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Floor Number: 201 Clerk Number: 99
ESTABLISHMENT OF A CHAPTER 70 EQUALIZATION FUND:
Mr. Tisei moves to amend the bill, in section 2, in item 7061-0011, by striking out the wording and inserting in place thereof the following wording:- "For a Chapter 70 Equalization grant program, to be administered by the department of education to (i) provide enrollment aid to communities which have experienced past extraordinary enrollment growth or (ii) to meet deficiencies in the base chapter 70 aid that a community received at the inception of the education reform act; provided that said grants shall be available upon application to communities which receive less than 20% of their foundation budget through chapter 70. The commissioner of the department is hereby directed to establish criteria for the awarding of said grants; provided that the commissioner shall consult with the school district regarding the merits of any application; provided further that the commissioner shall issue a report to the chairs of the joint committee on ways and means and to the chairs of the joint committee on education regarding any money expended from this account; provided further, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall be available on a recurring basis until the chapter 70 formula has been revised; and provided further, that funds distributed from this item to a municipality shall be considered as base aid used in the calculation of the minimum required local contribution for fiscal year 2003….$7,000,000"
Floor Number: 202 Clerk Number: 330
REGIONAL SCHOOL FUNDING TRANSITION COSTS
Mr.
Brewer moves to amend the bill, in section 2, in item 7061-0011, by inserting
after clause (7) the following:-
"(8) for transitional assistance to
regional school districts which, prior to fiscal year 2005, have assessed member
towns using the provisions of their regional agreement, and which, in fiscal year
2005, will assess member towns using the required contributions calculated pursuant
to chapter 70 of the general laws and section three of this act;"
Floor Number: 203 Clerk Number: 770
AN AMENDMENT RELATIVE TO REGIONAL SCHOOL DISTRICTS
Mr. Tarr moves to amend the
bill (Senate 2004) in item 7061-0011 by striking the text in its entirety and
replacing it with the following:-
"For a reserve to (1) meet extraordinary
increases in the minimum required local contribution of a municipality as calculated
pursuant to the requirements of section three of this act; provided, that a municipality
seeking funds hereunder shall apply for a waiver from the department of revenue
pursuant to the provisions of section 3 of this act; provided, further, that the
commissioner shall issue a finding concerning such waiver applications within
30 days of the receipt thereof, after consulting with the commissioner of education
regarding the merits of such application; provided, further, that preference shall
be given to municipalities with an increase of greater than 25% in required contribution
to any of the districts to which the municipality belongs as a result of the new
regional allocation methodology; (2) meet expenses associated with extraordinary
increases in enrollment calculated on a percentage basis for such municipalities;
provided, that preference shall be given to districts with enrollment growth of
greater than 10% from fiscal year 2000 through fiscal year 2005; (3) address the
effects of reductions in per pupil chapter 70 aid between fiscal year 2003 and
fiscal year 2005; provided, that preference in the awarding of such funds shall
be given to districts which receive less than 20% of their foundation budgets
as chapter 70 aid, and which received reductions in chapter 70 aid of greater
than 10% between fiscal year 2003 and fiscal year 2004; (4) for transitional assistance
to regional school districts which, prior to fiscal year 2005, have assessed member
towns using the provisions of their regional agreement, and which, in fiscal year
2005, will assess member towns using the required contributions calculated pursuant
to chapter 70 of the general laws and section three of this act; (5) for assistance
to municipalities with median income below the state average and equalized valuation
per capita above the state average; provided, further, that preference in the
awarding of funds shall be given to municipalities with required local contributions
greater than 80% of their foundation budgets; (6) for assistance to municipalities
which pay a separate and additional tax to multiple fire districts within the
municipality's borders, and which have required minimum contributions in excess
of 80% of the municipal district's foundation budget; provided, further, that
grant amounts shall be made for up to 10 % of the district's foundation budget,
but in no case shall said grant exceed $500,000; provided, further, that notwithstanding
the provisions of any general or special law to the contrary, assistance funded
by this item shall only be available on a one time non-recurring basis; provided,
further, that the department shall make all awards from this line item no later
than October 15, 2004; and provided further, that no funds distributed from this
item to a municipality shall be considered base aid nor used in the calculation
of the minimum required local contribution for fiscal year 2006."
Floor Number: 204 Clerk Number: 230
SPECIAL EDUCATION SERVICES STUDY
Ms. Walsh moves to amend the bill in
Section 2, in item 7061-0012, by inserting after "item" in line 22,
the following wording: -
"; provided further, that not less than $95,000
shall be allocated to item 7061-0029 for the purpose of continuing a study on
effective means of serving special education students through the Donahue Institute
at the University of Massachusetts;"
Floor Number: 205 Clerk Number: 463
EDUCATIONAL QUALITY AND ACCOUNTABILITY
Mr.
Antonioni moves to amend the bill in section 2, by striking out item 7061-0029
and inserting in place thereof the following item:-
"7061-0029 For the
office of educational quality and accountability established pursuant to chapter
15 section 55A of the General Laws; provided no more than $1,092,999 shall be
sent to the department of education for collaboration and analysis of school district
audits through an intergovernmental service agreement…………………
$2,601,971".
Floor Number: 206 Clerk Number: 531
CHARTER SCHOOL TUITION REIMBURSEMENT
Ms. Wilkerson
moves to amend the bill, in section 2, in item 7061-9010 by striking the figure
"$13,000,000" and inserting in place thereof the following figure:-
$37,700,000".
Floor Number: 207 Clerk Number: 296
MCAS REMEDIATION
Mr. Antonioni moves to amend the bill, in section 2, in item 7061-9404, by striking out figure "$14,000,000" and inserting in place thereof the following figure:-"$20,000,000"
Mr.
Antonioni further moves to amend the bill by adding the following words: -
"Provided
further, that not less than $5,000,000 shall be expended for a competitive grant
program to support middle school students to pass the MCAS graduation standards.
These funds can be used for comprehensive after-school programs operated by schools
or community-based organizations as long as they have a structured academic component
as approved by the board of education, Extended Day Schools that provide students
extra learning opportunities beyond the six hour school day, or apprenticeship
programs that integrate English Language Arts and Math into structured apprenticeships.
Eligible programs must have curriculum that aligns with the state curriculum frameworks."
Floor Number: 208 Clerk Number: 313
PROFESSIONAL DEVELOPMENT
Mr.
Antonioni moves to amend the bill, in section 2, in item 7061-9404, by adding
after the words "targeted intervention services provided to or by schools
and districts…chapter 69 of the General laws;" the following words:-
" provided further that not less than $1,000,000 be expended for English
language acquisition professional development as part of an initiative designed
to improve the academic performance of English language learners and effectively
implement sheltered English immersion as outlined under chapter 386 of the Acts
of 2002".
Floor Number: 209 Redraft Clerk Number:
407
RESTORING FINANCIAL SUPPORT FOR MCAS REMEDIATION
Ms.
Wilkerson moves to amend the bill in Section 2, in item 7061-9404 by striking
the figure "$14,000,000" and inserting in place thereof the following
figure: -- "$20,000,000"
Floor Number: 210 Clerk Number: 461
MCAS IMPROVEMENT PILOT PROJECT
Mr.
O'Leary moves to amend the bill, in section 2, in item 7061-9404 by inserting
after the words, "girls clubs" the following:-
"; provided further,
that not less than $20,000 shall be expended for a Brown Eyes Blue Eyes Pilot
Project, linking performance to perception to improve MCAS scores by teaching
children how to recognize faulty stereotypes inherent in racism for schools in
Falmouth, Bourne, Barnstable and Springfield."
Floor Number: 211 Clerk Number: 693
GLOBAL EDUCATION CENTERS
Mr. Magnani of Framingham moves to amend the bill, in section 2, in item 7061-9604, by adding, after the word "preparations", the following:- "provided further that not less than $130,000 shall be expended to the statewide Global and Multicultural Education Program administered by Framingham State College".
Floor Number: 212 Clerk Number: 314
MATH & SCIENCE RECRUITMENT
Mr. Antonioni moves to amend the bill, in section 2,
in item 7061-9612 by adding after the words "excellence in mathematics and
science;" the following words:-
"provided further that not more than
$100,000 shall be appropriated for programs and activities throughout the year,
including summer, to attract minorities and females to further study and careers
in the field of science and mathematics;"
Mr. Antonioni moves to further amend the same line item by striking out the figure "1,199,231" and inserting in place thereof the following figure:- "1,299,231".
Mr. Antonioni moves to amend the bill, in section 2, in item 7061-0011 by striking out the figure"$7,000,000" and inserting in place thereof the figure:- "$6,900,000".
Floor Number: 213 Clerk Number: 209
Youth Build / Job Readiness / Baker House
Mr. Hart of Boston move that the bill be amended in section 2, in item 7061-9626, in line 2, by inserting after the word "services" the following: - "provided further, that $75,000 for job readiness programming by the Ella J. Baker House.
Floor Number: 214 Clerk Number: 559
Withdrawn
Floor Number: 215 Clerk Number: 39
Grant Program for gifted and talented students
Mr. Moore moves
to amend the bill, in section 2 after item 7061-9619 the following:-
"7061-9621.
For the administration of a grant program for gifted and talented school children;
provided, that the funds appropriated in this item shall be in addition to any
federal funds available for such program; provided further, that priority shall
be given to those grant applications that address the needs of students who are
identified by any of the following criteria: (1) the result of a standardized
aptitude examination which is 3 or more standard deviations above the mean; (2)
an evaluation by the child's teachers that the child does perform, or is capable
of performing, satisfactorily at 2 or more grade levels above the child's chronological
age; or, (3) a score on the math or verbal Scholastic Aptitude Test by a child
of no more than 13 years of age which is equal to, or greater than, the average
on either test obtained by college-bound high school juniors; and provided further,
that such programs may be made available by a city, town, or regional school district…………………………..$99,999".
Floor Number: 216 Clerk Number: 312
ALTERNATIVE EDUCATION
Mr.
Antonioni moves to amend the bill in section 2 by inserting after line item 7061-9612
the following item:
"7061-9614 For the alternative education grant program
established pursuant to section 1N of chapter 69 of the General Laws, as established
in this act; provided that the commissioner shall allocate funds for both subsection
A and B of said section 1N of chapter 69 ……………………………………………………………………………………$1,000,000"
Floor
Number: 217 Clerk Number: 554
GIFTED AND TALENTED PROGRAM
Mr. Creedon moves to amend the bill, Senate 2400,
in section 2, by inserting after item 7061-9619 the following item:
"7061-9621
For a grant program for gifted and talented school age children; provided, that
the funds appropriated in this item shall be in addition to any federal funds
available for such program; provided further, that priority shall be given to
those grant applications that address the needs of students who are identified
by any of the following criteria: (1) the result of a standardized aptitude examination
which is 3 or more standard deviations above the mean; (2) an evaluation by the
child's teachers that the child does perform, or is capable of performing satisfactorily
at 2 or more grade levels above the child's chronological age; or (3) a score
on the math or verbal scholastic aptitude test by a child of no more than 13 years
of age which is equal to, or greater than, or greater than, the average on either
test obtained by college-bound high school juniors; and provided further, that
such program may be made available by a city, town, or regional school district
…………………………………………………...$99,000"
Floor Number: 218 Clerk Number: 414
CHARTER SCHOOL WORKING GROUP
Senator Lees moves to amend the bill by striking section 123 in its entirety and inserting in place thereof the following:-
"SECTION 123. The Department of Education and the Executive Office for Administration and Finance shall establish a working group to study all aspects of the current tuition financing system for charter schools, make recommendations for any necessary changes to the current system, and develop related legislation. The first meeting of the working group shall take place within 30 days of the passage of this act. The working group shall consult with the house and senate chairs of the committee on ways and means, the house and senate chairs of the joint committee on education, arts, and humanities, the Massachusetts association of school superintendents, the Massachusetts charter school association, the Massachusetts municipal association, the Massachusetts taxpayers foundation, and any other interested parties. The working group shall compile data that compares the demographic profile and educational needs that characterize charter school students with those that characterize students in the districts from which they are sent. The working group shall make recommendations as to whether the existing financing system is fair and equitable or can be improved in order to more closely align the funds sent to charter schools from state and local sources with the funds that would have been expended on the education of the charter school students if they remained in the districts from which they are drawn. The study shall include an examination of actual costs associated with the grade level, program participation, and demographic profile of students attending charter schools, including all capital costs, transportation costs and other factors that contribute to the actual cost of educating these students. The working group shall also examine the relationship between charter funding and state education funding under the provisions of chapter 70 of the General Laws, and shall ensure that any recommendations for changes in charter school funding are consistent with the principles, objectives, and formulas embodied in the funding formula under chapter 70. The working group shall file a report containing its recommendations, including any legislation necessary to carry out its recommendations, with the joint committee on education, arts, and humanities on or before September 1, 2004."
Floor Number: 219 Clerk Number: 486
RELATIVE TO CHARTER SCHOOLS
Mr.
Antonioni, Mr. O'Leary, Mr. Baddour and Mr. Hart move to amend the bill by striking
Section 123 and inserting in place thereof the following new Section:-
SECTION
123. Notwithstanding the provisions of any general or special law to the contrary,
the authority of the board of education to grant commonwealth charters to any
applicant pursuant to section 89 of chapter 71 of the general laws is suspended
until July 31, 2005, or until such time as a new tuition formula consistent with
the recommendations of the house and senate working group authorized in this section
has been enacted into law, whichever is sooner. During said period, the board
of education shall not authorize additional enrollment, beyond that approved by
the board prior to January 1, 2004, in any existing or previously authorized commonwealth
charter school.
There is hereby established a house and senate working group
to study all aspects of, make recommendations on how to improve, and develop legislation
to change, the current tuition financing system for charter schools. The first
meeting of the working group shall take place within 30 days of the passage of
this act. The working group shall consist of the speaker of the house of representatives,
or his designee, the president of the senate, or his designee, the minority leaders
of the house and senate, or their designees, the house and senate chairs of the
joint committee on education, arts, and humanities, and the chairs of the house
and senate committees on ways and means. To assist in its study, said working
group shall contract with a third party with experience in educational funding,
financial analysis and municipal finance to conduct independent analysis of charter
school funding, provided not less than $100,000 shall be appropriated for such
independent study and analysis. The independent study shall include an analysis
of the following: specific revenues, costs, and services represented in the average
cost per student formula; specific revenues, costs, and services not represented
in the average cost per student formula; specific revenues, costs, and services
in charter schools and a comparison of revenues, costs and services in school
districts to those in charter schools. Based on the findings of its study, the
working group shall make recommendations on how the existing financing system
can be improved in order to more closely align the funds sent to charter schools
from state and local sources with the funds that would have been expended on the
education of the charter school students if they remained in the districts from
which they are drawn. The recommendations shall reflect actual costs associated
with the grade level, program participation, and demographic profile of students
attending charter schools, including all facilities and capital costs, transportation
costs and other factors which contribute to the actual cost of educating these
students. The working group shall also examine the relationship between charter
funding and state education funding under the provisions of Chapter 70 of the
General Laws, and shall ensure that any recommendations for changes in charter
school funding are consistent with the principles, objectives, and formulas embodied
in the funding formula under Chapter 70. Any legislation proposed by the working
group shall require that funding be reflective of the grade level, program participation,
and demographic profile of the actual students enrolled in charter schools. The
working group shall compile data which compares the demographic profile and educational
needs that characterize charter school students with those that characterize students
in the districts from which they are sent. The working group shall solicit advice
from such persons and entities as they deem necessary, including the department
of education, as well as associations representing superintendents, school budget
officers, municipal officials, and charter schools. The working group shall file
a report containing its recommendations, including legislation necessary to carry
out its recommendations, with the joint committee on education, arts, and humanities
on or before December 1, 2004.
Floor Number: 220 Clerk Number: 684
CHARTER SCHOOL TUITION RATE
Mr.
Magnani of Framingham moves to amend the bill, in section 123, in line 4, after
the word "programs", by adding the following language:-
"low
income students as so-called "breakfast eligible" students."
Floor Number: 221 Clerk Number: 317
SPECIAL EDUCATION RATE FREEZE
Mr. Antonioni moves to amend Section 254 by striking out the first paragraph and inserting in place thereof the following paragraph:-
"Notwithstanding any general or special law to the contrary, the division of purchased services of the department 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, authorize the fiscal year 2005 annual price for these programs by increasing the final fiscal year 2004 price by the estimated rate of inflation determined by the division on December 1, 2003. Programs for which prices in fiscal year 2004 were lower than the full amount either permitted or calculated by the division shall have fiscal year 2005 annual prices authorized by increasing the full price calculated for fiscal year 2004 by the rate of inflation determined by the division on December 1, 2003. All other provisions of 808 CMR 1.06 shall be operative. "
Floor Number: 222 Clerk Number: 446
TRANSPORTATION TO SPECIAL EDUCATION DAY PROGRAMS
Mr.
Antonioni moves to amend the bill in Section 334 by inserting after the words
"the Massachusetts Association of School Superintendents, the following words:-
"the
Massachusetts Association of School Committees,".
Floor Number: 223 Clerk Number: 1
CHARTER SCHOOL MORATORIUM AND STUDY.
Mr. Pacheco moves to amend the bill by inserting,
after Section ___, the following new Section:-
"SECTION ____. Notwithstanding
the provisions of any general or special law to the contrary, the authority of
the board of education to grant commonwealth charters to any applicant pursuant
to section 89 of chapter 71 of the general laws is suspended until July 31, 2005,
or until such time as a new tuition formula consistent with the recommendations
of the house and senate working group authorized in this section has been enacted
into law. During said period, the board of education shall not authorize additional
enrollment, beyond that approved by the board prior to January 1, 2004, in any
existing or previously authorized commonwealth charter school. Further, the approval
of the commonwealth charters by the name of the Advanced Math and Science Academy
Charter School, Community Charter School of Cambridge, KIPP Academy Lynn Charter
School, Berkshire Arts and Technology Charter School, and the Salem Academy Charter
School made prior to passage of this act are hereby suspended and the charter
schools so named shall not be allowed to open until the Department of Education,
after this period of suspended authority, conducts a full review of the application
and authorization process of the commonwealth charters named above to insure that
the letter and spirit of the laws governing those processes have been followed
by the Department and Board of Education.
There is hereby established a house
and senate working group to study all aspects of, make recommendations on how
to improve, and develop legislation to change the current tuition financing system
for charter schools. The first meeting of the working groups shall take place
within 30 days of the passage of this act. The working group shall consist of
the speaker of the house of representatives, or his designee, the president of
the senate, or his designee, the minority leaders of the house and senate, or
their designees, the house and senate chairs of the joint committee on education,
arts, and humanities, and the chairs of the house and senate committee on ways
and means.
Based on the findings of its study, the working group shall make
recommendations on how the existing financing system can be improved in order
to more closely align the funds sent to charter schools from state and local sources
with the funds that would have been expended on the education of the charter school
students if they remained in the districts from which they are drawn. The recommendations
shall reflect actual costs associated with the grade level, program participation,
and demographic profile of students attending charter schools, including all capital
costs, transportation costs and other factors which contribute to the actual cost
of educating these students. The working group shall also examine the relationship
between charter school funding and state education funding under the provisions
of Chapter 70 of the General Laws, and shall ensure that any recommendations for
changes in charter school funding are consistent with the principles, objectives,
and formulas embodied in the funding formula under Chapter 70. Any legislation
proposed by the working group shall require that funding be reflective of the
grade level, program participation, and demographic profile of the actual students
enrolled in charter schools. The working group shall compile data which compares
the demographic profile and educational needs that characterize charter school
students with those that characterize students in the districts from which they
are sent. The working group shall solicit advice from such persons and entities
as they deem necessary, including the department of education, as well as associations
representing superintendents, school budget officers, municipal officials, and
charter schools. The working group shall file a report containing its recommendations,
including legislation necessary to carry out its recommendations, with the joint
committee on education, arts, and humanities on or before December 1, 2004."
Floor Number: 224 Clerk Number: 24
MIDDLE EDUCATION COMMISSION
Ms.
Menard moves to amend the bill by inserting, after Section 362, the following
new Section:-
"SECTION 363. Not withstanding any general or special law
or regulation to the contrary, there is hereby established a special commission
to investigate and study middle education in the Commonwealth of Massachusetts,
including but not limited to the following: a study of progress on implementation
of the recommendations included in the 1993 Department of Education "Magic
in the Middle" report; a review of the pertinent research and effective best
practice; and recommendations to improve standards based middle level teaching
and learning, including review and analysis, and recommendations of middle level
education as related to curriculum frameworks, teacher licensure, high standards
and achievement articulation between elementary and high school levels, and department
of education middle level support services.
The commission shall consist of
the House and Senate chairs of the Joint Committee on Education, Arts and Humanities,
who shall serve as co-chairs of the commission, three members of the Senate appointed
by the Senate President, five members of the House of Representatives appointed
by the Speaker, the Commissioner of Education or his designee, and ten persons
to be appointed by the Governor. The Governor shall choose from recommendations
made by the appropriate organizations representing members of each of the following
categories: not less than one superintendent, not less than one middle school
principal recommended by the Massachusetts Secondary School Administrators Association
(MSSAA), not less than one member of a school committee, not less than one member
of the New England League of Middle Schools (NELMS), not less than one parent
of a middle school child and not less than three middle school teachers, two to
be recommended by the Massachusetts Teacher Association (MTA) and one by the Massachusetts
Federation of Teachers (MFT).
The commission may accept and expend any appropriations,
grants of money, professional, consultant, clerical and other services and supplies
for the Commonwealth in the course of its investigation and study.
The commission
shall submit a report and its recommendations, if any, together with any drafts
of legislation necessary to carry such recommendations into effect, by filing
the same with the clerks of the Senate and House of Representatives, and the Joint
Committee on Education, Arts and Humanities, not less than November 24, 2004."
Floor Number: 225 Clerk Number: 157
MCAS APPEALS EXPANSION
Ms.
Creem moves to amend the bill (S.2400) by inserting after Section 242 the following
new Section:-
SECTION 242A. Section 119 of Chapter 140 of the Acts of 2003
is hereby amended in the second sentence of the first paragraph by striking after
the word "child" the words "with a disability". Said section
is hereby further amended in the first sentence of the second paragraph by striking
after the word "child", the words "with a disability". Said
section is hereby further amended in the second sentence of the second paragraph
by striking after the word "child", the words "with a disability".
Said section is hereby further amended in the first sentence of paragraph five
by striking after the word "child" the words "with a disability".
Floor Number: 226 Clerk Number: 177
CHARTER SCHOOL APPROVALS
Mr.
Nuciforo moves to amend the bill (S.2400) by inserting at the end thereof the
following section:-
SECTION -
Section 89 of chapter 71 of the General Laws
is amended in subsection (i) by striking the last sentence and inserting in place
thereof the following:-
"The board shall not approve a new commonwealth
charter school in any community with a population of less than 50,000 unless it
is a regional charter school.".
Floor Number: 227 Clerk Number: 179
CHARTER SCHOOL DETERMINATIONS
Mr.
Nuciforo moves to amend the bill (S.2400) by inserting at the end thereof the
following section:-
SECTION -
Section 89 of chapter 71 of the General Laws
is amended in subsection (i) by striking the sixth sentence.
Floor Number: 228 Clerk Number: 306
ALTERNATIVE EDUCATION GRANT PROGRAM
Mr. Antonioni moves to amend the bill by inserting,
after Section ___, the following new Section: -
"SECTION ___. (a) The
department of education, hereinafter referred to as the department, shall establish
a grant program, subject to appropriation, to be known as the alternative education
grant program for the purpose of providing grants to assist school districts,
and Horace Mann and commonwealth charter schools with the development and establishment
of alternative education programs and services to students suspended or expelled
from school. The grants shall support the development of alternative education
programs which would: (1) allow school districts to coordinate efforts to establish
interdistrict regional alternative education collaboratives to provide educational
services to suspended or expelled students; or (2) establish a district based
alternative education program for such students. The grants may also be used to
encourage the use of technology in alternative education programs. Such grants
shall also encourage voluntary expansion of existing alternative education programs
throughout the commonwealth, and shall be used to provide alternative education
programs for students who are at risk of educational failure due to truancy, or
dropping out of school. Grants may also be used to assist in developing programs
that provide a continuum of approaches to address behavior issues such as behavior
specialists, in-school suspension rooms and crisis centers, in addition to out-of-school
alternative settings.
Programs designed under such grants shall be developed at the middle and high school levels and shall afford students the opportunity to earn a high school diploma in accordance with the provisions of section one D, and to be taught to the same academic standards and curriculum frameworks established for all students in accordance with the provisions of sections one D and one E. Such programs shall make use of existing resources in school districts, educational collaboratives, community colleges, and other agencies, service providers, and organizations. Programs shall be designed as placements that, at a minimum, educate students to the same academic standards and curriculum frameworks as taught to all students, address behavioral problems, utilize small class size, address individual needs and learning styles, provide engaging instruction and a supportive environment, and, where appropriate, utilize flexible scheduling. The programs shall also provide a comprehensive array of social services to support a student's remediation of issues that cause school failure, excessive absenteeism, truancy and school dropout. Grant recipients shall develop remediation plans for students that address both academic and behavioral issues. Grants may also be made available for in-school regular education programs that include self-improvement, behavior management and life skills training to help provide students with tools to better manage their lives and attitudes, to support programs that use family-based approaches, and to assist students and teachers during the transition of students back into regular education classrooms.
Any grants awarded pursuant to this subsection, shall require that recipients undertake ongoing program evaluations that document the effectiveness of the program in helping students to achieve academically to the same academic standards and curriculum frameworks required for all students, to develop self-management skills, and to reintegrate and remain in regular education classrooms. In awarding grants, priority shall be given to programs that employ interventions that have been empirically validated.
The department shall establish guidelines governing
the alternative education grant program. Such guidelines shall include, but not
be limited to, a provision that when a student is transferred to an alternative
education program a representative of the school district shall meet with the
student and the student's parents or legal guardian to develop an agreement that
specifies the responsibilities of the school, the student and the student's parents
or legal guardian. The agreement shall, at a minimum, include:
(1) a remediation
plan to address both academic and behavioral issues;
(2) a plan for frequent
evaluations and assessments of the student's adjustment, and academic achievement
and progress;
(3) a requirement that the parents or legal guardian of the student
attend specified meetings or conferences with teachers, or utilize such other
means of communication as determined necessary to facilitate communication, to
review and assist in the student's progress;
(4) any timetable for reintegrating
the student into a regular education classroom;
(5) the student's and the
parents' or legal guardian's acknowledgement that they understand and accept the
responsibilities imposed by the agreement.
(b) The department shall establish a grant program, subject to appropriation, to assist school districts with the development and establishment of in-school regular education programs and services to address within the regular education school program the educational and psycho-social needs of children whose behavior interferes with learning, particularly those who are suffering from the traumatic effects of exposure to violence. As used in this subsection, students suffering from the traumatic effects of exposure to violence shall include, but not be limited to, those exposed to abuse, family or community violence, war, homelessness or any combination thereof. The grants shall support the development of school based teams with community ties that: (1) collaborate with broadly recognized experts in the fields of trauma and family, community violence and with battered women shelters; (2) provide ongoing training to inform and train teachers, administrators, and other school personnel to understand and identify the symptoms of trauma; and (3) evaluate school policy and existing school and community programs and services to determine whether and to what extent students identified as suffering from exposure to trauma can receive effective supports and interventions that can help them to succeed in their public school programs, and where necessary be referred quickly and confidentially to appropriate services.
Grants may also be awarded to assist school districts in developing comprehensive programs to help prevent violence in schools, from whatever causes, and to promote school safety. Such programs shall be designed to meet the following objectives: creating a school environment where students feel safe and that prevents problems from starting; helping students to take the lead in keeping the school safe; ensuring that school personnel have the skills and resources to identify and intervene with at-risk students; equipping students and teachers with the skills needed to avoid conflict and violence; and helping schools and individuals to reconnect with the community and share resources.
The department shall develop guidelines governing the implementation of the grant program authorized by this subsection. Any grants awarded pursuant to this subsection, shall require that recipients undertake ongoing evaluations of the effectiveness of the program. In awarding grants, priority shall be given to programs that are based on empirically validated interventions.
The department of education, in consultation with the department of public health and the department of mental health, shall establish an advisory committee to assist in implementing the grant program and in assisting pubic schools in addressing the learning and behavior problems of students who manifest trauma-related symptoms and/or classroom behavior that interferes with learning. Members of said advisory committee shall include but not be limited to: three educators, one of whom shall serve as the chair, appointed by the commissioner of the department of education; two leaders in the field of trauma and its relationship to school learning and behavior appointed by the commissioner of the department of public health, two leaders in mental health with expertise in family and/or community violence appointed by the commissioner of mental health; one leader in battered women's services appointed by the commissioner of public health; one leader in the area of homelessness and its impact on children appointed by commissioner of mental health, three parents one each appointed by the commissioner of education, the commissioner of public health, the commissioner of mental health. The advisory committee, at its discretion, may select additional members with relevant experience including but not limited to child advocates, medical doctors and representatives of juvenile and probate court.
(c) The commissioner shall evaluate annually the effectiveness of programs established under this section including the potential for replicating such programs throughout the commonwealth. Such evaluations shall also examine whether students in alternative education programs funded under this section are being taught to the same academic standards required for all students, how much time students are spending in such programs, the racial profile of expelled or suspended students, and the percentages of such students who are in special education or bilingual education. The commissioner shall also provide technical assistance to school districts seeking to replicate programs funded under this section, and shall provide training for teachers in the development of effective remediation plans for students in alternative education, and in the development of skills, techniques, and innovative strategies to assist such students. In evaluating programs funded under subsection (b), the commissioner shall consult with the department of public health, the department of mental health, and the advisory committee established pursuant to said subsection."
Floor Number: 229 Clerk Number: 321
AN AMENDMENT TO DETERMINE THE FEASIBILITY OF ADJUSTEMTS TO THE SHOOL YEAR
Mr.
Tarr, Mr. Lees, Mr. Knapik, Ms. Sprague, Mr. Hedlund and Mr. Brown move to amend
the bill (Senate bill 2400) by adding, at the end thereof, the following new section:
-
"SECTION___. There is hereby established a study commission to evaluate
the feasibility and potential academic impact, if any, of providing school districts
the flexibility to adjust the number of days in the school year by not more than
five, provided that such adjustment would result in no net diminution of actual
attendance time in school. Said evaluation shall consider any potential cost savings
to be achieved by providing such flexibility through such means as reduced physical
plant operating costs of school buildings. In addition, said study shall determine
whether providing such flexibility may have any positive or adverse impacts on
the hearing environment or student learning or performance. The Commission shall
be comprised of the Commissioner of the Department of Education or his designee,
the Secretary of Administration and Finance, or his designee, 3 members from the
House Committee on Education, at least one being a member of the minority party,
and 3 members from the Senate Committee on Education, at least one being a member
of the minority party. Said Commission shall file a report together with any recommendations
for legislative changes with the Joint Committee on Education, Arts and Humanities
both the Senate and House Committees on Ways and Means and the House and Senate
Clerks not later than November 30, 2004."
Floor Number: 230 Clerk Number: 334
SCHOOL GRIEF COUNSELORS
Mr.
Brewer and Ms. Resor move to amend the bill by inserting at the end thereof the
following new section:-
"SECTION ____. A special commission is hereby
established to study the establishment of regional grief counselors for city,
town and regional school districts. Said commission shall be comprised of three
members appointed by the speaker of the house including the house chair of the
joint committee on education, three members appointed by the senate president
including the senate chair of the joint committee on education, the secretary
of the department of education or his designee, a designee from the Massachusetts
Teachers Association, a designee from the Massachusetts Federation of Teachers,
along with members of the medical profession. Said commission shall submit a report,
including legislative recommendations, if any, to the joint committee on education
and the house and senate committees on ways and means by June 15, 2005."
Floor Number: 231 Clerk Number: 386
PROFESSIONAL STATUS FOR EDUCATIONAL COLLABORATIVE TEACHERS
Mr. Tolman moves to amend the
bill by inserting, after Section 362, the following new Section:-
"SECTION
363. Section 4E of Chapter 40 of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by adding the following sentence:- The provisions of
sections 41, 42, 42 D and 43 of Chapter 71 shall apply to each category of employees
named in those sections who serve in education collaboratives."
Floor Number: 232 Clerk Number: 452
SCHOOL IMPROVEMENT PLANS
Mr.
Antonioni moves to amend the bill by inserting, after Section 362, the following
new section:-
"SECTION 363. Section 19 of Chapter 65 of the Acts of 2004
is hereby repealed."
Floor Number: 233 Clerk Number: 455
SCHOOL IMPROVEMENT PLANS
Mr.
Antonioni moves to amend the bill by inserting, after Section 362, the following
new Section: -
"SECTION 363. Section 59C of the General Laws as most
recently amended by section 82 of Chapter 46 of the Acts of 2003, is hereby amended
by deleting the fifth paragraph and inserting in place thereof the following:
"The principal of each school, in consultation with the school council established
pursuant to this section, shall on an annual basis, in conformity with the provisions
of section 1I of chapter 69, develop and submit for approval by the district superintendent
and school committee a plan for improving student performance. Said plan shall
be prepared in a manner and form prescribed by the department of education and
shall conform to any policies and practices of the district consistent therewith.
If said school improvement plan is not reviewed by the school committee within
thirty days of said school committee receiving said school improvement plan, the
plan shall be deemed to have been approved by said school committee."
Floor Number: 234 Clerk Number: 460
BOARD OF EDUCATION
Mr.
Antonioni moves to amend the bill by inserting, after section 362, the following
new Section: -
"SECTION ____. Section 1E of chapter 15 of the General
Laws, as appearing in the 2002 Official Edition, is hereby amended by striking
out the first to third sentence and inserting in place thereof the following sentence:
There shall be in the department a board of education, in this section and in sections one F and one G called the board, which shall consist of the chairman of the student advisory council established under this section, the chancellor of higher education, the Commissioner of the Board of Early Education and Care, one representative of a labor organization selected by the governor from a list of three nominees provided by the Massachusetts State Labor Council, AFL-CIO; one representative of business or industry selected by the governor with a demonstrated commitment to education; one representative of parents of school children selected by the governor from a list of three nominees provided by the Massachusetts Parent Teachers Association and three additional members selected by the governor. In making such additional selections, the governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth and who are familiar with the differing interests, perspectives and needs of urban, rural and suburban school districts. No appointive member of said board shall be employed by or receive regular compensation from the department of education, or from any school system, public or independent, in the commonwealth."
Floor Number: 235 Clerk Number: 471
Withdrawn
Floor Number: 236 Clerk Number: 480
CUNNINGHAM - COLLICOT SBA
Mr.
Joyce moves to amend the bill by inserting, after Section ___, the following new
Section:-
"SECTION ____. The Department of Education is hereby directed
to reimburse the Town of Milton for the actual project costs of all school building
projects in Milton under the School Building Assistance Program, including, but
not limited to, the Collicot School and Cunningham Schools project, such reimbursement
shall be at the same rate and in addition to reimbursements within the total project
cost reimbursement limit established, pursuant to paragraph three of section 1I
of chapter 15 of the General Laws, as appearing in the 1998 Official Edition."
Floor Number: 237 Clerk Number: 583
APPOINTMENTS TO THE BOARD OF EDUCATION
Ms. Resor moves to amend the bill (S. 2400)
by inserting after section 27 the following new section:-
"SECTION 27A.
Said section 1E of chapter 15, as so appearing, is herby amended by inserting,
in line 9, after the word "governor" the following words:- "The
five additional members shall be selected from a list developed by the Massachusetts
Association of School Committees."
Floor Number: 238 Clerk Number: 596
CHARTER SCHOOL MORATORIUM AND STUDY
Ms. Resor moves to amend the bill (S.2400) by inserting at the end thereof the following new section:-
"Section ____. Notwithstanding the
provisions of any general or special law to the contrary, the authority of the
board of education to grant commonwealth charters to any applicant pursuant to
section 89 of chapter 71 of the general laws is suspended until July 31, 2005
or until such time as a new tuition formula consistent with the recommendations
of the house and senate working group authorized in this section has been enacted
into law. During said period, the board of education shall not authorize additional
enrollment, beyond that approved by the board prior to January 1, 2004, in any
existing or previously authorized commonwealth charter school. Further, the approval
of the commonwealth charters by the name of the Advanced Math and Science Academy
Charter School, Community Charter School of Cambridge, KIPP Academy Lynn Charter
School, Berkshire Arts and Technology Charter School, and the Salem Academy Charter
School made prior to passage of this act are hereby suspended and the charter
schools so named shall not be allowed to open until the Department of Education,
after this period of suspended authority, conducts a full review of the application
and authorization process of the commonwealth charters named above to insure that
the letter and spirit of the laws governing those processes have been followed
by the Department and Board of Education.
There is hereby established a house
and senate working group to study all aspects of, make recommendations on how
to improve, and develop legislation to change, the current tuition financing system
for charter schools. The first meeting of the working group shall take place within
30 days of the passage of this act. The working group shall consist of the speaker
of the house of representatives, or his designee, the president of the senate,
or his designee, the minority leaders of the house and senate, or their designees,
the house and senate chairs of the joint committee on education, arts, and humanities,
and the chairs of the house and senate committees on ways and means. Based on
the findings of its study, the working group shall make recommendations on how
the existing financing system can be improved in order to more closely align the
funds sent to charter schools from state and local sources with the funds that
would have been expended on the education of the charter school students if they
remained in the districts from which they are drawn. The recommendations shall
reflect actual costs associated with the grade level, program participation, and
demographic profile of students attending charter schools, including all capital
costs, transportation costs and other factors which contribute to the actual cost
of educating these students. The working group shall also examine the relationship
between charter funding and state education funding under the provisions of Chapter
70 of the general laws, and shall ensure that any recommendations for changes
in charter school funding are consistent with the principles, objectives, and
formulas embodied in the funding formula under Chapter 70. Any legislation proposed
by the working group shall require that funding be reflective of the grade level,
program participation, and demographic profile of the actual students enrolled
in charter schools. The working group shall compile data which compares the demographic
profile and educational needs that characterize charter school students with those
that characterize students in the districts from which they are sent. The working
group shall solicit advice from such persons and entities as they deem necessary,
including the department of education, as well as associations representing superintendents,
school budget officers, municipal officials, and charter schools. The working
group shall file a report containing its recommendations, including legislation
necessary to carry out its recommendations, with the joint committee on education,
arts, and humanities on or before December 1, 2004."
Floor Number: 239 Clerk Number: 620
TUITION FOR OUT-OF-DISTRICT VOCATIONAL STUDENTS
Ms. Resor, Mr. Havern move to amend
the bill (S. 2400) by adding to the end of Section 124 the following:-
"Section
7C of Chapter 74 of the General Laws is hereby amended by inserting after the
word "program" in the last sentence of the first paragraph the following
words: "and further provided that the commissioner under the state board
will approve tuition fees based on the expenditure per pupil of receiving schools
but not to exceed 150% of the statewide average Foundation Budget for vocational
students except in the cases of students receiving service under an individualized
educational plan or in higher cost agricultural programs involving animal care
and other unusual expenses. In the cases of service under individual education
plans, the receiving schools may assess an additional average cost differential
for such service equal to what they assess for such service to residents students
or to actual documented extra costs whichever is higher. In the case of higher
cost agricultural programs, the commissioner will consider extra cost proposals
before establishing a total tuition fee."
Floor Number: 240 Clerk Number: 621
PREVENTION OF BULLYING
Messrs.
Lees, Tisei, Tarr, Knapik, Brown, Brewer and Joyce and Mrs. Sprague move to amend
the bill by inserting at the end thereof the following new section:-
"SECTION
___. Chapter 71 of the General Laws is hereby amended by adding the following
section:
Section 90. Prevention of Bulling
The following words and phrases,
as used in this section, shall have the following meaning unless context requires
otherwise:
(a) "bullying" shall include all forms of harassment and
shall be defined as repeated acts, either physical, verbal, written or otherwise,
directly or indirectly committed against the will of an individual which causes
distress to that individual and/or the loss of esteem, sense of self worth, or
damage to the psyche to that individual.
The Department of Education, or its
successors or assigns, is required to create mandates to all educational systems
within its realm of authority to establish a plan which has the objective to establish
and maintain an environment for students which is safe, conductive to learning,
positive and free of disruption and bullying, in particular. At a minimum, this
plan is to incorporate the following features which will be uniformly applied
in the Commonwealth of Massachusetts and are described in more detail below: a
framework for antibullying policy of no tolerance, a hierarchy for responsibilities
and accountability for teachers and administrators, a method for identification
and measuring the students' environment at school and in after school environments,
a curriculum and continuing professional education on bullying, reporting requirements,
safe havens to mitigate legal exposure, a process for improvements and enhancements.
(a) Framework - All districts will establish an antibullying policy which
has zero tolerance. Students and their parents or guardians will be required to
review and acknowledge a standard Code of Conduct at the beginning of each year,
which sets the expectations for behavior and establishes guidelines for disciplinary
action. Such Code of Conduct will be applicable in all situations between one
or more students regardless of where they occur, whether written, oral or physical
in nature. For documented violations of this Code of Conduct, a graduated "4
strike" system will be established as follows:
(i) First offense - Notification
of student and parent and corrective action meeting to be held
(i) Second offense
- One day automatic suspension
(ii) Third offense - One week automatic suspension
(iii)
Fourth offense - expulsion for the balance of the school years
(b) Responsibility
and Accountability - The DOE will establish a clear hierarchy of responsibility
of implementation of this legislation. Superintendents in each district are to
be ultimately responsible, followed by the priority positions of administrators
for each school. Administrators will be accountable for meeting minimum standards
and such evaluation will be a component of each administrator's overall evaluation.
The DOE will be required to create disciplinary actions for those administrators
in each school district which fail to meet the standards set by the DOE, including
grounds for dismissal under certain circumstances.
(c) Identification and
ongoing measurement of the environment - Standardized surveys of students are
to be developed for various grade levels (1-4, 5-6, 7-8, and 9-12), and are to
be completed in October, February and May of each year. Results are to be compiled
by an independent agency and results and rankings made available to the public.
Corrective action reports are to be issued by those schools in the bottom 25%
of the Commonwealth.
(d) Bullying curriculums and continuing education for
educators - The DOE will issue guidelines to its constituents requiring a certain
minimum number of hours of the annual curriculum be dedicated towards educating
students on the effects of bullying. Administrators and educators are to be required
to receive a minimum of 8 hours per year on topics related to bullying.
(e)
Reporting and meeting requirements - The DOE will establish guidelines for administrators
and educators to report documented events. In addition, administrators will be
required to communicate to both students and parents on the results of the surveys
and the school rankings against other schools in town and the Commonwealth as
a whole. Students will have a requirement to meet with guidance counselors a minimum
of 3 times per school year. The DOE will develop a standard "report card"
for each student and each educator will be required to include their assessments
on the mental health aspects of each student as part of their semester report
cards. Bullying and socialization are to be directly addressed. Educations are
to have a minimum of 3, thirty-minute mandatory conferences with parents to review
report cards and such conferences will include feedback from guidance counselors.
(f) Safe havens from legal exposures - Administrators and educators are the
de facto fiduciaries of students. Meeting the objectives of fiduciary responsibilities
is addressed in the other subsections. Safe havens are to be established to protect
these individuals from litigation provided they have complied with Commonwealth
guidelines, are not grossly negligent in their duties, recognizing that they are
not psychological professions and their assessments are essentially their opinions.
(g) Process improvements - The DOE will have the responsibility of process
improvements. The DOE should work with specialty agencies and community organizations
to develop pilot programs whose successes will be duplicated in other districts.
Subparagraphs (a), (b), and (f) shall become effective on September 1, 2004
Subparagraphs
(c) and (e) shall become effective on January 1, 2005
Subparagraph (d) shall
become effective on August 31, 2005
Subparagraph (g) shall become effective
on August 31, 2006
All other provisions of this act shall become effective
upon its passage."
Floor Number: 241 Clerk Number: 634
CORI REPORTS
Messrs. Lees,
Tisei, Tarr, Knapik, Brown and Joyce and Mrs. Sprague move to amend the bill by
inserting at the end thereof the following section:-
"SECTION ____. Chapter
6 of the General Laws is hereby amended by inserting after Section 172F the following
new section:-
Section 172G. Notwithstanding any provision of section one hundred
seventy two of this chapter, the district attorney or his designee shall have
the authority to share with the superintendent of any school district or his designee
or headmaster of any school or his designee criminal offender record information
of adjudications of youth for a violent or sexual offense, limited to specific
firearm offenses and felonies involving the infliction or threat of serious bodily
harm pursuant to the definition of youthful offender set forth in Chapter 119
Section 52. Upon receipt of notification by the District Attorney, the principal
must provide written notice of and convene within seven calendar days a meeting
of the youth, the youth's caretakers, an advocate of the family's choice, an interpreter
where necessary, and relevant school personnel who will meet to determine that
the youth is in the proper school setting or to locate alternative educational
services for the youth. The student shall have the right to appeal the placement
to the superintendent. The student shall notify the superintendent in writing
of his request for an appeal no later than five calendar days following the meeting.
The superintendent shall hold a hearing with the student and the student's parent
or guardian within three calendar days of the student's request for an appeal.
At the hearing, the student shall have the right to present oral and written testimony
on his behalf, and shall have the right to counsel. The superintendent shall have
the authority to overturn or alter the decision of the principal or headmaster.
The superintendent shall render a decision on the appeal within five calendar
days of the hearing. Such decision shall be the final decision of the city, town
or regional school district with regard to the student's placement. For the purposes
of this section "alternative educational services" shall consist of
a full time, age appropriate education that is the equivalent of the instruction
in a regular classroom. Subject to the provisions of chapter 71 Section 37H or
37 H ½ and any other state or federal law, this information shall not be
used to suspend, expel or deny future enrollment to a student. This information
shall not be disseminated for any purpose to non-school officials other than as
set forth herein and shall in no way impinge on state and federal privacy or special
education protections guaranteed students. Any dissemination or misuse of this
information for purposes not described in this section shall be subject to a fine
of $1000.
SECTION 2. Section 37H ½ of chapter 71 of the 2000 Official
Edition of the General Laws is hereby amended by inserting in line 3 after the
word "student," the following:-
"the clerk's office shall notify
the superintendent and principal of any city, town, or regional school district
in which the student is enrolled, or for the city or town in which the student
resides, of the existence and nature of the complaint"
SECTION 3. Section
37H ½ of chapter 71 of the 2000 Official Edition of the General Laws is
hereby amended by striking the second paragraph of part (1) and inserting the
following:-
The student shall have the right to appeal the suspension to the
superintendent and if the principal or headmaster of a school in which the student
is enrolled does not suspend the student, said principal or headmaster shall notify
the superintendent of his decision and the superintendent shall have the right
to suspend the student if the superintendent determines that the student's continued
presence in school would have a substantial detrimental effect on the general
welfare of the school. The student shall notify the superintendent in writing
of his request for an appeal no later than five calendar days following the effective
date of the suspension and the superintendent shall notify the student in writing
of his intention to review the principle or head master's decision no later than
five calendar days following the principal or headmaster's decision. The superintendent
shall hold a hearing with the student and the student's parent or guardian within
three calendar days of the student's request for an appeal or superintendent's
notification of his decision to review the headmaster's decision. At the hearing,
the student shall have the right to present oral and written testimony on his
behalf, and shall have the right to counsel. The superintendent shall have the
authority to overturn or alter the decision of the principal or headmaster, including
recommending an alternate educational program for the student. The superintendent
shall render a decision on the appeal within five calendar days of the hearing.
Such decision shall be the final decision of the city, town or regional school
district with regard to the suspension.
SECTION 4. Section 37H ½ of
chapter 71 of the 2000 Official Edition of the General Laws is hereby amended
by inserting in line 32 after the word "delinquency," the following:-
"the
clerk's office shall notify the superintendent and principal of any city, town,
or regional school district in which the student is enrolled, or for the city
or town in which the student resides, of the existence and nature of the conviction,
adjudication or admission"
SECTION 5. Section 37H ½ of chapter
71 of the 2000 Official Edition of the General Laws is hereby amended by striking
the second paragraph of part (2) and inserting the following:-
The student
shall have the right to appeal the suspension to the superintendent and if the
principal or headmaster of a school in which the student is enrolled does not
expel the student, said principal or headmaster shall notify the superintendent
of his decision and the superintendent shall have the right to expel the student
if the superintendent determines that the student's continued presence in school
would have a substantial detrimental effect on the general welfare of the school.
The student shall notify the superintendent in writing of his request for an appeal
no later than five calendar days following the effective date of the expulsion
and the superintendent shall notify the student in writing of his intention to
review the principle or head master's decision no later than five calendar days
following the principal or headmaster's decision. The superintendent shall hold
a hearing with the student and the student's parent or guardian within three calendar
days of the student's request for an appeal or superintendent's notification of
his decision to review the headmaster's decision. At the hearing, the student
shall have the right to present oral and written testimony on his behalf, and
shall have the right to counsel. The superintendent shall have the authority to
overturn or alter the decision of the principal or headmaster, including recommending
an alternate educational program for the student. The superintendent shall render
a decision on the appeal within five calendar days of the hearing. Such decision
shall be the final decision of the city, town or regional school district with
regard to the expulsion.
SECTION 6. Section 37L of chapter 71 of the General
Laws is hereby amended by inserting at the end the following new paragraph:-
Notwithstanding
any provision of sections 168 to 175, inclusive of chapter 6 of the General Laws,
or any other general or special law to the contrary, the superintendent of any
public school district or private school within the commonwealth from which a
student is transferred or transfers, shall within 2 days school days of the request
of the superintendent of any school district or headmaster of any school within
the commonwealth or any out-of state school district to which a student is transferred
or transfers, provide the following: a complete school record of the student,
including but not limited to any documents or information related to the student's
school disciplinary history, school suspensions, expulsion or any incidents reports
in which the student was charged with any violation of school disciplinary policies
or criminal acts, any violation of criminal laws or any information obtained pursuant
to section 172G of chapter 6 of the general laws. If the superintendent of any
school district or headmaster of any school receives criminal information of the
type described in section 172G of chapter 6 the superintendent or headmaster may
convene a meeting pursuant to the provisions of section 172G of chapter 6. Any
dissemination or misuse of this information for purposes not described in this
section shall be subject to a fine of $1000.
SECTION 7. Chapter 71 of the General
Laws is hereby amended by inserting after Section 89 the following new section:-
Local
law enforcement officials may share any information with a superintendent or his
designee when a local law enforcement official is aware of specific information
regarding a student or students that would lead a reasonable person to believe
there is a substantial risk of serious physical injury to a student, teacher or
other employee of the school. The disclosure of such information in no way imposes
an obligation on the school to suspend, expel or request the arrest of the youth
in question.
All such comments must be entered into a log maintained by the
school, which will note the name of the reporting officer, the name of the youth(s),
and the date and time of the report, and the details of the consequences of the
use of the information. A parent or guardian of a student that is named in this
log shall be able to view the log entry for his child and update this entry with
any new information, relevant to the specific information entered in the log.
This log shall be confidential with viewing access limited to the student, his
parent, his advocate, the principal and the superintendent. Any other dissemination
of the information in this log shall be punishable by a fine of $1000. Nothing
in this paragraph shall bar dissemination of information to an individual at risk
as described in the first paragraph of this section."
Floor Number: 242 Clerk Number: 679
TUITION ASSESSMENT LIMIT FOR CERTAIN COMMUNITIES
Mr. McGee of Lynn moves to amend
the bill (S.2400) by inserting at the end thereof the following section:-
"SECTION
____. Notwithstanding the provisions of any general or special law to the contrary,
in any city or town where the state treasurer directed the deduction of more than
fifty percent of the total education aid, as defined in chapter 70, for payment
of charter school tuition for the fiscal year beginning July 1, 2003 and ending
on June 30, 2004, such payment for charter school tuition in fiscal year July
1, 2004 and ending on June 30, 2005, shall not be in excess of the total amount
deducted for the fiscal year beginning July 1, 2003 and ending on June 30, 2004."
Floor Number: 243 Clerk Number: 689
REIMBURSEMENT RATE FOR NEW CHARTER SCHOOLS
Mr. McGee moves to amend the
bill (S. 2400) by inserting, at the end thereof the following section: -
Section
____. Notwithstanding the provisions of any general or special law to the contrary,
for the fiscal year beginning July 1, 2004 and ending on June 30, 2005, the Department
of Education shall approve a reimbursement rate of 100 percent of the per-pupil
charter school tuition for all school districts with charter schools approved
after January 1, 2004.
Floor Number: 244 Clerk Number: 692
EDUCATIONAL COLLABORATIVES
Mr.
Magnani of Framingham moves to amend the bill by adding the following new section:
Section
___: "Chapter 40 of the General Laws by striking out section 4E, as appearing
in the 2000 Official Edition, and inserting in place thereof the following section:
Pursuant to the provisions hereof, two or more school committees of cities, towns
and regional school districts may enter into a written agreement to conduct education
programs and services which shall complement and strengthen the school programs
of member school committees and increase educational opportunities for children.
The school committees shall collaborate to offer such programs and services, and
the association of school committees which is formed pursuant hereof to deliver
such programs and services shall be known as an education collaborative. The purpose
of the education collaborative shall be to enable school districts to operate
more efficiently and economically; assist school districts in improving student
performance; and implement initiatives assigned by the general court or the commissioner
of education. The education collaborative shall have a board of directors which
shall have the power to select and terminate the executive director of the collaborative,
to review and approve budgets for the collaborative and to establish policies
for the collaborative which are consistent with the requirements of the law. The
board of directors shall be comprised of one person appointed by each member school
committee. Such person shall be either a school committee member or designee or
the superintendent of schools. Each board member shall be entitled to one vote.
The written agreement which shall form the basis of the education collaborative
shall set forth the purposes of the program or service, the financial terms and
conditions of membership of the education collaborative, the method of termination
of the education collaborative and of the withdrawal of member school committees,
the procedure for admitting new members and for amending the collaborative agreement,
the powers and duties of the board of directors of the education collaborative
to operate and manage the education collaborative and any other matter not incompatible
with law which the member committees deem advisable. The agreement shall be subject
to the approval of the member school committees and the commissioner of education.
The commissioner of education shall develop in conjunction with collaborative
directors and the Massachusetts Organization of Educational Collaboratives and
promulgate a board of education approved policy on education collaboratives. Such
policy shall be reviewed every five years by the board. Each board of directors
of an education collaborative shall establish and manage a trust fund, to be known
as an Education Collaborative Trust Fund, and each such fund shall be designated
by an appropriate name. All monies contributed by the member municipalities, and
all grants or gifts from the federal government, state government, charitable
foundations, private corporations, or any other source, shall be paid to the board
of directors of the education collaborative and deposited in the aforesaid Fund.
The board of directors of the education collaborative shall appoint a treasurer
who may be a treasurer of a city, town or regional school district belonging to
such collaborative. Such treasurer shall be authorized, subject to the direction
of the board of directors of the education collaborative, to receive and disburse
all monies of the trust fund without further appropriation. The treasurer shall
give bond annually for the faithful performance of his duties as collaborative
treasurer in a form approved by the department of revenue and in such sum, not
less than the amount established by said department, as shall be fixed by the
board of directors of the education collaborative. The board of directors of the
education collaborative in its discretion may pay compensation to the treasurer
for his services. No member of the board of directors of the education collaborative
shall be eligible to serve as treasurer of said collaborative. The treasurer of
the education collaborative board of directors shall have the authority to make
appropriate investments of the monies of the Education Collaborative Trust Fund
consistent with the provisions of section 54 of chapter 44.The board of directors
of the education collaborative shall have the authority to borrow money, enter
into long-term or short-term loan agreements and mortgages, apply for and be eligible
to receive state, federal or corporate grants or contracts subject to the approval
of the collaborative board members. For the purpose of applying for and receiving
state, federal, or corporate grants or contracts only, education collaboratives
shall be considered education service agencies. The board of directors of the
education collaborative shall employ, and fix the compensation of an executive
director. The executive director shall manage the education collaborative in a
fashion consistent with state and federal law, board of education regulations,
and policy determinations of the board of directors. The executive director, consistent
with the collaborative's policies and budgetary restrictions, shall be responsible
for hiring, supervising, overseeing, and terminating all personnel employed by
the collaborative. The education collaborative shall be deemed to be a public
employer, the representative of which is the board of directors. No person shall
be eligible for employment by said collaborative as a teacher of children with
intense special needs, teacher of children with special needs, teacher, guidance
counselor, school psychologist, school adjustment counselor, school social worker,
school nurse, supervisor or director unless he has been granted by the commissioner
a provisional or standard certification pursuant to section 38G of chapter 71
or an approval under regulations promulgated by the board of education under chapter
71B or chapter 74 with respect to the type of position for which he seeks employment.
The executive director of the collaborative shall implement the regulations and
guidelines issued pursuant to section 38G of chapter 71. A board of directors
of an education collaborative may, upon its request, be exempted by the board
of education for any one school year from the requirements of this section to
employ certified or approved personnel when compliance therewith would in the
opinion of the board constitute a great hardship. Pursuant to Section 2 of Chapter
132 of the Acts of 1981, this paragraph shall not apply to any person employed
by an education collaborative on the effective date of that act. An employee or
volunteer of an education collaborative shall be immune from liability to the
same extent as an employee or volunteer of a school district. The education collaborative
shall be deemed to be a public entity, subject to or exempt from taxation in the
same manner as a city, town or regional school district, and shall have standing
to sue and be sued to the same extent as a city, town, or regional school district.
An education collaborative, acting through its board of directors, may enter into
contracts for the purchase of supplies, materials, services, and for the purchase,
sale or leasing of land, buildings and equipment as deemed necessary by such board
of directors. A school committee of any city, town or regional school district
may authorize the prepayment of monies for any educational program, or service
of the educational collaborative, to the treasurer of an education collaborative,
and the city, town or regional school district treasurer shall be required to
approve and pay such monies in accordance with the authorization of the school
committee".
Floor Number: 245 Clerk Number: 727
RELATIVE TO CHARTER SCHOOLS
Mr. Antonioni, Ms. Sprague, Mr. Hedlund,
Mr. Baddour and Mr. Hart move to amend the bill by striking Section 123 and inserting
in place thereof the following new Section:-
SECTION 123. Notwithstanding the
provisions of any general or special law to the contrary, the authority of the
board of education to grant commonwealth charters to any applicant pursuant to
section 89 of chapter 71 of the general laws is suspended until July 31, 2005,
or until such time as a new tuition formula consistent with the recommendations
of the house and senate working group authorized in this section has been enacted
into law, whichever is sooner. During said period, the board of education shall
not authorize additional enrollment, beyond that approved by the board prior to
April 1, 2004, in any existing or previously authorized commonwealth charter school.
There is hereby established a house and senate working group to study all
aspects of, make recommendations on how to improve, and develop legislation to
change, the current tuition financing system for charter schools. The first meeting
of the working group shall take place within 30 days of the passage of this act.
The working group shall consist of the speaker of the house of representatives,
or his designee, the president of the senate, or his designee, the minority leaders
of the house and senate, or their designees, the house and senate chairs of the
joint committee on education, arts, and humanities, and the chairs of the house
and senate committees on ways and means. To assist in its study, said working
group shall contract with a third party with experience in educational funding,
financial analysis and municipal finance to conduct independent analysis of charter
school funding, provided not less than $100,000 shall be appropriated for such
independent study and analysis. The independent study shall include an analysis
of the following: specific revenues, costs, and services represented in the average
cost per student formula; specific revenues, costs, and services not represented
in the average cost per student formula; specific revenues, costs, and services
in charter schools and a comparison of revenues, costs and services in school
districts to those in charter schools. Based on the findings of its study, the
working group shall make recommendations on how the existing financing system
can be improved in order to more closely align the funds sent to charter schools
from state and local sources with the funds that would have been expended on the
education of the charter school students if they remained in the districts from
which they are drawn. The recommendations shall reflect actual costs associated
with the grade level, program participation, and demographic profile of students
attending charter schools, including all facilities and capital costs, transportation
costs and other factors which contribute to the actual cost of educating these
students. The working group shall also examine the relationship between charter
funding and state education funding under the provisions of Chapter 70 of the
General Laws, and shall ensure that any recommendations for changes in charter
school funding are consistent with the principles, objectives, and formulas embodied
in the funding formula under Chapter 70. Any legislation proposed by the working
group shall require that funding be reflective of the grade level, program participation,
and demographic profile of the actual students enrolled in charter schools. The
working group shall compile data which compares the demographic profile and educational
needs that characterize charter school students with those that characterize students
in the districts from which they are sent. The working group shall solicit advice
from such persons and entities as they deem necessary, including the department
of education, as well as associations representing superintendents, school budget
officers, municipal officials, and charter schools. The working group shall file
a report containing its recommendations, including legislation necessary to carry
out its recommendations, with the joint committee on education, arts, and humanities
on or before December 1, 2004.
Floor Number: 246 Clerk Number: 778
CHARTER SCHOOL CAP
Mr.
Hedlund moves to amend the bill, after Section ______, the following new Section:-
"SECTION____.
Section 1. Section 6 of chapter 46 of the acts of 1997 is hereby repealed.
Section
2. Notwithstanding subsection (i) of section 89 of chapter 71 of the general laws
or any other general or special law to the contrary, the commissioner of education
may assess additional charter school tuition charges to the Hull, Nauset, and
Up Island school districts' net school spending not to exceed 13% of the Hull
school district's net school spending, 12% of the Up Island school district's
net school spending, and 11% of the Nauset regional school district's net school
spending in order to provide for the continuing education of students from said
districts enrolled in charter schools as of October 1, 2004.".
Floor Number: 247 Clerk Number: 275
RELATIVE TO EARLY CHILDHOOD EDUCATION AND CARE
Ms. Creem moves that the bill
(S.2400) be amended by striking out Sections 255, 256, 257 and 258.
And
in Section 2, by striking the language and the appropriation in line item 7062-0000
and inserting in place thereof the following:-
7062-0000 For the maintenance
and operation of the board of early education and care; provided that said board
may enter into interagency service agreements with other state agencies for the
administration of early education and care services………$50,000
And in Section 35, in Section 1, by striking subsection (b) (2) and inserting
in place thereof the following:-
(2) to encourage family choice by ensuring
a mixed system of high-quality public and private programs, with local points
of entry, staffed by well-qualified professionals;
And in Section 35,
in Section 1, by striking subsection (b) (6) and inserting in place thereof the
following:-
(6) to develop a seamless service delivery system with early
childhood programs administered by local, state and federal agencies with local
points of entry.
And in Section 35, in Section 1, by striking subsection
(c ) and inserting in place thereof the following new subsection:-
(c
) There shall be a board of early education and care, hereinafter referred to
as the board. The board shall set policies and establish regulations related to
early education and care programs, services and contracts. The board shall consist
of the secretary of the executive office of health and human services, ex officio,
the commissioner of the department of education, ex officio, the chancellor of
higher education, ex officio, one member appointed by the auditor of the commonwealth,
and five members appointed by the governor. Of the members appointed by the governor,
one shall be a representative of the business community, selected by the governor
from a list of three nominees provided by the Massachusetts Business Alliance
for Education, who shall have had practical experience in the management and administration
of early education and care programs; one current or former early education teacher
selected by the governor from a list of three nominees provided jointly by the
Massachusetts State Labor Council, AFL-CIO and the Massachusetts Teachers Association;
one shall be a pediatrician with a focus on child development, selected by the
governor from a list of three nominees provided by the Massachusetts Chapter of
the American Academy of Pediatrics; one shall be a representative of parents selected
by the governor from a list of three nominees provided by the Massachusetts Association
of Community Partnerships for Children; and one shall be a person nationally recognized
for research in the field of educational or developmental psychology selected
by the governor from a list of three nominees provided by the Massachusetts Society
for Research in Child Development. In making such selections, the governor shall
seek to appoint persons who are from geographically diverse regions of the commonwealth,
who are familiar with the differing interests, perspectives and needs of urban,
rural and suburban regions, and who reflect the ethnic and racial diversity of
the population served by the commonwealth's early education and care services.
Five members shall constitute a quorum, and the affirmative vote of five members
shall be necessary for any action taken by the board.
Appointed members shall
serve for terms of five years. Notwithstanding the provisions of any general or
special law to the contrary, of the five initial board members appointed by the
governor, one shall be appointed for a one year term, one shall be appointed for
a two year term, one shall be appointed for a three year term, one shall be appointed
for a four year term, and one shall be appointed for a five year term; provided
that the initial board member appointed by the auditor shall be appointed for
a term of five years. No member shall be appointed to serve more than two consecutive
full terms. Upon expiration of the term of office of an appointed member, a successor
shall be appointed in like manner. A vacancy shall be filled by the governor or
auditor, as the case may be, for the remainder of the term. If the governor does
not make an appointment for any vacancy of a gubernatorial appointee within nine
months, the auditor of the commonwealth shall make said appointment. If an appointed
member is absent from any five regularly scheduled meetings, exclusive of July
and August, in any calendar year, his office as a member of said board shall be
deemed vacant. The chairperson of the board shall forthwith notify the governor
and the auditor that such vacancy exists.
No appointive member of said board
shall be employed by or receive regular compensation from the department of early
education and care. The board shall appoint a chairperson by a majority vote of
all of its members. The board shall meet not fewer than ten times annually at
the call of the chairperson. The members of the board shall serve without compensation,
but shall be reimbursed for all expenses reasonably incurred in the performance
of their duties.
And in Section 35, in Section 5, by striking the last
sentence and inserting in place thereof the following sentence: -
The
board, in consultation with the board of higher education and the board of education,
shall oversee a workforce development system designed to support the education,
training and compensation of the early education and care workforce, including
all center, family child care, infant, toddler, preschool and school-age providers;
further, the board shall ensure that the teacher qualification requirements comply
with the department of education's program standards.
And by inserting
at the end thereof the following new sections:
SECTION __. There is hereby
established an advisory committee on early education and care for the purpose
of undertaking a study and making recommendations on those foundational and organization
elements that will allow the state to build a first-rate early education and care
system that provides every three and four year old child access to a high quality
early education and care program which meets professionally accepted standards
and is delivered by a well-trained early educator in a variety of public and private
settings under the provisions of chapter 15D, and in conjunction with special
education services offered by the department of education, if applicable. In carrying
out its study, the advisory committee shall review relevant documents, including
the 2001 Report of the Governor's Commission on School Readiness and the 2004
Report of the Massachusetts Early Education and Care Council. The advisory committee
shall identify elements of a workforce development system designed to support
the education, training and compensation of the early education and care workforce
and shall make recommendations on how to ensure that teacher qualification requirements
comply with department of education program standards. The advisory committee
shall seek to determine elements of a multi-purpose school readiness assessment
system for preschool children, as well as an independent evaluation mechanism
to monitor program quality. The advisory committee shall consider how to align
the new department of early education and care with the department of education's
early learning services.
The advisory committee shall consist of the house
and senate chairs of the joint committee on education, arts, and humanities, who
shall serve as co-chairs of the advisory committee, the speaker of the house of
representatives, or his designee, the senate president, or his designee, the house
minority leader, or his designee, the senate minority leader, or his designee,
the governor, or his designee, the chair of the house ways and means committee,
or his designee, the chair of the senate ways and means committee, or his designee,
the chair of the children's caucus, or his designee, the commissioner of education,
or his designee and one person appointed by said commissioner from early learning
services, the chancellor of higher education, or his designee, the commissioner
of public health, or his designee, the commissioner of the office of child care
services, or his designee, and one person appointed by said commissioner from
the office of child care services, the commissioner of the department of social
services, or his designee, the commissioner of the department of mental health,
or his designee, the commissioner of the department of transitional assistance,
or his designee, the commissioner of the department of mental retardation, or
his designee, and one representative selected by each of the following organizations:
the Massachusetts Association for the Education of Young Children, the Children's
Trust Fund, Massachusetts Head Start Association, Strategies for Children, the
Massachusetts Association of Community Partnerships for Children, the Massachusetts
Association of Day Care Administrators, the U.S. Department of Health and Human
Services Administration for Children and Families, the Massachusetts Child Care
Resource and Referral Agencies Network, the Massachusetts Independent Child Care
Organization, the Early Intervention Consortium, the Massachusetts Teachers Association,
the Massachusetts Federation of Teachers, the Massachusetts Association of School
Committees, the Massachusetts Elementary School Principals, the Massachusetts
Chapter of the American Academy of Pediatrics, the Federation for Children with
Special Needs, the YMCA's of Massachusetts, The Massachusetts Association of Early
Childhood Teacher Educators, the Massachusetts Association of School Superintendents,
the Massachusetts Community Colleges Executive Office, the Massachusetts Council
of State College Presidents, the Massachusetts Association for Community Action,
and five additional members appointed by the advisory committee co-chairs, one
of whom shall be a representative of a family child care system, and one of whom
shall be a parent.
The advisory committee shall submit a report containing
its recommendations by filing the same with the clerks of the senate and house
of representatives, the senate and house committees on ways and means, and the
joint committee on education, arts, and humanities not later than December 31,
2004.
SECTION ___. The council on early education and care created pursuant
to section 608 of chapter 140 of the acts of 2003 shall develop a comprehensive
plan to consolidate and transfer the management and administration of programs,
services, contracts and funding for existing early education and care programs
and services from the department of education and the office of child care services,
to the department of early education and care, established pursuant to Chapter
15D. Further, the council shall identify, if possible, statutory and regulatory
duplication of early education and care program administration and services and,
if possible, recommend consolidation of early education and care line items. The
council shall recommend how the new department of early education and care will
be aligned with the Department of Education's Early Learning Services and how
to implement the programs required under section 54 of Chapter 15 of the General
Laws under any new administrative structure.
The council shall submit a report
containing its recommendations by filing the same with the clerks of the senate
and house of representatives, the senate and house committees on ways and means,
and the joint committee on education, arts, and humanities not later than December
31, 2004; provided that the work of the council shall end upon the submission
of said report.
Floor Number: 248 Clerk Number: 789
EARLY EDUCATION AND CARE
Mr. Antonioni, Mr. Joyce, Mr. McGee,
and Ms. Resor moves that the bill be amended by striking Section 35, Section 1,
subsection (b) (2) and inserting the following words:-
"(2) To encourage
family choice by ensuring a mixed system of high-quality public and private programs,
with local points of entry, staffed by well-qualified professionals."
Mr.
Antonioni, Mr. Joyce, Mr. McGee, and Ms. Resor further moves that the bill be
amended by striking Section 35, Section 1, subsection (b) (6) and inserting the
following words:-
"(6) To develop a seamless service delivery system
with early childhood programs administered by local, state and federal agencies
with local points of entry."
Mr. Antonioni, Mr.
Joyce, Mr. McGee, and Ms. Resor further moves that the bill be amended in Section
255 in paragraph (a) by inserting after the words "access to a high-quality
early education and care program that meets professionally accepted standards"
the following words: - "including, but not limited to, the Early Childhood
Program Standards and Guidelines for Preschool Learning Experiences established
by the Board of Education,"
Mr. Antonioni, Mr. Joyce, Mr. McGee, and
Ms. Resor further amends this Section in paragraph (b) by striking the third sentence
and inserting in place thereof the following sentence:-"The plan shall make
recommendations for consolidating the functions of the office of child care services,
the office of school readiness of the department of education, and the department
of early education and care and take into consideration the program requirements
under section 54 of chapter 15 of the general laws. The plan shall make recommendations
regarding certification and take into consideration the teacher qualification
requirements within the department of education's program standards."
Mr.
Antonioni, Mr. Joyce, Mr. McGee, and Ms. Resor further moves that the bill be
amended in Section 256 (a) by striking out the following words: "The office
of child care services, in consultation with the" and inserting in place
thereof the following word: - "The."
Floor Number: 249 Clerk Number: 194
SEIU CONTRACT AT UMASS BOSTON
Mr. Hart, Mr. Morrissey, Mr. Hedlund, Mr. Joyce, Ms. Wilkerson and Mr. Barrios move to amend the bill, in section 2, in item 1599-4121, in line 24, by inserting after the word "UAW" the following words:- "and the Service Employees International Union, Local 888 (formerly Local 285), AFL-CIO, Classified Unit".
Floor Number: 250 Clerk Number: 510
UMASS BOSTON SENIOR FEE WAIVER
Mr.
Joyce moves to amend the bill, in section 2, in item 7070-0065, in line 51, by
inserting after "program" the following:
"; and provided further,
that University of Massachusetts of Boston shall waive the fees for not less than
50 students over the age of 60 in the Manning Certificate Program;"