Education Laws and Regulations

603 CMR 53.00

Student Discipline — Effective July 1, 2014

Section:

  • 53.01: Purpose and Scope
  • 53.02: Definitions
  • 53.03: Policies and Procedures
  • 53.04: Investigation of Disciplinary Incidents
  • 53.05: Alternatives to Suspension under M.G.L. c. 71, § 37H¾
  • 53.06: Notice of Suspension and Hearing under M.G.L. c. 71, § 37H¾
  • 53.07: Emergency Removal under M.G.L. c. 71, § 37H¾
  • 53.08: Principal's Hearing under M.G.L. c. 71, § 37H¾
  • 53.09: Superintendent's Hearing under M.G.L. c. 71, § 37H¾
  • 53.10: In-School Suspension under M.G.L. c. 71, § 37H¾
  • 53.11: Exclusion from Extracurricular Activities and School-Sponsored Events
  • 53.12: Disciplinary Offenses under M.G.L. c. 71, § 37H or 37H½
  • 53.13: Education Services and Academic Progress under M.G.L. c. 71, §§ 37H, 37H½, 37H¾
  • 53.14: Student Suspension and Expulsion Data Collection and Reporting
  • View All Sections

The Student Discipline Regulations were approved by the Board of Elementary and Secondary Education on April 29, 2014. They are effective July 1, 2014.


53.02: Definitions

Commissioner means the commissioner of the Department of Elementary and Secondary Education appointed in accordance with M.G.L. c. 15, § 1F, or his or her designee.

Department means the Department of Elementary and Secondary Education.

Disciplinary offense means any alleged or determined disciplinary infraction by a student, except for:

  1. (a) possession of a dangerous weapon;

  2. (b) possession of a controlled substance;

  3. (c) assault on a member of the educational staff; or

  4. (d) a felony charge or felony delinquency complaint or conviction, or adjudication or admission of guilt with respect to such felony, if a principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school, as provided in M.G.L. c. 71, § 37H or 37H½ . A disciplinary offense, as defined, is subject to the provisions of M.G.L. c. 71, § 37H¾ and 603 CMR 53.00.

Disciplinary offense under M.G.L. c. 71, § 37H or 37H½ means one or more of the following alleged or determined disciplinary infractions:

  1. (a) possession of a dangerous weapon;

  2. (b) possession of a controlled substance;

  3. (c) assault on a member of the educational staff; and

  4. (d) a felony charge or felony delinquency complaint or conviction, or adjudication or admission of guilt with respect to such felony, if a principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school, as provided in M.G.L. c. 71, § 37H or 37H½.

Expulsion means the removal of a student from the school premises, regular classroom activities, and school activities for more than 90 school days, indefinitely, or permanently, as permitted under M.G.L. c. 71, § 37H or 37H½ for:

  1. (a) possession of a dangerous weapon;

  2. (b) possession of a controlled substance;

  3. (c) assault on a member of the educational staff; or

  4. (d) a felony charge or felony delinquency complaint or conviction, or adjudication or admission of guilt with respect to such felony, if a principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school, as provided in M.G.L. c. 71, § 37H or 37H½.

In-school Suspension means removal of a student from regular classroom activities, but not from the school premises, for no more than ten consecutive school days, or no more than ten school days cumulatively for multiple infractions during the school year. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days. In-school suspension for ten days or less, consecutively or cumulatively during a school year, shall not be considered a short-term suspension under these regulations. If a student is placed in in-school suspension for more than ten days, consecutively or cumulatively during a school year, such suspension shall be deemed a long-term suspension for due process, appeal, and reporting purposes.

Long-term Suspension means the removal of a student from the school premises and regular classroom activities for more than ten consecutive school days, or for more than ten school days cumulatively for multiple disciplinary offenses in any school year. A principal may, in his or her discretion, allow a student to serve a long-term suspension in school. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days. Except for students who are charged with a disciplinary offense set forth in M.G.L. c. 71, § 37H(a) or (b), or M.G.L. c. 71, § 37H ½ no student may be placed on long-term suspension for one or more disciplinary offenses for more than 90 school days in a school year beginning with the first day that the student is removed from school. No long-term suspension shall extend beyond the end of the school year in which such suspension is imposed.

Parent means a student's father, mother, or legal guardian, or person or agency legally authorized to act on behalf of the student in place of or in conjunction with the father, mother, or legal guardian.

Principal means the instructional administrative leader or headmaster of a public school or his or her designee for purposes of school disciplinary matters. The board of trustees of a charter school or virtual school shall designate in the school discipline code who will serve as the principal for purposes of 603 CMR 53.00.

School-wide Education Service Plan ; means the document developed by a principal, in accordance with M.G.L. c. 76, §21, that includes a list of education services available to students who are expelled or suspended from school for more than ten consecutive days.

Short-term Suspension means the removal of a student from the school premises and regular classroom activities for ten consecutive school days or less. A principal may, in his or her discretion, allow a student to serve a short-term suspension in school. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days.

Superintendent means the chief executive officer employed by a school committee or board of trustees to administer a school system, charter school, or virtual school pursuant to M.G.L. c. 71, §§ 59, 59A, 89, or 94, or his or her designee appointed for purposes of conducting a student disciplinary hearing. The board of trustees of a charter school or virtual school shall designate in the school's discipline code who will serve as the superintendent for the purposes of 603 CMR 53.00.

Suspension means short-term suspension and long-term suspension unless otherwise stated.


Disclaimer:
For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore.

Last Updated: August 25, 2014

 
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