Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S311 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 1831       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 311
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
_________________
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 relative to educator diversity.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexManny Cruz7th Essex1/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Thomas M. Stanley9th Middlesex2/3/2023Sal N. DiDomenicoMiddlesex and Suffolk2/13/2023Michael O. MooreSecond Worcester2/15/2023Vanna Howard17th Middlesex2/27/2023 1 of 6
SENATE DOCKET, NO. 1831       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 311
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 311) of Jason M. Lewis, Manny 
Cruz, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for 
legislation relative to educator diversity. Education.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4539 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to educator diversity.
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. Section 38G of chapter 71 of the General Laws is hereby amended by 
2inserting after paragraph 13, ending with the words “approved provisional educator preparation 
3program”, the following paragraph:- 
4 The department shall, in consultation with relevant stakeholders, develop an additional 
5process for granting educator certification that may be used as an alternative to the testing 
6requirements contained in this section. This process shall include consideration of factors such as 
7whether a candidate has: obtained certification in another state approved by the department; 
8completed a satisfactory portfolio of items that may include student feedback or competency-
9based projects; or obtained a master’s degree or doctorate from an accredited institution. The 
10department may use the results of the alternative assessment pilot authorized by 603 CMR  2 of 6
117.04(e) to inform the development of the alternative licensure process required by this paragraph. 
12The department shall conduct an annual evaluation of the alternative licensure process to 
13determine its effects on candidates of diverse backgrounds. This section shall take effect no later 
14than June 1, 2024.
15 SECTION 2. Said chapter 71 of the General Laws is hereby amended by inserting after 
16section 38G ½ the following section:-
17 Section 38G ¾ (a) To promote a diverse educator workforce, the department shall:
18 (i) Establish guidelines for plans to increase racial and ethnic diversity among teaching, 
19administration and staff positions in public schools and districts. These guidelines shall include, 
20at a minimum, recommended policies designed to help schools or districts: (1) identify and 
21eliminate discriminatory barriers to hiring and learning in a school or district; (2) remedy the 
22effects of past discriminatory practices; (3) identify, recruit, and hire employees who are 
23members of under-represented groups; (4) develop, promote, and retain employees who are 
24members of under-represented groups; and (5) ensure equal opportunity in employment for 
25educators. In developing these guidelines, the department shall consult with experts and school 
26leaders from public schools or districts that have experienced significant increases in hiring and 
27retaining racially and ethnically diverse educators.
28 Each public school or district shall set a corresponding policy that conforms with the 
29department's guidelines. Such plans shall set forth specific goals and timetables for achievement, 
30shall comply with all applicable state and federal laws, and shall be updated, at a minimum, 
31every 3 years. 3 of 6
32 (ii) Establish a process for reviewing plans based on clearly defined criteria. A public 
33school or district shall amend any plan deemed not to conform with the requirements of this 
34section. A public school or district shall be deemed to have satisfied the requirements of this 
35section if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 of the 
36General Laws, as amended by chapter 132 of the acts of 2019, or in any other strategic plan 
37developed by the district. 
38 (iii) Establish periodic reporting requirements for schools and districts concerning the 
39implementation of their plans and all actions taken to ensure compliance with this section and 
40applicable state and federal laws. These reporting requirements shall be incorporated into 
41existing reporting mechanisms and schedules where feasible.
42 (iv) Assist schools and districts in complying with their plans and applicable federal and 
43state laws.
44 (v) Require approved educator preparation programs to implement plans to increase the 
45racial and ethnic diversity of program completers. These plans shall be required as part of the 
46educator preparation program approval process and the department shall make each program’s 
47plan publicly available. The department shall establish guidelines for educator preparation 
48program diversity plans.
49 (b) The board of elementary and secondary education shall review compliance with these 
50plans and policies on a regular basis and may provide further recommendations regarding 
51educator diversity. 4 of 6
52 SECTION 3. Section 18 of Chapter 74, as appearing in the 2018 Official Edition, is 
53hereby amended by striking the first paragraph and inserting in place thereof the following 
54paragraph:- 
55 The state board shall establish basic competency-based vocational-technical teacher 
56training standards which shall serve as the fundamental, pedagogical requirements for beginning 
57vocational-technical instructors. The board shall further require that all persons seeking to meet 
58the board's requirements shall have successfully passed performance and written tests in areas as 
59determined by the board or shall have satisfied alternative measures of proficiency established by 
60the board and shall have successfully completed an approved seminar on teaching skills and 
61methods.
62 SECTION 4: (a) Notwithstanding any general or special law to the contrary, the 
63department shall set measurable educator diversity goals for the state and collect and report 
64publicly statewide educator diversity data. The data shall be reported in an online dashboard 
65created in consultation with the board of elementary and secondary education. The data shall 
66include but not be limited to the hiring and retention of diverse educators, the racial 
67demographics of educators who complete Massachusetts state educator preparation programs, 
68and teacher qualification data from school and district report cards. The department shall report 
69annually to the board of elementary and secondary education on state educator diversity data and 
70goals. The department shall also submit a report on the state of educator diversity to the clerks of 
71the senate and house of representatives no later than June 30th on an annual basis. 
72 (b) Each public school or district shall collect and report educator diversity data publicly 
73in a manner prescribed by the department; provided that the department shall utilize existing  5 of 6
74reporting mechanisms and schedules to collect educator diversity data and outcomes and shall 
75annually present both to the school committee. The data reported pursuant to this paragraph shall 
76include information regarding the achievement of goals set pursuant to subsection (a)(i) of 
77section 38G ¾ of chapter 71 of the General Laws.
78 SECTION 5: (a) Each public school or district shall appoint or hire a diversity, equity, 
79and inclusion officer(s) or establish a diversity team, referred to in this section as a diversity 
80officer or team. The role and responsibilities of a diversity officer or team may be assigned to an 
81existing school employee or existing school entity. A diversity officer or team shall report 
82directly to the superintendent. Diversity officers or teams shall coordinate their school district’s 
83compliance with the requirements of this section and applicable federal and state laws. Should a 
84district have a diversity officer or team already in place, that shall satisfy the requirement of this 
85section. 
86 (c) Each public school or district shall establish a process for advising the school 
87committee or board of trustees on matters of diversity, equity, and inclusion in the school district. 
88This process may include establishing an educator diversity council consisting of educators, 
89administrators, and students, which shall meet regularly with the superintendent or the diversity 
90officer or teams and the school committee or board of trustees. The school committee or board of 
91trustees may appoint a member of the committee to serve as an ex-officio member of the 
92educator diversity council. 
93 (d) Pursuant to guidelines established by the department, all superintendents, school 
94committee members, district leaders, principals and school district employees shall attend annual 
95diversity and implicit bias training.  6 of 6
96 SECTION 6. The board of elementary and secondary education shall promulgate rules 
97and regulations to implement the requirements of this act. Such regulations shall include a 
98schedule for public schools and districts to meet the planning and reporting requirements of this 
99act, provided that such schedule shall prioritize implementation for schools and districts that 
100have significant disparities between educator and student demographics, according to race and 
101ethnicity.
102 SECTION 7. The department of elementary and secondary education shall establish an 
103educator diversity grant program, subject to appropriation, which shall provide grants to assist 
104public schools and districts with the establishment of programs to increase educator diversity. 
105Grant funds may be used for purposes including but not limited to the development, in 
106collaboration with institutions of higher education, of in-house teacher residency programs or 
107pathways focused on recruiting, developing, and supporting educators who are members of 
108under-represented groups. This grant program will also support other promising practices to 
109increase the recruitment and retention of diverse educators. The department shall periodically 
110report to the joint committee on education and the house and senate committees on ways and 
111means on the impact of the grant program, including the expenditure of funds by schools and an 
112analysis of the types of programs or initiatives created by said funds.