RULES OF BEHAVIOR AND DISCIPLINE OF STUDENTS

The Melrose Public Schools Code of Conduct serves to support our goals and our mission to provide a safe and educationally stimulating environment for all students. Students should come to school ready to learn with a clear understanding of what is acceptable behavior in a school setting. The common threads of our rules are respect of and civility toward all people (students, teachers, staff, visitors, guests, etc.) and responsibility for one’s actions. Adolescents sometimes make mistakes based on poor judgment, peer pressure, or distractions in their personal lives. Minor infractions are handled by classroom teachers. A teacher will often make a verbal reprimand, contact parents/caregivers, and/or assign a teacher detention. Teachers will refer more serious infractions or persistent infractions to an administrator. Please see Page 19 for the Melrose High School Behavior Flow Chart.

The principal or assistant principal assigns disciplinary consequences for infractions which occur outside the class setting, chronic problems in the classroom or misbehavior which is a serious breach of our code, especially student misbehavior involving safety issues or threats. Assigning office detention and/or suspension is the responsibility of the principal or the assistant principal. Expulsion procedures are the responsibility of the principal, superintendent, and/or School Committee in accordance with Massachusetts General Law.

A. Disciplinary Due Process

1. “Due Process” shall be followed in all disciplinary cases. The student will be given the opportunity to hear the charges against him/her, an explanation of the basis for the accusation(s), and an opportunity to present their version or account of their actions.

2. Consideration of alternative remedies: The Principal prior to deciding the consequences for the student, shall consider ways to re-engage the student in the learning process; and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented, following and in direct response to a specific incident or incidents, unless specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, and in cases 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 upon another person while in school. Alternative remedies may include, but shall not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving.

3. Short Term Disciplinary Sanctions:

a. Prior to the imposition of any disciplinary sanction that may result in a student’s suspension from school for ten (10) consecutive school days or less, (other than those suspensions under M.G.L. c. §§ 37H and 37H 1/2) the student will be given oral notice of the offense with which they is charged and an opportunity to respond. In the event the principal determines that the student will be suspended from school, the student and parent/caregiver will receive notification by telephone (or in person) and in writing (in English and the primary language spoken in the home of the student). The notice will include: the charges; the reasons for the suspension or exclusion; the opportunity to meet with the principal or designee to discuss the charges; and the reasons for the suspension or exclusion taking effect. The student will have the opportunity to make up assignments, tests, papers, and other school work as needed to make continued academic progress.

b. Emergency Removal: A student may be removed from school immediately, when 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. This emergency removal may not exceed two (2) days following the day of the emergency removal. Within the two (2) days the Principal shall: (1) make immediate and reasonable efforts to orally notify the student and the student’s parent/caregiver of the emergency removal and the reason for the need for the emergency removal; (2) provide written notice to student and parent/caregiver which shall include: the charges; the reasons for the suspension or exclusion; the opportunity to meet with the principal or designee to discuss the charges prior to the expiration of the two (2) days (unless an extension is agreed to by the student, parents/caregivers and principal); and the reasons for the suspension or exclusion taking effect.

4. Expedited Evaluation Process:

a. If prior to the disciplinary action, the district had knowledge that the student may be a student with a disability, then the district makes all protections available to the student until and unless the student is subsequently determined not to be eligible.

b. If the district has no reason to consider the student disabled, and the parent/caregiver requests an evaluation subsequent to the disciplinary action, the district must have procedures consistent with federal requirements to conduct an expedited evaluation to determine eligibility.

c. If the student is found eligible, then they receive all procedural protections subsequent to the finding of eligibility.

5. Long Term Disciplinary Sanctions:

a. Prior to the imposition of any disciplinary sanction that might result in the student’s suspension for more than ten (10) consecutive school days or expulsion, the parent(s)/caregiver(s) will be given written notice of a hearing at which they may be represented by an attorney at their expense and may examine and present witnesses and documentary evidence.

b. Following this hearing, the decision maker (principal) will issue a written decision. The written decision shall inform the parent(s)/caregiver(s) and student of the student’s right to receive education services, such as the opportunity to earn credits, make up assignments, tests, papers and other school work as needed to make academic progress during the period of their removal from the classroom or school. This notice shall be provided in English and the primary language spoken in the student’s home if other than English, and the notice shall include the school’s Education Service Plan, which provides a list of the specific education services that are available during the student’s removal from school and contact information for school personnel who will be able to provide information about accessing such services.

c. The parent(s)/caregiver(s) will have the right to appeal any decision imposing a long-term exclusion from school. Where the student is excluded in accordance with M.G.L. c. 71 §37H, the student shall have ten (10) days from the effective date of the exclusion to file a written appeal with the superintendent of schools. For exclusions imposed pursuant to M.G.L. c.71 §37H1/2 and M.G.L. c.71, §37H 3/4, the student shall have five (5) days from the effective date of the exclusion to file a written appeal with the superintendent. For exclusions imposed by the school committee in accordance with M.G.L. c.76 §17, the student shall have the right to file a written request for reconsideration by the committee within ten (10) days of the effective date of the exclusion. Pending the outcome of any such appeal, the disciplinary sanction imposed shall remain in effect. M.G.L. c. 76 §17, M.G.L. c. 71 §37H, M.G.L. c. 71 §37H1/2. M.G.L. c.71, §37H 3/4.

6. Students with Disabilities: Students who have been identified as students with disabilities in accordance with the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act or who the school has reason to believe might be eligible for special education services are entitled to additional procedural protections when a disciplinary exclusion is considered. Prior to the imposition of any disciplinary sanction that would result in a change in placement; the student’s Team will meet to determine whether the student’s conduct was a manifestation of the student’s disability. If the Team determines that the conduct was a manifestation of the student’s disability shall review any existing behavior plan or, if no such behavior plan exists, conduct a functional behavioral assessment. In many cases, a student with a disability will be entitled to services identified by the student’s Team as necessary to provide the student with a free appropriate public education during periods of disciplinary exclusion exceeding ten (10) school days in a given year. For additional information regarding the rights of students with disabilities in the context of school discipline please contact the Melrose Public Schools Assistant Superintendent for PPS or the building principal.

B. Range of Consequences:

Where appropriate, educators will use restorative practices in lieu of, or in addition to, the consequences listed below. Restorative practices may include, but are not limited to, restorative chats, restorative circles, apologies, community service, restitution, and educational programming.

Verbal Warning: Administrative or teacher conference with student.

Written Warning: Written report to be entered into student records.

Teacher Detention: A teacher detention is held after school by the teacher with or without an office referral.

Office Detention: An office detention is held after school for 45 minutes and is assigned by the principal and/or assistant principal.

Saturday Detention: Saturday Detention is a three hour service experience designed to provide students with an opportunity to restore a connection with the school community, while not missing school.

Alternative Learning: Alternative learning places the student in a supervised work space within the school setting for the course of the school day. Students will continue to have access to the general education curriculum and special education services as stated in their IEP, if applicable.

Diversion: Diversion is designed to work with students as an alternative to formal discipline. The diversion program allows a student the opportunity to complete an individually tailored remedial program which may include a combination of conditions such as an educational program, counseling, community service, letter of apology, and restitution. Participation in the program is completely voluntary and requires the student to accept responsibility for their conduct and engage in the program with a positive attitude.

Input regarding whether to divert a particular student is always sought from teachers, administrators, the victims/and other parties involved, and the school resource officer. The assistant principal will monitor the student’s compliance throughout the student’s participation in the program. If the school administration determines that the student has satisfied all requirements of their diversion contract, there will be no further action taken by the school. If the student withdraws or does not successfully complete the diversion program, the school administration may impose more traditional disciplinary sanctions.

Diversion Goals:

Acceptance of responsibility and consequences
Reform and educate
Individual and community accountability and restitution
Prevent future discipline infractions

Eligibility:

Any student that is referred for discipline
No prior criminal involvement in the Commonwealth or any other jurisdiction
The student must be willing to accept responsibility for their actions and conduct
The student must be willing to participate and engage in the Diversion Program

Eligible Circumstances:

Most discipline infractions as stated in the student handbook
Infractions constituting harassment based on the victim’s membership in a protected class if the victim consents

Ineligible circumstances:

Infractions involving serious assaulting or threatening behavior
Infractions involving possession of a weapon or felony charges
Repeat offenders

Note: The final determination of a student’s eligibility for the diversion program is within the sole discretion of the Melrose Public School system and may be based on additional factors not specifically included within these guidelines.

Process:

Referral – After a student is referred to an administrator for discipline, the circumstance will be evaluated for diversion by the assistant principal.
Evaluation – The assistant principal’s evaluation will consist of a factual review of the information involved in the situation; consultation with the appropriate parties involved, teachers, students, and or victims. A student with a history of poor behavior or rules violations may not be considered for this program.
Diversion Meeting – If the student is found to be eligible, the student and parent(s) will meet with the assistant principal to discuss a remedial behavioral plan. To be accepted into the Diversion Program, the student must accept full responsibility for their actions and display a positive attitude. Negative influences, problematic behaviors and decision-making skills are identified. The student and parent(s) will sign a written diversion contract which includes agreement to a remedial plan as identified in the agreement. The remedial plan may include, but is not limited to, educational programming, community service, letter of apology, restitution, essay writing, and/or other case specific conditions. The duration of a diversion agreement and the date by which conditions must be met is generally five (5) to ten (10) weeks.
Conclusion of Case – Student successfully completes conditions in diversion contract and the case is closed without any further penalty. Student withdraws from the diversion program and formal traditional discipline will be imposed. Student violates conditions in the diversion contract and formal traditional discipline will be imposed.

External Suspension: External suspension involves the exclusion of the student from the school setting. Any student who is externally suspended is not to be on the campus or seen from the campus at any time during the suspension, unless authorized by the principal. This stay-away provision includes before school, during school, after school, and/or all school activities that occur during the suspension including all co-curricular activities.

Academic Probation (Melrose High School): Upon issue of a report card, a student failing two or more credits or has two or more incompletes or a combination of a failure and incompletes will be placed on Academic Probation. Academic Probation will begin on that date and extend until the next progress report is issued. At that time, if it is determined that the student is no longer failing two or more credits (based on term grades in each subject, not final grades), eligibility to participate will be restored. Violation of Academic Probation will result in one day suspension and/or a personal growth project.

Students who are on Academic Probation are not eligible to participate in athletic contests or events. Students may continue to attend practices and travel with the team. Other restrictions may include not being able to attend any co-curricular activities and events. Any student who fails two or more credits for the year will be on Academic Probation through progress reports of term one the following school year, or completion of summer school with passing grades.

Expulsion: See below.

Public Service: Service as a consequence for misconduct is imposed in two ways. When appropriate to the offense, a student may be required to perform school service during and/or after school hours as a consequence of their actions. Such service would be performed under the supervision of an administrator, appropriate school staff and/or designee. For a suspension of three or more days, a student may be required to perform service within the community under the supervision of local authorities. Assignments to school service are at the discretion of the administration.

Disciplinary Procedures:

“Due Process” shall be followed in all disciplinary cases. The student will be given the opportunity to hear the charges against him/her, an explanation of the basis for the accusation(s), and an opportunity to present their version or account of their actions.
Consideration of alternative remedies: The Principal prior to deciding the consequences for the student, shall consider ways to re-engage the student in the learning process; and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented, following and in direct response to a specific incident or incidents, unless specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, and in cases 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 upon another person while in school. Alternative remedies may include, but shall not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving.

Short Term Disciplinary Sanctions: Except where circumstances require the student’s immediate removal from the school environment, prior to the imposition of any disciplinary sanction that might result in a student’s suspension from school for ten (10) consecutive school days or less, the student will be given oral notice of the offense with which they is charged and an opportunity to respond. In the event that the principal determines that the student will be suspended from school, the student’s parent(s)/caregiver(s) will be notified by telephone and in writing.
Long Term Disciplinary Sanctions: Prior to the imposition of any disciplinary sanction that would result in the student’s suspension for more than ten (10) consecutive school days or expulsion, the parent(s)/caregiver(s) will be given written notice of a hearing at which they may be represented by an attorney (at private expense) and may examine and present witnesses and documentary evidence. Following this hearing, the hearing officer (principal/school committee) will issue a written decision. The parent(s)/caregiver(s) will have the right to appeal any decision imposing a long-term exclusion from school. Where the student is excluded in accordance with M.G.L. c.71 §37H, the student shall have ten (10) days from the effective date of the exclusion to file a written appeal with the superintendent of schools. For exclusions imposed pursuant to M.G.L. c.71 §37H1/2, the student shall have five (5) days from the effective date of the exclusion to file a written appeal with the superintendent. For exclusions imposed by the school committee in accordance with M.G.L. c.76 §17, the student shall have the right to file a written request for reconsideration by the committee within ten (10) days of the effective date of the exclusion. Pending the outcome of any such appeal, the disciplinary sanction imposed shall remain in effect. M.G.L. c.76 §17, M.G.L. c.71 §37H, M.G.L. c.71 §37H1/2. Within five (5) schooldays of any disciplinary appeal hearing, the reviewing hearing officer (superintendent/school committee) will render a written decision on the student’s appeal.

C. Expulsion Policy

The authority to expel a student from a public school is given to the principal of the school under the provisions of M.G.L. c.71, §37H and 37H1/2. Expulsion proceedings will be considered for severe disciplinary problems. The specific applicable provisions of the Education Reform Law are as follows:

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 school by the principal. 2.) Any student who assaults a principal, assistant principal, teacher, paraprofessional, or other educational staff on the premises or at school-sponsored or at school-related events, including athletic games, may be subject to expulsion from the school by the principal. 3.) Any student who is charged with a violation of paragraphs (1) or (2) 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 witnesses at said hearing before the principal. After said hearing, a principal may, in their discretion, decide to suspend rather than to expel a student who has been determined by the principal to have violated either (1) or (2). 4.) Any student who is expelled from a school 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 their appeal. The student has the right to counsel at a hearing all 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 and applies for admission to another school for acceptance, the superintendent of the sending school shall notify the superintendent of the receiving school of the reasons for the pupil’s expulsion.

See the chart below for more details.

Offenses:

Consequence:

Due Process:

Appeal from Principal’s Decision:

On school premises or at school-sponsored events or activities:

Possession of a dangerous weapon
Possession of a controlled substance
Assault on a member of the educational staff

Exclusion for amount of time up to expulsion;
Principal may suspend and not expel as They deem appropriate

Constitutional due process;
Prior notice to student of charge and written notice of right to hearing;
Right to representation at hearing; and to present evidence and witnesses at hearing.

Right to appeal expulsion decision to superintendent
Timeline for requesting appeal: ten days from date of expulsion
Right to counsel at hearing
Superintendent can make factual determinations as well as determine consequences.

Offenses:

Consequence:

Due Process:

Appeal from Principal’s Decision:

1. A felony charge or felony delinquency complaint against a student.

2. Conviction, adjudication, or admission of guilt with respect to such felony.

1. Felony charge or felony delinquency complaint: suspension for a period of time deemed appropriate by principal if the principal determines the student’s continued presence would have a substantial detriment on the general welfare of the school.

2. Felony or felony delinquency conviction or adjudication or admission of guilt with respect to such felony: removal for a period of time up to expulsion (i.e. permanent exclusion) if the principal determines that the student’s continued presence would have a substantial detriment on the general welfare of the school.

Constitutional due process;
Written notice of the charges and of the reasons before the suspension takes effect;
Principal may determine the appropriate amount of time for suspension;
Written notice of the right to appeal to the superintendent;
Suspension remains in effect pending appeal to the superintendent.

Timeline for requesting appeal: no later than 5 calendar days following the effective date of the suspension/expulsion
Superintendent must hold a hearing within 3 calendar days of receipt of request and issue a decision within 5 calendar days.
Superintendent may overturn or alter the decision.

A student may appeal a suspension decision and the subsequent expulsion decision (following the conviction, adjudication or admission of guilt) regarding the same offense.

Offenses:

Consequence:

Due Process:

Appeal from Principal’s Decision:

Any offense that is not addressed in 37H or 37H ½.

May not suspend a student from school long-term (i.e. more than 10 days) until other remedies and consequences have been considered; consider ways to re-engage the student in learning.
Consequences other than suspension may draw from evidence- based strategies and programs such as mediation, conflict resolution, restorative justice, and behavioral interventions and supports.
No student may be suspended for more than 90 schooldays in a school year

Except for in-school suspension and emergency removals, prior oral and written notice of the charge to the student, and to the student’s parent/caregiver, and the opportunity for a meeting/hearing with the principal before suspension takes effect. Consult 603 CMR 53:08 for details on notices.
Consult 603 CMR 53:07 for emergency removal process and 603 CMR 53:10 for in-school suspension process
Explicit requirement to translate notice of the charges and the reasons in primary language of the home if other than English, or other means of communication where appropriate.
Principal must make and document reasonable efforts to include the parent/caregiver in meeting/hearing with the student.
Principal must audiotape the hearing if requested by the parent/caregiver and all those attending the hearing must be informed of the taping.
Following the hearing, the principal must provide a written decision; and if a long-term suspension is imposed, must inform student and caregiver in writing of the right to appeal to the superintendent and the process to be followed; translate notice of appeal rights in primary language of the home, or other means of communication where appropriate.
Before any out-of-school suspension of a student in preschool or grades K – 3, the principal must notify the superintendent in writing of the alleged misconduct and the reasons for suspending the student out-of-school.

Timeline for requesting appeal: written request not later than 5 calendar days following effective date of suspension; parent/caregiver can request extension for up to 7 calendar days, which must be granted.
The superintendent must hold a hearing within 3 calendar days of the parent’s/caregiver’s request for a hearing. The student or parent/caregiver may request up to 7 additional calendar days. If so, the superintendent must allow the extension. The superintendent may have the hearing without the parent/caregiver if the superintendent has made a good faith effort to include the parent/caregiver.
The student has the right to present oral and written testimony, to cross-examine witnesses, and to counsel at their expense at the hearing.
The superintendent must audiotape the hearing and notify hearing participants that the hearing will be taped.
The superintendent determines the facts and consequences, if any, but cannot impose a consequence greater than the principal decided. A written decision is due within 5 calendar days of the hearing.

Provision of Education Services:

Provide every student an opportunity to make academic progress during the period of suspension (whether in-school or out-of-school) or expulsion, to make up assignments, and earn credits missed. A district that suspends or expels a student for more than 10 consecutive days must provide the student and the parent/caregiver with a list of alternative educational services.

See G.L. c. 76, §21 and 603 CMR 53.13 for details, including required notice.

Discipline Collection and Reporting:

Collect and report to the Department data concerning the types and lengths of removals, suspensions, and expulsions, and access to education services

Periodically review discipline data by selected student populations; determine extent of disciplinary removals and the impact on such populations; adjust practice as appropriate

The department will provide assistance to school(s) if the Commissioner identifies school(s) in district that have the highest percentage of suspensions or expulsions in Massachusetts for more than 10 cumulative days in a school year.

Create a plan to address disparities if the Commissioner determines that school or district discipline data reflect significant disparities by race and ethnicity, or disabilities.

See 603 CMR 53.14 for details.

D. Guidelines for Responses to Breach of School Rules

In response to infractions of the Code of Conduct, Melrose High School and Melrose Veterans Memorial Middle School Administration will use the alternative remedies that include: (1) conflict resolution; (2) mediation; (3) collaborative problem solving and (4) restorative practices including: acceptance of responsibility, education, prevention, counseling, and a range of consequences including diversion.

The infraction consequences listed are not exhaustive nor are they meant to be; rather these are guidelines for addressing inappropriate conduct and suggested disciplinary consequences at both the Melrose Veterans Memorial Middle School and Melrose High School. It should be noted that a range of discipline is possible within these guidelines, and school administrators have the discretion to impose more severe consequences including, but not limited to, suspension or expulsion from school, depending on the individual circumstances presented. In some instances, consequences may carry over from one year to the next. For example, MIAA consequences, long term suspensions and exclusion. Please be aware that some behavior warrants police investigation as the breach of conduct may also be a criminal offense.

Restorative Practices at MVMMS and MHS

Restorative Practices is a social science that studies how to build social capital and achieve recognizes the importance of prioritizing the relationships and connections between all people within a school community and provides a framework for creating positive school culture and climate.

Much of Restorative Practices occurs in the classrooms and as an entire school community to build positive relationships with one another. This represents 80% of the actions for restorative practices.

However, about 15-20% of the practices occur when there has been damage done to those relationships. Some of this can be done less formally through impromptu work by staff and students. However, some, which focus on restoring community, require a more formal process. Beyond building the foundation for building community, The Melrose Public Schools are committed to providing a fair and balanced system for students when they have caused harm by breaking those social expectations to take responsibility for their actions, acknowledge the harm and impact it has created and take steps to make it right.

Restorative Practices will be considered by school administration when reviewing corrective actions and investigating reported incidents.

Punitive - Traditional Discipline

Restorative - Possibility for relationship repair

What rule has been broken?

Who has been harmed and how?

Establish guilt or innocence

Identify needs and obligations

Accountability = Punishment

Accountability = Understand impact, take responsibility, make amends

Suppress misbehavior and conflict

Recognize misbehavior and conflict as a learning opportunity

Authority driven disciplinary actions

Those impacted determine resolution collectively with guidance

Uses fear of punishment and exclusion as motive for positive behavior

Positive behavior results from opportunity to make amends and honorably reintegrate

Infraction Consequences

Observable or Determined Behavior, in person, or electronically

Range of Consequences - school administrators have the discretion to impose more severe consequences including, but not limited to, suspension or expulsion from school, depending on the individual circumstances presented. Discipline may progress toward maximum consequences when behaviors become repetitive. Restorative Practices should be considered where appropriate. Community Service or Saturday Detention may be assigned in lieu of School Suspension when appropriate.

Minimum

Maximum

Verbal/Emotional: Teasing, Making fun of others, Name-calling, Mocking,

and other such acts

Parent/Caregiver Contact

Written Warning

5 day suspension

Police Referral

Severe Verbal/Emotional: Excluding others from a group activity which the person has the right to be part of, Inciting or cheering on aggression, Starting/spreading rumors, Written harassment threatening and other such acts, including verbal and/or emotional acts of retaliation against those who speak up or stand up to such behaviors

Parent/Caregiver Contact

1 Office Detention

Counseling

5 day suspension

Police Referral

Expulsion

Physical: Pushing, shoving, touching, and other such acts

Parent/Caregiver Contact

Written Warning

10 day suspension

Police referral

Severe Physical: Hitting, Punching, Kicking, Tripping, Spitting and other such acts, including physical acts of retaliation against those who speak up or stand up to such behaviors

Parent/Caregiver Contact

Counseling

3 Office Detentions

10 day suspension

Police Referral

Skipping Class:

Skipping class is not attending a scheduled class without permission.

Verbal Warning

2 day Suspension

Saturday Detention

Failure to Report After School:

Failure to report after school is not reporting after school for a teacher or office detention.

Parent/Caregiver Contact

1 Detention

5 detentions

Fighting:

Fighting is harming and/or attempting to inflict physical injury on a person.

1 day suspension

10 day suspension

Forging a signature (including, but not limited to parent/caregiver or staff.

Parent/Caregiver Contact

Detention

Observable or Determined Behavior in person, or electronically

Range of Consequences - school administrators have the discretion to impose more severe consequences including, but not limited to, suspension or expulsion from school, depending on the individual circumstances presented. Discipline may progress toward maximum consequences when behaviors become repetitive. Restorative Practices should be considered where appropriate. Community Service or Saturday Detention may be assigned in lieu of School Suspension when appropriate.

Minimum

Maximum

Gambling or Playing Cards: This refers to betting money on the outcome of a game, contest or event, playing cards, poker, etc.

Parent/Caregiver Contact

1 Detention

3 day suspension

Harassment of a Staff Member: This refers to repeated and/or deliberate and/or consistent emotional harassment of a teacher or staff by performing unkind or mean acts.

Parent/Caregiver Contact

Suspension for 1 day

10 day suspension

Hazing: Hazing includes any conduct or method of initiation into any student organization which willfully or recklessly endangers the physical or mental health of any student or other person. (Under M.G.L., c 269, sec. 17 - Crime of Hazing, such conduct, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or person shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.)

Parent/Caregiver Contact

1 Detention

Parent/Caregiver Contact

10 day suspension

plus police referral and suspension from the student organization for one year when applicable.

Inciting Violence or Breach of School Rules: Inciting violence refers to actions by any student(s) who knowingly and willingly incite or instigate an action or event that is a breach of the Code of Conduct. For example, students that go out of their normal routine to stand around two or more students who have a disagreement and yell “fight - fight - fight!” and/or encourage such crimes by their presence, deeds, and/or actions. Other examples and/or actions include, but are not limited to, writing incendiary notes, making incendiary gestures, offering negative peer pressure, “cheering on” and/or stating incendiary words that encourage two or more students to fight or commit another breach of conduct. One of the intents of this rule is to discourage and prohibit young people from attending, encouraging, and/or watching crimes such as altercations (fights), acts of bullying, acts of hatred, vandalism, strife, unhealthy behavior, and other such breaches of the Code of Conduct. If you hear that there is going to be a crime committed (fight, assault, etc.), do not go to watch and/or participate in it. Seek help from an adult.

Parent/Caregiver Contact

Saturday School

10 day Suspension and police referral

Infringement of Civil Rights or Hate Crime: This refers to complaints of civil rights violations which may take the form of references or gestures related to race, color, sex, religion, national origin, disability, gender identity, and/or sexual orientation. These actions constitute a hate crime when they are motivated in whole or part, by hatred, bias, or prejudice based on a student’s or group’s protected status (G.L. c.265 s. 39)

Parent/Caregiver Contact

Suspension for 1 day

10 day Suspension and police referral

Insubordination or Defiance: This refers to a student who refuses to follow reasonable directions by a teacher and/or a staff member; being uncooperative to the point of creating a disruptive environment that will not be tolerated.

Parent/Caregiver Contact

1 Detention

5 day Suspension

Out of Supervised Area: This refers to students who leave the school campus, gain unauthorized access to the adjacent school, including during lunch, or enter classrooms or areas of the building (such as stairwells) that have no supervision.

Parent/Caregiver Contact

1 Detention

5 day Suspension

Possession or selling of firecrackers, lighters, matches, stink bombs, or other such devices

Parent/Caregiver Contact

Confiscation of illegal materials

Suspension

Police referral

Profane, derogatory, obscene, vulgar languages, gestures, and/or images

Parent/Caregiver Contact

Office Detention

10 day suspension

Pulling false fire alarm or false 911 call: Existing M.G. Laws criminalizes false fire alarms (G.L. c.266 sec. 13) and false reports of an explosive or other dangerous substances (M.G.L. c. 266, sec. 14). The same penalty will apply to false 911 police calls.

Parent/Caregiver Contact

Counseling

3 day minimum suspension

Police referral

Sexual harassment: This refers to unwelcome sexual advances, de-panting (pulling one’s clothes down), creating an intimidating, hostile, or humiliating environment due to sexual remarks and/or other physical or verbal conduct of a sexual nature.

Parent/Caregiver Conference

Counseling

Saturday School

10 day suspension

Smoking/vaping: This refers to the use or possession of all tobacco/nicotine products, including E-Cigarettes and Hookah Pens, as well as all smoking/vaping materials within the school building, on school grounds, on school buses, during field trips or during school activities which is a violation of M.G.L., c71, sec. 2A, and Melrose City Ordinance #11-27, (1997).

Parent/Caregiver Contact

Confiscation of smoking related materials

Counseling

4 hours of Community Service and referral to a vaping education program

5 day suspension

Stealing/Theft: This refers to the intentional, willful, and malicious act of taking without permission property that belongs to someone else.

Parent/Caregiver Contact

Detention

Restitution

Police referral

10 day suspension

Possible expulsion

Technology Misuse: This refers to the unauthorized use of cell phones, iPod, cameras, recorders, computers, and other such technology devices. The use of camera phones or other such picture taking or recording devices are strictly prohibited without the consent of principal or their designee. Students who repeatedly make cell phone calls are subject to this rule. Students who send text messages or make cell phone calls without permission violate this rule. Cell phones and/or other such devices will be confiscated and given to a principal when used without permission.

Parent/Caregiver Contact

Detention

10 day suspension

Threat of Personal Injury or Harassment: This refers to taunting, teasing, tormenting and/or agitating of an individual to the point of interfering with their rights. These are threats of verbal and/or physical abuse.

Parent/Caregiver Contact

Detention

10 day suspension

Possible expulsion

Truancy: Truancy is not reporting to school, leaving school without permission, or skipping several and/or all classes.

Parent/Caregiver Contact

Counseling

Detention

3 day suspension

Saturday Detention

Unexcused Tardiness to School (repeated): This refers to not reporting to school on time.

Parent/Caregiver Contact

Counseling

Detention

Parental conference and/or court referral.

Saturday Detention

Violation of Parking Policy: This refers to students parking in authorized spaces on school campus, including, but limited to, staff parking spots.

Parent/Caregiver Contact

Removal of vehicle

Citation issued

Detention

2 day Suspension

Vandalism: Vandalism is the intentional, willful, and malicious or wanton destruction of private or public property in which a person paints, marks, scratches, etches, places stickers on or otherwise defaces, removes or destroys property.

Parent/Caregiver Contact

Restitution and/or 1 day suspension

Police referral.

10 day suspension

Saturday Detention

Possession of a Dangerous Weapon: This refers to any dangerous weapon, including, but not limited to, a gun or knife (see Education Reform Law).

Parent/Caregiver Contact

Counseling

Police referral.

Possible suspension or expulsion from school

Offenses Covered by M.G.L. c.71 §37H 1/2

Observable or Determined Behavior in person, or electronically

Consequences

On school premises or at school-sponsored events or activities:

Possession of a dangerous weapon
Possession of a controlled substance
Assault on a member of the educational staff

Exclusion for amount of time up to expulsion; Principal may suspend and not expel as they deems appropriate

A. A felony charge or felony delinquency complaint against a student.

B. Conviction, adjudication, or admission of guilt with respect to such felony.

A. Felony charge or felony delinquency complaint: suspension for a period of time deemed appropriate by principal if the principal determines the student’s continued presence would have a substantial detriment on the general welfare of the school.

B. Felony or felony delinquency conviction or adjudication or admission of guilt with respect to such felony: removal for a period of time up to expulsion (i.e. permanent exclusion) if the principal determines that the student’s continued presence would have a substantial detriment on the general welfare of the school.

POLICE REPORT OF USE, POSSESSION, DISTRIBUTION OF A CONTROLLED SUBSTANCE (Drugs and/or Alcohol): This includes, but is not limited to alcoholic beverages, marijuana, cocaine, and/or controlled substances (see Education Reform Law).

Immediate suspension from two (2) consecutive contests in athletics and/or suspension for four weeks as a member of any MPS club or organization that they belong to. In addition, the student will be removed from any leadership position they hold in a sport, club, or organization.

Second and subsequent violations will result in immediate suspension from four consecutive games.

In addition, the student will be suspended from the club or organization that they belong to for the remainder of the school year or for a minimum of 8 months. This could carry over into the next school year.

Students who participate in an approved chemical dependency program or treatment program may be certified for reinstatement into activities after a minimum of two games has been served. The director or a counselor of a chemical dependency treatment center must issue such certification.

Athletes will be held to the MIAA standards of the Drug and Alcohol Policy.

ASSAULT ON SCHOOL PERSONNEL: This refers to an assault on a principal, assistant principal, teacher, teacher’s aide or other educational staff (see Educational Reform Law).

Parent/Caregiver Contact

Counseling

10 day suspension

Police referral

Expulsion from school.

FAKE BOMBS OR HOAX DEVICES: Effective April 12, 2001, under M.G.L., c 266, sec. 102A 1/2, “It is a felony for any person to possess, transport, use or place, or cause another person to possess, transport, use or place a fake bomb or ‘hoax device’ with the intent to cause anxiety, unrest, fear, or personal discomfort to any person or group of persons. A ‘hoax device’ is any device that would cause a person to reasonably believe that it places in danger life or property by fire or explosion.” Written threats may be treated as hoax devices.

Parent/Caregiver Contact

Counseling

10 day suspension

Police referral

Expulsion from school

Any offense that is not addressed in 37H or 37H ½.

May not suspend a student from school long-term (i.e. more than 10 days) until other remedies and consequences have been considered; consider ways to re-engage the student in learning.

Consequences other than suspension may draw from evidence- based strategies and programs such as mediation, conflict resolution, restorative justice, and behavioral interventions and supports.

No student may be suspended for more than 90 school days in a school year.

E. Other Discipline Guidelines

All cases of student misbehavior at Melrose Public Schools will be treated individually. We will make every attempt to make each disciplinary case a learning situation. If a student makes a mistake, our main goal is to educate and to help the student to learn not to make the same or similar mistakes again. Students who continuously act inappropriately will be referred to the administration. Student athletes should refer to www.miaa.net for a complete list of rules and regulations.

F. Discipline of Special Education Students

All students are expected to meet the requirements for behavior as set forth in this handbook. In addition to those due process protections afforded to all students, the Individuals with Disabilities Education Act and related regulations require that additional provisions be made for students who have been found eligible for special education services and who the school district knows or has reason to know might be eligible for such services. Students who have been found to have a disability that impacts upon a major life activity, as defined in Sec. 504 of the Rehabilitation Act, are, generally, also entitled to increased procedural protections prior to imposing discipline that will result in the student’s removal for more than ten (10) consecutive school days or in a given year. The following additional requirements apply to the discipline of students with disabilities:

Students with disabilities may be excluded from their programs for up to ten (10) schools days to the extent that such sanctions would be applied to all students. Before a student with a disability can be excluded from their program for more than ten (10) consecutive school days in a given school year or subjected to a pattern of removal consisting of a “change in placement,” building administrators, the parent(s)/caregiver(s), and relevant members of the student’s IEP or 504 Team will meet to determine the relationship between the student’s disability and behavior (Manifestation Determination). In most instances, for disciplinary exclusions exceeding ten (10) school days in a single school year, a student receiving services under an IEP shall have a right to the services to provide him/her with a free appropriate public education during the period of exclusion.

If the building administrators, the parent(s)/caregiver(s), and relevant members of the student’s IEP or 504 Team determine that the student’s conduct was not a manifestation of the student’s disability, the school may discipline the student in accordance with the procedures and penalties applicable to all students, but will continue to provide a free, appropriate public education to those students with IEPs. If the relevant members of the student’s 504 Team, however, determine that the student’s conduct was not a manifestation of the student’s disability, unlike students with IEPs, the student is not entitled to services during the period of disciplinary exclusion. The student’s IEP will identify the services necessary to provide a free, appropriate public education during the period of exclusion, review any existing behavior intervention plan or, where appropriate, conduct a functional behavioral assessment.

If the building administrators, the parent(s)/caregiver(s), and relevant members of the student’s IEP or 504 Team determine that the conduct giving rise to disciplinary action was a manifestation of the student’s disability, the student will not be subjected to further removal or exclusion from the student’s current educational program based on that conduct (except for conduct involving weapons, drugs, or resulting in serious bodily injury to others) until the IEP or 504 Team develops, and the parent(s)/caregiver(s) consent to, a new placement or unless the District obtains an order from a court or from the Bureau of Special Education Appeals (BSEA) authorizing a change in the student’s placement. The student’s Team shall also review, and modify as appropriate, any existing behavior intervention plan or arrange for a functional behavioral assessment.

If a student with a disability possess or uses illegal drugs, sells or solicits a controlled substance, possess a weapon, or causes serious bodily injury to another on school grounds or at a school function, the District may place the student in an interim alternative educational setting (IAES) for up to forty-five (45) school days. A court or BSEA Hearing Officer may also order the placement of a student who presents a substantial likelihood of injury to self or others in an appropriate interim setting for up to forty-five (45) school days.

G. Graffiti

An Act prohibiting graffiti, M.G.L. c266, sec. 126 A, states “whoever intentionally, willfully and maliciously or wantonly, paints, marks, scratches, etches or otherwise marks, mars, injures, defaces or destroys the real or personal property of another including but not limited to a wall, fence, building, sign, rock, monument, gravestone, or tablet, shall be punished by imprisonment in a state prison for a term of not more than three years or by imprisonment in the house of correction for not more than two years”.

M.G.L. c266, sec. 126 B, states “whoever sprays or applies paint or places a sticker upon a building, wall, fence, sign, tablet, gravestone, monument or other thing on a public way or adjoining to it, or in public view, or on private property, such person known or commonly known as “taggers” and such conduct or activity known or commonly known as “tagging”, or other words or phrases associated to such persons, conduct or activity, and either as an individual or in a group, joins together with said group, with the intent to deface, mar, damage, mark or destroy such property, shall be punished by imprisonment in a house of correction for not more than two years. A police officer may arrest any person for the commission of the offenses prohibited by this section without warrant if said police officer has probable cause to believe that said person has committed the offense prohibited by this section.”

GRAFFITI COMMITTED BY ANYONE UNDER THE AGE OF 16 YEARS OLD: Upon conviction of either 126 A or 126 B, if the individual convicted is under the age of 16, then one year shall be added to the minimum age eligibility for driving. These statutes also require those convicted for violating either of them to pay for the removal of the damage.

H. Felony or Felony Delinquency

If a student is charged with a felony or felony delinquency, the principal may determine, after a school-based hearing, that a student’s continued presence in the school would have a substantial detrimental effect on the general welfare of the school. The result may be external suspension. M.G.L. c.71, §37H1/2. The principal must explain their rationale in writing to the superintendent, including a description of the anticipated detrimental effect on the school.

If a student is convicted of (or, in court, admits guilt to) a felony or a felony delinquency and the principal determines, after a school-based hearing, that the student’s continued presence in the school would have a substantial detrimental effect on the general welfare of the school, then the result may be an expulsion. The principal must explain their rationale in writing to the superintendent, including a description of the anticipated detrimental effect on the school.

I. Search and Seizure Policy

The Fourth Amendment of the United States Constitution protects students from unreasonable searches and seizures by public school officials and teachers. Where a student has a legitimate expectation of privacy, a search of the student’s person or personal belongings brought onto school property, including a vehicle driven by a student, will be lawful if it meets two criteria:

1. School officials must have reasonable suspicion at the time of the search to believe that
it will disclose evidence of a violation of a school rule or a violation of the law.
A determination as to whether reasonable suspicion exists necessarily requires the
exercise of common sense and good judgment. The suspicion that will justify a student
search must be more than a generalized suspicion, unsubstantiated rumor or hunch; it
must be based on the observation or credible report of specific behavior or physical
evidence that reasonably would lead someone to believe that a particular student has
violated or is violating a school rule or the law.

2. The scope of the search must be reasonable in relation to the intrusion upon the
student’s privacy. In other words, there must be a reasonable likelihood that the
contraband being sought will be found in the area or object being searched.
Additionally, the search must not be excessively intrusive in light of the age and
gender of the student and the nature of the suspected infraction.

When reasonable suspicion exists, the Principal or the Principal’s designee may authorize the search of a student or the student’s property. Ordinarily, the search of a student should be conducted by an individual of the same gender as the student. All searches will be conducted in the presence of at least (1) school administrator.

If a Principal believes that a student may possess a dangerous weapon or object or otherwise has reason to believe that the search may jeopardize the Principal’s safety, the Principal should notify the School Resource Officer or the Melrose Police Department to arrange for an officer to be present and, if appropriate, to conduct the physical search. Except in circumstances where a police officer conducts a physical search at the request of a Principal or Principal’s designee to ensure the school administrators’ safety, a police officer must obtain a valid search warrant, based on probable cause, before searching a student or the student’s property.

Lockers, desks and other equipment provided by the Melrose Public Schools for the use and convenience of students while in school remain the property of the School Department and students do not have a legitimate expectation of privacy in those lockers, desks and other equipment. School officials retain the right to search student lockers, desks and equipment, as well as any personal effects found therein, based on reasonable suspicion to believe that they contain evidence of a violation of a school rule or the law. A search of property assigned to a student will be conducted, when practicable, in the presence of the student, and the student will be informed of the reason for the search at that time.

Students are not allowed to place in their lockers, desks or other equipment provided by the School Department any weapons, illegal drugs or drug-related paraphernalia, alcoholic beverages, stolen property or any other contraband or items of no reasonable use to students while at school. School officials also may conduct periodic inspections of lockers, desks and other equipment to ensure compliance with this rule.

In the event that any search yields evidence of a violation of law, such evidence will be seized by school authorities and turned over to the appropriate law enforcement officials. Items that may be used to disrupt or interfere with the educational process may be removed from the student’s possession.

J. Selected State Statutes Pertaining to Student Conduct:

M.G.L. c.71, § 37H:

The superintendent of every school district shall publish the district's policies pertaining to the conduct of teachers and students. Said policies shall prohibit the use of any tobacco products within the school buildings, the school facilities or on the school grounds or on school buses by any individual, including school personnel. Said policies shall further restrict operators of school buses and personal motor vehicles, including students, faculty, staff and visitors, from idling such vehicles on school grounds, consistent with section 16B of chapter 90 and regulations adopted pursuant thereto and by the department. The policies shall also prohibit bullying as defined in section 37O and shall include the student-related sections of the bullying prevention and intervention plan required by said section 37O. Copies of these policies shall be provided to any person upon request and without cost by the principal of every school within the district.

Each school district's policies pertaining to the conduct of students shall include the following: disciplinary proceedings, including procedures ensuring due process; standards and procedures for suspension and expulsion of students; procedures pertaining to discipline of students with special needs; standards and procedures to assure school building security and safety of students and school personnel; and the disciplinary measures to be taken in cases involving the possession or use of illegal substances or weapons, the use of force, vandalism, or violation of a student's civil rights. Codes of discipline, as well as procedures used to develop such codes shall be filed with the department of education for informational purposes only.

In each school building containing the grades nine to twelve, inclusive, the principal, in consultation with the school council, shall prepare and distribute to each student a student handbook setting forth the rules pertaining to the conduct of students. The student handbook shall include an age-appropriate summary of the student-related sections of the bullying prevention and intervention plan required by section 37O. The school council shall review the student handbook each spring to consider changes in disciplinary policy to take effect in September of the following school year, but may consider policy changes at any time. The annual review shall cover all areas of student conduct, including but not limited to those outlined in this section.

Notwithstanding any general or special law to the contrary, all student handbooks shall contain the following provisions:

(a) 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.

(b) 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 or school district by the principal.

(c) 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).

(d) 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.

M.G.L. c.71, §37H1/2:

Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter seventy-six:

(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 or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster 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 the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of their 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.

The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of their 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 parent/caregiver within three calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, 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 a decision shall be the final decision of the city, town or regional school district with regard to the suspension.

(2) Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster 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 prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing 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 their 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/caregiver within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, 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 a decision shall be the final decision of the city, town or regional school district with regard to the expulsion.

Upon expulsion of such a student, no school or school district shall be required to provide educational services to such student.

M.G.L. c.71, §37H 3/4:

(a) This section shall govern the suspension and expulsion of students enrolled in a public school in the commonwealth who are not charged with a violation of subsections (a) or (b) of section 37H or with a felony under section 37H½.

(b) Any principal, headmaster, superintendent or person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall consider ways to re-engage the student in the learning process; and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented, following and in direct response to a specific incident or incidents, unless specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, and in cases 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 upon another person while in school. Alternative remedies may include, but shall not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving. The principal, headmaster, superintendent or person acting as a decision-maker shall also implement school- or district-wide models to re-engage students in the learning process which shall include but not be limited to: (i) positive behavioral interventions and supports models and (ii) trauma sensitive learning models; provided, however, that school- or district-wide models shall not be considered a direct response to a specific incident.

(c) For any suspension or expulsion under this section, the principal or headmaster of a school in which the student is enrolled, or a designee, shall provide, to the student and to the parent/caregiver of the student, notice of the charges and the reason for the suspension or expulsion in English and in the primary language spoken in the home of the student. The student shall receive the written notification and shall have the opportunity to meet with the principal or headmaster, or a designee, to discuss the charges and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The principal or headmaster, or a designee, shall ensure that the parent/caregiver of the student is included in the meeting, provided that such meeting may take place without the parent/caregiver only if the principal or headmaster, or a designee, can document reasonable efforts to include the parent/caregiver in that meeting. The department shall promulgate rules and regulations that address a principal’s duties under this subsection and procedures for including parents in student exclusion meetings, hearings or interviews under this subsection.

(d) If a decision is made to suspend or expel the student after the meeting, the principal or headmaster, or a designee, shall update the notification for the suspension or expulsion to reflect the meeting with the student. If a student has been suspended or expelled for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year, the student and the parent/caregiver of the student shall also receive, at the time of the suspension or expulsion decision, written notification of a right to appeal and the process for appealing the suspension or expulsion in English and in the primary language spoken in the home of the student; provided, however, that the suspension or expulsion shall remain in effect prior to any appeal hearing. The principal or headmaster or a designee shall notify the superintendent in writing, including, but not limited to, by electronic means, of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect. That notification shall describe the student’s alleged misconduct and the reasons for suspending the student out-of-school. For the purposes of this section, the term “out-of-school suspension” shall mean a disciplinary action imposed by school officials to remove a student from participation in school activities for 1 day or more.

(e) A student who has been suspended or expelled from school for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year shall have the right to appeal the suspension or expulsion to the superintendent. The student or a parent/caregiver of the student shall notify the superintendent in writing of a request for an appeal not later than 5 calendar days following the effective date of the suspension or expulsion; provided, that a student and a parent/caregiver of the student may request, and if so requested, shall be granted an extension of up to 7 calendar days. The superintendent or a designee shall hold a hearing with the student and the parent/caregiver of the student within 3 school days of the student’s request for an appeal; provided that a student or a parent/caregiver of the student may request and, if so requested, shall be granted an extension of up to 7 calendar days; provided further, that the superintendent, or a designee, may proceed with a hearing without a parent/caregiver of the student if the superintendent, or a designee, makes a good faith effort to include the parent/caregiver. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses and shall have the right to counsel. The superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That decision shall be the final decision of the school district with regard to the suspension or expulsion.

(f) No student shall be suspended or expelled from a school or school district for a time period that exceeds 90 school days, beginning the first day the student is removed from an assigned school building.

M.G.L. c.269:

Section 17: Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

Section 18: Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.

Section 19: Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.

Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of postsecondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of postsecondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.

Melrose Public Schools

2023-24 Elementary Student Handbook & Code of Conduct (Grades PreK-5)

School Hours

Afterschool Care

Early Release Days

Attendance, Absenses, Tardy and Dismissal

School Cancellation & Delayed Opening

Lunch & Snack

Payment of Fees/Tuition

Visitors/Volunteers

Social Media

Recess

Communication

Emergency Response Drills

METCO Program

Report Cards

Procedure for Discussing School Related Concerns

Multi-Tiered System of Support/Student Support Team

Pupil Personnel Services

Registration & Transfers

City of Melrose Health and Wellness Policy

Emergency Contact Information

Emergency Health Care

School Site Council

Field Trips

Instrumental Music Program

Library

Technology & Responsible Use

Homework, Testing, & Assessment

Promotion, Retention & Class Placement

Elementary Code of Conduct

Elementary Behavior Expectations

Chapter 222- Due Process

Record Regulations

Bullying Prevention & Intervention Plan

Physical Restraint

Statement of Non-Discrimination

PPRA Notice and Consent/Opt-Out for Specific Activities

2023-24 Secondary Student Handbook & Code of Conduct (Grades 6-12)

Right to an Equal Educations

Rights of Freedom of Expression

Rights of Students and Families Regarding Student Records

Responsibility for Regular Attendance

Responsibility for Academic Honesty

Responsibility for Appropriate Use of Electronic Devices

Responsibility for Appearance

Responsibility For Positive Behavior

Rules of Behavior and Discipline of Students

Melrose Public Schools Discrimination and Harassment Grievance Procedures

Health Information