charges against the student and given an opportunity to present their side of the story. For discipline
involving exclusion, the following procedures will be followed.
The procedures that will apply, and the rights of a student in connection with those procedures, will vary
based on the requirements of the different state laws which apply to different types of student
conduct. For your information, three of the most significant statutes in this area are reprinted on the pages
that follow. Section 37H ½ of Chapter 71 of the General Laws applies to the issuance of a criminal complaint
charging a student with a felony or the issuance of a felony delinquency complaint against a student, as
well as to a student’s conviction of, or adjudication or admission in court of guilt with respect to, such a
felony or felony delinquency. Section 37H of Chapter 71 of the General Laws applies to student possession
(on school premises, or at school sponsored or school-related events, including athletic games) of
controlled substances or dangerous weapons, or a student’s assault (on school premises, or at school
sponsored or school-related events, including athletic games) on a member of the educational staff. Section
37H ¾ applies to other disciplinary offenses including violations to the Student Code of Conduct, that are
not covered by either Section 37H or 37H 1/2. Students should also be aware of the regulations
implementing these statutes at 603 CMR 53.00 et seq., which may be found on the website for the
Massachusetts Department of Elementary and Secondary Education.
Suspensions and Exclusions under M.G.L. Chapter 71, Section 37H 3/4
M.G.L. Chapter 71, Section 37H 3/4
(a) 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.
(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. (c) 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