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