HOUSE DOCKET, NO. 3883        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 478

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Brandy Fluker Oakley

_________________

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 reduce disparities created by exclusionary school discipline policies.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Brandy Fluker Oakley

12th Suffolk

1/19/2023

Steven Owens

29th Middlesex

1/31/2023

Mindy Domb

3rd Hampshire

1/31/2023

James K. Hawkins

2nd Bristol

1/31/2023

Russell E. Holmes

6th Suffolk

1/31/2023

Orlando Ramos

9th Hampden

2/13/2023

James B. Eldridge

Middlesex and Worcester

2/16/2023

Joan Meschino

3rd Plymouth

3/2/2023

Lindsay N. Sabadosa

1st Hampshire

3/4/2023

Natalie M. Higgins

4th Worcester

3/14/2023

Samantha Montaño

15th Suffolk

3/21/2023

Tommy Vitolo

15th Norfolk

4/4/2023

Lydia Edwards

Third Suffolk

5/10/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

7/10/2023

Kay Khan

11th Middlesex

7/17/2023


HOUSE DOCKET, NO. 3883        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 478

By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 478) of Brandy Fluker Oakley and others for legislation to reduce disparities created by exclusionary school discipline policies.  Education.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act to reduce disparities created by exclusionary school discipline policies.

 

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 as appearing in the 2020 Official Edition, is hereby amended by inserting after the following subsection (g) -:

(h) Any school board may include in its code of student conduct a dress or grooming code. Any dress or grooming code included in a school board's code of student conduct or otherwise adopted by a school board shall (1) permit any student to wear any religiously and ethnically specific or significant head covering, including hijabs, yarmulkes, scarves, headwraps, and other similar coverings; (2) maintain gender neutrality by subjecting any student to the same set of rules and standards regardless of gender identity; (3) not have a disparate impact on students of a particular race, national origin, religion, disability, age, sexual orientation, or gender identity beyond a 10% discrepancy in violations at each school per year; (4) be clear, specific, and objective in defining terms, if used; (5) prohibit any school board employee from enforcing the dress or grooming code by direct physical contact with a student or a student's attire; and (6) prohibit any school board employee from requiring a student to undress in front of any other individual, including the enforcing school board employee, to comply with the dress or grooming code. This subsection shall not be interpreted to restrict school officials from prohibiting students from wearing clothing with a hateful or vulgar message.

SECTION 2.  Section 37H ¾ of Chapter 71 as appearing in the Official Edition of the General Laws passed through August 10, 2022 is hereby amended by inserting as the last sentence of subsection (a) -:

In no case may a student be suspended or expelled solely on the basis of a violation or violations of dress code standards.

SECTION 3.  The changes detailed in Sections 1 and 2 shall take effect 60 days after passage of this act.

SECTION 4.  The Department of Elementary and Secondary Education shall adopt, promulgate, amend and rescind rules and regulations or formulate policies and recommendations as necessary, including training, to effectuate the purpose of Sections 1 and 2.