The Massachusetts General Court has adopted a new law, effective July 1, 2014, requiring school districts to provide educational services to suspended or expelled students.  The law makes a distinction between students who have been suspended for ten days or less and for students who have been suspended for more than ten days or who have been expelled.  Each district will be required through its Principals to develop a school-wide educational service plan for all students excluded from school for more than ten days.  For students suspended for less than ten days, homework and make-up exams must be provided by the school.  In addition, the new law ends permanent suspensions or exclusions by providing that no student may be suspended or excluded from school for more than 90 school days.

Further, the law establishes a reporting requirement that each school district report to the Department of Elementary and Secondary Education the reasons for all suspensions and expulsions, regardless of duration or type.  The law also calls for the Commissioner of Education to oversee suspensions and expulsions and to investigate any school district that excludes a significant number of students for more than ten cumulative days in a school year.

In addition, the law addresses the issue of school drop-outs, and requires school districts to establish a notification program whereby parents are notified of student absences, of instances where a student is absent without excuse for more than five days in a school year, and of instances where a student has missed two or more classes unexcused during a five-day period.  In the case of a student who has five or more unexcused absences in a school year, the Principal must meet with the parent to develop action steps for student attendance.

If you have any questions concerning this new law relative to student access to educational services and exclusion from school, please contact us.