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| 2 | 2 | | HOUSE DOCKET, NO. 975 FILED ON: 1/17/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3572 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | David Henry Argosky LeBoeuf |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to promote democratic accountability in the board of elementary and secondary |
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| 13 | 13 | | education. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/17/2023 1 of 3 |
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| 17 | 17 | | HOUSE DOCKET, NO. 975 FILED ON: 1/17/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3572 |
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| 19 | 19 | | By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 3572) of |
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| 20 | 20 | | David Henry Argosky LeBoeuf relative to the membership of the Board of Elementary and |
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| 21 | 21 | | Secondary Education. Education. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to promote democratic accountability in the board of elementary and secondary |
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| 28 | 28 | | education. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 1E of chapter 15 of the General Laws, as appearing in the 2020 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out the first paragraph and inserting in place |
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| 33 | 33 | | 3thereof the following paragraph:- |
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| 34 | 34 | | 4 There shall be in the department a board of elementary and secondary education, in this |
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| 35 | 35 | | 5chapter called the board, which shall consist of 15 members consisting of the chairperson of the |
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| 36 | 36 | | 6student advisory council established under this section, the secretary of education, in this chapter |
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| 37 | 37 | | 7called the secretary, or the secretary’s designee, 1 public school educator selected by the |
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| 38 | 38 | | 8governor from a list of 3 nominees provided by the Massachusetts Teachers Association, 1 |
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| 39 | 39 | | 9public school educator selected by the governor from a list of 3 nominees provided by the |
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| 40 | 40 | | 10American Federation of Teachers Massachusetts, 1 member of a school committee selected by |
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| 41 | 41 | | 11the governor from a list of 3 nominees provided by the Massachusetts Association of School |
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| 42 | 42 | | 12Committees, 1 representative of a labor organization selected by the governor from a list of 3 2 of 3 |
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| 43 | 43 | | 13nominees provided by the Massachusetts State Labor Council, AFL-CIO; 1 representative of |
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| 44 | 44 | | 14parents of school children selected by the governor from a list of 3 nominees provided by the |
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| 45 | 45 | | 15Massachusetts Parent Teachers Association; and 8 additional members. The 5 members the |
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| 46 | 46 | | 16governor selects from a list of provided nominees shall each be selected by the governor within 2 |
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| 47 | 47 | | 17months of when the corresponding list of nominees is provided. The 8 additional members shall |
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| 48 | 48 | | 18be nominated by the governor and shall be confirmed or rejected by a majority of members of |
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| 49 | 49 | | 19the General Court in individual roll call votes for each nominee within 2 months of the |
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| 50 | 50 | | 20governor’s nomination. Each of the 8 additional members nominated by the governor shall reside |
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| 51 | 51 | | 21in 1 of 8 districts drawn by the General Court, each district encompassing 5 contiguous senate |
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| 52 | 52 | | 22districts. As determined from the most recent decennial federal census, no more than 3 members |
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| 53 | 53 | | 23of the 15 members of the board shall be residents of municipalities from the top quintile of |
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| 54 | 54 | | 24municipalities by median household income, no more than 3 members shall reside in |
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| 55 | 55 | | 25municipalities in the second quintile of municipalities by median household income and no more |
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| 56 | 56 | | 26than 3 members shall reside in municipalities in the third quintile of municipalities by median |
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| 57 | 57 | | 27household income. As determined from the most recent decennial federal census, no fewer than 3 |
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| 58 | 58 | | 28members of the 15 members of the board shall be residents of municipalities from the bottom |
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| 59 | 59 | | 29quintile of municipalities by median household income and no fewer than 3 members shall be |
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| 60 | 60 | | 30residents of municipalities from the fourth quintile of municipalities. The board shall include no |
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| 61 | 61 | | 31more than 1 member from business and industry. No appointive member of said board shall be |
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| 62 | 62 | | 32employed by or receive regular compensation from the department of education. Not more than 2 |
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| 63 | 63 | | 33members of said board shall be employed on a full-time basis by any agency of the |
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| 64 | 64 | | 34commonwealth. The 13 members selected or nominated by the governor shall be appointed for a |
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| 65 | 65 | | 35term of 4 years. Vacancies shall be filled consistent with the requirements of section 10 of 3 of 3 |
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| 66 | 66 | | 36chapter 30. No person shall be appointed to serve more than 10 years, provided, however, that |
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| 67 | 67 | | 37only service on or after July 1, 1996 shall be counted for this purpose. Prior service on said board |
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| 68 | 68 | | 38for a term of less than 3 years, resulting from an initial appointment or an appointment for the |
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| 69 | 69 | | 39remainder of an unexpired term, shall not be counted as a full term. If a member is absent from |
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| 70 | 70 | | 40any 4 regularly scheduled monthly meetings, exclusive of July and August, in any calendar year, |
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| 71 | 71 | | 41the member’s office as a member of said board shall be deemed vacant. The chairperson of the |
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| 72 | 72 | | 42board shall forthwith notify the governor that such vacancy exists. A person affiliated with an |
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| 73 | 73 | | 43independent institution of higher education shall be eligible for membership on said board. No |
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| 74 | 74 | | 44member of said board shall be found to be in violation of section 6 of chapter 268A for |
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| 75 | 75 | | 45 conduct which involves his participation, as a member of said board, in a particular |
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| 76 | 76 | | 46matter before said board which may affect the financial interest of an independent institution of |
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| 77 | 77 | | 47higher education with which the member is affiliated; provided, however, that said member, the |
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| 78 | 78 | | 48member’s immediate family or partner has no personal and direct financial interest in said |
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| 79 | 79 | | 49particular matter; and provided, further, that such affiliation is disclosed to said board and |
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| 80 | 80 | | 50recorded in the minutes of the board. |
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| 81 | 81 | | 51 SECTION 2. All terms of the members of the board of elementary and secondary |
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| 82 | 82 | | 52education appointed by the governor pursuant to section 1E of chapter 15 of the General Laws |
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| 83 | 83 | | 53are hereby vacated and the board shall be reconstituted in accordance with the provisions of this |
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| 84 | 84 | | 54act. |
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| 85 | 85 | | 55 SECTION 3. Section 2 shall take effect 1 year after its passage. |
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