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Assistant Principals to Become Part of School Management Structures
SECTION 57. The second paragraph of section 41 of said chapter 71, as so appearing, is hereby amended by inserting at the end thereof the following sentence:-
For the purposes of this paragraph, the term "principal" shall refer to those individuals employed as principals or as assistant principals, provided however, that any assistant principal subject to a collective bargaining agreement on the effective date of this act, shall not be subject to the provisions of this sentence until the expiration of the said collective bargaining agreement or three years from the effective date of this act, whichever occurs sooner.
Dismissal of Teachers
SECTION 58. Section 42 of said chapter 71, as so appearing, is hereby amended by striking out in line 27 the word "just" and inserting in place thereof the following word:- good.
Educator Employment Review Commission
SECTION 59. Said section 42 of said chapter 71, as so appearing, is hereby further amended by striking out lines 28 through 67, inclusive, and inserting in place thereof the following two paragraphs:-
There is hereby established an educator employment review office within the department of education, but not subject to its control, which shall conduct hearings on the dismissal, suspension, and demotion of teachers, pursuant to sections 41, 42, and 42D of chapter 71, when such dismissals, suspensions, and demotions are challenged by the employee. The director of such office shall be appointed by the governor from applicants with experience in relevant areas of law. The decisions of the arbitrator shall not be subject to further review or approval by the board or the commissioner. The director shall appoint an arbitrator for each hearing.
The teacher and district may be represented by counsel, present evidence, and call witnesses before the arbitrator. The termination decision may be overturned only if the arbitrator determines that (a) patronage or other forms of discrimination prohibited by law caused the dismissal; (b) the teacher did not engage in the misconduct of which he was accused; (c) the principal did not follow the previously published procedures with regard to evaluations and dismissals; (d) the principal's performance standards were not reasonable; or (e) the standards were applied to the discharged teacher in a biased manner that imposed substantially more stringent requirements on this teacher than on other similarly situated teachers; provided, however, that the arbitrator shall not substitute his standards or judgments for those of the principal. The arbitrator's decision must be issued within one month from the date the arbitration is concluded and must contain a detailed statement of the reasons for the decision. The arbitrator's decision may be appealed to the superior court in the county in which the teacher was or is employed. The standard of review upon appeal shall be whether the arbitrator complied with the criteria set forth herein.
School Principal Management Duties
SECTION 60. Section 47A of said chapter 71, as so appearing, is hereby amended by striking out in line 1 the word "superintendent" and inserting in place thereof the following word:- principal.
School Based Funding
SECTION 61. Section 48 of said chapter 71, as so appearing, is hereby amended by striking out in lines 1 and 2 the words "subject to the direction of the superintendent".
Said section is hereby further amended by striking out in line 10 the words "adopted by the municipality" and inserting in place thereof the following words:- promulgated by the superintendent.
School Superintendent Management Duties
SECTION 62. Said chapter 71, as so appearing, is hereby further amended by striking out section 59 and inserting in place thereof the following section:-
Section 59. The school committee of a town not in a superintendency union or district shall employ a superintendent of schools and fix his compensation. A superintendent employed under this section or section 60 or 63 shall manage the system in a fashion consistent with state law and the policy determinations of that school committee. The superintendent may establish and appoint positions of assistant or associate superintendents, who shall report to the superintendent, and the superintendent shall fix the compensation paid to such assistant or associate superintendents. The school committee shall approve or disapprove the hiring of said positions. Such approval by the school committee of the recommendation shall not be unreasonably withheld; provided, however, that upon the request of the superintendent the school committee shall provide an explanation of disapproval.
School Principal Management Duties
SECTION 63. Said chapter 71, as so appearing, is hereby further amended by striking out section 59B and inserting in place thereof the following section:-
Section 59B. The superintendent of a school district shall appoint principals for each public school within the district at levels of compensation determined in accordance with policies established by the school committee. Principals employed under this section shall be the educational administrators and managers of their schools and shall supervise the operation and management of their schools and school property. Principals employed under this section shall be responsible for hiring all teachers, instructional or administrative aides, and other personnel assigned to the school, and for terminating all such personnel subject to the provisions of this chapter. Notwithstanding the provisions of chapter 150E, no principal shall be required to accept teachers as transfers from another school in the same district. The assignment or promotion of teachers shall be deemed to be a managerial prerogative within the exclusive control of the school department. Any provision in any collective bargaining agreement that in any way attempts to limit the assignment or promotion of teachers shall be null and void and a violation of public policy after any such collective bargaining agreement in existence on the effective date of this section expires, provided that for the purposes of this section the expiration of a collective bargaining agreement shall be a date not later than three years from the commencement date of said agreement, notwithstanding the provisions of any general or special law or agreement to the contrary. This section shall not prevent one person from serving as the principal of two or more elementary schools or the use of teaching principals in such schools.
It shall be the responsibility of the principal in consultation with professional staff of the building to promote participatory decision making among all professional staff for the purpose of developing educational policy.
The school superintendent of a city or town or regional school district including vocational technical schools, also may appoint administrators or other personnel not assigned to particular schools, at levels of compensation determined in accordance with policies established by the school committee.
School Based Funding
SECTION 64. Section 59C of said chapter 71, as so appearing, is hereby amended by inserting after the fourth paragraph the following paragraph:-
The department of education shall transmit annually to the principal of every school the amount of money by category which each school shall receive for the following allotments as calculated by the formula established by chapter 70: the books and equipment allotment, the professional development allotment, the extraordinary maintenance allotment, and the expanded program allotment. The principal shall have the authority to spend these funds for the purposes intended by chapter 70 and consistent with the educational goals established by the school council. The funds shall be expended in concert with guidelines established by the superintendent; any expenditure of funds for books and equipment shall be undertaken in coordination with the curriculum established by the district and the standards for student performance established by the board pursuant to section 1D of chapter 69. The principal also shall have the authority to allocate funds back to the district if certain needs are not present in a school.
School Reconstitution
SECTION 65. Said chapter 71, as so appearing, is hereby further amended by inserting after section 59D the following section:-
Section 59E. (a) A school committee may establish standards for school performance which are at least as rigorous as the standards for school performance established by the board of education, pursuant to sections 1B and 1J of chapter 69.
(b) Acting according to said standards established by the school committee, a superintendent may declare a school to be under-performing. Upon such a finding, the superintendent shall reconstitute the school.
(c) Notwithstanding the provisions of any general or special law to the contrary, the superintendent may:
(1) dismiss the principal and hire a new principal for the school. A principal of a reconstituted school shall have such extraordinary powers, including the power to dismiss any teacher or other employee assigned to the school without regard to the procedures set forth under sections 41 and 42 or the provisions of any collective bargaining agreement. The standard for dismissal of any employee so dismissed shall be for cause. The staff may seek re-employment in the reconstituted school, provided, however, that the happenstance of prior service shall not be used as the sole criterion for re-employment. Such dismissed teachers shall otherwise retain such rights as may be provided under law or any applicable collective bargaining agreement, provided that such collective bargaining agreement does not conflict with the provisions of this section and that such teachers shall not have the right to displace any teacher in any other school; or
(2) dismiss all of the staff and declare the school to be a Horace Mann charter school with the personnel to be hired by the school's board of trustees. Any such school established under the provisions of this section shall not count as part of any cap or limit on the number of charter schools imposed by the board of education pursuant to section 89; or
(3) dismiss the principal and contract with an education management entity to provide for the management of the school. Such management entity shall have the same authority as a principal to retain or dismiss staff as defined in clause (1) herein.
Increase Charter School Cap
SECTION 66. Section 89 of said chapter 71, as so appearing, is hereby amended by striking out subsection (i) and inserting in place thereof the following subsection:-
(i) The board of education shall make final determination on granting charter school status and may condition charters on the applicant's taking certain actions or maintaining certain conditions. Not more than 120 charter schools shall be allowed to operate in the commonwealth at any time. In any fiscal year, no public school district's total charter school tuition payment to commonwealth charter schools shall exceed 9 per cent of said district's net school spending. Of the total number of charter schools in the state, 48 shall be reserved for Horace Mann charter schools and 72 shall be reserved for commonwealth charter schools; provided, however, that in the event that fewer than 34 Horace Mann charter schools are operating on December 1, 2002, the difference between 34 and the number actually operating shall be made available for commonwealth charter schools rather than Horace Mann charter schools. Under no circumstances shall the total number of students attending commonwealth charter schools exceed 4 per cent of the total number of students attending public schools in the commonwealth. In approving new charters in any year, the board may give priority to proposals for schools located in low performing districts or schools based upon, but not limited to, such indicators as scores on statewide assessments and drop out rates. The board may also give priority to schools that have demonstrated broad community support, an innovative education plan, and a demonstrated commitment to assisting the district in which it is located in bringing about educational change.
Charter Schools
SECTION 67. Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out subsection (mm).
Charter School Reimbursement
SECTION 68. Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out subsection (oo) and inserting in place thereof the following subsection:-
(oo) Beginning in fiscal year 2001, any district whose total charter school tuition amount is greater than its total charter school tuition amount for the previous year shall be reimbursed by the commonwealth in accordance with this paragraph and subject to appropriation; provided, however, that no funds for said reimbursements shall be deducted from funds distributed pursuant to chapter 70. The reimbursement amount shall be equal to 50 per cent of the increase in the year in which the increase occurs.
Sanctuary for Students to Leave Under-Performing Schools
SECTION 69. Chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after section 12C the following section:-
Section 12D. Any student who attends a school which has been determined by the board of education or the superintendent of a district to be under-performing may seek educational sanctuary in another school within the district, if available, or in another school district. The parents, guardians, or persons acting as guardians of such a student shall apply for sanctuary in writing to the principal of the school. The commissioner of education shall make a determination as to whether there is space available for the student in the school. If there is space available, the student's request for sanctuary shall not be denied by the principal, provided, however, that the student's record is devoid of suspensions or expulsions. The cost for the student shall be the same as provided under paragraph (f) of section 12B. The transportation to the school providing sanctuary shall be provided in the same manner as in section 12B.
Division of Registration Name Change
SECTION 70. Section 1 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out in line 1 the words "of registration".
Said section is hereby further amended by striking out in line 3 the words "division of registration" and inserting in place thereof the following words:- division of professional licensure.
Division of Registration Name Change
SECTION 71. Section 61 of said chapter 112, as so appearing, is hereby amended by striking out in line 3 the words "division of registration" and inserting in place thereof the following words:- division of professional licensure.
Division of Registration Name Change
SECTION 72. Section 201 of said chapter 112, as most recently amended by chapter 146 of the acts of 1999, is hereby further amended by striking out in the fifth clause the words "division of registration" and inserting in place thereof the following words:- division of professional licensure.
Annuity Payments - Un-remarried Spouses
SECTION 73. Section 6B of chapter 115 of the General Laws, as amended by section 119 of chapter 127 of the acts of 1999, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
The parents and un-remarried spouse of a deceased member of the armed forces of the United States, whose death occurred as a result of injury sustained or disease contracted during active service in time of war, insurrection, or combat shall be paid the sum of $1,500 annually in two equal payments on August 1 and February 1. Such payments shall be due and payable from the date of said parents' and said spouse's applications.
DMA's Lien on Accident and Injury Recoveries
SECTION 74. Section 22 of chapter 118E of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting in lines 11, 12, and 18 after the word "claimant" each time it appears the following words:- or the claimant's heirs, estate, or legal representative.
Third Party Payment of MassHealth Claims
SECTION 75. Said section 22 of said chapter 118E of the General Laws, as so appearing, is hereby further amended by inserting in line 52 after the word "party" the following sentence:- No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.
Third Party Payment of MassHealth Claims
SECTION 76. Section 23 of said chapter 118E, as most recently amended by section 129 of chapter 127 of the acts of 1999, is hereby further amended by inserting at the end of the first paragraph the following sentence:- No health care insurer shall require written authorization from the recipient before honoring the division's rights under this section.
Eliminating Conflict in Provider Fraud Exclusion Provisions
SECTION 77. Said chapter 118E, as appearing in the 1998 Official Edition, is hereby further amended by striking out section 46A and inserting in place thereof the following section:-
Section 46A. Any provider making a claim for payment under any medical assistance program administered by the division, which is not submitted in compliance with the billing policies and procedures of said program, shall not be considered in violation of sections 39 to 46, inclusive, upon submission of proof, to the satisfaction of the commissioner, that the submission of the claim was due solely to a clerical or administrative error.
Federal Certification of the Prison Industries Program
SECTION 78. Section 51 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting in line 7 after the word "prisoners" the following words:- , except for those prisoners engaged in a prison industries enhancement program business established pursuant to the provisions of section 51A.
Federal Certification of the Prison Industries Program
SECTION 79. Said chapter 127, as so appearing, is hereby further amended by inserting after section 51 the following three sections:-
Section 51A. The commissioner may, consistent with the provisions of 18 USC 1761 (c), as amended by the Federal Justice Assistance Act of 1984 (P.L. 101-647), contract with private entities to: (1) employ inmates, who voluntarily elect to be so employed and who signify election by signing a statement provided to said inmate by said commissioner or his designee; (2) invest in prison-based businesses owned by the commonwealth; (3) purchase goods and services from prison-based businesses; (4) manage prison-based businesses owned by the commonwealth; and/or (5) establish prison-based businesses. Participation by any inmate in any of these businesses shall be voluntary, as evidenced by a statement signed by the inmate, and the inmate shall have agreed in writing, in advance, to the deductions from his wages and all other related financial arrangements.
Section 51B. Wages paid to an inmate in consideration of employment within a prison industries enhancement program business established pursuant to the provisions of this section and section 51A shall be paid at a rate which is not less than that paid for work of a similar nature in the locality in which the work is performed. Any private contracting entity owning or operating such business shall deduct and disburse from an inmate's wages, federal, state, and local taxes, which shall be sufficient to qualify said business under the eligibility requirements set forth in 18 USC 1761 (c) as amended by the Federal Justice Assistance Act of 1984 (P.L. 101-647). The commissioner of the department of correction shall deduct such taxes on an inmate's wages in all other programs established pursuant to section 51A, and shall for all programs established pursuant to section 51A deduct an amount equal to 20 per cent of said inmate's gross wages to satisfy victim and witness assessments as ordered by the courts pursuant to section 8 of chapter 258B and determine further deductions from an inmate's wages for reasonable charges for room and board in amounts determined by the commissioner. The total of all said deductions shall not, in the aggregate, exceed 80 per cent of an inmate's gross wages as provided in 18 USC 1761 (c), as amended. After all of said deductions, the remainder shall be allocated by the commissioner for purchases within the institution by the inmate and for deposit, by the commissioner, into an interest-bearing account, in a state-chartered bank approved by the state treasurer and paid to the inmate upon release from incarceration with the accrued interest in such installments and at such times as may be prescribed by the applicable rules and regulations or as the commissioner shall designate.
Inmates engaged in employment within a prison industries enhancement program business established pursuant to the provisions of this section and section 51A shall not be deemed employees of the commonwealth; provided however, that no inmate employed in any business pursuant to section 51A and designated by the Federal Bureau of Justice Assistance under 18 USC 1761 (c) as amended, shall be deprived of the right to participate in benefits mandated by the commonwealth or federal government to other individuals on the basis of their employment, except that such inmates shall not be qualified to receive any payments for unemployment compensation or any other unauthorized absence from the institution, while involved in the program, notwithstanding any other provisions of the law to the contrary.
Section 51C. There shall be established an advisory commission, to be known as the prison industries enhancement advisory commission, to provide advice to the commissioner of correction prior to the initiation of any prison industries project. Said commission shall consist of eight members, including the commissioner of correction, who shall serve as chair, and seven others to be appointed by the governor who shall serve staggered terms not to exceed four years. Said appointed members shall include: one representative of the State Labor Council/AFL-CIO, one representative of the Associated Industries of Massachusetts, one representative of the Massachusetts Bar Association, one representative of the Criminal Justice Policy Coalition, one representative of the Massachusetts Housing and Shelter Alliance, one representative of the manufacturing industry, and one member of the general public.
Said advisory board shall meet not less than two times per calendar year and at such other times as the chair deems necessary. Each proposed new prison industries enhancement program shall be reviewed by said advisory commission to ensure compliance with all applicable state and federal laws, rules and regulations. The commissioner of correction shall render a final decision on the recommendations of the advisory commission.
Any joint venture entered into with a private sector entity shall require the prior approval of the commissioner of correction and of said advisory commission by vote of a simple majority; provided, however, that no such vote shall be valid unless a quorum, consisting of not less than five members, is present.
Parole Board Hearing Requirements
SECTION 80. Section 133A of said chapter 127, as so appearing, is hereby amended by inserting in line 7 after the word "membership" the following words:- unless a member of the board is determined to be unavailable as provided in this section. For the purposes of this section, the term unavailable shall mean that a board member has a conflict of interest to the extent that he or she cannot render a fair and impartial decision or that the appearance of a board member would be unduly burdensome because of illness, incapacitation, or other circumstance. Whether a member is unavailable for the purposes of this section shall be determined by the chair. Board members must appear unless said chair deems them to be unavailable. Under no circumstances shall a parole hearing proceed pursuant to this section unless a majority of the board is present at the public hearing. Unless a board member is unavailable due to a conflict of interest, any board member who was not present at the public hearing shall review the record of the public hearing and shall vote in the matter.
School District Managerial Rights
SECTION 81. Section 6 of chapter 150E of the General Laws, as so appearing, is hereby amended in line 8 by inserting after the word "concession;" the following words:- provided, however, that, in the case of such teaching personnel, the employer shall not be required to negotiate with the exclusive representative with respect to the managerial rights of the superintendent and building principals of the system, which managerial rights shall include, but shall not be limited to, the following subjects: (a) determining curriculum and prescribing textbooks and other teaching aids, methods, and materials, (b) establishing the length of the school day, the days on which school will be held, and the scheduling of time within the school day, provided, that any extension of the total hours worked shall be subject to collective bargaining, (c) establishing performance standards for teachers and conducting performance-based evaluations based on those standards, (d) allowing a school principal or evaluating supervisor to approve or disapprove the professional development choices of a teacher or administrator based on the results of the evaluation, and (e) determining the qualifications of teachers and assigning them on the basis of said qualifications; and.
Federal Certification of the Prison Industries Program
SECTION 82. Section 74 of chapter 152 of the General Laws, as so appearing, is hereby amended by inserting in line 9 after the word "twenty-seven" the following words:- ; provided, however, that said section shall apply to those inmates performing labor for and engaged in a prison industries enhancement program business established pursuant to the provisions of sections 51A and 51B of chapter 127.
Addition of Four Appeals Court Associate Justices
SECTION 83. Section 1 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out in line 3 the word "thirteen" and inserting in place thereof the following word:- seventeen.
Search and Rescue Liability
SECTION 84. Chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after section 85Z the following section:-
Section 85AA. No person duly registered by the department of state police as a search and rescue volunteer who renders assistance in a search and rescue operation under the direct control and instruction of the department of state police and no other person who volunteers in a search and rescue operation and renders assistance, supervised by and under the direct control and instruction of the department of state police, shall be liable in any suit for damages as a result of any acts or omissions committed by said person in the course of a search for a missing person, if said person acts in compliance with the Massachusetts state police search and rescue plan, unless such acts or omissions constitute willful, wanton, or reckless conduct.
Technical Correction to the Mosquito and Greenhead Fly Control Fund
SECTION 85. Section 5A of chapter 252 of the General Laws, as so appearing, is hereby amended by striking out in line 19 the word "appropriated" and inserting in place thereof the following words:- determined by the board to be necessary.
Said section is hereby further amended by inserting at the end thereof the following four sentences:- Notwithstanding the provisions of any general or special law to the contrary, expenditures and other financial uses charged to said fund shall not be subject to appropriation, and shall include salaries and other costs of state employees, operational expenses, acquisition of capital equipment and property, and other expenses deemed necessary to the state reclamation board's successful operation as determined by the director of said board. Revenue and other financial sources credited to said fund shall include funds made available pursuant to this chapter, and interest income from investments made by the treasurer on behalf of the fund. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, notwithstanding the provisions of any general or special law to the contrary, the board may incur expenses and the comptroller may certify for payment amounts in anticipation of receipts. The board shall annually certify to the comptroller that expenditures for the fiscal year do not exceed related assessments.
Transfer of the Victims of Crime Compensation Account to the Attorney General
SECTION 86. Paragraph (a) of section 7 of chapter 258C of the General Laws, as so appearing, is hereby amended by striking out in line 5 the word "treasurer"
and inserting in place thereof the following words:- department of the attorney general.
Transfer of the Victims of Crime Compensation Account to the Attorney General
SECTION 87. Paragraph (b) of said section 7 of said chapter 258C, as so appearing, is hereby amended by striking out in lines 10 and 11 the word "treasurer" each time it appears and inserting in place thereof, in each instance, the following words:- department of the attorney general.
Transfer of the Victims of Crime Compensation Account to the Attorney General
SECTION 88. Paragraph (e) of section 9 of said chapter 258C, as so appearing, is hereby amended by striking out in lines 25 and 26 the words "state treasurer" each time they appear and inserting in place thereof, in each instance, the following words:- department of the attorney general.
Repeal of Existing School Building Assistance Program
SECTION 89. Chapter 645 of the acts of 1948, as amended, is hereby repealed.
Amendment of State College Building Authority Act
SECTION 90. Section 1 of chapter 703 of the acts of 1963, as amended, is hereby further amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-
(a) "Authority", the Massachusetts School Building Authority, created by section two of this act or, if such Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by this act to the Authority shall be given.
Amendment of State College Building Authority Act
SECTION 91. The first paragraph of section 2 of said chapter 703, as amended, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- There is hereby created and placed in the executive office for administration and finance a body politic and corporate to be known as the Massachusetts School Building Authority, which shall not be subject to the supervision or regulation of the executive office for administration and finance or of any commission, board, bureau, or agency of the commonwealth except to the extent and in the manner provided in this act.
Definition of Consolidated Fund Balance
SECTION 92. Section 8A of chapter 231 of the acts of 1994, as most recently amended by section 263 of chapter 194 of the acts of 1998, is hereby further amended by striking out the words "July 1, 2000" and inserting in place thereof the following words:- July 1, 2002.
Welfare Reform - Extension Eligibility Conditions
SECTION 93. Subsection (f) of section 110 of chapter 5 of the acts of 1995, as most recently amended by section 155 of chapter 43 of the acts of 1997, is hereby further amended by inserting after the fourth paragraph the following paragraph:-
Notwithstanding the provisions of any general or special law to the contrary, the department may require that any person who has been granted an extension of benefits engage in a combination, as determined by the department, of up to 35 hours per week of work as set forth in subsection (j), job search activities, or any other activity that the department determines is likely to result in a job placement prior to the expiration of the extension of benefits. In addition, the department shall disregard from the earned income of any such person granted an extension of benefits only amounts established under the regulations of the department for work-related expenses and dependent care, but not the additional disregards specified in subsection (d) and subsection (g).
End Work-Requirement Exemption for TAFDC Recipients with Youngest Child Aged 2 to 5
SECTION 94. Subsection (h) of said section 110 of said chapter 5 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Recipients not qualifying as exempt under the provisions of subsection (e) shall participate in the work program established by subsection (j).
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