Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S950 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 819 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 950
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 to advance fairness, integrity, and excellence in higher education admissions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Pavel M. PayanoFirst Essex 1 of 7
16	16	SENATE DOCKET, NO. 819 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 950
18	18	By Mr. Payano, a petition (accompanied by bill, Senate, No. 950) of Pavel M. Payano for
19	19	legislation to require higher education institutions to issue an annual report to the attorney
20	20	general and department of higher education on their prior year admissions preference. Higher
21	21	Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to advance fairness, integrity, and excellence in higher education admissions.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 15A of the General Laws is hereby amended by inserting after
31	31	2section 5A the following section:-
32	32	3 Section 5B. (a) For the purposes of this section, the following terms shall, unless the
33	33	4context clearly requires otherwise, have the following meanings:
34	34	5 “Early action”, an admissions plan that allows a student to apply at an earlier stage of the
35	35	6admissions process and receive an expedited admissions decision but does not require the student
36	36	7to pledge to attend the institution upon receiving a decision of admittance.
37	37	8 “Early decision”, an admissions plan that allows a student to apply at an earlier stage of
38	38	9the admissions process, receive an expedited admissions decision, and absent extenuating
39	39	10circumstances, requires the student to pledge to attend the institution upon receiving a decision
40	40	11of admittance. 2 of 7
41	41	12 “Endowment”, a fund or collection of funds that supports the operation of a higher
42	42	13education institution, and that is not wholly expendable by the institution on a current basis under
43	43	14the terms of the applicable gift instrument or as per the intent of the donor, trustee or board of
44	44	15directors of the higher education institution or related foundation.
45	45	16 “Higher education institution”, a public or private certificate- or degree-granting college,
46	46	17junior college or university, as authorized by the board of higher education pursuant to section 9.
47	47	18 “Legacy”, a candidate for admission to a higher education institution with a relative who
48	48	19attended or attends that higher education institution.
49	49	20 (b) Annually, not later than December 31, all 4-year, degree-granting higher education
50	50	21institutions shall transmit to the office of the attorney general and the department of higher
51	51	22education the following information annually:
52	52	23 (i) an averment as to whether the institution executed in the prior year an admissions
53	53	24preference or special policy for: (1) legacy applicants; (2) students related to any past, current or
54	54	25prospective donor; (3) students who apply early decision; and (4) students who apply early
55	55	26action;
56	56	27 (ii) the percentage of first year, full-time students enrolled at the higher education
57	57	28institution in the previous academic year who are members of the following separately
58	58	29disaggregated subgroups:
59	59	30 (1) students that receive a maximum federal Pell Grant;
60	60	31 (2) students that receive a less than maximum federal Pell Grant;
61	61	32 (3) students that receive a federal subsidized Stafford Loan but not a federal Pell Grant; 3 of 7
62	62	33 (4) students who are a legacy, with separate disaggregated reporting within by major
63	63	34racial subgroup, receipt of a maximum federal Pell Grant and receipt of a less than maximum
64	64	35federal Pell Grant;
65	65	36 (5) students admitted as per an early decision policy, with separate disaggregated
66	66	37reporting within by major racial subgroup, receipt of a maximum federal Pell Grant and receipt
67	67	38of a less than maximum federal Pell Grant;
68	68	39 (6) students admitted as per an early action policy, with separate disaggregated reporting
69	69	40within by major racial subgroup, receipt of a maximum federal Pell Grant and receipt of a less
70	70	41than maximum federal Pell Grant; and
71	71	42 (7) students admitted to the institution through regular decision, with separate
72	72	43disaggregated reporting within by major racial subgroup, receipt of a maximum federal Pell
73	73	44Grant and receipt of a less than maximum federal Pell Grant;
74	74	45 (iii) the number of student applicants identified as having legacy status and their
75	75	46admission rate, as well as the percentage of admitted legacy students among all admitted
76	76	47students, and their enrollment rate;
77	77	48 (iv) the number of student applicants who apply early decision and early action, and
78	78	49admission rate of each; and
79	79	50 (v) public service fee amounts contributed by each higher education institution per annum
80	80	51to the Higher Education Opportunity Trust Fund, established in section 35TTT of chapter 10. 4 of 7
81	81	52 (c) The office of the attorney general and the department of higher education shall make
82	82	53the information received pursuant to subsection (b) publicly available, disaggregated by higher
83	83	54education institution.
84	84	55 (d) No higher education institution shall as a matter of written or unwritten policy, absent
85	85	56paying a public service fee in an amount consistent with the provisions of subsection (e):
86	86	57 (i) consider legacy status as a factor in admitting a student applicant;
87	87	58 (ii) consider a student applicant’s relationship to a past, current or prospective donor to
88	88	59the higher education institution as a factor in admitting a student applicant; or
89	89	60 (iii) carry out an early decision plan.
90	90	61 (e) (1) A higher education institution that violates a provision of this section shall pay a
91	91	62public service fee to the Trust established in section 2 of a sum calculated according to the
92	92	63following schedule:
93	93	64 (i) 0.01 per cent of its endowment for any offending higher education institution with an
94	94	65endowment per student of less than $50,000, as reported in the higher education institution’s
95	95	66most recent annual report;
96	96	67 (ii) 0.05 per cent of its endowment for any offending higher education institution with an
97	97	68endowment per student of greater than $50,000 but less than $500,000, as reported in the higher
98	98	69education institution’s most recent annual report;
99	99	70 (iii) 0.1 per cent of its endowment for any offending higher education institution with an
100	100	71endowment per student of greater than $500,000 but less than $1,000,000, as reported in the
101	101	72higher education institution’s most recent annual report; 5 of 7
102	102	73 (iv) 0.15 per cent of its endowment for any offending higher education institution with an
103	103	74endowment per student of greater than $1,000,000 but less than $2,000,000, as reported in the
104	104	75higher education institution’s most recent annual report;
105	105	76 (v) 0.2 per cent of endowment for any offending higher education institution with an
106	106	77endowment per student of greater than $2,000,000, as reported in the higher education
107	107	78institution’s most recent annual report.
108	108	79 (2) No offending higher education institution with endowment assets in excess of $1.5
109	109	80billion shall pay a public service fee of less than $1 million. No college with endowment assets
110	110	81in excess of $2 billion shall pay a public service fee of less than $2 million.
111	111	82 (3) Where a higher education institution is part of a university, the calculations required
112	112	83by paragraph (1) shall be based on the endowment of the university and associated endowment
113	113	84funds.
114	114	85 (f) (1) The attorney general shall establish procedures and promulgate regulations to carry
115	115	86out the provisions of this section. The attorney general may investigate compliance by individual
116	116	87higher education institutions and assess public service fee amounts for non-compliance in
117	117	88accordance with subsection (e).
118	118	89 (2) The attorney general shall provide written notice to any higher education institution
119	119	90that fails to timely comply with the established reporting requirements of subsection (b). The
120	120	91attorney general shall notify higher education institutions that failure to respond within 2 weeks
121	121	92of the written notice without just cause may result in the assessment of the public service fee in
122	122	93subsection (e). 6 of 7
123	123	94 (3) No higher education institution shall pay a public service fee in excess of the
124	124	95applicable amount in the schedule in subsection (e) in any 1 calendar year.
125	125	96 (4) All monies collected pursuant to this section shall be deposited in the Higher
126	126	97Educational Opportunity Trust Fund, established in section 35TTT of chapter 10.
127	127	98 SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after
128	128	99section 35SSS the following section:-
129	129	100 Section 35TTT. (a) There shall be established and set up on the books of the
130	130	101commonwealth a Higher Education Opportunity Trust Fund, for the purposes of supporting
131	131	102certificate and degree attainment at the commonwealth’s public community college segment and
132	132	103state university segment of the system of public institutions of higher education, as defined in
133	133	104section 5 of chapter 15A. The fund shall be administered by the executive office of education, as
134	134	105directed by the fund board of trustees established in subsection (b) and in consultation with the
135	135	106department of higher education. No expenditure from the fund shall cause the fund to be in
136	136	107deficiency at the close of a fiscal year. Monies not expended at the end of each fiscal year shall
137	137	108remain in the fund and shall not revert to the General Fund. The fund shall not be subject to
138	138	109appropriation.
139	139	110 (b) The fund shall be managed by a board of trustees, which shall have general
140	140	111supervision of the trust and shall direct all expenditures from the fund to the community college
141	141	112and state university segments within the commonwealth system of public institutions of higher
142	142	113education, as defined in section 5 of chapter 15A, in its discretion. The full duties and obligations
143	143	114of the board shall be set forth in a declaration of trust to be adopted by the board. The board of
144	144	115trustees shall consist of 7 voting trustees, including: (i) the commissioner of the department of 7 of 7
145	145	116higher education or a designee; (ii) the commissioner of the department of elementary and
146	146	117secondary education or a designee, and (iii) 5 additional voting trustees to be appointed by the
147	147	118governor, including: 1 person with demonstrated expertise in elementary and secondary
148	148	119education, 1 person with demonstrated expertise in higher education, 1 person with demonstrated
149	149	120expertise in representing the education workforce as a leader in a labor organization, 1 person
150	150	121who is an employee of a Massachusetts community college, as defined in section 10 of chapter
151	151	12215A, and 1 person who is an employee of a private higher education institution subject to
152	152	123subsection (e) of section 5B of chapter 15A. The appointed voting trustees shall serve for terms
153	153	124of 2 years. Trustees shall be eligible for reappointment. The voting trustees shall elect 1 of the
154	154	125trustees to serve as the chair. There shall be 6 non-voting trustees, 2 of whom shall be appointed
155	155	126by the senate president, 1 of whom shall be appointed by the minority leader of the senate, 2 of
156	156	127whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be
157	157	128appointed by the minority leader of the house of representatives.
158	158	129 SECTION 3. This act shall take effect on July 1, 2026.