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HOUSE DOCKET, NO. 1270 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 730
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Steven Ultrino and Joan Meschino
_________________
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 addressing school exclusion policies to remedy disparities in educational achievement.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Ultrino33rd Middlesex1/14/2025Joan Meschino3rd Plymouth1/14/2025 1 of 5
HOUSE DOCKET, NO. 1270 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 730
By Representatives Ultrino of Malden and Meschino of Hull, a petition (accompanied by bill,
House, No. 730) of Steven Ultrino and Joan Meschino relative to exclusion policies 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 addressing school exclusion policies to remedy disparities in educational achievement.
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. Subsection (a) of section 37H of chapter 71 of the General Laws, as
2appearing in the 2020 Official Edition, is hereby amended by striking out in lines 43 to 44,
3inclusive, the words, “including, but not limited to, a gun or a knife” and inserting in place
4thereof the following words:-
5 “a device as defined as section 10 of chapter 269 of the General Laws or a controlled
6substance as defined in chapter ninety-four C, including, but not limited to, cocaine, and heroin,
7but not including marijuana, may be subject to exclusion from the school or school district by the
8principal.”
9 SECTION 2. Clause (b) of the fourth paragraph of section 37H of said chapter 71, as so
10appearing, is hereby amended by striking out the word “assaults”, in line 48, and inserting in
11place thereof the following words:- willfully assaults, with intent and means to harm. 2 of 5
12 SECTION 3. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing,
13is hereby further amended by striking out the words “have a substantial detrimental effect on the
14general welfare of the school”, in lines 9 and 10, and inserting in place thereof the following
15words:- pose a specific, documentable concern about the infliction of serious bodily injury upon
16another person while in school.
17 SECTION 4. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing,
18is hereby further amended by striking out, in lines 10 to 12, inclusive, the sentence, “The student
19shall receive written notification of the charges and the reasons for such suspension prior to such
20suspension taking effect” and inserting in place thereof the following two sentences:-
21 The student shall receive written notification of the charges and the right to a hearing
22before the principal. If, after the hearing, the principal chooses to suspend the student, the written
23notice of the suspension shall include the reasons for such suspension, including the basis for the
24principal’s determination of the infliction of serious bodily injury upon another person while in
25school, prior to such suspension taking effect. Further, any student who is placed on diversion
26prior to arraignment is not eligible for suspension under this section.
27 SECTION 5. Paragraph (2) of said section 37H½ of said chapter 71, as so appearing, is
28hereby amended by striking out the first paragraph and inserting in place thereof the following
29three paragraphs:-
30 Upon a student being convicted of a or upon an adjudication or admission in court of
31guilt with respect to such a felony or felony delinquency, the principal of a school in which the
32student is enrolled may expel said student if such principal determines that the student's
33continued presence in school would pose a specific, documentable concern about the infliction of 3 of 5
34serious bodily injury upon another person while in school. The student shall receive written
35notification of the charges and right to a hearing before the principal. If after the hearing, the
36principal chooses to suspend or expel the student, the written notice shall include the reasons for
37such exclusion, including the basis for the principal’s specific, documentable concern about the
38infliction of serious bodily injury upon another person while in school, prior to such expulsion
39taking effect. The student shall also receive written notification of his right to appeal and the
40process for appealing such expulsion; provided, however, that the expulsion shall remain in
41effect prior to any appeal hearing conducted by the superintendent.
42 For any suspension or expulsion under this section, the principal of a school in which the
43student is enrolled shall provide, to the student and to the parent or guardian of the student,
44notice of the charges and the reason for the suspension or expulsion in English and in the
45primary language spoken in the home of the student. The student shall receive the written
46notification and shall have the opportunity to meet for a fair hearing before the principal to
47discuss the charges and reasons for the suspension or expulsion prior to the suspension or
48expulsion taking effect. The notice shall include the right to be represented by a lawyer or
49advocate (at the student's expense); adequate time to prepare for the hearing; access to
50documented evidence prior to the hearing; the right to present witnesses at the hearing and to
51question them and a reasonably prompt written decision including specific grounds for the
52decision.
53 The principal shall ensure that the parent or guardian of the student is included in the fair
54hearing, provided that such hearing may take place without the parent or guardian only if the
55principal, or a designee, can document reasonable efforts to include the parent or guardian in that
56hearing. The department shall promulgate rules and regulations that address a principal's duties 4 of 5
57under this subsection and procedures for including parents in student exclusion meetings,
58hearings or interviews under this subsection.
59 SECTION 6. Subsection (a) of section 37H¾ of said chapter 71, as so appearing, is
60hereby amended by striking out, in lines 1-2, the words “and expulsion”.
61 SECTION 7. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
62hereby amended by striking out, in line 11, the words “or expulsion”.
63 SECTION 8. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
64hereby amended by striking out, in line 15, the words “or expulsion”.
65 SECTION 9. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
66hereby amended by striking out, in line 19, the words “or expulsion”.
67 SECTION 10. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
68hereby amended by striking out, in line 31, the words “or expulsion”.
69 SECTION 11. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
70hereby amended by striking out, in line 36, the words “or expulsion”.
71 SECTION 12 Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
72hereby amended by striking out, in line 38, the words “or expulsion”.
73 SECTION 13. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
74hereby amended by striking out, in line 40, the words “or expulsion”.
75 SECTION 14. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
76hereby amended by striking out, in line 53, the words “or expulsion”. 5 of 5
77 SECTION 15. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
78hereby amended by striking out, in line 57, the words “or expulsion”.
79 SECTION 16. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
80hereby amended by striking out, in lines 72-73, the words “or expulsion”.
81 SECTION 17. Subsection (f) of section 37H¾ of said chapter 71, as so appearing, is
82hereby amended by striking out, in line 74, the words “or expelled”.
83 SECTION 18. Section 37H¾ of said chapter 71, as so appearing, is hereby amended by
84inserting the following sentence at the end of the sixth paragraph:- No long-term suspension shall
85extend beyond the end of the school year in which such suspension is imposed.