Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2663 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2663
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, March 21, 2024.
8	8	The committee on Education, to whom was referred the petitions (accompanied by bill,
9	9	Senate, No. 266) of Sal N. DiDomenico for legislation to enhance the educational outcomes of
10	10	expectant and parenting students; (accompanied by bill, Senate, No. 282) of Anne M. Gobi and
11	11	Steven S. Howitt for legislation to promote a healthy culture and climate within schools;
12	12	(accompanied by bill, Senate, No. 285) of Adam Gomez and Michael J. Barrett for legislation
13	13	relative to dropout prevention and recovery; (accompanied by bill, Senate, No. 290) of Adam
14	14	Gomez, Lydia Edwards, James B. Eldridge and Patricia D. Jehlen for legislation to
15	15	reduce exclusionary discipline for grooming and dress code violations; (accompanied by bill,
16	16	Senate, No. 294) of Patricia D. Jehlen, Sal N. DiDomenico, James B. Eldridge and Rebecca L.
17	17	Rausch for legislation to promote the education success of court involved children;
18	18	(accompanied by bill, Senate, No. 300) of Robyn K. Kennedy for legislation relative to safer
19	19	schools; (accompanied by bill, Senate, No. 305) of Jason M. Lewis for legislation to promote
20	20	safe firearm storage education and increase the well-being of students; (accompanied by bill,
21	21	Senate, No. 341) of Pavel M. Payano for legislation relative to dropout prevention and student
22	22	recovery; and (accompanied by bill, Senate, No. 348) of Michael F. Rush and Paul McMurtry for
23	23	legislation relative to parental notification in public schools, report the accompanying bill
24	24	(Senate, No. 2663).
25	25	For the committee,
26	26	Jason M. Lewis 1 of 2
27	27	FILED ON: 2/7/2024
28	28	SENATE . . . . . . . . . . . . . . No. 2663
29	29	The Commonwealth of Massachusetts
30	30	_______________
31	31	In the One Hundred and Ninety-Third General Court
32	32	(2023-2024)
33	33	_______________
34	34	An Act to reduce exclusionary discipline for violations of rules related to student grooming and
35	35	dress.
36	36	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
37	37	of the same, as follows:
38	38	1 SECTION 1. Section 37H of Chapter 71 as appearing in the 2020 Official Edition is
39	39	2hereby amended by inserting after subsection (g) the following:-
40	40	3 (h) Any rules related to student dress or grooming included in a school district or charter
41	41	4school’s code of student conduct or otherwise adopted by the school district or charter school
42	42	5shall (1) make no distinction, discrimination, or restriction on account of sex or gender identity
43	43	6(2) not treat students differently or have a disparate impact on any student based on that student’s
44	44	7race, national origin, religion, disability, age, sexual orientation, or gender identity (3) be clear,
45	45	8specific, and objective in defining terms, if used; (4) prohibit any school district or charter
46	46	9school employee from enforcing any rules related to student grooming and dress by direct
47	47	10physical contact with a student or a student's attire; and (5) prohibit any school district or charter
48	48	11school employee from requiring a student to undress in front of any other individual, including
49	49	12the enforcing school district or charter school employee, to comply with the rules related to dress
50	50	13or grooming. Nothing in this section shall limit the rights students are already permitted under 2 of 2
51	51	14Chapter 71, Section 82 of 21 Massachusetts General Laws or any other state or federal laws
52	52	15relating to a student’s right to freedom of expression.
53	53	16 SECTION 2. Section 37H ¾ of Chapter 71 as appearing in the 2020 Official Edition is
54	54	17hereby amended by inserting as the last sentence of subsection (a) the following -: In addition to
55	55	18any rights students may have, in no cases may a school district or charter school suspend or expel
56	56	19a student solely on the basis of an alleged violation of rules related to student dress and
57	57	20grooming, provided however that a school district or charter school may require students to wear
58	58	21clothing of a specific color, and provided further that nothing herein shall limit school districts
59	59	22or charter school from taking action to prevent bullying of any student as defined in M.G.L
60	60	23Chapter 70, section 370 or harassment of any student on account of race, color, sex, gender
61	61	24identity, religion, national origin, or sexual orientation.
62	62	25 SECTION 3. The changes detailed in Sections 1 and 2 shall take effect 60 days after
63	63	26passage of this act.
64	64	27 SECTION 4. The Department of Elementary and Secondary Education shall adopt,
65	65	28promulgate, amend and rescind rules and regulations or formulate policies and recommendations
66	66	29as necessary, including training, to effectuate the purpose of Sections 1 and 2