EDU 262
Messrs. Eldridge and O'Leary and Ms. Fargo moved that the bill be amended, in section 2, in item 7010-0005, by inserting at the end thereof the following - “provided further, that not less than $100,000 shall be allocated for the purposes of offering a no-cost method to schools and districts for professional development to build the skills of all staff members, including but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities and paraprofessionals, to prevent, identify, and respond to bullying; provided further, that the content of such professional development shall include, but not be limited to developmentally appropriate strategies to prevent bullying incidents; developmentally appropriate strategies for immediate, effective interventions to stop bullying incidents; information regarding the complex interaction and power differential that can take place between and among a perpetrator, victim and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment; information on the incidence and nature of cyber-bullying; and internet safety issues as they relate to cyber-bullying; and provided further that said no-cost method may also include a “train-the-trainer” model, so-called, with demonstrated success” and in said item by striking out the figures “$13,100,000” and inserting in place thereof the figures “$13,200,000”.
WITHDRAWN
Redraft EDU 366
Ms. Creem moved that the bill be amended, in section 2, in item 7061-0012,
by striking out the figure “$133,119,160” and inserting in place thereof the figure “146,431,076”
EDU 367
SPECIAL EDUCATION REIMBURSEMENT
Mr. Joyce moved that the bill be amended, in section 2, in item 7061-0012 by striking $133,119,160 and inserting $146,431,076.
EDU 368
WITHDRAWN
EDU 369
RECOVERY HIGH SCHOOLS TECHNICAL CHANGE
Mr. Tolman moved that the bill be amended by inserting at the end thereof the following new Section: -
Section XX: “Chapter 65 Section 27 of the Massachusetts Session Laws of 2009, is hereby amended after the words, “that provides (i) a comprehensive 4-year high school education and (ii) a structured plan of recovery,” by striking the following:-
“(b) A school district shall transfer the state average chapter 70 per pupil allotment to a Recovery High School for a student meeting the following criteria:”
And inserting in place thereof:-
“(b) A school district shall transfer the state average foundation budget per pupil to a Recovery High School for any student meeting the following criteria:”
EDU 370
WITHDRAWN
Redraft EDU 371
BUREAU OF SPECIAL EDUCATION APPEALS
Mr. O'Leary moved that the bill be amended by inserting at the end thereof the following new section:-
“SECTION XX.
SECTION 1. Section 4H of chapter 7 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph:-
In accordance with section 2A of chapter 71B, the division shall provide, through the bureau of special education appeals, adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between or among parents, school districts, private schools, and state agencies concerning (i) any matter relating to the identification, evaluation, or educational program or placement of a child with a disability or the provision of a free and appropriate public education to the child arising under chapter 71B and its implementing regulations or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its implementing regulations or (ii) a student’s rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its implementing regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division. The costs incurred by the division in carrying out its duties pursuant to this paragraph shall be borne by the department of elementary and secondary education. These costs and the costs of carrying out the division’s other duties shall be kept separate to the extent practical, except that the costs of administrative support for the bureau of special education appeals shall be allocated to the bureau of special education appeals under a reasonable formula determined by the commissioner of elementary and secondary education and the chief administrative magistrate. The commissioner of elementary and secondary education and the chief administrative magistrate shall periodically enter into memoranda of understanding to set forth the obligations of their respective organizations in carrying out this paragraph, as described in section 2A of chapter 71B. The director of the bureau of special education appeals shall participate in the negotiations with regard to the memorandum of understanding and the commissioner of elementary and secondary education and the chief administrative magistrate shall make all reasonable efforts to incorporate the director’s views in entering into the memorandum of understanding. The director of the bureau of special education appeals shall issue an annual report regarding his or her views about the memorandum of understanding to the chief administrative magistrate and the Bureau of Special Education Appeals Advisory Council.
SECTION 2. Chapter 71B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 2 the following section:-
Section 2A. (a) There shall be a bureau of special education appeals which shall provide adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between and among parents, school districts, private schools, and state agencies concerning (i) any matter relating to the identification, evaluation, education program or educational placement of a child with a disability or the provision of a free and appropriate public education to the child arising under chapter 71B and its implementing regulations or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its implementing regulations or (ii) a student’s rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its implementing regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division of administrative law appeals. The methods of alternative dispute resolution that may be provided by the bureau of special education appeals shall include those conducted by hearing officers, including without limitation settlement conferences and advisory opinion procedures, to facilitate efficient resolution of disputes for which a hearing has been requested before the bureau of special education appeals. The bureau of special education appeals shall be maintained and operated as a separate subdivision of the division of administrative law appeals independent of the department of elementary and secondary education. The division of administrative law appeals shall provide the following administrative support functions to the bureau of special education appeals on an integrated basis with the same administrative support functions of the division to the extent agreed upon in and paid for pursuant to the memorandum of understanding entered into under subparagraph (d): personnel administration, finance, facility operations, technology support, and clerical support.
The bureau shall be administered by a full-time director, who shall be appointed by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education, and who shall report to the chief administrative magistrate. The director of the bureau of special education appeals shall have operational authority over the bureau of special education appeals and its hearing officers and mediators except to the extent such authority is limited by the provisions of this section. The chief administrative magistrate shall supervise the director of the bureau of special education appeals. The director shall be an attorney with extensive knowledge and experience in the areas of litigation, administrative law and special education law. Before hiring a director of the bureau of special education appeals, the chief administrative magistrate shall provide a reasonable opportunity for an interview committee consisting of no more than five of the bureau’s hearing officers and mediators to interview finalists for the position and provide feedback to the chief administrative magistrate on such finalists. The chief administrative magistrate, hearing officers and mediators shall ensure that the names of such candidates are kept confidential.
The chief administrative magistrate and director of the bureau of special education appeals shall ensure that the bureau of special education appeals and its hearing officers and mediators comply with the minimum standards established under statute, regulation and division policy with respect to the functions provided herein. The chief administrative magistrate and director of the bureau of special education appeals shall have all powers necessary and proper for carrying out these responsibilities. Any decision to terminate the employment of the director of the bureau of special education appeals shall be made by the chief administrative magistrate in consultation with the commissioner of elementary and secondary education. The chief administrative magistrate and the director shall meet regularly to review the management and administration of the bureau, including compliance with federal timelines, quality standards, personnel and issues as they may arise with respect to the matters covered in the memorandum of understanding entered into pursuant to subparagraph (d).
The department of elementary and secondary education shall retain responsibility for general supervision of the bureau of special education appeals as specified in and consistent with the federal Individuals with Disabilities Education Act, 20 U.S.C. sections 1400 et seq. and shall ensure compliance of the dispute resolution system with said statutes. The department of elementary and secondary education shall perform all oversight necessary for carrying out these responsibilities. The department of elementary and secondary education may request and shall receive periodic reports necessary to respond to the reporting requirements regarding hearings and mediations of the federal Individuals with Disabilities Education Act.
The board of elementary and secondary education may issue regulations establishing minimum standards for the dispute resolution system for special education, including minimum standards for the qualifications, competence, and impartiality of hearing officers and mediators, and such other standards and requirements as needed to ensure compliance with all applicable federal laws and regulations and quality standards. The director of the bureau of special education appeals in consultation with the chief administrative magistrate may issue such rules and procedures as are needed to carry out the bureau’s functions, provided that the director shall consult with the commissioner of elementary and secondary education prior to the issuance of said rules and procedures, and provided further, that all such rules and procedures shall be consistent with applicable statutes, the board’s regulations and the division of administrative law appeal’s policies.
(b) The division of administrative law appeals shall protect the confidentiality of any personally identifiable data, information, and records collected or maintained by the bureau of special education appeals consistent with the federal Individuals with Disabilities Education Act and other applicable state and federal laws and regulations.
(c) Hearing officers shall be hired by the director of the bureau of special education appeals under the direction and supervision of the chief administrative magistrate. Hearing officers for the bureau of special education appeals shall be knowledgeable and experienced attorneys who meet the qualifications and criteria set forth in 34 C.F.R. Section 300.511(c) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and board of elementary and secondary education regulations. Mediators shall be hired by the director of the bureau of special education appeals under the direction and supervision of the chief administrative magistrate. Mediators shall be knowledgeable and skilled and meet the qualifications and criteria set forth in 34 C.F.R. Section 300.506(b) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and board regulations. Said employees shall work exclusively on matters within the bureau’s jurisdiction. The director shall not assign matters subject to the jurisdiction of the bureau of special education appeals to non-bureau hearing officers or other employees of the division; provided, however, that the director may on a temporary basis assign matters to hearing officers or mediators outside the bureau if necessary due to temporary caseload increases or temporary absences of bureau staff; provided that any such outside hearing officer or mediator shall meet the same standards and qualifications as required for bureau staff and shall only be assigned special education cases for the duration of such temporary assignment; and provided that such temporary assignment shall not extend in duration longer than 6 months and that the director shall make every effort to hire additional hearing officers and mediators if necessary to avoid assignment of matters to hearing officers or mediators outside the bureau; and provided further that any such temporary assignments shall be reported to the Bureau of Special Education Appeals Advisory Council not less than every 6 months.
(d) The commissioner of elementary and secondary education and the chief administrative magistrate of the division of administrative law appeals shall enter into a memorandum of understanding and may amend the memorandum from time to time. The director of the bureau of special education appeals shall participate in the negotiations with regard to the memorandum of understanding and the commissioner of elementary and secondary education and the chief administrative magistrate shall consider and make all reasonable efforts to incorporate the director’s views in entering into the memorandum of understanding. The memorandum shall include but not be limited to: the budget and staffing for the bureau of special education appeals; the range of dispute resolution options that the bureau of special education appeals will offer, including protocols and procedures to encourage pre-hearing dispute resolution; the allocation of the division of administrative law appeals’ administrative support costs; the transfer of books, papers, records, documents, and equipment from the department of elementary and secondary education to the division of administrative law appeals; the transfer of outstanding contracts and obligations related to the bureau’s activities from the department of elementary and secondary education to the division of administrative law appeals; and the establishment of performance standards and measures for the bureau’s activities. The department of elementary and secondary education shall annually enter into an interagency service agreement with the division of administrative law appeals whereby the department shall provide funding for the bureau’s operations as set forth in section 4H of chapter 7 of the General Laws and the memorandum of understanding.
(e) There is hereby established a Bureau of Special Education Appeals Advisory Council. The Council shall be comprised of 1 representative appointed by the speaker of the house of representatives and 1 representative appointed by the president of the senate who shall act as co-chairs; a member designated by the Massachusetts Association of School Superintendents; a member designated by the Massachusetts Association of School Committees; a member designated by the Massachusetts Association of Special Educators; a member designated by the Federation for Children with Special Needs; a member designated by the Disability Law Center; and a member designated by the Massachusetts Advocates for Children. Pursuant to the department’s responsibilities for general supervision of the bureau of special education appeals, the commissioner of elementary and secondary education or his designee shall participate in meetings of the Council. The Council’s duties shall include but not be limited to providing advice and feedback to the chief administrative magistrate of the division of administrative law appeals, the director of the bureau of special education appeals, and the commissioner of elementary and secondary education with respect to the bureau’s performance in providing for the fair and timely resolution of disputes under federal and state laws governing special education; matters related to the memorandum of understanding entered into by the chief administrative magistrate of the division of administrative law appeals and the commissioner of elementary and secondary education with the input of the director of the bureau of special education appeals; compliance data; the range and types of alternative dispute resolution mechanisms; mechanisms and resources for providing trainings; hearing and mediation data; mechanisms for improving access for pro se parents and outreach to families who are non-English speaking; and mechanisms to ensure that the bureau is appropriately maintained and operated both as a separate subdivision of the division of administrative law appeals and independent of the department of elementary and secondary education. Said council shall first meet no later than 45 days after the effective date of this act and shall include in its duties advice and feedback relating to the bureau of special education appeals’ transition to the division of administrative law appeals.
SECTION 3. Section 3 of said chapter 71B is hereby amended by inserting after the words “may hold hearings”, in line 218, the following words:- through the bureau of special education appeals.
SECTION 4. (a) Notwithstanding any general or special law to the contrary, the dispute resolution functions of the bureau of special education appeals, which was established as an independent entity by the department of elementary and secondary education within the executive office of education, its employees, proceedings, rules and regulations, and legal obligations are hereby transferred to the division of administrative law appeals as established pursuant to section 4H of chapter 7 of the General Laws.
(b) Those employees of the department of elementary and secondary education covered by a collective bargaining agreement and who, before the effective date of this act, were assigned to the bureau of special education appeals, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws, are hereby transferred to the division of administrative law appeals without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employees, and without reduction in compensation or salary grade, and without loss of accrued rights to holidays, sick leave, vacation and other benefits, and without change in union representation, if any, or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws. Notwithstanding any general or special law to the contrary, all employees assigned to the bureau of special education appeals covered by collective bargaining agreements shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall confer upon an employee any right not held immediately before the date of this transfer, or prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before the transfer date.
(c) The assistant director of the bureau of special education appeals is hereby transferred to the division of administrative law appeals as the initial director of the bureau of special education appeals without interruption of service within the meaning of section 9A of chapter 30 of the General Laws, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits. The reorganization shall not impair any civil service status of such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.
(d) All petitions, requests, hearings, and other proceedings appropriately and duly brought before the bureau of special education appeals and pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the bureau of special education appeals as part of the division of administrative law appeals.
(e) All orders issued by the bureau of special education appeals that are in force immediately before the effective date of this act shall continue in full force and effect in accordance with the terms of such orders.
(f) All rules and regulations governing the bureau of special education appeals which are in force immediately before the effective date of this act shall continue in full force and effect until superseded, revised, rescinded, or canceled by the board of elementary and secondary education in consultation with the director of the bureau of special education appeals and the chief administrative magistrate of the division of administrative law appeals.
Redraft EDU 372
DESE/DDS PROGRAM TO PREVENT OUT OF HOME PLACEMENT
Ms. Walsh, Ms. Tucker and Mr. Timilty moved that the bill be amended, in section 2, in item 7061-0012, by inserting in line 9 after the words: “make available to the department of developmental services”, the words: “no less than $4,000,000”; and moved further to amend the bill in section 2b in line item 5948-0012, crossing out $2,481,000 and replacing it with $4,000,000.
EDU 373
JOBS FOR BAY STATE GRADUATES
Ms. Menard moved that the bill be amended, in section 2, by inserting after item 7010-0033 the following item:
7027-0016 For matching grants for Jobs for Bay State Graduates, Inc., for school-to-work programs; provided, that the board of elementary and secondary education shall establish guidelines for such programs in consultation with the department of workforce development; provided further, that any funds distributed from this item to cities, towns or regional school districts shall be deposited with the treasurer of the city, town or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special law to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; provided further, that the board of elementary and secondary education may determine the percentage match required on an individual grant basis; and provided further, that no funds shall be expended for personnel.................................................................................... $450,000
Redraft EDU 374
EDUCATION AID SHORTFALL RESERVE
Ms. Fargo moved that the bill be amended, in section 2, in item 7061-0033, by inserting after the words “grants provided in this item shall be” the following words:- “apportioned equally to impacted towns and”; and in said item, by inserting after the words “fiscal year 2011” the following words:- “in an amount not to exceed $95,000 for”.
EDU 375
CITIZEN SCHOOLS
Mr. O'Leary moved that the bill be amended, in section 2, in item 7061-9408, by inserting at the end thereof the following:-
“; provided that funds may be expended for a middle school pilot program between school districts and partner organizations with an established record of partnering with middle schools to increase learning time and student performance, provided that preference shall be given to said partner organizations that: have the capacity to serve not less than 25% of a district’s middle school population; make available documentation of $1 in private sector, local or federal funds for every $1 in state funds, have conducted at least one independent longitudinal study showing significant gains in student performance in any of the following: MCAS scores, school attendance, student grades, or long-term high school graduation rates, employs student family engagement practices, deliver services to schools as either an Expanded Learning Time (ELT) or After-School partner and have data sharing agreements and MOUs in place with middles schools to ensure the timely and effective sharing of grade progress and other formative or diagnostic measurement of student progress.”
Redraft EDU 376
Mr. O'Leary moved that the bill be amended by inserting at the end thereof the following new section:-
“SECTION X Section 3 of Chapter 71B of the General Laws is hereby amended by adding at the end thereof the following paragraph:
Notwithstanding any general or special law to the contrary, when a placement decision for students with special needs is modified through an assessment by the department of children and families, and results in a student being moved from a program that was of no cost to the district, to a program for which the district would be responsible for a portion of the students’ tuition, the department of children and families shall meet with the school district prior to any pursuant change in the placement of the student. This meeting shall include at least one member of the IEP Team and one representative from the district, and shall determine whether the current placement meets the special needs of the student.”
EDU 377
READING RECOVERY
Mr. Baddour, Mr. Hart and Ms. Walsh moved that the bill be amended, in section 2, in item 7010-0033, by striking the words “and the Reading Recovery program;”and striking the figure “$4,075,489” and inserting in place therof the figure “$3,075,489”.
and further by inserting after the line item 7010-0033, the following new line item,
“7030-1005.. For Reading Recovery, a one to one, early intervention, individual tutorial literacy program designed as a pre-special education referral and short-term intervention for children who are at risk of failing to read in the first grade; provided, that said program shall provide ongoing documentation and evaluation of results........ $1,000,000”
EDU 378
HUMAN SPEECH AUDIO TEXTBOOKS
Mr. Petruccelli moved that the bill be amended, in section 2, in item 7061-0012, by striking out the words “for the cost of borrowing audio textbooks by special education students” and inserting in place thereof the following words:- “for the costs of borrowing human speech audio textbooks by special education students in schools identified for improvement, corrective action, or restructuring;”
EDU 379
CHARTER SCHOOLS
Mr. Petruccelli moved that the bill be amended by striking outside section 37 in its entirety.
Further EDU 379.1
Mr. Panagiotakos moves to amend the pending amendment (No. 379 by Mr. Petruccelli) by striking out the text and inserting in place the following text:-
Mr. Panagiotakos moved that the bill be amended by inserting at the end of section 37 the following:- The provisions of this section shall not go into effect until July 1, 2012.
And, in said section, in line 52 by adding after the word “distributions” the following:- provided, that the total state-sponsored charter school tuition shall not be reduced at a percentage greater than any reduction to chapter 70 aid.
EDU 380
ALTERNATIVE EDUCATION GRANTS
Redraft EDU 381
Ms. Chang-Díaz, Ms. Fargo, and Messrs. DiDomenico and Petruccelli moved that the bill be amended, in section 2, by inserting after item 0950-0000 the following new item:-
0950-0050 For the Commission on Gay, Lesbian, Bisexual and Transgender Youth; provided, that funds shall be used to address issues impacting gay and lesbian youth including, but not limited to, health disparities for GLBT Youth, the support and safety of gay and lesbian students and related suicide and violence prevention efforts……………….$100,000
EDU 382
SPECIAL EDUCATION CIRCUIT BREAKER
Messrs. Brewer, Richard T. Moore, Joyce, and Rosenberg, Ms. Chandler and Messrs. Michael O. Moore and Downing moved that the bill be amended, in section 2, in item 7061-0012, by striking out the figure “$133,119,160” and inserting in place thereof the following figure:- “$146,431,076”
EDU 383
REGIONAL SCHOOL TRANSPORTATION
Messrs. Brewer, Richard T. Moore, Rosenberg and Downing, Ms. Chandler, Mr. Michael O. Moore, Ms. Fargo and Messrs. Eldridge and O'Leary moved that the bill be amended, in section 2, in item 7035-0006, by striking out the figure “40,521,840” and inserting in place thereof the following figure: “44,574,024”
Redraft EDU 384
Messrs. Knapik, Tisei, and Tarr moved that the bill be amended by inserting the following new section:-
Notwithstanding any special or general law to the contrary the department of elementary and secondary education shall pursue federal funding under the United States Department of Education’s race to the top fund phase 2 grant process and shall file said application not later than June 1, 2010.
EDU 385
TEEN PARENT CHILD CARE
Mr. McGee moved that the bill be amended, in section 2, in item 3000-4050, by striking the words “provided further, that the department may provide early education and care benefits to parents who are under 18 years of age, who are currently enrolled in a job training program, and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income;” and inserting in place thereof the following words:- “provided further, that the department shall provide early education and care benefits to parents who are under 18 years of age, who are currently enrolled in an education or job training program, and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income and who cannot access contracted slots”
EDU 386
WITHDRAWN
EDU 387
WITHDRAWN
Redraft EDU 388
Mr. Richard T. Moore moved that the bill be amended, in section 2, in item 8000-0000, by adding at the end therof the following:-
; provider further, that the executive office may enter into an agreement with a state college or university to provide for the expansion of a comprehensive law enforcement and emergency response training program for local, state, and federal criminal justice and homeland security professionals, subject to the receipt of federal matching funds.
and moves to further amend the bill, in section 2, in item 8000-0000 by striking out the figure “$1,880,688” and inserting in place thereof the following figure:- “2,080,688”.
Redraft EDU 389
Mssrs. O'Leary and Timilty and Ms. Fargo moved that the bill be amended, in section 2, in item 7070-0065, by inserting at the end thereof the following:-
“; provided further, that the Board shall continue to administer all programs funded in this item at an amount no less than that expended in the prior fiscal year”
Redraft EDU 390
Ms. Chandler and Mr. Michael Moore moved that the bill be amended, in section 2, in item 7066-0000 by adding at the end thereof the following:- “provided, that funds shall be expended for a program in math, science, engineering and technology for academically accelerated students in their final 2 years of high school pursuant to item 7061-9612 of chapter 182 of the acts of 2008” and
in said section 2, in item 7066-0000, by striking out the figure “1,890,529,” and inserting in place thereof the following figure:- “$2,290,529”; and
in item 7066-0024 by striking the item in its entirety and inserting in place thereof the following:- “For the school of excellence program at the Worcester Polytechnic Institute; provided, that every effort shall be made to recruit and serve equal numbers of male and female students; and provided further, that sending districts of students attending the Institute shall not be required to expend any funds for the cost of these students while in attendance at the Institute……………………………………$1,300,000
EDU 391
KINDERGARTEN EXPANSION GRANTS
Ms. Chandler, Mr. Donnelly, Mr. O'Leary and Mr. Michael Moore moved that the bill be amended, in section 2, in item 7030-1002 by striking out the figure “19,273,317” and inserting in place thereof the following figure: “25,948,947”.
EDU 392
CHARTER SCHOOLS
Mr. Tisei moved that the bill be amended by striking out Section 37 in its entirety.
EDU 393
DUAL IMMERSION PROGRAM - TOWN OF FRAMINGHAM
Ms. Spilka moved that the bill be amended, in section 2, in item 7061-9404, by adding at the end thereof the following:
“provided further, that not less than $370,000 shall be allocated to the Framingham public schools for existing dual- immersion programs in the town of Framingham and to evaluate the program in Framingham and those elsewhere in the Commonwealth, including an evaluation of best practices and all professional development related to these programs;”
EDU 394
COMMUNITY COLLEGES STUDY
Ms. Chandler moved that the bill be amended, in section 2, in item 7066-0000, by striking out item 7066-0000 and inserting in place thereof the following item:-
7066-0000 For the operation of the department of higher education; provided, that the department shall recommend savings proposals that permit institutions of public higher education to achieve administrative and program cost reductions, resource re-allocation and program re-assessment and to utilize resources otherwise available to such institutions; and provided further, that in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority and the University of Massachusetts Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of these authorities, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the General Fund from the funds received from the operations of the projects such costs, if any, as shall be incurred by the commonwealth for these purposes in the current fiscal year, as determined by the appropriate building authority, verified by the commissioner of higher education and approved by the secretary of administration and finance; provided further, that not more than $200,000 shall be expended by the department of higher education on a review conducted by an external entity of the capacities and sustainability of the community colleges in the commonwealth in the context of the current fiscal climate and rapidly increasing student enrollments, and the overall role of the colleges in contributing to the economic, social and educational progress of the commonwealth; provided further that said review shall include but not be limited to an analysis of the sufficiency of program and course availability, faculty and administrative staffing including but not limited to the use of adjunct faculty, academic and other student support services, and academic facilities in relation to student demand, the sustainability of the current funding mechanisms and patterns, ability of community colleges to respond to the needs of employers for workforce development, overall course and program affordability at each college; provided further, that the department of higher education shall solicit private grants supporting said review; provided further, that said review shall include a comprehensive report to be completed not later than November 15, 2010 and submitted to the speaker of the house, the senate president, the co-chairs of the joint committee on higher education, the chairs of the house and senate committees on ways and means, the house and senate minority leaders, the secretary of education, the secretary of administration and finance, and the secretary of workforce and economic development………………$2,090,529
EDU 395
TEACHER PREPARATION
Mr. McGee moved that the bill be amended, in section 2, in item 7061-9604, by striking out the figure “1,367,409” and inserting in place thereof the following figure: 1,519,343.
EDU 396
PUBLIC BENEFITS RESIDENCY VERIFICATION FOR EDUCATION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended, in section 2, in item 7009-6379, by inserting after the words “secretary of education” the following:-
“Provided further, that the secretary shall file within 60 days of the effective date of this act a report with the auditor, the attorney general and the house and senate committees on ways and means detailing the means by which the office will comply with chapter 117B of the General Laws.”;
and moves to further amend the bill by inserting at the end thereof the following new section:-
“Section X. The General Laws, as appearing in the 2006 Official Edition, are hereby amended by inserting after chapter 117A the following new chapter:--
Chapter 117B
Restrictions on Public Benefits
Section 1. Definitions. As used in this chapter the following terms shall have the following meanings unless the context clearly requires otherwise:- “Emergency Medical Condition,” the same meaning as provided in section 1396b (v) (3) of Title 42 of the United States Code. “Federal Public Benefits,” the same meaning as provided in section 1611 of Title 8 of the United States Code. “State Public Benefits,” the same meaning as provided in section 1621 of Title 8 of the United States Code.
Section 2. (a) Except as otherwise provided in subsection (d) (3) of this section or where exempted by federal law, on and after January 1, 2011, each agency or political subdivision of the commonwealth shall verify the lawful presence in the United States of every natural person eighteen years of age or older who applies for state public benefits or for federal public benefits which are for the benefit of the applicant.
(b) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(c) Verification of lawful presences in the United States shall not be required: For any purpose for which lawful presence in the United States is not required by law, ordinance, or rule; For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure; For short-term, non-cash, in-kind emergency disaster relief; For public health assistance for immunization with respect to diseases and for testing and treatment of symptoms of communicable diseases; For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by Federal laws or regulations that: Deliver in-kind services at the community level, including services through public or private nonprofit agencies; Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and Are necessary for the protection of life or safety or; For parental care.
(d) An agency or a political subdivision shall verify the lawful presence in the United States of each applicant eighteen years of age or older for federal public benefits or state public benefits by requiring the applicant to:
(1) Produce: A valid Massachusetts driver license or a Massachusetts identification card, issued pursuant to section 8 of chapter 90 of the General Laws, and 540 Code of Massachusetts Regulation (CMR) 2.06
(2) (b); A United States military card or military dependent’s identification card; or A United States Coast Guard Merchant Mariner card; or A Native American tribal document.
(3) If such documentation as required in subparagraph (1) of subsection (d) of this section cannot be lawfully produced, execute a notarized affidavit stating that he or she is a United States citizen or legal permanent resident; or that he or she is otherwise lawfully present in the United States pursuant to federal law.
(e) Notwithstanding the requirements of subparagraph (1) of subsection (d) of this section, the Commissioner of the Department of Revenue may issue emergency rule, to be effective until July 1, 2010, providing for additional forms of identification or a waiver process to ensure that an individual seeking benefits pursuant to this section proves lawful presence in the United States. This subsection and all emergency rules authorized hereunder shall cease to be effective as of July 1, 2010.
(f) A person who knowingly makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to subsection (4) of this section shall pay a fine of not less than $1,000 and not more than $5,000, or shall be sentenced to serve not less than 6 months nor more than 1 year in the House of Corrections. Each time that a person receives a public benefit based upon such a statement or representation they make shall constitute a separate violation of this section.
(g) (1) For an applicant who has executed an affidavit stating that he or she is an alien lawfully present in the United States, verification of lawful presence for federal public benefits or state or local public benefits shall be made through the Federal Systematic Alien Verification for Entitlement program, referred to in this section as the “SAVE program”, operated by the United States Department of Homeland Security. Until such verification of lawful presence is made, the affidavit may be presumed to be proof of lawful presence for purposes of this section.
(2) The secretary of each executive office of the commonwealth shall promulgate regulations to ensure that each agency or political subdivision has access to the SAVE program by way of the executive office under which it is organized. Each executive office shall be responsible for the verification through the SAVE program of all its sub agencies. Each executive office shall enter into a memorandum of understanding or any other requirement pursuant to the SAFE program in order to streamline the verification process. Each executive office shall keep account of all applications submitted through its subdivisions and transfer back to its subdivisions any costs on an annual basis.
(h) Agencies or political subdivisions of the commonwealth may adopt variations of the requirements of paragraph (b) of subsection (4) of this section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individuals circumstances in which the verification procedures in the section would impose unusual hardship on a legal resident of the commonwealth; provided, that the variations shall be no less stringent than the requirements of this section, including provisions to timely execute notarized affidavits.
(i) It shall be unlawful for an agency or political subdivision of the commonwealth to provide a federal public benefit or state or local public benefit in violation of this section. Each agency or department that administers a program that provides state of local public benefits shall provide an annual report with respect to its compliance with this section to the auditor and to the House and Senate chairs of the joint committee on state administration and regulatory oversight.
(j) Errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security which monitors the SAVE program and its verification application errors and significant delays and report yearly on such errors and delays, to ensure that the application of the SAVE program is not wrongfully denying benefits to legal residents of the State.
SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held by any court to be unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of the section are declared to be severable.”
Further EDU 396.1
PUBLIC BENEFITS RESIDENCY VERIFICATION FOR EDUCATION
Mr. Panagiotakos moves to amend the pending amendment (No. 396 by Messrs. Tisei, Tarr, Knapik, Hedlund and Ross) by striking out the text and inserting in place thereof the following text:-
“By inserting after section 154 the following 3 sections:-
‘SECTION 154A. Notwithstanding any special or general law to the contrary, a person who is a lawful immigrant or permanent resident of the United States or who is eligible to apply and has applied for such status shall be eligible to be considered for residency in the commonwealth for tuition purposes; provided, however, that the person shall meet the same requirements for establishing residency in the commonwealth as are required of a United States citizen. Noncitizens who are in or who are eligible to apply for and have applied for refugee or asylum status shall be eligible to be considered for residency in the commonwealth for tuition purposes; provided, however, that the person shall meet the same requirements for establishing residency in the commonwealth as are required of a United States citizen. All noncitizens shall provide appropriate documentation to verify their status with the United States Immigration and Naturalization Service.
SECTION 154B. Notwithstanding and general or special law to the contrary, an applicant for the MassGrant program administered by the department of higher education office of grant assistance shall complete the Free Application for Federal Student Aid or other federal student loan program that verifies both financial and citizenship eligibility.
SECTION 154C. The secretary of education shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.’”
EDU 397
ELIMINATE SECRETARY OF EDUCATION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION ___. Chapter 27 of the acts of 2008 is hereby repealed.”
EDU 398
URBAN AND COMMISSIONER'S DISTRICTS
Mr. Joyce moved that the bill be amended, in section 2, in item 7061-0029, by inserting the following:- “provided further that the district of Randolph shall join the ten districts of Boston, Brockton, Fall River, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Springfield, and Worcester, in the cohort known as the Commissioner’s Districts”
Redraft EDU 399
Mr. Joyce moved that the bill be amended, in section 2, in item 7061-9408, by inserting the following: -“provided further that funds may be expended for the continuation of a parent engagement program pursuant to item 7061-9408 of section 2 of chapter 182 of the acts of 2008.”
EDU 400
CLEAN SLATE
Mr. Buoniconti moved that the bill be amended, in section 2, in item 7061-9404, by inserting at the end thereof the following:-
“; provided further, that not less than $100,000 shall be expended
for the clean slate program in
Redraft EDU 401
CPR AND AED CERTIFICATION FOR ATHLETIC COACHES
Mr. Buoniconti moved that the bill be amended by inserting at the end thereof the following section:-
“SECTION XX: Section 47A of Chapter 71 of the General Laws, as appearing in the 2006 Official Edition is hereby amended by inserting at the end thereof the following new sentence:—
“All coaches shall be required to have a current certification in cardiopulmonary resuscitation from the American Red Cross, American Heart Association or other agency approved by the Department of Public Health. Such requirement shall not apply to physically disabled coaches.”
SECTION 2. This act shall take effect on January 1, 2011.”
EDU 402
GIC THRESHOLD ELIMINATION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION__. Subsection a of section 19 of chapter 32B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking the words “ Any such contract or contracts with any one or more health insurance carriers shall be in conformity with an agreement reached by an appropriate public authority and a public employee committee. Such election by the appropriate public authority may be renewed in conformity with any successor agreement reached with a public employee committee.
The public employee committee shall be composed of a representative of each collective bargaining unit in the governmental unit and a retiree. The retiree representative shall be a designee of the Retired State, County and Municipal Employees Association. The retiree representative shall have a ten percent vote. The remaining ninety percent vote shall be divided as follows: each collective bargaining unit represented on the public employee committee shall have a weighted vote equal to the proportion which the number of employees eligible for health insurance under this chapter employed in the bargaining unit he represents bears to the total number of employees eligible for health insurance in all bargaining units of the governmental unit. Any agreement with the public authority must be approved by seventy percent of votes cast by the representatives on the public employee committee.”
Redraft EDU 403
Mr. Joyce moved that the bill be amended, in section 2, in item 7030-1002, by striking the figure “$19,273,317” and inserting in place thereof:- “25,972,317”.
EDU 404
SCHOOLS-TO-CAREERS PARTNERSHIPS
Mr. Joyce moved that the bill be amended, in section 2, in item 7027-0019, by inserting the following: - “provided further, that funds shall be expended to fund school to careers partnerships in accordance with item 7027-0016 of section 2 of chapter 61 of the acts of 2007.”
EDU 406
WITHDRAWN
EDU 407
WITHDRAWN
EDU 409
BAY STATE READING INSTITUTE
Mr. Tarr moved that the bill be amended, in section 2, in item 7010-0033, by striking out the words “the Bay State Reading Institute program”;
And further in said item, by striking out the words “provided further, that the Bay State Reading Institute may be administered under contract to Middlesex Community College in programmatic collaboration with Framingham State College and Fitchburg State College”;
And further in said item, by striking out the words “and provided further, that funds appropriated in this item for said Institute may be expended through June 30, 2012’; and in said item, by striking out the figures “$4,075,489” and inserting in place thereof the figures “3,275,489”;
And further, in section 2, by inserting after item 7010-0012 the following item:
7010-0020 For the Bay State Reading Institute; provided, that the program shall be administered under contract to Middlesex Community College in programmatic collaboration with Framingham State College and Fitchburg State College; provided further, that the Institute shall provide literacy based intervention in schools and districts at risk of or determined to be underperforming in accordance with sections 1J and 1K of chapter 69 of the General Laws; provided further, that schools not meeting the above criteria may be selected for assistance if they contribute not less than half of the cost of the services they receive; provided further, that preference in the awarding of said funds shall be given to schools and districts with a high percentage of minority or low-income students; provided further, that such school-wide literacy-based intervention programs shall be based on effective, research-based instruction in reading, as called for in Reading First; provided further, that in its evaluation of applications for said initiative, the executive director of said initiative may take into consideration schools‘ cumulative grade 3 Massachusetts comprehensive assessment system scores; provided further, that such school-wide literacy-based intervention programs shall provide for the evaluation and tracking of all students‘ reading and writing skills at least annually, shall include measurable goals and benchmarks, shall be led by a school-based planning team which includes teaching faculty and the school principal, shall provide for the training of teachers in effective, research-based strategies for reading instruction and shall include a school-wide literacy coordinator who shall be responsible for the coordination and training of other school staff; provided further, that said initiative shall require that participating schools engage in frequent assessment of the progress of individual students, including diagnostics to pin point the source of difficulty for struggling students, use small-group, student-centered instruction for a substantial part of the school day in order to allow teachers to meet the needs of individual students and differentiate instruction to help every student reach that student‘s potential, use research-based interventions that address the particular needs of struggling students, focus on literacy instruction, including writing across the curriculum, monitor progress frequently to make sure that the strategies used with these students are working and seek out additional funding for after-school time and for substitutes to give teachers an opportunity to plan together, to take a leadership role in implementing change and to meet with and observe their peers in partner schools; provided further, that funds may be used for a program to train new reading coaches and reading coach trainers; and provided further, that funds appropriated in this item for this initiative may be expended through June 30, 2012 .......................................................................... $800,000
EDU 410
MCAS LOW SCORING SUPPORT
Mr. O'Leary moved that the bill be amended, in section 2, in item 7061-9404, by striking it in its entirety and inserting in place thereof the following:-
“7061-9404 For grants
to cities, towns and regional school districts to provide targeted remediation
programs for students in the classes of 2003 to 2015, inclusive, scoring in
level 1 or 2 on the Massachusetts Comprehensive Assessment System, or MCAS,
exam established by the board of elementary and secondary education pursuant to
the provisions of sections 1D and 1I of chapter 69 of the General Laws;
provided, that the department and districts shall ensure that services are
available to students with disabilities; provided further, that in awarding
remediation funds, preference may be given to schools and districts at risk of
or determined to be under-performing in accordance with said sections 1J and 1K
of said chapter 69; provided further, that the purpose of this program shall be
to improve students’ performance on the MCAS exam through replication of
services and educational strategies with proven results as determined by the
department of elementary and secondary education; provided further, that such
programs shall supplement currently funded local, state, and federal programs
at the school or district; provided further, that funds shall be expended for a
competitive grant program to fund academic support and college transition
services to be implemented in fiscal year 2011, and operated by public
institutions of higher learning or by public-private partnerships in the
commonwealth, for students in the graduating classes of 2003 to 2012,
inclusive, who have not yet obtained a competency determination as defined in
said section 1D of said chapter 69 as measured by the MCAS assessment
instrument authorized by said section 1I of said chapter 69, but who are
working to pass the MCAS tests needed to obtain a competency determination, and
earn a high school diploma; provided further, that for the purpose of the
programs, appropriated funds may be expended through August 31, 2011, to allow
for summer remediation programs; provided further, that funds shall be expended
for a competitive grant program to fund Pathways programs targeting eleventh
and twelfth graders, instituted by local school districts, public institutions
of higher education and qualified public and private educational services
organizations and One Stop Career Centers including, but not limited to,
school-to-work connecting activities, creating worksite learning experiences
for students as an extension of the classroom, outreach programs for students
who will need post-twelfth grade remediation to attain the skills necessary to
pass the MCAS exam, and counseling programs to educate parents and high school
students on post-twelfth grade remediation options; provided further, that
funds shall be expended for a competitive grant program, guidelines for which
shall be developed by the department of elementary and secondary education, for
intensive remediation programs in communities with students in the graduating
classes of 2003 to 2015, inclusive, who have not obtained a competency
determination or have scored in levels 1 or 2 on the MCAS exams required for
high school graduation; provided further, that the department of elementary and
secondary education may give preference for such assistance to those districts
with a high percentage of high school students scoring in level 1 on the MCAS
exams required for high school graduation; provided further, that eligible
applicants shall include individual high schools, and those institutions which
shall have partnered with a high school or group of high schools; provided
further, that no district shall receive a grant from this appropriation until
said district submits to the department of elementary and secondary education a
comprehensive district plan pursuant to the provisions of said section 1I of
said chapter 69, to improve performance of all student populations including,
but not limited to, students with disabilities; provided further, that the
department shall issue a report not later than February 2, 2011, and annually
thereafter as a condition of continued funding under this account, in
collaboration with the department of higher education, describing MCAS support
programs for the graduating classes of 2003 to 2015, inclusive, funded by items
7061-9404 and 7027-0019, school to work accounts, institutions of public higher
education, and other sources, including federal sources; provided further, that
such report shall include, but not be limited to, the number of students
eligible to participate in such programs, the number of students participating
in such programs, the number of students who have passed the MCAS assessment
and obtained a competency determination through these programs but not met
local graduation requirements, and the number of students who have passed the
MCAS assessment and obtained a competency determination through these programs
and met local graduation requirements; provided further, that said report shall
be provided to the chairs of the house and senate committees on ways and means
and the house and senate chairs of the joint committee on education; provided
further, that any grant funds distributed from this item to a city, town or
regional school district shall be deposited with the treasurer of such city,
town, or regional school district and held in a separate account and shall be expended
by the school committee of such city, town, or regional school district without
further appropriation, notwithstanding any general or special law to the
contrary; and provided further, that no costs shall be expended for personnel
costs...... $9,294,804”
EDU 411
CHAPTER 70 FAIR EDUCATION
Mr. Tarr moved that the bill be amended, in section 2, in item 7061-0008, by inserting after the words “amount appropriated herein” the following:-
“provided further, that the full inflation rate of 6.75% shall be used; provided further, that there shall be no “acceleration” increase, so-called, in local contributions; provided further, that in all relevant respects the five-year Chapter 70 plan shall be continued without alteration, except that the total amount of Chapter 70 aid due to each city, town, and regional school district shall be reduced to the figure herein provided by removing from each recipient the appropriate amount to ensure that each recipient’s school budget, counting both state and local contributions, is reduced by the same percentage”
EDU 412
CHARTER RECONSIDERATION
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Section 89 of Chapter 71 of the general laws is hereby amended in section (ee) by inserting the following additional paragraph:-
““The board may also, on its own motion or by request, reconsider its grant of a charter and revoke or suspend said charter within six months of approval of that charter; provided, that the revocation must be accompanied by written findings explaining the action of the board; provided, that the charter applicant shall be given sufficient notice and an opportunity to be heard before the board on the matter”.
EDU 413
CHARTER REVOCATION
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Section 89 of Chapter 71 of the general laws is hereby amended in section (ee) by striking the first sentence and replacing it with the following:- “The board may revoke a school's charter if the school has not fulfilled any conditions imposed by the board in connection with the grant of the charter, the school has violated any provision of its charter, or the board has substantially violated any provision of this section or its implementing regulations in granting the charter”.
EDU 414
CHARTER STUDENT APPLICATION INCENTIVES
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Section 89 of Chapter 71 of the General Laws is hereby amended by inserting at the end of subsection (l) the following sentence:- “Charter schools may not solicit applications for enrollment by offering money or gifts of any monetary value as an incentive for application”.
EDU 415
WITHDRAWN
Further EDU 415.1
WITHDRAWN
EDU 416
WITHDRAWN
EDU 417
MUNICIPAL HEALTH PLAN DESIGN
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION __. Chapter 32B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end thereof the following new section:
Section 21.(a) Subsection (b) shall take effect in any city or town upon the approval by the legislative body and their acceptance by the voters of a ballot question as set forth in this section.
(b)Effective July 1, 2011, a governmental unit is authorized to include, as part of the health plans that it offers to its employees and retirees, co-payments, deductibles and tiered provider network co-payments or other plan design features that are no greater in dollar amount than the highest co-payments, deductibles and tiered provider network co-payments or other plan design features provided in any of the same class of health plans offered by the Group Insurance Commission pursuant to Chapter 32A. For purposes of this section, a “Point of Service” plan offered by a governmental unit shall be considered to fall within the PPO class. The above authorized dollar amounts for co-payments, deductibles and tiered provider network copayments or other plan design features shall be increased whenever the Group Insurance Commission increases the dollar amount of co-payments and/or deductibles and/or tiered provider network copayments or other plan design features on the health plan that it offers.
A governmental unit may include in its health plans co-payments, deductibles and tiered provider network co-payments or other plan design features up to the above-referenced amounts without bargaining pursuant to either Chapter 150E or Section 19 of Chapter 32B concerning the decision to do so or the impact of the decision.
Nothing herein shall prohibit a governmental unit from including in its health plans higher co-payments, deductibles or tiered provider network co-payments or other plan design features than those authorized by the preceding paragraphs of this section; but such higher co-payments, deductibles or tiered provider network co-payments or other plan design features may be included only after the governmental unit has satisfied any bargaining obligations pursuant to either Chapter 150E or Section 19 of Chapter 32B.
(c) Upon approval by the legislative body, the actions of the body shall be submitted for acceptance to the voters of a city or town at the next regular municipal or state election. The city or town clerk or the state secretary shall place it on the ballot in the form of the following question:
“Shall this (city or town) accept subsections a and b of section 21 chapter 32B of the General Laws, as approved by its legislative body, a summary of which appears below?”
(Set forth here a fair, concise summary and purpose of the law to be acted upon, as determined by the city solicitor or town counsel, as the case may be.)
If a majority of the voters voting on said question vote in the affirmative, then its provisions shall take effect in the city or town, but not otherwise.
(d) The final date for notifying or filing a petition with the city or town clerk or the state secretary to place such a question on the ballot shall be 35 days before the city or town election or 60 days before the state election.
(e) If the legislative body does not vote to accept subsections a and b at least 90 days before a regular city or town election or 120 days before a state election, then a question seeking said acceptance may be so placed on the ballot when a petition signed by at least 5 per cent of the registered voters of the city or town requesting such action is filed with the registrar, who shall have 7 days after receipt of such petition to certify its signatures. Upon certification of the signatures, the city or town clerk or the state secretary shall cause the question to be placed on the ballot at the next regular city or town election held more than 35 days after such certification or at the next regular state election held more than 60 days after such certification.
(f) Upon acceptance of subsections a and b, the provisions of this act shall be imposed.”
EDU 417.1
MUNICIPAL HEALTH PLAN DESIGN
Senator Panagiotakos moves that amendment 417 be further amended by striking out the entire text and inserting in place thereof the following 5 sections:-
SECTION 1. Section 2 of chapter 32B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after subsection (f) the following subsection:-
(f½) “Health Reimbursement Account”, a federally-recognized tax-exempt health benefit program that allows an employer to reimburse qualified medical expenses paid by employees.
SECTION 2. Subsection (a) of section 19 of said chapter 32B, as so appearing, is hereby amended by striking out the second paragraph.
SECTION 3. Said section 19 of said chapter 32B, as so appearing, is hereby amended by adding the following subsection:-
(j) (1) The secretary of administration and finance shall promulgate regulations requiring the group insurance commission to submit to the secretary the actuarial value of the non-medicare plan provided by the commission which has the largest subscriber enrollment at the start of the fiscal year beginning July 1. This actuarial value shall be the “group insurance commission actuarial benchmark”.
The secretary of administration and finance shall promulgate regulations requiring the group insurance commission to submit to the secretary the actuarial value of the medicare extension plan provided by the commission which has the largest subscriber enrollment at the start of the fiscal year beginning July 1. This actuarial value shall be the “group insurance commission medicare extension actuarial benchmark”.
(2) Notwithstanding any special or general law to the contrary, after July 1, 2010, a political subdivision which provides health insurance coverage to subscribers under this section may, in order to achieve reductions in health care expenditures, elect to transfer its subscribers to the group insurance commission under subsection (e) without a written agreement between the appropriate public authority and the public employee committee as required under subsection (a).
(3) Notwithstanding any special or general law to the contrary, after July 1, 2010, a political subdivision which provides health insurance coverage to subscribers under this section and has not transferred its subscribers to the commission may, in order to achieve reductions in health care expenditures, elect to reduce the actuarial value of its health care plan or plans without a written agreement between the appropriate public authority and the public employee committee as required under subsection (a); provided however, that the actuarial value of its plan or plans shall be no lesser than the group insurance commission actuarial benchmark or the group insurance commission medicare extension actuarial benchmark, as applicable.
(4) A political subdivision electing to reduce health care expenditures by either transferring subscribers to the group insurance commission under paragraph (2) or by reducing the actuarial value of its health care plans under paragraph (3) shall do so in the following manner: in a county, except Worcester county, by a vote of the county commissioners; in a city having Plan D or a Plan E charter, by majority vote of the city council and approval by the manager; in any other city, by majority vote of the city council and approval by the mayor; in a town, by vote of the board of selectmen; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting. No change implemented under this paragraph shall be subject to an obligation to bargain under chapter 150E.
(5) At least 90 days prior to implementing any changes authorized under paragraph (4), the political authority shall convene a meeting with the public employee committee as provided under subsection (a) to negotiate an agreement to determine how the authority and the committee will share the cost savings which result from the transfer of subscribers to the group insurance commission or the reduction in actuarial value. The parties shall negotiate over how the resulting cost savings shall be shared, which shall include savings for the political subdivision and for subscribers; provided however, that not less than one fourth of the total savings shall be returned to the political subdivision’s general operating budget; provided, further that not less than one fourth of the total savings realized shall be returned to the subscribers in the form of: premium reductions, premium contributions paid by the political subdivision, health reimbursement accounts, wellness programs, health care trust funds for emergency medical care or inpatient hospital care, Medicare Part B reimbursements or other qualified medical expenses, as determined through negotiation. If the appropriate public authority and public employee committee have not reached an agreement within 45 days after their first meeting, any unresolved issues shall be submitted to an arbitrator with expertise in municipal health benefits selected by the parties under the rules of the American Arbitration Association.
The form of arbitration shall be last best offer, issue by issue. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, production of books, records and other evidence relative to or pertinent to the issues. The cost of arbitration shall be shared equally by the appropriate public authority and the public employee committee. Any person acting as an arbitrator under this section, shall not be required by any administrative, arbitration or non-criminal judicial tribunal to disclose any files, records, documents, notes or other papers or be required to testify with regard to any information obtained while functioning as an arbitrator under this subsection.
The arbitrator shall issue a decision not later than 45 days after the unresolved issues are submitted to the arbitrator. In reaching a decision, the arbitrator shall decide any issues not resolved by the parties, including how the remaining cost savings shall be shared, which shall include savings for the political subdivision and for subscribers. In reaching a decision, the arbitrator shall consider the political subdivision’s ability to pay, existing premium contribution ratios between the appropriate authority and the subscribers, intended use of savings by the political subdivision, any historical negotiations or concessions by retirees on benefits, and the historical negotiations on benefits and salary including total compensation and all other evidence.
The arbitrator’s decision, if supported by material and substantive evidence on the whole record shall be, binding upon the parties, unless the decision of the arbitrator is rejected by the legislative branch of the municipality by a two-thirds vote within 30 days. If the political subdivision rejects the decision of the arbitrator, the political subdivision shall not implement any changes authorized under paragraph (4).
SECTION 4. Said chapter 32B is hereby amended by adding the following section:-
Section 21. Notwithstanding any other provisions of this chapter, a political subdivision which transfers its subscribers to the commission or reduces the actuarial value of the health care plans under subsection (j) of section 19, may provide health reimbursement accounts to reimburse subscribers for qualified medical expenses. Qualified medical expenses may include, but shall not be limited to, out-of-pocket costs such as inpatient and outpatient copayments, calendar year deductibles, office visit copayments and prescription drug copayments.
SECTION 5. Notwithstanding any special or general law to the contrary, no change in health benefits made under subsection (j) of section 19 chapter 32B as inserted by section 4 shall go into effect for any group of employees covered by a collective bargaining agreement in effect as of July 1, 2010 by a governmental unit prior to the expiration of such agreement.
EDU 418
DESE CONTRACTS
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Notwithstanding any general or special law to the contrary, neither the Commissioner of the Department of Elementary and Secondary Education nor any designee shall enter into any contract for the development or submission of any application for funding from the federal government of the United States unless the contract is approved by a vote of the Board of Elementary and Secondary Education following written notice to the board of the contents of the contract and a fair opportunity for deliberation on the approval or disapproval of such contract”.
EDU 419
SCHOLARSHIP PROGRAM
Mr. Downing moved that the bill be amended, in section 2, in item 7070-0065, by striking out the figure “87,837,028” and inserting in place thereof the following figure: “89,837,028”.
EDU 420
DUAL ENROLLMENT
Mr. Downing moved that the bill be amended, in section 2, in item 7066-0019, by striking out the figure “750,000” and inserting in place thereof the following figure: “1,000,000”.
EDU 421
INCOME-ELIGIBLE CHILD CARE
Ms. Spilka, Ms. Creem and Mr. O’Leary moved that the bill be amended, in section 2, in item 3000-4060, by striking out the figure “$228,527,427” and inserting in place thereof the following figure: - “$233,527,427”.
EDU 422
ALTERNATIVE SCHOOLS
Mr. Hart moved that the bill be amended, in section 2, in item 4800-0038, by inserting the following language, “provided further that no less than $298,000 shall be expended for Alternative Schools for students aged 14-16 inclusive who are placed before the children in need of service petitions (CHINS).”
EDU 423
MENTORING MATCHING GRANTS
Messrs. Rosenberg, Hart, Petruccelli, Ms. Spilka, and Ms. Tucker moved that the bill be amended, in section 2, by striking out item 7061-9634, and inserting in place thereof the following item:-
7061-9634 For a competitive statewide grant program for public and private agencies to start or expand youth mentoring programs according to current best practices and for purposes including advancing academic performance, self-esteem, social competence and workforce development; provided that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every $1 disbursed from this item; and provided further that for a transfer of this item to the Mass Service Alliance, the Commission on volunteerism and service, shall be responsible for administering the grant program and reporting on the impact of grants to the department of elementary and secondary education; and provided further that the Mass Mentoring Partnership, the state’s umbrella organization for youth mentoring, shall provide training and technical assistance to grantees………………………$250,000
Redraft EDU 424
EARLY EDUCATION SUPPORT SERVICES
Ms. Jehlen, Mr. DiDomenico, Michael Moore, and Mr. Timilty moved that the bill be amended, in section 2, in item 3000-6000, by adding the following words:-
“;provided further, that the department may expend funds from the item on grants for supplemental services for children with IEPs.”
EDU 425
CHILD CARE RESOURCE AND REFERRAL
SERVICES
Messrs. Morrissey and Downing, and Ms. Tucker and Ms. Fargo moved that the bill be amended, in Section 2, in item 3000-2000, by adding at the end thereof the following new sentence:-
"and provided further that voucher management, information and referral and enhanced consumer education shall be provided by the same agency."
2nd Redraft EDU426
EDU 427
MCAS US HISTORY
Mr. Tarr moved that the bill be amended, in section 2, in item 7010-0005, by inserting after the words “secondary education” the following words:- “; provided, that no comprehensive assessment test shall be prepared in any history subject unless and until a United States history test is in place”.
EDU 428
MEETING CHARTER CRITERIA
Mr. Tarr moved that the bill be amended by inserting, after Section 2, the following new Section:-
“SECTION XX. Section 89 of Chapter 71 of the general laws is hereby amended in section (h) by inserting at the end thereof the following paragraph:-
“Within 30 days of the approval of a new commonwealth charter school in any community, the board shall issue a written confirmation that the school meets all requirements set out in subsections (b), (e), and (f) of this section and in the implementing regulations, and a summary of the reasons therefore”.
EDU 429
Massachusetts School to Career Connecting
Activities (My Turn)
Mr. Kennedy moved that the bill be amended, in section 2, in item 7027-1004, in line 16, by inserting after the figure “$397,937,” the following section: - not less than $50,000 shall be expended for My Turn, Inc. for the purpose of school to work activities, connecting to college activities and youth workforce development activities.
EDU 430
WAIVER OF CHARTER REGULATIONS
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Section 89 of Chapter 71 of the general laws is hereby amended by striking section (mm) and replacing it with the following:-
“(mm) The board shall promulgate regulations for implementation and enforcement of this
section. The board shall also develop procedures and guidelines for the waiver of any regulations implementing this section; provided, that no waivers shall be issued except at the written request of the charter applicant or at the written request of the board itself, both of which shall only be for exceptional circumstances. Said waiver must be accompanied by a written explanation of the reasons for the waiver, and may only be issued by a 2/3 vote of the board”.
EDU 431
METCO
Redraft EDU 432
Ms. Creem moved that the bill be amended, in section 2, in item 7061-9600, by inserting after the words “from this item for personnel” the following language:- “employed by the department of elementary and secondary education”;
EDU 433
WITHDRAWN
EDU 434
WITHDRAWN
EDU 435
MCAS STANDARD OF TESTING
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION __. Notwithstanding any special or general law to the contrary, the department of education shall continue to require a minimum score, as set by the board of the education, on the Massachusetts Comprehensive Assessment System exam as a requirement of graduation under chapter 69.”
Redraft EDU 436
Mr. Montigny moved that the bill be amended, in section 2, in item 3000-1000, by inserting the following:- “provided further, the department shall report no later than September 1, 2010 to the joint committee on education, and the house and senate committees on ways and means, on efficiencies and cost savings realized in the departments accounts in fiscal year 2010 and anticipated cost savings in fiscal year 2011, said report shall include but not be limited to an itemized accounting of services transferred between line items, original cost of said services, all transition costs or expenditures, and total cost savings realized, said report shall include an accounting of federal ARRA funding expended for said services and/or transition costs.”
EDU 437
WITHDRAWN
EDU 438
SPED BEST PRACTICES
Mr. Rosenberg moved that the bill be amended, in section 2, in item 7061-0012, by inserting at the end thereof the following:-
“provided further, that $1,000,000 shall be expended to identify, analyze, and certify promising and best practices in public and approved special educational programs that can prevent or ameliorate either neuro-developmental problems or other deficits leading to learning deficiencies and/ or behavior problems that result in high cost Individual Education Plans (IEPs); and, provided further that, funds shall be expended to provide grants for training, dissemination, and applications of research identified promising and best practices”; and in said item, by striking out the figures of “$133,119,160” and inserting in place thereof the figures “134,119,160”
EDU 439
OFFICE OF SCHOOL AND DISTRICT
ACCOUNTABILITY
Mr. Knapik moved that the bill be amended, in section 2, in item 7061-0029, by striking out the figure “$989,083” and inserting in place thereof the following figure:- “$1,189,083”.
EDU 440
GIC THRESHOLD REDUCTION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:
SECTION__. Subsection a of section 19 of chapter 32B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking the word “70 per cent” in line 58 and replacing it with the following phrase:- “a majority.”.
Redraft EDU 441
Mr. Montigny, Ms. Menard and Mr. Pacheco moved that the bill be amended by inserting at the end thereof the following new Section:-
SECTION __. (a) Notwithstanding any general or special law to the contrary, the University of Massachusetts School of Law – Dartmouth shall operate without direct appropriation or subsidy from the Commonwealth or university system. The University of Massachusetts School of Law – Dartmouth shall maintain and fund all academic and administrative personnel but nothing in this act shall prevent the law school from accessing supplemental services from the campus and University system in order to reduce duplication of systems and services.
(b) The University of Massachusetts School of Law - Dartmouth shall retain all tuition and fees received by the board of trustees in a revolving trust fund or funds and shall be expended as the board may direct for the operation and support of the law program. Any balance in the trust fund or funds at the close of a fiscal year shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. All such trust funds shall be subject to audit by the state auditor.
(c) The University of Massachusetts School of Law – Dartmouth shall prepare an annual financial report at the conclusion of each fiscal year. Said annual financial report shall be filed with the house and senate committees on ways and means and to the board of higher education on or before December 31.
EDU 442
PUBLIC FUNDS FOR PRIVATE HIGHER EDUCATION
Mr. Montigny, Ms. Menard and Mr. Pacheco moved that the bill be amended to insert at the end thereof the following new Section:-
SECTION_____. Notwithstanding any general or special law to the contrary, there shall be a 5 member commission to study and make recommendations regarding the appropriation of public funds directly or indirectly to private higher education institutions. The commission shall review all direct and indirect state funding to private higher education institutions and make recommendations regarding the commonwealth’s ability to continue to fund these private entities. The commission shall be comprised of 5 members, 2 of whom shall be appointed by the president of the senate, 2 of whom shall be appointed by the speaker of the house of representatives, and 1 of whom shall be appointed by the governor. The report shall be filed with the house and senate committees on ways and means no later than November 1, 2010.
EDU 443
WITHDRAWN
EDU 444
CHARTER SCHOOL OFFICE RECOMMENDATIONS
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Subsection 89(i) of chapter 71 of the general laws is hereby amended by inserting after the words “maintaining certain conditions” the following words:- “provided, that the recommendation of the charter school office within the department of elementary and secondary education shall create a rebuttable presumption for the disposition of the charter application”.
Ms. Candaras moved that the bill be amended, in section 2, in item 7100-0200 by inserting at the end thereof the following:-
“; and provided further that $500,000 be expended for the operation and programming of a UMass Design Center located at 3-7 Elm Street in Springfield”