School Law in Massachusetts
Comprehensive treatment, practical guidance
- Product Number: 2030310EBK
- Publication Date: 5/16/2022
- Edition: 4th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
School Law in Massachusetts is a comprehensive and highly practical guide to the wide range of legal issues surrounding public elementary and secondary schools in Massachusetts. The book sets out the essential information for each topic using numerous easy-to-access headings, lists, examples, Web references, and exhibits. Frequent practice notes explain the best approaches for practitioners, and special commentary addresses diversity, equity, and inclusion (DEI) issues in school law practice. Among the topics covered are school governance and regulation; employment and labor issues; student issues (such as safety and discipline, student assessment, and use of technology); special education; tort liability; and school finance. The book's exceptional materials on special education include an overview of the applicable law, a discussion of practice before the Bureau of Special Education Appeals, and a review of approaches to advocacy on behalf of both students and school districts.
Recent updates:
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Update: May 2022
Dear Subscriber:
Thank you for updating your library with the fourth edition of School Law in Massachusetts. This latest version of the book brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the many topics addressed in this edition include
- amendments to Massachusetts Department of Elementary and Secondary Education (DESE) regulations concerning in-person instruction, use of masks, and student competency testing;
- an executive order and new legislation revising Open Meeting Law procedures during the COVID-19 pandemic;
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identification of new and updated resources for school law practitioners, including guidance on
- compensatory education in cases where special education services were interrupted by the COVID-19 pandemic, vocational technical schools, charter schools, and dyslexia (DESE);
- hate and bias incidents (Office of the Massachusetts Attorney General);
- the interaction between long COVID and the development of individualized education plans (IEPs) (U.S. Department of Education (DOE)); and
- discrimination based on sexual orientation and gender identity (the DOE's Office for Civil Rights);
- changes in hiring practices—particularly concerning inquiries about an applicant's salary or benefits history—imposed as a result of the Massachusetts Pay Equity Act;
- a commission to develop a model memorandum of understanding regarding the role of school resource officers in promoting public safety and security;
- an Appeals Court decision requiring that public employers engage in impact bargaining over the criteria and procedures used to determine fitness for duty;
- amendments to the DOE's Title IX regulations;
- the use of student records in addressing public health and safety emergencies;
- an opinion by the U.S. Court of Appeals for the First Circuit concluding that Snapchat commentary about bullying behavior warranted a suspension where it "fostered an environment" that encouraged other students to participate in bullying;
- a U.S. Supreme Court decision recognizing First Amendment protection for a student's profane off-campus criticism of her school's cheerleading squad and softball team;
- procedures for Board of Special Education Appeals hearings and Individuals with Disabilities Education Act team meetings during the COVID-19 pandemic; and
- numerous cases on the tort liability of schools and school employees.
With this fourth edition, MCLE has introduced commentary by attorney Tere Ramos addressing diversity, equity, and inclusion (DEI) issues arising in the context of school law. Distributed throughout selected chapters, Ms. Ramos's commentary addresses issues such as disabilities, language barriers, racial and cultural biases, microaggressions, and power imbalances.
We trust you will find this latest version of School Law in Massachusetts an invaluable resource for your busy practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: May 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandTypes of Schooling Available
Buy ChapterChecklist 1.1
- Commonwealth and Horace Mann Charter Application for New Operators Buy FormExhibit 1A
- Advisory on Interdistrict School Choice Pursuant to G.L. c. 76, § 12B Buy FormExhibit 1B
- Guidelines for the Vocational Technical Education Program Nonresident Student Tuition Process Pursuant to M.G.L. c. 74 Buy FormExhibit 1C
- Massachusetts Department of Elementary and Secondary Education Advisory on Approval of Massachusetts Private Schools Pursuant to Mass. Gen. Laws c. 76, § 1 Buy FormChapter 2 expandPowers and Responsibilities of the School Committee
Buy ChapterChapter 3 expandThe State and Federal Roles in Massachusetts Public Schools
Buy ChapterChapter 4 expandCollective Bargaining in Public Education
Buy ChapterChapter 5 expandEmployment Issues Involving School Employees in General
Buy ChapterChecklist 5.1
- Checklist of Required Elements of Sexual Harassment Policies Buy FormChapter 6 expandEmployment Issues Involving Teachers
Buy ChapterExhibit 6A
- Decisions Addressing Procedural Issues Arising in Connection with Teacher Dismissal and Nonrenewal Buy FormExhibit 6B
- Internet Sites Buy FormExhibit 6C
- Decisions Involving the Best Interest Standard—Teachers Retained Buy FormExhibit 6D
- Decisions Involving the Best Interest Standard—Teachers Dismissed Buy FormExhibit 6E
- Decisions Addressing the Elevation of Performance Standards Buy FormExhibit 6F
- Decisions Addressing Allegations of Insubordination Buy FormExhibit 6G
- Decisions Involving Allegations of Conduct Unbecoming Buy FormChapter 7 expandStudent Safety and Discipline in Public Schools
Buy ChapterExhibit 7A
- Decisions Illustrating Analysis of Facts in Cyber Speech Cases Buy FormChapter 8 expandPreventing and Responding to Harassment and Bullying in Public Schools
Buy ChapterChapter 9 expandStudent Enrollment, Curriculum, and Assessment
Buy ChapterChapter 10 expandStudent Records
Buy ChapterChapter 11 expandPublic Schools, Online Speech, and Electronic Devices and Data
Buy ChapterExhibit 11A
- Selected Decisions Addressing Free Speech and Online Student Expression Buy FormExhibit 11B
- Sample Acceptable Use Policy for Staff Buy FormExhibit 11C
- Sample Acceptable Use Policy for Students Buy FormExhibit 11D
- Selected Decisions Addressing Employee Online Speech Outside of Work Buy FormChapter 12 expandAn Overview of Special Education Law
Buy ChapterChecklist 12.1
- Special Education Eligibility Checklist Buy FormChecklist 12.2
- Checklist for Examining the Independent Evaluation Option Buy FormChecklist 12.3
- Services and Placements Checklist Buy FormChecklist 12.4
- Checklist for Special Education Hearings Buy FormExhibit 12A
- IDEA Discipline Outline Buy FormChapter 13 expandSpecial Education: Practice Before the Bureau of Special Education Appeals
Buy ChapterChecklist 13.1
- Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule Buy FormExhibit 13A
- Mediation Letter Buy FormExhibit 13B
- Information on BSEA Mediation Buy FormExhibit 13C
- Hearing Rules for Special Education Appeals Buy FormExhibit 13D
- BSEA Appeals Standing Orders Buy FormExhibit 13E
- Hearing Request Form Buy FormExhibit 13F
- Notice of Hearing Buy FormExhibit 13G
- Advancement/Postponement Request Form Buy FormExhibit 13H
- Statement on the Effect of BSEA Decision and Rights of Appeal Buy FormExhibit 13I
- In-Person Hearing Protocols Buy FormChapter 14 expandSpecial Education: Advocating on Behalf of Students and Parents
Buy ChapterChapter 15 expandSpecial Education: Advocating on Behalf of School Districts
Buy ChapterChecklist 15.1
- Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder Buy FormExhibit 15A
- Technical Assistance Advisory SPED 2014-1: DSM 5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) Buy FormExhibit 15B
- Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder Buy FormExhibit 15C
- Transition Planning Form (TPF) Buy FormExhibit 15D
- Chart Showing Options for Disciplining Children with Disabilities Buy FormExhibit 15E
- Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations Buy FormChapter 16 expandTort Liability of Schools and School Employees
Buy ChapterChecklist 16.1
- Checklist of Actions to Be Taken by a School Employee Sued in Tort Buy FormExhibit 16A
- Motion to Dismiss Count I of Plaintiff’s Complaint Buy FormExhibit 16B
- Memorandum of Law in Support of Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint Buy FormExhibit 16C
- Motion to Amend Track Designation Buy FormExhibit 16D
- Decisions After Brum v. Town of Dartmouth Illustrating Protection to Schools Under G.L. c. 258, § 10(j) Buy FormExhibit 16E
- Petition for Approval of Minor Settlement Pursuant to G.L. c. 231, § 140C½ Buy FormExhibit 16F
- Motion to Impound Complaint and to Use Pseudonyms Buy FormChapter 17 expandBasic Rules of Public School Budgeting and Finance
Buy Chapter - Editors & Authors