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