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Budget Recommendations
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Education - Related Outside Sections Detail
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| Department of Education |
| Department of Education |
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Ed Reform #1
SECTION 12.
Section 55A of chapter 15 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking in lines 1 and 2, the words "educational quality" and replacing it with "district management"
and is further amended in line 3, by striking the words "but not subject to its control" and is further amended by striking in line 4, the words "provide an independent mechanism to verify the efforts of schools and" and replacing it with "verify the management efforts of"
and is further amended by striking lines 7 through 45, inclusive, and is further amended by striking in line 46, the word "council" and replacing it with the word "department" and is further amended by striking in line 54, the words "chairman of the council" and replacing it with the word "department"
and is further amended by striking lines 57 through 79, inclusive and replacing it with the following:-
The office shall have the following duties: (1) verify the accuracy of district reports by conducting or contracting for periodic program and fiscal audits, as necessary; (2) undertake diagnostic inspections of districts with turnaround schools to evaluate management practices and make recommendations to those school districts; and (3) provide reports on best district management practices and make recommendations to improve district management practices statewide to the governor, the board, and the General Court. The department will coordinate the office's audits, reports, and inspections with the department's other activities to minimize duplication.
and is further amended by striking in lines 86, 90, and 94 the word "council" and replace it with the word "department" and is further amended by striking in line 90, the word "its" and replace it with the words "the office's" and is further amended by striking line 96 and replacing it with "before October 1 of each year"
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Municipal GIC
SECTION 30.
Chapter 32B of the General Laws, as so appearing, is hereby amended by adding the following:-
Section 3B. (a) Upon acceptance of this section as hereinafter provided, a governmental unit shall establish and maintain a committee, known as the group insurance committee. Said committee will be comprised of 7 members as follows: 4 persons to be appointed by the appropriate public authority, 2 persons to be elected by organizations of the governmental unit's employees, and 1 person who shall be a retiree of the governmental unit and who shall be appointed to membership on such committee by the appropriate public authority. Four members of the committee shall constitute a quorum. The committee may act upon a majority vote of a quorum at any meeting held in conformity with section 23B of chapter 39.
(b) The group insurance committee shall have plenary authority to require changes in the design of any and all group general or blanket hospital, surgical, medical, dental and other health insurance plans, including the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12; provided however that this authority shall not include adjustments to the municipality and employee premium contributions. The plan design changes that may be required may include, but not be limited to, changes to co-pay amounts and deductibles. Such changes as the group insurance committee requires shall be (1) effective as of the date voted by the committee, (2) not subject to any amendments by the appropriate public authority and (3) shall not be subject to collective bargaining pursuant to Chapter 150E.
(c)This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by a majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the mayor; in a town, by vote of the town meeting or town council; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting.
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Ed Reform #2
SECTION 35.
Section 1A of chapter 69 of the General Laws, as so appearing, is hereby amended by striking lines 87 though 94, inclusive and replacing it with the following:-
The commissioner shall supervise the receiver of a school district declared to be chronically under-performing under section 1K and provide technical assistance. The commissioner shall also provide technical assistance to a school deemed to be in turnaround status or reconstituted status under section 1J.
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Ed Reform #3
SECTION 36.
Section 1B of said chapter 69, as so appearing, is hereby amended by striking lines 49 through 51, inclusive.
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Ed Reform #4
SECTION 37.
Section 1J of said chapter 69, as so appearing, is hereby struck in its entirety and replaced with the following:
Section 1J. (a) The board shall deem a school a turnaround school:
(1) If on or after September 1, 2006, for a period of three or more consecutive years, the school has failed to achieve adequate yearly progress in the aggregate in either English language arts or math or both, as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001;
(2) if on or after January 1, 2006, the school was categorized as under-performing or chronically under-performing by the board; or
(3) if on or after January 1, 2006, the school was categorized as in corrective action or in restructuring as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001;
(b) Notwithstanding any general or special law to the contrary, upon the board's notification to the school district that a school is in turnaround status the superintendent of schools shall have the authority to:
(1) remove the principal;
(2) reassign principals, teachers and staff within and among schools and district-based positions;
(3) authorize principals to dismiss a teacher with professional teacher status for good cause, provided that the teacher has received five school days written notice of the decision to terminate. The teacher with professional teacher status may seek review of a termination decision within five school days after receiving notice of his termination by filing a petition for expedited arbitration with the commissioner. An arbitrator shall be selected according to the procedures set forth in section 42 of chapter 71. In reviewing dismissal decisions, the arbitrator shall consider the principal's plan for improving the turnaround school and the qualities of the teachers needed to implement his plan. The arbitrator's decision shall be issued within ten school days from the completion of the hearing.
(4) increase the salary of or award bonuses to any principal or teacher assigned to the school.
(5) authorize the principal to require a teacher to pass a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents and a math section which shall demonstrate numeracy skills necessary for effective instruction; and (B) the subject matter knowledge for the certificate. If necessary the principal may require training.
(c) Notwithstanding section (a) a school district may petition the board of education to deem a school in their district a turnaround school. The board shall adopt regulations defining the minimum requirements when a school or school district has failed to improve the educational program provided to students served by the school or district and therefore eligible to be deemed in turnaround status.
(d) If for a period of two or more consecutive years, the turnaround school fails to achieve adequate yearly progress in the aggregate in English language arts or math or both, the board shall declare the school to be in reconstituted status. Upon such determination the turnaround school shall be reconstituted and the board shall issue a request for proposals to reconstitute under third party management. The school may reopen as a reconstituted charter school or the school may reopen under a performance contract between the board and a third party pursuant to regulations promulgated by the board.
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Ed Reform #5
SECTION 38.
Section 1K of said chapter 69, as so appearing, is hereby amended by striking lines 1 through 6, and replacing it with the following:-
Upon a finding by the board that 60 per cent of the students in a school district are in schools that are in turnaround status pursuant to section 1J of this chapter, the board
and said section is further amended by striking lines 31 and 32 and replacing it with the following:-
If after the imposition under this section or section 1J of this chapter, a school achieves adequate yearly progress for two years, in the aggregate in both English language arts and math as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001, or a school district has less than 40 per cent of its students in schools that are in turnaround status,
and said section is further amended by striking in lines 35 and 36 the words " or school district is no longer chronically under-performing" and replacing it with "should no longer be in turnaround status"
and said section is further amended by striking the last sentence.
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Dual Enrollment
SECTION 39.
Said chapter 69, as so appearing, is hereby further amended by adding the following:
Section 1O. (a) The board of higher education in consultation with the board of education and the president of the university of Massachusetts shall establish a discretionary grant program to be administered by the board of higher education, for the purpose of providing monies for public or private colleges to partner with high schools to offer dual enrollment programs or pilot early-college or middle-college programs in math and science courses:
(b) In order to receive grant funding the program must provide:
(1) simultaneous high school credit and transferable college credit;
(2) courses taught by college faculty and include some experience on a college campus;
(3) programs that include early outreach to middle school students to promote preparation for college; and
(4) such data as requested to the board of higher education that includes an evaluation plan.
(c) The board of higher education, in consultation with the board of education and the president of the university of Massachusetts shall promulgate such rules and regulations as necessary to implement this section.
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Chapter 70 Reform
SECTION 40.
Chapter 70 of the General Laws, as so appearing, is hereby amended by striking out section 2 and inserting in place thereof the following:-
Section 2A. As used in this chapter and in chapters 15, 69 and 71, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Administration allotment", the amounts allotted within a district's foundation budget for administration in any fiscal year. The administration allotment shall be the sum of:
(a) 147.99 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b) 296.00 dollars multiplied by the foundation full-day kindergarten enrollment, the foundation elementary enrollment, the foundation junior high/middle school enrollment, the foundation high school enrollment, the foundation English learner full-day enrollment and the foundation vocational enrollment; plus
(c) 2,042.96 dollars multiplied by the assumed in-school special education enrollment and the assumed tuitioned-out special education enrollment; plus
(d) 148.01 dollars multiplied by the foundation English learner pre-school enrollment and by the foundation English learner half-day kindergarten enrollment.
"Assumed in-school special education enrollment'', 3.75 per cent of total foundation enrollment in a district not counting vocational or preschool enrollment, plus 4.75 per cent of vocational enrollment.
"Assumed tuitioned-out special education enrollment'', 1 per cent of the total foundation enrollment in a district, not counting vocational or pre-school enrollment.
"Board'', the board of education.
"Classroom and specialist teachers allotment", the amount allotted within a district's foundation budget for classroom and specialist teachers in any fiscal year. The classroom and specialist teachers allotment shall be the sum of:
(a) 1,225.70 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b) 2,451.39 dollars multiplied by the foundation full-day kindergarten enrollment; plus
(c) 2,451.37 dollars multiplied by the foundation elementary enrollment; plus
(d) 2,157.21 dollars multiplied by the foundation junior high/middle school enrollment; plus
(e) 3,172.36 dollars multiplied by the foundation high school enrollment; plus
(f) 6,741.28 dollars multiplied by the assumed in-school special education enrollment; plus
(g) 1,797.68 dollars multiplied by the foundation English learner pre-school enrollment and the foundation English learner half-day kindergarten enrollment; plus
(h) 3,595.34 dollars multiplied by the foundation English learner, full-day enrollment; plus
(i) 5,393.03 dollars multiplied by the foundation vocational enrollment; plus
(j) 2,157.22 dollars multiplied by the foundation low-income elementary enrollment; plus
(k) 1,617.91 dollars multiplied by the foundation low-income secondary enrollment.
"Commissioner'', the commissioner of the department of education.
"Department'', the department of education as established in section 1A of chapter 69.
"District'' or ""School district'', the school department of a city or town, and a regional school district.
"Employee benefits and fixed charges allotment", the amount allotted within a district's foundation budget for employee benefits and fixed charges. The employee benefits and fixed charges allotment shall be the sum of:
(a) 306.79 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b) 613.58 dollars multiplied by the foundation full-day kindergarten enrollment; plus
(c) 613.59 multiplied by the foundation elementary enrollment; plus
(d) 583.41 dollars multiplied by foundation junior high/middle school enrollment; plus
(e) 560.52 dollars multiplied by the foundation high school enrollment; plus
(f) 2,585.33 dollars multiplied by the assumed in-school special education enrollment; plus
(g) 385.95 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus
(h) 771.89 dollars multiplied by the foundation English learner, full-day enrollment; plus
(i) 910.32 dollars multiplied by the foundation vocational enrollment; plus
(j) 223.88 dollars multiplied by the foundation low-income elementary enrollment and the foundation low-income secondary enrollment.
"Enrollment categories'', each student, including students enrolled in special education programs, and students attending a school in another district, pursuant to the provisions of section 12B of chapter 76, who resides in the district and who attends either a public school in that district or a school for which the district of residence pays tuition, shall be placed in one and only one of the following enrollment categories depending on the grade and program to which the student is assigned:
(a)"English learner enrollment, the number of students enrolled in English language learners programs established under chapter 71A but, in the case of an innovative program, only the English learner students, as defined in section 2 of chapter 71A, enrolled in such a program shall be considered in calculating English learner enrollment in a district.
(b) "Elementary enrollment'', number of students enrolled in grades one through five and not enrolled in English learner, or vocational programs in a district.
(c)"High school enrollment'', the number of students enrolled in grades nine through twelve and not enrolled in English learner, or vocational programs in a district.
(d)"Junior high/middle school enrollment'', the number of students enrolled in grades six through eight and not enrolled in English learner, or vocational programs in a district.
(e)"Kindergarten enrollment'', the number of students enrolled in kindergarten and not enrolled in English learner, or vocational programs in a district; provided, however, that in any district in which kindergarten students attend school for a full day, the foundation kindergarten enrollment used to calculate the foundation budget amount described in this section shall be two times the kindergarten enrollment number that would otherwise be used for said calculations if said district and all towns responsible for appropriating for said district so request.
(f)"Pre-school enrollment'', the number of students enrolled in pre-school programs run in connection with the special education program in a district. The foundation pre-school enrollment may not exceed twice the number of pre-school students enrolled under approved individual education plans.
(g)"Vocational enrollment'', the number of students enrolled in vocational, education programs or an agricultural school in a district.
"Foundation budget'', the sum of the administration allotment, instructional leadership allotment, classroom and specialist teachers allotment, other teaching services allotment, professional development allotment, instructional materials, equipment and technology allotment, guidance and psychological allotment, pupil services allotment, operations and maintenance allotment, employee benefits and fixed charges allotment and special education tuition allotment. The base year for calculating the foundation budget shall be fiscal year 2007. The base year foundation budget shall be calculated according to the formulas in this section using foundation enrollment as described in this section. For fiscal years thereafter, the foundation budget shall be the base year foundation budget, as adjusted for enrollment and for inflation as set forth in section three of this chapter.
"Foundation enrollment'', the student enrollment of a district in any fiscal year. The foundation enrollment is defined as the sum of foundation elementary, junior high/middle school, high school, English learner, and vocational enrollment plus one-half the sum of foundation pre-school and kindergarten enrollment, including students enrolled in the program for the elimination of racial imbalance under section 12A of chapter 76. By March first of each calendar year, the department shall certify the foundation enrollment for the next fiscal year as the actual enrollment as reported the previous October.
"Foundation inflation index'', in fiscal year 2007, the foundation inflation index shall equal 1.000. In fiscal year 2008 and in each fiscal year thereafter, the foundation inflation index shall equal the prior year's foundation inflation index multiplied by the minimum of (a) the ratio of the value of the implicit price deflator for state and local government purchases in the first quarter of the prior fiscal year to its value in the first quarter of the year two years prior, or (b) 1.045.
"Guidance and psychological allotment", the amount allotted within a district's foundation budget for guidance and psychological services. The guidance and psychological allotment shall be the sum of:
(a) 89.18 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b) 178.36 dollars multiplied by the foundation full-day kindergarten enrollment and the foundation elementary enrollment; plus
(c) 237.44 dollars multiplied by foundation junior high/middle school enrollment and the foundation English learner, full-day enrollment; plus
(d) 297.64 dollars multiplied by the foundation high school enrollment and the foundation vocational enrollment; plus
(e) 118.72 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment.
"Instructional leadership allotment", the amounts allotted within a district's foundation budget for instructional leadership in any fiscal year. The instructional leadership allotment shall be the sum of:
(a) 267.31 dollars multiplied by the foundation pre-school enrollment, the foundation half-day kindergarten enrollment, the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus
(b) 534.61 dollars multiplied by the foundation full-day kindergarten enrollment, the foundation elementary enrollment, the foundation junior high/middle school enrollment, the foundation high school enrollment, the foundation English learner, full-day enrollment and the foundation vocational enrollment.
"Instructional materials, equipment and technology allotment", the amount allotted within a district's foundation budget for instructional materials, equipment and technology. The instructional materials, equipment and technology allotment shall be the sum of:
(a) 177.40 dollars multiplied by the foundation pre-school enrollment, the foundation half-day kindergarten enrollment, the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus
(b) 354.80 dollars multiplied by the foundation full-day kindergarten enrollment, the foundation elementary enrollment, the foundation junior high/middle school enrollment and the foundation English learner, full-day enrollment; plus
(c) 567.69 dollars multiplied by the foundation high school enrollment; plus
(d) 283.84 dollars multiplied by the assumed in-school special education enrollment; plus
(e) 993.45 dollars multiplied by the foundation vocational enrollment.
"Low-income enrollment'', the number of children attending school in a district regardless of residence or tuition-paying status, who are eligible for free or reduced-cost lunches under eligibility guidelines promulgated by the federal government under 42 USC 1758. A low-income child or student is a child who meets these eligibility standards. In determining the total number of low-income students, the department shall use the preceding year's actual number of low-income elementary, junior high/middle school, high school, bilingual, and vocational students, and one-half the preceding year's actual number of low-income kindergarten and pre-school students.
"Municipal foundation budget", a city or town's local district's foundation budget plus the sum of its share of the foundation budgets at regional districts or at agricultural schools of which it is a member. A city or town's share of the foundation budget at regional districts or at agricultural schools shall be based upon its share of the total foundation enrollment from all member municipalities at those districts and schools.
"Operations and maintenance allotment", the amount allotted within a district's foundation budget for operations and maintenance. The operations and maintenanceallotment shall be the sum of:
(a)340.36 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b)680.71 dollars multiplied by the foundation full-day kindergarten enrollment and the foundation elementary enrollment; plus
(c)737.99 dollars multiplied by foundation junior high/middle school enrollment; plus
(d)715.55 dollars multiplied by the foundation high school enrollment; plus
(e)2,282.09 dollars multiplied by the assumed in-school special education enrollment; plus
(f)460.78 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus
(g)921.56 dollars multiplied by the foundation English learner, full-day enrollment; plus
(h)1,339.18 dollars multiplied by the foundation vocational enrollment; plus
(i)340.61 dollars multiplied by the foundation low-income elementary enrollment and the foundation low-income secondary enrollment.
"Other teaching services allotment", the amount allotted within a district's foundation budget for other teaching services. The other teaching services allotment shall be the sum of:
(a)314.36 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b)628.72 dollars multiplied by the foundation full-day kindergarten enrollment and the foundation elementary enrollment; plus
(c)452.59 dollars multiplied by the foundation junior high/middle school enrollment; plus
(d)376.79 dollars multiplied by the foundation high school enrollment and the foundation vocational enrollment; plus
(e)6,294.23 dollars multiplied by the assumed in-school special education enrollment; plus
(f)31.22 dollars multiplied by the assumed tuitioned-out special education enrollment; plus
(g) 251.37 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus
(h)502.73 dollars multiplied by the foundation English learner, full-day enrollment.
"Professional development allotment", the amount allotted within a district's foundation budget for professional development. The professional development allotment shall be the sum of:
(a) 48.49 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b)96.99 dollars multiplied by the foundation full-day kindergarten enrollment; plus
(c)97.01 dollars multiplied by the foundation elementary enrollment; plus
(d)105.17 dollars multiplied by the foundation junior high/middle school enrollment; plus
(e)101.97 dollars multiplied by the foundation high school enrollment; plus
(f)325.20 dollars multiplied by the assumed in-school special education enrollment; plus
(g)65.66 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus
(h) 131.32 dollars multiplied by the foundation English learner, full-day enrollment; plus
(i) 168.58 dollars multiplied by the foundation vocational enrollment; plus
(j) 48.54 dollars multiplied by the foundation low-income elementary enrollment and the foundation low-income secondary enrollment.
"Pupil services allotment", the amount allotted within a district's foundation budget for pupil services. The pupil services allotment shall be the sum of:
(a)35.48 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus
(b)70.97 dollars multiplied by the foundation full-day kindergarten enrollment; plus
(c)106.45 dollars multiplied by the foundation elementary enrollment and the foundation English learner, full-day enrollment; plus
(d)173.86 dollars multiplied by foundation junior high/middle school enrollment; plus
(e)400.92 dollars multiplied by the foundation high school enrollment and the foundation vocational enrollment; plus
(f)53.23 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment.
"Special education tuition allotment", the amount allotted within a district's foundation budget for special education tuition. The special education tuition allotment shall be the sum of 19,396.88 dollars multiplied by the assumed tuitioned-out special education enrollment.
"Wage adjustment factor'', an adjusted difference between the average annual wage for all jobs in the labor market area in which a municipality is located and the average annual wage in the commonwealth. Average annual wage figures shall be published annually by the division of employment and training. The wage adjustment factor shall be the sum of one plus a fraction, the numerator of which shall be the product of one-third and the difference resulting from subtracting the average annual wage in the commonwealth from the average annual wage of the community; and the denominator of which shall be the average annual wage in the commonwealth.
For the purposes of this section, the average annual wage of the community shall be the sum of:
(a)eight-tenths multiplied by the average annual wage for all jobs in the labor market area in which the municipality is located; plus
(b)two-tenths multiplied by the average annual wage of the municipality; provided, however, that in any community the wage adjustment factor shall not be less than one.
Section 2B. As used in this chapter and in chapters 15, 69 and 71, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Chapter 70 aid", the greater of a district's foundation aid and its growth aid.
"Combined effort yield", the sum of a municipality's equalized property valuation multiplied by its uniform property percentage plus its income multiplied by its uniform income percentage.
"Effort reduction percentage", the percentage of excess effort to be reduced in any given year, applied uniformly to each municipality with excess effort in the calculation of required local contribution in any given year, which shall be 20 per cent in fiscal year 2007.
"Equalized property valuation'', the annual equalized property valuation for a municipality as determined by the department of revenue pursuant to the provisions of sections 9, 10 and 10C of chapter 58.
"Excess effort", the positive difference, if any, between a municipality's target local contribution and its preliminary contribution.
"Foundation aid", the positive difference between a district's foundation budget and its required district contribution.
"General revenue sharing aid'', the amount of assistance from the commonwealth to be received by a city or town in a fiscal year from the following local aid programs: (1) payments in lieu of taxes for state-owned lands distributed pursuant to section 17 of chapter 58, (2) the distribution to cities and towns of the balance of the State Lottery Fund in accordance with the provisions of clause (c) of section 35 of chapter 10, and (3) additional assistance, so-called, as distributed pursuant to section 18E of chapter 58.
"Growth aid", the sum of a district's (a) prior year's chapter 70 aid and (b) target aid share multiplied by the change in the district's foundation budget between the prior year and the current year.
"Income", total income from all sources as reported by residents of a municipality on income tax returns submitted to the Massachusetts department of revenue for the most recent available calendar year.
"Income percentage", the uniform percentage of each municipality's total income which yields one-half of the statewide total of combined efforts yields in any fiscal year.
"Maximum local contribution", 88 per cent of a municipality's foundation budget.
"Municipal revenue growth factor'', the change in local general revenues calculated by subtracting one from the quotient calculated by dividing the sum of (1) the maximum levy for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to one hundred two and one-half per cent plus the average of the percentage increases in the levy limit due to new growth adjustments over the last three available years as certified by the department of revenue or as otherwise estimated by the division of local services of the department of revenue where it appears that a municipality may not be entitled to increase its minimum levy limit by two and one-half per cent; provided, however, that if the highest percentage during such three years exceeds the average of the other two years' percentages by more than two percentage points, then the lowest three of the last four years shall be used for such calculation; (2) the amount of general revenue sharing aid for the fiscal year; and (3) other budgeted recurring receipts not including user fees or other charges determined by said division of local services to be associated with the provision of specific municipal services for the prior fiscal year, by the sum of (1) the actual levy limit for the prior fiscal year; (2) the amount of general revenue sharing aid received for the prior fiscal year; and (3) other recurring receipts not including user fees or other charges determined by such division of municipal services to be associated with the provision of specific municipal services budgeted by the municipality for the fiscal year preceding the prior fiscal year, if any; provided, however, that for the purposes of this calculation, the levy limit shall exclude any amounts generated by overrides applicable to any year after the fiscal year ending June 30 1993; provided, further, that in the absence of an actual levy limit for the prior fiscal year, the actual levy limit for the prior fiscal year shall be estimated by multiplying the actual levy limit of the fiscal year preceding the prior fiscal year by a factor equal to one hundred two and one-half per cent plus the average of the percentage increases in the levy limit due to new growth as specified above; and, provided, further, that in making any of the calculations required by this definition, said division of local services may substitute more current information or such other information as would produce a more accurate estimate of the change in a municipality's general local revenues and the department shall use such growth factor to calculate preliminary contribution, required local contribution and any other factor that directly or indirectly uses the municipal growth factor.
"Net school spending'', the total amount spent for the support of public education, including teacher salary deferrals and tuition payments for children residing in the district who attend a school in another district or other approved facility, determined without regard to whether such amounts are regularly charged to school or non-school accounts by the municipality for accounting purposes; provided, however, that net school spending shall not include any spending for long term debt service, and shall not include spending for school lunches, or student transportation. Net school spending shall also not include tuition revenue or revenue from activity, admission, other charges or any other revenue attributable to public education. Such revenue will be made available to the school district which generated such revenue in addition to any financial resources made available by municipalities or state assistance. The department in consultation with the department of revenue shall promulgate regulations to ensure a uniform method of determining which municipal expenditures are appropriated for the support of public education and which revenues are attributable to public education in accordance with this section. The regulations shall include provisions for resolving disputes which may arise between municipal and school officials.
"Preliminary contribution", the product of (a) a municipality's required local contribution for the prior fiscal year, and (b) one plus the municipal revenue growth factor for the current year.
"Property percentage", the uniform percentage of each municipality's total equalized property valuation which yields one-half of the statewide total of combined effort yields in any fiscal year.
"Required local contribution", the municipality's preliminary contribution minus the product of its excess effort, if any, multiplied by the effort reduction percentage. The required municipal contribution shall be apportioned to each district to which the municipality belongs, in proportion to the municipality's foundation budget at those districts.
"Required district contribution", a local district's share of the municipality's required local contribution or, in a regional district or agricultural school, the sum of member municipalities' required local contributions apportioned to that regional district or agricultural school.
"Statewide target local share", the sum of all municipalities' target local contribution, as a percentage of the sum of all municipal foundation budgets, which shall be set at 60 per cent.
"Target aid share", for a local district, 100 per cent minus the municipality's target local share. For a regional district or agricultural school, the target aid share shall be 100 per cent minus each member municipality's target local share, multiplied by each municipality's share of the regional district's enrollment, summed for all members of the district.
"Target local contribution", the lesser of a municipality's combined effort yield and its maximum local contribution.
"Target local share", a municipality's target local contribution as a percentage of its municipal foundation budget.
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Chapter 70 Reform
SECTION 41.
Section 3 of said chapter 70, as so appearing, is hereby amended by striking out lines 14 through 17 and inserting in place thereof the following:-
The factors to be inflated shall be the monetary values for the administration allotment, the instructional leadership allotment, the classroom and specialist teachers allotment, the other teaching services allotment, the professional development allotment, the guidance and psychological allotment, the pupil services allotment and the operations and maintenance allotment.
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Chapter 70 Reform
SECTION 42.
Sections 5, 7, 9, 12, 13 and 14 of said chapter 70 are hereby repealed.
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Chapter 70 Reform
SECTION 43.
Section 6 of said chapter 70, as so appearing, is hereby amended by striking out in line 6, the word "minimum" and is hereby further amended by striking out in line 8, the words "but not including equity aid".
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Ed Reform #6
SECTION 44.
Section 8 of said chapter 70, as so appearing, is hereby amended by striking in lines 5 and 6, the words "under-performing or chronically under-performing" and replacing it with the words "in turnaround status or in reconstituted status".
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Chapter 70 Reform
SECTION 45.
Section 10 of said chapter 70, as so appearing, is hereby amended by striking lines 3 and 4, and is further amended by striking in line 5 the following, "sions of this chapter" and replacing it with the following "with chapter 70 aid as defined in section 2B" and is further amended by striking the last sentence.
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Ed Reform #8
SECTION 46.
Section 38 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking lines 19 through 73, inclusive, and replacing it with the following:-
(a) The superintendent, by means of comprehensive evaluation, shall cause the performance of all teachers, principals, and administrators within the school district to be evaluated. The board shall develop uniform performance standards and criteria to be used in evaluating teachers and shall develop rules and regulations to insure the use of these standards and criteria in the teacher evaluation process. The primary performance standard for all teachers shall be their contribution to student learning of content specified in the state's academic standards. School districts shall utilize performance standards and criteria adopted by the board, however, the standards and criteria used by the school districts are not limited to those adopted by the board and the school district may add other teacher performance standards, insofar as they serve as means toward the end of student learning.
(b)The main indicators of teacher performance shall be data on student learning, peer evaluations based on observations, and principal evaluations based on observation and other information available to the principal. Where possible, the data on student learning shall include the level and growth of student achievement provided by the department. Other data on student learning may also be included where appropriate. In evaluating the contribution of any teacher to student learning, due consideration will be given, where possible, to a student's achievement level prior to the student's assignment to the teacher. The department will develop data systems designed to measure growth in student learning, in grades and subjects where this is feasible, and provide this information to the school districts.
(c) No aspect of teacher performance standards, criteria, indicators, or procedures of evaluation shall be subject to collective bargaining.
(d) The results of such evaluations may be used in decisions to dismiss, demote or remove a teacher or administrator pursuant to section 42 of this chapter.
(e) The results of such evaluations shall be used in decisions by districts to award teachers a performance pay bonus, provided that they receive an exemplary evaluation, which includes strong evidence of growth in student learning.
(f) The results of such evaluations may be used by the superintendent to require teacher training.
(g) Performance pay bonuses may be awarded by the districts to teachers whose evaluations conducted pursuant to this section are exemplary; provided that no more than 33 per cent of teachers in each district shall qualify; provided further, that the state performance pay bonus share is conditional upon a district match of 50 per cent and that the match is not counted toward the district's minimum required local contribution; however the state will pay 100 per cent of the performance pay bonus if an award is being made to a teacher in a school that has been deemed in turnaround status pursuant to section 1J of chapter 69.
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Ed Reform #7
SECTION 47.
Section 38G of chapter 71, as appearing in the 2004 Official Edition is hereby amended by inserting after line 70, the following paragraph:-
To be eligible for certification as a provisional educator after January 1, 2007, the candidate shall (1) hold a bachelor's degree in arts or sciences from an accredited college or university with a major course in the arts or sciences appropriate to the instructional field; (2) pass a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents and a math section which shall demonstrate numeracy skills necessary for effective instruction; and; (B) the subject matter knowledge for the certificate; and (3) be of sound moral character. Candidates who complete the requirements in this paragraph shall be issued provisional educator certificates which will permit them to seek employment in teaching positions requiring instructional certification in districts which have an approved provisional educator preparation program.
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Ancillary Costs Mass Hospital School #1
SECTION 48.
Section 12 of chapter 71B of the General Laws, as amended by section 8 of chapter 6 of the Acts of 2005, is hereby further amended by striking the last paragraph and inserting in place thereof the following paragraph:-
The city, town or regional school district in which each school-age child in any institution described in this section would normally be eligible to attend school and the city, town or regional school district in which each day student admitted to an institution under the control of the department of public health and receiving educational services from the department of education would normally be eligible to attend school shall pay to the commonwealth the costs of the education of that child in the school department of that institution in an amount determined according to the regulations issued under section 10. The payment for each such child shall not be less than its average per pupil cost for pupils of comparable age within the city, town or regional school district, and for each such day student, shall include any charges for related medical, educational or other service provided by the department of public health authorized by section 62T of chapter 111. The amount due the commonwealth each year shall be deducted from the annual distribution to said city, town or school district pursuant to section 20 of chapter 59.
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Ed Reform #9
SECTION 49.
Chapter 74 of the General Laws is hereby amended by adding the following:-
Section 8. (a) The department may establish applied academic schools within regular high schools that provide combined academic and occupational training to high school students towards meeting the needs of the state for a highly skilled and educated work force. Any amount awarded under this section shall be in addition to and not to be considered in determining state or federal monies.
(b) A school district may apply to the department for a grant to fund expenses associated with the planning, development and implementation of an applied academic school. Amounts awarded under this section shall be used to fund curriculum development and program design costs, employ certified teachers to provide course instruction during the introductory year and to fund initial purchases of equipment and supplies necessary for program delivery.
(c) An applied academic school shall be a state-school-private sector partnership. The department shall develop a technical assistance team whose members have prior involvement in successful applied academic operations and make their expertise available, as necessary, to each new applied academics school during its first two years of operation.
(d) Applied academic teachers shall work as a team in planning, teaching, and troubleshooting program activities. Classes in this program shall be limited to students enrolled in the applied academic school. Each participating district shall establish an advisory committee consisting of individuals involved in applied academic operations, including school district and school administrators, teachers, and representatives of the private sector.
(e) The department shall develop regulations and guidelines for applied academic schools that should include but not be limited to the following:
(1) Instruction in at least three academic subjects each regular school term that prepares the student for a regular high school diploma. These subjects should contribute to an understanding of the academic field of study.
(2) A laboratory class related to the applied academic field of study.
(3) A mentor from the business community during the student's 11th grade year.
(4) An internship or paid job related to the academy's occupational field or work experience to improve employment skills, during the summer following the 11th grade. A student that must attend summer school for purposes of completing graduation requirements is exempt from this requirement.
(5) Additional motivational activities with private sector involvement to encourage academic and occupational preparation.
(e) The curriculum of an applied academic school shall prepare students to receive a certificate of occupational proficiency as described in subsection (iii) of section 1D of chapter 69; and upon successful completion of the applied academic school, the students shall be eligible to receive the certificate.
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Ed Reform #10
SECTION 50.
The General Laws are hereby amended by adding the following new chapter:
CHAPTER 74B
EDUCATION EXCELLENCE
Section 1. It is declared that for the benefit of the people of the commonwealth, it is essential that this and future generations of citizens be given the fullest opportunity to have the best educated students, especially in math and science. It is declared further that the people of the commonwealth have a direct interest in remaining globally competitive and therefore its students consistently place in the top tier of all students worldwide. Accordingly, it is the purpose of this chapter and the policy of the commonwealth to provide a means to encourage academic excellence in both math and science in elementary and secondary public schools.
Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Accelerated courses", courses designed to prepare a student to take Advanced Placement courses
"Board", the Board of Education
"Commissioner", the Commissioner of Education
"Commonwealth Teaching Corps certificate", "certificate" , a license to be an elementary math specialist and/or middle or high school math and/or science teacher issued to a person who has successfully met the requirements pursuant to this chapter.
"Math specialist", an elementary school teacher who spends at least 80 per cent of his or her weekly teaching time teaching math and has passed the elementary math MTEL.
MTEL", Massachusetts Tests for Educator Licensure
Section 3. (a) Beginning September 1, 2007, if a high school in the district has a student body of over 750 students the school shall offer in-class Advanced Placement level courses in calculus, physics, chemistry and biology. If a high school has less than 750 students, the high school will make available in-class Advanced Placement level courses or course materials taught online by a competent vendor in calculus, physics, chemistry and biology. Vocational - technical schools that have been established under chapter 74 shall be exempt from this requirement.
(b) At the end of each school year, Advanced Placement level course teachers in calculus, physics, chemistry and biology shall be awarded by the school district a premium payment of $2,500 for each Advanced Placement level course taught; provided that 50 per cent of the students enrolled in the class passed the Advanced Placement course with a grade of three or higher. A teacher may be awarded a maximum of $5,000 under this section.
(c) As of September 1, 2007, a school must offer accelerated math and science courses in grade seven and higher.
(d) As of September 1, 2009, all elementary school teachers who teach math shall have passed the elementary math MTEL; schools with elementary teachers that have not passed the elementary math MTEL shall fulfill this requirement with a math specialist.
Section 4. By September 2006, the commissioner shall initiate, approve and superintend the establishment, subject to appropriation, of at least one new school of excellence in mathematics and science in cities with a population of 90,000 or more. These schools shall be patterned after the collaborative between Worcester polytechnic institute and the Massachusetts academy for science and math. The new schools shall provide professional development activities to teachers in other schools in the district. Schools established under this section shall not be subject to the provisions of 150E. The commissioner shall create enrollment guidelines and the board shall promulgate rules and regulations as necessary to carry out the intent of this section.
Section 5. (a) There is hereby established a commonwealth teaching corps. The main objective of the corps is to encourage individuals to become elementary math specialists and secondary teachers of math and science. The commissioner shall have the authority to grant a certificate to an individual who has satisfied the requirements as set forth in this section. This certificate shall be valid for renewable terms of five years. Any certificate issued by the commissioner may be revoked for cause, pursuant to standards and procedures established by the board.
(b) Notwithstanding any special act or law to the contrary, the only educational requirements for being granted a certificate is that the individual
(i)demonstrate a college degree with a math, science or engineering major and/or an advanced degree in a math, science or engineering, and
(ii)pass the appropriate MTEL exam in the field the individual plans to teach.
(c) Individuals who are granted a commonwealth teacher certificate shall not be eligible for professional teacher status under section 41 of chapter 71; provided that the lack of professional teacher status for such individuals shall not be used as a criterion in connection with any reduction in force.
(d) Teacher evaluations shall be made pursuant to section 38 of chapter 71.
(e) At the end of the school year, a member of the commonwealth teaching corps who has taught the subject in which he holds a certificate, shall be awarded by the school district a premium payment of $5,000 provided that the teacher verifies the employment in a form prescribed by the school district and the teacher evaluation received as described in subsections (a) and (b) of section 38 of chapter 71 is satisfactory.
(f) All applications for the certificate granted under this section shall be accompanied by a fee to be determined by the secretary for administration and finance under the provisions of section 3b of chapter 7.
(g)All school districts hiring an individual holding a certificate granted under this section must assign to the new teacher a veteran teacher for mentoring/induction, which shall include but not be limited to instructional delivery and classroom management. The veteran teacher assigned shall have demonstrated success in teaching the subject pursuant to performance evaluations as described in section 38 of chapter 71. The Commonwealth shall provide up to $3,000, subject to appropriation, for a stipend or to compensate for release time of the veteran teacher, subject to the school district providing the department with an acceptable mentoring plan and a post-induction evaluation.
(h) Nothing in this section shall preclude a previously licenses teacher from obtaining a Commonwealth Teaching Corps certificate.
Section 6. The board shall have the authority to promulgate, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this chapter.
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Ancillary Costs Massachusetts Hospital School #2
SECTION 51.
Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting the following section:-
Section 62T. The Massachusetts Hospital School may charge for the expense of all services, including but not limited to, related medical or other educational services that it provides to any school-age child with a disability admitted to its day program. Said charges shall be in additional to any educational expenses charged by the department of education pursuant to section 12 of chapter 71B.
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Municipal GIC #2
SECTION 72.
Notwithstanding any general or special law to the contrary, for fiscal years 2008 and thereafter, the amount allocated to each district's foundation budget pursuant to the definition of employee benefits and fixed charges allotment as specified in section 2 of chapter 70 of the General Laws shall be increased by 5 per cent on a county, city, town or district 's acceptance and implementation of subsections (a) and (b) of section 3B of chapter 32B.
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Municipal GIC #3
SECTION 73.
Notwithstanding any general or special law to the contrary, for fiscal year 2007 the amount allocated to each district's foundation budget to employee benefits and fixed charges as specified in section 40 of this act shall be increased by 5% percent
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Parental-School Participation Program at DOE
SECTION 88.
The board of education shall administer a grant program known as the parent-school participation program. The purpose of the program shall be to increase parents' participation in their children's schooling statewide and especially in the 24 school districts and five charter schools that the department of education has identified as having the lowest levels of student performance on the Massachusetts comprehensive assessment system exam. Elementary schools shall offer parental preparation class prior to a child's kindergarten registration. Funding appropriated for this program shall be used to: support increased numbers of teacher-parent conferences, hold open houses, encourage teachers to use technology to communicate with parents, and other forms of school-parent outreach. Said funding may be used to expand the roles of existing school and district personnel, and may not be used to hire additional school or district personnel. Grant recipients shall be required to demonstrate improvement in parental involvement as a result of the grant. Any funds distributed under this grant program to local, or regional school districts shall be deposited with the treasurer of the city, town or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special law to the contrary.
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Freeze Special Education Provider Rates
SECTION 89.
Notwithstanding any general or special law to the contrary, the division of purchased services of the division of procurement which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set all such prices in fiscal year 2007 at the same level calculated for fiscal year 2006 except the prices for those programs for extraordinary relief, as defined in 808 CMR 1.06(4). Programs for which prices in fiscal year 2006 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2007 the full price calculated for fiscal year 2006.
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