Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S430 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. 2149 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 430
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jacob R. Oliveira
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 the long-term fiscal health and sustainability of special education in the
13	13	Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Jacob R. OliveiraHampden, Hampshire and WorcesterJoanne M. ComerfordHampshire, Franklin and Worcester1/30/2025Vanna Howard17th Middlesex1/30/2025Michael D. BradySecond Plymouth and Norfolk1/31/2025James K. Hawkins2nd Bristol2/12/2025Mike Connolly26th Middlesex2/13/2025John F. KeenanNorfolk and Plymouth2/20/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025James B. EldridgeMiddlesex and Worcester3/3/2025 1 of 5
17	17	SENATE DOCKET, NO. 2149 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 430
19	19	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 430) of Jacob R. Oliveira, Joanne
20	20	M. Comerford, Vanna Howard, Michael D. Brady and other members of the General Court for
21	21	legislation for a special commission to review and valuate the commonwealth’s current special
22	22	education financing structure. Education.
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 relative to the long-term fiscal health and sustainability of special education in the
29	29	Commonwealth.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. (a) There shall be a special commission to study Chapter 71B and make
33	33	2recommendations toward the long-term fiscal health and sustainability of Special Education
34	34	3throughout the Commonwealth, and make recommendations to consider all matters pertaining to
35	35	4the improvement of fiscal health and educational outcomes. The commission shall examine the
36	36	5impact and efficacy of special education funding in the Commonwealth.
37	37	6 (b)The commission’s review shall evaluate the commonwealth’s current special
38	38	7education financing structure and make recommendations to achieve the following goals:
39	39	8 (1)special education funds shall be sufficient to allow all schools to provide a high
40	40	9quality education in the least restrictive environment that meets the unique needs of each eligible
41	41	10student; 2 of 5
42	42	11 (2)special education funds provided to school districts shall recognize the variation
43	43	12in the resources that are required to provide students with different disabilities a high quality
44	44	13education;
45	45	14 (3)districts with more students receiving special education services shall equitably
46	46	15receive more state special education assistance funding than districts with fewer students
47	47	16receiving special education services;
48	48	17 (4)districts with less local resources shall equitably receive more state special
49	49	18education assistance funding than districts with more local resources;
50	50	19 (5)special education funds shall be relatively predictable and stable to enable school
51	51	20districts to budget effectively and implement multi-year plans; Circuit Breaker reimbursement
52	52	21not less than 90%.
53	53	22 (6)the special education funding system shall promote the efficient use of funds
54	54	23without incentivizing the under or misdiagnosis of students with disabilities;
55	55	24 (7)the special education funding system shall promote flexibility and innovation in
56	56	25providing high quality education;
57	57	26 (8)the special education funding system shall limit local financial responsibility for
58	58	27providing education to students with extraordinary needs; include circuit breaker reimbursement
59	59	28for Pre-K and kindergarten out of district placements.
60	60	29 (9)the special education funding system shall provide sufficient funds to meet the
61	61	30costs of transportation of special education students. Circuit Breaker Special Education
62	62	31transportation reimbursement not less than 90%. 3 of 5
63	63	32 (a)In carrying out the review, the commissioner of elementary and secondary
64	64	33education shall provide to the commission any data and information relevant to the commission’s
65	65	34charge. The commissioner of elementary and secondary education shall furnish reasonable staff
66	66	35and other support for the work of the commission.
67	67	36 (b)Prior to issuing its recommendations, the commission shall conduct not fewer
68	68	37than 4 public hearings across regions of the commonwealth.
69	69	38 (c)The special commission shall consist of the chairs of the joint committee on
70	70	39education, the commissioner of education or designee, one member of the house of
71	71	40representatives to be appointed by the speaker, one member of the senate to be appointed by the
72	72	41senate president, and ten members to be appointed by the governor, one of whom shall be a
73	73	42representative of the Massachusetts Administrators for Special Education, one of whom shall be
74	74	43a representative of the Massachusetts Association of School Committees, one of whom shall be a
75	75	44representative of the Massachusetts Association of School Superintendents, one of whom shall
76	76	45be a member of Parent Teacher Association, one of whom shall be a member of the
77	77	46Massachusetts Municipal Association, Inc., one of whom shall be a member of the
78	78	47Massachusetts Business Alliance for Education, Inc.,, one of whom shall be a representative of
79	79	48the Massachusetts School Counselors Association, one of whom shall be a representative of the
80	80	49Massachusetts School Administrators Association, one of whom shall be a member of
81	81	50Massachusetts Organization of Educational Collaboratives, one of whom shall be a member of
82	82	51Massachusetts Association of School Business Officials, one of whom shall be a representative
83	83	52of the Massachusetts Teachers Association, and one of whom shall be a representative of
84	84	53American Federation of Teachers Massachusetts. 4 of 5
85	85	54 (d)It shall not constitute a violation of chapter 268A of the General Laws for a
86	86	55person employed by a school district to serve on the commission or to participate in commission
87	87	56deliberations that may have a financial impact on the district employing that person or on the rate
88	88	57at which that person may be compensated. The commission may establish procedures to ensure
89	89	58that no such person participates in commission deliberations that may directly affect the school
90	90	59districts employing those persons or that may directly affect the rate at which those persons are
91	91	60compensated.
92	92	61 (f) The commission shall file its report with the clerks of the house of representatives and
93	93	62the senate on or before June 30, 2027. A copy of the report and recommendations shall be made
94	94	63publicly available on the website of the department of elementary and secondary education and
95	95	64submitted to the joint committee on education, the joint committee on children, families and
96	96	65persons with disabilities, and the house and senate committees on ways and means.
97	97	66 SECTION 2. Section 5A of chapter 71B of the General Laws, as appearing in the 2020
98	98	67Official Edition, is hereby amended by striking out, in subsection (c), the number “75”, and
99	99	68inserting in place thereof the number “90”.
100	100	69 SECTION 3. (b) Section 5A of chapter 71B of the General Laws, as appearing in the
101	101	702020 Official Edition, is hereby amended by inserting after the word “threshold.” , the following:
102	102	71Transportation costs shall be reimbursed at 90%.
103	103	72 SECTION 4. Section 5A of chapter 71B of the General Laws, as appearing in the 2020
104	104	73Official Edition, is hereby amended by striking out, in subsection (a), after “Approved Costs
105	105	74Threshold”, the number “$45,793”, and inserting in place thereof the number “$37,120”. 5 of 5
106	106	75 SECTION 6. Said chapter 71B of the General Laws is:(a) hereby established, pursuant to
107	107	76section 2A of chapter 4 of the General Laws, a special education financing legislative
108	108	77commission to review the commonwealth’s system for financing special education and make
109	109	78recommendations for a more equitable system that provides adequate funding to local school
110	110	79districts to meet the costs of providing high quality education to students with disabilities.
111	111	80 SECTION 7. Section 40 Chapter 4 E of the General Laws, as appearing in the 2022
112	112	81Official Edition, is hereby amended by adding the following language: The Department of
113	113	82Elementary and Secondary Education shall, subject to appropriation, provide funding to
114	114	83educational collaboratives, as defined in this section, for a portion of the per pupil facilities needs
115	115	84component included in the Collaborative tuition amount and shall reimburse the sending school
116	116	85districts for said costs. In fiscal year 2025 and thereafter, such funding shall not be less than
117	117	86$4320 per pupil and adjusted by the foundation inflation index, as defined in section 2 of chapter
118	118	8770, in each subsequent year.