Bill Text: MA S1729 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to child safety and information sharing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1729 Detail]
Download: Massachusetts-2009-S1729-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Michael R. Knapik
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to child safety and information sharing.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Mr. Brown |
Norfolk, Bristol and Middlesex |
|
Stephen L. DiNatale |
3rd Worcester |
|
Mr. Hedlund |
Plymouth and Norfolk |
|
Mr. Knapik |
Second Hampden and Hampshire |
|
Mr. Tarr |
First Essex and Middlesex |
|
Mr. Tisei |
Middlesex and Essex |
|
Todd M. Smola |
1st Hampden |
|
Cheryl A. Coakley-Rivera |
10th Hampden |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00940 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to child safety and information sharing.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 6 of the
General Laws is hereby amended by inserting after Section 172F the following
new section:-
Section 172G. Notwithstanding any provision of section one hundred seventy two
of this chapter, the district attorney or his designee shall have the authority
to share with the superintendent of any school district or his designee or
headmaster of any school or his designee criminal offender record information
of adjudications of youth for a violent or sexual offense, limited to specific
firearm offenses and felonies involving the infliction or threat of serious
bodily harm pursuant to the definition of youthful offender set forth in
Chapter 119 Section 52. Upon receipt of notification by the District Attorney,
the principal must provide written notice of and convene within seven calendar
days a meeting of the youth, the youth's caretakers, an advocate of the
family's choice, an interpreter where necessary, and relevant school personnel
who will meet to determine that the youth is in the proper school setting or to
locate alternative educational services for the youth. The student shall have
the right to appeal the placement to the superintendent. The student shall
notify the superintendent in writing of his request for an appeal no later than
five calendar days following the meeting. The superintendent shall hold a
hearing with the student and the student's parent or guardian within three
calendar days of the student's request for an appeal. At the hearing, the
student shall have the right to present oral and written testimony on his
behalf, and shall have the right to counsel. The superintendent shall have the
authority to overturn or alter the decision of the principal or headmaster. The
superintendent shall render a decision on the appeal within five calendar days
of the hearing. Such decision shall be the final decision of the city, town or
regional school district with regard to the student's placement. For the
purposes of this section “alternative educational services” shall consist of a
full time, age appropriate education that is the equivalent of the instruction
in a regular classroom. Subject to the provisions of chapter 71 Section 37H or
37 H ½ and any other state or federal law, this information shall not be used
to suspend, expel or deny future enrollment to a student. This information
shall not be disseminated for any purpose to non-school officials other than as
set forth herein and shall in no way impinge on state and federal privacy or
special education protections guaranteed students. Any dissemination or misuse
of this information for purposes not described in this section shall be subject
to a fine of $1000.
SECTION 2. Section 37H ½ of
chapter 71 of the 2004 Official Edition of the General Laws is hereby amended
by inserting in line 5 after the word “student,” the following:-
The clerk's office shall notify the superintendent and principal of any city,
town, or regional school district in which the student is enrolled, or for the
city or town in which the student resides, of the existence and nature of the
complaint.
SECTION 3. Section 37H ½ of
chapter 71 of the 2004 Official Edition of the General Laws is hereby amended
by striking the second paragraph of part (1) and inserting the following:-
The student shall have the right to appeal the suspension to the superintendent
and if the principal or headmaster of a school in which the student is enrolled
does not suspend the student, said principal or headmaster shall notify the
superintendent of his decision and the superintendent shall have the right to
suspend the student if the superintendent determines that the student's
continued presence in school would have a substantial detrimental effect on the
general welfare of the school. The student shall notify the superintendent in
writing of his request for an appeal no later than five calendar days following
the effective date of the suspension and the superintendent shall notify the
student in writing of his intention to review the principle or head master's
decision no later than five calendar days following the principal or
headmaster's decision. The superintendent shall hold a hearing with the student
and the student's parent or guardian within three calendar days of the
student's request for an appeal or superintendent's notification of his decision
to review the headmaster's decision. At the hearing, the student shall have the
right to present oral and written testimony on his behalf, and shall have the
right to counsel. The superintendent shall have the authority to overturn or
alter the decision of the principal or headmaster, including recommending an
alternate educational program for the student. The superintendent shall render
a decision on the appeal within five calendar days of the hearing. Such
decision shall be the final decision of the city, town or regional school
district with regard to the suspension.
SECTION 4. Section 37H ½ of
chapter 71 of the 2004 Official Edition of the General Laws is hereby amended
by inserting in line 32 after the word “delinquency,” the following:-
The clerk's office shall notify the superintendent and principal of any city,
town, or regional school district in which the student is enrolled, or for the
city or town in which the student resides, of the existence and nature of the
conviction, adjudication or admission.
SECTION 5. Section 37H ½ of
chapter 71 of the 2004 Official Edition of the General Laws is hereby amended
by striking the second paragraph of part (2) and inserting the
following:-
The student shall have the right to appeal the suspension to the superintendent
and if the principal or headmaster of a school in which the student is enrolled
does not expel the student, said principal or headmaster shall notify the
superintendent of his decision and the superintendent shall have the right to
expel the student if the superintendent determines that the student's continued
presence in school would have a substantial detrimental effect on the general
welfare of the school. The student shall notify the superintendent in writing
of his request for an appeal no later than five calendar days following the
effective date of the expulsion and the superintendent shall notify the student
in writing of his intention to review the principle or head master's decision
no later than five calendar days following the principal or headmaster's
decision. The superintendent shall hold a hearing with the student and the
student's parent or guardian within three calendar days of the student's
request for an appeal or superintendent's notification of his decision to
review the headmaster's decision. At the hearing, the student shall have the
right to present oral and written testimony on his behalf, and shall have the
right to counsel. The superintendent shall have the authority to overturn or
alter the decision of the principal or headmaster, including recommending an
alternate educational program for the student. The superintendent shall render
a decision on the appeal within five calendar days of the hearing. Such
decision shall be the final decision of the city, town or regional school
district with regard to the expulsion.
SECTION 6. Section 37L of chapter
71 of the General Laws is hereby amended by inserting at the end the following
new paragraph:-
Notwithstanding any provision of sections 168 to 175, inclusive of chapter 6 of
the General Laws, or any other general or special law to the contrary, the
superintendent of any public school district or private school within the
commonwealth from which a student is transferred or transfers, shall within 2
days school days of the request of the superintendent of any school district or
headmaster of any school within the commonwealth or any out-of state school
district to which a student is transferred or transfers, provide the following:
a complete school record of the student, including but not limited to any
documents or information related to the student's school disciplinary history,
school suspensions, expulsion or any incidents reports in which the student was
charged with any violation of school disciplinary policies or criminal acts,
any violation of criminal laws or any information obtained pursuant to section
172G of chapter 6 of the general laws. If the superintendent of any school
district or headmaster of any school receives criminal information of the type
described in section 172G of chapter 6 the superintendent or headmaster may
convene a meeting pursuant to the provisions of section 172G of chapter 6. Any
dissemination or misuse of this information for purposes not described in this
section shall be subject to a fine of $1000.
SECTION 7. Chapter 71 of the
General Laws is hereby amended by inserting after Section 89 the following new
section:-
Section 90. Local law enforcement officials may share any information
with a superintendent or his designee when a local law enforcement official is
aware of specific information regarding a student or students that would lead a
reasonable person to believe there is a substantial risk of serious physical
injury to a student, teacher or other employee of the school. The disclosure of
such information in no way imposes an obligation on the school to suspend,
expel or request the arrest of the youth in question.
All such comments must be entered into a log maintained by the school, which will note the name of the reporting officer, the name of the youth(s), and the date and time of the report, and the details of the consequences of the use of the information. A parent or guardian of a student that is named in this log shall be able to view the log entry for his child and update this entry with any new information, relevant to the specific information entered in the log. This log shall be confidential with viewing access limited to the student, his parent, his advocate, the principal and the superintendent. Any other dissemination of the information in this log shall be punishable by a fine of $1000. Nothing in this paragraph shall bar dissemination of information to an individual at risk as described in the first paragraph of this section.
