Mass. Gen. Laws » Part I Title XII Chapter 71
Massachusetts General Laws

Mass. Gen. Laws ch. 71, § 37H (2026)

Policies relative to conduct of teachers or students; student handbooks

✓ current as of July 2026
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Section 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 assuring 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.

(e) Any school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion, under section 21 of chapter 76. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide educational services to the student in an education service plan, under section 21 of chapter 76.

(f) Districts shall report to the department of elementary and secondary education the specific reasons for all suspensions and expulsions, regardless of duration or type, in a manner and form established by the commissioner. The department of elementary and secondary education shall use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis, the department of elementary and secondary education shall make district level de-identified data and analysis, including the total number of days each student is excluded during the school year, available to the public online in a machine readable format. This report shall include district level data disaggregated by student status and categories established by the commissioner.

(g) Under the regulations promulgated by the department, for each school that suspends or expels a significant number of students for more than 10 cumulative days in a school year, the commissioner shall investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or expulsion. The results of the analysis shall be publicly reported at the school district level.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1993–2026 · leading case: Brum v. Town of Dartmouth, 428 Mass. 684 (Mass. 1999).
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Brum v. Town of Dartmouth, 428 Mass. 684 (Mass. 1999). · cites it 7× “The essence of Brum’s claim, however, is not that the school officials abused their discretion by implementing faulty security measures, but that the school had no security measures at all, in violation of G. L. c. 71, § 37H, which requires each school district to implement and…”
Doe v. Superintendent of Schs. of Stoughton, 437 Mass. 1 (Mass. 2002). · cites it 9× “This is an appeal from the Superior Court’s determination that Stoughton school authorities acted arbitrarily and capriciously in suspending a student pursuant to G. L. c. 71, § 37H ½, the statute providing for the suspension of students who have been charged with felonies.”
Doe v. Superintendent of Schs., 421 Mass. 117 (Mass. 1995). · cites it 6× “She also argues that, if the court reads G. L. c. 71, § 37H, broadly enough to embrace the lipstick knife as a “dangerous weapon,” then the statute is void for vagueness.”
Commonwealth v. Wynton W., 947 N.E.2d 561 (Mass. 2011). · cites it 3× “Finally, the Commonwealth argues that these approaches are incorrect; it offers no alternative definition but proposes that the absence of a firm definition does not require that the statute be held void for vagueness because a separate statute, G. L. c. 71, § 37H, provides that…”
Pomeroy v. Ashburnham Westminster Reg'l Sch. Dist., 410 F. Supp. 2d 7 (D. Mass. 2006). · cites it 5× “He contends that AWRSD violated various procedural due process rights guaranteed to James under federal and state law, including the Fourteenth Amendment of the United States Constitution, Mass. Gen. Laws ch. 71, §§ 37H, 37H1/, and provisions of the Oakmont Student Handbook…”
Brum v. Town of Dartmouth, 123 Educ. L. Rep. 1260 (Mass. App. Ct. 1998). · cites it 2× “The complaint also alleged that, despite the statutory mandate of G. L. c. 71, § 37H, requiring every school district to adopt and publish policies, including standards and procedures to assure school building security and the safety of students, the defendants had neither…”
Commonwealth v. Humberto H., 998 N.E.2d 1003 (Mass. 2013). “G. L. c. 71, § 37H. The application in support of the complaint noted that the administrative search of the juvenile’s person revealed five plastic bags of what appeared to be marijuana, but made no mention of smoking paraphernalia.”
Bd. of Educ. v. Sch. Comm. of Quincy, 612 N.E.2d 666 (Mass. 1993). · cites it 2× “G. L. c. 71, § 37H. Section 37H also requires a school committee to address certain issues in its rules or regulations, including *247 “existing alternative education programs; procedures assuring due process for students in disciplinary proceedings; standards and procedures for…”
Goodwin v. Lee Pub. Schs., 56 N.E.3d 777 (Mass. 2016). “) G. L. c. 71, § 37H*A As initially enacted as part of the Education Reform Act of 1993, see St.”
Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012). “, Mass. Gen. Laws ch. 71, § 37H(e) (“If [an expelled] student does apply for admission to another school or school district, the superintendent of the school district to which the application is made.”
Doe v. Superintendent of Schs. of Weston, 461 Mass. 159 (Mass. 2011). “In a letter to Doe’s father dated April 7, 2010, the principal stated that G. L. c. 71, § 37H, prohibits the possession of a controlled substance, including marijuana, on school premises or at school-sponsored events.”
Commonwealth v. Stone S., 697 N.E.2d 146 (Mass. App. Ct. 1998). · cites it 3× “The juvenile argues that his permanent expulsion is solely punishment because the principal had the option of suspending him for a set period of time rather than expelling him permanently from school.”
Show all 21 citing cases →
— Mass. Gen. Laws ch. 71, § 37H(b) — 1 case
Commonwealth v. Stone S., 697 N.E.2d 146 (Mass. App. Ct. 1998). “The juvenile argues that his permanent expulsion is solely punishment because the principal had the option of suspending him for a set period of time rather than expelling him permanently from school.”
— Mass. Gen. Laws ch. 71, § 37H(c) — 1 case
Commonwealth v. Stone S., 697 N.E.2d 146 (Mass. App. Ct. 1998). “The juvenile argues that his permanent expulsion is solely punishment because the principal had the option of suspending him for a set period of time rather than expelling him permanently from school.”
— Mass. Gen. Laws ch. 71, § 37H(d) — 1 case
Commonwealth v. Stone S., 697 N.E.2d 146 (Mass. App. Ct. 1998). “The juvenile argues that his permanent expulsion is solely punishment because the principal had the option of suspending him for a set period of time rather than expelling him permanently from school.”
— Mass. Gen. Laws ch. 71, § 37H(e) — 2 cases
Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012). “, Mass. Gen. Laws ch. 71, § 37H(e) (“If [an expelled] student does apply for admission to another school or school district, the superintendent of the school district to which the application is made.”
Parkins v. Boule, 2 Mass. L. Rptr. 331 (Mass. Super. Ct. 1994).
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