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