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Children and the Law

This guide contains resources available in many areas of law that affect children, such as juvenile justice, child welfare, children requiring assistance, education and health law.

General Information

Children who are involved in the legal system often encounter issues with school access and special education services.  The resources collected here include general guides to school law and special education, as well as Massachusetts specific material.  When beginning your research in a particular area, if you are not familiar with the general legal landscape, you should consult a secondary source, such as the MCLE School Law in Massachusetts  treatise.

Books & Treatises

National Organizations

Massachusetts Organizations

Mass Legal Services - Many helpful resources organized by topic including Education Law, such as:

      Education Resources for Children in Foster Care

Children's Law Center - many helpful resources under Publications, such as:

      Quick Reference on School Discipline

 

Massachusetts Practice Materials

Massachusetts Statute & Regulation

School Law in Massachusetts discusses applicable federal and state statutes and regulations and has a  handy table of Statutes, Rules, and References.  You can use this table in the print volume.  FIND In MCLE

Massachusetts Juvenile Delinquency & Child Welfare Law Sourcebook & Citator also contains selected statutes (Part 1, including Chapters 71 and &1B dealing with Public Schools and Children with Special Needs, and DOE regulations (Part 6).  FIND in MCLE

Agency Material

The Board of Elementary and Secondary Education sets standards and policies for all public elementary and secondary schools in Massachusetts.  The Department of Elementary and Secondary Education is the state agency that implements these policies and state and federal education laws.

The DOE website contains links to information about the Massachusetts school systems, including information on state and federal laws and regulations dealing with special education.  This site also conatins a link to the Bureau of Special Education Appeals (BSEA) web page.  This page contains hearing procedures, links to applicable law, publications, and appeals decisions back to 1998.  

BSEA decisions are available on:

  • Lexis (1993-).  On Lexis Advance, the Special Education Reporter includes all written decisions of the BSEA and commentary on BSEA and appellate-level decisions.  Type "Massachusetts Special Education Reporter" in the main box and add the source to your search.  This is easiest source to search and has coverage farthest back so is the preferred source.
  • Social Law Library database (2007-) 
  • specialeducationlaw.com: A free search engine for Massachusetts Bureau of Special Education Appeals (BSEA) decisions and rulings. 
  • Mass.gov

 

Schools

Sometimes it is necessary to investigate school policies.  These can often be found online on the website of the school but if not you can request information from the institution directly.