New PROTECT Act Requires Massachusetts Public K-12 Schools to Adopt Policies and Procedures Concerning Civil Law Enforcement Activities

Governor Maura Healey recently signed into law the new PROTECT ACT¹ which, subject to certain exceptions, prohibits civil arrests, including for federal law enforcement, on public school grounds without a judicial warrant or judicial order.

The PROTECT Act, except in limited circumstances required by state or federal law, prohibits civil arrests, including federal immigration enforcement, on public school grounds during school hours, student drop-off and pick-up windows, during before- and after-school programming, and during school-sponsored events, without a judicial warrant or judicial order.

The PROTECT Act requires that by the earliest of the first day of school or September 1, 2026, Massachusetts public schools, including public charter schools, adopt policies and procedures that address certain procedural elements of the PROTECT Act, including, but not limited to:

• designation of key school contacts, including legal counsel;
• instructions for reviewing, and distinguishing between, judicial warrants and judicial orders;
• processes for school staff to document interactions with civil law enforcement;
• updating School Resource Officer Memoranda of Understanding, if applicable;
• review of Emergency Operations Plans with transportation providers;
• developing and offering culturally responsive counseling and other supports for students and families;
• protection of personally identifiable information and student records, including notice to parents/guardians of the right to opt out of certain directory information;
• notification of a parent or caregiver if a civil law enforcement official requests access to a student or the student’s information; and
• training for staff, students, families, and visitors on best practices for interactions with civil law enforcement and the school’s policies and procedures.

The PROTECT Act does not modify a school’s obligations to comply with other state and federal laws or existing school policies or procedures.  Additionally, nothing in the PROTECT Act prohibits a school from engaging in appropriate cooperation with authorities, including police, fire departments, emergency medical services, child protective authorities, or other public safety officials responding to an emergency, protecting a child from abuse or neglect, or otherwise exercising lawful authority unrelated to civil immigration enforcement. Safety is always paramount, so if there is an imminent physical threat to the safety of a child, staff member, family member, or other person, school staff should not hesitate to call 9-1-1 for assistance. 

If you need assistance with developing and implementing the required PROTECT Act policies and procedures at your school or have any questions regarding the PROTECT Act, please reach out to K&B Education attorneys Bettina Toner (btoner@kb-law.com) and Heather Ducharme (hducharme@kb-law.com).

Krokidas & Bluestein LLP’s Education Law Practice provides a full array of advice and guidance to charter schools and other education entities on a wide range of legal matters, including student discipline, special education, employment, governance, tax, regulatory and compliance matters, real estate, financing, and litigation.

¹ Stat. 2026, c. 163, §§ 1-24.