Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S274 Compare Versions

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22 SENATE DOCKET, NO. 1697 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 274
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Paul R. Feeney
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to improve access, opportunity, and capacity in Massachusetts vocational-technical
1313 education.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkJacob R. OliveiraHampden, Hampshire and Worcester1/20/2023Adam Scanlon14th Bristol1/25/2023Susan Williams Gifford2nd Plymouth2/1/2023Michael F. RushNorfolk and Suffolk2/1/2023Michael O. MooreSecond Worcester2/2/2023John J. CroninWorcester and Middlesex2/3/2023Paul W. MarkBerkshire, Hampden, Franklin and
1717 Hampshire
1818 2/6/2023Robyn K. KennedyFirst Worcester2/6/2023Anne M. GobiWorcester and Hampshire2/8/2023Mark C. MontignySecond Bristol and Plymouth2/8/2023Carmine Lawrence Gentile13th Middlesex2/8/2023Julian CyrCape and Islands2/10/2023Edward R. Philips8th Norfolk2/10/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/16/2023James B. EldridgeMiddlesex and Worcester2/16/2023 2 of 2
1919 John C. VelisHampden and Hampshire2/16/2023Steven George Xiarhos5th Barnstable2/20/2023Michael D. BradySecond Plymouth and Norfolk3/1/2023Sal N. DiDomenicoMiddlesex and Suffolk3/9/2023 1 of 9
2020 SENATE DOCKET, NO. 1697 FILED ON: 1/19/2023
2121 SENATE . . . . . . . . . . . . . . No. 274
2222 By Mr. Feeney, a petition (accompanied by bill, Senate, No. 274) of Paul R. Feeney, Jacob R.
2323 Oliveira, Adam Scanlon, Susan Williams Gifford and other members of the General Court for
2424 legislation to improve access, opportunity, and capacity in Massachusetts vocational-technical
2525 education. Education.
2626 The Commonwealth of Massachusetts
2727 _______________
2828 In the One Hundred and Ninety-Third General Court
2929 (2023-2024)
3030 _______________
3131 An Act to improve access, opportunity, and capacity in Massachusetts vocational-technical
3232 education.
3333 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3434 of the same, as follows:
3535 1 SECTION 1. To create a new capital infrastructure and investment tool within the
3636 2Massachusetts School Building Authority, established under section 1A of Chapter 70, to
3737 3provide for a program of capital investments for vocational-technical education programs and
3838 4regional vocational-technical schools, as defined in Chapter 74 of the General Laws, for
3939 5investment in equitable access to public education and industry-relevant workforce and
4040 6economic development infrastructure; to support greater access to vocational-technical education
4141 7programs and regional vocational-technical schools as defined in Chapter 74; to fund
4242 8replacement and renovation of school infrastructure to meet workforce demands of regional
4343 9employers and increase equitable access for all students applying to Chapter 74 programs and
4444 10schools; and to support the purchase of critical training equipment for the purposes of teaching
4545 11and learning, the sums set forth in this section, for the purposes and subject to the conditions 2 of 9
4646 12specified in this act, are hereby made available, subject to the laws regulating the disbursement
4747 13of public funds, which sums shall be in addition to any other amounts previously appropriated
4848 14for these purposes; provided, that the amounts specified for a particular project may be adjusted
4949 15in order to facilitate projects authorized in this act. For costs associated with initiatives, projects
5050 16and expenditures to replace or make improvements to the quality, consistency, efficiency and
5151 17delivery of any Chapter 74 program or regional school for the benefit of the public high school
5252 18students in Chapter 74 programs and regional school districts and their preparation for post-
5353 19secondary and career opportunities.……….………………$3,000,000,000
5454 20 SECTION 2. Section 10 of Chapter 70B of the General Laws, as appearing in the 2020
5555 21Official Edition, is hereby amended by adding the following new subsection:
5656 22 (d) Notwithstanding any state law, state regulation or agency policy to the contrary, the
5757 23authority shall be authorized and directed to add twenty (20) percentage points to the project
5858 24reimbursement rates for regional vocational-technical high school and county, regional and
5959 25independent agricultural high school construction so that reimbursement rates for such projects
6060 26are not less than 75% nor more than 90% of the eligible costs. Further, the authority shall add
6161 27five (5) percentage points to the reimbursement rate for any project that includes state-approved
6262 28vocational-technical education programs as defined in Chapter 74 of the General Laws aligned
6363 29with priorities specifically identified in the Regional Labor Market Blueprint for the region in
6464 30which the school is located. However, additional percentage points shall not be awarded unless
6565 31the school currently offers five (5) or more Chapter 74 programs. In no case shall the total
6666 32reimbursement for a project exceed 90% of eligible costs. 3 of 9
6767 33 Funds for this Section shall come from revenue generated by the Fair Share Amendment
6868 34passed by voters in November of 2022 and which amended Article XLIV of the Massachusetts
6969 35Constitution.
7070 36 SECTION 3. Section 21C of Chapter 59 of the General Laws, as appearing in the 2020
7171 37Official Edition, is hereby amended by adding after subsection (n) the following new
7272 38subsection:- (o) The local appropriating authority may, by accepting this paragraph, provide that
7373 39taxes may thereafter be assessed in excess of the amount otherwise allowed by this section,
7474 40solely for payment, in whole or in part, of debt service charges incurred for the construction of a
7575 41regional-vocational technical high school that the school board responsible for determining the
7676 42debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local
7777 43taxes.
7878 44 SECTION 4. Chapter 69 of the Massachusetts General Laws is hereby amended by
7979 45adding the following section:-
8080 46 Section 37. For the purposes of sections 38 through 42, inclusive, the following terms
8181 47 shall have the following meanings, unless the context clearly requires otherwise:-
8282 48 “Office”, shall mean the office of vocational-technical education.
8383 49 “District of residence”, shall mean the school district of the city or town where a student
8484 50resides.
8585 51 “School of residence”, shall mean the middle school or junior high school a student
8686 52attends within their district of residence. 4 of 9
8787 53 Section 38. (a) There is hereby established within the department of elementary and
8888 54secondary education an office of vocational-technical education whose purpose is to develop and
8989 55implement policies and promulgate regulations to promote, enhance, and expand vocational-
9090 56technical education programs, as defined in Chapter 74 of the General Laws, in the
9191 57commonwealth.
9292 58 (b) The office shall:
9393 59 (i) oversee all Chapter 74 approved programs and ensure compliance with M.G.L.
9494 60Chapter 74 and related regulations;
9595 61 (ii) establish a statewide marketing campaign to promote the success of vocational-
9696 62technical education and careers in Massachusetts and to raise the level of awareness and
9797 63understanding of such education among parents, students, businesses, labor unions, and the
9898 64general public;
9999 65 (iii) work to increase awareness of vocational-technical education and career
100100 66opportunities among students in elementary schools, junior high schools, and middle schools;
101101 67 (iv) ensure that schools offering Chapter 74 programs are provided reasonable access
102102 68during the school day at schools of residence to meet with all students and distribute information
103103 69about vocational-technical education and careers to said students, including English language
104104 70learners, students with disabilities, students of color, and other student populations, to ensure that
105105 71such information is provided equitably to all learners;
106106 72 (v) ensure that schools offering Chapter 74 programs are given the opportunity during the
107107 73school day to host middle school tours, with transportation costs paid by the school hosting the 5 of 9
108108 74tour, for all middle school students in member communities, including English language
109109 75learners, students with disabilities, students of color, and other student populations to ensure that
110110 76such opportunities are provided equitably to all learners; and further ensure that the school of
111111 77residence may not count middle school student tours of vocational schools or programs during
112112 78the school day as unexcused absences if the vocational school or program confirms the student's
113113 79participation, and may not unreasonably withhold student access to tours of vocational schools
114114 80and programs during the school day.
115115 81 (vi) require that schools offering Chapter 74 programs are given the opportunity to
116116 82provide middle and junior high school students with information about vocational-technical
117117 83programs and careers through mail and email.
118118 84 (vii) require all middle schools and junior high schools in member communities to
119119 85establish and implement a Chapter 74 Access Policy, in accordance with state requirements
120120 86promoting equitable access to Chapter 74 programs, outlining specific ways in which the middle
121121 87schools will collaborate with regional vocational-technical high schools and agricultural high
122122 88schools to:
123123 89 (a) provide staff members from Chapter 74 schools with direct school day access to all
124124 90middle school students, to inform them about opportunities in vocational-technical and
125125 91agricultural education and to distribute materials about such opportunities to them;
126126 92 (b) provide all middle school students an opportunity to tour, during regular middle
127127 93school hours, the regional vocational-technical high school and/or county agricultural school of
128128 94which the middle school’s city or town is a member, with the transportation costs of all such
129129 95tours being borne by the school hosting the tours; 6 of 9
130130 96 (c) provide contact information for all seventh-grade and eighth-grade middle school
131131 97students, including a student’s name and mailing address, a student’s personal email address, and
132132 98the parent’s/guardian’s email address by October 15 of each school year;
133133 99 (viii) establish, in addition to the minimum requirements outlined in the preceding
134134 100subsections, such additional requirements for Chapter 74 Access Policies as the office deems
135135 101reasonable and necessary to promote equitable access by all students to information about
136136 102vocational-technical and agricultural education;
137137 103 (ix) require all sending school districts which are members of a regional-vocational
138138 104school district or whose community is located in the county or district of an agricultural high
139139 105school to:
140140 106 (a) submit the Chapter 74 Access Policy annually to the office;
141141 107 (b) annually attest in writing that the Chapter 74 Access Policy is being implemented
142142 108equitably and that all students are being provided with information, access, and tours in
143143 109accordance with this section and with federal and state civil rights laws, regulations, and policies;
144144 110 (c) post the Chapter 74 Access Policy on its district website and provide written copies to
145145 111students and parents, upon request;
146146 112 (x) create a mechanism to enforce timely implementation of Chapter 74 Access Policies;
147147 113 (xi) establish a system to ensure that students who live in communities that are not
148148 114members of or affiliated with a regional vocational-technical high school district or agricultural
149149 115high school annually are provided with information about their high school options, including
150150 116their option to seek an education in a vocational-technical or agricultural high school; 7 of 9
151151 117 (xii) support the attainment of Industry Recognized Credentials in Chapter 74 programs;
152152 118 (xiii) support the use of both longitudinal and pre- and post-student assessment as a
153153 119means of obtaining meaningful data for curricular improvement. Data may be utilized for
154154 120facilities improvement, equipment investments, mission success, and professional development;
155155 121 (xiv) encourage and work to increase the use of articulation agreements with community
156156 122colleges and public universities and other dual credit programs to allow vocational-technical
157157 123students to earn credit leading to an associate’s or bachelor’s degree;
158158 124 (xv) provide technical support to schools seeking to offer Chapter 74 programs that meet
159159 125regional labor market demands and do not duplicate existing programs in the region;
160160 126 (xvi) support the continuation of state grant programs that provide funding for equipment
161161 127purchases and facility expansion; and
162162 128 (xvii) support the continuation of demonstration programs that provide opportunities in
163163 129vocational-technical education for students unable to secure a seat in an approved Chapter 74
164164 130program due to lack of enrollment capacity.
165165 131 SECTION 5. Section 3A of Chapter 70B of the General Laws, as appearing in the 2020
166166 132Official Edition, is hereby amended by striking the number “17” and inserting “19” in place
167167 133thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the
168168 134following:- “, Massachusetts Association of Vocational Administrators, Inc., Alliance for
169169 135Vocational Technical Education,”
170170 136 SECTION 6. Chapter 70 of the General Laws is hereby amended by inserting the
171171 137following new section: -- 8 of 9
172172 138 Section 10A. Expansion Grants for Regional Vocational-Technical Schools
173173 139 (a) In addition to the funding otherwise provided pursuant to this chapter, any regional or
174174 140county vocational or agricultural school shall, subject to appropriation, receive a one-year
175175 141expansion grant in any fiscal year in which its foundation enrollment increases by more than two
176176 142percent over its foundation enrollment for the previous fiscal year.
177177 143 (b) The amount of said expansion grant shall be calculated by multiplying the number of
178178 144additional students in its foundation enrollment, over its foundation enrollment for the previous
179179 145fiscal year, by its per-student foundation budget amount. The per-student foundation budget
180180 146amount shall be calculated by dividing the district’s foundation budget amount for the current
181181 147year by its foundation enrollment for the prior fiscal year.
182182 148 (c) The department shall annually solicit information from all regional and county
183183 149vocational and agricultural schools as needed to estimate the amounts required to fund expansion
184184 150grants in the coming fiscal year for all such schools, and the department shall request
185185 151appropriation of the amount required to fully fund such expansion grants.
186186 152 (d) If the amount appropriated for expansion grants in a fiscal year is less than the amount
187187 153required to fully fund such grants, then each eligible regional or county vocational or agricultural
188188 154school shall receive a share of the appropriated funds proportional to the share that its expansion
189189 155grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants
190190 156for all schools, pursuant to said subsection.
191191 157 SECTION 7. Notwithstanding any general or special law to the contrary, to meet the
192192 158expenditures necessary in carrying out section 1, the state treasurer shall, upon receipt of a
193193 159request by the governor, issue and sell bonds of the Commonwealth in an amount to be specified 9 of 9
194194 160by the governor from time to time but not exceeding, in the aggregate, $3,000,000,000. All
195195 161bonds issued by the commonwealth, as aforesaid, shall be designated on their face
196196 162Commonwealth Vocational-Technical Education Expansion Act of 2023, and shall be issued for
197197 163a maximum term of years, not exceeding 30 years, as the governor may recommend to the
198198 164general court pursuant to section 3 of Article LXII of the Amendments to the Constitution;
199199 165provided, however, that all such bonds shall be payable not later than June 30, 2057. All interest
200200 166and payments on account of principal on such obligations shall be payable from the General
201201 167Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
202202 168any other provision of this act, be general obligations of the Commonwealth.