A federal appeals court has shut down a challenge to a Massachusetts rule that requires publicly funded special-education services for private-school students to be delivered off campus, at public schools or other neutral locations. The First Circuit upheld a lower court's dismissal of the lawsuit, leaving the regulation in place. Parents who sued say the rule makes it harder for children with disabilities to get help where they actually learn.
As reported by The Boston Globe, the appeals panel said the families described an “increased logistical burden,” not a constitutional violation, and affirmed dismissal on that basis. The case was brought by parents in Brookline and Brighton whose children attend private religious schools and qualify for state special-education services.
What the rule requires
Under state rules, 603 CMR 28.03(1)(e)(3) directs that services paid for with state or local funds for students placed in private schools by their parents must be provided in a public-school facility or another public or neutral site, not inside the private school itself. The Board of Elementary and Secondary Education issues this regulation, and the Department of Elementary and Secondary Education enforces it, including through potential withholding of funds if districts refuse to comply.
Families' complaint
Plaintiffs Ariella and David Hellman of Brookline and Josh Harrison and Miriam Segura-Harrison of Brighton say the placement rule forced tough choices about where to enroll their children, according to ij.org. The complaint describes children being pulled out of class and shuttled to other locations for services, a setup parents say is disruptive, stigmatizing and often unworkable for families with rigid job schedules. The filing argues that the rule effectively denies meaningful access to services for students whose parents opt for private school.
What the court said and families' reaction
The First Circuit panel acknowledged that parents have a constitutional right to direct their children's education, but said that right does not entitle them to government services on their preferred terms. The regulation, the court wrote, “merely defines the terms” on which the state will provide publicly funded services, according to The Boston Globe. David Hodges, the families' attorney, told the Globe the parents were disappointed and plan to seek review from the U.S. Supreme Court.
Federal context
Federal guidance from the U.S. Department of Education advises that, unless there is a strong reason to do otherwise, services for students placed in private schools by their parents should generally be delivered on-site to avoid unnecessary disruption. Advocates and many special-education lawyers often point to that guidance when criticizing off-site rules that require children to leave their schools to receive services.
Case status and next steps
The appeal appears on the First Circuit docket as Justia. Oral argument took place in Boston on Dec. 1, 2025, and the panel issued its opinion this month. With judgment now entered, the families may petition the U.S. Supreme Court for review, a discretionary step that Hodges says they intend to pursue.
What this means for families in Massachusetts
For the moment, school districts will continue providing state-funded services off campus for students whose parents choose private schools, unless state regulators change the rule or courts later strike it down. Families who disagree with where services are delivered still have administrative options through DESE and the Bureau of Special Education Appeals, which maintain guidance and complaint processes for parents.
The First Circuit's decision keeps Massachusetts' off-site placement rule in place for now and sets the stage for a potentially high-profile fight if the families follow through with a Supreme Court petition.
