Student Handbook DRAFT
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conduct, except that during the period of suspension or expulsion, the district must continue to provide the student with
a free appropriate public education (FAPE) and, if appropriate, conduct a functional behavior assessment and provide
intervention services and modifications to prevent the conduct from recurring. If the conduct involves weapons, drugs,
or serious bodily injury, a special education student may be removed to an interim alternative educational placement
for up to 45 school days regardless of the behavior’s relationship to his/her disability.
Additional information regarding the procedural protections for students with disabilities can be obtained from the
Director of Pupil Services at 978-567-6111.
POSSESSION OF WEAPONS OR CONTROLLED SUBSTANCES
ASSAULT OF EDUCATIONAL PERSONNEL
Massachusetts General Law Ch. 71, §37H authorizes the principal to expel students as follows:
1. Any student who is found on school premises or at school-sponsored or school-related events, including athletic
games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled
substance as defined in Chapter Ninety-Four C, including, but not limited to, marijuana, cocaine, and heroin, may
be subject to expulsion from the school or school district by the principal.
2. Any student who assaults a principal, assistant principal, teacher, teacher’s aide or other educational staff on school
premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion
from the school or school district by the principal.
3. Any student who is charged with a violation of either paragraph (1) or (2) shall be notified in writing of an
opportunity for a hearing; provided, however that the student may have representation, along with the opportunity
to present evidence and witnesses at said hearing before the principal.
After said hearing, a principal may, at his discretion, decide to suspend rather than expel a student who has been
determined by the principal to have violated either paragraph (1) or (2).
4. Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal
to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the
superintendent of his appeal. The student has the right to counsel at a hearing before the superintendent. The
subject matter of the appeal shall not be limited solely to a factual determination of whether the student has
violated any provisions of this section.
5. Any school district that suspends or expels a student under this section shall continue to provide educational
services to the student during the period of suspension or expulsion, under section 21 of chapter 76. If the student
moves to another district during the period of suspension or expulsion, the new district of residence shall either
admit the student to its schools or provide educational services to the student in an education service plan, under
section 21 of chapter 76.
6. Districts shall report to the department of elementary and secondary education the specific reasons for all
suspensions and expulsions, regardless of duration or type, in a manner and form established by the commissioner.
The department of elementary and secondary education shall use its existing data collection tools to obtain this
information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis,
the department of elementary and secondary education shall make district level de-identified data and analysis,
including the total number of days each student is excluded during the school year, available to the public online in
a machine readable format. This report shall include district level data disaggregated by student status and
categories established by the commissioner.
7. Under the regulations promulgated by the department, for each school that suspends or expels a significant number
of students for more than 10 cumulative days in a school year, the commissioner shall investigate and, as
appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or
expulsion. The results of the analysis shall be publicly reported at the school district level.
A copy of this law may be obtained in the main office.