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