INCORPORATING THE NEW STUDENT DISCIPLINE LAW INTO STUDENT HANDBOOKS AND SCHOOL POLICIES
Chapter 177 of Acts of 2022, “An Act Addressing Barriers to Care for Mental Health,” signed into law on August 10, 2022, made significant changes to student discipline law, Massachusetts General Law, Chapter 71, Section 37H3/4.
According to the revised Massachusetts General Law, Chapter 71, Section 37H3/4, school principals or their designee, before issuing any disciplinary consequences under Section 37H3/4, must consider alternative methods to re-engage the student in the learning process and cannot suspend a student until alternative remedies have been employed and the use and results of such remedies have been documented.
Attorney Felicia Vasudevan, a partner at Murphy, Hesse, Toomey & Lehane, LLP, received a favorable decision on behalf of her client, Marshfield Public Schools. The Plaintiff appealed the district court’s judgement that upheld a decision of the Massachusetts Bureau of Special Education Appeals (“BSEA”). However, as the notice was filed more than 30 days after entry, the First Circuit ultimately dismissed the appeal for being untimely. The Plaintiff also appealed the district court’s order, denying her motion to vacate. Read More
Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.