Marblehead policy subcommittee to send nondiscrimination policy to legal for review after comparing with MASC model

The Marblehead School Committee policy subcommittee reviewed the district’s nondiscrimination and harassment policy and agreed to ask district counsel to compare the current district text with the Massachusetts Association of School Committees (MASC) model and recommend next steps.

The item mattered because committee members said the district’s existing policy, last revised Sept. 7, 2022, differs in format and some protected categories from MASC’s recommended policy and from recent advisory work by a special commission on antisemitism, raising the question whether the district should adopt the MASC model or retain a consolidated local policy. "Our policy is actually pretty significantly different from the MASC policy, so it's not a situation where we could just consider the changes that they are recommending and implement those," one committee member said during the meeting.

Committee members read sections of the current policy aloud and noted differences in wording and in the list of protected characteristics. The subcommittee observed that the district policy includes "immigration status," which committee members said is not covered by federal law, and that the district has folded several nondiscrimination topics into a single policy while MASC’s model separates some topics into distinct policies. Members noted that the superintendent must designate at least one compliance officer and that grievance procedures must be published in handbooks and on the district website. One member summarized the direction: have counsel review the district’s current policy alongside the MASC recommendations and return with a recommendation for which language or separate policies the district should adopt.

The subcommittee did not adopt new policy language at the meeting and did not file a final vote on the text; the action taken was to request a legal review and recommendations. Committee members also noted the district’s previous legal counsel prepared the 2022 version and that current counsel should confirm coverage of state and federal requirements and any recent statutory or regulatory changes.

Members said they expect the legal review to include identification of any additional separate policies that would be advisable (for example, disability, harassment, equal opportunity) if the district moves away from its consolidated policy. The item will return to the subcommittee after counsel provides recommended edits and a comparison to MASC’s model.