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SENATE DOCKET, NO. 2519 FILED ON: 3/20/2023
SENATE . . . . . . . . . . . . . . No. 2388
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
_________________
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 provide a sustainable future for rural schools.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterNatalie M. Blais1st Franklin 1 of 16
SENATE DOCKET, NO. 2519 FILED ON: 3/20/2023
SENATE . . . . . . . . . . . . . . No. 2388
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2388) (subject to Joint Rule 12)
of Joanne M. Comerford and Natalie M. Blais for legislation to provide a sustainable future for
rural schools. Education.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to provide a sustainable future for rural schools.
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. Chapter 12C of the General Laws is hereby amended by adding the
2following section:-
3 Section 25. (a) For the purposes of this section “rural school district” shall mean a school
4district with both of the following: (i) a student density of not more than 35 students per square
5mile and (ii) a per capita income of less than the average annual estimated, state-wide per capita
6income.
7 (b) The center shall perform a review of a rural school district’s health insurance plans to
8determine if any alternative, cost saving plans or plan designs are available to the rural school
9district. The center shall perform a review of each rural school district located within the
10commonwealth annually for rural school districts that purchase their own insurance plans and
11once every 3 years for rural school districts that are part of purchasing groups. 2 of 16
12 (c) The center shall provide a report to a rural school district following the review
13required by subsection (b). The report shall contain any recommendations from the center,
14including recommendations related to membership in purchasing groups, combining plan design
15changes with health cost reimbursement arrangements and any other cost reducing strategies that
16will not increase insurance costs for employees.
17 (d) The center shall provide assistance to rural school districts in implementing any of the
18recommendations it provides pursuant to subsection (c).
19 SECTION 2. Chapter 15 of the General Laws is hereby amended by adding the following
20section:-
21 Section 67. (a) There shall be within the department an office of shared services, which
22shall be under the supervision and management of the director of shared services. The director
23shall be appointed by the commissioner.
24 (b) The office of shared services shall oversee the formation of regional school districts
25and superintendent unions in the commonwealth. The director of shared services shall assist
26school districts that are considering forming or are in the process of forming regional school
27districts and superintendent unions with the research, development and execution of shared
28services projects and shared services agreements.
29 SECTION 3. Section 19 of chapter 15A of the General Laws, as appearing in the 2020
30Official Edition, is hereby amended by inserting after the figure “71”, in line 83, the following
31words:- ; provided, however that paraprofessionals seeking to obtain licensure as special
32educators shall have priority for such grants. 3 of 16
33 SECTION 4. Section 2 of chapter 70 of the General Laws, as appearing in the 2020
34Official Edition, is hereby amended by inserting after the definition “Required net school
35spending” the following definition:-
36 “Rural school district”, a school district with both of the following: (i) a student density
37of not more than 35 students per square mile and (ii) a per capita income of less than the average
38annual estimated, state-wide per capita income.
39 SECTION 5. Section 10 of chapter 70B, as so appearing, is hereby amended by adding
40the following subsection:-
41 (d) Notwithstanding the first paragraph of this section, the grant percentage for approved
42school facilities projects in regional school districts shall be at least 90 per cent.
43 SECTION 6. Said chapter 70B of the General Laws is hereby further amended by adding
44the following section:-
45 Section 22. (a) Upon the closure of a school as a result of a school district regionalization
46effort, the authority shall relieve any debt that was accrued as a result of the establishment and
47maintenance of the school’s facilities that is owed to the authority by the municipality wherein
48the school is located.
49 (b) Upon the closure of a school as a result of a school district regionalization effort, the
50authority, in collaboration with the executive office of economic development, shall offer
51assistance to the municipality wherein the school is located for the development of a plan for
52demolition or use of the school building for other purposes, including any technical assistance
53for school building reuse and the retrofitting of school buildings for other purposes. 4 of 16
54 SECTION 7. Chapter 71 of the General Laws is hereby amended by inserting after
55section 7C the following 2 sections:-
56 Section 7D. (a) To provide for the reimbursement of the part of the cost of transportation
57not reimbursable under section 7A, the state treasurer shall annually, on or before November 20,
58pay to a rural school district the sums required for full reimbursement of extraordinary
59transportation costs incurred directly by a rural school district as a result of the transportation
60between school and home of any pupil.
61 (b) Rural school districts may establish a Rural School Transportation Reimbursement
62Account. Reimbursements made by the commonwealth pursuant to this section may be deposited
63into the account.
64 (c) Regional school districts that receive reimbursement pursuant to section 16C shall not
65be eligible for school transportation reimbursement pursuant to this section.
66 Section 7E. (a) There is hereby established and set upon the books of the commonwealth
67a separate fund known as the Non-Resident Pupil Transportation Fund. The fund shall be
68credited with: (i) appropriations or other money authorized or transferred by the general court
69and specifically designated to be credited to the fund; (ii) funds from public and private sources,
70including, but not limited to gifts, grants and donations; and (iii) any interest earned on such
71money. Amounts credited shall not be subject to appropriation and shall be expended by the
72department to reimburse schools for the costs associated with the transportation of pupils who
73attend schools in school districts that are not located within the municipality that the pupil
74resides in to be administered by the department in accordance with this section. 5 of 16
75 (b) A qualified school district eligible for funding shall include any school district that
76enrolls pupils in its schools who reside outside of the municipality where the school is located.
77 (c) Annually, not later than December 1, the department shall submit a report to the house
78and senate committees on ways and means detailing the calculation and planned distribution of
79funds to school
80 districts; provided, that, funds distributed from this section shall not be considered
81chapter 70 aid for the calculation of the minimum required local contribution for the upcoming
82fiscal year.
83 (d) Every 5 years, the department shall determine the adequacy of funding for the
84purposes of this section and recommend to the general court any necessary adjustment.
85 SECTION 8. Section 16D of said chapter 71, as appearing in the 2020 Official Edition, is
86hereby amended by striking out subsection (g) and inserting in place thereof the following
87subsection:-
88 (g) A regional school district shall receive state aid for the transitional costs associated
89with the establishment of the regional school district. A regional school district shall be entitled
90to aid under this subsection for the first 3 years of its operation. The state treasurer shall, upon
91certification by the commissioner, annually, on or before November 20, pay to each regional
92school district in its first 3 years of operation $200 per pupil enrolled by the regional school
93district.
94 SECTION 9. Said section 16D of said chapter 71, as so appearing, is hereby further
95amended by adding the following subsection:- 6 of 16
96 (h) A regional school district shall receive state aid to cover the salaries of temporary
97school district employees, including, but limited to, an assistant superintendent, assistant
98business manager, assistant information technology director and assistant pupil services director.
99A regional school district shall receive aid under this subsection for the first 2 years of its
100operation. The state treasurer shall, upon certification by the commissioner, annually, on or
101before November 20, pay to each regional school district in its first 2 years of operation a sum to
102be determined by the commissioner.
103 SECTION 10. Said chapter 71 is hereby further amended by inserting after section 16I
104the following 3 sections:-
105 Section 16J. (a) There is hereby established and set upon the books of the commonwealth
106a separate fund known as the School District Regionalization Grant Fund. The fund shall be
107credited with: (i) appropriations or other money authorized or transferred by the general court
108and specifically designated to be credited to the fund; (ii) funds from public and private sources,
109including, but not limited to gifts, grants and donations; and (iii) any interest earned on such
110money. Amounts credited shall not be subject to appropriation and shall be expended by the
111department to fund a grant program for the study, planning and implementation of school district
112regionalization efforts to be administered by the department in accordance with this section; and
113provided further, that grant funds awarded pursuant to this section shall be distributed evenly
114over a 3 year period.
115 (b) A qualified school eligible for funding are towns and regional school districts,
116excluding vocational schools, independent agricultural, technical schools and charter schools;
117provided, that a school district shall be eligible for a school district regionalization grant if it is 7 of 16
118considering forming, is in the process of forming or has formed within the past 5 years a regional
119school district or regionalizing services; provided, that, that school district regionalization grants
120shall be allocated equitably in the following priority order: (i) school districts with significant
121enrollment decline; (ii) school districts where existing school space is underutilized; and (iii)
122school districts where the regionalization proposal will produce significant expansion of
123available academic resources and supports as a result of cost savings.
124 (c) Annually, not later than February 1, any district receiving funds under this item shall
125submit a report to the department outlining the progress the district has made in studying,
126planning or implementing regionalization or regionalization services.
127 (d) Annually, not later than December 1, the department shall submit a report to the
128house and senate committees on ways and means detailing the calculation and planned
129distribution of funds to school districts; provided, that, funds distributed from this section shall
130not be considered chapter 70 aid for the calculation of the minimum required local contribution
131for the upcoming fiscal year.
132 (e) Every 5 years, the department shall determine the adequacy of funding for the
133purposes of this section and recommend to the general court any necessary adjustment.
134 (f) A grant awarded to a school district pursuant to this section shall not exceed
135$1,500,000 over a 3 year period.
136 Section 16K. (a) There is hereby established and set upon the books of the
137commonwealth a separate fund known as the Regional School District Foundational Aid Fund.
138The fund shall be credited with: (i) appropriations or other money authorized or transferred by
139the general court and specifically designated to be credited to the fund; (ii) funds from public and 8 of 16
140private sources, including, but not limited to gifts, grants and donations; and (iii) any interest
141earned on such money. Amounts credited shall not be subject to appropriation and shall be
142expended by the department to fund a grant program for regional school districts that experience
143a drop in foundational aid as a result of regionalization to be administered by the department in
144accordance with this section.
145 (b) A qualified school eligible for funding are regional school districts, excluding
146vocational schools, independent agricultural, technical schools and charter schools; provided,
147that any regional school district within its first 5 years of operation that has received less
148foundational aid than any of its member school districts received in the 5 years preceding
149regionalization shall be entitled to a grant equal to the difference in foundational funding
150between the member school district prior to regionalization and the foundational funding
151received by the regional school district.
152 (c) Annually, not later than December 1, the department shall submit a report to the house
153and senate committees on ways and means detailing the calculation and planned distribution of
154funds to school districts; provided, that, funds distributed from this section shall not be
155considered chapter 70 aid for the calculation of the minimum required local contribution for the
156upcoming fiscal year.
157 (d) Every 5 years, the department shall determine the adequacy of funding for the
158purposes of this section and recommend to the general court any necessary adjustment.
159 Section 16L. (a) There is hereby established and set upon the books of the
160commonwealth a separate fund known as the Superintendent Union Formation Grant Fund. The
161fund shall be credited with: (i) appropriations or other money authorized or transferred by the 9 of 16
162general court and specifically designated to be credited to the fund; (ii) funds from public and
163private sources, including, but not limited to gifts, grants and donations; and (iii) any interest
164earned on such money. Amounts credited shall not be subject to appropriation and shall be
165expended by the department to fund a grant program for the development of superintendent
166unions to be administered by the department in accordance with this section.
167 (b) A qualified school eligible for funding are school districts, excluding vocational
168schools, independent agricultural, technical schools and charter schools; provided, that a school
169district shall be eligible for a superintendent union formation grant if (i) school district
170regionalization is not desired by the school district community or is not practicable for any
171reason and (ii) the school district is considering forming, is in the process of forming or has
172formed within the past 5 years a superintendent union pursuant to section 61.
173 (c) Annually, not later than February 1, any district receiving funds under this item shall
174submit a report to the department outlining progress the district has made in studying, planning
175or implementing a superintendent union.
176 (d) Annually, not later than December 1, the department shall submit a report to the
177house and senate committees on ways and means detailing the calculation and planned
178distribution of funds to school districts; provided, that, funds distributed from this section shall
179not be considered chapter 70 aid for the calculation of the minimum required local contribution
180for the upcoming fiscal year.
181 (e) Every 5 years, the department shall determine the adequacy of funding for the
182purposes of this section and recommend to the general court any necessary adjustment.
183 (f) A grant awarded pursuant to this section shall not exceed $250,000 annually. 10 of 16
184 SECTION 11. Said chapter 71 is hereby further amended by adding the following 2
185sections:-
186 Section 100. (a) There is hereby established and set upon the books of the commonwealth
187a separate fund known as the Rural Schools Aid Fund. The fund shall be credited with: (i)
188appropriations or other money authorized or transferred by the general court and specifically
189designated to be credited to the fund; (ii) funds from public and private sources, including, but
190not limited to gifts, grants and donations; and (iii) any interest earned on such money. Annually,
191not later than December 1, the comptroller shall transfer $60,000,000 from the General Fund to
192the fund. Amounts credited shall not be subject to appropriation and shall be expended by the
193department to support the long-term fiscal health of rural school districts to be administered by
194the department in accordance with this section.
195 (b) A qualified school eligible for funding are towns and regional school districts,
196excluding vocational schools, independent agricultural, technical schools and charter schools;
197provided, that a school district shall be eligible for rural school aid if a school district has a
198student density of not more than 35 students per square mile and an average annual per capita
199income of not more than the average annual per capita income for the commonwealth for the
200same period; provided further, that rural school aid shall be allocated equitably in the following
201priority order: (i) school districts serving less than 11 students per square mile; (ii) school
202districts serving not more than 21 students per square mile; and (iii) school districts serving not
203more than 35 students per square mile;
204 (c) Annually, not later than December 1, the department shall submit a report to the house
205and senate committees on ways and means detailing: (i) its recommendations for additional 11 of 16
206adjustments to the rural school aid calculation for the upcoming fiscal year to improve the
207accuracy and equity of the student density component and the per capita income component; and
208(ii) the calculation and planned distribution of funds to school districts; and provided further, that
209funds distributed from this section shall not be considered chapter 70 aid for the calculation of
210the minimum required local contribution for the upcoming fiscal year.
211 (d) Every 5 years, the department shall determine the adequacy of funding for the
212purposes of this section and recommend to the general court any necessary adjustment.
213 Section 101. (a) There is hereby established and set upon the books of the commonwealth
214a separate fund known as the Declining Enrollment Fund. The fund shall be credited with: (i)
215appropriations or other money authorized or transferred by the general court and specifically
216designated to be credited to the fund; (ii) funds from public and private sources, including, but
217not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts
218credited shall not be subject to appropriation and shall be expended by the department to support
219the long-term fiscal health of school districts with declining student enrollment to be
220administered by the department in accordance with this section.
221 (b) A qualified school eligible for funding are towns and regional school districts,
222excluding vocational schools, independent agricultural, technical schools and charter schools;
223provided, that a school district shall be eligible for declining enrollment aid if it has a decline in
224student enrollment of at least 35 per cent over the 20 years prior to the school district’s
225application for funds; provided further, that declining enrollment aid shall be allocated equitably
226on a per-pupil basis with priority given to school districts that have experienced the greatest
227percentage decline in student enrollment. 12 of 16
228 (c) Annually, not later than February 1, any district receiving funds under this item shall
229submit a plan to the department outlining the district’s plans to use such funds.
230 (d) Annually, not later than December 1, the department shall submit a report to the
231house and senate committees on ways and means detailing the calculation and planned
232distribution of funds to school districts; provided, that, funds distributed from this section shall
233not be considered chapter 70 aid for the calculation of the minimum required local contribution
234for the upcoming fiscal year.
235 (e) Every 5 years, the department shall determine the adequacy of funding for the
236purposes of this section and recommend to the general court any necessary adjustment.
237 SECTION 12. The definition of “Instructional costs”, in subsection (a) of said section 5A
238of said chapter 71B of the General Laws is hereby amended by adding the following sentence:-
239Instructional costs shall include partial costs of salaries for highly specialized staff when a full-
240time equivalent staff person is not needed but a full-time salary is necessary to procure a
241qualified professional.
242 SECTION 13. Subsection (c) of section 5A of chapter 71B of the General Laws, as
243appearing in the 2020 Official Edition, is hereby amended by striking out the fourth sentence and
244inserting in place thereof the following sentence:- The costs of programs shall be reimbursed at
245100 per cent of all the instructional and transportation costs that exceed the approved costs
246threshold; provided, that such reimbursement shall be paid in the year in which the costs are
247incurred.
248 SECTION 14. Said chapter 71B of the General Laws is hereby further amended by
249adding the following section:- 13 of 16
250 Section 17. (a) There shall be within the department a program to support the
251development of specialized teachers with targeted funding for local educator preparation
252programs for special education.
253 (b) The department shall facilitate the funding and implementation of the program so that
254school districts can coordinate with educational collaboratives and other providers to build “grow
255your own” programs and provide paid time off, or childcare stipends, to paraprofessionals
256studying to become licensed special education teachers.
257 (c) The program shall provide similar support to teachers currently licensed in other
258subjects to become special education teachers.
259 (d) The department shall develop special education instructor assessments that can be
260used as an alternative to Massachusetts Tests for Educator Licensure (MTEL) or develop
261licensure criteria that will supersede passing the MTEL.
262 SECTION 15. (a) Notwithstanding any general or special law to the contrary, the
263department of elementary and secondary education shall conduct a review of special education
264regulations of the department as they pertain to the needs of rural school districts.
265 (b) The department shall request public comment and discussions with special education
266advocates, school administrators, parents, and experts to explore reform of regulations under 603
267CMR 28.00.
268 (c) The department shall publish a web page that serves as a one-stop resource to allow
269the public to obtain information and provide comments on individual rules and guidelines under
270review as well as the department’s regulatory review program generally. 14 of 16
271 SECTION 16. (a) There is hereby established, pursuant to section 2A of chapter 4 of the
272General Laws, a special education financing legislative commission to review the
273commonwealth’s system for financing special education and make recommendations for a more
274equitable system that provides adequate funding to local school districts to meet the costs of
275providing high quality education to students with disabilities.
276 (b) The commission’s review shall evaluate the commonwealth’s current special
277education financing structure and make recommendations to achieve the following goals:
278 (1) special education funds shall be sufficient to allow all schools to provide a high
279quality education in the least restrictive environment that meets the unique needs of each eligible
280student;
281 (2) special education funds provided to school districts shall recognize the variation in the
282resources that are required to provide students with different disabilities a high quality education;
283 (3) districts with more students receiving special education services shall equitably
284receive more state special education assistance funding than districts with fewer students
285receiving special education services;
286 (4) districts with less local resources shall equitably receive more state special education
287assistance funding than districts with more local resources;
288 (5) special education funds shall be relatively predictable and stable to enable school
289districts to budget effectively and implement multi-year plans;
290 (6) the special education funding system shall promote the efficient use of funds without
291incentivizing the under or misdiagnosis of students with disabilities; 15 of 16
292 (7) the special education funding system shall promote flexibility and innovation in
293providing high quality education;
294 (8) the special education funding system shall limit local financial responsibility for
295providing education to students with extraordinary needs; and
296 (9) the special education funding system shall provide sufficient funds to meet the costs
297of transportation of special education students.
298 (c) In carrying out the review, the commissioner of elementary and secondary education
299shall provide to the commission any data and information relevant to the commission’s charge.
300The commissioner of elementary and secondary education shall furnish reasonable staff and
301other support for the work of the commission.
302 (d) Prior to issuing its recommendations, the commission shall conduct not fewer than 4
303public hearings across regions of the commonwealth.
304 (e) The members of the commission shall include: the house and senate chairs of the joint
305committee on education, who shall serve as co-chairs; the governor or a designee; the secretary
306of education; the commissioner of elementary and secondary education; the commissioner of
307early education and care; the director of the Massachusetts office on disability; the speaker of the
308house of representatives or a designee; the president of the senate or a designee; the minority
309leader of the house of representatives or a designee; the minority leader of the senate or a
310designee; the chair of the house committee on ways and means or a designee; the chair of the
311senate committee on ways and means or a designee; the house and senate chairs of the joint
312committee on children, families and persons with disabilities and 1 member to be appointed by
313each of the following organizations: the Massachusetts Municipal Association, Inc., the 16 of 16
314Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School
315Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the
316Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the
317Massachusetts Association of Vocational Administrators, Inc., the Massachusetts Association of
318Regional Schools, Inc., Massachusetts Advocates for Children, Federation for Children with
319Special Needs, ARC of Mass, and the Parent Professional Advocacy League of Massachusetts.
320Members shall not receive compensation for their services but may receive reimbursement for
321the reasonable expenses incurred in carrying out their responsibilities as members of the
322commission.
323 (f) It shall not constitute a violation of chapter 268A of the General Laws for a person
324employed by a school district to serve on the commission or to participate in commission
325deliberations that may have a financial impact on the district employing that person or on the rate
326at which that person may be compensated. The commission may establish procedures to ensure
327that no such person participates in commission deliberations that may directly affect the school
328districts employing those persons or that may directly affect the rate at which those persons are
329compensated.
330 (g) The commission shall file its report with the clerks of the house of representatives and
331the senate on or before June 30, 2024. A copy of the report and recommendations shall be made
332publicly available on the website of the department of elementary and secondary education and
333submitted to the joint committee on education, the joint committee on children, families and
334persons with disabilities, and the house and senate committees on ways and means.