HOUSE . . . . . . . . No. 4519
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES , April 8, 2024.
The committee on Education, to whom were referred the petition
(accompanied by bill, House, No. 468) of Carol A. Doherty and others
relative to establishing a special commission (including members of the
General Court) on creating a more diversified teaching workforce, the
petition (accompanied by bill, House, No. 498) of Natalie M. Higgins,
Jack Patrick Lewis and others relative to LGBTQ+ inclusive curriculum in
public schools, the petition (accompanied by bill, House, No. 500) of
Vanna Howard, Sean Garballey and others for legislation to include Asian
Pacific Islander Desi American history education in school curriculum, the
petition (accompanied by bill, House, No. 528) of Michael P. Kushmerek
and others that the Department of Elementary and Secondary Education
develop an accelerated, tuition-free teacher occupational apprenticeship
program, the petition (accompanied by bill, House, No. 529) of Jack
Patrick Lewis and others relative to the teaching of Native American
culture and history, the petition (accompanied by bill, House, No. 536) of
Samantha Montaño and others relative to the creation of a permanent
commission relative to the education of American Indian and Alaska
Native residents, the petition (accompanied by bill, House, No. 542) of
Tram T. Nguyen, Steven Ultrino and others for legislation to promote
racially inclusive curriculum in schools, the petition (accompanied by bill,
House, No. 546) of Steven Owens, Manny Cruz and others relative to
addressing racial and cultural bias training in educator professional
development, the petition (accompanied by bill, House, No. 548) of Alice
Hanlon Peisch relative to teacher preparation and certification, the petition
(accompanied by bill, House, No. 549) of Alice Hanlon Peisch and others
relative to educator diversity, the petition (accompanied by bill, House,
No. 561) of David M. Rogers and Frank A. Moran for legislation to
establish an integrated cultural studies curriculum in schools, the petition
(accompanied by bill, House, No. 583) of Priscila S. Sousa and Rodney
M. Elliott relative to protecting certain teachers from layoffs, the petition
(accompanied by bill, House, No. 588) of Chynah Tyler, Dylan A. Fernandes and others for legislation to establish a permanent commission
on anti-racist education to develop anti-racist curriculum for the public
schools, and the petition (accompanied by bill, House, No. 591) of Chynah
Tyler, Christopher J. Worrell and Michelle M. DuBois relative to
including the events of Black History instruction at schools and
institutions of higher education, reports recommending that the
accompanying bill (House, No. 4519) ought to pass.
For the committee,
DENISE C. GARLICK. 1 of 15
FILED ON: 3/15/2024
HOUSE . . . . . . . . . . . . . . . No. 4519
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to educator diversity.
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. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 2DDDDDD the following new section:-
3 Section 2EEEEEE. (a) There shall be established and set up on the books of the
4commonwealth a separate fund to be known as the Educator Diversity Trust Fund. The
5commissioner of elementary and secondary education shall administer the fund. The fund shall
6be credited with: (i) revenue from appropriations or other money authorized by the general court
7and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and
8(iii) funds from public and private sources such as gifts, grants and donations to further the
9establishment of plans and programs to increase educator diversity and professional development
10pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and
11practices. Amounts credited to the fund shall not be subject to further appropriation and any
12money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. 2 of 15
13 (b) The commissioner shall establish a grant program for public school districts, charter
14schools, nonprofits or community-based organizations, and institutions of higher education.
15Grants shall be provided for the following purposes: (i) to assist public school districts and
16charter schools with the establishment of plans and programs to increase educator diversity,
17including, but not limited to, the development of in-house teacher residency programs, pathways
18focused on recruiting, developing, and supporting educators who are members of groups
19underrepresented in the educator workforce, and other promising practices to increase the
20recruitment and retention of diverse educators; (ii) for professional development and other
21training for educators and other district and school staff pertaining to evidence-based culturally
22responsive and linguistically sustaining pedagogy and practices; (iii) to assist public school
23districts and charter schools with the establishment of programs to incentivize diverse and highly
24effective educators to work or continue working in districts and charter schools with high
25concentrations of economically disadvantaged students or English learners; and (iv) other
26evidence-based strategies to increase educator diversity and culturally responsive and
27linguistically sustaining practices in public school districts and charter schools. In establishing
28and administering the grant program, the commissioner shall prioritize public school districts and
29charter schools with high concentrations of economically disadvantaged students or English
30learners, which may include a district or school implementing a turnaround plan.
31 (c) Amounts received from private sources shall be approved by the commissioner of
32elementary and secondary education and subject to review before being deposited in the fund to
33ensure that pledged funds are not accompanied by conditions, explicit or implicit, that may be
34detrimental to the implementation of plans and programs to increase educator diversity or
35professional development pertaining to evidence-based culturally responsive and linguistically 3 of 15
36sustaining pedagogy and practices. The review shall be made publicly available on the
37department's website.
38 (d) In making grants, the commissioner shall utilize funding from the Educator Diversity
39Trust Fund and may apply for federal, state or other funding.
40 (e) Annually, not later than December 1, the commissioner shall report to the clerks of
41the house of representatives and senate, the joint committee on education and the house and
42senate committees on ways and means on activity of the Educator Diversity Trust Fund. The
43report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the
44amounts distributed and the purpose of expenditures from the fund; (iii) grant recipients and the
45amount received by each recipient; (iv) anticipated revenue and expenditure projections for the
46next year; (v) the number of public school districts, charter schools, nonprofits or community-
47based organizations, and institutions of higher education that applied for, but were not granted,
48funding; and (vi) the impact of the grant program, including the expenditure of funds by grantees
49and an analysis of the types of programs created by said funds. The report shall be publicly
50available on the department's website.
51 SECTION 2. Section 38G of chapter 71 of the General Laws is hereby amended by
52inserting after paragraph ending with the words, “approved provisional educator preparation
53program”, in lines 93-94, the following paragraph:-
54 The department of elementary and secondary education shall, in consultation with
55relevant stakeholders, develop additional pathways for granting educator certification based on
56the alternative assessment pilot authorized under 603 CMR 7.04(2)(f) that may be used to satisfy
57the testing requirements contained in this section. 4 of 15
58 SECTION 3. (a) The department of elementary and secondary education shall, in
59consultation with relevant stakeholders and with the solicitation of public comment for a period
60of not less than 90 days, implement a 5-year pilot program to develop additional pathways for
61granting educator certification.
62 (b) The additional pathways may allow for waiver of not more than 1 of the 2 testing
63requirements pursuant to said section 38G of said chapter 71, per candidate, and shall include
64consideration of factors including, but not limited to, whether a candidate has: (i) completed
65field-based experience of at least 2 years in the role and at the level of the license sought; (ii)
66obtained certification in another state or territory in the United States, the District of Columbia,
67or the Commonwealth of Puerto Rico, as approved by the department; (iii) demonstrated at least
682 years of educator proficiency according to traditional measures of effectiveness, as determined
69by the department; (iv) completed a satisfactory portfolio of items that may include student
70feedback or competency-based projects; (v) received a formal recommendation from the
71principal, superintendent, or assistant superintendent of the current school or district where the
72candidate has been employed as a teacher or paraprofessional for at least 3 full years; (vi)
73obtained a master’s degree or doctorate from an accredited institution, provided that the
74advanced degree relates to the content area for which the individual is seeking certification as
75determined by the department; or (vii) completed a board-approved educator preparation
76program for the role and at the level of the license sought, including but not limited to (A) a
77college program, graduate or undergraduate, approved by the board for the preparation of
78teachers; (B) a college preparation program included in the National Association of State
79Directors of Teacher Education and Certification (NASDTEC); (C) an out of state teacher
80education program approved by the National Council for the Accreditation of Teacher Education 5 of 15
81(NCATE); or (D) another program approved by the board. This process shall give consideration
82to necessary accommodations for any person with a disability as defined in 42 U.S.C. §12102
83and comply with any other applicable state and federal laws.
84 (c) The department shall ensure that any public school district or charter school which
85employs educators licensed through this pilot program is able to provide the supports and
86resources necessary for the educators to be effective, including but not limited to policies aligned
87with the guidelines established in section 38G ¾ of chapter 71 of the General Laws.
88 (d) The department shall conduct a comprehensive evaluation of the pilot program and
89the use of the additional licensure pathways during the pilot period. The evaluation shall include:
90(i) a measurement of student impacts according to factors determined by the department; (ii) an
91assessment of progress made in diversifying the educator workforce, including data on the
92demographics of participants, hiring rates and demographics of the districts and schools where
93candidates were hired, aggregated evaluation ratings and retention rates; and (iii) an assessment
94of the impacts on candidates of diverse backgrounds.
95 (e) The department shall file a report including the evaluation of the pilot program with
96the clerks of the house of representatives and the senate and the joint committee on education no
97later than one year after the conclusion of the pilot program.
98 SECTION 4. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby
99amended by inserting after the words “attainment and renewal of such certificates”, in line 80,
100the following sentence:- 6 of 15
101 The board shall ensure that the established requirements for such certificates provide
102necessary accommodations for any person with a disability as defined in 42 U.S.C. §12102 and
103comply with any other applicable state and federal laws.
104 SECTION 5. (a) Notwithstanding any general or special law to the contrary, the
105department of elementary and secondary education shall study the feasibility of establishing a
106program which allows certain educator candidates to complete the testing requirements pursuant
107to section 38G of chapter 71 of the General Laws at no cost to the candidates. Such a program
108shall apply to candidates who are determined by the department to qualify for financial
109assistance, or have (i) attempted to complete the testing requirements pursuant to said section
11038G of chapter 71 of the General Laws; (ii) failed to meet the minimum score requirements
111established by the department; and (iii) earned a score or scores within one standard error of
112measurement of passing, as determined by the department. The study may include analysis of
113any prior or existing voucher systems designed to pay for licensure test fees.
114 (b) No later than October 1, 2025, the department shall file a report, including any
115analysis or recommendations on the feasibility of the program with the clerks of the house of
116representatives and the senate and the joint committee on education.
117 SECTION 6. (a) Notwithstanding any general or special law to the contrary, the
118department of elementary and secondary education shall study the bias and accessibility of
119assessments used by educator candidates to complete the testing requirements pursuant to section
12038G of chapter 71 of the General Laws.
121 (b) No later than October 1, 2025, the department shall file a report with the clerks of the
122house of representatives and the senate and the joint committee on education on reducing bias 7 of 15
123and increasing accessibility of assessments used by educator candidates to complete the testing
124requirements pursuant to section 38G of chapter 71 of the General Laws, including any analysis
125or recommendations. The report shall include, at minimum, (i) an analysis of potential racial,
126cultural, or linguistic biases of assessments used by educator candidates; (ii) data on candidates
127applying for accommodations and those receiving accommodations; (iii) data on the types of
128accommodations requests received and those granted; (iv) data on candidates retaking the
129assessment and any accommodations requested by those candidates; and (v) data on the passing
130rates for candidates who received accommodations and all candidates passing the assessment.
131 SECTION 7. (a) Notwithstanding any general or special law to the contrary, the
132department shall conduct a study and report on potential initiatives to incentivize diverse and
133highly effective educators to work in high-needs schools and districts, including incentives to
134recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse
135and effective teachers currently teaching in high-needs schools. “High-needs schools or
136districts,” as used herein, shall be a school or district with a high percentage of low-income
137students and/or English learners, which may include a school or district implementing a
138turnaround plan.
139 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the
140senate and house of representatives and the joint committee on education, including any analysis
141or recommendations. The report shall include, but not be limited to: (1) a survey of educator
142salaries and benefits across school districts and charter schools; (2) an assessment of potential
143incentives to attract novice educators to high-needs school districts, including but not limited to
144the establishment of loan forgiveness, scholarship, and housing support programs and the status
145of such currently or previously existing state programs; (3) the feasibility of financial incentives 8 of 15
146for achieving National Board certification; (4) the feasibility of establishing a master educator
147corps program, to be administered by the department, to incentivize educators that have achieved
148a certain level of mastery to transfer to high-needs school districts; (5) an assessment of a salary
149parity scale for any educators that have switched to high-needs school districts; (6) any other
150program, as determined by the department, to help meet the educator requirements of high-needs
151school districts; and (7) an assessment of any additional actions necessary to achieve these
152objectives.
153 SECTION 8. Section 38G of said chapter 71 of the General Laws, as so appearing, is
154hereby amended by inserting after the paragraph ending with the words “practical experience in
155the application of these strategies”, in line 267, the following paragraph:-
156 In addition to any other requirements of this section, the board shall incentivize all
157educators and administrators to be trained in strategies related to evidence-based culturally
158responsive and linguistically sustaining pedagogy and practices. The board may consider
159incentives including but not limited to certification fee waivers, resources curated and published
160by the department, professional development opportunities, and optional training during the
161certification and recertification process.
162 SECTION 9. Chapter 69 of the General Laws is hereby amended by inserting after
163section 36 the following section:-
164 Section 37. (a) Notwithstanding any general or special law to the contrary, the
165department shall set measurable educator diversity goals for the state and collect and report
166publicly statewide educator diversity data. The data shall be reported in an online dashboard
167created in consultation with the board of elementary and secondary education. The data shall 9 of 15
168include but not be limited to the hiring and retention of diverse educators, the racial, ethnic, and
169linguistic demographics of educators who complete Massachusetts state educator preparation
170programs, the racial, ethnic, and linguistic demographics of all persons applying for and
171completing educator certification, and teacher qualification data from school and district report
172cards. The department shall report annually to the board of elementary and secondary education
173on state educator diversity data and goals. The department shall also submit a report on the state
174of educator diversity to the clerks of the senate and house of representatives and the joint
175committee on education no later than June 30 on an annual basis.
176 (b) Each public school district and charter school shall collect and report to the
177department educator diversity data in a manner prescribed by the department; provided that the
178department shall utilize existing reporting mechanisms and schedules to collect educator
179diversity data and outcomes.
180 SECTION 10. Chapter 71 of the General Laws is hereby amended by inserting after
181section 38G ½ the following section:-
182 Section 38G ¾. (a) To promote a diverse educator workforce, the department shall:
183 (i) Establish guidelines for plans to increase racial, ethnic, and linguistic diversity among
184teaching, administration, and staff positions in each public school district, as defined in section 2
185of chapter 70, and each charter school, as defined in section 89 of chapter 71. These guidelines
186shall include, at a minimum, recommended policies designed to help districts and schools: (1)
187identify and eliminate discriminatory barriers to hiring and learning in a district or school; (2)
188remedy the effects of past discriminatory practices; (3) identify, recruit, and hire employees who
189are members of groups underrepresented in the educator workforce; (4) develop, promote, and 10 of 15
190retain employees who are members of groups underrepresented in the educator workforce; and
191(5) ensure equal opportunity in employment for educators. In developing these guidelines, the
192department shall consult with experts and school leaders from public school districts and charter
193schools that have experienced significant increases in hiring and retaining racially, ethnically,
194and linguistically diverse educators.
195 Each public school district and charter school shall set a corresponding policy that
196conforms with the department's guidelines. Such plans shall comply with all applicable state and
197federal laws, and shall be updated, at a minimum, every 3 years.
198 (ii) Establish a process for reviewing plans based on clearly defined criteria. A public
199school district or charter school shall amend any plan deemed not to conform with the
200requirements of this section. A public school district or charter school shall be deemed to have
201satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required
202by section 1S of chapter 69, as amended by chapter 132 of the acts of 2019, or in any other
203strategic plan developed by the district.
204 (iii) Establish periodic reporting requirements for public school districts and charter
205schools concerning the implementation of their plans and all actions taken to ensure compliance
206with this section and applicable state and federal laws. These reporting requirements shall be
207incorporated into existing reporting mechanisms and schedules where feasible.
208 (iv) Assist public school districts and charter schools in complying with their plans and
209applicable federal and state laws.
210 (v) Require approved educator preparation programs to implement plans to increase the
211racial, ethnic, and linguistic diversity of program completers. These plans shall be required as 11 of 15
212part of the educator preparation program approval process and the department shall make each
213program’s plan publicly available. The department shall establish guidelines for educator
214preparation program diversity plans.
215 (b) The board of elementary and secondary education shall review compliance with these
216plans and policies on a regular basis and may provide further recommendations regarding
217educator diversity.
218 SECTION 11. Chapter 71 of the General Laws is hereby amended by inserting after
219section 99 the following section:-
220 Section 100. (a) Each public school district and charter school shall appoint or hire a
221diversity, equity, and inclusion officer(s) or establish a diversity team, referred to in this section
222as a diversity officer or team. The role and responsibilities of a diversity officer or team may be
223assigned to an existing school employee or existing school entity. A diversity officer or team
224shall report directly to the superintendent. Diversity officers or teams shall coordinate their
225school district’s compliance with the requirements of this section and applicable federal and state
226laws. Should a district or charter school have a diversity officer or team already in place, that
227shall satisfy the requirement of this section.
228 (b) Each public school district and charter school shall establish a process for advising the
229school committee or board of trustees on matters of diversity, equity, and inclusion in the school
230district or charter school. This process may include establishing an educator diversity council
231consisting of educators, administrators, parents or caregivers, and students, which shall meet
232regularly with the superintendent or the diversity officer or teams and the school committee or
233board of trustees. For such councils that are established, members shall, to the best ability of a 12 of 15
234school district or charter school, represent a diversity of identities, including but not limited to
235race, ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability,
236and socioeconomic level. The school committee or board of trustees may appoint a member of
237the committee to serve as an ex-officio member of the educator diversity council.
238 (c) Pursuant to guidelines established by the department, all superintendents, school
239committee members, boards of trustees members, district leaders, principals, and school district
240employees shall attend diversity and implicit bias training every two years; provided that training
241completed during certification or recertification pursuant to paragraph 36 of section 38G of
242chapter 71 shall satisfy this requirement for the year in which the training was completed.
243 SECTION 12. Section 18 of Chapter 74, as appearing in the 2022 Official Edition, is
244hereby amended by striking the first paragraph and inserting in place thereof the following
245paragraph:-
246 The state board shall establish basic competency-based vocational-technical teacher
247training standards which shall serve as the fundamental, pedagogical requirements for beginning
248vocational-technical instructors. The board shall further require that all persons seeking to meet
249the board's requirements shall have successfully passed performance and written tests in areas as
250determined by the board or shall have satisfied alternative measures of proficiency established by
251the board and shall have successfully completed an approved seminar on teaching skills and
252methods.
253 SECTION 13. (a) Notwithstanding any general law or special law to the contrary, the
254department of elementary and secondary education shall, subject to appropriation, develop and
255administer a 2-year pilot program, in partnership with a college or university or school or district 13 of 15
256or other institution offering an approved preparation program pursuant to Section 38G of Chapter
25771 of the General Laws, for teacher apprenticeships during which participants shall complete a
258paid teaching apprenticeship for 2 full school years in a high-needs district in the classroom with
259a highly proficient mentor teacher, as determined by the department using factors including but
260not limited to traditional measures of effectiveness and demonstrated evidence-based practices,
261as determined by the department. As used herein, “high-needs” shall be defined as: schools or
262districts with a high percentage of low-income students and English learners, which may include
263schools or districts implementing turnaround plans. The program shall provide sufficient funds to
264candidates to support earning a competitive wage, including but not limited to support for
265childcare, transportation, textbooks, and other core expenses, to ensure a diverse cohort are able
266to fully participate. In designing the program, the department shall partner with the
267Massachusetts Executive Office of Labor and Workforce Development and consult the National
268Guidelines for Apprenticeship Standards (NGS) for Registered Apprenticeships for K-12
269teachers. The department shall seek to maximize revenues through federal monies, matching
270funds and grants to support this program. Subject to available state and federal funds, the
271department shall consider the feasibility of a no-cost or tuition-free program for some or all
272participants on the basis of a participant’s financial need.
273 (b) In administering the pilot program, the department shall promulgate regulations
274defining the apprenticeship and the target candidates to be admitted to the program.
275 (c) The department shall file a report with the clerks of the house of representatives and
276the senate and the joint committee on education no later than 1 year after the completion of the
277pilot on the outcome of the pilot program. The report shall include data on the demographics of
278participants, licensure pass rates, hiring rates, and an assessment of the feasibility of applying for 14 of 15
279status as a United States Registered Apprenticeship. The department shall file a report with the
280clerks of the house of representatives and the senate and joint committee on education no later
281than 3 years after the completion of the pilot that includes, at a minimum, an evaluation of the
282impact of apprentices on student outcomes as compared to teachers not participating in the pilot
283using traditional measures of effectiveness, as determined by the department, and an assessment
284of the feasibility of expanding to a 2-year teacher apprenticeship for all teacher candidates or all
285candidates in high-needs districts.
286 SECTION 14. (a) Not later than October 1, 2025, the department of elementary and
287secondary education, or any department or agency thereof designated by the executive office,
288shall establish a public information campaign, which shall be no less than 1 year, to educate and
289promote awareness to the public of available state scholarships and loan forgiveness programs
290for prospective educators. The campaign shall include, but not be limited to, information about
291the availability and eligibility for such scholarships and loan forgiveness programs. The
292department of elementary and secondary education, or any department or agency thereof
293designated by the executive office, shall seek to ensure that the information campaign reaches
294individuals applying to public institutions of higher education, pursuant to section 5 of chapter
29515A of the General Laws, and community colleges, pursuant to section 10 of chapter 15A of the
296General Laws.
297 (b) Not later than October 1, 2027, the department shall report to the joint committee on
298education on the impact of the public information campaign, including data on the numbers of
299applicants for available state scholarships and loan forgiveness programs and the awarding of
300such scholarships and loan forgiveness program participants. 15 of 15
301 SECTION 15. The board of elementary and secondary education shall promulgate rules
302and regulations to implement the requirements of this act. Such regulations shall include a
303schedule for public school districts and charter schools to meet the planning and reporting
304requirements of this act, provided that such schedule shall prioritize implementation for school
305districts and charter schools that have significant disparities between educator and student
306demographics, according to racial, ethnic, and linguistic diversity.