Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H454 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. 2251 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 454
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 to ensure equitable access to education, including special education services, for all
13	13	students in Massachusetts.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/18/2023Vanna Howard17th Middlesex1/31/2023Steven Ultrino33rd Middlesex2/2/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023Priscila S. Sousa6th Middlesex2/15/2023Russell E. Holmes6th Suffolk3/2/2023Lindsay N. Sabadosa1st Hampshire3/4/2023 1 of 4
17	17	HOUSE DOCKET, NO. 2251 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 454
19	19	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 454) of
20	20	Marjorie C. Decker and others for legislation to ensure equitable access to education and special
21	21	education services for all students. Education.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 565 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to ensure equitable access to education, including special education services, for all
30	30	students in Massachusetts.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 1I of chapter 69 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by inserting after the fifth paragraph the following
35	35	3paragraph: -
36	36	4 In order for the department to: address educational inequities through a data-driven
37	37	5approach; report data in a manner that specifies the demographics of students facing the most
38	38	6significant inequities; and ensure that educational inequities can be effectively identified and
39	39	7addressed during the COVID-19 recovery and beyond; The department shall annually analyze
40	40	8and publish in an easily accessible and user friendly manner the student-specific data provided
41	41	9by school committees and charter schools pursuant to: section 1I of Chapter 69; sections 37G, 2 of 4
42	42	1037H, 37O, 37P, and 89 of Chapter 71 of the General Laws; sections 3 and 7 of Chapter 71A of
43	43	11the General Laws; section 6 of Chapter 71B of the General Laws; section 2A of Chapter 72 of
44	44	12the General Laws; statewide assessment data utilized as a basis for competency determinations
45	45	13pursuant to section 1D of chapter 69 of the General Laws; and any other data required by the
46	46	14federal office of education, provided that said data required by the federal department of
47	47	15education is also student-specific data and can be cross-tabulated. The department shall provide
48	48	16said data in a manner that can be easily cross-tabulated by, at a minimum, the following: each
49	49	17major racial and ethnic group; sex; economic status; high needs status; English learner status;
50	50	18and category of disability, if applicable. The information shall be presented statewide and also
51	51	19disaggregated by school committee, charter school, and individual school in a manner that is
52	52	20anonymized and does not reveal personally identifiable information about an individual student.
53	53	21Publication shall include, but need not be limited to, availability on the department's worldwide
54	54	22web site.
55	55	23 SECTION 2. Said section 1I of said chapter 69, as so appearing, is further amended by
56	56	24striking out, in line 239, the word “and”.
57	57	25 SECTION 3. Said section 1I of said chapter 69, as so appearing, is hereby further
58	58	26amended by inserting after the word “learners”, in line 241, the following words:-- ; and
59	59	27 (i) The number of children, by grade level, within each disability category receiving
60	60	28specific special education services, including but not limited to: each related service; assistive
61	61	29technology, including but not limited to augmentative and alternative communication;
62	62	30supplementary aids and services; positive behavioral interventions and supports; behavioral
63	63	31intervention plans; vocational education; travel training; and community-based transition 3 of 4
64	64	32services; provided further that school districts and charter schools shall only be required to
65	65	33provide said information regarding number of children receiving specific special education
66	66	34services when the department provides school committees with an online web-based IEP
67	67	35application aligned with the special education services requiring reporting under this section.
68	68	36 SECTION 4. Section 6 of Chapter 71B of the General Laws, as appearing in the 2020
69	69	37Official Edition, is hereby amended by inserting after the first sentence the following sentences:-
70	70	38School committees shall also annually report to the department, pursuant to regulations
71	71	39promulgated by the department, delivery of specific special education services by each major
72	72	40racial and ethnic group, sex, economic status, and English learner status of children by age level,
73	73	41including but not limited to delivery of: each related service; assistive technology, including but
74	74	42not limited to augmentative and alternative communication; supplementary aids and services;
75	75	43positive behavioral interventions and supports; behavioral intervention plans; vocational
76	76	44education; travel training; and community-based transition services. This annual reporting by
77	77	45school committees to the department shall only be required when the department provides school
78	78	46committees with an online web-based IEP application aligned with the special education services
79	79	47requiring reporting under this section. This information shall be cross-tabulated by, at a
80	80	48minimum, the following: each major racial and ethnic group; sex; economic status; and English
81	81	49learner status. The information shall be presented statewide and also disaggregated by school
82	82	50committee, charter school, and individual school in a manner that is anonymized and does not
83	83	51reveal personally identifiable information about an individual student.
84	84	52 SECTION 5. Said section 6 of said Chapter 71B, as so appearing, is hereby further
85	85	53amended by inserting after the word “assignment”, in line 8, the following words:-- or pattern of
86	86	54delivery of specific special education services. 4 of 4
87	87	55 SECTION 6. Said section 6 of said Chapter 71B of the General Laws, as so appearing, is
88	88	56hereby further amended by inserting after the word “distribution”, in line 10, the following
89	89	57words:-- or if there is a statistically significant increase in the rates of assignment of students
90	90	58with disabilities to substantially separate classrooms for any racial or ethnic group in any of the
91	91	5910 years following the Governor’s Declaration of a State of Emergency due to COVID-19 in
92	92	60March 2020, as compared to the 2018-19 school year.