Appendix A

Massachusetts General Law, C71, S37H provides the following:

1. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.
2. Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school district by the principal.
3. Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal.

After said hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b).  (Chapter 51 of the Acts of 1994, approved July 1, 1994, effective September 29, 1994.)

4. Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent.  The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of his appeal.  The student has the right to counsel at a hearing before the superintendent.  The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.
5. When a student is expelled under the provisions of this section, no school or school district within the commonwealth shall be required to admit such student or to provide educational services to said student.  If said student does apply for admission to another school or school district, the superintendent of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written statement of the reasons for said expulsion.

(Amended as of October 18, 1994)

Appendix B

Massachusetts General Law, C71, S37H1/2 provides the following: 

1. Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal if said principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school.  The students shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect.  The student shall also receive written notification of his/her right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.  

2. The student shall have the right to appeal the suspension to the superintendent.  The student shall notify the superintendent in writing of his/her request for an appeal no later than five calendar days following the effective date of the suspension.  The superintendent shall hold a hearing with the student and the student's request for an appeal.  At the hearing, the student shall have the right to present oral and written testimony on his/her behalf, and shall have the right to counsel.  The superintendent shall have the authority to overturn or alter the decision of the principal including recommending an alternate educational program for the student.  The superintendent shall render a decision on the appeal within five calendar days of the hearing.  Such decision shall be the final decision of the town with regard to the suspension.

3. Upon a student being convicted of a felony or upon an adjudication or admission in court of guild with respect to such felony or felony delinquency, the principal of a school in which the student is enrolled may expel said student if such principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school.  The student shall receive written notification of the charges and reasons for such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his/her request for an appeal no later than five calendar days following the effective date of the expulsion.  The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the expulsion.  At the hearing, the student shall have the right to present oral and written testimony on his/her behalf, and shall have the right to counsel.,  The superintendent shall have the authority to overturn or alter the decision of the principal, including recommending an alternate educational program for the student.  The superintendent shall render a decision on the appeal within five calendar days of the hearing.  Such decision shall be the final decision of the town with regard to the expulsion.   

Upon expulsion of such student, no school or school district shall be required to provide educational services to such student.  (This section was added by Chapter 380 or the Acts of 1993 on January 4, 1994.)

The Department of Education and the Department of Youth Services shall, pursuant to a study and recommendations conducted by the MassJobs Council, assure that an educational opportunity is provided for a student whose admission to a school or right to educational services is regulated by the provisions of this act.

Said study shall contain a statistical analysis of the number of students who have been expelled and the services that are now provided, and recommendations for the provision of education to expelled students in the future.  Said study shall be completed within five months and shall be submitted to the house and senate clerk and the house and senate chairmen of the Joint Committee on Educational, Arts and Humanities.

Disclaimer

The laws, School Committee policies and school rules stated in this handbook are intended to ensure the safe, orderly, and educationally sound operation of Upper Cape Cod Regional Technical School.  In addition to these written provisions, there may be times where, to further ensure the safe, orderly, and educationally sound operation of the school, the school administration may enforce a standard of conduct upon students that furthers this end.  Furthermore, the school administration has the right to enforce any law, ordinance, or School Committee policy not written in this handbook.  If a new law is passed, it supersedes current rules.

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