Murphy, Lamere & Murphy, P.C. Advises Clients Regarding New School Discipline Law
A recent amendment to the Massachusetts student discipline law in legislation aimed at addressing the barriers blocking access to mental health is causing schools to re-evaluate their policies and procedures for disciplining students.
Chapter 177 of the Acts of 2022, effective November 8, 2022, amends M.G.L. c.71, §37H¾(b) to require administrators to take additional steps before suspending students for offenses that do not fall under M.G.L. c.71, §37H (possession of dangerous weapons or controlled substances, or assault on a staff member) or M.G.L. c.71, §37H ½ (felony or felony delinquency). In particular, the amendment makes changes to requirements for school administrators to employ alternative remedies, such as mediation, conflict resolution, restorative justice, and collaborative problem solving, and to document their use and results when considering discipline under Section 37H¾. The amendment also adds requirements for implementing school- or district-wide models to re-engage students in the learning process including positive behavioral interventions and supports models and trauma sensitive learning models.
In response to the amendment, Murphy, Lamere & Murphy, P.C. issued an Info-Gram to its clients about this amendment and the steps they should take in response. MLM’s attorneys are also available to field specific inquiries regarding the impacts on the schools, including updating discipline notices and providing strategies for compliance under the updated law, and to assist our clients in any other student discipline matters that may arise.
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UPDATE 03/01/2023: In February 2023, the Massachusetts Department of Elementary and Secondary Education (DESE) issued initial Guidance on Updated Expectations for School and District Leaders Related to Student Discipline per G.L. c. 71 s. 37 H ¾ (b), available at https://www.doe.mass.edu/sfs/discipline/updated-expectations.docx. While this guidance provides some initial clarification for districts in determining the new requirements for student discipline, questions remain about the procedural, documentary, or professional development requirements for schools to implement the new statutory provisions, and DESE has indicated that it will update its guidance later in the year.
