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HOUSE DOCKET, NO. 3883 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 478
The Commonwealth of Massachusetts
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PRESENTED BY:
Brandy Fluker Oakley
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to reduce disparities created by exclusionary school discipline policies.
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PETITION OF:
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
HOUSE DOCKET, NO. 3883 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 478
By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 478) of
Brandy Fluker Oakley and others for legislation to reduce disparities created by exclusionary
school discipline policies. Education.
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 disparities created by exclusionary school discipline policies.
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 the following subsection (g) -:
3 (h) Any school board may include in its code of student conduct a dress or grooming
4code. Any dress or grooming code included in a school board's code of student conduct or
5otherwise adopted by a school board shall (1) permit any student to wear any religiously and
6ethnically specific or significant head covering, including hijabs, yarmulkes, scarves, headwraps,
7and other similar coverings; (2) maintain gender neutrality by subjecting any student to the same
8set of rules and standards regardless of gender identity; (3) not have a disparate impact on
9students of a particular race, national origin, religion, disability, age, sexual orientation, or
10gender identity beyond a 10% discrepancy in violations at each school per year; (4) be clear,
11specific, and objective in defining terms, if used; (5) prohibit any school board employee from
12enforcing the dress or grooming code by direct physical contact with a student or a student's 2 of 2
13attire; and (6) prohibit any school board employee from requiring a student to undress in front of
14any other individual, including the enforcing school board employee, to comply with the dress or
15grooming code. This subsection shall not be interpreted to restrict school officials from
16prohibiting students from wearing clothing with a hateful or vulgar message.
17 SECTION 2. Section 37H ¾ of Chapter 71 as appearing in the Official Edition of the
18General Laws passed through August 10, 2022 is hereby amended by inserting as the last
19sentence of subsection (a) -:
20 In no case may a student be suspended or expelled solely on the basis of a violation or
21violations of dress code standards.
22 SECTION 3. The changes detailed in Sections 1 and 2 shall take effect 60 days after
23passage of this act.
24 SECTION 4. The Department of Elementary and Secondary Education shall adopt,
25promulgate, amend and rescind rules and regulations or formulate policies and recommendations
26as necessary, including training, to effectuate the purpose of Sections 1 and 2.