Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H515 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. 2781 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 515
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mary S. Keefe
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 educational rights are upheld for incarcerated youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/19/2023Mindy Domb3rd Hampshire1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Steven Ultrino33rd Middlesex1/25/2023Russell E. Holmes6th Suffolk1/27/2023Margaret R. Scarsdale1st Middlesex1/30/2023Kay Khan11th Middlesex2/1/2023Priscila S. Sousa6th Middlesex2/14/2023James B. EldridgeMiddlesex and Worcester2/23/2023Samantha Montaño15th Suffolk2/27/2023James C. Arena-DeRosa8th Middlesex3/7/2023Antonio F. D. Cabral13th Bristol3/8/2023 1 of 5
16	16	HOUSE DOCKET, NO. 2781 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 515
18	18	By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 515) of
19	19	Lindsay N. Sabadosa and others relative to educational rights for incarcerated youth. Education.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act to ensure educational rights are upheld for incarcerated youth.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 39 of chapter 15A of the General Laws, as appearing in the 2020
29	29	2Official Edition, is hereby amended by striking the first sentence and inserting in place thereof
30	30	3the following: -
31	31	4 A qualified student enrolled in a public secondary school, including school-age children
32	32	5in the care or custody of the department of youth services, county houses of corrections or the
33	33	6department of correction, may enroll as a student in Massachusetts public institutions of higher
34	34	7education.
35	35	8 SECTION 2. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition,
36	36	9is hereby amended by inserting after section 6A the following section:-
37	37	10 Section 6B. All public secondary schools shall credit coursework completed by students
38	38	11in institutional settings, including the county houses of correction, the department of correction,
39	39	12the department of mental health, the department of public health, and the department of youth 2 of 5
40	40	13services toward the public school’s graduation requirements and shall list said coursework on the
41	41	14student’s transcript.
42	42	15 SECTION 3 . Section 11A of chapter 71B of the General Laws, as appearing in the 2020
43	43	16Official Edition, is hereby amended by striking out the first sentence and inserting in place
44	44	17thereof the following paragraph:-
45	45	18 Upon a student’s entry into custody in a jail or correctional facility, the facility will
46	46	19promptly conduct appropriate intake procedures to determine if the student was previously
47	47	20identified as being in need of special education and promptly report this information, as well as
48	48	21any perception that the student, though not identified previously, may be in need of special
49	49	22education to the department of elementary and secondary education. The department shall
50	50	23directly provide special education to school-aged children with a disability in the care and
51	51	24custody of state correctional facilities as defined by section 1 of chapter 125.
52	52	25 SECTION 4 . Section 1 of chapter 124 of the General Laws, as appearing in the 2020
53	53	26Official Edition, is hereby amended by adding the following subsection:-
54	54	27 (v) in accordance with clause (q), the commissioner shall, as part of making and
55	55	28promulgating rules and regulations regarding education, training, and employment, require that
56	56	29all individuals who have not attained their 22nd birthday housed at a county house of corrections
57	57	30or state correctional facility, regardless of classification, disciplinary, or housing status, be
58	58	31provided with opportunities to: receive credit toward high school graduation; graduate from high
59	59	32school; pursue and receive credit for higher education; and receive vocational training. The rules
60	60	33and regulations shall require that educational opportunities be offered for a minimum of 6 hours
61	61	34of classroom instruction every weekday, 12 months per year; and pursue, as far as practicable, 3 of 5
62	62	35college-level courses or appropriate vocational education and training. Education for special
63	63	36education students shall be delivered in accordance with established individual education plans
64	64	37or newly established plans where no previous plan exists. New or prior individualized education
65	65	38plans may be reasonably modified, or newly written, to accommodate limitations imposed by the
66	66	39correctional environment, so long as such modifications or new plans do not preclude the
67	67	40delivery of a free appropriate public education or impede progress toward a high school
68	68	41graduation.
69	69	42 Interpretation and translation services will be provided to English Language Learner
70	70	43students, including but not limited to those with disabilities, to ensure meaningful access to the
71	71	44special education process, which shall include interpretation services at IEP and Section 504
72	72	45meetings and translated Section 504 plans and IEPs, assessments conducted by or at the request
73	73	46of the facility or its medical service providers as part of an initial evaluation or reevaluation to
74	74	47determine eligibility for special education and related services, and due process rights notices in
75	75	48accordance with Title VI of the Civil Rights Act of 1964 and the Equal Educational
76	76	49Opportunities Act of 1974.
77	77	50 SECTION 5. Section 2 of said chapter 124, as so appearing, is hereby amended by
78	78	51striking the last paragraph and inserting in place thereof the following paragraphs:-
79	79	52 Subject to the supervision and control of the commissioner, the deputy commissioner for
80	80	53educational services shall, in consultation with the department of elementary and secondary
81	81	54education, establish and maintain standards for all teaching positions in the jurisdiction of the
82	82	55department and shall review the qualifications and performances of all teaching personnel in the
83	83	56department. 4 of 5
84	84	57 Each of the said deputy commissioners shall perform such other duties as may be
85	85	58assigned to him from time to time by the commissioner.
86	86	59 SECTION 6. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
87	87	60is hereby amended by inserting after section 32A the following section:-
88	88	61 Section 32B. Any person who has attained the age of criminal majority but has not yet
89	89	62attained the age of 26 in jails or correctional facilities shall be treated as needing aid,
90	90	63encouragement, and guidance, consistent with the goal of positive youth development to assume
91	91	64the responsibilities and exercise the rights of a citizen of the commonwealth.
92	92	65 SECTION 7: Section 39 of said chapter 127, as so appearing, is hereby amended by
93	93	66inserting in paragraph (b) after the word "population," in line 31, the following words:-
94	94	67 including the right to special education services
95	95	68 SECTION 8. Section 48 of said chapter 127, as so appearing, is hereby amended by
96	96	69striking the last paragraph of said section and inserting in place thereof:-
97	97	70 The commissioner shall make and promulgate rules and regulations governing programs
98	98	71established under this section which shall include provisions for hours, conditions of
99	99	72employment, wage rates for employment program participants, incentive payments for education
100	100	73and training program participants, provision of good time for participation in education programs
101	101	74at the highest level as awarded by the institution for any activity in the institution, and deductions
102	102	75from said wages pursuant to the provisions of section 86 F.
103	103	76 SECTION 9. Section 49A of said chapter 127, as so appearing, is hereby amended by
104	104	77inserting after the third paragraph the following paragraph:- 5 of 5
105	105	78 Consistent with the foregoing, all individuals who have not attained their 22nd birthday
106	106	79housed at a county house of corrections or state correctional facility, regardless of disciplinary
107	107	80classification or housing status, shall be provided with a minimum of 6 hours of classroom
108	108	81instruction and educational opportunities on every weekday, 12 months per year to: receive
109	109	82credit toward high school graduation; graduate from high school; receive special education
110	110	83services for those who are eligible; pursue and receive credit for higher education; and receive
111	111	84vocational training.