Payano-Led Law Keeps Immigrant, Disabled Student Protections in the Event of Fed Changes

Sen. Pavel M. Payano with Massachusetts Advocates for Children at the State House. (Courtesy photograph.)

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A new law, championed by Sen. Pavel M. Payano, guaranteeing public education for immigrant and disabled students in the state, was signed by Gov. Maura Healey last Wednesday.

Payano said the bill he sponsored in the Senate with Sen. Sal DiDomenico cements existing national protections that could be threatened by future federal rollbacks.

“This new law affirms the right to a public education regardless of whether you are an immigrant or disabled student, because every child in our Commonwealth deserves that guarantee,” Payano said. “We have learned in recent years that we cannot rely upon Supreme Court decisions or federal guidelines to continue to uphold essential rights that our constituents rely upon.”

The bill was attached to a supplemental budget Healey signed into law.

The law covers students with disabilities and immigrant students that is currently upheld by the 1982 U.S. Supreme Court decision in Plyler v. Doe; keeps special education protections for English learners with disabilities, preserving 2015 federal guidance; requires the state Department of Elementary and Secondary Education develop regulations to ensure school interpreters are qualified and trained; prohibits inappropriate or inequitable school exclusions of students with disabilities when behaviors are linked to their disability; and protects parents’ rights to fully engage in their child’s education by ensuring they are not discouraged by schools from seeking English learning services.

The legislation was championed by Massachusetts Advocates for Children, who gathered at the State House to celebrate its passage.

“The enactment of this bill is a testament to our state’s commitment to education as a powerful means for ensuring equity regardless of immigration status, language or disability,” said agency Legal Director Diana Santiago.

The bill also led in the House by Leaders Alice Peisch and Frank Moran and received support from the Joint Committee on Education, chaired by Sen. Jason Lewis and Rep. Kenneth Gordon, as well as from Education Secretary Patrick Tutwiler.

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