Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H538 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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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.