SENATE DOCKET, NO. 1731        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 297

The Commonwealth of Massachusetts

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PRESENTED BY:

Patricia D. Jehlen

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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 to promote the education success of court involved children.

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PETITION OF:

SENATE DOCKET, NO. 1731        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 297

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to promote the education success of court involved children.

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

SECTION 1. Section 37H of chapter 71 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (a) in lines 41-47 and inserting in place thereof the following subsection:-

“(a) 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, defined as a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length or a controlled substance as defined in chapter ninety-four C, including, but not limited to, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.”

SECTION 2. Subsection (b) of section 37H of chapter 71 of the General Laws, as so appearing, is hereby further amended by striking out in line 48 the word, “assaults” and inserting in place thereof the following words:- “willfully assaults, with intent and means to harm”

SECTION 3. Subsection (c) of section 37H of chapter 71 of the General Laws, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

“(c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with adequate time to prepare for the hearing; access to documented evidence prior to the hearing; the opportunity to present evidence and witnesses at said hearing before the principal, the opportunity to question the school’s witnesses and a reasonably prompt written decision including specific grounds for the decision.   The principal or headmaster 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 can document reasonable efforts to include the parent or guardian in that meeting. The department shall promulgate rules and regulations that address a principal's duties under this subsection and procedures for including parents in student exclusion meetings, hearings or interviews under this subsection.

Any principal, headmaster, superintendent or other person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall exercise discretion; consider ways to re-engage the student in the learning process; and avoid using expulsion as a consequence until other remedies and consequences have been employed.”

SECTION 4. Subsection (1) of section 37H1/2 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out in lines 3-5, inclusive, the words, “issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student” and inserting in place thereof the following words:-

“arraignment or indictment of a student for an offense involving the infliction or threat of serious bodily harm in violation of law or a violation of paragraph (a), (c) or (d) of section ten or section ten E of chapter two hundred and sixty-nine”

SECTION 5. Subsection (1) of section 37H1/2 of chapter 71 of the General Laws, as so appearing, is hereby further amended by striking out in lines 10-12, inclusive, the sentence, “The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect.” and inserting in place thereof the following sentence:-

“The student shall receive written notification of the charges and the right to a hearing before the principal.   If after the hearing, the principal chooses to suspend the student, the written notice of the suspension shall include the reasons for such suspension, including the basis for the principal’s determination of the student’s detrimental effect, prior to such suspension taking effect.”

SECTION 6. Subsection (2) of section 37H1/2 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following three paragraphs:-

“(2) Upon a student being convicted of a felony offense involving the infliction or threat of serious bodily harm in violation of law or a violation of paragraph (a), (c) or (d) of section ten or section ten E of chapter two hundred and sixty- or upon an adjudication as a youthful offender, pursuant to section 54 of chapter 119, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and right to a hearing before the principal.   If after the hearing, the principal chooses to suspend or expel the student, the written notice shall include the reasons for such exclusion, including the basis for the principal’s determination of the student’s detrimental effect prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

For any suspension or expulsion under this section, the principal or headmaster of a school in which the student is enrolled 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 for a fair hearing before the principal or headmaster to discuss the charges and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The notice shall include the right to be represented by a lawyer or advocate (at the student's expense); adequate time to prepare for the hearing; access to documented evidence prior to the hearing; the right to request that witnesses attend the hearing and to question them and a reasonably prompt written decision including specific grounds for the decision.

The principal or headmaster 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 department shall promulgate rules and regulations that address a principal's duties under this subsection and procedures for including parents in student exclusion meetings, hearings or interviews under this subsection.”