Parent Handbook - Appendix H

APPENDIX H 

REQUIRED APPLICABLE STATE OR FEDERAL LAW 

School Reform Law (Section 37H) 

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, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana,  cocaine, and heroin, may be subject to expulsion from the school or school district by the principal. 

(a) Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or  school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal. (b) 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 the opportunity to present evidence and witnesses at said hearing before the principal. After said hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been determined by the principal to have  violated either paragraph (a) or (b). 

(c) Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled  student shall have ten days from the date of the expulsion in which to notify the superintendent of his appeal. The student has the right to counsel at a  hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has  violated any provisions of this section. 

(d) When a student is expelled under the provisions of this section, no school or school district within the commonwealth shall be required to admit such  student or to provide educational services to said student. If said student does apply for admission to another school or school district, the superintendent  of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written  statement of the reasons for said expulsion. 

(e) When a student is expelled under provisions of this section, no school or school district within the Commonwealth shall be required to admit such a student  or to provide educational services to said student. If said student does apply for admission to another school or school district, the Superintendent of the  school district to which the application is made may request and shall receive form the Superintendent of the school expelling said student a written  statement of the reasons for said expulsion. 

MASSACHUSETTS GENERAL LAW—CHAPTER 71, SECTION 37H1/2 

(1) Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a  student, the principal or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by  said principal or headmaster if said 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 the reasons for such suspension prior to such  suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided,  however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent. 

 The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of his request for an  appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the  student's parent or guardian within three calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral  and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the  principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the  appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the  suspension. 

 Upon a student being convicted of a felony 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 have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification  of the charges and reasons for such expulsion 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. 

 The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an  appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the  student's parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony  on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster,  including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar  days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.  Upon expulsion of such student, no school or school district shall be required to provide educational services to such student. 

MASSACHUSETTS GENERAL LAW—CHAPTER 76, SECTION 5 

Place of Attendance: Discrimination 

Every person shall have a right to attend the public schools of the town where he actually resides, subject to the following section. No person shall be  excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such  public school on account of race, color, sex, religion, national origin or sexual orientation.