Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1721 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1005 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1721
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Liz Miranda
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 An Act to ensure educational rights are upheld for incarcerated youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond Suffolk 1 of 5
16	16	SENATE DOCKET, NO. 1005 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1721
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1721) of Liz Miranda for
19	19	legislation to ensure educational rights are upheld for incarcerated emerging adults. Public
20	20	Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1542 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act An Act to ensure educational rights are upheld for incarcerated youth.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 39 of chapter 15A of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by striking the first sentence and inserting in place thereof
33	33	3the following: -
34	34	4 A qualified student enrolled in a public secondary school, including school-age children
35	35	5in the care or custody of the department of youth services, county houses of corrections or the
36	36	6department of correction, may enroll as a student in Massachusetts public institutions of higher
37	37	7education.
38	38	8 SECTION 2. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition,
39	39	9is hereby amended by inserting after section 6A the following section:- 2 of 5
40	40	10 Section 6B. All public secondary schools shall credit coursework completed by students
41	41	11in institutional settings, including the county houses of correction, the department of correction,
42	42	12the department of mental health, the department of public health, and the department of youth
43	43	13services toward the public school’s graduation requirements and shall list said coursework on the
44	44	14student’s transcript.
45	45	15 SECTION 3. Section 11A of chapter 71B of the General Laws, as appearing in the 2020
46	46	16Official Edition, is hereby amended by striking out the first sentence and inserting in place
47	47	17thereof the following paragraph:-
48	48	18 Upon a student’s entry into custody in a jail or correctional facility, the facility will
49	49	19promptly conduct appropriate intake procedures to determine if the student was previously
50	50	20identified as being in need of special education and promptly report this information, as well as
51	51	21any perception that the student, though not identified previously, may be in need of special
52	52	22education to the department of elementary and secondary education. The department shall
53	53	23directly provide special education to school-aged children with a disability in the care and
54	54	24custody of state correctional facilities as defined by section 1 of chapter 125.
55	55	25 SECTION 4. Section 1 of chapter 124 of the General Laws, as appearing in the 2020
56	56	26Official Edition, is hereby amended by adding the following subsection:-
57	57	27 (v) in accordance with clause (q), the commissioner shall, as part of making and
58	58	28promulgating rules and regulations regarding education, training, and employment, require that
59	59	29all individuals who have not attained their 22nd birthday housed at a county house of corrections
60	60	30or state correctional facility, regardless of classification, disciplinary, or housing status, be
61	61	31provided with opportunities to: receive credit toward high school graduation; graduate from high 3 of 5
62	62	32school; pursue and receive credit for high school equivalency through instruction and testing
63	63	33such as the Hi-Set or GED; pursue and receive credit for higher education; and receive
64	64	34vocational training. The rules and regulations shall require that educational opportunities be
65	65	35offered for a minimum of 6 hours of classroom instruction every weekday, 12 months per year;
66	66	36and pursue, as far as practicable, college-level courses or appropriate vocational education and
67	67	37training. Education for special education students shall be delivered in accordance with
68	68	38established individual education plans or newly established plans where no previous plan exists.
69	69	39New or prior individualized education plans may be reasonably modified, or newly written, to
70	70	40accommodate limitations imposed by the correctional environment, so long as such
71	71	41modifications or new plans do not preclude the delivery of a free appropriate public education or
72	72	42impede progress toward a high school graduation.
73	73	43 Interpretation and translation services will be provided to English Language Learner
74	74	44students, including but not limited to those with disabilities, to ensure meaningful access to the
75	75	45special education process, which shall include interpretation services at IEP and Section 504
76	76	46meetings and translated Section 504 plans and IEPs, assessments conducted by or at the request
77	77	47of the facility or its medical service providers as part of an initial evaluation or reevaluation to
78	78	48determine eligibility for special education and related services, and due process rights notices in
79	79	49accordance with Title VI of the Civil Rights Act of 1964 and the Equal Educational
80	80	50Opportunities Act of 1974.
81	81	51 SECTION 5. Section 2 of said chapter 124, as so appearing, is hereby amended by
82	82	52striking the last paragraph and inserting in place thereof the following paragraphs:- 4 of 5
83	83	53 Subject to the supervision and control of the commissioner, the deputy commissioner for
84	84	54educational services shall, in consultation with the department of elementary and secondary
85	85	55education, establish and maintain standards for all teaching positions in the jurisdiction of the
86	86	56department and shall review the qualifications and performances of all teaching personnel in the
87	87	57department.
88	88	58 Each of the said deputy commissioners shall perform such other duties as may be
89	89	59assigned to him from time to time by the commissioner.
90	90	60 SECTION 6. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
91	91	61is hereby amended by inserting after section 32A the following section:-
92	92	62 Section 32B. Any person who has attained the age of criminal majority but has not yet
93	93	63attained the age of 26 in jails or correctional facilities shall be treated as needing aid,
94	94	64encouragement, and guidance, consistent with the goal of positive youth development to assume
95	95	65the responsibilities and exercise the rights of a citizen of the commonwealth.
96	96	66 SECTION 7: Section 39 of said chapter 127, as so appearing, is hereby amended by
97	97	67inserting in paragraph (b) after the word "population," in line 31, the following words:-
98	98	68 including the right to special education services
99	99	69 SECTION 8. Section 48 of said chapter 127, as so appearing, is hereby amended by
100	100	70striking the last paragraph of said section and inserting in place thereof:-
101	101	71 The commissioner shall make and promulgate rules and regulations governing programs
102	102	72established under this section which shall include provisions for hours, conditions of
103	103	73employment, wage rates for employment program participants, incentive payments for education 5 of 5
104	104	74and training program participants, provision of good time for participation in education programs
105	105	75at the highest level as awarded by the institution for any activity in the institution, and deductions
106	106	76from said wages pursuant to the provisions of section 86 F.
107	107	77 SECTION 9. Section 49A of said chapter 127, as so appearing, is hereby amended by
108	108	78inserting after the third paragraph the following paragraph:-
109	109	79 Consistent with the foregoing, all individuals who have not attained their 22nd birthday
110	110	80housed at a county house of corrections or state correctional facility, regardless of disciplinary
111	111	81classification or housing status, shall be provided with a minimum of 6 hours of classroom
112	112	82instruction and educational opportunities on every weekday, 12 months per year to: receive
113	113	83credit toward high school graduation; graduate from high school; receive special education
114	114	84services for those who are eligible; pursue and receive credit for higher education; and receive
115	115	85vocational training.