Massachusetts Opens Historical Records on Disabled Persons’ Abuse

Massachusetts has taken a significant step towards transparency by unsealing records related to the abuse of individuals with intellectual and developmental disabilities in state institutions. A new law, passed in November 2025, provides unprecedented access to these records for families and researchers, shedding light on the harrowing experiences endured by generations of disabled individuals in state care.

The legislation, developed after years of advocacy, is estimated to open more than 10 million records. According to Alex Green, a disability justice advocate involved in the effort, this initiative aims to give families the right to understand their loved ones’ histories and to confront the atrocities that have occurred in these institutions. “The argument is that family members have a right to see that information, know it, and safeguard it,” Green stated.

Massachusetts has a long history of operating institutions for those deemed “feeble-minded,” beginning with the establishment of the Fernald School in 1848. This institution continued to operate until 2014, and its legacy, along with that of others like Pennhurst in Pennsylvania and Willowbrook in New York, helped ignite a national movement towards deinstitutionalization during the mid-20th century. Reports of abuse and neglect at these facilities highlighted the need for reform, ultimately leading to significant legislative changes, including the Developmental Disabilities Assistance and Bill of Rights Act signed into law in 1975.

Despite progress in the treatment of disabled individuals, advocates express concern over a resurgence of harmful stereotypes and language that could threaten these advancements. In recent years, some political figures, including former President Donald Trump, have employed outdated terminology and policies that risk reverting to harmful practices of institutionalization. Green warns that these trends underscore the importance of the newly opened records, stating, “Around us, the pressure is rising to institutionalize more and more disabled people.”

The Special Commission on State Institutions, established in 2023, played a crucial role in advocating for this legislation. Its purpose was to examine the historical context of forced institutionalization and its ongoing impact on disabled individuals in Massachusetts. Anne Fracht, co-chair of the commission and self-advocacy associate at the Harvard Law School Project on Disability, emphasized the need for society to confront its past. “People should look back and say, ‘This is what my loved one faced,’” she noted.

The records made accessible under the new law will allow family members and researchers to access information 50 years after a resident’s death, while the general public will gain access after 75 years. Additionally, a moratorium has been placed on the destruction of records related to these institutions, ensuring that crucial documentation is preserved.

The legislation follows comprehensive recommendations issued by the Special Commission in May 2025. Governor Maura Healey signed the new law as part of a supplementary budget measure, reflecting a commitment to honor the memories of those who suffered within the system.

Green highlighted the emotional significance of these records. “They have drawings and artwork by people who were detained in state schools for their whole lives,” he explained. “These records humanize these individuals in ways that resist and reject our ability to say that institutionalization is a good thing.”

As families begin to uncover the stories of their loved ones, the impact of this legislation is already being felt. State Senator Michael J. Barrett, who championed the cause, shared his personal experience of discovering his great-grandmother’s lengthy institutionalization. He noted that the law facilitates understanding and acknowledgment of the past, reinforcing the notion that these histories hold value.

While the newly passed legislation marks an important victory for disability rights advocates, many recommendations from the Special Commission remain unfulfilled. Among these are proposals for establishing a museum and memorials to remember the thousands who were institutionalized, as well as a formal apology from the governor for past injustices.

With only one-third of the burial grounds associated with these institutions restored, the need for meaningful memorialization is urgent. Many individuals were buried without identification, underscoring the systemic neglect they faced.

Fracht reiterated the importance of remembering these stories, stating, “A disability doesn’t mean you shouldn’t be respected and remembered.” The ongoing work of the Special Commission is seen as vital, with Barrett advocating for its continuation to ensure that the issues surrounding disability rights remain at the forefront of societal awareness.

As Massachusetts takes these steps toward accountability and healing, advocates hope this will set a precedent for other states to follow, ensuring the rights and dignity of disabled individuals are upheld.