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School Discipline Resources

Some schools use exclusionary disciplinary policies to push out vulnerable students, including students in foster care, students with disabilities, students of color, English language learners (ELL), and LGBTQ+ students and students with court cases. By using the protections in the law to prevent suspensions and other exclusions, we can slow the school-to-prison pipeline. The following resources are offered to support students, parents and the professionals working with them, but we encourage you to contact EdLaw for an intake on any matter involving out of school suspension. 

 

Quick Reference on School Discipline:  A guide to the statutes, regulations and policies regulating the use of school exclusion as punishment to conduct related to school with practical advocacy advice. 

 

Relevant State Statutes: 

MGL c. 71, sec. 37H (drugs, weapons, assault on educational staff): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Section37H

MGL c.71 Sec 37H1/2 (felony charges):   https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Section37H1~2

MGL C. 71 Sec. 37H3/4 (all other discipline):  

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Section37H3~4

 

Regulations

Massachusetts General Education Regulations re: School Discipline:  https://www.doe.mass.edu/lawsregs/603cmr53.html

Massachusetts Regulations on the Use of Restraint, Seclusion and Time Out:  https://www.doe.mass.edu/lawsregs/603cmr46.html

 

IDEA Discipline Regulations: 34 CFR 300.530 (manifestation):  https://sites.ed.gov/idea/regs/b/e/300.530

 

Massachusetts Guidance and Initiatives: 

Rethinking Discipline Initiative (includes links to February 2, 2023Guidance on Updated Expectations for School and District Leaders Related to Student Discipline and  Rethinking Discipline Professional Development: Alternatives to Exclusionary Practices Modules — Spring 2023:  https://www.doe.mass.edu/sfs/discipline/?section=massachusetts 

Massachusetts Department of Elementary and Secondary Education Data on School Discipline: https://profiles.doe.mass.edu/statereport/ssdr.aspx

 

Federal Resources 

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