reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 51.00 - Criminal History Checks For School Employees › Section 51.05 - Timing of National Criminal History Checks

Current through Register 1525, July 5, 2024
(1) For individuals who began work or service
			 before the 2013-2014 school year:
(a) An
			 employee, subcontractor, laborer, individual who regularly provides school
			 related transportation to children, volunteer or other individual will be
			 considered to have begun work or service for a school employer before the
			 2013-2014 school year if he or she performed work for that school employer
			 prior to July 1, 2013.
(b) Before
			 the start of the 2016-2017 school year and according to a schedule established
			 by the Department, school employers shall obtain and review national criminal
			 history checks, and make required suitability determinations, for all employees
			 who began work before the 2013-2014 school year and for all individuals who
			 regularly provide school related transportation to children and who began work
			 before the 2013-2014 school year.
(c) School employers may obtain and review
			 national criminal history checks, and make suitability determinations for
			 subcontractors, laborers or volunteers who began work or service before the
			 2013-2014 school year according to a schedule established by the
			 Department.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 51.00 - Criminal History Checks For School Employees › Section 51.06 - Employer Documentation of Suitability Determination; Reliance Thereon; Subsequent Checks

Current through Register 1525, July 5, 2024
(1)
Employer Documentation of Suitability Determination
.
			 Employers must retain documentation of the school employer's review of an
			 employee, applicant, subcontractor, laborer, school transportation provider, or
			 volunteer's national criminal history check results for the duration of an
			 employee's employment or for seven years, whichever is longer. The
			 documentation must include, and is limited to, the following:
(a) The name and date of birth of the
			 employee or applicant;
(b) The date
			 on which the school employer received the national criminal history check
			 results; and,
(c) The suitability
			 determination (either "suitable" or "unsuitable").
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 51.00 - Criminal History Checks For School Employees › Section 51.07 - Reporting National Criminal History Check Results to the Commissioner

Current through Register 1525, July 5, 2024
(1) Any school employer who has dismissed,
			 declined to renew the employment of, obtained the resignation of, or declined
			 to hire a licensed educator or an applicant for a Massachusetts educator
			 license because of information discovered through a national criminal history
			 check shall report such decision or action to the Commissioner in writing
			 within 30 days of the employer action or educator resignation. The report be in
			 a form requested by the Department and shall include the reason for the action
			 or resignation as well as a copy of the national criminal history check
			 results. The school employer shall notify the employee or applicant that it has
			 made a report pursuant to 603 CMR 51.07(1) to the Commissioner.
(2) Any school employer who discovers
			 information from a national criminal history check about a licensed educator or
			 an applicant for a Massachusetts educator license that implicates grounds for
			 license action pursuant to
			 603 CMR
			 7.15(8)(a):
Grounds
			 for License Action
shall report to the Commissioner in writing within
			 30 days of the discovery, regardless of whether the employer retains or hires
			 the educator as an employee. The report must include a copy of the national
			 criminal history check results. The school employer shall notify the employee
			 or applicant that it has made a report pursuant to 603 CMR 51.07(2) to the
			 Commissioner and shall also send a copy of the national criminal history check
			 results to the employee or applicant.
(3) The failure of a school administrator who
			 holds an educator license to make any such report to the Commissioner shall be
			 grounds for license sanction pursuant to
			 603 CMR
			 7.15(8)(h):
Administrator's Obligation to Report
.
(4) The Department shall treat CHRI in a
			 manner consistent with the DCJIS model CORI Policy and in compliance with all
			 federal rules and regulations regarding CHRI, including limitations on record
			 retention.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.01 - Purpose

Current through Register 1525, July 5, 2024
Purpose
. The purpose of
				603 CMR
				52.00 is to provide uniform rules and procedures
				governing the establishment and operation of Commonwealth of Massachusetts
				virtual schools and single district virtual schools.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Administrative Bulletins
. The Board and the Department
			 may issue advisories to interpret, implement, and provide guidance to
			 Commonwealth of Massachusetts virtual schools.
(2)
Waivers
. The
			 Board may waive provisions of
			 603 CMR
			 52.00 for good cause. If an applicant or Commonwealth
			 of Massachusetts virtual school board of trustees makes a written request for a
			 waiver, the Board may waive the applicability of one or more provisions of
			 603 CMR
			 52.00. These waivers shall be granted only under
			 circumstances the Board deems exceptional and such waivers shall be granted
			 only to the extent allowed by law. All such requests from the applicant or a
			 board of trustees must:
(a) be in writing,
			 signed by the waiver applicant;
(b)
			 specify the provisions of
			 603 CMR
			 52.00 to be waived, the duration of the waiver,
			 circumstances to which the waiver applies, and the specific reason why a waiver
			 is sought;
(c) include a
			 certification that the waiver applicant has made a good faith effort to comply
			 with said provisions; and
(d) be
			 accompanied by supporting documentation considered sufficient by the Board to
			 support the special circumstances or the need for relief.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.06 - Board of Trustees and Staff

Current through Register 1525, July 5, 2024
(1)
Appointing Authority
. For a CMVS 1, the Commissioner
			 appoints the members of the boards of trustees, except to the extent such
			 members may be appointed directly by the Board in the Terms of Certificate. For
			 a CMVS 2, the school committee(s) of the district(s) or the member school
			 committees of the collaborative that formed the CMVS 2, shall appoint the
			 members of the board of trustees and inform the Commissioner of such
			 appointments within ten days of appointment.
(2)
Responsibilities of Board of
			 Trustees
. The board of trustees of a Commonwealth of Massachusetts
			 virtual school holds the certificate of the virtual school and governs the
			 virtual school. Every board of trustees shall have a least five members. Boards
			 of trustees are state governmental bodies. Boards of trustees must fulfill
			 their fiduciary responsibilities including, but not limited to, the duty of
			 loyalty and duty of care, as well as the obligation to oversee the school's
			 budget. Boards of trustees shall not exercise managerial powers over the
			 day-to-day operations of the virtual school. Boards of trustees must ensure
			 that virtual schools operate in accordance with their certificate, including
			 any approved amendments. Boards of trustees must ensure that virtual schools
			 operate in compliance with all applicable state and federal laws. The
			 responsibilities of the board of trustees shall include, but are not limited
			 to, the following:
(a) Successfully completing
			 the opening procedures process as specified by the Department;
(b) Requesting the Commissioner's approval
			 for appointment of a CMVS 1 trustee or informing the Commissioner of new CMVS 2
			 trustees;
(c) Submitting timely
			 annual reports;
(d) Submitting
			 timely annual independent audits;
(e) Hiring, evaluating, and removing, if
			 necessary, qualified personnel to manage the school's day-to-day operations and
			 holding these administrators accountable for meeting specified goals;
(f) Approving and monitoring progress towards
			 meeting the goals of the school's Accountability Plan;
(g) Adopting and revising school
			 policies;
(h) Responding to
			 complaints in writing as required by
			 603
			 CMR 52.09; and
(i) Ensuring that members of the board
			 receive an orientation and training regarding their duties and obligations as
			 members of a board of trustees.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.08 - Reporting Requirements and Ongoing Review

Current through Register 1525, July 5, 2024
(1)
Annual Report
. A
			 Commonwealth of Massachusetts virtual school shall submit to the Board and make
			 available to every district, parent or guardian of its enrolled students, and
			 to every parent or guardian who expresses interest in enrolling in that
			 Commonwealth of Massachusetts virtual school, an annual report. Each school
			 shall make the annual report available on its website. The annual report shall
			 be completed on or before January 1st for the preceding school year. The annual
			 report shall include the following information:
(a) information required by M.G.L. c. 71
			 § 94(m);
(b) the virtual
			 school's recruitment and retention of students in the categories outlined in
			 M.G.L. c. 71, § 94(b)(36), and the categories specified as enrollment
			 preferences in the Terms of Certificate for the virtual school; and
(c) such other information as the Department
			 requires.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.09 - Complaint Procedure

Current through Register 1525, July 5, 2024
(1) For a complaint
			 that is not resolved at the school level, a parent, guardian, or other
			 individuals or groups who believe that a virtual school has violated or is
			 violating any provision of M.G.L. c. 71, § 94, or
			 603 CMR
			 52.00 may file a complaint with the board of trustees
			 of the Commonwealth of Massachusetts virtual school.
(2) The board of trustees shall respond in
			 writing to the complaining party no later than 45 days from receipt of the
			 complaint.
(3) The board of
			 trustees shall, pursuant to a complaint received under
			 603
			 CMR 52.09, or on its own initiative, conduct
			 reviews to ensure compliance with M.G.L. c. 71, § 94, and
			 603 CMR
			 52.00. The Commonwealth of Massachusetts virtual
			 school and the specific individuals involved shall cooperate to the fullest
			 extent with such review.
(4) A
			 complaining party who believes the complaint falling within
			 603
			 CMR 52.09 has not been adequately addressed
			 by the board of trustees may submit the complaint in writing to the Department,
			 who shall investigate such complaint and make a written response.
(5) In the event the virtual school is found
			 in non-compliance with M.G.L. c. 71, § 94, or
			 603 CMR
			 52.00, the Commissioner or Board may take such action
			 as it deems appropriate including, but not limited to, suspension or revocation
			 of the certificate, or referral of the matter to the District Attorney, the
			 Office of the Attorney General, or any other agency for appropriate legal
			 action.
(6) A parent, guardian, or
			 other individuals who believe that a virtual school has violated or is
			 violating any state or federal law or regulation regarding special education,
			 may file a complaint directly with the Department.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.10 - Amendments of Certificates

Current through Register 1525, July 5, 2024
(1)
Amendment Requests
. Requests to amend the material
			 terms of a virtual school's certificate must be voted on by the board of
			 trustees and approved by the Commissioner before the change is
			 implemented.
(2)
Amendments Requiring Commissioner Approval
. If a
			 Commonwealth of Massachusetts virtual school desires to change the terms of its
			 certificate, the virtual school's board of trustees shall vote on and submit to
			 the Commissioner a request in writing to amend its certificate. Changes
			 requiring approval by the Commissioner before they can be implemented include
			 all information specified as the Terms of Certificate. Changes requiring
			 advance approval include, but are not limited to:
(a) School name;
(b) Membership of the board of
			 trustees;
(c) Maximum
			 enrollment;
(d) Grades
			 served;
(e) Enrollment
			 region;
(f) Mission, purpose, and
			 special focus;
(g) Educational
			 programs, instructional methodology, and services for students that are
			 inconsistent with those specified in the virtual school's
			 certificate;
(h) Governance or
			 leadership structure;
(i)
			 Bylaws;
(j) Schedule (length of
			 school year, school week, or school day);
(k) Identity of software or curriculum
			 providers;
(l) Contractual
			 relationships with an individual or entity providing or planning to provide
			 substantially all the virtual school's educational services;
(m) Support and storage of critical
			 data;
(n) Accountability
			 Plan;
(o) Enrollment policy and
			 application for admission;
(p)
			 Attendance policy;
(q) Expulsion
			 policy; and
(r) Location of
			 facilities, if such change involves relocating to or adding a facility in
			 another municipality or school district.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.11 - Renewal of Certificates

Current through Register 1525, July 5, 2024
(1)
Renewal Application
. The virtual school shall submit
			 its application for renewal of a certificate under
			 603 CMR
			 52.00 no later than 12 months before the certificate
			 is set to expire. The Board will review renewal applications pursuant to the
			 criteria set forth in
			 603
			 CMR 52.04 and M.G.L. c. 71, §
			 94.
(2)
Renewal
			 Guidelines
. The Department shall issue guidelines describing the
			 evaluation process to be followed in reviewing applications for renewal,
			 including protocols for renewal inspections and performance criteria. The
			 decision by the Board to renew a certificate shall be based upon the
			 presentation of affirmative evidence regarding the faithfulness of the virtual
			 school to the terms of its certificate, the virtual school's academic program,
			 and the viability of the virtual school as an organization. The Department will
			 gather evidence regarding these issues from the renewal application and from
			 other information, including but not limited to, a virtual school's annual
			 reports, financial audits, test results, accountability review reports, and the
			 renewal inspection report. All Commonwealth of Massachusetts virtual schools
			 will be evaluated on the same performance criteria as provided in the
			 guidelines, provided, however, that the criteria will take into account each
			 virtual school's certificate and accountability plan. Evidence of academic
			 success for all students is essential for renewal.
(3)
Time Period of
			 Certificate
. Certificates that are renewed shall be for three to
			 five years from the expiration of the previous certificate under such
			 conditions as the Board may establish under
			 603
			 CMR 52.04 and any additional conditions that
			 the Board or the Commissioner may specify. If a virtual school fails to comply
			 with any specified conditions, the Commissioner may recommend to the Board that
			 the virtual school be placed on probation or that the certificate be revoked as
			 described in
			 603
			 CMR 52.12. Certificates of schools that do
			 not file renewal applications by the deadline identified in
			 603
			 CMR 52.11(1)  shall expire
			 on the date indicated in the certificate.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.12 - Conditions, Probation, Suspension, Revocation, and Non-renewal

Current through Register 1525, July 5, 2024
(1)
Conditions
. The
			 Board or Commissioner may impose conditions on a virtual school's certificate
			 for violations of law, failure to improve student achievement, failure to
			 comply with the terms of the virtual school's certificate, or failure to remain
			 viable.
(2)
Probation
. The Board may place a Commonwealth of
			 Massachusetts virtual school on probation if in its judgment the imposition of
			 a condition alone would be insufficient to remediate the problem. The Board may
			 impose conditions on the virtual school's certificate that require the virtual
			 school to address specific areas of concern. Placing a virtual school on
			 probation signals concern about the virtual school's viability and permits the
			 Board to suspend a virtual school's certificate immediately if the virtual
			 school fails to remedy the causes of its probation. The Department may require
			 a virtual school on probation to establish an escrow account in an amount
			 determined by the Department in consultation with the virtual school to pay for
			 closing, legal, and audit expenses associated with closure should that
			 occur.
(3)
Suspension
			 or Revocation
. The Board may suspend or revoke a certificate for
			 cause including, but not limited to:
(a) lack
			 of evidence of academic success;
(b) failure to comply substantially with the
			 terms of the certificate; with any of the applicable provisions of M.G.L. c.
			 71, § 94; or with any other applicable law or regulation;
(c) a material misrepresentation in the
			 application for approval or renewal of the certificate;
(d) financial insolvency;
(e) misappropriation, conversion,
			 mismanagement, or illegal withholding of funds or refusal to pay any funds that
			 belong to any person otherwise entitled thereto and that have been entrusted to
			 the virtual school or its administrators in their fiduciary
			 capacities;
(f) fraud or gross
			 mismanagement on the part of school administrators or board of trustees,
			 including but not limited to, mismanagement of the educational program and
			 failure to provide a healthy and safe environment for students;
(g) criminal convictions on the part of the
			 school's administration or members of its board of trustees; or
(h) failure to fulfill any conditions imposed
			 by the Board in connection with the grant or renewal of a
			 certificate.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.13 - Single District Virtual School

Current through Register 1525, July 5, 2024
(1)
General
. A Single District Virtual School (SDVS) is
			 distinct from a CMVS that operates under the provisions of G.L. c. 71, §
			 94.
(2)
Proposal
			 Process
. Under G.L. c. 71, § 94(s), the school committee of a
			 single district that wishes to operate a SDVS must submit a summary description
			 of the proposed virtual school (proposal) to the Commissioner for review and
			 comment at least four months before the proposed opening of the SDVS.
(3)
Review Process
.
			 The Department will review proposals and provide feedback using the criteria
			 outlined in
			 603
			 CMR 52.13 and in related guidance
			 documents.
(4)
Feedback
			 Criteria
. The proposals shall be submitted in accordance with the
			 schedule and guidelines issued by the Department to describe the district's
			 capacity to develop and to operate a SDVS. At a minimum, the proposal should
			 include, but not be limited to, a description of the mission and vision, the
			 educational program, and the organizational structure and capacity.
(5)
School Committee
			 Approval
. Once the Department reviews and provides feedback on the
			 proposal, the school committee must vote whether to approve the final SDVS
			 proposal and allow the district to operate the SDVS. The school district shall
			 submit evidence to the Department of school committee vote and submit a copy of
			 the final proposal by a date determined by the Department.
(6)
Enrollment
. As
			 specified in M.G.L. c. 71, § 94(s), except for unemancipated students who
			 live outside of Massachusetts and whose parent or guardian is a member of the
			 armed forces, only students who reside in the district may seek admission to
			 and attend a SDVS. Students attending school in the district as nonresidents
			 may not seek admission to a SDVS.
Unemancipated students who live outside of Massachusetts and
				whose parent or guardian is a member of the armed forces may seek admission to
				a SDVS if they provide evidence of military orders that the parent or guardian
				will be stationed in Massachusetts during the current or following school year.
				Additionally, such students shall use an address consistent with G.L. c. 71,
				§ 6B(b). Alternatively, if a student was last enrolled in grades 9 through
				12 in Massachusetts and their parent or guardian was deployed or received a
				military transfer to a location outside of Massachusetts, such student must
				provide evidence of military orders and of the grade and dates that they
				attended in Massachusetts.
(7)
School Codes and
			 Reporting
. For the purposes of enrollment, accountability, and
			 other school level determinations, the Department will assign a school code to
			 a SDVS to facilitate monitoring of outcomes.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.14 - Severability Clause

Current through Register 1525, July 5, 2024
If any section or portion of a section of
				603 CMR
				52.00, or the applicability of
				603 CMR
				52.00 to any person, entity or circumstance is held
				invalid by a court, the remainder of
				603 CMR
				52.00 or the applicability of such provisions to other
				persons, entities or circumstances shall not be affected
				thereby.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1) The purpose of
			 603 CMR
			 53.00 is:
(a) for
			 those discipline offenses subject to M.G.L. 71, § 37H¾, as set
			 forth in 603 CMR 53.01(2)(a), to limit the use of long-term suspension as a
			 consequence for student misconduct until other consequences have been
			 considered and tried as appropriate;
(b) to promote engagement of a student's
			 parent in discussion of the student's misconduct, and options for responding to
			 it;
(c) to assure that every
			 student who is expelled or suspended, regardless of the reason for suspension
			 or expulsion, has the opportunity to receive education services to make
			 academic progress during the period of suspension or expulsion; and
(d) to keep schools safe and supportive for
			 all students while ensuring fair and effective disciplinary
			 practices.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.03 - Policies and Procedures

Current through Register 1525, July 5, 2024
Each school committee and board of trustees shall ensure that
				policies and procedures are in place in 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.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.04 - Investigation of Disciplinary Incidents

Current through Register 1525, July 5, 2024
Nothing in
				603 CMR
				53.00 shall prevent a school administrator from
				conducting an investigation, including student interviews, of a school-related
				disciplinary incident.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.05 - Alternatives to Suspension under M.G.L. c. 71, Section 37H¾

Current through Register 1525, July 5, 2024
In every case of student misconduct for which suspension may be
				imposed, a principal, headmaster, superintendent or other person acting as a
				decision-maker at a student meeting or hearing shall first consider ways to
				re-engage the student in learning; and shall not use suspension from school as
				a consequence until alternative remedies have been tried, and documented,
				except as follows:
(a) where said
			 decision-maker documents specific reasons why alternative remedies are
			 unsuitable or counterproductive; or
(b) where the student's continued presence in
			 school would pose a specific, documentable concern about the infliction of
			 serious bodily injury or other serious harm to another person while in school.
			 Alternative remedies may include, but are not limited to, the use of
			 evidence-based strategies and programs such as mediation, conflict resolution,
			 restorative justice, and collaborative problem solving.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.06 - Notice of Suspension and Hearing under M.G.L. c. 71, Section 37H¾

Current through Register 1525, July 5, 2024
(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;
(g) if the student may be placed on long-term
			 suspension following the hearing with the principal:
1. the rights set forth in
			 603
			 CMR 53.08(3)(b);
			 and
2. the right to appeal the
			 principal's decision to the superintendent.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.07 - Emergency Removal under M.G.L. c. 71, Section 37H¾

Current through Register 1525, July 5, 2024
(1) Nothing in
			 603 CMR
			 53.00 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 temporary removal shall not exceed two 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 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 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 (3), as
			 applicable, and the parent an opportunity to attend the hearing, before the
			 expiration of the two school days, unless an extension of time for hearing is
			 otherwise agreed to by the principal, student, and parent.
(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 (d) or (3)(c) and
			 (d), as applicable.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.08 - Principal's Hearing under M.G.L. c. 71, Section 37H¾

Current through Register 1525, July 5, 2024
(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
			 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, 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 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 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.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.09 - Superintendent's Hearing Under M.G.L. c. 71, Section 37H¾

Current through Register 1525, July 5, 2024
(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 shall file a notice of appeal with the superintendent within the time
			 period set forth
			 603 CMR
			 53.08(3)(d)5.a. If the
			 appeal is not timely filed, the superintendent may deny the appeal, or may
			 allow the appeal in his or her discretion, for good cause.
(3) The superintendent shall hold the hearing
			 within three school days of the student's request, unless the student or parent
			 requests an extension of up to seven 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 in the hearing. The superintendent shall be
			 presumed to have made a good faith effort if he or she has made efforts to find
			 a day and time for the hearing that would allow the parent and superintendent
			 to participate. The superintendent shall send written notice to the parent 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 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 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 calendar days of the hearing which meets the requirements
			 of
			 603 CMR
			 53.08(3)(d)1. through 4. 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.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.10 - In-school Suspension Under M.G.L. c. 71, Section 37H¾

Current through Register 1525, July 5, 2024
(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
			 603 CMR 53.10, provided that the principal follows the process set forth in 603
			 CMR 53.10(3) through (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 ten
			 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 orally as soon as possible of the disciplinary offense, the reasons for
			 concluding that the student committed the infraction, and the length of the
			 in-school suspension. The principal shall also invite the parent 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 after
			 making and documenting at least two attempts to do so, such attempts shall
			 constitute reasonable efforts for purposes of orally informing the parent of
			 the in-school suspension.
(5) The
			 principal shall send written notice to the student and parent about the
			 in-school suspension, including the reason and the length of the in-school
			 suspension, and inviting the parent 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 for school communications, or other method of delivery
			 agreed to by the principal and the parent.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.11 - Exclusion from Extracurricular Activities and School-sponsored Events

Current through Register 1525, July 5, 2024
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.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.12 - Disciplinary Offenses under M.G.L. c. 71, Section 37H or 37H½

Current through Register 1525, July 5, 2024
(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 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.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 53.00 - Student Discipline › Section 53.13 - Education Services and Academic Progress under M.G.L. c. 71, Sections 37H, 37H½, and 37H¾

Current through Register 1525, July 5, 2024
(1) Any student who
			 is serving an in-school suspension, short-term suspension, or 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 his or her removal from the
			 classroom or school. The principal shall inform the student and parent of this
			 opportunity in writing when the suspension or expulsion is imposed.
(2) Any student who is expelled or suspended
			 from school for more than ten consecutive days, whether in school or out of
			 school, shall have an opportunity to receive education services and to 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 consecutive days. The plan shall include the process
			 for notifying such students and their parents 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 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 as 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.
(b) For each student
			 expelled or suspended from school for more than ten 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.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 54.00 - Recovery High Schools › Section 54.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 603 CMR 54.00, unless the context clearly requires
				otherwise, terms shall have the following meanings:
Board
. The Massachusetts Board of
				Elementary and Secondary Education or a person duly authorized by the
				Board.
Commissioner
. The Commissioner of the
				Massachusetts Department of Elementary and Secondary Education.
Department
. The Massachusetts
				Department of Elementary and Secondary Education.
Individualized Education Program
				(IEP)
. A written statement, developed and approved in accordance
				with federal special education law, in a form established by the Department
				that identifies a student's special education needs and describes the services
				to meet those needs.
See
603 CMR 28.02:
Individualized Education Program
(IEP)
.
Recovery High School
. As set forth in
				M.G.L. c. 71, § 91, a public school or collaborative program for students
				diagnosed with substance use disorder or dependency that provides a
				comprehensive four year high school education and a structured plan of
				recovery.
Recovery High School Student
. A
				student who resides in Massachusetts and who attends a Recovery High School. A
				Recovery High School student must meet both of the following criteria:
(a) Based upon his or her age and academic credit, the student
				is eligible to enroll in high school, grades nine through 12, in his or her
				district of residence; and
(b) The student has been diagnosed with a Substance Use
				Disorder or Dependency, as defined in the Diagnostic and Statistical Manual of
				Mental Disorders IV-TR, by a clinician, as defined by
				105 CMR 164.006:
Definitions.
District of Residence
. The
				Massachusetts city, town, or regional school district in which a Recovery High
				School student currently resides and would otherwise attend public school. For
				students with IEPs, the District of Residence shall be determined according to
				603 CMR
				28.10:
School District
				Responsibility.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 54.00 - Recovery High Schools › Section 54.03 - Admission and Enrollment

Current through Register 1525, July 5, 2024
(1)
Non-discrimination
. Recovery High Schools are subject
			 to M.G.L. c. 76, § 5, and
			 603 CMR 26.00:
Access
			 to Equal Educational Opportunity,
and shall not discriminate against
			 students based on race, color, sex, gender identity, religion, national origin,
			 disability or sexual orientation.
(2)
Student
			 Admission
. Recovery High Schools shall have written policies for
			 prospective students that include, at a minimum, a description of the process
			 for applying and accepting an offer of admission and a process for provision of
			 written notice or documentation from a clinician, as defined by
			 105 CMR 164.006:
Definitions,
indicating that a student has been diagnosed with
			 a Substance Use Disorder or Dependency.
(3)
Student
			 Enrollment
. Upon a student's acceptance of an offer of admission,
			 the Recovery High School shall notify the student's District of Residence of
			 the student's admission within five business days.
(a) The District of Residence shall transfer
			 the student's education record to the Recovery High School as soon as possible
			 and, in any event, no later than ten business days after the date on which it
			 receives notice of a student's acceptance of an offer of admission.
(b) If the student most recently attended a
			 school other than in the District of Residence, the Recovery High School shall
			 contact that school to obtain the student's education record and the school
			 shall transfer the education record per 603 CMR 54.03(3)(a).
(c) Within five business days of a Recovery
			 High School Student's 10th consecutive absence, or
			 whenever a Recovery High School Student's enrollment in a Recovery High School
			 permanently ceases for any reason, the Recovery High School shall notify the
			 student's District of Residence.