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Superintendent warns new state discipline law will limit suspensions, require interventions and heavy documentation
Summary
Superintendent Jason DeFalco told the committee that a late-passed amendment to Chapter 222 (37H and 3/4) removes administrator decision authority, mandates alternative remedies for many infractions and imposes significant documentation; the district is updating handbooks and consulting counsel as the law took effect Nov. 8.
Superintendent Jason DeFalco told the school committee on Nov. 17 that recent amendments to Chapter 222 affecting section 37H and three-quarters change how schools may discipline students for many non-felony incidents.
DeFalco said the legislature removed language that previously made administrators the decision-making authority for infractions covered by 37H and 3/4, and the new statute now requires use of alternative remedies — such as restorative justice, mediation and counseling — in place of suspension for many offenses. He described a substantial new documentation burden for administrators and said the law provides an option for parents to refuse the required intervention; if parents opt out, administrators may then impose a suspension but only after following specified procedures.
"There is not a superintendent in the Commonwealth that knew this was coming," DeFalco said, noting the district learned of the change when it appeared in email notice Oct. 21 and that the law became effective Nov. 8. He said district leaders have been creating documentation forms and a disciplinary flowchart and have sent materials to the district attorney for review. "We will not have unsafe schools," he said, adding that the district aims to balance interventions with necessary consequences in cases that threaten safety.
DeFalco flagged implementation challenges: timing interventions without removing students from class, offering the required programs when space and staff are constrained, and how repeated offenses will be handled if interventions are repeatedly refused. He said some exceptions exist where suspension remains allowed if administrators can show the behavior imperils student or staff safety, but those exceptions are not yet tested in practice.
The committee did not take formal action on policy at the meeting; DeFalco said handbooks and procedures will be revised and communicated to families as the district implements the changes required by state law.
