Superintendents Must Hear Disciplinary Appeals Under 37H

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On April 28, 2020, the Supreme Judicial Court of Massachusetts (SJC) issued a decision regarding the delegation of a superintendent’s statutory authority to hear a student’s appeal from a principal’s decision under M.G.L. c. 71, § 37H.

In Doe v. Worcester Public Schools, SJC-12827, a student in the Worcester Public Schools was suspended for 152 school days after a hearing before the principal pursuant to the district’s student disciplinary rules and M.G.L. c. 71, § 37H. The student appealed the principal’s decision pursuant to M.G.L. c. 71, § 37H. The school safety director, the superintendent’s designee, conducted the appeal hearing and reduced the suspension to 112 school days.

The plaintiff student brought a lawsuit against the district, arguing that the district violated M.G.L. c. 71, § 37H(d) by designating the school safety director to hear the student’s appeal of the principal’s decision. The plaintiff student argued that a disciplinary hearing pursuant to M.G.L. c. 71, § 37H must be held by the superintendent, not their designee.

In interpreting M.G.L. c. 71, § 37H, the SJC noted the statute is clear: “expelled students have a right to appeal to, and have a hearing before, the superintendent.” In comparison, the SJC examined M.G.L. c. 71, § 37H ¾ which explicitly permits a superintendent or a designee to hear an appeal of a principal’s decision. The SJC reasoned this statutory distinction “makes sense” because M.G.L c.71, § 37H may result in a permanent expulsion for serious offenses (i.e. assault on school staff, possession of a dangerous weapon, possession of a controlled substance), whereas discipline under M.G.L. c. 71, § 37H ¾ results from less serious offenses. The SJC held that granting students the ability to appeal directly to the superintendent when facing discipline for serious offenses under M.G.L. c. 71, § 37H provides these students greater procedural protections.

The Massachusetts Department of Elementary and Secondary Education had previously provided an interpretation of M.G.L. c. 71, § 37H that permitted districts to delegate the appeal duties. The SJC rejected this interpretation.

In summary:

  • Disciplinary appeals under M.G.L. c. 71, 37H (assault on school staff, possession of a dangerous weapon, possession of a controlled substance) should be heard directly by the superintendent.
  • Disciplinary appeals under M.G.L. c. 71, 37H ½ (felony complaint or conviction), while not addressed by this decision, contain the same statutory language as M.G.L. c. 71, § 37H, and should be heard directly by the superintendent.
  • Disciplinary appeals under M.G.L. c. 71, 37H ¾ may be heard by the superintendent, or a designee.

If you have questions or concerns about this issue, or about school law generally, please contact us.

This update is provided for informational purposes only and should not be considered legal advice.