Massachusetts 2023 2023-2024 Regular Session

Massachusetts Senate Bill S2395 Introduced / Bill

Filed 05/24/2023

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SENATE . . . . . . . . . . . . . . No. 2395
Senate, May 24, 2023 -- Text of amendment (715) (offered by Senator Feeney) to the Ways and 
Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 
2024 for the maintenance of the departments, boards, commissions, institutions, and certain 
activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for 
certain permanent improvements.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
1 by inserting after section ___ the following sections:-
2 "SECTION ___. To create a new capital infrastructure and investment tool within the 
3Massachusetts School Building Authority, established under section 1A of Chapter 70, to 
4provide for a program of capital investments for vocational-technical education programs and 
5regional vocational-technical schools, as defined in Chapter 74 of the General Laws, for 
6investment in equitable access to public education and industry-relevant workforce and 
7economic development infrastructure; to support greater access to vocational-technical education 
8programs and regional vocational-technical schools as defined in Chapter 74; to fund 
9replacement and renovation of school infrastructure to meet workforce demands of regional 
10employers and increase equitable access for all students applying to Chapter 74 programs and 
11schools; and to support the purchase of critical training equipment for the purposes of teaching 
12and learning, the sums set forth in this section, for the purposes and subject to the conditions 
13specified in this act, are hereby made available, subject to the laws regulating the disbursement 
14of public funds, which sums shall be in addition to any other amounts previously appropriated  2 of 9
15for these purposes; provided, that the amounts specified for a particular project may be adjusted 
16in order to facilitate projects authorized in this act. For costs associated with initiatives, projects 
17and expenditures to replace or make improvements to the quality, consistency, efficiency and 
18delivery of any Chapter 74 program or regional school for the benefit of the public high school 
19students in Chapter 74 programs and regional school districts and their preparation for post-
20secondary and career opportunities.……….………………$3,000,000,000
21 SECTION ___. Section 10 of Chapter 70B of the General Laws, as appearing in the 2020 
22Official Edition, is hereby amended by adding the following new subsection:
23 (d) Notwithstanding any state law, state regulation or agency policy to the contrary, the 
24authority shall be authorized and directed to add twenty (20) percentage points to the project 
25reimbursement rates for regional vocational-technical high school and county, regional and 
26independent agricultural high school construction so that reimbursement rates for such projects 
27are not less than 75% nor more than 90% of the eligible costs. Further, the authority shall add 
28five (5) percentage points to the reimbursement rate for any project that includes state-approved 
29vocational-technical education programs as defined in Chapter 74 of the General Laws aligned 
30with priorities specifically identified in the Regional Labor Market Blueprint for the region in 
31which the school is located. However, additional percentage points shall not be awarded unless 
32the school currently offers five (5) or more Chapter 74 programs. In no case shall the total 
33reimbursement for a project exceed 90% of eligible costs.
34 Funds for this Section shall come from revenue generated by the Fair Share Amendment 
35passed by voters in November of 2022 and which amended Article XLIV of the Massachusetts 
36Constitution. 3 of 9
37 SECTION ___. Section 21C of Chapter 59 of the General Laws, as appearing in the 2020 
38Official Edition, is hereby amended by adding after subsection (n) the following new 
39subsection:- (o) The local appropriating authority may, by accepting this paragraph, provide that 
40taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, 
41solely for payment, in whole or in part, of debt service charges incurred for the construction of a 
42regional-vocational technical high school that the school board responsible for determining the 
43debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local 
44taxes.
45 SECTION ___. Chapter 69 of the Massachusetts General Laws is hereby amended by 
46adding the following section:-
47 Section 37. For the purposes of sections 38 through 42, inclusive, the following terms
48 shall have the following meanings, unless the context clearly requires otherwise:-
49 “Office”, shall mean the office of vocational-technical education.
50 “District of residence”, shall mean the school district of the city or town where a student 
51resides.
52 “School of residence”, shall mean the middle school or junior high school a student 
53attends within their district of residence.
54 Section 38. (a) There is hereby established within the department of elementary and 
55secondary education an office of vocational-technical education whose purpose is to develop and 
56implement policies and promulgate regulations to promote, enhance, and expand vocational- 4 of 9
57technical education programs, as defined in Chapter 74 of the General Laws, in the 
58commonwealth.
59 (b) The office shall:
60 (i) oversee all Chapter 74 approved programs and ensure compliance with M.G.L. 
61Chapter 74 and related regulations;
62 (ii) establish a statewide marketing campaign to promote the success of vocational-
63technical education and careers in Massachusetts and to raise the level of awareness and 
64understanding of such education among parents, students, businesses, labor unions, and the 
65general public;
66 (iii) work to increase awareness of vocational-technical education and career 
67opportunities among students in elementary schools, junior high schools, and middle schools;
68 (iv) ensure that schools offering Chapter 74 programs are provided reasonable access 
69during the school day at schools of residence to meet with all students and distribute information 
70about vocational-technical education and careers to said students, including English language 
71learners, students with disabilities, students of color, and other student populations, to ensure that 
72such information is provided equitably to all learners;
73 (v) ensure that schools offering Chapter 74 programs are given the opportunity during the 
74school day to host middle school tours, with transportation costs paid by the school hosting the 
75tour, for all middle school students in member communities, including English language 
76learners, students with disabilities, students of color, and other student populations to ensure that 
77such opportunities are provided equitably to all learners; and further ensure that the school of  5 of 9
78residence may not count middle school student tours of vocational schools or programs during 
79the school day as unexcused absences if the vocational school or program confirms the student's 
80participation, and may not unreasonably withhold student access to tours of vocational schools 
81and programs during the school day.
82 (vi) require that schools offering Chapter 74 programs are given the opportunity to 
83provide middle and junior high school students with information about vocational-technical 
84programs and careers through mail and email.
85 (vii) require all middle schools and junior high schools in member communities to 
86establish and implement a Chapter 74 Access Policy, in accordance with state requirements 
87promoting equitable access to Chapter 74 programs, outlining specific ways in which the middle 
88schools will collaborate with regional vocational-technical high schools and agricultural high 
89schools to:
90 (a) provide staff members from Chapter 74 schools with direct school day access to all 
91middle school students, to 	inform them about opportunities in vocational-technical and 
92agricultural education and to distribute materials about such opportunities to them;
93 (b) provide all middle school students an opportunity to tour, during regular middle 
94school hours, the regional vocational-technical high school and/or county agricultural school of 
95which the middle school’s city or town is a member, with the transportation costs of all such 
96tours being borne by the school hosting the tours;
97 (c) provide contact information for all seventh-grade and eighth-grade middle school 
98students, including a student’s name and mailing address, a student’s personal email address, and 
99the parent’s/guardian’s email address by October 15 of each school year; 6 of 9
100 (viii) establish, in addition to the minimum requirements outlined in the preceding 
101subsections, such additional requirements for Chapter 74 Access Policies as the office deems 
102reasonable and necessary to promote equitable access by all students to information about 
103vocational-technical and agricultural education;
104 (ix) require all sending school districts which 	are members of a regional-vocational 
105school district or whose community is located in the county or district of an agricultural high 
106school to:
107 (a) submit the Chapter 74 Access Policy annually to the office;
108 (b) annually attest in writing that the Chapter 74 Access Policy is being implemented 
109equitably and that all students are being provided with information, access, and tours in 
110accordance with this section and with federal and state civil rights laws, regulations, and policies;
111 (c) post the Chapter 74 Access Policy on its district website and provide written copies to 
112students and parents, upon request;
113 (x) create a mechanism to enforce timely implementation of Chapter 74 Access Policies;
114 (xi) establish a system to ensure that students who live in communities that are not 
115members of or affiliated with a regional vocational-technical high school district or agricultural 
116high school annually are provided with information about their high school options, including 
117their option to seek an education in a vocational-technical or agricultural high school;
118 (xii) support the attainment of Industry Recognized Credentials in Chapter 74 programs; 7 of 9
119 (xiii) support the use of both longitudinal and pre- and post-student assessment as a 
120means of obtaining meaningful data for curricular improvement. Data may be utilized for 
121facilities improvement, equipment investments, mission success, and professional development;
122 (xiv) encourage and work to increase the use of articulation agreements with community 
123colleges and public universities and other dual credit programs to allow vocational-technical 
124students to earn credit leading to an associate’s or bachelor’s degree;
125 (xv) provide technical support to schools seeking to offer Chapter 74 programs that meet 
126regional labor market demands and do not duplicate existing programs in the region;
127 (xvi) support the continuation of state grant programs that provide funding for equipment 
128purchases and facility expansion; and
129 (xvii) support the continuation of demonstration programs that provide opportunities in 
130vocational-technical education for students unable to secure a seat in an approved Chapter 74 
131program due to lack of enrollment capacity.
132 SECTION ___. Section 3A of Chapter 70B of the General Laws, as appearing in the 
1332020 Official Edition, is hereby amended by striking the number “17” and inserting “19” in place 
134thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the 
135following:- “, Massachusetts Association of Vocational Administrators, Inc., Alliance for 
136Vocational Technical Education,”
137 SECTION ___. Chapter 70 of the General Laws is hereby amended by inserting the 
138following new section: --
139 Section 10A. Expansion Grants for Regional Vocational-Technical Schools 8 of 9
140 (a) In addition to the funding otherwise provided pursuant to this chapter, any regional or 
141county vocational or agricultural school shall, subject to appropriation, receive a one-year 
142expansion grant in any fiscal year in which its foundation enrollment increases by more than two 
143percent over its foundation enrollment for the previous fiscal year.
144 (b) The amount of said expansion grant shall be calculated by multiplying the number of 
145additional students in its foundation enrollment, over its foundation enrollment for the previous 
146fiscal year, by its per-student foundation budget amount. The per-student foundation budget 
147amount shall be calculated by dividing the district’s foundation budget amount for the current 
148year by its foundation enrollment for the prior fiscal year.
149 (c) The department shall annually solicit information from all regional and county 
150vocational and agricultural schools as needed to estimate the amounts required to fund expansion 
151grants in the coming fiscal year for all such schools, and the department shall request 
152appropriation of the amount required to fully fund such expansion grants.
153 (d) If the amount appropriated for expansion grants in a fiscal year is less than the amount 
154required to fully fund such grants, then each eligible regional or county vocational or agricultural 
155school shall receive a share of the appropriated funds proportional to the share that its expansion 
156grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants 
157for all schools, pursuant to said subsection.
158 SECTION ___. Notwithstanding any general or special law to the contrary, to meet the 
159expenditures necessary in carrying out section 1, the state treasurer shall, upon receipt of a 
160request by the governor, issue and sell bonds of the Commonwealth in an amount to be specified 
161by the governor from time to time but not exceeding, in the aggregate, $3,000,000,000. All  9 of 9
162bonds issued by the commonwealth, as aforesaid, shall be designated on their face 
163Commonwealth Vocational-Technical Education Expansion Act of 2023, and shall be issued for 
164a maximum term of years, 	not exceeding 30 years, as the governor may recommend to the 
165general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; 
166provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest 
167and payments on account of principal on such obligations shall be payable from the General 
168Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding 
169any other provision of this act, be general obligations of the Commonwealth."