In OneLaw’s March newsletter, Attorney Hahn writes about residency and the right to a public school education, we begin a new periodic feature highlighting an organization of interest in one of our fields with a profile of Massachusetts Advocates for Children, and there is a reminder we represent clients in Department of Children and Families matters. We also welcomed Attorney Fahim Gulamali to the team a full-time attorney focusing on education law and litigation matters.
Read the full March 2026 newsletter HERE.
A text version is below.
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March 2026
Spring is upon us and the tulips and daffodils can’t pop soon enough. At least the Celtics are humming along nicely!
At OneLaw, we recently welcomed Attorney Fahim Gulamali to the team. He is our new full-time attorney focusing on education law and litigation matters.
In our newsletter this month, I write about residency and the right to a public school education, we begin a new periodic feature highlighting an organization of interest in one of our fields with a profile of Massachusetts Advocates for Children, and there is a reminder we represent clients in Department of Children and Families matters.
As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.
Peter A. Hahn, Esq. Principal Attorney
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Welcome FAHIM GULAMALI to OneLaw as our newest attorney focusing on education law and litigation matters.
Attorney Gulamali is devoted to advocating for clients with the skill and experience of a seasoned trial attorney. He is a graduate of University of Miami School of Law and Wake Forest University.
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Residency and the Right to a Public School Education
by Peter A. Hahn
Pursuant to Massachusetts General Laws chapter 76, section 5: “Every person shall have a right to attend the public schools of the town where he actually resides . . . .” That sounds pretty straightforward but disputes still arise when public school districts challenge the residency of a student.
Legally, where a person resides is usually the place where his home is located, and home is the place where a person dwells and which is the center of his domestic, social, and civil life. See, e.g., Teel v. Hamilton-Wenham Regional School Dist., 13 Mass.App.Ct. 345, 348 (1982).
Public school districts typically have policies on residency and occupancy for registering a student that require production of certain documents and information, like a birth certificate, deed or lease, and recent utility bill. These policies are generally valid. However, once the child establishes residency, the school system must enroll and educate the student.
School districts may get suspicious of situations where families have multiple homes or addresses, or where children move from another town or school district for a perceived advantage (like for sports, academics, or exam schools) and without a history of being in the new school system. School districts will investigate and sometimes even hire investigators.
When there is a dispute about residency, hopefully a parent can work it out with the school district to clarify any misunderstanding. If not, they may need to seek assistance from the Department of Elementary and Secondary Education or even go into Superior Court and seek a preliminary injunction to enforce the law.
Of note, this law applies to the right of all students to receive a public school education and is technically separate and distinct from special education law.
Contact OneLaw if you encounter a situation like this, or for any education law matter.
Attorney Peter A. Hahn represents clients in a range of education law matters and beyond. He is the Founder and Managing Attorney of OneLaw.
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MASSACHUSETTS ADVOCATES FOR CHILDREN
Massachusetts Advocates for Children’s mission is to remove barriers to educational and life opportunities for children and youth.
They do so by advocating for and partnering with students and families; transforming school cultures to be inclusive, safe and supportive; and creating systemic change so all children and youth can learn, reach their potential, and thrive.
They focus their advocacy on children and youth who face significant barriers, inequities, and/or discrimination because of their economic status, disability, race, ethnicity/culture, immigration status, English Learner status, and/or traumatic life experiences. For more information, visit their website at Massachusetts Advocates for Children (https://www.massadvocates.org/) .
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DEPARTMENT OF CHILDREN AND FAMILIES
The Department of Children and Families is the child welfare agency in Massachusetts tasked with investigating allegations of caretaker abuse and neglect of minor children, supervising families where there is a viable concern from DCF’s perspective, and placing children in foster care and for adoption if the circumstances warrant.
Parents and caretakers may seek legal assistance if they are being investigated by DCF, using the Fair Hearing appeal process to contest an adverse decision, or find themselves in court with DCF involved. DCF may take or be granted custody of a child so a lot is at stake.
Reach out to OneLaw if there is a 51A report alleging abuse or neglect filed with DCF or if a DCF social worker reaches out to you with questions.
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OneLaw represents clients in education, estate planning, residential real estate, civil rights, disability, family law, criminal and victim rights, discrimination, special needs planning, guardianship, Juvenile Court, child welfare, probate administration, Title IX, HPO/RO, and related matters.