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Breaking noses cleared as non-actionable and permissible violence in Framingham Public Schools

- November 1, 2023 - Frank Wood

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“If you haven’t already, check out the slides for the code of conduct presentation to be given at school committee. Starting on p. 33, there’s definitions of assault and bodily injury – apparently you can break someone else’s nose and it’s not an assault. I guess it’s good to know the district will put in writing that they’re more interested in supporting the kids who hurt others over providing a safe environment for the rest, but these priorities are twisted.”

Submitted by ‘Anonymous’ 10/31/23, 9:33 PM

FU’s take – We concur, the school department, under the auspices of ‘discipline in changing landscapes’, is literally defining what assault is, and what serious bodily harm is, and what actions can be taken to hurt another student without rising to the level of defined and sanctionable ‘assault’.

In fact, language on student discipline rules, indicates, that suspensions and expulsions even for assault with ‘serious bodily harm’, should not be done until other mediations are tried. Some of these alternative approaches are mediation, conflict resolution, restorative justice, and collaborative problem solving. Until these alternative approaches are tried and thoroughly documented, nobody will be suspended or expelled – even if a child is seriously harmed by another.

A student can be removed in an emergency under state law “so long as the student represents a risk to others, the school, or would greatly impact the school by continuing to be present” but this holds true “only if the principal determines that no alternative exists to minimize the danger or impact on the school.” Such an emergency removal can only be for 2 days at a time.

Deeper in the text, you will learn that as long as weapons are not used, or if the student is in possession of controlled substance, and as long as the assault is on a student, and NOT a staff member, then assaults should not lead to serious punishments.

As a side note, and while it is not in the slides below, we learned that a student with an IEP or documented disability, will be even more difficult to suspend or expel, especially if they claim their actions is tied to their disability or IEP, such as if they claim they were acting out due to teasing or bullying .

Fuller Middle School has already started to not discipline students, and in the last 3 years the trends are clear. The school department contends that ‘it is not perfect’, and that not all the staff are on board.

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