Behavioral Expectations and Discipline Code

STUDENT CODE OF CONDUCT

We expect our students to have the maturity and good judgment to regulate their own behavior and to conduct themselves in a manner that does not violate the rights and privileges of others. Students are required to respect all members of the school community, as well as adhere to school standards/expectations and those provisions of law that apply to student conduct.

DISCIPLINE CODE

Medfield High School maintains procedures that ensure appropriate educational programming for all students, including those that receive disciplinary consequences. In all instances where disciplinary consequences may result, students are afforded due process and restorative practices will be implemented in a timely manner. Those infractions that may result in suspension will result in immediate parent/guardian notification. Parents/guardians and students will be offered the opportunity for a disciplinary hearing to discuss the incident/behavior, as well as possible consequences. Following such due process, the student and parent/guardian will be notified of the resulting consequences in writing. This notification will include a summary of the offense, subsequent disciplinary hearing results, and resulting consequences. If the incident results in a suspension, the notification will also specify the length of suspension (with date of return to school), as well as academic remediation opportunities during and upon return from the suspension.

If the ruling results in long-term suspension, the student and parent/guardian will also be informed of their rights to review all materials used to make the decision, the right to be represented by counsel (at student/parent expense), the right to produce witnesses, the right to cross-examine witnesses presented by the school, and the right to request that the hearing be recorded (and to receive a copy of the recording).

GENERAL DISCIPLINARY CONSEQUENCES

• Teacher Detention / Office Detention

• Withholding of Privileges

• Saturday School

• Suspension

• Exclusion

• Emergency Removal

The school district reserves its right to implement additional discipline under the provisions of Mass. Gen. L. ch 71, section 37H.

DETENTION

Teacher Detention

All teachers will handle their own detention for minor incidents occurring within their jurisdiction. Teacher detention will take precedence over all school activities. Teacher detentions may be issued for, but are not restricted to, the following:

1. class disruption of a minor nature that impedes the educational process

2. tardiness to class

3. missing class time without approval

4. unapproved use of electronic devices

Class misconduct may be reflected on the report card by the teacher under the “teacher comment” section. A student will not be penalized academically for classroom misconduct.

Office Detention

Administration may issue detention in addition to teacher-issued consequences. The following are examples of offenses for which students may be assigned office detention:

1. Disruptive or unacceptable behavior in the classroom, corridors, cafeteria, LMC, or on the school bus

2. Participation in actions/activities which are not appropriate in school or on school grounds

3. Presence in areas of the building without prior approval 

4. Excessive unexcused tardies

5. Failure to report to the office when tardy or directed by a teacher/staff member

6. Unauthorized parking at school.

7. Unauthorized food deliveries from DoorDash or Uber Eats, etc.

Failure to serve office detention may result in further disciplinary action. Students are expected to serve all detentions, teacher, and office, immediately upon issuance. Office detentions may be served from 2:15-2:45 on most school days.

SATURDAY SCHOOL

• Saturday School sessions are designed to provide an appropriate consequence for students resulting from a variety of infractions. Saturday School is viewed as an alternative to suspension from school. Some offenses for which Saturday School might be assigned include excessive tardiness, truancy, leaving school grounds without permission, use of tobacco/smoking/vaping devices, failure to serve office detentions, repeated class cuts, forged notes, use of profanity, repeated violation of electronic device policy.

• Saturday School is scheduled for twelve sessions during the school year, and from 8:30 a.m. to 11:00 a.m.

• Students who are assigned Saturday School must arrive to the classroom by 8:30 a.m. with enough school work for the entire time block.

• Students who arrive late will be sent home, and students who are uncooperative will be asked to leave.

• Students who are absent without administrative approval, arrive late, or are uncooperative will be considered for suspension.

SUSPENSION OR EXPULSION

Serious infractions of the Discipline Code require consequences commensurate with the violation. The school district reserves its right to suspend students for offenses other than those listed within the handbook based on the particular facts of the situation.

The following list is meant to be a representative but not an exhaustive list of potentially suspendable offenses:

• Discrimination based on a student’s race, color, religion, national origin, ethnic background, gender, sexual orientation, gender identity, or disability.

• Any act which disrupts a class or interferes with the educational process of a teacher and/or other students.

• Insubordination. It is expected that the lawful direction and order of teachers and administrators will be carried out immediately. However, if students feel that this direction is unreasonable, they must first comply with the direction of the teacher or administration and then seek an appeal at the next highest level of authority.

• Profanity, obscenity, discourtesy, or disrespect toward teachers, substitute teachers, secretaries, custodial staff, cafeteria personnel, bus drivers, administrators, and other students

• Stealing or receiving stolen property

• Defacing school property

• Fighting

• Setting off false alarms (violations of this rule will also be referred to the police chief and fire chief)

• Intent to possess or actual possession, use, sale, distribution, or purchase of drugs or drug paraphernalia (prescribed or over the counter; possible cause for expulsion according to Chapter 71, Section 37H of Mass. Laws)

• Refusing to give correct name promptly to teachers, substitute teachers, or administrators

• Physical violence or threat of physical violence, trespassing, or harassment directed toward any school employee, School Committee member, student, or guest and their property regardless of location.

• Hazing

• Bullying/harassment

• Presence in a restricted area

• Other actions that are determined to be harmful or dangerous to oneself or others

PROHIBITION OF TOBACCO/NICOTINE PRODUCTS

The use and possession of tobacco/nicotine products of any kind, including delivery through vapor (vaping), is prohibited on school property and at school-related events.

ALCOHOL/SUBSTANCE ABUSE POLICY

The use, possession, or sale/distribution of alcoholic beverages or controlled substances on school property or at school-related events is forbidden by state law. A student shall not, regardless of the quantity, use/consume, possess, buy/sell, or give away any beverage containing alcohol or any other controlled substances. Possession of drug paraphernalia is a violation of this substance abuse policy. Additionally, any student who is under the influence of drugs or alcoholic beverages upon arrival, or during, any school-sponsored activity, will be barred from that activity and may be subject to disciplinary action. 

Student-athletes found in violation of the MHS alcohol/substance abuse policy are also in violation of the MIAA alcohol/substance abuse policies.

SCHOOL-RELATED ACTIVITIES

School-related activities include, but shall not be limited to, proms, dances, athletic events, music and theater performances, school-sponsored field trips, etc. The regulations and penalties regarding use of prohibited substances will be in effect during the school day and at all extracurricular and school functions, on and off school property. This applies to all participants and spectators/attendees.

In addition to the following sanctions, students should be aware that violations of this policy may result in expulsion from Medfield High School according to Chapter 71, Section 37H of the Massachusetts General Laws.

First Violation:

• Notification of parents/guardians, mandatory parent conference, up to ten (10) day suspension from school

• Referral for counseling

• Referral to police

• Loss of social privileges for up to 14 calendar days (attendance and/or participation in any school events including but not limited to athletics, music, theater, the prom, and graduation)

• Loss of leadership positions (i.e., class officer, Student Council officer, representative to state and local agencies, captains of athletic teams)

• Students may not participate in games or performances but may participate in practices/rehearsals at the discretion of their coach or advisor

Second Violation:

• Notification of parents/guardians; suspension from school for a minimum of 10 days

• Referral for counseling

• Referral to police

• Permanent loss of leadership positions

• Loss of social privileges or thirty calendar days (attendance and/or participation in any school events including but not limited to athletics, music, theater, the prom, and graduation

NON-SCHOOL RELATED ACTIVITIES:

(Note: Athletes will also be held to the MIAA Regulations as noted in the Athletics section)

First Violation: When the principal confirms, following an opportunity for the student to be heard, that a violation has occurred, the student may lose eligibility to participate in extracurricular activities for a period of fourteen calendar days.

Students may not participate in performances/events but may participate in practices/rehearsals at the discretion of the advisor or coach.

Second and Subsequent Violation: When the principal confirms, following an opportunity for the student to be heard, that a second or subsequent violation has occurred, the student may lose eligibility to participate in extracurricular activities for eight weeks.

If, after the second or subsequent violation(s), the student on his/her own becomes a participant in an approved chemical dependency program or treatment program, the student may become eligible to participate in extracurricular activities after a minimum period of six weeks. Such certification must be issued by a practitioner from an approved treatment/educational entity.

Offenses shall be cumulative throughout the school year. Penalties, if not completed, will extend into the next academic year. This rule is in effect for all students, regardless of participation at the time of offense.

PRINCIPAL’S DISCRETION

In every case of student misconduct for which suspension may be imposed, the principal, or his/her designee, shall exercise discretion in deciding the consequence for the offense, except as set forth in G.L. c. 71, § 37H ¾ and as set forth below in the section on Alternative Remedies for Disciplinary Consequences.  The principal shall consider ways to reengage the student in learning and shall attempt to avoid long term suspension as a consequence until alternatives have been tried.  These alternatives may include the use of evidence-based strategies and programs such as mediation, conflict resolution, restorative justice, and positive behavioral interventions and supports. 

ALTERNATIVE REMEDIES FOR DISCIPLINARY CONSEQUENCES

Prior to issuing any disciplinary consequences pursuant to G.L. c. 71, § 37H ¾ and not subject to G.L. c. 71, §§ 37H and 37H ½, as discussed below, the Principal or designee will consider alternative remedies to such consequences. This policy applies only to short-term or long-term suspensions, emergency removals or in-school suspensions, or expulsions that are not issued under G.L. c. 71, §§ 37H and 37H ½. This policy does not apply to disciplinary consequences issued under G.L. c. 71, §§ 37H and 37H ½, which include: assault of educational staff, possession of controlled substances or a dangerous weapon on school grounds, and felony charges or conviction. 

The Principal or designee will consider methods to re-engage the student in the learning process when deciding disciplinary consequences for the student. Specifically, the Principal or designee will consider and use alternative remedies including but not limited to mediation, conflict resolution, restorative justice, and collaborative problem solving. The use and results of such alternative remedies will be documented in writing. The Principal or designee will consider, use to the extent possible, and document in writing such alternative remedies before the Principal or designee may suspend or expel a student. The Principal will also implement school or district models to re-engage students in the learning process, including positive behavioral interventions and supports models and trauma sensitive learning models. The Principal or designee will not implement such models in direct response to a specific incident.

In the event alternative remedies are not feasible, the Principal or designee will document specific reasons as to why such alternative remedies are not suitable or counter-productive, or in situations 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 on another while in school. 

PROCEDURES FOR IN-SCHOOL SUSPENSION OF LESS THAN TEN (10) CUMULATIVE OR CONSECUTIVE SCHOOL DAYS

An in-school suspension may be used as an alternative to short-term suspension for disciplinary events. An in-school suspension means the removal of a student from regular classroom activities, but not from the school premises, for no more than ten (10) consecutive school days, or no more than ten (10) school days cumulatively for multiple infractions in one school year.  

If the principal chooses this alternative, the principal shall inform the student of the disciplinary offense charged and the basis for that charge and provide the student an opportunity to dispute the charge and explain the circumstances surrounding the charge.  If an in-school suspension is issued, the principal shall make at least two documented attempts to notify the parent orally of the disciplinary offense, the reasons for concluding that the student committed the offense, and the length of the in-school suspension.  

The principal shall also invite the parent to a meeting to discuss the student’s academic performance and behavior, strategies for student engagement, and possible responses to the behavior.  This meeting shall be scheduled on the day of the suspension, if possible, or as soon as possible thereafter.  The principal shall also send written notice to the student and parent about the in-school suspension, including the reason and length of the in-school suspension, and inviting the parent to the above described meeting, if such meeting has not already occurred. 

PROCEDURES FOR SHORT-TERM OUT-OF-SCHOOL SUSPENSION

(exclusion of a student from school premises and regular classroom activities for a specified period of not more than ten school days.)

The principal, or his/her designee, may suspend students on a short-term basis. Unless a student poses a danger to persons or property, substantially and materially disrupts the order of school, possesses a firearm, controlled substance, or assaults a school staff member, the student will receive the following prior to a short-term suspension:

1. Oral and written notice of the charges in English and the primary language of the home if other than English. This notice shall include:

a. The disciplinary offense;

b. The basis for the charge;

c. The potential consequences, including the potential length of the suspension; 

d. The opportunity to have a hearing with the principal and the parent concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident;

e. The date, time, and location of the hearing; 

f. The right of the parent and student to interpreter services at the hearing; and

g. if the student may be placed on a long-term suspension following the hearing with the principal:

1. the rights set forth under the “Procedures for Long-Term Suspension”; and

2. the right to appeal the principal’s decision to the superintendent.

2. At the hearing, if the student and/or parent elects to attend, the student shall have the opportunity to present his/her version of the relevant facts and any mitigating circumstances. The principal shall make reasonable efforts to notify the parent orally of the opportunity to attend the hearing. To conduct the hearing without the parent, the principal must be able to document reasonable efforts to include the parent.  The principal is presumed to have made reasonable efforts if the principal sent written notice and has documented at least two (2) attempts to contact the parent in the manner specified by the parent for emergency notification.

3. Based on the available information, the principal shall make a determination as to whether the student committed the disciplinary offenses and what remedy shall be imposed.  The principal shall notice the student and parent in writing of his/her decision, the reasons for it, and, if applicable, the type and duration of the suspension and the opportunity to make up assignments and other academic work. 

4. If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, before the suspension takes effect.

PROCEDURES FOR EMERGENCY REMOVAL

If the student’s continued presence poses a danger to persons or property, and in the principal’s judgment, there is no alternative available to alleviate the danger, the principal may temporarily remove the student from the school without following the procedures for a short term, out-of-district suspension.  This temporary removal shall not exceed two (2) school days following the day of the emergency removal and the superintendent shall be immediately notified of the removal.  Additionally, the principal shall make immediate and reasonable efforts to orally notify the student and student’s parent of the emergency removal, the reason for the emergency removal, and the other information required in a short-term suspension notification.  The short-term suspension notice shall be provided in writing to the student and parent.  The opportunity for a hearing with the principal shall occur within two (2) school days, unless otherwise extended by the school and parent.  A decision regarding the student’s continued suspension or other removal shall be rendered the same say as the hearing and written notice shall be provided the following school day. This written notice shall include all the information required based on the type of discipline imposed (short-term suspension, in-school suspension, long-term suspension, or expulsion).

The principal may also remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on a student’s misconduct.  This type of removal is not subject to the procedures for suspension and expulsion outlined in this policy.

PROCEDURES FOR LONG-TERM SUSPENSION

(exclusion of a student from school premises and regular classroom activities for more than ten school days.)

The principal, or his/her designee, may issue long-term suspensions at the building level. The principal may also issue expulsions for the offenses set forth in M.G.L. c. 71, §37H and §37H½. Expulsions for other offenses are heard by the School Committee pursuant to M.G.L. c. 76, §16 and §17.

1. In the event of a long term suspension or expulsion, the student will be provided oral and written notice of the charges in English and the primary language of the home if other than English. This notice shall include:

i. The disciplinary offense;

ii. The basis for the charge;

iii. The potential consequences, including the potential length of the suspension; 

iv. The opportunity to have a hearing with the principal and the parent concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident;

1. The date, time, and location of the hearing; and

2. The right of the parent and student to interpreter services at the hearing.

2. The principal shall make reasonable efforts to notify the parent orally of the opportunity to attend the hearing. To conduct the hearing without the parent, the principal must be able to document reasonable efforts to include the parent.  The principal is presumed to have made reasonable efforts if the principal sent written notice and has documented at least two (2) attempts to contact the parent in the manner specified by the parent for emergency notification.

3. In advance of the hearing, the student shall have the right to review the student’s record and the documents upon which the principal may rely in making a determination to suspend the student.  

4. The student shall also have the right to be represented by counsel or a lay person at the choice and expense of the student/parent. 

5. At the hearing, if the student and/or parent elects to attend, the student shall have the opportunity to present his/her version of the relevant facts and any mitigating circumstances. The student shall also have the right to produce witnesses and the right to cross-examine witnesses presented by the school.  The student may request that the hearing be audio recorded by the principal and may request a copy of the recording.  All parties must be made aware that the hearing is recorded in advance of the hearing.

6. The parent, if present, shall have the opportunity to discuss the student’s conduct and other information, including mitigating circumstances, that the principal should consider in determining consequences for the student.

7. The principal shall make a determination as to whether the student committed the disciplinary offences and what consequences shall be imposed.  The principal shall notice the student and parent in writing of his/her decision, including the following information:

i.   The disciplinary offence, the date on which the hearing took place, and the participants in the hearing;

ii.   The key facts and conclusions reached by the principal;

iii.  The length and effective date of the suspension and the date of return to school;

iv.  The notice the student’s opportunity to receive education services to make academic progress during the suspension;

v.   The student’s right to appeal the principal’s decision to the superintendent or his/her designee if a long-term suspension has been imposed.  This notice of appeal shall include the process for appealing the decision, which requires the parent or student to file a written notice of appeal with the superintendent within five (5) calendar days of the effective date of the long-term suspension. The parent or legal guardian or student may request and receive from the superintendent an extension of time for filing the written notice for up to seven additional calendar days. The long-term suspension will remain in effect unless and until the superintendent decides to reverse the principal’s determination on appeal.

The superintendent shall hold the hearing within three (3) school days of the student’s request, unless an extension is mutually agreed to.

a. The superintendent shall make a good-faith effort to include the parent in the hearing.

b. The hearing shall be conducted to determine whether the student committed the disciplinary offense and, if so, what the consequence shall be.       The hearing shall be audio recorded and a copy of the recording shall be provided to the student or parent upon request. 

c. All the same rights as are afforded in the above long-term suspension principal’s hearing shall apply to the student in a superintendent’s hearing. 

d. The superintendent shall issue a written decision within five (5) calendar days of the hearing.  If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or lesser consequence than the principal. 

e. The decision of the superintendent shall be the final decision of the school district. 

vi. If the student is in grades K-3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for the suspension before the suspension takes effect.

EXPULSION

Expulsion is the removal of a student from the school premises, regular classroom activities, and school activities permanently.  Pursuant to M.G.L. c. 71 sect. 37H ½ and sect. 37H, conduct that may lead to expulsion includes but is not limited to possession of a dangerous weapon, assault on school personnel, possession of a controlled substance, and felony convictions/pleading guilty to a felony charge. Procedures associated with expulsion are set forth in both of those named statutes.  

ADDITIONAL PROCEDURAL PROTECTIONS FOR  SPECIAL EDUCATION STUDENTS

In general, special education students may be excluded from their programs for up to ten school days per school year just as any other student. A suspension of longer than 10 consecutive days or a series of suspensions that are shorter than 10 consecutive days but constitute a pattern are considered to represent a change in placement.  

• When a suspension constitutes a change in placement of a student  with disabilities, district personnel, the parent, and other relevant members of the Team, as determined by the parent and the district, convene within 10 days of the decision to suspend to review all relevant information in the student’s file, including the IEP, any teacher observations, and any relevant information from the parents, to determine whether the behavior was caused by or had a direct and  substantial relationship to the disability or was the direct result of the  district’s failure to implement the IEP—“a manifestation determination.”  

• In either case, the interim alternative education setting enables the  student to continue in the general curriculum and to continue receiving services identified on the IEP and provides services to address the problem behavior.  

• If district personnel, the parent, and other relevant members of the  Team determine that the behavior IS a manifestation of the disability,  then the Team completes a functional behavioral assessment and behavioral intervention plan if it has not already done so. If a behavioral intervention plan is already in place, the Team reviews and  modifies it, as necessary, to address the behavior. Except when he or  she has been placed in an interim alternative educational setting in  accordance with part 4, the student returns to the original placement unless the parents and district agree otherwise, or the hearing officer  orders a new placement.  

• Not later than the date of the decision to take disciplinary action, the  school district notifies the parents of that decision and provides them  with the written notice of procedural safeguards. If the parent chooses to appeal or the school district requests a hearing because it  believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others, the student remains in the disciplinary placement, if any, until the decision of the hearing officer or the end of the time period for the  disciplinary action, whichever comes first, unless the parent and the  school district agree otherwise.

If the conduct involves weapons, drugs, or serious bodily injury to any other person on school grounds, a special education student may be removed to an interim alternative educational placement for up to 45 school days regardless of the behavior’s relationship to the disability. The location of this placement will be determined by the student’s Team.

A student who has not been determined to be eligible for special education and related services and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided for special education students if the school had knowledge that the student was a child with a disability before the behavior that precipitated the disciplinary action occurred. The school’s knowledge of the student’s disability can be demonstrated by:

• The student’s parent/ guardian having expressed written concern to school staff (supervisors or teachers) that the student needs special education;

• The student’s parent/ guardian has recently requested a special education evaluation; or

• School staff having expressed specific concerns about the student’s pattern of behavior directly to the special education department at the school.”

The district may not be considered to have had prior knowledge 

• If the parent has not consented to an evaluation of the student or has refused special education services, or if an evaluation of the student  has resulted in a determination of ineligibility.  

• If the district had no reason to consider the student disabled, and the  parent requests an evaluation subsequent to the disciplinary action,  the district must have procedures consistent with federal requirements to conduct an expedited evaluation to determine eligibility.  

• If the student is found eligible, then he/she receives all procedural  protections subsequent to the finding of eligibility. 

Additional information regarding the procedural protections for students with disabilities can be obtained from the Director of Student Services at 508-359-7135.

POSSESSION OF WEAPONS OR CONTROLLED SUBSTANCES

ASSAULT OF EDUCATIONAL PERSONNEL

Massachusetts General Law Ch. 71, §37H authorizes the principal to expel students as follows: 

1. 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 a knife; or a controlled substance as defined in Chapter Ninety-Four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal. 

2. Any student who assaults a principal, assistant principal, teacher, teacher’s aide or other educational staff 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.

3. Any student who is charged with a violation of either paragraph (1) or (2) shall 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, at his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (1) or (2).

4. 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 days from the date of the expulsion in which to notify the superintendent of his 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. 

5. Any 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, under section 21 of chapter 76. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide educational services to the student in an education service plan, under section 21 of chapter 76.

6. Districts shall report to the department of elementary and secondary education the specific reasons for all suspensions and expulsions, regardless of duration or type, in a manner and form established by the commissioner. The department of elementary and secondary education shall use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis, the department of elementary and secondary education shall make district level de-identified data and analysis, including the total number of days each student is excluded during the school year, available to the public online in a machine readable format. This report shall include district level data disaggregated by student status and categories established by the commissioner.

7. Under the regulations promulgated by the department, for each school that suspends or expels a significant number of students for more than 10 cumulative days in a school year, the commissioner shall investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or expulsion. The results of the analysis shall be publicly reported at the school district level.

A copy of this law may be obtained in the main office.

SUSPENSION/EXPULSION BASED UPON A FELONY CHARGE/CONVICTION M.G.L. c. 71, § 37H½ 

issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal of a school may suspend a student for a period of time determined appropriate by the principal if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.

The principal may expel a student who has been convicted, adjudicated, or admitted guilt with respect to a felony or felony delinquency, if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.

A copy of this law may be obtained in the main office.

EDUCATIONAL SERVICES AND ACADEMIC PROGRESS DURING SUSPENSIONS AND EXPULSION

Any student who is serving an in-school suspension, short-term suspension, long-term suspension, or expulsion shall have the opportunity to earn credits, as applicable, make up assignments, test, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom.  The principal shall inform the student and parent of such opportunity in writing when such suspension or expulsion is imposed. 

Any student expelled or suspended from school for more than ten (10) consecutive days, whether in school or out of school, shall have an opportunity to receive education services and make academic progress toward meeting state and local requirements, through a school-wide education service plan.  This plan will be developed by the principal and shall describe the services that the school district will make available to students who are expelled or suspended for ten (10) or more consecutive days.  The plan will include the process for notifying such students and their parents of the services and arranging the services. 

LEGAL AUTHORITY: M.G.L. c. 71, § 37H

M.G.L. c. 71, § 37H ½ 

M.G.L. c. 71, § 37H ¾ 

M.G.L. c. 76, § 21

603 CMR 53.00 

STATE LAWS INVOLVING SCHOOL CONDUCT

Chapter 269, Section 10 – Prohibition against Firearms in Schools

Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college, or university without the written authorization of the board or officer in charge of such school or college shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, firearm shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means.

CHAP. 94c, SECTION 32J – Drug-Free School Zone

The controlled substance act provides that any person convicted of possessing or selling drugs within 1,000 feet of a public or private school (elementary, vocational, middle, or secondary) whether or not in session shall be punished by a mandatory two-year term of imprisonment.

The registrar shall suspend, without a hearing, the license or right to operate a motor vehicle of a person who is convicted of a violation of this statute, however, that the period of such suspension shall not be licensed to operate a motor vehicle until such person reaches the age of 21 years. In addition, the violator is subject to a fine of not less than $1,000.

CHAP. 71, Section 37H

1. 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 a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.

2. Any student who assaults a principal, assistant principal, teacher, teacher aide, or other educational staff on school premises or at school-sponsored/school-related events, including athletic games may be subject to expulsion from the school or school district by the principal.

3. Any student who is charged with a violation of either paragraph (a) or (b) shall 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.

CHAP. 71 Section 37H 1/2 -- An Act Relative to Safety in Public Schools

Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal, or the headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster determines that the student’s continued presence in school would have a substantially detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such a suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension, provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.

Upon a student being convicted of a felony or upon adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student’s continued presence in school would have a substantially detrimental effect on the general welfare of the school. The students shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of this right to appeal and the process for appealing such expulsion, provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

CHAP. 71 Section 37H 3/4

1. 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 37H1/2.

2. 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. 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.

3. 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, headmaster, or 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.

4. 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 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.

5. 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.