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Massachusetts Senate Bill S2388

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2388 Compare Versions

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22 SENATE DOCKET, NO. 2519 FILED ON: 3/20/2023
33 SENATE . . . . . . . . . . . . . . No. 2388
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Joanne M. Comerford
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to provide a sustainable future for rural schools.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterNatalie M. Blais1st Franklin 1 of 16
1616 SENATE DOCKET, NO. 2519 FILED ON: 3/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 2388
1818 By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2388) (subject to Joint Rule 12)
1919 of Joanne M. Comerford and Natalie M. Blais for legislation to provide a sustainable future for
2020 rural schools. Education.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to provide a sustainable future for rural schools.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 12C of the General Laws is hereby amended by adding the
3030 2following section:-
3131 3 Section 25. (a) For the purposes of this section “rural school district” shall mean a school
3232 4district with both of the following: (i) a student density of not more than 35 students per square
3333 5mile and (ii) a per capita income of less than the average annual estimated, state-wide per capita
3434 6income.
3535 7 (b) The center shall perform a review of a rural school district’s health insurance plans to
3636 8determine if any alternative, cost saving plans or plan designs are available to the rural school
3737 9district. The center shall perform a review of each rural school district located within the
3838 10commonwealth annually for rural school districts that purchase their own insurance plans and
3939 11once every 3 years for rural school districts that are part of purchasing groups. 2 of 16
4040 12 (c) The center shall provide a report to a rural school district following the review
4141 13required by subsection (b). The report shall contain any recommendations from the center,
4242 14including recommendations related to membership in purchasing groups, combining plan design
4343 15changes with health cost reimbursement arrangements and any other cost reducing strategies that
4444 16will not increase insurance costs for employees.
4545 17 (d) The center shall provide assistance to rural school districts in implementing any of the
4646 18recommendations it provides pursuant to subsection (c).
4747 19 SECTION 2. Chapter 15 of the General Laws is hereby amended by adding the following
4848 20section:-
4949 21 Section 67. (a) There shall be within the department an office of shared services, which
5050 22shall be under the supervision and management of the director of shared services. The director
5151 23shall be appointed by the commissioner.
5252 24 (b) The office of shared services shall oversee the formation of regional school districts
5353 25and superintendent unions in the commonwealth. The director of shared services shall assist
5454 26school districts that are considering forming or are in the process of forming regional school
5555 27districts and superintendent unions with the research, development and execution of shared
5656 28services projects and shared services agreements.
5757 29 SECTION 3. Section 19 of chapter 15A of the General Laws, as appearing in the 2020
5858 30Official Edition, is hereby amended by inserting after the figure “71”, in line 83, the following
5959 31words:- ; provided, however that paraprofessionals seeking to obtain licensure as special
6060 32educators shall have priority for such grants. 3 of 16
6161 33 SECTION 4. Section 2 of chapter 70 of the General Laws, as appearing in the 2020
6262 34Official Edition, is hereby amended by inserting after the definition “Required net school
6363 35spending” the following definition:-
6464 36 “Rural school district”, a school district with both of the following: (i) a student density
6565 37of not more than 35 students per square mile and (ii) a per capita income of less than the average
6666 38annual estimated, state-wide per capita income.
6767 39 SECTION 5. Section 10 of chapter 70B, as so appearing, is hereby amended by adding
6868 40the following subsection:-
6969 41 (d) Notwithstanding the first paragraph of this section, the grant percentage for approved
7070 42school facilities projects in regional school districts shall be at least 90 per cent.
7171 43 SECTION 6. Said chapter 70B of the General Laws is hereby further amended by adding
7272 44the following section:-
7373 45 Section 22. (a) Upon the closure of a school as a result of a school district regionalization
7474 46effort, the authority shall relieve any debt that was accrued as a result of the establishment and
7575 47maintenance of the school’s facilities that is owed to the authority by the municipality wherein
7676 48the school is located.
7777 49 (b) Upon the closure of a school as a result of a school district regionalization effort, the
7878 50authority, in collaboration with the executive office of economic development, shall offer
7979 51assistance to the municipality wherein the school is located for the development of a plan for
8080 52demolition or use of the school building for other purposes, including any technical assistance
8181 53for school building reuse and the retrofitting of school buildings for other purposes. 4 of 16
8282 54 SECTION 7. Chapter 71 of the General Laws is hereby amended by inserting after
8383 55section 7C the following 2 sections:-
8484 56 Section 7D. (a) To provide for the reimbursement of the part of the cost of transportation
8585 57not reimbursable under section 7A, the state treasurer shall annually, on or before November 20,
8686 58pay to a rural school district the sums required for full reimbursement of extraordinary
8787 59transportation costs incurred directly by a rural school district as a result of the transportation
8888 60between school and home of any pupil.
8989 61 (b) Rural school districts may establish a Rural School Transportation Reimbursement
9090 62Account. Reimbursements made by the commonwealth pursuant to this section may be deposited
9191 63into the account.
9292 64 (c) Regional school districts that receive reimbursement pursuant to section 16C shall not
9393 65be eligible for school transportation reimbursement pursuant to this section.
9494 66 Section 7E. (a) There is hereby established and set upon the books of the commonwealth
9595 67a separate fund known as the Non-Resident Pupil Transportation Fund. The fund shall be
9696 68credited with: (i) appropriations or other money authorized or transferred by the general court
9797 69and specifically designated to be credited to the fund; (ii) funds from public and private sources,
9898 70including, but not limited to gifts, grants and donations; and (iii) any interest earned on such
9999 71money. Amounts credited shall not be subject to appropriation and shall be expended by the
100100 72department to reimburse schools for the costs associated with the transportation of pupils who
101101 73attend schools in school districts that are not located within the municipality that the pupil
102102 74resides in to be administered by the department in accordance with this section. 5 of 16
103103 75 (b) A qualified school district eligible for funding shall include any school district that
104104 76enrolls pupils in its schools who reside outside of the municipality where the school is located.
105105 77 (c) Annually, not later than December 1, the department shall submit a report to the house
106106 78and senate committees on ways and means detailing the calculation and planned distribution of
107107 79funds to school
108108 80 districts; provided, that, funds distributed from this section shall not be considered
109109 81chapter 70 aid for the calculation of the minimum required local contribution for the upcoming
110110 82fiscal year.
111111 83 (d) Every 5 years, the department shall determine the adequacy of funding for the
112112 84purposes of this section and recommend to the general court any necessary adjustment.
113113 85 SECTION 8. Section 16D of said chapter 71, as appearing in the 2020 Official Edition, is
114114 86hereby amended by striking out subsection (g) and inserting in place thereof the following
115115 87subsection:-
116116 88 (g) A regional school district shall receive state aid for the transitional costs associated
117117 89with the establishment of the regional school district. A regional school district shall be entitled
118118 90to aid under this subsection for the first 3 years of its operation. The state treasurer shall, upon
119119 91certification by the commissioner, annually, on or before November 20, pay to each regional
120120 92school district in its first 3 years of operation $200 per pupil enrolled by the regional school
121121 93district.
122122 94 SECTION 9. Said section 16D of said chapter 71, as so appearing, is hereby further
123123 95amended by adding the following subsection:- 6 of 16
124124 96 (h) A regional school district shall receive state aid to cover the salaries of temporary
125125 97school district employees, including, but limited to, an assistant superintendent, assistant
126126 98business manager, assistant information technology director and assistant pupil services director.
127127 99A regional school district shall receive aid under this subsection for the first 2 years of its
128128 100operation. The state treasurer shall, upon certification by the commissioner, annually, on or
129129 101before November 20, pay to each regional school district in its first 2 years of operation a sum to
130130 102be determined by the commissioner.
131131 103 SECTION 10. Said chapter 71 is hereby further amended by inserting after section 16I
132132 104the following 3 sections:-
133133 105 Section 16J. (a) There is hereby established and set upon the books of the commonwealth
134134 106a separate fund known as the School District Regionalization Grant Fund. The fund shall be
135135 107credited with: (i) appropriations or other money authorized or transferred by the general court
136136 108and specifically designated to be credited to the fund; (ii) funds from public and private sources,
137137 109including, but not limited to gifts, grants and donations; and (iii) any interest earned on such
138138 110money. Amounts credited shall not be subject to appropriation and shall be expended by the
139139 111department to fund a grant program for the study, planning and implementation of school district
140140 112regionalization efforts to be administered by the department in accordance with this section; and
141141 113provided further, that grant funds awarded pursuant to this section shall be distributed evenly
142142 114over a 3 year period.
143143 115 (b) A qualified school eligible for funding are towns and regional school districts,
144144 116excluding vocational schools, independent agricultural, technical schools and charter schools;
145145 117provided, that a school district shall be eligible for a school district regionalization grant if it is 7 of 16
146146 118considering forming, is in the process of forming or has formed within the past 5 years a regional
147147 119school district or regionalizing services; provided, that, that school district regionalization grants
148148 120shall be allocated equitably in the following priority order: (i) school districts with significant
149149 121enrollment decline; (ii) school districts where existing school space is underutilized; and (iii)
150150 122school districts where the regionalization proposal will produce significant expansion of
151151 123available academic resources and supports as a result of cost savings.
152152 124 (c) Annually, not later than February 1, any district receiving funds under this item shall
153153 125submit a report to the department outlining the progress the district has made in studying,
154154 126planning or implementing regionalization or regionalization services.
155155 127 (d) Annually, not later than December 1, the department shall submit a report to the
156156 128house and senate committees on ways and means detailing the calculation and planned
157157 129distribution of funds to school districts; provided, that, funds distributed from this section shall
158158 130not be considered chapter 70 aid for the calculation of the minimum required local contribution
159159 131for the upcoming fiscal year.
160160 132 (e) Every 5 years, the department shall determine the adequacy of funding for the
161161 133purposes of this section and recommend to the general court any necessary adjustment.
162162 134 (f) A grant awarded to a school district pursuant to this section shall not exceed
163163 135$1,500,000 over a 3 year period.
164164 136 Section 16K. (a) There is hereby established and set upon the books of the
165165 137commonwealth a separate fund known as the Regional School District Foundational Aid Fund.
166166 138The fund shall be credited with: (i) appropriations or other money authorized or transferred by
167167 139the general court and specifically designated to be credited to the fund; (ii) funds from public and 8 of 16
168168 140private sources, including, but not limited to gifts, grants and donations; and (iii) any interest
169169 141earned on such money. Amounts credited shall not be subject to appropriation and shall be
170170 142expended by the department to fund a grant program for regional school districts that experience
171171 143a drop in foundational aid as a result of regionalization to be administered by the department in
172172 144accordance with this section.
173173 145 (b) A qualified school eligible for funding are regional school districts, excluding
174174 146vocational schools, independent agricultural, technical schools and charter schools; provided,
175175 147that any regional school district within its first 5 years of operation that has received less
176176 148foundational aid than any of its member school districts received in the 5 years preceding
177177 149regionalization shall be entitled to a grant equal to the difference in foundational funding
178178 150between the member school district prior to regionalization and the foundational funding
179179 151received by the regional school district.
180180 152 (c) Annually, not later than December 1, the department shall submit a report to the house
181181 153and senate committees on ways and means detailing the calculation and planned distribution of
182182 154funds to school districts; provided, that, funds distributed from this section shall not be
183183 155considered chapter 70 aid for the calculation of the minimum required local contribution for the
184184 156upcoming fiscal year.
185185 157 (d) Every 5 years, the department shall determine the adequacy of funding for the
186186 158purposes of this section and recommend to the general court any necessary adjustment.
187187 159 Section 16L. (a) There is hereby established and set upon the books of the
188188 160commonwealth a separate fund known as the Superintendent Union Formation Grant Fund. The
189189 161fund shall be credited with: (i) appropriations or other money authorized or transferred by the 9 of 16
190190 162general court and specifically designated to be credited to the fund; (ii) funds from public and
191191 163private sources, including, but not limited to gifts, grants and donations; and (iii) any interest
192192 164earned on such money. Amounts credited shall not be subject to appropriation and shall be
193193 165expended by the department to fund a grant program for the development of superintendent
194194 166unions to be administered by the department in accordance with this section.
195195 167 (b) A qualified school eligible for funding are school districts, excluding vocational
196196 168schools, independent agricultural, technical schools and charter schools; provided, that a school
197197 169district shall be eligible for a superintendent union formation grant if (i) school district
198198 170regionalization is not desired by the school district community or is not practicable for any
199199 171reason and (ii) the school district is considering forming, is in the process of forming or has
200200 172formed within the past 5 years a superintendent union pursuant to section 61.
201201 173 (c) Annually, not later than February 1, any district receiving funds under this item shall
202202 174submit a report to the department outlining progress the district has made in studying, planning
203203 175or implementing a superintendent union.
204204 176 (d) Annually, not later than December 1, the department shall submit a report to the
205205 177house and senate committees on ways and means detailing the calculation and planned
206206 178distribution of funds to school districts; provided, that, funds distributed from this section shall
207207 179not be considered chapter 70 aid for the calculation of the minimum required local contribution
208208 180for the upcoming fiscal year.
209209 181 (e) Every 5 years, the department shall determine the adequacy of funding for the
210210 182purposes of this section and recommend to the general court any necessary adjustment.
211211 183 (f) A grant awarded pursuant to this section shall not exceed $250,000 annually. 10 of 16
212212 184 SECTION 11. Said chapter 71 is hereby further amended by adding the following 2
213213 185sections:-
214214 186 Section 100. (a) There is hereby established and set upon the books of the commonwealth
215215 187a separate fund known as the Rural Schools Aid Fund. The fund shall be credited with: (i)
216216 188appropriations or other money authorized or transferred by the general court and specifically
217217 189designated to be credited to the fund; (ii) funds from public and private sources, including, but
218218 190not limited to gifts, grants and donations; and (iii) any interest earned on such money. Annually,
219219 191not later than December 1, the comptroller shall transfer $60,000,000 from the General Fund to
220220 192the fund. Amounts credited shall not be subject to appropriation and shall be expended by the
221221 193department to support the long-term fiscal health of rural school districts to be administered by
222222 194the department in accordance with this section.
223223 195 (b) A qualified school eligible for funding are towns and regional school districts,
224224 196excluding vocational schools, independent agricultural, technical schools and charter schools;
225225 197provided, that a school district shall be eligible for rural school aid if a school district has a
226226 198student density of not more than 35 students per square mile and an average annual per capita
227227 199income of not more than the average annual per capita income for the commonwealth for the
228228 200same period; provided further, that rural school aid shall be allocated equitably in the following
229229 201priority order: (i) school districts serving less than 11 students per square mile; (ii) school
230230 202districts serving not more than 21 students per square mile; and (iii) school districts serving not
231231 203more than 35 students per square mile;
232232 204 (c) Annually, not later than December 1, the department shall submit a report to the house
233233 205and senate committees on ways and means detailing: (i) its recommendations for additional 11 of 16
234234 206adjustments to the rural school aid calculation for the upcoming fiscal year to improve the
235235 207accuracy and equity of the student density component and the per capita income component; and
236236 208(ii) the calculation and planned distribution of funds to school districts; and provided further, that
237237 209funds distributed from this section shall not be considered chapter 70 aid for the calculation of
238238 210the minimum required local contribution for the upcoming fiscal year.
239239 211 (d) Every 5 years, the department shall determine the adequacy of funding for the
240240 212purposes of this section and recommend to the general court any necessary adjustment.
241241 213 Section 101. (a) There is hereby established and set upon the books of the commonwealth
242242 214a separate fund known as the Declining Enrollment Fund. The fund shall be credited with: (i)
243243 215appropriations or other money authorized or transferred by the general court and specifically
244244 216designated to be credited to the fund; (ii) funds from public and private sources, including, but
245245 217not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts
246246 218credited shall not be subject to appropriation and shall be expended by the department to support
247247 219the long-term fiscal health of school districts with declining student enrollment to be
248248 220administered by the department in accordance with this section.
249249 221 (b) A qualified school eligible for funding are towns and regional school districts,
250250 222excluding vocational schools, independent agricultural, technical schools and charter schools;
251251 223provided, that a school district shall be eligible for declining enrollment aid if it has a decline in
252252 224student enrollment of at least 35 per cent over the 20 years prior to the school district’s
253253 225application for funds; provided further, that declining enrollment aid shall be allocated equitably
254254 226on a per-pupil basis with priority given to school districts that have experienced the greatest
255255 227percentage decline in student enrollment. 12 of 16
256256 228 (c) Annually, not later than February 1, any district receiving funds under this item shall
257257 229submit a plan to the department outlining the district’s plans to use such funds.
258258 230 (d) Annually, not later than December 1, the department shall submit a report to the
259259 231house and senate committees on ways and means detailing the calculation and planned
260260 232distribution of funds to school districts; provided, that, funds distributed from this section shall
261261 233not be considered chapter 70 aid for the calculation of the minimum required local contribution
262262 234for the upcoming fiscal year.
263263 235 (e) Every 5 years, the department shall determine the adequacy of funding for the
264264 236purposes of this section and recommend to the general court any necessary adjustment.
265265 237 SECTION 12. The definition of “Instructional costs”, in subsection (a) of said section 5A
266266 238of said chapter 71B of the General Laws is hereby amended by adding the following sentence:-
267267 239Instructional costs shall include partial costs of salaries for highly specialized staff when a full-
268268 240time equivalent staff person is not needed but a full-time salary is necessary to procure a
269269 241qualified professional.
270270 242 SECTION 13. Subsection (c) of section 5A of chapter 71B of the General Laws, as
271271 243appearing in the 2020 Official Edition, is hereby amended by striking out the fourth sentence and
272272 244inserting in place thereof the following sentence:- The costs of programs shall be reimbursed at
273273 245100 per cent of all the instructional and transportation costs that exceed the approved costs
274274 246threshold; provided, that such reimbursement shall be paid in the year in which the costs are
275275 247incurred.
276276 248 SECTION 14. Said chapter 71B of the General Laws is hereby further amended by
277277 249adding the following section:- 13 of 16
278278 250 Section 17. (a) There shall be within the department a program to support the
279279 251development of specialized teachers with targeted funding for local educator preparation
280280 252programs for special education.
281281 253 (b) The department shall facilitate the funding and implementation of the program so that
282282 254school districts can coordinate with educational collaboratives and other providers to build “grow
283283 255your own” programs and provide paid time off, or childcare stipends, to paraprofessionals
284284 256studying to become licensed special education teachers.
285285 257 (c) The program shall provide similar support to teachers currently licensed in other
286286 258subjects to become special education teachers.
287287 259 (d) The department shall develop special education instructor assessments that can be
288288 260used as an alternative to Massachusetts Tests for Educator Licensure (MTEL) or develop
289289 261licensure criteria that will supersede passing the MTEL.
290290 262 SECTION 15. (a) Notwithstanding any general or special law to the contrary, the
291291 263department of elementary and secondary education shall conduct a review of special education
292292 264regulations of the department as they pertain to the needs of rural school districts.
293293 265 (b) The department shall request public comment and discussions with special education
294294 266advocates, school administrators, parents, and experts to explore reform of regulations under 603
295295 267CMR 28.00.
296296 268 (c) The department shall publish a web page that serves as a one-stop resource to allow
297297 269the public to obtain information and provide comments on individual rules and guidelines under
298298 270review as well as the department’s regulatory review program generally. 14 of 16
299299 271 SECTION 16. (a) There is hereby established, pursuant to section 2A of chapter 4 of the
300300 272General Laws, a special education financing legislative commission to review the
301301 273commonwealth’s system for financing special education and make recommendations for a more
302302 274equitable system that provides adequate funding to local school districts to meet the costs of
303303 275providing high quality education to students with disabilities.
304304 276 (b) The commission’s review shall evaluate the commonwealth’s current special
305305 277education financing structure and make recommendations to achieve the following goals:
306306 278 (1) special education funds shall be sufficient to allow all schools to provide a high
307307 279quality education in the least restrictive environment that meets the unique needs of each eligible
308308 280student;
309309 281 (2) special education funds provided to school districts shall recognize the variation in the
310310 282resources that are required to provide students with different disabilities a high quality education;
311311 283 (3) districts with more students receiving special education services shall equitably
312312 284receive more state special education assistance funding than districts with fewer students
313313 285receiving special education services;
314314 286 (4) districts with less local resources shall equitably receive more state special education
315315 287assistance funding than districts with more local resources;
316316 288 (5) special education funds shall be relatively predictable and stable to enable school
317317 289districts to budget effectively and implement multi-year plans;
318318 290 (6) the special education funding system shall promote the efficient use of funds without
319319 291incentivizing the under or misdiagnosis of students with disabilities; 15 of 16
320320 292 (7) the special education funding system shall promote flexibility and innovation in
321321 293providing high quality education;
322322 294 (8) the special education funding system shall limit local financial responsibility for
323323 295providing education to students with extraordinary needs; and
324324 296 (9) the special education funding system shall provide sufficient funds to meet the costs
325325 297of transportation of special education students.
326326 298 (c) In carrying out the review, the commissioner of elementary and secondary education
327327 299shall provide to the commission any data and information relevant to the commission’s charge.
328328 300The commissioner of elementary and secondary education shall furnish reasonable staff and
329329 301other support for the work of the commission.
330330 302 (d) Prior to issuing its recommendations, the commission shall conduct not fewer than 4
331331 303public hearings across regions of the commonwealth.
332332 304 (e) The members of the commission shall include: the house and senate chairs of the joint
333333 305committee on education, who shall serve as co-chairs; the governor or a designee; the secretary
334334 306of education; the commissioner of elementary and secondary education; the commissioner of
335335 307early education and care; the director of the Massachusetts office on disability; the speaker of the
336336 308house of representatives or a designee; the president of the senate or a designee; the minority
337337 309leader of the house of representatives or a designee; the minority leader of the senate or a
338338 310designee; the chair of the house committee on ways and means or a designee; the chair of the
339339 311senate committee on ways and means or a designee; the house and senate chairs of the joint
340340 312committee on children, families and persons with disabilities and 1 member to be appointed by
341341 313each of the following organizations: the Massachusetts Municipal Association, Inc., the 16 of 16
342342 314Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School
343343 315Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the
344344 316Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the
345345 317Massachusetts Association of Vocational Administrators, Inc., the Massachusetts Association of
346346 318Regional Schools, Inc., Massachusetts Advocates for Children, Federation for Children with
347347 319Special Needs, ARC of Mass, and the Parent Professional Advocacy League of Massachusetts.
348348 320Members shall not receive compensation for their services but may receive reimbursement for
349349 321the reasonable expenses incurred in carrying out their responsibilities as members of the
350350 322commission.
351351 323 (f) It shall not constitute a violation of chapter 268A of the General Laws for a person
352352 324employed by a school district to serve on the commission or to participate in commission
353353 325deliberations that may have a financial impact on the district employing that person or on the rate
354354 326at which that person may be compensated. The commission may establish procedures to ensure
355355 327that no such person participates in commission deliberations that may directly affect the school
356356 328districts employing those persons or that may directly affect the rate at which those persons are
357357 329compensated.
358358 330 (g) The commission shall file its report with the clerks of the house of representatives and
359359 331the senate on or before June 30, 2024. A copy of the report and recommendations shall be made
360360 332publicly available on the website of the department of elementary and secondary education and
361361 333submitted to the joint committee on education, the joint committee on children, families and
362362 334persons with disabilities, and the house and senate committees on ways and means.