Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H442 Introduced / Bill

Filed 02/16/2023

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HOUSE DOCKET, NO. 2596       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 442
The Commonwealth of Massachusetts
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PRESENTED BY:
Daniel R. Carey
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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 establishing a special education funding reform commission.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel R. Carey2nd Hampshire1/19/2023Vanna Howard17th Middlesex1/31/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023 1 of 4
HOUSE DOCKET, NO. 2596       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 442
By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 442) of 
Daniel R. Carey, Vanna Howard and Joanne M. Comerford for legislation to establish a special 
commission (including members of the General Court) relative to special education funding 
reform. 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 establishing a special education funding reform commission.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 There shall be a Special Education Financing Commission to review the 
2Commonwealth’s system for financing special education and make recommendations for a more 
3equitable system that provides adequate funding to local school districts to meet the costs of 
4providing high quality education to students with disabilities.
5 The commission’s review shall evaluate the commonwealth’s current special education 
6financing structure and make recommendations to achieve the following goals:
7 (1) special education funds shall be sufficient to allow all schools to provide a high 
8quality education in the least restrictive environment that meets the unique needs of each eligible 
9student;
10 (2) special education funds provided to school districts shall recognize the variation in the 
11resources that are required to provide students with different disabilities a high quality education; 2 of 4
12 (3) districts with more students receiving special education services shall equitably 
13receive more state special education assistance funding than districts with fewer students 
14receiving special education services;
15 (4) districts with less local resources shall equitably receive more state special education 
16assistance funding than districts with more local resources;
17 (5) special education funds shall be relatively 	predictable and stable to enable school 
18districts to budget effectively and implement multi-year plans;
19 (6) the special education funding system shall 	promote the efficient use of funds without 
20incentivizing the under or misdiagnosis of students with disabilities;
21 (7) the special education funding system shall 	promote flexibility and innovation in 
22providing high quality education;
23 (8) the special education funding system shall 	limit local financial responsibility for 
24providing education to students with extraordinary needs; and
25 (9) the special education funding system shall 	provide sufficient funds to meet the costs 
26of transportation of special education students.
27 In carrying out the review, the commissioner of elementary and secondary education 
28shall provide to the commission any data and information relevant to the commission’s charge. 
29The commissioner of elementary and secondary education shall furnish reasonable staff and 
30other support for the work of the commission.
31 Prior to issuing its recommendations, the commission shall conduct not fewer than 4 
32public hearings across regions of the commonwealth. 3 of 4
33 The commission shall include the house and senate chairs of the joint committee on 
34education, who shall serve as co-chairs, the governor or a designee, the secretary of education, 
35the commissioner of elementary and secondary education, the commissioner of early education 
36and care, the director of the Massachusetts office on disability, the speaker of the house of 
37representatives or a designee, the president of the senate or a designee, the minority leader of the 
38house of representatives or a designee, the minority leader of the senate or a designee, the chair 
39of the house committee on ways and means or a designee, the chair of the senate committee on 
40ways and means or a designee, the house and senate chairs of the joint committee on children, 
41families and persons with disabilities, and 1 member to be appointed by each of the following 
42organizations: the Massachusetts Municipal Association, Inc., the Massachusetts Business 
43Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the 
44Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers 
45Association, the American Federation of Teachers Massachusetts, the Massachusetts Association 
46of Vocational Administrators, Inc., the Massachusetts Association of Regional Schools, Inc., 
47Massachusetts Advocates for Children, Federation for Children with Special Needs, ARC of 
48Mass, and the Parent Professional Advocacy League of Massachusetts. Members shall not 
49receive compensation for their services but may receive reimbursement for the reasonable 
50expenses incurred in carrying out their responsibilities as members of the commission.
51 It shall not constitute a violation of chapter 268A of the General Laws for a person 
52employed by a school district to serve on the commission or to participate in commission 
53deliberations that may have a financial impact on the district employing that person or on the rate 
54at which that person may be compensated. The commission may establish procedures to ensure 
55that no such person participates in commission deliberations that may directly affect the school  4 of 4
56districts employing those persons or that may directly affect the rate at which those persons are 
57compensated.
58 The commission shall file its report on or before June 30, 2024. A copy of the report and 
59recommendations shall be made publicly available on the website of the department of 
60elementary and secondary education and submitted to the joint committee on education, the joint 
61committee on children, families and persons with disabilities, and the house and senate 
62committees on ways and means.