The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act commissioning a study and review, and recommending change, to Chapter 70, the education funding formula and law. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section
4 of Chapter 70 of the General Laws is hereby amended by striking out the
entire section and inserting in place thereof the following new section 4:—
In 2005, and every four years thereafter, there will hereby be established a
Chapter 70 Education Reform commission to study and review the current manner
in which the Commonwealth funds public school education, including, but not
limited to, a study and review of the following: the way foundation budgets are
calculated; whether such calculations may be simplified; whether such
calculations provide an adequate and equitable education to all the children of
the Commonwealth; whether there are alternative, dependable sources to fund
public education other than the property tax; and whether the usage of average
income could replace property tax in the education funding formula, or
whichever resulting amount was greater. Said Chapter 70 Education Reform
commission will make both specific and general recommendations to the general
court regarding such changes in the formula and education funding laws as may
be appropriate, as well as recommendations to ensure that state and local
spending, resources, and high educational goals and standards are linked to
provide an adequate and equitable education for all children in the
Commonwealth, and at the same time, such recommendations should consider both
short and long term strategies for the continued economic health of the
Commonwealth: thus, the commission’s recommendations may take into account a
multi-year phase-in of such recommendations.
The Chapter 70 Education Reform commission shall also examine the assumed
percentage for special education costs included in such formula and shall make
recommendations regarding changes in such percentage or other mechanisms to
finance special education costs including, but not limited to: reimbursement
programs or phased-in; standards-based funding programs that increase the state
contribution to such costs over a fixed period of years; and funding of the
special education “Circuit Breaker”, the special education “Stop-Loss Pool”, to
provide insurance for school districts for extraordinarily high individual
student’s special needs requirements, and the Zero (0) Interest Loan
legislation as set forth in the Acts of 2000, c159, Sec. 171.
In conducting such review, said Chapter 70 Education Reform commission shall
seek to determine the educational standards, programs, resources, and services
needed to provide all students an adequate education and to assist them to
achieve passing scores on the Massachusetts Comprehensive Assessment System.
The Chapter 70 Education Reform commission shall also seek to determine a
distribution formula that is fair and equitable for students, comparable
districts, and taxpayers across the Commonwealth.
The commission shall include the house and senate chairs of the joint committee
on education, arts and humanities, who shall serve as co-chairs, the speaker of
the house of representatives or his designee, the president of the senate or
his designee, the minority leader of the house of representatives or his
designee, the minority leader of the senate or his designee, the chair of the
house committee on ways and means or his designee, the chair of the senate
committee on ways
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and means or his
designee, the governor or his designee, the secretary of administration and
finance or his designee, the commissioner of education, and one member to be
appointed by each of the following organizations: the Massachusetts Municipal
Association, the Massachusetts Business Alliance for Education, the
Massachusetts Taxpayers Foundation, MassINC., the Massachusetts Association of
School Committees, the Massachusetts Association of School Superintendents, the
Massachusetts Teachers Association, the Massachusetts Federation of Teachers,
the League of Women Voters of Massachusetts, the Suburban Coalition, the
Massachusetts Association for Vocational Administrators and the Massachusetts
Association of Regional Schools. Members shall receive no compensation for
their services but may receive reimbursement for the reasonable expenses
incurred in carrying out their responsibilities as members of the commission.
The department of education shall furnish reasonable staff and other necessary
support for the work of the Chapter 70 Education Reform commission.
The Chapter 70 Education Reform commission shall conduct not fewer than four
public hearings to receive testimony from members of the public. The hearings
shall be held in locations that provide opportunities for residents from all
geographic regions of the Commonwealth to testify.
It shall not constitute a violation of chapter 268A for a person employed by a
school district to serve on said commission or to participate in commission
deliberations that may have a financial impact on the district employing such
person or on the rate at which such person may be compensated. The Chapter 70
Education Reform commission may establish procedures to ensure that no such
person participates in commission deliberations that may directly affect the
school districts employing such persons or that may directly affect the rate at
which such persons are compensated.
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The Chapter 70 Education Reform commission’s recommendations, together with any proposed legislation, shall be filed not later than December 31st of the year in which said commission was initiated. Such filing shall be with the house and senate chairs of the joint committee on education, arts and humanities. Within thirty days after such filing, the joint committee on education, arts and humanities shall hold no less than two public hearings on the recommendations. Within ninety days of the close of such hearings, the joint committee on education, arts and humanities shall issue its own findings and recommendations, together with proposed legislation.