Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H442 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. 2596 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 442
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel R. Carey
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 establishing a special education funding reform commission.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 2596 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 442
18	18	By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 442) of
19	19	Daniel R. Carey, Vanna Howard and Joanne M. Comerford for legislation to establish a special
20	20	commission (including members of the General Court) relative to special education funding
21	21	reform. Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act establishing a special education funding reform commission.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 There shall be a Special Education Financing Commission to review the
31	31	2Commonwealth’s system for financing special education and make recommendations for a more
32	32	3equitable system that provides adequate funding to local school districts to meet the costs of
33	33	4providing high quality education to students with disabilities.
34	34	5 The commission’s review shall evaluate the commonwealth’s current special education
35	35	6financing structure and make recommendations to achieve the following goals:
36	36	7 (1) special education funds shall be sufficient to allow all schools to provide a high
37	37	8quality education in the least restrictive environment that meets the unique needs of each eligible
38	38	9student;
39	39	10 (2) special education funds provided to school districts shall recognize the variation in the
40	40	11resources that are required to provide students with different disabilities a high quality education; 2 of 4
41	41	12 (3) districts with more students receiving special education services shall equitably
42	42	13receive more state special education assistance funding than districts with fewer students
43	43	14receiving special education services;
44	44	15 (4) districts with less local resources shall equitably receive more state special education
45	45	16assistance funding than districts with more local resources;
46	46	17 (5) special education funds shall be relatively predictable and stable to enable school
47	47	18districts to budget effectively and implement multi-year plans;
48	48	19 (6) the special education funding system shall promote the efficient use of funds without
49	49	20incentivizing the under or misdiagnosis of students with disabilities;
50	50	21 (7) the special education funding system shall promote flexibility and innovation in
51	51	22providing high quality education;
52	52	23 (8) the special education funding system shall limit local financial responsibility for
53	53	24providing education to students with extraordinary needs; and
54	54	25 (9) the special education funding system shall provide sufficient funds to meet the costs
55	55	26of transportation of special education students.
56	56	27 In carrying out the review, the commissioner of elementary and secondary education
57	57	28shall provide to the commission any data and information relevant to the commission’s charge.
58	58	29The commissioner of elementary and secondary education shall furnish reasonable staff and
59	59	30other support for the work of the commission.
60	60	31 Prior to issuing its recommendations, the commission shall conduct not fewer than 4
61	61	32public hearings across regions of the commonwealth. 3 of 4
62	62	33 The commission shall include the house and senate chairs of the joint committee on
63	63	34education, who shall serve as co-chairs, the governor or a designee, the secretary of education,
64	64	35the commissioner of elementary and secondary education, the commissioner of early education
65	65	36and care, the director of the Massachusetts office on disability, the speaker of the house of
66	66	37representatives or a designee, the president of the senate or a designee, the minority leader of the
67	67	38house of representatives or a designee, the minority leader of the senate or a designee, the chair
68	68	39of the house committee on ways and means or a designee, the chair of the senate committee on
69	69	40ways and means or a designee, the house and senate chairs of the joint committee on children,
70	70	41families and persons with disabilities, and 1 member to be appointed by each of the following
71	71	42organizations: the Massachusetts Municipal Association, Inc., the Massachusetts Business
72	72	43Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the
73	73	44Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers
74	74	45Association, the American Federation of Teachers Massachusetts, the Massachusetts Association
75	75	46of Vocational Administrators, Inc., the Massachusetts Association of Regional Schools, Inc.,
76	76	47Massachusetts Advocates for Children, Federation for Children with Special Needs, ARC of
77	77	48Mass, and the Parent Professional Advocacy League of Massachusetts. Members shall not
78	78	49receive compensation for their services but may receive reimbursement for the reasonable
79	79	50expenses incurred in carrying out their responsibilities as members of the commission.
80	80	51 It shall not constitute a violation of chapter 268A of the General Laws for a person
81	81	52employed by a school district to serve on the commission or to participate in commission
82	82	53deliberations that may have a financial impact on the district employing that person or on the rate
83	83	54at which that person may be compensated. The commission may establish procedures to ensure
84	84	55that no such person participates in commission deliberations that may directly affect the school 4 of 4
85	85	56districts employing those persons or that may directly affect the rate at which those persons are
86	86	57compensated.
87	87	58 The commission shall file its report on or before June 30, 2024. A copy of the report and
88	88	59recommendations shall be made publicly available on the website of the department of
89	89	60elementary and secondary education and submitted to the joint committee on education, the joint
90	90	61committee on children, families and persons with disabilities, and the house and senate
91	91	62committees on ways and means.