
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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Resource on Confronting Racial Discrimination in Student Discipline — from the U.S. Department of Education on how the Office of Civil Rights and the Department of Justice resolved investigations of the disciplinary processes in 14 school districts in 10 states
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Guiding Principles and Best Practices in School Discipline to Support Students' Social, Emotional, Behavioral, and Academic Needs — U.S. Department of Education's Office of Elementary and Secondary Education (OESE), Office of Safe & Supportive Schools Technical Assistance Centers released a series of fact sheets on how school leaders and members of school communities may support students' social, emotional, behavioral, and academic well-being and success
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Addressing the Root Causes of Disciplinary Disparities: An Educator's Action Planning Guide — from the National Center on Safe Supportive Learning Environments (NCSSLE)
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Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions: https://sites.ed.gov/idea/files/qa-addressing-the-needs-of-children-with-disabilities-and-idea-discipline-provisions.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
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Guiding Principles: A resource Guide for improving School Climate and Discipline — from the U.S. Department of Education
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I Have a Question… What Parents and Caregivers Can Ask and Do to Help Children Thrive at School — from the U.S. Department of Education, America Achieves, the National Council of La Raza, the National Parent Teacher Association, and the United Negro College Fund
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School Climate and Student Discipline Resources — from the U.S. Department of Education
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National Child Traumatic Stress Network — administered by the Substance Abuse and Mental Health Services Administration (SAMHSA) and coordinated by the UCLA-Duke University National Center for Child Traumatic Stress (NCCTS) Preventing Adverse Childhood Experiences (ACE) — from the Centers for Disease Control and Prevention's Division of Violence Prevention within the National Center for Injury Prevention and Control
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Guiding Principles for School Resource Office Program (USDOJ): Additional Resources https://portal.cops.usdoj.gov/resourcecenter/Home.aspx?page=detail&id=COPS-P460
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Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders (July 19, 2022) https://sites.ed.gov/idea/idea-files/guide-positive-proactive-approaches-to-supporting-children-with-disabilities/
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Toolkit for Educators: Fix School Discipline — a resource from Public Counsel, a provider of pro bono legal services
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Positive School Discipline Interactive Course for School Leaders — a no-cost online course from the Education Development Center, a global non-profit organization
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Positive Behavior Interventions and Supports (PBIS) Self-Assessments — from the U.S. Department of Education's National Technical Assistance Center on PBIS
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Planning for Positive Guidance: Powerful Interactions Make a Difference — from the National Association for the Education of Young Children (NAEYC)