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HOUSE DOCKET, NO. 3400 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3064
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Manny Cruz and Pavel M. Payano
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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 bilingual educators and dual language certification incentives.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/17/2025Pavel M. PayanoFirst Essex1/17/2025 1 of 10
HOUSE DOCKET, NO. 3400 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3064
By Representative Cruz of Salem and Senator Payano, a joint petition (accompanied by bill,
House, No. 3064) of Manny Cruz and Pavel M. Payano for legislation to establish a separate
fund to be known as the bilingual education trust fund in support of bilingual educators and dual
language certification incentives. Revenue.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3947 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to bilingual educators and dual language certification incentives.
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. Chapter 71A of the General Laws is hereby amended by striking out section
21, as so appearing, and inserting in place thereof the following section:-
3 Section 1. The people of Massachusetts find and declare that:
4 (a) The United States of America and the commonwealth of Massachusetts, in respect of
5multiculturalism, have established no official language. The people of the commonwealth
6recognize that the first amendment of the Constitution of the United States, which has its roots in
7the commonwealth, includes the freedom of expression of language. The vast majority of
8Massachusetts’ residents can trace their ancestry to multilingual individuals who helped build the
9commonwealth. While English remains the most commonly spoken language for science, 2 of 10
10technology and international business, it is hereby acknowledged that multilingualism is a
11tremendous asset for economic opportunity.
12 (b) All parents are eager to have their children become literate and biliterate, thereby
13allowing them to fully participate in the American dream of economic advancement, honoring
14their ancestry, and attaining social advancement.
15 (c) The government and the public schools of Massachusetts have a moral obligation and
16a constitutional duty to provide all Massachusetts’ children, regardless of their ethnicity or
17national origins, with the skills necessary to become productive members of our society. Of these
18skills, literacy in multiple languages, according to leading education research, is among the most
19important.
20 (d) The public schools of Massachusetts have done an inadequate job of educating many
21multilingual children, requiring that they be placed in native language programs and not
22providing evidenced based programmatic language instruction that accelerates learning while
23honoring the assets of multilingual students.
24 (e) Multilingual children can easily acquire full fluency and literacy in multiple
25languages, if their native language is viewed as a strength and skill to be improved upon as soon
26as they enter school.
27 (f) Therefore it is resolved that: all children in Massachusetts’ public schools shall have
28ample opportunities to acquire multiple languages as rapidly and effectively as possible.
29 SECTION 2. Said chapter 71A is hereby further amended by striking out section 10, as
30so appearing, and inserting in place thereof the following section:- 3 of 10
31 Section 10. (a) Teachers and administrators assigned to a language acquisition program
32shall be properly qualified under state law for the program type. The department shall establish
33endorsements for educators who have completed coursework and field-based experience to
34 provide instruction within sheltered English immersion programs, 2–way immersion
35programs, transitional bilingual programs and other programs that meet the requirements of this
36chapter.
37 (b) A bilingual education endorsement shall be awarded to educators who meet all of the
38following requirements:
39 (1) A passing score on a foreign language test acceptable to the department in the
40relevant foreign language.
41 (2) Demonstration of the subject matter knowledge and skill requirements set forth in 603
42CMR 7.14(3)(b), through either: (i) the successful completion of a department approved course
43of study for providing bilingual education; or (ii) a passing score on a test acceptable to the
44department.
45 (3) Completion of 75 hours of field-based experience in a pre-K through 12 dual
46language education or 2-way immersion program, transitional bilingual education program or
47other bilingual education setting. A program for the required 75 hours of field-based experience
48may be supervised by either: (i) a department approved course of study for providing bilingual
49education; or (ii) the pre-K through 12 school where the field-based experience is completed.
50 (c) Annually, not later than June 1, the department shall provide each district with a list of
51all bilingual educators who have bilingual education endorsements pursuant to this section. Prior 4 of 10
52to the beginning of each school year, districts, including charter schools shall verify that each of
53the bilingual educators in a multilingual learner program is properly endorsed for that program.
54 (d) Notwithstanding any provision in this section to the contrary, the department shall
55enter into reciprocity agreements with other states and territories of the United States that allows
56teachers in other states and territories of the United States who hold that state or territory’s
57 equivalent of an endorsement to obtain an endorsement in the commonwealth without
58needing to meet the requirements of this section. The department shall promulgate rules and
59regulations necessary to carry out this subsection.
60 SECTION 3. Said chapter 71A is hereby amended by adding the following 2 section:-
61 Section 13. (a) The department shall establish licensure reciprocity agreements with other
62states and territories of the United States aimed at increasing the number of bilingual educators
63in Massachusetts. The department shall notify all other states and territories of the United States
64of its intent to enter into licensure reciprocity agreements for bilingual educators.
65 (b) The department shall finalize licensure reciprocity agreements that align with the
66departments goals of building a linguistically diverse educator workforce.
67 (c) There shall be a task force on the bilingual educator workforce in the commonwealth.
68The task force shall consist of: (i) the secretary of education or a designee, who shall serve as
69chair; (ii) a member of the board of higher education, appointed by the board; (iii) a member of
70the board of elementary and secondary education, appointed by the board; (iv) the chairs of the
71joint committee on education; (v) 1 current or past InSPIRED fellow of the inspired fellowship
72to be appointed by the department elementary and secondary education; (vi) 1 member to be 5 of 10
73appointed by Latinos for Education, Inc.; (vii) 1 member to be appointed by Multistate
74Association for Bilingual Education-Northeast, Inc.; (viii) 1 member to be appointed by the
75Massachusetts Association of School Superintendents, Inc. Urban Superintendents; (ix) 1
76member to be appointed by Massachusetts Association of School Committees, Inc.; (x) 1
77member to be appointed by the American Federation of Teachers Massachusetts; (xi) 1 member
78to be appointed by the Massachusetts Teachers Association.
79 (d) The task force shall: (i) develop best practices and standards related to establishing
80licensure reciprocity agreements with other states and territories of the United States aimed at
81increasing the number of bilingual educators in Massachusetts; and (ii) recommend policies and
82procedures to notify states and U.S territories of the intent to enter into licensure reciprocity
83agreements for bilingual educators.
84 (e) Annually, not later than December 31, the department shall submit a report to the
85clerks of the house of representatives and senate and the joint committee on education. The
86report shall address the progress of the implementation of this section and shall develop a
87publicly reported data dashboard to track the percentage of certified bilingual educators. The
88report shall set a measurable goal to work towards by 2035 for the number of certified bilingual
89educators throughout the commonwealth.
90 Section 14. (a) The department shall establish and administer a bilingual educator
91incentive program that shall prioritize the recruitment and retention of racially, culturally,
92ethnically and linguistically diverse educators consistent with chapter 132 of the acts of 2019 to
93diversify the educator workforce. The bilingual educator incentive program shall prioritize
94districts with the highest percentages of multilingual learners served and districts with the 6 of 10
95greatest disparities in the parity between racially, culturally, ethnically and linguistically diverse
96educators to students. Eligible participants for the bilingual educator incentive program shall
97include, but not be limited to, paraprofessionals, teachers, school leaders and district
98administrators. The criteria for eligibility shall be determined by an interactive process between
99the department and the local school district.
100 (b) The bilingual educator incentive program shall provide educators who have obtained
101the appropriate licensure or certification for a bilingual education program with an annual
102 stipend of $10,000. The program’s annual stipend shall only be available to educators
103who working in an approved bilingual education program that is certified by the district and the
104department.
105 (c) The bilingual educator incentive program shall provide eligible staff who are deemed
106to be bilingual by a department approved process that is submitted by the district for an
107additional $5,000 stipend.
108 (d) An additional $1,000 stipend shall be provided to bilingual educators who attain a
109state seal of biliteracy from the department under 603 CMR 31.00.
110 (e) A 5 year stipend, valued at $1,000 annually, shall be provided to bilingual educator
111who are graduates of a public school system in the commonwealth.
112 (f) All bilingual educator incentive program stipends, in this section, shall be paid for by
113the Bilingual Educator Trust Fund pursuant to section 2BBBBBB of chapter 29 and shall count
114as compensation for the purposes of retirement with the Massachusetts teacher’s retirement
115system under chapter 32. 7 of 10
116 (g) A bilingual educator who completes 10 years of service in an approved bilingual
117education program in the commonwealth, within the same school district, shall be eligible for
118$30,000 in student loan and education debt repayment assistance paid for by the Bilingual
119Education Trust Fund under section 2BBBBBB of chapter 29.
120 SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after
121section 2AAAAAA the following section:-
122 Section 2BBBBBB. (a) There shall be established and set up on the books of the
123commonwealth a separate fund to be known as the Bilingual Education Trust Fund. The fund
124 shall be administered by the commissioner of elementary and secondary education. The
125fund shall be used for: (i) providing financial assistance to school districts and public institutions
126of higher education in support of the establishment and expansion of bilingual education
127programs in the commonwealth; and (ii) funding the bilingual educator incentive program
128established pursuant to section 14 of chapter 71A. The commissioner shall prioritize funding for
129districts with the highest percentages of multilingual learners and with persistent gaps in
130achievement for multilingual learners
131 (b) The fund shall be credited with:
132 (i) revenue from appropriations and other money authorized by the general court and
133specifically designated to be credited to the fund;
134 (ii) funds from public and private sources such as gifts, grants and donations which shall
135be considered a charitable contribution tax deduction under subparagraph (13) of paragraph (a)
136of Part B of section 3 of chapter 62; 8 of 10
137 (iii) funds collected from the excise tax on the retail sale of marijuana or marijuana
138products in accordance with section 2 of chapter 64N;
139 (iv) funds collected from the excise tax on sports wagering operators in accordance with
140section 14 of chapter 23N; and
141 (v) interest earned on money in the fund. Amounts credited to the fund shall not be
142subject to further appropriation and any money remaining in the fund at the end of a fiscal year
143shall not revert to the General Fund.
144 (c) Annually, not later than October 1, the commissioner of elementary and secondary
145education shall report to the clerks of the senate and house of representatives, the joint committee
146 on education and the house and senate committees on ways and means on the fund’s
147activities. The report shall include, but not be limited to: (i) the source and amount of funds
148received; (ii) the expenditures made from the fund and the purposes of such expenditures; (iii)
149any anticipated remaining revenue from awards; and (vi) the number municipal K though 12
150school districts and public institutions of higher education who received funding.
151 (d) The department of elementary and secondary education shall establish rules and
152regulations that are necessary to implement this section and section 14 of chapter 71A.
153 SECTION 5. Subsection (a) of section 14 of chapter 23N of the General Laws, as
154appearing in by section 5 of chapter 173 of the acts of 2022, is hereby amended by striking out
155the first sentence and inserting in place thereof the following sentence:-
156 An excise is hereby imposed upon sports wagering operators in the commonwealth at the
157rate of: (i) 15 per cent of the operator’s adjusted gross sports wagering receipts from the 9 of 10
158operation of in-person sports wagering, with 5 per cent to be deposited into the Bilingual
159Education Trust Fund established in section 2BBBBBB of chapter 29 and 10 per cent to be
160deposited into the Sports Wagering Fund established in section 17; (ii) 20 per cent of the
161operator's adjusted gross sports wagering receipts from the operation of sports wagering through
162mobile applications and other digital platforms approved by the commission, with 5 per cent to
163be deposited into the Bilingual Education Trust Fund established in said section 2BBBBBB of
164said chapter 29 and 15 per cent to be deposited into the Sports Wagering Fund established in said
165section 17; and (iii) 15 per cent of the adjusted gross fantasy wagering receipts of a person or
166entity that offers fantasy contests, as defined in section 11M1/2, with 5 per cent to be deposited
167into the Bilingual Education Trust Fund established in said section 2BBBBBB of said chapter 29
168and 10 per cent to be deposited into the Sports Wagering Fund established in said section 17.
169 SECTION 6. Chapter 64N of the General Laws is hereby by amended by striking out
170section 2, as amended by section 5 of chapter 180 of the acts of 2022, and inserting in place
171thereof the following section:-
172 Section 2. (a) An excise tax is hereby imposed upon the sale of marijuana or marijuana
173products by a marijuana retailer to anyone other than a marijuana establishment at a rate of 10.75
174per cent of the total sales price received by the marijuana retailer as a consideration for the sale
175of marijuana or marijuana products. The excise tax shall be levied in addition to state tax
176imposed upon the sale of property or services as provided in section 2 of chapter 64H and shall
177be paid by a marijuana retailer to the commissioner at the time provided for filing the return
178required by section 16 of chapter 62C. 10 of 10
179 (b) Two per cent of the excise tax rate imposed pursuant to the previous paragraph shall
180be collected and deposited into the Bilingual Education Trust Fund established in section
1812BBBBBB of chapter 29 and the remaining 8.75 per cent shall be collected and deposited
182pursuant to section 5.
183 SECTION 7. Section 5 of said chapter 64N is hereby amended by inserting after the
184words “than revenue”, in lines 2 and 3, as appearing in the 2022 Official Edition, the following
185words:- deposited into the Bilingual Education Trust Fund pursuant to subsection (b) of section 2
186and revenue.
187 SECTION 8 This act shall take effect on January 1, 2027.