Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H711 Compare Versions

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22 HOUSE DOCKET, NO. 1661 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 711
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Priscila S. Sousa
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act enabling all students to thrive: protecting a high quality, diverse educator workforce.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/15/2025 1 of 4
1616 HOUSE DOCKET, NO. 1661 FILED ON: 1/15/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 711
1818 By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 711) of
1919 Priscila S. Sousa relative to public school teachers. Education.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act enabling all students to thrive: protecting a high quality, diverse educator workforce.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Section 42 of chapter 71 of the General Laws, as appearing in the 2020
2929 2Official Edition, is hereby amended by striking the seventh paragraph, and inserting in the place
3030 3thereof the following:
3131 4 Nothing in this section or section 41 shall affect the right of a superintendent to lay off
3232 5teachers pursuant to reductions in force or reorganization resulting from declining enrollment or
3333 6other budgetary reasons.
3434 7 Except as herein provided, no teacher with professional teacher status shall be laid off
3535 8pursuant to a reduction in force or reorganization if there is a teacher without professional
3636 9teacher status for whose position the covered employee is currently certified or if there is a less
3737 10qualified teacher with professional teacher status holding the same or similar position for which
3838 11the covered employee is currently certified. No teacher with professional teacher status shall be
3939 12displaced in accordance with the terms of a collective bargaining agreement or otherwise by a 2 of 4
4040 13more senior teacher with such status unless the more senior teacher is currently certified pursuant
4141 14to section 38G and is at least as qualified for the position as the junior teacher holding the
4242 15position. The criteria for determining a qualified teacher under this paragraph shall be subject to
4343 16the collective bargaining provisions of chapter 150E; provided, however, that any such
4444 17collectively bargained for qualifications shall include, as the primary factors, indicators of job
4545 18performance, including overall ratings resulting from comprehensive evaluations conducted
4646 19consistent with section 38 and the best interests of the students in the school or district; and
4747 20provided further, that for the purposes of this paragraph, no distinction shall be made between
4848 21the overall performance ratings established by the board of elementary and secondary education
4949 22finding that the teacher has met or exceeded acceptable performance standards developed under
5050 23said section 38 and that are defined by the board as proficient and exemplary.
5151 24 A teacher meeting one of the following criteria and who has not received an
5252 25unsatisfactory performance evaluation in the school year immediately prior to the school year in
5353 26which a layoff is announced shall be exempted without regard to professional teacher status:
5454 27 a. a teacher who graduated from an in-district secondary school or a so-called grow
5555 28your own teacher preparation program of the district if the district has higher than the state
5656 29percentage of high-needs students, as defined by the department,
5757 30 b. a teacher who works in a school that is among the top 20 percent of schools with
5858 31the highest percentage of high-needs students in the district, as defined by the department,
5959 32 c. a teacher who works in a school that is among the top 20 percent of schools with
6060 33the lowest staff retention in the district,
6161 34 d. a teacher deemed by the department as a Teacher of the Year, 3 of 4
6262 35 e. a teacher who received the highest rating on a performance evaluation delivered
6363 36in either or both of the school years immediately prior to the school year in which a layoff is
6464 37announced, or
6565 38 f. a teacher with linguistic proficiency in relation to an in-district language or
6666 39dialect. For purposes of this paragraph, linguistic proficiency shall mean: (a) holding the state’s
6767 40Bilingual Education Endorsement, (b) achieving a passing score on the Massachusetts Tests for
6868 41Educator Licensure foreign language subject matter test, (c) achieving at least an Advanced Low
6969 42score on the Oral Proficiency Interview or Writing Proficiency Test proficiency tests offered
7070 43through the American Council for the Teaching of Foreign Languages, or (d) another method of
7171 44verification or attestation of proficiency as determined by the district superintendent. In relation
7272 45to an in-district language or dialect shall mean proficiency specifically in a language or dialect
7373 46other than English that is spoken by the greater of (a) five percent or more of the students
7474 47enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of
7575 48the students enrolled in the district or (b) at five percent or more of the homes of the students
7676 49enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of
7777 50the homes of the students enrolled in the district.
7878 51 Among the remaining teachers without professional teacher status, no teacher shall be
7979 52laid off pursuant to a reduction in force or reorganization if there is a less qualified teacher
8080 53without such status holding the same or similar position for which the covered employee is
8181 54currently certified.
8282 55 The school committee and the collective bargaining representative may negotiate for
8383 56seniority or length of service only as a tie-breaker in personnel actions under this paragraph 4 of 4
8484 57among teachers whose qualifications are no different using the qualifications collectively
8585 58bargained for in accordance with this paragraph.
8686 59 SECTION 2. The department of elementary and secondary education shall evaluate the
8787 60extent to which this act contributed to its goal of increasing the percentage of Massachusetts
8888 61public school teachers of color and shall report its findings along with any recommendations not
8989 62later than June 30, 2031. The department shall submit such report to the clerks of the senate and
9090 63the house of representatives, who shall forward the same to the chairs of the joint committee on
9191 64education.
9292 65 SECTION 3. Section 1 shall take effect on April 30, 2026.
9393 66 SECTION 4. Section 1 is hereby repealed.
9494 67 SECTION 5. Section 4 shall take effect on December 31, 2032.