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S 376

Requires the department of education to report information regarding counselors, social workers and psychologists in schools

2025 Regular Session Introduced by Jake Ashby and 5 co-sponsors

Raises the bar for suspensions/expulsions by requiring a documented risk of serious bodily injury; expands notice, hearings, language access, and appeals to curb unjust exclusions.

REFERRED TO EDUCATION
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Bill Summary · S 376

Summary — S 376 (2025): "An Act addressing school exclusion policies to remedy disparities in students' educational achievement"

Note: The bill docket and text supplied address changes to school exclusion (suspension/expulsion) law in Massachusetts (amendments to chapter 71, sections 37H, 37H½ and 37H¾). This differs from the short title shown at the top of the request (about reporting on counselors/social workers/psychologists). This summary is based on the bill text provided.

Purpose / Intent

The bill tightens and clarifies when students may be suspended or expelled for serious misconduct, raises the factual threshold school leaders must find before excluding a student, and strengthens procedural protections (notice, hearings, language access, and appeal information) to reduce unjust exclusions and disparities in educational outcomes.

Key provisions and changes

  • Statutory sections amended: chapter 71, sections 37H, 37H½, and 37H¾.
  • Weapons and controlled substances (section 37H(a)): replaces the phrase “including, but not limited to, a gun or a knife” with a reference to “a device as defined in section 10 of chapter 269 or a controlled substance as defined in chapter 94C, including, but not limited to, cocaine, and heroin, but not including marijuana.” (Narrows/updates definition of items triggering exclusion.)
  • Assault language (37H): replaces “assaults” with “willfully assaults, with intent and means to harm” — introducing intent/means language for exclusion.
  • Higher substantive threshold for exclusion (37H½(1)): replaces “have a substantial detrimental effect on the general welfare of the school” with “pose a specific, documentable concern about the infliction of serious bodily injury upon another person while in school.” (Raises the level of danger required to exclude a student.)
  • Notice and hearing procedures (37H½):
    • Students must receive written notification of charges and the right to a hearing before the principal prior to suspension.
    • If suspended/expelled after a hearing, written notice must include reasons and the principal’s basis for finding risk of serious bodily injury.
    • Students placed on diversion prior to arraignment are not eligible for suspension under this section.
  • Conviction/adjudication-triggered expulsions (37H½(2)):
    • Even after a felony conviction/adjudication/admission, principal may expel only if the principal determines the student’s presence poses a specific, documentable risk of serious bodily injury while in school.
    • Notice must include rights to appeal; expulsion remains in effect pending the superintendent appeal hearing.
  • Expanded procedural protections:
    • Notices in English and the student’s primary home language.
    • Right to be represented by counsel or advocate (at student’s expense).
    • Adequate time to prepare, access to evidence, ability to present and question witnesses.
    • Principals must include parents/guardians in hearings (or document reasonable efforts to include them).
    • Department of Elementary and Secondary Education (DESE) to promulgate implementing regulations addressing principals’ duties and parent inclusion.
  • Multiple textual changes to section 37H¾ remove references to “expulsion” across several subsections (likely narrowing application of that section to suspensions only, though the bill text is truncated and would require full text review).

Who is affected

  • Students (particularly those facing charges, diversion, adjudication, or conviction).
  • Parents/guardians (language access, inclusion in hearings).
  • School principals and superintendents (new duties, documentation, notice and appeal procedures).
  • School districts and DESE (must implement rulemaking and comply with new procedural/notice requirements).
  • Legal advocates and attorneys representing students in exclusion proceedings.

Procedural status & timeline (as provided)

  • Introduced in Senate: 2025-02-03 (read twice and referred).
  • Referred to Committee on Education / Committee on Health, Education, Labor, and Pensions (records show multiple referrals).
  • House concurred: 2025-02-27.
  • Hearing scheduled: 2025-07-08, 1:00–5:00 PM (location B-2).
  • Sponsors listed (federal-style names appear in supplied data): primary sponsors Cory Booker and Samra Brouk; cosponsors include Richard Blumenthal, Gustavo Rivera, Robert Jackson, Robert Rolison, Julia Salazar, Jake Ashby.

Potential impacts and considerations

  • Raises legal standard for excluding students — could reduce suspensions/expulsions for conduct that previously met broader language (“substantial detrimental effect”).
  • Provides stronger due-process and language-access protections; may increase administrative burdens on principals/districts (documentation, hearings, translation).
  • Excluding marijuana from controlled substance-based exclusions narrows automatic exclusion triggers.
  • Retaining expulsion in effect pending appeal may limit immediate relief for expelled students.
  • Removal of many “expulsion” references in 37H¾ suggests reallocation of responsibilities between suspension- and expulsion-specific statutes; full text review is needed to confirm net effect.

Related legislation

  • Companion/related: HR 852, A 8390; replaces SD 1067; prior-session bills A 10387, A 3576, S 8566, S 1577, A 8390.

For legal implementation or district policy changes, consult the full enacted text and DESE rulemaking when available.

Compiled from official sources — confirm details with the bill’s official record.

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