High School Student Detention Laws: A Comprehensive Overview

High school student detention laws play a crucial role in maintaining order and discipline within educational institutions. These laws, regulations, and policies dictate the permissible disciplinary actions that schools can take in response to student misconduct. Understanding these regulations is essential for students, parents, educators, and administrators alike. This article aims to provide a comprehensive overview of high school student detention laws, drawing upon various sources and legal precedents.

Legal Framework and Regulations

The legal framework governing student discipline varies by state and locality. In Massachusetts, several key statutes and regulations outline the rights and responsibilities of schools and students in disciplinary matters.

Massachusetts General Laws (MGL)

MGL c. 69, § 1N Alternative education grant program: This program supports the development and establishment of alternative education programs and services for students who have been suspended or expelled from school.
MGL c. 71, § 37G Corporal punishment of pupils prohibited; use of physical restraint; regulations: This statute prohibits teachers and school employees from hitting a student. However, it allows for the use of "such reasonable force as is necessary to protect pupils, other persons, and themselves from an assault by a pupil."
MGL c. 71, § 37H Policies relative to conduct of teachers or students; student handbooks: Schools are required to have policies regarding student discipline, and students must receive a handbook that explains the rules. This section also specifies that a student who brings a weapon or drugs to school, or assaults a staff member, may be expelled.
MGL c. 71, § 37H ½ Felony complaint or conviction of student; suspension; expulsion; right to appeal: This law states that a student charged with a felony may be suspended, and if convicted of a felony, they may be expelled. The student has the right to appeal the decision.
MGL c. 71, § 37H ¾ Rules for schools to follow if they suspend or expel a student for any other reason, and use of alternative remedies other than suspension or expulsion: This section outlines the procedures schools must follow when suspending or expelling a student for reasons other than those specified in MGL c. 71, § 37H and 37H ½. It also emphasizes the use of alternative remedies to suspension or expulsion.

Code of Massachusetts Regulations (CMR)

603 CMR 53 Student discipline: This regulation provides detailed rules that schools must follow when suspending or expelling a student. It includes provisions for appeals and hearings in sections 53.06, 53.08, and 53.09.

Types of Disciplinary Actions

Schools have a range of disciplinary actions available to address student misconduct. These actions vary in severity and impact, and schools are generally expected to use a progressive discipline approach, starting with less severe measures before resorting to more serious consequences.

In-School Suspension

In-school suspension involves removing a student from regular classroom activities but not from the school premises. According to M.G.L. c. 53.10, this type of suspension should not exceed ten consecutive school days, or ten school days cumulatively for multiple infractions during the school year. Removal solely from participation in extracurricular activities or school-sponsored events does not count as removal in calculating school days. During in-school suspension, students should have the opportunity to make up assignments and continue their academic progress.

Short-Term Suspension

Short-term suspension involves removing a student from the school premises and regular classroom activities for ten consecutive school days or less. A principal may, at their discretion, allow a student to serve a short-term suspension in school.

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Long-Term Suspension

Long-term suspension involves removing a student from the school premises and regular classroom activities for more than ten consecutive school days, or for more than ten school days cumulatively for multiple disciplinary offenses in any school year. Except for students who are charged with a disciplinary offense set forth in M.G.L. c. 71, § 37H(a) or (b), or M.G.L. c. 71, § 37H ½, no student may be placed on long-term suspension for one or more disciplinary offenses for more than 90 school days in a school year beginning with the first day that the student is removed from school. A principal may, in his or her discretion, allow a student to serve a long-term suspension in school. Removal solely from participation in extracurricular activities or school-sponsored events, or both, shall not count as removal in calculating school days.

Expulsion

Expulsion is the most severe disciplinary action, involving the removal of a student from the school premises, regular classroom activities, and school activities for more than 90 school days, indefinitely, or permanently, as permitted under M.G.L. c.

Emergency Removal

Principals have the authority to remove a student from school temporarily when the student is charged with a disciplinary offense and their continued presence poses a danger to persons or property, or materially and substantially disrupts the order of the school. This emergency removal is permissible if, in the principal's judgment, there is no alternative available to alleviate the danger or disruption.

Due Process Rights

Students facing suspension or expulsion have certain due process rights to ensure fair treatment. These rights are outlined in MGL c. 71, § 37H ¾ and 603 CMR 53.00.

Notice

Students and their parents must be provided with oral and written notice of the suspension and the reasons for it. The notice must be in English and in the primary language of the home if other than English, or other means of communication where appropriate.

Hearing

Students have the right to a hearing before a principal or superintendent to dispute the charges against them and present their side of the story. The purpose of the hearing is to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. The student also shall have an opportunity to present information, including mitigating facts, that the principal should consider in determining whether other remedies and consequences may be appropriate as set forth in 603 CMR 53.05.

Appeal

If a student is long-term suspended, they have the right to appeal the principal's decision to the superintendent or designee. The superintendent shall conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence shall be.

Alternative Remedies

In every case of student misconduct for which suspension may be imposed, a principal, headmaster, superintendent or other person acting as a decision-maker at a student meeting or hearing shall first consider ways to re-engage the student in learning and shall not use suspension from school as a consequence until alternative remedies have been tried and documented, except as follows: (1) where said decision-maker documents specific reasons why alternative remedies are unsuitable or counterproductive; or (2) where the student's continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury or other serious harm to another person while in school.

Discipline and Students with Disabilities

Students with disabilities have additional protections under the law when facing disciplinary action. The Children's Law Center provides resources explaining the unique legal requirements for disciplining special needs students.

Off-Campus Speech

The extent to which schools can regulate off-campus student speech has been a subject of legal debate. The Supreme Court case of Mahanoy Area School District v. B. L. (2021) addressed this issue, finding that while public schools may have a special interest in regulating some off-campus student speech, the special interests of the school are not sufficient to overcome a student’s interest in free expression in certain cases.

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Data Collection and Reporting

School districts are required to collect and annually report data to the Department of Elementary and Secondary Education regarding in-school suspensions, short- and long-term suspensions, expulsions, emergency removals, access to education services, and other relevant information. The principal of each school must periodically review discipline data by selected student populations, including but not limited to race and ethnicity, gender, socioeconomic status, English language learner status, and student with a disability status.

The Department publishes an annual analysis and report of student discipline data disaggregated by district and school, and by selected student populations. The Department also identifies schools that need assistance to reduce over-reliance on long-term suspension or expulsion as a consequence for student misconduct.

Case Study: Marcelo Gomes da Silva

The case of Marcelo Gomes da Silva, a high school student arrested by ICE, highlights the intersection of immigration issues and student rights. Gomes, an immigrant who came to the U.S. legally as a child, was invited to the State of the Union address by Rep. Seth Moulton. However, the Department of Homeland Security targeted Gomes on social media, calling him "an illegal alien" and stating their commitment to his removal. This incident underscores the challenges faced by immigrant students and the importance of advocating for their rights.

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