SECTION 1. Prior to any disciplinary hearing to be held by a post secondary public or private educational institution in the commonwealth concerning a student which could result in the student being suspended or expelled, the administrator or disciplinarian of the educational institution shall inform the student that he or she has the right to call his or her parents while in the custody of campus police or a law enforcement component of any post secondary educational institution in the commonwealth, and to have an attorney present during any subsequent institutional disciplinary hearing.

SECTION 2. Notwithstanding any federal or state law or regulation or school policy or regulation to the contrary, the school administration or law enforcement component of any post secondary state or private educational institution in the commonwealth, conducting a criminal investigation or disciplinary hearing of any student or having referred any alleged criminal activity of a student to a federal, state or local law enforcement agency, a federal, prosecutor, district attorney or the state attorney general shall, upon discovering any exculpatory evidence related to such student suspect under investigation for or charged with a crime, immediately notify, in writing, such law enforcement agency, federal, prosecutor, district attorney or the state attorney general of the exculpatory evidence. Such notice shall be sent to the agency that has primary responsibility for the criminal matter at the time of the discovery of exculpatory evidence.

SECTION 3. Nothing in this section shall be deemed to prevent the temporary suspension of a student pending an investigation.