Detention

Students who commit infractions of the discipline code of the classroom or the school may be assigned detention. Students who are assigned teacher detention stay for the teacher for a time and number of days designated by the teacher. Students who are assigned to office detention stay for a number of days determined by an administrator based upon the seriousness of the offense. Office detention is held after school on Tuesday & Thursday from 2:35 - 3:30 pm. A late bus is available on both of these days leaving DMS at 3:40 pm.  Students are given twenty-four hours notice before serving a detention, additionally parent/guardians will be notified via a phone call prior to the student serving the detention. Students may call parents prior to staying for detention.   Students who exceed the designated number of tardies during a quarter may be required to attend Saturday detention (See Attendance Policy - Tardiness to School).  Additionally, students who receive multiple detentions for behavioral infractions may also receive Saturday detention.

Suspension

Suspension means that a student is sent home or assigned in-school suspension for a specified period of time.  During an out-of-school suspension, the student is not allowed on school property and may not participate in any school activity.  During an in-school suspension, the student attends school, but reports to the main office, where daily work will be completed.  The student is not allowed to participate in classes or attend any school activity during an in-school suspension.  Students will be held accountable for all work assigned during the suspension period and may be allowed extra time to complete work during the suspension.  A parent conference must be held following out of school suspension before the student is readmitted to the regular school program.

The following breaches of discipline may be cause for a suspension from DMS:

In-School Suspension (less than 10 cumulative days during a school year) 

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 or guardian about the in-school suspension, including the reason and the length of the in-school suspension, and inviting the parent/guardian 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/guardian for school communications, or by other method of delivery agreed to by the administrator and the parent/guardian.  An in-school suspension of more than 10 cumulative days in a school year will be subject to the procedures for Procedures for Long-Term Suspension .

Out of School Suspensions (10 cumulative days or less in a school year)

Except in the case of an Emergency Removal as provided on page 25, 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/guardian  oral and written notice and an opportunity to participate in an informal hearing.

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: a) the disciplinary offense; b) the basis for the charge; c) the potential consequences, including the potential length of the student’s suspension; d) 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; e) the date, time, and location of the hearing; f) the right of the student and the student’s parent to interpreter services at the hearing if needed to participate; Written notice to the parent may be made by hand delivery, first-class mail, certified mail, email to an address provided by the parent/guardian for school communications, or any other method of delivery agreed to by the school and parent/guardian.

2. Efforts to involve parent/guardian. The administrator will make reasonable efforts to notify the parent/guardian of the opportunity to attend the hearing. To conduct a hearing without the parent/guardian present, the administrator must be able to document reasonable efforts to include the parent/guardian. 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/guardian 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/guardian 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. The parent or guardian shall be requested to attend a readmission conference with the principal or designee upon the student’s return to school. At the principal’s discretion, the conference may be held by telephone. Expectations for the student’s reentry to school shall be outlined at this conference.

Long-Term Suspension  

Except in the case of an Emergency Removal provided on page 24, 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-terms suspension in Section C above, plus the following: a) 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; b) the right to be represented by counsel or a lay person of the student’s choice, at the student’s/parent’s expense; c) 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; d) the right to cross-examine witnesses presented by the school district; e) 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 f) the right to appeal administrator’s decision to impose long-term suspension to the superintendent.

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/guardian by hand delivery, certified mail, first-class mail, email to an address provided by the parent/guardian for school communications, or any other method of delivery agreed to by the school and the parent/guardian.

   1. 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 consecutive days);

      5. Inform the student of the right to appeal the administrator’s decision to the superintendent 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: a) the process for appealing the decision, including that the student or parent must file a written notice of appeal with the superintendent 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 superintendent an extension of time for filing the written notice for up to seven (7) additional calendar days; and that b) the long-term suspension will remain in effect unless and until the superintendent 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.

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 superintendent 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 outlined in Procedures for Short-Term Suspension on Page 23 and Procedures for Long Term Suspension on Page 24, 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.

Appeal to Superintendent or his/her Designee

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 superintendent or his/her designee. In order to do so the student or parent must file a notice of appeal with the superintendent within five (5) calendar days with a seven (7) day postponement option. 

The superintendent 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 superintendent may deny the appeal, or may allow the appeal in his or her discretion, for good cause. The following apply:

1. The superintendent will make a good faith effort to include the parent/guardian in the hearing. The superintendent 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 superintendent to participate. The superintendent will send written notice to the parent of the date, time, and location of the hearing.

2. The superintendent 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 superintendent will arrange for an audio recording of the hearing, a copy of which will be provided to the student or parent upon request. The superintendent 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.

3. 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.

4. The superintendent 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 superintendent determines that the student committed the disciplinary offense, the superintendent 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 superintendent constitutes the final decision of the school district.