Massachusetts law about student discipline

Massachusetts laws

MGL c.71, § 37G Corporal punishment prohibited. Teachers and school employees may not hit a student, except they can use "such reasonable force as is necessary to protect pupils, other persons, and themselves from an assault by a pupil."

MGL c.71, § 37H  Schools must have policies about student discipline, and students must get a handbook that explains the rules. A student who brings a weapon or drugs to school, or assaults a staff member may be expelled.

MGL c.71, § 37H-1/2  If a student is charged with a felony, they may be suspended. If they are convicted of a felony, they may be expelled. The student can appeal the decision.

MGL c.71, § 37H-3/4  Rules for schools to follow if they suspend or expel a student for any other reason

MGL c.76, § 21  Helping a student who is suspended or expelled continue their education

Massachusetts regulations

603 CMR 53: Student discipline. Sets out in detail the specific rules a school must follow when suspending or expelling a studen. The purpose of this regulation includes:

limit the use of long-term suspension as a consequence for student misconduct until other consequences have been considered and tried as appropriate

Agency

Massachusetts Department of Education

Web sources

Massachusetts compilation of school discipline laws and regulations, US Dept. of Education, 2018
"School discipline-related laws and regulations ... and, where available, links to education agency websites or resources related to school discipline and student conduct. ... categorized by type of specific discipline issue covered"

Parent guide to school discipline: when my child is disciplined at school: a guide for Massachusetts families, Appleseed Center, 2015.
Great information to help parents when their child has been disciplined at school. Explains some of the common consequences for misbehavior, from missing recess to expulsion. Includes a lot of information on appealing a school discipline decision.

Protections for students with disabilities who are being disciplined by school officials, Children's Law Center, 2015
Explains the unique legal requirements for disciplining special needs students

Quick reference on school discipline, Children's Law Center
A handy guide for child advocates in Massachusetts, covering public school students facing disciplinary hearings as well as students identified with special needs.

School discipline, Mass. Advocates for Children, 2014
Links to many sources of valuable information. " The underlying principle of the law and regulations is to make exclusion from school a last resort, especially for all but the most serious offenses. Central to the new law and regulations is the requirement that for all offenses, if a student is to be excluded for more than 10 consecutive school days, the school district must offer the student alternative education services. In addition, for all offenses, during the first 10 days of exclusion, schools are required to provide education services so that the student can make academic progress despite absence from classes."

Student discipline resources and information, Mass. Dept. of Education
Includes information for school administrators and links to information on the school discipline law.

Print sources

Disciplining students with behavioral issues, NBI, 2016.
Includes helpful information on MGL c.71, § 37H-3/4: Suspension or expulsion on grounds other than those in 37H and 37H 1/2.

School law in Massachusetts, MCLE, loose-leaf

Last updated:	April 18, 2019