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HOUSE DOCKET, NO. 975 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 3572
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David Henry Argosky LeBoeuf
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to promote democratic accountability in the board of elementary and secondary
education.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/17/2023 1 of 3
HOUSE DOCKET, NO. 975 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 3572
By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 3572) of
David Henry Argosky LeBoeuf relative to the membership of the Board of Elementary and
Secondary Education. Education.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to promote democratic accountability in the board of elementary and secondary
education.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1E of chapter 15 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out the first paragraph and inserting in place
3thereof the following paragraph:-
4 There shall be in the department a board of elementary and secondary education, in this
5chapter called the board, which shall consist of 15 members consisting of the chairperson of the
6student advisory council established under this section, the secretary of education, in this chapter
7called the secretary, or the secretary’s designee, 1 public school educator selected by the
8governor from a list of 3 nominees provided by the Massachusetts Teachers Association, 1
9public school educator selected by the governor from a list of 3 nominees provided by the
10American Federation of Teachers Massachusetts, 1 member of a school committee selected by
11the governor from a list of 3 nominees provided by the Massachusetts Association of School
12Committees, 1 representative of a labor organization selected by the governor from a list of 3 2 of 3
13nominees provided by the Massachusetts State Labor Council, AFL-CIO; 1 representative of
14parents of school children selected by the governor from a list of 3 nominees provided by the
15Massachusetts Parent Teachers Association; and 8 additional members. The 5 members the
16governor selects from a list of provided nominees shall each be selected by the governor within 2
17months of when the corresponding list of nominees is provided. The 8 additional members shall
18be nominated by the governor and shall be confirmed or rejected by a majority of members of
19the General Court in individual roll call votes for each nominee within 2 months of the
20governor’s nomination. Each of the 8 additional members nominated by the governor shall reside
21in 1 of 8 districts drawn by the General Court, each district encompassing 5 contiguous senate
22districts. As determined from the most recent decennial federal census, no more than 3 members
23of the 15 members of the board shall be residents of municipalities from the top quintile of
24municipalities by median household income, no more than 3 members shall reside in
25municipalities in the second quintile of municipalities by median household income and no more
26than 3 members shall reside in municipalities in the third quintile of municipalities by median
27household income. As determined from the most recent decennial federal census, no fewer than 3
28members of the 15 members of the board shall be residents of municipalities from the bottom
29quintile of municipalities by median household income and no fewer than 3 members shall be
30residents of municipalities from the fourth quintile of municipalities. The board shall include no
31more than 1 member from business and industry. No appointive member of said board shall be
32employed by or receive regular compensation from the department of education. Not more than 2
33members of said board shall be employed on a full-time basis by any agency of the
34commonwealth. The 13 members selected or nominated by the governor shall be appointed for a
35term of 4 years. Vacancies shall be filled consistent with the requirements of section 10 of 3 of 3
36chapter 30. No person shall be appointed to serve more than 10 years, provided, however, that
37only service on or after July 1, 1996 shall be counted for this purpose. Prior service on said board
38for a term of less than 3 years, resulting from an initial appointment or an appointment for the
39remainder of an unexpired term, shall not be counted as a full term. If a member is absent from
40any 4 regularly scheduled monthly meetings, exclusive of July and August, in any calendar year,
41the member’s office as a member of said board shall be deemed vacant. The chairperson of the
42board shall forthwith notify the governor that such vacancy exists. A person affiliated with an
43independent institution of higher education shall be eligible for membership on said board. No
44member of said board shall be found to be in violation of section 6 of chapter 268A for
45 conduct which involves his participation, as a member of said board, in a particular
46matter before said board which may affect the financial interest of an independent institution of
47higher education with which the member is affiliated; provided, however, that said member, the
48member’s immediate family or partner has no personal and direct financial interest in said
49particular matter; and provided, further, that such affiliation is disclosed to said board and
50recorded in the minutes of the board.
51 SECTION 2. All terms of the members of the board of elementary and secondary
52education appointed by the governor pursuant to section 1E of chapter 15 of the General Laws
53are hereby vacated and the board shall be reconstituted in accordance with the provisions of this
54act.
55 SECTION 3. Section 2 shall take effect 1 year after its passage.