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2 | 2 | | SENATE DOCKET, NO. 40 FILED ON: 1/6/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 348 |
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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 | | Lydia Edwards |
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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 providing in-district transportation funding. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkAngelo J. Puppolo, Jr.12th Hampden3/5/2025Vanna Howard17th Middlesex3/5/2025Michael D. BradySecond Plymouth and Norfolk3/5/2025Jacob R. OliveiraHampden, Hampshire and Worcester3/5/2025James K. Hawkins2nd Bristol3/5/2025Mike Connolly26th Middlesex3/5/2025Bruce E. TarrFirst Essex and Middlesex3/5/2025James B. EldridgeMiddlesex and Worcester3/5/2025 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 40 FILED ON: 1/6/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 348 |
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18 | 18 | | By Ms. Edwards, a petition (accompanied by bill, Senate, No. 348) of Lydia Edwards, Angelo J. |
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19 | 19 | | Puppolo, Jr., Vanna Howard, Michael D. Brady and other members of the General Court for |
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20 | 20 | | legislation to provide in-district transportation funding for students. Education. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act providing in-district transportation funding. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 71B of the General Laws, as appearing in the 2022 Official |
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30 | 30 | | 2Edition, is hereby amended by inserting the following section:- |
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31 | 31 | | 3 Section 14. The state treasurer shall annually, on or before November 20th, reimburse |
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32 | 32 | | 4any city, town, regional school district or independent vocational school for expenditures |
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33 | 33 | | 5incurred during the previous fiscal year in the transportation of pupils enrolled in special |
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34 | 34 | | 6education programs, in the manner hereinafter defined, provided that such transportation services |
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35 | 35 | | 7are required by the individual educational plan of each such pupil, that such services are not |
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36 | 36 | | 8normally provided to pupils enrolled in regular day program in said city, town, regional school |
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37 | 37 | | 9district or independent vocational school, and that the expenditures for such services are not |
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38 | 38 | | 10eligible for reimbursement under section 5A of this chapter. Such reimbursement shall include: |
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39 | 39 | | 11first, an amount for each such pupil enrolled in a special education program which is equal to the |
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40 | 40 | | 12average transportation services expenditure per pupil enrolled in regular day program in said 2 of 3 |
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41 | 41 | | 13city, town, regional school district or independent vocational school during said fiscal year; and |
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42 | 42 | | 14second, the entire amount by which each of the average transportation services expenditures per |
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43 | 43 | | 15pupil enrolled in each special education program prototype, as defined in regulations |
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44 | 44 | | 16promulgated under this chapter, in said city, town, regional school district or independent |
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45 | 45 | | 17vocational school during said fiscal year may exceed the aforesaid average transportation |
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46 | 46 | | 18services expenditure per pupil enrolled in regular day program. In no instance, however, shall the |
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47 | 47 | | 19amount of reimbursement for such excess cost within such special education program prototype |
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48 | 48 | | 20exceed one hundred and ten per cent of the averages of such excess costs in all cities, towns, |
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49 | 49 | | 21regional school districts and independent vocational schools during the fiscal year in which such |
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50 | 50 | | 22expenditures were made. |
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51 | 51 | | 23 In determining each said average transportation services expenditure per pupil enrolled in |
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52 | 52 | | 24regular day program in each city, town, regional school district and independent vocational |
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53 | 53 | | 25school, the department of elementary and secondary education shall use the transportation |
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54 | 54 | | 26services expenditure per pupil eligible for reimbursement under sections 7 A, 7B or 16C of |
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55 | 55 | | 27chapter 71, whichever is higher, during the same fiscal year. The commissioner of elementary |
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56 | 56 | | 28and secondary education may, by regulation, under the direction of the state board of elementary |
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57 | 57 | | 29and secondary education, further define the expenditures per pupil to be used in aforesaid |
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58 | 58 | | 30computations. |
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59 | 59 | | 31 SECTION 2. Notwithstanding any general or special law to the contrary, reimbursements |
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60 | 60 | | 32authorized under section 14 of chapter 71B of the general laws, as inserted by this act, shall be |
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61 | 61 | | 33made in accordance with the following funding schedule: (i) not less than 25 per cent of the total |
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62 | 62 | | 34eligible state obligation in fiscal year 2026; (ii) not less than 50 per cent of the total eligible state |
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63 | 63 | | 35obligation in fiscal year 2027; (iii) not less than 75 per cent of the total eligible state obligation in 3 of 3 |
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64 | 64 | | 36fiscal year 2028; and (iv) not less than 100 per cent of the total eligible state obligation in fiscal |
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65 | 65 | | 37year 2029 and in subsequent fiscal years. |
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66 | 66 | | 38 SECTION 3. Notwithstanding any general or special law to the contrary, reimbursements |
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67 | 67 | | 39authorized under section 7A of chapter 71 of the general laws shall be made in accordance with |
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68 | 68 | | 40the following funding schedule: (i) not less than 25 per cent of the total eligible state obligation |
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69 | 69 | | 41in fiscal year 2026; (ii) not less than 50 per cent of the total eligible state obligation in fiscal year |
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70 | 70 | | 422027; (iii) not less than 75 per cent of the total eligible state obligation in fiscal year 2028; and |
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71 | 71 | | 43(iv) not less than 100 per cent of the total eligible state obligation in fiscal year 2029 and in |
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72 | 72 | | 44subsequent fiscal years. |
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