File: JICI
DANGEROUS WEAPONS IN THE SCHOOLS
Dangerous Weapons, Drugs and Assaults in the Schools
(a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon including, but not limited to, a gun or knife, or a controlled substance as defined in G.L. Ch. 94C, including, but not limited to, marijuana, cocaine and heroin, may be subject to expulsion from the school or school district by the principal.
(b) Any student who assaults a Principal, Assistant Principal, teacher, teacher’s aide, other educational staff or any employee of or volunteer to the school district on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.
(c) Any student who is charged with a violation of either paragraph (a) or (b) shall:
(1) immediately be suspended by the Principal until the date of any hearing before the Principal in the matter, and
(2) be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation along with the opportunity to present evidence and witnesses at said hearing before the principal.
After said hearing, a principal may, in his discretion, decide to further suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b); provided, however, that any principal who decides that said student should be further suspended shall state in writing to the superintendent his/her reasons for choosing the suspension instead of the expulsion as the most appropriate remedy. In this statement, the principal shall represent that, in his/her opinion, the continued presence of this student in the school will not pose a threat to the safety, security and welfare of the other students and staff in the school.
(d) Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten (10) days from the date of the expulsion in which to notify the Superintendent of his/her appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.
(e) In connection with the hearings provided for in subsections (c) and (d) above, or any hearing in connection with the expulsion of a student for violation of the school district policies concerning the conduct of pupils, the principal or superintendent may use the services of the school committee attorney. An electronic recording or stenographic transcript of the proceedings shall be made.
(f) When a student is expelled under the provisions of this section and applies for admission to another school for acceptance, the superintendent of the sending school shall notify the superintendent of the receiving school of the reasons for the pupil’s expulsion.
LEGAL REFS.: M.G.L. 71:37H; 269:10(b); 269:12
West Springfield Public Schools