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