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