Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H541 Compare Versions

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22 HOUSE DOCKET, NO. 1267 FILED ON: 1/14/2025
33 HOUSE . . . . . . . . . . . . . . . No. 541
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Marjorie C. Decker
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act enhancing learning in the early school years through a ban on school exclusion in public
1313 prekindergarten through 3rd grade.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/14/2025 1 of 3
1717 HOUSE DOCKET, NO. 1267 FILED ON: 1/14/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 541
1919 By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 541) of
2020 Marjorie C. Decker for legislation to ban school exclusion from prekindergarten through 3rd
2121 grade in public schools. Education.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act enhancing learning in the early school years through a ban on school exclusion in public
2828 prekindergarten through 3rd grade.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. The General Court hereby finds and declares that:
3232 2 (1) to give students, especially the most vulnerable, the ability to be prepared for post
3333 3third grade—an important educational milestone—students must be in school to learn during the
3434 4prekindergarten to third grade years;
3535 5 (2) the department of elementary and secondary education must give enhanced attention,
3636 6tools and resources to create effective responses to the disciplinary challenges that educators face
3737 7in teaching students in prekindergarten to third grade;
3838 8 (3) fourth and fifth grade students require sufficient time in school, as their final years in
3939 9elementary school similarly represent an important educational milestone; and
4040 10 (4) these steps will enhance equal educational opportunity because disparities in school
4141 11discipline lead to disparate educational outcomes for students. 2 of 3
4242 12 (5) these steps are especially important as young students continue to struggle after
4343 13experiencing learning loss and traumatic experiences due to the COVID-19 pandemic.
4444 14 SECTION 2. Section 37H¾ of chapter 71 of the General Laws, as appearing in the 2020
4545 15Official Edition, is hereby amended by inserting before paragraph (a) the following paragraph:
4646 16 This section shall govern the suspension and expulsion of students enrolled in a public
4747 17school in the commonwealth who are not charged with a violation of subsections (a) and (b) of
4848 18section 37H or with a felony under section 37H½.
4949 19 SECTION 3. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
5050 20amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-
5151 21 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade,
5252 22second grade or third grade may not be suspended or expelled from school in response to
5353 23discipline infractions.
5454 24 SECTION 4. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
5555 25amended by striking out paragraph (a) and inserting in place thereof the following paragraph:
5656 26 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade,
5757 27second grade, third grade or fourth grade may not be suspended or expelled from school in
5858 28response to discipline infractions.
5959 29 SECTION 5. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
6060 30amended by striking out paragraph (a) and inserting in place thereof the following paragraph: 3 of 3
6161 31 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade,
6262 32second grade, third grade, fourth grade or fifth grade may not be suspended or expelled from
6363 33school in response to discipline infractions.
6464 34 SECTION 6. Said section 37H¾ of said chapter 71, as so appearing, is hereby further
6565 35amended by adding the following subsection:
6666 36 (g) The department shall provide guidance and support to school districts to provide
6767 37school staff with best practices to respond to concerns related to student behavior including, but
6868 38not limited to, alternatives to suspension and expulsion such as (i) mediation; (ii) conflict
6969 39resolution; (iii) restorative justice; and (iv) collaborative problem solving.
7070 40 SECTION 7. Section 4 shall take effect 1 year after passage of this act.
7171 41 SECTION 8. Section 5 shall take effect 2 years after passage of this act.