Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H597 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3558 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 597
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Ultrino and Joan Meschino
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 remedy disparities in students' educational achievement.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Ultrino33rd Middlesex1/20/2023Joan Meschino3rd Plymouth1/20/2023James K. Hawkins2nd Bristol1/27/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/24/2023Samantha Montaño15th Suffolk2/27/2023Russell E. Holmes6th Suffolk3/2/2023Lindsay N. Sabadosa1st Hampshire3/6/2023Margaret R. Scarsdale1st Middlesex3/8/2023 1 of 11
16	16	HOUSE DOCKET, NO. 3558 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 597
18	18	By Representatives Ultrino of Malden and Meschino of Hull, a petition (accompanied by bill,
19	19	House, No. 597) of Steven Ultrino, Joan Meschino and others relative to educational
20	20	achievement disparities of students. Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to remedy disparities in students' educational achievement.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Subsection (a) of section 37H of chapter 71 of the General Laws, as
30	30	2appearing in the 2020 Official Edition, is hereby amended by striking out in lines 43 to 44,
31	31	3inclusive, the words, “including, but not limited to, a gun or a knife” and inserting in place
32	32	4thereof the following words:-
33	33	5 “a device as defined as section 10 of chapter 269 of the General Laws or a controlled
34	34	6substance as defined in chapter ninety-four C, including, but not limited to, cocaine, and heroin,
35	35	7but not including marijuana, may be subject to exclusion from the school or school district by the
36	36	8principal.”
37	37	9 SECTION 2. Clause (b) of the fourth paragraph of section 37H of said chapter 71, as so
38	38	10appearing, is hereby amended by striking out the word “assaults”, in line 48, and inserting in
39	39	11place thereof the following words:- willfully assaults, with intent and means to harm. 2 of 11
40	40	12 SECTION 3. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing,
41	41	13is hereby further amended by striking out the words “have a substantial detrimental effect on the
42	42	14general welfare of the school”, in lines 9 and 10, and inserting in place thereof the following
43	43	15words:- pose a specific, documentable concern about the infliction of serious bodily injury upon
44	44	16another person while in school.
45	45	17 SECTION 4. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing,
46	46	18is hereby further amended by striking out, in lines 10 to 12, inclusive, the sentence, “The student
47	47	19shall receive written notification of the charges and the reasons for such suspension prior to such
48	48	20suspension taking effect” and inserting in place thereof the following two sentences:-
49	49	21 The student shall receive written notification of the charges and the right to a hearing
50	50	22before the principal. If, after the hearing, the principal chooses to suspend the student, the written
51	51	23notice of the suspension shall include the reasons for such suspension, including the basis for the
52	52	24principal’s determination of the infliction of serious bodily injury upon another person while in
53	53	25school, prior to such suspension taking effect. Further, any student who is placed on diversion
54	54	26prior to arraignment is not eligible for suspension under this section.
55	55	27 SECTION 5. Paragraph (2) of said section 37H½ of said chapter 71, as so appearing, is
56	56	28hereby amended by striking out the first paragraph and inserting in place thereof the following
57	57	29three paragraphs:-
58	58	30 Upon a student being convicted of a or upon an adjudication or admission in court of
59	59	31guilt with respect to such a felony or felony delinquency, the principal of a school in which the
60	60	32student is enrolled may expel said student if such principal determines that the student's
61	61	33continued presence in school would pose a specific, documentable concern about the infliction of 3 of 11
62	62	34serious bodily injury upon another person while in school. The student shall receive written
63	63	35notification of the charges and right to a hearing before the principal. If after the hearing, the
64	64	36principal chooses to suspend or expel the student, the written notice shall include the reasons for
65	65	37such exclusion, including the basis for the principal’s specific, documentable concern about the
66	66	38infliction of serious bodily injury upon another person while in school, prior to such expulsion
67	67	39taking effect. The student shall also receive written notification of his right to appeal and the
68	68	40process for appealing such expulsion; provided, however, that the expulsion shall remain in
69	69	41effect prior to any appeal hearing conducted by the superintendent.
70	70	42 For any suspension or expulsion under this section, the principal of a school in which the
71	71	43student is enrolled shall provide, to the student and to the parent or guardian of the student,
72	72	44notice of the charges and the reason for the suspension or expulsion in English and in the
73	73	45primary language spoken in the home of the student. The student shall receive the written
74	74	46notification and shall have the opportunity to meet for a fair hearing before the principal to
75	75	47discuss the charges and reasons for the suspension or expulsion prior to the suspension or
76	76	48expulsion taking effect. The notice shall include the right to be represented by a lawyer or
77	77	49advocate (at the student's expense); adequate time to prepare for the hearing; access to
78	78	50documented evidence prior to the hearing; the right to present witnesses at the hearing and to
79	79	51question them and a reasonably prompt written decision including specific grounds for the
80	80	52decision.
81	81	53 The principal shall ensure that the parent or guardian of the student is included in the
82	82	54hearing, provided that such hearing may take place without the parent or guardian only if the
83	83	55principal, or a designee, can document reasonable efforts to include the parent or guardian in that
84	84	56hearing. The department shall promulgate rules and regulations that address a principal's duties 4 of 11
85	85	57under this subsection and procedures for including parents in student exclusion meetings,
86	86	58hearings or interviews under this subsection.
87	87	59 SECTION 6. Section 1S of chapter 69 of the General Laws, added by section 5 of chapter
88	88	60132 of the acts of 2019, is hereby amended by striking out paragraphs (a) and (b) and inserting in
89	89	61place thereof the following 2 paragraphs:-
90	90	62 (a) The commissioner shall establish statewide targets for addressing persistent disparities
91	91	63in achievement and suspension and expulsion among student subgroups in the aggregate and
92	92	64within subcategories, including, but not limited to, subject matter and relevant grade levels. The
93	93	65targets shall include annual benchmarks on the progress expected to be achieved in the aggregate
94	94	66and by subcategory.
95	95	67 (b) Each district shall establish targets for addressing persistent disparities in achievement
96	96	68and suspension and expulsion among student subgroups consistent with the targets established by
97	97	69the department. Each district shall develop an evidence-based 3-year plan to meet its targets.
98	98	70Each district’s plan shall be developed by the superintendent in consultation with the school
99	99	71committee and shall consider input and recommendations from parents and other relevant
100	100	72community stakeholders, including but not limited to, special education and English learner
101	101	73parent advisory councils, school improvement councils and educators in the school district.
102	102	74 SECTION 7. Paragraph (c) of said section 1S of said chapter 69, as so appearing, is
103	103	75hereby amended by striking out clauses (ii) and (iii) and inserting in place thereof the following 2
104	104	76clauses:-
105	105	77 (ii) a description of the evidence-based programs, supports and interventions that the
106	106	78school district will implement to address persistent disparities in achievement and suspension 5 of 11
107	107	79and expulsion among student subgroups, including, but not limited to: (A) expanded learning
108	108	80time in the form of a longer school day or school year; (B) increased opportunity for common
109	109	81planning time for teachers; (C) social services to support students’ social-emotional and physical
110	110	82health; (D) hiring school personnel that best support improved student performance; (E)
111	111	83increased or improved professional development; (F) purchase of curriculum materials and
112	112	84equipment that are aligned with the statewide curriculum frameworks; (G) expanding early
113	113	85education and pre-kindergarten programming within the district in consultation or in partnership
114	114	86with community-based organizations; (H) diversifying the educator and administrator workforce;
115	115	87(I) developing additional pathways to strengthen college and career readiness; (J) implementing
116	116	88evidence-based disciplinary and educational models to reduce suspension and expulsion rates,
117	117	89disparities in suspension and expulsion rates between any subgroup and all students and
118	118	90disparities in annual days of exclusion for excluded students in each subgroup, calculated as the
119	119	91days lost per 100 enrolled. This rate of lost instruction is to be compared to all excluded students
120	120	92including, but not limited to: positive behavioral interventions and supports models; response to
121	121	93intervention models; restorative justice models; and trauma sensitive learning models; (K)
122	122	94implementing intermediary disciplinary steps before the use of suspension or expulsion
123	123	95including, but not limited to: mediation, conflict resolution, restorative justice, or collaborative
124	124	96problem solving; and (L) any other program determined to be evidence-based by the
125	125	97commissioner; provided, however, that if a district elects not to implement the evidence-based
126	126	98programs described in clauses (A) to (L), inclusive, the district plan shall specify the reasons for
127	127	99electing not to implement said programs including a description of why said programs would not
128	128	100effectively address persistent disparities in achievement and suspensions and expulsions among
129	129	101student subgroups; 6 of 11
130	130	102 (iii) identification of outcome metrics to be used by the district to measure success in
131	131	103addressing persistent disparities in achievement and suspension and expulsion among student
132	132	104subgroups; provided, however, that the department shall develop standard metrics that may be
133	133	105incorporated in district plans and may include: (A) results from the statewide student assessment
134	134	106including student growth; (B) results from the English proficiency assessment administered to
135	135	107English learners; (C) grade-level completion and attendance data; (D) participation in advanced
136	136	108coursework; and (E) rates of suspension, expulsion and lost instruction; and (F) other indicators
137	137	109of district and school climate, diversity and performance; and.
138	138	110 SECTION 8. Said section 1S of said chapter 69, as so appearing, is hereby further
139	139	111amended by striking out paragraphs (d) and (e) and inserting in place thereof the following 2
140	140	112paragraphs:-
141	141	113 (d) Each district shall submit its plan to the department every 3 years. Upon receipt of a
142	142	114district plan, the commissioner shall review the plan to ensure that it sets forth clear, appropriate
143	143	115and achievable goals and measurable standards for student improvement that comply with the
144	144	116requirements of this section; provided, however, that the district shall amend any plan deemed
145	145	117not to conform with the requirements of this section. Following the submission of a 3-year plan,
146	146	118each district shall annually, not later than April 1, submit to the department and to the public: (i)
147	147	119relevant data, pursuant to its plan, to assess success in addressing persistent disparities in
148	148	120achievement and suspension and expulsion among student subgroups; and (ii) amendments to the
149	149	121plan that reflect changes deemed necessary to improve district performance in meeting plan
150	150	122goals. Each plan shall be made publicly available on both the submitting district’s website and
151	151	123the department’s website. 7 of 11
152	152	124 (e) Annually, not later than December 31, the commissioner shall submit a report to the
153	153	125clerks of the house of representatives and the senate and the chairs of the joint committee on
154	154	126education on the progress made in addressing persistent disparities in achievement and
155	155	127suspension and expulsion among student subgroups in the aggregate and within subcategories on
156	156	128a statewide basis; provided, however, that district and school-level data shall be made available
157	157	129on the department’s website along with the report.
158	158	130 SECTION 9. Section 37H of chapter 71 of the General Laws, as appearing in the 2020
159	159	131Official Edition, is hereby amended by inserting before the first paragraph the following
160	160	132definitions:-
161	161	133 As used in this section, the following words shall, unless the context clearly requires
162	162	134otherwise, have the following meanings:-
163	163	135 “Disparate rate of lost instruction,” an aggregate rate of lost instruction per 100 students
164	164	136in a particular subgroup which deviates from the aggregate rate of lost instruction per 100
165	165	137students in a school or district by greater than or equal to 1½ standard deviations;
166	166	138 “Disproportionate number of students,” a rate of suspension and expulsion per 100
167	167	139students in a specific subgroup in a school or district which deviates from the aggregate rate of
168	168	140suspension and expulsion per 100 students in a school or district, by greater than or equal to 1½
169	169	141standard deviations;
170	170	142 “Expulsion,” the removal of a student from the school premises, regular classroom
171	171	143activities and school activities for more than 90 school days, indefinitely or permanently, as
172	172	144permitted pursuant to this section or section 37H½; 8 of 11
173	173	145 “Homeless children and youths,” students who lack a fixed, regular and adequate
174	174	146nighttime residence as defined in 42 USC Chapter 119, Subchapter VI, Part B, §11434a.
175	175	147 “Rate of lost instruction,” a rate of days of exclusion for all students or for a particular
176	176	148student subgroup derived by taking the cumulative number of days of instruction lost due to
177	177	149exclusion in a school year, dividing by the total number of students or total number of students in
178	178	150a subgroup, and multiplying by 100
179	179	151 “Significant number of students,” a percentage of students in a given school that is
180	180	152greater than the Commonwealth’s aggregate rate of suspension and expulsion per 100 students as
181	181	153calculated annually by the department of elementary and secondary education;
182	182	154 “Standard deviations,” the square root of the average of the squares of the differences
183	183	155between each adjusted composite rate for a student subgroup in a school or district and the
184	184	156average adjusted composite rate for all students in a school or district.
185	185	157 SECTION 10. Clause (f) of said fourth paragraph of said section 37H of said chapter 71,
186	186	158as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof
187	187	159the following sentence:-
188	188	160 This report shall include district level data disaggregated and cross-tabulated by student
189	189	161status and categories established by the commissioner including, but not limited to: (a) race and
190	190	162ethnicity; (b) gender; (c) socioeconomic status; (d) English language learner status; (e) disability;
191	191	163(f) homeless children and youths. 9 of 11
192	192	164 SECTION 11. Said fourth paragraph of said section 37H of said chapter 71, as so
193	193	165appearing, is hereby further amended by striking out clause (g) and inserting in place thereof the
194	194	166following 2 clauses:-
195	195	167 (g) Under the regulations promulgated by the department, for each school that: (a)
196	196	168suspends or expels a significant number of students for more than 10 cumulative days in a school
197	197	169year; (b) suspends or expels a disproportionate number of students from any of the subgroups
198	198	170named in paragraph (f) or designated by the commissioner; or (c) displays disparate rates of lost
199	199	171instruction between subgroups, the commissioner shall investigate and shall recommend models
200	200	172that incorporate intermediary steps prior to the use of suspension or expulsion and address
201	201	173disproportionate discipline, in both incidence and duration, of any subgroup. The commissioner
202	202	174shall publicly identify and categorize schools that fall into 1 or more of the following categories:
203	203	175(a) the school has suspended or expelled a significant number of students for more than 10 days;
204	204	176(b) the school has suspended or expelled a disproportionate number of students from any of the
205	205	177subgroups named in paragraph (f) or designated by the commissioner; or (c) the school has
206	206	178displayed disparate rates of lost instruction for any subgroup. The results of this analysis shall be
207	207	179made publicly available on both the district’s website and the department’s website.
208	208	180 (h) Annual reports and accountability plans submitted by charter schools pursuant to
209	209	181regulations promulgated by the department shall contain data consistent with the requirements
210	210	182set forth in this section.
211	211	183 SECTION 12. Subsection (a) of section 37H¾ of said chapter 71, as so appearing, is
212	212	184hereby amended by striking out, in lines 1-2, the words “and expulsion”. 10 of 11
213	213	185 SECTION 13. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
214	214	186hereby amended by striking out, in line 11, the words “or expulsion”.
215	215	187 SECTION 14. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
216	216	188hereby amended by striking out, in line 15, the words “or expulsion”.
217	217	189 SECTION 15. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
218	218	190hereby amended by striking out, in line 19, the words “or expulsion”.
219	219	191 SECTION 16. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
220	220	192hereby amended by striking out, in line 31, the words “or expulsion”.
221	221	193 SECTION 17. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
222	222	194hereby amended by striking out, in line 36, the words “or expulsion”.
223	223	195 SECTION 18. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
224	224	196hereby amended by striking out, in line 38, the words “or expulsion”.
225	225	197 SECTION 19. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
226	226	198hereby amended by striking out, in line 40, the words “or expulsion”.
227	227	199 SECTION 20. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
228	228	200hereby amended by striking out, in line 53, the words “or expulsion”.
229	229	201 SECTION 21. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
230	230	202hereby amended by striking out, in line 57, the words “or expulsion”.
231	231	203 SECTION 22. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
232	232	204hereby amended by striking out, in lines 72-73, the words “or expulsion”. 11 of 11
233	233	205 SECTION 23. Subsection (f) of section 37H¾ of said chapter 71, as so appearing, is
234	234	206hereby amended by striking out, in line 74, the words “or expelled”.
235	235	207 SECTION 24. Section 37H¾ of said chapter 71, as so appearing, is hereby amended by
236	236	208inserting the following sentence at the end of the sixth paragraph:- No long-term suspension shall
237	237	209extend beyond the end of the school year in which such suspension is imposed.