Mass. Gen. Laws » Part I Title XII Chapter 76
Massachusetts General Laws

Mass. Gen. Laws ch. 76, § 1 (2026)

Requirements and exceptions

✓ current as of July 2026
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Section 1. Every child between the minimum and maximum ages established for school attendance by the board of education shall, subject to section fifteen, attend a public day school in the town the student resides, or some other day school approved by the school committee, during the number of days required by the board of education in each school year, unless the child attends school in another town, for said number of days, under sections six to twelve, inclusive, or attends an experimental school project established under an experimental school plan, as provided in section one G of chapter fifteen, but such attendance shall not be required of a child whose physical or mental condition is such as to render attendance inexpedient or impracticable subject to the provisions of section three of chapter seventy-one B or of a child granted an employment permit by the superintendent of schools when such superintendent determines that the welfare of such child will be better served through the granting of such permit, or of a child who is being otherwise instructed in a manner approved in advance by the superintendent or the school committee. The superintendent of schools may transfer to any specialized type of school on a full-time basis any child who possesses the educational qualifications enumerated in this section and in the opinion of the superintendent would be benefited by such transfer. The superintendent, or teachers in so far as authorized by him or by the school committee, may excuse cases of necessary absence for other causes not exceeding seven day sessions or fourteen half day sessions in any period of six months. Absences may also be permitted for religious education at such times as the school committee may establish; provided, that no public funds shall be appropriated or expended for such education or for transportation incidental thereto; and provided, further, that such time shall be no more than one hour each week. For the purposes of this section, school committees shall approve a private school when satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town; but shall not withhold such approval on account of religious teaching, and, in order to protect children from the hazards of traffic and promote their safety, cities and towns may appropriate money for conveying pupils to and from any schools approved under this section.

Except as herein provided, pupils who attend approved private schools of elementary and high school grades shall be entitled to the same rights and privileges as to transportation to and from school as are provided by law for pupils of public schools and shall not be denied such transportation because their attendance is in a school which is conducted under religious auspices or includes religious instruction in its curriculum. Each school committee shall provide transportation for any pupil attending such an approved private school within the boundaries of the school district, provided, however, that the distance between said pupil's residence and the private school said pupil attends exceeds two miles or such other minimum distance as may be established by the school committee for transportation of public school students. Any school committee which is required by law to transport any pupil attending an approved private school beyond the boundaries of the school district shall not be required to do so further than the distance from the residence of such pupil to the public school he is entitled to attend.

The school committee of each town shall provide for and enforce the school attendance of all children actually residing therein in accordance herewith.

Notes of Decisions
Cited in 53 cases (2 in the last 5 years), 1927–2025 · leading case: Attorney Gen. v. Sch. Comm. of Essex, 439 N.E.2d 770 (Mass. 1982).
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Attorney Gen. v. Sch. Comm. of Essex, 439 N.E.2d 770 (Mass. 1982). · cites it 15× “The Attorney General brought this action in the Superior Court for declaratory and injunctive relief to *327 enforce the provisions ofG.L.c.76, § 1, which requires the school committee of the town of Essex to provide to residents of Essex attending private school in fulfilment…”
Care & Prot. of Charles, 504 N.E.2d 592 (Mass. 1987). · cites it 22× “On the contrary, G. L. c. 76, § 1 (1984 ed.), states that “[t]he school committee of each town shall provide for and enforce the school attendance of all children actually residing therein in accordance herewith.”
Attorney Gen. v. Bailey, 436 N.E.2d 139 (Mass. 1982). · cites it 8× “To determine which children are complying with the compulsory attendance law, the school committee must identify all children attending private schools, both secular and religious.”
New Life Baptist Church Academy v. Town of East Longmeadow, 666 F. Supp. 293 (D. Mass. 1987). · cites it 40× “76, § 1 ("M.G.L. c. 76, § 1”). A school committee must approve a private school when satisfied that the instruction in certain subjects equals in thoroughness, efficiency, and progress that in the public schools in the same town.”
Morgan v. Town of Lexington, 823 F.3d 737 (1st Cir. 2016). · cites it 2× “did not show up to school on January 4, 2012, as required by state law, see Mass. Gen. Laws ch. 76, § 1 , Principal Flynn directed at least one officer of the Lexington Police Department to go to R.”
Brunelle v. Lynn Pub. Schs., 433 Mass. 179 (Mass. 2001). · cites it 5× “In this declaratory action, the plaintiffs asserted that the home visit requirement deprived them of their statutory rights under *181 G. L. c. 76, § 1, 3 and certain provisions of the Massachusetts Constitution.”
Murphy v. Sch. Comm. of Brimfield, 389 N.E.2d 399 (Mass. 1979). · cites it 12× “Relying on G.L.c. 76, § 1, as amended through St. 1971, c.”
Fedele v. Sch. Comm. of Westwood, 587 N.E.2d 757 (Mass. 1992). · cites it 8× “Ursuline Academy is an approved private school within the meaning of G. L. c. 76, § 1 (1990 ed.), but it is not wjthin the West-wood school district.”
McDuffy v. Sec'y of the Exec. Off. of Educ., 615 N.E.2d 516 (Mass. 1993). · cites it 2× “71, §§ 1 and 2, mandate basic curriculum requirements in the schools [85] ; G.L.c. 76, § 1, contains compulsory school attendance requirements; G.”
Bd. of Educ. v. Sch. Comm. of Quincy, 612 N.E.2d 666 (Mass. 1993). · cites it 4× ““The Board interprets G. L. c. 76, §§ 1 et seq., to require school committees to provide a public education to all children between the mandatory school attendance ages of six (6) and sixteen (16), including students who have been excluded from a public school setting for…”
Buster v. George W. Moore, Inc., 438 Mass. 635 (Mass. 2003). “512, 519 (1998) (Brunelle I), we held that the school committee’s refusal to approve the plaintiffs’ home schooling plan violated their right to educate their children at home pursuant to G. L. c. 76, § 1. After Brunette I was decided, the parents filed a motion under the act…”
Commonwealth v. Buccella, 751 N.E.2d 373 (Mass. 2001). · cites it 2× “We also note that school attendance is compulsory, G. L. c. 76, § 1, and that students handing in schoolwork to their teachers are not doing so in a manner that is entirely voluntary.”
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