115 Kids and the Law SCHOOL SUSPENSION AND EXPULSION: SERIOUS OFFENSES Are schools allowed to permanently expel students who have committed serious offenses? Yes, students may permanently lose their right to attend school if they commit a serious offense. What serious offenses can lead to suspension or long-term or permanent expulsion from school? Serious offenses that can lead to a student being suspended or permanently excluded (also called “expelled”) from school include: 1. Possession of a dangerous weapon (for example, a knife or gun) or a con- trolled substance (for example, cocaine) on school premises or at a school- sponsored or school-related event, including athletic games; 2. Assault on educational staff or faculty on school premises or at a school- sponsored or school-related event, including athletic games. What rights do students have when they are charged with committing a serious offense? Any student accused of violating Massachusetts General Laws chapter 71, Sec- tion 37H by committing a serious offense (as listed above) is entitled to the following: • Notice in writing. • The opportunity for a hearing before the principal. At the hearing the student may: • Retain an attorney (but an attorney will not be appointed to represent the student). • Present evidence and witnesses. What can the principal decide after the hearing? After the hearing, a principal may decide to suspend (rather than expel) a student who has been found by the principal to have violated school rules by committing a serious offense on school property. Legal Issues Related to School 10