Legal Question in Education Law in Massachusetts

General Laws Chapter 76, Section 12B

according to the general laws of massachusetts ''General Laws Chapter 76, Section 12B (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.'' now, my friend's sister used to reside in the same comunity as the school then moved to another comunity and they kicked her out of the school she was in. am i right in thinking they've done something illegal? also my friend is worried that she'll b kicked out of her current school for the same reason. am i right in thinking that this is also illegal?


Asked on 12/23/05, 6:52 pm

1 Answer from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: General Laws Chapter 76, Section 12B

The way I read that section of the statue is as follows: Based on the fact that the community accepted a child "at the time" that the individual was not living in the community; therefore, since the school accepted them at the time they lived elsewhere, they cannot then refuse to continue accepting that child.

In your friend's scenerio it sounds like the child was in a school and thereafter, moved. In most towns, usually you attend a public school that is in that district.

Hope this helps clarify the meaning of that section. Sincerely, Maria Murber

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Answered on 12/24/05, 4:56 pm


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