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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

Most Recently Amended by the Board of Elementary and Secondary Education: September 19, 2023

53.09: Superintendent's Hearing under M.G.L. c. 71, § 37H¾

(1) A student who is placed on long-term suspension following a hearing with the principal shall have the right to appeal the principal's decision to the superintendent.

(2) The student or parent shall file a notice of appeal with the superintendent within the time period set forth 603 CMR 53.08 (3) (d) 5.a. If the appeal is not timely filed, the superintendent may deny the appeal, or may allow the appeal in his or her discretion, for good cause.

(3) The superintendent shall hold the hearing within three school days of the student's request, unless the student or parent requests an extension of up to seven additional calendar days, in which case the superintendent shall grant the extension.

(4) The superintendent shall make a good faith effort to include the parent in the hearing. The superintendent shall be presumed to have made a good faith effort if he or she has made efforts to find a day and time for the hearing that would allow the parent and superintendent to participate. The superintendent shall send written notice to the parent of the date, time, and location of the hearing.

(5) The superintendent shall conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence shall be. The superintendent shall arrange for an audio recording of the hearing, a copy of which shall be provided to the student or parent upon request. The superintendent shall inform all participants before the hearing that an audio record will be made of the hearing and a copy will be provided to the student and parent upon request.

(6) The student shall have all the rights afforded the student at the principal's hearing for long-term suspension under 603 CMR 53.08(3)(b).

(7) The superintendent shall issue a written decision within five calendar days of the hearing which meets the requirements of 603 CMR 53.08(3)(d)1. through 4. If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or a lesser consequence than the principal, but shall not impose a suspension greater than that imposed by the principal's decision.

(8) The decision of the superintendent shall be the final decision of the school district, charter school, or virtual school, with regard to the suspension.

Regulatory Authority:
M.G.L. c.69, s. 1B & c.71, s. 37H & 37H 3/4

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: September 25, 2023

 
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