Massachusetts S 376: An Act addressing school exclusion policies to remedy disparities in students' educational achievement

Bill Text

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SENATE DOCKET, NO. 1067        FILED ON: 1/15/2025 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 376 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Patricia D. Jehlen 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act addressing school exclusion policies to remedy disparities in students' educational 
achievement. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Patricia D. Jehlen Second Middlesex  
James B. Eldridge Middlesex and Worcester 6/18/2025 

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SENATE DOCKET, NO. 1067        FILED ON: 1/15/2025 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 376 
By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 376) of Patricia D. Jehlen for 
legislation to promote the education success of court involved children.  Education. 
 
[SIMILAR MATTER FILED IN PREVIOUS SESSION 
SEE SENATE, NO. 294 OF 2023-2024.] 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
_______________
 
 
An Act addressing school exclusion policies to remedy disparities in students' educational 
achievement. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Subsection (a) of section 37H of chapter 71 of the General Laws, as 
2appearing in the 2020 Official Edition, is hereby amended by striking out in lines 43 to 44, 
3inclusive, the words, “including, but not limited to, a gun or a knife” and inserting in place 
4thereof the following words:- 
5 “a device as defined as section 10 of chapter 269 of the General Laws or a controlled 
6substance as defined in chapter ninety-four C, including, but not limited to, cocaine, and heroin, 
7but not including marijuana, may be subject to exclusion from the school or school district by the 
8principal.” 

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9 SECTION 2.  Clause (b) of the fourth paragraph of section 37H of said chapter 71, as so 
10appearing, is hereby amended by striking out the word “assaults”, in line 48, and inserting in 
11place thereof the following words:- willfully assaults, with intent and means to harm. 
12 SECTION 3. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing, 
13is hereby further amended by striking out the words “have a substantial detrimental effect on the 
14general welfare of the school”, in lines 9 and 10, and inserting in place thereof the following 
15words:- pose a specific, documentable concern about the infliction of serious bodily injury upon 
16another person while in school. 
17 SECTION 4. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing, 
18is hereby further amended by striking out, in lines 10 to 12, inclusive, the sentence, “The student 
19shall receive written notification of the charges and the reasons for such suspension prior to such 
20suspension taking effect” and inserting in place thereof the following two sentences:- 
21 The student shall receive written notification of the charges and the right to a hearing 
22before the principal. If, after the hearing, the principal chooses to suspend the student, the written 
23notice of the suspension shall include the reasons for such suspension, including the basis for the 
24principal’s determination of the infliction of serious bodily injury upon another person while in 
25school, prior to such suspension taking effect.  Further, any student who is placed on diversion 
26prior to arraignment is not eligible for suspension under this section.   
27 SECTION 5. Paragraph (2) of said section 37H½ of said chapter 71, as so appearing, is 
28hereby amended by striking out the first paragraph and inserting in place thereof the following 
29three paragraphs:- 

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30 Upon a student being convicted of a or upon an adjudication or admission in court of 
31guilt with respect to such a felony or felony delinquency, the principal of a school in which the 
32student is enrolled may expel said student if such principal determines that the student's 
33continued presence in school would pose a specific, documentable concern about the infliction of 
34serious bodily injury upon another person while in school. The student shall receive written 
35notification of the charges and right to a hearing before the principal. If after the hearing, the 
36principal chooses to suspend or expel the student, the written notice shall include the reasons for 
37such exclusion, including the basis for the principal’s specific, documentable concern about the 
38infliction of serious bodily injury upon another person while in school, prior to such expulsion 
39taking effect. The student shall also receive written notification of his right to appeal and the 
40process for appe