollment policy, and a recruitment and retention plan; (c) criteria and procedures for suspension and expulsion of students; (d) written documentation that criminal background checks have been performed as required by state law; (e) written documentation that the facilities to be used by the charter school are approved for use as a school by the building inspector in the municipality in which the building is located; (f) written documentation that the facilities occupied by the charter school have been inspected by the Fire Department of the municipality in which the facilities are located; (g) written documentation that approval under M.G.L. c. 148 has been secured from the licensing authority of the municipality in which the building is located if explosives or flammable compounds or liquids are used in connection with courses taught at the school; and (h) written documentation that the school is in compliance with all other applicable federal and state health and safety laws and regulations, including evidence of compliance with any required insurance coverage. (8) Information for Distribution of Public Funds: Upon receiving a charter, all charter schools shall provide the Department with a federal tax identification number issued solely to the charter school, and banking information regarding a bank account solely in the name of the charter school, as required by the State Treasurer for the transfer of public funds. (9) Lowest 10 %: The Commissioner shall annually publish a ranking of all districts that are subject to charter school tuition charges, for the purpose of determining the lowest 10% as specified in M.G.L. c. 71, § 89(i)(2), and (i)(3). Such ranking shall be calculated by determining the average ranks for each district's English language arts, mathematics, and science composite performance index; the percentage of students scoring warning or failing in English language arts, mathematics, and science; the percentage of students scoring advanced in English language arts, mathematics, and science; and student growth percentiles for English language arts and mathematics, using statewide student performance scores released in the two consecutive school years immediately preceding the school year in which applications are submitted. These calculations shall use weighting consistent with the Department's approved methodology for the state accountability system. Districts without data for each component of the calculation will not be included. In the event that all statewide student performance scores were not released in the two consecutive school years immediately preceding the school year in which applications are submitted, such ranking shall be calculated for districts, including those that may lack data for some components, using the two most recent years in which statewide student performance scores were released. Additional charter school seats resulting from a district's designation in the lowest 10% may be awarded by the Board to a new charter applicant, to existing charter schools, or to any combination thereof. The Board may provisionally award seats to new charter applicants and to existing charter schools that will become available in future years pursuant to the schedule set forth in St. 2010, c. 12, § 9, provided, that if a district is no longer in the lowest 10%, any remaining provisional seats may not be used. (10) Seat Availability: In considering an application for the creation or expansion of a regional charter school, the board shall independently assess the availability of seats for each sending district within the proposed region, and may limit the number of students who may be enrolled from each such district.

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Cellphone bans

See also: How does Massachusetts compare to other states on cellphone laws?

Massachusetts is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.

Massachusetts school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

For example, though school boards in Massachusetts are authorized to admit applicants to attend their schools from outside the district as long as there are seats available, a collective bargaining agreement between the Metheun Education Association and the Methuen School Committee requires the committee to make every effort to maintain class sizes of 25 students per classroom.

“ A. 1. The Superintendent agrees to make every reasonable effort to maintain the ratio of students to staff members covered by this Agreement. The Committee and the Association recognize that the pupil/teacher ratio is an essential aspect of quality education in Methuen. Therefore, both parties agree that the class sizes set forth below are considered desirable standards for the maximum number of pupils per class: a. Grammar school classes: 25 (the administrator in determining elementary class size shall consider the number of children with special needs and the nature of such needs.) b. High school: 25 c. Every reasonable effort will be made to maintain manageable claseloads for related service providers. ... ”

Parents' bill of rights

See also: How does Massachusetts compare to other states on Parents' Bills of Rights?

Massachusetts is one of 24 states that does not have a statewide Parents' Bill of Rights.

How does Massachusetts compare to other states?

This section compares Massachusetts' school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

• Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
• Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
• Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
• Five states require school boards to establish local boards to review challenges to library books.
• Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

• School boards in 47 states have authority over disciplinary policy in their district.
• School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
• Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

• School boards in 42 states do not have authority over election timing;
• School boards in five states can choose from limited options when to hold school board elections;
• School boards in two states can choose from a date range when to hold school board elections;
• The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

• 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
• 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
• 3 states do not have laws governing charter school authorization.
• 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.

Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

• 26 states have enacted a statewide Parents' Bill of Rights
• 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development

• Judge upholds Massachusetts law letting students decide to notify parents of gender transition, pronouns (2025): A federal appeals court judge rejected a challenge on February 18, 2025, to the Massachusetts law allowing students to choose whether or not schools should notify their parents about gender transitions and their choice of new names and pronouns.

• Bill to require school district policies for handling book removal introduced in Massachusetts (2024): Massachusetts Senate Bill 2839 was introduced on July 2, 2024, that would require Massachusetts school districts to develop a policy for selecting school book materials as well as responding to attempts to remove or restrict library materials. Districts' policy for book selection must require the books to be age-appropriate; serve an educational purpose; and be based on professional training rather than personal opinions or doctrinal views. The books must also align with the parameters set by the American Library Association. The bill sets policy requirements for book removal that include notice, public hearings, and consultation with teachers. Massachusetts legislators did not vote on the bill before the legislative session ended.

• Massachusetts State Board of Education approves new physical and sexual education curriculum guidelines (2023): The Massachusetts State Board of Education approved a new physical and sexual education curriculum framework for preschool through 12th grade, which aimed to incorporate lessons on gender and sexuality into the framework, on September 19, 2023. The state’s previous framework for sex education had been in effect since 1999. The approved guidelines were not mandatory for local school districts but served as a guideline for physical and sexual education curriculum development.

• Massachusetts senate passes sex education curriculum (2024): The Massachusetts State Senate passed SB 2694 on March 6, 2024, to update the state’s sex education curriculum. The bill proposed requiring “medically accurate, age-appropriate, comprehensive sexual health education” and includes topics of consent, gender expression, gender identity, and sexual orientation, according to the bill's text.

• Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

See also

• Local school board authority across the 50 states
• K-12 curriculum authority, requirements, and statutes in the states
• State policies on cellphone use in K-12 public schools
• Rules governing school board election dates and timing
• Charter schools
• School choice
• Parents' Bill of Rights in education
• Ballotpedia:Index of Contents
• Support our work

Footnotes

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