SCHS Student Handbook

School Safety Policy

H.B. No. 5440

An Act relative to safety in the public schools. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 1
Section 37H of chapter 71 of the General Laws. as inserted by section 36 of chapter 71 of the acts of 1993, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:

When a student is expelled under the provisions of this section, no school or school district within the commonwealth shall be required to admit said student or to provide educational services to said student.

If said student does apply for admission to another school or school district, the superintendent of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written statement of the reasons for said expulsion.

Section 2
Said chapter 71 is hereby further amended by inserting after said section 37H, inserted by section
36 of chapter 71 of the acts of 1993, the following section:

Section 37H1/2
Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter seventy-six:

1. 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 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 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.

2. Upon a student being convicted of a felony or upon an 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 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 director of guidance. The student shall notify the director of guidance, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The director of guidance 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 director of guidance 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 director of guidance 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.

Upon expulsion of such student, no school or school district shall be required to provide educational services to such student.

Section 3
The Department of Education and the Department of Youth Services shall, pursuant to a study and recommendations conducted by the Mass. Jobs Council, assure that an educational opportunity is provided for a student whose admission to a school or right to educational services is regulated by the provisions of this act.


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