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SENATE DOCKET, NO. 2149 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 430
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jacob R. Oliveira
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the long-term fiscal health and sustainability of special education in the
Commonwealth.
_______________
PETITION OF:
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
SENATE DOCKET, NO. 2149 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 430
By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 430) of Jacob R. Oliveira, Joanne
M. Comerford, Vanna Howard, Michael D. Brady and other members of the General Court for
legislation for a special commission to review and valuate the commonwealth’s current special
education financing structure. Education.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to the long-term fiscal health and sustainability of special education in the
Commonwealth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. (a) There shall be a special commission to study Chapter 71B and make
2recommendations toward the long-term fiscal health and sustainability of Special Education
3throughout the Commonwealth, and make recommendations to consider all matters pertaining to
4the improvement of fiscal health and educational outcomes. The commission shall examine the
5impact and efficacy of special education funding in the Commonwealth.
6 (b)The commission’s review shall evaluate the commonwealth’s current special
7education financing structure and make recommendations to achieve the following goals:
8 (1)special education funds shall be sufficient to allow all schools to provide a high
9quality education in the least restrictive environment that meets the unique needs of each eligible
10student; 2 of 5
11 (2)special education funds provided to school districts shall recognize the variation
12in the resources that are required to provide students with different disabilities a high quality
13education;
14 (3)districts with more students receiving special education services shall equitably
15receive more state special education assistance funding than districts with fewer students
16receiving special education services;
17 (4)districts with less local resources shall equitably receive more state special
18education assistance funding than districts with more local resources;
19 (5)special education funds shall be relatively predictable and stable to enable school
20districts to budget effectively and implement multi-year plans; Circuit Breaker reimbursement
21not less than 90%.
22 (6)the special education funding system shall promote the efficient use of funds
23without incentivizing the under or misdiagnosis of students with disabilities;
24 (7)the special education funding system shall promote flexibility and innovation in
25providing high quality education;
26 (8)the special education funding system shall limit local financial responsibility for
27providing education to students with extraordinary needs; include circuit breaker reimbursement
28for Pre-K and kindergarten out of district placements.
29 (9)the special education funding system shall provide sufficient funds to meet the
30costs of transportation of special education students. Circuit Breaker Special Education
31transportation reimbursement not less than 90%. 3 of 5
32 (a)In carrying out the review, the commissioner of elementary and secondary
33education shall provide to the commission any data and information relevant to the commission’s
34charge. The commissioner of elementary and secondary education shall furnish reasonable staff
35and other support for the work of the commission.
36 (b)Prior to issuing its recommendations, the commission shall conduct not fewer
37than 4 public hearings across regions of the commonwealth.
38 (c)The special commission shall consist of the chairs of the joint committee on
39education, the commissioner of education or designee, one member of the house of
40representatives to be appointed by the speaker, one member of the senate to be appointed by the
41senate president, and ten members to be appointed by the governor, one of whom shall be a
42representative of the Massachusetts Administrators for Special Education, one of whom shall be
43a representative of the Massachusetts Association of School Committees, one of whom shall be a
44representative of the Massachusetts Association of School Superintendents, one of whom shall
45be a member of Parent Teacher Association, one of whom shall be a member of the
46Massachusetts Municipal Association, Inc., one of whom shall be a member of the
47Massachusetts Business Alliance for Education, Inc.,, one of whom shall be a representative of
48the Massachusetts School Counselors Association, one of whom shall be a representative of the
49Massachusetts School Administrators Association, one of whom shall be a member of
50Massachusetts Organization of Educational Collaboratives, one of whom shall be a member of
51Massachusetts Association of School Business Officials, one of whom shall be a representative
52of the Massachusetts Teachers Association, and one of whom shall be a representative of
53American Federation of Teachers Massachusetts. 4 of 5
54 (d)It shall not constitute a violation of chapter 268A of the General Laws for a
55person employed by a school district to serve on the commission or to participate in commission
56deliberations that may have a financial impact on the district employing that person or on the rate
57at which that person may be compensated. The commission may establish procedures to ensure
58that no such person participates in commission deliberations that may directly affect the school
59districts employing those persons or that may directly affect the rate at which those persons are
60compensated.
61 (f) The commission shall file its report with the clerks of the house of representatives and
62the senate on or before June 30, 2027. A copy of the report and recommendations shall be made
63publicly available on the website of the department of elementary and secondary education and
64submitted to the joint committee on education, the joint committee on children, families and
65persons with disabilities, and the house and senate committees on ways and means.
66 SECTION 2. Section 5A of chapter 71B of the General Laws, as appearing in the 2020
67Official Edition, is hereby amended by striking out, in subsection (c), the number “75”, and
68inserting in place thereof the number “90”.
69 SECTION 3. (b) Section 5A of chapter 71B of the General Laws, as appearing in the
702020 Official Edition, is hereby amended by inserting after the word “threshold.” , the following:
71Transportation costs shall be reimbursed at 90%.
72 SECTION 4. Section 5A of chapter 71B of the General Laws, as appearing in the 2020
73Official Edition, is hereby amended by striking out, in subsection (a), after “Approved Costs
74Threshold”, the number “$45,793”, and inserting in place thereof the number “$37,120”. 5 of 5
75 SECTION 6. Said chapter 71B of the General Laws is:(a) hereby established, pursuant to
76section 2A of chapter 4 of the General Laws, a special education financing legislative
77commission to review the commonwealth’s system for financing special education and make
78recommendations for a more equitable system that provides adequate funding to local school
79districts to meet the costs of providing high quality education to students with disabilities.
80 SECTION 7. Section 40 Chapter 4 E of the General Laws, as appearing in the 2022
81Official Edition, is hereby amended by adding the following language: The Department of
82Elementary and Secondary Education shall, subject to appropriation, provide funding to
83educational collaboratives, as defined in this section, for a portion of the per pupil facilities needs
84component included in the Collaborative tuition amount and shall reimburse the sending school
85districts for said costs. In fiscal year 2025 and thereafter, such funding shall not be less than
86$4320 per pupil and adjusted by the foundation inflation index, as defined in section 2 of chapter
8770, in each subsequent year.