Citing faults in current Massachusetts expulsion laws and a need to better serve troubled students, the Suffolk University Juvenile Justice Center held a forum yesterday to discuss what lawmakers can change to make the school system more effective.
“We have ‘No Child Left Behind,’ which leaves them behind, and many other laws that detract from the original purpose of school: to educate,” said Rep. James Fagan (D-Taunton). “[The expulsion law is] a tool to get kids who are dangerous, scary and rotten out.”
According to Massachusetts law, high school students who have been expelled cannot return to public schools in any district in the state. Once a student is arrested or charged with a felony, the school district automatically expels the student and is not required to consider re-enrolling the student.
Fagan said though a school district can reverse an expulsion once the student has been proven innocent, it can be hard to catch up if he or she has already been out of school for an extended period of time.
The expulsion laws compromise freedom for safety and “innocent until proven guilty” is not always the case, he said.
“I am proposing a little change in the law that says anytime a school district [expels a student under this law] they must provide the student with services until and unless his or her conviction,” Fagan said.
Worcester Juvenile Court Judge Luis Perez said he will normally release a student who has been expelled, but the student is banned from school while awaiting trial.
“I want them to understand that if I am releasing you that you have to behave under the bail statute,” Perez said.
Suffolk University educational attorney Isabel Raskin said she is concerned the expelled students are minorities, abused children or from broken homes and expulsion hurts rather than helps them.
She said legal nuances can affect whether a student stays in school or is kicked out. Technically, a weapon could be anything from a foot to a thrown muffin, Raskin said.
“Over 25 percent of expulsions are of kids [aged] 13 and younger,” said Raskin. “Expulsion is pushing kids out of school and putting them on the streets.”
Despite the drawbacks to the current system, Raskin said the schools have their students’ best interests at heart.
“It is not that schools are evil and want nothing to do with the children,” Raskin said. “They are merely worried about their schools.”