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HOUSE DOCKET, NO. 1267 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 541
The Commonwealth of Massachusetts
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PRESENTED BY:
Marjorie C. Decker
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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 enhancing learning in the early school years through a ban on school exclusion in public
prekindergarten through 3rd grade.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/14/2025 1 of 3
HOUSE DOCKET, NO. 1267 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 541
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 541) of
Marjorie C. Decker for legislation to ban school exclusion from prekindergarten through 3rd
grade in public schools. Education.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act enhancing learning in the early school years through a ban on school exclusion in public
prekindergarten through 3rd grade.
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. The General Court hereby finds and declares that:
2 (1) to give students, especially the most vulnerable, the ability to be prepared for post
3third grade—an important educational milestone—students must be in school to learn during the
4prekindergarten to third grade years;
5 (2) the department of elementary and secondary education must give enhanced attention,
6tools and resources to create effective responses to the disciplinary challenges that educators face
7in teaching students in prekindergarten to third grade;
8 (3) fourth and fifth grade students require sufficient time in school, as their final years in
9elementary school similarly represent an important educational milestone; and
10 (4) these steps will enhance equal educational opportunity because disparities in school
11discipline lead to disparate educational outcomes for students. 2 of 3
12 (5) these steps are especially important as young students continue to struggle after
13experiencing learning loss and traumatic experiences due to the COVID-19 pandemic.
14 SECTION 2. Section 37H¾ of chapter 71 of the General Laws, as appearing in the 2020
15Official Edition, is hereby amended by inserting before paragraph (a) the following paragraph:
16 This section shall govern the suspension and expulsion of students enrolled in a public
17school in the commonwealth who are not charged with a violation of subsections (a) and (b) of
18section 37H or with a felony under section 37H½.
19 SECTION 3. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
20amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-
21 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade,
22second grade or third grade may not be suspended or expelled from school in response to
23discipline infractions.
24 SECTION 4. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
25amended by striking out paragraph (a) and inserting in place thereof the following paragraph:
26 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade,
27second grade, third grade or fourth grade may not be suspended or expelled from school in
28response to discipline infractions.
29 SECTION 5. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
30amended by striking out paragraph (a) and inserting in place thereof the following paragraph: 3 of 3
31 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade,
32second grade, third grade, fourth grade or fifth grade may not be suspended or expelled from
33school in response to discipline infractions.
34 SECTION 6. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
35amended by adding the following subsection:
36 (g) The department shall provide guidance and support to school districts to provide
37school staff with best practices to respond to concerns related to student behavior including, but
38not limited to, alternatives to suspension and expulsion such as (i) mediation; (ii) conflict
39resolution; (iii) restorative justice; and (iv) collaborative problem solving.
40 SECTION 7. Section 4 shall take effect 1 year after passage of this act.
41 SECTION 8. Section 5 shall take effect 2 years after passage of this act.