Bill S.2786

FILED ON: 2/28/2022

SENATE . . . . . . . . . . . . . . No. 2786

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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

SECTION 2. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing, is hereby further amended by striking out the words “have a substantial detrimental effect on the general welfare of the school”, in lines 9 and 10, and inserting in place thereof the following words:- pose a specific, documentable concern about the infliction of serious bodily injury upon another person while in school.

SECTION 3. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing, is hereby further amended by striking out, in lines 10 to 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 two sentences:-

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 4. Paragraph (2) of said section 37H½ of said chapter 71, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following three paragraphs:-

Upon a student being convicted of a or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, 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 pose a specific, documentable concern about the infliction of serious bodily injury upon another person while in 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 specific, documentable concern about the student’s continued presence in school, 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.

SECTION 5. Section 37H¾ of said chapter 71, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) 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 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, except in cases where the student’s continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury upon another person while in school. Said remedies may include, but not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving. Said principal, headmaster, superintendent or person acting as a decision maker shall also exercise discretion in implementing school- or district-wide models to re-engage students in the learning process, including but not limited to (i) positive behavioral interventions and supports models; (ii) response to intervention models; and (iii) trauma sensitive learning models, provided however that said school- or district-wide models shall not be considered a direct response to a specific incident.