Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H670 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3864 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 670
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alice Hanlon Peisch
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 special education finance.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Alice Hanlon Peisch14th Norfolk1/17/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3864 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 670
18	18	By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 670) of
19	19	Alice Hanlon Peisch relative to special education finance. Education.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 547 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to special education finance.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1: Section 1B of Chapter 69 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended by inserting after the seventh paragraph the following
32	32	3paragraph:-
33	33	4 The board shall annually publish a supplemental report containing student achievement
34	34	5data for each approved private special education school or program, provided that such data shall
35	35	6include student performance on the statewide assessment system approved by the board under
36	36	7section 1I.
37	37	8 SECTION 2. Section 8 of chapter 70B of the General Laws, as so appearing, is hereby
38	38	9amended by striking out, in line 24, the word “and”. 2 of 4
39	39	10 SECTION 3. Said section 8 of said chapter 70B, as so appearing, is hereby further
40	40	11amended by inserting in line 28, after the word “districts” the following:-
41	41	12 “; and (9) priority shall be given to projects needed in the judgment of said authority to
42	42	13create space for in-district special education programs and services”
43	43	14 SECTION 4. Section 10 of said chapter 70B, as so appearing, is hereby amended by
44	44	15inserting, in line 44, after the sentence ending in the word “construction”, the following new
45	45	16sentence:-
46	46	17 “The authority shall award incentive points for projects that include spaces for in-district
47	47	18special education programs and services, including special education programs and services
48	48	19provided by education collaboratives pursuant to section 4E of chapter 40 for public school
49	49	20districts within public school buildings.”
50	50	21 SECTION 5. Chapter 71B of the General Laws is hereby amended by inserting after
51	51	22section 10 the following new section:-
52	52	23 Section 10A. Each approved private special education school or program authorized
53	53	24under this chapter to provide special education services to children, and that enrolls students
54	54	25funded by the commonwealth or its political subdivisions, shall file annual reports with the
55	55	26department of elementary and secondary education. Each approved private special education
56	56	27school or program shall annually prepare, financial statements, including: (1) a statement of net
57	57	28assets; (2) a statement of revenues, expenditures and changes in net assets; and (3) such
58	58	29supplemental statements and schedules that may be required by the department. Each school
59	59	30shall annually cause an independent audit to be made of its financial statements consistent with
60	60	31the generally accepted governmental auditing standards. Each school shall file the audit report 3 of 4
61	61	32and any related management letters annually on or before January 1, for the previous fiscal year
62	62	33with the department and the state auditor, and shall submit a copy of the audit report and any
63	63	34related management letters to each school district that enrolled students in said approved private
64	64	35special education school during the period covered by the audit report.
65	65	36 The audited financial statements, accompanying notes and schedules shall disclose, but
66	66	37not be limited to: (1) transactions between the approved private special education school and any
67	67	38related for profit or non-profit organization; (2) transactions or contracts related to the purchase,
68	68	39sale or lease of real property; (3) the names, duties and total compensation of the 5 most highly
69	69	40compensated employees; (4) the amounts expended on administration and overhead; (5)
70	70	41information on programs and services provided by the school, including the cost effectiveness of
71	71	42such programs and services; and (6) any other items that may be required by regulation.
72	72	43 SECTION 6. The department of early education and care and the department of
73	73	44elementary and secondary education may share data only for residential programs approved by
74	74	45both departments.
75	75	46 SECTION 7. Notwithstanding any general or special law to the contrary, the secretary of
76	76	47education shall, in consultation with the department of elementary and secondary education, the
77	77	48department of early education and care, and the operational services division, study and make
78	78	49recommendations regarding the oversight of Approved Massachusetts Day and Residential
79	79	50Private Special Education Programs.
80	80	51 The recommendations shall provide information on topics including, but not limited to:
81	81	52(1) best practices of licensing, monitoring and providing oversight of Approved Massachusetts
82	82	53Day and Residential Private Special Education Programs (Chapter 766 schools); (2) the 4 of 4
83	83	54collection of data related to providing appropriate educational programming; (3) the collection of
84	84	55data related to providing the most appropriate services to students in chapter 766 schools; (4)
85	85	56consideration of the relevant aspects of the statute governing education collaboratives, as defined
86	86	57in section 4E of Chapter 40, and their potential application to chapter 766 schools; and (5) the
87	87	58collection of data relevant to the structure for congregate care for the students and review of the
88	88	59appropriate agency placement policies.
89	89	60 In developing recommendations, the secretary of education, the department of elementary
90	90	61and secondary education, the department of early education and care, and the operational
91	91	62services division shall consult with and solicit input from various persons and groups, including
92	92	63but not limited to, the department of developmental services; the division of local services, the
93	93	64executive directors of chapter 766 schools of varying size and scope throughout the
94	94	65commonwealth; organizations representing individuals with developmental disabilities; district
95	95	66directors of special education throughout the commonwealth; organizations representing children
96	96	67with disabilities and their parents; and associations representing special education administers
97	97	68and other educational administers, school officials, and municipal officials.
98	98	69 The secretary of education shall file findings containing recommendations, including
99	99	70legislation and regulations necessary to carry out the recommendations, with the clerks of the
100	100	71house of representatives and senate not later than 12 months following the passage of this act.