Massachusetts School Discipline Laws & Regulations: Firearms and Other Weapons Violations

Discipline Compendium

Massachusetts School Discipline Laws & Regulations: Firearms and Other Weapons Violations

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Firearms and Other Weapons Violations
State: Massachusetts

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LAWS

ALM GL ch. 71, § 37H. Policies relative to conduct of teachers or students; student handbooks.

Each school district's policies pertaining to the conduct of students shall include the following: disciplinary proceedings, including procedures assuring due process; standards and procedures for suspension and expulsion of students; procedures pertaining to discipline of students with special needs; standards and procedures to assure school building security and safety of students and school personnel; and the disciplinary measures to be taken in cases involving the possession or use of illegal substances or weapons, the use of force, vandalism, or violation of a student's civil rights. Codes of discipline, as well as procedures used to develop such codes shall be filed with the department of education for informational purposes only.

ALM GL ch. 71, § 37L. Notification to school personnel of reporting requirements for child abuse and neglect and fires; reports of students possessing or using dangerous weapons on school premises; transferred students’ school records.

In addition, any school department personnel shall report in writing to their immediate supervisor an incident involving a student's possession or use of a dangerous weapon on school premises at any time.

Supervisors who receive such a weapon report shall file it with the superintendent of said school, who shall file copies of said weapon report with the local chief of police, the department of children and families, the office of student services or its equivalent in any school district, and the local school committee. Said superintendent, police chief, and representative from the department of children and families, together with a representative from the office of student services or its equivalent, shall arrange an assessment of the student involved in said weapon report. Said student shall be referred to a counseling program; provided, however, that said counseling shall be in accordance with acceptable standards as set forth by the board of education. Upon completion of a counseling session, a follow-up assessment shall be made of said student by those involved in the initial assessment.

REGULATIONS

603 CMR 53.01. Purpose and scope.

(2) 603 CMR 53.00 sets forth, for all public preschool, elementary, and secondary schools and programs in Massachusetts, including charter and virtual schools:

(a) at 603 CMR 53.03 through 53.11, the minimum procedural requirements applicable to the suspension of a student for a disciplinary offense other than:

1. possession of a dangerous weapon.

603 CMR 53.02. Definitions.

Disciplinary Offense means any alleged or determined disciplinary infraction by a student, except for:

(a) possession of a dangerous weapon; […]

Disciplinary Offense under M.G.L. c. 71, § 37 H or 37H 1/2 means one or more of the following alleged or determined disciplinary infractions:

(a) possession of a dangerous weapon; [...]

Expulsion means the removal of a student from the school premises, regular classroom activities, and school activities for more than 90 school days, indefinitely, or permanently, as permitted under M.G.L. c. 71, § 37H or 37H 1/2 for:

(a) possession of a dangerous weapon.

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