Massachusetts General Laws

Mass. Gen. Laws ch. 76, § 5 (2026)

Place of attendance; violations; discrimination

✓ current as of July 2026

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[ Text of section effective until August 5, 2025. For text effective August 5, 2025, see below.]

Section 5. Every person shall have a right to attend the public schools of the town where he actually resides, subject to the following section. No school committee is required to enroll a person who does not actually reside in the town unless said enrollment is authorized by law or by the school committee. Any person who violates or assists in the violation of this provision may be required to remit full restitution to the town of the improperly-attended public schools. No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation.

Chapter 76: Section 5. Place of attendance; violations; discrimination

[ Text of section as amended by 2025, 14, Sec. 31 effective August 5, 2025. For text effective until August 5, 2025, see above.]

Section 5. Every person shall have a right to attend the public schools of the town where he actually resides, subject to the following section. No school committee is required to enroll a person who does not actually reside in the town unless said enrollment is authorized by law or by the school committee. Any person who violates or assists in the violation of this provision may be required to remit full restitution to the town of the improperly-attended public schools. No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin, immigration or citizenship status, disability or sexual orientation.

Notes of Decisions

Cited in 30 cases (7 in the last 5 years), 1965–2025 · leading case: Doe v. D'agostino, 367 F. Supp. 2d 157 (D. Mass. 2005).

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Doe v. D'agostino, 367 F. Supp. 2d 157 (D. Mass. 2005). · cites it 6× “Mass. Gen. Laws ch. 76, section 5 Plaintiffs claim that D’Agostino’s alleged abusive acts violated Minor Plaintiffs rights under Mass.”

Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). “272, § 98 (public accommodation); G. L. c. 76, § 5 (public education). See also, e.”

Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016). · cites it 2× “272, § 98 and Mass. Gen. L. c. 76, § 5. D. 8 ¶¶ 152-155.”

Doe v. Acton-Boxborough Reg'l Sch. Dist., 468 Mass. 64 (Mass. 2014). · cites it 6× “his case presents two questions of State constitutional and statutory law: first, whether the daily recitation of our Nation’s pledge of allegiance (pledge) in the defendants’ schools violates the plaintiffs’ equal protection rights under the Massachusetts Constitution, because…”

Attorney Gen. v. Massachusetts Interscholastic Athletic Ass'n, 393 N.E.2d 284 (Mass. 1979). · cites it 2× “The plaintiffs prayed a declaration that the quoted rule violates the Massachusetts Equal Rights Amendment (ERA) 4 as well as G. L. c. 76, § 5, 5 and regulations promulgated under that statute, 6 and requested corre *345 sponding injunctive relief.”

Comfort v. Lynn Sch. Comm., 418 F.3d 1 (1st Cir. 2005). “” Mass. Gen. L. ch. 76, § 5. Although both of these provisions speak in absolute terms, the SJC did not treat them as automatically invalidating the gender-based prohibition at issue.”

Foote v. Ludlow Sch. Comm., 128 F.4th 336 (1st Cir. 2025). · cites it 2× “See Mass. Gen. Laws ch. 76, § 5 (effective July 1, 2012).”

Comfort Ex Rel. Neumyer v. Lynn Sch. Comm., 283 F. Supp. 2d 328 (D. Mass. 2003). · cites it 2× “” At the time, Chapter 76, § 5 provided — in language later mirrored in Article 111 — that “No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public…”

John Doe v. Cambridge Pub. Schs.., 101 Mass. App. Ct. 482 (Mass. App. Ct. 2022). · cites it 2× “; (2) discrimination based on race, in violation of G. L. c. 76, § 5, and 42 U.S.C. § 2000d; (3) discrimination based on sex in violation of G.”

City of Worcester v. Labor Relations Comm'n, 438 Mass. 177 (Mass. 2002). “They must “inquire into” cases involving discrimination in admission to public school (G. L. c. 76, § 5), tuition payments for nonresident children (G.”

Opinion of the Justices to the Senate, 366 N.E.2d 733 (Mass. 1977). · cites it 2× “The bill if enacted would suspend the operation of G. L. c. 76, § 5, as amended through St. 1973, c.”

Leonard v. Sch. Comm. of Attleboro, 212 N.E.2d 468 (Mass. 1965). “” G. L. c. 76, § 5. Alvord v. Chester, 180 Mass.”

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