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.