The general court hereby reaffirms the goal articulated in the Education Reform Act of 1993, chapter 71 of the Acts of 1993, namely that it is a paramount goal of the commonwealth 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.  To achieve that goal, the commonwealth committed itself to ensure: (1) that each public school classroom provides the conditions for all pupils to engage fully in learning, (2) a consistent commitment of 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, and (4) an effective mechanism for monitoring progress toward those goals and holding educators accountable for their achievement. 

The general court reaffirms its intention, as expressly set forth in the Education Reform Act of 1993, that Massachusetts public school students graduate from high school competent in core subject areas.  Pursuant to the requirements of the Education Reform Act of 1993, the board of education has established seven curriculum frameworks covering the subject areas of mathematics, science and technology, history and social science, English language arts, foreign languages, the arts, and health.  The general court finds that the seven curriculum frameworks were enacted to define the academic requirements of the Commonwealth’s plan for public education, and that the further steps outlined in this act are required to assure  the Commonwealth is meeting its obligation to provide sources of funds sufficient for school districts to carry implement those academic requirements and thereby assure educational opportunity for all children in the Commonwealth.

The general court finds that access to early childhood education for all children in Massachusetts is essential to the success of public education if all children are to have the opportunity to achieve their potential,  because high quality early childhood education can make a significant, positive difference in improving a child’s school performance, especially for children at risk.

The general court finds that the success of public education requires adequate physical facilities, appropriate technology, and the human and physical resources necessary so that the system of public education can provide all Massachusetts children with the opportunity to reach their full potential.

The general court finds that it is also essential that public schools provide a broad spectrum of extracurricular activities, including athletics, the arts, community service, and other activities because extracurricular 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.

The general court reaffirms the accountability requirements as set forth in the Education Reform Act of 1993 and finds that those requirements impose an obligation on the commonwealth to ensure that students, teachers, schools and school districts are provided the resources they need to achieve the academic goals set for them by the commonwealth.

The general court reaffirms its intention, as expressly set forth in the Education Reform act of 1993, to assure fair and adequate funding for public schools in the commonwealth and finds that, in light of that intent, it is necessary at this time to examine the commonwealth’s school funding formula 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.

The general court finds that the department of education has an essential role to play if the commonwealth is to succeed in achieving its educational goals and that it is necessary to determine the level of resources needed so that the department can carry out its role in assuring the success of public education.

SECTION 2.  In order to determine, as a basis for legislative action, the resources needed to achieve the commonwealth’s educational goals as , there is hereby established a commission which shall be known as the Commonwealth’s Commission on Achieving Educational Excellence, for the purpose of conducting a study to determine the resources necessary to achieve the commonwealth’s educational goals, and the cost of providing those resources.   

The Commission shall consist of 19 members, as follows:  the House and Senate Chairs of the Joint Committee on Education, Arts and Humanities, who shall also serve as co-chairs of the Commission; the Commissioner of Education, or his designee; the Secretary of Administration and Finance, or his designee; two representatives from the Massachusetts Association of School Superintendents, one of whom shall be an urban superintendent, and a representative of each of the following organizations, as designated by the organization:  the Massachusetts Association of School Committees, the Massachusetts Teachers Association, the Massachusetts Federation of Teachers, the Massachusetts Municipal Association, the Rennie Center for Education Research and Policy, the Council for Fair School Finance and the Massachusetts Budget and Policy Center; Massachusetts Taxpayers Foundation, Massachusetts Business Alliance for Education, two additional House members as appointed by the Speaker of the House; and two additional Senate members as appointed by the Senate President.

The commission shall hold its first meeting within thirty days of the enactment of this act.  If a member is absent from any three regularly scheduled meetings, his position on the commission shall be declared vacant.  Any vacancy on the commission shall be filled by the appropriate appointing or designating authority.  Such vacancy shall not impair the right of the remaining sitting members to exercise all of the powers of the commission.  A majority of all the sitting members shall be necessary to conduct the business of the commission.  A  majority vote of the commission shall mean a majority of the sitting members.  “Sitting member” means an individual who has been appointed and who is currently serving on the commission.

The members of the commission shall serve without compensation but shall receive their necessary expenses incurred in the discharge of their official duties.  The commission shall be provided with offices.

The commission may accept and expend any appropriations and may solicit and expend grants of money from other sources to support its work. 

The  commission may employ and establish the salary for an executive director and may in its discretion remove him or her by a majority vote of all its members.  The executive director shall be the secretary to the commission and the commission’s chief executive officer.

The commission shall contract for the performance of a study to ascertain the resources and the costs of the resources needed by Massachusetts school districts so that they can fulfill their responsibility to fully implement all of the curriculum frameworks and achieve the educational goals set for the in the Education Reform Act of 1993 and in this act and to provide all students in Massachusetts with the opportunity for a high quality education to reach their potential.  The commission may employ such other professionals, consultants, and staff as it deems necessary to fulfill its responsibilities and shall determine their salaries and duties. 

For purposes of its work, the commission 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 commission 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 commission may request reasonable assistance from the commissioner of education and from the superintendent of any school district, and said officers shall furnish the commission with any relevant information in their possession which is requested by the commission.  Any justice of the supreme judicial court or of the superior court may, upon application by the commission and after notice of said application having been given to such officer who shall have an opportunity to be heard in opposition thereto, compel compliance with a request by subpoena for such information.

The commission shall:

(1)  Conduct public hearings in no fewer than fifteen locations around the commonwealth to obtain the views of school committees, teachers, superintendents and other education administrators, parents, employers, education policy experts, and other interested parties concerning the adequacy of resources currently available to school districts for implementation of the curriculum frameworks and for assuring that all children have the opportunity to receive a high quality education and to reach their potential.  The hearings shall be held in locations which enable the commission to receive testimony which reflects the geographic, ethnic, socioeconomic, racial and linguistic diversity of the commonwealth.  The commission will develop and provide materials in advance of those hearings which shall provide the public with information sufficient to enable interested members of the public to understand the educational goals of the commonwealth, the curriculum frameworks and MCAS, the responsibilities of the commission, and the purpose of the hearings.  The commission will distribute such materials in a manner designed to reach as many interested parties as possible. 

(2)  Review the input received from the public hearings conducted in accordance and issue a public report on the hearings. 

(3)  Prepare a request for proposals for the conduct of a cost 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 cost of providing the 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 cost of providing 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, including the resources needed for the department to provide technical assistance to school districts so that they can improve the capacity of school districts to implement the curriculum frameworks effectively and to devise instructional strategies which improve learning for diverse student populations.

In conducting its study, the commission shall consider and evaluate all the cost elements which relate to student learning and educational opportunity, including, but not limited to, the following cost elements:   class size, special education, 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, and  remedial programs for students at risk of failing to satisfy graduation requirements. 

(4)  Issue an interim report on its work and the cost study and solicit comments, criticisms and suggestions from professional educators, education administrators and education policy experts concerning the report.

(5)  Deliver a final report to the president of the senate, the speaker of the house of representatives, and the joint committee on education, arts and the humanities no later than September 1, 2006. 

SECTION 3.  Section four of chapter 70 of the General Laws, as appearing in the 2002 Official Edition is hereby repealed. 

SECTION 4.  The legislature finds that the work of the commission, as specified in this act, will require an appropriation of $1,500,000.  It is the intent of the legislature to provide funding for the commission in supplemental appropriation within thirty days of the effective date of this act and to take action on the final report of the commission no later than the enactment of the act making appropriations for the commonwealth for the fiscal year 2008.