SENATE, No. 291

The Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT

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. The general court hereby acknowledges that the Supreme Judicial Court has reaffirmed the constitutional imperative that “because education is ‘fundamentally related to the very existence of government,’ the commonwealth has a constitutional duty to prepare all of its children ‘to participate as free citizens of a free State to meet the needs and interests of a republican government, namely the Commonwealth of Massachusetts.’”  Hancock vs. Commissioner of Education et al., 443 Mass. 428 (2005).  The general court hereby reaffirms its commitment, as articulated in the Education Reform Act, chapter 71 of the Acts of 1993, to provide a public education system of sufficient quality to extend to all children the opportunity to reach their full potential and to lead lives as participants in the political and social life of the commonwealth and as contributors to its economy. 

Pursuant to the requirements of the Education Reform Act of 1993, the board of education has established seven curriculum frameworks for mathematics, science and technology, history and social science, English language arts, foreign languages, the arts, and health.  The general court finds that these frameworks were enacted to define the academic requirements of the commonwealth’s plan for public education. The further steps outlined in this act are required to assure the commonwealth is meeting its obligations to provide resources sufficient for school districts to implement these curriculum requirements and thereby assure educational opportunity for all children in the commonwealth.  Under such obligations the commonwealth shall ensure:  (1) that each public school classroom has learning materials for all pupils to engage fully in learning, (2) a consistent commitment of human resources sufficient to provide a high quality public education to every child, (3) a deliberate process for establishing and achieving specific educational performance goals for every child, (4) adequate physical facilities and appropriate technologies, and (5) an effective mechanism and resources so that the department of education can monitor progress toward these goals and holding educators accountable for their achievement. 

            In its ongoing commitment to public education,, the general court finds that:

• access to early childhood education is essential to the success of public schools.   If all children are to have the opportunity to achieve their potential, high quality early childhood education can significantly improve a child’s school performance, especially for children at risk.
•  a broad spectrum of extracurricular activities, including athletics, the arts, community service, and other activities, are essential to every student’s success.  These activities provide students the opportunity for additional interaction with adults, development of skills, and positive experiences outside the classroom which will enhance the opportunity students have for success in reaching their potential.
• adequate and fair funding is necessary for every public school in the commonwealth. In light of that intent, it is necessary at this time to examine the commonwealth’s school funding to ensure that it is aligned with the commonwealth’s own academic and other educational goals, as set forth in the Education Reform Act of 1993 and in this act.

SECTION 2.   In order to determine, as a basis for legislative action, the resources needed to achieve the commonwealth’s educational goals, a committee, to be known as the Education Resource Study Committee, made up of the chairs of the Joint Committee on Education, the Secretary of Administration and Finance, or her designee, and the Governor’s Education Advisor, is hereby authorized to conduct a study to determine the resources necessary to achieve the commonwealth’s educational goals.    The committee shall contract with an objective, independent consultant to conduct a professional assessment to ascertain the resources and the costs of the resources needed to provide all students in Massachusetts with the opportunity for a high quality education to enable them to reach their potential as set forth in the Education Reform Act of 1993 and in this act.

For purposes of its work, the committee and consultant shall have access to all necessary papers, vouchers, books and records pertaining to the department of education and to any school district in the commonwealth.  The department of education, school districts and the personnel of each shall cooperate with the committee and consultant for any purpose connected to its work pursuant to this act, including, but not limited to, participating in interviews and producing books, records and documents.  The committee and consultant may request reasonable assistance from the commissioner of education and from the superintendent of any school district, and said officers shall furnish the committee and consultant with any relevant information in their possession which is requested by the committee and consultant. 

The committee shall:

 (1)  Prepare a request for proposals for the conduct of a resource study,          advertise nationally for such proposals, evaluate the proposals and contract with       an appropriate independent entity or independent consultants to conduct a         professional evaluation of

a) the extent of educational and other resources required by school districts so that they are able to implement fully each of the seven curriculum frameworks and fulfill the goals of the Education Reform Act and this act, and

b) the resources required by the department of education so that it is able to fulfill its responsibilities under the provisions of the Education Reform Act. Such responsibilities shall include providing technical assistance to school districts so that they can improve the capacity of school districts to implement the curriculum frameworks effectively and devising instructional strategies which improve learning for diverse student populations.

(2) Include in its proposals the requirements that in conducting its study, the       consultant shall do the following:

(a) consider and evaluate all the resources which relate to student learning and educational opportunity, including, but not limited to:   class size; special education programs, including programs for English language learners; pre-school programs for all 3- and 4-year-olds and full-day kindergarten; additional resources needed to assure educational opportunity for low-income students; salaries needed to attract and retain high quality professionals; technology; extra-curricular programs; remedial programs for students at risk of failing to satisfy graduation requirements; and quality books and equipment for science labs;

(b)  provide the committee with a proposed work plan before beginning             the study;

(c) interview and consult with representatives of educational professions and other groups involved in issues of educational policy and finance, including, but not limited to the Massachusetts Association of School Superintendents, the Massachusetts Association of School Committees, the Massachusetts Teachers Association, the American Federation of Teachers/Massachusetts, the Massachusetts Municipal Association, the Rennie Center for Education Research and Policy, the Council for Fair School Finance, the Massachusetts Budget and Policy Center, the Massachusetts Taxpayers Foundation, Massachusetts Business Alliance for Education, the Commissioner of the  Department of Education, the Massachusetts Parent Teacher Organization, Stand for Children, academics and researchers involved in educational strategies, and the general public through public hearings; 

(d)  review successful educational programs in schools and school districts with diverse socio-economic characteristics and racial make-up and assess the possibility of replicating such programs in other schools and school districts;

(e)  file monthly progress reports with the committee outlining the work of the previous month and the work planned for the upcoming month;

(f)  after the completion of one-third of the work and again after completion of two-thirds of the work, participate in a forum with the committee to provide an opportunity for public comment; 

(g) issue a preliminary report on its work and the cost study and solicit comments, criticisms and suggestions from professional educators, education administrators and experts in education policy and finance concerning the report; and

(h)  deliver a final report to the president of the senate, the speaker of the house of representatives, and the joint committee on education no later than September 1, 2008. 

SECTION 3.   For funding the work of the committee and the cost study required by Section 2 of this act……………………………..………………………..…$600,000. 

SECTION 4.  For fiscal year 2008, for each school district, the foundation budget, minimum required local contribution, Chapter 70 aid, and minimum required net school spending shall be calculated using the methodology underlying the distribution of Chapter 70 aid in Section 3 of Chapter 139 of the Acts of 2006; provided that, in calculating the foundation budget, the pre-school classroom and specialist teachers allotment shall be based on a pupil:teacher ratio of 13:1;  the number of pre-school regular education students included in foundation pre-school enrollment shall not exceed three times the number of pre-school students enrolled under approved individual education plans; the elementary school classroom and specialist teachers allotment shall be based on a pupil:teacher ratio of 14:1 in grade one, and 22:1 in grades two through five; assumed in-school special education enrollment shall be 4 percent of total foundation enrollment in a district not counting vocational or preschool enrollment, plus 5 percent of vocational enrollment; the limited English classroom and specialist teachers allotment shall be increased by $175 over the inflation-adjusted FY07 allotment; and the low-income classroom and specialist teachers allotment shall be increased by $200 over the inflation-adjusted FY07 allotment; provided further that, in calculating the minimum required local contribution, Chapter 70 aid, and minimum required net school spending, the maximum target local contribution shall be 85 percent of a municipality’s foundation budget; the effort reduction percentage shall be 40 percent; and the calculation of down payment aid shall use a figure of 40 percent of the positive difference between 100 percent of a district’s target aid share and its prior year chapter 70 aid.

SECTION 5.  For school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws and section 4 of this act………………………………………………………….…$3,805,111,934