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| 2 | 2 | | SENATE . . . . . . . . . . . . . . No. 2395 |
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| 3 | 3 | | Senate, May 24, 2023 -- Text of amendment (715) (offered by Senator Feeney) to the Ways and |
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| 4 | 4 | | Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year |
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| 5 | 5 | | 2024 for the maintenance of the departments, boards, commissions, institutions, and certain |
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| 6 | 6 | | activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for |
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| 7 | 7 | | certain permanent improvements. |
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| 8 | 8 | | The Commonwealth of Massachusetts |
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| 9 | 9 | | _______________ |
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| 10 | 10 | | In the One Hundred and Ninety-Third General Court |
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| 11 | 11 | | (2023-2024) |
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| 12 | 12 | | _______________ |
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| 13 | 13 | | 1 by inserting after section ___ the following sections:- |
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| 14 | 14 | | 2 "SECTION ___. To create a new capital infrastructure and investment tool within the |
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| 15 | 15 | | 3Massachusetts School Building Authority, established under section 1A of Chapter 70, to |
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| 16 | 16 | | 4provide for a program of capital investments for vocational-technical education programs and |
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| 17 | 17 | | 5regional vocational-technical schools, as defined in Chapter 74 of the General Laws, for |
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| 18 | 18 | | 6investment in equitable access to public education and industry-relevant workforce and |
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| 19 | 19 | | 7economic development infrastructure; to support greater access to vocational-technical education |
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| 20 | 20 | | 8programs and regional vocational-technical schools as defined in Chapter 74; to fund |
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| 21 | 21 | | 9replacement and renovation of school infrastructure to meet workforce demands of regional |
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| 22 | 22 | | 10employers and increase equitable access for all students applying to Chapter 74 programs and |
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| 23 | 23 | | 11schools; and to support the purchase of critical training equipment for the purposes of teaching |
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| 24 | 24 | | 12and learning, the sums set forth in this section, for the purposes and subject to the conditions |
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| 25 | 25 | | 13specified in this act, are hereby made available, subject to the laws regulating the disbursement |
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| 26 | 26 | | 14of public funds, which sums shall be in addition to any other amounts previously appropriated 2 of 9 |
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| 27 | 27 | | 15for these purposes; provided, that the amounts specified for a particular project may be adjusted |
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| 28 | 28 | | 16in order to facilitate projects authorized in this act. For costs associated with initiatives, projects |
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| 29 | 29 | | 17and expenditures to replace or make improvements to the quality, consistency, efficiency and |
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| 30 | 30 | | 18delivery of any Chapter 74 program or regional school for the benefit of the public high school |
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| 31 | 31 | | 19students in Chapter 74 programs and regional school districts and their preparation for post- |
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| 32 | 32 | | 20secondary and career opportunities.……….………………$3,000,000,000 |
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| 33 | 33 | | 21 SECTION ___. Section 10 of Chapter 70B of the General Laws, as appearing in the 2020 |
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| 34 | 34 | | 22Official Edition, is hereby amended by adding the following new subsection: |
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| 35 | 35 | | 23 (d) Notwithstanding any state law, state regulation or agency policy to the contrary, the |
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| 36 | 36 | | 24authority shall be authorized and directed to add twenty (20) percentage points to the project |
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| 37 | 37 | | 25reimbursement rates for regional vocational-technical high school and county, regional and |
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| 38 | 38 | | 26independent agricultural high school construction so that reimbursement rates for such projects |
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| 39 | 39 | | 27are not less than 75% nor more than 90% of the eligible costs. Further, the authority shall add |
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| 40 | 40 | | 28five (5) percentage points to the reimbursement rate for any project that includes state-approved |
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| 41 | 41 | | 29vocational-technical education programs as defined in Chapter 74 of the General Laws aligned |
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| 42 | 42 | | 30with priorities specifically identified in the Regional Labor Market Blueprint for the region in |
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| 43 | 43 | | 31which the school is located. However, additional percentage points shall not be awarded unless |
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| 44 | 44 | | 32the school currently offers five (5) or more Chapter 74 programs. In no case shall the total |
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| 45 | 45 | | 33reimbursement for a project exceed 90% of eligible costs. |
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| 46 | 46 | | 34 Funds for this Section shall come from revenue generated by the Fair Share Amendment |
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| 47 | 47 | | 35passed by voters in November of 2022 and which amended Article XLIV of the Massachusetts |
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| 48 | 48 | | 36Constitution. 3 of 9 |
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| 49 | 49 | | 37 SECTION ___. Section 21C of Chapter 59 of the General Laws, as appearing in the 2020 |
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| 50 | 50 | | 38Official Edition, is hereby amended by adding after subsection (n) the following new |
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| 51 | 51 | | 39subsection:- (o) The local appropriating authority may, by accepting this paragraph, provide that |
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| 52 | 52 | | 40taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, |
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| 53 | 53 | | 41solely for payment, in whole or in part, of debt service charges incurred for the construction of a |
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| 54 | 54 | | 42regional-vocational technical high school that the school board responsible for determining the |
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| 55 | 55 | | 43debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local |
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| 56 | 56 | | 44taxes. |
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| 57 | 57 | | 45 SECTION ___. Chapter 69 of the Massachusetts General Laws is hereby amended by |
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| 58 | 58 | | 46adding the following section:- |
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| 59 | 59 | | 47 Section 37. For the purposes of sections 38 through 42, inclusive, the following terms |
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| 60 | 60 | | 48 shall have the following meanings, unless the context clearly requires otherwise:- |
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| 61 | 61 | | 49 “Office”, shall mean the office of vocational-technical education. |
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| 62 | 62 | | 50 “District of residence”, shall mean the school district of the city or town where a student |
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| 63 | 63 | | 51resides. |
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| 64 | 64 | | 52 “School of residence”, shall mean the middle school or junior high school a student |
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| 65 | 65 | | 53attends within their district of residence. |
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| 66 | 66 | | 54 Section 38. (a) There is hereby established within the department of elementary and |
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| 67 | 67 | | 55secondary education an office of vocational-technical education whose purpose is to develop and |
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| 68 | 68 | | 56implement policies and promulgate regulations to promote, enhance, and expand vocational- 4 of 9 |
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| 69 | 69 | | 57technical education programs, as defined in Chapter 74 of the General Laws, in the |
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| 70 | 70 | | 58commonwealth. |
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| 71 | 71 | | 59 (b) The office shall: |
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| 72 | 72 | | 60 (i) oversee all Chapter 74 approved programs and ensure compliance with M.G.L. |
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| 73 | 73 | | 61Chapter 74 and related regulations; |
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| 74 | 74 | | 62 (ii) establish a statewide marketing campaign to promote the success of vocational- |
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| 75 | 75 | | 63technical education and careers in Massachusetts and to raise the level of awareness and |
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| 76 | 76 | | 64understanding of such education among parents, students, businesses, labor unions, and the |
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| 77 | 77 | | 65general public; |
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| 78 | 78 | | 66 (iii) work to increase awareness of vocational-technical education and career |
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| 79 | 79 | | 67opportunities among students in elementary schools, junior high schools, and middle schools; |
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| 80 | 80 | | 68 (iv) ensure that schools offering Chapter 74 programs are provided reasonable access |
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| 81 | 81 | | 69during the school day at schools of residence to meet with all students and distribute information |
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| 82 | 82 | | 70about vocational-technical education and careers to said students, including English language |
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| 83 | 83 | | 71learners, students with disabilities, students of color, and other student populations, to ensure that |
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| 84 | 84 | | 72such information is provided equitably to all learners; |
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| 85 | 85 | | 73 (v) ensure that schools offering Chapter 74 programs are given the opportunity during the |
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| 86 | 86 | | 74school day to host middle school tours, with transportation costs paid by the school hosting the |
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| 87 | 87 | | 75tour, for all middle school students in member communities, including English language |
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| 88 | 88 | | 76learners, students with disabilities, students of color, and other student populations to ensure that |
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| 89 | 89 | | 77such opportunities are provided equitably to all learners; and further ensure that the school of 5 of 9 |
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| 90 | 90 | | 78residence may not count middle school student tours of vocational schools or programs during |
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| 91 | 91 | | 79the school day as unexcused absences if the vocational school or program confirms the student's |
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| 92 | 92 | | 80participation, and may not unreasonably withhold student access to tours of vocational schools |
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| 93 | 93 | | 81and programs during the school day. |
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| 94 | 94 | | 82 (vi) require that schools offering Chapter 74 programs are given the opportunity to |
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| 95 | 95 | | 83provide middle and junior high school students with information about vocational-technical |
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| 96 | 96 | | 84programs and careers through mail and email. |
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| 97 | 97 | | 85 (vii) require all middle schools and junior high schools in member communities to |
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| 98 | 98 | | 86establish and implement a Chapter 74 Access Policy, in accordance with state requirements |
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| 99 | 99 | | 87promoting equitable access to Chapter 74 programs, outlining specific ways in which the middle |
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| 100 | 100 | | 88schools will collaborate with regional vocational-technical high schools and agricultural high |
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| 101 | 101 | | 89schools to: |
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| 102 | 102 | | 90 (a) provide staff members from Chapter 74 schools with direct school day access to all |
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| 103 | 103 | | 91middle school students, to inform them about opportunities in vocational-technical and |
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| 104 | 104 | | 92agricultural education and to distribute materials about such opportunities to them; |
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| 105 | 105 | | 93 (b) provide all middle school students an opportunity to tour, during regular middle |
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| 106 | 106 | | 94school hours, the regional vocational-technical high school and/or county agricultural school of |
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| 107 | 107 | | 95which the middle school’s city or town is a member, with the transportation costs of all such |
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| 108 | 108 | | 96tours being borne by the school hosting the tours; |
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| 109 | 109 | | 97 (c) provide contact information for all seventh-grade and eighth-grade middle school |
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| 110 | 110 | | 98students, including a student’s name and mailing address, a student’s personal email address, and |
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| 111 | 111 | | 99the parent’s/guardian’s email address by October 15 of each school year; 6 of 9 |
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| 112 | 112 | | 100 (viii) establish, in addition to the minimum requirements outlined in the preceding |
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| 113 | 113 | | 101subsections, such additional requirements for Chapter 74 Access Policies as the office deems |
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| 114 | 114 | | 102reasonable and necessary to promote equitable access by all students to information about |
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| 115 | 115 | | 103vocational-technical and agricultural education; |
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| 116 | 116 | | 104 (ix) require all sending school districts which are members of a regional-vocational |
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| 117 | 117 | | 105school district or whose community is located in the county or district of an agricultural high |
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| 118 | 118 | | 106school to: |
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| 119 | 119 | | 107 (a) submit the Chapter 74 Access Policy annually to the office; |
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| 120 | 120 | | 108 (b) annually attest in writing that the Chapter 74 Access Policy is being implemented |
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| 121 | 121 | | 109equitably and that all students are being provided with information, access, and tours in |
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| 122 | 122 | | 110accordance with this section and with federal and state civil rights laws, regulations, and policies; |
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| 123 | 123 | | 111 (c) post the Chapter 74 Access Policy on its district website and provide written copies to |
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| 124 | 124 | | 112students and parents, upon request; |
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| 125 | 125 | | 113 (x) create a mechanism to enforce timely implementation of Chapter 74 Access Policies; |
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| 126 | 126 | | 114 (xi) establish a system to ensure that students who live in communities that are not |
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| 127 | 127 | | 115members of or affiliated with a regional vocational-technical high school district or agricultural |
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| 128 | 128 | | 116high school annually are provided with information about their high school options, including |
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| 129 | 129 | | 117their option to seek an education in a vocational-technical or agricultural high school; |
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| 130 | 130 | | 118 (xii) support the attainment of Industry Recognized Credentials in Chapter 74 programs; 7 of 9 |
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| 131 | 131 | | 119 (xiii) support the use of both longitudinal and pre- and post-student assessment as a |
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| 132 | 132 | | 120means of obtaining meaningful data for curricular improvement. Data may be utilized for |
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| 133 | 133 | | 121facilities improvement, equipment investments, mission success, and professional development; |
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| 134 | 134 | | 122 (xiv) encourage and work to increase the use of articulation agreements with community |
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| 135 | 135 | | 123colleges and public universities and other dual credit programs to allow vocational-technical |
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| 136 | 136 | | 124students to earn credit leading to an associate’s or bachelor’s degree; |
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| 137 | 137 | | 125 (xv) provide technical support to schools seeking to offer Chapter 74 programs that meet |
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| 138 | 138 | | 126regional labor market demands and do not duplicate existing programs in the region; |
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| 139 | 139 | | 127 (xvi) support the continuation of state grant programs that provide funding for equipment |
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| 140 | 140 | | 128purchases and facility expansion; and |
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| 141 | 141 | | 129 (xvii) support the continuation of demonstration programs that provide opportunities in |
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| 142 | 142 | | 130vocational-technical education for students unable to secure a seat in an approved Chapter 74 |
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| 143 | 143 | | 131program due to lack of enrollment capacity. |
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| 144 | 144 | | 132 SECTION ___. Section 3A of Chapter 70B of the General Laws, as appearing in the |
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| 145 | 145 | | 1332020 Official Edition, is hereby amended by striking the number “17” and inserting “19” in place |
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| 146 | 146 | | 134thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the |
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| 147 | 147 | | 135following:- “, Massachusetts Association of Vocational Administrators, Inc., Alliance for |
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| 148 | 148 | | 136Vocational Technical Education,” |
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| 149 | 149 | | 137 SECTION ___. Chapter 70 of the General Laws is hereby amended by inserting the |
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| 150 | 150 | | 138following new section: -- |
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| 151 | 151 | | 139 Section 10A. Expansion Grants for Regional Vocational-Technical Schools 8 of 9 |
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| 152 | 152 | | 140 (a) In addition to the funding otherwise provided pursuant to this chapter, any regional or |
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| 153 | 153 | | 141county vocational or agricultural school shall, subject to appropriation, receive a one-year |
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| 154 | 154 | | 142expansion grant in any fiscal year in which its foundation enrollment increases by more than two |
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| 155 | 155 | | 143percent over its foundation enrollment for the previous fiscal year. |
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| 156 | 156 | | 144 (b) The amount of said expansion grant shall be calculated by multiplying the number of |
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| 157 | 157 | | 145additional students in its foundation enrollment, over its foundation enrollment for the previous |
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| 158 | 158 | | 146fiscal year, by its per-student foundation budget amount. The per-student foundation budget |
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| 159 | 159 | | 147amount shall be calculated by dividing the district’s foundation budget amount for the current |
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| 160 | 160 | | 148year by its foundation enrollment for the prior fiscal year. |
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| 161 | 161 | | 149 (c) The department shall annually solicit information from all regional and county |
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| 162 | 162 | | 150vocational and agricultural schools as needed to estimate the amounts required to fund expansion |
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| 163 | 163 | | 151grants in the coming fiscal year for all such schools, and the department shall request |
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| 164 | 164 | | 152appropriation of the amount required to fully fund such expansion grants. |
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| 165 | 165 | | 153 (d) If the amount appropriated for expansion grants in a fiscal year is less than the amount |
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| 166 | 166 | | 154required to fully fund such grants, then each eligible regional or county vocational or agricultural |
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| 167 | 167 | | 155school shall receive a share of the appropriated funds proportional to the share that its expansion |
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| 168 | 168 | | 156grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants |
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| 169 | 169 | | 157for all schools, pursuant to said subsection. |
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| 170 | 170 | | 158 SECTION ___. Notwithstanding any general or special law to the contrary, to meet the |
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| 171 | 171 | | 159expenditures necessary in carrying out section 1, the state treasurer shall, upon receipt of a |
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| 172 | 172 | | 160request by the governor, issue and sell bonds of the Commonwealth in an amount to be specified |
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| 173 | 173 | | 161by the governor from time to time but not exceeding, in the aggregate, $3,000,000,000. All 9 of 9 |
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| 174 | 174 | | 162bonds issued by the commonwealth, as aforesaid, shall be designated on their face |
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| 175 | 175 | | 163Commonwealth Vocational-Technical Education Expansion Act of 2023, and shall be issued for |
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| 176 | 176 | | 164a maximum term of years, not exceeding 30 years, as the governor may recommend to the |
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| 177 | 177 | | 165general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; |
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| 178 | 178 | | 166provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest |
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| 179 | 179 | | 167and payments on account of principal on such obligations shall be payable from the General |
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| 180 | 180 | | 168Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding |
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| 181 | 181 | | 169any other provision of this act, be general obligations of the Commonwealth." |
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