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Section 37H, section 37H-1/2, and section 37H-3/4 of chapter 71 of the Massachusetts General Laws and M.G.L. chapter 76, section 21 are the main statutes regarding discipline of public schools students. The related Code of Massachusetts Regulations is 603 C.M.R. 53.00. There are separate but related laws that apply to special education students. Each statute is described in more detail below.
M.G.L. chapter 71, section 37H contains a number of provisions related to the potential discipline of public school students.
First, the statute authorizes every school district to have a student handbook setting forth the rules pertaining to the conduct of students.
Second, the statute requires that students be subject to expulsion or suspension for being on school premises or at school-sponsored or school-related events in possession of a dangerous weapon or a controlled substance, or assaulting educational staff on school premises or at school-sponsored or school-related events.
Third, the statute outlines due process procedures and timelines for a hearing before the principal and any subsequent appeal to the superintendent.
Fourth, the statute makes clear: “[a]ny school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion”.
M.G.L. chapter 71, section 37H-1/2 contains a number of provisions related to the potential discipline of public school students who are charged with a criminal or delinquency offense in court.
First, the statute provides that students can be suspended from school if charged with a felony in court and the student’s continued presence at school would have a substantial detrimental effect on the general welfare of the school. This may be a criminal case as an adult, or a juvenile delinquency or youthful offender matter as a minor.
Second, the statute provides that students can be expelled from school if convicted or adjudicated delinquent of a felony in court and the student’s continued presence at school would have a substantial detrimental effect on the general welfare of the school.
Third, the statute outlines due process procedures and timelines for a hearing before the principal and any subsequent appeal to the superintendent.
Fourth, the statute makes clear: “[a]ny school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion”.
M.G.L. chapter 71, section 37H-3/4 is a catch-all statute that contains a number of provisions related to the potential discipline of public school students whose situations are not covered by sections 37H or 37H-1/2.
First, the statute provides that, when deciding consequences for the student, a principal needs to consider ways to re-engage the student in the learning process and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented unless there are specific reasons why such alternative remedies are unsuitable or counter-productive, and in cases where the student’s continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury or other serious harm upon another person while in school. Examples of alternative remedies are mediation, conflict resolution, restorative justice, and collaborative problem solving.
Second, the statute requires certain due process procedures and timelines for a meeting or hearing for disciplinary decisions covered by this section and any subsequent appeal to the superintendent for a suspension or expulsion for more than 10 school days for a single infraction (or for more than 10 school days cumulatively for multiple infractions in any school year).
Third, the statute states that: “No student shall be suspended or expelled from a school or school district for a time period that exceeds 90 school days, beginning the first day the student is removed from an assigned school building.”
Under M.G.L. chapter 76, section 21, all public school students have the right to continue a limited form of education while suspended or expelled:
“Principals and headmasters shall ensure that students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, shall have an opportunity to make academic progress during the period of suspension, to make up assignments and earn credits missed including, but not limited to, homework, quizzes, exams, papers and projects missed. Principals shall develop a school-wide education service plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. Principals shall ensure these students have an opportunity to make academic progress during the period of suspension or expulsion, to make up assignments and earn credits missed, including, but not limited to, homework, quizzes, exams, papers and projects missed. Education service plans may include, but are not limited to, tutoring, alternative placement, Saturday school, and online or distance learning. In developing the education service plan, principals may seek the cooperation or input of relevant health and human service, housing and nonprofit agencies education collaboratives, and other service providers. Any school or school district that expels a student or suspends a student for more than 10 consecutive school days shall provide the student and the parent or guardian of the student with a list of alternative educational services. Upon selection of an alternative educational service by the student and the student’s parent or guardian, the school or school district shall facilitate and verify enrollment in the service.”
Students with IEPs have additional rights to continuing special education while facing an exclusion from school for disciplinary reasons.
Within 10 school days of a special education student being removed from his placement due to a violation of the student code of conduct, the special education Team must meet for a manifestation determination. The days can be consecutive or cumulative within the school year. The Team must decide whether the conduct in question was caused by or had a direct and substantial relationship to the child’s disability, or if the conduct in question was the direct result of the school’s failure to implement the IEP. If so, the school must return the student to the placement from which he was removed, conduct a functional behavioral assessment, and implement or modify a behavior intervention plan. If not, regular disciplinary procedures apply but the student must continue to receive educational services to enable the child to continue to participate in the general education curriculum (although in another setting) and to progress toward meeting the goals set out in the child’s IEP.
School personnel may remove a student to an interim alternative educational setting (IAES) for not more than 45 school days even if the behavior is determined to be a manifestation of the child’s disability if the student carries or possesses a weapon to or at school, on school premises, or to or at a school function; possesses, uses, sells, or solicits illegal drugs while at school, on school premises, or at a school function; or inflicts serious bodily injury upon another person while at school, on school premises, or at a school function.
See 20 U.S.C. 1415(k)(1).
The brief answer is no. Private schools must follow their own policies and procedures, which are usually described in a handbook or code of conduct. This applies to elementary and secondary schools as well as colleges and universities. And there are other laws that may apply to private schools, such as Title IX if the school receives federal funding and certain anti-discrimination laws. Legal advice is important to ensure schools comply with their own procedures and follow laws that do apply to them. Legal representation at any meeting or hearing with a decisionmaker can also be decisive.
OneLaw represents students in all types of disciplinary hearings in public and private schools, from primary and secondary schools to colleges and universities.
We educate you on the process, comprehensively prepare for the hearing, and fight to get you back on track, including pursuing an appeal if necessary.
There are specific laws that apply to public schools, special education students, private schools, and higher education. Often there are collateral legal issues that must be considered as well.
You may be facing anything from grade reduction to suspension or expulsion, and having knowledgeable and experienced representation is essential to ensuring your record remains clean and your educational future is not in jeopardy.