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SENATE DOCKET, NO. 2067 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 246
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 empowering students and schools to thrive.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterLiz MirandaSecond Suffolk1/20/2023Adam GomezHampden1/20/2023Jack Patrick Lewis7th Middlesex1/24/2023Paul W. MarkBerkshire, Hampden, Franklin and
Hampshire
1/24/2023Robyn K. KennedyFirst Worcester1/27/2023Patricia D. JehlenSecond Middlesex1/27/2023Marc R. PachecoThird Bristol and Plymouth1/29/2023Carmine Lawrence Gentile13th Middlesex1/29/2023Sal N. DiDomenicoMiddlesex and Suffolk1/31/2023Vanna Howard17th Middlesex2/2/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Mike Connolly26th Middlesex2/6/2023Carlos González10th Hampden2/6/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2023Michael D. BradySecond Plymouth and Norfolk2/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/7/2023 2 of 2
Julian CyrCape and Islands2/15/2023James B. EldridgeMiddlesex and Worcester2/15/2023Anne M. GobiWorcester and Hampshire2/21/2023James K. Hawkins2nd Bristol2/23/2023Mindy Domb3rd Hampshire2/28/2023Angelo J. Puppolo, Jr.12th Hampden3/1/2023Paul R. FeeneyBristol and Norfolk3/2/2023Lydia EdwardsThird Suffolk3/3/2023 1 of 9
SENATE DOCKET, NO. 2067 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 246
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 246) of Joanne M. Comerford,
Liz Miranda, Adam Gomez, Jack Patrick Lewis and other members of the General Court for
legislation to empower students and schools to thrive. Education.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act empowering students and schools to thrive.
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. Section 1D of chapter 69 of the General Laws is hereby amended by
2striking out subsection (i), as appearing in the 2020 Official Edition, and inserting in place
3thereof the following subsection:-
4 (i) The ''competency determination'' shall be based on the academic standards and
5curriculum frameworks for tenth graders in the areas of mathematics, science and technology,
6and English, and shall represent a determination that a particular student has demonstrated
7mastery of a common core of skills, competencies and knowledge in these areas by satisfactorily
8completing coursework that has been certified by the student’s district as showing mastery of
9such skills, competencies and knowledge. A district also may include history and social science
10and foreign languages in the requirements. Satisfaction of the requirements of the competency
11determination shall be a condition for high school graduation. Students who fail to satisfy the
12requirements of the competency determination or are determined by the district to be at risk of 2 of 9
13not satisfying such requirements shall be eligible to receive an educational assistance plan
14designed within the confines of the foundation budget to impart the skills, competencies and
15knowledge required to attain the required level of mastery. The parent, guardian or person acting
16as parent of the student shall have the opportunity to review the educational assistance plan with
17representatives of the school district. Nothing in this section shall be construed to provide a
18parent, guardian, person acting as a parent or student with an entitlement to contest the proposed
19plan or with a cause of action for educational malpractice if the student fails to obtain a
20competency determination.
21 SECTION 2. Said chapter 69 is hereby further amended by striking out sections 1J and
221K, as so appearing, and inserting in place thereof the following section:-
23 Section 1J. (a) The commissioner of elementary and secondary education shall identify
24schools for comprehensive support and improvement using a formula developed by the
25department that complies with the criteria and processes in federal education law; provided that,
26under this formula, student growth shall be given at least as much weight as student
27achievement, and provided further that no more than five per cent of all schools statewide shall
28be designated as comprehensive support and improvement schools at one time.
29 (b) Within 30 days of a school being designated as in need of comprehensive support and
30improvement, the superintendent of the district shall convene a local stakeholder group of not
31more than 11 individuals to develop a support and improvement plan for the school. The district
32should strive to have the group membership represent the racial-ethnic and language diversity of
33the school. The group shall include: (1) the superintendent, or a designee; (2) a representative
34from the school committee selected by a majority of school committee members; (3) the 3 of 9
35president of the local teachers union, or a designee; (4) an administrator from the school, who
36may be the principal, chosen by the superintendent; (5) two educators (who could be teachers or
37education support professionals) from the school, chosen by the school’s educators; (6) a parent
38from the school, chosen by the local parent organization, provided that if the school or district
39does not have a parent organization or if the organization does not select a parent, the
40superintendent shall select a volunteer parent of a student from the school; (7) for high schools, a
41student selected by the students at the school, and for other schools, an individual selected by the
42superintendent who brings the appropriate grade-level perspective to the group (e.g., a
43representative from the early childhood or pre-kindergarten sector for an elementary school); (8)
44an educator or representative from the social services sector with expertise in students’ mental
45health and social-emotional development, selected jointly by the group; (9) a member
46representing a community organization, selected jointly by the group; and 10) an individual who
47has specialized expertise in one or more of the evidence-based programs listed in subsection (c),
48selected jointly by the group.
49 (c) The local stakeholder group shall develop a support and improvement plan for the
50school, consistent with federal and state law, a final draft of which shall be submitted to the
51school committee within 45 days of its first meeting. Consistent with guidelines developed by
52the department, the group shall: (i) research, identify and analyze the root causes of the school’s
53challenges; (ii) examine the adequacy of resources and equity in the distribution of those
54resources, including an assessment of the physical condition of the school building; and (iii)
55identify and catalog the school’s strengths and assets. The final draft plan submitted to the school
56committee shall include a guiding vision of learning for the school; goals and objectives; and a
57description of the evidence-based programs, supports and interventions that the district shall 4 of 9
58employ to address the root causes of the school’s challenges and capitalize on assets consistent
59with the guiding vision. Such evidence-based programs, supports and interventions may include:
60(1) reduced class sizes and student caseloads; (2) small-group instruction and/or one-on-one
61tutoring; (3) increased opportunity for common planning time for teachers; (4) implementation of
62a “Community Schools” or “Hub School” model or other strategies for expanding social and
63wraparound services to support students’ social-emotional and physical health; (5) additional
64hiring, increased compensation, and/or strategic deployment of school personnel (e.g, co-
65teaching to facilitate inclusion) to support student learning and to retain highly qualified staff; (6)
66increased or improved professional development, which may include mentoring and induction
67programs for new teachers, as well as training in trauma-informed and anti-racist best practices
68that are designed to limit school exclusion and maximize student engagement; (7) the use of
69effective curriculum materials that are culturally responsive and aligned with the statewide
70curriculum frameworks; (8) expanded early education and pre-kindergarten programming within
71the district in consultation or in partnership with community-based organizations; (9)
72diversifying the educator and administrator workforce; (10) developing additional pathways to
73strengthen college and career readiness; and (11) any other program determined to be evidence-
74based by the group that addresses root causes of challenges identified in its analysis.
75 (d) The local stakeholder group shall make every effort to reach consensus on the final
76draft plan and shall submit it to the school committee for review and approval. If consensus
77cannot be reached, a majority of the group shall submit its final draft plan to the school
78committee for review and approval. Dissenting members of the group may submit an alternative
79final draft plan to the school committee for consideration, clearly indicating the areas of dissent.
80Upon receipt of the final draft plan or plans, the school committee shall hold at least one public 5 of 9
81hearing, giving at least 30 days’ public notice. The school committee may make modifications to
82the final draft plan as necessary, consistent with federal and state law, and shall vote on the final
83draft plan within 30 days of the hearing. The final plan shall be shared publicly and filed with the
84commissioner. After confirming that the requirements of subsections (b) through (d) were
85complied with, the commissioner shall approve the final plan.
86 (e) The department shall prioritize comprehensive support and improvement schools for
87additional funding above and beyond chapter 70 allocations to support the evidence-based
88programs identified in the final approved plan. Before the local stakeholder group commences its
89work, the department shall provide the group with an estimate of future Chapter 70 aid for the
90district and available funds in excess of Chapter 70 aid for the school that shall support the final
91approved plan.
92 (f) The support and improvement plan shall be in effect for not more than four years, and
93shall be reviewed annually by the superintendent pursuant to guidelines developed by the
94department. Such progress reviews shall be shared publicly and filed with the commissioner,
95who may comment on the reviews.
96 (g) The department shall establish exit criteria for schools in need of comprehensive
97support and improvement using a formula that complies with federal education law. Upon
98expiration of the final approved plan, the commissioner shall review the school’s progress and
99determine, based solely on the exit criteria established by the department, whether: (1) the school
100is exited from comprehensive support and improvement status; or (2) the status and plan shall
101continue for up to four additional years. If the commissioner determines that the status and plan
102shall continue, the local stakeholder group shall be reconvened to revise the final approved plan, 6 of 9
103consistent with subsections (b) through (d) and subject to approval by the commissioner. If not
104approved, the commissioner shall return the plan to the group with a directive to add specific
105evidence-based programs, supports and interventions listed in (1) through (10) of subsection (c).
106Within 30 days, the group shall submit the plan to the school committee for review and approval.
107Within 30 days of receipt of the plan from the group, the school committee shall submit the final
108plan to the commissioner.
109 (h) Upon the expiration of any continued or revised plan, the process in subsection (g)
110shall be replicated.
111 (i) The board shall adopt regulations to implement this section, including provisions that
112allow features of a support and improvement plan to continue for up to two years after a school is
113exited from comprehensive support and improvement status. The department shall also make
114every effort to continue additional funding during any transitional period.
115 SECTION 3. The school committee of any district in receivership shall develop a
116transition plan for ending the receivership and hiring a superintendent. The transition plan shall
117be implemented and the receivership shall end within 1 year of the effective date of this Act. The
118department shall provide the school committee with the necessary funding and technical
119assistance to develop and implement the transition plan.
120 SECTION 4. (a) There shall be a special commission to study and make
121recommendations for a more authentic and accurate system for assessing students, schools and
122school districts. The commission shall examine: (i) the requirements of the Every Student
123Succeeds Act of 2015, codified at 20 U.S.C. § 6301 et. seq., and potential waivers; (ii)
124alternative assessment and accountability systems in place or being considered nationwide; and 7 of 9
125research data on the knowledge and skills that parents, elementary and secondary educators,
126higher education educators, and business leaders want students to have upon high school
127graduation.
128 Regarding the assessment of students, the special commission shall consider assessments
129other than conventional methods, including, but not limited to: work samples, projects and
130portfolios, performance assessments and other authentic and direct gauges of student
131performance that encourage effective instruction, use strategies for avoiding racial and ethnic
132biases, and recognize the strengths of all students.
133 Regarding the assessment of schools and districts, the special commission shall consider
134the inclusion of a broader range of measures, beyond standardized test scores, that align with
135public values and are less tied to student demography. The commission shall also research best
136practices for facilitating stakeholder-driven improvement processes in schools identified under
137federal law as needing comprehensive support, such as the creation of community schools.
138 The commission shall recommend strategies for assessing students, schools and districts
139that comply with current federal law. The commission also may make recommendations for
140changes in or waivers from federal law that would facilitate the implementation of effective
141assessment strategies.
142 (b) The commission shall consist of: 1 member who shall be appointed by the president
143of the senate, who shall serve as co-chair; 1 member who shall be appointed by the speaker of
144the house of representatives, who shall serve as co-chair; 1 member who shall be appointed by
145the minority leader of the senate; 1 member who shall be appointed by the minority leader of the
146house of representatives; the secretary of education, or a designee; the commissioner of 8 of 9
147elementary and secondary education, or a designee; 1 member who shall be appointed by the
148Massachusetts Association of School Committees, Inc.; 1 member who shall be appointed by the
149Massachusetts Teachers Association; 1 member who shall be appointed by the American
150Federation of Teachers, Massachusetts; 1 member who shall be appointed by the Massachusetts
151Association of School Superintendents, Inc.; 1 member who shall be appointed by the
152Massachusetts Education Justice Alliance (MEJA); 1 member who shall be appointed by the
153NAACP; 1 member who shall be appointed by the Massachusetts Immigrant and Refugee
154Advocacy (MIRA) Coalition; 1 member who shall be appointed by Multicultural Education,
155Training, and Advocacy, Inc; 1 member who shall be appointed by the Massachusetts
156Consortium for Innovative Education Assessment; 1 member who shall be appointed by the
157Black Educators Alliance of Massachusetts; 1 member who shall be appointed by the
158Massachusetts Asian American Educators Association; 1 member who shall be appointed by the
159Gaston Institute for Latino Community Development and Public Policy of the University of
160Massachusetts Boston; 1 member who shall be appointed by the Massachusetts Advocates for
161Children; 1 member who shall be appointed by the Center for Law and Education; 1 member
162who shall be appointed by the Center for Antiracist Research at Boston University; 1 of whom
163shall be the student representative on the State Board of Education, or a designee; 1 of whom
164shall be the parent representative on the State Board of Education, or a designee; 1 member who
165shall be appointed by the Rural Policy Advisory Commission; 1 member who shall be appointed
166by GLSEN Massachusetts; and 1 member who shall be a researcher from a public university
167with expertise in the area of assessment, selected jointly by the members of the commission.
168Members shall not receive compensation for their services but may receive reimbursement for
169reasonable expenses incurred in carrying out their responsibilities as members of the 9 of 9
170commission. The commissioner of elementary and secondary education shall furnish reasonable
171staff and other support for the work of the commission.
172 (c) The commission shall hold not less than 5 public meetings across the regions of the
173commonwealth and may hold additional hearings and other forums as necessary. The
174commission shall file its report and recommendations with the clerks of the senate and the house
175of representatives, the chairs of the joint committee on education and the rural policy advisory
176commission not later than August 31, 2024.