117 Kids and the Law Is there a right to appeal the determination made by the principal? Yes. Any student who has been expelled from school after a finding that the student violated school rules by committing a serious offense has the right to appeal the decision to the superintendent. The expelled student has 10 days from the date of expulsion to notify the su- perintendent of the appeal. At the appeal hearing, the expelled student is en- titled to the following: • To retain an attorney (but an attorney will not be appointed). • To provide information in addition to any facts about whether the student violated school rules. For example, the student can present positive evi- dence, such as good grades or participation in school activities, which may counter the principal’s decision to expel the student. How may schools respond when a student is charged with a felony (for example, aggravated assault and battery, arson, burglary, receiving stolen motor vehicle) or convicted of a felony? If the student is charged with a felony, the principal may indefinitely suspend the student until the court case is over. If the student is convicted of a felony, the principal may expel the student. In either situation, the charge or convic- tion on its own is not enough. The principal must also make a determination that the student’s continued presence in the school would have a negative ef- fect on the general welfare of the school. Can kids be arrested for behaviors that occur while attending school? Yes, students who commit a delinquent act can be arrested at school for these incidents, same as if they were out of school. However in April 2018, the Massa- chusetts law on “disturbing school assembly” was changed to no longer allow an elementary or secondary student to be charged with this offense. Legal Issues Related to School 10