HOUSE DOCKET, NO. 3273        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 502

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Steven Ultrino

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to student conduct.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Steven Ultrino

33rd Middlesex

1/16/2015

Stephen L. DiNatale

3rd Worcester

8/27/2019

Steven S. Howitt

4th Bristol

8/27/2019

Joseph W. McGonagle, Jr.

28th Middlesex

8/27/2019

Geoff Diehl

7th Plymouth

8/27/2019

Jennifer L. Flanagan

Worcester and Middlesex

8/27/2019

F. Jay Barrows

1st Bristol

8/27/2019


HOUSE DOCKET, NO. 3273        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 502

By Mr. Ultrino of Malden, a petition (accompanied by bill, House, No. 502) of Steven Ultrino and others relative to the rights of certain expelled students to cross examine witnesses at the administrative hearing level.  Education.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to student conduct.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 222 of the Acts of 2012 is hereby amended in Section 3 by striking (e) and inserting the following section:

A student who has been suspended or expelled from school for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year shall have the right to appeal the suspension or expulsion to the superintendent. The student or a parent or guardian of the student shall notify the superintendent in writing of a request for an appeal not later than 5 calendar days following the effective date of the suspension or expulsion; provided, that a student and a parent or guardian of the student may request, and if so requested, shall be granted an extension of up to 7 calendar days. The superintendent or a designee shall hold a hearing with the student and the parent or guardian of the student within 3 school days of the student’s request for an appeal; provided that a student or a parent or guardian of the student may request and, if so requested, shall be granted an extension of up to 7 calendar days; provided further, that the superintendent, or a designee, may proceed with a hearing without a parent or guardian of the student if the superintendent, or a designee, makes a good faith effort to include the parent or guardian. At the hearing, the student shall have the right to present oral and written testimony, and shall have the right to counsel. The superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That decision shall be the final decision of the school district with regard to the suspension or expulsion.