PETITION OF:

Alice K. Wolf

Patricia A. Haddad

Marie P. St. Fleur

Robert L. Rice, Jr.

Michael A. Costello

David Paul Linsky

Frank I. Smizik

Elizabeth A. Malia

Matthew C. Patrick

Tom Sannicandro

Benjamin Swan

Kathi-Anne Reinstein

Jay R. Kaufman

Richard J. Ross

Barbara A. L'Italien

William N. Brownsberger

Denise Provost

Michael E. Festa

Carl M. Sciortino, Jr.

Steven A. Tolman

Gloria L. Fox

Joyce A. Spiliotis

Kay Khan

Patricia D. Jehlen

SECTION 1. Section 37H of Chapter 71, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof the following clause:—

(f) The superintendent shall complete a review of any disciplinary exclusion, as defined herein, under this section, section 37 ½, or section 17 of chapter 76, not later than 6 months after the date of the disciplinary exclusion for any student, unless a review is requested by the student, or the student’s parents or legal guardian prior to the 6 month review, for the purpose of determining whether the student should be re-admitted to school prior to the end of the disciplinary exclusion. The superintendent shall consult with the principal concerning the student’s re-admittance and shall accept and consider written reports and any testimony submitted by the student or student’s parents or legal guardian relevant to the question of whether the student should be re-admitted. The student or the student’s parents or legal guardian may be represented by counsel or by any person they designate to speak on their behalf. The student shall be re-admitted if the student can demonstrate the following: (1) that the student presents mitigating evidence or demonstrates that the student has addressed satisfactorily the behavior that led to the disciplinary exclusion and (2) that the student’s presence in school will not pose a danger to others. The parents, legal guardian or student whose family income is below 400% of the federal poverty guidelines may request from the district an evaluation as part of this review from an independent qualified evaluator of their choice who is certified, registered, licensed or otherwise approved and who abides by rates set by the state agency responsible for setting such rates. If, following a review hearing, the superintendent does not re-admit the student, further review hearings to consider the student’s re-admittance shall be convened by the superintendent at least every three months following the first review hearing.

The superintendent shall, at the time of the disciplinary exclusion, notify in writing the student, the student’s parents, or legal guardian of the rights set forth in this section. Any notification sent shall be in the language understandable to the student, parents or legal guardian.

Within ten school days of any review hearing under this section, the superintendent shall notify in writing the student and the student’s parents or legal guardian of the decision as to the student’s right to attend school within the school system. If the superintendent determines that the disciplinary exclusion shall remain in effect, the letter shall state the conditions that are reasonably related to the school safety concerns underlying the decision to exclude the student and designed to mitigate such concerns, the date of the next review hearing, and any alternative education options that exist for the student.

The superintendent shall notify the commissioner of education of any disciplinary exclusion of any student from school and shall report to the commissioner the opportunities for alternative education provided to the student. The commissioner shall file a report on an annual basis with the joint committee on education, arts and humanities concerning the number of disciplinary exclusions in public schools, the alternative education options provided to students and the number of students re-admitted under the provisions of this section. Each superintendent shall ensure that the reporting of data on disciplinary exclusions shall be made on an annual basis to the state and to the public. To ensure consistency with federal reporting requirements, as part of the annual public reports required by this Act, both the superintendent and commissioner shall collect and report publicly the disaggregated school discipline data at the state and district level for all students, including those not identified as having a disability, by all the categories currently required by 20 U.S.C. Section 1418.

The term “disciplinary exclusion” shall mean any disciplinary action, however termed, taken under the authority of the school committee, superintendent, or principal to prohibit a student from attending classes the student would have attended but for the disciplinary action for more than 10 consecutive school days.

SECTION 2. Chapter 76, as so appearing, is hereby amended by inserting after section 17 the following section:—

Section 17A. Notwithstanding any general or special law to the contrary, any student who has not reached the ninth grade may not be excluded from school for more than 10 consecutive school days unless the school district first proves by clear and convincing evidence to a court of competent jurisdiction that the student is a danger to others, and the district receives permission of the court to exclude the student. Any student excluded from school under this section shall retain the rights of hearing and appeal as set forth in section 37H of chapter 71 of the General Laws, and shall retain the right of judicial review as set forth in section 14 of chapter 30A of the General Laws.

SECTION 3. Section 2 of Chapter 70 of the General Laws, as so appearing, is hereby amended by inserting after the word “October”, in line 226, the following sentences:— The department shall promulgate regulations to ensure that no student excluded for more than 10 consecutive school days by a school district shall be included in the department’s calculation of the said district’s foundation budget, unless the student is provided with alternative education as defined in section 1N(a) of chapter 69, in accordance with sections 1D and 1E of chapter 69 and section 38G of chapter 71. The department shall adjust the district’s October first enrollment report upon notification of the district that a student has been excluded for more than 10 consecutive school days. School districts shall report each such exclusion of any student to the department no later than 10 days after the conclusion of the school district’s administrative process resulting in the exclusion. Reports shall include the State Assigned Student Identifier of each such student excluded and state whether such students are receiving full-time alternative education services from the school district. Disbursements of funds by the department under chapter 70 to the school district issuing more than 30 days after the exclusion report shall be reduced pro rata to reflect those students excluded and not afforded a full-time alternative program.

SECTION 4. Section 3 of Chapter 71B is hereby amended by adding a new paragraph at the end:─

The principal of a school or the principal’s designee shall determine whether a referral for an evaluation should be made for any child attending said school who has been suspended or truant more than five days in any quarter and shall provide notice to the student’s parents or legal guardian in the language understandable to them.

SECTION 5. Nothing in this Act or any amendment made by this Act shall be construed to supersede any provision of any federal or state law or regulation regarding the rights of students with disabilities.