09/09/2026
Action ‼️ Alert🚨
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To Whom It May Concern:
I respectfully request that DESE recommend, and that the Board of Elementary and Secondary Education initiate, a conforming amendment to 603 CMR 26.00 pursuant to M.G.L. c. 30A and the authority granted by M.G.L. c. 76, § 5.
Effective August 5, 2025, M.G.L. c. 76, § 5 was amended to prohibit exclusion from or discrimination in Massachusetts public education based on disability. The statute now protects students on account of “race, color, s*x, gender identity, religion, national origin, immigration or citizenship status, disability or s*xual orientation.”
However, 603 CMR 26.00, which implements M.G.L. c. 76, § 5, has not been updated and continues to omit disability. The regulation should be amended promptly to conform to the governing statute and to ensure that students, families, districts, and enforcement personnel receive an accurate statement of Massachusetts law.
Specifically, “disability” should be added to 603 CMR 26.01 through 26.08 wherever protected classes are enumerated, including provisions addressing admissions, courses of study, educational guidance, curricula, extracurricular activities, active efforts, nondiscrimination policies, training, complaints, investigations, and corrective action.
Because the amended statute also adds “immigration or citizenship status,” DESE should update 603 CMR 26.00 to incorporate that protected category at the same time.
Thank you for your support in making this change with urgency.