Section 37H3/4. (a) This section shall govern the suspension and expulsion of students enrolled in a public school in the commonwealth who are not charged with a violation of subsections (a) or (b) of section 37H or with a felony under section 37H.5.
(b) Any principal, headmaster, superintendent or other person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall exercise discretion; consider ways to re-engage the student in the learning process; and avoid using expulsion as a consequence until other remedies and consequences have been employed.
(c) For any suspension or expulsion under this section, the principal or headmaster of a school in which the student is enrolled, or a designee, shall provide, to the student and to the parent or guardian of the student, notice of the charges and the reason for the suspension or expulsion in English and in the primary language spoken in the home of the student. The student shall receive the written notification and shall have the opportunity to meet with the principal or headmaster, or a designee, to discuss the charges and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The principal or headmaster, or a designee, shall ensure that the parent or guardian of the student is included in the meeting, provided that such meeting may take place without the parent or guardian only if the principal or headmaster, or a designee, can document reasonable efforts to include the parent or guardian in that meeting. The department shall promulgate rules and regulations that address a principal's duties under this subsection and procedures for including parents in student exclusion meetings, hearings or interviews under this subsection.
(d) If a decision is made to suspend or expel the student after the meeting, the principal or headmaster, or a designee, shall update the notification for the suspension or expulsion to reflect the meeting with the student. If a student has been suspended or expelled 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, the student and the parent or guardian of the student shall also receive, at the time of the suspension or expulsion decision, written notification of a right to appeal and the process for appealing the suspension or expulsion in English and in the primary language spoken in the home of the student; provided, however, that the suspension or expulsion shall remain in effect prior to any appeal hearing. The principal or headmaster or a designee shall notify the superintendent in writing, including, but not limited to, by electronic means, of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect. That notification shall describe the student's alleged misconduct and the reasons for suspending the student out-of-school. For the purposes of this section, the term ''out-of-school suspension'' shall mean a disciplinary action imposed by school officials to remove a student from participation in school activities for 1 day or more.
(e) A student who has been suspended or expelled from school 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 shall have the right to appeal the suspension or expulsion to the superintendent. The student or a parent or guardian of the student shall notify the superintendent in writing of a request for an appeal not later than 5 calendar days following the effective date of the suspension or expulsion; provided, that a student and a parent or guardian of the student may request, and if so requested, shall be granted an extension of up to 7 calendar days. The superintendent or a designee shall hold a hearing with the student and the parent or guardian of the student within 3 school days of the student's request for an appeal; provided that a student or a parent or guardian of the student may request and, if so requested, shall be granted an extension of up to 7 calendar days; provided further, that the superintendent, or a designee, may proceed with a hearing without a parent or guardian of the student if the superintendent, or a designee, makes a good faith effort to include the parent or guardian. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses and shall have the right to counsel. The superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That decision shall be the final decision of the school district with regard to the suspension or expulsion.
(f) 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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 1 - Maintenance; Double Sessions; Subjects; Twelve-Month School Year
Section 11/2 - Definitions; Applicability of Sec. 2 of Chapter 70
Section 1a - Period of Silence
Section 2a - Use of Tobacco Products Within School Buildings or Facilities or on School Grounds
Section 2b - Courses in American Sign Language
Section 3 - Physical Education
Section 4 - High Schools; Maintenance; Diplomas Awarded to Veterans
Section 4a - Failure to Keep Schools Open for Required Period; Penalty
Section 6 - Education in Out-of-Town High Schools
Section 6a - Admission of Students From Outside Commonwealth
Section 7a - Transportation of Pupils; Payment of Costs; Limitations
Section 7b - Transportation of Pupils; Reimbursement of Costs; Determination of Amount; Use of Funds
Section 7c - Bus Transportation Programs; Financial Assistance
Section 10 - Expenses of Physically Disabled Children
Section 11 - High School; Definition
Section 13 - Requested Courses; School Committee Approval
Section 13d - High Schools; Required Subjects; Driver Training
Section 13g - Executive Committee for Educational Television; Rules and Regulations; Personnel
Section 13h - Educational Television Program Fund; Accounts and Reports
Section 13i - Executive Committee for Educational Television; Powers and Duties
Section 14 - Regional School District Planning Committee; Creation; Membership
Section 14a - Duties of Planning Board
Section 14b - Regional School Districts; Formation; Procedure
Section 14c - Lease or Sale of Property to Regional School Districts
Section 14d - Regional School District Planning Board; Agreement; Approval of Indebtedness
Section 14e - Regional School District Committee Membership Options
Section 15 - Acceptance of Organization Provisions by Electorate
Section 16 - Regional School Districts; Status; Powers and Duties
Section 16b - Budgets; Apportionment of Expenses
Section 16b1/2 - Excess and Deficiency Fund; Surplus Funds Used to Reduce Assessments
Section 16c - Regional School Districts; School Transportation
Section 16e - Regional School Districts; Audits; Payment of Costs
Section 16f - Retirement System
Section 16g - Liability of Towns for Expenses of District
Section 16g1/2 - Stabilization Fund
Section 16i - Severability of Sections Relating to Regional School Districts
Section 17a - Culinary Arts Program; Special Fund
Section 19 - Evening Classes in High Schools
Section 20 - Notice of Evening Schools; Publication; Fees for Instruction
Section 20a - Instructional Materials Trust Fund
Section 21 - Continuation Schools; Establishment; Conditions
Section 23 - Use of Existing Educational Facilities
Section 24 - Cost of Maintenance; Source of Funds
Section 25 - Unemployed Minors; Attendance Requirements
Section 26 - Penalty for Failure to Establish or Maintain School
Section 26a - Extended School Services for Children; Establishment; Conditions
Section 26b - Extended School Services for Children; Organization and Operation of Plan
Section 26c - Extended School Services for Children; Contributions and Federal Funds; Use
Section 26d - Borrowing in Anticipation of Federal Funds
Section 31a - Guidelines for Celebration of Holidays Authorized
Section 32 - Observance of Memorial Day
Section 32a - Sex Education; Policy Regarding Notice to Parents, Exception
Section 34 - Support of Schools; Appropriations; Recommendations
Section 34a - Transcript of Student's Record; Availability
Section 34b - Remedy for Failure to Furnish Transcript of Student's Record
Section 34e - Inspection of Student Records; Persons Authorized
Section 34g - Private Schools; Transfer of Transcripts Upon Ceasing Operation
Section 35 - Beginning of Term
Section 36 - Secretary; Appointment; Duties
Section 36a - Orientation for School Committee Members
Section 37 - Powers and Duties; Superintendent Serving Joint Districts
Section 37a - Grants; Acceptance and Disbursement
Section 37b - Purchase of or Making Payments to Annuities or Investments
Section 37c - Promotion of Racial Balance
Section 37e - Legal Counsel for Collective Bargaining
Section 37f - Legal Counsel for General Purposes
Section 37g - Corporal Punishment of Pupils Prohibited; Use of Physical Restraint; Regulations
Section 37h - Policies Relative to Conduct of Teachers or Students; Student Handbooks
Section 37h1/2 - Felony Complaint or Conviction of Student; Suspension; Expulsion; Right to Appeal
Section 37k - Business Demonstration Projects; Disposition of Proceeds
Section 37m - Consolidation of Administrative Functions With City or Town
Section 37n - Policy for School-Sponsored Student Travel
Section 37q - Mental Health Support Plans
Section 38a - Duties; Appointment of Director of Occupational Guidance, Duties of Director
Section 38c - Status of Director of Occupational Guidance
Section 38d - District Directors of Occupational Guidance; Appointment
Section 38h - School Librarian and School Library Supervisor or Co-Ordinator; Tenure
Section 38i - Reimbursement of Teachers for Tuitions and Fees
Section 38k - Public Relations Bureau in School Departments; Establishment
Section 38m - Student Advisory Committees
Section 38n - Proposed Annual Budgets; Public Hearings Required; Quorum
Section 38o - Sex Education Advisory Committees
Section 38p - School Psychologists; Tenure
Section 38q - Professional Development Plans; Statewide Assistance Plan
Section 38q1/2 - Curriculum Accommodation Plan
Section 39 - Teacher's Application Forms; Questions Concerning Religion or Politics
Section 40 - Compensation of Teachers; Deferred Payment
Section 41a - Leaves of Absence of Professional Staff
Section 41b - Leaves of Absence; Peace Corps
Section 42b - Rights of School Employees in Regional Districts
Section 42c - Records of Teachers; Inspection
Section 42d - Suspension of District Employees
Section 43 - Reduction of Salaries; Conditions
Section 44 - Restrictions on Teachers' Political Rights; Prohibition
Section 45 - Procurement of Teaching Positions; Regulation of Fees; Penalty for Violation
Section 47 - Athletic Programs; School Organizations; Student Activity Accounts
Section 47a - Athletic Coaches; Employment
Section 48 - Textbooks and School Supplies
Section 48a - School Safety Patrols; Functions, Limitations; Liability
Section 48b - Uniforms of School Employees
Section 49 - Purchase of Textbooks by Pupils
Section 49a - Orders for Materials and Equipment; Contracts for Services
Section 50 - Change of School Books
Section 51 - Exhibition of School Work at Expositions
Section 52 - Compensation of School Committee Members
Section 53 - School Physicians and Nurses
Section 54 - Examination of Children and School Personnel
Section 54b - Administration of Medications in School Settings; Regulations
Section 55 - Contagious Diseases; Regulations
Section 55c - Eye Protective Devices
Section 56 - Sick Children; Notification of Parents
Section 57 - Physical Examination of Pupils; Eye Examination, Written Report
Section 59 - Superintendent of Schools; Appointment; Compensation; Powers and Duties
Section 59a - Superintendents of Schools in Small Towns; Appointment; State Aid for Compensation
Section 59b - Principals; Appointment; Compensation; Duties; Appointment of Other Personnel
Section 59c - School Councils; Members; Meetings; Duties
Section 59d - School-Community Partnerships; Grant Program
Section 62 - Readjustment of Town Unions
Section 64 - Union Superintendent; Compensation
Section 69 - Display of National Flags; Pledge of Allegiance; Penalty for Violation
Section 69a - Plaque Reading ''for God and Country''; Placement on Public School Buildings
Section 70 - Location of Schools
Section 71 - Use of School Property; Purposes
Section 71a - Highway Safety Stations; Designation, Discontinuance
Section 71b - Adult Physical Fitness Programs
Section 71c - Community School Programs; Receipts; Deposit and Expenditure
Section 71d - Prepayment of Tuition to Private Schools or Program Sources
Section 73 - Closing of School for Teachers' Meetings
Section 74 - Management of Schools Funds by Private Corporations
Section 75 - Extended Courses of Instruction
Section 76 - Rules of Admission
Section 77 - Joint Establishment of Extended Courses
Section 79 - Junior College Designation, Degrees
Section 80 - Lunch Period for Teachers
Section 81 - Junior Colleges; Restriction on Establishment
Section 83 - Dress and Appearance of Students Protected
Section 84 - Discipline of Students on Matters Unrelated to School-Sponsored Activities Prohibited
Section 86 - Application of Secs. 83 to 85
Section 87 - Intelligence Test Scores; Records
Section 88 - Military Recruiters; On-Campus Recruiting Opportunities
Section 90 - Classroom Placement of Twins or Higher Order Multiples
Section 92 - Innovation Schools
Section 94 - Commonwealth Virtual Schools
Section 96 - Substance Use Prevention and Abuse Education Policies for Public Schools
Section 97 - Verbal Screening Tool for Substance Abuse Disorders