Massachusetts H.B. 4332

Massachusetts H.B. 4332

Student Access to Educational Services and Exclusion from School

Requires districts to continue to provide educational services to students who have been suspended or expelled. Requires principals to ensure that students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, shall have an opportunity to make academic progress during the period of their suspension, to make up assignments and earn credits missed. A principal must develop a school-wide education service plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. Provides that instructional costs associated with providing alternative educational services for suspended or expelled students are eligible for reimbursement.

Requires districts to report to the state department of education the specific reasons for all suspensions and expulsions. The department is required to annually make available to the public district-level de-identified data and analysis.

Requires the commissioner to investigate any school that expels a significant number of students for more than ten days cumulatively in a school year.

Requires school administrators to notify a student's parent or guardian of the charges and the reason for the suspension or expulsion in English and in the primary language of the home.The student will also receive written notification, and have the opportunity to meet with school leadership to discuss the infraction. If a student has been suspended or expelled for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions, the parent or guardian will receive written notice of the right to appeal and the process for appealing. The superintendent or his or her designee shall hold a hearing with the student and his or her parent or guardian within 3 school days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses, and shall have the right to counsel.

School administrators must notify the superintendent of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect.

Provides that no student may be suspended or expelled from a school or district for a time period that exceeds 90 school days.

Requires the school committee for each city, town or district to establish a pupil absence notification program in each of its schools that notifies a parent or guardian of his child's absence if the school has not received notification. A parent or guardian must be notified if his student has at least 5 days in which he or she has missed 2 or more periods unexcused in a school year or has missed 5 or more school days unexcused in a school year.

Provides that no student who has not graduated from high school can be considered to have permanently left public school unless an administrator of the school which such student last attended has sent notice within a period of 5 days from the student's tenth consecutive absence to the student and his or her parent or guardian. The district must offer at least two dates and times for an exit interview between the superintendent or his designee and the student and his parent or guardian to occur prior to the student permanently leaving school. The purpose for the exit interview is discussing the reasons for the student permanently leaving school and considering alternative education or other placements. The department is required to publish a model protocol for conducting exit interviews with students; and maintaining a list of research and information relative to the consequences of dropping out, the benefits of earning a high school diploma and a list of alternative education resources and programs available to the student.

http://www.mass.gov/legis/journal/desktop/Current%20Agenda%202011/H4332.pdf

Source:
http://www.malegislature.gov/

Status: Signed into law Status Date: 08/06/2012

Massachusetts H.B. 4332
Student Access to Educational Services and Exclusion from School
Requires districts to continue to provide educational services to students who have been suspended or expelled. Requires principals to ensure that students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, shall have an opportunity to make academic progress during the period of their suspension, to make up assignments and earn credits missed. A principal must develop a school-wide education service plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. Provides that instructional costs associated with providing alternative educational services for suspended or expelled students are eligible for reimbursement. Requires districts to report to the state department of education the specific reasons for all suspensions and expulsions. The department is required to annually make available to the public district-level de-identified data and analysis. Requires the commissioner to investigate any school that expels a significant number of students for more than ten days cumulatively in a school year. Requires school administrators to notify a student's parent or guardian of the charges and the reason for the suspension or expulsion in English and in the primary language of the home.The student will also receive written notification, and have the opportunity to meet with school leadership to discuss the infraction. If a student has been suspended or expelled for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions, the parent or guardian will receive written notice of the right to appeal and the process for appealing. The superintendent or his or her designee shall hold a hearing with the student and his or her parent or guardian within 3 school days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses, and shall have the right to counsel. School administrators must notify the superintendent of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect. Provides that no student may be suspended or expelled from a school or district for a time period that exceeds 90 school days. Requires the school committee for each city, town or district to establish a pupil absence notification program in each of its schools that notifies a parent or guardian of his child's absence if the school has not received notification. A parent or guardian must be notified if his student has at least 5 days in which he or she has missed 2 or more periods unexcused in a school year or has missed 5 or more school days unexcused in a school year. Provides that no student who has not graduated from high school can be considered to have permanently left public school unless an administrator of the school which such student last attended has sent notice within a period of 5 days from the student's tenth consecutive absence to the student and his or her parent or guardian. The district must offer at least two dates and times for an exit interview between the superintendent or his designee and the student and his parent or guardian to occur prior to the student permanently leaving school. The purpose for the exit interview is discussing the reasons for the student permanently leaving school and considering alternative education or other placements. The department is required to publish a model protocol for conducting exit interviews with students; and maintaining a list of research and information relative to the consequences of dropping out, the benefits of earning a high school diploma and a list of alternative education resources and programs available to the student. http://www.mass.gov/legis/journal/desktop/Current%20Agenda%202011/H4332.pdf
Source: http://www.malegislature.gov/
Status: Signed into law	Status Date: 08/06/2012