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| 2 | 2 | | HOUSE DOCKET, NO. 3883 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 478 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Brandy Fluker Oakley |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to reduce disparities created by exclusionary school discipline policies. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker Oakley12th Suffolk1/19/2023Steven Owens29th Middlesex1/31/2023Mindy Domb3rd Hampshire1/31/2023James K. Hawkins2nd Bristol1/31/2023Russell E. Holmes6th Suffolk1/31/2023Orlando Ramos9th Hampden2/13/2023James B. EldridgeMiddlesex and Worcester2/16/2023Joan Meschino3rd Plymouth3/2/2023Lindsay N. Sabadosa1st Hampshire3/4/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3883 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 478 |
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| 18 | 18 | | By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 478) of |
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| 19 | 19 | | Brandy Fluker Oakley and others for legislation to reduce disparities created by exclusionary |
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| 20 | 20 | | school discipline policies. Education. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to reduce disparities created by exclusionary school discipline policies. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Section 37H of Chapter 71 as appearing in the 2020 Official Edition, is |
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| 30 | 30 | | 2hereby amended by inserting after the following subsection (g) -: |
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| 31 | 31 | | 3 (h) Any school board may include in its code of student conduct a dress or grooming |
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| 32 | 32 | | 4code. Any dress or grooming code included in a school board's code of student conduct or |
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| 33 | 33 | | 5otherwise adopted by a school board shall (1) permit any student to wear any religiously and |
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| 34 | 34 | | 6ethnically specific or significant head covering, including hijabs, yarmulkes, scarves, headwraps, |
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| 35 | 35 | | 7and other similar coverings; (2) maintain gender neutrality by subjecting any student to the same |
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| 36 | 36 | | 8set of rules and standards regardless of gender identity; (3) not have a disparate impact on |
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| 37 | 37 | | 9students of a particular race, national origin, religion, disability, age, sexual orientation, or |
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| 38 | 38 | | 10gender identity beyond a 10% discrepancy in violations at each school per year; (4) be clear, |
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| 39 | 39 | | 11specific, and objective in defining terms, if used; (5) prohibit any school board employee from |
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| 40 | 40 | | 12enforcing the dress or grooming code by direct physical contact with a student or a student's 2 of 2 |
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| 41 | 41 | | 13attire; and (6) prohibit any school board employee from requiring a student to undress in front of |
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| 42 | 42 | | 14any other individual, including the enforcing school board employee, to comply with the dress or |
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| 43 | 43 | | 15grooming code. This subsection shall not be interpreted to restrict school officials from |
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| 44 | 44 | | 16prohibiting students from wearing clothing with a hateful or vulgar message. |
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| 45 | 45 | | 17 SECTION 2. Section 37H ¾ of Chapter 71 as appearing in the Official Edition of the |
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| 46 | 46 | | 18General Laws passed through August 10, 2022 is hereby amended by inserting as the last |
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| 47 | 47 | | 19sentence of subsection (a) -: |
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| 48 | 48 | | 20 In no case may a student be suspended or expelled solely on the basis of a violation or |
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| 49 | 49 | | 21violations of dress code standards. |
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| 50 | 50 | | 22 SECTION 3. The changes detailed in Sections 1 and 2 shall take effect 60 days after |
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| 51 | 51 | | 23passage of this act. |
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| 52 | 52 | | 24 SECTION 4. The Department of Elementary and Secondary Education shall adopt, |
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| 53 | 53 | | 25promulgate, amend and rescind rules and regulations or formulate policies and recommendations |
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| 54 | 54 | | 26as necessary, including training, to effectuate the purpose of Sections 1 and 2. |
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