Suspended in Massachusetts: the meeting, the appeal, and the 90-day ceiling

Section 37H3/4 covers suspensions and expulsions (being removed from school for good or for a long time) for most offenses. It does not cover the most serious ones, like weapons, drugs, or assault on staff, or a felony charge. Those follow separate sections, 37H and 37H1/2.

Under 37H3/4, the principal must give the student and a parent written notice of the charges and the reason, in English and in the family's home language. The student gets a chance to meet with the principal and tell their side before the suspension starts. The school must try to include a parent in that meeting. The school also has to try other remedies first, such as mediation or restorative justice, unless it writes down why they would not work.

This follows Goss v. Lopez (1975), where the U.S. Supreme Court held that a student facing suspension must get notice of the charges and a chance to tell their side of the story. Massachusetts builds more on top of that floor.

If a suspension is longer than 10 school days, for one incident or added up over the year, the student can appeal to the superintendent. The family must ask in writing within 5 calendar days. They can ask for up to 7 more days. The superintendent must hold a hearing within 3 school days of the request. At that hearing the student may speak, bring written statements, question witnesses, and have a lawyer. A written decision comes within 5 calendar days. The suspension stays in effect while the appeal is pending.

No suspension or expulsion under this section can last more than 90 school days. For the youngest students, a principal must tell the superintendent in writing before any out-of-school suspension of a child in kindergarten through grade 3 begins.

Section 37O, the state anti-bullying law, covers cyber-bullying and bullying by staff, not only by students. Any staff member who sees or hears of bullying must report it to the principal right away. The principal must then investigate promptly. If bullying happened, the school must notify both families, tell the victim's family what it is doing to stop it, and tell them about the state's problem resolution system. Reports can be anonymous, and retaliation against anyone who reports is banned.

Section 82 protects public high school students' right to express views through speech and symbols, to write and publish, and to gather peacefully, as long as it does not cause disruption or disorder in school.