Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4400 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4400
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 20, 2024.
5	5	The committee on Education, to whom was referred the petition
6	6	(accompanied by bill, House, No. 478) of Brandy Fluker Oakley and
7	7	others for legislation to reduce disparities created by exclusionary school
8	8	discipline policies, the petition (accompanied by bill, House, No. 517) of
9	9	Kay Khan and Samantha Montaño relative to school-based security
10	10	personnel and the promotion of holistic school health and safety practices,
11	11	the petition (accompanied by bill, House, No. 580) of Todd M. Smola,
12	12	Steven S. Howitt and James K. Hawkins that school administrators
13	13	consider alternatives to suspension or expulsion of certain students, the
14	14	petition (accompanied by bill, House, No. 597) of Steven Ultrino, Joan
15	15	Meschino and others relative to educational achievement disparities of
16	16	students, reports recommending that the accompanying bill (House, No.
17	17	4400) ought to pass.
18	18	For the committee,
19	19	DENISE C. GARLICK. 1 of 2
20	20	FILED ON: 2/7/2024
21	21	HOUSE . . . . . . . . . . . . . . . No. 4400
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to reduce exclusionary discipline for violations of rules related to student grooming and
28	28	dress.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 37H of Chapter 71 as appearing in the 2020 Official Edition is
32	32	2hereby amended by inserting after subsection (g) the following:-
33	33	3 (h) Any rules related to student dress or grooming included in a school district or charter
34	34	4school’s code of student conduct or otherwise adopted by the school district or charter school
35	35	5shall (1) make no distinction, discrimination, or restriction on account of sex or gender identity
36	36	6(2) not treat students differently or have a disparate impact on any student based on that student’s
37	37	7race, national origin, religion, disability, age, sexual orientation, or gender identity (3) be clear,
38	38	8specific, and objective in defining terms, if used; (4) prohibit any school district or charter
39	39	9school employee from enforcing any rules related to student grooming and dress by direct
40	40	10physical contact with a student or a student's attire; and (5) prohibit any school district or charter
41	41	11school employee from requiring a student to undress in front of any other individual, including
42	42	12the enforcing school district or charter school employee, to comply with the rules related to dress
43	43	13or grooming. Nothing in this section shall limit the rights students are already permitted under 2 of 2
44	44	14Chapter 71, Section 82 of 21 Massachusetts General Laws or any other state or federal laws
45	45	15relating to a student’s right to freedom of expression.
46	46	16 SECTION 2. Section 37H ¾ of Chapter 71 as appearing in the 2020 Official Edition is
47	47	17hereby amended by inserting as the last sentence of subsection (a) the following -: In addition to
48	48	18any rights students may have, in no cases may a school district or charter school suspend or expel
49	49	19a student solely on the basis of an alleged violation of rules related to student dress and
50	50	20grooming, provided however that a school district or charter school may require students to wear
51	51	21clothing of a specific color, and provided further that nothing herein shall limit school districts
52	52	22or charter school from taking action to prevent bullying of any student as defined in M.G.L
53	53	23Chapter 70, section 370 or harassment of any student on account of race, color, sex, gender
54	54	24identity, religion, national origin, or sexual orientation.
55	55	25 SECTION 3. The changes detailed in Sections 1 and 2 shall take effect 60 days after
56	56	26passage of this act.
57	57	27 SECTION 4. The Department of Elementary and Secondary Education shall adopt,
58	58	28promulgate, amend and rescind rules and regulations or formulate policies and recommendations
59	59	29as necessary, including training, to effectuate the purpose of Sections 1 and 2