1 of 2 HOUSE DOCKET, NO. 485 FILED ON: 1/13/2023 HOUSE . . . . . . . . . . . . . . . No. 538 The Commonwealth of Massachusetts _________________ PRESENTED BY: Frank A. Moran and Adam Scanlon _________________ 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 Improve access, opportunity, and capacity in Massachusetts vocational-technical education. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2023Adam Scanlon14th Bristol1/13/2023Marcus S. Vaughn9th Norfolk1/24/2023William M. Straus10th Bristol1/25/2023Michelle L. Ciccolo15th Middlesex1/25/2023Steven Owens29th Middlesex1/25/2023Lindsay N. Sabadosa1st Hampshire1/27/2023David F. DeCoste5th Plymouth1/27/2023Kay Khan11th Middlesex1/27/2023Susannah M. Whipps2nd Franklin1/27/2023James K. Hawkins2nd Bristol1/27/2023Carol A. Doherty3rd Bristol1/31/2023Christopher Hendricks11th Bristol1/31/2023Susan Williams Gifford2nd Plymouth2/1/2023Steven S. Howitt4th Bristol2/1/2023John Barrett, III1st Berkshire2/1/2023Tackey Chan2nd Norfolk2/2/2023 2 of 2 Samantha Montaño15th Suffolk2/2/2023Antonio F. D. Cabral13th Bristol2/2/2023Andres X. Vargas3rd Essex2/2/2023Daniel M. Donahue16th Worcester2/6/2023Alan Silvia7th Bristol2/6/2023Todd M. Smola1st Hampden2/6/2023James J. O'Day14th Worcester2/6/2023Jon Santiago9th Suffolk2/6/2023Paul McMurtry11th Norfolk2/8/2023Patricia A. Duffy5th Hampden2/8/2023Natalie M. Blais1st Franklin2/8/2023Estela A. Reyes4th Essex2/8/2023Carmine Lawrence Gentile13th Middlesex2/8/2023James C. Arena-DeRosa8th Middlesex2/9/2023Hannah Kane11th Worcester2/9/2023Rodney M. Elliott16th Middlesex2/9/2023Margaret R. Scarsdale1st Middlesex2/9/2023Patricia A. Haddad5th Bristol2/9/2023Patrick Joseph Kearney4th Plymouth2/10/2023F. Jay Barrows1st Bristol2/10/2023Kate Donaghue19th Worcester2/14/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023Kip A. Diggs2nd Barnstable2/17/2023Josh S. Cutler6th Plymouth2/21/2023Steven George Xiarhos5th Barnstable2/21/2023Carlos González10th Hampden2/21/2023Tram T. Nguyen18th Essex2/22/2023Brian W. Murray10th Worcester2/22/2023Shirley B. Arriaga8th Hampden2/23/2023Daniel Cahill10th Essex2/27/2023Michael D. BradySecond Plymouth and Norfolk3/1/2023Paul R. FeeneyBristol and Norfolk3/2/2023James B. EldridgeMiddlesex and Worcester3/6/2023Kimberly N. Ferguson1st Worcester3/6/2023 1 of 9 HOUSE DOCKET, NO. 485 FILED ON: 1/13/2023 HOUSE . . . . . . . . . . . . . . . No. 538 By Representatives Moran of Lawrence and Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 538) of Frank A. Moran, Adam Scanlon and others for legislation to provide for a program of capital investments for vocational-technical education programs and regional vocational-technical schools. Education. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to Improve access, opportunity, and capacity in Massachusetts vocational-technical education. 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. To create a new capital infrastructure and investment tool within the 2Massachusetts School Building Authority, established under section 1A of Chapter 70, to 3provide for a program of capital investments for vocational-technical education programs and 4regional vocational-technical schools, as defined in Chapter 74 of the General Laws, for 5investment in equitable access to public education and industry-relevant workforce and 6economic development infrastructure; to support greater access to vocational-technical education 7programs and regional vocational-technical schools as defined in Chapter 74; to fund 8replacement and renovation of school infrastructure to meet workforce demands of regional 9employers and increase equitable access for all students applying to Chapter 74 programs and 10schools; and to support the purchase of critical training equipment for the purposes of teaching 11and learning, the sums set forth in this section, for the purposes and subject to the conditions 2 of 9 12specified in this act, are hereby made available, subject to the laws regulating the disbursement 13of public funds, which sums shall be in addition to any other amounts previously appropriated 14for these purposes; provided, that the amounts specified for a particular project may be adjusted 15in order to facilitate projects authorized in this act. For costs associated with initiatives, projects 16and expenditures to replace or make improvements to the quality, consistency, efficiency and 17delivery of any Chapter 74 program or regional school for the benefit of the public high school 18students in Chapter 74 programs and regional school districts and their preparation for post- 19secondary and career opportunities. 20 ………………………………………………………………………………….………… 21…… 22 $3,000,000,000 23 SECTION 2. Section 10 of Chapter 70B of the General Laws, as appearing in the 2020 24Official Edition, is hereby amended by adding the following new subsection: 25 (d) Notwithstanding any state law, state regulation or agency policy to the contrary, the 26authority shall be authorized and directed to add twenty (20) percentage points to the project 27reimbursement rates for regional vocational-technical high school and county, regional and 28independent agricultural high school construction so that reimbursement rates for such projects 29are not less than 75% nor more than 90% of the eligible costs. Further, the authority shall add 30five (5) percentage points to the reimbursement rate for any project that includes state-approved 31vocational-technical education programs as defined in Chapter 74 of the General Laws aligned 32with priorities specifically identified in the Regional Labor Market Blueprint for the region in 33which the school is located. However, additional percentage points shall not be awarded unless 3 of 9 34the school currently offers five (5) or more Chapter 74 programs. In no case shall the total 35reimbursement for a project exceed 90% of eligible costs. 36 Funds for this Section shall come from revenue generated by the Fair Share Amendment 37passed by voters in November of 2022 and which amended Article XLIV of the Massachusetts 38Constitution. 39 SECTION 3. Section 21C of Chapter 59 of the General Laws, as appearing in the 2020 40Official Edition, is hereby amended by adding after subsection (n) the following new 41subsection:- (o) The local appropriating authority may, by accepting this paragraph, provide that 42taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, 43solely for payment, in whole or in part, of debt service charges incurred for the construction of a 44regional-vocational technical high school that the school board responsible for determining the 45debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local 46taxes. 47 SECTION 4. Chapter 69 of the Massachusetts General Laws is hereby amended by 48adding the following section:- 49 Section 37. For the purposes of sections 38 through 42, inclusive, the following terms 50 shall have the following meanings, unless the context clearly requires otherwise:- 51 “Office”, shall mean the office of vocational-technical education. 52 “District of residence”, shall mean the school district of the city or town where a student 53resides. 4 of 9 54 “School of residence”, shall mean the middle school or junior high school a student 55attends within their district of residence. 56 Section 38. (a) There is hereby established within the department of elementary and 57secondary education an office of vocational-technical education whose purpose is to develop and 58implement policies and promulgate regulations to promote, enhance, and expand vocational- 59technical education programs, as defined in Chapter 74 of the General Laws, in the 60commonwealth. 61 (b) The office shall: 62 (i) oversee all Chapter 74 approved programs and ensure compliance with M.G.L. 63Chapter 74 and related regulations; 64 (ii) establish a statewide marketing campaign to promote the success of vocational- 65technical education and careers in Massachusetts and to raise the level of awareness and 66understanding of such education among parents, students, businesses, labor unions, and the 67general public; 68 (iii) work to increase awareness of vocational-technical education and career 69opportunities among students in elementary schools, junior high schools, and middle schools; 70 (iv) ensure that schools offering Chapter 74 programs are provided reasonable access 71during the school day at schools of residence to meet with all students and distribute information 72about vocational-technical education and careers to said students, including English language 73learners, students with disabilities, students of color, and other student populations, to ensure that 74such information is provided equitably to all learners; 5 of 9 75 (v) ensure that schools offering Chapter 74 programs are given the opportunity during the 76school day to host middle school tours, with transportation costs paid by the school hosting the 77tour, for all middle school students in member communities, including English language 78learners, students with disabilities, students of color, and other student populations to ensure that 79such opportunities are provided equitably to all learners; and further ensure that the school of 80residence may not count middle school student tours of vocational schools or programs during 81the school day as unexcused absences if the vocational school or program confirms the student's 82participation, and may not unreasonably withhold student access to tours of vocational schools 83and programs during the school day. 84 85 (vi) require that schools offering Chapter 74 programs are given the opportunity to 86provide middle and junior high school students with information about vocational-technical 87programs and careers through mail and email. 88 (vii) require all middle schools and junior high schools in member communities to 89establish and implement a Chapter 74 Access Policy, in accordance with state requirements 90promoting equitable access to Chapter 74 programs, outlining specific ways in which the middle 91schools will collaborate with regional vocational-technical high schools and agricultural high 92schools to: 93 provide staff members from Chapter 74 schools with direct school day access to all 94middle school students, to inform them about opportunities in vocational-technical and 95agricultural education and to distribute materials about such opportunities to them; 6 of 9 96 provide all middle school students an opportunity to tour, during regular middle school 97hours, the regional vocational-technical high school and/or county agricultural school of which 98the middle school’s city or town is a member, with the transportation costs of all such tours being 99borne by the school hosting the tours; 100 provide contact information for all seventh-grade and eighth-grade middle school 101students, including a student’s name and mailing address, a student’s personal email address, and 102the parent’s/guardian’s email address by October 15 of each school year; 103 (viii) establish, in addition to the minimum requirements outlined in the preceding 104subsections, such additional requirements for Chapter 74 Access Policies as the office deems 105reasonable and necessary to promote equitable access by all students to information about 106vocational-technical and agricultural education; 107 (ix) require all sending school districts which are members of a regional-vocational 108school district or whose community is located in the county or district of an agricultural high 109school to: 110 submit the Chapter 74 Access Policy annually to the office; 111 annually attest in writing that the Chapter 74 Access Policy is being implemented 112equitably and that all students are being provided with information, access, and tours in 113accordance with this section and with federal and state civil rights laws, regulations, and policies; 114 post the Chapter 74 Access Policy on its district website and provide written copies to 115students and parents, upon request; 116 (x) create a mechanism to enforce timely implementation of Chapter 74 Access Policies; 7 of 9 117 (xi) establish a system to ensure that students who live in communities that are not 118members of or affiliated with a regional vocational-technical high school district or agricultural 119high school annually are provided with information about their high school options, including 120their option to seek an education in a vocational-technical or agricultural high school; 121 (xii) support the attainment of Industry Recognized Credentials in Chapter 74 programs; 122 (xiii) support the use of both longitudinal and pre- and post-student assessment as a 123means of obtaining meaningful data for curricular improvement. Data may be utilized for 124facilities improvement, equipment investments, mission success, and professional development; 125 (xiv) encourage and work to increase the use of articulation agreements with community 126colleges and public universities and other dual credit programs to allow vocational-technical 127students to earn credit leading to an associate’s or bachelor’s degree; 128 (xv) provide technical support to schools seeking to offer Chapter 74 programs that meet 129regional labor market demands and do not duplicate existing programs in the region; 130 (xvi) support the continuation of state grant programs that provide funding for equipment 131purchases and facility expansion; and 132 (xvii) support the continuation of demonstration programs that provide opportunities in 133vocational-technical education for students unable to secure a seat in an approved Chapter 74 134program due to lack of enrollment capacity. 135 SECTION 5. Section 3A of Chapter 70B of the General Laws, as appearing in the 2020 136Official Edition, is hereby amended by striking the number “17” and inserting “19” in place 137thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the 8 of 9 138following:- “,Massachusetts Association of Vocational Administrators, Inc., Alliance for 139Vocational Technical Education,” 140 SECTION 6. Chapter 70 of the General Laws is hereby amended by inserting the 141following new section: -- 142 Section 10A. Expansion Grants for Regional Vocational-Technical Schools 143 (a) In addition to the funding otherwise provided pursuant to this chapter, any regional or 144county vocational or agricultural school shall, subject to appropriation, receive a one-year 145expansion grant in any fiscal year in which its foundation enrollment increases by more than two 146percent over its foundation enrollment for the previous fiscal year. 147 (b) The amount of said expansion grant shall be calculated by multiplying the number of 148additional students in its foundation enrollment, over its foundation enrollment for the previous 149fiscal year, by its per-student foundation budget amount. The per-student foundation budget 150amount shall be calculated by dividing the district’s foundation budget amount for the current 151year by its foundation enrollment for the prior fiscal year. 152 (c) The department shall annually solicit information from all regional and county 153vocational and agricultural schools as needed to estimate the amounts required to fund expansion 154grants in the coming fiscal year for all such schools, and the department shall request 155appropriation of the amount required to fully fund such expansion grants. 156 (d) If the amount appropriated for expansion grants in a fiscal year is less than the amount 157required to fully fund such grants, then each eligible regional or county vocational or agricultural 158school shall receive a share of the appropriated funds proportional to the share that its expansion 9 of 9 159grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants 160for all schools, pursuant to said subsection. 161 SECTION 7. Notwithstanding any general or special law to the contrary, to meet the 162expenditures necessary in carrying out section 1, the state treasurer shall, upon receipt of a 163request by the governor, issue and sell bonds of the Commonwealth in an amount to be specified 164by the governor from time to time but not exceeding, in the aggregate, $3,000,000,000. All 165bonds issued by the commonwealth, as aforesaid, shall be designated on their face 166Commonwealth Vocational-Technical Education Expansion Act of 2023, and shall be issued for 167a maximum term of years, not exceeding 30 years, as the governor may recommend to the 168general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; 169provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest 170and payments on account of principal on such obligations shall be payable from the General 171Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding 172any other provision of this act, be general obligations of the Commonwealth.