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2 | 2 | | HOUSE DOCKET, NO. 1661 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 711 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Priscila S. Sousa |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act enabling all students to thrive: protecting a high quality, diverse educator workforce. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/15/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 1661 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 711 |
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18 | 18 | | By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 711) of |
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19 | 19 | | Priscila S. Sousa relative to public school teachers. Education. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act enabling all students to thrive: protecting a high quality, diverse educator workforce. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Section 42 of chapter 71 of the General Laws, as appearing in the 2020 |
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29 | 29 | | 2Official Edition, is hereby amended by striking the seventh paragraph, and inserting in the place |
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30 | 30 | | 3thereof the following: |
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31 | 31 | | 4 Nothing in this section or section 41 shall affect the right of a superintendent to lay off |
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32 | 32 | | 5teachers pursuant to reductions in force or reorganization resulting from declining enrollment or |
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33 | 33 | | 6other budgetary reasons. |
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34 | 34 | | 7 Except as herein provided, no teacher with professional teacher status shall be laid off |
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35 | 35 | | 8pursuant to a reduction in force or reorganization if there is a teacher without professional |
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36 | 36 | | 9teacher status for whose position the covered employee is currently certified or if there is a less |
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37 | 37 | | 10qualified teacher with professional teacher status holding the same or similar position for which |
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38 | 38 | | 11the covered employee is currently certified. No teacher with professional teacher status shall be |
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39 | 39 | | 12displaced in accordance with the terms of a collective bargaining agreement or otherwise by a 2 of 4 |
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40 | 40 | | 13more senior teacher with such status unless the more senior teacher is currently certified pursuant |
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41 | 41 | | 14to section 38G and is at least as qualified for the position as the junior teacher holding the |
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42 | 42 | | 15position. The criteria for determining a qualified teacher under this paragraph shall be subject to |
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43 | 43 | | 16the collective bargaining provisions of chapter 150E; provided, however, that any such |
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44 | 44 | | 17collectively bargained for qualifications shall include, as the primary factors, indicators of job |
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45 | 45 | | 18performance, including overall ratings resulting from comprehensive evaluations conducted |
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46 | 46 | | 19consistent with section 38 and the best interests of the students in the school or district; and |
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47 | 47 | | 20provided further, that for the purposes of this paragraph, no distinction shall be made between |
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48 | 48 | | 21the overall performance ratings established by the board of elementary and secondary education |
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49 | 49 | | 22finding that the teacher has met or exceeded acceptable performance standards developed under |
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50 | 50 | | 23said section 38 and that are defined by the board as proficient and exemplary. |
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51 | 51 | | 24 A teacher meeting one of the following criteria and who has not received an |
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52 | 52 | | 25unsatisfactory performance evaluation in the school year immediately prior to the school year in |
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53 | 53 | | 26which a layoff is announced shall be exempted without regard to professional teacher status: |
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54 | 54 | | 27 a. a teacher who graduated from an in-district secondary school or a so-called grow |
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55 | 55 | | 28your own teacher preparation program of the district if the district has higher than the state |
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56 | 56 | | 29percentage of high-needs students, as defined by the department, |
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57 | 57 | | 30 b. a teacher who works in a school that is among the top 20 percent of schools with |
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58 | 58 | | 31the highest percentage of high-needs students in the district, as defined by the department, |
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59 | 59 | | 32 c. a teacher who works in a school that is among the top 20 percent of schools with |
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60 | 60 | | 33the lowest staff retention in the district, |
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61 | 61 | | 34 d. a teacher deemed by the department as a Teacher of the Year, 3 of 4 |
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62 | 62 | | 35 e. a teacher who received the highest rating on a performance evaluation delivered |
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63 | 63 | | 36in either or both of the school years immediately prior to the school year in which a layoff is |
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64 | 64 | | 37announced, or |
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65 | 65 | | 38 f. a teacher with linguistic proficiency in relation to an in-district language or |
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66 | 66 | | 39dialect. For purposes of this paragraph, linguistic proficiency shall mean: (a) holding the state’s |
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67 | 67 | | 40Bilingual Education Endorsement, (b) achieving a passing score on the Massachusetts Tests for |
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68 | 68 | | 41Educator Licensure foreign language subject matter test, (c) achieving at least an Advanced Low |
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69 | 69 | | 42score on the Oral Proficiency Interview or Writing Proficiency Test proficiency tests offered |
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70 | 70 | | 43through the American Council for the Teaching of Foreign Languages, or (d) another method of |
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71 | 71 | | 44verification or attestation of proficiency as determined by the district superintendent. In relation |
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72 | 72 | | 45to an in-district language or dialect shall mean proficiency specifically in a language or dialect |
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73 | 73 | | 46other than English that is spoken by the greater of (a) five percent or more of the students |
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74 | 74 | | 47enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of |
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75 | 75 | | 48the students enrolled in the district or (b) at five percent or more of the homes of the students |
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76 | 76 | | 49enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of |
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77 | 77 | | 50the homes of the students enrolled in the district. |
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78 | 78 | | 51 Among the remaining teachers without professional teacher status, no teacher shall be |
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79 | 79 | | 52laid off pursuant to a reduction in force or reorganization if there is a less qualified teacher |
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80 | 80 | | 53without such status holding the same or similar position for which the covered employee is |
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81 | 81 | | 54currently certified. |
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82 | 82 | | 55 The school committee and the collective bargaining representative may negotiate for |
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83 | 83 | | 56seniority or length of service only as a tie-breaker in personnel actions under this paragraph 4 of 4 |
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84 | 84 | | 57among teachers whose qualifications are no different using the qualifications collectively |
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85 | 85 | | 58bargained for in accordance with this paragraph. |
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86 | 86 | | 59 SECTION 2. The department of elementary and secondary education shall evaluate the |
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87 | 87 | | 60extent to which this act contributed to its goal of increasing the percentage of Massachusetts |
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88 | 88 | | 61public school teachers of color and shall report its findings along with any recommendations not |
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89 | 89 | | 62later than June 30, 2031. The department shall submit such report to the clerks of the senate and |
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90 | 90 | | 63the house of representatives, who shall forward the same to the chairs of the joint committee on |
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91 | 91 | | 64education. |
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92 | 92 | | 65 SECTION 3. Section 1 shall take effect on April 30, 2026. |
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93 | 93 | | 66 SECTION 4. Section 1 is hereby repealed. |
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94 | 94 | | 67 SECTION 5. Section 4 shall take effect on December 31, 2032. |
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