Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.02 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
means the commissioner of
				the Department of Elementary and Secondary Education appointed in accordance
				with M.G.L. c. 15, § 1F, or his or her designee.
Department
means the Department of
				Elementary and Secondary Education.
Disciplinary Offense
means any alleged
				or determined disciplinary infraction by a student, except for:
(a) possession of a dangerous
			 weapon;
(b) possession of a
			 controlled substance;
(c) assault on
			 a member of the educational staff; 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 or 37H½. A
			 disciplinary offense, as defined, is subject to the provisions of M.G.L. c. 71,
			 § 37H¾ and
			 603 CMR
			 53.00.
Disciplinary Offense under M.G.L. c. 71, § 37
				H or 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; 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 or 37H½.
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 or 37H½ for:
(a) possession of a dangerous
			 weapon;
(b) possession of a
			 controlled substance;
(c) assault on
			 a member of the educational staff; 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 or 37H½.
In-school Suspension
means removal of
				a student from regular classroom activities, but not from the school premises,
				for no more than ten consecutive school days, or no more than ten 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 ten days or less, consecutively or cumulatively during a school
				year, shall not be considered a short-term suspension under these regulations.
				If a student is placed in in-school suspension for more than ten days,
				consecutively or cumulatively during a school year, such suspension shall be
				deemed a long-term suspension for due process, appeal, and reporting
				purposes.
Long-term Suspension
means the removal
				of a student from the school premises and regular classroom activities for more
				than ten consecutive school days, or for more than ten school days cumulatively
				for multiple disciplinary offenses in any school year. A principal may, in his
				or her 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 M.G.L. c. 71, § 37H(a) or (b), or 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.
Principal
means the instructional
				administrative leader or headmaster of a public school or his or her designee
				for purposes of school disciplinary matters. The board of trustees of a charter
				school or virtual school shall designate in the school discipline code who will
				serve as the principal for purposes of
				603 CMR
				53.00.
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 ten consecutive
				days.
Short-term Suspension
means the
				removal of a student from the school premises and regular classroom activities
				for ten consecutive school days or less. A principal may, in his or her
				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.
Superintendent
means the chief
				executive officer employed by a school committee or board of trustees to
				administer a school system, charter school, or virtual school pursuant to
				M.G.L. c. 71, §§ 59, 59A, 89, or 94, or his or her designee appointed
				for purposes of conducting a student disciplinary hearing. The board of
				trustees of a charter school or virtual school shall designate in the school's
				discipline code who will serve as the superintendent for the purposes of
				603 CMR
				53.00.
Suspension
means short-term suspension
				and long-term suspension unless otherwise stated.