Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4604 Latest Draft

Bill / Introduced Version Filed 05/02/2024

                            HOUSE .   .    .      .     .     .  No. 4604
The Commonwealth of Massachusetts
_______________________
HOUSE OF REPRESENTATIVES
_______________________
REPORT
of the
SPECIAL JOINT
COMMITTEE
on
INITIATIVE PETITIONS
on the
INITIATIVE PETITION
of
DEBORAH THERESE MCCARTHY
AND OTHERS
FOR THE PASSAGE OF AN ACT
REQUIRING THAT DISTRICTS CERTIFY THAT STUDENTS HAVE MASTERED 
THE SKILLS, COMPETENCIES AND KNOWLEDGE OF THE STATE 
STANDARDS AS A REPLACEMENT FOR THE MCAS GRADUATION 
REQUIREMENT 
(see House, No. 4252)
_______________________
April 30, 2024.
_______________________ MAJORITY REPORT.
A majority of the Special Joint Committee on Initiative Petitions (“The 
Committee”) recommends that the Initiative Petition 23-36, House 4252, “An Act 
requiring that districts certify that students have mastered the skills, competencies and 
knowledge of the state standards as a replacement for the MCAS graduation 
requirement,” (“the Initiative Petition”) as currently drafted and presented to this 
Committee, OUGHT NOT TO BE ENACTED BY THE LEGISLATURE AT THIS 
TIME.
The purpose of this report is to provide a recommendation to 	the full legislature on 
whether to accept the Initiative Petition as written for consideration and enactment.
The proposed Initiative Petition would amend Section 1D of Chapter 69 of the General 
Laws by eliminating the uniform statewide competency determination set by the Board of 
Elementary and Secondary Education and replacing it with a competency determination 
established by each of the over 300 school districts in the Commonwealth.
Testimony
The Committee heard from experienced professionals, proponents, and opponents of the 
Initiative Petition, as well as members of the general public.
Subject matter expert Robert Curtin, Chief Officer for Data, Assessment, and 
Accountability at the Massachusetts Department of Elementary and Secondary Education 
(“DESE”), testified that the overwhelming majority of high school students are able to 
graduate regardless of their socio-economic status, ethnic/racial background, or disability 
status. All of these subgroups graduate at rates far in excess of 90 per cent, with the 
exception of those with profound cognitive impairments. Mr. Curtin further testified that 
99 per cent of students are able to graduate by passing the 10
th
 grade Massachusetts 
Comprehensive Assessment System (“MCAS”) or pursuing one of the alternative paths 
available to them. According to data from the Class of 2019, the last graduating class not 
impacted by COVID-19, of 70,000 high school seniors statewide, 700 failed to graduate 
because they had not met the requirement and in Boston, the largest district in the state 
with a high percentage of low-income students and students of color, only 7 in that class 
failed to graduate only for this reason. Over 88 per cent of twelfth grade students in the 
Class of 2019 achieved a “passing” score on the 10
th
 grade MCAS tests. Mr. Curtin 
elaborated on previous comments, explaining that those who do not achieve that score on 
the first try can pursue a variety of options to demonstrate that they have acquired the 
requisite knowledge and skills. Students can retake the test until they achieve a passing 
grade, they can pursue a “Performance/Cohort 	Appeal” by demonstrating to DESE that 
their classwork is equivalent to that of students in their classes who did pass the test, or 
they can complete a district developed Educational Proficiency Plan if their MCAS score 
is slightly below passing. As a result of these multiple pathways, Mr. Curtin testified that, 
on average, less than 1 per cent of high school seniors fail to graduate solely because they 
did not meet the graduation requirement. Other subject matter experts testified from the perspective of education leadership 
positions. Paul Reville, the Francis Keppel Professor of Practice of Educational Policy 
and Administration at the Harvard Graduate School of Education and former 
Massachusetts Secretary of Education during the Patrick Administration, commented that 
passage of the Initiative Petitions “would usher in a new era of scattershot standards and 
undermine decades of education reform.” Stephen Zrike, current superintendent of the 
Salem Public Schools and former receiver of Holyoke Public Schools, testified that 
requiring students to meet the Board of Elementary and Secondary Education (“BESE”) 
competency determination is good preparation for the world beyond high school where 
graduates will be expected to perform in order to progress in their chosen fields. 
Panels of proponents, including the President and Vice President of the Massachusetts 
Teachers Association (“MTA”), Max Page and Deb McCarthy respectively, current 
educators, and a college student, testified that the graduation requirement “create[es] 
classroom environments filled with anxiety and stress,” to the detriment of “excitement 
about learning.” The panelists further testified that the graduation requirement “has 
actively harmed our most marginalized students, especially our students of color, English 
learners, low-income students, and students with disabilities.” Rebecca Pringle, the 
President of the National Education Association, testified that MCAS scores are not an 
accurate, complete, or fair measure of student achievement and measures of achievement 
should focus on holistic approaches to identify students’ strengths and areas for growth. 
Ms. Pringle emphasized that since students are not standardized in their learning styles, 
standardized tests do not provide a full picture of students’ problem-solving abilities and 
ability to think critically. 
Opponents to the Initiative Petition countered the proponents’ testimony by noting that as 
students’ progress through high school and beyond, they will be expected to demonstrate 
their knowledge and skills through a variety of assessments that have consequences. They 
also maintained that elimination of the graduation requirement would lead to more, not 
less, inequity. Jeff Howard, a former member of the state BESE and the founder and 
president of the Efficacy Institute, testified that “proficiency standards are a means for 
promoting social and economic equality. … ‘Demonstrate these proficiencies and you 
will be prepared to meet the challenges of the world’”. He also stated that “the MCAS 
graduation requirement is an introduction to [the] world of certification and 
accountability all our students will enter after high school.” Jill Norton, parent of a 
special needs student and education consultant, spoke in favor of retaining the current 
graduation requirement so that schools would not regress to a time when special needs 
students graduated who could not meet basic standards. 
Conclusion
The Education Reform Act of 1993 established the current system of K-12 education in 
the Commonwealth including the uniform graduation requirement. Prior to the 
implementation of that legislation, Massachusetts had no statewide curriculum standards,  each of the local districts set their own graduation requirements and the quality of K-12 
education varied dramatically from district to district across the state. 
The Act required a significant increase in state funding to local districts to support the 
implementation of the standards as well as the uniform assessment system, the MCAS, 
designed to measure progress toward the goal of improved outcomes for all students. The 
legislature recently substantially increased funding with a more targeted focus on equity 
through the Student Opportunity Act. 
The Initiative Petition eliminates the uniform graduation requirement without creating a 
uniform alternative. Based on the testimony presented, there are significant concerns with 
the lack of a standard, statewide assessment. Both the education leaders and the 
opponents of the Initiative Petition acknowledged the need to make improvements to the 
current system so that students who fail to achieve the minimum level of knowledge and 
skills required to graduate receive the support they need to meet those basic requirements. 
However, simply eliminating the uniform graduation requirement, which will allow 
students to graduate who do not meet basic standards, with no standardized and 
consistent benchmark in place to ensure those standards are met, will not improve student 
outcomes and runs the risk of exacerbating inconsistencies and inequities in instruction 
and learning across districts.
For these reasons, we, the majority of the Special Joint Committee on Initiative Petition, 
recommend that “An Act requiring that districts certify that students have mastered the 
skills, competencies and knowledge of the state standards as a replacement for the MCAS 
graduation requirement” (see House No. 4252), as currently drafted and presented to this 
Committee, OUGHT NOT TO BE ENACTED BY THE LEGISLATURE AT THIS 
TIME.
Senators. 	Representatives.
Cindy F. Friedman       Alice Hanlon Peisch
Paul R. Feeney                  Michael S. Day
Ryan C. Fattman     Kenneth I. Gordon
     David T. Vieira