Suspended Or Expelled
G.L. c. 71, § 37H3/4 — alternatives first, a meeting before it takes effect, an appeal after more than 10 school days, and never more than 90
Alternatives come first. For a student not charged under subsection (a) or (b) of section 37H, or with a felony under section 37H1/2, the decision maker considers ways to re-engage the student and does not suspend or expel until alternative remedies, such as mediation, conflict resolution, restorative justice and collaborative problem solving, have been employed and documented, unless the reasons they are unsuitable are documented, or the student's presence poses a specific, documentable concern about serious harm to another person.
Notice and a meeting before it takes effect. The principal or headmaster gives the student and parent notice of the charges and the reason, in English and in the primary language spoken at home. The student has the opportunity to meet with the principal to discuss them before the suspension or expulsion takes effect, and the parent is included unless reasonable efforts to include them are documented.
The appeal, after more than 10 school days. A student suspended or expelled for more than 10 school days for one infraction, or more than 10 cumulatively in a school year, may appeal to the superintendent. The request is made in writing within 5 calendar days of the effective date, extendable by up to 7 calendar days on request. The hearing is held within 3 school days of the request, and the student may present oral and written testimony, cross-examine witnesses, and have counsel. The superintendent decides in writing within 5 calendar days.
While the appeal is pending, the suspension or expulsion remains in effect. An out of school suspension of a student in kindergarten through grade 3 is reported in writing to the superintendent before it takes effect.
Ninety school days is the ceiling. No student is suspended or expelled from a school or district for a period exceeding 90 school days, beginning the first day the student is removed from the assigned school building.
This page reads the section for most suspensions; the cases sections 37H and 37H1/2 govern are not on it. A district's own code of conduct and board rules fill in much of the detail, and they are not on this page. How a particular suspension applies to a particular student is a question for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 71, § 37H3/4 — Suspension or expulsion on grounds other than those set forth in sections 37H or 37H1/2
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.