Student Discipline Rules: Chapter 222 Summary
STUDENT DISCIPLINE RULES:
CHAPTER 222 OF THE ACTS OF 2012
EFFECTIVE JULY 1, 2014
Rosann DiPietro, Esq.
Kelly Gonzalez, Esq.
Long & DiPietro, LLP
175 Derby Street, Unit 17
Hingham, MA 02043
(781)749-0021
rdipietro@long-law.com
kgonzalez@long-law.com
Chapter 222 Summary
•
New Section 37H ¾ added to provide procedures for
disciplinary offenses not covered by 37H or 37H ½
•
New c. 76, sec. 21: opportunity to make up work and/or
receive educational services during period of removal (for
all offenses, including 37H and 37H ½)
•
School district reporting of disciplinary data to DESE
•
DESE can investigate districts with high rates of removals
•
School Committees are responsible for adopting policies
that are in line with the new law.
Pupil absence notification program under newly added
Section 1B of Chapter 76
•
Amended procedures for students who wish to
permanently leave school (c. 76 s. 18)
The Key Takeaways
•
Section 37H¾: highly detailed procedures
and due process rights
•
Limitations are imposed as to length of
disciplinary removals
•
Section 21: opportunity to make up work
and/or school-wide education service plan
available to excluded students (whether or
not on IEPs)
Goals of New Law
The goals of the new law are:
1.
To limit the use of long-term suspensions;
2.
To promote the engagement of the parents in the student
discipline process;
3.
To ensure that suspended and expelled students continue to
receive educational services and make academic process; and
4.
“[T]o keep schools safe and supportive for all students while
ensuring fair and effective disciplinary practices.”
603 CMR 53.01(2).
Making a Suspension Decision
In deciding the consequences of a violation under G.L. c. 71, § 37H¾, the
Principal must:
1.
Exercise discretion – NO ZERO TOLERANCE POLICIES
2.
Consider ways to re-engage the student in the learning process
3.
Avoid using expulsion as a remedy unless other remedies have
been employed.
4.
“Other remedies” include the use of evidence-based strategies
and programs such as mediation, conflict resolution, restorative
justice, and positive behavioral interventions and supports. 603
CMR 53.05
Note
: Expulsion (defined by regulations as removal for more than 90
school days) is not available under 37H ¾
Key definitions:
In-School Suspension:
removal of a student from regular classroom
activities, but not from the school premises, for no more than 10
consecutive school days, or no more than 10 school days cumulatively
for multiple infractions during the school year.
Short-Term Suspension:
removal of a student from the school premises
and regular classroom activities for 10 consecutive school days or less.
•
May be served in school, at the Principal’s discretion.
Long-Term Suspension:
removal of a student from the school premises
and regular classroom activities for more than 10 consecutive school
days, or for more than 10 school days cumulatively for multiple
disciplinary offenses in any school year. A Principal may, in his or her
discretion, allow a student to serve a long-term suspension in school.
•
May not last more than 90 days and may not extend beyond the end of the
school year if suspended under § 37H¾.
•
May be served in school, at the Principal’s discretion.
Expulsion:
removal for more than 90 school days
Removal from Extra-Curriculars Are Not
Suspensions
Removal from only participation in extra-curricular
activities, school sponsored events, or both, does not count
as removal in calculating school days and due process
procedures under § 37H¾ are not applicable.
Notice Prior to Suspension
•
No long- or short-term suspensions without
providing students and parents with oral
and written notice and a hearing.
•
Exceptions for emergency (NMT 2 days)
and in-school suspensions (NMT 10 days
cumulative).
•
Regulations do not prevent administrators
from conducting an investigation, including
interviews, of school-related disciplinary
incidents.
Notice Requirements for Short- and Long-Term and
Emergency Suspensions
•
Oral and written notice in English and language spoken at home.
•
Notice must contain in plain language:
•
The disciplinary offense;
•
The basis for the charge;
•
The potential consequences, including the potential length of the
student’s suspension;
•
The opportunity for the student to a hearing, dispute the charges and
present the student’s side of the story, and to have the parents
present;
•
The date, time, and location of the hearing;
•
The right to an interpreter, if needed;
•
For students who may be placed on long-term suspension, information
on the rights available at the hearing and the right to appeal to the
Superintendent; and
•
Information on opportunity to make academic progress and, for
students who may be placed on long-term suspension, information on
school-wide education plan.
.
Notices to Parents for Short- and Long-
Term Suspensions
•
Written notice to parents may be made by hand
delivery, mail, email to an address provided by the
parents for school communications or other method
of delivery agreed upon.
•
Principals must make reasonable efforts to notify
parents orally of the opportunity to attend the
meeting.
•
Principals may hold hearing without parents only if
they provide written notice and at least 2 attempts to
contact the parents in the manner specified for
emergency notification.
•
The same written notice is required for emergency
suspensions but it need not be provided prior to
imposing the suspension.
Reasonable Attempts to Reach Parents
•
Document attempts to reach parent, especially
by phone.
•
Prepare for situations involving lack of parental
response.
Principal Hearings
•
Must hold hearing prior to short- or long-term suspension.
•
Different requirements for emergency and in-school suspensions
•
Formality of the hearing depends on the outcome being contemplated
•
Greater due process rights for long-term suspension cases
•
If you are unsure of whether the suspension will be greater than 10
days, err on the side of following the rights afforded to long-term
suspensions.
•
If you plan for a short-term suspension but learn during the hearing
that a long-term suspension may be appropriate, you will have to
provide the process due for a long-term suspension.
Principal Meeting Short-Term Suspension
•
Only if 10 or fewer days (consecutive or cumulative)
•
Meeting must occur prior to imposition of discipline
•
Purpose: hear and consider information, provide the student
with an opportunity to dispute or explain, determine if the
student committed the offence and, if so the consequences.
•
The Principal must discuss: (1) the disciplinary offense, (2)
basis for the charge, and (3) any other pertinent information.
•
The student must be allowed to present information, including
mitigating facts that the Principal must consider in determining
whether other remedies or consequences may be appropriate.
•
The parents must be given an opportunity to discuss the
student’s conduct and offer information that the principal must
consider.
Principal’s Decision Short-Term Suspension
Based on the available information, including mitigating
circumstances, the Principal shall determine whether the
student committed the disciplinary offense and, if so, what
remedy or consequence will be imposed.
•
Use discretion
•
Consider alternatives
•
Suspension must be fewer than 10 days unless met requirements
for long-term suspension hearing
Decision Notice Short-Term Suspension
•
Form and detail are important.
•
May update original notice.
•
Provide notice of decision if suspended or not.
•
Notify parents and student of determinations and
reasons for it. If the student is suspended, state
the duration and the opportunity to make up
school work.
•
No appeal to Superintendent.
Principal’s Meeting Long-Term Suspension
•
Purpose is same as short-term meeting.
•
All rights afforded at short-term meeting
apply.
•
Same information to be considered as
short-term meeting.
•
Additional rights afforded for long-term
suspensions
.
Additional Rights for Long-Term
Suspension Meeting with Principal:
•
In advance of the hearing, the opportunity to review the student's
record and the documents upon which the Principal may rely in
making a determination to suspend the student or not;
•
the right to be represented by counsel or a lay person of the student's
choice, at the student's/parent's expense;
•
the right to produce witnesses on his or her behalf and to present the
student's explanation of the alleged incident, but the student may not
be compelled to do so;
•
the right to cross-examine witnesses presented by the school district;
•
the right to request that the hearing be recorded by the Principal, and
to receive a copy of the audio recording upon request. If the student
or parent requests an audio recording, the Principal shall inform all
participants before the hearing that an audio record will be made and
a copy will be provided to the student and parent upon request; and
•
the right to appeal a suspension decision to the Superintendent.
Principal’s Decision for Long-Term Suspension
•
Same requirements as for short-term
suspension:
•
Consider all evidence, including mitigating
factors and student’s explanation;
•
Use discretion; and
•
Consider alternatives.
Decision Notice for Long-Term Suspension
•
Provide notice of decision if suspended or not.
•
Notice must:
•
Identify the disciplinary offense, the date on which the hearing
took place, and the participants at the hearing;
•
Set out the key facts and conclusions reached by the Principal;
•
Identify the length and effective date of the suspension and date
of return to school;
•
Include notice of the student's opportunity to receive education
services to make academic progress during the period of
removal from school;
•
Inform the student of the right to appeal the Principal's decision
to the Superintendent or designee, the process for appealing
the decision, and that the long-term suspension will remain in
effect unless the Superintendent reverses it.
•
Include information on rights to academic progress, available
education services, and a District contact with more information.
Additional Requirement Grades Pre-K-3
•
If a Principal imposes a short- or long-term suspension on
a student in a public pre-school program or in grades K-3,
the Principal must 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.
•
The hearing and notice requirements are otherwise the
same.
Appeal to Superintendent
•
Must be provided for long-term suspensions
•
Principal must indicate right of appeal in his/her
decision notice
•
Superintendent may reverse decision or impose
the same or lesser consequence but not greater.
•
Superintendent’s decision is final decision of the
district
Appeal to Superintendent Cont.
•
Student must appeal within 5 calendar days of the effective date of
long-term suspension but may request 7 day suspension. Discretion
to hear or decline untimely appeal.
•
Superintendent must hold hearing within 3 school days of request,
unless student requests extension up to 7 calendar days, which must
be granted.
•
Good faith effort to include parents – made efforts to find a day and
time that would allow the parents to participate.
•
Written notice to parents of date, time, and location of hearing.
•
Student has same rights as at long-term suspension Principal
meetings.
•
Meeting with Superintendent audio recorded, with a copy to the
parents upon request. Inform parents and students in advance that
recorded and copy to be provided.
•
Issue written notice of decision that meets the requirements for long-
term suspension notices, except for the references to the right to
appeal.
Emergency Removal
•
Regulations provide for temporary removal – no more than 2
school days following the day of the emergency removal
•
Available when a “student is charged with a disciplinary offense
and the continued presence of the student poses a danger to
persons or property, or materially and substantially disrupts the
order of the school, and, in the principal's judgment, there is no
alternative available to alleviate the danger or disruption.” 603
CMR 53.07.
•
Principal must immediately notify the Superintendent in writing
of the removal and the reason for it, including describing the
danger presented.
•
May not remove student until adequate provisions for student’s
safety and transpiration made.
Emergency Removal Cont.
During the 2-day removal, the Principal must:
•
Make immediate and reasonable efforts to orally notify the student
and the student’s parent of the emergency removal, the reason for the
need for emergency removal, and the other information required in
notices;
•
Provide written notice to the student and parent (same as for long-
and short-term suspensions);
•
Provide the student an opportunity for a short- or long-term
suspension principal meeting (whichever is appropriate) and the
parent an opportunity to attend the hearing, before the expiration of
the 2 school days, unless an extension of time for hearing is
otherwise agreed to by the principal, student, and parent.
•
Render a decision orally on the same day as the hearing, and in
writing no later than the following school day, which meets the
requirements of short- or long-term suspension decision notices
(whichever is applicable).
In-School Suspension
•
Not more than 10 consecutive or cumulative days
•
May be used as an alternative to short-term suspension
•
Less notice required than for out-of-school suspensions.
•
Must be given opportunity to make academic progress
during suspension.
Notice Requirements for In-School Suspension
•
Principal to inform student of the disciplinary charges and bases for
the charge and provide the student with an opportunity to respond.
•
If Principal determines student committed offense, principal informs to
the student of the length of the in-school suspension (≤ 10 days).
•
On the same day as the suspension decision, Principal must make
reasonable efforts (2 documented phone calls) to notify the parent
orally of the offense, reasons for the decision, and length of the in-
school suspension.
•
Principal must invite parents to meeting to discuss the student’s
academic performance and behavior, preferably for date of in-school
suspension or as soon as possible after.
•
Written notice to parents with reason and length of suspension and
inviting parents to meeting if it had not already occurred.
•
Written notice about rights to continued academic progress.
•
Notice must be delivered on day of suspension.
Impact on G.L. c. 71, §§ 37H and 37H½
•
School districts must adopt policies and procedures
applicable to students accused of disciplinary offenses
under G.L. c. 71, §§ 37H and 37H½.
•
No specifics on policy other than that they just comply with the
applicable statute and provide due process.
•
District should already have such a policy.
•
May still remove a student for more than 90 days under
G.L. c. 71, §§ 37H and 37H½.
•
No changes to due process requirements under G.L. c.
71, §§ 37H and 37H½.
•
Student may receive less process under those provisions.
•
But: New Section 21 is applicable to removals under 37H
and 37H ½
Educational Services and Academic Progress:
Section 21
•
Applicable to all disciplinary removals
•
Any student suspended for any length of time or expelled
must be given the opportunity to earn credits, make up
assignments, tests, papers, and other school work as
needed to make academic progress ruing the removal.
•
Students expelled or suspended from more than 10
consecutive days (in school or out) must be given the
opportunity to receive educational services and make
academic progress toward meeting state and local
requirements through a school-wide education service
plan.
•
Principal must inform students and parents of those rights
in writing when the suspension or expulsion imposed.
Education Service Plan
•
School-wide plan for students expelled or suspended (in-
or out-of school) for more than 10 consecutive days.
•
Principal to develop plan.
•
Plan to describe the services available to students and
the process for notifying the students and parents of the
services and how to arrange them.
•
Plan must be based on, and be provided in a manner
consistent with the academic standards and curriculum
frameworks under G.L. c. 69, §§1D & 1F.
Education Service Plan Cont.
•
No specific guidance from DESE on Education Service
Plans.
•
G.L. c. 71, § 37H¾ provides examples of alternatives:
•
Tutoring
•
Alternative placement
•
Saturday school
•
Online or distance learning
•
Principals may seek input of health and human services,
housing and nonprofit agencies, educational
collaboratives, and other service providers.
•
Student chooses option.
Education Service Plan Notice
•
Principal must notify students and parents of opportunity
to continued education during suspension or expulsion.
•
Same requirements as for other notices.
•
Must list specific educational services available.
•
Student chooses among options provided
•
Options may include: Saturday school, alternative school, tutoring,
online or distance learning, in-school suspension
•
May be reimbursed under G.L. c. 71B, §5A, if appropriated
•
Must identify a District contact for more information.
•
Applicable to suspensions/expulsions under §§ 37H,
37H½, and 37H¾.
Data Collection & Reporting
•
Must collect and report data to DESE on:
•
All suspensions (short-term, long-term, in-
house, and emergency) and expulsions
•
Access to education services
•
Other information to be requested by DESE
•
Manner and form to be directed by DESE
Principal Review of Data
•
Principals must periodically review data by selected
student populations (e.g., race, ethnicity, gender,
socioeconomic status, ELL status, and students with
disabilities)
•
Principals must assess extent of all types of suspensions
and expulsions and impact on selected student
populations.
•
Principal to determine if it is necessary or appropriate to
modify procedures because of over-reliance on
suspensions or expulsions or their impact on selected
student populations over other populations.
For Students with Disabilities, briefly:
•
Manifestation Determination Review still must be
conducted before discipline beyond 10 cumulative days
•
If student with special needs is removed to IAES,
services must be provided to to:
•
Enable child to continue to participate in general
curriculum
•
Enable child to progress toward meeting IEP goals
•
Depending on student’s needs and content of IEP, IAES
services may be more extensive than those available
under school-wide education service plan under Sec. 21
DESE Is Watching You
•
Every fall, DESE will publish a report by district and school
and by selected student populations.
•
DESE will determine schools with highest percentage of
students expelled or put on long-term suspensions and
Commissioner will identify schools that need assistance to
reduce the use of suspensions and expulsions.
•
DESE to consider population of school.
•
DESE to identify models to incorporate intermediate steps
and to “foster positive school climate.”
•
DESE to use statistical analysis to identify schools and
districts with data that reflect significant disparities in the rate
of suspension and expulsion by race and ethnicity or
disability.
•
Those schools will have to develop and implement a
DESE-approved plan to address those disparities.
Bottom Line
•
Specific due process procedures must be followed
•
There are limits on your authority to remove students for
offenses not under 37H, 37H ½
•
District must continue to educate students removed long-
term and must provide continued access to education
during shorter-term removals.
•
DESE expectation: use long term removals in limited
circumstances
•
No more zero tolerance: consider context, history.
Chapter 222 of the Acts of 2012 outlines new procedures for disciplinary offenses in schools, emphasizing due process rights and educational services for removed students. The law aims to limit long-term suspensions, engage parents in the discipline process, ensure continued education for suspended students, and maintain safe school environments. Principals must exercise discretion and consider alternative strategies before resorting to expulsion. Key definitions include in-school suspension and limitations on disciplinary removals.
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STUDENT DISCIPLINE RULES: CHAPTER 222 OF THE ACTS OF 2012 EFFECTIVE JULY 1, 2014 Rosann DiPietro, Esq. Kelly Gonzalez, Esq. Long & DiPietro, LLP 175 Derby Street, Unit 17 Hingham, MA 02043 (781)749-0021 rdipietro@long-law.com kgonzalez@long-law.com
Chapter 222 Summary New Section 37H added to provide procedures for disciplinary offenses not covered by 37H or 37H New c. 76, sec. 21: opportunity to make up work and/or receive educational services during period of removal (for all offenses, including 37H and 37H ) School district reporting of disciplinary data to DESE DESE can investigate districts with high rates of removals School Committees are responsible for adopting policies that are in line with the new law. Pupil absence notification program under newly added Section 1B of Chapter 76 Amended procedures for students who wish to permanently leave school (c. 76 s. 18)
The Key Takeaways Section 37H : highly detailed procedures and due process rights Limitations are imposed as to length of disciplinary removals Section 21: opportunity to make up work and/or school-wide education service plan available to excluded students (whether or not on IEPs)
Goals of New Law The goals of the new law are: 1. To limit the use of long-term suspensions; 2. To promote the engagement of the parents in the student discipline process; 3. To ensure that suspended and expelled students continue to receive educational services and make academic process; and 4. [T]o keep schools safe and supportive for all students while ensuring fair and effective disciplinary practices. 603 CMR 53.01(2).
Making a Suspension Decision In deciding the consequences of a violation under G.L. c. 71, 37H , the Principal must: Exercise discretion NO ZERO TOLERANCE POLICIES Consider ways to re-engage the student in the learning process Avoid using expulsion as a remedy unless other remedies have been employed. Other remedies include the use of evidence-based strategies and programs such as mediation, conflict resolution, restorative justice, and positive behavioral interventions and supports. 603 CMR 53.05 1. 2. 3. 4. Note: Expulsion (defined by regulations as removal for more than 90 school days) is not available under 37H
Key definitions: In-School Suspension: removal of a student from regular classroom activities, but not from the school premises, for no more than 10 consecutive school days, or no more than 10 school days cumulatively for multiple infractions during the school year. Short-Term Suspension: removal of a student from the school premises and regular classroom activities for 10 consecutive school days or less. May be served in school, at the Principal s discretion. Long-Term Suspension: removal of a student from the school premises and regular classroom activities for more than 10 consecutive school days, or for more than 10 school days cumulatively for multiple disciplinary offenses in any school year. A Principal may, in his or her discretion, allow a student to serve a long-term suspension in school. May not last more than 90 days and may not extend beyond the end of the school year if suspended under 37H . May be served in school, at the Principal s discretion. Expulsion: removal for more than 90 school days
Removal from Extra-Curriculars Are Not Suspensions Removal from only participation in extra-curricular activities, school sponsored events, or both, does not count as removal in calculating school days and due process procedures under 37H are not applicable.
Notice Prior to Suspension No long- or short-term suspensions without providing students and parents with oral and written notice and a hearing. Exceptions for emergency (NMT 2 days) and in-school suspensions (NMT 10 days cumulative). Regulations do not prevent administrators from conducting an investigation, including interviews, of school-related disciplinary incidents.
Notice Requirements for Short- and Long-Term and Emergency Suspensions Oral and written notice in English and language spoken at home. Notice must contain in plain language: The disciplinary offense; The basis for the charge; The potential consequences, including the potential length of the student s suspension; The opportunity for the student to a hearing, dispute the charges and present the student s side of the story, and to have the parents present; The date, time, and location of the hearing; The right to an interpreter, if needed; For students who may be placed on long-term suspension, information on the rights available at the hearing and the right to appeal to the Superintendent; and Information on opportunity to make academic progress and, for students who may be placed on long-term suspension, information on school-wide education plan. .
Notices to Parents for Short- and Long- Term Suspensions Written notice to parents may be made by hand delivery, mail, email to an address provided by the parents for school communications or other method of delivery agreed upon. Principals must make reasonable efforts to notify parents orally of the opportunity to attend the meeting. Principals may hold hearing without parents only if they provide written notice and at least 2 attempts to contact the parents in the manner specified for emergency notification. The same written notice is required for emergency suspensions but it need not be provided prior to imposing the suspension.
Reasonable Attempts to Reach Parents Document attempts to reach parent, especially by phone. Prepare for situations involving lack of parental response.
Principal Hearings Must hold hearing prior to short- or long-term suspension. Different requirements for emergency and in-school suspensions Formality of the hearing depends on the outcome being contemplated Greater due process rights for long-term suspension cases If you are unsure of whether the suspension will be greater than 10 days, err on the side of following the rights afforded to long-term suspensions. If you plan for a short-term suspension but learn during the hearing that a long-term suspension may be appropriate, you will have to provide the process due for a long-term suspension.
Principal Meeting Short-Term Suspension Only if 10 or fewer days (consecutive or cumulative) Meeting must occur prior to imposition of discipline Purpose: hear and consider information, provide the student with an opportunity to dispute or explain, determine if the student committed the offence and, if so the consequences. The Principal must discuss: (1) the disciplinary offense, (2) basis for the charge, and (3) any other pertinent information. The student must be allowed to present information, including mitigating facts that the Principal must consider in determining whether other remedies or consequences may be appropriate. The parents must be given an opportunity to discuss the student s conduct and offer information that the principal must consider.
Principals Decision Short-Term Suspension Based on the available information, including mitigating circumstances, the Principal shall determine whether the student committed the disciplinary offense and, if so, what remedy or consequence will be imposed. Use discretion Consider alternatives Suspension must be fewer than 10 days unless met requirements for long-term suspension hearing
Decision Notice Short-Term Suspension Form and detail are important. May update original notice. Provide notice of decision if suspended or not. Notify parents and student of determinations and reasons for it. If the student is suspended, state the duration and the opportunity to make up school work. No appeal to Superintendent.
Principals Meeting Long-Term Suspension Purpose is same as short-term meeting. All rights afforded at short-term meeting apply. Same information to be considered as short-term meeting. Additional rights afforded for long-term suspensions.
Additional Rights for Long-Term Suspension Meeting with Principal: In advance of the hearing, the opportunity to review the student's record and the documents upon which the Principal may rely in making a determination to suspend the student or not; the right to be represented by counsel or a lay person of the student's choice, at the student's/parent's expense; the right to produce witnesses on his or her behalf and to present the student's explanation of the alleged incident, but the student may not be compelled to do so; the right to cross-examine witnesses presented by the school district; the right to request that the hearing be recorded by the Principal, and to receive a copy of the audio recording upon request. If the student or parent requests an audio recording, the Principal shall inform all participants before the hearing that an audio record will be made and a copy will be provided to the student and parent upon request; and the right to appeal a suspension decision to the Superintendent.
Principals Decision for Long-Term Suspension Same requirements as for short-term suspension: Consider all evidence, including mitigating factors and student s explanation; Use discretion; and Consider alternatives.
Decision Notice for Long-Term Suspension Provide notice of decision if suspended or not. Notice must: Identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing; Set out the key facts and conclusions reached by the Principal; Identify the length and effective date of the suspension and date of return to school; Include notice of the student's opportunity to receive education services to make academic progress during the period of removal from school; Inform the student of the right to appeal the Principal's decision to the Superintendent or designee, the process for appealing the decision, and that the long-term suspension will remain in effect unless the Superintendent reverses it. Include information on rights to academic progress, available education services, and a District contact with more information.
Additional Requirement Grades Pre-K-3 If a Principal imposes a short- or long-term suspension on a student in a public pre-school program or in grades K-3, the Principal must 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. The hearing and notice requirements are otherwise the same.
Appeal to Superintendent Must be provided for long-term suspensions Principal must indicate right of appeal in his/her decision notice Superintendent may reverse decision or impose the same or lesser consequence but not greater. Superintendent s decision is final decision of the district
Appeal to Superintendent Cont. Student must appeal within 5 calendar days of the effective date of long-term suspension but may request 7 day suspension. Discretion to hear or decline untimely appeal. Superintendent must hold hearing within 3 school days of request, unless student requests extension up to 7 calendar days, which must be granted. Good faith effort to include parents made efforts to find a day and time that would allow the parents to participate. Written notice to parents of date, time, and location of hearing. Student has same rights as at long-term suspension Principal meetings. Meeting with Superintendent audio recorded, with a copy to the parents upon request. Inform parents and students in advance that recorded and copy to be provided. Issue written notice of decision that meets the requirements for long- term suspension notices, except for the references to the right to appeal.
Emergency Removal Regulations provide for temporary removal no more than 2 school days following the day of the emergency removal Available when a student is charged with a disciplinary offense and the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the principal's judgment, there is no alternative available to alleviate the danger or disruption. 603 CMR 53.07. Principal must immediately notify the Superintendent in writing of the removal and the reason for it, including describing the danger presented. May not remove student until adequate provisions for student s safety and transpiration made.
Emergency Removal Cont. During the 2-day removal, the Principal must: Make immediate and reasonable efforts to orally notify the student and the student s parent of the emergency removal, the reason for the need for emergency removal, and the other information required in notices; Provide written notice to the student and parent (same as for long- and short-term suspensions); Provide the student an opportunity for a short- or long-term suspension principal meeting (whichever is appropriate) and the parent an opportunity to attend the hearing, before the expiration of the 2 school days, unless an extension of time for hearing is otherwise agreed to by the principal, student, and parent. Render a decision orally on the same day as the hearing, and in writing no later than the following school day, which meets the requirements of short- or long-term suspension decision notices (whichever is applicable).
In-School Suspension Not more than 10 consecutive or cumulative days May be used as an alternative to short-term suspension Less notice required than for out-of-school suspensions. Must be given opportunity to make academic progress during suspension.
Notice Requirements for In-School Suspension Principal to inform student of the disciplinary charges and bases for the charge and provide the student with an opportunity to respond. If Principal determines student committed offense, principal informs to the student of the length of the in-school suspension ( 10 days). On the same day as the suspension decision, Principal must make reasonable efforts (2 documented phone calls) to notify the parent orally of the offense, reasons for the decision, and length of the in- school suspension. Principal must invite parents to meeting to discuss the student s academic performance and behavior, preferably for date of in-school suspension or as soon as possible after. Written notice to parents with reason and length of suspension and inviting parents to meeting if it had not already occurred. Written notice about rights to continued academic progress. Notice must be delivered on day of suspension.
Impact on G.L. c. 71, 37H and 37H School districts must adopt policies and procedures applicable to students accused of disciplinary offenses under G.L. c. 71, 37H and 37H . No specifics on policy other than that they just comply with the applicable statute and provide due process. District should already have such a policy. May still remove a student for more than 90 days under G.L. c. 71, 37H and 37H . No changes to due process requirements under G.L. c. 71, 37H and 37H . Student may receive less process under those provisions. But: New Section 21 is applicable to removals under 37H and 37H
Educational Services and Academic Progress: Section 21 Applicable to all disciplinary removals Any student suspended for any length of time or expelled must be given the opportunity to earn credits, make up assignments, tests, papers, and other school work as needed to make academic progress ruing the removal. Students expelled or suspended from more than 10 consecutive days (in school or out) must be given the opportunity to receive educational services and make academic progress toward meeting state and local requirements through a school-wide education service plan. Principal must inform students and parents of those rights in writing when the suspension or expulsion imposed.
Education Service Plan School-wide plan for students expelled or suspended (in- or out-of school) for more than 10 consecutive days. Principal to develop plan. Plan to describe the services available to students and the process for notifying the students and parents of the services and how to arrange them. Plan must be based on, and be provided in a manner consistent with the academic standards and curriculum frameworks under G.L. c. 69, 1D & 1F.
Education Service Plan Cont. No specific guidance from DESE on Education Service Plans. G.L. c. 71, 37H provides examples of alternatives: Tutoring Alternative placement Saturday school Online or distance learning Principals may seek input of health and human services, housing and nonprofit agencies, educational collaboratives, and other service providers. Student chooses option.
Education Service Plan Notice Principal must notify students and parents of opportunity to continued education during suspension or expulsion. Same requirements as for other notices. Must list specific educational services available. Student chooses among options provided Options may include: Saturday school, alternative school, tutoring, online or distance learning, in-school suspension May be reimbursed under G.L. c. 71B, 5A, if appropriated Must identify a District contact for more information. Applicable to suspensions/expulsions under 37H, 37H , and 37H .
Data Collection & Reporting Must collect and report data to DESE on: All suspensions (short-term, long-term, in- house, and emergency) and expulsions Access to education services Other information to be requested by DESE Manner and form to be directed by DESE
Principal Review of Data Principals must periodically review data by selected student populations (e.g., race, ethnicity, gender, socioeconomic status, ELL status, and students with disabilities) Principals must assess extent of all types of suspensions and expulsions and impact on selected student populations. Principal to determine if it is necessary or appropriate to modify procedures because of over-reliance on suspensions or expulsions or their impact on selected student populations over other populations.
For Students with Disabilities, briefly: Manifestation Determination Review still must be conducted before discipline beyond 10 cumulative days If student with special needs is removed to IAES, services must be provided to to: Enable child to continue to participate in general curriculum Enable child to progress toward meeting IEP goals Depending on student s needs and content of IEP, IAES services may be more extensive than those available under school-wide education service plan under Sec. 21
DESE Is Watching You Every fall, DESE will publish a report by district and school and by selected student populations. DESE will determine schools with highest percentage of students expelled or put on long-term suspensions and Commissioner will identify schools that need assistance to reduce the use of suspensions and expulsions. DESE to consider population of school. DESE to identify models to incorporate intermediate steps and to foster positive school climate. DESE to use statistical analysis to identify schools and districts with data that reflect significant disparities in the rate of suspension and expulsion by race and ethnicity or disability. Those schools will have to develop and implement a DESE-approved plan to address those disparities.
Bottom Line Specific due process procedures must be followed There are limits on your authority to remove students for offenses not under 37H, 37H District must continue to educate students removed long- term and must provide continued access to education during shorter-term removals. DESE expectation: use long term removals in limited circumstances No more zero tolerance: consider context, history.
