Laws regarding school discipline and punishment vary from state to state; from school district to school district; and between public schools, private schools, and charter schools. School discipline and punishment laws are generally located in a state’s statutes (often in the Education Code) and further defined in a specific school’s policies and procedures. Federal laws may also apply in particular school discipline contexts. And state and federal criminal laws may apply to certain student conduct that occurs on school property or at school-sponsored events.
Exclusionary discipline is any type of school discipline that removes or excludes a student from their usual educational setting. Two of the most common exclusionary discipline actions are suspension and expulsion.
Corporal punishment is the use of physical force—usually paddling or spanking—to punish a student for misbehavior. Corporal punishment against students is legal in approximately 19 states but is controversial and the subject of proposed state and federal legislation to limit or prohibit its use.
In Massachusetts, school discipline and punishment are governed by state statutes, particularly within the Education Code, and are further detailed in the policies and procedures of individual school districts and schools. Public schools, private schools, and charter schools may have different regulations and policies. Federal laws, such as those protecting students with disabilities, also influence school discipline practices. In Massachusetts, exclusionary discipline actions like suspension and expulsion are regulated by state law, which requires due process and provides specific guidelines on the length and conditions of such disciplinary measures. For example, Massachusetts General Laws Chapter 71, Section 37H outlines the grounds for suspension and expulsion and the required procedures for implementing these disciplinary actions. Corporal punishment, on the other hand, is prohibited in Massachusetts public schools by state law. The state adheres to a policy that prohibits the use of physical force as a means of disciplining students. Additionally, certain student conduct on school property or at school-sponsored events may be subject to state and federal criminal laws.