Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3064 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3400 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3064
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Manny Cruz and Pavel M. Payano
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to bilingual educators and dual language certification incentives.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/17/2025Pavel M. PayanoFirst Essex1/17/2025 1 of 10
16	16	HOUSE DOCKET, NO. 3400 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3064
18	18	By Representative Cruz of Salem and Senator Payano, a joint petition (accompanied by bill,
19	19	House, No. 3064) of Manny Cruz and Pavel M. Payano for legislation to establish a separate
20	20	fund to be known as the bilingual education trust fund in support of bilingual educators and dual
21	21	language certification incentives. Revenue.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 3947 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to bilingual educators and dual language certification incentives.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 71A of the General Laws is hereby amended by striking out section
33	33	21, as so appearing, and inserting in place thereof the following section:-
34	34	3 Section 1. The people of Massachusetts find and declare that:
35	35	4 (a) The United States of America and the commonwealth of Massachusetts, in respect of
36	36	5multiculturalism, have established no official language. The people of the commonwealth
37	37	6recognize that the first amendment of the Constitution of the United States, which has its roots in
38	38	7the commonwealth, includes the freedom of expression of language. The vast majority of
39	39	8Massachusetts’ residents can trace their ancestry to multilingual individuals who helped build the
40	40	9commonwealth. While English remains the most commonly spoken language for science, 2 of 10
41	41	10technology and international business, it is hereby acknowledged that multilingualism is a
42	42	11tremendous asset for economic opportunity.
43	43	12 (b) All parents are eager to have their children become literate and biliterate, thereby
44	44	13allowing them to fully participate in the American dream of economic advancement, honoring
45	45	14their ancestry, and attaining social advancement.
46	46	15 (c) The government and the public schools of Massachusetts have a moral obligation and
47	47	16a constitutional duty to provide all Massachusetts’ children, regardless of their ethnicity or
48	48	17national origins, with the skills necessary to become productive members of our society. Of these
49	49	18skills, literacy in multiple languages, according to leading education research, is among the most
50	50	19important.
51	51	20 (d) The public schools of Massachusetts have done an inadequate job of educating many
52	52	21multilingual children, requiring that they be placed in native language programs and not
53	53	22providing evidenced based programmatic language instruction that accelerates learning while
54	54	23honoring the assets of multilingual students.
55	55	24 (e) Multilingual children can easily acquire full fluency and literacy in multiple
56	56	25languages, if their native language is viewed as a strength and skill to be improved upon as soon
57	57	26as they enter school.
58	58	27 (f) Therefore it is resolved that: all children in Massachusetts’ public schools shall have
59	59	28ample opportunities to acquire multiple languages as rapidly and effectively as possible.
60	60	29 SECTION 2. Said chapter 71A is hereby further amended by striking out section 10, as
61	61	30so appearing, and inserting in place thereof the following section:- 3 of 10
62	62	31 Section 10. (a) Teachers and administrators assigned to a language acquisition program
63	63	32shall be properly qualified under state law for the program type. The department shall establish
64	64	33endorsements for educators who have completed coursework and field-based experience to
65	65	34 provide instruction within sheltered English immersion programs, 2–way immersion
66	66	35programs, transitional bilingual programs and other programs that meet the requirements of this
67	67	36chapter.
68	68	37 (b) A bilingual education endorsement shall be awarded to educators who meet all of the
69	69	38following requirements:
70	70	39 (1) A passing score on a foreign language test acceptable to the department in the
71	71	40relevant foreign language.
72	72	41 (2) Demonstration of the subject matter knowledge and skill requirements set forth in 603
73	73	42CMR 7.14(3)(b), through either: (i) the successful completion of a department approved course
74	74	43of study for providing bilingual education; or (ii) a passing score on a test acceptable to the
75	75	44department.
76	76	45 (3) Completion of 75 hours of field-based experience in a pre-K through 12 dual
77	77	46language education or 2-way immersion program, transitional bilingual education program or
78	78	47other bilingual education setting. A program for the required 75 hours of field-based experience
79	79	48may be supervised by either: (i) a department approved course of study for providing bilingual
80	80	49education; or (ii) the pre-K through 12 school where the field-based experience is completed.
81	81	50 (c) Annually, not later than June 1, the department shall provide each district with a list of
82	82	51all bilingual educators who have bilingual education endorsements pursuant to this section. Prior 4 of 10
83	83	52to the beginning of each school year, districts, including charter schools shall verify that each of
84	84	53the bilingual educators in a multilingual learner program is properly endorsed for that program.
85	85	54 (d) Notwithstanding any provision in this section to the contrary, the department shall
86	86	55enter into reciprocity agreements with other states and territories of the United States that allows
87	87	56teachers in other states and territories of the United States who hold that state or territory’s
88	88	57 equivalent of an endorsement to obtain an endorsement in the commonwealth without
89	89	58needing to meet the requirements of this section. The department shall promulgate rules and
90	90	59regulations necessary to carry out this subsection.
91	91	60 SECTION 3. Said chapter 71A is hereby amended by adding the following 2 section:-
92	92	61 Section 13. (a) The department shall establish licensure reciprocity agreements with other
93	93	62states and territories of the United States aimed at increasing the number of bilingual educators
94	94	63in Massachusetts. The department shall notify all other states and territories of the United States
95	95	64of its intent to enter into licensure reciprocity agreements for bilingual educators.
96	96	65 (b) The department shall finalize licensure reciprocity agreements that align with the
97	97	66departments goals of building a linguistically diverse educator workforce.
98	98	67 (c) There shall be a task force on the bilingual educator workforce in the commonwealth.
99	99	68The task force shall consist of: (i) the secretary of education or a designee, who shall serve as
100	100	69chair; (ii) a member of the board of higher education, appointed by the board; (iii) a member of
101	101	70the board of elementary and secondary education, appointed by the board; (iv) the chairs of the
102	102	71joint committee on education; (v) 1 current or past InSPIRED fellow of the inspired fellowship
103	103	72to be appointed by the department elementary and secondary education; (vi) 1 member to be 5 of 10
104	104	73appointed by Latinos for Education, Inc.; (vii) 1 member to be appointed by Multistate
105	105	74Association for Bilingual Education-Northeast, Inc.; (viii) 1 member to be appointed by the
106	106	75Massachusetts Association of School Superintendents, Inc. Urban Superintendents; (ix) 1
107	107	76member to be appointed by Massachusetts Association of School Committees, Inc.; (x) 1
108	108	77member to be appointed by the American Federation of Teachers Massachusetts; (xi) 1 member
109	109	78to be appointed by the Massachusetts Teachers Association.
110	110	79 (d) The task force shall: (i) develop best practices and standards related to establishing
111	111	80licensure reciprocity agreements with other states and territories of the United States aimed at
112	112	81increasing the number of bilingual educators in Massachusetts; and (ii) recommend policies and
113	113	82procedures to notify states and U.S territories of the intent to enter into licensure reciprocity
114	114	83agreements for bilingual educators.
115	115	84 (e) Annually, not later than December 31, the department shall submit a report to the
116	116	85clerks of the house of representatives and senate and the joint committee on education. The
117	117	86report shall address the progress of the implementation of this section and shall develop a
118	118	87publicly reported data dashboard to track the percentage of certified bilingual educators. The
119	119	88report shall set a measurable goal to work towards by 2035 for the number of certified bilingual
120	120	89educators throughout the commonwealth.
121	121	90 Section 14. (a) The department shall establish and administer a bilingual educator
122	122	91incentive program that shall prioritize the recruitment and retention of racially, culturally,
123	123	92ethnically and linguistically diverse educators consistent with chapter 132 of the acts of 2019 to
124	124	93diversify the educator workforce. The bilingual educator incentive program shall prioritize
125	125	94districts with the highest percentages of multilingual learners served and districts with the 6 of 10
126	126	95greatest disparities in the parity between racially, culturally, ethnically and linguistically diverse
127	127	96educators to students. Eligible participants for the bilingual educator incentive program shall
128	128	97include, but not be limited to, paraprofessionals, teachers, school leaders and district
129	129	98administrators. The criteria for eligibility shall be determined by an interactive process between
130	130	99the department and the local school district.
131	131	100 (b) The bilingual educator incentive program shall provide educators who have obtained
132	132	101the appropriate licensure or certification for a bilingual education program with an annual
133	133	102 stipend of $10,000. The program’s annual stipend shall only be available to educators
134	134	103who working in an approved bilingual education program that is certified by the district and the
135	135	104department.
136	136	105 (c) The bilingual educator incentive program shall provide eligible staff who are deemed
137	137	106to be bilingual by a department approved process that is submitted by the district for an
138	138	107additional $5,000 stipend.
139	139	108 (d) An additional $1,000 stipend shall be provided to bilingual educators who attain a
140	140	109state seal of biliteracy from the department under 603 CMR 31.00.
141	141	110 (e) A 5 year stipend, valued at $1,000 annually, shall be provided to bilingual educator
142	142	111who are graduates of a public school system in the commonwealth.
143	143	112 (f) All bilingual educator incentive program stipends, in this section, shall be paid for by
144	144	113the Bilingual Educator Trust Fund pursuant to section 2BBBBBB of chapter 29 and shall count
145	145	114as compensation for the purposes of retirement with the Massachusetts teacher’s retirement
146	146	115system under chapter 32. 7 of 10
147	147	116 (g) A bilingual educator who completes 10 years of service in an approved bilingual
148	148	117education program in the commonwealth, within the same school district, shall be eligible for
149	149	118$30,000 in student loan and education debt repayment assistance paid for by the Bilingual
150	150	119Education Trust Fund under section 2BBBBBB of chapter 29.
151	151	120 SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after
152	152	121section 2AAAAAA the following section:-
153	153	122 Section 2BBBBBB. (a) There shall be established and set up on the books of the
154	154	123commonwealth a separate fund to be known as the Bilingual Education Trust Fund. The fund
155	155	124 shall be administered by the commissioner of elementary and secondary education. The
156	156	125fund shall be used for: (i) providing financial assistance to school districts and public institutions
157	157	126of higher education in support of the establishment and expansion of bilingual education
158	158	127programs in the commonwealth; and (ii) funding the bilingual educator incentive program
159	159	128established pursuant to section 14 of chapter 71A. The commissioner shall prioritize funding for
160	160	129districts with the highest percentages of multilingual learners and with persistent gaps in
161	161	130achievement for multilingual learners
162	162	131 (b) The fund shall be credited with:
163	163	132 (i) revenue from appropriations and other money authorized by the general court and
164	164	133specifically designated to be credited to the fund;
165	165	134 (ii) funds from public and private sources such as gifts, grants and donations which shall
166	166	135be considered a charitable contribution tax deduction under subparagraph (13) of paragraph (a)
167	167	136of Part B of section 3 of chapter 62; 8 of 10
168	168	137 (iii) funds collected from the excise tax on the retail sale of marijuana or marijuana
169	169	138products in accordance with section 2 of chapter 64N;
170	170	139 (iv) funds collected from the excise tax on sports wagering operators in accordance with
171	171	140section 14 of chapter 23N; and
172	172	141 (v) interest earned on money in the fund. Amounts credited to the fund shall not be
173	173	142subject to further appropriation and any money remaining in the fund at the end of a fiscal year
174	174	143shall not revert to the General Fund.
175	175	144 (c) Annually, not later than October 1, the commissioner of elementary and secondary
176	176	145education shall report to the clerks of the senate and house of representatives, the joint committee
177	177	146 on education and the house and senate committees on ways and means on the fund’s
178	178	147activities. The report shall include, but not be limited to: (i) the source and amount of funds
179	179	148received; (ii) the expenditures made from the fund and the purposes of such expenditures; (iii)
180	180	149any anticipated remaining revenue from awards; and (vi) the number municipal K though 12
181	181	150school districts and public institutions of higher education who received funding.
182	182	151 (d) The department of elementary and secondary education shall establish rules and
183	183	152regulations that are necessary to implement this section and section 14 of chapter 71A.
184	184	153 SECTION 5. Subsection (a) of section 14 of chapter 23N of the General Laws, as
185	185	154appearing in by section 5 of chapter 173 of the acts of 2022, is hereby amended by striking out
186	186	155the first sentence and inserting in place thereof the following sentence:-
187	187	156 An excise is hereby imposed upon sports wagering operators in the commonwealth at the
188	188	157rate of: (i) 15 per cent of the operator’s adjusted gross sports wagering receipts from the 9 of 10
189	189	158operation of in-person sports wagering, with 5 per cent to be deposited into the Bilingual
190	190	159Education Trust Fund established in section 2BBBBBB of chapter 29 and 10 per cent to be
191	191	160deposited into the Sports Wagering Fund established in section 17; (ii) 20 per cent of the
192	192	161operator's adjusted gross sports wagering receipts from the operation of sports wagering through
193	193	162mobile applications and other digital platforms approved by the commission, with 5 per cent to
194	194	163be deposited into the Bilingual Education Trust Fund established in said section 2BBBBBB of
195	195	164said chapter 29 and 15 per cent to be deposited into the Sports Wagering Fund established in said
196	196	165section 17; and (iii) 15 per cent of the adjusted gross fantasy wagering receipts of a person or
197	197	166entity that offers fantasy contests, as defined in section 11M1/2, with 5 per cent to be deposited
198	198	167into the Bilingual Education Trust Fund established in said section 2BBBBBB of said chapter 29
199	199	168and 10 per cent to be deposited into the Sports Wagering Fund established in said section 17.
200	200	169 SECTION 6. Chapter 64N of the General Laws is hereby by amended by striking out
201	201	170section 2, as amended by section 5 of chapter 180 of the acts of 2022, and inserting in place
202	202	171thereof the following section:-
203	203	172 Section 2. (a) An excise tax is hereby imposed upon the sale of marijuana or marijuana
204	204	173products by a marijuana retailer to anyone other than a marijuana establishment at a rate of 10.75
205	205	174per cent of the total sales price received by the marijuana retailer as a consideration for the sale
206	206	175of marijuana or marijuana products. The excise tax shall be levied in addition to state tax
207	207	176imposed upon the sale of property or services as provided in section 2 of chapter 64H and shall
208	208	177be paid by a marijuana retailer to the commissioner at the time provided for filing the return
209	209	178required by section 16 of chapter 62C. 10 of 10
210	210	179 (b) Two per cent of the excise tax rate imposed pursuant to the previous paragraph shall
211	211	180be collected and deposited into the Bilingual Education Trust Fund established in section
212	212	1812BBBBBB of chapter 29 and the remaining 8.75 per cent shall be collected and deposited
213	213	182pursuant to section 5.
214	214	183 SECTION 7. Section 5 of said chapter 64N is hereby amended by inserting after the
215	215	184words “than revenue”, in lines 2 and 3, as appearing in the 2022 Official Edition, the following
216	216	185words:- deposited into the Bilingual Education Trust Fund pursuant to subsection (b) of section 2
217	217	186and revenue.
218	218	187 SECTION 8 This act shall take effect on January 1, 2027.