Text of MA S 368 (2026)

1 of 1 SENATE DOCKET, NO. 997 FILED ON: 1/15/2025 SENATE . . . . . . . . . . . . . . No. 368 The Commonwealth of Massachusetts _________________ PRESENTED BY: Adam Gomez _________________ 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 adoption of the accompanying bill: An Act to reduce exclusionary discipline for grooming and dress code violations. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Adam Gomez Hampden Michael J. Barrett Third Middlesex 2/1/2025 Joanne M. Comerford Hampshire, Franklin and Worcester 2/4/2025 Jason M. Lewis Fifth Middlesex 2/4/2025 Sal N. DiDomenico Middlesex and Suffolk 2/20/2025 John F. Keenan Norfolk and Plymouth 2/27/2025 1 of 2 SENATE DOCKET, NO. 997 FILED ON: 1/15/2025 SENATE . . . . . . . . . . . . . . No. 368 By Mr. Gomez, a petition (accompanied by bill, Senate, No. 368) of Adam Gomez, Michael J. Barrett, Joanne M. Comerford, Jason M. Lewis and other members of the Senate for legislation to reduce exclusionary discipline for grooming and dress code violations. Education. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 290 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act to reduce exclusionary discipline for grooming and dress code violations. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 37H of Chapter 71 as appearing in the 2022 Official Edition is 2 hereby amended by inserting after subsection (g) the following:- 3 (h) Any rules related to student dress or grooming included in a school district or charter 4 school’s code of student conduct or otherwise adopted by the school district or charter school 5 shall (1) make no distinction, discrimination, or restriction on account of sex or gender identity 6 (2) not treat students differently or have a disparate impact on any student based on that student’s 7 race, national origin, religion, disability, age, sexual orientation, or gender identity (3) be clear, 8 specific, and objective in defining terms, if used; (4) prohibit any school district or charter school 9 employee from enforcing any rules related to student grooming and dress by direct physical 10 contact with a student or a student's attire; and (5) prohibit any school district or charter school 2 of 2 11 employee from requiring a student to undress in front of any other individual, including the 12 enforcing school district or charter school employee, to comply with the rules related to dress or 13 grooming. Nothing in this section shall limit the rights students are already permitted under 14 Chapter 71, Section 82 of 21 Massachusetts General Laws or any other state or federal laws 15 relating to a student’s right to freedom of expression. 16 SECTION 2. Section 37H ¾ of Chapter 71 as appearing in the 2022 Official Edition is 17 hereby amended by inserting as the last sentence of subsection (a) the following -: In addition to 18 any rights students may have, in no cases may a school district or charter school suspend a 19 student solely on the basis of an alleged violation of rules related to student dress and grooming, 20 provided however that a school district or charter school may require students to wear clothing of 21 a specific color, and provided further that nothing herein shall limit school districts or charter 22 school from taking action to prevent bullying of any student as defined in M.G.L Chapter 70, 23 section 370 or harassment of any student on account of race, color, sex, gender identity, religion, 24 national origin, or sexual orientation. 25 SECTION 3. The changes detailed in Sections 1 and 2 shall take effect 60 days after 26 passage of this act. 27 SECTION 4. The Department of Elementary and Secondary Education shall adopt, 28 promulgate, amend and rescind rules and regulations or formulate policies and recommendations 29 as necessary, including training, to effectuate the purpose of Sections 1 and 2.