Morse Pond School

Pursuant to Chapter 222 of the Acts of 2012 (An Act Relative to Student Access to Educational Services and Exclusion from School), the Commonwealth of Massachusetts enacted student discipline laws and regulations, effective July 1, 2014, for the purposes of (1) limiting the use of long-term suspension as a consequence for student misconduct and offenses subject to M.G.L. c. 71, § 37H¾ , as set forth in 603 CMR 53.01(3)(a), until other consequences have been considered and tried as appropriate, (2) promoting engagement of a student’s parents/guardians in a discussion with respect to the student’s misconduct, and options for responding to same, (3) assuring that every student who is expelled or suspended, regardless of the reason, has the opportunity to receive education services so as to make academic progress during the period of suspension or expulsion, and (4) keeping schools safe and supportive for all students while ensuring fair and effective disciplinary practices.

M.G.L. c. 71, § 37H¾ was further amended by Section 29 of Chapter 177 of the Acts of 2022 (An Act Addressing Barriers to Care for Mental Health), effective November 8, 2022.  In accordance with this amendment, before suspending a student for disciplinary offenses covered  by § 37H¾, schools are first required to try alternative remedies including, but not limited to, mediation, conflict resolution, restorative justice, and collaborative problem solving, in an effort to resolve the matter unless it has been documented by the school that alternative remedies (a) would be unsuitable or counterproductive, and/or (b) are not an option because the student’s continued presence in school would pose a specific concern about the infliction of serious bodily injury or other serious harm upon another person while in school.   In every case of student misconduct for which suspension may be imposed under M.G.L. c. 71, § 37H¾ , a Principal will discuss with the student and their parents/guardians whether suspension and/or alternative remedies would be appropriate, and shall consider ways to re-engage the student in learning.  Note that alternative remedies prior to suspension are not required for (a) emergency removals of students from school pursuant to M.G.L. c. 71, § 37H¾ and 603 CMR 53.07, (b) suspensions or expulsions imposed pursuant to M.G.L. c. 71, § 37H (dangerous weapons, controlled substances, assaults on staff members), and (c) suspensions or expulsions imposed pursuant to M.G.L. c. 71, § 37H ½ (felonies).

Accordingly, the Falmouth Public School District will abide by the following laws, regulations, procedures, and guidelines with respect to student discipline, and incorporates by reference this Appendix C as part of the accompanying Student Handbook:

Definitions:

“Disciplinary offenses” encompassed by M.G.L. c. 71, §§ 37H and 37H½ means one or more of the following alleged or determined disciplinary infractions:

a. possession of a dangerous weapon;

b. possession of a controlled substance;

c. assault on a member of the educational staff; and/or

d. a felony charge or felony delinquency complaint or conviction, or adjudication or admission of guilt with respect to such felony, if a principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school, as provided in M.G.L. c. 71, §§ 37H and 37H½

“Disciplinary offenses” encompassed by M.G.L. c. 71, § 37H¾ means any alleged or determined disciplinary infraction by a student other than those encompassed by M.G.L. c. 71, §§ 37H and 37H ½ as set forth above. A disciplinary offense, as so defined, is subject to the provisions of M.G.L. c. 71, § 37H¾ and the regulations set forth in 603 CMR 53.01 through 53.14.

“Expulsion” means the removal of a student from the school premises, regular classroom activities, and school activities for more than 90 school days, indefinitely, or permanently, as permitted under M.G.L. c. 71, §§ 37H and 37H½ for:

a. possession of a dangerous weapon; 

b. possession of a controlled substance;

c. assault on a member of the educational staff; and/or

d. a felony charge or felony delinquency complaint or conviction, or adjudication or admission of guilt with respect to such felony, if a principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school, as provided in M.G.L. c. 71, §§ 37H and 37H½.

“In-school suspension” means removal of a student from regular classroom activities, but not from the school premises, for no more than 10 consecutive school days, or no more than 10 school days cumulatively for multiple infractions during the school year. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days. In-school suspension for 10 days or less, consecutively or cumulatively during a school year, shall not be considered a short-term suspension under 603 CMR 53.00. If a student is placed in in-school suspension for more than 10 days, consecutively or cumulatively during a school year, such suspension shall be deemed a long-term suspension for due process, appeal, and reporting purposes pursuant to 603 CMR 53.00.

“Long-term suspension” means the removal of a student from the school premises and regular classroom activities for more than 10 consecutive school days, or for more than 10 school days cumulatively for multiple disciplinary offenses in any school year. A principal may, in their discretion, allow a student to serve a long-term suspension in school. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days. Except for students who are charged with a disciplinary offense set forth in subsections (a) or (b) of M.G.L. c. 71, §37H, or in M.G.L. c. 71, § 37H½, no student may be placed on long-term suspension for one or more disciplinary offenses for more than 90 school days in a school year beginning with the first day that the student is removed from school. No long-term suspension shall extend beyond the end of the school year in which such suspension is imposed.

“Parent” means a student’s father, mother, or legal guardian, or person or agency legally authorized to act on behalf of the student in place of or in conjunction with the father, mother, or legal guardian. “School-wide education service plan” means the document developed by a principal, in accordance with M.G.L. c. 76, § 21, that includes a list of education services available to students who are expelled or suspended from school for more than 10 consecutive days.

“Short-term suspension” means the removal of a student from the school premises and regular classroom activities for 10 consecutive school days or less. A principal may, in their discretion, allow a student to serve a short-term suspension in school. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days.

“Suspension” means short-term suspension and long-term suspension unless otherwise stated. Suspension and Expulsion Under M.G.L. c. 71, § 37H:

a. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife, or a controlled substance as defined in M.G.L. c. 94C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.

b. Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.

c. Any student who is charged with a violation of either paragraph (a) or (b) above shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal. After said hearing, a principal may, in their discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b) above.

d. Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have 10 days from the date of the expulsion in which to notify the superintendent of their appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.

e. Any school district that suspends or expels a student under this section shall continue to provide education services to the student during the period of suspension or expulsion, under M.G.L. c. 76, § 21. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide education services to the student in an education service plan, under M.G.L. c. 76, § 21.

f. Districts shall report to the Department of Elementary and Secondary Education the specific reasons for all suspensions and expulsions, regardless of duration or type, in a manner and form established by the Commissioner. The Department shall use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis, the Department shall make district level de-identified data and analysis, including the total number of days each student is excluded during the school year, available to the public online in a machine readable format. This report shall include district level data disaggregated by student status and categories established by the Commissioner.

g. Under the regulations promulgated by the Department, for each school that suspends or expels a significant number of students for more than 10 cumulative days in a school year, the Commissioner shall investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or expulsion. The results of the analysis shall be publicly reported at the school district level.

Suspension and Expulsion Under M.G.L. c. 71, § 37H½:

Notwithstanding the provisions of M.G.L c. 71, § 184, and M.G.L c. 76, §§ 16 and 17:

a. Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal may suspend such student for a period of time determined appropriate by said principal if they determine that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of their right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent. The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of their request for an appeal no later than 5 calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student's parent or guardian within 3 calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on their behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within 5 calendar days of the hearing. Such decision shall be the final decision of the school district with regard to the suspension.

b. Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal may expel said student if the principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of their right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent. The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of their request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on their behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within 5 calendar days of the hearing. Such decision shall be the final decision of the school district with regard to the expulsion. Any school that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion, under M.G.L. c. 76, § 21. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide education services to the student under an education service plan, under M.G.L. c. 76, § 21.

Disciplinary Offenses and Education Services Under M.G.L. c. 71, §§ 37H or 37H½:

a. The Falmouth Public School District is required to adopt disciplinary policies and procedures applicable to a student who is accused of a disciplinary offense under M.G.L. c. 71, §§ 37H or 37H½. Such policies and procedures shall be consistent with the applicable statute and provide due process of law.

b. Pursuant to 603 CMR 53.12, the principal may remove a student who has committed a disciplinary offense under M.G.L. c. 71, §§ 37H or 37H½ from school for more than 90 days in a school year.

c. Any student who is removed from school for a disciplinary offense under M.G.L. c. 71, §§ 37H or 37H½ shall have the opportunity to receive education services and make academic progress during the period of removal, as provided in 603 CMR 53.13, and as set forth below herein. 

Suspension and Expulsion of Students Under M.G.L. c. 71, § 37H ¾ (i.e., suspension or expulsion for offenses other than those covered in M.G.L. c. 71, § 37H (a) or (b) (dangerous weapons, controlled substances, and assaults on educational personnel) and M.G.L. c. 71, § 37H½ (felony complaint)):

a. Any principal, headmaster, superintendent or other person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall exercise discretion, consider ways to re-engage the student in the learning process, and avoid using expulsion as a consequence until other remedies and consequences have been employed.

b. For any suspension or expulsion under this section (i.e., § 37H¾), the principal or their designee shall provide to the student and to the parent/guardian of the student, notice of the charges and the reason for the suspension or expulsion in English and in the primary language spoken in the home of the student. The student shall receive the written notification and shall have the opportunity to meet with the principal or a designee to discuss the charges and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The principal or a designee shall ensure that the student’s parent/guardian is included in the meeting, provided that such meeting may take place without the parent/guardian only if the principal or a designee can document reasonable efforts to include the parent/guardian in the meeting.

c. If a decision is made to suspend or expel the student after the meeting, the principal or their designee shall update the notification for the suspension or expulsion to reflect the meeting with the student. If a student has been suspended or expelled for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year, the student and the parent/guardian shall also receive, at the time of the suspension or expulsion decision, written notification of a right to appeal and the process for appealing the suspension or expulsion in English and in the primary language spoken in the home of the student; provided, however, that the suspension or expulsion shall remain in effect prior to any appeal hearing. The principal or their designee shall notify the superintendent in writing, including, but not limited to, by electronic means, of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect. That notification shall describe the student’s alleged misconduct and the reasons for suspending the student out-of-school. For the purposes of this section, the term “out-of-school suspension” shall mean a disciplinary action imposed by school officials to remove a student from participation in school activities for 1 day or more.

d. A student who has been suspended or expelled from school for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year shall have the right to appeal the suspension or expulsion to the superintendent. The student or a parent/guardian shall notify the superintendent in writing of a request for an appeal not later than 5 calendar days following the effective date of the suspension or expulsion; provided, that a student and a parent/guardian may request, and if so requested, shall be granted an extension of up to 7 calendar days. The superintendent or a designee shall hold a hearing with the student and the parent/guardian within 3 school days of the student’s request for an appeal; provided that a student or a parent/guardian may request and, if so requested, shall be granted an extension of up to 7 calendar days; provided further, that the superintendent or a designee may proceed with a hearing without a parent/guardian present if the superintendent or a designee makes a good faith effort to include the parent/guardian. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses and shall have the right to counsel. The superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That decision shall be the final decision of the school district with regard to the suspension or expulsion.

e. For a disciplinary offense committed under this section, no student shall be suspended or expelled from a school or school district for a time period that exceeds 90 school days, beginning the first day the student is removed from an assigned school building.

f. 603 CMR 53.00 (Code of Massachusetts Regulations -- Student Discipline Regulations approved by the Commonwealth of Massachusetts Board of Elementary and Secondary Education on April 29, 2014, effective as of July 1, 2014):

53.01: Authority, Scope, and Purpose: For all public preschool, elementary, and secondary schools and programs in Massachusetts, including charter and virtual schools, 603 CMR 53.03 through 53.11 sets forth:

a. the minimum procedural requirements applicable to the suspension of a student for a disciplinary offense other than: i) possession of a dangerous weapon; ii) possession of a controlled substance; iii) assault on a member of the educational staff; or iv) a felony charge or felony delinquency complaint or conviction, or adjudication or admission of 156 guilt with respect to such felony, if a principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school, as provided in M.G.L. c. 71, §§ 37H or 37H½;

b. the minimum requirements and procedures necessary to ensure that all students who have been suspended, in-school or out-of-school, or expelled, regardless of the type of offense, have an opportunity to make academic progress during their period of suspension, expulsion, or removal from regular classroom activities; and

c. the requirements pertaining to school discipline data reporting and analysis.

53.02: Definitions:

See Definitions section above

53.03: Policies and Procedures:

The Falmouth School Committee shall ensure that policies and procedures are in place for all public preschool, elementary, and secondary schools and programs under its jurisdiction that meet, at a minimum, the requirements of M.G.L. c.71, § 37H¾, M.G.L. c. 76, § 21, and 603 CMR 53.00.

53.04: Investigation of Disciplinary Incidents:

Nothing in these regulations shall prevent a school administrator from conducting an investigation, including student interviews, of a school-related disciplinary incident.

53.05: Alternatives to Suspension Under M.G.L. c. 71, § 37H¾:

In every case of student misconduct for which suspension may be imposed, a principal shall exercise discretion in deciding the consequence for the offense; consider ways to re-engage the student in learning; and avoid using long-term suspension from school as a consequence until alternatives have been tried. Alternatives may include the use of evidence-based strategies and programs such as mediation, conflict resolution, restorative justice, and positive behavioral interventions and supports.

53.06: Notice of Suspension and Hearing Under M.G.L. c. 71, § 37H¾: 

1. Except as provided in 603 CMR 53.07 and 603 CMR 53.10, a principal may not impose a suspension as a consequence for a disciplinary offense without first providing the student and the parent oral and written notice, and providing the student an opportunity for a hearing on the charge and the parent an opportunity to participate in such hearing.

2. The principal shall provide oral and written notice to the student and the parent in English and in the primary language of the home if other than English, or other means of communication where appropriate. The notice shall set forth in plain language:

a. The disciplinary offense;

b. The basis for the charge;

c. The potential consequences, including the potential length of the student's suspension;

d. The opportunity for the student to have a hearing with the principal concerning the proposed suspension, including the opportunity to dispute the charges and to present the student's explanation of the alleged incident, and for the parent to attend the hearing;

e. The date, time, and location of the hearing;

f. The right of the student and the student's parent to interpreter services at the hearing if needed to participate; and

g. If the student may be placed on long-term suspension following the hearing with the principal:

I. the rights set forth in 603 CMR 53.08 (3)(b); and

II. the right to appeal the principal's decision to the superintendent.

3. The principal shall make reasonable efforts to notify the parent/guardian orally of the opportunity to attend the hearing. To conduct a hearing without the parent/guardian present, the principal must be able to document reasonable efforts to include the parent/guardian. The principal is presumed to have made reasonable efforts if the principal has sent written notice and has documented at least two (2) attempts to contact the parent/guardian in the manner specified by the parent/guardian for emergency notification.

4. Written notice to the parent/guardian may be made by hand delivery, first-class mail, certified mail, email to an address provided by the parent/guardian for school communications, or any other method of delivery agreed to by the principal and parent/guardian.

53.07: Emergency Removal Under M.G.L. c. 71, § 37H¾:

1. Nothing in these regulations shall prevent a principal from removing a student from school temporarily when a student is charged with a disciplinary offense and the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the principal's judgment, there is no alternative available to alleviate the danger or disruption. The principal shall immediately notify the superintendent in writing of the removal and the reason for it, and describe the danger presented by the student. The temporary removal shall not exceed two (2) school days following the day of the emergency removal, during which time the principal shall:

a. Make immediate and reasonable efforts to orally notify the student and the student's parent/guardian of the emergency removal, the reason for the need for emergency removal, and the other matters set forth in 603 CMR 53.06(2);

b. Provide written notice to the student and parent/guardian as provided in 603 CMR 53.06(2);

c. Provide the student an opportunity for a hearing with the principal that complies with 603 CMR 53.08(2) or 53.08(3), as applicable, and the parent/guardian an opportunity to attend the hearing, before the expiration of the two (2) school days, unless an extension of time for hearing is otherwise agreed to by the principal, student, and parent/guardian; and

d. Render a decision orally on the same day as the hearing, and in writing no later than the following school day, which meets the requirements of 603 CMR 53.08(2)(c) and 53.08(2)(d) or 603 CMR 53.08(3)(c) and 53.08(3)(d), as applicable.

e. A principal may not remove a student from school on an emergency basis for a disciplinary offense until adequate provisions have been made for the student's safety and transportation.

53.08: Principal's Hearing Under M.G.L. c. 71, § 37H¾:

1. The principal shall determine the extent of the rights to be afforded the student at a disciplinary hearing based on the anticipated consequences for the disciplinary offense. If the consequence may be long-term suspension from school, the principal shall afford the student, at a minimum, all the rights set forth in 603 CMR 53.08(3) in addition to those rights afforded to students who may face a short-term suspension from school.

2. Principal’s Hearing - Short-Term Suspension:

a. The purpose of the hearing with the principal is to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. At a minimum, the principal shall discuss the disciplinary offense, the basis for the charge, and any other pertinent information. The student also shall have an opportunity to present information, including mitigating facts, that the principal should consider in determining whether other remedies and consequences may be appropriate as set forth in 603 CMR 53.05. The principal shall provide the parent/guardian, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the principal should consider in determining consequences for the student.

b. Based on the available information, including mitigating circumstances, the principal shall determine whether the student committed the disciplinary offense, and, if so, what remedy or consequence will be imposed.

c. The principal shall notify the student and parent/guardian of the determination and the reasons for it, and, if the student is suspended, the type and duration of suspension and the opportunity to make up assignments and such other school work as needed to make academic progress during the period of removal, as provided in 603 CMR 53.13(1). The determination shall be in writing and may be in the form of an update to the original written notice.

d. If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, before the short-term suspension takes effect.

3. Principal’s Hearing - Long-Term Suspension:

a. The purpose of the hearing is the same as the purpose of a short-term suspension hearing.

b. At a minimum, in addition to the rights afforded a student in a short-term suspension hearing, the student shall have the following rights:

I. In advance of the hearing, the opportunity to review the student's record and the documents upon which the principal may rely in making a determination to suspend the student or not;

II. The right to be represented by counsel or a lay person of the student's choice, at the student's/parent's/guardian’s expense;

III. The right to produce witnesses on their behalf and to present the student's explanation of the alleged incident, but the student may not be compelled to do so;

IV. The right to cross-examine witnesses presented by the school district; and

V. The right to request that the hearing be recorded by the principal, and to receive a copy of the audio recording upon request. If the student or parent/guardian requests an audio recording, the principal shall inform all participants before the hearing that an audio record will be made and a copy will be provided to the student and parent/guardian upon request.

c. The principal shall provide the parent/guardian, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the principal should consider in determining consequences for the student.

d. Based on the evidence, the principal shall determine whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to suspension as set forth in 603 CMR 53.05, what remedy or consequence will be imposed, in place of or in addition to a long-term suspension. The principal shall send the written determination to the student and parent/guardian by hand-delivery, certified mail, first-class mail, email to an address provided by the parent/guardian for school communications, or any other method of delivery agreed to by the principal and the parent/guardian. If the principal decides to suspend the student, the written determination shall:

I. Identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing;

II. Set out the key facts and conclusions reached by the principal;

III. Identify the length and effective date of the suspension, as well as a date of return to school;

IV. Include notice of the student's opportunity to receive education services to make academic progress during the period of removal from school as provided in 603 CMR 53.13(4)(a); and

V. Inform the student of the right to appeal the principal's decision to the superintendent or designee, but only if the principal has imposed a long-term suspension. Notice of the right of appeal shall be in English and the primary language of the home if other than English, or other means of communication where appropriate, and shall include the following information stated in plain language:

1. the process for appealing the decision, including that the student or parent/guardian must file a written notice of appeal with the superintendent within five (5) calendar days of the effective date of the long-term suspension; provided that within the five (5) calendar days, the student or parent/guardian may request and receive from the superintendent an extension of time for filing the written notice for up to seven (7) additional calendar days; and that

2. the long-term suspension will remain in effect unless and until the superintendent decides to reverse the principal's determination on appeal.

3. If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, whether short-term or long-term, before the suspension takes effect.

53.09: Superintendent's Hearing Under M.G.L. c. 71, § 37H¾:

1. A student who is placed on long-term suspension following a hearing with the principal shall have the right to appeal the principal's decision to the superintendent.

2. The student or parent/guardian shall file a notice of appeal with the superintendent within the time period set forth 603 CMR 53.08 (3) (c) 5.a). If the appeal is not timely filed, the superintendent may deny the appeal, or may allow the appeal in their discretion, for good cause.

3. The superintendent shall hold the hearing within three (3) school days of the student's request, unless the student or parent/guardian requests an extension of up to seven (7) additional calendar days, in which case the superintendent shall grant the extension.

4. The superintendent shall make a good faith effort to include the parent/guardian in the hearing. The superintendent shall be presumed to have made a good faith effort if they have made efforts to find a day and time for the hearing that would allow the parent/guardian and superintendent to participate. The superintendent shall send written notice to the parent/guardian of the date, time, and location of the hearing.

5. The superintendent shall conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence shall be. The superintendent shall arrange for an audio recording of the hearing, a copy of which shall be provided to the student or parent/guardian upon request. The superintendent shall inform all participants before the hearing that an audio record will be made of the hearing and a copy will be provided to the student and parent/guardian upon request.

6. The student shall have all the rights afforded the student at the principal's hearing for long-term suspension under 603 CMR 53.08(3) (b).

7. The superintendent shall issue a written decision within five (5) calendar days of the hearing which meets the requirements of 603 CMR 53.08(3) (c) 1 through 5. If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or a lesser consequence than the principal, but shall not impose a suspension greater than that imposed by the principal's decision.

8. The decision of the superintendent shall be the final decision of the school district, charter school, or virtual school, with regard to the suspension.

53.10: In-School Suspension Under M.G.L. c. 71, § 37H¾:

1. The principal may use in-school suspension as an alternative to short-term suspension for disciplinary offenses.

2. The principal may impose an in-school suspension for a disciplinary offense under this provision, provided that the principal follows the process set forth in 603 CMR 53.10(3) through 603 CMR 53.10(5) and the student has the opportunity to make academic progress as set forth in 603 CMR 53.13(1).

3. The principal shall inform the student of the disciplinary offense charged and the basis for the charge, and provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident. If the principal determines that the student committed the disciplinary offense, the principal shall inform the student of the length of the student's in-school suspension, which shall not exceed 10 days, cumulatively or consecutively, in a school year.

4. On the same day as the in-school suspension decision, the principal shall make reasonable efforts to notify the parent/guardian orally of the disciplinary offense, the reasons for concluding that the student committed the infraction, and the length of the inschool suspension. The principal shall also invite the parent/guardian to a meeting to discuss the student's academic performance and behavior, strategies for student engagement, and possible responses to the behavior. Such meeting shall be scheduled on the day of the suspension if possible, and if not, as soon thereafter as possible. If the principal is unable to reach the parent/guardian after making and documenting at least (2) attempts to do so, such attempts shall constitute reasonable efforts for purposes of orally informing the parent/guardian of the in-school suspension.

5. The principal shall send written notice to the student and parent/guardian about the inschool suspension, including the reason and the length of the in-school suspension, and inviting the parent/guardian to a meeting with the principal for the purpose set forth in 603 CMR 53.10(4), if such meeting has not already occurred. The principal shall deliver such notice on the day of the suspension by hand-delivery, certified mail, first-class mail, email to an address provided by the parent/guardian for school communications, or by other method of delivery agreed to by the principal and the parent/guardian.

53.11: Emergency Removal Under M.G.L. c. 71, § 37H¾:

The principal may remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on the student's misconduct. Such a removal is not subject to the procedures in M.G.L. c. 71, § 37H¾ or 603 CMR 53.00.

53.12: Disciplinary Offenses Under M.G.L. c. 71, §§ 37H or 37H½:

1. School districts shall adopt disciplinary policies and procedures applicable to a student who is accused of a disciplinary offense under M.G.L. c. 71, §§ 37H or 37H½. Such policies and procedures shall be consistent with the applicable statute and provide due process of law.

2. The principal may remove a student who has committed a disciplinary offense under M.G.L. c. 71, §§ 37H or 37H½ from school for more than ninety (90) days in a school year.

3. Any student who is removed from school for a disciplinary offense under M.G.L. c. 71, § 37H or § 37H½ shall have an opportunity to receive education services and make academic progress during the period of removal, as provided in 603 CMR 53.13.

53.13: Education Services and Academic Progress Under M.G.L. c. 71, §§ 37H, 37H½, and 37H¾:

1. Any student who is serving an in-school suspension, short-term suspension, long-term suspension, or expulsion shall have the opportunity to earn credits, as applicable, make up assignments, tests, papers, and other school work as needed to make academic progress during the period of their removal from the classroom or school. The principal shall inform the student and parent/guardian of this opportunity in writing when such suspension or expulsion is imposed.

2. Any student who is expelled or suspended from school for more than ten (10) consecutive days, whether in school or out of school, shall have an opportunity to receive education services and make academic progress toward meeting state and local requirements, through the school-wide education service plan.

3. The principal shall develop a school-wide education service plan describing the education services that the school district will make available to students who are expelled or suspended from school for more than ten (10) consecutive days. The plan shall include the process for notifying such students and their parents/guardians of the services and arranging such services. Education services shall be based on, and be provided in a manner consistent with, the academic standards and curriculum frameworks established for all students under M.G.L. c 69, §§ 1D and 1F.

4. Notice of Education Services for Students in Long-Term Suspension and Expulsion; Enrollment Reporting. a. The principal shall notify the parent/guardian and student of the opportunity to receive education services at the time the student is expelled or placed on long-term suspension. Notice shall be provided in English and in the primary language spoken in the student's home if other than English, or other means of communication where appropriate. The notice shall include a list of the specific education services that are available to the student and contact information for a school district staff member who can provide more detailed information.

5. For each student expelled or suspended from school for more than ten (10) consecutive days, whether in-school or out-of-school, the school district shall document the student's enrollment in education services. For data reporting purposes, the school shall track and report attendance, academic progress, and such other data as directed by the Department.