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2 | 2 | | HOUSE DOCKET, NO. 1267 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 541 |
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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 | | Marjorie C. Decker |
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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 enhancing learning in the early school years through a ban on school exclusion in public |
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13 | 13 | | prekindergarten through 3rd grade. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/14/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 1267 FILED ON: 1/14/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 541 |
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19 | 19 | | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 541) of |
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20 | 20 | | Marjorie C. Decker for legislation to ban school exclusion from prekindergarten through 3rd |
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21 | 21 | | grade in public schools. Education. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act enhancing learning in the early school years through a ban on school exclusion in public |
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28 | 28 | | prekindergarten through 3rd grade. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. The General Court hereby finds and declares that: |
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32 | 32 | | 2 (1) to give students, especially the most vulnerable, the ability to be prepared for post |
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33 | 33 | | 3third grade—an important educational milestone—students must be in school to learn during the |
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34 | 34 | | 4prekindergarten to third grade years; |
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35 | 35 | | 5 (2) the department of elementary and secondary education must give enhanced attention, |
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36 | 36 | | 6tools and resources to create effective responses to the disciplinary challenges that educators face |
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37 | 37 | | 7in teaching students in prekindergarten to third grade; |
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38 | 38 | | 8 (3) fourth and fifth grade students require sufficient time in school, as their final years in |
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39 | 39 | | 9elementary school similarly represent an important educational milestone; and |
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40 | 40 | | 10 (4) these steps will enhance equal educational opportunity because disparities in school |
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41 | 41 | | 11discipline lead to disparate educational outcomes for students. 2 of 3 |
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42 | 42 | | 12 (5) these steps are especially important as young students continue to struggle after |
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43 | 43 | | 13experiencing learning loss and traumatic experiences due to the COVID-19 pandemic. |
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44 | 44 | | 14 SECTION 2. Section 37H¾ of chapter 71 of the General Laws, as appearing in the 2020 |
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45 | 45 | | 15Official Edition, is hereby amended by inserting before paragraph (a) the following paragraph: |
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46 | 46 | | 16 This section shall govern the suspension and expulsion of students enrolled in a public |
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47 | 47 | | 17school in the commonwealth who are not charged with a violation of subsections (a) and (b) of |
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48 | 48 | | 18section 37H or with a felony under section 37H½. |
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49 | 49 | | 19 SECTION 3. Said section 37H¾ of said chapter 71, as so appearing, is hereby further |
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50 | 50 | | 20amended by striking out paragraph (a) and inserting in place thereof the following paragraph:- |
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51 | 51 | | 21 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade, |
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52 | 52 | | 22second grade or third grade may not be suspended or expelled from school in response to |
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53 | 53 | | 23discipline infractions. |
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54 | 54 | | 24 SECTION 4. Said section 37H¾ of said chapter 71, as so appearing, is hereby further |
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55 | 55 | | 25amended by striking out paragraph (a) and inserting in place thereof the following paragraph: |
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56 | 56 | | 26 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade, |
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57 | 57 | | 27second grade, third grade or fourth grade may not be suspended or expelled from school in |
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58 | 58 | | 28response to discipline infractions. |
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59 | 59 | | 29 SECTION 5. Said section 37H¾ of said chapter 71, as so appearing, is hereby further |
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60 | 60 | | 30amended by striking out paragraph (a) and inserting in place thereof the following paragraph: 3 of 3 |
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61 | 61 | | 31 (a) A student enrolled in a public prekindergarten program, kindergarten, first grade, |
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62 | 62 | | 32second grade, third grade, fourth grade or fifth grade may not be suspended or expelled from |
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63 | 63 | | 33school in response to discipline infractions. |
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64 | 64 | | 34 SECTION 6. Said section 37H¾ of said chapter 71, as so appearing, is hereby further |
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65 | 65 | | 35amended by adding the following subsection: |
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66 | 66 | | 36 (g) The department shall provide guidance and support to school districts to provide |
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67 | 67 | | 37school staff with best practices to respond to concerns related to student behavior including, but |
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68 | 68 | | 38not limited to, alternatives to suspension and expulsion such as (i) mediation; (ii) conflict |
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69 | 69 | | 39resolution; (iii) restorative justice; and (iv) collaborative problem solving. |
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70 | 70 | | 40 SECTION 7. Section 4 shall take effect 1 year after passage of this act. |
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71 | 71 | | 41 SECTION 8. Section 5 shall take effect 2 years after passage of this act. |
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