Student Rights in EducationÂ
What is the difference between federal law, state law, and policy guidance?Â
There are different types of laws and guidance that protect immigrant students and families. Federal laws (and U.S. Supreme Court decisions) and state laws are legally binding, meaning schools must follow them.
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State laws can provide more protections in addition to federal protections. If a state law conflicts with a federal law, federal law generally takes priority.
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Guidance from state agencies, such as the Department of Elementary and Secondary Education (DESE), is not legally binding. Instead, it provides recommendations and helps schools understand how to apply the law.
State vs. Federal Law Topics
State
Massachusetts law guarantees every child the right to a public education, regardless of immigration status or disability.
This right comes from the Supreme Court decision in McDuffy v. Secretary of the Executive Office (1993) that requires the state of Massachusetts to provide a public education to every child in every city and town.
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Students are also protected from discrimination in school.
The Massachusetts Student Anti-Discrimination Act protects students from being excluded or discriminated against based on race, gender identity, national origin, and other protected characteristics.
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Massachusetts explicitly protects the right of all students regardless of immigration status or disability to attend public K-12 schools.
In 2025, the Protect Education Equity Act wrote the right to public education, regardless of immigration status or disability, directly into Massachusetts law. This means that even if Plyler v. Doe were ever overturned at the federal level, Massachusetts students would still be protected under state law.
Education Access
Federal
All students, regardless of immigration status, have the right to attend public K-12 schools.
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This right comes from Plyler v. Doe (1982), a Supreme Court ruling that states cannot deny children a free public education based on immigration status. The decision was based on the Fourteenth Amendment's guarantee of "equal protection of the laws" to everyone, not just citizens.
Language Access
State
In Massachusetts, families have the right to language interpretation and translation at school.
The Protect Education Equity Act requires that if a parent's home language is not English, the school district must provide trained, qualified interpreters at school meetings and send all important documents home in the parent's home language.
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Massachusetts law invests in multilingual education.
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The 2017 LOOK Act requires districts to offer English learners a range of academic language program options, including dual-language and bilingual programs, that build strong skills in English while also valuing and developing students' home languages. Districts must offer these expanded program options once they have enough students who share a home language.
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Federal
Every student has the right to a fair education, regardless of what language they enter school speaking.
The Supreme Court ruled in Lau v. Nichols (1974) that schools cannot give students with limited English proficiency instruction they can't understand and call it equal education. Districts must take active steps to teach English learner students English so they can fully participate in class.
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This requirement is also written into federal law.
The Equal Education Opportunity Act (1974) makes it illegal for a school to deny equal educational opportunity to students based on their race, sex, or national origin. Districts must help students overcome language barriers that get in the way of their participation in class.
State
If a family's home language isn't English, the school must provide qualified interpretation and translation.
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Under the Protect Education Equity Act, if a parent's home language is not English, the school district must provide a trained, qualified interpreter at school meetings. Important school documents must also be sent home in the family's home language.
Federal
Every student with a disability has the right to an education built around their needs.
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The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities a free, appropriate public education. This means the specific services and support they need to make meaningful progress, both academically and socially. Schools are required to identify students with disabilities in a timely way, called Child Find, and any parent or guardian, in any school (public, private, or charter), has the right to request a special education evaluation at no cost.
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Immigrant Students With Disabilities
Discipline
State
Massachusetts law requires every school to have a concrete plan to prevent and stop bullying.
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Under state law, schools must create a written Bullying Prevention and Intervention Plan and put it into practice. Schools must actively work to prevent and stop bullying.
Federal
A student with a disability can't be punished for behavior connected to that disability without a review first.
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Under IDEA, if a student with an IEP is suspended, or facing expulsion, for 10 days or more total, the school must hold a Manifestation Determination Review. This is a required meeting to figure out whether the student's behavior was caused by their disability, or by the school failing to follow the student's IEP.