The U.S. Supreme Court has directed Massachusetts to respond to a legal challenge against a state regulation that prevents children with disabilities from accessing special education services at private schools chosen by their families, according to a new announcement from the Pioneer New England Legal Foundation. The case, Hellman v. Craven, was filed by the Institute for Justice on behalf of two Massachusetts families and targets a rule that forces students to leave their private schools during the day to receive mandated services elsewhere. The Supreme Court's order signals the case has advanced beyond the petition stage, with the state facing a September 21st deadline to file its response.
The disputed Massachusetts regulation bars children with disabilities from receiving legally required special education services on-site at private schools their parents selected, instead requiring them to travel off campus for those services during school hours. The U.S. Court of Appeals for the First Circuit previously upheld the regulation, prompting families to petition the Supreme Court for review. At this early stage—when most petitions receive no outside support—seven amicus briefs were filed by organizations representing fourteen state attorneys general, civil rights and education groups, religious organizations, and a Boston University scholar. The coalition of fourteen states, led by South Carolina and West Virginia, represents nearly 100 million Americans, while five of the seven briefs were written by former Supreme Court law clerks.
Frank J. Bailey, President of the Pioneer New England Legal Foundation, said the state "should not undermine" the guarantee of special education services "simply because parents exercise a constitutional right." The amicus briefs underscore what supporters describe as broader constitutional issues: the right of parents to direct their children's education without losing statutory benefits as a penalty for that choice. According to the fourteen-state coalition's brief, the Massachusetts regulation doesn't merely withhold a service but "uses a child's guaranteed entitlement as leverage to pressure families back into the public school system."
The legal challenge centers on whether states can condition access to special education services—which Massachusetts guarantees to all children—on enrollment in public schools. Supporters of the families argue the regulation effectively punishes parents who choose private education, whether for religious, academic, or other reasons, by making their children leave school mid-day for services that could be provided on-site. The Institute for Justice, which serves as lead counsel, has previously represented parents in educational choice cases four times before the Supreme Court, including in landmark decisions such as Zelman v. Simmons-Harris and Carson v. Makin. The amicus briefs filing at this stage, particularly from a coalition representing nearly half the U.S. population, signals that the petition is being treated as a case with national implications extending beyond Massachusetts.
A decision on whether the Supreme Court will hear the case could arrive as early as this fall, though some cases extend into the following year. After Massachusetts files its September 21st response, the families will have two weeks to submit their reply. If the Court agrees to hear the case, it would mark the latest in a series of Supreme Court battles over the intersection of parental rights, special education law, and school choice—with potential consequences for how states across the country structure special education access for students in private schools.