Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3257 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 190
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kay Khan and David Henry Argosky LeBoeuf
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act creating an electronic backpack for foster children’s educational records.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/19/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Diana Dizoglio, State AuditorState House - Room 230, Boston, MA
16	16	02133
17	17	1/20/2023Carmine Lawrence Gentile13th Middlesex2/8/2023Colleen M. Garry36th Middlesex2/8/2023Brian M. Ashe2nd Hampden2/16/2023Carol A. Doherty3rd Bristol2/20/2023 1 of 3
18	18	HOUSE DOCKET, NO. 3257 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 190
20	20	By Representatives Khan of Newton and LeBoeuf of Worcester, a petition (accompanied by bill,
21	21	House, No. 190) of Kay Khan, David Henry Argosky LeBoeuf and others for legislation to
22	22	authorize the Department of Children and Families to establish an electronic repository of foster
23	23	youths educational records. Children, Families and Persons with Disabilities.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act creating an electronic backpack for foster children’s educational records.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition,
33	33	2is hereby amended by inserting at the end thereof the following section:-
34	34	3 Section 98. (a) As used in this section, the following terms shall, unless the context
35	35	4requires otherwise, have the following meanings:-
36	36	5 “Department”, shall mean the department of elementary and secondary education..
37	37	6 “Foster child or youth”, shall mean a child under the care or custody of the department of
38	38	7children and families or a young adult who has signed a voluntary placement agreement with the
39	39	8department of children and families.
40	40	9 “Electronic backpack”, shall mean an electronic repository of a foster child or youth’s
41	41	10educational records. 2 of 3
42	42	11 (b) Notwithstanding any general or special law to the contrary, the commissioner of the
43	43	12department, in consultation with the office of the child advocate and the commissioner of the
44	44	13department of children and families, shall develop and implement an electronic backpack system
45	45	14for the educational stability of foster child or youth.
46	46	15 (c) The department shall create an electronic backpack for each foster child or youth. The
47	47	16department, in conjunction with the department of children and families, shall promulgate
48	48	17regulations on the format and function of the electronic backpack system. Each electronic
49	49	18backpack system shall contain, but is not limited to, the educational records of the foster child or
50	50	19youth, including the names and addresses of educational providers, the name and contact of the
51	51	20child’s DCF case worker if applicable, the foster child or youth’s grade-level performance,
52	52	21transcript, the foster child or youth’s school attendance records, individual education plan if
53	53	22applicable, the name and contact information of the individual or individuals who are designated
54	54	23as the child’s educational decision makers, the name of the legal guardian with signing rights to
55	55	24release the child from school, visit notes from the school nurse, guidance counselor, or other
56	56	25administrators, detailed notes on best interest determination meetings, if applicable, and any
57	57	26other educational information that the department requires. The department shall maintain the
58	58	27electronic backpack as part of the department’s records for the foster child or youth as long as
59	59	28the foster child or youth remains in foster care.
60	60	29 (d) The department shall make the electronic backpack available to:
61	61	30 (i) Any person authorized by law to make educational decisions for the foster child or
62	62	31youth;
63	63	32 (ii) The teacher/teachers, school and school district that the child or youth is enrolled in; 3 of 3
64	64	33 (iii) Any person authorized to consent to medical care for the foster child or youth; and
65	65	34 (iv) Any provider of medical care to the foster child or youth if access to the foster child
66	66	35or youth’s educational information is necessary for the provision of medical care and is not
67	67	36prohibited by law.
68	68	37 (e) The department shall collaborate with the department of children and families to
69	69	38develop policies and procedures to ensure that the needs of foster child or youths are met in
70	70	39every school district.
71	71	40 SECTION 2. The department shall implement the electronic backpack program within
72	72	41one year of the passage of this act.