DISTRICT WIDE CODE OF CONDUCT

Approved by the Dover, Sherborn and Region School Committees on June, 9th, 2026

The Dover-Sherborn Public Schools are committed to providing a safe, supportive, and respectful learning environment for all students from kindergarten through grade 12.  The Code of Conduct outlines the expectations for student behavior in classrooms, on school grounds, on buses, at school-sponsored events, and in all digital spaces connected to school life.

The Code of Conduct is administered within the guidelines set forth by state and federal laws and regulations with regard to due process for students.  The Handbook is distributed at the beginning of every year to every student.  It is the expectation of the administration and the school system that parent(s)/guardian(s) and students will read the Handbook. Students and parents/guardians are responsible for raising any questions that they may have regarding this Handbook and its provisions with the school administration.  Even if the student does not sign the acknowledgement form included with the distribution of this Handbook, they are expected to comply with the rules and policies contained within.

A student’s behavior off campus or anywhere in a student’s digital footprint can have a serious negative impact on other students or members of the school community during the school day and at extracurricular activities.  As such, if a student engages in conduct outside of school that causes a substantial disruption to the school environment, such conduct may be considered a basis for discipline.

Students are expected to be courteous, reasonable and responsible. Students will respect all staff, other students, and school property.  Inappropriate attitudes and behavior will be dealt with in a manner that will encourage change.  A system of warnings and procedures is built into the overall approach to changing behavior in Dover-Sherborn Public Schools.

As always, discipline cases are handled individually, respecting the rights, developmental needs and dignity of the student while taking into account the needs and best interest of the entire school community.  To respect the confidentiality of all of our students and families, and in accordance with state and federal student privacy laws, we are not at liberty to discuss the disciplinary actions taken regarding students other than your own.

The district recognizes that students with disabilities may need accommodations or modifications, and any school rule, policy, or expectation can be adjusted as needed to ensure equal access and support.

Progressive Discipline

Whenever possible and practical, administrators consider an appropriate alternative to suspension before the student is excluded from school. Alternatives may include the use of evidence-based strategies and programs such as mediation, conflict resolution, culturally responsive behavior supports, restorative practices/justice, and positive behavioral interventions and supports.  

Access to Educational Programming

Any student who is suspended from school will be given the opportunity to make up schoolwork as needed to make academic progress. Students are therefore encouraged to maintain contact with their classroom teacher via email to keep on track with classwork. In addition, where appropriate, the student’s school counselor may contact the student during the out of school suspension to provide social emotional support. Upon completion of the suspension, the student’s assistant principal/school counselor will work with the student, family, and teachers to reintegrate the student back into the school community in a positive way.

Any student who is excluded from school for more than ten (10) consecutive days will have an opportunity to receive education services in order to make academic progress through the school-wide education service plan.    

Except in the case of the felony charges and statutory offenses, students may not be suspended more than 90 days in a school year.  

Discipline and Due Process

Our goal is always to support positive behavior and resolve issues in ways that help students learn from mistakes. When discipline is necessary, the school follows Massachusetts laws, which outline student rights and steps for different levels of consequences.  The statutory due process requirements for such consequences are detailed in Appendix A.

Classroom and School-Based Consequences

Teachers and administrators may use warnings, loss of privileges, detentions, or restorative practices.  These consequences do not require a formal hearing but families will be notified if patterns of behavior emerge.

Alternatives to Suspension

Prior to issuing exclusionary discipline, such as suspension, the principal or their designee shall consider the use of alternatives.  The principal, head of school, superintendent, or person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student:

• shall consider ways to re-engage the student in the learning process; and
• shall not suspend the student until alternative remedies have been employed and their use and results documented, following and in direct response to a specific incident or incidents, unless:

• specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, or
• in cases where the student’s continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury or other serious harm upon another person while in school.

Alternative Remedies may include, but shall not be limited to:  (1) mediation, (2) conflict resolution, (3) restorative justice, and (4) collaborative problem solving.

This rule shall not apply to disciplinary offenses under MGL Ch. 71, Section 37H and Section 37H1/2 or emergency removals.

In-School Suspension

In-school suspension is defined as the removal of a student from regular classroom activities, but not the school premises, for not more than ten (10) consecutive school days, or no more than ten (10) school days cumulatively for multiple infractions over the course of the school year. The principal shall inform the student of the disciplinary offense charged and the basis for the charge, and provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident. The principal’s decision to issue an in-school suspension is final and not appealable to the Superintendent.

Short-Term Suspension (10 days or fewer)

Before a suspension, the principal will hold a meeting with the student and parent/guardian.  Families will receive written notice describing the charges, evidence, and proposed consequences.  The student and parent/guardian have the right to share information before a decision is made.  The principal or designee will provide a written decision.  The principal’s decision to issue a short term suspension is final and not appealable to the Superintendent.

Long-Term Suspension (more than 10 days, up to 90 school days)

The principal will hold a formal hearing, with advance written notice of the charges and rights.  Students have the right to be represented by a parent/guardian or other adult, to present evidence, and to question witnesses.  After the hearing, the principal will issue a written decision.  Families may appeal the decision to the superintendent, whose ruling is final.

Emergency Removal

A student may be temporarily removed prior to notice and hearing when a student is charged with a disciplinary offense and the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school and, in the principal’s judgment, there is no alternative available to alleviate the danger or disruption.

Suspension or Expulsion Related to a Felony Charge or Delinquency Complaint

Upon the issuance of a criminal complaint charging a student with a felony, or the issuance of a felony delinquency complaint against a student, the principal may suspend a student for a period of time determined appropriate by the principal if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.

The principal may expel a student convicted of a felony, or has an adjudication or admission of guilt regarding a felony, if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.

Expulsion for Statutory Offenses (permanent removal from school)

By law, expulsion may only occur in limited circumstances (weapons, drugs, assault on staff, or felony charges/convictions).  Expulsions require a formal hearing with due process protections.  Families have the right to appeal an expulsion to the superintendent.

Appeal Process

Appeals must be requested in writing within five calendar days of the decision.  The superintendent will schedule a hearing promptly and issue a written decision.  We encourage families to reach out to the school office with questions about discipline procedures, rights, or supports available for students.

Violation of Another’s Civil Rights

Students have the right to be free from discrimination, including verbal or physical attacks based on race, color, national origin, religion, sex, disability, gender identity, sexual orientation, or homelessness. Any student who violates another student's rights to be free from discrimination will be subject to disciplinary sanctions which will vary, depending upon the seriousness of the offense, from detention up to and including expulsion. Particularly serious violations will also be referred to the police.

Potential Disciplinary Consequences

Code of Conduct violations, including but not limited to the infractions defined in this section, may result in disciplinary consequences. This section outlines the range of consequences typically issued by administrators. Please note that each disciplinary decision is made on an individual basis, and the decision maker may consider disciplinary history, severity of the conduct, multiple violations of conduct in the same incident, and other factors when determining appropriate consequences.  The Administration retains the right to increase or decrease the recommended term of suspension based on aggravating / mitigating circumstances.

Inappropriate Physical Contact

School grounds are not an appropriate environment for certain types of physical contact even when consensual. Such behavior will result in referral for appropriate discipline up to and including long-term suspension depending upon the circumstances.

Physical Assault

One-sided attack: possible long-term suspension.

Assault with a weapon: possible long-term suspension. Additionally, the student will be subject to possible long-term suspension or expulsion by the principal for possession of a “dangerous weapon” pursuant to M.G.L. c. 71, sec. 37H.

In the case of a physical assault, the Dover Police Department may be contacted, and if the case involves possession or use of a dangerous weapon, a weapons report will be filed pursuant to M.G.L. c. 71, sec. 37L. A physical assault on school personnel will result in a possible suspension with the possibility of expulsion by the principal pursuant to M.G.L. c. 71,sec. 37H.

Fighting

First offense: a possible three (3) to five (5) day suspension (administrative decision). Police may be notified.

Subsequent offenses: a possible five (5) to ten (10) day suspension (administrative decision). Police may be notified of all occasions of fighting.  Any student involved in a fight who fails to cease or desist at the request or intervention by a staff member may be suspended for five (5) to ten (10) days (administrative decision). Any student who strikes or causes bodily harm or injury to a staff member who is attempting to intervene will be considered to have physically assaulted the staff member and will be subject to expulsion by the Principal under c.71, sec. 37H.

Provoking a Fight

Any student who, by word or action, is determined to have provoked or instigated a fight may receive a possible 1-5 day suspension.

Alcohol and Other Drug Policy

The Dover-Sherborn Public Schools strive to provide a healthy, safe and supportive school environment for all students, staff and visitors. Since under Massachusetts’s law it is illegal for any individual under the age of 21 to use or possess alcoholic beverages and, regardless of age, to use or possess an illicit drug, acceptance of illegal and unhealthy activity is prohibited.

The Dover and Sherborn Police Departments will be notified in all cases of actual possession, sale and distribution of alcohol or other drugs. The principal will turn over all drugs or contraband to the police before the close of the school day.

The Dover-Sherborn Public Schools will continue to provide, without penalties, assistance to students who are voluntarily seeking alcohol and other drug treatment or advice and will continue to protect the due process rights of all students.

Sanctions for Violations of the Alcohol and Other Drug Policy:

Pursuant to Section 37H of chapter 71 of the Massachusetts General Laws, any student who is found on school premises or at school sponsored or school-related events, including athletic games, in possession of a controlled substance as defined in Dover-Sherborn Regional Schools follow the guidelines as outlined in M.G.L. c.94C.  Massachusetts Chapter 94C, known as the Controlled Substances Act, is the state law that regulates the manufacture, distribution, dispensing, possession, and use of controlled substances within Massachusetts.

Depending on the offense committed, students are subjected to school-based disciplinary action that can range from a removal from school programs, to a multi-day suspension, and in some cases expulsion from school.

Other Offenses

The following is a list of conduct that is explicitly prohibited by the District and will result in disciplinary action, including but not limited to restorative practices, detention, loss of privileges, parent/guardian notification, in-school suspension, or out-of-school suspension in accordance with Massachusetts law and District policies.

● Discipline referrals from faculty or staff

● Violations and/or disregard of the school policies

• Plagiarism

● Behavior in the corridors, cafeteria, bus and common areas, which does not adhere to

    the established expectations for conduct

● Tardiness/Truancy/Cutting of class

● Violation of the electronic devices expectations of the school

● Bringing inappropriate non-school-related items to school

• Possession of item resembling a dangerous weapon

● Knowingly making false claims

● Profanity/inappropriate language

● Dress Code violations

• AI Policy violation (add link)
• Acceptable Technology Use Violation
• Violation of Responsible Use Policy - Grades K-5
• Violation of Responsible Use Policy - Grades 6-12

● Repeated minor infractions or habitual disregard of school policies

● Behavior that is dangerous to self or others, destructive to property, or disruptive to the learning environment.

● Destruction or defacement of school property (ie: Vandalism)

● Unsafe physical behavior/ aggression

● Disorderly conduct/ disruptive behavior to the learning environment

● Assault (includes not only harmful or offensive touching of another person, but also the immediate threat of such touching)

● Threats or intimidation to any student or school department personnel

● Safety Threats/ false alarms

● Fire setting/ arson

● Possession of a dangerous weapon

● Possession, use, or being under the influence of alcohol or other drugs (See also, M.G.L.

   ch. 71, §37H at page 38)

● Theft

● Violations of the District’s Policy Prohibiting Hazing

● Violations of the District’s Policy Prohibiting Bullying, including cyber bullying, and/or

   retaliation

● Use of slurs, hate speech, or derogatory language referencing gender, race, ethnicity, color, national origin, ancestry, religion, age, sexual orientation, gender identity or disability

● Harassment of other students and staff because of their gender, race, ethnicity, color, national origin, ancestry, religion, age, sexual orientation, gender identity or disability

• Any behavior not listed above that is harmful and/or dangerous to the school community

Investigation Process

Interviews and Searches

Under Dover Sherborn School Committee policy, school administrators have the authority, as deemed necessary, to interview students regarding matters that are relevant to the school environment. In addition, school administrators may search students and their personal belongings on school property when the administrator has a reasonable basis for believing that the search will produce evidence that the student has violated a school rule or a state or federal law. Lockers, desks, and similar areas assigned to students remain the property of the school and are therefore subject to inspection by the school administration at any time.

Video Camera Use

Video cameras may be in use in some public areas of school property, such as hallways, the gymnasium, cafeteria and exterior locations of the school building. Appropriate disciplinary action may be taken for misconduct that is recorded or observed from that security system.

Protocols related to camera use are:

• Live monitoring may be utilized at any time, particularly during any emergency protocol or situation.
• In cases of serious incidents, such as violence, theft, or vandalism, the principal (or designee), school resource officer, or superintendent (or designee) may view the electronic file captured by the web-based camera system.
• A notice that video surveillance may take place on school property will be posted at the main entrance. The principal also has the option of posting such notices at other locations in the building, at their discretion.

Considerations

Consequences are not automatic and administrators use their discretion in determining what consequences are appropriate given the violation and circumstances surrounding the violation.  The infractions and consequences are intended to give both students and parent/guardian a clear understanding of administration’s expectations for conduct and consequences that will be considered in making discipline decisions. In addition whenever possible and appropriate a restorative approach will also be applied.

Consequences

Depending on the offense committed, students are subjected to school-based disciplinary action that can range from a removal from school programs to a multi-day suspension.  In some offenses, this may result in expulsion from school.

In the event that a parent/guardian cannot be contacted to pick up a student or in the event that a parent/guardian refuses to pick up a student if requested to do so, the administration will notify the police department.

Educational Services Plan

Ability to Make Progress 

Any student who is serving an in-school suspension, short-term suspension, long-term suspension, or expulsion shall have the opportunity to earn credits, as applicable, make up assignments, tests, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom or school.  The principal shall inform the student and parent of this opportunity in writing when such suspension or expulsion is imposed.

Removal from School

Any student who is expelled or suspended from school for more than ten consecutive days, whether in school or out of school, shall have an opportunity to receive education services and to make academic progress toward meeting state and local requirements, through the school-wide education service plan.

Notice of Education Services for Students in Long-Term Suspension and Expulsion; Enrollment Reporting

The principal shall notify the parent and student of the opportunity to receive education services at the time the student is expelled or placed on long-term suspension. Notice shall be provided in English and in the primary language spoken in the student's home if other than English, or other means of communication where appropriate. The notice shall include a list of the specific education services that are available to the student and contact information for a school district staff member who can provide more detailed information.

The school’s educational service plan options are:

1. Online course enrollment; or
2. Tutoring with coursework provided by the student’s classes; or
3. A combination of both A and B.  

Please contact the building principal in order to learn more about the available options and arrange for educational services.  The student’s attendance in educational services and academic progress will be tracked by the district during the period of removal.

If the student is eligible for special education, please contact the Special Education Department or the special education administrator listed on the student’s IEP in order to arrange for the provision of any special education services the student’s IEP Team has determined the student requires in order to make educational progress during the disciplinary removal.

Considerations for students with disabilities

Manifestation Determination Review (MDR)

When the district identifies that a student has, or is suspected of having, a disability and the student faces a suspension totaling 10 or more school days in a single school year (whether the days are consecutive or cumulative), the Team will conduct a Manifestation Determination Review (MDR). The purpose of the MDR is to determine whether the behavior that resulted in the disciplinary action was a manifestation of the student's disability or suspected disability.

The MDR Team must answer two questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
2. Was the conduct in question the direct result of the Local Education Agency's (LEA)/district's failure to implement the IEP?

MDR Outcome: Behavior is a Manifestation ("YES" to either question)

• The student cannot be removed from the current educational placement (except in special circumstances, see below).
• The IEP Team must:

• Conduct a Functional Behavioral Assessment (FBA) (if one hasn't been done).
• Develop a Behavior Intervention Plan (BIP), or review and revise an existing BIP to address the behavior.

• The student must be returned to the placement from which they were removed, unless the parent and the district agree to a change in placement as part of the revised BIP.
• If the district, the parent, and the relevant members of the child’s IEP Team determine that the behavior was a direct result of the district’s failure to implement the IEP, the district must take immediate steps to remedy those deficiencies.

MDR Outcome: Behavior is NOT a Manifestation ("NO" to both questions)

• The school may apply the same disciplinary procedures to the student as it would to a non-disabled student (e.g., suspension/expulsion).
• However, even if disciplined like a non-disabled student, the district's responsibility to provide FAPE continues.

Provision of Services (FAPE)

After a student with a disability has been removed from their current placement for a total of more than 10 school days in the same school year, the district must provide services to the extent necessary to enable the child to:

• Continue to appropriately progress in the general curriculum.
• Continue to progress toward achieving their IEP goals.

Not later than the date of the decision to take disciplinary action, the school district notifies the parents of that decision and provides them with the written notice of procedural safeguards.  If the parent chooses to appeal or the school district requests a hearing because it believes that maintaining the student's current placement is substantially likely to result in injury to the student or others, the student remains in the disciplinary placement, if any, until the decision of the hearing officer or the end of the time period for the disciplinary action, whichever comes first, unless the parent and the school district agree otherwise.

Continuation of Services:

Even if a student with a disability is suspended or expelled, schools must continue to provide educational services that allow the student to make progress in the general curriculum and toward IEP goals.

Interim Alternative Educational Setting (IAES):

In cases involving weapons, drugs, or serious bodily injury, schools may place a student in an alternative setting for up to 45 school days, even if the behavior is determined to be related to the disability. The team determines the IAES.

Discipline and Students Not Yet Found Eligible:

If, prior to the disciplinary action, a district had knowledge that the student may be a student with a disability, then the district makes all protections available to the student until and unless the student is subsequently determined not to be eligible. The district may be considered to have prior knowledge if:

a.       The parent had expressed concern in writing; or

b.       The parent had requested an evaluation; or

c.       District staff had expressed directly to the special education director or other supervisory personnel specific concerns about a pattern of behavior demonstrated by the student.

The district may not be considered to have had prior knowledge if the parent has not consented to evaluation of the student or has refused special education services, or if an evaluation of the student has resulted in a determination of ineligibility.

 If the district had no reason to consider the student disabled, and the parent requests an evaluation subsequent to the disciplinary action, the district must have procedures consistent with federal requirements to conduct an expedited evaluation to determine eligibility.

 If the student is found eligible, then he/she receives all procedural protections subsequent to the finding of eligibility.

Appendix A.

Further descriptions of suspension processes are outlined below

NOTICE OF PROPOSED SUSPENSION

Except in the case of an emergency removal, the school shall provide the student and parent/guardian with written and oral notice of the proposed out of school suspension prior to removal.  Parents shall be provided an opportunity to be heard and to participate at the hearing.

 Notice shall set forth in plain language:

1. the disciplinary offense;
2. the basis for the charge;
3. the potential consequences, including the potential length of the student’s suspension;
4. the opportunity for the student to have a hearing with the principal concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident, and for the parent/guardian to attend the hearing;
5. the date, time, and location of the hearing;
6. the right of the student and student’s parent/guardian to interpreter services at the hearing if needed to participate;

The principal shall make reasonable efforts to notify the parent/guardian orally of the opportunity to attend the hearing. In order to conduct a hearing without the parent/guardian present, the principal must be able to document reasonable efforts to include the parent/guardian. Reasonable effort is presumed if the principal sent written notice and documented at least two attempts to contact the parent/guardian in the manner specified by the parent/guardian for emergency situations.

All written communications regarding notice of proposed suspension shall be either by hand delivery or delivered by first-class mail, certified mail, or email to the address provided by the parent/guardian for school communications (or other method agreed to by the principal and parent/guardian) in English, and in the primary language in the home if other than English, or other means of communication where appropriate.

IN SCHOOL SUSPENSION

In-school suspension is defined as the removal of a student from regular classroom activities, but not the school premises, for not more than ten (10) consecutive school days, or no more than ten (10) school days cumulatively for multiple infractions over the course of the school year. An in school suspension may be used as an alternative to short-term suspension.

A principal may impose an in-school suspension as defined above according to the following procedures:

The principal shall inform the student of the disciplinary offense charged and the basis for the charge, and provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident. If the principal determines that the student committed the disciplinary offense, the principal shall inform the student of the length of the student’s in-school suspension, which shall not exceed ten (10) days, cumulatively or consecutively, in a school year. On the same day as the in-school suspension decision, the principal shall make reasonable efforts to notify the parent orally of the disciplinary offense, the reasons for concluding that the student committed the infraction, and the length of the in-school suspension. The principal shall also invite the parent to a meeting to discuss the student’s academic performance and behavior, strategies for student engagement, and possible responses to the behavior. Such a meeting shall be scheduled on the day of the suspension if possible, and if not, as soon thereafter as possible. If the principal is unable to reach the parent after making and documenting at least two (2) attempts to do so, such attempts shall constitute reasonable efforts for purposes of orally informing the parent/guardian of the in-school suspension.

The principal shall send written notice to the student and parent/guardian about the in-school suspension, including the reason and the length of the in-school suspension, and inviting the parent to a meeting with the principal for the purpose set forth above, if such meeting has not already occurred. The principal shall deliver such notice on the day of the suspension by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or by other method of delivery agreed to by the principal and the parent/guardian.

SHORT-TERM SUSPENSIONS: HEARING AND PRINCIPAL DETERMINATION

A short-term suspension is the removal of the student from the school premises and regular classroom activities for ten (10) consecutive days or less. Out-of-school short-term suspensions which do not cumulatively over the course of the school year exceed ten (10) days of suspension shall be conducted in accordance with this section.

Principals Hearing

The purpose of the hearing with the principal is to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student has committed the disciplinary offense, the basis for the charge, and any other pertinent information. The student shall have an opportunity to present information, including mitigating facts. A parent/guardian present at the hearing shall have the opportunity to discuss the student’s conduct and offer information, including mitigating circumstances.

Based on the available information, including mitigating circumstances, the principal will make a determination whether the student committed the disciplinary offense, and if so, the consequence. The principal will provide notification in writing of their determination in the form of an update to the student and parent/guardian, and provide reasons for the determination.

If the student is suspended, the principal shall inform the parent/guardian of the type and duration of the suspension, and shall provide an opportunity for the student to make up assignments and other school work as needed to make academic progress during the period of removal.

If the student is in grades pre-k through 3, the principal shall send their determination to the superintendent and explain the reasons prior to imposing an out-of-school suspension, before the short-term suspension takes effect. All written communications regarding the hearing and principal determination shall be either hand delivery or delivered by first-class mail, certified mail, or email to the address provided by the parent/guardian for school communications (or other method agreed to by the principal and parent/guardian) in English, and in the primary language in the home if other than English, or other means of communication where appropriate.

LONG-TERM SUSPENSIONS: HEARING AND PRINCIPAL DETERMINATION

A long-term suspension is the removal of a student from the school premises and regular classroom activities for more than ten (10) consecutive school days, or for more than ten (10) school days cumulatively for multiple disciplinary offenses in any school year. The purpose of the hearing with the principal is to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student has committed the disciplinary offense, the basis for the charge, and any other pertinent information. The student shall have an opportunity to present information, including mitigating facts, that the principal will consider in determining whether alternatives to suspension such as loss of privileges, detention, an apology, a student contract, restitution, and/or probation are appropriate.

 Additionally, the student shall have the following additional rights:

1. In advance of the hearing, the opportunity to review the student’s record and the documents upon which the principal may rely in making a determination to suspend the student or not;
2. the right to be represented by counsel or a lay person of the student’s choice, at the student’s and or parent’s/guardian’s expense;
3. the right to produce witnesses on his or her behalf and to present the student’s explanation of the alleged incident, but the student may not be compelled to do so; and;
4. the right to cross-examine witnesses presented by the school district;
5. the right to request that the hearing be recorded by the principal.  All participants shall be informed that the hearing is being recorded by audio. A copy of the audio recording will be provided to the student or parent/guardian upon request.

Based on the evidence submitted at the hearing the principal shall make a determination as to whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to suspension (the use of evidence-based strategies and programs, such as mediation, conflict resolution, restorative justice, and positive interventions and supports) what remedy or consequence will be imposed. If the principal decides to impose a long-term suspension, the written determination shall:

1. Identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing;
2. Set out key facts and conclusions reached by the principal;
3. Identify the length and effective date of the suspension, as well as a date of return to School;
4. Include notice of the student’s opportunity to receive a specific list of education services to make academic progress during removal, and the contact information of a school member who can provide more detailed information.
5. Inform the student of the right to appeal the principal’s decision to the superintendent or their designee (only if a long-term suspension has been imposed) within five (5) calendar days, which may be extended by parent/guardian request in writing an additional seven (7) calendar days.

The long-term suspension will remain in effect unless and until the superintendent decides to reverse the principal’s determination on appeal. If the student is in grades pre-k through grade 3, the principal shall send their determination to the superintendent and explain the reasons prior to imposing an out-of-school suspension, whether short-term or long-term, before the suspension takes effect.

All written communications regarding the hearing and principal determination shall be either hand delivery or delivered by first-class mail, certified mail, or email to the provided by the parent/guardian for school communications (or other method agreed to by the principal and parent/guardian) in English, and in the primary language in the home if other than English, or by other means of communication where appropriate.

Appeal of Long-Term Suspension

A student who is placed on a long-term suspension shall have the right to appeal the principal’s decision to the superintendent if properly and timely filed. A good faith effort shall be made to include the parent/guardian at the hearing. The appeal shall be held within three (3) school days of the appeal, unless the student or parent/guardian requests an extension of up to seven (7) additional calendar days, which the superintendent shall grant. The student and parent/guardian shall have the same rights afforded at the long-term suspension principal hearing. Within five (5) calendar days of the hearing the superintendent shall issue their written decision which meets the criteria required of the principal’s determination. If the superintendent determines the student committed the disciplinary offense, the superintendent may impose the same or a lesser consequence than that of the principal. The superintendent’s decision shall be final.

Emergency Removal

A student may be temporarily removed prior to notice and hearing when a student is charged with a disciplinary offense and the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school and, in the principal’s judgment, there is no alternative available to alleviate the danger or disruption. The temporary removal shall not exceed two (2) school days, following the day of the emergency removal. During the emergency removal the principal shall make immediate and reasonable efforts to orally notify the student and student’s parent/guardian of the emergency removal and the reason for the emergency removal. The principal may not remove a student from school on an emergency basis for a disciplinary offense until adequate provisions have been made for the student's safety and transportation. The principal shall also provide the due process requirements of written notice for suspensions and provide for a hearing which meets the due process requirements of a long-term suspension within the two (2) school day time period, unless an extension of time for the hearing is otherwise agreed to by the principal, student, and parent/guardian.

A decision shall be rendered orally on the same day as the hearing, and in writing no later than the following school day. The decision shall meet all of the due process requirements of a principal’s determination in a long-term suspension.

Suspension or Expulsion for Disciplinary Offenses under MGL Ch. 71, Sections 37H & 37H1/2

The due process notification and hearing requirements in the preceding sections do not apply to the following disciplinary offenses:

Possession of a dangerous weapon, Possession of a controlled substance, or Assault of staff, MGL Ch. 71, Section 37H

A student may be subject to expulsion if found in possession of a dangerous weapon, possession of a controlled substance, or the student assaults a member of educational staff, and the principal determines the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.

The principal shall notify the student and parent(s)/guardian(s) in writing of the opportunity for a hearing, and the right to have representation at the hearing, along with the opportunity to present evidence and witnesses.  After said hearing, a principal may, in their discretion, decide to levy a suspension rather than expulsion.

A student expelled for such an infraction shall have the right to appeal the decision to the superintendent.  The expelled student shall have ten (10) days from the date of the expulsion in which to notify the superintendent of their appeal. The student has the right to counsel at the hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student was guilty of the alleged offense.

Felony complaint or issuance of felony delinquency complaint, MGL Ch. 71, Section 37H ½

Upon the issuance of a criminal complaint charging a student with a felony, or the issuance of a felony delinquency complaint against a student, the principal may suspend a student for a period of time determined appropriate by the principal if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The principal shall notify the student in writing of the charges, the reasons for the suspension, and the right to appeal. The principal will also provide the student and parent(s)/guardian(s) the process for appealing the suspension to the superintendent. The request for appeal must be made in writing within five (5) calendar days. The hearing shall be held within three (3) days of the request. The suspension shall remain in effect prior to any appeal hearing before the superintendent.

At the hearing, the student shall have the right to present oral and written testimony, and the right to counsel. The superintendent has the authority to overturn or alter the decision of the principal. The superintendent shall render a decision on the appeal within five (5) calendar days of the hearing.

Felony conviction or adjudication/admission in court of guilt for a felony or felony

Guilt or Delinquency, MGL Ch. 71, Section 37 H ½

The principal may expel a student convicted of a felony, or has an adjudication or admission of guilt regarding a felony, if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.

The student shall receive written notification of the charges and reasons for the proposed expulsion. The student shall also receive written notification of his right to appeal the decision to the superintendent, as well as the appeal process. The expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall notify the superintendent in writing of their request for an appeal of the decision no later than five (5) calendar days following the date of the expulsion. The superintendent hearing shall be held with the student and parent(s)/guardian(s) within three (3) calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony, and shall have the right to counsel. The superintendent has the authority to overturn or alter the decision of the principal. The superintendent shall render a decision on the appeal within five (5) calendar days of the hearing.

Any student expelled from school for such an offense shall be afforded an opportunity to receive educational services and make academic progress.