By Mr. Hynes of Marshfield, petition (accompanied by bill, House, No. 458) of Frank M. Hynes for legislation to establish a financing plan for the public schools of the Commonwealth.  Education.

The Commonwealth of Massachusetts

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PETITION OF:

Frank M. Hynes

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In the Year Two Thousand and Seven.

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An Act relative to the state's responsibility to the public schools.

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

    Whereas, Part 11, C.5, Section ____ of the Constitution of the Commonwealth of Massachusetts states “it shall be the duty of legislatures and magistrates, in all future periods of the Commonwealth, to cherish ..... the public schools ....., and;
   Whereas, the Supreme Judicial Court of the Commonwealth of Massachusetts in its decision of June 15, 1993; “McDuffy vs. Secretary of the Executive Office of Education” stated, that the ‘Massachusetts Constitution imposes an enforceable duty on the Magistrates and Legislatures of this Commonwealth to provide education in the public schools for the children there enrolled, whether they be rich or poor and without regard to the fiscal capacity of the community or district in which such children live .... and that it is the responsibility of the Commonwealth to take such steps as may be required .... to devise a plan and sources of funds to meet this constitutional mandate’ .... .
   The Committee on Education and Committee on Ways and Means are hereby authorized and directed to establish a state financing plan for the public schools which shall require that no less than 25 per cent of each school district’s “foundation budget”, as defined by Chapter 71 of the Acts of 1993 and subsequent definitions, shall be paid from the Treasury of the Commonwealth and appropriated in each fiscal year. Said plan shall be in effect for the fiscal year 2008. Thereafter said plan shall require that in each subsequent year the state’s share of each school district’s foundation budget shall rise by 5 per cent so that by the year 2014 each school’s foundation budget shall be financed by no less than 40 per cent in state financial assistance.