Last updated: November 18, 2009 10:54 AM
| Text of Senate amendments to S2205 |
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CLERK 1 WITHDRAWN CLERK 2 WITHDRAWN Rejected EARLY EDUCATION AND CARE REPRESENTATION Ms. Candaras, Ms. Chandler and Messrs. Galluccio and Donnelly moved that S. 2205 be amended in section 3 in subsection (b) by inserting in line 136 after the word “superintendent” the following:-- And by further amending the bill in section 3 in subsection (m) by inserting in line 322 after the word “commissioner” the following:-- CLERK 4 WITHDRAWN Rejected Students Outside of Charter Mr. Downing moves that S. 2205 be amended in line 928 of section 6 by inserting after "charter" the following :- "unless said charter school is the only charter school located within a geographic county of the commonwealth." ADOPTED Out of State Students Senator Downing moves to amend S. 2205 by inserting at the end thereof the following new section:- SECTION __. Notwithstanding any special or general law to the contrary, the department of elementary and secondary education shall study the possibility of allowing students living outside of Massachusetts who are eligible to attend public schools operating in the same geographic area as a charter school or a regional charter school, to also be eligible to attend said charter or regional charter school. The department shall examine the necessary rules and regulations for the necessary to implement this change which shall include, but is not limited to, collection of out-of-state tuition from students living outside of Massachusetts and attending a commonwealth charter school, collection of tuition from foreign exchange students attending a commonwealth charter school, and reimbursement of commonwealth charter schools for services rendered to foreign exchange students and students living outside of Massachusetts. The department shall issue its report and any recommendations to the Joint Committee on Education no later than August 15, 2010. CLERK 7 WITHDRAWN CLERK 8 WITHDRAWN ADOPTED ALTERNATIVE EDUCATION STUDY Mr. Hart moves to amend the bill, Senate 2205, by inserting the following new section:-- Rejected SCHOOL COMMITTEE OVERSITE OVER ADOPTION OF REGULATIONS Mr. Morrissey moves to amend the bill, Senate No. 2205, in SECTION 3, by adding after the second sentence the following:- Forthwith upon the release of the proposed regulations, the board shall file a copy thereof with the clerks of the house of representatives and the senate who shall refer such regulations to the Joint Committee on Elementary and Secondary Education of the general court. Within thirty days after such filing, the committee may hold a public hearing on the regulations, shall issue a report, and file a copy thereof with the board. The board, pursuant to applicable law, may adopt final regulations making such revisions in the proposed regulations as it deems appropriate after consideration of such report and shall forthwith file a copy of the regulations with the chairpersons of the joint committee on elementary and secondary education and not earlier than thirty days after the date of such filing, the board shall file the final regulations with the state secretary. ADOPTED SUBSTANCE ABUSE COUNSELOR PILOT PROGRAM AMENDMENT Mr. Tolman moves to amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- SECTION XX. Notwithstanding any special or general law to the contrary, and subject to appropriation, there is hereby established a pilot program for the purpose of providing substance abuse and addiction training to a teacher or a guidance counselor in each middle school and high school in Suffolk County. Said teacher or said guidance counselor shall then conduct an initial screening, intervention and referral of those students who are identified as having substance abuse and/or addiction needs for a subsequent comprehensive assessment and appropriate treatment. ADOPTED SUBSTANCE ABUSE EDUCATION IN SCHOOLS AMENDMENT Mr. Tolman moves to amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- SECTION XX. Notwithstanding any general or special law to the contrary, the department of education shall conduct a study of the cost of implementing an education program for all middle and high school children in the Commonwealth whereby said children receive a minimum of five Said report shall be submitted no later than April 1, 2010 to the house committee on ways and means, the senate committee on ways and means, the executive office of administration and finance, and the joint committee on mental health and substance abuse.” Rejected SCHOOL COMMITTEE APPROVAL IN COLLECTIVE BARGAINING RIGHTS Mr. Morrissey moves to amend the bill, Senate No. 2205, in SECTION 3, by striking the third sentence of subsection g and inserting in place thereof the following:- The agreement shall be subject to ratification by a majority of the bargaining unit members in the school who will be subject to such agreement and by a majority of the school committee. Rejected VOCATIONAL EDUCATION APPRENTICE PROGRAM AMENDMENT Mr. Tolman moves to amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- ADOPTED RECOVERY HIGH SCHOOLS TECHNICAL AMENDMENT Mr. Tolman moves to amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- SECTION XX. “Chapter 65 Section 27 of the Massachusetts Session Laws of 2009, is hereby amended after the words, “that provides (i) a comprehensive 4-year high school education and (ii) a structured plan of recovery,” by striking the following:- “(b) A school district shall transfer the state average chapter 70 per pupil allotment to a Recovery High School for a student meeting the following criteria:” And inserting in place thereof:- “(b) A school district shall transfer the state average foundation budget per pupil to a Recovery High School for any student meeting the following criteria:” CLERK 16 WITHDRAWN ADOPTED Professional Education of Public School Teachers Mr. Tolman moves that the bill, (Senate No. 2205), be amended inserting at the end thereof the following new section:- ADOPTED CHARTER SCHOOL REPORTING Mr. Tolman moves to amend the bill (Senate, No. 2205) by striking out section 5, subsection (s) and inserting in place thereof the following new section:- (s) The school committee of each district where a Horace Mann charter school is located shall The commissioner of elementary and secondary education shall annually record and submit to the joint committee on education on successful innovative programs of charter schools and may provide technical assistance for school districts to replicate the programs. Additionally, the commissioner of elementary and secondary education shall issue a report on past innovative programs used in successful practices for charter schools implemented in public schools in the commonwealth. Each charter school and sending districts shall be required to demonstrate a good faith effort to collaborate on the sharing of innovative practices. Successful innovative programs shall be made publically available, both in print and electronically. Rejected GREEN VOCATIONAL EDUCATION PROGRAM Mr. Tolman moves to amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- A study shall be conducted relative to the necessity of training Massachusetts workers in innovative vocational fields such as clean energy technology and environmentally-friendly building practices. The study shall be conducted by the department of education, in conjunction with the department of labor and the executive office of environmental affairs. The study shall include, but not limited to, the creation of a vocational school specializing in clean energy technology and environmentally friendly building practices, and LEED certified practices to better prepare vocational education students for the new emerging technologies and green energy and the incorporation of in clean energy technology and environmentally friendly building practices into existing vocational education programs. Rejected Public Reporting for Charter Schools Mr. Tolman moves that the bill, (Senate No. 2205), be amended in Section 6, by inserting after the words “shall be considered to be public agents authorized to supervise and control the charter school.” the following new language:- “the board of trustees of a Massachusetts charter school shall annually submit to the Department of Education, and post electronically, a copy of the school’s charter, members of the board of trustees, and an itemized list of private contributions to the school.” ADOPTED Professional Education of Public School Teachers Mr. Tolman moves that the bill, (Senate No. 2205), be amended inserting at the end thereof the following new section:- Rejected EARLY SCREENING FOR AUTISM SPECTRUM DISORDER Mr. Tolman moves that the bill, (Senate No. 2205), be by inserting at the end thereof the following new section:- Section XX. Rejected REQUIRING THE COMMISSIONER’S PRESENCE AT QUARTERLY PUBLIC MEETINGS Mr. Morrissey moves to amend the bill, Senate No. 2205, in SECTION 3, by striking subsection u and inserting in place thereof the following:- The commissioner or his designee or external receiver, as applicable, shall provide a written report to the school committee, and at the request of the school committee shall present such report and respond to questions asked by members of the school committee at a public meeting on a quarterly basis to provide specific information about the progress being made on the implementation of the school’s innovation plan. One of the quarterly reports shall be the annual evaluation pursuant to subsection (v). ADOPTED DOE technical assistance Ms. Chandler and Mr. Michael O. Moore move that the bill be amended by inserting after Section _____ the following new Section: - ADOPTED MAINTAIN TEACHER UNION COLLABORATION IN HORACE MANN SCHOOLS Mr. Pacheco moves to amend the bill (Senate No. 2205) by striking out the words, in the second paragraph of Section 6 (b), beginning in line 719, "provided, however, that the school committee shall consult with the teachers' union prior to such approval" and inserting in place thereof the following words:- "and by the local collective bargaining agent;". ADOPTED HORACE MANN CHARTER SCHOOL MEMORANDUMS OF UNDERSTANDING Mr. O’Leary and Mr. Panagiotakos move to further amend Clerk 25 by striking the entirety and inserting in place thereof the following: Mr. Panagiotakos and Mr. O’Leary move to amend the bill (Senate, No. 2205) by inserting, at line 725, the following sentence:- And move to further amend the bill (Senate, No. 2205) by inserting, after line 871, at the end of subsection 6(j), the following sentence:- Redraft CLERK 26 WITHDRAWN Rejected LICENSED SOCIAL WORKERS IN UNDERPERFORMING SCHOOLS Mr. Tolman moves to amend the bill (Senate, No. 2205) in Section 3 by inserting the following subsection at the end thereof:- (z) In schools designated as underperforming and chronically underperforming, the commissioner and the superintendent shall hire a licensed social worker to facilitate the recommendations of the innovation plans as they pertain to the social, behavioral and mental health of a student or parent, child welfare, substance abuse issues, or any other issues that may be under the purview of a licensed social worker. And in Section 4 by inserting the following subsection at the end thereof:- (k) In schools designated to an external receiver by the commissioner and the board, the external receiver shall hire a licensed social worker to facilitate the recommendations of the innovation plans as they pertain to the social, behavioral and mental health of a student or parent, child welfare, substance abuse issues, or any other issues that may be under the purview of a licensed social worker. Rejected SPECIAL EDUCATION BUDGETS AMENDMENT Mr. Tolman moves to amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- ADOPTED Underperforming District Chapter 70 Mr. Michael O. Moore moves to amend the bill (Senate, No. 2205), in Section 4, by deleting subsection (j): - Rejected STUDY OF SUBSTANCE ABUSE IN SCHOOLS Mr. Tolman moves that the bill, (Senate No. 2205), be amended by adding at the end thereof the following new section:- “Section XX. The Department of Education in partnership with the Department of Public Health and the Bureau of Substance Abuse Services shall conduct a study relative to substance abuse in the commonwealth’s public school system. The study shall include, but not be limited to, the following: the number of expulsions and suspensions related to substance use, the approximate number of students suffering with a substance use disorder, the substance abuse and prevention and education programs currently in place, the implementation of a system to facilitate the placement of students in a Massachusetts Recovery High School, the need to open additional Recovery High Schools, the implementation of Screening Brief Intervention and Referral and Treatment or “SBIRT” programs in schools, and substance abuse training for school employees. Said report shall be submitted no later than January 10, 2011 to the joint committee on education, and joint committee on mental health and substance abuse.” CLERK 31 WITHDRAWN CLERK 32 WITHDRAWN CLERK 33 WITHDRAWN Rejected Transition Coordinators to Help Students with Disabilities Succeed as Adults Mr. Tolman moves that the bill, (Senate No. 2205), be amended by inserting at the end thereof the following new section:- CLERK 35 WITHDRAWN Rejected Enrollment Quotas Mr. Tisei moves to amend the bill (Sen. No. 2205) by striking in line 767 the words “or greater percentage” CLERK 37 WITHDRAWN CLERK 38 WITHDRAWN Rejected CHAPTER 70 INEQUITY STUDY Mr. Tarr moves to amend the bill by inserting after Section X the following new section:- “SECTION XX. Notwithstanding any general or special law to the contrary, the Department of Education is hereby authorized and directed to study the inequities resulting from the past and current applications of the educational funding methodology contained in Chapter 70 of the general laws as established in the Education Reform Act of 1993 and subsequently modified from time to time. ADOPTED Flag Instruction Mssrs. Tarr and Brewer move to amend the bill by inserting after Section __ the following new section:- “SECTION ____. Chapter 71 of the General Laws is hereby amended in Section 2 by adding after the word “government” the following phrase:- “and a program of relating to the flag of the United States of America, including but not limited to proper etiquette, the correct use and display of the flag, and the importance of participation in the electoral process.” ADOPTED Vocational School Admission Study Messrs. Richard T. Moore and Brewer move to amend the bill (Senate, No. 2205), by inserting after Section __, the following new section: - Rejected School Nurses Ms. Fargo moves to amend the bill (Senate. No. 2205), in section 3, by striking out, in line 134, the words “representatives of applicable state and local social service, health, and child welfare agencies, chosen by the superintendent; and” and inserting in place thereof the following text:- “a department of elementary and secondary education licensed school nurse and representatives of applicable state and local social service, health, and child welfare agencies, chosen by the superintendent; and”. And further moves to amend the bill in section 3, by striking out, in line 396, the words “and (15) include additional components based on the reasons why the school was designated as underperforming and the recommendations of the group of stakeholders in subsection (b).” and inserting in place thereof the following text:- “(15) provide for adequate access to department of elementary and secondary licensed school nurses; and (16) include additional components based on the reasons why the school was designated as underperforming and the recommendations of the group of stakeholders in subsection (b).”. And further moves to amend the bill in section 4, by striking out, in line 536, the words “representatives of applicable state and local social service, health, and child welfare agencies, chosen by the superintendent; and” and inserting in place thereof the following text:- “a department of elementary and secondary education licensed school nurse and representatives of applicable state and local social service, health, and child welfare agencies, chosen by the superintendent; and”. And further moves to amend the bill in section 4, by striking out, in line 611, the words “and (15) include additional components based on the reasons why the school was designated as underperforming and the recommendations of the group of stakeholders in subsection (b).” and inserting in place thereof the following text:- “(15) provide for adequate access to department of elementary and secondary licensed school nurses; and (16) include additional components based on the reasons why the school was designated as underperforming and the recommendations of the group of stakeholders in subsection (b).”. And further moves to amend the bill in section 6, by striking out, in line 757, the words “(15) procedures for evaluation and professional development for teachers and administrators; and (16)” and inserting in place thereof the following text:- “(15) procedures for evaluation and professional development for teachers and administrators; (16) the number and qualification of department of elementary and secondary education licensed school nurses to be employed; and (17)”. Rejected SCHOOL TRANSPORTATION PLANS Mr. Tarr moves to amend the bill by inserting after Section X the following new section:- “SECTION XX. Section 7A of Chapter 71 of the General Laws is hereby amended by inserting at the end thereof the following paragraph:- ‘Every school district shall establish, subject to the approval of the school committee, standards for the length of commute for any student utilizing school transportation. Such standards should seek to minimize the average length of a commute within the district, and must include a maximum permissible time for any student’s commute.’” Rejected SPECIAL EDUCATION TUITION RATES Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- Rejected HORACE MANN SCHOOL Mr. Pacheco, Mr. Donnelly, Mr. Rosenberg, and Ms. Candaras move to amend the bill (Senate No. 2205) by inserting, in the second paragraph of Section 6 (b), beginning in line 723, after the word “minimum,” the following words:-“includes an agreement with the school’s unions regarding any waivers to applicable collective bargaining agreements". “ DUPLICATE HORACE MANN CHARTER SCHOOL MEMORANDUMS OF UNDERSTANDING Mr. O’Leary and Mr. Panagiotakos move to further amend Clerk 45 by striking the entirety and inserting in place thereof the following: Mr. Panagiotakos and Mr. O’Leary move to amend the bill (Senate, No. 2205) by inserting, at line 725, the following sentence:- And move to further amend the bill (Senate, No. 2205) by inserting, after line 871, at the end of subsection 6(j), the following sentence:- ADOPTED WRITTEN FINDINGS Mr. Tarr moves to amend the bill in subsection (j) of section 6 by inserting at the end thereof the following sentence:- “Within 30 days of the approval of a new commonwealth charter school in any community, the board shall issue a written confirmation that the school meets all requirements set out in subsections (a), (e), and (f) of this section and in the implementing regulations, and a summary of the reasons therefore.” ADOPTED WAIVER Mr. Tarr moves to amend the bill in Section 6 by inserting at the end thereof the following additional subsection:- Rejected Innovation Plan Authorization Mr. Tisei moves to amend the bill (Sen. No. 2205) by striking in line 270 the number “3” and inserting in place thereof the number: - “2” Rejected CLARIFYING THE RIGHTS OF COLLABORATIVE EMPLOYEES Mr. McGee moves to amend the bill (Senate, No. 2205) by inserting a sentence after the word “collaborative” in line 72 of Section 2 of the bill that reads: The provisions of sections forty-one, forty-two, forty-two D and forty-three of chapter 71 shall apply to each category of employees named in those sections who serve in education collaboratives. CLERK 50 WITHDRAWN Rejected Encouraging Alternative Programs for Underperforming Students Mr. Galluccio and Ms. Jehlen move that the bill (Senate, No. 2205), be amended by inserting the following section at the end thereof:- SECTION 12. The department of elementary and secondary education shall study incentives that can be offered to encourage the creation of charter schools that serve a majority of students scoring in the lowest twenty percent of statewide measures that are used to designate a school as underperforming or chronically underperforming under Section 3 of this act. Not later than 12 months after the effective date of this act, the department shall submit to the Clerks of the House and Senate its detailed findings and recommendations, including but not limited to recommendations for legislation, administrative actions, and appropriations necessary to provide such incentives. Rejected Dropout Age Mr. Galluccio, Mr. Knapik, Ms. Jehlen and Ms. Spilka move that the bill (Senate, No. 2205), be amended by inserting the following section at the end thereof:- SECTION 12. Section 1 of chapter 76 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in the first sentence, the words “and maximum ages established for school attendance by the board of education” and inserting in place thereof the following: age established for school attendance by the board of education and the age 18”. The effective date of the preceding sentence shall be January 1, 2011. The department shall make recommendations for the funding necessary to sustain increased capacity at schools that experience a substantial increase in enrollment as determined by the department. Rejected Student Retention Mr. Galluccio and Ms. Jehlen move that the bill (Senate, No. 2205), be amended by inserting in section 6, in line 1160, after the word “achievement” the following:- As of January 1, 2012, the board shall also consider as a basis for non-renewal of a charter high school whether such school has failed to retain at least 70 percent of its students from the year of enrollment through senior year. ADOPTED Race to the Top Funds Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (Sen. No. 2205) by inserting at the end thereof the following section: - CLERK 55 WITHDRAWN CLERK 56 WITHDRAWN Rejected Establishing an Charter School Working Group Ms. Spilka moves to amend Senate Bill 2205 by inserting at the end thereof the following section:- Rejected CHARTER REVOCATION Mr. Tarr moves to amend the bill in subsection (gg) of section 4 by striking the phrase “or the school has violated a provision of its charter” and inserting in place thereof the following phrase:- “, the school has violated any provision of its charter; or the board has substantially violated any provision of this section or its implementing regulations in granting the charter.” Rejected CHARTER RECONSIDERATION Mr. Tarr moves to amend the bill in subsection (gg) of section 4 by inserting between the fourth and fifth paragraphs thereof the following paragraph:- “The board may also, on its own motion or by request, reconsider its grant of a charter and revoke or suspend said charter within six months of approval of that charter; provided, that the revocation must be accompanied by written findings explaining the action of the board; provided, that the charter applicant shall be given sufficient notice and an opportunity to be heard before the board on the matter.” Rejected Charter School Funding Reimbursement Mr. Tisei moves to amend the bill (Sen. No. 2205) by striking in section 6 in proposed subsection (ii) the words “The reimbursement amount shall be equal to 25 per cent of the increase in the year in which the increase occurs, and 25 per cent in the second, third, fourth, and fifth years following” and inserting in place thereof the following: - CLERK 61 WITHDRAWN Rejected ASSESSING ANNUAL GOALS AT CHARTER RENEWAL Ms. Chang-Díaz, Ms. Jehlen, and Mr. Galluccio move to amend the bill (Senate, No. 2205) by striking out, at lines 1152 through 1155, the words, “When deciding on charter renewal, the board shall consider the extent to which the school has followed its recruitment and retention plan by using deliberate, specific strategies towards recruiting and retaining the categories of students enumerated in subsection (f) and the extent to which the school has followed and enhanced its plan as necessary,” and inserting in place thereof the following sentence:- CLERK 63 WITHDRAWN CLERK 64 WITHDRAWN ADOPTED Relative to Collective Bargaining Mr. Pacheco moves to amend the bill (Senate No. 2205) by striking out the words, in the second paragraph of Section 6 (z)(aa), in line 1084, "60 per cent" and inserting in place thereof the following words:- "50 per cent". Redraft CLERK 66 WITHDRAWN Rejected RUBRIC FOR UNDERPERFORMANCE AND CHRONIC UNDERPERFORMANCE Ms. Chang-Díaz and Ms. Jehlen move to amend the bill (Senate, No. 2205) by striking out, at lines 110 through 113, the words, “In adopting regulations allowing the commissioner to designate a school as underperforming or chronically underperforming, the board must ensure that such regulations take into account multiple indicators of school quality in making determinations regarding underperformance or chronic underperformance,” and inserting in place thereof the following words:- And move to further amend the bill (Senate, No. 2205) by inserting, at the end of the second paragraph in Section 3, at line 116, the following sentence:- And move to further amend the bill (Senate, No. 2205) by striking out, at lines 519 through 521, the words, “In adopting regulations allowing the commissioner to designate a district as chronically underperforming, the board must ensure that the regulations account for multiple indicators of district quality,” and inserting in place thereof the following words:- And move to further amend the bill (Senate, No. 2205) by inserting, at the end of the third paragraph in Section 4, at line 524, the following sentence:- CLERK 68 WITHDRAWN ADOPTED EVALUATIVE MATERIALS Mr. Tarr moves to amend the bill in subsection (j) of section 6 by inserting at the end thereof the following paragraph:- “A comprehensive written summary of all materials prepared by the Department of Elementary and Secondary Education or its administrative subdivisions evaluating or recommending approval or disapproval of a charter application must be delivered to the members of the board no later than 3 days before any board vote on said charter application.” Rejected Approval of Innovation Schools Mr. Tisei moves to amend the bill (Sen. No. 2205) by striking in line 1457 the words “two-thirds” and inserting in place thereof the following: - ADOPTED AN AMENDMENT RELATIVE TO A GOOD CAUSE STANDARD FOR TERMINATION Ms. Candaras, Messrs. Rosenberg, Tolman, Pacheco, Richard T. Moore, Morrissey, Donnelly, Tolman and McGee move that S. 2205 be amended in section 3, in proposed subsection (d) of section 1J of chapter 69 of the General Laws, by striking out clause (7) and inserting in place thereof the following:- “(7) following consultation with applicable local unions, require the principal and all administrators, teachers and staff to reapply for their positions in the school, with full discretion vested in the superintendent regarding his consideration of and decisions on rehiring based on the reapplications; provided, however, the superintendent may only dismiss or fail to rehire a teacher for good cause, provided that the teacher has received 5 school days written notice of the decision to terminate that includes an explanation of the reason why the superintendent is not retaining the teacher in the school; provided, however, that the teacher may seek review of a termination decision within 5 school days after receiving notice of the teacher’s termination by filing a petition for expedited arbitration with the superintendent; provided further, that an arbitrator shall be selected according to the procedures set forth in section 42 of chapter 71 within 3 business days and shall conduct a hearing within 10 business days of receiving the petition; provided further, that in reviewing dismissal decisions, the arbitrator shall consider whether or not the underperformance of the school is due to factors beyond the control of the teacher and shall also consider the components of the innovation plan as proposed by the superintendent. The arbitrator’s decision shall be issued within 10 business days from the completion of the hearing.” And in subsection (o) by striking clause (8) and inserting in place thereof the following:-- “(8) require the principal and all administrators, teachers and staff to reapply for their positions in the school, with full discretion vested in the commissioner regarding his consideration of and decisions on rehiring based on the reapplications; provided, however, the commissioner may only dismiss or fail to rehire a teacher for cause, provided that the teacher has received 5 school days written notice of the decision to terminate that includes an explanation of the reason why the commissioner is not retaining the teacher in the school; provided, however, that the teacher may seek review of a termination decision within 5 school days after receiving notice of the teacher’s termination by filing a petition for expedited arbitration with the commissioner; provided further, that an arbitrator shall be selected according to the procedures set forth in section 42 of chapter 71 within 3 business days and shall conduct a hearing within 10 business days of receiving the petition; provided further, that in reviewing dismissal decisions, the arbitrator shall consider whether or not the chronic underperformance of the school is due to factors beyond the control of the teacher and shall also consider the components of the innovation plan as proposed by the commissioner. The arbitrator’s decision shall be issued within 10 business days from the completion of the hearing.” And in section 4, in proposed subsection (d) of section 1J of chapter 69 of the General Laws, by striking out clause (7) and inserting in place thereof the following:-- “(7) following consultation with applicable local unions, require the principal and all administrators, teachers and staff to reapply for their positions in the school, with full discretion vested in the commissioner regarding his consideration of and decisions on rehiring based on the reapplications; provided, however, the commissioner may only dismiss or fail to rehire a teacher for cause, provided that the teacher has received 5 school days written notice of the decision to terminate that includes an explanation of the reason why the commissioner is not retaining the teacher in the school; provided, however, that the teacher may seek review of a termination decision within 5 school days after receiving notice of the teacher’s termination by filing a petition for expedited arbitration with the commissioner; provided further, that an arbitrator shall be selected according to the procedures set forth in section 42 of chapter 71 within 3 business days and shall conduct a hearing within 10 business days of receiving the petition; provided further, that in reviewing dismissal decisions, the arbitrator shall consider whether or not the underperformance of the school is due to factors beyond the control of the teacher and shall also consider the components of the innovation plan as proposed by the superintendent. The arbitrator’s decision shall be issued within 10 business days from the completion of the hearing.” ADOPTED USING GROWTH MODEL IN DESIGNATING SCHOOLS AND ENSURING ADEQUATE REPRESENTATION OF SCHOOLS IN LOWEST 20 PERCENT DESIGNATION Ms. Chang-Díaz and Ms. Jehlen move to amend the bill (Senate, No. 2205) by striking out, at lines 102 through 105, the words, “Schools that score in the lowest 20 per cent statewide in the combined composite performance index scores on the English language arts and mathematics Massachusetts Comprehensive Assessment System exams shall be deemed eligible for designation as underperforming or chronically underperforming status,” and inserting in place thereof the following sentence:- And move to further amend the bill (Senate, No. 2205) by inserting after the words “the subsequently developed measure,” at line 109, the following words:- “in conjunction with the growth model”; And move to further amend the bill (Senate, No. 2205) by striking out, at lines 500 through 504, the words, “Upon a determination by the board of elementary and secondary education, pursuant to regulations, that a school district has scored in the lowest 5 per cent statewide in the combined composite performance index for English language arts and math, the commissioner shall appoint an independent factfinding team to assess the reasons for the underperformance and the prospects for improvement,” and inserting in place thereof the following sentence:- And move to further amend the bill (Senate, No. 2205) by striking out, at lines 819 through 824, the words, “provided, however, that a public school district’s total charter tuition payment to commonwealth charter schools shall not exceed 18 per cent of the district’s net school spending if the board determines the combined Composite Performance Index scores on the English language arts and mathematics Massachusetts Comprehensive Assessment System exams for a school district place the district in the lowest 10 percent of all statewide MCAS test performance scores released in the 2 consecutive school years before the date the charter school application is submitted,” and inserting in place thereof the following sentence:- And move to further amend the bill (Senate, No. 2205) by inserting after the words “pursuant to section 1I of chapter 69,” in line 844, the following words:- And move to further amend the bill (Senate, No. 2205) by inserting after the words “overall student performance on the statewide assessment system,” in line 847, the following words:- And move to further amend the bill (Senate, No. 2205) by inserting after the words “Massachusetts Comprehensive Assessment System exams,” in line 851, the following words:- And move to further amend the bill (Senate, No. 2205) by inserting after the words “Massachusetts Comprehensive Assessment System exams,” in line 860, the following words:- And move to further amend the bill (Senate, No. 2205) by inserting at the end thereof the following new section:- ADOPTED FINAL AND BINDING ARBITRATION IN LEVEL FOUR SCHOOLS Messrs. Donnelly, Rosenberg, Morrissey, Pacheco, Galluccio, R. Moore, Hart, and Ms. Walsh, Ms. Candaras, Ms. Spilka, Ms. Chang-Diaz, Ms. Jehlen and Messrs. Tolman and McGee move to amend the bill (Senate, No. 2205) by striking out, at line 237, subsection 3(g) and inserting in place thereof the following section:- ADOPTED Establishing an Education Resource Study Committee Ms. Spilka, Mr. Tarr, Mr. Richard T. Moore, Ms. Jehlen, Mr. Galluccio, Mr. Donnelly, Ms. Creem, Ms. Flanagan, Ms. Candaras and Mr. Pacheco move to amend Senate Bill 2205 by inserting at the end thereof the following section:- SECTION XX. 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 secretary of executive office of education or her designee, 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 independent consultant to conduct an 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. Rejected EVALUATIVE MATERIALS Mr. Tarr moves to amend the bill in subsection (j) of section 6 by inserting at the end thereof the following paragraph:- “All materials prepared by the Department of Elementary and Secondary Education or its administrative subdivisions evaluating or recommending approval or disapproval of a charter application must be delivered to the members of the board no later than 3 days before any board vote on said charter application.” Rejected Charter School Renewal Ms. Chandler moves that the bill be amended in Section 6 by striking subsection (gg) and replacing it with the following new Section: - (gg) The initial charter granted by the board of elementary and secondary education shall be for 5 years. The board may renew a charter for up to 5 years. At the time of the second renewal or subsequent renewals, a charter school may apply for and receive an extension of the charter for up to 10 years. The board of elementary and secondary education shall develop procedures and guidelines for revocation and renewal of a school’s charter; provided, however, that a charter for a Horace Mann charter school shall not be renewed by the board without a vote of support from the school committee in the district where the charter school is located; provided, however, that a commonwealth charter shall not be renewed unless the board of trustees of the charter school has documented in a manner approved by the board of elementary and secondary education that the commonwealth charter school has provided models for replication and best practices to the commissioner and to other public schools in the district where the charter school is located. When deciding on charter renewal, the board shall consider the extent to which the school has followed its recruitment and retention plan by using deliberate, specific strategies towards recruiting and retaining the categories of students enumerated in subsection (f) and the extent to which the school has followed and enhanced its plan as necessary. The board may impose conditions or financial sanctions on the charter school upon renewal if sufficient progress towards recruitment and retention goals has not been made. When deciding on charter renewal, the board shall take into account the annual attrition of students, teachers and administrators. The board shall also consider innovations that have been successfully implemented by the charter school and the evidence that supports the effectiveness of those practices. When deciding on charter renewal, the Board shall judge the viability of the charter school based on student academic achievement consistent with requirements for other non-charter public schools. Upon renewal of its charter, a school shall update and enhance its recruitment and retention plan as necessary to account for changes in enrollment. The board may revoke a school’s charter if the school has not fulfilled a conditions imposed by the board in connection with the grant of the charter or the school has violated a provision of its charter. The board may place a charter school on a probationary status to allow the implementation of a remedial plan after which, if the plan is unsuccessful, the charter may be summarily revoked. If the board revokes a charter or if a charter school ceases to exist for any reason, the charter school shall, within 6 months of the revocation of the charter or closure of the school, submit to the board a detailed financial accounting of all the school’s assets, including all real property, vehicles, equipment and supplies. Upon the revocation, nonrenewal or voluntary return of a commonwealth charter, title to all of the property of the charter school shall immediately vest in the commonwealth,subject to the rights of a secured party holding a perfected security interest in the property of the charter school. Funds remaining after the satisfaction of the charter school’s obligations shall be returned to sending districts in proportion to each district’s average enrollment during the previous 5 years. Rejected RETENTION AND RECRUITMENT CATEGORIES AND Ms. Chang-Díaz and Ms. Jehlen move to amend the bill (Senate, No. 2205) by inserting after the words “comparable or greater percentage of students,” at lines 767 and 768, the following words:- “from 1 or more of the following categories: special education or limited English proficient of similar language proficiency level as measured by the Massachusetts English Proficiency Assessment examination; and”; And move to further amend the bill (Senate, No. 2205) by striking out the number “3,” at line 768, and inserting in place thereof the number “2”; And move to further amend the bill (Senate, No. 2205) by striking out, the words “special education students; limited English proficient students of similar language proficiency level as measured by the Massachusetts English Proficiency Assessment examination,” at lines 770 and 771. And move to further amend the bill (Senate, No. 2205) by striking out, at lines 1152 through 1155, the words, “When deciding on charter renewal, the board shall consider the extent to which the school has followed its recruitment and retention plan by using deliberate, specific strategies towards recruiting and retaining the categories of students enumerated in subsection (f) and the extent to which the school has followed and enhanced its plan as necessary,” and inserting in place thereof the following sentence:- ADOPTED FILLING CHARTER VACANCIES Messrs. Hart and Tisei moves to amend the ways and means new text (Senate, No. 2205), in section 6, by striking out, in line 962, the words “grade 12” and inserting in place thereof the following words:- “the last grade in each school type, grade 11, and grade 12”. ADOPTED Charter Funding Mr. Hart moves to amend the bill, Senate 2205, in section 6, by deleting subsections (hh) and (ii) of section 89, beginning in line 1175, in their entirety and inserting, in place thereof, the following subsections:-- “(hh) Commonwealth charter schools shall be funded pursuant to this subsection. The commonwealth shall pay a tuition amount to the charter school, which shall be the sum of the tuition amounts calculated separately for each district sending students to the charter school. Tuition amounts for each sending district shall be calculated by the department using the formula set forth herein, to reflect, as much as practicable, the actual per pupil spending amount that would be expended in the district if the students attended the district schools. The tuition amount shall be calculated separately for each district sending students to a charter school, and for each charter school to which a district sends students. Each district’s per pupil tuition amount for each charter school to which it sends students shall include a per pupil foundation budget component, adjusted to reflect the actual net school spending in the sending district. The total tuition amount owed to a charter school shall be the per pupil tuition amount as defined above, multiplied by the total number of students attending the charter school from that district in the current fiscal year. Said amount shall be composed of “district sponsored tuition” and “state sponsored tuition” “District sponsored tuition” shall be the total tuition amount owed to the charter school on behalf of district students for the previous fiscal year. “State sponsored tuition” shall be the positive difference, if any, between the total tuition amount for the current fiscal year and the district sponsored tuition amount. The sending district’s total charter school tuition amount for purposes of the following paragraphs shall be the sum of the district-sponsored tuition amounts for each charter school to which the district sends students, calculated using the provisions of this section, The receiving charter school’s total charter school tuition amount shall be the sum of the tuition amounts calculated for the charter school for each district sending students to the charter school. The total state-sponsored charter school tuition amount for a receiving charter school shall be provided directly to the charter school by the commonwealth as part of the section three chapter 70 distribution of the general appropriation act, so called, or any successor method of determining local aid distributions. The amounts appearing in this section 3 of the general appropriation act shall be the state sponsored tuition amounts however; upon calculation of final state-sponsored tuition amounts for the current fiscal year, the department shall adjust state sponsored tuition amounts based on said calculations for affected charter schools. Subject to appropriation, these reimbursements, in addition to the facilities fee, shall be paid from a single line item, and any reductions to the item shall be made proportionately across all 6 categories of spending; provided, that the reimbursements required by this subsection shall be paid to the sending district, and the state-sponsored reimbursement amount and the facilities fee shall be paid directly to the charter school by the commonwealth.” ADOPTED NEW CHARTER APPROVAL PROCESS Mr. Tisei moves to amend the bill (Sen. No. 2205) by striking in Section 6 (i) in the fourth paragraph the figure “3” and inserting in place thereof the following:- “2” ADOPTED Early Intervention Mr. Baddour moves to amend the bill (Senate, No. 2205) in Section 3, paragraph (d) by inserting after the words, “expand, alter, or replace the curriculum of the school, including the implementation of research-based early literacy programs”, the following words:- Mr. Baddour moves to further amend the bill (Senate, No. 2205) in said Section 3, paragraph (o) by inserting after the words, “expand, alter, or replace the curriculum of the school, including the implementation of research-based early literacy programs”, the following words:- “, early interventions for struggling readers,” Mr. Baddour moves to further amend the bill (Senate, No. 2205) in Section 4, paragraph (d) by inserting after the words, “expand, alter, or replace the curriculum of the school, including the implementation of research-based early literacy programs”, the following words:- “, early interventions for struggling readers,” Rejected Charter School Demographics Mr. Tisei moves to amend the bill (Sen. No. 2205), in section 6 (f), by deleting the penultimate retention plan shall include annual goals for (1) recruitments activities; (2), student retention activities and (3) student retention. Rejected Reimbursement Rate Ms. Cynthia Stone Creem and Ms. Patricia Jehlen and Ms. Harriette Chandler move to amend the bill (Senate, No. 2205), in lines 1252-1254 inclusive, by striking out the following words: “The reimbursement amount shall be equal to 25 per cent of the increase in the year in which the increase occurs, and 25 per cent in the second, third, fourth, and fifth years following” and inserting in place thereof the following words:- “The reimbursement amount shall be equal to 60 per cent of the increase in the year in which ADOPTED District Personnel Participation in Individual Assessment Plans Ms. Jehlen and Mr. Galluccio move to amend the bill in Section 6, sub-section (u) in line 1023 by striking the words “be allowed”. CLERK 85 WITHDRAWN CLERK 86 WITHDRAWN ADOPTED Significant Excess Capacity School Buildings Ms. Creem, Ms. Spilka, Mr. Brown and Ms. Jehlen move to amend the bill (Senate, No. 2205), in Section 5, line 694, by striking “shall” and replacing it with “may”. ADOPTED Charter School Applicants Ms. Jehlen moves to amend the bill in Section 6, subsection (o) in lines 937 to 941 by striking the sentence beginning “Requirements for enrollment” and replacing it with the following: Rejected Charter School Accountability Ms. Jehlen moves that the bill be amended in Section 6, subsection(gg) in line 1151 by adding at the end thereof the following : and provided further, that a commonwealth charter shall not be renewed for more than one year unless recruitment and retention benchmarks have been reached and unless the charter school meets or exceeds the performance on the growth model of assessment for all groups listed in section 6 (f) of this bill, and meets or exceeds the retention rates for students in said groups. Rejected Use of Federal Monies for Assessment Development Ms. Jehlen moves that the bill be amended at the end thereof by adding the following new section: Section ## The department of elementary and secondary education (hereinafter, the department) shall, in its application for monies from the Assessment Fund, those funds earmarked for development of new assessments tied to common standards, as part of the so-called Race to the Top funds in the federal ARRA, require local education authorities to use the funds to develop local interim and summative assessments and professional development for teachers in using those assessments and in the use of effective formative assessment practice. In addition, the department shall join with other states in consortium to apply for Race to the Top funds and, if successful, the state portion of such funds shall be used to develop a statewide system of state and local assessments based on multiple measures.ADOPTED Regional School Transportation and Chapter 70 Messrs. Rosenberg, Brewer, R. Moore, and M. Moore, Ms. Chandler, and Mr. Downing moves that the bill S2205 be amended by inserting after Section 8 the following new section:- SECTION __. Notwithstanding any general or special law to the contrary, regional school transportation payments made by the state in any fiscal year through the general appropriations act shall not be lowered by a greater percentage than any reduction made to state chapter 70 payments in that fiscal year. ADOPTED SBA Assisted Buildings in Districts with Declining Enrollment Messrs. Rosenberg and Brewer moves that Senate Bill 2205 be amended by inserting the following new section:- SECTION __. Chapter 70B of the General Laws is hereby amended by inserting after Section 15 the following new section:- 70B Section 15A. In the event that an eligible applicant can no longer utilize an assisted structure built prior to 2004 as a schoolhouse due to a decrease in enrollment, then the city, town or regional school district shall submit a decommissioning plan to the MSBA and to the Department of Education. The authority shall waive the deductions required under the provision of subsection (b) of section 15 of chapter 70B if the district successfully demonstrates the following: (1) there is at least a 15% decrease in enrollment across the entire city, town, or regional school district since the opening of the assisted structure; (2) the enrollment decrease for the assisted structure is greater than 25% of projected enrollment during the design and building process and this enrollment decrease is not due to redistricting; and (3) the district will not have the required capacity if it removes a non-assisted structure; and the authority finds that: (1) the schools within a five mile radius of the assisted structure are not experiencing overcrowding, and (2) the district’s 10 year projected enrollment does not exceed the capacity of the remaining operating schoolhouses; and the commissioner of education has certified that: (1) the district’s decommissioning plan is educationally sound. Upon the decommissioning of the assisted structure, the district shall sell or lease the assisted structure or facility, or portion of that structure or facility, which shall be for no less than fair market value as determined by independent appraisal, unless the eligible applicant receives prior written approval from the authority to do otherwise, and the proceeds from the sale or lease shall be divided between the authority and the general funds of the applicable eligible applicant in proportion to the commonwealth’s and authority’s prior investments in the assisted structure or facility under this chapter or said chapter 645, as applicable. ADOPTED User Fees for Regional School Transportation Messrs. Rosenberg and Brewer moves that the bill S2205 be amended by inserting the following new section:- CLERK 94 WITHDRAWN ADOPTED Technical Amendment Mr. Panagiotakos moves to amend the bill (Senate No, 2205), in section 3, by inserting after the word “attendance”, in lines 113, 172 and 357, each time it appears, the following words:- “and dismissal rates”. and in said section 6, in subsection (ff) of section 89 of chapter 71 of the General Laws, in the third paragraph, by striking out the first sentence and inserting in place thereof the following sentence:- “The board of elementary and secondary education or the commissioner, as applicable, shall approve or deny amendment requests.” |