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