Massachusetts General Laws

Mass. Gen. Laws ch. 71, § 34 (2026)

Support of schools; appropriations; recommendations

✓ current as of July 2026

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Section 34. Every city and town shall annually provide an amount of money sufficient for the support of the public schools as required by this chapter, provided however, that no city or town shall be required to provide more money for the support of the public schools than is appropriated by vote of the legislative body of the city or town. In acting on appropriations for educational costs, the city or town appropriating body shall vote on the total amount of the appropriations requested and shall not allocate appropriations among accounts or place any restriction on such appropriations. The superintendent of schools in any city or town may address the local appropriating authority prior to any action on the school budget as recommended by the school committee notwithstanding his place of residence. The city or town appropriating body may make nonbinding monetary recommendations to increase or decrease certain items allocating such appropriations.

The vote of the legislative body of a city or town shall establish the total appropriation for the support of the public schools, but may not limit the authority of the school committee to determine expenditures within the total appropriation.

Notes of Decisions

Cited in 37 cases, 1925–2010 · leading case: Sch. Comm. of Boston v. Boston, 421 N.E.2d 1187 (Mass. 1981).

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Sch. Comm. of Boston v. Boston, 421 N.E.2d 1187 (Mass. 1981). · cites it 20× “On October 10,1980, the plaintiffs filed a complaint in the Superior Court seeking relief pursuant to G. L. c. 71, § 34; G. L. c. 71B, § 5; and G.”

Pirrone v. City of Boston, 305 N.E.2d 96 (Mass. 1973). · cites it 16× “Pursuant to G. L. c. 71, § 34, as appearing in St. 1939, c.”

Massachusetts Teachers Ass'n v. Sec'y of the Commonwealth, 424 N.E.2d 469 (Mass. 1981). · cites it 3× “See G. L. c. 71, § 34, as appearing in St. 1980, c.”

Boston Teachers Union v. Sch. Comm. of Boston, 350 N.E.2d 707 (Mass. 1976). · cites it 2× “14 An area of uncertainty is the proper treatment of a school committee request for the funding of an obligation in a collective bargaining agreement which cannot be determined precisely at the commencement of the term of the agreement (such as the amount necessary to pay…”

North Shore Vocational Reg'l Sch. Dist. v. City of Salem, 471 N.E.2d 104 (Mass. 1984). · cites it 6× “Subsequent amendments to G. L. c. 71, § 34, are irrelevant to this case.”

Sch. Comm. of the City of Lowell v. Mayor of Lowell, 265 Mass. 353 (Mass. 1928). · cites it 3× “In support of this contention, the respondents rely on G. L. c. 71, § 34, whereby it is pro *356 vided that “Towns shall raise by taxation money necessary for the support of public schools as required by this chapter.”

Kerrigan v. City of Boston, 278 N.E.2d 387 (Mass. 1972). · cites it 2× “Therefore, it argues, G. L. c. 71, § 34, was not “operative” in the city within the meaning of the last sentence of G.”

Amherst-Pelham Reg'l Sch. Comm. v. Dep't of Educ., 381 N.E.2d 922 (Mass. 1978). “First, the school committee has made no showing through evidence that funds were unavailable to it to pay for special educational services for this child. 9 Second, the school committee is, by law, given the right to compel appropriations in the amount it deems necessary for…”

Decatur v. Auditor of Peabody, 146 N.E. 360 (Mass. 1925). · cites it 2× “They naturally would all be put upon the same footing. One consideration and one alone puts the school committee with respect to salaries of teachers upon a basis different from *88 that of other municipal departments.”

Superintendent of Schs. v. Mayor of Leominster, 434 N.E.2d 1230 (Mass. 1982). · cites it 4× “580, § 7 (amending G. L. c. 71, § 34), ended this long tradition by eliminating the enforcement mechanism of the ten taxpayer suit to compel school appropriations.”

Callahan v. City of Woburn, 28 N.E.2d 9 (Mass. 1940). · cites it 2× “It was there said, in effect, that one consideration, and one alone, put the school committee, with respect to salaries of teachers, upon a basis different from that of other municipal departments, namely, a provision in G. L. c. 71, § 34, that “Towns shall raise by taxation…”

Urban Transp., Inc. v. Mayor of Boston, 369 N.E.2d 1135 (Mass. 1977). “8 Urban relies on G. L. c. 71, §§ 34, 37C, and 37D, to support its contention that the Boston school committee could execute a valid and binding bus transportation contract without the mayor’s approval.”

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