Disciplinary Policies

LMACS Disciplinary Policies are designed to uphold the integrity of the LMACS community and support students in abiding by the LMACS Non-Negotiable Rules and Policies.  Progressive levels of intervention allow students to reflect upon their behavior.  Students initially encountering difficulties in meeting the behavior expectations of the school are sent to an LMACS administrator.  If a student’s behavior is determined by the Executive or Assistant Director to require further action, parents will be notified.  Some offenses call for immediate action by the Executive or Assistant Director.  Those offenses and the disciplinary due process procedures are described below.

Procedural Due Process: A student will not be excluded from school without being afforded appropriate due process as set forth below. If, however, a student’s continued presence in school poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the administrator’s, judgment there is no alternative available to alleviate the danger or disruption, a student who is charged with a disciplinary offense may be removed temporarily from school before receiving due process pursuant to an Emergency Removal (see below for more information).

Removal from Privileges and Extracurricular Activities

The principal or his/her designee may remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on the student’s misconduct. A removal from privileges and/or extracurricular activities is not subject to the procedures set forth herein. 

Potential Consequences

Suspension: Suspensions may be short term or long term. Short-term suspension means the removal of a student from the school premises and regular classroom activities for ten (10) consecutive school days or less. Long term suspension means the removal of a student from the school premises and regular classroom activities for more than ten (10) consecutive school days, or for more than ten (10) school days cumulatively for multiple disciplinary offenses in any school year.

Suspensions may also occur in-school or out-of-school. In-school suspension is the removal of a student from regular classroom activities, but not from the school premises, for no more than ten (10) consecutive school days, or no more than ten (10) school days cumulatively for multiple infractions during the school year. Long-term suspension means the removal of a student from the school premises and regular classroom activities for more than ten (10) consecutive school days, or for more than ten (10) school days cumulatively for multiple disciplinary offenses in any school year. The Director may, in his/her discretion, allow a student to serve a long-term suspension in school. 

During the course of an out-of-school suspension from school, a student may not be on school premises.  During the course of an in-school or out-of-school suspension, a student is ineligible to participate in any school-related activities.  The student and his/her parents are expected to meet with a school administrator prior to the student’s return to class.

 

Student and Parent/Guardian Rights under Massachusetts’ law, M.G.L. c. 71 §37H¾

This section governs all student offenses that may be subject to short- or long-term suspensions that do not involve dangerous weapons, controlled substances, assault on school staff, felony or felony delinquency charges, and/or felony delinquency findings or admissions, all of which are governed by M.G.L. c.71 §§37H and 37H½, as detailed below.  In every case of student misconduct for which suspension may be imposed, the principal is required to exercise discretion in deciding the consequence for the offense, consider ways to re-engage the student in learning, and avoid using long-term suspension from school as a consequence until alternatives have been tried. The following document outlines student and parent rights when the principal is considering and/or decides to implement a removal from school (suspension or expulsion) as a consequence for student misconduct. 

 

1. In-School Suspension. An in-school suspension is a removal of a student from regular classroom activities, but not from the school premises.  The procedure for an in-school suspension of no more than (10) school days (consecutive or cumulatively for multiple infractions during the school year) will be as follows:
   1. The administrator will inform the student of the disciplinary offense charged, the basis for the charge, and provide the student an opportunity to respond.   If the administrator determines that the student committed the disciplinary offense, the administrator will inform the student of the length of the student’s in-school suspension, which may not exceed 10 days, cumulatively or consecutively, in a school year.
   2. On the same day as the in-school suspension decision, the administrator will make reasonable efforts to notify the parent orally of the disciplinary offense, the reasons for concluding that the student committed the infraction, and the length of the in-school suspension. The administrator will also invite the parent to a meeting to discuss the student’s academic performance and behavior, strategies for student engagement, and possible responses to the behavior. Such meeting will be scheduled on the day of the suspension if possible, and if not, as soon thereafter as possible. If the administrator is unable to reach the parent after making and documenting at least (2) attempts to do so, such attempts will constitute reasonable efforts for purposes of orally informing the parent of the in-school suspension.
   3. The administrator will send written notice to the student and parent about the in-school suspension, including the reason and the length of the in-school suspension, and inviting the parent to a meeting with the principal for the purpose set forth above, if such meeting has not already occurred.  The administrator will deliver such notice on the day of the suspension by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or by other method of delivery agreed to by the administrator and the parent.

An in-school suspension of more than 10 cumulative days in a school year will be subject to the procedures for long-term suspension.

Short Term, Out-of-School Suspension. Except in the case of an Emergency Removal (see below), prior to imposing a short term out-of-school suspension (10 days or less in a school year) for conduct not covered by M.G.L. c. 71, §37H and 37H ½, an administrator will provide the student and his/her parent oral and written notice and an opportunity to participate in an informal hearing.

1. 1. Notice:  The written notice to the student and the parent will be in English and in the primary language of the home if other than English, or other means of communication where appropriate and will include the following.  Written notice to the parent may be made by hand delivery, first-class mail, certified mail, email to an address provided by the parent for school communications, or any other method of delivery agreed to by the school and parent. 
      1. 1. 1. 1. the disciplinary offense;
               2. the basis for the charge;
               3. the potential consequences, including the potential length of the student’s suspension;
               4. the opportunity for the student to have a hearing with the administrator concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident, and for the parent to attend the hearing;
               5. the date, time, and location of the hearing;
               6. the right of the student and the student’s parent to interpreter services at the hearing if needed to participate; 
   2. Efforts to Involve Parent:  The administrator will make reasonable efforts to notify the parent of the opportunity to attend the hearing. To conduct a hearing without the parent present, the administrator must be able to document reasonable efforts to include the parent.  The administrator is presumed to have made reasonable efforts if the administrator has sent written notice and has documented at least two (2) attempts to contact the parent in the manner specified by the parent for emergency notification.
   3. Format of Hearing:  The administrator will discuss the disciplinary offense, the basis for the charge, and any other pertinent information. The student also will have an opportunity to present information, including mitigating facts, that the administrator should consider in determining whether other remedies and consequences may be appropriate.  The administrator will provide the parent, if present, an opportunity to discuss the student’s conduct and offer information, including mitigating circumstances, that the administrator should consider in determining consequences for the student.
   4. Decision:  The administrator will provide written notice to the student and parent of his/her determination and the reasons for it, and, if the student is suspended, the type and duration of suspension and the opportunity to make up assignments and such other school work as needed to make academic progress during the period of removal.  The notice of determination may be in the form of an update to the original written notice of hearing.

Long Term Suspension: Except in the case of an Emergency Removal, prior to imposing a long-term suspension (more than 10 days of suspension, whether in-school or out-of-school, whether consecutive or cumulative for multiple offenses during a school year), an administrator will follow the procedures for short-term suspension plus additional procedures as follows:

 

1. Notice:  The notice will include all of the components for a short-term suspension, plus the following:
   1. In advance of the hearing, the opportunity to review the student’s record and the documents upon which the administrator may rely in making a determination to suspend the student or not;
   2. the right to be represented by counsel or a lay person of the student’s choice, at the student’s/parent’s expense;
   3. the right to produce witnesses on his or her behalf and to present the student’s explanation of the alleged incident, but the student may not be compelled to do so;
   4. the right to cross-examine witnesses presented by the school district;
   5. the right to request that the hearing be recorded by the administrator, and a copy of the audio recording provided to the student or parent upon request; and
   6. the right to appeal administrator’s decision to impose long-term suspension to the Head of School.
2. Format of Hearing:  The Hearing will afford the rights set forth in the notice above.  The administrator will also provide the parent, if present, an opportunity to discuss the student’s conduct and offer information, including mitigating circumstances, that the administrator should consider in determining consequences for the student.
3. Decision:  Based on the evidence, the administrator will determine whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to long-term suspension, what remedy or consequence will be imposed, in place of or in addition to a long-term suspension. The administrator will send the written determination to the student and parent by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or any other method of delivery agreed to by the school and the parent.  If the administrator decides to suspend the student on a long-term basis, the written determination will:
   1. Identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing;
   2. Set out the key facts and conclusions reached;
   3. Identify the length and effective date of the suspension, as well as a date of return to school;
   4. Include notice of the student’s opportunity to receive education services to make academic progress during the period of removal from school (if more than 10 cumulative days);
   5. Inform the student of the right to appeal the administrator’s decision to the Executive Director or designee.  Notice of the right of appeal will be in English and the primary language of the home if other than English, or other means of communication where appropriate, and will include the following information stated in plain language:
      1. the process for appealing the decision, including that the student or parent must file a written notice of appeal with the Executive Director within five (5) calendar days of the effective date of the long-term suspension; provided that within the five (5) calendar days,  the student or parent may request and receive from the Executive Director an extension of time for filing the written notice for up to seven (7) additional calendar days; and that
      2. the long-term suspension will remain in effect unless and until the Executive Director decides to reverse the administrator’s determination on appeal.

No long-term suspension will extend beyond the end of the school year in which such suspension is imposed.

APPEAL TO THE EXECUTIVE DIRECTOR FOR LONG-TERM SUSPENSION: If a decision by an administrator, following the parent meeting, results in suspension of a student for more than 10 cumulative school days for the school year, the student may appeal the decision to the Executive Director.  In order to do so the student or parent must file a notice of appeal with the Executive Director within five (5) calendar days with a seven (7) day postponement option.  The Executive Director must hold the hearing within three (3) school days of the student’s request, unless the student or parent requests an extension of up to seven (7) additional calendar days.  If the appeal is not filed within this time frame, the Executive Director may deny the appeal, or may allow the appeal in his or her discretion, for good cause.

The following apply:

• The Executive Director will make a good faith effort to include the parent in the hearing. The Executive Director will be presumed to have made a good faith effort if he or she has made efforts to find a day and time for the hearing that would allow the parent and Executive Director to participate. The Executive Director will send written notice to the parent of the date, time, and location of the hearing.
• The Executive Director will conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence will be.  The Executive Director will arrange for an audio recording of the hearing, a copy of which will be provided to the student or parent upon request. The Executive Director will inform all participants before the hearing that an audio record will be made of the hearing and a copy will be provided to the student and parent upon request.
• The student will have all the rights afforded the student at the administrator’s hearing for long-term suspension as described in Section D above.
• The Executive Director will issue a written decision within five (5) calendar days of the hearing which meets the requirements for a long-term suspension as described in Section D above.  If the Executive Director determines that the student committed the disciplinary offense, the Executive Director may impose the same or a lesser consequence than the administrator,  but will not impose a suspension greater than that imposed by the administrator’s decision.

The decision of the Executive Director constitutes the final decision of the school district. 

Expulsion: An expulsion will result in the permanent removal from school of the student in question and can only apply pursuant to M.G.L. ch. 71, §37H and §37H½. 

Students are subject to expulsion by the Principal for the conduct listed below.   

• Possession of a dangerous weapon*
• Possession of a controlled substance (such as marijuana, cocaine, or prescription drugs not authorized by the school nurse)
• Assault on teachers, administrative staff or other educational personnel

 

*This includes not only knives and guns, explosive devices and realistic replicas of such weapons/devices, but also other objects used to assault another person or to otherwise create a dangerous situation, such as a baseball bat, a pair of scissors, matches or a lighter. While such objects would not always constitute “dangerous weapons”, administrators and educational professionals will review the circumstances of each case and make a reasonable determination about whether a particular object in a student’s possession constitutes a dangerous weapon in the school setting. Any illegal weapon will be turned over to the Police Department. Any student who brings a firearm to school must be expelled for a minimum of one school year, with exceptions granted only by the superintendent. (The definition of a firearm includes but is not limited to guns (including a starter gun), bombs, grenades, rockets, missiles, mines and similar devices.)

Students are also subject to long term suspension/expulsion by the Principal when charged/convicted of a felony based upon the standards and procedures set forth in M.G.L. c.71, §37H½ .  

Any student who is removed from school for a disciplinary offense under G.L. c. 71, §37H or §37H½ for more than ten consecutive days will have an opportunity to receive educational services and make academic progress during the period of removal under a school-wide education service plan, and will be so informed at the time of the suspension/expulsion.

Procedures applicable to conduct covered by M.G.L. c.71, §37H and 37H½ 

When considering the exclusion of a student from school for possession of a dangerous weapon, possession of a controlled substance (such as marijuana, cocaine, or prescription drugs not authorized by the school nurse), or assault on teachers, an administrator may place a student on short term suspension (ten days or less) based upon an informal hearing, to be followed by a formal hearing before the Assistant Director within that period of suspension to determine whether to take additional disciplinary action, up to and including expulsion from school.

1. The informal hearing will be in the form of a conference between the student and the principal or designee.  At this conference, the student (1) shall be informed of the reason for the conference, (2) shall be given the opportunity to present his or her side of the story, and (3) shall be given a decision on the suspension. If the administrator deems delay of the hearing necessary to avoid danger or substantial disruption, this process may occur immediately after, rather than before, the suspension. 
2. Prior to putting a suspension into effect, the principal or designee shall make a reasonable effort to telephone and inform the student’s parent or guardian of the impending suspension; this shall include attempts to contact the parents or guardian at home and at work.  Parents may contact the school for additional information regarding the suspension.
3. A letter will be mailed to the parent/guardian of the suspended student stating:
   1. The reason for the suspension 
   2. A statement of the effective date and duration of the suspension 
   3. A statement regarding whether or not the Principal will schedule a formal hearing to consider further discipline, up to and including expulsion from school in accordance with M.G.L. c. 71, §37H

When considering a suspension/expulsion of a student charged with/convicted of felony, the Principal will use the standards and procedures set forth in M.G.L. c.71, §37H1/2.   In addition, prior to initiating such procedures, the Principal may meet informally with the student and/or his parents to review the charge and the applicable standards if the Principal deems appropriate.

CONTINUATION OF EDUCATIONAL SERVICES

Students serving an in-school suspension, short-term suspension, or long-term suspension have the opportunity to earn credits, as applicable, make up assignments, tests, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom or school.  Students who are suspended under §37H¾ for more than ten (10) consecutive days, whether in school or out of school, are entitled to receive educational services during the period of suspension under LMACS’s Education Service Plan, which is described below. If the student withdraws from the charter school and/or moves to another school district or public school during the period of suspension, the new school/district/district of residence shall either admit the student to its schools or provide educational services to the student under the new school or district’s education service plan. 

Services during Removals and School-Wide Education Service Plan

Students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, have the opportunity to make academic progress during the period of suspension; make up assignments; and earn credits missed including, but not limited to, homework, quizzes, exams, papers and projects missed.

LMACS has developed a school-wide Education Service Plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. Principals shall ensure these students have an opportunity to make academic progress during the period of suspension or expulsion, to make up assignments and earn credits missed, including, but not limited to, homework, quizzes, exams, papers and projects missed.

LMACS’s Education Service Plan is subject to change, and may include, but is not limited to, tutoring, alternative placement, Saturday school, and online or distance learning.

 

EXCEPTION FOR EMERGENCY REMOVAL

Notwithstanding the provisions for short or long-term suspension set forth above, a student who is charged with a disciplinary offense may be removed temporarily from school if the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the administrator’s judgment, there is no alternative available to alleviate the danger or disruption.  

The administrator will immediately notify the Executive Director in writing of the removal and the reason for it, and describe the danger [or disruption] by the student. 

The temporary removal will not exceed two (2) school days following the day of the emergency removal, during which time the administrator will provide the following, as applicable to the length of suspension:

• Make immediate and reasonable efforts to orally notify the student and the student’s parent of the emergency removal, the reason for the need for emergency removal, and other applicable matters;

• Provide written notice to the student and parent as provided above, as applicable;

• Provide the student an opportunity for a hearing with the administrator, as applicable, and the parent an opportunity to attend the hearing, before the expiration of the two (2) school days, unless an extension of time for hearing is otherwise agreed to by the administrator, student, and parent. 

• Render a decision orally on the same day as the hearing, and in writing no later than the following school day.

 

An administrator may not remove a student from school on an emergency basis for a disciplinary offense until adequate provisions have been made for the student’s safety and transportation. 

Students with Special Needs:  All students are expected to follow the LMACS Code of Conduct, unless otherwise determined by the Team and written in the student’s IEP.  Federal and state law provide certain procedural rights and protections relating to discipline of students who have been identified under such laws as having special needs based upon a disability.  A copy of these rights may be obtained from the LMACS administrators.

 

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