Massachusetts General Laws

Mass. Gen. Laws ch. 76, § 16 (2026)

Children excluded from school; remedies

✓ current as of July 2026

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Section 16. Any pupil who has attained age eighteen, or the parent, guardian or custodian of a pupil who has not attained said age of eighteen, who has been refused admission to or excluded from the public schools or from the advantages, privileges and courses of study of such public schools shall on application be furnished by the school committee with a written statement of the reasons therefor, and thereafter, if the refusal to admit or exclusion was unlawful, such pupil may recover from the town or, in the case of such refusal or exclusion by a regional school district from the district, in tort and may examine any member of the school committee or any other officer of the town or regional school district upon interrogatories.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1965–2025 · leading case: Goodwin v. Lee Pub. Schs., 56 N.E.3d 777 (Mass. 2016).

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Goodwin v. Lee Pub. Schs., 56 N.E.3d 777 (Mass. 2016). · cites it 22× “We conclude that, because the tort recovery a student may seek under G. L. c. 76, § 16, provides a separate and distinct remedy from that available under § 37HÍ4, a statute establishing an expedited process by which a student may seek readmission to school, the plaintiff was not…”

Doe v. D'agostino, 367 F. Supp. 2d 157 (D. Mass. 2005). · cites it 3× “School Committee of Attleboro, however, the Supreme Judicial Court held that Mass. Gen. Laws ch. 76, section 16 provides the exclusive remedy for a pupil seeking damages in tort, when a member of the school committee, principal, or teacher unlawfully excludes a pupil from a…”

Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016). · cites it 2× “Plaintiffs concede that their § 98 claim is not viable, and instead assert that their claim under Mass. Gen. L. c. 76, § 16 is valid. D. 26 at 26.”

Morash & Sons, Inc. v. Commonwealth, 296 N.E.2d 461 (Mass. 1973). “269, § 8), by unlawful exclusion from public schools (G. L. c. 76, § 16), and by defects in the highways (G.”

Bd. of Educ. v. Sch. Comm. of Quincy, 612 N.E.2d 666 (Mass. 1993). “” G. L. c. 76, § 16. Section 17 prohibits a school committee from excluding a child from the public school “without first giving him and his parent or guardian an opportunity to be heard.”

Leonard v. Sch. Comm. of Attleboro, 212 N.E.2d 468 (Mass. 1965). “41, § 11 [predecessor of G. L. c. 76, § 16 2 ]. We think it was intended and must be held to be exclusive of other remedies.”

Grace v. Bd. of Trs., Brooke East Boston (D. Mass. 2022). · cites it 4× “It has also held that Mass. Gen. Laws ch. 76, § 16 , entitled, “Children excluded from school; remedies,” “provides the exclusive remedy for a pupil seeking damages in tort, when a member of the school committee, principal, or teacher unlawfully excludes a pupil from a public…”

Ciaramitaro v. Superintendent of Schs. of Saugus, 406 Mass. 867 (Mass. 1990). · cites it 5× “Ciaramitaro commenced this action against Saugus, seeking damages on the grounds that Saugus (1) unlawfully excluded him from the advantages and privileges of public schools in violation of G. L. c. 76, § 16 (1988 ed.), and (2) violated his civil rights.”

Doe ex rel. Doe v. Yunits, 15 Mass. L. Rptr. 278 (Mass. Super. Ct. 2001). · cites it 3× “The plaintiff observes that, underG.L.c. 76, §16, “(a]ny pupil . . . who has been refused admission to or excluded from the public schools or from the advantages, privileges and courses of study of such public schools .”

S.B. v. Bureau of Special Educ. Appeals (D. Mass. 2024). “submitted a Hearing Request with the BSEA for “[d]enial of FAPE on June 28, 2019 and continued[,]” seeking relief under Mass. Gen. Laws ch. 76, § 16 , Section 504 of the Rehabilitation Act, and Title II of the ADA.”

Haywood v. Fitchburg Pub. Schs. (D. Mass. 2025). “” Mass. Gen. Laws ch. 76, § 16 . For similar reasons as discussed infra, the Amended Complaint fails to do so.”

Martin v. Town of Wilmington, 13 Mass. L. Rptr. 371 (Mass. Super. Ct. 2001). “G.L.c. 76, §16(1998). See, e.g., G.L.c. 76, §5 (prohibiting exclusion from the public schools based on race, sex, religion, or sexual orientation); G.”

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— Mass. Gen. Laws ch. 76, § 16(1998) — 1 case

Martin v. Town of Wilmington, 13 Mass. L. Rptr. 371 (Mass. Super. Ct. 2001). “G.L.c. 76, §16(1998). See, e.g., G.L.c. 76, §5 (prohibiting exclusion from the public schools based on race, sex, religion, or sexual orientation); G.”

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