Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 604 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 249
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to ensure equitable access to education, including special education services, for all
13	13	students in Massachusetts.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexVanna Howard17th Middlesex2/9/2023 1 of 5
17	17	SENATE DOCKET, NO. 604 FILED ON: 1/17/2023
18	18	SENATE . . . . . . . . . . . . . . No. 249
19	19	By Ms. Creem, a petition (accompanied by bill, Senate, No. 249) of Cynthia Stone Creem and
20	20	Vanna Howard for legislation to ensure equitable access to education, including special
21	21	education services, for all students in Massachusetts. Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to ensure equitable access to education, including special education services, for all
28	28	students in Massachusetts.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Whereas COVID-19 has disproportionately impacted communities of color, with Black
32	32	2and Latino residents in Massachusetts infected with COVID-19 at rates three times higher than
33	33	3White residents, and with age-adjusted death rates for Black and Latino residents three times that
34	34	4of White residents.
35	35	5 Whereas COVID-19 is dramatically widening opportunity and achievement gaps in
36	36	6education, because low-income Black and Latinx students are far more likely to be offered
37	37	7remote-only instruction, are less likely to have the requisite devices and high-speed internet to
38	38	8access remote learning, and are more likely to experience additional barriers to learning related
39	39	9to family illness, death, and other COVID-19 stressors.
40	40	10 Whereas Latinx and Black students with disabilities are significantly less likely to be
41	41	11included in general education classes as compared to their White disabled peers. 2 of 5
42	42	12 Whereas Black boys are estimated to have the highest rate of suspension of any race-
43	43	13gender combination. And whereas Black males with disabilities are estimated to be disciplined at
44	44	14an even higher and alarming rate, over 3 times the rate of White males with disabilities.
45	45	15 Whereas Black girls in Massachusetts are 3.9 times more likely to face school discipline
46	46	16than White girls. And whereas Black girls with disabilities are estimated to be suspended at a
47	47	17rate over twice as high as that for all Black girls.
48	48	18 Whereas the Department of Elementary and Secondary Education is responsible for
49	49	19addressing educational inequities and providing a high-quality public education to every child in
50	50	20the Commonwealth.
51	51	21 Whereas, the data currently collected by the department is not reported in a manner that
52	52	22provides important information about the range of demographic subgroups facing the most
53	53	23significant inequities, such as low-income Black students, Black males with disabilities, or
54	54	24Latino English Learners with disabilities.
55	55	25 Whereas, educational inequities cannot be effectively identified and addressed during the
56	56	26COVID-19 recovery until student data is made available in a manner that focuses on the most
57	57	27vulnerable subgroups of students.
58	58	28 SECTION 1. Section 1I of Chapter 69 of the General Laws, as appearing in the 2018
59	59	29Official Edition, is hereby amended by inserting after the fifth paragraph the following
60	60	30paragraph: -
61	61	31 In order for the department to: address educational inequities through a data-driven
62	62	32approach; report data in a manner that specifies the demographics of students facing the most 3 of 5
63	63	33significant inequities; and ensure that educational inequities can be effectively identified and
64	64	34addressed during the COVID-19 recovery and beyond; The department shall annually analyze
65	65	35and publish in an easily accessible and user friendly manner the student-specific data provided
66	66	36by school committees and charter schools pursuant to: section 1I of Chapter 69; sections 37G,
67	67	3737H, 37O, 37P, and 89 of Chapter 71 of the General Laws; sections 3 and 7 of Chapter 71A of
68	68	38the General Laws; section 6 of Chapter 71B of the General Laws; section 2A of Chapter 72 of
69	69	39the General Laws; statewide assessment data utilized as a basis for competency determinations
70	70	40pursuant to section 1D of chapter 69 of the General Laws; and any other data required by the
71	71	41federal office of education, provided that said data required by the federal department of
72	72	42education is also student-specific data and can be cross-tabulated. The department shall provide
73	73	43said data in a manner that can be easily cross-tabulated by, at a minimum, the following: each
74	74	44major racial and ethnic group; sex; economic status; high needs status; English learner status;
75	75	45and category of disability, if applicable. The information shall be presented statewide and also
76	76	46disaggregated by school committee, charter school, and individual school in a manner that is
77	77	47anonymized and does not reveal personally identifiable information about an individual student.
78	78	48Publication shall include, but need not be limited to, availability on the department's worldwide
79	79	49web site.
80	80	50 SECTION 2. The sixteenth paragraph of said Section 1I of Chapter 69 of the General
81	81	51Laws, as so appearing, is further amended by striking out, in clause (g), the word “and” the
82	82	52seventh time it appears.
83	83	53 SECTION 3. The sixteenth paragraph of said Section 1I of Chapter 69 of the General
84	84	54Laws, as so appearing, is hereby further amended by inserting after the word “learners” in clause
85	85	55(h), the following words: - ; and 4 of 5
86	86	56 (i) The number of children, by grade level, within each disability category receiving
87	87	57specific special education services, including but not limited to: each related service; assistive
88	88	58technology, including but not limited to augmentative and alternative communication;
89	89	59supplementary aids and services; positive behavioral interventions and supports; behavioral
90	90	60intervention plans; vocational education; travel training; and community-based transition
91	91	61services; provided further that school districts and charter schools shall only be required to
92	92	62provide said information regarding number of children receiving specific special education
93	93	63services when the department provides school committees with an online web-based IEP
94	94	64application aligned with the special education services requiring reporting under this section.
95	95	65 SECTION 4. Section 6 of Chapter 71B of the General Laws, as appearing in the 2018
96	96	66Official Edition, is hereby amended by inserting after the first sentence the following sentences: -
97	97	67School committees shall also annually report to the department, pursuant to regulations
98	98	68promulgated by the department, delivery of specific special education services by each major
99	99	69racial and ethnic group, sex, economic status, and English learner status of children by age level,
100	100	70including but not limited to delivery of: each related service; assistive technology, including but
101	101	71not limited to augmentative and alternative communication; supplementary aids and services;
102	102	72positive behavioral interventions and supports; behavioral intervention plans; vocational
103	103	73education; travel training; and community-based transition services. This annual reporting by
104	104	74school committees to the department shall only be required when the department provides school
105	105	75committees with an online web-based IEP application aligned with the special education services
106	106	76requiring reporting under this section. This information shall be cross-tabulated by, at a
107	107	77minimum, the following: each major racial and ethnic group; sex; economic status; and English
108	108	78learner status. The information shall be presented statewide and also disaggregated by school 5 of 5
109	109	79committee, charter school, and individual school in a manner that is anonymized and does not
110	110	80reveal personally identifiable information about an individual student.
111	111	81 SECTION 5. The second sentence of said section 6 of Chapter 71B of the General Laws,
112	112	82as so appearing, is hereby amended by inserting after the word “assignment” the following
113	113	83words: - or pattern of delivery of the aforementioned specific special education services.
114	114	84 SECTION 6. The second sentence of said section 6 of Chapter 71B of the General Laws,
115	115	85as so appearing, is hereby further amended by inserting after the words “substantially
116	116	86disproportionate from the distribution” the following words: - or if there is a statistically
117	117	87significant increase in the rates of assignment of students with disabilities to substantially
118	118	88separate classrooms for any racial or ethnic group in any of the five years following the
119	119	89Governor’s Declaration of a State of Emergency due to COVID-19 in March 2020, as compared
120	120	90to the 2018-19 school year.