(b) Any principal, headmaster, superintendent or person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall consider ways to re-engage the student in the learning process; and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented, following and in direct response to a specific incident or incidents, unless specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, and in cases 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 upon another person while in school. Alternative remedies may include, but shall not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving. The principal, headmaster, superintendent or person acting as a decision-maker shall also implement school- or district-wide models to re-engage students in the learning process which shall include but not be limited to: (i) positive behavioral interventions and supports models and (ii) trauma sensitive learning models; provided, however, that school- or district-wide models shall not be considered a direct response to a specific incident.
Massachusetts School Discipline Laws & Regulations: Limitations or Conditions on Exclusionary Discipline
Massachusetts School Discipline Laws & Regulations: Limitations or Conditions on Exclusionary Discipline
Category: Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement
Subcategory: Limitations or Conditions on Exclusionary Discipline
State: Massachusetts
The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. To add or change states, use the Back button and resubmit your search request.
To view a state profile showing school discipline laws and regulations in all subcategories for a given state, click on the state name.
LAWS
ALM GL ch. 71, § 37H3/4. Suspension or expulsion on grounds other than those set forth in Sections 37H or 37H1/2.
ALM GL ch. 76, § 17. Hearing prerequisite to exclusion.
A school committee shall not permanently exclude a pupil from the public schools for alleged misconduct without first giving him and his parent or guardian an opportunity to be heard.
REGULATIONS
603 CMR 18.05. Required policies and procedures.
(6) Suspension.
(c) No student may be suspended and sent home unless a responsible adult is available to receive the student.
(d) Once a student has been suspended for three consecutive school days or five non-consecutive school days in a school year, the school, parents, and public school district, consistent with federal requirements, shall explore together all possible program modifications within the school in an attempt to prevent total suspension of the student from the program.
603 CMR 53.01. Purpose and scope.
(1) The purpose of 603 CMR 53.00 is:
(a) for those discipline offenses subject to M.G.L. 71, § 37H, as set forth in 603 CMR 53.01(2)(a), to limit the use of long-term suspension as a consequence for student misconduct until other consequences have been considered and tried as appropriate.
603 CMR 53.05. Alternatives to suspension under M.G.L. c. 71, § 37H 3/4.
In every case of student misconduct for which suspension may be imposed, a principal, headmaster, superintendent or other person acting as a decision-maker at a student meeting or hearing shall first consider ways to re-engage the student in learning; and shall not use suspension from school as a consequence until alternative remedies have been tried, and documented, except as follows:
(a) where said decision-maker documents specific reasons why alternative remedies are unsuitable or counterproductive; or
(b) 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 to another person while in school. Alternative remedies may include, but are not limited to, the use of evidence-based strategies and programs such as mediation, conflict resolution, restorative justice, and collaborative problem solving.