By Mrs. Canavan of Brockton, petition (accompanied by bill, House, No. 406) of Christine E. Canavan and others relative to the membership of the advisory councils to the Board of Education and providing for certain changes in the public education programs in the Commonwealth.  Education.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Christine E. Canavan

Thomas J. Calter

Tom Sannicandro

Michael R. Knapik

Douglas W. Petersen

John P. Fresolo

James E. Timilty

Brian A. Joyce

Susan C. Tucker

Barbara A. L'Italien

Benjamin Swan

Mark C. Montigny

Robert K. Coughlin

Michael F. Rush

Peter V. Kocot

Matthew C. Patrick

Robert L. Rice, Jr.

Lida E. Harkins

Geraldine Creedon

Ruth B. Balser

Jennifer M. Callahan

 

 


 

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In the Year Two Thousand and Seven.

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 An Act to fulfill the promise of education reform, teacher quality and school improvement.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1.  Section 1 G of chapter 15 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words “following areas:” in line 2 the following:  “school and district improvement”.

 

SECTION 2.  Said section 1G is further amended by striking paragraphs 2 though 4 and inserting in place thereof the following 4 paragraphs: -

The members of these councils shall serve without compensation but may be reimbursed subject to appropriation for expenses necessarily and reasonably incurred in the performance of their responsibilities.  Each council shall be composed of members who shall be recommended by the commissioner and appointed by the board and who shall not, by virtue of their membership, be deemed state employees under chapter two hundred and sixty-eight A.  Members shall be appointed for a term of three years.  No member shall serve for more than two consecutive terms.  Members of advisory councils shall include public school educators and administrators, education preparation and/or other higher education faculty.  Members may include school committee members, parents, students and others representing civic, business, labor or appropriate professional groups.  Members serving on such councils shall represent a reasonable balance of interests and expertise and a reasonable geographic balance.

The members of the advisory council on school and district improvement shall consist of  nine voting members:  one member appointed by the governor and one member appointed by each of the following organizations:  the Massachusetts Association of School Superintendents, the Massachusetts Association of School Business Officers, the Massachusetts Teachers Association, the American Federation of Teachers/Massachusetts, the Massachusetts Association of School Committees, the Massachusetts Parent Teachers Association, the Massachusetts Association of Secondary School Administrators and the Massachusetts Elementary School Principals Association.  The council shall meet no less than 4 times annually to review and advise the department and board on the policies and practices of the office of school and district improvement established in section 55A of this chapter or any successor office within the department.  The council shall assist the office to coordinate and support its mission and shall have the opportunity to review and comment on all regulations relative to school and district improvement prior to board approval.

The members of the council on education personnel shall be broadly representative of all areas of public education.  The council shall advise the board on matters relating to recruitment, retention, preparation and licensure of educators.

The members of the council on technology education shall be broadly representative of all areas of technology education in the comprehensive school and shall advise the board on matters relating to technology/engineering education.

SECTION 3.  Chapter 15 of the General Laws, as so appearing, is hereby further amended by striking Section 55A and inserting in place thereof the following:- 

Section 55A. There shall be established an office of school and district improvement, hereinafter referred to as the office, within the department of education. The purpose of the office shall be to provide a mechanism to verify the efforts of schools, charter schools and school districts to promote a higher level of academic achievement by students.

The department shall employ a director who shall be appointed and have his salary established by the commissioner. The director hired by the department shall hold a doctorate in education and have a minimum of 15 years educational experience which must include public school classroom experience and school or district administration.  Pursuant to the office's appropriation, the director shall employ such inspectors, auditors, professional assistants, attorneys, consultants and other staff as he deems necessary to fulfill the responsibilities of the office and shall determine their salaries and duties. The office shall act as an independent auditing body verifying educational measurements and tests conducted by or for the department of education in implementing the mandates and directives of chapter 71 of the acts of 1993. The office shall perform not less than 40 school district audits annually; provided, however, that no district where student performance exceeds state standards shall be selected for audit unless all districts where student performance does not meet state standards have been audited.  Specifically, the office shall have the following duties: (1) verify the accuracy of reports of schools and districts by conducting or contracting for periodic program and fiscal audits as necessary; (2) undertake inspections of schools, charter schools and school districts to evaluate efforts to improve and support the quality of instruction and administration, and make recommendations about the school and school district goals and plans to achieve those goals; (3) review the district's MCAS success plan, if any, submitted to the department of education pursuant to section 1I of chapter 69 and evaluate the implementation of said plan; (4) evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments; (5) review the progress of student achievement; (6) assist and support the department and board in carrying out the activities necessary to implement sections 1J and 1K of chapter 69; and, (6) provide technical assistance to schools and districts for school improvement.

For the purposes of any inspection, or audit, the director shall have access to all necessary papers, vouchers, books, and records pertaining to a school, including a charter school, a school district, and regional school district.  In establishing protocols for the conduct of school or district audits and in conducting such audits, the office shall utilize existing, recently compiled, or readily available papers, vouchers, books and records when the use of such papers, vouchers, books, and records will not compromise the accuracy or comprehensiveness of the audits and significantly minimize the administrative burden imposed on the districts being audited.  Schools, school districts and school personnel shall cooperate with the director for purposes of any inspection or audit pursuant to this section, including but not limited to, participating in interviews and producing books and documents.

The office shall provide advance notice of at least ninety calendar days to any district of a request for document review and at least one hundred and twenty calendar days notice of any site visit.  Neither the document review nor the site visit shall be scheduled during the first two or last two weeks of the academic school year, the week prior to or after the December school vacation or during any MCAS testing period.  The site visit shall take place no fewer than twenty days nor more than thirty days after the document review. 

Districts audited under this section shall be reimbursed costs based on the number of students enrolled in the district.  Districts with fewer than 2,000 students shall be paid $75,000; districts with 2,001 to 5,000 students shall be paid $50,000, districts with 5,001 to 10,000 students shall be paid $25,000, and districts with more than 10,001 students shall be paid $5,000. 

The office shall ensure that any instance of noncompliance with law, misfeasance or malfeasance law shall be referred to the attorney general of the commonwealth and the commissioner of education for appropriate action.

The office shall transmit its findings, audit reports and any resultant recommendations to the governor, the board of education, the attorney general, the local public library in the districts that have been audited, the president of the senate, the speaker of the house of representatives, the joint committee on education and the house and senate committees on ways and means.

SECTION 4.  The regulations relating to school and district accountability adopted by the board of education in October, 2006 are hereby repealed, effective upon the passage of this act.

SECTION 5.  Chapter 15 of the General Laws, as so appearing,  is hereby further amended by adding the following new sections:-

Section 66.  The board shall establish a grant program for public school teachers in the commonwealth to pay the costs associated with the attainment of National Board Certification as developed by the National Board for Professional Teaching Standards.  Public school teachers who seek national board certification shall receive the following: the total cost of the certification fee paid in advance as provided in this section; all applicants who complete the national board certification process shall have his or her fees paid in advance; provided, that failure to receive national board certification shall not be grounds for the state to recoup the grant allowed under this section.  Other costs associated with the application or attainment of national board certification that may be paid by the grant program as established by this section include, but are not limited to: travel, materials, printing, copying, postage, audio or video recordings, workshops and forums.  Public school districts shall also be eligible for grants under this section for the costs associated with support and assistance to the teacher applicants.  Such district costs may include, but shall not be limited to: hiring of substitutes to allow teacher candidates release time to prepare for national board assessment or to prepare portfolios or videos for the application.

Section 67.    The board shall establish a grant program for public school teachers in the commonwealth to pay the costs associated with the attainment of advanced academic degrees.  Costs that may be paid by this section shall include, but not be limited to: tuition and fees for courses at public higher education institutions in the commonwealth; room, board and living stipend while attending a public higher education institution in the commonwealth; books and materials as needed for courses taken while attending a public higher education institution in the commonwealth. 

 

SECTION 6.  Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby amended in paragraph 1 by striking the second sentence, and is further amended by striking lines 13 through 33, inclusive, and is further amended in paragraph 7 by striking the second sentence.

 

SECTION 7.  Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby amended by striking paragraph 8 and inserting in place thereof the following paragraph:

 

The Department of Education, in consultation with Massachusetts Partners for Public Schools, shall adopt one uniform format for District Improvement/Professional Development Plans which shall include:  improvement objectives; connections to school improvement plans; connections to licensure information of professional staff including recertification, acquisition of professional licenses including initial licenses, for new teachers, mentoring and induction programs; connections to requirements of the Elementary and Secondary Education Act; student performance data, of which MCAS may be only one of multiple measures used; specific actions, training, curriculum that will be used to address the objectives; district professional development schedule; a timeline for implementation; resources in the form of time, money, and expertise to ensure implementation; and program evaluation methods.

 

SECTION 8.  Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby amended by striking paragraph 11 and inserting in place thereof the following paragraph:-

 

The Department of Education, in consultation with Massachusetts Partners for Public Schools, shall adopt one uniform format for School Improvement Plans which shall include the following: improvement objectives;  supporting data from multiple sources about student performance; specific actions, training, curriculum that will be used to address the objectives; a timeline for implementation; resources in the form of time, funding and expertise to ensure implementation; and, program evaluation methods.

 

SECTION 9.  Section 1J of Chapter 69, as so appearing, is hereby amended by striking paragraph two and inserting in place thereof the following paragraph:-

     Schools that have consistently failed to improve the academic performance of their students shall conduct an New England Association of Schools and Colleges (NEASC) Self-Study which shall be used by the Board to determine if the school should be deemed under-performing, in accordance with the board's regulations.  Upon determination that a school is under-performing, the commissioner shall immediately appoint an independent fact-finding team which shall forthwith assess the reasons for the under-performance and the prospects for improvement and report its findings to the commissioner and the district in which the school is located no later than ninety days from the date of its appointment. No more than six months after the determination that a school is under-performing, the district in which the school is located shall present to the board a remedial plan that shall set forth specific goals for improvement, specific means for attaining such goals, and a timetable, not to exceed twenty-four months, for carrying out the plan. The district shall implement said remedial plan, with such changes or amendments as the board shall direct. During the period of implementation, the commissioner shall provide to the school technical assistance for the improvement of the educational program provided to the students served therein and funding to pay all teachers a per diem contractual salary rate for professional development directly related to the remedial plan to improve performance for at least a period of time equivalent to ten (10) additional days beyond the required work year. 

 

SECTION 10.  Section 1J of Chapter 69 is hereby further amended by adding at the end thereof the following new paragraph:-

Should any under-performing issue be addressed through the Department of Education’s Performance Improvement Mapping Process (PIM), at least fifty percent of the individuals on the school improvement team must be currently employed as classroom teachers in the school or district, all work related to PIM must be done outside of the regularly scheduled work day and school year, and participants shall be paid for such additional work at their contractual per diem rate.

 

SECTION 11.  Chapter 71 of the General Laws, as appearing in the 2004 Official Edition, is amended by striking Section 38G its entirety and inserting in place thereof the following new section:-

Section 38G. As used in this section the following words shall have the following meanings:

"Board'', the board of education established by chapter fifteen.

"Conditional educator'', a person who holds a conditional educator license.

"Conditional educator license '', a license to teach issued to a person who (1) has successfully met the subject matter knowledge preparation and eligibility requirements as established in regulation by the board, or (2) holds a valid teaching license or certificate from another state and who has been employed under the license or certificate for a minimum of three years but has not satisfied the  licensure testing requirements contained in this section. The conditional license shall be valid for two years of employment in the role of the license in the schools of the commonwealth and is nonrenewable. Service under a conditional license shall be counted as service in acquiring professional teacher status.

“Initial educator”, a person who holds an initial educator license.

"Initial  educator license”, a license issued to a person who has successfully met the subject matter knowledge, pedagogical/professional knowledge and skills, and clinical preparation and eligibility requirements as established in regulation by the board;   and completed (1) a college program, graduate or undergraduate, approved by the board of education for the preparation of teachers; or (2) a college preparation program included in the National Association of State Directors of Teacher Education and Certification (NASDTEC); or (3) an out of state teacher education program approved by the National Council for the Accreditation of Teacher Education (NCATE); or (4) other program approved by the board which meets equivalent standards.  Said license shall be valid for five years of employment in the role of the license in the schools of the commonwealth and may be extended for an additional five years of employment in accordance with regulations adopted by the board.

“Professional educator”, a person who holds a professional educator license.

“Professional educator license”, a license issued to a person who has successfully met the preparation and eligibility requirements as established in regulation by the Board.  The professional educator license shall have a term of five years and shall be renewable pursuant to provisions in this Chapter.

"Reciprocity of licensed or certified educators'', the process and requirements established by the commissioner for candidates to obtain an educator license  who have completed (1) a state-approved educator preparation program in a state with which Massachusetts has signed the National Association of State Directors of Teacher Education and Certification (NASDTEC) Interstate Contract, or (2) out-of-state programs approved by the National Council for the Accreditation of Teacher Education (NCATE), or (3) other programs approved by the board; or who hold a valid license in a state with which Massachusetts has signed the NASDTEC Interstate Contract.  Such candidates shall be issued an initial or professional license, whichever is equivalent to the stage/type license held by the candidate in another state.

"Regionally licensed or certified educator'', an applicant for an educator’s  license in Massachusetts who has been granted a regional license or certificate by another state jurisdiction under terms of a contract entered into pursuant to chapter seven hundred and forty-eight of the acts of nineteen hundred and sixty-eight, the Interstate Agreement on Certification of Educational Personnel. Such license or certificate shall be equivalent to the initial educator license.

 “Valid educator license”, any conditional, initial, or professional, license, which has not exceeded the period of validity established herein.

”Year”, a twelve month period of time.

“Year of employment”, employment under a valid license for a period of time equivalent to a school year; periods of full-time employment for portions of a school year shall be aggregated, and periods of part-time employment shall be prorated in determining a year of employment. 

  The board shall define the knowledge of subject matter and demonstration of competencies commensurate with attainment of conditional, initial and professional educator licenses and renewal of professional educator licenses.

  The commissioner of education shall have authority to grant, upon application,  conditional educator, initial educator and  professional educator licenses to persons who have satisfied the requirements for such licenses as established by the board.  It is the obligation of the commissioner to issue said educator licenses in a timely manner.  The commissioner shall take appropriate action on applications within thirty days of receipt by either issuing  the license or notifying the candidate that the application is denied and stating the grounds therefore.  If a license is denied due to unfulfilled requirements or incomplete documentation, the commissioner shall then issue the license within 30 days of receiving documentation of fulfilled requirements.  In the event that the commissioner does not take action within the thirty day period, the application fee shall be waived and no candidate’s employment rights shall be adversely affected.  Whenever the Commissioner issues, extends or renews an educator license, he shall also fully inform the educator in writing of the requirements to advance or maintain said license.  Any amendments to licensing requirements that the Board may promulgate shall not apply to those so-informed educators for the duration of the licensure application process or renewal cycle of the license issued.

  To be eligible for a license as a conditional educator, the candidate shall (1) hold a bachelor's degree in arts or sciences from an accredited college or university with a major appropriate to the instructional field or hold a valid teaching license or certificate from another state; and (2) achieve a level of performance determined by the board on the “PRAXIS II” published by the Educational Testing Service unless the candidate has satisfied the PRAXIS II requirement in another state, and (3) be of sound moral character. Candidates who complete the requirements in this paragraph shall be issued conditional educator licenses which will permit them to seek employment in teaching positions requiring licenses in only those districts which have an approved conditional educator support and supervision  program.

  The commissioner shall establish standards for the support and supervision of conditional educators. During the period of employment, a person holding a conditional educator license pursuant to this section shall be under the direct supervision of the principal or other appropriate supervisor who shall regularly observe and evaluate the performance of assigned duties by such holder of a conditional educator license. Such evaluation shall be  relevant to nationally recognized professional standards for personnel evaluation.

  Each public school district seeking to hire a conditional educator must submit a plan to the department of education which details how the district will supervise and support such conditional educators. Failure of a district to submit or the department to approve shall not adversely impact the employment rights of the educator.  No district shall be authorized to employ a conditional educator unless it has submitted said  plan to and received the approval of the commissioner. Each plan shall describe the key elements of the proposed conditional educator program in accordance with regulations promulgated by the board.  District conditional educator support and supervision program plans shall include:  Collaboration with a college, university or professional association which provides approved educator preparation, a district induction program with a trained mentor as required by Section 38S for the first year of employment; continued mentoring with a trained mentor for the second year of employment; a professional support team including a trained mentor, a supervisor and one other educator holding a professional license in the instructional field of the conditional educator for the first three years of employment.  Conditional educators who have yet to meet pedagogical and professional knowledge and skills and clinical preparation shall be provided seminars or courses on classroom organization and management, relevant curriculum frameworks and standards, and instructional strategies.

  The department of education shall issue standard plans for conditional educators  which districts may implement in lieu of developing an original plan.

  To be eligible for licensure as an initial educator the candidate shall provide evidence that he (1) holds a bachelor's degree in arts or sciences from an accredited college or university with a major appropriate to the instructional field; (2) has achieved a level of performance determined by the board or acceptable for licensure in another state on the “PRAXIS II” published by the Educational Testing Service; (3) has satisfactorily completed a board of education approved educator preparation program; and (4) is of sound moral character. A candidate who completes the requirements of this paragraph shall be issued an initial educator license which will permit him to seek employment in a teaching position requiring an educator license.

  Each public school district seeking to hire an initial educator must submit a plan to the department of education which details how the district will supervise and support such initial educators. Failure of a district to submit or the department to approve shall not adversely impact the employment rights of the educator.  Failure of a district to fulfill obligations established by the board to assist and support initial educators shall not adversely affect the educators’ advancement to the next stage license.  No district shall be authorized to employ an initial educator unless it has submitted said plan to and received the approval of the commissioner.

  The department of education shall issue standard plans for initial educators  which districts may implement in lieu of developing an original plan.

  In not less than two years of employment in the role an initial educator license, the commissioner upon receipt of a proper application shall issue a professional educator license to such initial license holder who has provided the commissioner with evidence, in such manner and form as prescribed by the board, that he has met the preparation and eligibility requirements set by the board through a master's degree program approved by the commissioner, or through an equivalent district-based program for  professional licensure approved by the commissioner; and has met the requirements set by the commissioner for demonstration of successful performance.  District-based programs must be in partnership with higher education.

  If an approved teacher preparation program for the initial license was part of a master’s degree, the master’s degree shall satisfy the pedagogical requirements for the professional license.

 

  If subject matter knowledge requirements for the initial license were met through a graduate level program, that program shall satisfy the subject matter knowledge requirements for the professional license.

 

  Applicants for a school guidance counselor, school nurse, school psychologist or school social worker/school adjustment counselor professional educator license will have multiple options to satisfy the requirements for the professional license.  Such options shall include, but not necessarily be limited to: 1) maintenance of a related license issued by the state in instances where the related license is a pre-requisite to the educator license; or 2) an additional program of advanced graduate study, (CAGS, masters, doctoral), related to the license; or 3) additional graduate study which, in combination with a relevant master’s degree, results in 60 graduate credits; or 4) achievement and maintenance of a nationally recognized certificate or license the standards of which are generally aligned with the professional responsibilities of the educator.

  Each professional educator license shall have a term of five years and shall be continued every five years thereafter upon the successful completion of an individual professional development plan that meets the regulatory subject matter knowledge and teaching skill requirements as promulgated by the board. Such plan shall be designed to increase the ability of the person to improve student learning.  A professional license which is not renewed at the end of a five year term shall continue to be valid but inactive for an additional five years or such prior time as returned to active status by satisfying professional development requirements established in regulation by the board.

  Certificates granted by the board prior to October first, nineteen hundred and ninety-four are hereby deemed  professional licenses that shall be renewed every five years

  The commissioner shall develop alternative paths for licensing school management and educational leadership personnel which shall facilitate a process whereby persons with significant managerial experience can obtain such license .

  Any license issued by the commissioner may be revoked for cause, pursuant to standards and procedures established in regulation by the board.  Such standards and procedures shall be published and provided in written form to educators upon issuance of a license.

  The board shall have the authority to promulgate, amend and rescind such rules and regulations as may be necessary to carry out the provisions of this section. Such regulations shall be presented to the joint committee for informational purposes ninety days before implementation.

  All applications for any licenses granted under this section shall be accompanied by a fee to be determined annually by the commissioner of administration under the provisions of section three B of chapter seven. Said fees shall be established and limited to allow the department to carry out the licensure and license renewal  responsibilities but in no case shall said applications exceed one hundred dollars per year with an annual increase no greater than the consumer price index.

  Notwithstanding the foregoing, the board shall establish for each license area alternate methods for fulfilling the professional development requirement for renewal of a professional license, at least one of which shall be provided at no cost to persons employed by a school district, including paraprofessionals or assistant teachers, who are engaging in such activity for the purpose of satisfying the professional development requirement of this section.

  No person shall be eligible for employment as a teacher, guidance counselor, director, school psychologist, school adjustment counselor, school social worker, school nurse, library media specialist, school business administrator, principal, supervisor, assistant superintendent of schools, and superintendent of schools by a school district unless he has been granted by the commissioner a conditional, initial or professional license which is specific for one or more of the following grade level combinations: pre K - three, one – six, five – nine, eight – twelve; or pre K – nine, five – twelve; or pre K – twelve with respect to the type of position for which he seeks employment; provided, however, that nothing herein shall be construed to prevent a school committee from prescribing additional qualifications.

  A superintendent who seeks to hire an individual who does not hold the appropriate educator license must seek a waiver.  Said superintendent may be exempted by the commissioner for any one school year from the requirement in this section to employ licensed personnel when compliance therewith would in the opinion of the commissioner constitute a great hardship in securing teachers for that school district.

  In addition to any other requirements of this section, the board shall require, as a provision of an administrator's or educator's initial license , that all educators and administrators shall have training in strategies for effective inclusive schooling for children with disabilities, instruction of students with diverse learning styles and classroom organization and management. Such training shall include, at a minimum, practical experience in the application of these strategies.

  In addition to any other requirements in this section, in order to receive an initial or professional educator license , persons applying for such license  shall have completed such courses or training sessions as the board shall require in second language acquisition.

  Competence in Braille instruction shall be a requirement for an initial license as a teacher of students with vision impairments. Such competence shall be verified through a testing program which meets the standards of the Library of Congress National Library Service for the Blind or its successor.

  For the purposes of licensing educators, the board shall establish policies and guidelines and the commissioner may approve preparation programs devoted to the preparation of teachers and other educational personnel. A college or university or school or district or other institution offering such an approved program shall certify to the commissioner that a student has demonstrated satisfactory competence in the skills and knowledge expected of college graduates in the most advanced nations, and has completed the program approved. The college or university or school district or other institution shall also provide the commissioner with a transcript of the student's record.

  At the end of each five-year period each professional  educator shall attest to and provide appropriate supporting evidence and documentation to the state department of education, in such form and at such time as the commissioner shall prescribe, that the  professional educator has successfully completed a professional development plan which meets the standards set by the board.

  In addition to any other requirements of this section, the board shall require, as a provision of a professional administrator's or educator's license renewal, that all educators and administrators shall have training in strategies for effective inclusive schooling for children with disabilities, instruction of students with diverse learning styles and classroom organization and management. Such training shall include, at a minimum, practical experience in the application of these strategies.

  It shall be one of the objectives of all school districts' professional development plans to satisfy the individual professional development plans required by this section; provided, however, that this requirement shall not be construed to require that a school district or the commonwealth provide funding for the fulfillment of the professional development requirements of this section and section thirty-eight Q beyond the foundation budget.

  The board shall establish policies and guidelines for approval for any continuing education units, inservice seminars, projects, courses and other activities which would be deemed sufficient to maintain the development of professional skills and the knowledge of subject matter pertinent to particular licenses in accordance with the same procedures used for initial approval of collegiate preparation programs.  The commissioner shall establish for each license alternate methods for fulfilling the professional development requirement, at least one of which must be at no cost to persons employed by a school district who are engaging in such an activity for the purpose of satisfying the professional development requirements for license renewal of this section.

  A teacher who is to be hired or assigned in a position in an area of license in which he is not currently employed, but for which he held a  license which had been active and valid within five years immediately preceding the starting date of employment in this position, shall be given a reasonable period, as determined by the board, to fulfill a professional development plan which demonstrates currency in the subject matter knowledge of said license. In every instance, all evaluations and assessments shall follow nationally recognized professional standards.

  Each local and regional school district shall attest to the department of education, in such form and at such time as the commissioner shall prescribe, that professional development activities provided by the district for which credit toward license renewal is granted meet the requirements set by the board and are documented in accordance with procedures established by the board.

  The board shall, in establishing said policies and criteria for professional development, give special consideration to the best interests of the students in the commonwealth including the need for high quality teachers of English language learners programs established under chapter 71A for limited English proficient students and the need to maintain the highest performance standards of educators while taking into proper consideration the financial or time constraints these policies may require. In developing such policies, guidelines and assessment methods, the board shall obtain the input of teachers, administrators, educational experts, parents, business leaders and others interested in the improvement of the professional status of educators.

  Except as otherwise specifically provided in this section, no rights of any employees of a school district under the provision of this chapter shall be impaired by the provisions of this section.

  Anyone granted an initial license under this section or currently holding such license shall maintain the development of professional skills and the knowledge of subject matter pertinent to the areas of licensure by fulfilling the requirements established by the board to advance to a professional license.

  Anyone granted a professional license under this section or currently holding such license shall be required to maintain the development of professional skills and the knowledge of subject matter pertinent to the areas of licensure by completing the professional development requirements established by the board.

  This section shall not apply to trade, vocational, temporary substitute teachers, exchange teachers, regionally licensed or certified teachers or to teaching or administrative interns; provided, however, that approval for the employment of such personnel shall be generated by the board under such rules and regulations as it may adopt.

  The requirements of this section shall not apply to the licensure of teachers of adult education. Nothing in this section or section 1H of chapter 69 shall be construed to prohibit a school committee from employing an educator licensed under this section to teach adult education.


SECTION 12.  Chapter 71, as so appearing, is hereby amended by adding the following

new section after Section 38R:

Section 38S.  Each public school district seeking to hire a beginning teacher must submit a mentor teacher program plan to the department of education.  Said plan shall include: the process for selecting mentor teachers; the process for matching mentor teachers with beginning teachers; the training that will be required for mentor teachers; the proposed agreements between mentor and beginning teachers; proposed release time and other compensation for mentor teachers; proposed release time for beginning teachers; and, such other additional information as established by the department.   Each mentor teacher program shall be at least two school years in duration. Such plan shall be submitted no later than June 1, 2007 for any school district that plans to hire a beginning teacher for the school year 2007-2008.  Thereafter, any school district that plans to hire a beginning teacher for any school year must submit its mentor teacher program plan no later than March 1 of the previous school year.  The department shall ensure that all school districts file their plans in a timely manner and shall ensure that school districts implement their mentor teacher plans as approved.  For the purposes of this section, a beginning teacher shall mean either an educator who holds a professional, an initial or a conditional license who is serving as a teacher in the district for the first time.  In the case of an educator who holds a conditional or initial license, the mentor plan must meet the requirements of the district plans to supervise and support conditional and initial educators as required by Section 38G.  Districts are not required to provide a mentor teacher program for professional teachers with recent teaching experience in the Commonwealth.

The department shall set guidelines and standards for approval of mentor teacher programs, shall provide training and technical assistance to districts in planning and implementing such programs, shall provide training for mentor teacher candidates, and shall administer the mentor teacher grant program.  The mentor teacher grant program shall provide a financial grant annually to every public school district of $10,000 for each first year beginning teacher who is provided with a mentor and $5000 for each second year beginning teacher who is provided with a mentor.  The grant monies shall be used to compensate the district for release time for the mentor or beginning teacher, for a stipend to the mentor teacher, or for other costs associated with the program.

Every mentor teacher program shall provide that: every beginning teacher shall be assigned a mentor teacher; to the extent feasible, the mentor teacher assigned to the beginning teacher shall be a teacher of the same grade, subject or specialty whose assignment is in close proximity to the beginning teacher; the mentor teacher shall be selected through a process designated by the district, which process shall involve teachers and shall be approved by the recognized bargaining agent of the teachers in the district; the mentor teacher shall complete state-approved mentor training; the district, beginning teacher, mentor and other program staff shall reach agreement on their roles and responsibilities and this agreement must: allot the beginning teacher and the mentor a reasonable amount of release time for the mentor program and for other professional development activities; provide for regular observation of the beginning teacher by the mentor and the mentor by the beginning teacher; and be put in writing and signed by all relevant parties; and, the district must compensate the mentor for his or her services.

Mentor teachers shall be selected through a process designated by the district as described above.  At a minimum, mentor teachers must hold a professional license and have teaching experience in the district. The specific form and amount of compensation for mentor teachers shall be determined through the collective bargaining process; provided, however, that stipends for mentor teachers shall not be less than $2000 per school year.  The mentor teacher shall not be the evaluator of the beginning teacher.

 

SECTION 13.  Section 42 of said chapter 71, as so appearing, is hereby amended by deleting the last sentence of the second paragraph.

 

SECTION 14.  Section 41 of chapter 71 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking the first sentence and inserting in place thereof the following: -

For purposes of this section, a teacher holding any certificate issued under section 38G who has served in the public schools of a school district for three previous consecutive school years shall be considered a teacher, and shall be entitled to professional teacher status as provided in section forty-two.

 

SECTION 15.  Section 13 of this act shall take effect as of the effective date of chapter 71 of the acts of 1993.