Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S436 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. 1208 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 436
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Pavel M. Payano
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 affirming and maintaining equal access to public education for all children.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Pavel M. PayanoFirst EssexSal N. DiDomenicoMiddlesex and SuffolkJason M. LewisFifth Middlesex2/6/2025Vanna Howard17th Middlesex2/21/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/25/2025 1 of 3
16	16	SENATE DOCKET, NO. 1208 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 436
18	18	By Mr. Payano, a petition (accompanied by bill, Senate, No. 436) of Pavel M. Payano, Sal N.
19	19	DiDomenico, Jason M. Lewis, Vanna Howard and others for legislation to affirm and maintain
20	20	equal access to public education for English learners. Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to affirming and maintaining equal access to public education for all children.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 3 of chapter 71B of the General Laws, as appearing in the 2022
30	30	2Official Edition, is hereby amended by inserting in the sixth paragraph after the words
31	31	3“emotional development”, in line 145, the following sentences:-
32	32	4 When conducting an evaluation for a child who is an English learner as defined pursuant
33	33	5to MGL Chapter 71A Section 3, school committees shall consider the English language
34	34	6proficiency of the student. Assessments and other evaluation materials used to evaluate said
35	35	7child shall be provided and administered in the child’s primary language and in the form most
36	36	8likely to yield accurate information on what the child knows and can do academically,
37	37	9developmentally, and functionally. The Individualized Education Program (IEP) team, as defined
38	38	10by the regulations of the department, that is convened for an English learner shall include a
39	39	11participant who has requisite knowledge of the student’s language needs and shall also include
40	40	12participants with training and expertise in second language acquisition and an understanding of 2 of 3
41	41	13how to differentiate between the student’s limited English proficiency and the student’s
42	42	14disability. Whenever an evaluation indicates that a child who is an English learner is also a
43	43	15school aged child with a disability, the Individualized Education Program (IEP) team shall
44	44	16ensure that the IEP includes services to meet both the English language and special education
45	45	17needs of the child.
46	46	18 SECTION 2. Section 5 of Chapter 71A of the General Laws, as appearing in the 2022
47	47	19Official Edition, is hereby amended by adding after the words “explanation of the denial” the
48	48	20following paragraph:-
49	49	21 (c) School districts shall not recommend that parents decline all or some services within
50	50	22an English learner program for any reason, including facilitating scheduling of special education
51	51	23services or other scheduling reasons.
52	52	24 SECTION 3. Section 1B of Chapter 69 of the General Laws, as appearing in the 2022
53	53	25Official Edition, is hereby amended by inserting after the thirteenth paragraph, in line 82, the
54	54	26following paragraph:-
55	55	27 The board shall ensure meaningful communication between school personnel and parents
56	56	28and legal guardians of all students receiving educational services pursuant to Chapters 69, 71,
57	57	2971A, 71B and 74. The board shall ensure that interpreters and translators used in public school
58	58	30settings are bilingual, have knowledge in both languages of any specialized terms or concepts to
59	59	31be used in the communication at issue, and that interpreters are trained on the role of an
60	60	32interpreter and translator, the ethics of interpreting and translating, and the need to maintain
61	61	33confidentiality. 3 of 3
62	62	34 SECTION 4. Section 4 of said chapter 71A, as so appearing, is hereby amended by
63	63	35inserting after the words “English language acquisition component”, in line 12, the following
64	64	36words:- , including but not limited to addressing any academic deficits resulting from focusing
65	65	37on English language acquisition within a reasonable amount of time.
66	66	38 SECTION 5. Section 3 of said chapter 71B, as so appearing, is hereby amended by
67	67	39inserting in the ninth paragraph after the word “available”, in line 171, the following sentence:-
68	68	40 The department shall promulgate regulations to continue in effect and enforce the
69	69	41provisions of 20 USC sec.1415(k) in effect on January 1, 2025.
70	70	42 SECTION 6. Section 5 of chapter 76 of the General Laws, as appearing in the 2022
71	71	43Official Edition, is hereby amended by inserting after the word “national origin” the following
72	72	44words:- , immigration or citizenship status, disability,