| 1 | 1 | | 1 of 2 |
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| 2 | 2 | | HOUSE DOCKET, NO. 3162 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 495 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | James K. Hawkins and Samantha Montaño |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act empowering students and schools to thrive. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/20/2023Samantha Montaño15th Suffolk1/20/2023David Henry Argosky LeBoeuf17th Worcester1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Rodney M. Elliott16th Middlesex1/26/2023James C. Arena-DeRosa8th Middlesex1/26/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Patricia A. Duffy5th Hampden1/26/2023Brian W. Murray10th Worcester1/26/2023Christine P. Barber34th Middlesex1/26/2023Carmine Lawrence Gentile13th Middlesex1/28/2023Ryan M. Hamilton15th Essex1/30/2023Erika Uyterhoeven27th Middlesex2/1/2023Vanna Howard17th Middlesex2/1/2023Tackey Chan2nd Norfolk2/1/2023Steven Owens29th Middlesex2/2/2023Paul McMurtry11th Norfolk2/2/2023Mike Connolly26th Middlesex2/2/2023 2 of 2 |
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| 16 | 16 | | Carlos González10th Hampden2/2/2023Carol A. Doherty3rd Bristol2/2/2023Margaret R. Scarsdale1st Middlesex2/3/2023Peter Capano11th Essex2/6/2023William C. Galvin6th Norfolk2/6/2023Jon Santiago9th Suffolk2/6/2023Mary S. Keefe15th Worcester2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/8/2023Michael D. BradySecond Plymouth and Norfolk2/8/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Adrian C. Madaro1st Suffolk2/8/2023Natalie M. Blais1st Franklin2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023James B. EldridgeMiddlesex and Worcester2/13/2023Smitty Pignatelli3rd Berkshire2/14/2023Natalie M. Higgins4th Worcester2/14/2023Denise C. Garlick13th Norfolk2/15/2023Alan Silvia7th Bristol2/17/2023James J. O'Day14th Worcester2/21/2023Tram T. Nguyen18th Essex2/22/2023Christopher Richard Flanagan1st Barnstable2/23/2023Kate Donaghue19th Worcester2/27/2023Josh S. Cutler6th Plymouth2/27/2023Kathleen R. LaNatra12th Plymouth2/27/2023Joan Meschino3rd Plymouth2/27/2023Patrick Joseph Kearney4th Plymouth2/28/2023Angelo J. Puppolo, Jr.12th Hampden3/1/2023Adam Scanlon14th Bristol3/2/2023Michelle L. Ciccolo15th Middlesex3/2/2023Aaron L. Saunders7th Hampden3/3/2023Michael P. Kushmerek3rd Worcester3/6/2023Antonio F. D. Cabral13th Bristol3/8/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/9/2023Lydia EdwardsThird Suffolk3/9/2023 1 of 9 |
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| 17 | 17 | | HOUSE DOCKET, NO. 3162 FILED ON: 1/20/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 495 |
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| 19 | 19 | | By Representatives Hawkins of Attleboro and Montaño of Boston, a petition (accompanied by |
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| 20 | 20 | | bill, House, No. 495) of James K. Hawkins, Samantha Montaño and others relative to the |
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| 21 | 21 | | comprehensive support and improvement of schools. Education. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act empowering students and schools to thrive. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 1D of chapter 69 of the General Laws is hereby amended by |
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| 31 | 31 | | 2striking out subsection (i), as appearing in the XXXX Official Edition, and inserting in place |
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| 32 | 32 | | 3thereof the following subsection:- |
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| 33 | 33 | | 4 (i) The ''competency determination'' shall be based on the academic standards and |
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| 34 | 34 | | 5curriculum frameworks for tenth graders in the areas of mathematics, science and technology, |
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| 35 | 35 | | 6and English, and shall represent a determination that a particular student has demonstrated |
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| 36 | 36 | | 7mastery of a common core of skills, competencies and knowledge in these areas by satisfactorily |
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| 37 | 37 | | 8completing coursework that has been certified by the student’s district as showing mastery of |
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| 38 | 38 | | 9such skills, competencies and knowledge. A district also may include history and social science |
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| 39 | 39 | | 10and foreign languages in the requirements. Satisfaction of the requirements of the competency |
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| 40 | 40 | | 11determination shall be a condition for high school graduation. Students who fail to satisfy the |
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| 41 | 41 | | 12requirements of the competency determination or are determined by the district to be at risk of 2 of 9 |
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| 42 | 42 | | 13not satisfying such requirements shall be eligible to receive an educational assistance plan |
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| 43 | 43 | | 14designed within the confines of the foundation budget to impart the skills, competencies and |
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| 44 | 44 | | 15knowledge required to attain the required level of mastery. The parent, guardian or person acting |
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| 45 | 45 | | 16as parent of the student shall have the opportunity to review the educational assistance plan with |
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| 46 | 46 | | 17representatives of the school district. Nothing in this section shall be construed to provide a |
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| 47 | 47 | | 18parent, guardian, person acting as a parent or student with an entitlement to contest the proposed |
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| 48 | 48 | | 19plan or with a cause of action for educational malpractice if the student fails to obtain a |
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| 49 | 49 | | 20competency determination. |
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| 50 | 50 | | 21 SECTION 2. Said chapter 69 is hereby further amended by striking out sections 1J and |
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| 51 | 51 | | 221K, as so appearing, and inserting in place thereof the following section:- |
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| 52 | 52 | | 23 |
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| 53 | 53 | | 24 Section 1J. (a) The commissioner of elementary and secondary education shall identify |
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| 54 | 54 | | 25schools for comprehensive support and improvement using a formula developed by the |
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| 55 | 55 | | 26department that complies with the criteria and processes in federal education law; provided that, |
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| 56 | 56 | | 27under this formula, student growth shall be given at least as much weight as student |
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| 57 | 57 | | 28achievement, and provided further that no more than five per cent of all schools statewide shall |
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| 58 | 58 | | 29be designated as comprehensive support and improvement schools at one time. |
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| 59 | 59 | | 30 |
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| 60 | 60 | | 31 (b) Within 30 days of a school being designated as in need of comprehensive support and |
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| 61 | 61 | | 32improvement, the superintendent of the district shall convene a local stakeholder group of not |
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| 62 | 62 | | 33more than 11 individuals to develop a support and improvement plan for the school. The district |
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| 63 | 63 | | 34should strive to have the group membership represent the racial-ethnic and language diversity of 3 of 9 |
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| 64 | 64 | | 35the school. The group shall include: (1) the superintendent, or a designee; (2) a representative |
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| 65 | 65 | | 36from the school committee selected by a majority of school committee members; (3) the |
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| 66 | 66 | | 37president of the local teachers union, or a designee; (4) an administrator from the school, who |
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| 67 | 67 | | 38may be the principal, chosen by the superintendent; (5) two educators (who could be teachers or |
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| 68 | 68 | | 39education support professionals) from the school, chosen by the school’s educators; (6) a parent |
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| 69 | 69 | | 40from the school, chosen by the local parent organization, provided that if the school or district |
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| 70 | 70 | | 41does not have a parent organization or if the organization does not select a parent, the |
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| 71 | 71 | | 42superintendent shall select a volunteer parent of a student from the school; (7) for high schools, a |
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| 72 | 72 | | 43student selected by the students at the school, and for other schools, an individual selected by the |
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| 73 | 73 | | 44superintendent who brings the appropriate grade-level perspective to the group (e.g., a |
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| 74 | 74 | | 45representative from the early childhood or pre-kindergarten sector for an elementary school); (8) |
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| 75 | 75 | | 46an educator or representative from the social services sector with expertise in students’ mental |
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| 76 | 76 | | 47health and social-emotional development, selected jointly by the group; (9) a member |
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| 77 | 77 | | 48representing a community organization, selected jointly by the group; and 10) an individual who |
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| 78 | 78 | | 49has specialized expertise in one or more of the evidence-based programs listed in subsection (c), |
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| 79 | 79 | | 50selected jointly by the group. |
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| 80 | 80 | | 51 (c) The local stakeholder group shall develop a support and improvement plan for the |
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| 81 | 81 | | 52school, consistent with federal and state law, a final draft of which shall be submitted to the |
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| 82 | 82 | | 53school committee within 45 days of its first meeting. Consistent with guidelines developed by |
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| 83 | 83 | | 54the department, the group shall: (i) research, identify and analyze the root causes of the school’s |
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| 84 | 84 | | 55challenges; (ii) examine the adequacy of resources and equity in the distribution of those |
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| 85 | 85 | | 56resources, including an assessment of the physical condition of the school building; and (iii) |
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| 86 | 86 | | 57identify and catalog the school’s strengths and assets. The final draft plan submitted to the school 4 of 9 |
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| 87 | 87 | | 58committee shall include a guiding vision of learning for the school; goals and objectives; and a |
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| 88 | 88 | | 59description of the evidence-based programs, supports and interventions that the district shall |
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| 89 | 89 | | 60employ to address the root causes of the school’s challenges and capitalize on assets consistent |
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| 90 | 90 | | 61with the guiding vision. Such evidence-based programs, supports and interventions may include: |
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| 91 | 91 | | 62(1) reduced class sizes and student caseloads; (2) small-group instruction and/or one-on-one |
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| 92 | 92 | | 63tutoring; (3) increased opportunity for common planning time for teachers; (4) implementation of |
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| 93 | 93 | | 64a “Community Schools” or “Hub School” model or other strategies for expanding social and |
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| 94 | 94 | | 65wraparound services to support students’ social-emotional and physical health; (5) additional |
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| 95 | 95 | | 66hiring, increased compensation, and/or strategic deployment of school personnel (e.g, co- |
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| 96 | 96 | | 67teaching to facilitate inclusion) to support student learning and to retain highly qualified staff; (6) |
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| 97 | 97 | | 68increased or improved professional development, which may include mentoring and induction |
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| 98 | 98 | | 69programs for new teachers, as well as training in trauma-informed and anti-racist best practices |
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| 99 | 99 | | 70that are designed to limit school exclusion and maximize student engagement; (7) the use of |
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| 100 | 100 | | 71effective curriculum materials that are culturally responsive and aligned with the statewide |
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| 101 | 101 | | 72curriculum frameworks; (8) expanded early education and pre-kindergarten programming within |
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| 102 | 102 | | 73the district in consultation or in partnership with community-based organizations; (9) |
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| 103 | 103 | | 74diversifying the educator and administrator workforce; (10) developing additional pathways to |
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| 104 | 104 | | 75strengthen college and career readiness; and (11) any other program determined to be evidence- |
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| 105 | 105 | | 76based by the group that addresses root causes of challenges identified in its analysis. |
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| 106 | 106 | | 77 (d) The local stakeholder group shall make every effort to reach consensus on the final |
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| 107 | 107 | | 78draft plan and shall submit it to the school committee for review and approval. If consensus |
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| 108 | 108 | | 79cannot be reached, a majority of the group shall submit its final draft plan to the school |
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| 109 | 109 | | 80committee for review and approval. Dissenting members of the group may submit an alternative 5 of 9 |
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| 110 | 110 | | 81final draft plan to the school committee for consideration, clearly indicating the areas of dissent. |
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| 111 | 111 | | 82Upon receipt of the final draft plan or plans, the school committee shall hold at least one public |
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| 112 | 112 | | 83hearing, giving at least 30 days’ public notice. The school committee may make modifications to |
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| 113 | 113 | | 84the final draft plan as necessary, consistent with federal and state law, and shall vote on the final |
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| 114 | 114 | | 85draft plan within 30 days of the hearing. The final plan shall be shared publicly and filed with the |
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| 115 | 115 | | 86commissioner. After confirming that the requirements of subsections (b) through (d) were |
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| 116 | 116 | | 87complied with, the commissioner shall approve the final plan. |
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| 117 | 117 | | 88 |
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| 118 | 118 | | 89 (e) The department shall prioritize comprehensive support and improvement schools for |
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| 119 | 119 | | 90additional funding above and beyond chapter 70 allocations to support the evidence-based |
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| 120 | 120 | | 91programs identified in the final approved plan. Before the local stakeholder group commences its |
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| 121 | 121 | | 92work, the department shall provide the group with an estimate of future Chapter 70 aid for the |
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| 122 | 122 | | 93district and available funds in excess of Chapter 70 aid for the school that shall support the final |
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| 123 | 123 | | 94approved plan. |
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| 124 | 124 | | 95 |
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| 125 | 125 | | 96 (f) The support and improvement plan shall be in effect for not more than four years, and |
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| 126 | 126 | | 97shall be reviewed annually by the superintendent pursuant to guidelines developed by the |
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| 127 | 127 | | 98department. Such progress reviews shall be shared publicly and filed with the commissioner, |
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| 128 | 128 | | 99who may comment on the reviews. |
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| 129 | 129 | | 100 6 of 9 |
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| 130 | 130 | | 101 (g) The department shall establish exit criteria for schools in need of comprehensive |
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| 131 | 131 | | 102support and improvement using a formula that complies with federal education law. Upon |
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| 132 | 132 | | 103expiration of the final approved plan, the commissioner shall review the school’s progress and |
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| 133 | 133 | | 104determine, based solely on the exit criteria established by the department, whether: (1) the school |
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| 134 | 134 | | 105is exited from comprehensive support and improvement status; or (2) the status and plan shall |
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| 135 | 135 | | 106continue for up to four additional years. If the commissioner determines that the status and plan |
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| 136 | 136 | | 107shall continue, the local stakeholder group shall be reconvened to revise the final approved plan, |
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| 137 | 137 | | 108consistent with subsections (b) through (d) and subject to approval by the commissioner. If not |
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| 138 | 138 | | 109approved, the commissioner shall return the plan to the group with a directive to add specific |
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| 139 | 139 | | 110evidence-based programs, supports and interventions listed in (1) through (10) of subsection (c). |
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| 140 | 140 | | 111Within 30 days, the group shall submit the plan to the school committee for review and approval. |
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| 141 | 141 | | 112Within 30 days of receipt of the plan from the group, the school committee shall submit the final |
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| 142 | 142 | | 113plan to the commissioner. |
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| 143 | 143 | | 114 (h) Upon the expiration of any continued or revised plan, the process in subsection (g) |
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| 144 | 144 | | 115shall be replicated. |
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| 145 | 145 | | 116 |
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| 146 | 146 | | 117 (i) The board shall adopt regulations to implement this section, including provisions that |
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| 147 | 147 | | 118allow features of a support and improvement plan to continue for up to two years after a school is |
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| 148 | 148 | | 119exited from comprehensive support and improvement status. The department shall also make |
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| 149 | 149 | | 120every effort to continue additional funding during any transitional period. |
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| 150 | 150 | | 121 SECTION 3. The school committee of any district in receivership shall develop a |
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| 151 | 151 | | 122transition plan for ending the receivership and hiring a superintendent. The transition plan shall 7 of 9 |
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| 152 | 152 | | 123be implemented and the receivership shall end within 1 year of the effective date of this Act. The |
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| 153 | 153 | | 124department shall provide the school committee with the necessary funding and technical |
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| 154 | 154 | | 125assistance to develop and implement the transition plan. |
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| 155 | 155 | | 126 SECTION 4. (a) There shall be a special commission to study and make |
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| 156 | 156 | | 127recommendations for a more authentic and accurate system for assessing students, schools and |
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| 157 | 157 | | 128school districts. The commission shall examine: (i) the requirements of the Every Student |
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| 158 | 158 | | 129Succeeds Act of 2015, codified at 20 U.S.C. § 6301 et. seq., and potential waivers; (ii) |
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| 159 | 159 | | 130alternative assessment and accountability systems in place or being considered nationwide; and |
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| 160 | 160 | | 131research data on the knowledge and skills that parents, elementary and secondary educators, |
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| 161 | 161 | | 132higher education educators, and business leaders want students to have upon high school |
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| 162 | 162 | | 133graduation. |
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| 163 | 163 | | 134 Regarding the assessment of students, the special commission shall consider assessments |
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| 164 | 164 | | 135other than conventional methods, including, but not limited to: work samples, projects and |
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| 165 | 165 | | 136portfolios, performance assessments and other authentic and direct gauges of student |
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| 166 | 166 | | 137performance that encourage effective instruction, use strategies for avoiding racial and ethnic |
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| 167 | 167 | | 138biases, and recognize the strengths of all students. |
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| 168 | 168 | | 139 Regarding the assessment of schools and districts, the special commission shall consider |
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| 169 | 169 | | 140the inclusion of a broader range of measures, beyond standardized test scores, that align with |
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| 170 | 170 | | 141public values and are less tied to student demography. The commission shall also research best |
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| 171 | 171 | | 142practices for facilitating stakeholder-driven improvement processes in schools identified under |
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| 172 | 172 | | 143federal law as needing comprehensive support, such as the creation of community schools. 8 of 9 |
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| 173 | 173 | | 144 The commission shall recommend strategies for assessing students, schools and districts |
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| 174 | 174 | | 145that comply with current federal law. The commission also may make recommendations for |
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| 175 | 175 | | 146changes in or waivers from federal law that would facilitate the implementation of effective |
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| 176 | 176 | | 147assessment strategies. |
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| 177 | 177 | | 148 (b) The commission shall consist of: 1 member who shall be appointed by the president |
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| 178 | 178 | | 149of the senate, who shall serve as co-chair; 1 member who shall be appointed by the speaker of |
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| 179 | 179 | | 150the house of representatives, who shall serve as co-chair; 1 member who shall be appointed by |
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| 180 | 180 | | 151the minority leader of the senate; 1 member who shall be appointed by the minority leader of the |
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| 181 | 181 | | 152house of representatives; the secretary of education, or a designee; the commissioner of |
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| 182 | 182 | | 153elementary and secondary education, or a designee; 1 member who shall be appointed by the |
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| 183 | 183 | | 154Massachusetts Association of School Committees, Inc.; 1 member who shall be appointed by the |
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| 184 | 184 | | 155Massachusetts Teachers Association; 1 member who shall be appointed by the American |
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| 185 | 185 | | 156Federation of Teachers, Massachusetts; 1 member who shall be appointed by the Massachusetts |
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| 186 | 186 | | 157Association of School Superintendents, Inc.; 1 member who shall be appointed by the |
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| 187 | 187 | | 158Massachusetts Education Justice Alliance (MEJA); 1 member who shall be appointed by the |
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| 188 | 188 | | 159NAACP; 1 member who shall be appointed by the Massachusetts Immigrant and Refugee |
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| 189 | 189 | | 160Advocacy (MIRA) Coalition; 1 member who shall be appointed by Multicultural Education, |
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| 190 | 190 | | 161Training, and Advocacy, Inc; 1 member who shall be appointed by the Massachusetts |
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| 191 | 191 | | 162Consortium for Innovative Education Assessment; 1 member who shall be appointed by the |
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| 192 | 192 | | 163Black Educators Alliance of Massachusetts; 1 member who shall be appointed by the |
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| 193 | 193 | | 164Massachusetts Asian American Educators Association; 1 member who shall be appointed by the |
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| 194 | 194 | | 165Gaston Institute for Latino Community Development and Public Policy of the University of |
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| 195 | 195 | | 166Massachusetts Boston; 1 member who shall be appointed by the Massachusetts Advocates for 9 of 9 |
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| 196 | 196 | | 167Children; 1 member who shall be appointed by the Center for Law and Education; 1 member |
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| 197 | 197 | | 168who shall be appointed by the Center for Antiracist Research at Boston University; 1 of whom |
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| 198 | 198 | | 169shall be the student representative on the State Board of Education, or a designee; 1 of whom |
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| 199 | 199 | | 170shall be the parent representative on the State Board of Education, or a designee; 1 member who |
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| 200 | 200 | | 171shall be appointed by the Rural Policy Advisory Commission; 1 member who shall be appointed |
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| 201 | 201 | | 172by GLSEN Massachusetts; and 1 member who shall be a researcher from a public university |
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| 202 | 202 | | 173with expertise in the area of assessment, selected jointly by the members of the commission. |
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| 203 | 203 | | 174Members shall not receive compensation for their services but may receive reimbursement for |
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| 204 | 204 | | 175reasonable expenses incurred in carrying out their responsibilities as members of the |
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| 205 | 205 | | 176commission. The commissioner of elementary and secondary education shall furnish reasonable |
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| 206 | 206 | | 177staff and other support for the work of the commission. |
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| 207 | 207 | | 178 (c) The commission shall hold not less than 5 public meetings across the regions of the |
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| 208 | 208 | | 179commonwealth and may hold additional hearings and other forums as necessary. The |
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| 209 | 209 | | 180commission shall file its report and recommendations with the clerks of the senate and the house |
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| 210 | 210 | | 181of representatives, the chairs of the joint committee on education and the rural policy advisory |
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| 211 | 211 | | 182commission not later than August 31, 2024. |
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| 212 | 212 | | 183 |
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