Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H538 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 485 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 538
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Frank A. Moran and Adam Scanlon
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 Improve access, opportunity, and capacity in Massachusetts vocational-technical
13	13	education.
14	14	_______________
15	15	PETITION OF:
16	16	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
17	17	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
18	18	HOUSE DOCKET, NO. 485 FILED ON: 1/13/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 538
20	20	By Representatives Moran of Lawrence and Scanlon of North Attleborough, a petition
21	21	(accompanied by bill, House, No. 538) of Frank A. Moran, Adam Scanlon and others for
22	22	legislation to provide for a program of capital investments for vocational-technical education
23	23	programs and regional vocational-technical schools. Education.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to Improve access, opportunity, and capacity in Massachusetts vocational-technical
30	30	education.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. To create a new capital infrastructure and investment tool within the
34	34	2Massachusetts School Building Authority, established under section 1A of Chapter 70, to
35	35	3provide for a program of capital investments for vocational-technical education programs and
36	36	4regional vocational-technical schools, as defined in Chapter 74 of the General Laws, for
37	37	5investment in equitable access to public education and industry-relevant workforce and
38	38	6economic development infrastructure; to support greater access to vocational-technical education
39	39	7programs and regional vocational-technical schools as defined in Chapter 74; to fund
40	40	8replacement and renovation of school infrastructure to meet workforce demands of regional
41	41	9employers and increase equitable access for all students applying to Chapter 74 programs and
42	42	10schools; and to support the purchase of critical training equipment for the purposes of teaching
43	43	11and learning, the sums set forth in this section, for the purposes and subject to the conditions 2 of 9
44	44	12specified in this act, are hereby made available, subject to the laws regulating the disbursement
45	45	13of public funds, which sums shall be in addition to any other amounts previously appropriated
46	46	14for these purposes; provided, that the amounts specified for a particular project may be adjusted
47	47	15in order to facilitate projects authorized in this act. For costs associated with initiatives, projects
48	48	16and expenditures to replace or make improvements to the quality, consistency, efficiency and
49	49	17delivery of any Chapter 74 program or regional school for the benefit of the public high school
50	50	18students in Chapter 74 programs and regional school districts and their preparation for post-
51	51	19secondary and career opportunities.
52	52	20 ………………………………………………………………………………….…………
53	53	21……
54	54	22 $3,000,000,000
55	55	23 SECTION 2. Section 10 of Chapter 70B of the General Laws, as appearing in the 2020
56	56	24Official Edition, is hereby amended by adding the following new subsection:
57	57	25 (d) Notwithstanding any state law, state regulation or agency policy to the contrary, the
58	58	26authority shall be authorized and directed to add twenty (20) percentage points to the project
59	59	27reimbursement rates for regional vocational-technical high school and county, regional and
60	60	28independent agricultural high school construction so that reimbursement rates for such projects
61	61	29are not less than 75% nor more than 90% of the eligible costs. Further, the authority shall add
62	62	30five (5) percentage points to the reimbursement rate for any project that includes state-approved
63	63	31vocational-technical education programs as defined in Chapter 74 of the General Laws aligned
64	64	32with priorities specifically identified in the Regional Labor Market Blueprint for the region in
65	65	33which the school is located. However, additional percentage points shall not be awarded unless 3 of 9
66	66	34the school currently offers five (5) or more Chapter 74 programs. In no case shall the total
67	67	35reimbursement for a project exceed 90% of eligible costs.
68	68	36 Funds for this Section shall come from revenue generated by the Fair Share Amendment
69	69	37passed by voters in November of 2022 and which amended Article XLIV of the Massachusetts
70	70	38Constitution.
71	71	39 SECTION 3. Section 21C of Chapter 59 of the General Laws, as appearing in the 2020
72	72	40Official Edition, is hereby amended by adding after subsection (n) the following new
73	73	41subsection:- (o) The local appropriating authority may, by accepting this paragraph, provide that
74	74	42taxes may thereafter be assessed in excess of the amount otherwise allowed by this section,
75	75	43solely for payment, in whole or in part, of debt service charges incurred for the construction of a
76	76	44regional-vocational technical high school that the school board responsible for determining the
77	77	45debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local
78	78	46taxes.
79	79	47 SECTION 4. Chapter 69 of the Massachusetts General Laws is hereby amended by
80	80	48adding the following section:-
81	81	49 Section 37. For the purposes of sections 38 through 42, inclusive, the following terms
82	82	50 shall have the following meanings, unless the context clearly requires otherwise:-
83	83	51 “Office”, shall mean the office of vocational-technical education.
84	84	52 “District of residence”, shall mean the school district of the city or town where a student
85	85	53resides. 4 of 9
86	86	54 “School of residence”, shall mean the middle school or junior high school a student
87	87	55attends within their district of residence.
88	88	56 Section 38. (a) There is hereby established within the department of elementary and
89	89	57secondary education an office of vocational-technical education whose purpose is to develop and
90	90	58implement policies and promulgate regulations to promote, enhance, and expand vocational-
91	91	59technical education programs, as defined in Chapter 74 of the General Laws, in the
92	92	60commonwealth.
93	93	61 (b) The office shall:
94	94	62 (i) oversee all Chapter 74 approved programs and ensure compliance with M.G.L.
95	95	63Chapter 74 and related regulations;
96	96	64 (ii) establish a statewide marketing campaign to promote the success of vocational-
97	97	65technical education and careers in Massachusetts and to raise the level of awareness and
98	98	66understanding of such education among parents, students, businesses, labor unions, and the
99	99	67general public;
100	100	68 (iii) work to increase awareness of vocational-technical education and career
101	101	69opportunities among students in elementary schools, junior high schools, and middle schools;
102	102	70 (iv) ensure that schools offering Chapter 74 programs are provided reasonable access
103	103	71during the school day at schools of residence to meet with all students and distribute information
104	104	72about vocational-technical education and careers to said students, including English language
105	105	73learners, students with disabilities, students of color, and other student populations, to ensure that
106	106	74such information is provided equitably to all learners; 5 of 9
107	107	75 (v) ensure that schools offering Chapter 74 programs are given the opportunity during the
108	108	76school day to host middle school tours, with transportation costs paid by the school hosting the
109	109	77tour, for all middle school students in member communities, including English language
110	110	78learners, students with disabilities, students of color, and other student populations to ensure that
111	111	79such opportunities are provided equitably to all learners; and further ensure that the school of
112	112	80residence may not count middle school student tours of vocational schools or programs during
113	113	81the school day as unexcused absences if the vocational school or program confirms the student's
114	114	82participation, and may not unreasonably withhold student access to tours of vocational schools
115	115	83and programs during the school day.
116	116	84
117	117	85 (vi) require that schools offering Chapter 74 programs are given the opportunity to
118	118	86provide middle and junior high school students with information about vocational-technical
119	119	87programs and careers through mail and email.
120	120	88 (vii) require all middle schools and junior high schools in member communities to
121	121	89establish and implement a Chapter 74 Access Policy, in accordance with state requirements
122	122	90promoting equitable access to Chapter 74 programs, outlining specific ways in which the middle
123	123	91schools will collaborate with regional vocational-technical high schools and agricultural high
124	124	92schools to:
125	125	93 provide staff members from Chapter 74 schools with direct school day access to all
126	126	94middle school students, to inform them about opportunities in vocational-technical and
127	127	95agricultural education and to distribute materials about such opportunities to them; 6 of 9
128	128	96 provide all middle school students an opportunity to tour, during regular middle school
129	129	97hours, the regional vocational-technical high school and/or county agricultural school of which
130	130	98the middle school’s city or town is a member, with the transportation costs of all such tours being
131	131	99borne by the school hosting the tours;
132	132	100 provide contact information for all seventh-grade and eighth-grade middle school
133	133	101students, including a student’s name and mailing address, a student’s personal email address, and
134	134	102the parent’s/guardian’s email address by October 15 of each school year;
135	135	103 (viii) establish, in addition to the minimum requirements outlined in the preceding
136	136	104subsections, such additional requirements for Chapter 74 Access Policies as the office deems
137	137	105reasonable and necessary to promote equitable access by all students to information about
138	138	106vocational-technical and agricultural education;
139	139	107 (ix) require all sending school districts which are members of a regional-vocational
140	140	108school district or whose community is located in the county or district of an agricultural high
141	141	109school to:
142	142	110 submit the Chapter 74 Access Policy annually to the office;
143	143	111 annually attest in writing that the Chapter 74 Access Policy is being implemented
144	144	112equitably and that all students are being provided with information, access, and tours in
145	145	113accordance with this section and with federal and state civil rights laws, regulations, and policies;
146	146	114 post the Chapter 74 Access Policy on its district website and provide written copies to
147	147	115students and parents, upon request;
148	148	116 (x) create a mechanism to enforce timely implementation of Chapter 74 Access Policies; 7 of 9
149	149	117 (xi) establish a system to ensure that students who live in communities that are not
150	150	118members of or affiliated with a regional vocational-technical high school district or agricultural
151	151	119high school annually are provided with information about their high school options, including
152	152	120their option to seek an education in a vocational-technical or agricultural high school;
153	153	121 (xii) support the attainment of Industry Recognized Credentials in Chapter 74 programs;
154	154	122 (xiii) support the use of both longitudinal and pre- and post-student assessment as a
155	155	123means of obtaining meaningful data for curricular improvement. Data may be utilized for
156	156	124facilities improvement, equipment investments, mission success, and professional development;
157	157	125 (xiv) encourage and work to increase the use of articulation agreements with community
158	158	126colleges and public universities and other dual credit programs to allow vocational-technical
159	159	127students to earn credit leading to an associate’s or bachelor’s degree;
160	160	128 (xv) provide technical support to schools seeking to offer Chapter 74 programs that meet
161	161	129regional labor market demands and do not duplicate existing programs in the region;
162	162	130 (xvi) support the continuation of state grant programs that provide funding for equipment
163	163	131purchases and facility expansion; and
164	164	132 (xvii) support the continuation of demonstration programs that provide opportunities in
165	165	133vocational-technical education for students unable to secure a seat in an approved Chapter 74
166	166	134program due to lack of enrollment capacity.
167	167	135 SECTION 5. Section 3A of Chapter 70B of the General Laws, as appearing in the 2020
168	168	136Official Edition, is hereby amended by striking the number “17” and inserting “19” in place
169	169	137thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the 8 of 9
170	170	138following:- “,Massachusetts Association of Vocational Administrators, Inc., Alliance for
171	171	139Vocational Technical Education,”
172	172	140 SECTION 6. Chapter 70 of the General Laws is hereby amended by inserting the
173	173	141following new section: --
174	174	142 Section 10A. Expansion Grants for Regional Vocational-Technical Schools
175	175	143 (a) In addition to the funding otherwise provided pursuant to this chapter, any regional or
176	176	144county vocational or agricultural school shall, subject to appropriation, receive a one-year
177	177	145expansion grant in any fiscal year in which its foundation enrollment increases by more than two
178	178	146percent over its foundation enrollment for the previous fiscal year.
179	179	147 (b) The amount of said expansion grant shall be calculated by multiplying the number of
180	180	148additional students in its foundation enrollment, over its foundation enrollment for the previous
181	181	149fiscal year, by its per-student foundation budget amount. The per-student foundation budget
182	182	150amount shall be calculated by dividing the district’s foundation budget amount for the current
183	183	151year by its foundation enrollment for the prior fiscal year.
184	184	152 (c) The department shall annually solicit information from all regional and county
185	185	153vocational and agricultural schools as needed to estimate the amounts required to fund expansion
186	186	154grants in the coming fiscal year for all such schools, and the department shall request
187	187	155appropriation of the amount required to fully fund such expansion grants.
188	188	156 (d) If the amount appropriated for expansion grants in a fiscal year is less than the amount
189	189	157required to fully fund such grants, then each eligible regional or county vocational or agricultural
190	190	158school shall receive a share of the appropriated funds proportional to the share that its expansion 9 of 9
191	191	159grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants
192	192	160for all schools, pursuant to said subsection.
193	193	161 SECTION 7. Notwithstanding any general or special law to the contrary, to meet the
194	194	162expenditures necessary in carrying out section 1, the state treasurer shall, upon receipt of a
195	195	163request by the governor, issue and sell bonds of the Commonwealth in an amount to be specified
196	196	164by the governor from time to time but not exceeding, in the aggregate, $3,000,000,000. All
197	197	165bonds issued by the commonwealth, as aforesaid, shall be designated on their face
198	198	166Commonwealth Vocational-Technical Education Expansion Act of 2023, and shall be issued for
199	199	167a maximum term of years, not exceeding 30 years, as the governor may recommend to the
200	200	168general court pursuant to section 3 of Article LXII of the Amendments to the Constitution;
201	201	169provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest
202	202	170and payments on account of principal on such obligations shall be payable from the General
203	203	171Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
204	204	172any other provision of this act, be general obligations of the Commonwealth.