Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2807 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2807
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, June 6, 2024.
8	8	The committee on Education, to whom was referred the petitions (accompanied by
9	9	resolve, Senate, No. 241) of Joanne M. Comerford that provisions be made for an investigation
10	10	and study by a special commission (including members of the General Court) relative to special
11	11	education funding reform; (accompanied by bill, Senate, No. 249) of Cynthia Stone Creem and
12	12	Vanna Howard for legislation to ensure equitable access to education, including special
13	13	education services, for all students in Massachusetts; (accompanied by bill, Senate, No. 269) of
14	14	Ryan C. Fattman for legislation to prevent discrimination in interscholastic athletic and
15	15	extracurricular activities; (accompanied by bill, Senate, No. 324) of Patrick M. O'Connor for
16	16	legislation relative to accommodations for special needs students taking the MCAS examination;
17	17	(accompanied by resolve, Senate, No. 332) of Jacob R. Oliveira, Adam Scanlon, Lydia Edwards,
18	18	Patrick M. O'Connor and other members of the General Court that provisions be made for an
19	19	investigation and study by a special commission (including members of the General Court)
20	20	relative to the long-term fiscal health and sustainability of special education in the
21	21	Commonwealth; and (accompanied by bill, Senate, No. 356) of Bruce E. Tarr for legislation
22	22	relative to conduct a study on the delivery of special education services, report the accompanying
23	23	bill (Senate, No. 2807).
24	24	For the committee,
25	25	Jason M. Lewis 1 of 6
26	26	FILED ON: 5/24/2024
27	27	SENATE . . . . . . . . . . . . . . No. 2807
28	28	The Commonwealth of Massachusetts
29	29	_______________
30	30	In the One Hundred and Ninety-Third General Court
31	31	(2023-2024)
32	32	_______________
33	33	An Act relative to special education.
34	34	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
35	35	of the same, as follows:
36	36	1 SECTION 1. (a) Notwithstanding section 17 of chapter 132 of the acts of 2019, or any
37	37	2general or special law to the contrary, the data advisory commission established pursuant to said
38	38	3section 17 of chapter 132 of the acts of 2019 shall study and make recommendations within their
39	39	4annual report on the rationale and capacity of the department of elementary and secondary
40	40	5education to publish and report:
41	41	6 (i) student-specific data provided by school committees and charter schools pursuant to:
42	42	7section 1I of Chapter 69; sections 37G, 37H, 37O, 37P, and 89 of Chapter 71 of the General
43	43	8Laws; sections 3 and 7 of Chapter 71A of the General Laws; section 6 of Chapter 71B of the
44	44	9General Laws; section 2A of Chapter 72 of the General Laws; statewide assessment data utilized
45	45	10as a basis for competency determinations pursuant to section 1D of chapter 69 of the General
46	46	11Laws; and any other data required by the United States Department of Education;
47	47	12 (ii) said data in subsection (i) in a manner that can be cross-tabulated by: each major
48	48	13racial and ethnic group; gender; low income status; high needs status; English learner status; and 2 of 6
49	49	14category of disability, if applicable; and presented statewide and also disaggregated by school
50	50	15district and individual school in a manner that is anonymized and does not reveal personally
51	51	16identifiable information about any individual student;
52	52	17 (iii) the number of children, by grade level, within each disability category receiving
53	53	18specific special education services, including but not limited to: each related service; assistive
54	54	19technology, including but not limited to augmentative and alternative communication;
55	55	20supplementary aids and services; behavioral intervention plans; vocational education; travel
56	56	21training; and community-based transition services;
57	57	22 (iv) said data in subsection (iii) that can be cross-tabulated by each major racial and
58	58	23ethnic group; gender; low income status; high needs status; and English learner status of children
59	59	24by age level, including but not limited to delivery of: each related service; assistive technology,
60	60	25including but not limited to augmentative and alternative communication; supplementary aids
61	61	26and services; behavioral intervention plans; vocational education; travel training; and
62	62	27community-based transition services; provided, that said information shall be presented
63	63	28statewide and also disaggregated by school district and individual school in a manner that is
64	64	29anonymized and does not reveal personally identifiable information about any individual student;
65	65	30and
66	66	31 (v) whether there is a statistically significant increase in the rates of assignment of
67	67	32students with disabilities to substantially separate classrooms for any racial or ethnic group
68	68	33compared to the average of the prior 3 years.
69	69	34 (b) The department shall publish the data that is determined by the data advisory
70	70	35commission to have rationale to be published, be within the department’s capacity, and does not 3 of 6
71	71	36reveal personally identifiable information about any individual student beginning with data
72	72	37collected from the 2027-2028 school year. The department shall report all categories of data that
73	73	38the department determines cannot be publicly disclosed and does not reveal personally
74	74	39identifiable information about any individual student to the clerks of the house of representatives
75	75	40and the senate, the house and senate committees on ways and means, and the joint committee on
76	76	41education, including an explanation for the reason these data are not able to be published
77	77	42publicly.
78	78	43 SECTION 2. Section 1B of chapter 69 of the General Laws, as so appearing, is hereby
79	79	44amended by inserting after the seventh paragraph the following paragraph:-
80	80	45 The board shall annually publish a supplemental report containing student achievement
81	81	46data for each approved private day or residential special education school or program. The data
82	82	47shall include student performance on the statewide assessment system approved by the board
83	83	48under section 1I.
84	84	49 SECTION 3. Section 1I of said chapter 69, as so appearing, is hereby further amended by
85	85	50striking out, in line 250, the word “and”.
86	86	51 SECTION 4. Said section 1I of said chapter 69, as so appearing, is hereby further
87	87	52amended by inserting after the word “learners”, in line 252, the following words:- ; and (i) the
88	88	53number of children, by grade level, within each disability category receiving specific special
89	89	54education services, including but not limited to: each related service, as defined in 20 U.S.C.
90	90	551400 et seq; assistive technology, including but not limited to augmentative and alternative
91	91	56communication; supplementary aids and services; behavioral intervention plans; vocational
92	92	57education; travel training; and community-based transition services. 4 of 6
93	93	58 SECTION 5. Section 6 of said chapter 71B, as so appearing, is hereby further amended
94	94	59by inserting after the word “assignment”, in line 6, the following words:- or pattern of delivery of
95	95	60specific special education services.
96	96	61 SECTION 6. Said chapter 71B of the General Laws is hereby amended by inserting after
97	97	62section 10 the following new section:-
98	98	63 Section 10A. Each private special education school or program that enrolls students
99	99	64funded by the commonwealth or its political subdivisions shall file annual reports with the
100	100	65department of elementary and secondary education. Each approved private special education
101	101	66school or program and special education school that enrolls students funded by the
102	102	67commonwealth shall annually prepare financial statements, including: (1) a statement of net
103	103	68assets; (2) a statement of revenues, expenditures, and changes in net assets; and (3) such
104	104	69supplemental statements and schedules that may be required by the department. Each school or
105	105	70program shall annually conduct an audit which shall include, but not be limited to, its financial
106	106	71statements consistent with the generally accepted governmental auditing standards. Each school
107	107	72or program shall file a report with the audit and any related management letters annually on or
108	108	73before January 1 for the previous fiscal year with the department and the state auditor and shall
109	109	74submit a copy of the audit report and any related management letters to each school district that
110	110	75enrolled students in the private special education school during the period covered by the audit
111	111	76report.
112	112	77 The audited financial statements, accompanying notes and schedules shall disclose, but
113	113	78not be limited to: (1) transactions between the private special education school and any related
114	114	79for profit or non-profit organization; (2) transactions or contracts related to the purchase, sale or 5 of 6
115	115	80lease of real estate property; (3) the names, duties and total compensation of the 5 most highly
116	116	81compensated employees; (4) the amounts expended on administration and overhead; (5)
117	117	82information on programs and services provided by the school, including the cost effectiveness of
118	118	83such programs and services; and (6) any other items that may be required by regulation.
119	119	84 SECTION 7. Notwithstanding any general or special law to the contrary, the secretary of
120	120	85education shall, in consultation with the department of elementary and secondary education, the
121	121	86department of early education and care, and the operational services division, study and make
122	122	87recommendations regarding the oversight of approved private day or residential special
123	123	88education schools or programs.
124	124	89 The recommendations shall provide information on topics including, but not limited to:
125	125	90(1) best practices of licensing, monitoring and oversight of approved private day or residential
126	126	91special education schools or programs; (2) the collection of data related to providing appropriate
127	127	92educational programming; (3) the collection of data related to providing the most appropriate
128	128	93services to students in approved private day or residential special education schools or programs;
129	129	94(4) consideration of the relevant aspects of the statute governing education collaboratives, as
130	130	95defined in section 4E of Chapter 40, and their potential application to approved private day or
131	131	96residential special education schools or programs; (5) the collection of data relevant to the
132	132	97structure for congregate care for students and review of the appropriate agency placement
133	133	98policies; and (6) best practices for workforce development, including but not limited to staffing
134	134	99models, trainings, and professional development. In developing recommendations, the secretary
135	135	100of education, the department of elementary and secondary education, the department of early
136	136	101education and care, and the operational services division shall consult with and solicit input from
137	137	102various persons and groups, including but not limited to, the department of developmental 6 of 6
138	138	103services; the division of local services; the Massachusetts Association of Approved Special
139	139	104Education Schools; the executive directors of approved private day or residential special
140	140	105education schools or programs of varying size and scope throughout the commonwealth;
141	141	106organizations representing individuals with developmental disabilities; district directors of
142	142	107special education throughout the commonwealth; organizations representing children with
143	143	108disabilities and their parent or legal guardian; and associations representing special education
144	144	109administrators and other education administrators, school officials, and municipal officials.
145	145	110 The secretary of education shall file a report, including any analysis or recommendations,
146	146	111with the clerks of the house of representatives and senate not later than 12 months following the
147	147	112passage of this act.