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Lexington Public Schools Policy on Student Conduct and Discipline

VOTED on July 25, 1994

The Lexington Public Schools strive to provide all students with a quality education in a safe school environment. Students are expected to conduct themselves in a manner which promotes a safe, orderly learning environment within the schools and may be subject to disciplinary action up to and including the possibility of expulsion for serious offenses if they fail to do so. In imposing disciplinary action, school staff should consider the need to maintain or restore an orderly learning environment, the overall disciplinary record of the individual student, and the need to improve the student’s behavior where appropriate. Because effective discipline involves the participation of staff, parents or guardians, and students, school officials are required to contact parents or guardians of students under age 18 for offenses of this discipline policy which may result in students ’ suspension or expulsion.

A student whose safety or learning at school is jeopardized by other students is expected to report the matter to a professional staff member. Retaliation in any form against a person who makes a complaint is forbidden. Staff members who are aware of disruptive students should take appropriate action, including immediately reporting matters which cannot be appropriately handled in the classroom to the school administration.

I. School Rules

Each school principal, in conjunction with the school council, will prepare a student handbook setting forth the school rules and possible consequences of violation of such rules. In addition to addressing matters specific to the individual school, such rules should address students' possession of controlled substances ( including drugs and alcohol) or dangerous weapons, use of force, theft, vandalism, knowingly making a false accusation, and violation of other students' civil rights. The school council shall review the student handbook each spring to consider changes to take effect the following September, but may also consider changes at other times.

II. Procedural Due Process

No student shall be disciplined without being afforded appropriate due process. Prior to discipline which does not involve exclusion from school or school-related activities, the student should be informed of the charges against him or her and given an opportunity to present his or her side of the story. For discipline involving exclusion, the following procedures will be followed.

A. Short Term Suspension and Exclusion from School- Related Activities

Unless a student presents a danger or substantial disruption to the educational process, the student shall receive the following prior to a suspension of one to ten days or exclusion from school- related activities: (1) oral or written notice of the charges against the student; (2) an oral or written explanation of the facts which form the basis for the accusation; and (3) an opportunity to present the student's side of the story. In the case of danger or a substantial disruption, this process will occur immediately after rather than before suspension.

B. Expulsion or Long Term Suspension

Prior to expulsion or suspension longer than ten days, the student shall receive (1) written notice of the charges against him or her; (2) written notice of the underlying facts which form the basis for the charges; (3) an opportunity for a hearing, including an opportunity to hear the evidence against him or her, to present witnesses and other evidence on his/ her own behalf, and representation by a parent, attorney, and other adult.

In the case of a student who is charged with possessing a dangerous weapon or controlled substance at school or school-related events, assaulting educational staff, or who is lawfully charged with or convicted of a felony, the hearing shall be held before the principal, with appeal to the superintendent. The principal who serves as hearing officer may not conduct the investigation of student wrongdoing.

Except as specified in the paragraph above, hearings from long term suspension or expulsion will be held before the School Committee.

III. Special Education Laws

The discipline of a student who has been identified as having special needs pursuant to Chapter 766 or the Individuals with Disabilities Education Act (IDEA) is subject to the requirements of the student' s Individualized Education Plan. If it becomes apparent that a student identified as having special needs or referred for a special education evaluation may be excluded from school for a total of ten days in any school year (including both in-school and out-of-school suspensions) , the student’s special education TEAM must be convened prior to expulsion beyond the ten days and the requirements of Chapter 766 followed. (See Policy on Discipline of Students with Special Needs.)

The school principal shall comply with the requirements of Chapter 766 regulations in the case of regular education students. (Such Chapter 766 regulation currently states that the principal must consider referring for evaluation any regular education student who is suspended for more than five days during a school quarter and must inform the parent whether a referral is being made and of the parent' s right to make such a referral.)

IV. Prohibition of the Use of Tobacco Products

The use of any tobacco product is prohibited within school buildings or school facilities, on school grounds, or on school buses by any individual. A student who violates this provision may be suspended.  

V. Reporting Possible Crime to Police

When school staff have a reasonable basis for believing that a crime has been or is being committed by a student on school property or at school related events, such matters shall be report- ed to the police. Reportable crimes include, but are not limited to, possession of a controlled substance or dangerous weapon, assault, vandalism, stalking, and hazing.

MASSACHUSETTS GENERAL LAWS CHAPTER 71, SECTION 37H

Suspension and Expulsion by School Principals

Notwithstanding any general or special law to the contrary, all student handbooks shall contain the following provisions:

  1. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.
  2. Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.
  3. Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal.

    After said hearing, a principal may, in his/her discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b).
  4. Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of his/ her appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.
  5. When a student is expelled under the provisions of this section, no school district within the commonwealth shall be required to admit such student or to provide educational services to said student. If said student does apply for admission to another school or school district, the superintendent of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written statement of the reasons for said expulsion.

MASSACHUSETTS GENERAL LAWS CHAPTER 71, SECTION 37 H1/2

Suspension and Expulsions by School Principals when Students Are Charged with a Felony

Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter seventy-six:

  1. Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster 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 the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.

    The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.
  2. Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster 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 such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent. The student shall have the right to appeal the expulsion to the superintendent.

    The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student' s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.

    Upon expulsion of such student, no school or school district shall be required to provide educational services to such student.

    The department of education and the department of youth services shall, pursuant to a study and recommendations conducted by the MassJobs Council, assure that an educational opportunity is provided for a student whose admission to a school or right to educational services is regulated by the provisions of this act.

    Said study shall contain a statistical analysis of the number of students who have been expelled and the services that are now provided, and recommendations for the provision of education to expelled students in the future. Said study shall be completed within five months and shall be submitted to the house and senate clerk and the house and senate chairmen of the joint committee on education, arts and humanities.