SENATE, No. 291

By Mr. Augustus, a petition (accompanied by bill, Senate, No. 291) of Edward M. Augustus, Jr., John W. Scibak, Linda D. Forry, Robert P. Spellane and other members of the general court for legislation to fulfill the promise of education reform: adequatefunding for student success. Education.
Version with line numbers

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

Chapter 70 Aid

LEA	Municipality/District	Chapter 70 Aid
1	ABINGTON	7,604,095
2	ACTON	4,677,436
3	ACUSHNET	6,409,850
4	ADAMS	-
5	AGAWAM	15,868,750
6	ALFORD	-
7	AMESBURY	8,833,026
8	AMHERST	6,576,931
9	ANDOVER	6,540,612
10	ARLINGTON	5,958,156
11	ASHBURNHAM	-
12	ASHBY	7,336
13	ASHFIELD	73,144
14	ASHLAND	4,256,926
15	ATHOL	-
16	ATTLEBORO	29,001,467
17	AUBURN	5,150,803
18	AVON	932,052
19	AYER	4,049,085
20	BARNSTABLE	7,074,862
21	BARRE	17,083
22	BECKET	80,981
23	BEDFORD	2,586,564
24	BELCHERTOWN	12,207,487
25	BELLINGHAM	8,167,637
26	BELMONT	3,737,658
27	BERKLEY	5,512,070
28	BERLIN	537,142
29	BERNARDSTON	-
30	BEVERLY	6,949,471
31	BILLERICA	17,425,206
32	BLACKSTONE	119,433
33	BLANDFORD	44,384
34	BOLTON	5,625
35	BOSTON	217,211,386
36	BOURNE	4,926,093
37	BOXBOROUGH	1,427,206
38	BOXFORD	1,588,275
39	BOYLSTON	460,269
40	BRAINTREE	9,786,966
41	BREWSTER	898,296
42	BRIDGEWATER	93,313
43	BRIMFIELD	1,284,993
44	BROCKTON	124,745,854
45	BROOKFIELD	1,357,537
46	BROOKLINE	6,433,158
47	BUCKLAND	-
48	BURLINGTON	5,036,659
49	CAMBRIDGE	8,352,540
50	CANTON	3,291,422
51	CARLISLE	756,704
52	CARVER	10,169,645
53	CHARLEMONT	108,236
54	CHARLTON	-
55	CHATHAM	588,228
56	CHELMSFORD	9,169,937
57	CHELSEA	46,808,971
58	CHESHIRE	281,397
59	CHESTER	106,011
60	CHESTERFIELD	91,744
61	CHICOPEE	44,291,183
62	CHILMARK	-
63	CLARKSBURG	1,568,895
64	CLINTON	11,008,962
65	COHASSET	1,844,825
66	COLRAIN	-
67	CONCORD	1,931,830
68	CONWAY	576,854
69	CUMMINGTON	42,255
70	DALTON	183,248
71	DANVERS	4,398,589
72	DARTMOUTH	10,393,155
73	DEDHAM	3,751,659
74	DEERFIELD	1,110,961
75	DENNIS	-
76	DIGHTON	-
77	DOUGLAS	7,557,297
78	DOVER	558,256
79	DRACUT	16,112,990
80	DUDLEY	-
81	DUNSTABLE	-
82	DUXBURY	3,704,670
83	EAST BRIDGEWATER	11,042,589
84	EAST BROOKFIELD	126,322
85	EASTHAM	302,612
86	EASTHAMPTON	7,578,906
87	EAST LONGMEADOW	7,613,059
88	EASTON	9,185,519
89	EDGARTOWN	421,450
90	EGREMONT	-
91	ERVING	367,395
92	ESSEX	-
93	EVERETT	26,748,795
94	FAIRHAVEN	7,458,189
95	FALL RIVER	93,396,092
96	FALMOUTH	4,846,430
97	FITCHBURG	40,980,437
98	FLORIDA	612,958
99	FOXBOROUGH	8,735,846
100	FRAMINGHAM	16,105,580
101	FRANKLIN	28,553,756
102	FREETOWN	1,618,021
103	GARDNER	19,366,985
104	GAY HEAD	-
105	GEORGETOWN	4,735,934
106	GILL	-
107	GLOUCESTER	6,053,745
108	GOSHEN	74,534
109	GOSNOLD	18,170
110	GRAFTON	8,161,406
111	GRANBY	4,463,384
112	GRANVILLE	1,441,786
113	GREAT BARRINGTON	-
114	GREENFIELD	9,750,915
115	GROTON	-
116	GROVELAND	-
117	HADLEY	728,749
118	HALIFAX	2,714,941
119	HAMILTON	-
120	HAMPDEN	-
121	HANCOCK	189,349
122	HANOVER	6,248,646
123	HANSON	30,812
124	HARDWICK	8,919
125	HARVARD	1,797,118
126	HARWICH	1,671,359
127	HATFIELD	933,736
128	HAVERHILL	34,352,242
129	HAWLEY	28,126
130	HEATH	-
131	HINGHAM	5,207,844
132	HINSDALE	82,283
133	HOLBROOK	5,022,366
134	HOLDEN	-
135	HOLLAND	801,885
136	HOLLISTON	6,736,614
137	HOLYOKE	69,984,337
138	HOPEDALE	6,303,266
139	HOPKINTON	6,016,746
140	HUBBARDSTON	-
141	HUDSON	7,329,563
142	HULL	3,822,543
143	HUNTINGTON	150,346
144	IPSWICH	2,344,268
145	KINGSTON	3,570,717
146	LAKEVILLE	2,471,894
147	LANCASTER	-
148	LANESBOROUGH	728,951
149	LAWRENCE	130,043,843
150	LEE	1,952,277
151	LEICESTER	9,875,902
152	LENOX	1,185,423
153	LEOMINSTER	36,395,006
154	LEVERETT	248,238
155	LEXINGTON	6,611,253
156	LEYDEN	-
157	LINCOLN	675,582
158	LITTLETON	2,845,777
159	LONGMEADOW	4,667,219
160	LOWELL	117,397,295
161	LUDLOW	11,970,665
162	LUNENBURG	4,413,102
163	LYNN	109,557,880
164	LYNNFIELD	3,482,756
165	MALDEN	39,215,104
166	MANCHESTER	-
167	MANSFIELD	16,746,151
168	MARBLEHEAD	4,911,820
169	MARION	423,561
170	MARLBOROUGH	9,914,539
171	MARSHFIELD	14,975,061
172	MASHPEE	4,242,754
173	MATTAPOISETT	527,066
174	MAYNARD	3,159,556
175	MEDFIELD	6,054,200
176	MEDFORD	11,230,244
177	MEDWAY	9,067,289
178	MELROSE	5,618,138
179	MENDON	6,815
180	MERRIMAC	-
181	METHUEN	37,157,101
182	MIDDLEBOROUGH	17,072,544
183	MIDDLEFIELD	-
184	MIDDLETON	1,623,607
185	MILFORD	13,180,810
186	MILLBURY	7,258,579
187	MILLIS	2,860,686
188	MILLVILLE	8,221
189	MILTON	4,075,809
190	MONROE	68,435
191	MONSON	8,039,583
192	MONTAGUE	-
193	MONTEREY	-
194	MONTGOMERY	16,031
195	MOUNT WASHINGTON	34,484
196	NAHANT	427,635
197	NANTUCKET	1,199,158
198	NATICK	5,144,216
199	NEEDHAM	5,368,723
200	NEW ASHFORD	163,377
201	NEW BEDFORD	108,163,812
202	NEW BRAINTREE	-
203	NEWBURY	-
204	NEWBURYPORT	3,231,259
205	NEW MARLBOROUGH	-
206	NEW SALEM	-
207	NEWTON	12,468,630
208	NORFOLK	3,451,050
209	NORTH ADAMS	14,220,541
210	NORTHAMPTON	7,428,054
211	NORTH ANDOVER	5,439,556
212	NORTH ATTLEBOROUGH	21,355,299
213	NORTHBOROUGH	3,224,385
214	NORTHBRIDGE	14,184,873
215	NORTH BROOKFIELD	4,525,715
216	NORTHFIELD	-
217	NORTH READING	5,781,727
218	NORTON	12,945,069
219	NORWELL	2,451,667
220	NORWOOD	5,322,685
221	OAK BLUFFS	586,735
222	OAKHAM	78,296
223	ORANGE	5,192,017
224	ORLEANS	259,104
225	OTIS	-
226	OXFORD	9,595,316
227	PALMER	11,464,131
228	PAXTON	-
229	PEABODY	20,075,692
230	PELHAM	243,592
231	PEMBROKE	12,308,347
232	PEPPERELL	8,559
233	PERU	75,049
234	PETERSHAM	449,764
235	PHILLIPSTON	-
236	PITTSFIELD	35,065,388
237	PLAINFIELD	31,534
238	PLAINVILLE	3,712,586
239	PLYMOUTH	21,364,006
240	PLYMPTON	575,689
241	PRINCETON	-
242	PROVINCETOWN	271,201
243	QUINCY	14,139,860
244	RANDOLPH	12,273,801
245	RAYNHAM	-
246	READING	8,227,792
247	REHOBOTH	-
248	REVERE	30,603,444
249	RICHMOND	347,692
250	ROCHESTER	1,668,565
251	ROCKLAND	9,969,876
252	ROCKPORT	1,300,844
253	ROWE	57,453
254	ROWLEY	-
255	ROYALSTON	-
256	RUSSELL	156,332
257	RUTLAND	9,831
258	SALEM	14,909,219
259	SALISBURY	-
260	SANDISFIELD	-
261	SANDWICH	6,976,124
262	SAUGUS	3,996,489
263	SAVOY	568,567
264	SCITUATE	4,850,112
265	SEEKONK	4,414,038
266	SHARON	7,395,975
267	SHEFFIELD	-
268	SHELBURNE	-
269	SHERBORN	462,172
270	SHIRLEY	4,298,550
271	SHREWSBURY	18,915,651
272	SHUTESBURY	559,798
273	SOMERSET	4,795,810
274	SOMERVILLE	20,253,889
275	SOUTHAMPTON	2,511,972
276	SOUTHBOROUGH	2,777,448
277	SOUTHBRIDGE	15,596,503
278	SOUTH HADLEY	7,174,899
279	SOUTHWICK	-
280	SPENCER	42,795
281	SPRINGFIELD	249,503,527
282	STERLING	-
283	STOCKBRIDGE	-
284	STONEHAM	3,605,395
285	STOUGHTON	11,564,926
286	STOW	-
287	STURBRIDGE	1,990,729
288	SUDBURY	4,359,716
289	SUNDERLAND	877,408
290	SUTTON	5,343,959
291	SWAMPSCOTT	2,417,355
292	SWANSEA	4,627,629
293	TAUNTON	44,249,669
294	TEMPLETON	-
295	TEWKSBURY	13,655,644
296	TISBURY	368,565
297	TOLLAND	-
298	TOPSFIELD	1,254,438
299	TOWNSEND	8,357
300	TRURO	247,404
301	TYNGSBOROUGH	7,776,780
302	TYRINGHAM	34,010
303	UPTON	7,539
304	UXBRIDGE	9,684,684
305	WAKEFIELD	4,728,527
306	WALES	691,864
307	WALPOLE	6,994,341
308	WALTHAM	7,129,080
309	WARE	8,072,862
310	WAREHAM	12,277,419
311	WARREN	529,762
312	WARWICK	-
313	WASHINGTON	20,710
314	WATERTOWN	3,093,455
315	WAYLAND	3,004,302
316	WEBSTER	9,089,508
317	WELLESLEY	5,150,662
318	WELLFLEET	142,449
319	WENDELL	-
320	WENHAM	-
321	WESTBOROUGH	4,062,959
322	WEST BOYLSTON	2,856,455
323	WEST BRIDGEWATER	1,995,478
324	WEST BROOKFIELD	245,933
325	WESTFIELD	34,374,538
326	WESTFORD	15,641,183
327	WESTHAMPTON	476,544
328	WESTMINSTER	-
329	WEST NEWBURY	-
330	WESTON	2,172,340
331	WESTPORT	4,308,000
332	WEST SPRINGFIELD	18,178,151
333	WEST STOCKBRIDGE	-
334	WEST TISBURY	-
335	WESTWOOD	3,017,284
336	WEYMOUTH	22,836,703
337	WHATELY	221,926
338	WHITMAN	130,943
339	WILBRAHAM	-
340	WILLIAMSBURG	409,597
341	WILLIAMSTOWN	946,943
342	WILMINGTON	7,673,839
343	WINCHENDON	10,919,183
344	WINCHESTER	4,256,144
345	WINDSOR	31,979
346	WINTHROP	4,979,704
347	WOBURN	6,097,613
348	WORCESTER	174,772,650
349	WORTHINGTON	81,289
350	WRENTHAM	3,890,453
351	YARMOUTH	-
352	DEVENS	328,000
406	NORTHAMPTON SMITH	1,013,010
600	ACTON BOXBOROUGH	6,126,533
603	ADAMS CHESHIRE	10,335,511
605	AMHERST PELHAM	9,877,772
610	ASHBURNHAM WESTMINSTER	10,076,289
615	ATHOL ROYALSTON	18,164,874
618	BERKSHIRE HILLS	2,821,178
620	BERLIN BOYLSTON	872,051
622	BLACKSTONE MILLVILLE	11,081,071
625	BRIDGEWATER RAYNHAM	20,217,949
632	CHESTERFIELD GOSHEN	797,588
635	CENTRAL BERKSHIRE	8,449,340
640	CONCORD CARLISLE	1,801,841
645	DENNIS YARMOUTH	6,710,294
650	DIGHTON REHOBOTH	13,278,521
655	DOVER SHERBORN	1,367,479
658	DUDLEY CHARLTON	23,717,553
660	NAUSET	3,380,023
662	FARMINGTON RIVER	408,184
665	FREETOWN LAKEVILLE	7,285,881
670	FRONTIER	2,821,084
672	GATEWAY	5,989,738
673	GROTON DUNSTABLE	11,533,491
674	GILL MONTAGUE	6,534,646
675	HAMILTON WENHAM	3,423,286
680	HAMPDEN WILBRAHAM	12,007,231
683	HAMPSHIRE	2,838,738
685	HAWLEMONT	625,635
690	KING PHILIP	7,442,042
695	LINCOLN SUDBURY	2,380,375
698	MANCHESTER ESSEX	1,570,686
700	MARTHAS VINEYARD	2,861,085
705	MASCONOMET	4,954,146
710	MENDON UPTON	12,302,543
715	MOUNT GREYLOCK	1,726,877
717	MOHAWK TRAIL	6,103,868
720	NARRAGANSETT	10,266,456
725	NASHOBA	6,321,356
728	NEW SALEM WENDELL	676,371
730	NORTHBORO SOUTHBORO	2,695,087
735	NORTH MIDDLESEX	20,451,783
740	OLD ROCHESTER	1,955,440
745	PENTUCKET	13,960,579
750	PIONEER	4,214,777
753	QUABBIN	17,707,953
755	RALPH C MAHAR	5,174,417
760	SILVER LAKE	6,584,238
765	SOUTHERN BERKSHIRE	1,862,073
766	SOUTHWICK TOLLAND	8,457,501
767	SPENCER EAST BROOKFIELD	13,747,183
770	TANTASQUA	7,888,303
773	TRITON	8,591,967
774	UPISLAND	824,324
775	WACHUSETT	19,703,951
778	QUABOAG	8,282,577
780	WHITMAN HANSON	23,853,953
801	ASSABET VALLEY	2,877,474
805	BLACKSTONE VALLEY	6,373,007
806	BLUE HILLS	3,836,721
810	BRISTOL PLYMOUTH	8,593,436
815	CAPE COD	1,998,331
818	FRANKLIN COUNTY	3,307,795
821	GREATER FALL RIVER	13,485,695
823	GREATER LAWRENCE	21,785,051
825	GREATER NEW BEDFORD	21,053,864
828	GREATER LOWELL	20,601,144
829	SOUTH MIDDLESEX	2,657,253
830	MINUTEMAN	2,295,437
832	MONTACHUSETT	11,189,848
851	NORTHERN BERKSHIRE	4,118,907
852	NASHOBA VALLEY	2,396,641