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BPS students vaping, assaulting teachers may be expelled, law says – Enterprise News


BROCKTON – In schools throughout the district, a small percentage of Brockton Public Schools students have been causing major issues ranging from theft and destruction of school property to verbally abusing staff. Many teachers in the district have said over the last five months that these students are rarely reprimanded for their behavior.

At West Middle School, first-year music and choir teacher Allison Russel said she was given bruises on the back of her legs from her students “whipping” drumsticks at her. At Arnone Elementary, a six-year-old student kicked school counselor Adriana Alicea and later bit special education teacher Athena Deltano, even though the student wasn’t in Deltano’s class.

At Brockton middle schools and Brockton High, students are vaping tobacco and smoking marijuana in bathrooms, stairwells, hallways and classrooms.

At a Brockton public forum with state legislators on Feb. 15, Brockton High teacher Melissa McLaughlin, who has taught for over 30 years, said she’d been “physically assaulted” by students six times this school year alone.

“Before COVID students were held to a much higher standard of student expectations than they are now and it’s doing a disservice to the students’ learning conditions,” McLaughlin said at a Nov. 14, 2023 Brockton School Committee meeting.

“I have never seen Brockton High in such disarray,” McLaughlin said.

Law: Districts to limit out-of-school suspension

Since November, teachers and staff have spoken out about the impacts of Massachusetts General Law Sec. 84 C. 37H – 3/4: a recent student discipline law nicknamed “Chapter 222” that limits schools’ ability to use out-of-school suspension.

The law states that before a student can be suspended outside of school, administrators must exhaust all “alternative remedies” and keep them inside the school building. These remedies can include mediation, conflict resolution, restorative justice and collaborative problem solving.

Karen Guzman, a math teacher a Brockton Virtual Learning Academy who used to teach in BHS, said that when Chapter 222 was first implemented in Nov. 2022, administrators told teachers they couldn’t file student behavior referrals anymore.

“We were told to suck it up,” said Guzman.

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Can students still be expelled?

Many Brockton teachers have said that Chapter 222 is tying the hands of teachers and administrators, who can’t suspend and remove students with “extreme behavioral problems” from school buildings.

“You thought that by ceasing suspension you were making a solution. You took away a consequence,” said BHS teacher Eleri Merrikin at the Feb. 15 meeting with state representatives. “I am at ground zero for the exact problem…what I can tell you is they need consequences.”

What the law says

But the legislation outlines particular cases where expulsion may still be used as an option for students who break certain rules.

According to Sec. 84 C. 37H – 3/4, the suspension ban doesn’t apply to some of the behavior staff has described. Bringing any tobacco or marijuana products onto school grounds can result in a student getting expelled, or if a student assaults a staff member, that student may be expelled.

An earlier subsection of the law, Sec. 84 C. 37H, states:

  • “(a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter 94C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.”
  • “(b) Any student who assaults a principal, assistant principal, teacher, teacher’s aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.”
  • “(c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal.”

Additionally, the law “prohibit[s] the use of any tobacco products within the school buildings, the school facilities or on the school grounds or on school buses by any individual, including school personnel.”

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Holding students accountable

Despite still having the option of expulsion, teachers and administrators across Brockton are struggling to keep up with the number of kids causing issues and many staff are feeling burnt out.

“A lot of Brockton teachers are feeling hopeless,” said Deltano. “I think we’re all looking for a life raft right now.”

Brockton High Principal Kevin McCaskill said at a School Committee meeting on March 5 that in-school suspension, which is allowed and encouraged under the new law, has been reinstated at the high school as of the week prior to February vacation. In-school suspension is where “alternative remedies” will be employed along with the new cell phone policy.

“I want to see change happen,” Alicea said. “We need physical, tangible change by the end of the school year.”

Staff reporter Christopher Butler can be reached at cbutler@enterprisenews.com



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