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| 2 | 2 | | SENATE DOCKET, NO. 2250 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 347 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rebecca L. Rausch |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act modernizing the board of elementary and secondary education. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexJames B. EldridgeMiddlesex and Worcester2/14/2023 1 of 5 |
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| 16 | 16 | | SENATE DOCKET, NO. 2250 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 347 |
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| 18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 347) of Rebecca L. Rausch and |
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| 19 | 19 | | James B. Eldridge for legislation to modernize the board of elementary and secondary education. |
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| 20 | 20 | | Education. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act modernizing the board of elementary and secondary education. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Chapter 15 of the General Laws, as appearing in the 2020 Official Edition, |
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| 30 | 30 | | 2is hereby amended by striking out section 1E and inserting in place thereof the following |
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| 31 | 31 | | 3section:- |
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| 32 | 32 | | 4 Section 1E. (a) As used in this chapter, the following words shall have the following |
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| 33 | 33 | | 5meanings unless the context clearly requires otherwise: |
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| 34 | 34 | | 6 “Board”, board of elementary and secondary education. |
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| 35 | 35 | | 7 “Commissioner”, commissioner of elementary and secondary education. |
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| 36 | 36 | | 8 “Council”, student advisory council to the board. |
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| 37 | 37 | | 9 “Secretary”, secretary of education. 2 of 5 |
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| 38 | 38 | | 10 (b) There is hereby established a board of elementary and secondary education for the |
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| 39 | 39 | | 11purpose of providing oversight over the decisions, actions, and inactions of the commissioner |
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| 40 | 40 | | 12and consisting of the following members: the secretary or their designee; the chair of the student |
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| 41 | 41 | | 13advisory council established under this section; the president of the Massachusetts Teachers |
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| 42 | 42 | | 14Association or their designee; the president of the American Federation of Teachers – |
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| 43 | 43 | | 15Massachusetts or their designee; the president of the Boston Teachers Union or their designee; |
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| 44 | 44 | | 16the president of the Massachusetts association of school superintendents or their designee; the |
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| 45 | 45 | | 17president of the Massachusetts association of vocational administrators or their designee; the |
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| 46 | 46 | | 18president of the Massachusetts school nurse organization or their designee; the executive director |
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| 47 | 47 | | 19of MassEquality or their designee; 4 members appointed by the attorney general, 1 of whom |
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| 48 | 48 | | 20shall be a school committee member from a town in the commonwealth, 1 of whom shall be a |
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| 49 | 49 | | 21representative of a labor organization from a list of 3 nominees provided by the Massachusetts |
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| 50 | 50 | | 22AFL-CIO, 1 of whom shall be a school counselor, and 1 of whom shall be affiliated with a public |
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| 51 | 51 | | 23institution of higher education located within the commonwealth who shall not be a member of |
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| 52 | 52 | | 24the board of higher education; and 4 members appointed by the state auditor, 1 of whom shall be |
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| 53 | 53 | | 25a school committee member from a city in the commonwealth, 1 of whom shall be a school |
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| 54 | 54 | | 26social worker, 1 of whom shall be a parent of a student in a public elementary or secondary |
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| 55 | 55 | | 27school who may be selected in consultation with the Massachusetts parent teacher association, |
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| 56 | 56 | | 28and 1 of whom shall be an early education and care provider. Diversity shall be prioritized in |
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| 57 | 57 | | 29said appointments, including racial, gender, sexual orientation, economic, and regional |
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| 58 | 58 | | 30diversification. |
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| 59 | 59 | | 31 (c) At the first meeting of the board in every even-numbered year, or as otherwise |
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| 60 | 60 | | 32required, the board shall elect from its membership a chair who shall serve until a new chair is 3 of 5 |
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| 61 | 61 | | 33selected. The chair shall be elected by majority vote. Members of the board who are employed |
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| 62 | 62 | | 34on a full-time basis by the commonwealth shall be ineligible to serve as chair. |
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| 63 | 63 | | 35 (d) The board shall meet no fewer than 10 times annually at the call of the chair. |
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| 64 | 64 | | 36 (e) Appointed board members shall serve for 5-year terms, and no person shall be |
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| 65 | 65 | | 37appointed to serve more than 2 full terms. Prior service on the board for a term of less than 3 |
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| 66 | 66 | | 38years shall not be counted as a full term. Any member who is absent from any 4 regularly |
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| 67 | 67 | | 39scheduled monthly meetings in any calendar year shall be deemed to have vacated their seat. |
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| 68 | 68 | | 40Vacancies shall be filled consistent with the requirements of section 10 of chapter 30. The board |
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| 69 | 69 | | 41chair shall notify the speaker of the house or the president of the senate, as appropriate, of any |
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| 70 | 70 | | 42vacancy. |
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| 71 | 71 | | 43 (f) Board members shall be reimbursed for their necessary expenses incurred in the |
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| 72 | 72 | | 44performance of their duties. Board members shall not be compensated for their service. |
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| 73 | 73 | | 45 (g) No board member employed by the commonwealth shall be found to be in violation |
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| 74 | 74 | | 46of section 6 of chapter 268A for performance of their duties as a board member; provided, |
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| 75 | 75 | | 47however, that any financial interest relevant to any board action is disclosed to the board and |
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| 76 | 76 | | 48recorded in the minutes prior to action taken. |
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| 77 | 77 | | 49 (h) (1) There is hereby established a student advisory council to the board, consisting of |
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| 78 | 78 | | 50four elected representatives from each student regional council established under the provisions |
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| 79 | 79 | | 51of this section, at least one of whom shall be a student in a vocational secondary school. 4 of 5 |
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| 80 | 80 | | 52 (2) The council members shall elect a chairperson each year at the meeting immediately |
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| 81 | 81 | | 53prior to the first day of June. The council chair shall be elected by majority vote and serve for a |
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| 82 | 82 | | 54term of one year. |
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| 83 | 83 | | 55 (3) The council shall meet at least quarterly and otherwise at the call of the chair or a |
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| 84 | 84 | | 56majority of the council members and shall consider such matters as the council deems |
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| 85 | 85 | | 57appropriate for the chair to place before the board. |
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| 86 | 86 | | 58 (i) There are hereby established not less than 5 nor more than 15 student regional |
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| 87 | 87 | | 59councils, designated by geography and whose membership shall be limited to elected student |
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| 88 | 88 | | 60representatives from the secondary schools of the commonwealth who have been residents of the |
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| 89 | 89 | | 61commonwealth for at least six months prior to their election. Said student regional councils shall |
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| 90 | 90 | | 62consist of not less than twenty nor more than forty-five student representatives. |
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| 91 | 91 | | 63 (ii) No person shall be eligible to be elected to a student regional council unless at the |
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| 92 | 92 | | 64time of their election is enrolled as a student in a secondary school within the commonwealth. If |
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| 93 | 93 | | 65at any time during their term of office a member of a student regional council ceases to be so |
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| 94 | 94 | | 66enrolled, their membership shall be terminated and their position shall be deemed vacant. A |
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| 95 | 95 | | 67vacancy on the student advisory council prior to the expiration of a term shall be filled for the |
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| 96 | 96 | | 68remainder of the term in the same manner as elections to full terms. A vacancy on a student |
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| 97 | 97 | | 69regional council shall be filled by a majority vote of the entire membership of said regional |
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| 98 | 98 | | 70council. The terms of the elected members of the student advisory council and of the student |
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| 99 | 99 | | 71regional council shall be not more than three years, but no member shall be prevented from |
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| 100 | 100 | | 72running for election for three successive terms. Members of student regional councils shall serve 5 of 5 |
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| 101 | 101 | | 73without compensation except that they shall be reimbursed for necessary expenses incurred in |
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| 102 | 102 | | 74traveling to and from meetings. |
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| 103 | 103 | | 75 (iii) Each student regional council shall meet from time to time with the student advisory |
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| 104 | 104 | | 76council to advise said council regarding business that it deems appropriate to be considered by |
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| 105 | 105 | | 77said advisory council. |
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