SENATE, No. 270

SECTION 1. Chapter 15A of the General Laws is hereby amended by striking out section 19B, as appearing in the 2004 Official Edition,  and inserting in place thereof the following section:—

Section 19B. There shall be an intensive teacher training program, known as the Massachusetts Institute for New Teachers, to be administered by the department of education for the purpose of recruiting and training aspiring educators with the expertise and commitment to teach a high demand subject in a high need school district. The goal of the program shall be to encourage high achieving candidates to enter the profession who would otherwise not consider a career in teaching. The intensive teaching training program shall set forth an outreach plan to attract underrepresented populations to the teaching profession. Funding for the program shall be subject to section 35S of chapter 10.

  The board of education shall promulgate regulations for the effective implementation of the program. The regulations shall, at a minimum, require that the program provided knowledge-based instruction and training in the areas of professional expertise of educators and administrators identified in section 38Q of chapter 71. The regulations shall also set forth an outreach plan to attract underrepresented populations to the teaching profession. The program also shall provide ongoing support and assessment to participants during their first year as a practicing teacher.

SECTION 2. The eighth paragraph of section 1I of chapter 69 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Professional development activities shall be aligned with the requirements of section 38Q of chapter 71.

SECTION 3. Section 2 of chapter 70 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Adjusted property valuation” and inserting in place thereof the following definition:-

“Adjusted property valuation”, the equalized property valuation of the municipality multiplied by: (i) the relative household median income for the municipality; or (ii) 1, whichever is less.

SECTION 4. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of “Base aid”, and inserting in place thereof the following definition:-

“Base aid”, aid amounts payable to municipalities in any fiscal year equal to the total of state school aid of the previous fiscal year, less foundation aid in the current year.

SECTION 5. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definitions of “Commissioner” and “Department”, and inserting in place thereof the following 2 definitions:-

“Commissioner”, the commissioner of education.

“Department”, the department of education.

SECTION 6. Said section 2 of said chapter 70, as so appearing, is hereby further amended by inserting after the definition of “District” the following 2 definitions:-

“District target gap”, for any district, the positive difference, if any, between: (i) the district target share multiplied by the district foundation budget; and (ii) the sum of the foundation aid and base aid allotted to the district from all member municipalities.

 “District target share”, for any district, the weighted average of the municipal target shares of all member municipalities, with weighting factors proportional to the member districts’ foundation enrollments in the district as a share of total district foundation enrollment.

  SECTION 7. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out, in line 107, the words “equity gap multiplied by the foundation aid per cent” and inserting in place thereof the following words:- high contribution adjustment, if any.

 SECTION 8. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definitions of “Equity gap” and “Excess debt service amounts.”

SECTION 9. Said section 2 of said chapter 70, as so appearing, is hereby further amended by inserting after the definition of “Extraordinary maintenance allotment” the following definition:-

“Fiscal strength index”, half the sum of the relative household median income and the relative equalized property valuation per resident.

SECTION 10. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out, in lines 137 and 138, the words “gap multiplied by the statewide foundation aid percent” and inserting in place thereof the following words:- budget less the minimum required local contribution.  Foundation shall be calculated separately for each municipality's share of each district to which it belongs.

SECTION 11. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of “Foundation aid percent”.

SECTION 12. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of “Foundation gap”.

SECTION 13. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definitions of “Gross overburden amounts” “Gross standard of effort”, and “Local contribution” and inserting in place thereof the following 5 definitions:-

“High contribution adjustment”, in fiscal year 2008, 1/7 of the high contribution gap; in fiscal year 2009, 1/6 of the high contribution gap; in fiscal year 2010, 1/5 of the high contribution gap; in fiscal year 2011, 1/4 of the high contribution gap; in fiscal year 2012, 1/3 of the high contribution gap; in fiscal year 2013, 1/2 of the high contribution gap; in fiscal year 2014 and thereafter, the high contribution gap.

“High contribution gap”, the positive difference, if any, between a municipality’s implicit tax rate and 125 per cent of the statewide average implicit tax rate, multiplied by the municipality’s adjusted property valuation.

“Implicit tax rate”, for any municipality, the preliminary local contribution per 1000 dollars of adjusted property valuation.

“Low contribution adjustment”, in fiscal year 2008, 1/7 of the low contribution gap; in fiscal year 2009, 1/6 of the low contribution gap; in fiscal year 20010, 1/5 of the low contribution gap; in fiscal year 20011, 1/4 of the low contribution gap; in fiscal year 2012, 1/3 of the low contribution gap; in fiscal year 2013, 1/2 of the low contribution gap; in fiscal year 2014 and thereafter, the low contribution gap; provided, however, that the low contribution adjustment shall not be greater than the positive difference, if any, between: (a) the municipality’s foundation budget, including the foundation budget associated with the municipality’s pupils enrolled at local and regional districts of which the municipality is a member; and (b) the sum of prior year state school aid and the municipality’s current year preliminary local contribution with the low contribution adjustment set at zero.

 “Low contribution gap”, the positive difference, if any, between 75 per cent of the statewide average implicit tax rate and a municipality’s implicit tax rate, multiplied by the municipality’s adjusted property valuation.

SECTION 14. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definitions of “Minimum aid” and “Minimum required local contribution” and inserting in place thereof the following 2 definitions:-

 “Minimum aid”, aid amounts payable to municipalities in any fiscal year equal to 50 dollars multiplied by the foundation enrollment less any positive difference between: (a) the sum of foundation aid and base aid; and (b) prior year state school aid.  Minimum aid shall be calculated separately for each municipality's share of each district to which it belongs.

“Minimum required local contribution”, the preliminary local contribution, reduced as needed such that the sum of the minimum required local contribution and state school aid is not greater than 150 per cent of the foundation budget associated with the municipality’s share of enrollment at each district of which the municipality is a member.  The minimum required local contribution shall be defined separately for each municipality's share of each district to which it belongs.

SECTION 15. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out in lines 452 to 454, inclusive, the words “the factor determined by subtracting one from the quotient calculated by dividing total state school aid for the current fiscal year by total state school aid for the prior fiscal year” and inserting in place thereof the following words:- 150 per cent of the statewide growth rate in local general revenues.

SECTION 16. Said section 2 of said chapter 70, as so appearing, is hereby further amended by inserting, after the definition of “Municipal revenue growth factor” the following definition:-

“Municipal target share”, for any municipality, the percentage of the foundation budget obtained as follows: (1) for municipalities with a fiscal strength index of less than 1.1, sum of: (i) negative 0.85 multiplied by the fiscal strength index, expressed as a percentage; and (ii) 120 per cent; or (2) for municipalities with a fiscal strength index of 1.1 or greater, the quotient obtained by dividing 25 per cent by the positive difference between the fiscal strength index, expressed as a percentage, and 15 per cent.  Notwithstanding the calculation above, the municipal target share shall not be less than 10 per cent.

SECTION 17. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definitions of “Overburden aid” and “Preliminary local contribution” and inserting in place thereof the following definition:-

“Preliminary local contribution”, for municipalities for which prior year local contribution divided by prior year adjusted property valuation was at or below 105 per cent of the statewide average the product of (i) the minimum required local contribution of the prior fiscal year, and (ii) one plus the municipal revenue growth factor; or, for municipalities for which prior year local contribution divided by prior year adjusted property valuation was above 105 per cent of the statewide average, the product of (i) the minimum required local contribution of the prior fiscal year, and (ii) 1 plus the lesser of the municipal revenue growth factor or the per cent growth in the foundation budget from the prior year to the current year; provided, that for all municipalities, this product shall be increased by the low contribution adjustment, if any, or decreased by the high contribution adjustment, if any.  The preliminary local contribution shall be defined separately for each municipality's share of each district to which it belongs.  The preliminary local contribution of any municipality shall be allocated to each district of which the municipality is a member in proportion to the foundation budget associated with the municipality’s pupils at that district as a share of the foundation budget associated with the municipality as a whole.

SECTION 18. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definitions of “Standard of effort”, “Standard of effort gap”, “State overburden obligation” and “State school aid” and inserting in place thereof the following 4 definitions:-

“Relative household median income”, household median income divided by the statewide average household median income, as reported by the department based on data reported by the United State census bureau and adjusted by the department for growth in income since the most recently reported data from the United States census bureau.  In adjusting income, the department shall use data reported by the department of revenue indicating growth in income of resident taxpayers.

 “Relative equalized property valuation per resident”, the quotient obtained by dividing equalized property valuation per resident by the statewide average equalized property valuation per resident.  In estimating the number of residents of a municipality, the department shall rely upon the number of residents as most recently reported by the United State census bureau.

“State school aid”, all amounts appropriated by the commonwealth under this chapter. It shall not include any state funding for transportation, for school building construction, for special education circuit breaker reimbursement, for the METCO program or for other categorical grants such as school-to-work transitional grants. The department shall publish tables allotting each municipality's state school aid in fiscal year 2007 among the school districts to which the municipality belongs. For municipalities where all students attend regional districts all state school aid shall be allocated amongst the regional districts. The aid received on behalf of students tuitioned out to other districts shall be allotted to the municipality or district paying tuition.

“Target aid”, aid amounts payable to municipalities in any fiscal year, equal to a fraction of the total for all districts of which a municipality is a member of the product of the district target gap and the municipality’s foundation enrollment at that district as a share of that district’s total foundation enrollment.  In fiscal year 2008, the fraction shall equal 1/7; in fiscal year 2009, the fraction shall equal 1/6; in fiscal year 2010, the fraction shall equal 1/5; in fiscal year 2011, the fraction shall equal 1/4; in fiscal year 2012, the fraction shall equal 1/3; in fiscal year 2013, the fraction shall equal 1/2; and in fiscal year 2014 and thereafter, the fraction shall equal 1.

SECTION 19. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out, in lines 556 to 558, inclusive, the words “in any community in which the percent of total foundation enrollment represented by the low-income enrollment is greater than the total percent of low-income students in the state”.

SECTION 20. Said chapter 70 is hereby further amended by striking out section 5, as so appearing.

SECTION 21. Section 6 of said chapter 70, as so appearing, is hereby amended by striking out, in line 8, the words “but not including equity aid”.

SECTION 22. Said section 6 of said chapter 70, as so appearing, is hereby further amended by striking out, in line 9, the word “twelve” and inserting in place thereof the following figure:- 10.

SECTION 23. Said section 6 of said chapter 70, as so appearing, is hereby further amended by striking out, in line 14, the word “thirty” and inserting in place thereof the following figure:- 3.

SECTION 24. Said section 6 of said chapter 70, as so appearing, is hereby further amended by striking out the second paragraph.

SECTION 25. Section 10 of said chapter 70, as so appearing, is hereby amended by striking out, in lines 3, the words “the overburden” and inserting in place thereof the following word:- target.

SECTION 26. Said chapter 70 is hereby further amended by striking out section 12, as so appearing,.

SECTION 27. Said chapter 70 is hereby further amended by striking out section 13, as so appearing, and inserting in place thereof the following section:-

Section 13. (a) The funds appropriated for state school aid shall be allocated among municipalities as set forth in this chapter. If the amount appropriated is less than the total foundation aid amount, each municipality's allotment of foundation aid shall be reduced by a constant amount per student that shall be determined by dividing the difference between the total foundation amount and the appropriation amount by the total foundation enrollment in the state.

(b) If the amount appropriated is more than the foundation amount, funds shall first be allocated to ensure that state school aid for each municipality equals the foundation aid amount.

(c) Any additional funds shall be allocated to cover base aid. If the amount appropriated for state school aid is insufficient to permit full funding of the foundation aid and base aid, funds in excess of the amount needed to fund foundation aid shall be allocated on a proportional basis reflecting the ratio of a particular municipality's base aid to the sum of base aid amounts of all municipalities for that fiscal year.

(d) All remaining funds shall be allocated to cover first target aid and then minimum aid, and then equity aid.

SECTION 28. Section 38 of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the fourth paragraph the following 4 paragraphs:—

At a minimum, performance standards for all teachers shall include broad categories, including the areas of professional expertise of educators identified in section 38Q.

At a minimum, performance standards for principals shall include broad categories including the areas of professional expertise of administrators identified in section 38Q.

During each school year, administrators shall visit classrooms on a regular basis, engage in supervisory conversations and offer teachers feedback. Teacher evaluations shall include multiple sources of data, including but not limited to, observations, communication with parents, performance of routine duties, student products, unit plans, evidence of teachers’ analysis of student progress to adjust and focus their teaching, instructional strategies to meet different learning needs, including strategies for effective inclusive schooling for children with disabilities and limited English proficiency, and evidence of collaboration with other teachers. Parent and student perspectives may be used in the evaluation process.

In between formal evaluations, teachers shall engage in professional development activities, pursuant to section 38Q, which must be reviewed for clarity, rigor and substance.  Professional development activities shall include, but not be limited to, peer observation, action research, lesson study task groups, review and analysis of student performance data and any other projects developed by districts. All professional development projects shall be reviewed by administrators for clarity, rigor and substance.

SECTION 29. Section 38G of said chapter 71, as so appearing, is hereby amended inserting after the fifth paragraph the following paragraph:—

District-based training programs for provisional educators shall include but not limited to (i) knowledge based instruction and training in the areas of professional expertise of educators identified in section 38Q; and (ii) practical application and performance based assessment of these strategies. District based administrator training programs shall include but not be limited to (i) knowledge based instruction and training in the areas of professional expertise of administrators identified in section 38Q; and (ii) practical application and performance based assessment of these strategies.

SECTION 30. Said section 38G of said chapter 71, as so appearing, is hereby further amended by inserting after the word “will”, in line 162, the following words:-  implement a comprehensive training program to.

 SECTION 31. Said section 38G of said chapter 71, as so appearing, is hereby further amended by inserting after the word “board”, in line 184, the following words:-  and that is in accordance with section 38Q.

SECTION 32. The twenty-first paragraph of said section 38G of said chapter 71, as so appearing, is hereby amended by inserting after the first sentence, the following 2 sentences:-  In addition, all educators and administrators shall have training in educator instruction in reading and reading comprehension strategies to be based on data-driven research-based instruction models, premised upon periodic reading assessments to be required for all students in grades kindergarten to 5, inclusive, no less than 3 times per year.  Educators shall be proficient in assessing progress, identifying student deficiencies, and planning appropriate interventions, including specific intervention materials, highly structured lessons designed to address a specific skill, and small group reading support and instruction.

SECTION 33. The twenty-fourth paragraph of said section 38G of said chapter 71, as so appearing, by inserting, after the first sentence, the following 4 sentences:-  To receive program approval, a college or university or school or district or other institution offering an approved teacher training program (i) shall provide knowledge based instruction and training in the areas of professional expertise of educators identified in section 38Q;  (ii) shall require 1 year of practical application and a performance based assessment of these areas using multiple sources of data; and (iii) shall partner with a school district to create professional development programs which focus on improving the achievement of students in the district.  Policies and guidelines for approved administrator training programs shall require (i) training in knowledge-based instruction in the areas of professional expertise of administrators identified in section 38Q; and (ii) 1 year of practical application and performance based assessment of these areas using multiple sources of data.  The department of education shall develop an assessment that principals and superintendents will use to rate the preparedness of beginning teachers who complete an approved teacher training programs.  The assessment of each teacher shall be attributed to the approved training program which he attended and said assessments shall be made public.

SECTION 34. Said section 38G of said chapter 71, as so appearing,   is hereby amended by inserting after the twenty-fifth paragraph the following paragraph:-

In addition to any other requirements of this section, the board shall require, as a provision of an administrator’s or teacher’s license renewal, that all educators and administrators shall complete training required by section 38Q. Anyone granted either a preliminary, initial or professional license under this section or currently holding the license shall be required to maintain the development of professional skills and the knowledge of subject matter pertinent to the areas of licensure, and in accordance with said section 38Q.

 SECTION 35. Section 38Q of said chapter 71, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following 3 paragraphs:—

Every school district in the commonwealth shall adopt and implement a professional development plan for all administrators and educators that shall be aligned with school improvement goals and linked to student results, and annually shall update the plans and set forth a budget for professional development within the confines of the foundation budget. The plan may also include training in the provision of pre-referral services within regular education. The plan shall also include training for members of school councils, pursuant to section 59C. The plan may include teacher training which addresses the effects of gender bias in the classroom. In any school district with limited English proficient students, the plan shall provide training for teachers in second language acquisition techniques for the re-certification of teachers and administrators.  

District professional development plans for educators shall include knowledge-based training in the following areas of professional expertise: (i) subject content knowledge; (ii) state curriculum frameworks and student performance requirements; (iii) curriculum planning, student performance assessment and analysis and modification of instructional materials; (iv) instructional strategies to meet different learning styles for all students including effective inclusive schooling for children with disabilities and limited English proficiency; (v) language acquisition methods; (vi) methods of instruction in reading and reading comprehension strategies based on data-driven research-based instruction models and premised upon periodic, frequent reading assessments, particularly for students in grades kindergarten to 5, inclusive, with the goal that all educators shall be proficient in assessing progress, identifying student deficiencies, and planning appropriate interventions, including specific intervention materials, highly structured lessons designed to address a specific skills, and small group reading support and instruction; (vii) parent and community relations; and (viii) collaboration with other educators. Professional development plans for teachers shall be aligned with school improvement goals and shall be linked to student results.

District professional development plans for administrators shall include knowledge-based training in the following areas of professional expertise: (i) instructional leadership, including state curriculum frameworks, student performance standards, strategies for effective inclusive schooling for children with disabilities and limited English proficiency, student performance data analysis, and strategic long and short term planning, (ii) methods of instruction in reading and reading comprehension strategies based on data-driven research-based instruction models and premised upon periodic, frequent reading assessments, particularly for students in grades kindergarten to 5, inclusive, with the goal that all administrators be proficient in supporting educators in assessing progress, identifying student deficiencies, and planning appropriate interventions, including specific intervention materials, highly structured lessons designed to address a specific skills, and small group reading support and instruction; (iii) organizational leadership; (iv) educator evaluation skills and methods, personnel selection, supervision and teacher evaluation skills,  including observation, performance analysis and documentation; (v) professional collaboratives, including distributed instructional leadership; (vi) communication skills; (vii) promotion of equity and diversity; and (viii) parent and community relations. Professional development plans for administrators shall be aligned with school and district improvement goals and shall be linked to student results.

SECTION 36. Section 59B of said chapter 71, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

The principal of each school shall create, support and lead teachers to work together in analyzing and improving their performance. Principals shall develop and implement distributed leadership that addresses areas such as the following: instructional leadership, school climate, operation and management of the school, safety and discipline, and teacher support. The leadership may include, but shall not be limited to, the establishment of positions such as the following: a director of instruction; a student performance data analyst and a logistics officer to manage facilities and work with outside contractors. The principal shall manage the structure of the school day and time available for ongoing instructional support and collaboration with and among educators. Any leadership model shall not be construed as an alternative to the statutory authority or responsibility of the principal.

SECTION 37. Notwithstanding the definition of “Preliminary local contribution” in section 2 of chapter 70 of the General Laws, as amended by section 17 of this act, the department of education shall develop guidelines to phase-in over not more than 4 years the requirement that the preliminary local contribution of any municipality be allocated to each district of which the municipality is a member in proportion to the foundation budget associated with the municipality’s pupils at that district as a share of the foundation budget associated with the municipality as a whole.

  SECTION 38. Notwithstanding any general or special law to the contrary, for fiscal years 2008 and thereafter, reimbursements for regional schools for the transportation of pupils shall equal 100 per cent of costs.

SECTION 39. Notwithstanding any general or special law to the contrary, the board of education may adopt regulations allowing for the implementation of changes made in this act to licensure, training, and professional development of educators and administrators over a period of not more than 4 years.

SECTION 40. Notwithstanding section 2 of chapter 70 of the General Laws, the state shall pay through the mechanisms of target aid as phased in over time one hundred percent of the foundation budget associated with children who reside on Massachusetts Military Reservation, net of federal impact aid.  For municipalities receiving aid pursuant to this section, the municipal target share shall equal the weighted average of: a) the municipal target share calculated prior to applying this section; and b) one minus the quotient found by dividing any federal impact aid actually paid in connection with children residing on the Massachusetts Military Reservation in the prior fiscal year by the foundation budget associated with children who reside on Massachusetts Military Reservation.  For the purpose of this section, weighted average shall mean the average of the percentages indicated in the previous sentence, weighted in proportion to the share of the foundation represented by schoolchildren who reside on the Massachusetts Military Reservation and those who do not, respectively. 

Notwithstanding any general or special law to the contrary, aid received by a city, town, or regional school district through clause 7 of item 7061-0011 of section 2 of chapter 149 of the acts of 2004 shall be considered part of base aid for the purposes of chapter 70 of the General Laws for fiscal year 2008.

SECTION 41. This act shall take effect on July 1, 2007.