1 of 1
HOUSE DOCKET, NO. 2596 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 442
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Daniel R. Carey
_________________
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.
_______________
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
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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.