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HOUSE DOCKET, NO. 1439 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 620
The Commonwealth of Massachusetts
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PRESENTED BY:
Mary S. Keefe
_________________
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 to ensure educational rights are upheld for incarcerated youth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mary S. Keefe15th Worcester1/14/2025Antonio F. D. Cabral13th Bristol2/12/2025 1 of 5
HOUSE DOCKET, NO. 1439 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 620
By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 620) of Mary
S. Keefe and Antonio F. D. Cabral relative to educational rights for incarcerated youth.
Education.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 515 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to ensure educational rights are upheld for incarcerated youth.
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 39 of chapter 15A of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking the first sentence and inserting in place thereof
3the following: -
4 A qualified student enrolled in a public secondary school, including school-age children
5in the care or custody of the department of youth services, county houses of corrections or the
6department of correction, may enroll as a student in Massachusetts public institutions of higher
7education.
8 SECTION 2. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition,
9is hereby amended by inserting after section 6A the following section:- 2 of 5
10 Section 6B. All public secondary schools shall credit coursework completed by students
11in institutional settings, including the county houses of correction, the department of correction,
12the department of mental health, the department of public health, and the department of youth
13services toward the public school’s graduation requirements and shall list said coursework on the
14student’s transcript.
15 SECTION 3 . Section 11A of chapter 71B of the General Laws, as appearing in the 2020
16Official Edition, is hereby amended by striking out the first sentence and inserting in place
17thereof the following paragraph:-
18 Upon a student’s entry into custody in a jail or correctional facility, the facility will
19promptly conduct appropriate intake procedures to determine if the student was previously
20identified as being in need of special education and promptly report this information, as well as
21any perception that the student, though not identified previously, may be in need of special
22education to the department of elementary and secondary education. The department shall
23directly provide special education to school-aged children with a disability in the care and
24custody of state correctional facilities as defined by section 1 of chapter 125.
25 SECTION 4 . Section 1 of chapter 124 of the General Laws, as appearing in the 2020
26Official Edition, is hereby amended by adding the following subsection:-
27 (v) in accordance with clause (q), the commissioner shall, as part of making and
28promulgating rules and regulations regarding education, training, and employment, require that
29all individuals who have not attained their 22nd birthday housed at a county house of corrections
30or state correctional facility, regardless of classification, disciplinary, or housing status, be
31provided with opportunities to: receive credit toward high school graduation; graduate from high 3 of 5
32school; pursue and receive credit for high school equivalency through instruction and testing
33such as the Hi-Set or GED; pursue and receive credit for higher education; and receive
34vocational training. The rules and regulations shall require that educational opportunities be
35offered for a minimum of 6 hours of classroom instruction every weekday, 12 months per year;
36and pursue, as far as practicable, college-level courses or appropriate vocational education and
37training. Education for special education students shall be delivered in accordance with
38established individual education plans or newly established plans where no previous plan exists.
39New or prior individualized education plans may be reasonably modified, or newly written, to
40accommodate limitations imposed by the correctional environment, so long as such
41modifications or new plans do not preclude the delivery of a free appropriate public education or
42impede progress toward a high school graduation.
43 Interpretation and translation services will be provided to English Language Learner
44students, including but not limited to those with disabilities, to ensure meaningful access to the
45special education process, which shall include interpretation services at IEP and Section 504
46meetings and translated Section 504 plans and IEPs, assessments conducted by or at the request
47of the facility or its medical service providers as part of an initial evaluation or reevaluation to
48determine eligibility for special education and related services, and due process rights notices in
49accordance with Title VI of the Civil Rights Act of 1964 and the Equal Educational
50Opportunities Act of 1974.
51 SECTION 5. Section 2 of said chapter 124, as so appearing, is hereby amended by
52striking the last paragraph and inserting in place thereof the following paragraphs:- 4 of 5
53 Subject to the supervision and control of the commissioner, the deputy commissioner for
54educational services shall, in consultation with the department of elementary and secondary
55education, establish and maintain standards for all teaching positions in the jurisdiction of the
56department and shall review the qualifications and performances of all teaching personnel in the
57department.
58 Each of the said deputy commissioners shall perform such other duties as may be
59assigned to him from time to time by the commissioner.
60 SECTION 6. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
61is hereby amended by inserting after section 32A the following section:-
62 Section 32B. Any person who has attained the age of criminal majority but has not yet
63attained the age of 26 in jails or correctional facilities shall be treated as needing aid,
64encouragement, and guidance, consistent with the goal of positive youth development to assume
65the responsibilities and exercise the rights of a citizen of the commonwealth.
66 SECTION 7: Section 39 of said chapter 127, as so appearing, is hereby amended by
67inserting in paragraph (b) after the word "population," in line 31, the following words:-
68 including the right to special education services
69 SECTION 8. Section 48 of said chapter 127, as so appearing, is hereby amended by
70striking the last paragraph of said section and inserting in place thereof:-
71 The commissioner shall make and promulgate rules and regulations governing programs
72established under this section which shall include provisions for hours, conditions of
73employment, wage rates for employment program participants, incentive payments for education 5 of 5
74and training program participants, provision of good time for participation in education programs
75at the highest level as awarded by the institution for any activity in the institution, and deductions
76from said wages pursuant to the provisions of section 86 F.
77 SECTION 9. Section 49A of said chapter 127, as so appearing, is hereby amended by
78inserting after the third paragraph the following paragraph:-
79 Consistent with the foregoing, all individuals who have not attained their 22nd birthday
80housed at a county house of corrections or state correctional facility, regardless of disciplinary
81classification or housing status, shall be provided with a minimum of 6 hours of classroom
82instruction and educational opportunities on every weekday, 12 months per year to: receive
83credit toward high school graduation; graduate from high school; receive special education
84services for those who are eligible; pursue and receive credit for higher education; and receive
85vocational training.