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An Act relative to student and educator data privacy
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S280
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SD1797
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T15:49:23.363'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T15:49:23.3633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:22:58.2933333'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 280) of Barry R. Finegold for legislation relative to student and educator data privacy. Education.
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SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting after section 34H the following four sections:-
Section 34I. As used in sections 34I through 34L, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Aggregated data”, data collected and reported at the group, cohort, school, school district, region or state level that is aggregated using protocols that are both intended and reasonably likely to preserve the anonymity of each individual.
“Board”, the board of elementary and secondary education.
“Commissioner”, the commissioner of the department of elementary and secondary education.
"Covered information", information, data or records, inclusive of student records as defined in the board’s regulations, that, alone or in combination, can be used to identify a specific student, teacher, principal, administrator or student’s family member and that is: (i) created by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's or legal guardian's use of the operator's site, service or application for K-12 school purposes; (ii) created by or provided to an operator by an employee or agent of a school district or K-12 school for K-12 school purposes; (iii) gathered by an operator through the operation of its site, service or application for K-12 school purposes and personally identifies a student; or (iv) gathered by an operator through the operation of its site, service or application in connection with performance evaluations conducted pursuant to section 38 of this chapter and that personally identifies a teacher, principal or administrator.
For a student, covered information includes, but is not limited to, information in the student's educational record or electronic mail, including student-generated work; first and last name; home address and geolocation information; telephone number; electronic mail address or other information that allows physical or online contact; discipline records; test results, grades and student evaluations; special education data; juvenile dependency records; criminal records; medical records and health records; social security number; student identifiers; biometric information; socioeconomic information; food purchases; political and religious affiliations; text messages; student identifiers; search activity and online behavior or usage of applications when linked or linkable to a student; photographs; voice recordings; and persistent unique identifiers.
“De-identified data”, records and information from which all personally identifiable information has been removed or obscured such that the remaining information does not reasonably identify a specific individual, including, but not limited to, any information that alone or in combination is linkable to a specific individual.
“Department”, the department of elementary and secondary education.
“Destroy”, action taken in the normal course of business that is intended, and what a reasonable person would believe in the context of the information’s medium, to make such information permanently irretrievable.
“District” or “school district”, the school department of a city or town, regional school district, vocational or agricultural school, independent vocational school or charter school.
“Educational entity”, a state educational agency, school district, K-12 school or subdivision thereof, education collaborative as defined in section 4E of chapter 40, approved public or private day and residential school providing special education services to publicly funded eligible students pursuant to chapter 71B or institutional K-12 school program overseen by a state agency including the department of youth services, the department of mental health or the department of public health as well as employees acting under the authority or on behalf of an educational entity.
“K-12 school”, a school that offers any of grades kindergarten to 12 and that is operated by a school district; provided, further, that a K-12 school shall include any preschool or prekindergarten program or course of instruction provided by a school district.
“K-12 school purposes”, uses that are directed by or that customarily take place at the direction of a school district, K-12 school or teacher or that aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities and collaboration between students, school personnel or parents, or that are otherwise for the use and benefit of the K-12 school; provided, further, that K-12 school purposes shall include comparable purposes in the administration of any preschool or prekindergarten program or course of instruction provided by a school district.
“Operator”, a person or entity operating in accordance with an agreement with an educational entity to provide an Internet website, online service, online application or mobile application for K-12 school purposes or at the direction of an educational entity or an employee of an educational entity; provided, however, that this definition shall not apply to the department, school district, K-12 school or other educational entity.
“Persistent unique identifier”, an identifier that can be used to recognize a consumer, a family or a device that is linked to a consumer or family over time and across different services, including, but not limited to: (i) a device identifier; (ii) an Internet Protocol address; (iii) cookies, beacons, pixel tags, mobile ad identifiers or similar technology; (iv) customer number, unique pseudonym or user alias; or (v) telephone number or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device; provided, however, that for the purposes of this definition “family” means a custodial parent or guardian and any minor children over which the parent or guardian has custody.
“Targeted advertising”, presenting or serving advertisements to a student where the substance, time or manner of the advertisement is determined based in whole or in part on information obtained or inferred over time from that student's online behavior, usage of applications or covered information. It does not include advertising to a student at an online location based upon that student's current visit to that location or in response to that student’s request for information or feedback without the retention of that student's online activities or requests over time for the purpose of targeting subsequent advertisements.
Section 34J. (a) An operator shall not, with respect to its site, service or application:
(1) engage in targeted advertising on the operator’s site, service or application, or targeted advertising on any other site, service or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator's site, service or application for K-12 school purposes;
(2) use covered information, including persistent unique identifiers, created or gathered by the operator's site, service or application, to amass a profile about a student or a teacher, principal or administrator except in furtherance of K-12 school purposes;
(3) sell or rent a student’s information, including covered information; provided, however, that this subsection shall not apply to the purchase, merger or other type of acquisition of an operator by another entity, if the operator or successor entity complies with sections 34I through 34L of this chapter, or to national assessment providers if the national assessment provider secures the express written consent of the parent or student if 18 years old, given in response to clear and conspicuous notice solely to provide access to employment, educational scholarships or financial aid or postsecondary educational opportunities; or
(4) disclose covered information; provided, however, that an operator may disclose covered information of a student so long as clauses (1) through (3), inclusive, of this subsection are not violated, under the following circumstances:
(i) if provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information;
(ii) for research purposes with the approval of the relevant educational entity and in compliance with and subject to the restrictions of state and federal law; provided, however, that the information shall be de-identified prior to being disclosed and that the operator shall share research results with the educational entity in advance of any public dissemination; or
(iii) to an educational entity, including a K-12 school and school district, for K-12 school purposes, as permitted by state or federal law.
(b) An operator shall:
(1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information designed to protect that covered information from unauthorized access, destruction, use, modification or disclosure and in compliance with regulations promulgated by the board pursuant to section 34L of this chapter; and
(2) immediately return or destroy covered information if requested by the educational entity or when covered information is no longer required for K-12 school purposes or other lawful purposes, such as complying with a judicial order or law enforcement request.
(c) Subject to the provisions of this section, an operator may use de-identified data to maintain, develop, support, improve or diagnose the operator’s site, service or application. Subject to the provisions of this section, an operator may use aggregated or de-identified student information to demonstrate the effectiveness of the operator’s products or services, including marketing or within the operator’s site, service or application or other sites, services or applications owned by the operator to improve educational purposes.
(d) Nothing in this section shall be construed to: (1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction; (2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes; (3) apply to general audience Internet websites, general audience online services, general audience online applications or general audience mobile applications, even if login credentials created for an operator’s site, service or application may be used to access those general audience sites, services or applications; (4) limit service providers from providing Internet connectivity to schools or students and their families; (5) prohibit an operator of an Internet website, online service, online application or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section; (6) impose a duty upon a provider of an electronic store, gateway, marketplace or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those applications or software; or (7) prohibit students from downloading, exporting, transferring, saving or maintaining their own data or documents.
(e) An aggrieved student or educational entity may institute a civil action against an operator for damages or to restrain a violation of this section and may recover: (1) up to $10,000 for each disclosure that violates this section; (2) up to $10,000 for each adverse action that violates this section, or actual damages, whichever amount is higher; (3) punitive damages if a court determines that a violation was willful; and (4) reasonable attorneys’ fees and other litigation costs reasonably incurred.
(f) The commissioner may bar an operator that improperly discloses covered information from receiving access to student and educator evaluation records of any educational entity in the commonwealth for a period of no less than five years.
Section 34K. (a) Any contract or agreement that is entered between an educational entity and an operator, as defined in section 34I, pursuant to which the operator sells, leases, provides, operates or maintains a service that grants access to covered information or creates any covered information, including, but not limited to (i) any cloud-based services for the digital storage, management and retrieval of pupil records or (ii) any digital software that authorizes an operator to access and acquire student records, shall contain:
(1) a description of the covered information collected, stored and managed and a statement that covered information and student records continue to be the property and under the control of the educational entity;
(2) a prohibition against the operator using covered information for commercial or advertising purposes or for any purpose other than K-12 school purposes;
(3) a description of the procedures by which a parent, legal guardian or eligible student may review the student’s records and work with the educational entity to correct erroneous information, in accordance with state and federal law;
(4) a requirement that only persons, whether they are employees of the operator or other persons, such as employees of subcontractors, with a legitimate need to access covered information to support professional roles consistent with the terms of the contract or agreement and federal and state law shall have access to it, with either the identification of said persons or an agreement to identify said persons upon request;
(5) a description of the reasonable administrative, technical and physical safeguards including with respect to encryption technology to protect covered information while in motion or in the operator’s custody that the operator will employ to protect the security, confidentiality and integrity of covered information in its custody; provided, however, compliance with this requirement shall not, in itself, absolve the operator of liability in the event of an unauthorized disclosure of covered information;
(6) a description of the procedures for notifying any and all affected parties in the event of an unauthorized disclosure of covered information or any breach of security resulting in an unauthorized release of covered information, provided that the procedures shall comply with chapter 444 of the acts of 2018 and implementing regulations;
(7) a certification that covered information shall be returned or destroyed by the operator upon completion of the terms of the contract; and
(8) a description of how the educational entity and the operator will jointly ensure compliance with applicable federal and state law, including, but not limited to, 20 U.S.C. section 1232g, 15 U.S.C. section 6501 et. seq. and sections 34A through 34L, inclusive, of this chapter.
(b) Any contract that fails to comply with the requirements of this section shall be voidable and all covered information and student records in possession of an operator or any third party shall be returned to the educational entity or, if the return of such information is not technologically feasible, destroyed.
Section 34L. (a) The board shall promulgate regulations that establish data security and privacy responsibilities of the department and educational entities as well as minimum required security standards for operators, including for use in department and educational entity contracts and agreements with operators, and shall approve the department’s data privacy and security policy and security plan for the state data system. The regulations further shall establish the process through which the commissioner, pursuant to subsection (g) of section 34J, may bar an operator from receiving student and educator evaluation data of any educational entity in this commonwealth for a period of no less than five years. The regulations further shall provide that curricula in student data privacy, security and confidentiality shall be a requirement for approved educator preparation programs. In carrying out these responsibilities, the board shall consult with the executive office of technology services and security and seek the input of security and cybersecurity experts, including those from fields in addition to education that have experience with personal data protection.
(b) The commissioner shall appoint a chief privacy officer with experience in data privacy and security. The chief privacy officer shall oversee the development and implementation, subject to the board’s approval, of a department data privacy and security policy and a detailed security plan for the state data system in consultation with the executive office of technology services and security. The chief privacy officer further shall develop a model school district data privacy and security policy as well as a model operator contract or contracts in consultation with the executive office of technology services and security; otherwise support and supervise implementation of sections 34I through 34L, inclusive, of this chapter and the regulations issued by the board pursuant to subsection (a); develop and provide a program of training, technical assistance and resource materials to K-12 schools, school districts and other educational entities including through the issuance of guidance and recommendations to assist with compliance with federal and state law pertaining to personally identifiable information including, but not limited to, 20 U.S.C. 1232g, sections 34A through 34L, inclusive, of chapter 71 of the General Laws, chapter 66A of the General Laws and chapter 444 of the acts of 2018; develop and oversee a program of oversight, support and accountability for the department and educational entities responsible for implementing policies pursuant to sections 34I through 34L of this chapter; and assist the commissioner with enforcement responsibilities regarding operators that violate any provision of sections 34I through 34K, inclusive, of this chapter.
(c) The department shall make publicly available a list of categories of covered information collected by the department including, but not limited to, covered information required to be collected or reported by state or federal law. The list shall contain the source of the information, the reason for the collection of the information and the use of the information collected.
(d) In accordance with the regulations of the board promulgated pursuant to subsection (a), each district shall develop a detailed privacy and security policy for the protection of covered information that includes security breach planning, notice and procedures; provided, however, that said policy shall include a requirement that the district report all significant data breaches of student data either by the district or an operator to the commissioner within ten business days of the initial discovery of the significant data breach; and provided, further, that a district may adopt any model policy developed by the chief privacy officer of the department and approved by the board to comply with this requirement. Each district shall designate an individual to act as a student data manager to oversee said policy.
(e) Each district shall make publicly available on its website a list of categories of student personally identifiable information collected at the school district, school or classroom level. The list shall contain the source of the information, the reason for collection of the information and the use of the information. Each district further shall make publicly available on its website a list of the operators with which the district has a contract or agreement that involves the creation, provision or gathering of covered information and a list of operators with which the district had a contract or agreement that involved the creation, provision or gathering of covered information in the last ten years.
(f) Each district annually shall provide annual training regarding the confidentiality of student data to any employee with access to covered information; provided that, completion of said training shall be a condition of a provisional or standard educator certification as defined in section 38G.
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An Act relative to school improvements in the town of Wilmington
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S281
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SD2297
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T15:17:36.063'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T15:17:36.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S281/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 281) of Barry R. Finegold for legislation relative to school improvements in the town of Wilmington. Education.
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SECTION 1. Item 7010-1192 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the words “improvements at the Wildwood school” and inserting in place thereof the following words:- school improvements.
SECTION 2: This act shall take effect upon its passage.
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An Act to promote a healthy culture and climate within schools
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S282
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SD776
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T12:13:40.263'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T12:13:40.2633333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-30T15:45:30.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S282/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 282) of Anne M. Gobi and Steven S. Howitt for legislation to promote a healthy culture and climate within schools. Education.
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SECTION 1. Section 37 H ¾ of Chapter 71, as so appearing in the 2022 Official Edition, is hereby amended by striking out section (b) and inserting in place thereof the following section:-
(b) Any principal, headmaster, superintendent or person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall consider ways to re-engage the student in the learning process; and shall not suspend or expel a student until alternative remedies have been employed and their use and results documented, following and in direct response to a specific incident or incidents, unless specific reasons are documented as to why such alternative remedies are unsuitable or counter-productive, except, however, in cases where the student’s continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury or other serious harm upon another person while in school or has caused a significant disruption to the learning environment for other students. Alternative remedies may include, but shall not be limited to: (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem-solving. The principal, headmaster, superintendent or person acting as a decision-maker shall also implement school- or district-wide models to re-engage students in the learning process which shall include but not be limited to: (i) positive behavioral interventions and supports models and (ii) trauma-sensitive learning models; provided, however, that school- or district-wide models shall not be considered a direct response to a specific incident.
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An Act relative to school transportation personnel
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S283
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SD1235
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T12:32:10.787'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T12:32:10.7866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S283/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 283) of Anne M. Gobi for legislation relative to school transportation personnel. Education.
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SECTION 1. Section 55A of chapter 71 of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting after the word “nurse” in line 15 the following:- ; school transportation vehicle driver or monitor
SECTION 2. Section 55A of chapter 71, as so appearing, is hereby further amended by inserting after the word “thereof” in line 19 the following:- , on a school transportation vehicle or at a school bus stop
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An Act creating a disproportionate share childcare provider fund
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S284
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SD189
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:41:08.173'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:41:08.1733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S284/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 284) of Adam Gomez for legislation to create a disproportionate share childcare provider fund. Education.
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SECTION 1. Notwithstanding any general or special law to the contrary there shall be established under the Department of Early Education and Care a new fund to be known as the “Disproportionate Share Childcare Provider Fund”. This fund shall provide supplemental funding to certain eligible childcare provider agencies which care for a disproportionate number of high risk children and which meet the criteria set forth in Section 3 of this act.
SECTION 2. On an annual basis not less than fifty percent of licensing fees collected by the Department of Early Education and Care shall be deposited into the Disproportionate Share Childcare Provider Fund established in Section 1 of this act.
SECTION 3. Childcare provider agencies which meet the following criteria shall be eligible for supplemental funding from the Disproportionate Share Childcare Provider Fund:
a) Be an agency which offers center based, family and after school early education and care programs with a licensed capacity of over 150 children; and
b) Have at least 95% of their capacity serving children whose families live at or below the federal poverty level; and
c) Not be a provider of HeadStart or eligible for federal funding as a Community Anti-Poverty Agency; and
d) Receive not less than 90% of agency early education and care revenue from the Department of Early Education and Care; and
e) Operate in a designated “gateway municipality” as defined by Section 3A of Chapter 23A of the General Laws.
SECTION 4. Licensed childcare provider agencies which meet the criteria set forth in Section 3 of this act shall be entitled to an annual payment from the Disproportionate Share Childcare Provider Fund. Payment to eligible agencies shall be made in a manner prescribed by the Commissioner of Early Education and Care. All funds contained in the account shall be expended to eligible licensed childcare provider agencies bi-annually in proportion to the licensed capacity of the eligible agency. Any funds not expended at the end of each fiscal year shall remain in such fund and shall not revert to the General Fund.
SECTION 5. This act shall take effect upon its passage.
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An Act relative to dropout prevention and re-engagement
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S285
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SD305
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T18:43:10.88'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T18:43:10.88'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:44:05.18'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S285/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 285) of Adam Gomez and Michael J. Barrett for legislation relative to dropout prevention and recovery. Education.
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SECTION 1. SHORT TITLE
This act may be cited as the “Dropout Prevention and Re-engagement Act.”
SECTION 2. Section 1B of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “attendance”, in line 120, the following words:- ; provided, however, that all children under the age of 18 shall be required to attend school if they have not graduated from high school.
SECTION 3. Section 1I of chapter 69 of the General Laws, as so appearing, is hereby amended by inserting, after line 61, the following paragraph:-
All individual public schools that instruct students in kindergarten through grade 12 shall use the early warning indicator index system, or any successor data collection and tracking system, developed by the department to identify and track students at risk of not graduating on time; provided that such system shall include a social emotional indicator as one of multiple measures. Individual public schools shall collect all necessary data required for the use of the early warning indicator index system, or any successor data collection and tracking system, as determined by the department. The department shall offer school districts guidance and support on the collection, review, and use of the early warning indicator index system, or any successor data collection system, to best serve the needs of students, teachers, and school staff members. On an annual basis, the department shall compile and analyze the data submitted by individual schools and shall provide the compiled data and analysis to the applicable school. The department shall also make aggregated, de-identified data and analysis available to the public online on an annual basis in a machine readable format. The board may promulgate regulations relating to the implementation and use of the early warning indicator index system, or any successor data collection system, consistent with this paragraph. Notwithstanding anything to the contrary in this section, school districts may use data collection and tracking systems other than the data collection and tracking system offered by the department, subject to the approval of the department. School districts seeking to use data collection and tracking systems other than the data collection and tracking system offered by the department shall apply to the department for a waiver. The department shall grant a waiver to a school district if it determines that the data collection and tracking system of the school district meets or exceeds the criteria of the data collection and tracking system offered by the department. Any such waiver shall be contingent upon the school district agreeing to submit its data to the department. The school district and the department shall also determine who shall be responsible for compiling and analyzing the data and the system for categorizing students as at-risk, as required by section 22 of chapter 76.
SECTION 4. Section 2 of chapter 70 of the General Laws, as so appearing, is hereby amended by adding within the definition of “enrollment categories” the following:-
(H) “At-risk enrollment”, the number of students between the ages of sixteen and eighteen enrolled in the district who are identified as “at-risk students” according to the early warning indicator index system, or any successor data collection and tracking system, as set forth in section 1I of chapter 69.
SECTION 5. Section 1C of chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Each school shall conduct, in cooperation with parents and teachers on the school advisory council, at least one workshop annually for parents and teachers on effective strategies for involving parents in the education of their child and parental involvement in the education of at-risk students. Each school district shall provide a model or guidance to its schools on carrying out the workshops, including, but not limited to, guidance on topics to be covered, outside parties who may be available to assist in the workshops, and strategies to involve parents with economic or linguistic barriers to full participation in the school community.
SECTION 6. Section 37H of said chapter 71 of the General Laws, as so appearing, is hereby amended by striking out the first sentence in the third paragraph and inserting in place thereof the following sentence:-
In each school building containing any of the grades six to twelve, inclusive, the principal, in consultation with the school council, shall prepare and distribute to each student a student handbook setting forth the rules pertaining to the conduct of students.
SECTION 7. Section 1 of chapter 76 of the General Laws, as so appearing, is hereby amended in line 58 by inserting, after the word “herewith”, the following words:-
; provided that no student, regardless of age, shall face criminal liability or be subject to criminal penalties for failure to attend school through the mandatory age for school attendance
SECTION 9. Said chapter 76 is hereby further amended by adding the following new section:-
Section 22. Massachusetts success coach initiative.
As used in this section, the following term shall have the following meaning:
“Students-at-risk of dropping out of school” are any students deemed borderline, high risk, or very high risk, or students that fall under corresponding risk levels in any successor system, according to the early warning indicator index system used by the department of elementary and secondary education, or any successor data collection and tracking system, as set forth in section 1I of chapter 69. For purposes of this act, “students at-risk of dropping out of school” may also be referred to as “at-risk students.”
The Massachusetts success coach initiative shall match at-risk students in grades 7 through 12 who attend schools that qualify for a success coach under this section with success coaches who will monitor the students’ attendance and provide advice and intervention services, or connection to intervention services, such as, but not limited to, peer tutoring, credit recovery, and academic remediation. Success coaches shall leverage the resources and assistance of community organizations working successfully in the field of dropout intervention and re-engagement. Success coaches shall ensure successful transition of at-risk students from middle school to high school, connecting these students with the students’ new school.
The department of elementary and secondary education shall provide resources for districts to hire and place success coaches in every public middle school and high school that, for a high school, has a total annual dropout rate of 5 per cent or more and that, for grades 7 and 8, has a total annual incidence of at-risk students of 5 per cent or more in those grades; provided, however, that a district shall not receive resources for a school with fewer than 20 students who fall into the foregoing categories. The department of elementary and secondary education shall promulgate regulations that set forth an appropriate trigger for success coach resources for schools with disproportionate dropout rates and incidences of at-risk students for demographic subgroups. The department of elementary and secondary education shall also promulgate regulations as to an appropriate coach to student ratio, by which to guide placement of coaches in the respective schools. Districts that share success coaches shall develop an interagency services agreement that sets forth such issues as hiring, oversight and supervision, and payment. The department of elementary and secondary education shall promulgate regulations on what the agreement shall cover. Nothing herein shall prohibit a school district or districts from partnering with an external nonprofit agency with experience and proven results in youth development to staff a success coach in a qualifying school or schools or to train existing staff to be suitable for the role. The department of elementary and secondary may establish regulations setting forth criteria for qualifying agencies.
The department of elementary and secondary education shall establish employment qualifications and program design criteria, including guidance department and social services maintenance of effort guidelines, with which districts must comply as a condition of receiving funding through the Massachusetts success coach initiative; provided that success coaches shall meet employment qualifications equal to or greater than minimum state employment qualifications and shall hold at least a four year bachelor’s degree from an accredited institution. Candidates for employment as a success coach also shall have some past experience working effectively with youth. Districts that meet these conditions shall have the authority to hire and place success coaches in qualifying schools. The department of elementary and secondary education may provide a standardized orientation to success coaches. The responsibilities of success coaches shall include, but not be limited to, the following: identifying at-risk students; implementing school wide support interventions; motivating students to focus on a graduation plan; negotiating extra help for at-risk students; providing academic advice and student support; developing effective transition programs to aid at-risk students moving between schools; connecting parents of at-risk students with appropriate school, government, and community resources; connecting at-risk students with school, government, and community resources; encouraging parent and community involvement; assisting in the reenrollment of students who recently left school; serving, where appropriate, as a support for the student and student’s parent or guardian in any disciplinary hearings or actions; and identifying and addressing barriers to learning resulting from specific risk factors. Districts with high numbers of dropouts may choose to focus the responsibilities of a coach on outreach and re-engagement of dropouts and students with five or more absences unexcused.
Each school district shall provide the success coach with professional development opportunities and administrative and technical support in concert with existing district professional development and administrative and technical support services for district staff. School districts may partner together to provide professional development opportunities and administrative and technical support services. The professional development and support services shall include, but not be limited to: guidance for success coaches on how to best integrate their work with the efforts of school counselors and school social workers in the schools and districts in which they are placed so as to achieve efficient and effective provision of services and to avoid duplication of work, as well as training in trauma-informed practices, cultural responsiveness, and creating and sustaining health youth-adult relationships in a school setting. School districts and school administrators shall consider existing needs and programs when determining the placement of individual coaches. The department of elementary and secondary education may coordinate and lead annual regional meetings to allow success coaches to network and share best practices, strategies, and problem solving methods.
The success coach shall develop and implement an individualized family engagement plan for at-risk students to identify and support practical strategies for strong family involvement in the student’s academic life and in the student’s school community. Where possible, the success coach shall make a good faith effort to first meet individually with the student and shall then convene and develop the plan jointly with the student; his or her parent or guardian or any other family member or caretaker involved in the student’s academic life; and a representative of the student’s school, which may include, but not be limited to, a general education teacher serving the student, a special education teacher serving the student, or a member of the school’s administrative team. The individualized caregiver engagement plan shall describe each of the aforementioned parties’ responsibilities and expectations for supporting the student’s educational progress and shall be signed by the parties. The individualized family engagement plan shall, where appropriate, include referrals to existing resources that may contribute to serving the student’s and family’s needs, including, but not limited to, services and programming provided by government and community-based organizations. The individualized family engagement plan may be developed in conjunction with or as part of an individual student success plan or an individualized education plan; provided, however, that the individualized family engagement plan, as required under this section, must be clearly and separately delineated.
SECTION 10. The department of elementary and secondary education shall track and study the impact on levels of parent engagement and academic success of students in an employer-sponsored pilot program that provides paid leave for employees to participate in academic activities. Any employer in the commonwealth shall be eligible for the pilot program and, if interested, shall inform the department of elementary and secondary education of its intent to participate in the pilot program. The department shall commence said pilot program upon the availability of a statistically significant number of employer and potential employee participants. Prior to implementation of a program, the department of elementary and secondary education and the employer shall enter into an agreement to outline the terms of the program and the department’s study. The agreement shall specify the amount of time, on an annualized basis, to be offered to employees and any limitations or conditions on the use of time, including, but not limited to, requirements for notice, limitations in cases of emergency, and rules for evidence of attendance at an academic activity. The agreement shall also specify the length of time that the program shall run and shall outline the data reporting and collection responsibilities of each party. The agreement shall include a statement that it shall be unlawful for an employer to discharge or discriminate against an employee for taking leave under the program. The department of elementary and secondary education shall report the results and findings of the study to the clerks of the house of representatives and the senate within six months of completion of the study or at the conclusion of the second year of the study, whichever is less, who shall convey the results and findings to the chairs of the joint committee on education and the chairs of the joint committee on labor and workforce development.
SECTION 11. Chapter 741 of the Acts of 1965 is hereby repealed.
SECTION 12. Section 2 shall be effective as of September 1, 2025. From September 1, 2024 until August 31, 2025, all children under the age of 17 shall be required to attend school if they have not graduated from high school.
SECTION 13. Section 3 shall apply commencing the academic school year beginning 2024.
SECTION 14. Section 9 shall apply commencing the academic school year beginning 2024.
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An Act ensuring diversity in public education
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S286
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SD309
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T10:22:37.487'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T10:22:37.4866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:43:58.2066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S286/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 286) of Adam Gomez and Vanna Howard for legislation to ensure diversity in public education. Education.
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SECTION 1. Section 38G of Chapter 71, as appearing in the 2020 Official Edition, is hereby amended by striking the twelfth paragraph in its entirety and inserting in place thereof the following new paragraph:-
To be eligible for certification as a provisional educator, the candidate shall (1) hold a bachelor's degree in arts or sciences from an accredited college or university with a major course in the arts or sciences appropriate to the instructional field; (2) pass a test or satisfy alternative measures of proficiency established by the board; provided, that if the candidate chooses to take a test, that test shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents; and (B) the subject matter knowledge for the certificate; provided further, that in providing an alternative to the test, the board shall consider: (A) the candidate’s proficiency in communication and literacy skills and (B) in subject matter knowledge for the certificate; and (3) be of sound moral character. Candidates who complete the requirements in this paragraph shall be issued provisional educator certificates which will permit them to seek employment in teaching positions requiring instructional certification in districts which have an approved provisional educator preparation program.
SECTION 2. Said section 38G of Chapter 71, as appearing in the 2020 Official Edition, is hereby further amended by striking the eighteenth paragraph in its entirety and inserting in place thereof the following new paragraph:-
To be eligible for certification as a provisional educator with advanced standing, the candidate shall provide evidence that he (1) holds a bachelor's degree in arts or sciences from an accredited college or university with a major course in the arts or sciences appropriate to the instructional field or the equivalent baccalaureate degree; (2) pass a test or satisfy alternative measures of proficiency established by the board; provided, that if the candidate chooses to take a test, that test shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents; and (B) the subject matter knowledge for the certificate; provided further, that in providing an alternative to the test, the board shall consider: (A) the candidate’s proficiency in communication and literacy skills and (B) in subject matter knowledge for the certificate; and (3) has satisfactorily completed a board of education approved teacher preparation program; and (4) is of sound moral character. A candidate who completes the requirements of this paragraph shall be issued a provisional educator certificate with advanced standing which will permit him to seek employment in a teaching position requiring instructional certification.
SECTION 3. Section 18 of Chapter 74, as appearing in the 2020 Official Edition, is hereby amended by striking the first paragraph in its entirety and inserting in place thereof the following new paragraph:-
The state board shall establish basic competency-based vocational-technical teacher training standards which shall serve as the fundamental, pedagogical requirements for beginning vocational-technical instructors. The board shall further require that all persons seeking to meet the board's requirements shall have successfully passed performance and written tests in areas as determined by the board or shall have satisfied alternative measures of proficiency established by the board and shall have successfully completed an approved seminar on teaching skills and methods.
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An Act relative to student representative relative to student representative voting rights
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S287
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SD759
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T09:55:55.543'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T09:55:55.5433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S287/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 287) of Adam Gomez for legislation relative to student representative voting rights. Education.
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SECTION 1. Section 38M of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in lines 9 through 14 the phrase “Said chairperson shall be an ex-officio, nonvoting member of the school committee, without the right to attend executive sessions unless such right is expressly granted by the individual school committee. Said chairperson shall be subject to all school committee rules and regulations and shall serve without compensation.” and inserting in place thereof the following:-
“School committees of cities, towns, and regional school districts shall recognize two (2) student representatives, to be elected by the student bodies of all secondary schools within the district, prior to the first day of June in each year. Said representatives shall be allowed to vote on all matters before the committee. Student representatives shall be subject to all school committee rules and regulations, shall serve without compensation, and without the right to attend executive sessions unless such right is expressly granted by the individual school committee.
There shall also be a student advisory committee with members numbered as determined by the district, to be elected by the students of the secondary school or schools within the district. The purpose of said student advisory committee will be to assist the elected student representatives with their regular duties and to assist their constituents with accessing resources as well as connecting students with the student representatives.”
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An Act to promote racially inclusive curriculum in schools
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S288
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SD2008
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T09:46:49.41'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T09:46:49.41'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-20T11:46:54.03'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-20T11:46:54.03'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T15:43:22.8033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:34:02.0933333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-05-04T16:06:25.98'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-10T14:21:47.7'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-18T08:42:58.7566667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-18T08:42:58.7566667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-08T12:26:13.7933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-06-27T14:20:13.68'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-27T14:20:13.68'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:35:16.1266667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-10-13T13:36:28.7533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S288/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 288) of Adam Gomez, Tram T. Nguyen, Steven Ultrino, Jack Patrick Lewis and others for legislation to promote racially inclusive curriculum in schools. Education.
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SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 2XXXXX the following new section:-
Section 2XXXXX. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Racially Inclusive Curriculum Trust Fund. The fund shall be administered by the commissioner of elementary and secondary education. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further racially inclusive curriculum development in education and professional development. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) Amounts credited to the fund may be expended, without further appropriation, by the commissioner for the following purposes: (i) to assist with the implementation of section 1R of chapter 69, (ii) for the development of racially inclusive curriculum frameworks within multiple disciplines and within the history and social science learning standards; (iii) for the development of materials and resources to enable school districts to implement a racially inclusive curriculum in their schools, (iv) for professional development training, (v) for collaboration and sharing of best practices among school districts, (vi) for collaboration with institutions of higher education and other stakeholder organizations; and (vii) for issuing grants under the grant program established in subsection (c) below.
(c) The commissioner may expend funds from the trust fund for a Racially Inclusive Curriculum in Education grant program. The grant program shall be developed and administered by the commissioner of education for all public schools and school districts to promote a racially inclusive curriculum within and across school districts. All grant applications shall include: (i) a statement of the prospective curriculum or program and the expected impact; (ii) a preliminary estimate of the cost; (iii) sustainability plan of execution of curriculum or program; and (iv) a mechanism for determining how the proposal may be effectively replicated in other school districts. The commissioner of education shall, from time to time, review and make recommendations on the improvement of the design, oversight or implementation of the grant program.
(d) The commissioner may facilitate the granting of funds and other resources to public schools and school districts, state colleges and universities, and community groups. The commissioner will ensure that every public school and school district has the opportunity to apply for grants. Programs eligible for these grants shall be used for the following purposes: (i) professional development training; (ii) for the review of current curricula and standards related to racially inclusive teaching; (iii) for the development of educational materials; (iv) for collaboration with institutions of higher education and other stakeholder organizations; and (v) for collaboration and sharing of model curricula, resources, and best practices with other districts and programs in order to support replication and dissemination of effective practices generated through the grant program.
(e) In expending amounts credited to the fund, the commissioner may prioritize: (i) underserved communities across the commonwealth, including those public schools or school districts with high concentrations of economically-disadvantaged students; (ii) communities that have experienced an incident motivated by racial, ethnic or religious bias; and (iii) schools implementing a racially inclusive curriculum and education models for the first time.
(f) Amounts received from private sources shall be approved by the commissioner of elementary and secondary education and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, that would improperly shape or otherwise hinder the development and implementation of racially inclusive curriculum and instruction, or that would be detrimental to the neutral and rigorous teaching of racially inclusive teaching practices or unduly influence the direction of policies related to racially inclusive teaching. The review shall be made publicly available on the department’s website.
(g) Public schools and school districts awarded funds pursuant to this section shall work with the commissioner of education and the commission to analyze the effectiveness of their initiatives in accordance with assessment measures established by the commission.
(h) Annually, not later than December 1, the commissioner shall report to the clerks of the house of representatives and senate, the joint committee on education and the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including but not limited to, funds expended to assist school districts in meeting the requirements in this section; (iii) any grants provided to institutions of higher education and other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.
SECTION 2. Chapter 69 of the General Laws is hereby amended by inserting after section 1T the following new section:
Section 1U. (a) In all public schools, instruction shall be inclusive of all racial and ethnic groups and shall require the teaching of accurate histories, writings, and contributions of racial and ethnic groups that have been historically underrepresented or marginalized, including but not limited to Indigenous People; African Americans and the Black and African Diaspora; Asian Americans and Pacific Islanders (AAPI) and Asian Diaspora; and Latino/a/x and people with Latin American heritage.
(i) Within academic standards across multiple disciplines required in section 1D of chapter 69, instruction in all grade levels shall include, but not be limited to: (1) studying literature, books and writings by authors from underrepresented groups, as well as art, music, film and other works from these groups, that will provide balanced narratives with multiple perspectives and offer insight into their experiences and cultural identities, (2) highlighting people from underrepresented groups who have made notable positive contributions in math, science, humanities, the arts and other disciplines, and the impact these contributions have had on society, and (3) learning about and fostering understanding of the ethnic and cultural identities, heritage, and customs of underrepresented groups and celebrating their contributions to a multicultural society.
(ii) In the history and social studies academic standards required in section 1D of chapter 69, instruction across grade levels shall aim to provide students an understanding of the unique and shared experiences of each racial group, including underrepresented and marginalized groups of people who may identify as having Indigenous, African, Asian, Latin, and Hispanic heritage in the United States. Instruction shall include, but not be limited to, analyzing and discussing: (1) the history of slavery and segregation and their impact on today’s society; (2) the impact of colonial settlement, land appropriation, western expansion, and creation of tribal reservations; (3) the impact of racial inequities and discriminatory and exclusionary policies and practices; (4) racial violence towards marginalized groups; (5) an understanding of stereotypes and the impact on conscious and unconscious bias; (6) the impact of U.S. immigration history, quotas, restrictions, and other policies; (7) other historical policies, practices and experiences and how they relate to current issues that are affecting racial and ethnic groups in contemporary society; (8) the impact of model minority myths; (9) the role that race plays in community diversity, geographic and economic mobility, and political and socio-economic status; (10) exploring trends in voter registration and civic participation relative to disenfranchised voter populations; and (11) pursuing opportunities to identify and debate issues relative to power and access, economic status, and democracy.
(b) A school district, charter school, approved private day or residential school or collaborative school shall incorporate standards for inclusive teaching of the history, writings, and contributions of underrepresented racial and ethnic groups established pursuant to section 1R and subsection (a) into existing curriculum including, but not limited to, language arts, history and social science, mathematics, performing and visual arts, science and technology, and world language.
(c) All lessons and teaching related to the curriculum must be appropriate for use with students of all races, religions, nationalities, genders, abilities, neurological profiles, sexual orientations, and ethnic and cultural backgrounds, as well as English language learners.
(d) In developing the framework standards pursuant to section 1R subsection (a), the department of elementary and secondary education shall seek input and feedback from community members from traditionally underrepresented racial and ethnic groups, as well as experts in the field of racial, ethnic, and/or cultural studies or related disciplines. Any proposed changes to the standards shall be publicly available with opportunities for public feedback and said input shall be publicly available and considered in the development of standards.
(e) The department shall provide professional development opportunities for educators on the framework standards established pursuant to section 1R and subsection (a), and create tools aligned with the framework to support districts in the implementation process. Subject to funding, the department will facilitate the sharing of model curricula and resources from experts, educators, organizations, and other school districts with implementation experience. Additional support and outreach from the department may include statewide and regional trainings, meetings or conferences, including opportunities for districts and other stakeholders to assess and share evidence-based best practices in support of racially and culturally inclusive education and provide feedback and recommendations to the department.
(f) Every three years the department shall hold a public review and issue a report on the implementation of the racially inclusive curriculum standards to ensure that instructional programs that include the histories, writings and contributions of underrepresented racial and ethnic groups are being offered in the commonwealth to students in kindergarten to grade 12. The general court may be petitioned to direct the commissioner of education to, subject to appropriation, convene a working group consisting of educators experienced in teaching curriculum related to racially and culturally inclusive education, experts in the field of racial, ethnic, or cultural studies or related disciplines, and individuals or organizations in the community from traditionally underrepresented racial and ethnic groups. The review shall further include a report on best practices and recommended improvements to the standards. Such a report shall be submitted to the clerks of the house of representatives and the senate and the chairs of the joint committee on education.
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An Act enhancing learning in the early school years through a ban on school exclusion in pre-kindergarten through 3rd grade
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S289
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SD2039
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T20:37:31.273'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T20:37:31.2733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:35:25.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S289/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 289) of Adam Gomez for legislation to enhance learning in the early school years through a ban on school exclusion in pre-kindergarten through 3rd grade. Education.
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SECTION 1. The General Court hereby finds and declares that:
(1) to give students, especially the most vulnerable, the ability to be prepared for post third grade—an important educational milestone—students must be in school to learn during the prekindergarten to third grade years;
(2) the department of elementary and secondary education must give enhanced attention, tools and resources to create effective responses to the disciplinary challenges that educators face in teaching students in prekindergarten to third grade;
(3) fourth and fifth grade students require sufficient time in school, as their final years in elementary school similarly represent an important educational milestone; and
(4) these steps will enhance equal educational opportunity because disparities in school discipline lead to disparate educational outcomes for students.
(5) these steps are especially important as young students continue to struggle after experiencing learning loss and traumatic experiences due to the COVID-19 pandemic.
SECTION 2. Section 37H¾ of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting before paragraph (a) the following paragraph:
This section shall govern the suspension and expulsion of students enrolled in a public school in the commonwealth who are not charged with a violation of subsections (a) and (b) of section 37H or with a felony under section 37H½.
SECTION 3. Said section 37H¾ of said chapter 71, as so appearing, is hereby further amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-
(a) A student enrolled in a public prekindergarten program, kindergarten, first grade, second grade or third grade may not be suspended or expelled from school in response to discipline infractions.
SECTION 4. Said section 37H¾ of said chapter 71, as so appearing, is hereby further amended by striking out paragraph (a) and inserting in place thereof the following paragraph:
(a) A student enrolled in a public prekindergarten program, kindergarten, first grade, second grade, third grade or fourth grade may not be suspended or expelled from school in response to discipline infractions.
SECTION 5. Said section 37H¾ of said chapter 71, as so appearing, is hereby further amended by striking out paragraph (a) and inserting in place thereof the following paragraph:
(a) A student enrolled in a public prekindergarten program, kindergarten, first grade, second grade, third grade, fourth grade or fifth grade may not be suspended or expelled from school in response to discipline infractions.
SECTION 6. Said section 37H¾ of said chapter 71, as so appearing, is hereby further amended by adding the following subsection:
(g) The department shall provide guidance and support to school districts to provide school staff with best practices to respond to concerns related to student behavior including, but not limited to, alternatives to suspension and expulsion such as (i) mediation; (ii) conflict resolution; (iii) restorative justice; and (iv) collaborative problem solving.
SECTION 7. Section 4 shall take effect 1 year after passage of this act.
SECTION 8. Section 5 shall take effect 2 years after passage of this act.
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An Act establishing a special commission on blockchain and cryptocurrency
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S29
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SD1301
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:48:56.03'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:48:56.03'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-24T15:57:31.6933333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-04T16:24:44.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S29/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 29) of Barry R. Finegold for legislation to establish a special commission (including members of the General Court) on blockchain and cryptocurrency. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. A special commission is hereby established for the purposes of making an investigation relative to blockchain technology to develop a master plan of recommendations for fostering the appropriate expansion of blockchain technology in the Commonwealth.
SECTION 2. As used in this act, “blockchain” shall have the following meaning: a mathematically secured, chronological and decentralized ledger or database.
SECTION 3. The commission shall consist of 25 members: the speaker of the house of representatives or a designee who shall serve as co-chair; the minority leader of the house of representatives or a designee; the president of the senate or a designee who shall serve as co-chair; the minority leader of the senate or a designee; four members of the house of representatives appointed by the speaker; four members of the senate appointed by the president; the attorney general or a designee; the chair of the cannabis control commission or a designee; the commissioner of the department of revenue or a designee; the secretary of the executive office of technology services and security or a designee; the secretary of public safety and security or a designee; three persons to be appointed by the state secretary, provided that one shall represent an organization focused on consumer protection; and five persons to be appointed by the governor including one appointee from a financial technology company, one appointee of a company with a business model that uses blockchain technology for purposes other than digital assets and two appointees representing institutions of higher education in the commonwealth.
All appointments shall be made not later than 45 days after the effective date of this act. The chairpersons shall meet with the commission not later than 90 days after the effective date of this act.
SECTION 4. The commission shall be charged with examining the following:
(a) The feasibility, validity and admissibility as well as risks, including privacy risks, and benefits of using blockchain technology in state and local government and commonwealth-based businesses; provided that, for the purposes of government use, the commission’s examination shall include but not be limited to consideration of government records and delivery of services; court proceedings; statewide registries including for firearms, marijuana and opiates and election nomination papers, voter records and election results; and provided further that, for the purposes of business use, the commission’s examination shall include but not be limited to consideration of the advisability of allowing corporate records to be maintained using blockchain technology, including any security requirements necessary to ensure their accuracy;
(b) The need for modifications to the definition of blockchain in this act and to general law to effect the appropriate deployment of blockchain technology;
(c) The impact of the proliferation of the cryptocurrency industry on state revenues and the need to restructure the commonwealth’s tax framework, including the advisability of taxing cryptocurrency transactions as part of the sales tax;
(d) The advisability of government agencies and relevant business enterprises, including but not limited to cannabis retail stores, accepting payment in cryptocurrency;
(e) The feasibility of regulating the energy consumption associated with cryptocurrency;
(f) The consumer protection activities necessary to provide safeguards and offer technological literacy to Massachusetts residents, including but not limited to the advisability of licensure requirements;
(g) The best practices for enabling blockchain technology to benefit the commonwealth, Massachusetts-based businesses, and Massachusetts residents, including an examination of historical barriers to entry and participation in emerging technologies and markets for individuals underrepresented in these industries and markets;
(h) The state agencies best equipped to provide oversight of blockchain technology and the cryptocurrency industry, including with respect to consumer protection; and
(i) Any other related topic which the commission may choose to examine in relation to blockchain technology.
The commission shall take input from a broad range of stakeholders with a diverse range of interests affected by state policies governing emerging technologies, privacy, business, finance, the courts, the legal community, and state and local government.
SECTION 5. Not later than one year after all appointments to the commission have been made pursuant to section 3 of this act, the commission shall report to the general court the result of its investigation and its master plan of recommendations to foster a positive blockchain technology environment, together with drafts of legislation necessary to effect its recommendations, by filing the same with the clerk of the house of representatives and the clerk of the senate.
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An Act to reduce exclusionary discipline for grooming and dress code violations
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S290
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SD2047
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T12:24:10.727'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T12:24:10.7266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-31T15:41:39.6466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T11:37:42.74'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T12:26:04.11'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:34:54.24'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S290/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 290) of Adam Gomez, Lydia Edwards, James B. Eldridge and Patricia D. Jehlen for legislation to reduce exclusionary discipline for grooming and dress code violations. Education.
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SECTION 1. Section 37H of Chapter 71 as appearing in the 2020 Official Edition is hereby amended by inserting after subsection (g) the following:-
(h) Any school board may include in its code of student conduct a dress or grooming code. Any dress or grooming code included in a school board's code of student conduct or otherwise adopted by a school board shall (1) permit any student to wear any religiously and ethnically specific or significant head covering, including hijabs, yarmulkes, scarves, and headwraps; (2) maintain gender neutrality by subjecting any student to the same set of rules and standards regardless of gender; (3) not have a disparate impact on students of a particular gender; (4) be clear, specific, and objective in defining terms, if used; (5) prohibit any school board employee from enforcing the dress or grooming code by direct physical contact with a student or a student's attire; and (6) prohibit any school board employee from requiring a student to undress in front of any other individual, including the enforcing school board employee, to comply with the dress or grooming code.
SECTION 2. Section 37H ¾ of Chapter 71 as appearing in the 2020 Official Edition is hereby amended by inserting as the last sentence of subsection (a) the following -:
In no cases may students be suspended or expelled solely on the basis violations of dress code standards.
SECTION 3. The changes detailed in Sections 1 and 2 shall take effect 60 days after passage of this act.
SECTION 4. The Department of Elementary and Secondary Education shall adopt, promulgate, amend and rescind rules and regulations or formulate policies and recommendations as necessary, including training, to effectuate the purpose of Sections 1 and 2.
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An Act relative to the board of elementary and secondary education
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S291
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SD938
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T12:06:39.73'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T12:06:39.73'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-25T13:18:32.6233333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T11:04:51.09'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:10:50.4533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:45:56.44'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:54:37.6733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T18:24:41.02'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:34:00.0633333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T10:22:08.55'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-10-11T09:48:23.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S291/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 291) of Patricia D. Jehlen, Jacob R. Oliveira, Steven Ultrino, Sal N. DiDomenico and other members of the General Court for legislation relative to the board of elementary and secondary education. Education.
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SECTION 1. Section 1E of chapter 15 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, by striking out the second and third sentences of the first paragraph and inserting in place thereof the following:-
The 9 members appointed by the governor shall consist of 1 representative of a labor organization selected by the governor from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL-CIO; 1 representative of business and industry selected by the governor with a demonstrated commitment to education; 1 representative of parents of school children selected by the governor from a list of 3 nominees provided by the Massachusetts Parent Teachers Association; 2 representatives of teachers, 1 selected by the governor from a list of 3 nominees offered by the Massachusetts Teachers Association, and 1 selected by the governor from a list of 3 nominees offered by the American Federation of Teachers/Massachusetts; 1 school committee member selected by the governor from a list of 3 nominees provided by the Massachusetts Association of School Committees, and 4 additional members.
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An Act relative to the financial impact of charter schools
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S292
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SD942
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T11:57:19.05'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T11:57:19.05'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-08T16:48:58.6133333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-28T15:49:09.18'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S292/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 292) of Patricia D. Jehlen, Joanne M. Comerford and Robyn K. Kennedy for legislation relative to the financial impact of charter schools. Education.
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SECTION 1. Section 89 of said chapter 71, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “application”, in line 294, the following words:- including, but not limited to the financial impact of establishing or expanding the charter school on the students and schools of the sending district or districts
SECTION 2. Section 89 of said chapter 71, as so appearing, is hereby amended by inserting after the word “criteria”, in line 296, the following text:- No charter application shall be approved before a report has been presented to the board by the department on the financial impact to the sending district or districts.
SECTION 3. Subsection (gg) of said section 89 of said chapter 71, as so appearing, is hereby amended by adding the following 2 sentences:- Annually, not later than January 10, the department shall make a request to the general court for the full funding of this reimbursement and the reimbursement calculated under subsection (ff). If the general court rejects the request to fund the reimbursement, the board shall not approve any application for a new charter school or a charter school expansion in the following school year.
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An Act relative to student assessment data
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S293
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SD946
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:04:18.023'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:04:18.0233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-10-11T09:48:40.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S293/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 293) of Patricia D. Jehlen for legislation relative to student assessment data. Education.
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Section 89 in Chapter 71 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, starting in line 199, the words “overall student performance on the statewide assessment system approved by the board under section 1I of chapter 69” and inserting in place thereof the following words:- “student growth”; and by striking out, starting in line 214, the words “based on student performance data collected pursuant to section 1I,” and inserting in place thereof the following word:- “that”; and by striking out, in line 216, the words “statewide student performance” and inserting in place thereof the following words:- “student growth”.
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An Act to remedy disparities in students' educational achievement
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S294
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SD1203
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:53:49.087'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:53:49.0866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T14:33:49.2333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T16:07:37.9566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T16:50:55.7833333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-21T08:56:14.92'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S294/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 294) of Patricia D. Jehlen, Sal N. DiDomenico, James B. Eldridge and Rebecca L. Rausch for legislation to promote the education success of court involved children. Education.
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SECTION 1. Section 37H of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
“(a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, defined by section 10 of chapter 269 of the General Laws; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, cocaine and heroin, but not including marijuana, may be subject to expulsion from the school or school district by the principal.”
SECTION 2. Clause (b) of the fourth paragraph of section 37H of said chapter 71, as so appearing, is hereby amended by striking out the word “assaults” and inserting in place thereof the following words:- willfully assaults, with intent and means to harm,.
SECTION 3. Subsection (c) of said section 37H of chapter 71, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
“(c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing in English and in the primary language spoken in the student’s home of the charge, and right to a hearing prior to any exclusion. The student shall have a right: to representation, along with adequate time to prepare for the hearing; to access documented evidence prior to the hearing; to present evidence; to present witnesses for questioning and cross examination at said hearing before the principal; and to a reasonably prompt written decision including specific grounds for the decision. The principal or headmaster shall ensure that the parent or guardian of the student is included in the hearing, provided that such hearing may take place without the parent or guardian only if the principal or headmaster can document reasonable efforts to include the parent or guardian in that hearing. The department shall promulgate rules and regulations that address a principal's duties under this subsection and procedures for including parents in student exclusion hearings under this subsection.
SECTION 4. Said section 37H of chapter 71, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
“(d) Any student who has been suspended or expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The superintendent or a designee shall hold a hearing with the student and the parent or guardian of the student within 3 school days of the student's request for an appeal; provided that a student or a parent or guardian of the student may request and, if so requested, shall be granted an extension of up to 7 calendar days; provided further, that the superintendent, or a designee, may proceed with a hearing without a parent or guardian of the student if the superintendent, or a designee, makes a good faith effort to include the parent or guardian. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses and shall have the right to counsel. The superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That decision shall be the final decision of the school district with regard to the suspension or expulsion.”
SECTION 5. Paragraph (1) of section 37H1/2 of chapter 71, as so appearing, is hereby amended by striking out in lines 3-5, inclusive, the words, “issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student” and inserting in place thereof the following words:- “arraignment or indictment of a student for a felony offense”.
SECTION 6. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing, is hereby further amended by striking out the words “have a substantial detrimental effect on the general welfare of the school”, in lines 9 and 10, and inserting in place thereof the following words:- pose a specific, documentable concern about the infliction of serious bodily injury upon another person while in school.
SECTION 7. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing, is hereby further amended by striking out, in lines 10 to 12, inclusive, the sentence, “The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect” and inserting in place thereof the following two sentences:-
The student shall receive written notification of the charges and the right to a hearing before the principal. If, after the hearing, the principal chooses to suspend the student, the written notice of the suspension shall include the reasons for such suspension, including the basis for the principal’s determination of the documentable concern about the infliction of serious bodily injury upon another person while in school, prior to such suspension taking effect.
SECTION 8. Paragraph (2) of said section 37H½ of said chapter 71, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following three paragraphs:-
Upon a student being convicted of a or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student's continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury upon another person while in school. The student shall receive written notification of the charges and right to a hearing before the principal. If after the hearing, the principal chooses to suspend or expel the student, the written notice shall include the reasons for such exclusion, including the basis for the principal’s specific, documentable concern about the student’s continued presence in school, prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.
For any suspension or expulsion under this section, the principal or headmaster of a school in which the student is enrolled shall provide, to the student and to the parent or guardian of the student, notice of the charges and the reason for the suspension or expulsion in English and in the primary language spoken in the home of the student. The student shall receive the written notification and shall have the opportunity to meet for a fair hearing before the principal or headmaster to discuss the charges and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The notice shall include the right to be represented by a lawyer or advocate (at the student's expense); adequate time to prepare for the hearing; access to documented evidence prior to the hearing; the right to present witnesses at the hearing and to question them; and a reasonably prompt written decision including specific grounds for the decision.
The principal or headmaster shall ensure that the parent or guardian of the student is included in the meeting, provided that such meeting may take place without the parent or guardian only if the principal or headmaster, or a designee, can document reasonable efforts to include the parent or guardian in that meeting. The department shall promulgate rules and regulations that address a principal's duties under this subsection and procedures for including parents in student exclusion meetings, hearings or interviews under this subsection.
SECTION 9. Section 37H½ of chapter 71, as so appearing, is hereby amended by inserting, in line 44, after the word “expulsion”, the following:- “or suspension”.
SECTION 10. Said section 37H½ of chapter 71, as so appearing, is hereby amended by inserting, in line 47, after the word “expulsion”, the following:- “or suspension”.
SECTION 11. Said section 37H½ of chapter 71, as so appearing, is hereby amended by inserting, in line 49, after the word “expulsion”, the following:- “or suspension”.
SECTION 12. Said section 37H½ of chapter 71, as so appearing, is hereby amended by inserting, in line 57, after the word “expulsion”, the following:- “or suspension”.
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An Act to create a facilities loan program for private special education schools
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S295
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SD2248
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T20:26:52.09'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T20:26:52.09'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S295/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 295) of John F. Keenan for legislation to create a facilities loan program for private special education schools. Education.
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Notwithstanding any general or special law to the contrary, the Massachusetts School Building Authority, under the authority granted to it under the School Modernization and Reconstruction Trust Fund pursuant to section 35BB of chapter 10 of the General Laws, shall promulgate regulations for the creation of a no-interest or low-interest loan program for facility construction and upgrades at schools approved under chapter 71B.
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An Act relative to universal prekindergarten access
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S296
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SD1546
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:45:43.463'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:45:43.4633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T10:40:54.4933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T10:13:00.96'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-15T09:47:06.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S296/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 296) of Edward J. Kennedy, Patrick M. O'Connor and James B. Eldridge for legislation relative to universal prekindergarten access. Education.
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SECTION 1. Chapter 15D of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 13 the following section:-
Section 13A. (a) The department of early education and care, in consultation with the department of elementary and secondary education, shall develop and administer the High Quality Pre-Kindergarten Expansion grant program to support the phased development of high quality, district-wide, full-day pre-kindergarten programs for children between the ages of 2 years and 9 months and the age a child becomes eligible for kindergarten in the school district where he or she resides. The grants shall be used to bring to scale a high quality, mixed delivery early education system in order to reduce the achievement gap and improve third grade reading scores.
(b) The departments shall establish requirements for grant applicants which shall include, but not be limited to the following: (1) a tracking system for preschool students in the program using the state student identifier system; (2) a child to instructor ratio of no more than 10 to 1; (3) tactics to engage families in the enrollment process and implementation of the plan required under subsection (c), and methods to ensure a high level of enrollment by families with 3 and 4 year olds; (4) teacher qualification and evaluation system requirements, and on-going professional development requirements; (5) a full school-day program ; (6) a class size of no more than 20 preschool students; (7) inclusion of children with disabilities; (8) instructional staff salaries and benefits comparable to the corresponding district salaries and benefits for kindergarten to high school staff; (9) developmentally and linguistically appropriate instruction; (10) evidenced based curricula; (11) a learning environment aligned with the state early learning and development standards; (12) on-site access to comprehensive services for children, or convenient access to such services off site; (13) partnership with, and promotion of, community service providers for families to support children’s learning and development; (14) evidenced based health and safety standards; (15) a timetable for phasing-in of facilities, staff development, and other systems to achieve district-wide implementation; (16) program evaluation and data collection systems to ensure continuous improvement; (17) a description of the physical structures for the education of the students; (18) a plan to improve or sustain, as appropriate, the development of literacy skills from preschool through third grade.
Among proposals satisfying the requirements of this subsection, priority in grant awards shall be given first to districts that have received grants through the department’s commonwealth preschool partnership or the federal preschool expansion grants initiative. The department shall also develop and publish a metric for prioritizing the awarding of grants to qualified applicants based on: their accountability level as determined by the department of elementary and secondary education; their third grade reading proficiency scores; and their percentage of students qualifying as economically disadvantaged. Nothing herein shall require the department to award a grant to a district, regardless of priority status, that it has determined does not meet one or more of the requirements of this subsection.
(c) Each recipient of the grant shall establish a plan to implement the requirements set forth in subsection (b) and any other requirements as may be prescribed by the board of early education and care. Each superintendent shall appoint a local governing council to implement and oversee all aspects of the plan; provided however, that the superintendent may utilize a pre-existing council for this purpose. Districts shall provide on a quarterly basis reports to the department of early education and care on all aspects of the plan. The district and the local council shall implement the plan as approved within the period of time approved by the department. Failure to satisfactorily implement the plan within the approved period of time shall result in the termination of the plan and reversion of the grant funds to the department.
(d) The board of early education and care shall promulgate regulations to implement the provisions of this act within six months of the effective date including guidelines for membership to local governing councils in each recipient district and evaluation criteria required in the quarterly reports. A grant awarded pursuant to this subsection shall require that recipients undertake ongoing evaluations of the implementation of the plan and all its aspects.
The department of early education and care shall, subject to appropriation, establish a dedicated team to provide support, technical assistance, and oversight of programs established under this section. The department shall annually evaluate the effectiveness of programs established under this section, both for feedback and accountability for grant recipients and to inform the replication of such programs throughout the commonwealth.
SECTION 2. Chapter 70 of the general laws, as appearing in the 2020 official edition, is hereby amended by adding after Section 2 the following section:-
“Section 2A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Boards”, the board of elementary and secondary education and the board of early education and care.
“Departments”, the department of elementary and secondary education and the department of early education and care.
“Early education”, full-day education and care programming for pre-school and kindergarten-aged students.
(b) School districts in the Commonwealth may, by December 31, 2024, submit to the departments a plan to provide for ongoing access to age-appropriate early education for all students residing within the district. Such a plan shall include, where relevant and feasible, the use, expansion, and quality improvement of any previously existing public and private early education delivery systems, including those programs developed and implemented pursuant to section 13A of chapter 15D. No plan submitted to the departments pursuant to this section shall include user fees for attendance.
The Departments shall promulgate joint regulations to provide for the process of submission, review, and approval of such plans. The departments shall also promulgate joint regulations to provide for monitoring of quality and fidelity of implementation of a district’s plan and a process of probationary status and potential revocation of approval in the event of poor implementation. The departments shall provide notice of said regulations to the clerks of the House and Senate, the chairs of the joint committee on education, and the chairs of the joint committee on ways and means, at least 90 days before approval by the boards.
Districts who do not submit such a plan by the aforementioned date may submit a plan after said date. However, any such district may be prioritized after districts whose plans were received by said date.
(c) For all districts whose plan has been approved by the department, the following definition shall replace the corresponding definition in section 2 of this chapter, while all non-corresponding definitions in said section 2 shall continue to apply:-
“Pre-school enrollment”, the number of students enrolled in pre-school programs; provided, however, that in any district in which pre-school students funded by the district attend school for a full day, the foundation pre-school enrollment used to calculate the foundation enrollment, staff, and budget amounts described in this section shall be two times the number that would be otherwise used for said calculations.
SECTION 3. Section 2 of said chapter 70, as so appearing, is hereby further amended by inserting after the word “students”, in line 425, the following words:- “, to the extent that kindergarten and pre-school students in a district are attending a half-day program. If a district is operating approved full-day pre-school or kindergarten programs, students in such full-day programs shall be counted at one hundred percent of the preceding year’s actual number of low-income kindergarten and pre-school students.”
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An Act to expand dual enrollment for high school students in Gateway Cities
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S297
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SD1549
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:50:31.657'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:50:31.6566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-10T10:40:30.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S297/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 297) of Edward J. Kennedy and Joanne M. Comerford for legislation to expand dual enrollment for high school students in Gateway Cities. Education.
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SECTION 1. Chapter 15A of the General Laws, as so appearing in the 2020 edition, is hereby amended by inserting after section 9B the following new section:-
Section 9C. The department shall administer an Early College Access Program, subject to appropriation, providing needs-based financial assistance for high school students eligible for the Commonwealth Dual Enrollment Partnership (CDEP). Such assistance shall be granted to students living in or attending high school in a gateway municipality, as defined in section 3A of chapter 23A, and who also qualify for or receive free or reduced-price lunch under the federally-funded school meals program. Students receiving financial assistance under the Early College Access Program will participate in CDEP at no cost and may earn up to 24 college credits.
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An Act relative to increased material costs in school construction projects
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S298
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SD2395
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T13:46:30.04'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T13:46:30.04'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T16:45:27.2766667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-20T16:30:51.6233333'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-01-20T16:45:27.2766667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-23T15:55:21.2566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-24T13:44:28.5033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-24T14:49:47.6433333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-30T15:26:06.1066667'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-03-17T13:32:03.5533333'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-05-23T10:35:11.0733333'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 298) of Edward J. Kennedy, Vanna Howard, Rady Mom, Rodney M. Elliott and other members of the General Court for legislation relative to increased material costs in school construction projects. Education.
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Chapter 70B of the General Laws is hereby amended by adding the following section:-
SECTION 21. Notwithstanding any general or special law to the contrary, as a means of providing available assets for previously approved school building projects adversely affected by increases to material costs, a percentage but no less than $150,000,000 of eligible funds received by the commonwealth as part of State and Local aid from Federal COVID-19 recovery funds shall be paid over to and become part of the School Modernization and Reconstruction Trust Fund.
The Massachusetts School Building Authority shall use these funds to reimburse previously approved school building projects that can show a demonstrated cost increase brought about by the COVID-19 pandemic and global supply chain issues.
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An Act addressing racial and cultural bias training in educator professional development
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S299
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SD1237
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:41:19.787'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:41:19.7866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-20T12:04:38.7733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T10:50:57.7966667'}]
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 299) of Robyn K. Kennedy, Steven Owens and Rebecca L. Rausch for legislation to address racial and cultural bias training in educator professional development. Education.
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Chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 38Q and inserting in place thereof the following section:-
Section 38Q. Every school district in the commonwealth shall adopt and implement a professional development plan for all principals, teachers, other professional staff, paraprofessionals and teacher assistants employed by the district, to include the professional support teams established pursuant to section thirty-eight G, and annually shall update such plans and set forth a budget for professional development within the confines of the foundation budget. Said plan shall include training in the teaching of new curriculum frameworks and other related pedagogical skills required for the effective implementation of this act, including creating equitable, inclusive school and classroom climates, using participatory decision making, delivering framework content to students in racially, linguistically, and culturally responsive ways, and seeking parent and community involvement. The plan shall also include training in: (1) analyzing and integrating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse individual and cultural learning styles; and (2) methods of collaboration among teachers, paraprofessionals and teacher assistants to integrate such styles. The plan may also include training in the provision of pre-referral services within regular education. Said plan shall also include training for members of school councils, pursuant to section fifty-nine C. Said plan shall include teacher training which addresses the effects of gender and racial and cultural bias toward Black, Indigenous, and People of Color in the classroom, as well as training on implicit bias. In any school district with English learners as defined in chapter 71A, the plan shall provide training for teachers in second language acquisition techniques for the re-certification of teachers and administrators. All professional development plans required by this section shall be filed annually with the commissioner of education.
The commissioner of education for the commonwealth shall prepare each year a plan for providing statewide assistance in the preparation and implementation of professional development plans. The plan shall include data that demonstrates, statewide and by school district, the types of professional development provided for educators who work with English learners as defined in chapter 71A. The commissioner shall consult with the board of higher education in developing said plan. This plan shall evaluate the feasibility of obtaining assistance from institutions of higher education and private service providers. The plan shall be submitted to the board of education for approval. A copy of said plan shall be submitted to the joint committee on education, arts, and humanities of the general court.
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An Act relative to protecting sensitive information from security breaches
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S30
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SD1303
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T17:31:56.963'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T17:31:56.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S30/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 30) of Barry R. Finegold for legislation to protect sensitive information from security breaches. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Section 1 of chapter 93H of the General Laws is hereby amended by inserting after the definition of “Agency” the following definition:-
“Biometric information”, a retina or iris scan, fingerprint, voiceprint, map or scan of hand or face geometry, vein pattern, gait pattern, or other data generated from the specific technical processing of an individual’s unique biological or physiological patterns or characteristics used to authenticate or identify a specific individual; provided, however, that “biometric information” shall not include:
(i) a digital or physical photograph;
(ii) an audio or video recording; or
(iii) data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to authenticate or identify a specific individual.
SECTION 2. Said section 1 of said chapter 93H is hereby further amended by striking out the definition of “Breach of security” and inserting in place thereof the following definition:-
“Breach of security”, the unauthorized acquisition or use of unencrypted electronic data, or encrypted electronic data when the encryption key or security credential has been acquired; provided, however, that such unauthorized acquisition or use compromises the security, confidentiality, or integrity of personal information maintained by a person or agency; and provided further, that a good faith but unauthorized acquisition of personal information by an employee or agent of a person or agency for the lawful purposes of such person or agency is not a breach of security unless the personal information is used in an unauthorized manner or subject to further unauthorized disclosure.
SECTION 3. Said section 1 of said chapter 93H is hereby further amended by inserting after the definition of “Encrypted” the following definitions:-
“Genetic information”, information, regardless of format, that:
(i) results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained; and
(ii) concerns an individual’s genetic material, including, but not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of the biological sample or other source, and any information extrapolated, derived, or inferred therefrom.
"Health insurance information”, an individual’s health insurance policy number, subscriber identification number, or any identifier used by a health insurer to identify the individual.
“Medical information”, information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional.
SECTION 4. Said section 1 of said chapter 93H is hereby further amended by striking out the definition of “Personal information” and inserting in place thereof the following definition:-
“Personal information” shall mean either of the following:
(i) a resident’s first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to such resident:
(A) social security number;
(B) taxpayer identification number or identity protection personal identification number issued by the Internal Revenue Service;
(C) driver’s license number, passport number, military identification number, state-issued identification card number, or other unique identification number issued by the government that is commonly used to verify the identity of a specific individual;
(D) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident's financial account;
(E) biometric information;
(F) date of birth;
(G) genetic information;
(H) health insurance information;
(I) medical information; or
(J) specific geolocation information; or
(ii) a username or electronic mail address, in combination with a password or security question and answer that would permit access to an online account.
SECTION 5. Said section 1 of said chapter 93H is hereby further amended by inserting after the definition of “Personal information” the following definition:-
“Specific geolocation information”, information derived from technology including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms that directly identify the specific location of an individual within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet; provided, however, that “geolocation information” shall exclude the content of communications or any information generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
SECTION 6. Section 2 of said chapter 93H is hereby amended by inserting the following subsection:-
(d) The rules and regulations adopted pursuant to this section shall be updated from time to time to reflect any changes to the definitions of “breach of security” or “personal information” in section 1.
SECTION 7. Section 3 of said chapter 93H is hereby amended by inserting after the words “unauthorized purpose” in subsection (b) the following words:- and such use or acquisition presents a reasonably foreseeable risk of financial, physical, reputational or other cognizable harm to the resident.
SECTION 8. Said section 3 of said chapter 93H is hereby further amended by striking out clause (vii) of subsection (b) and inserting in place thereof the following clause:- (vii) the type of personal information compromised, including, but not limited to, any of the categories of personal information set forth in subclauses (A) through (J) of clause (i) or in clause (ii) of the definition of “personal information” in section 1.
SECTION 9. Said section 3 of said chapter 93H is hereby further amended by striking out the last sentence of the first paragraph of subsection (b) and inserting in place thereof the following sentence:- A person who experienced a breach of security shall file a report with the attorney general and the director of consumer affairs and business regulation certifying their credit monitoring services comply with section 3A; provided, however, that such a report shall not be required if the personal information compromised by the breach of security is medical information or specific geolocation information.
SECTION 10. Said section 3 of said chapter 93H is hereby further amended by striking out the third paragraph of subsection (b) and inserting in place thereof the following paragraphs:-
The notice to be provided to the resident shall include, but shall not be limited to: (i) the date, estimated date, or estimated date range of the breach of security; (ii) the type of personal information compromised, including, but not limited to, any of the categories of personal information set forth in subclauses (A) through (J) of clause (i) or in clause (ii) of the definition of “personal information” in section 1; (iii) a general description of the breach of security; (iv) information that the resident can use to contact the person or agency reporting the breach of security; (v) the resident’s right to obtain a police report; (vi) how a resident may request a security freeze and the necessary information to be provided when requesting the security freeze; (vii) a statement that there shall be no charge for a security freeze; (viii) mitigation services to be provided pursuant to this chapter; and (ix) the toll-free numbers, address, and website for the federal trade commission. The notice shall not be required to include information pursuant to clauses (vi) and (vii) if the personal information compromised by the breach of security is medical information or specific geolocation information.
The person or agency that experienced the breach of security shall provide a sample copy of the notice it sent to consumers to the attorney general and the office of consumer affairs and business regulation. A notice provided pursuant to this section shall not be delayed on grounds that the total number of residents affected is not yet ascertained. In such case, and where otherwise necessary to update or correct the information required, a person or agency shall provide additional notice as soon as practicable and without unreasonable delay upon learning such additional information.
If the breach of security involves log-in credentials, pursuant to clause (ii) of the definition of “personal information” in section 1, for an online account and no other personal information, the person or agency may comply with this chapter by providing notice in electronic or other form; provided, however, that such notice shall direct the resident whose personal information has been breached to: (i) promptly change the resident’s password and security question or answer, as applicable; or (ii) take other steps appropriate to protect the affected online account with the person or agency and all other online accounts for which the resident whose personal information has been breached uses the same username or electronic mail address and password or security question or answer.
If the breach of security involves the log-in credentials, pursuant to clause (ii) of the definition of “personal information” in section 1, of an electronic mail account furnished by a person or agency, the person or agency shall not comply with this chapter by providing notice of the breach of security to such electronic mail address but shall instead provide notice by another acceptable method of notice pursuant to this chapter or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an internet protocol address or online location from which the person or agency knows the resident customarily accesses the account.
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An Act relative to safer schools
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S300
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SD2056
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T10:31:01.947'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T10:31:01.9466667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-21T12:43:27.8966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-21T12:43:27.8966667'}]
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 300) of Robyn K. Kennedy for legislation relative to safer schools. Education.
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SECTION 1. Section 37P of Chapter 71, as appearing in section 79 of Chapter 253 of the Acts of 2020, is hereby amended by striking out the fifth paragraph of subsection (b) and inserting the following words:-
The model memorandum of understanding shall expressly state that school resource officers, and any special service officers appointed to the school district, shall not: (i) serve as school disciplinarians, enforcers of school regulations or in place of licensed school psychologists, psychiatrists or counselors; and (ii) use police powers to address traditional school discipline issues, including non-violent disruptive behavior. The guiding principle for involving a school resource officer in a school-related matter is whether conduct rises to the level of criminal and delinquent conduct that (1) poses substantial harm to the physical well-being of another person or (2) is willful and malicious and causes substantial harm to the property of the school or (3) constitutes the taking of property of substantial value belonging to another with intent to permanently deprive the property owner of the property. The school resource officer’s response to the school-related matter shall be guided by the techniques, including de-escalation and anti-bias training, required for certification as a school resource officer under section 116H of chapter 6.
SECTION 2. Section 37P of Chapter 71, as appearing in section 79 of Chapter 253 of the Acts of 2020, is further amended by striking out the first paragraph of subsection (d) and inserting in its place the following words:-
(d) For the purpose of fostering a safe and healthy environment for all students through strategic and appropriate use of law enforcement resources and to achieve positive outcomes for youth and public safety, a chief of police, at the request of the superintendent and subject to approval from the department of elementary and secondary education and to appropriation, shall assign at least 1 school resource officer to serve the city, town, commonwealth charter school, regional school district or county agricultural school. In the case of a regional school district, commonwealth charter school or county agriculture school, the chief of police of the city or town in which the school is located shall, at the request of the superintendent and subject to approval from the department of elementary and secondary education, assign the school resource officer who may be the same officer for all schools in the city or town. Annually, not later than July 16, the superintendent shall report to the department of elementary and secondary education and publicly present to the relevant school committee: (i) the cost to the school district of the assigned school resource officers, any special service officers appointed to the school district, and any security staff; (ii) a description of the proposed budget for mental, social or emotional health support personnel for the school; and (iii) the number of school-based arrests, citations, and court referrals, applications for criminal or delinquency complaints, field interviews, searches and seizures made of students and any other interactions between students and officers resulting in student disciplinary action or diversion made in the previous year, disaggregated as required by the department of elementary and secondary education. The superintendent shall also report and publicly present the number of school-related reports entered into the local law enforcement agency’s computer system, and the number of school-related reports shared with other law enforcement agencies, including via the Boston Regional Information Center and other federal fusion centers. The superintendent will ensure that the district collaborates with the local law enforcement agency in compiling the data for submission in accordance with requirements of the department of elementary and secondary education. A district’s data submissions shall accurately reflect the school-related incident data maintained by the local law enforcement agency. A superintendent’s failure to provide and publicly present the data as described above shall bar the department of elementary and secondary education’s approval of the assignment of any school resource officer(s), or appointment of any other special service officers to the school district, unless and until such data is provided and publicly presented to the department of elementary and secondary education and relevant school committee, mayor, city council, and board of aldermen.
SECTION 3. Section 37P of chapter 71, as appearing in section 79 of Chapter 253 of the Acts of 2020 is hereby further amended by striking out in the second paragraph of subsection (g), the words “school-based arrests, citations and court referrals of students” and inserting in place thereof the following words:-
the data described in subsection (d) above and shall make such report available for public review. The department and the executive office of public safety and security, in consultation with the model school resource officer memorandum of understanding review commission, shall jointly develop and disseminate guidance to school districts and local law enforcement agencies on how to compile these data.
SECTION 4. Chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 37R the following section:-
Section 37S. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Holistic school health and safety practices”, practices that: a) have been shown to strengthen positive relationships and communication between students and adults; b) contribute to building a school-wide culture that is affirming and embracing of the diversity of cultural, linguistic, and racial backgrounds of enrolled students and their families; c) support non-disciplinary strategies of resolving conflicts with students; and d) are effective without unnecessary reliance on school exclusion or referral to law enforcement.
“School-based security personnel”, school resource officers, special service officers appointed by local law enforcement agencies at the request of other departments of their cities, other law enforcement agents, or security guards who are assigned to the premises of a school or district, whether or not they are employed directly by the school or the district seeking such grants. For the purposes of this section, district-level staff who oversee a school district’s safety operations are not considered “school-based security personnel.”
(b) The board of elementary and secondary education shall, subject to appropriation, make one- or two-year grants to public school districts and/or individual public schools, including regional school districts and charter schools, for the cost of transitioning to, and/or implementing, holistic school health and safety practices that do not include law enforcement presence. Such practices shall include all practices listed under the definition of “holistic school health and safety practices” listed in Section 375(a), as well as, but not limited to:
(1) The creation of advisory groups that enable students to meet regularly with a school staff member and a group of their peers, and other practices or adjustments to student and staff schedules that create space for relationship building;
(2) Practices that support the creation of healthy relationships and counter sexual harassment, sexual assault, and harassment based on other identities, including race, gender, sexual orientation, and religion;
(3) Restorative justice, and related practices shown to resolve and reduce conflict among students and/or between students and staff; and
(4) Staffing students’ arrival, dismissal, and other transition periods with adults with ties to students’ communities who are skilled at engaging youth and deescalating conflicts.
Nothing in this section shall prohibit a school from contacting law enforcement in an emergency.
(c) The following costs shall be eligible uses of such grants:
(1) Identifying and implementing holistic school health and safety practices;
(2) Hiring and training staff to implement holistic school health and safety practices, including licensed clinical social workers;
(3) Supporting and/or creating school safety teams that include parents, students, teachers, emergency responders, and community to develop or modify the individual school safety plans described above;
(4) Providing information and training to members of the school community, including students and parents, on the school safety plans and holistic school health and safety practices described above;
(5) Documenting and/or evaluating the impact of the grant, and,
(6) Identifying ways to allocate the cost savings of not placing police or other security personnel in schools, including continuation of holistic school health and safety practices upon completion of such grants.
The purchase of metal detectors, weapons, or surveillance technology, or the hiring or employment of school-based security personnel is not an eligible use of such grant funds, nor shall such purchases or hiring be made with other sources of funding during the grant term.
(d) A school or district is eligible to apply for such a grant whether or not it had previously staffed any school-based security personnel, including school resource officers as defined in section 37P of chapter 71. However, a school or district is not eligible to receive such a grant if it intends to continue staffing any school-based security personnel beyond the transition allowed in the first year of such grant. Among grant applicants, schools and districts with higher percentages of low-income students will be given a competitive preference for award of such a grant.
The department of elementary and secondary education shall establish application requirements for such grants. Such applications must include the prior three years’ worth of data on school-based policing pursuant to section 37P of chapter 71, as well as the cost to the school and/or district of employing or assigning school-based security personnel and the sources of funding used to do so. The department shall also establish reporting requirements for grant recipients to evaluate the impact of the grant on school safety, including data on school-based policing as described above.
(e) The department shall serve as a repository for information on holistic school health and safety practices at use in the Commonwealth and elsewhere. To support grantees in implementing, evaluating, and/or replicating holistic school health and safety practices, the department shall establish a community of practice for grantees and other interested schools and districts to share best practices.
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An Act providing affordable and accessible high quality early education and care to promote child development and well-being and support the economy in the Commonwealth
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S301
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SD667
| 193
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http://malegislature.gov/api/GeneralCourts/193/Documents/S301/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 301) of Jason M. Lewis, Susan L. Moran, Robyn K. Kennedy, Liz Miranda and other members of the General Court for legislation to provide affordable and accessible high quality early education and care to promote child development and well-being and support the economy in the Commonwealth. Education.
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SECTION 1. The seventh paragraph of section 22N of chapter 7 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:-
Notwithstanding any provision to the contrary, early education and care providers contracting with the department of early education and care or their agents shall be exempt from the price limitations set forth by the bureau.
SECTION 2. Section 1A of Chapter 15D, as appearing in the 2018 Official Edition, is hereby amended by inserting the following definitions:
“Caregiver”, a person living with, supervising and caring for a child whose parents are not living in the home with them or a person with legal guardianship of a child regardless of whether the child’s parents are living in the home with them.
“High needs”, needs that may result in an individual or family needing more services, including but not limited to any physical, mental, emotional, intellectual, cognitive, behavioral, or health related disability or condition, exposure to domestic violence, trauma history, limited English proficiency, limited literacy, homelessness or housing instability, income at or below the federal poverty line, or involvement with the department of children and families.
“Child care financial assistance”, financial assistance given to eligible parents or caregivers for child care provided by an early education and care provider pursuant to a contract or voucher agreement with the department.
“Early education and care provider”, or “provider”, any childcare center, family child care home, large family child care home, or out-of-school time program licensed or exempt by the department of early education and care located within the commonwealth of Massachusetts that provides early education and care programs and services.
“Operational Grant”, an amount of funding from the department to early education and care providers currently enrolling children receiving child care financial assistance or certifying their willingness to enroll a child receiving child care financial assistance should a family choose the provider and there is an available opening.
SECTION 3. Section 2 of chapter 15D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) establish and develop a schedule for revising: (i) a rate structure for voucher and contracted payments to early education and care providers who accept children receiving child care financial assistance based on the payments meeting the full cost of providing high-quality early education and care to such children, in conformity with federal and state law, regulations and quality and safety standards, when combined with operational grant funding, fees paid by parents or caregivers, and any direct funding paid by a source other than the department to providers; provided, that the rate structure shall include higher rates for the provision of care during nonstandard hours, as defined by the department, sufficient to encourage providers to offer care during nonstandard hours; provided further, that the method for reimbursement for voucher and contracted payments to early education and care providers on behalf of children receiving child care financial assistance shall be based on quarterly enrollment rather than daily attendance of participants; (ii) a sliding fee scale for families receiving child care financial assistance which is updated at least every 5 years to reflect affordability standards for participating families, provided that recipients of child care financial assistance whose income is not more than 100 per cent of the federal poverty level shall not be charged fees for care and that amounts charged to families whose income is more than 100 per cent of the federal poverty level shall not exceed 7 per cent of the family’s total income and shall be determined by applying the sliding fee scale to the remainder of the family’s income after deducting 100 per cent of the federal poverty level.
A public hearing under chapter 30A and the approval of the board shall be required before the establishment or revision of the rate structure and sliding fee scale.
SECTION 4. Said section 2 of said chapter 15D, as so appearing, is hereby further amended by inserting after subsection (u) the following subsection:-
(v) annually collect from early education and care providers licensed by the department, data on: (i) the number of employees, (ii) the pay rates and employer-paid benefits (iii) the tuition charged for full- and part-time early education and care services by age group, (iv) numbers of children enrolled by age group, family income range, race, ethnicity, country-of-origin, and preferred language.
SECTION 5. Section 5 of said chapter 15D, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “a common and shared body of knowledge” the following words:- including cultural competency and awareness of implicit bias,
SECTION 6. Said chapter 15D, as so appearing, is hereby further amended by inserting, after section 13, the following section:-
Section 13A. Early education and care financial assistance program
(a) The department shall use, for the purpose of providing child care financial assistance under this section, funding, from any source that is appropriated or otherwise provided to it for the purpose of subsidizing or reducing the costs to families of fees for early education and care for their children, including increasing per child rates set by the department.
(b) The early education and care financial assistance program shall provide sufficient child care financial assistance to enable all families to afford and access high-quality early education and care for infants, toddlers, preschool-age, and school-age children, as defined in section 1A of this chapter, provided that a school-age child’s financial assistance shall continue until at least the end of the school year in which the child reaches the maximum age.
(c) Child care financial assistance may be used for early education and care provided by public, private, non-profit, and for-profit entities licensed or approved by the department, including but not limited to: preschools, childcare centers, nursery schools, before and after school programs, out-of-school time programs, Head Start and Early Head Start programs, informal childcare providers and independent and system-affiliated family child care homes.
(d) The department shall provide financial assistance to families receiving services from the department of children and families as provided in section 2 of chapter 18B of the General Laws.
(e) The department shall provide child care financial assistance to families currently involved with, or transitioning from, transitional aid to families with dependent children; provided, however, that child care financial assistance shall be available to: (i) recipients of transitional aid to families with dependent children; (ii) former recipients who are working or are engaged in an approved service need activity for up to 2 years after termination of their benefits; (iii) parents who are under 18 years of age who are currently enrolled in an education or job training program and who would qualify for benefits under chapter 118 of the General Laws if not for the consideration of the grandparents’ income; and (iv) recipients of the supplemental nutrition assistance program who are participating in education and training services approved by the department of transitional assistance.
(f) The department shall provide financial assistance to families eligible in accordance with any income limits in effect under subsections (g) and (h) of this section.
(g) The department shall subsidize the cost of early education and care services to all families in need of these services with incomes at or below 85 per cent of the Massachusetts state median income. Provided, should appropriations be insufficient to subsidize the cost of early education and care services to all families in need of these services with incomes at or below 85 per cent of the Massachusetts state median income, first priority shall be provided to those children whose family’s household income is at or below 50 per cent of the Massachusetts state median income or a child with a documented disability whose family’s household income is at or below 85 per cent of the Massachusetts state median income and to all children in families who are experiencing homelessness or who are headed by a parent under the age of 20; and provided further, that second priority shall be given to children whose family’s household income is above 50 per cent, but not exceeding 85 per cent of the Massachusetts state median income; provided, however, that a family with income below the federal poverty level shall not have its priority status on a waitlist negatively impacted by a family with income above the federal poverty level.
(h) The department shall allocate funding to increase the numbers of families receiving financial assistance based on income eligibility in stages: (i) to those eligible for financial assistance as stipulated in subsection (g); (ii) to provide child care financial assistance to all families in need of these services, whose income is above 85 per cent, but not exceeding 100 per cent, of the Massachusetts state median income; (iii) to provide child care financial assistance to all families in need of these services, whose income is above 100 per cent, but not exceeding 110 per cent, of the Massachusetts state median income; (iv) to provide child care financial assistance to all families in need of these services, whose income is above 110 per cent, but not exceeding 125 per cent, of the Massachusetts state median income; (v) to provide child care financial assistance to all families in need of these services whose income is above 125 per cent, but not exceeding 200 per cent of the Massachusetts state median income.
(i) Family income, for the purposes of eligibility for early education and care financial assistance shall include income of parents living with the child receiving subsidized care but shall not include: any form of income of foster parents, caregivers, or other adult family members; income of or for siblings who are not receiving subsidized care; or earned income of any minor child.
(j) The department shall subsidize early education and care by: (i) providing vouchers for payment to providers, enabling families to access early education and care providers of their choice and (ii) offering families the alternative of an open space with a provider that is subsidized under the provider’s contract with the department.
(k) The department shall require early education and care providers, as a condition for receiving payments from the department for financial assistance provided to families under this section, to enter into and comply with contractual agreements with the department, developed by the department and requiring the provider to comply with all applicable requirements of this chapter and any other federal or state requirements necessary to receive funding for financial assistance provided to families under this section.
(l) The department and its agents shall not reduce, terminate, or deny continued financial assistance to families until and unless the family is determined to be ineligible and is given the opportunity for an administrative appeal hearing. In situations in which the department or its agents deny a family’s application for financial assistance, the department shall provide the family an opportunity for an administrative appeal hearing and shall process such appeals within 60 days from the date requested.
(m) The department and its agents shall not reduce, terminate, or deny continued child care financial assistance to families based on their household income until and unless the household income exceeds at least 85 per cent of the Massachusetts state median income or the income threshold for currently eligible families as prioritized in subsection (g) or (h), whichever is higher.
(n) To the extent not otherwise prohibited by federal or state law, the department shall not terminate or deny child care financial assistance on the grounds of fee arrears until and less: (1) the family’s fees and financial assistance have been adjusted, prospectively and retroactively, to take into account any reduction in income, and the arrears reduced accordingly; and (2) the family has been offered an affordable payment plan, taking into account their income and expenses, and only if the family refused to enter into the plan. Disputes about the existence or amount of fee arrears and the affordability of payment plans shall be subject to administrative appeal. The department shall accord providers the option of receiving department payment of arrears and repaying the department as the family makes payments under a payment plan.
(o) The department shall review the early education and care financial assistance program at least annually to identify access barriers to families and opportunities to improve families’ experience with the financial assistance process, including but not limited to department paperwork and verification requirements. The department shall take action to remove any access barriers, including but not limited to: (i) making technological improvements, (ii) streamlining the application and renewal processes, (iii) improving outreach to potentially eligible families regarding the availability of financial assistance and the process for applying, (iv) ensuring access for families whose primary language is not English, (v) establishing procedures to screen families for the need for disability accommodations and provide these accommodations, (vi) ensuring that the department, through its agents and employees, promptly responds to communication by parents and caregivers, and (vii) ensuring that families with children with high needs are informed of openings with providers that focus on serving such families and children.
(p) The department shall adopt any additional regulations necessary to implement the provisions of this section, after providing the opportunity for public comment, to be accepted through both testimony at public hearings and written comments, and after consideration of these comments.
SECTION 7. Subsection (a) of section 17 of said chapter 15D is hereby amended by striking out the definitions of “Family child care provider” and “Family child care services” and inserting in place thereof the following definitions:-
“Family child care provider”, a person who provides family child care services on behalf of children receiving child care financial assistance and receives payment from the commonwealth for such services.
“Family child care services”, child care services provided for less than 24 hours per day in the residence of the provider on behalf of children receiving child care financial assistance for which payment is made from the commonwealth.
SECTION 8. Subsection (b) or Section 17 of said chapter 15D is hereby further amended by striking out the words “under a rate structure for voucher and contracted payments” .
SECTION 9. Section 17 of said chapter 15D is hereby further amended by striking out subsection (h) and inserting in place thereof the following section:-
(h) In addition to the mandatory subjects under subsection (g), the department and an employee organization certified by the department of labor relations as the bargaining representative of family child care providers shall bargain about the rate structure for voucher and contracted payments for family child care services on behalf of children receiving child care financial assistance.
SECTION 10. Said chapter 15D is hereby further amended by adding the following sections:-
Section 19. Notwithstanding the provisions of any general or special law or regulation to the contrary, the department shall establish and distribute operational grants.
(a) Operational grants shall be used for educator compensation and credentialing as well as program quality and sustainability. Said operational grant uses shall include but not be limited to: (i) compensating early education and care provider staff through increased salaries, benefits, bonuses, professional development, or access to continuing education opportunities; (ii) increasing affordability of early education and care to families by reducing the tuition and fees paid by families or offering scholarships to families; (iii) enabling early education and care providers to provide high-quality early education and care and to comply fully with all applicable health, safety, educational, quality-assurance, and other requirements of this chapter as well as any requirements imposed by the department consistent with this chapter; (iv) improving facilities and physical spaces used by the provider; (v) enabling providers to address emergency situations, during which the cost of care significantly increases due to additional federal, state, or department requirements, or the loss of fees due to absence or unenrollment jeopardizes early education and care providers’ ability to retain their facilities and staff; or (vi) enabling early education and care providers to maintain or increase capacity to provide voluntary supplemental services to enrolled children and their families, such as social work services, health and disability-related services, and support to parents and caregivers.
(b) The department shall establish a formula for distributing operational grants to providers which shall consider at a minimum the following: (i) the provider’s licensed capacity and enrollment, including the ages of the children enrolled and for whom the provider has capacity; (ii) the location of the provider, availability of care in the area, and additional costs associated with the provider’s location; (iii) the demographics of the families served by the provider including how many children receiving financial assistance attend, the income level of families, and other pertinent demographic data that may influence the needs of the families and children served; (iv) the number of children with high needs enrolled including those with disabilities, limited English proficiency, and other factors as determined by the department; (v) the cost of quality care methodology established by the department and until such time as the methodology is established, any available information regarding the cost of quality early education and care including available credentialling frameworks and applicable salary guidelines; (vi) any other factors impacting costs to the provider of providing quality care in areas of need including, but not limited to, serving infants and toddlers, providing non-standard hours of care, and providing care to children and families with high needs for whom there are shortages of early education and care slots; and (vii) promoting racial equity . The department shall annually review and update this formula based on relevant data.
(c) The department shall require early education and care providers, as a condition for receiving funding under this section, to: (i) enter into and comply with contractual agreements with the department, which shall be developed by the department; (ii) continue or agree to enroll children with child care financial assistance through the department, provided the family chooses the provider and the provider has an available opening; (iii) comply with any recommended salaries, compensation, and benefits put forth by the department pursuant to section 18 of this act, or if the funding the provider receives is insufficient, increase salaries, compensation, and benefits to the extent possible; and (iv) provide data that the department requires, as needed to carry out the department’s assessment and reporting requirements under this chapter.
(d) The department shall develop enforceable compliance standards that demonstrate that early education and care provider openings are accessible to children receiving child care financial assistance with a goal of increasing financial assistance utilization and methods for ensuring that providers receiving operational grant funding meet the standards before renewing their funding.
(e) Absent any changes in circumstances and assuming compliance with all requirements in subsections (c) and (d) and otherwise determined as necessary by the department, operational grants will be renewed to each provider annually.
(f) A public hearing under chapter 30A and the approval of the board shall be required before the establishment or revision of the operational grant formula and enforceable compliance standards.
Section 20. The board shall establish the early education and care educator scholarship program for early education and care sector educators in the commonwealth pursuant to clause (10) of section 5 of this chapter.
(a) The commissioner, in consultation with the commissioner of higher education, shall make recommendations to the board establishing appropriate guidelines, standards and application criteria for the administration of the program, including mechanisms to ensure the scholarship provides meaningful improvements in the delivery of high-quality early education and care across the commonwealth.
(b) The scholarship program shall be administered by the department through a memorandum of understanding with the department of higher education.
(c) The scholarship may be used to cover the cost of tuition, fees and related expenses, including supports unique to the diverse learning needs of the field such as personal childcare expenses in order to attend classes and class meetings, and other supports deemed appropriate by the board for degree granting programs for early educators who are pursuing associate or bachelor level degrees to meet the teacher and program quality standards of the department.
(d) The amount of each scholarship shall, at a minimum, be sufficient to cover the full cost of tuition and associated fees for one semester of classes at a Massachusetts community college.
(e) Eligible recipients shall be current or prospective early education and care educators and providers employed by early education and care providers in the commonwealth who commit to teaching for early education and care providers for a term of service after graduation to be determined by the board and shall reflect the diversity of the commonwealth's early education and care workforce.
(f) Preference shall be given to applicants identified as providers who have displayed a proven commitment to early childhood education as demonstrated by longevity in the field.
(g) The program shall be administered by the department in a manner that ensures recipients receive adequate support in selecting programs and courses which lead to credentials and further their career in early education and care.
(h) The board shall establish the early education and care educator loan forgiveness program for early education and care sector educators in the commonwealth pursuant to clause (10) of section 5 of this chapter with preference given to applicants identified as providers who have displayed a proven commitment to early childhood education and who work in communities predominantly serving children and families with high needs or areas with a shortage of early education and care slots.
Section 21. The department of early education and care, the executive office of labor and workforce development and the commonwealth corporation in conjunction with the regional workforce boards shall develop strategies and prioritize programming and funding opportunities towards filling job positions in the early education and care field using existing resources pursuant to clause (12) of section 5 of this chapter.
Section 22. Annually, by February 15, the department shall report to the legislature on:
(a) The cost and use of all child care financial assistance provided by the department. The report shall include: (i) the number of licensed or exempt early education and care providers ; (ii) the total cost of the child care financial assistance provided by the department or its agents ; (ii) the utilization of available contracted slots and vouchers by region and type of care provider; (iii) the total number of all children receiving child care financial assistance by region, age, type of care, race and ethnicity, disability status of the child, primary language of the household, and income range of the household; (iv) the monthly average number of children on the department’s financial assistance wait list by region, age, type of care, race and ethnicity, disability status of the child, primary language of the household, adults in the household, and income range of the household; and (v) the average monthly number and percentage of utilized contracted slots by region.
(b) The cost and use of all allocations of funding to early education and care providers under this chapter, including identifying the providers funded, the amount the provider received, and information on the number of providers funded by region, ages served, type of provider, and percentage of enrolled children receiving financial assistance.
(c) Application information including: (i) the number of applications for child care financial assistance; (ii) the numbers of applications for child care financial assistance denied, broken out by the reason for denial; (iii) the numbers of requests for review made by families of the denial of their applications for or ending of their child care financial assistance, broken out by the reason for denial of the application for or end of the financial assistance and, of those, the numbers of requests for review that: (A) resulted in a decision that reversed the application denial or financial assistance ending, (B) resulted in a decision that upheld the denial or ending of the family’s financial assistance, or (C) were undecided as of the end of the 12-month reporting period; and (iv) the number of requests for an administrative hearing made by families of the denial of their applications for or ending of their child care financial assistance, broken out by the reason for denial of the application for or ending of the financial assistance and, of those, the numbers (A) that resulted in a hearing decision that reversed the application denial or financial assistance ending, (B) that resulted in a hearing decision that upheld the application denial or financial assistance ending, (C) in which a hearing was not held as of the end of the 12-month reporting period, or (D) in which a hearing was held but the decision was not issued as of the end of the 12-month reporting period.
(d) Information about providers including: (i) the number of employees by race and ethnicity; (ii) the salary bands and employer-paid benefits provided to employees, broken out by job position, and within that, broken out by part-time and full-time employee designation, race and ethnicity, and job location within the commonwealth; and (iii) the levels of pay rates and employer-paid benefits compared to levels reported in the previous three reporting years .
SECTION 11. Not later than December 31, 2023, the executive office of labor and workforce development, in consultation with the executive office of housing and economic development and the department of early education and care, shall develop recommendations to the legislature requiring employers of a certain size to provide a childcare benefit. Consideration should be given to benefits such as: pre-tax childcare spending accounts funded in part by the employer, reduced tuition at a specific child care provider, a stipend to be used for childcare at a location of the employee’s choice, or the availability of onsite childcare, or other such strategies.
SECTION 12. Not later than December 31, 2023, the department of early education and care shall file a report with the clerks of the house and the senate, who shall forward the report to the chairs of the house and senate committees on ways and means, and the joint committee on education, on a plan to expand local partnerships including strategies and resources necessary to address community-based program expansion plans currently in development under the Commonwealth Preschool Partnership Initiative grant. The report shall identify means by which existing programming may be continued using existing resources available to providers in the mixed delivery system. The report shall also identify strategies for expanding the number of slots available in communities currently receiving Commonwealth Preschool Partnership Grants and best practices to expand local partnerships to more communities including through mixed delivery programs administered by the local school system, municipal scholarship programs directly to families based on successful models already being implemented in certain municipalities, and other approaches to expand access to public high-quality care.
SECTION 13. Not later than December 31, 2023, the department of early education and care in consultation with the Children’s Investment Fund and the Community Economic Development Assistance Corporation shall file a report with the joint committee on education detailing proposed improvements to the Early Education and Out of School Time Capital fund including, but not limited to, eligibility criteria, sizes of grants, ways to streamline the application process, any other parameters to increase the impact of this fund, and any data available on unmet need for early education and care facilities improvements.
SECTION 14. The department of early education and care, the executive office of labor and workforce development and the commonwealth corporation shall jointly conduct a study and report on enhancing the early education workforce pipeline to ensure that the early educator workforce meets the needs of the commonwealth. Said report shall include but not be limited to, providing the following recommendations: (i) recruitment of new early educators; (ii) the development of apprenticeship programs and non-traditional recruitment opportunities; (iii) opportunities for collaboration between providers and vocational schools with curriculums that include early education and care; and (iv) the retention of early educators. Said report shall take into consideration existing resources and may make recommendations regarding additional resources which would be required to fully implement the report. The department of early education and care, the executive office of labor and workforce development and the commonwealth corporation shall file its report with the clerks of the house of representatives and the senate, the joint committee on education, the joint committee on labor and workforce development, and the house and senate committees on ways and means no later than January 1, 2024.
SECTION 15. Not later than January 15, 2024, the department of early education and care shall file a report with the clerks of the house and the senate, who shall forward the report to the chairs of the house and senate committees on ways and means and the joint committee on education, on design and implementation plans for the early education and care educator scholarship program and loan forgiveness program pursuant to section 10 of this act.
SECTION 16. Not later than March 31, 2024, the department of early education and care shall assess the extent of current supply and the unmet needs of families eligible for child care financial assistance, taking into account relevant differences among locations within the commonwealth including: (i) subsidized transportation of children to and from early education and care providers; (ii) early education and care services for time periods outside standard hours; (iii) substitute care on days on which the family’s regular early education and care provider is unavailable; and (iv) any other factors that prevent families from accessing state early education and child care financial assistance and to assess the cost of addressing these unmet needs.
The department of early education and care shall file a report with the clerks of the house and the senate, who shall forward the report to the chairs of the house and senate committees on ways and means, and the joint committee on education.
SECTION 17. Not later than March 31, 2024, the department of early education and care shall establish a methodology that the department will use for assessing and updating the full costs of high-quality early education and care throughout the commonwealth. This methodology will be used to determine child care financial assistance reimbursement rates and operational grant amounts which are adequate to help meet the cost of providing high-quality early education and care. The methodology shall take into account all aspects of providers’ operations and responsibilities and costs that vary with location, type of provider, age ranges of the children served, and service to children with high needs.
The methodology shall include at least the following components: (i) pay and benefits to all staff, taking into account staff-to-child ratios needed depending on age ranges and service to children with high needs, curriculum planning time , as well as necessary non-educational staff activities, such as communications with families and department staff; (ii) professional development and instructional coaching for staff involved in the direct education and care of children; (iii) occupancy, including rent, utilities, maintenance, and improvements to physical environment; (iv) furnishings, appliances, equipment, office supplies and administration, including internet, telephone, insurance, permits, and taxes or fees; (v) educational supplies and curricula, observational tools, and toys; (vi) nutritious meals and snacks; (vii) transportation services for children to, from, and between early education and care providers, schools, and home; and (viii) costs of additional services to children and families with high needs including staff and staff training needed for accommodating children with disabilities or other high needs, interpreter services, mental health supports and other wraparound services for children , mental health supports for staff, trauma-informed care practice , and staff time required to provide comprehensive family engagement and services to ensure effective early education and promote multi-generational success.
Said methodology shall annually be increased at the rate of inflation and the methodology shall be reassessed and accordingly adjusted no less than once every 5 years.
SECTION 18. Not later than March 31, 2024, the department of early education and care shall develop and file a report on an early education and care career ladder pursuant to section 5 subsection 11 of chapter 15D.
(a) The career ladder shall include (i) minimum recommended salaries and compensation for each level of the career ladder which are commensurate with the salaries of public school teachers with equivalent credentials and training when required for a position, (ii) minimum recommended benefits for provider staff, including but not limited to health insurance, retirement benefits, paid vacation, and other leave time, and (iii) recommendations for linking professional development and educational credentials to increased compensation and leadership opportunities in the field of early education and care.
(b) The department shall file the report with the clerks of the house and the senate, who shall forward the report to the chairs of the house and senate committees on ways and means, and the joint committee on education.
(c) The department shall review the salaries, compensation and benefits structure and guidelines annually and update them, as needed, based on increased cost of living and other factors deemed relevant by the department to determine appropriate compensation for the field.
(d) The salaries, compensation and benefits guidelines developed under this section shall not preclude provider staff from exercising any rights they may have to collective bargaining about salaries, compensation and benefits.
SECTION 19. Not later than October 1, 2024, the department of early education and care shall file a report with the clerks of the house and the senate, who shall forward the report to the chairs of the house and senate committees on ways and means and the joint committee on education a plan to pilot, scale, and evaluate on a regular basis shared services and quality licensed hubs for early education and care providers including family child care providers.
SECTION 20. Within 180 days following passage of this act, the department of early education and care shall file a report with the clerks of the house and the senate, who shall forward the report to the chairs of the house and senate committees on ways and means, and the joint committee on education, on the steps required to implement this Act and a preliminary assessment of the funding and administrative resources that would aid the department in implementing this act, such as technological resources, technical expertise, and staffing of the department.
SECTION 21. The reports required pursuant to this act shall be made publicly available on the department of early education and care’s website in accordance with section 19 of chapter 66 of the General Laws.
SECTION 22. The department shall fully implement this act within 5 years from the date of passage.
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An Act to strengthen the evaluation process for proposed new charter schools
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S302
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SD986
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:23:20.557'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:23:20.5566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S302/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 302) of Jason M. Lewis for legislation to strengthen the evaluation process for proposed new charter schools. Education.
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SECTION 1. Section 89 of chapter 71 of the General Laws is hereby amended by inserting after the word “criteria.” in line 272 the following:- These criteria shall include a study on the impact that the charter school will have on students in the district public schools.
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An Act increasing the Commonwealth's share of the education foundation budget
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S303
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SD987
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:26:06.133'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:26:06.1333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:12:55.9266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-27T16:37:06.8833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-03T15:14:09.2533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:28:36.62'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-10-17T13:59:47.53'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 303) of Jason M. Lewis and Rebecca L. Rausch for legislation to increase the Commonwealth's share of the education foundation budget. Education.
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SECTION 1. Section 2 of Chapter 70 of the General Laws is hereby amended by striking the definition of "total state target local contribution” and inserting, in place thereof the following:-
“Total state target local contribution”, the per cent of the total state foundation budget which is to be funded through required local contributions, provided that the per cent shall be specified annually in the general appropriations act but shall not exceed 58 per cent.
SECTION 2. Section 2 of Chapter 70 of the General Laws is hereby amended by striking the definition of "total state target local contribution” and inserting, in place thereof the following:-
“Total state target local contribution”, the per cent of the total state foundation budget which is to be funded through required local contributions, provided that the per cent shall be specified annually in the general appropriations act but shall not exceed 57 per cent.
SECTION 3. Section 2 of Chapter 70 of the General Laws is hereby amended by striking the definition of "total state target local contribution” and inserting, in place thereof the following:-
“Total state target local contribution”, the per cent of the total state foundation budget which is to be funded through required local contributions, provided that the per cent shall be specified annually in the general appropriations act but shall not exceed 56 per cent.
SECTION 4. Section 2 of Chapter 70 of the General Laws is hereby amended by striking the definition of "total state target local contribution” and inserting, in place thereof the following:-
“Total state target local contribution”, the per cent of the total state foundation budget which is to be funded through required local contributions, provided that the per cent shall be specified annually in the general appropriations act but shall not exceed 55 per cent.
SECTION 5. Section 2 of Chapter 70 of the General Laws is hereby amended by striking the definition of "total state target local contribution” and inserting, in place thereof the following:-
“Total state target local contribution”, the per cent of the total state foundation budget which is to be funded through required local contributions, provided that the per cent shall be specified annually in the general appropriations act but shall not exceed 54 per cent.
SECTION 6. Section 2 shall take effect on January 1, 2024.
SECTION 7. Section 3 shall take effect on January 1, 2025.
SECTION 8. Section 4 shall take effect on January 1, 2026.
SECTION 9. Section 5 shall take effect on January 1, 2027.
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An Act relative to the net school spending cap
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S304
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SD988
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:28:46.323'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:28:46.3233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S304/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 304) of Jason M. Lewis for legislation relative to the net school spending cap. Education.
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SECTION 1. Paragraph (3) of subsection (i) of section 89 of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
If a district is no longer in the lowest 10 per cent, the net school spending cap shall be 9 per cent, unless the district net school spending was above 9 per cent in the year prior to moving out of the lowest 10 per cent in which case the net school spending cap shall remain at the actual spending level plus enrollment previously approved by the board; provided, that for the purposes of a regional charter school, enrollment previously approved by the board shall mean the actual enrollment of students from a district as a portion of the total enrollment previously approved by the board for the regional charter school. The department shall determine and make available to the public a list of the school districts in said lowest 10 per cent.
The department shall not approve any additional seats for charter schools that originate from a sending district that moved out of the lowest 10 per cent if the net school spending cap of the sending district was above 9 per cent at the time that the sending school district moved out of the lowest 10 per cent, provided that any district costs related to seats previously approved in contradiction to this paragraph shall be borne by the department.
SECTION 2. The department of elementary and secondary education shall provide the total tuition amount owed by the sending district calculated pursuant to section 89 of chapter 71 of the General Laws for each enrolled charter school student from a district that is no longer in the lowest 10 per cent pursuant to said section 89 of said chapter 71 who was permitted to enroll notwithstanding the net school spending cap. The department of elementary and secondary education shall not require a charter school or the district to reimburse the department for said tuition amount. The state treasurer shall not deduct the tuition amount from the district’s state school aid, as defined in section 2 of chapter 70 of the General Laws.
SECTION 3. Nothing in this act shall be construed to require a charter school to unenroll any student currently in attendance on or before August 1, 2022.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to clarify the school district net school spending cap, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act to promote safe firearm storage education and increase the well-being of students
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S305
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SD991
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:24:11.043'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:24:11.0433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-27T16:36:17.3866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-03T15:13:57.41'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-18T14:20:19.6733333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-03T11:08:56.0233333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-12T09:57:28.11'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 305) of Jason M. Lewis for legislation to promote safe firearm storage education and increase the well-being of students. Education.
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SECTION 1. Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 99. (a) The Department of Elementary and Secondary Education shall develop model content for the safe storage of firearms in consultation with the executive office of public safety and security for school districts, as defined by section 2 of chapter 70, in order for the districts to disseminate that content to families. Said model content shall include information for students and their families, parents, and guardians regarding the importance of secure gun storage to protect minors from accessing firearms, the risks of access to firearms, secure firearm storage requirements, and suicide prevention and other behavioral health resources.
(b) School districts, as defined by section 2 of chapter 70, shall annually distribute pamphlets containing information developed pursuant to subsection (a) to all enrolled students and their parents or guardians, in English or Spanish, and make said information electronically accessible on the district’s webpage.
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An Act to increase student access to career technical education schools and programs which are aligned with regional labor market needs
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S306
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SD1306
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:05:38.12'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:05:38.12'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:58:19.8666667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T10:39:08.8833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T08:58:02.3133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:11:27.3066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T16:10:47.0966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:28:16.0666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:35:28.83'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:51:37.41'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 306) of Jason M. Lewis, Michael O. Moore, Kate Lipper-Garabedian and Patricia D. Jehlen for legislation relative increase student access to career technical education schools and programs which are aligned with regional labor market needs. Education.
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SECTION 1. Chapter 69 of the General Laws is hereby amended by adding the following 6 sections:-
Section 37. For the purposes of sections 38 through 42, inclusive, the following terms shall have the following meanings, unless the context clearly requires otherwise:-
“Career technical education”, shall have the same meaning as vocational-technical education pursuant to section 1 of chapter 74.
“Office”, shall mean the office of career technical education.
Section 38. There shall be established within the department of elementary and secondary education an office of career technical education, which shall be under the supervision and management of the deputy commissioner of career technical education. The deputy commissioner shall be appointed by the commissioner of elementary and secondary education, with the approval of the board. It shall be the duty of said deputy commissioner to improve and maximize career technical education throughout the commonwealth, and to collaborate with the board to promulgate regulations and develop and implement polices to enhance the commonwealth’s career technical education programs, including but not limited to the ensuring the enforcement of regulations relative to certificates of occupational proficiency.
Section 39. The office shall promote and support with available resources innovative and collaborative career technical education demonstration programs in which students split time between their comprehensive high school and a school offering programs under chapter 74; provided, that under such programs, participating students’ daily schedule shall include required academic classes and vocational courses when the equipment is available.
Section 40. (a) The office shall develop credentials for students graduating from high quality career technical education programs in applied knowledge, effective relationships, and workplace skills as described in the federal Employability Skills Framework.
(b) The office shall ensure instructional ability and competence of career technical education instructors through the utilization of occupational advisory boards and nationally validated teacher competency testing.
(c)The office shall utilize both pre- and post-technical assessment in both cognitive and psychomotor domains to determine what students know and are able to do.
(d) The office shall collaborate with recognized industry credential providers such as a recognized industry credential provider to develop state-customized credentials to measure career readiness through skill assessments appropriate to each tier of career technical education.
(e) The office shall consider the use of the 21st Century Skills for Workplace Success Credential, including but not limited for use in validation of basic competencies prior to participation in externships or school-based enterprises and as a graduation or completion requirement for post-graduate and postsecondary chapter 74 programs..
(f) The office shall support the use of Industry Recognized Credentials, known as IRCs, in chapter 74 programs.
(g) The office shall support the use of both longitudinal and pre- and post-student assessment as a means of obtaining meaningful data for curricular improvement. Data may be utilized for facilities improvement, equipment investments, mission success, and professional development.
(h) The office shall engage in statewide data sharing agreements with credential providers that include a variety of access portals for a variety of levels of personnel, including but not limited to state, local career technical education administration, career technical education teachers, parents, and students, giving access to stakeholders to assess program effectiveness.
(i) The office shall encourage and work to increase the use of articulation agreements with community colleges and public universities and other dual credit programs to allow career technical education students to earn credit and stacked credentials that lead to an associate’s degree.
(j) The office shall implement and promote efforts, including those related to student outreach and retention, to ensure that career technical education programs are accessible to all students, including English language learners, students with disabilities, and student populations traditionally underrepresented in career technical education programs.
Section 41. The office shall work with the Regional Workforce Boards on an annual basis to determine the labor market needs in their region and, using that information, shall actively promote and facilitate the introduction of career technical education programs that align with regional demand. The office shall work with the regional workforce boards to assure curricular alignment to both local employers’ need and expected national standards for labor market needs.
Section 42. Any comprehensive high school shall have access to a minimum of 1 career technical education course or an approved career technical education internship to increase all students’ exposure to career technical education fields, enabling students to have the knowledge to access both college and careers.
SECTION 2. The department of elementary and secondary education shall establish and administer a pilot program to incentivize collaboration between high school faculty and guidance counselors of schools offering chapter 74 programs and those that do not to utilize resources developed by career technical education to provide access to skill-training and career options for all students. The pilot program shall be administered for 2 years from the date the program is initiated. At the end of said 2-year period, the department shall submit a report on the effects of the program and the feasibility of continuing such program to the clerks of the house of representatives and the senate, and to the house and senate co-chairs of the joint committee on education.
SECTION 3. There shall hereby be established a commission to be known as the Career Technical Education Funding Commission, to study funding options for career technical education programs. The commission shall consist of 4 representatives of the department of elementary and secondary education, to be appointed by the deputy commissioner of the office of career technical education, provided, that one shall be the secretary of education or a designee, and 3 representatives of the executive office of labor and workforce development, to be appointed by the secretary of labor and workforce development. The commission shall identify the use of funds for changing market needs. This commission shall make recommendations, which shall include but not be limited to, the following:
(1) whether the Massachusetts school building authority may spend money on equipment only, or if they are limited to funding for education structures;
(2) whether the Massachusetts school building authority should add incentives for the approved chapter 74 educational spaces in programs that align to labor market demand;
(3) how to simplify state law, particularly section 16 of chapter 71 of the General Laws, so that all regional school districts can secure bonding for critical capital projects through the district-wide referendum process outlined in subsection (n) of said section 16 of said chapter 71;
(4) how to change language in subsection (d) of said section 16 of said chapter 71 to allow all regional school districts the option to secure project bonding approval upon a two-thirds vote of approval of each legislative body of a municipality comprising the district; and
(5) any other recommendations relative to funding at the commission’s discretion.
The commission shall submit a report, which shall include the findings of the study and all such recommendations and any proposed drafts of legislation, not later than 1 year after the effective date of this act.
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An Act establishing a special commission to re-imagine school assessment and accountability
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S307
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SD1313
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:33:09.273'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:33:09.2733333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T08:58:45.77'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:13:24.6266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:34:50.9466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:51:32.9066667'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 307) of Jason M. Lewis and Patricia D. Jehlen for legislation to establish a Special Commission to Re-Imagine School Assessment and Accountability. Education.
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SECTION 1. (a) There shall be a special commission on the student, school and district evaluation system, assessment instruments, and requirements regarding state intervention in underperforming schools and school districts. The commission shall review the Commonwealth’s current assessment and accountability system, including provisions in sections 1D, 1I, 1J, and 1K of chapter 69 of the General Laws that affect the performance, efficacy, and impact of the student, school, and district evaluation system.
The commission shall examine the requirements of the Every Student Succeeds Act of 2015, Public Law 114-95, as well as potential waivers; the range of alternative assessment and accountability systems in place or being considered across the country; and research data on what parents, K-12 educators, higher education and business leaders want students to know and be able to do upon high school graduation.
Regarding the assessment of students, the special commission shall consider assessments other than conventional methods, including, but not limited to, work samples, projects and portfolios, and authentic and direct gauges of student performance.
Regarding the accountability formula, the special commission shall consider the inclusion of a broader range of measures that align with public values and are less tied to student demography.
Regarding accountability determinations, the commission shall consider a process of public input and deliberation, rather than an algorithm or the commissioner’s or Board’s judgment alone. The commission shall use these reviews and research data to develop recommendations, including proposed amendments to sections 1D, 1I, 1J and 1K of chapter 69 of the General Laws, on the Commonwealth’s future education assessment and accountability system. The commission shall file its recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the clerks of the senate and house of representatives on or before December 31, 2022.
(b) There shall be two co-chairs, selected by commission members at their first meeting from among the commission’s membership. Commission members shall include the senate and house chairs of the Joint Committee on Education or designees; the commissioner of elementary and secondary education or designee; the secretary of education or designee; the speaker of the house of representatives or designee; the president of the senate or designee; the minority leader of the house of representatives or designee; the minority leader of the senate or designee; and one member to be appointed by each of the following organizations: Massachusetts Association of School Committees, Inc.; Massachusetts Association of School Superintendents, Inc.; Massachusetts Teachers Association; American Federation of Teachers Massachusetts; Massachusetts Parent Teacher Association; Massachusetts State Student Advisory Council; Multicultural Education, Training, and Advocacy, Inc.; NAACP Boston; Citizens for Public Schools; Massachusetts Consortium for Innovative Education Assessment; Black Educators Alliance of Massachusetts; Massachusetts Asian American Educators Association; Gaston Institute for Latino Community Development and Public Policy of the University of Massachusetts Boston; Massachusetts Advocates for Children; Center for Law and Education; and the Center for Antiracist Research at Boston University.
(c) Prior to issuing its recommendations, the commission shall conduct not fewer than 8 public hearings across regions of the Commonwealth, and shall invite expert speakers on alternative forms of state assessment and accountability systems that replace standardized testing.
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An Act relative to healthy school lunches
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S308
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SD1316
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-17T11:35:46.677'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-17T11:35:46.6766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-13T10:27:52.0066667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-13T10:27:52.0066667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-06-07T11:35:20.2466667'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 308) of Jason M. Lewis for legislation relative to healthy school lunches. Education.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 15IIIIII, the following section:-
Section 15JJJJJJ.The governor shall annually issue a proclamation setting apart March 21 as Massachusetts Child Nutrition Day and recommending that the day be observed in an appropriate manner by the people.
SECTION 2. Chapter 71 is hereby amended by inserting, after section 97, the following new section:-
Section 98. (a) The purpose of this section is to ensure that the students of the Commonwealth are appropriately nourished in order to support a healthier, livable and more equitable future for all.
(b) For the purposes of this section, the following words shall have the following meanings:-
(i) food service management company is defined as a commercial enterprise or a nonprofit organization which is or may be contracted with by the school food authority to manage any aspect of the school food service
(ii) entrée is defined as the meat/meat alternate category within the USDA’s Federal Nutrition Standards
(iii) Fiber-rich” is defined as an entrée item that contains at least 14 g of fiber per 1000kcal from whole food sources such as whole grains, legumes, beans, pulses, fruits, and vegetables
(iv) “Reimbursable meal” is any meal that meets the United States Department of Agriculture (USDA) National School Lunch Program nutritional requirements for federal reimbursement at the annual allotted rate of any of the following: (a) free lunch; (b) reduced- price lunch; or (c) paid lunch
(v) “ultra-processed food” is defined as industrial formulations of food substances never or rarely used in kitchens (such as high-fructose corn syrup, hydrogenated or interesterified oils, and hydrolysed proteins), or classes of additives designed to make the final product palatable, appealing, or preservable (such as flavours, flavour enhancers, colours, emulsifiers, emulsifying salts, sweeteners, thickeners, nitrates, nitrites, preservatives, and anti-foaming, bulking, carbonating, foaming, gelling and glazing agents)
(c) Any food service management company selling food to Massachusetts public schools for our children to consume shall ensure that at least 50% of the entrées sold and served for lunch within school hours in schools, school districts, or other entities over the course of each week are healthy foods containing whole grains, vegetables, fruits, legumes and other fiber-rich proteins as part of a reimbursable meal offering within the federal National School Lunch Program.
(d) No food service provider may sell or serve in Massachusetts public schools, school districts, or other entities more than 20% of entrée items that meet one or more of the following: qualify as ultra-processed; have a nutritional composition that includes more than 30 milligrams of cholesterol more than 5% of the entrées’ total calories come from saturated fat as part of a weekly reimbursable meal offering within the federal National School Lunch
(e) Each food service provider selling food to Massachusetts public schools for school children to consume, shall keep itemized nutrition data that is made publicly available on a monthly basis to demonstrate compliance with this statute.
(f) Each food service management company will have a phase in period of three years following the initial date of their most recent contract with their respective school food authority or by the first day of the school calendar year 2033-2034, whichever comes first.
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An Act establishing a special commission to review the adequacy and equity of the Massachusetts school building program
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S309
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SD1324
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-17T10:35:32.343'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-17T10:35:32.3433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:12:19.3133333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T10:43:38.6033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:13:59.7366667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T16:14:51.0933333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-03T15:13:29.8033333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 309) of Jason M. Lewis, Rebecca L. Rausch and Kate Lipper-Garabedian for legislation to establish a special commission to review the adequacy and equity of the Massachusetts school building program. Education.
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SECTION 1. (a) For the purposes of this section, the word “authority” shall mean the Massachusetts School Building Authority established in section 1A of chapter 70B of the General Laws.
(b) There shall be a special commission to study and make recommendations regarding the: (i) capacity of the authority to meet the needs of current and future school facility projects; and (ii) racial, ethnic, socio-economic and geographic equity of the grant funding formula to ensure that all communities can participate in the program.
(c) The commission shall consist of: 2 members appointed by the senate president, 1 of whom shall be the senate chair of the joint committee on education and 1 of whom shall serve as co-chair; 2 members appointed by the speaker of the house of representatives, 1 of whom shall be the house chair of the joint committee on education, and 1 of whom shall serve as co-chair; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; the secretary of education or a designee; the commissioner of elementary and secondary education or a designee; the executive director of the authority or a designee; 2 members appointed by the governor, 1 of whom shall be a representative of a gateway city with knowledge of municipal finance and 1 of whom shall be an individual with demonstrated expertise in the design and construction of cost-effective school buildings; 2 members appointed by the state treasurer, 1 of whom shall be an individual with demonstrated expertise in the design and construction of green buildings and 1 of whom shall be an individual with demonstrated expertise in public health and indoor environmental quality in school buildings; 1 member appointed by the Massachusetts Association of School Superintendents, Inc.; 1 member appointed by the Massachusetts Association of School Committees, Inc.; 1 member appointed by the Massachusetts Association of Vocational Administrators, Inc.; 1 member appointed by the Massachusetts Chapter of the American Institute for Architects; 1 member appointed by the Massachusetts Facilities Administrators Association, Inc.; 1 member appointed by the Massachusetts Teachers Association; 1 member appointed by the American Federation of Teachers Massachusetts; 1 member appointed by the Massachusetts Taxpayers Foundation, Inc.; and 1 member appointed by the Massachusetts Building Trades Council.
(d) The commission shall investigate and make recommendations on: (i) the current and future need to renovate and rebuild school facilities and the availability of adequate state and local resources, and the extent to which current state funding for the authority may need to be increased to meet this need; (ii) the authority's existing grant formula and potential modifications to the formula to ensure fairness and equity for all communities; (iii) the alignment of the authority's construction cost reimbursement rate relative to the actual cost of construction and other authority policies that impact eligible project costs for reimbursement; (iv) incentive percentage points, including, but not limited to, how incentive percentage points are calculated for municipalities that qualify for 80 per cent reimbursement; (v) reimbursement policies for regional technical and vocational schools and how to ensure affordability for all member communities; (vi) reimbursement policies to help the commonwealth achieve its environmental and greenhouse gas emissions reductions goals; (vii) reimbursement policies that support healthy school facilities for students and staff; (viii) whether the authority should be authorized to spend money on equipment or the authority should be limited to funding for education structures; (ix) whether the authority should add incentives for educational spaces approved under chapter 74 of the General Laws in programs that align to labor market demand; and (x) any other issues affecting the ability for all students in the commonwealth to attend school in high quality, accessible, safe, healthy and green school buildings.
(e) The authority and any other state agency shall make available to the commission in a timely manner any documents, data or other materials that are reasonably requested by the commission.
(f) The commission shall submit a report of its findings and recommendations to the clerks of the house of representatives and senate, the joint committee on education and the house and senate committees on ways and means not later than December 1, 2025.
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An Act drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT
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S31
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SD1827
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T09:46:53.837'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T09:46:53.8366667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-07-10T14:22:49.7266667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 31) of Barry R. Finegold for legislation to regulate generative artificial intelligence models like ChatGPT. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 93A the following chapter:-
CHAPTER 93A½. Generative Artificial Intelligence Models
Section 1. Purpose
The purpose of this chapter is to regulate generative artificial intelligence models, such as ChatGPT, in order to protect the public’s safety, privacy and intellectual property rights.
Section 2. Definitions
For the purposes of this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:
(a) A “large-scale generative artificial intelligence model” shall mean a machine learning model with a capacity of at least one billion parameters that generates text or other forms of output, such as ChatGPT.
(b) “Parameter” shall mean any variable or value used to control the operation or output of a generative artificial intelligence model.
Section 3. Operating Standards
Any company operating a large-scale generative artificial intelligence model shall adhere to the following operating standards:
(1) the model shall not be used to engage in discrimination or bias against any individual or group based on protected characteristics, as defined by state or federal law;
(2) in order to prevent plagiarism, the model shall be programmed to generate all text with a distinctive watermark or offer an authentication process that allows a user to determine whether a particular output was generated by the model;
(3) the company shall implement reasonable security measures to protect the data of individuals used to train the model;
(4) the company shall obtain informed consent from individuals before collecting, using or disclosing their data;
(5) the company shall delete or de-identify any data collected from individuals if it is no longer needed for the intended purpose of the model; and
(6) the company shall conduct regular risk assessments to identify, assess and mitigate reasonably foreseeable risks and cognizable harms related to their products and services, including in the design, development and implementation of such products and services.
Section 4. Registration with the Attorney General
(a) Any company operating a large-scale generative artificial intelligence model shall register with the attorney general within 90 days of the effective date of this act.
(b) The registration shall include the following information:
(1) the name and contact information of the company;
(2) a description of the large-scale generative artificial intelligence model, including its capacity, training data, intended use, design process and methodologies; and
(3) information on the company's data collection, storage and security practices.
(c) The attorney general shall maintain a public registry of all companies registered under this act.
Section 5. Enforcement
(a) The attorney general shall adopt regulations for the purposes of carrying out this chapter.
(b) To remedy violations of this chapter and for other relief that may be appropriate, the attorney general may bring an action pursuant to section 4 of chapter 93A against a person.
SECTION 2. Effective Date
Chapter 93A½. of the General Laws shall take effect on the ninetieth day following the passage of this act.
SECTION 3. Disclaimer
This act has been drafted with the help of ChatGPT and any errors or inaccuracies in the bill should not be attributed to the language model but rather to its human authors.
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An Act relative to food literacy
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S310
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SD1348
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:25:32.37'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:25:32.37'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T11:16:17.94'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T11:16:17.94'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-03T09:26:04.2166667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T13:50:21.1433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T12:36:19.12'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-08T14:12:40.3166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T11:06:53.9233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T09:34:44.8966667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T16:37:05.0533333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-23T10:43:50.16'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T10:07:43.1033333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-06T08:55:21.7033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T16:13:13.7033333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T16:35:55.47'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-13T10:28:48.83'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 310) of Jason M. Lewis, Joanne M. Comerford, Susannah M. Whipps, Anne M. Gobi and other members of the General Court for legislation relative to food literacy. Education.
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SECTION 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 35SSS the following section:
Section 35TTT. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Food Literacy Trust Fund. The fund may receive money from: any appropriations authorized by the general court specifically designated to be credited to the fund; gifts, grants and donations from public or private sources; federal reimbursements and grants-in-aid; and any interest earned from the fund. Monies may be expended by the department of elementary and secondary education to encourage and facilitate food literacy programs in school districts, charter schools, approved private day or residential schools, or collaborative schools.
No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. The fund shall be an expendable trust fund and shall not be subject to appropriation or allotment. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all money transmitted under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The commissioner of elementary and secondary education shall report annually to the house and senate committees on ways and means and the joint committee on education on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
SECTION 2. The third paragraph section 1D of chapter 69 of the General Laws, as so appearing, is hereby by amended, the words “consumer skills,” in line 38, by adding the following words:-
“food literacy,”
SECTION 3. Chapter 69 of the General Laws, as so appearing, is hereby amended by inserting after section 1T the following section:
Section 1U. (a) Food literacy standards established pursuant to section 1D shall promote an understanding of food systems including, but not limited to: (i) nutrition and the impact of diet on personal health; (ii) culinary skills and menu planning; (iii) food production, including farming, fishing, and processing; (iv) the connections between the food system and the environment; (v) hunger, its causes and efforts to alleviate it; (vi) racial and other inequities in access to food and jobs in the food system; (vii) food justice; (viii) cultural connections to food; (ix) local food producers; and (x) careers in the food system including in the fields of farming, fishing, processing, engineering, transportation, public health, and hunger alleviation.
(b) A school district, charter school, approved private day or residential school or collaborative school may incorporate the food literacy standards established pursuant to section 1D and subsection (a) into existing curriculum including, but not limited to, mathematics, science, or history and social sciences.
(c) The department shall make resources, including high quality lessons and curricula, available to school districts, charter schools, approved private day or residential schools and collaborative schools to assist in the selection of materials and curriculum on food literacy. The department shall identify and offer information on resources for professional development activities and instruction on food literacy. The department may consult with private or non-profit experts in the fields of nutrition, agriculture, food systems, food security, or other related fields.
(d) The department may expend funds from the Food Literacy Trust Fund established pursuant to section 35TTT of chapter 10, to implement this section.
(e) There shall annually be a review by the department relative to the implementation of food literacy standards, including a study of food literacy programs offered in the commonwealth to students in kindergarten through grade 12. The commissioner shall consult with the office of the state treasurer to, subject to appropriation, convene a working group consisting of educators experienced in teaching curriculum related to food literacy and any individuals or organizations the department deems relevant with expertise in food systems, including, but not limited to, nutrition, farming, fishing, culinary arts, food justice and food career opportunities. The review shall include a report on best practices and recommended improvements to food literacy standards. The report shall be submitted to the clerks of the house of representatives and the senate and the joint committee on education.
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An Act relative to educator diversity
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S311
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SD1831
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T09:51:49.607'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T09:51:49.6066667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-23T12:13:32.8233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T09:58:08.5'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:58:08.5'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:25:09.1'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-13T09:57:43.7333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:00:07.4433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T11:57:41.03'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T09:48:22.25'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-20T13:31:09.9233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-20T13:31:09.9233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-29T10:40:10.3433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-10T14:42:33.11'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-10T14:42:33.11'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-05-03T11:08:27.38'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-07-12T15:30:22.15'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-08-03T15:11:17.9666667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-09-20T09:36:05.12'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-10-17T13:59:28.7633333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 311) of Jason M. Lewis, Manny Cruz, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for legislation relative to educator diversity. Education.
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SECTION 1. Section 38G of chapter 71 of the General Laws is hereby amended by inserting after paragraph 13, ending with the words “approved provisional educator preparation program”, the following paragraph:-
The department shall, in consultation with relevant stakeholders, develop an additional process for granting educator certification that may be used as an alternative to the testing requirements contained in this section. This process shall include consideration of factors such as whether a candidate has: obtained certification in another state approved by the department; completed a satisfactory portfolio of items that may include student feedback or competency-based projects; or obtained a master’s degree or doctorate from an accredited institution. The department may use the results of the alternative assessment pilot authorized by 603 CMR 7.04(e) to inform the development of the alternative licensure process required by this paragraph. The department shall conduct an annual evaluation of the alternative licensure process to determine its effects on candidates of diverse backgrounds. This section shall take effect no later than June 1, 2024.
SECTION 2. Said chapter 71 of the General Laws is hereby amended by inserting after section 38G ½ the following section:-
Section 38G ¾ (a) To promote a diverse educator workforce, the department shall:
(i) Establish guidelines for plans to increase racial and ethnic diversity among teaching, administration and staff positions in public schools and districts. These guidelines shall include, at a minimum, recommended policies designed to help schools or districts: (1) identify and eliminate discriminatory barriers to hiring and learning in a school or district; (2) remedy the effects of past discriminatory practices; (3) identify, recruit, and hire employees who are members of under-represented groups; (4) develop, promote, and retain employees who are members of under-represented groups; and (5) ensure equal opportunity in employment for educators. In developing these guidelines, the department shall consult with experts and school leaders from public schools or districts that have experienced significant increases in hiring and retaining racially and ethnically diverse educators.
Each public school or district shall set a corresponding policy that conforms with the department's guidelines. Such plans shall set forth specific goals and timetables for achievement, shall comply with all applicable state and federal laws, and shall be updated, at a minimum, every 3 years.
(ii) Establish a process for reviewing plans based on clearly defined criteria. A public school or district shall amend any plan deemed not to conform with the requirements of this section. A public school or district shall be deemed to have satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 of the General Laws, as amended by chapter 132 of the acts of 2019, or in any other strategic plan developed by the district.
(iii) Establish periodic reporting requirements for schools and districts concerning the implementation of their plans and all actions taken to ensure compliance with this section and applicable state and federal laws. These reporting requirements shall be incorporated into existing reporting mechanisms and schedules where feasible.
(iv) Assist schools and districts in complying with their plans and applicable federal and state laws.
(v) Require approved educator preparation programs to implement plans to increase the racial and ethnic diversity of program completers. These plans shall be required as part of the educator preparation program approval process and the department shall make each program’s plan publicly available. The department shall establish guidelines for educator preparation program diversity plans.
(b) The board of elementary and secondary education shall review compliance with these plans and policies on a regular basis and may provide further recommendations regarding educator diversity.
SECTION 3. Section 18 of Chapter 74, as appearing in the 2018 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:-
The state board shall establish basic competency-based vocational-technical teacher training standards which shall serve as the fundamental, pedagogical requirements for beginning vocational-technical instructors. The board shall further require that all persons seeking to meet the board's requirements shall have successfully passed performance and written tests in areas as determined by the board or shall have satisfied alternative measures of proficiency established by the board and shall have successfully completed an approved seminar on teaching skills and methods.
SECTION 4: (a) Notwithstanding any general or special law to the contrary, the department shall set measurable educator diversity goals for the state and collect and report publicly statewide educator diversity data. The data shall be reported in an online dashboard created in consultation with the board of elementary and secondary education. The data shall include but not be limited to the hiring and retention of diverse educators, the racial demographics of educators who complete Massachusetts state educator preparation programs, and teacher qualification data from school and district report cards. The department shall report annually to the board of elementary and secondary education on state educator diversity data and goals. The department shall also submit a report on the state of educator diversity to the clerks of the senate and house of representatives no later than June 30th on an annual basis.
(b) Each public school or district shall collect and report educator diversity data publicly in a manner prescribed by the department; provided that the department shall utilize existing reporting mechanisms and schedules to collect educator diversity data and outcomes and shall annually present both to the school committee. The data reported pursuant to this paragraph shall include information regarding the achievement of goals set pursuant to subsection (a)(i) of section 38G ¾ of chapter 71 of the General Laws.
SECTION 5: (a) Each public school or district shall appoint or hire a diversity, equity, and inclusion officer(s) or establish a diversity team, referred to in this section as a diversity officer or team. The role and responsibilities of a diversity officer or team may be assigned to an existing school employee or existing school entity. A diversity officer or team shall report directly to the superintendent. Diversity officers or teams shall coordinate their school district’s compliance with the requirements of this section and applicable federal and state laws. Should a district have a diversity officer or team already in place, that shall satisfy the requirement of this section.
(c) Each public school or district shall establish a process for advising the school committee or board of trustees on matters of diversity, equity, and inclusion in the school district. This process may include establishing an educator diversity council consisting of educators, administrators, and students, which shall meet regularly with the superintendent or the diversity officer or teams and the school committee or board of trustees. The school committee or board of trustees may appoint a member of the committee to serve as an ex-officio member of the educator diversity council.
(d) Pursuant to guidelines established by the department, all superintendents, school committee members, district leaders, principals and school district employees shall attend annual diversity and implicit bias training.
SECTION 6. The board of elementary and secondary education shall promulgate rules and regulations to implement the requirements of this act. Such regulations shall include a schedule for public schools and districts to meet the planning and reporting requirements of this act, provided that such schedule shall prioritize implementation for schools and districts that have significant disparities between educator and student demographics, according to race and ethnicity.
SECTION 7. The department of elementary and secondary education shall establish an educator diversity grant program, subject to appropriation, which shall provide grants to assist public schools and districts with the establishment of programs to increase educator diversity. Grant funds may be used for purposes including but not limited to the development, in collaboration with institutions of higher education, of in-house teacher residency programs or pathways focused on recruiting, developing, and supporting educators who are members of under-represented groups. This grant program will also support other promising practices to increase the recruitment and retention of diverse educators. The department shall periodically report to the joint committee on education and the house and senate committees on ways and means on the impact of the grant program, including the expenditure of funds by schools and an analysis of the types of programs or initiatives created by said funds.
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An Act for the end of Common Core, and establishing certain other curriculum standards
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S312
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SD1852
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T10:10:10.457'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:10:10.4566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S312/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 312) of Vincent Lawrence Dixon for legislation for the end of Common Core, and establishing certain other curriculum standards. Education.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act for: Ending Common Core, and establishing certain other curriculum standards.
1.) The interest of parents, students, families, teachers, and many others, in achieving the best of educational standards has, in many ways, been influenced by serious concerns about the “Common Core” curriculum.
2.) This legislation, seeks to spare the negative effects of the Common Core curriculum, and establish certain new standards for curriculum in schools.
Therefore, the language below is proposed, and upon passage, is adopted:
SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, the vote taken by the Massachusetts Board of Elementary and Secondary Education on July 21, 2010, to adopt the Common Core State Standards for Mathematics and English Language Arts is hereby rescinded. The curriculum frameworks in Mathematics and English Language Arts that were in effect prior to that date are hereby restored.
SECTION 3. Section 1D of Chapter 69 is hereby amended in the second paragraph by inserting after the first sentence, the following new sentences:
The process shall include committees made up exclusively of public school teachers and academics from private and public colleges and universities established and operated in Massachusetts. The commissioner shall copyright the frameworks, which shall be wholly owned by the department; permission shall be granted to copy any or all parts of these frameworks for non-commercial educational purposes.
SECTION 4. Said section 1D of chapter 69 is hereby further amended in the second paragraph by inserting after the third sentence the following new sentences:
There shall be three review committees, one for each discipline of math, science and technology and English. Each review committee shall have three members appointed by the governor who shall choose said members from private or public research universities established and operated in Massachusetts for each of the disciplines. For the purposes of this section, a “research university” is any university that awards doctoral degrees in the arts and sciences. Each review committee shall warrant by a two-thirds vote that the frameworks are equivalent to the standards of the most educationally advanced nations as determined by the Trends in Mathematics and Sciences Study. No framework shall be approved by the board without such a warrant.
SECTION 5. Section 1I of Chapter 69 is hereby amended in the third paragraph by inserting after the second sentence, the following new sentence:
In order to better inform the teachers and administrators about the diagnostic assessments, after the administration of the assessments but before the start of the new school year, the commissioner shall release all of the test items, including questions, constructed responses and essays, for each grade and every subject.
SECTION 6. The several provisions of this Act are independent and severable and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the Act invalid or inoperative.
SECTION 7. This act shall take effect immediately upon becoming law.
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An Act relative to supporting survivors of child sexual abuse
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S313
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SD243
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:17:13.03'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:17:13.03'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S313/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 313) of Joan B. Lovely for legislation relative to supporting survivors of child sexual abuse. Education.
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SECTION 1. Section 85V of said chapter 231 is hereby amended by inserting after clause (iii) the following clause:-
(iv) a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of chapter 260.
SECTION 2. Section 85W of said chapter 231 is hereby amended by inserting after the word “automobile”, in line 20, the following words:-
or in a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of chapter 260
SECTION 3. Subsection (j) of section 10 of chapter 258 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after paragraph (4), the following paragraph:-
(5) any claim by or on behalf of a person who alleges that he was sexually abused as a child, as that term is defined in section 4C of chapter 260.
SECTION 4. Section 2 of chapter 258C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after subsection (b), the following subsection:-
(b1) In the case of a claimant who was sexually abused as a minor, such good cause shall include the report of a duly licensed mental health professional stating an opinion that the claimant did not make the connection between the sexual abuse and the harm suffered by the claimant at the time the abuse occurred, and that claimant's failure to make the connection was consistent with the typical responses by such victims of childhood sexual abuse.
SECTION 5. Subsection (a) of section 5 of said chapter 258C is hereby amended by inserting after section paragraph (1) the following paragraph:-
(1A) In the case of a claimant who was sexually abused as a minor, said three years shall commence to run when the claimant first makes the connection between the sexual abuse and the harm suffered by the claimant as a result. The report of a duly licensed mental health professional stating an opinion as to the date when the claimant first made the connection between the sexual abuse and the harm suffered by the claimant, and that the claimant's failure to make the connection prior to that date was consistent with the typical responses by such victims of childhood sexual abuse, shall be prima facie evidence in all proceedings under this chapter.
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An Act stopping harm inflicted by the exploitation of life and development
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S314
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SD244
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:17:44.45'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:17:44.45'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 314) of Joan B. Lovely for legislation to stop harm inflicted by the exploitation of life and development. Education.
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SECTION 1. This act shall be known as the SHIELD Act.
SECTION 2. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 119A the following chapter:-
CHAPTER 119B. CHILD SEXUAL ABUSE PREVENTION
Section 1. For the purposes of this chapter, the following words and phrases shall have the following meanings:-
“Abuse”, an act involving a minor that constitutes a sexual offense under the laws of the Commonwealth or any sexual misconduct between an adult and a minor under the care of that individual.
“Abuse prevention policy”, a policy adopted by a school or youth-serving organization that supports the prevention of sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior between a teacher and a minor or student.
“Age-appropriate”, topics, messages and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group
“Employee” means a person defined as such in section 148B of chapter 149.
“Job performance” includes, but is not limited to, abilities, attendance, attitude, awards, demotions, disciplinary actions, duties, effort, knowledge, promotions, skills, and. in the case of a former school employee, the reasons for separation.
“Mandated reporter” means a person defined as such in section 21 of chapter 119.
“Minor”, a person under 18 years of age.
“School”, a public or private educational institution that serves minors in the Commonwealth, including an entity with the mission of providing activities and socialization for minors that is operated by such an educational institution.
“Sexual misconduct”, any action directed towards or with a minor, regardless of the age of the minor that is designed to promote a romantic or sexual relationship with the minor. Such acts include, but are not limited to:
(a) Sexual or romantic invitation;
(b) Dating or soliciting dates;
(c) Engaging in sexualized or romantic dialogue;
(d) Making sexually suggestive comments;
(e) Self-disclosure or physical exposure of a sexual, romantic or erotic nature; or
(f) Any sexual, indecent, romantic or erotic contact with a minor or student.
“Youth-serving organization”, a public or private entity with the mission of providing activities and socialization for minors; provided, however, that this shall not include such an entity operated by a public or private educational institution that serves minors in the Commonwealth.
Section 2. School Abuse Prevention Policies
(a) Every school shall adopt the abuse prevention policy as set forth by the department elementary and secondary education. The abuse prevention policy shall support the prevention of sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior for teachers and students. The policy shall also detail the institution’s procedures for meeting its obligations under section 51A of chapter 119.
(b) The department of elementary and secondary education, in consultation with the office of the child advocate, the department of children and families and the department of early education and care shall create the abuse prevention policy for schools across the Commonwealth.
(c) The department shall review the model abuse prevention policy at least once every 5 years to ensure it includes up-to-date information and best practices.
Section 3. Youth Serving Organizations Abuse Prevention Policies
(a) Every youth serving organization shall adopt the abuse prevention policy as set forth by the department children and families. The abuse prevention policy shall support the prevention of sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior for teachers and students. The policy shall also detail the institution’s procedures for meeting its obligations under section 51A of chapter 119.
(b) The department of children and families, in consultation with the office of the child advocate, the department of elementary and secondary education and the department of early education and care shall create the abuse prevention policy for schools across the Commonwealth.
(c) The department shall review the model abuse prevention policy at least once every 5 years to ensure it includes up-to-date information and best practices.
Section 4. School Employee Sexual Abuse Prevention Education
(a) All mandated reporters employed by a school shall receive instruction biennially on the prevention, identification, and reporting of child sexual abuse. This instruction shall include comprehensive training and information to help schools and their personnel:
(1) recognize, appropriately respond to and prevent behaviors violating the school abuse prevention policy;
(2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or abusive behaviors between minors’ served by schools;
(3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from those of other abuse and neglect;
(4) support the healthy development of students and minors, and the building of protective factors, to mitigate against their sexual victimization by adults or by other minors;
(5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse prevention policy of adults or minors in a supportive and appropriate manner that meets mandated reporting requirements under section 51A of chapter 119;
(6) seek out community resources available to assist schools in the prevention, identification, reporting and referral to treatment of cases involving the sexual abuse or exploitation of minors.
(b) The department of elementary and secondary education shall use tested, research-based instructional materials that meet the requirements of subsection (a). The mode of delivery for the trainings may include in-person or e-learning instruction.
(c) The department of elementary and secondary education shall adapt, implement and maintain an existing evidence-based online or in-person training course to satisfy the requirements of subsection (b); provided, however, that if the department cannot find an existing program to adapt to this purpose, then the department shall create, implement, maintain and update such a training program; provided further, that such training program shall be provided to schools at no cost.
(d) For each training required under this section, each school shall maintain records that include the names of the individuals within their school.
(f)The department of elementary and secondary education shall make the abuse prevention policy publicly available on its website.
Section 5. Youth Serving Organization Employee Sexual Abuse Prevention Education
(a) All mandated reporters employed by a youth serving organization shall receive instruction biennially on the prevention, identification, and reporting of child sexual abuse. This instruction shall include comprehensive training and information to help youth serving organizations and their personnel:
(1) recognize, appropriately respond to and prevent behaviors violating the youth serving organization abuse prevention policy;
(2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or abusive behaviors between minors’ served by youth serving organization;
(3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from those of other abuse and neglect;
(4) support the healthy development of minors, and the building of protective factors, to mitigate against their sexual victimization by adults or by other minors;
(5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse prevention policy of adults or minors in a supportive and appropriate manner that meets mandated reporting requirements under section 51A of chapter 119;
(6) seek out community resources available to assist youth serving organizations in the prevention, identification, reporting and referral to treatment of cases involving the sexual abuse or exploitation of minors.
(b) The department of children and families shall use tested, research-based instructional materials that meet the requirements of subsection (a). The mode of delivery for the trainings may include in-person or e-learning instruction.
(c) The department children and families shall adapt, implement and maintain an existing evidence-based online or in-person training course to satisfy the requirements of subsection (b); provided, however, that if the department cannot find an existing program to adapt to this purpose, then the department shall create, implement, maintain and update such a training program; provided further, that such training program shall be provided to schools and youth-serving organizations at no cost.
(d) For each training required under this section, each youth serving organization shall maintain records that include the names of the individuals within their youth serving organization.
(f)The department of children and families education shall make the abuse prevention policy publicly available on its website.
Section 6. Youth Sexual Abuse Education
(a) Every school that serves elementary or secondary school students and every youth-serving organization shall provide age-appropriate instruction to help students and children served by such schools, programs, or youth-serving organizations:
(1) Recognize and report inappropriate behavior in adults that may indicate that they pose a sexual risk to minors;
(2) Recognize and report inappropriate behaviors in other children that may indicate that they pose a sexual risk to children and youth;
(3) Learn how to develop healthy and respectful interpersonal relationships, including appropriate body boundaries and privacy rules;
(4) Learn how to communicate effectively to trusted adults any concerns they have about body boundaries or privacy violations;
(5) Learn about available school and community resources to prevent and respond to sexual abuse; and
(6) Recognize and understand the consequences of false, inaccurate or exaggerated reports and the importance of children reporting honestly to the best of their ability.
(b) The department of elementary and secondary education shall use tested, research-based instructional materials that meet the requirements of subsection (a) and assist schools in implementing the program. The mode of delivery for the trainings may include in-person or e-learning instruction. For each training required under this section, each school shall maintain records that include the names of the individuals within their school who participated in the training during that year. The department of elementary and secondary education shall make the abuse prevention policy publicly available on its website.
(c) The department of children and families shall use tested, research-based instructional materials that meet the requirements of subsection (a) and assist youth serving organizations in implementing the program. The mode of delivery for the trainings may include in-person or e-learning instruction. For each training required under this section, each youth-serving organization shall maintain records that include the names of the individuals within their program who participated in the training during that year. The department of children and families shall make the abuse prevention policy publicly available on its website.
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An Act relative to recovery high schools
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S315
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SD290
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:26:52.217'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:26:52.2166667'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 315) of Joan B. Lovely for legislation relative to recovery high schools. Education.
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Section 91 of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsections (a) through (d), inclusive, and inserting in place thereof the following new subsections:-
Section 91. (a) The term ''Recovery High School'' shall mean a public high school operated by a school district or educational collaborative specifically designed for students impacted by substance use, mental health or trauma providing: (1) a comprehensive academic and social/emotional curriculum as outlined by the department of elementary and secondary education and (2) a structured plan of recovery.
(b) A school district shall transfer the state average foundation budget per pupil to a Recovery High School for a student meeting the following criteria: (1) the student is currently enrolled in the district or currently resides in the municipality in which the district is located; (2) the student is considered by a clinician, as defined by 105 CMR 164.006, to be clinically appropriate, using the criteria as defined in the Diagnostic and Statistical Manual of Mental Disorders, V; and (3) the student meets all matriculation criteria as outlined by the sending district and the department of elementary and secondary education, with the determination of academic eligibility based on existing documentation provided by the district. The district and the Recovery High School shall arrange to confer a diploma when a student is enrolled in a Recovery High School and completes state and district-mandated graduation requirements,
(c) A Recovery High School shall submit to the department of elementary and secondary education data considered necessary by the department to evaluate each student's academic performance. A Recovery High School shall also submit to the department of public health data regarding each student's recovery.
(d) The department of elementary and secondary education, in consultation with the department of public health and the department of mental health, shall promulgate rules and regulations as necessary to implement this section.
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An Act relative to best management practices for wireless in schools and public institutions of higher education
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S316
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SD2291
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:04:23.56'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:04:23.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S316/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 316) of Paul W. Mark for legislation relative to best management practices for wireless in schools and public institutions of higher education. Education.
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SECTION 1. Chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-
Section 98. The department of elementary and secondary education shall develop best practices and guidance for the purchase and installation of wireless internet service in schools. In developing these guidelines, the department shall consider and prioritize practices that protect the health and safety of public school students and staff.
SECTION 2. Chapter 15A of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 45. The board shall develop best practices and guidance for the purchase and installation of wireless internet service in public institutions of higher education. In developing these guidelines, the board shall consider and prioritize practices that protect the health and safety of public institutions of higher education students and staff.
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An Act relative to universal prekindergarten access
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S317
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SD1068
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T20:14:35.063'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T20:14:35.0633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:45:36.4933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T11:53:26.8166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T15:13:16.4133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-15T13:20:21.2733333'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 317) of Liz Miranda, Lydia Edwards, Patrick M. O'Connor and James B. Eldridge for legislation relative to universal prekindergarten access. Education.
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SECTION 1. Chapter 15D of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 13 the following section:-
Section 13A. (a) The department of early education and care, in consultation with the department of elementary and secondary education, shall develop and administer the High Quality Pre-Kindergarten Expansion grant program to support the phased development of high quality, district-wide, full-day pre-kindergarten programs for children between the ages of 2 years and 9 months and the age a child becomes eligible for kindergarten in the school district where he or she resides. The grants shall be used to bring to scale a high quality, mixed delivery early education system in order to reduce the achievement gap and improve third grade reading scores.
(b) The departments shall establish requirements for grant applicants which shall include, but not be limited to the following: (1) a tracking system for preschool students in the program using the state student identifier system; (2) a child to instructor ratio of no more than 10 to 1; (3) tactics to engage families in the enrollment process and implementation of the plan required under subsection (c), and methods to ensure a high level of enrollment by families with 3 and 4 year olds; (4) teacher qualification and evaluation system requirements, and on-going professional development requirements; (5) a full school-day program ; (6) a class size of no more than 20 preschool students; (7) inclusion of children with disabilities; (8) instructional staff salaries and benefits comparable to the corresponding district salaries and benefits for kindergarten to high school staff; (9) developmentally and linguistically appropriate instruction; (10) evidenced based curricula; (11) a learning environment aligned with the state early learning and development standards; (12) on-site access to comprehensive services for children, or convenient access to such services off site; (13) partnership with, and promotion of, community service providers for families to support children’s learning and development; (14) evidenced based health and safety standards; (15) a timetable for phasing-in of facilities, staff development, and other systems to achieve district-wide implementation; (16) program evaluation and data collection systems to ensure continuous improvement; (17) a description of the physical structures for the education of the students; (18) a plan to improve or sustain, as appropriate, the development of literacy skills from preschool through third grade.
Among proposals satisfying the requirements of this subsection, priority in grant awards shall be given first to districts that have received grants through the department’s commonwealth preschool partnership or the federal preschool expansion grants initiative. The department shall also develop and publish a metric for prioritizing the awarding of grants to qualified applicants based on: their accountability level as determined by the department of elementary and secondary education; their third grade reading proficiency scores; and their percentage of students qualifying as economically disadvantaged. Nothing herein shall require the department to award a grant to a district, regardless of priority status, that it has determined does not meet one or more of the requirements of this subsection.
(c) Each recipient of the grant shall establish a plan to implement the requirements set forth in subsection (b) and any other requirements as may be prescribed by the board of early education and care. Each superintendent shall appoint a local governing council to implement and oversee all aspects of the plan; provided however, that the superintendent may utilize a pre-existing council for this purpose. Districts shall provide on a quarterly basis reports to the department of early education and care on all aspects of the plan. The district and the local council shall implement the plan as approved within the period of time approved by the department. Failure to satisfactorily implement the plan within the approved period of time shall result in the termination of the plan and reversion of the grant funds to the department.
(d) The board of early education and care shall promulgate regulations to implement the provisions of this act within six months of the effective date including guidelines for membership to local governing councils in each recipient district and evaluation criteria required in the quarterly reports. A grant awarded pursuant to this subsection shall require that recipients undertake ongoing evaluations of the implementation of the plan and all its aspects.
The department of early education and care shall, subject to appropriation, establish a dedicated team to provide support, technical assistance, and oversight of programs established under this section. The department shall annually evaluate the effectiveness of programs established under this section, both for feedback and accountability for grant recipients and to inform the replication of such programs throughout the commonwealth.
SECTION 2. Chapter 70 of the general laws, as appearing in the 2018 official edition, is hereby amended by adding after Section 2 the following section:-
“Section 2A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Boards”, the board of elementary and secondary education and the board of early education and care.
“Departments”, the department of elementary and secondary education and the department of early education and care.
“Early education”, full-day education and care programming for pre-school and kindergarten-aged students.
(b) School districts in the Commonwealth may, by December 31, 2024, submit to the departments a plan to provide for ongoing access to age-appropriate early education for all students residing within the district. Such a plan shall include, where relevant and feasible, the use, expansion, and quality improvement of any previously existing public and private early education delivery systems, including those programs developed and implemented pursuant to section 13A of chapter 15D. No plan submitted to the departments pursuant to this section shall include user fees for attendance.
The Departments shall promulgate joint regulations to provide for the process of submission, review, and approval of such plans. The departments shall also promulgate joint regulations to provide for monitoring of quality and fidelity of implementation of a district’s plan and a process of probationary status and potential revocation of approval in the event of poor implementation. The departments shall provide notice of said regulations to the clerks of the House and Senate, the chairs of the joint committee on education, and the chairs of the joint committee on ways and means, at least 90 days before approval by the boards.
Districts who do not submit such a plan by the aforementioned date may submit a plan after said date. However, any such district may be prioritized after districts whose plans were received by said date.
(c) For all districts whose plan has been approved by the department, the following definition shall replace the corresponding definition in section 2 of this chapter, while all non-corresponding definitions in said section 2 shall continue to apply:-
“Pre-school enrollment”, the number of students enrolled in pre-school programs; provided, however, that in any district in which pre-school students funded by the district attend school for a full day, the foundation pre-school enrollment used to calculate the foundation enrollment, staff, and budget amounts described in this section shall be two times the number that would be otherwise used for said calculations.
SECTION 3. Section 2 of said chapter 70, as so appearing, is hereby further amended by inserting after the word “students”, in line 425, the following words:- “, to the extent that kindergarten and pre-school students in a district are attending a half-day program. If a district is operating approved full-day pre-school or kindergarten programs, students in such full-day programs shall be counted at one hundred percent of the preceding year’s actual number of low-income kindergarten and pre-school students.”
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An Act providing for the creation of a permanent commission relative to the education of American Indian and Alaska Native residents of the Commonwealth
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S318
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SD1826
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:17:55.29'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:17:55.29'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T09:45:09.8066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T13:38:49.96'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T13:38:49.96'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-08T13:38:49.96'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-07T13:09:00.94'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:38:49.96'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-13T11:52:55.01'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T15:17:11.4833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-04T17:56:54.9466667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-27T11:42:53.3633333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-23T09:18:14.1633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-20T10:40:32.2'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:55:24.6333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-09-27T10:57:24.1933333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-10-17T10:36:31.5966667'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 318) of Liz Miranda, Joanne M. Comerford, Lydia Edwards, Jack Patrick Lewis and other members of the General Court for legislation to establish a permanent commission on American Indian and Alaska Native education. Education.
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Chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 159 the following section:-
Section 159A. There shall be a permanent commission on American Indian and Alaska Native education, which shall consist of 17 persons as follows: 1 person appointed by Department of Early Education and Care, 1 person appointed by Department of Elementary and Secondary Education, 1 person appointed by Department of Higher Education, 2 persons appointed by Department of Public Health, 1 person appointed by Department of Mental Health, 1 person appointed by Department of Youth Services, 1 person appointed by Department of Veterans' Services, 1 person appointed by Division of Prevention and Wellness, 1 person appointed by Interagency Council on Housing and Homelessness, 7 persons appointed by Massachusetts Commission on Indian Affairs in consultation with tribal governments and intertribal organizations. Members of the commission shall be drawn from diverse racial, ethnic, religious, age, sexual-orientation and socio-economic backgrounds from throughout the commonwealth. Members shall be considered special state employees for purposes of chapter 268A of the General Laws. The commission shall be an independent agency of the commonwealth and shall not be subject to the control of any other department or agency.
Members shall serve terms of 2 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. Appointments shall be made in consultation with tribal governments and intertribal organizations. Nominations shall be solicited between August 1 and November 1 of each year through an open application process using a uniform application that is widely distributed throughout the state. The commission shall elect annually from among its members a chair. The chair of the commission may designate on an annual basis 1 or more commission members as vice-chairs of the commission, and may appoint on an annual basis members of the commission as chairs of advisory committees on high school education, higher education, human services and youth. The chair of the commission may create other advisory committees as needed after consultation with the commission. The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
The commission shall investigate the use of resources from both the public and private sectors to enhance and improve the ability of state agencies to provide educational opportunities and improving educational outcomes for all American Indian and Alaska Native students in order to further tribal self-determination and to help ensure that students have an opportunity to learn their heritage languages and histories and to receive complete and competitive educations that prepare them for college, careers, and productive satisfying lives. In furtherance of that responsibility, the commission shall: (1) work in partnership with the department of education and the department of public health to create school-based and community-based programs focusing on suicide prevention, violence intervention, and the promotion of zero-tolerance policies regarding harassment and discrimination against American Indians and Alaska Natives; and (2) make recommendations about policies and programs supporting American Indians and Alaska Natives on an ongoing basis to the department of education, the department of public health and the executive office of health and human services. The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and make recommendations relating to the concerns of American Indians and Alaska Natives to the governor and to the clerks of the senate and house of representatives.
The powers of the commission shall include but not be limited to the following: (1) to use voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed; (2) to recommend policies and make recommendations to agencies and officers of the commonwealth and local subdivisions of government to effectuate its purposes; (3) to select an executive director and to acquire adequate staff to perform its duties, subject to appropriation; (4) to establish and maintain offices that it considers necessary, subject to appropriation; (5) to enact by-laws for its own governance; (6) to appoint members to regional chapters of the commission; and (7) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it may consider necessary.
The commission may request from all state agencies such information and assistance as the commission may require. The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law.
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An Act relative to creating a commercial driver’s license pilot program at Madison Park technical vocational high school
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S319
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SD2303
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:24:39.173'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:24:39.1733333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-07T13:09:07.4666667'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 319) of Liz Miranda and Lydia Edwards for legislation relative to create a commercial driver’s license pilot program at Madison Park technical vocational high school. Education.
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Chapter 74 of the General Laws is hereby amended by adding the following section:
Section 59. (a) There is hereby established a pilot program known as the commercial driver’s license (CDL) program that shall be administered by Madison Park Technical Vocational High School in the city of Boston to provide training for transit driving. The program will provide classroom and off-site training.
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An Act relative to cyber incident response
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S32
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SD2404
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T16:46:20.173'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T16:46:20.1733333'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 32) of Barry R. Finegold for legislation relative to cyber incident response. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 7D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 11 the following new sections:-
Section 12. State-Level Incident Reporting and Response
(a) As used in this section and section 13, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Breach of security” shall have the same meaning as defined in section 1 of chapter 93H.
“Critical infrastructure”, the systems and assets, either physical or virtual, within the commonwealth that are so vital to the commonwealth or the United States that the incapacitation or destruction of such a system or asset would have a debilitating impact on physical security, economic security, public health or safety or any combination thereof; provided, however, that “critical infrastructure” shall include, but not be limited to, election systems, transportation infrastructure, water, gas and electric utilities.
“Cybersecurity incident”, an incident that: (i) risks or could risk the confidentiality, integrity or availability of information systems; (ii) consists of unauthorized access to, or malicious software present on, systems or assets that are so vital that the incapacity or destruction of such systems or assets would have a debilitating impact on cybersecurity, physical security, economic security, public health or public safety; and (iii) results or could result in a significant loss of data, system availability or control of systems; provided, however, that a “cybersecurity incident” shall include, but not be limited to, a breach of security, imminent threat of a breach of security or other cyber attack intended to compromise the use of an electronic system.
“Cybersecurity threat”, an action on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality or integrity of an information system or information that is stored on, processed by or transiting an information system; provided, however, that a “cybersecurity threat” does not include any action that solely involves a violation of a consumer terms-of-service agreement or consumer licensing agreement.
“Response team”, the Massachusetts Cyber Incident Response Team established pursuant to this section.
(b) There shall be established a Massachusetts Cyber Incident Response Team, the mission of which is to enhance this commonwealth’s ability to prepare for, respond to, mitigate against and recover from significant cybersecurity incidents.
(c) The response team shall consist of: (i) the secretary of the executive office of technology services and security or their designee, who shall serve as chair of the response team; (ii) a representative of the commonwealth security operations center as designated by the director of security operations; (iii) the secretary of the executive office of public safety and security or their designee; (iv) a representative of the state police cyber crime unit; (v) a representative of the commonwealth fusion center; (vi) the adjutant general of the Massachusetts National Guard or their designee; and (vii) the director of the Massachusetts emergency management agency or their designee.
(d) The response team shall review cybersecurity threat information and vulnerabilities, make informed recommendations and establish appropriate policies to manage the risk of cybersecurity incidents for all state agencies served by the executive office of technology services and security; provided, however, that such recommendations, policies and directives shall be informed by information and best practices obtained through the established information sharing network of local, state, federal and industry partners in which response team members regularly participate.
(e) The response team shall develop and maintain an updated cybersecurity incident response plan for the commonwealth and submit such plan annually for review, not later than November 1, to the governor and the joint committee on advanced information technology, the internet and cybersecurity. Said plan, which shall not be a public record pursuant to section 66, shall include, but not be limited to:
(i) ongoing and anticipated cybersecurity incidents or cybersecurity threats;
(ii) a risk analysis identifying the vulnerabilities of critical infrastructure and detailing risk-informed recommendations to address such vulnerabilities;
(iii) recommendations regarding the deployment of state agency resources and security professionals in rapidly responding to such cybersecurity incidents or cybersecurity threats; and
(iv) recommendations regarding best practices to minimize the impact of significant cybersecurity threats to agencies.
(f) In the event of a cybersecurity incident that threatens or results in a material impairment of the infrastructure or services of a state agency, the secretary of the executive office of technology services and security shall, with the approval of the governor, serve as the director of the response team; provided, however, that the secretary of the executive office of technology services and security may direct the response team to collaborate with other state agencies and entities that are not members of the response team as appropriate to respond to a cybersecurity incident.
(g) State agencies shall comply with all protocols and procedures established by the response team and all related policies, standards and administrative directives issued by the executive office of technology services and security pursuant to subsection (b) of section 3 of this chapter. The chief information officer or equivalent responsible officer for any state agency served by the executive office of technology services and security shall, as soon as practicable, report any known cybersecurity incident to the commonwealth security operations center, in a form to be prescribed by the executive office of technology services and security. The commonwealth security operations center shall notify the response team of all reported security threats or incidents as soon as practicable, but no later than 24 hours after receiving a report.
(h) The commonwealth fusion center and the commonwealth security operations center shall routinely exchange information related to cybersecurity threats and cybersecurity incidents that have been reported to or discovered by their respective state agencies or reported to the response team.
(i) The executive office of technology services and security and the response team shall consult with the Massachusetts Cyber Center and assist said center with efforts to foster cybersecurity resiliency through communications, collaboration and outreach to state agencies, municipalities, educational institutions and industry partners.
(j) Notwithstanding anything in this section to the contrary, other agencies not served by the executive office of technology services may report cybersecurity threats or cybersecurity incidents to the commonwealth security operations center in a form to be prescribed by the executive office of technology services and security.
(k) All employees of the executive agencies of the commonwealth shall be required to annually complete a security awareness training program approved by the executive office of technology services and security and administered by the human resources division.
(l) The secretary of the executive office of technology services and security shall promulgate regulations or directives to carry out the purposes of this section.
Section 13. Municipal and Critical Infrastructure Cyber Incident Reporting Requirements
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Covered entity”, any (i) agency, office, department, board, commission, bureau, division or authority of a municipality or any political subdivision thereof; or (ii) an entity that owns or operates critical infrastructure.
“Secretary”, the secretary of the executive office of public safety and security.
(b) A covered entity shall provide notice, as soon as practicable and without unreasonable delay when such covered entity knows or has reason to know of a cybersecurity incident to the commonwealth fusion center in a form to be prescribed by the secretary in consultation with the response team; provided, however, that such notice shall include, but not be limited to:
(i) a timeline of events as best known by the covered entity and the type of cybersecurity incident known or suspected;
(ii) how the cybersecurity incident was initially detected or discovered;
(iii) a list of the specific assets that have been affected or are suspected to be affected;
(iv) copies of any electronic communications that are suspected of being malicious, if applicable;
(v) copies of any malware, threat actor tool or malicious links suspected of causing the cybersecurity incident, if applicable;
(vi) any digital logs such as firewall, active directory and event logs, if available;
(vii) forensic images of random access memory or virtualized random access memory from affected systems, if available;
(viii) contact information for the covered entity and any third-party entity engaging in cybersecurity incident response that is involved; and
(ix) any other information as required by the commonwealth fusion center or secretary.
(c) Upon receipt of said notice, the representative of the commonwealth fusion center to the response team or their designee shall:
(i) create and maintain a record of the cybersecurity incident, including all information provided by the covered entity in the notice under subsection (b);
(ii) provide a copy of said record to the response team to be included in the response team’s annual cyber incident response plan required by subsection (e) of section 12; provided, however, that such copy shall not include any information identifiable to the covered entity that is not expressly necessary for the preparation of the response team’s report unless the covered entity has provided affirmative consent to share such information; and
(iii) if the covered entity is a municipality or municipal agency under clause (i) of the definition of covered entity in this section, provide notice of the cybersecurity incident to the appropriate local law enforcement agency, including the contact information of the covered entity; provided, however, that this notification shall not be construed to fulfill any of the covered entity’s reporting obligations under this chapter.
(d) Upon receipt of the notice required by subsection (b), the commonwealth fusion center may:
(i) coordinate with the response team to identify or communicate recommended response measures as appropriate; provided, however, that such recommended response measures shall not include the payment of a ransom;
(ii) assist the covered entity with implementing recommended response measures as appropriate, alone or in conjunction with: (1) any agency or entity represented in the response team; (2) any local law enforcement agency; or (3) the Massachusetts Cyber Center; and
(iii) provide, at the discretion of the secretary, information about other entities that are capable of providing mitigation and remediation support following a cybersecurity incident or in response to a cybersecurity threat.
(e) Nothing in this section shall be construed to:
(i) fulfill any regulatory data breach reporting requirements pursuant to chapter 93H; or
(ii) absolve any duty under applicable federal law to report a cybersecurity threat or cybersecurity incident to the cybersecurity and infrastructure security agency.
(f) This section shall not apply to a covered entity pursuant to clause (ii) of the definition of a covered entity that reports the cybersecurity incident to the cybersecurity and infrastructure security agency pursuant to the federal Cyber Incident Reporting for Critical Infrastructure Act of 2022 and its implementing regulations.
(g) The secretary, alone or in conjunction with the secretary of the executive office of technology services and security, shall promulgate regulations for the purposes of carrying out this section.
SECTION 2. Section 12 of chapter 7D of the General Laws, as inserted by section 1 of this act, shall take effect upon the passage of this act.
SECTION 3. Section 13 of chapter 7D of the General Laws, as inserted by section 1 of this act, shall take effect 12 months after the passage of this act.
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An Act relative to local approval for charter schools
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S320
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SD1863
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:09:44.743'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:09:44.7433333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T15:49:27.8966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S320/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 320) of Michael O. Moore and Adam Scanlon for legislation relative to local approval for charter schools. Education.
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SECTION 1. Section 89 of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “district” the following definition:-
“Local approval”, an action taken by a locally elected body to authorize local funds being allocated for a charter school, which may be approved by the following actions: by the approval of an elected school committee for each school district from which the charter school is expected to enroll students, by the approval of voters at a town meeting of each of the towns from which the charter school is expected to enroll students, or in the case of a city without an elected school committee, by a vote of the city council, by whatever title it may be known, and the Mayor.
SECTION 2. Said section 89 of said chapter 71, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding the foregoing, only commonwealth charter school applications that have received the local approval of every town or school district expected to enroll students shall be funded pursuant to the provisions of the section. Approval of an application by the board without local approval shall be funded by the board, exclusive of Chapter 70 or other local funds. Applications that have received the aforesaid local approval for a commonwealth charter school shall comply with the provisions for such submission pursuant to the applicable provisions of the section.
SECTION 3. This act shall apply only to commonwealth charter school applications submitted after the date upon which the act becomes effective.
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An Act to ensure charter school transparency and public accountability
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S321
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SD1820
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:57:19.537'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:57:19.5366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T15:56:58.47'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T15:22:24.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S321/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 321) of Susan L. Moran, Vanna Howard and James B. Eldridge for legislation to ensure charter school transparency and public accountability. Education.
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SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after Section 89 the following new section:-
Section 89A. Charter School Transparency and Public Accountability
This section shall apply to all charter schools, as defined in Section 89 of this chapter.
(a) Each charter school’s original application and charter agreement shall be available online on the websites of both the individual school and the department of elementary and secondary education.
(b) Within 2 years of a charter school’s founding, at least 50 percent of the members of each charter school governing board shall be representatives from among parents at the school, elected by parents, and, in the case of high schools, students, elected by students. Non-parent or student members of the governing board should be required to reside in the school district in which the school operates. Each charter school shall list board members with affiliations on the school’s website. Members of charter school governing boards shall file full financial disclosure reports and identify any potential conflicts of interest, relationships with management companies, or other business dealings with the school, its management company, or other charter schools. These documents shall be available online through the department.
(c) Governing boards of charter schools shall hold all meetings in the district in which their school or schools operate and at times that are convenient to parents. All meetings shall be open to the public and publicized in advance according to the same laws that apply to the local school committee, including the state open meeting law.
(d) Minutes from charter school governing board meetings, the school’s policies, information about staff, instructional strategies, curriculum, school rules and behavior codes, school budgets, and information about management companies or other large contracts shall be available online.
(e) Employees of charter schools shall be considered public employees for purposes of tort liability under chapter 258 and for collective bargaining purposes under chapter 150E. These rights must include due process rights for all school employees as a condition for receiving or renewing a charter, including that the employer must provide the employee with evidence of alleged misconduct or reason for termination and that the employer must give the employee a chance to respond to those allegations.
(f) Charter schools shall be subject to all state laws regarding freedom of information, public records, and public meetings. The board shall impose specific and escalating sanctions for schools that fail to comply with these state laws.
(g) Charter schools shall comply with state laws or district requirements on school-based parent and educator advisory councils or groups to ensure that parents, teachers, and school staff have a voice in school matters.
(h) Complete contracts for management services shall be electronically posted on the schools’ websites within ten days of execution. The posting should include detailed information about the services to be provided by the management company and all financial commitments and compensation, as well as all fees and bonuses to be provided to the management company.
(i) Charter management organizations shall provide full public financial disclosure of their expenditures and profits related to the operation of each school they serve.
(j) Any person with a financial relationship to a charter management organization shall be prohibited from serving on the governing board of any charter school.
(k) The charter school governing board, and not the charter management company, shall directly select, retain, and compensate the school attorney, accountant, and auditing firm.
(l) Charter schools shall be prohibited from utilizing enrollment and registration procedures that directly or indirectly exclude or discourage certain students from enrolling at the school.
(m) The department shall monitor charter school enrollment and retention practices through uniform and consistent data requirements to ensure that charter schools are enrolling a proportionate share of students across subgroups.
(n) An independent ombudsman office shall be created within the department to allow parents to challenge or appeal enrollment, student classification, or withdrawal decisions by the charter school. The ombudsman’s office shall have the authority to take action against any charter school found to be in violation of a law or regulation.
(o) The department shall establish a charter student identification system that allows the department to track charter student mobility during the course of the school year.
(p) Each charter school shall provide documentation and reporting of student attrition throughout the school year, including date of leaving, reason for leaving, and where the student is now attending school. Reports shall also include all disciplinary actions, including both in- and out-of-school suspensions and referrals to law enforcement, and voluntary and involuntary exits, disaggregated by race or ethnicity, gender, age, grade level, free or reduced meal status, disability status, and English proficiency status.
(q) Before any student withdraws from a charter school, the student, his or her parent or guardian, and school personnel shall sign a document stating that the student is withdrawing voluntarily and that charter school personnel have not prohibited, discouraged, or attempted to discourage the student from continued enrollment in the charter school.
(r) Per pupil funding, provided to schools based on their enrollment, shall be adjusted throughout the school year to accommodate changes in enrollment due to mobility.
(s) Every charter school shall make its school discipline policy publicly available on the school’s website, so that parents can thoroughly review the policy before enrolling their child. All charter discipline policies should include explicit provisions regarding due process for students, including the right to a hearing before long-term removal, suspension, expulsion, disciplinary or safety transfers, or alternative school placements, as well as parental appeals and notification rights.
(t) Charter schools shall report annually on all disciplinary actions and withdrawals from the school, including the reason for the student’s departure, suspension, or other action and the statement that documentation of due process rights was available. These data shall be disaggregated by race and ethnicity, gender, age, grade level, free and reduced meal status, disability status, and English proficiency status.
(u) The board shall establish standards for charter school disciplinary codes, expressly identifying and defining inappropriate strategies and barring their use and shall ensure that individual charter school discipline policies and practices are promulgated and implemented to avoid discriminatory and/or disproportionate punishments of students based on race, gender, or other characteristics and are consistent with federal school discipline laws and guidance.
(v) The board shall establish minimum qualifications for charter school treasurers.
(w) Legal services, accounting and financial auditing services provided to a charter school shall be independent of any education management company employed by the governing board of the charter school.
(x) Charter school financial documents shall be made available to the public annually on the websites of the school, the department, and any management company. These documents should include a comprehensive statement of revenues, financial and in-kind donations, state and local funding, New Market Tax Credits, bond issuances, and any and all additional funds or debt service connected to the operation of the school and/or network of schools.
(y) Charter schools shall report on administrative expenses and publish reports on expenses incurred for student recruitment and marketing.
(aa) Charter schools shall document and publicly disclose the owners of any non-public property used to house a charter school, along with documentation of the amount of rent being paid for the facility, to whom payments are being made and verification that there are no conflicts of interest between the school and the holder of the property.
(bb) All vendor or service contracts over $25,000 at any charter school should be available as public information on the department's website.
(cc) Governing charter school board members, administrators, parents, students, educators, school staff, and community members shall be protected from retaliation for whistleblowing.
(dd) The board shall promulgate regulations for implementation and enforcement of this section.
SECTION 2.
(a) The Department of Elementary and Secondary Education (hereinafter, the Department) shall gather all charter school waitlist information required by law, including student addresses, telephone numbers, and birthdates, in order to develop and maintain accurate consolidated waitlists. If the Department determines that privacy/child protection considerations warrant special security measures to protect statutorily mandated information, it shall enhance its data privacy protection measures.
(b) The Department shall develop options for more efficient and accurate waitlist processing, which may include the use of a single consolidated waitlist at the Department with a standardized software system developed and distributed by the Department for use in processing online applications for families wishing to enroll a child in a charter school.
(c) The Department shall routinely conduct verification of charter school waitlist information.
(d) In collaboration with charter and district schools, the Department shall establish detailed guidance regarding standards and expectations for the development, dissemination, and replication of innovative programs and best practices.
(e) During the charter renewal process, the Department shall ensure that charter schools meet all the requirements for the development of innovative programs and best practices and shall establish corrective action requirements for charter schools that do not effectively fulfill this statutory purpose.
(f) The Department shall develop policies and procedures for the verification of charter schools’ reported data. Such procedures shall include a program of on-site data verification as well as a system to ensure that corrective action is taken when problems are identified. DESE should continually adjust its data verification and data quality programs to reflect common data issues that are uncovered.
(g) The Department shall consistently apply its performance criteria in the charter renewal process, including requiring schools to meet the measures of success shown in their Accountability Plans.
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Resolve creating a special commission to study classroom temperatures
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S322
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SD329
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:49:43.057'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:49:43.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S322/DocumentHistoryActions
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Resolve
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By Mr. O'Connor, a petition (accompanied by resolve, Senate, No. 322) of Patrick M. O'Connor that provisions be made for an investigation and study by a special commission (including members of the General Court) to study minimum and maximum allowable air temperatures in public school classrooms and facilities. Education.
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Resolved, that notwithstanding any special or general law to the contrary there shall be a special commission to study the regulation of minimum and maximum allowable air temperatures in public school classrooms and facilities, as well as any relevant statistics on the number of air-conditioned public schools in Massachusetts, the impact of indoor air quality on children, including, but not limited to, children with respiratory conditions or special needs, and the Commonwealth’s state funding and bidding processes for installing air conditioning and heating upgrades in public schools.
The special commission shall consist of: the secretary of the executive office of education, or their designee, who shall serve as chair; the commissioner of the department of elementary and secondary education, or their designee; the commissioner of the department of public health, or their designee; the executive director of the Massachusetts School Building Authority; a representative of the Massachusetts Teachers Association; a representative of the Massachusetts Association of School Committees; a representative of the Massachusetts Parent Teacher Association; two teachers, selected by the Massachusetts Teachers Association, who have experienced difficulties with classroom temperatures; a school nurse, selected by the Massachusetts School Nurse Organization; the president of the Massachusetts Association of School Superintendents, or their designee; two members of the House of Representatives, one of whom to be appointed by the Speaker of the House of Representatives, and the other to be appointed by the minority leader; two members of the Senate, one of whom to be appointed by the President of the Senate, and the other to be appointed by the minority leader. The chair shall commence first meeting of the commission not later than December 1, 2024.
The special commission shall submit its findings and recommendations, together with drafts of any legislation, to the clerks of the House of Representatives and the Senate and the chairs of the joint committee on education not later than December 1, 2025.
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An Act creating a school resource officer grant program and fund
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S323
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SD482
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:21:13.137'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:21:13.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S323/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 323) of Patrick M. O'Connor for legislation to create a school resource officer grant program and fund. Education.
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Chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following section: -
Section 37. School Resource Officer Grant Program
(a) From the funds appropriated for such purpose and from the gifts, donations, grants, bequests, and other funds received on its behalf, there is established (1) the School Resource Officer Grant Program, to be administered by the board, in consultation with the Board of Education, and (2) a special nonreverting fund within the state treasury known as the School Resource Officer Incentive Grant Program, hereinafter known as the fund. Any monies remaining in the fund at the end of the legislative session shall not revert to the General Fund, but shall remain in the fund. Interest earned on such funds shall remain in the fund and be credited to it.
Subject to the authority of the board to provide for its disbursement, the fund shall be disbursed to award matching grants to local law enforcement agencies and local school boards that have established a collaborative agreement to employ uniformed school resource officers, as defined in subsection (b) of this section 37, in middle and high schools within the relevant school division. The board may disburse annually up to five percent of the fund for training of the school resource officers. School resource officers shall be certified law enforcement officers and shall be employed to help ensure safety, to prevent truancy and violence in schools, and to enforce school board rules and codes of student conduct.
(b) The board, in consultation with the commissioner and the Department on Public Safety, shall establish criteria for making grants from the fund, including procedures for determining the amount of a grant and the required local match. Any grant or general funds shall be matched by the locality on the basis of the locality’s ability to pay. The board may adopt guidelines governing the program and the employment and duties of the school resource officers as it deems necessary and appropriate.
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An Act relative to accommodations for special needs students taking the MCAS examination
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S324
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SD483
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:23:00.767'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:23:00.7666667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 324) of Patrick M. O'Connor for legislation relative to accommodations for special needs students taking the MCAS examination. Education.
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The fourth paragraph of section 1I of chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after the word “needs”, in line 48, the following words:- and such children shall be afforded the same accommodation each uses or requires in the classroom throughout the year.
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An Act relative to the screening of prospective school employees for prior investigations into child abuse or sexual misconduct
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S325
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SD484
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:23:41.847'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:23:41.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S325/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 325) of Patrick M. O'Connor for legislation relative to the screening of prospective school employees for prior investigations into child abuse or sexual misconduct. Education.
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SECTION 1. Chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after Section 38R the following new section:-
Section 38R1/2. Screening of prospective school employees for prior investigations into child abuse or sexual misconduct.
For the purposes of this section, the following definitions shall apply:-
“Child abuse” means the non-accidental commission of any act by a caregiver which causes or creates a substantial risk of physical or emotional injury or sexual abuse of a child or student; or the victimization of a child or student through sexual exploitation, regardless if the person responsible is a caretaker.
“Sexual misconduct” means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a student.
(A) A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall not employ for pay or contract for the paid services of any person serving in a position which involves regular contact with students unless the school district, charter school, nonpublic school, or contracted service provider:
i. Requires the applicant to provide:
(1) A list, including name, address, telephone number and other relevant contact information of the applicant’s:
(a.) current employer;
(b.) all former employers within the last 20 years that were schools; and
(c.) all former employers within the last 20 years where the applicant was employed in a position that involved direct contact with children; and
(2) A written authorization that consents to and authorizes disclosure of the information requested under subsection b. of this section and the release of related records by the applicant’s employers listed under paragraph (1) of this subsection, and that releases those employers from liability that may arise from the disclosure or release of records;
(3) A written statement as to whether the applicant:
(a.) has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Division of Child Protection and Permanency in the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(b.) has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(c.) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; and
(3) Conducts a review of the employment history of the applicant by contacting those employers listed by the applicant under the provisions of paragraph (1) of subsection (a) of this section and requesting the following information:
(a.) The dates of employment of the applicant; and
(b.) A statement as to whether the applicant:
(1) was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Division of Child Protection and Permanency in the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(2) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(3) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
The review of the employment history may be conducted through telephonic, electronic, or written communications. If the review is conducted by telephone, the results of the review shall be documented in writing by the prospective employer.
(B) An applicant who willfully provides false information or willfully fails to disclose information required in subsection (ii)(a.) of this act:
(1) shall be subject to discipline up to, and including, termination or denial of employment; and
(2) may be subject to a monetary fine of not more than $500
A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall include a notification of the penalties set forth in this section on all applications for employment for positions which involve regular contact with students.
(C) No later than 20 days after receiving a request for information under subsection (A) of this act, an employer that has or had an employment relationship within the last 20 years with the applicant shall disclose the information requested on a standardized form developed by the Department of Education.
The prospective employer, in conducting the review of the employment history of an out-of-State applicant, shall make, and document with specificity, diligent efforts to:
(1) verify the information provided by the applicant pursuant to subsection (A) of this act; and
(2) obtain from any out-of-State employers listed by the applicant the information requested pursuant to subsection (A) of this act.
The failure of an employer to provide the information requested pursuant to subsection (A) of this act within the 20 day timeframe may be grounds for the automatic disqualification of an applicant from employment with a school district, charter school, nonpublic school, or contracted service provider. A school district, charter school, nonpublic school, or contracted service provider shall not be liable for any claims brought by an applicant who is not offered employment or whose employment is terminated:
(1) because of any information received by the school district, charter school, nonpublic school, or contracted service provider from an employer pursuant to section (A) of this act; or
(2) due to the inability of the school district, charter school, nonpublic school, or contracted service provider to conduct a full review of the applicant’s employment history pursuant to subsection (A)(ii) of this act.
A school district, charter school, nonpublic school, or contracted service provider shall have the right to immediately terminate an individual’s employment or rescind an offer of employment if:
(1) the applicant is offered employment or commences employment with the school district, charter school, nonpublic school, or contracted service provider following the effective date of this act; and
(2) information regarding the applicant’s history of sexual misconduct or child abuse is subsequently discovered or obtained by the employer that the employer determines disqualifies the applicant or employee from employment with the school district, charter school, nonpublic school, or contracted service provider.
The termination of employment pursuant to this subsection may be subject to appeal.
(D) After reviewing the information disclosed under subsection (A) of this act and finding an affirmative response to any of the inquiries, the prospective employer, prior to determining to continue with the applicant’s job application process, shall make further inquiries of the applicant’s current or former employer to ascertain additional details regarding the matter disclosed.
A school district, charter school, nonpublic school, or contracted service provider may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review by the school district, charter school, nonpublic school, or contracted service provider of information received pursuant to subsection (A) of this act, provided that all of the following conditions are satisfied:
(1) the applicant has complied with subsection (A) of this act;
(2) the school district, charter school, nonpublic school, or contracted service provider has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to this act; and
(3) the school district, charter school, nonpublic school, or contracted service provider determines that special or emergent circumstances exist that justify the temporary employment of the applicant.
(E) Information received by an employer under this act shall not be deemed a public record.
An employer, school district, charter school, nonpublic school, school administrator, or contracted service provider that provides information or records about a current or former employee or applicant shall be immune from criminal and civil liability for the disclosure of the information, unless the information or records provided were knowingly false. The immunity shall be in addition to and not in limitation of any other immunity provided by law.
(F) On or after the effective date of this act, a school district, charter school, nonpublic school, or contracted service provider may not take any action that:
(1) has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;
(2) affects the ability of the school district, charter school, nonpublic school, or contracted service provider to report suspected child abuse or sexual misconduct to the appropriate authorities; or
(3) requires the school district, charter school, nonpublic school, or contracted service provider to expunge information about allegations or finding of suspected child abuse or sexual misconduct from any documents maintained by the school district, charter school, nonpublic school, or contracted service provider, unless after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.
Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into after the effective date of this act and that is contrary to this section shall be void and unenforceable.
(G) The Department of Education shall establish a public awareness campaign to publicize the provisions of this act and to ensure applicants and employers are aware of their respective rights and responsibilities under this act. The department shall post on its website guidance documents and any other informational materials that may assist applicants and employers in the implementation of and compliance with this act.
The department shall develop forms for applicants and employers that may be used to comply with the requirements of subsection (A) of this act, as well as any other forms necessary to carry out the provisions of this act.
SECTION 2. This act shall take effect 120 days following its passage.
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[]
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An Act to improve augmentative and alternative communication opportunities for children with disabilities
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S326
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SD1093
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:18:43.863'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:18:43.8633333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-08T10:34:10.7'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T10:34:10.7'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-09T14:17:36.59'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T10:49:31.1766667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T15:23:22.8733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-24T11:17:29.4733333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-24T11:17:29.4733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-24T11:17:19.9933333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-28T12:01:33.07'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:42:16.2566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:15:30.3633333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:46:25.3033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:05:31.71'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:22:52.5266667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 326) of Patrick M. O'Connor, Brian M. Ashe, Vanna Howard, Anne M. Gobi and other members of the General Court for legislation to improve augmentative and alternative communication opportunities for children with disabilities. Education.
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Notwithstanding any general or special law, rule, or regulation to the contrary, the board of elementary and secondary education shall repromulgate 603 CMR 7.03(3) as necessary to establish the requirement that all approved programs for teachers include instruction on the appropriate use of augmentative and alternative communication and other assistive technologies; provided further the board may require that individual professional development plans required by section 38G of chapter 71 address the learning needs of students who are nonverbal or have limited speech requiring augmentative and alternative communication.
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An Act requiring financial education in schools
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S327
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SD1451
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:27:53.32'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:27:53.32'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-19T16:28:16.3'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T10:17:57.96'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:14:55.7466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-11T10:39:59.4433333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T15:34:15.9566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:27:35.86'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-10-17T12:11:20.8'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S327/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 327) of Patrick M. O'Connor and Deborah B. Goldberg, Treasurer and Receiver General for legislation to require financial education in schools. Education.
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SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section RRRRR. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Financial Literacy Trust Fund. The fund shall be administered by the commissioner of elementary and secondary education. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further financial education and professional development. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) Annually, not later than October 1, the commissioner shall report to the clerks of the house of representatives and senate, the joint committee on education and the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including but not limited to, funds expended to assist school districts in implementing financial literacy (iii) any grants provided to institutions of higher education and other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.
SECTION 2. Section 1R of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subparagraph (b) by striking out the word “may” and inserting in place thereof the following word:- shall.
SECTION 3. Section 1 and section 2 of this act shall take effect one full academic year from enactment.
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An Act relative to student financial literacy
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S328
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SD1452
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:31:00.517'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:31:00.5166667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-27T10:02:24.9066667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 328) of Patrick M. O'Connor and Ryan C. Fattman for legislation relative to student financial literacy. Education.
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SECTION 1. Section 1Q of Chapter 69 of the General Laws, as so appearing, is hereby amended by striking paragraph (b) and replacing it with the following:-
(b) A school district, charter school, approved private day or residential school or collaborative school shall incorporate the financial literacy standards established pursuant to section 1D and subsection (a) into existing curriculum including, but not limited to, mathematics, history and social sciences, technology or business.
SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following new section:-
Section 98. (a) In all public schools, financial literacy shall be taught as required subjects to promote an understanding of personal finances and financial stability. Instruction shall include (i) loans; (ii) interest and interest accrual; (iii) credit card debt; (iv) online commerce; (v) rights and responsibilities of renting or buying a home; (vi) saving, investing and planning for retirement; (vii) the role of banking and financial services; (viii) balancing a checkbook; (ix) state and federal taxes; (x) charitable giving; (xi) evaluating media content, including online content, that relates to personal finance matters; and (xii) saving, investing and planning for higher education or professional training.
SECTION 3. The department may apply for federal, state or other funding, including funding available through the Economic Empowerment Trust Fund established pursuant to section 35QQ of chapter 10 to implement the provisions of this section.
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An Act providing opportunity for youth with substance use disorder
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S329
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SD2298
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T15:18:16.177'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T15:18:16.1766667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-06T11:53:54.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S329/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 329) of Patrick M. O'Connor and David F. DeCoste for legislation to prove opportunity for youth with substance abuse needs. Education.
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SECTION 1. Section 91 of said chapter 71, as appearing in the 2018 Official Edition, is hereby amended by adding the following subsection:- (f) For the purposes of transportation reimbursements only, a recovery high school shall be considered a regional school, subject to appropriation.
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An Act establishing a commission on automated decision-making by government in the commonwealth
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S33
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SD996
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:28:16.98'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:28:16.98'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:02:21.0333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:13:44.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S33/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 33) of Jason M. Lewis and Michael O. Moore for legislation to establish a commission on automated decision-making by government in the commonwealth. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 7D of the General Laws, as amended by chapter 64 of the acts of 2020, is hereby further amended by inserting after section 10 the following new section:-
Section 11. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Algorithm”, a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.
“Artificial intelligence”, computerized methods and tools, including but not limited to machine learning and natural language processing, that act in a way that resembles human cognitive abilities when it comes to solving problems or performing certain tasks.
“Automated decision system”, any computer program, method, statistical model, or process that aims to aid or replace human decision-making using algorithms or artificial intelligence. These systems can include analyzing complex datasets about human populations and government services or other activities to generate scores, predictions, classifications, or recommendations used by agencies to make decisions that impact human welfare.
“Commonwealth of Massachusetts or “Massachusetts office”, any agency, constitutional office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose.
“Identified group characteristic", age, race, creed, color, religion, national origin, gender, disability, sexual orientation, marital status, veteran status, receipt of public assistance, economic status, location of residence, or citizenship status.
“Source code”, the structure of a computer program that can be read and understood by people.
“Training data”, the data used to inform the development of an automated decision system and the decisions or recommendations it generates.
(b) There shall be a commission within the executive office of technology services and security for the purpose of studying and making recommendations relative to the use by the commonwealth of automated decision systems that may affect human welfare, including but not limited to the legal rights and privileges of individuals. The commission shall evaluate government use of automated decision systems in the commonwealth and make recommendations to the legislature regarding appropriate regulations, limits, standards and safeguards. The commission shall:
(i) undertake a complete and specific survey of all uses of automated decision systems by the commonwealth of Massachusetts and the purposes for which such systems are used, including but not limited to:
(a) the principles, policies, and guidelines adopted by specific Massachusetts offices to inform the procurement, evaluation, and use of automated decision systems, and the procedures by which such principles, policies, and guidelines are adopted;
(b) the training specific Massachusetts offices provide to individuals using automated decision systems, and the procedures for enforcing the principles, policies, and guidelines regarding their use;
(c) the manner by which Massachusetts offices validate and test the automated decision systems they use, and the manner by which they evaluate those systems on an ongoing basis, specifying the training data, input data, systems analysis, studies, vendor or community engagement, third-parties, or other methods used in such validation, testing, and evaluation;
(d) matters related to the transparency, explicability, auditability, and accountability of automated decision systems in use in Massachusetts offices, including information about their structure; the processes guiding their procurement, implementation and review; whether they can be audited externally and independently; and the people who operate such systems and the training they receive;
(e) the manner and extent to which Massachusetts offices make the automated decision systems they use available to external review, and any existing policies, laws, procedures, or guidelines that may limit external access to data or technical information that is necessary for audits, evaluation, or validation of such systems; and
(f) procedures and policies in place to protect the due process rights of individuals directly affected by Massachusetts offices’ use of automated decision systems, including but not limited to public disclosure and transparency procedures;
(ii) consult with experts in the fields of machine learning, algorithmic bias, algorithmic auditing, and civil and human rights;
(iii) examine research related to the use of automated decision systems that directly or indirectly result in disparate outcomes for individuals or communities based on an identified group characteristic;
(iv) conduct a survey of technical, legal, or policy controls to improve the just and equitable use of automated decision systems and mitigate any disparate impacts deriving from their use, including best practices, policy tools, laws, and regulations developed through research and academia or proposed or implemented in other states and jurisdictions;
(v) examine matters related to data sources, data sharing agreements, data security provisions, compliance with data protection laws and regulations, and all other issues related to how data is protected, used, and shared by agencies using automated decision systems, in Massachusetts and in other jurisdictions;
(vi) examine matters related to automated decision systems and intellectual property, such as the existence of non-disclosure agreements, trade secrets claims, and other proprietary interests, and the impacts of intellectual property considerations on transparency, explicability, auditability, accountability, and due process; and
(vii) examine any other opportunities and risks associated with the use of automated decision systems by Massachusetts offices.
(c) The commission shall consist of the secretary of technology services and security or the secretary’s designee, who shall serve as chair; 1 member of the Senate, designated by the Senate president; 1 member of the house of representatives, designated by the speaker of the house of representatives; the house and senate chairs of the joint committee on state administration and regulatory oversight; the chief justice of the supreme judicial court or a designee; the attorney general or a designee; the state auditor or a designee; the inspector general or a designee; the secretaries of the Executive Office of Public Safety and Security, and Executive Office of Health and Human Services, or their designees; the Commissioner of the Department of Children and Families, or their designee; the chief counsel of the committee for public counsel services or a designee; the chief legal counsel of the Massachusetts Bar Association or a designee; the executive director of the American Civil Liberties Union of Massachusetts or a designee; 6 representatives from academic institutions in the Commonwealth who shall be experts in (i) artificial intelligence and machine learning, (ii) data science and information policy, (iii) social implications of artificial intelligence and technology; or (iv) technology and the law, 3 to be appointed by the House Chair and 3 to be appointed by the Senate Chair of the joint committee on advanced information technology and cybersecurity; the executive director of the Massachusetts Law Reform Institute or a designee; 1 representative from the National Association of Social Workers; 1 representative from the NAACP; 5 representatives from the Massachusetts Technology Collaborative; and 1 representative from the Massachusetts High Technology Council.
(d) Members of the commission shall be appointed within 45 days of the effective date of this act. The commission shall meet at the call of the chair based on the commission’s workload but not fewer than 10 times per calendar year. The commission shall hold at least one public hearing to solicit feedback from Massachusetts residents and other interested parties. The commission’s meetings shall be broadcast over the internet.
(e) The commission shall submit an annual report by December 31 to the governor, the clerks of the house of representatives and the senate, and the joint committee on advanced information technology and cybersecurity. The report will be a public record and it shall include, but not be limited to:
(i) a description of the commission’s activities and any community engagement undertaken by the commission;
(ii) the commission's findings, including but not limited to the publication of a list of all automated decision systems in use in Massachusetts offices, the policies, procedures, and training guidelines in place to govern their use, and any contracts with third parties pertaining to the acquisition or deployment of such systems; and
(iii) any recommendations for regulatory or legislative action, including but not limited to the following:
(a) recommendations about areas where Massachusetts offices ought not to use automated decision systems;
(b) recommendations about whether and how existing state laws, regulations, programs, policies, and practices related to the use of automated decision systems should be amended to promote racial and economic justice, equity, fairness, accountability, and transparency;
(c) recommendations for the development and implementation of policies and procedures that may be used by the state for the following purposes:
(i) to allow a person affected by a rule, policy, or action made by, or with the assistance of, an automated decision system, to request and receive an explanation of such rule, policy, or action and the basis therefor;
(ii) to determine whether an automated decision system disproportionately or unfairly impacts a person or group based on an identified group characteristic;
(iii) to determine prior to or during the procurement or acquisition process whether a proposed agency automated decision system is likely to disproportionately or unfairly impact a person or group based on an identified group characteristic;
(iv) to address instances in which a person or group is harmed by an agency automated decision system if any such system is found to disproportionately impact a person or group on the basis of an identified group characteristic; and
(v) to make information publicly available that, for each automated decision system, will allow the public to meaningfully assess how such system functions and is used by the state, including making technical information about such system publicly available.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J33', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J33'}, 'Votes': []}]
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An Act relative to student transportation
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S330
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SD405
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-14T13:01:54.66'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-14T13:01:54.66'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:41:05.11'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:02:33.33'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T14:07:29.68'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-03-02T14:46:48.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S330/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 330) of Jacob R. Oliveira, Adam Scanlon, Vanna Howard, Jason M. Lewis and others for legislation relative to student transportation. Education.
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SECTION 1. Section 7C of Chapter 71 of the General Laws is hereby repealed.
SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after Section 7C, the following new section:-
Section 7B 1/2. The department of elementary and secondary education shall maintain a registry of all vendors providing school transportation services.
SECTION 3. Chapter 71 of the General Laws is hereby amended by inserting after Section 68, the following new section:-
Section 68A. A school district shall provide all parents and guardians of students the opportunity to decline school transportation on an annual basis. Such offers shall be made not less than 30 days prior to the start of the academic year.
Should a parent or guardian of a student decline transportation for their student, the school district shall not be obligated to provide transportation to said student for said academic year as designated by the parent or guardian.
SECTION 4. Chapter 71 of the General Laws is hereby amended by inserting after Section 16C, the following new section:-
Section 16C ½. A regional school district shall provide all parents and guardians of students the opportunity to decline school transportation on an annual basis. Such offers shall be made not less than 30 days prior to the start of the academic year.
Should a parent or guardian of a student decline transportation for their student, the regional school district shall not be obligated to provide transportation to said student for said academic year as designated by the parent or guardian.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education, in consultation with the department of transportation, shall conduct a study of student transportation collaboratives and consortiums. Said study shall examine what school districts would be best served by implementing a collaborative or consortium and how such a collaborative or consortium could be implemented in a district. The department shall file its report with the chairs of the joint committee on education, the chairs of the joint committee on transportation, the chairs of the house and senate committees on ways & means, and the house and senate clerks on or before July 1, 2024.
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An Act providing school building assistance for Special Education Collaboratives
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S331
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SD1057
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T19:43:36.617'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T19:43:36.6166667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-03-31T12:05:13.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S331/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 331) of Jacob R. Oliveira for legislation to provide school building assistance for Special Education Collaboratives. Education.
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Section 2 of Chapter 70B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the following phrase:-
“Eligible applicant”, a city, town, regional school district or independent agricultural and technical school.
And inserting in place thereof the following:-
“Eligible applicant'', a city, town, regional school district or independent agricultural, technical school and Collaborative.
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[]
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[]
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Resolve relative to the long-term fiscal health and sustainability of special education in the Commonwealth
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S332
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SD1421
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T15:57:18.983'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T15:57:18.9833333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T15:57:19.03'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T09:22:27.1533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:25:43.0466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-03T11:27:43.4833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T09:23:52.3066667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T10:55:19.16'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T15:47:51.6'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:23:14.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S332/DocumentHistoryActions
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Resolve
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By Mr. Oliveira, a petition (accompanied by resolve, Senate, No. 332) of Jacob R. Oliveira, Adam Scanlon, Lydia Edwards, Patrick M. O'Connor and other members of the General Court that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to the long-term fiscal health and sustainability of special education in the Commonwealth. Education.
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Resolved, there shall be a special commission to study Chapter 71B and make recommendations toward the long-term fiscal health and sustainability of Special Education throughout the Commonwealth, and make recommendations to consider all matters pertaining to the improvement of fiscal health and educational outcomes. The commission shall examine the impact and efficacy of special education programs in the Commonwealth.
The special commission shall consist of the house chair of the joint committee on education or designee, the senate chair of the joint committee on education or designee, the commissioner of education or designee, one member of the house of representatives to be appointed by the speaker, one member of the senate to be appointed by the senate president, and six members to be appointed by the governor, one of whom shall be a representative of the Massachusetts administrators for special education, one of whom shall be a representative of the Massachusetts association of school committees, one of whom shall be a representative of the Massachusetts association of school superintendents, one of whom shall be a member of a local parents' advisory council, one of whom shall be a representative of the Massachusetts school psychologists association, one of whom shall be a representative of the Massachusetts elementary school principals association.
Said special commission shall:
(i) examine the universe of students eligible for said programs as well as educational programs and finances of school districts and municipalities;
(ii) perform a comparative analysis of the number of children receiving special education and the costs of these services in the Commonwealth;
(iii) examine current transportation services for children receiving special education and alternatives available to reduce costs, increase efficiency and improve the quality of said services;
(iv) examine ways to increase coordination among school districts for the provision of higher quality cost-effective services, including the regionalization of special education programs;
(v) examine the system of evaluating, placing, and monitoring students receiving special education, including out-of-district placements;
(vi) examine the system of appeals and monitoring of school district compliance with state and federal special education laws administered by the department of education;
(vii) examine the cost trends to local and regional school districts of providing special education services, the capacity of said districts to fund such services within the resources required or made available by chapter seventy of the General Laws and the effects of said services on the programmatic and fiscal planning and educational accomplishments of said districts; and
(viii) study issues surrounding the classroom discipline of children with special needs, including the impact, if any, of proposed or enacted federal laws relative to said issues, and identify modifications to laws and regulations of the commonwealth that would be necessary to comply with said proposed or enacted federal law changes.
Said special commission shall report to the house and senate committees on ways and means the results of its study, and recommendations for implementing findings, by filing the same with the clerks of the house of representatives and senate and the joint committee on education on or before January 1, 2024.
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An Act relative to prescription opioid abuse prevention education
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S333
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SD1567
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:51:44.94'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:51:44.94'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T09:38:54.1133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S333/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 333) of Jacob R. Oliveira and Sal N. DiDomenico for legislation relative to prescription opioid abuse prevention education. Education.
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Section 1 of chapter 71 of the general laws, as so appearing in the 2020 edition, is hereby amended by inserting after the word “violence”, in line 22, the following words:- “, prescription opioid abuse prevention, with an emphasis on the prescription drug epidemic and the connection between prescription opioid abuse and addiction to other drugs, such as heroin,”.
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An Act expanding high school student access to earn industry recognized credentials
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S334
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SD1574
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:55:39.35'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:55:39.35'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-19T17:55:39.3833333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T13:27:58.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S334/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 334) of Jacob R. Oliveira, Jeffrey N. Roy and Michael J. Barrett for legislation to expand high school student access to earn industry recognized credentials. Education.
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SECTION 1. Chapter 69 of the General laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:-
Section 37.
Section 1. (a) As used in this section, “Executive Office” shall mean the Executive Office of Labor and Workforce Development.
(b) As used in this section, “Department” shall mean the Department of Elementary and Secondary Education.
(c) As used in this section, “employment value” is an assessment of the value of a particular occupation based on the entry wage, growth rate in employment for such occupation, and average annual openings for such occupation.
Section 2. (a) The Executive Office shall provide the Department annually with a list of occupations in high need of additional skilled employees that either requires an industry-recognized certification, or for which such a certification will materially enhance a job applicant’s chances for employment and/or compensation. The Executive Office shall rank the list based on employment value. The top 20% of the list shall be deemed occupations of high employment value, provided, however, that no occupation shall be included on the list if it leads to an occupation with wages less than 70% of the average annual wage in the commonwealth unless the certification for such an occupation is stackable to another industry certification and is required for the next level of occupation, which does meet the 70% wage criterion.
(b) The Department shall make the current list available to all school districts in the Commonwealth and to the public on the Department’s website.
Section 3. (a) Subject to appropriation, the Department shall pay each school district a certification award calculated as follows:
(i) $750 for each student in the district who earns an industry-recognized certification for an occupation that has high employment value or an industry recognized certification that is recognized by any public institution of higher learning in the commonwealth as a basis for academic credit in such institution.
(ii) $600 for each student in the district who earns an industry-recognized certification that does not meet the criteria of the previous paragraph but addresses regional demands identified by the local MassHire Workforce Board.
The school district receiving a certification award must allocate at least 80% of any certification award to the school whose students obtained the qualifying certification. The allocation may not be used to supplant funds otherwise provided for the basic operation of the school. The school receiving a certification award must use the award to support or maintain the program, including the payment of stipends for instructors and the subsidization of fees for low-income students to obtain the certification.
(b) Subject to appropriation, the Department may pay a certification development award to a school district to support the development of programs to assist students in obtaining industry-recognized certifications described in subsection 3(a)(i). School districts may use a certification development award to develop instructors able to prepare students to obtain certification, to obtain equipment and other instructional materials to be used for such preparation, or any other purpose directly related to developing programs to assist students in obtaining a qualifying certification.
Section 4. The Department shall each year prepare an annual report on the progress made under this section including:
(a) The number of public school students who are seeking certifications for high demand occupations, identifying the number of such students who are low-income, ELL and/or SPED.
(b) The certifications earned by such students, including the number of each such certifications earned.
(c) An analysis of the extent, if any, to which the funding provided for the program during the year was insufficient to make the awards under section 3.
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An Act to increase special education circuit breaker reimbursement from 75% to 90%
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S335
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SD1783
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T20:30:17.49'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T20:30:17.49'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T21:25:20.0066667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T11:06:15.29'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-03T11:27:17.04'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T09:24:05.3333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-09T14:18:26.15'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T10:55:30.22'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:23:24.98'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-10-10T14:01:47.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S335/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 335) of Jacob R. Oliveira, Michael P. Kushmerek, Adam Scanlon, Rebecca L. Rausch and other members of the General Court for legislation to increase special education circuit breaker reimbursement from 75% to 90%. Education.
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Section 5A of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in subsection (c), the number “75”, and inserting in place thereof the number “90”.
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[]
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An Act to special education transportation reimbursement from 75% to 90%
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S336
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SD1785
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T21:27:37.23'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T21:27:37.23'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T21:27:37.26'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:41:28.0866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S336/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 336) of Jacob R. Oliveira, Michael P. Kushmerek and Adam Scanlon for legislation to special education transportation reimbursement from 75% to 90%. Education.
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SECTION 1. Section 5A of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in subsection (c) the words “and transportation”.
SECTION 2: Section 5A of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “threshold.” , the following: Transportation costs shall be reimbursed at 90%.
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An Act relative to adjusting approved costs threshold
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S337
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SD1786
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T21:30:25.677'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T21:30:25.6766667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T21:30:25.69'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-03T11:27:00.8066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T09:24:18.5833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-09T14:18:14.69'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-10T10:15:44.7166667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T10:55:44.35'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:23:36.36'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-10-10T13:30:12.2466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S337/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 337) of Jacob R. Oliveira, Michael P. Kushmerek, Rebecca L. Rausch, Carmine Lawrence Gentile and other members of the General Court for legislation relative to adjusting approved costs threshold. Education.
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Section 5A of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in subsection (a), after “Approved Costs Threshold”, the number “$45,793”, and inserting in place thereof the number “$37,120”
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[]
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An Act to promote the inclusion of American Sign Language in the Commonwealth’s public schools
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S338
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SD2057
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T12:36:33.373'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T12:36:33.3733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-20T12:36:33.4066667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T09:21:49.6533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:09:36.72'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:08:41.9933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T15:04:57.8033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S338/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 338) of Jacob R. Oliveira, Carol A. Doherty, Lydia Edwards, James K. Hawkins and other members of the General Court for legislation to promote the inclusion of American Sign Language in the Commonwealth’s public schools. Education.
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SECTION 1. Section 2B of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by, in line 8, striking out the word “may” and in place thereof, inserting the word “shall.”
SECTION 2. Section 2B of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by inserting, after the word “society” in line 8 the following:- “As many children with autism have been able to learn and communicate successfully via sign language because it is visually based, unaided, and provides a mode of quick communication.”
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An Act further regulating receivership of school districts designated as chronically underperforming
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S339
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SD2220
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T14:12:27.783'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T14:12:27.7833333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-08T11:18:53.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S339/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 339) of Jacob R. Oliveira and Patricia A. Duffy for legislation to further regulate receivership of school districts designated as chronically underperforming. Education.
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Section 1k of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(L) Upon the board designating a district as chronically underperforming, the commissioner shall, within 60 days thereafter, provide the local school committee with a detailed plan with metrics on how the district may leave receivership. Notwithstanding the foregoing, after a 6-year period of receivership, local control shall be given back to the school district.
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An Act to modernize funding for community media programming
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S34
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SD1343
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:50:23.283'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:50:23.2833333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T09:59:06.2633333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T11:15:58.9333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T11:15:58.9333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-31T12:18:18.18'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T09:54:35.0533333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T09:54:35.0533333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-08T14:12:32.8333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-10T11:06:13.6833333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-10T11:06:13.6833333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-17T10:46:51.1766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:46:51.1766667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T13:10:40.7066667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-02-28T11:12:39.21'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-06T08:55:11.6866667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-13T16:13:34.1566667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T09:48:32'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T13:34:09.5633333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-03-21T10:05:40.4066667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-23T09:58:39.7766667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T09:58:39.7766667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-03-27T16:18:44.4866667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-04-03T15:13:42.66'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-04-04T14:56:44.2266667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T14:43:34.6866667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-18T14:20:06.5466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:32:28.5033333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-06-07T11:32:28.5033333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 34) of Jason M. Lewis, Paul W. Mark, John J. Cronin, Joanne M. Comerford and other members of the General Court for legislation to establish a comprehensive statewide policy concerning streaming entertainment services and the recovery of municipal costs for the management and maintenance of digital infrastructure. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 166 the following chapter:-
Chapter 166B.
Section 1. The purposes of this chapter are to:
A. establish a comprehensive statewide policy concerning compensation for the use of digital infrastructure in the public rights-of-way;
B. establish legislative findings that digital infrastructure in the public rights-of-way is of valuable economic and public interest;
C. establish standards which encourage a competitive environment for growth and development of streaming entertainment services and which assure that streaming entertainment services are responsive to the needs and interests of the local community;
D. establish guidelines for the exercise of Commonwealth and local authority with respect to the regulation of the commercial use of the public rights-of-way by entities that provide and deliver streaming entertainment services;
E. assure that streaming entertainment operators are encouraged to provide the widest possible diversity of information sources and services to the public;
F. establish an orderly process for the Department of Revenue to assess and recover payments from streaming entertainment operators;
G. establish an orderly process to collect unpaid assessments and monetary fines from non-compliant streaming entertainment operators operating in the Commonwealth;
H. protect the substantial interest of the Commonwealth in preventing false and deceptive business practices; and,
I. promote competition among streaming entertainment service operators and minimize regulation that would impose an undue economic burden on streaming entertainment operators.
Section 2. DEFINITIONS
For the purposes of this Act, the following words shall have the following meanings:
A. “Commonwealth”, the Commonwealth of Massachusetts;
B. “cable operator”, any entity that is providing cable services under a franchise agreement with a city, town or district and remitting a franchise fee to such city, town or district as permitted by the Cable Communications Policy Act of 1984, 47 U.S.C. § 522, et seq.;
C. “gross revenues”, all revenue received directly or indirectly by a streaming entertainment operator arising from, attributable to, or in any way derived from the sale of streaming entertainment services in the Commonwealth. The term “gross revenues” shall not include bad debts, investment income, refunded deposits, or any taxes on services furnished by streaming entertainment providers and imposed directly upon any user by the local, state, federal or other governmental unit;
D. “person”, an individual, partnership, association, joint stock company, trust, corporation, or governmental entity;
E. “public, educational, or governmental access facilities”, facilities and equipment for the use of channel capacity designated for public, educational, or governmental use;
F. “streaming entertainment services”, any paid service that provides audio, video, or computer-generated or computer-augmented entertainment and delivers such entertainment via digital infrastructure to users and delivers such services through facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology or other intelligences. This definition does not include any cable service defined in 47 U.S.C. § 522(6) or any video programming provided by a commercial mobile service provider defined in 47 U.S.C § 332(d) or provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public internet;
G. “streaming entertainment operator”, any company, entity, or organization that
1. provides streaming entertainment services and delivers such entertainment via digital infrastructure provided through facilities located at least in part in the public rights-of-way with regard to delivery technology, including internet technology or other intelligences, and
2. earns more than two-hundred and fifty thousand dollars (USD $250,000.00) in gross annual revenues from providing such services to users in the Commonwealth;
H. “video programming”, programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
Section 3. AUTHORITY OF THE COMMONWEALTH TO REGULATE STREAMING ENTERTAINMENT SERVICES AND COLLECT COMPENSATION FOR THE USE OF PUBLIC RIGHTS-OF-WAY
A. Pursuant to the authority of the Commonwealth to regulate trade under Section 1 of Chapter 93 and to promote economic competition under Section 4 of Chapter 93, and to regulate business practices for consumer protection under Section 1 of Chapter 93A, the Commonwealth shall regulate the commercial sale of streaming entertainment services to individuals and businesses in the Commonwealth;
B. pursuant to the authority of the Commonwealth to collect payments from commercial operators doing business with individuals and businesses physically located in the Commonwealth and to levy assessments under Section 1 of Chapter 58, the Commonwealth shall collect payments from the private sector use of the public rights-of-way by imposing an assessment upon streaming entertainment providers;
C. nothing in this Act shall limit or affect the authority of the Commonwealth or local government or instrumentality thereof regarding ownership and control of public property and public rights-of-way;
D. no agency of the Commonwealth or local government shall have any authority to regulate the rates charged by any streaming entertainment operator.
Section 4. IMPOSITION AND COLLECTION OF AN ASSESSMENT FOR THE USE OF PUBLIC RIGHTS-OF-WAY
A. A streaming entertainment operator shall pay an assessment equal to five percent (5%) of such streaming entertainment operator’s gross annual revenues derived in from the sale or provision of streaming entertainment services to individuals and businesses in the Commonwealth.
B. The assessment authorized in this section shall be for each year, or part of each year, that such streaming entertainment operator is engaged in the sale of streaming entertainment services to individuals and businesses in the Commonwealth.
C. A streaming entertainment operator shall file bi-annual financial statements reporting its gross revenues derived in such period from the sale of streaming entertainment services to individuals and businesses in the Commonwealth.
1. Financial statements shall be filed with the Department of Revenue and shall not be classified as a public record pursuant to Section 1 of Chapter 66;
2. financial statements shall contain a complete accounting and itemization of gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses in the Commonwealth;
3. financial statements shall conform to Generally-Accepted Accounting Principles (GAAP) and shall be submitted in writing;
4. for the period inclusive of January 1 through June 30, a streaming entertainment operator shall submit a financial statement on or before August 15. For the period inclusive of July 1 through December 31, a streaming entertainment operator shall submit a financial statement on or before February 15 of the following year;
5. streaming entertainment operators that fail to submit financial statements within thirty (30) days of the afore stated deadlines shall be assessed a monetary penalty amount equal to one percent (1%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses residing in the Commonwealth during the applicable time period;
6. streaming entertainment operators that fail to submit financial statements within sixty (60) days of the afore stated deadlines shall be assessed a monetary penalty amount equal to two percent (2%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses residing in the Commonwealth during the applicable time period;
7. any monetary penalty assessed upon a streaming entertainment operator for failure to submit financial statements before the deadline shall be cumulative to the assessment of five percent (5%) of gross revenues.
D. Subject to audit and revision pursuant to the Department of Revenue’s authority in Section 5, the Department of Revenue shall utilize the financial statement of a streaming entertainment operator to assess an amount equal to five percent (5%) of such streaming entertainment operator’s gross revenues derived in such period from the sale or provision of streaming entertainment service to individuals and businesses in the Commonwealth.
E. Upon assessment by written notice of the Department of Revenue, a streaming entertainment operator must submit payment to the Commonwealth within thirty (30) days of such notice.
1. Streaming entertainment operators that fail to submit payment within thirty (30) days of the afore stated deadline shall be assessed a monetary penalty amount equal to two percent (2%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses in the Commonwealth during the applicable time period;
2. streaming entertainment operators that fail to submit remuneration of the assessment within sixty (60) days of the afore stated deadline shall be assessed a penalty equal to three percent (3%) of the gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment service to individuals and businesses in the Commonwealth during the applicable time period;
3. any monetary penalty assessed upon a streaming entertainment operator for failure to submit payment before the deadline shall be in addition to the assessment of five percent (5%) of gross revenues.
F. In accordance with Section 7 of this Act, the Commonwealth, local governments, or instrumentalities thereof, may levy additional monetary and legal penalties upon any streaming entertainment operator that fails to timely provide written financial statements or remuneration of assessments.
Section 5. RIGHT TO AUDIT FINANCIAL RECORDS PERTAINING TO ASSESSABLE GROSS REVENUES
A. The Commonwealth shall have the right to conduct an audit or review of the records reasonably related to the sources, amounts and computation of assessable gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment service to individuals and businesses residing in the Commonwealth within the previous three (3) years.
B. Within thirty (30) days of a written request, a streaming entertainment operator shall provide the Department of Revenue with copies of financial records related to the review or audit of assessable gross revenues derived from, or pertaining to, the sale or provision of streaming entertainment services to individuals and businesses residing in the Commonwealth.
C. In the event of an alleged underpayment, the Department of Revenue shall provide the streaming entertainment operator with a written statement indicating the basis for the alleged underpayment. The streaming entertainment operator shall have thirty (30) days from the receipt of a statement regarding an alleged underpayment to provide the Department of Revenue any written objection to the results of any assessable gross revenue review or audit, including any substantiating documentation. Based on this exchange of information, the Department of Revenue shall make a final determination of the underpayment(s), if any, within thirty (30) days of the streaming entertainment operator’s objection and shall provide the operator with written notice of the determination.
D. Any additional assessments due to the Commonwealth as a result of the assessable gross revenue review or audit shall be paid to the Department of Revenue by the streaming entertainment operator within forty-five (45) days from the date of written notification of the final decision. If the assessable gross revenue review or audit shows that amounts have been underpaid, then the streaming entertainment operator shall pay the underpaid amount plus monetary fines equal to ten percent (10%) of the underpayment.
E. A streaming entertainment operator adversely affected by any final action, or failure to act, of the Department of Revenue that is inconsistent with this section may, within thirty (30) days after such action or failure to act, commence an action in any court of competent jurisdiction within the Commonwealth. The court shall hear and decide such action on an expedited basis.
Section 6. STREAMING ENTERTAINMENT FUND
A. There shall be a Streaming Entertainment Fund which shall consist of amounts credited to the fund in accordance with this section. The fund shall be administered by the state treasurer and held in trust exclusively for the purposes of this section. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.
B. The Streaming Entertainment Fund shall consist of: (i) revenues collected from the assessment imposed by this Act; (ii) revenue from appropriations or other money specifically designated to be credited to the fund; (iii) interest earned on money in the fund; and (iv) funds from private sources including, but not limited to, gifts, grants and donations received by the Commonwealth that are specifically designated to be credited to the fund. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The secretary of the Commonwealth shall annually, not later than December 31, report on the activity of the fund to the clerks of the Senate and House of Representatives and the Senate and House Committees on Ways and Means.
C. The Streaming Entertainment Fund shall make bi-annual distributions on March 1and September 1 of each year. On those dates, the Streaming Entertainment Fund shall distribute, with no remainder left, all monies then held in the Fund according to the following formula:
1. One-fifth (1/5) of the monies in the Streaming Entertainment Fund shall be distributed to the Commonwealth General Fund;
2. Two-fifths (2/5) of the monies in the Streaming Entertainment Fund shall be distributed to municipalities and local governments in the Commonwealth and further allocated proportionally based upon population;
3. Two-fifths (2/5) of the monies in the Streaming Entertainment Fund shall be distributed to community media centers in the Commonwealth and further allocated proportionally based upon population.
D. The Department of Revenue shall use the most recent city and town population estimates of the United States Bureau of the Census in calculating distributions pursuant to(C)(2) and (C)(3) of this section.
E. Distributions pursuant to (C)(2) of this section shall be listed upon each municipality’s cherry sheet for the upcoming fiscal year.
F. The Commissioner of Revenue or any official responsible, shall, without further appropriation and upon certification of the Commissioner, distribute all sums allocated under (C) under this section.
G. All sums distributed under (C)(1) of this section shall be deposited in the Commonwealth General Fund. All sums distributed under (C)(2) of this section shall be deposited in the general fund of the respective municipality. All sums distributed under (C)(3) of this section shall be deposited in accordance with Section 53F¾ of Chapter 44, as amended by Section 8 of this act.
H. No expenditures from the Streaming Entertainment Fund shall be made except to provide funding for: (i) the operating expenses of the fund; (ii) legal and administrative expenses incurred in enforcing the provisions of this Act; and (iii) legal and administrative expenses incurred in collecting any assessment due under this act.
I. All sums appropriated under this Act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity.
J. All officials and employees of an agency, board, department, commission or division receiving monies under this Act shall take affirmative steps to ensure equality of opportunity and nondiscrimination in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the Commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity and nondiscrimination in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.
Section 7. JUDICIAL REMEDY
A. In accordance with Section 1 of Chapter 12, the Attorney General is authorized to enforce this Act. The Attorney General may, within seven (7) years, bring an action to recover any unpaid assessments and monetary penalties, or enjoin the operations of any non-compliant entity, in any court of competent jurisdiction.
B. Any local government, or class thereof, or community media center adversely impacted by the action, or failure to act, of any streaming entertainment operator under this Act, may, within seven (7) years, bring an action to recover any unpaid assessments and monetary penalties, or enjoin the operations of any non-compliant entity, in any court of competent jurisdiction.
SECTION 2. Municipal streaming fund.
Section 53 F3/4 of Chapter 44 of the General Laws shall be amended by adding at the end thereof the following new section: -
“Notwithstanding section 53 or any other general or special law to the contrary, a municipality that accepts this section may establish in the treasury a separate revenue account to be known as the PEG Access and Streaming Entertainment Funds, into which may be deposited funds received in connection with assessments derived from streaming entertainment providers. Monies in the fund shall only be appropriated to support public, educational or governmental access media centers.”
SECTION 3. This act shall take effect on January 1, 2025.
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An Act enabling all students to thrive: protecting a high quality, diverse educator workforce
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S340
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SD344
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-12T11:36:05.027'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-12T11:36:05.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S340/DocumentHistoryActions
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 340) of Pavel M. Payano for legislation to enable all students to thrive: protecting a high quality, diverse educator workforce. Education.
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Section 42 of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the seventh paragraph, and inserting in the place thereof the following:
Nothing in this section or section 41 shall affect the right of a superintendent to lay off teachers pursuant to reductions in force or reorganization resulting from declining enrollment or other budgetary reasons.
Except as herein provided, no teacher with professional teacher status shall be laid off pursuant to a reduction in force or reorganization if there is a teacher without such status for whose position the covered employee is currently certified or if there is a less qualified teacher with professional teacher status holding the same or similar position for which the covered employee is currently certified. No teacher with professional teacher status shall be displaced in accordance with the terms of a collective bargaining agreement or otherwise by a more senior teacher with such status unless the more senior teacher is currently certified pursuant to section 38G and is at least as qualified for the position as the junior teacher holding the position. The criteria for determining a qualified teacher under this paragraph shall be subject to the collective bargaining provisions of chapter 150E; provided, however, that any such collectively bargained for qualifications shall include, as the primary factors, indicators of job performance, including overall ratings resulting from comprehensive evaluations conducted consistent with section 38, and the best interests of the students in the school or district; and provided further, that for the purposes of this paragraph, no distinction shall be made between the overall performance ratings established by the board of elementary and secondary education finding that the teacher has met or exceeded acceptable performance standards developed under said section 38 and that are defined by the board as proficient and exemplary.
In a layoff, a school district shall retain a teacher with linguistic proficiency in relation to an in-district language or dialect who has less seniority and without regard to the professional teacher status or lack thereof of such teacher if the release of the less senior teacher would result in a lesser proportion of teachers with such linguistic proficiency compared to the proportion of students for whom such language or dialect is their first language or dialect. For purposes of this paragraph, linguistic proficiency in relation to an in-district language or dialect shall mean proficiency in a language or dialect other than English that is spoken by the greater of (a) by five percent or more of the students enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of the students enrolled in the district or (b) at five percent or more of the homes of the students enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of the homes of the students enrolled in the district.
A teacher meeting one of the following criteria shall be exempted from layoff based on seniority or based on whether or not a teacher has professional teacher status: (a) a teacher who is a member of a population underrepresented among certified teachers in the district, (b) a teacher who graduated from a so-called grow your own teacher preparation program of the district, (c) a teacher who works in a school defined by the district as hard to staff, (d) a teacher certified in a subject area for which there is a shortage of teachers in the district, which may include without limitation science, technology, engineering, mathematics, computer science, special education, English as a second language, and a foreign language, (e) a teacher deemed by the department as a Teacher of the Year, (f) a teacher certified by the National Board for Professional Teaching Standards, or (g) a teacher who received the highest rating on a performance evaluation delivered in either or both of the school years immediately prior to the school year in which a layoff is announced.
The school committee and the collective bargaining representative may negotiate for seniority or length of service only as a tiebreaker in layoffs among teachers whose qualifications are no different using the qualifications collectively bargained for in accordance with this section.
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An Act relative to dropout prevention and student recovery
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S341
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SD879
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-18T15:45:44.603'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-18T15:45:44.6033333'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 341) of Pavel M. Payano for legislation relative to dropout prevention and student recovery. Education.
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SECTION 1. Section 1B of chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “attendance”, in line 120, the following words:- ; provided, however, that all children under the age of 18 shall be required to attend school if they have not graduated from high school.
SECTION 2. Chapter 741 of the acts of 1965 is hereby repealed.
SECTION 3. (a) Subject to appropriation, the department of elementary and secondary education shall develop and administer a 3-year pilot program for dropout prevention and recovery programs for school districts with annual dropout rates greater than the state average. The pilot program shall be a competitive grant process for school districts or local community agencies serving students who reside in the districts.
(b) The dropout prevention and recovery programs shall target high school students who have dropped out of school or are at risk of dropping out of school using at least 1 of the methods described in clauses (i) to (iv), inclusive.
(i) Alternative education, which shall mean diploma or general educational development granting programs that use evidence-based instruction and student support strategies designed to meet the needs of the target population and prepare them for postsecondary education or training. The evidence-based instruction and student support strategies may include, but shall not be limited to: smaller class size, competency-based learning, project-based learning, work-based learning, community service learning, graduation coaching, case management, family engagement, wraparound support, restorative justice and social service referrals;
(ii) Graduation coaches, who shall be professionals with youth development and academic support expertise and shall provide graduation plans to the target population. The graduation plans shall include, at a minimum, academic, career and postsecondary goals. Graduation coaches shall also provide follow-up support to complete the graduation plans, navigate academic requirements, engage families, overcome socio-emotional barriers and secure appropriate social services.
(iii) Dropout outreach and recovery programs, which shall mean targeted outreach and transition support for students who have dropped out of school. The programs shall, at a minimum: (1) reach out to students; (1) determine their academic status and personal circumstances; (3) assist students in enrolling in a high school or general educational development program; and (4) provide transitional support and track student academic progress.
(iv) Expectant and parenting student support, which may include, but shall not be limited to: (1) the development and implementation of school policies that set high academic expectations, establish procedures for maternity and paternity leave, and provide flexible scheduling; (2) expectant and parenting student liaisons who shall work with students to develop graduation plans that include, at a minimum, academic, career and postsecondary goals and who provide follow-up support to complete the graduation plans, navigate academic requirements, engage families, overcome socio-emotional barriers and secure appropriate social services; and (3) annual data collection that shall include, but shall not limited to, the number of parenting students in the district, any supports or interventions provided to the parenting students, and parenting student progress toward and completion of secondary school.
(c) The department shall develop guidelines for an annual review of the progress being made by each district and local community agency participating in the pilot program. Each district and agency in the pilot program shall participate in any evaluation or accountability process implemented by or authorized by the department. The department shall prepare and submit an annual report describing and analyzing the implementation of the pilot program in all participating districts. The report shall include, but shall not be limited to: (i) the number of participating school districts, schools and local community agencies; (ii) the number of students served and the type and duration of those services; (iii) the progress made by those students toward attaining a high school diploma or general educational development; and (iv) the number of students served who have attained a high school diploma or passed the general educational development test. The department shall file its annual report not later than September 1 of each year by filing the same with the clerks of the house of representatives and the senate who shall forward a copy of the report to the joint committee on education. The department shall file a final report within 6 months of the conclusion of the 3-year pilot period that shall include an analysis of all relevant data so as to determine the effectiveness of the program and specific legislative recommendations, including whether the program should be expanded, maintained or discontinued, by filing the same with the clerks of the house of representatives and the senate who shall forward a copy of the report to the joint committee on education.
SECTION 4. Section 1 shall take effect on September 1, 2024.
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An Act relative to substance use education in public schools
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S342
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SD1456
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T10:43:36.773'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T10:43:36.7733333'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 342) of Pavel M. Payano for legislation relative to substance use education in public schools. Education.
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Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 95. The department of elementary and secondary education in coordination with the department of public health shall develop a model curriculum designed for the purpose of substance use and addiction prevention which shall align with the health curriculum framework and address the following topics: tobacco, alcohol, opiate and prescription drug diversion and use and other substance use and use prevention, conflict resolution, healthy coping behavior, student and community mental health resources and peer leadership. The curriculum shall take into account the best practices and policies in other states. The adolescent substance use and addiction prevention curriculum shall be incorporated into the health curriculum in grades 4 to 12 for all students in the public schools. The state shall fully fund all costs associated with the implementation of this act. The model curriculum shall be developed on or before June 30, 2024.
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An Act establishing an education-to-career data center
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S343
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SD2288
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-20T14:56:03.223'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-20T14:56:03.2233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-18T10:56:07.0833333'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 343) of Pavel M. Payano for legislation to establish an education-to-career data center. Education.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 7D the following chapter:-
Chapter 7E. Education-to-Career Data Center
Section 1. Definitions
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Board”, the board of the Massachusetts Education-to-Career Data Center established pursuant to section 4.
“Center”, the Massachusetts Education-to-Career Data Center established pursuant to section 2.
“Data element”, a variable or field in an administrative database or record.
“Data provider”, the public agency that provides data elements to the data system.
“Data requests in the public interest”, requests for data that enable families, educators, public agencies, researchers and policymakers to make appropriate choices and investments or provide appropriate interventions to improve educational and workforce outcomes for all individuals.
“Data system”, the Massachusetts Education-to-Career Data System established pursuant to section 2.
“De-identification”, the removal of an individual’s name, address, employer, date of birth, social security number, driver’s license number and other personal information from a data record. Data shall be considered “de-identified” only if satisfying the standard for de-identification set forth in 45 CFR § 164.514(b)(1) or (2) and 34 CFR § 99.31(b)(1).
“Longitudinal data set”, a data set containing information on individuals from various public and private sources over multiple periods of time.
“Research-practice partnerships”, collaborative, long-term relationships between researchers and practitioners that are designed to increase educational or workforce outcomes.
“Secure data enclave”, a secure, remotely accessible environment to aggregate and analyze personal data, as set forth in M.G.L c. 66A, without transferring the underlying data.
“Strategic initiative”, a major initiative to increase educational or workforce outcomes that receives funding from the commonwealth over multiple years or entails substantial changes to policy or practice.
Section 2. The Massachusetts Education-to-Career Data Center
(a) The Massachusetts Education-to-Career Data Center is hereby established within the Executive Office of Technology Services and Security. The center’s purpose is to build and operate the Massachusetts Education-to-Career Data System pursuant to section 3.
(b) The center shall be headed by an executive director who shall report to the secretary of information technology services and security. In selecting the executive director, the secretary shall consult with the board. The executive director shall be the chief executive, administrative and operational officer of the center; shall direct and supervise the administrative affairs and the general management of the center and shall attend the meetings of the board. The executive director may appoint and remove such employees deemed necessary to perform the duties of the center.
(c) The center may receive funding for its operations from state appropriations, federal grants, and any other grants or contributions from public agencies or other entities.
(d) The duties of the center shall be to:
(1) Oversee and maintain the data system.
(2) Develop de-identification processes.
(3) Regularly audit and ensure compliance with the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g, the Federal Privacy Act, 5 U.S.C. § 552a, the Fair Information Practices Act, M.G.L. c. 66A, the state unemployment insurance statute, M.G.L. c. 151A, § 46, the security breach statute, M.G.L. c 93H, the workforce development statute, M.G.L c. 23H § 6(b), and all other state and federal data privacy laws without limitation.
(4) Work with public agencies to define statewide education, workforce development, and employment metrics and ensure the integrity and quality of data collected.
(5) Produce standard reports and build and maintain data query tools, reducing duplication of effort for agency staff and providing the public with one location to access education and workforce data.
(6) Facilitate research requests, ensuring that research complies with all state and federal law related to individual privacy, including by building and maintaining a secure data enclave.
(e) Pursuant to 20 U.S.C. § 1232g, the center shall be considered an authorized representative of the state department of elementary and secondary education, the state department of higher education, and the state department of unemployment assistance under applicable state and federal statutes for purposes of accessing and compiling student record and wage data for research purposes.
Section 3. Massachusetts Education-to-Career Data System
(a) There is hereby established the Massachusetts Education-to-Career Data System for the purpose of providing reliable and actionable information on education and workforce outcomes. Information contained in the data system shall be used to:
(1) address disparities in educational and workforce outcomes;
(2) support student guidance and informed student and family decision-making;
(3) foster continuous improvement and accountability for educational and workforce outcomes; and
(4) ensure efficient utilization of public and private resources devoted to furthering educational and workforce outcomes.
(b) The data system shall employ technologies to accomplish the following:
(1) enable the ongoing creation, management, and monitoring of longitudinal data sets in a manner that protects individual privacy;
(2) facilitate utilization of longitudinal data sets and reduce the administrative burden on public agency staff responsible for producing reports and fulfilling data requests in a timely manner, including by providing a public platform for querying the data and building custom reports;
(3) provide access to actionable data for use by students, families, counselors, educators, and workforce development providers; and
(4) enable academic, nonprofit and governmental research to enhance the development of policies focused on educational and workforce outcomes.
(c) At least once per year, the following public agencies shall provide data to the data system:
(1) department of early education and care;
(2) department of elementary and secondary education;
(3) department of higher education;
(4) department of unemployment assistance; and
(5) Any other public agencies that the executive director, subject to the review of the board, identifies as appropriate for ongoing incorporation into the data system.
(d) The executive director may incorporate additional data elements from any public agency or private entity into the data system.
(e) Ownership of data provided to the data system shall be retained by the providing entity.
(f) At all times, the data system shall act in furtherance of the public good and shall be held accountable thereto.
Section 4. Board of the Massachusetts Education-to-Career Data Center
(a) The Massachusetts Education-to-Career Data Center shall be governed by a 15-member board composed of the secretary of information technology services and security or their designee, who shall serve as chair; the secretary of education or their designee; the secretary of labor and workforce development or their designee; the secretary of health and human services or their designee; the commissioner of early education and care or their designee; the commissioner of elementary and secondary education or their designee; the commissioner of higher education or their designee; the director of the department of unemployment assistance or their designee; the undersecretary of housing and community development or their designee; three members of the public appointed by the speaker of the house; and three members of the public appointed by the senate president.
(b) In appointing members of the public to the board, the speaker and senate president shall strive to ensure that the governing board represents the racial and ethnic diversity of the commonwealth and includes persons with experience in data security, quantitative research and helping students and families consume education data. A member of the public shall serve a term of no more than three years and shall not serve more than two consecutive terms or more than six years. For the first appointments of members of the public, to create staggered terms, the speaker and senate president shall appoint one member of the public to serve a one-year term, one member of the public to serve a two-year term, and one member of the public to serve a three-year term.
(c) The governing board shall develop and revise, from time to time, a self-governance process to ensure that it, among other actions, convenes on a regular basis, but no less than quarterly; and posts and archives video recording of all board meetings on the center’s public website.
(d) The governing board shall be responsible for the strategic direction and implementation of the data system, including, but not limited to:
(1) ensuring the data system is serving its intended purpose by providing an annual report to the Governor and the legislature, including the number of research requests approved and denied, the number of unique visitors to online data access tools maintained by the center, an annual budget recommendation for the center, and legislative recommendations to adjust the data system’s mission or operation to improve educational and workforce outcomes;
(2) establishing a research agenda that balances strategic initiatives, research priorities for data providers, legislative requests, research-practice partnerships, and data requests from outside researchers and the public;
(3) adopting best practice policies related to privacy and security, including creating policies, in accordance with federal and state law and regulation, related to data de-identification as well as governing the collection and use of personally identifiable information from data providers, which may include the creation of an “opt out” policy for students and families;
(4) adopting and adjusting as necessary a data dictionary, data standards, and security protocols to ensure interoperability between the data system and other state data systems using the same source data;
(5) expanding the collected data set by approving additional data providers or requesting additional data points from data providers, consistent with all applicable laws; and
(6) creating, and revising from time to time, a data request process for use by researchers and policymakers, that:
(i) maintains compliance with federal and state laws to protect individual privacy, including by allowing any data provider to exclude its data elements from a request if the data provider determines that access to the data element conflicts with its statutory requirements to protect individual privacy; and giving data providers the opportunity to review and approve the public release of research products derived from their data elements to ensure that the research products conform with statutory requirements to protect individual privacy; and
(ii) facilitates the timely approval of data requests in the public interest, as defined pursuant to section 1, to generate information that is not otherwise available via public query tools or published reports; and
(iii) provides a clear and publicly accessible record of all data requests approved, denied, or withdrawn, including by issuing a clear written explanation for the determination when a request is denied.
Section 5. Strategic Initiatives
(a) The board may determine that a strategic initiative of the commonwealth merits enhanced data collection or evaluation, or both.
(b) At such time, the executive director shall appoint a special committee with two co-chairs. One co-chair shall be a member of the board that represents an agency involved in the strategic initiative or their designee. The second co-chair shall be an academic researcher who is not principally employed by the commonwealth. The special committee shall include at least five members, inclusive of the co-chairs. At least three of the members shall have expertise in statistical methods for program and policy evaluation.
(c) Over the life of the strategic initiative, the special committee shall recommend evaluation methods. To the extent that these methods require additional data elements, the executive director and board shall direct said agencies to prioritize the integration of these data elements into the data system.
Section 6. Research-Practice Partnerships
A municipality or group of municipalities of the commonwealth may create research-practice partnerships to improve their understanding of education and workforce outcomes at the local or regional level. The center shall support these efforts by developing policies and procedures to link local data to the data system, in compliance with all state and federal laws to protect individual privacy.
SECTION 2. This act shall take effect upon its passage.
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An Act relative to celebrating and teaching Native American culture and history
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S344
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SD387
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T17:55:34.847'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T17:55:34.8466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T21:10:58.86'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T15:52:17.1'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:19:43.5566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T20:39:44.33'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-07T20:51:14.2933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T15:41:26.76'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-10T15:41:26.76'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:51:22.3133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-11T15:18:27.2966667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-19T14:30:57.78'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-23T16:48:42.45'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 344) of Rebecca L. Rausch, Jack Patrick Lewis, Joanne M. Comerford, Vanna Howard and other members of the General Court for legislation relative to celebrate and teach Native American culture and history. Education.
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The third paragraph of section 1D of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- The standards shall provide for instruction in: (i) tribal history and current issues of the Aquinnah Wampanoag, Mashpee Wampanoag and other Wampanoag tribes, the Massachuset, the Nipmuc and other Native American tribes that exist within Massachusetts; (ii) information about tribes and confederacies that have historic ties to Massachusetts, such as the Wabanaki Confederacy; (iii) tribal history of Native Americans throughout the United States; (iv) tribal sovereignty and governance, treaty rights, genocide, Native American cultures, languages and socioeconomic experiences; and (v) ongoing issues common to contemporary Native Americans throughout Massachusetts; provided, that the board shall consult with tribal nations in developing these standards.
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An Act to update accuracy of membership to the state advisory council on early education and care
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S345
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SD1174
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T09:41:27.103'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T09:41:27.1033333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-29T16:38:41.38'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 345) of Rebecca L. Rausch for legislation to update accuracy of membership to the state advisory council on early education and care. Education.
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Section 3A of chapter 15D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “Bureau of Jewish Education” and inserting in place thereof the following words:- Combined Jewish Philanthropies.
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An Act ensuring access to mental health supports in K-12 schools
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S346
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SD1805
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:13:26.847'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:13:26.8466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:20:58.8466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:50:38.2533333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 346) of Rebecca L. Rausch, Lydia Edwards and James B. Eldridge for legislation to ensuring access to mental health supports in K-12 schools. Education.
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Section 1P of Chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (g) the following subsection:-
(h) As used in this section, the term “school mental health professional” shall mean a school counselor, a school psychologist, or a school social worker. The department of elementary and secondary education shall provide school mental health professionals at a ratio of at least 1 per 250 students, with a minimum of 1 school mental health professional at each elementary and each secondary school in the commonwealth. Consistent with applicable scopes of practice, school mental health professionals may, without limitation, provide mental health services to students; offer training and resources to school faculty and administrators; provide the school with culturally competent and linguistically diverse resources to develop and improve the social and emotional health of students; provide direct social and emotional skill building; assist students and their families with applying for and obtaining necessary public benefits for which each student and the student’s family is eligible; provide services and supports to students who have an individualized education program; consult and coordinate with other school professionals on behalf of students and support families accessing community-based resources as needed and appropriate; and identify food insecurity, homelessness, and other issues affecting students and make referrals to services with the community, bringing those services into the school where possible.
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An Act modernizing the board of elementary and secondary education
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S347
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SD2250
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T14:36:36.68'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T14:36:36.68'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:50:04.5'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 347) of Rebecca L. Rausch and James B. Eldridge for legislation to modernize the board of elementary and secondary education. Education.
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SECTION 1. Chapter 15 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 1E and inserting in place thereof the following section:-
Section 1E. (a) As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Board”, board of elementary and secondary education.
“Commissioner”, commissioner of elementary and secondary education.
“Council”, student advisory council to the board.
“Secretary”, secretary of education.
(b) There is hereby established a board of elementary and secondary education for the purpose of providing oversight over the decisions, actions, and inactions of the commissioner and consisting of the following members: the secretary or their designee; the chair of the student advisory council established under this section; the president of the Massachusetts Teachers Association or their designee; the president of the American Federation of Teachers – Massachusetts or their designee; the president of the Boston Teachers Union or their designee; the president of the Massachusetts association of school superintendents or their designee; the president of the Massachusetts association of vocational administrators or their designee; the president of the Massachusetts school nurse organization or their designee; the executive director of MassEquality or their designee; 4 members appointed by the attorney general, 1 of whom shall be a school committee member from a town in the commonwealth, 1 of whom shall be a representative of a labor organization from a list of 3 nominees provided by the Massachusetts AFL-CIO, 1 of whom shall be a school counselor, and 1 of whom shall be affiliated with a public institution of higher education located within the commonwealth who shall not be a member of the board of higher education; and 4 members appointed by the state auditor, 1 of whom shall be a school committee member from a city in the commonwealth, 1 of whom shall be a school social worker, 1 of whom shall be a parent of a student in a public elementary or secondary school who may be selected in consultation with the Massachusetts parent teacher association, and 1 of whom shall be an early education and care provider. Diversity shall be prioritized in said appointments, including racial, gender, sexual orientation, economic, and regional diversification.
(c) At the first meeting of the board in every even-numbered year, or as otherwise required, the board shall elect from its membership a chair who shall serve until a new chair is selected. The chair shall be elected by majority vote. Members of the board who are employed on a full-time basis by the commonwealth shall be ineligible to serve as chair.
(d) The board shall meet no fewer than 10 times annually at the call of the chair.
(e) Appointed board members shall serve for 5-year terms, and no person shall be appointed to serve more than 2 full terms. Prior service on the board for a term of less than 3 years shall not be counted as a full term. Any member who is absent from any 4 regularly scheduled monthly meetings in any calendar year shall be deemed to have vacated their seat. Vacancies shall be filled consistent with the requirements of section 10 of chapter 30. The board chair shall notify the speaker of the house or the president of the senate, as appropriate, of any vacancy.
(f) Board members shall be reimbursed for their necessary expenses incurred in the performance of their duties. Board members shall not be compensated for their service.
(g) No board member employed by the commonwealth shall be found to be in violation of section 6 of chapter 268A for performance of their duties as a board member; provided, however, that any financial interest relevant to any board action is disclosed to the board and recorded in the minutes prior to action taken.
(h) (1) There is hereby established a student advisory council to the board, consisting of four elected representatives from each student regional council established under the provisions of this section, at least one of whom shall be a student in a vocational secondary school.
(2) The council members shall elect a chairperson each year at the meeting immediately prior to the first day of June. The council chair shall be elected by majority vote and serve for a term of one year.
(3) The council shall meet at least quarterly and otherwise at the call of the chair or a majority of the council members and shall consider such matters as the council deems appropriate for the chair to place before the board.
(i) There are hereby established not less than 5 nor more than 15 student regional councils, designated by geography and whose membership shall be limited to elected student representatives from the secondary schools of the commonwealth who have been residents of the commonwealth for at least six months prior to their election. Said student regional councils shall consist of not less than twenty nor more than forty-five student representatives.
(ii) No person shall be eligible to be elected to a student regional council unless at the time of their election is enrolled as a student in a secondary school within the commonwealth. If at any time during their term of office a member of a student regional council ceases to be so enrolled, their membership shall be terminated and their position shall be deemed vacant. A vacancy on the student advisory council prior to the expiration of a term shall be filled for the remainder of the term in the same manner as elections to full terms. A vacancy on a student regional council shall be filled by a majority vote of the entire membership of said regional council. The terms of the elected members of the student advisory council and of the student regional council shall be not more than three years, but no member shall be prevented from running for election for three successive terms. Members of student regional councils shall serve without compensation except that they shall be reimbursed for necessary expenses incurred in traveling to and from meetings.
(iii) Each student regional council shall meet from time to time with the student advisory council to advise said council regarding business that it deems appropriate to be considered by said advisory council.
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An Act relative to parental notification in public schools
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S348
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SD810
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T14:19:45.037'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T14:19:45.0366667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:07.05'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 348) of Michael F. Rush and Paul McMurtry for legislation relative to parental notification in public schools. Education.
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Chapter 71 of the General Laws is hereby amended in Section 48A in line 1 by inserting before the word “School”, the following:- “(a)”
Chapter 71 of the General Laws is hereby amended in Section 48A by inserting in line 22 after the word “section”, the following:-
(b) Parental Notification of Law Enforcement Action on School Grounds
Section 1. Definitions
For the purpose of this section the following words shall have the following meanings
"School grounds", the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.
''School resource officer'', a duly sworn municipal police officer with all necessary training, up-to-date certificates, including special school resource officer certification as required by subsection (b) of section 3 of chapter 6E or a special officer appointed by the chief of police charged with: (i) providing law enforcement; (ii) promoting school safety and security services to elementary and secondary public schools; and (iii) maintaining a positive school climate for all students, families and staff.
Section 2.
If local or state law enforcement is called to school grounds to make arrests or engage in activity to ensure the safety of students or faculty beyond the regular duties undertaken by that school’s school resource officer, the principal of that school or superintendent of that school district or a designee of said principal or superintendent shall make a report by mail, electronic mail, or phone call of the incident to the parents of students who attend the school within twenty-four hours of the initial call to law enforcement. This report shall include the following information:
i.) The time at which law enforcement was called to the school.
ii.) The reason for which law enforcement was called, omitting any information which could be used to identify specific students or faculty.
iii.) The time at which law enforcement officers left school grounds.
The report shall not include any information which could be used to identify any specific student or faculty member of the school.
Section 3.
This Section shall not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section shall not delay action by law enforcement officers in circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following:
i.) Prevent bodily harm or injury to the student or any other person
ii.) Apprehend an armed or fleeing suspect
iii.) Prevent the destruction of evidence
iv.) Address an emergency or other dangerous situation
(c.) This Act shall take effect upon passage.
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An Act creating a grant program on alternative assessment models
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S349
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SD1251
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:37:40.033'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:37:40.0333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:46:51.7133333'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 349) of Michael F. Rush and Paul McMurtry for legislation to create a grant program on alternative assessment models. Education.
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SECTION 1. Chapter 69 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end the following new section:-
Section 37. (a)Notwithstanding subsection (i) of section one D of chapter 69, during the next three full school years following the effective date of this act, the requirement that a student must demonstrate mastery of a common core of skills, competencies and knowledge as measured by Massachusetts Comprehensive Assessment System or any other named statewide standardized assessment shall not be required as a condition for high school graduation.
(b) Notwithstanding the provisions of any general law, special law, regulation, or collective bargaining agreement to the contrary, during the next three full school years following the effective date of this act, the results from student learning measures that inform the educator plan or self-assessment shall not be used, in whole or in part, in an educator’s formative evaluation, formative assessment, or summative evaluation.
(c) During the next three full school years following the effective date of this act, the department shall not implement or use the mandated state standardized assessment to satisfy the accountability provisions of section 1J or section 1K of chapter 69.
(d) The department of elementary and secondary education shall create and implement a grant program within ninety days of the passage of this act to support the establishment of district task forces to develop and pilot alternative assessment models beginning at the start of the 2024-2025 school year. The purpose of the grant program is to enable educators, students, parents and local districts to establish a vision and goals for their public schools; to determine how best to evaluate whether or not their vision and goals are being met; and to identify what resources are needed to realize their vision and goals.
(i) A school district task force on assessment shall be formed at the local level in no more than twenty-five percent of public school districts.
(ii) Should more than twenty-five percent of school districts apply, the department shall establish a process by which grant applicants are selected in a manner that ensures the participation of economically disadvantaged school districts as defined in section 3A of chapter 23A and school districts with a significant population of English language learners as defined in subsection (d) of Section 2 of Chapter 71A.
(iii) Each task force shall be co-chaired by the chair of the school committee, or the chair’s designee, and the president of the local education association, or the president’s designee. In addition to the co-chairs, the task force composition shall consist of no more than nine members of the community, parents, school staff including administrators and educators, and students as appropriate. The task forces may convene within thirty days of notification by the department that a grant has been awarded to the district.
(iv) Each task force shall annually report on its progress to the department.
(v) The department shall file an annual report on the status of the grant program, progress of applicants and assess the need for increased funding after the initial application cycle to the Committees on House Ways and Means, Senate Ways and Means, and the Joint Committee on Education annually on the progress of the pilot alternative assessment models.
SECTION 5. Chapter 11 of the General Laws, as appearing in the 2016 official edition, is hereby amended by inserting after section 17 the following new section:-
Section 18. The state auditor shall audit the Department of Elementary and Secondary Education, established under Section 1A of Chapter 69 of the General Laws, at least once every three years beginning January 1, 2024. The audit shall include, but not limited to, contract bid practices, internal financial and practice reviews and controls, contract compliance, specifically review the current and former contracts between the department and Measured Progress as well as any subcontractors of said contract, including but not limited to Pearson, and review any other issues the state auditor deems appropriate to examine. The state auditor shall issue guidance for future contracts to be executed with a nonprofit based in Massachusetts with extensive knowledge of the educational system of the Commonwealth. Upon completion of the report, a copy shall be filed with the Clerk of the House of Representatives, the Clerk of the Senate, the Joint Committee on Education, the House Committee on Ways & Means and the Senate Committee on Ways & Means.
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An Act protecting against cyber ransom
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S35
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SD1955
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T05:56:35.87'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T05:56:35.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S35/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 35) of Paul W. Mark for legislation to protect against cyber ransom. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 7D of the General Laws is hereby amended in Section 7 by adding the following subsections:-
(e) No State agency, local government entity, or municipality shall submit payment or otherwise communicate with an entity that has engaged in a cybersecurity incident on an information technology system by encrypting data and then subsequently offering to decrypt that data in exchange for a ransom payment.
(f) Any State agency or local government entity experiencing a ransom request in connection with a cybersecurity incident shall report to and consult with the CIO.
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An Act relative to physical and social recess in schools
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S350
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SD1252
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:36:33.017'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:36:33.0166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:43:13.55'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-06-20T10:46:46.0366667'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 350) of Michael F. Rush and Paul McMurtry for legislation relative to physical and social recess in schools. Education.
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SECTION 1. Section 1G of Chapter 69 of the General Laws is hereby amended by inserting at the end thereof the following new paragraph:-
All children in grades kindergarten through five attending public schools shall receive one hundred minutes of supervised, safe, and unstructured free-play recess each week so that there are at least twenty consecutive minutes of free-play recess per day. As used herein, the term "free play" means an unstructured environment, but which is supervised by appropriate school personnel or staff. Regulations promulgated by the department may not exclude recess from structured learning time requirements for elementary school children and may not increase the total number of hours required in the school year to meet the provisions of this subsection.
SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after section 4A, as appearing in the 2016 Official Edition, the following section:-
Section 4B. Notwithstanding any general or special law to the contrary, no public elementary school shall decrease the amount of time it allots and provides to students as recess time designed to allow students to participate in physical and social activities as a result of any changes in standards or curriculum that the school is required to or chooses to adopt. For purposes of this section, “elementary school” shall mean a school providing instruction to grades K through 5, and, where so designated by a school committee prior to the commencement of a school year, may also include a middle school or other intermediate level school providing instruction to grades 5 through 6 or any combination thereof.
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An Act providing hands only CPR training and the use of defibrillators
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S351
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SD1819
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T18:14:49.977'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T18:14:49.9766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T15:21:17.2933333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:08:19.3866667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-06T10:35:46.4733333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T12:48:49.4166667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T15:53:08.8566667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T11:50:45.5766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:58:40.24'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:43:50.41'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:43:30.6833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:51:44.3666667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-04T09:25:13.5933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-06T09:29:16.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S351/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 351) of Michael F. Rush, Paul McMurtry, Patrick M. O'Connor, Anne M. Gobi and other members of the General Court for legislation to provide hands only CPR training and the use of defibrillators. Education.
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SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting after section 2C, the following section:-
Section 2D. Each school district in the commonwealth shall provide instruction in hands only cardiopulmonary resuscitation and the use of an automated external defibrillator as part of the existing physical education or health education curriculum in grades 9 through 12. The school district may select a no-cost, non-certification instructional program to meet this requirement. The instructional program provided shall be modeled from an instructional program established by a nationally recognized association with expertise in instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator and include a hands-on learning component for each participating student. Each public high school student shall be required to participate in the instructional program as a requirement for high school graduation; provided, however, that no student shall be required to take part in the instructional program if (i) a licensed physician certifies in writing that such participation would be injurious to the student; or (ii) a parent or guardian for the student submits a written objection to the student’s participation in the instructional program.
SECTION 2. This act shall take effect on September 1, 2025.
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An Act ensuring charter school integrity
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S352
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SD96
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:09:41.3'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:09:41.3'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S352/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 352) of Bruce E. Tarr for legislation relative to ensure the integrity of charter schools. Education.
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SECTION 1. Section 89 of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in section (h), the following paragraph: -
Within 30 days of the approval of a new commonwealth charter school in any community, the board shall issue a written confirmation that the school meets all requirements set out in subsection (b), (e) and (f) of this section and in the implementing regulations, and a summary of the reasons therefore.
SECTION 2. Said section 89 of said Chapter 71, as so appearing, is hereby further amended, in subsection (l), by inserting at the end thereof the following sentence:-
Charter schools shall not solicit applications for enrollment by offering money or gifts of any monetary value as an incentive for application.
SECTION 3. Said section 89 of said Chapter 71, as so appearing, is hereby further amended, in section (ee), by striking the first sentence and inserting in place thereof the following sentence: - The board may revoke a school’s charter if the school has not fulfilled any conditions imposed by the board in connection with the grant of the charter, the school has violated any provision of its charter, or the board has substantially violated any provision of this section or its implementing regulations in granting the charter.
SECTION 4. Said section 89 of said Chapter 71, as so appearing, is hereby further amended by adding at the end thereof the following new subsection:-
(nn) The board shall develop procedures and guidelines for the waiver of any regulations; provided, however, that no waiver shall be issued except at the written request of the charter applicant or at the written request of the board itself, both of which shall only be for exceptional circumstances. Said waiver must be accompanied by a written explanation of the reasons for the waiver, and may only be issued by a 2/3 vote of the board.
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An Act relative to school safety issues
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S353
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SD104
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:34:41.327'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:34:41.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S353/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 353) of Bruce E. Tarr for legislation relative to school safety issues. Education.
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SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new section:-
Section 97. School safety resource officer
The commissioner of the Department of Elementary and Secondary Education shall designate an individual within the department to serve as a school safety resource officer. Said individual shall be available to provide schools with information on school safety issues and to evaluate school safety plans.
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An Act to promote alternative dispute resolution for students
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S354
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SD105
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:35:09.033'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:35:09.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S354/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 354) of Bruce E. Tarr for legislation to promote alternative dispute resolution for students. Education.
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SECTION 1. Section 37O of Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “law” in line 115, the following sentence:- “The board shall also establish standards for the inclusion in curriculum at all grade levels, frameworks designed to teach students methods of resolving interpersonal disputes in productive and effective ways and which shall discourage the use of violence and/or other forms of abuse in the resolution of such disputes”.
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An Act relative to special education
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S355
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SD628
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T14:41:39.947'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T14:41:39.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S355/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 355) of Bruce E. Tarr relative to the foundation funding of special education. Education.
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SECTION 1. Subsection (c) of section 5A of chapter 71B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking in line 44 the number “4” and inserting in place thereof the number “3”; and further by striking in line 51 the number “4” and inserting in place thereof the number “3”
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An Act relative to conducting a study on the delivery of special education services
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S356
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SD699
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T18:31:56.89'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T18:31:56.89'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S356/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 356) of Bruce E. Tarr for legislation relative to conduct a study on the delivery of special education services. Education.
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SECTION 1. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education, in partnership with at least 1 public institution of higher education, local educational authorities and private educational providers, shall study the delivery of education and services for students with disabilities pursuant to chapter 71B of the General Laws and all applicable federal laws, including the Individuals with Disabilities Educational Act of 1990 and section 504 of the Rehabilitation Act of 1973, to provide an intersectional understanding of the current delivery of education and services for students with disabilities, best practices and appropriate placement and use for best practices.
The study shall include: (i) a consideration of the social and societal impacts on the diagnosis of students with disabilities including, but not limited to, race, ethnicity, gender, immigration status, parents’ education background and socioeconomic status; (ii) a comprehensive evaluation of existing and potential models for providing education and services for students with disabilities, in both inclusive in-district and out-of-district settings and the associated costs and benefits including, but not limited to, the costs of personnel compensation, transportation, housing, specialized services and supports and assistive technologies; and (iii) proposed means by which individualized instruction may be provided in an inclusive manner to all students. The department shall submit its recommendations, together with any proposed legislative necessary to carry those recommendations into effect, by filing the same with the joint committee on education and the clerks of the senate and house of representatives not later than May 1, 2024
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An Act relative to school safety and security
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S357
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SD613
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:45:06.89'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:45:06.89'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S357/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 357) of Walter F. Timilty for legislation relative to school safety and security. Education.
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Chapter 71 is hereby amended by adding the following new section:-
Section 100. Each school shall conduct a live intruder training session within the first 90 days of the academic year. The superintendent will work with the principal, teachers and school resource officer in each school to schedule and execute said training session. The superintendent, principal and school resource officer may alter each training session to reasonably accommodate the needs of each student. Notice will be provided to each student’s parent or guardian explaining the school’s intention to hold a live intruder training session within the specified time frame.
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Resolve establishing a joint task force to study the utilization of Department of Conservation and Recreation sites for educational programming for safe outdoor learning
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S358
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SD1342
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:13:07.693'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:13:07.6933333'}]
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Resolve
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By Mr. Timilty, a petition (accompanied by resolve, Senate, No. 358) of Walter F. Timilty that provisions be made for an investigation and study by a joint task force relative to the utilization of Department of Conservation and Recreation sites for educational programming for safe outdoor learning. Education.
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Resolved, That the department of elementary and secondary education, in collaboration with the department of conservation and recreation, shall convene a task force to review the potential use of department of conservation and recreation sites for educational programming to allow for safe outdoor learning by elementary and secondary students in the Commonwealth.
The task force shall consist of: the commissioner of elementary and secondary education or a designee who shall serve as chair; the secretary of education or a designee; the commissioner of department of conservation and recreation or a designee; the secretary of energy and environmental affairs or a designee; an employee of the department of elementary and secondary education who has expertise in accessibility for individuals with intellectual or developmental disabilities; a representative of the Massachusetts Association of School Superintendents, Inc.; a representative of the Massachusetts Association of School Committees; a current actively working elementary or secondary teacher appointed by the American Federation of Teachers Massachusetts; a current actively working elementary or secondary teacher appointed by the Massachusetts Teachers Association; and a representative of the Massachusetts Association of Approved Private Schools.
The task force shall: (i) conduct a comprehensive study of how to utilize existing department of conservation and recreation sites to develop a curriculum for students of the Commonwealth, including a review of existing department of elementary and secondary recommended curriculum related to outdoor learning; (ii) determine potential topics for curriculum, including but not limited to, science, humanities, and recreation; (iii) determine the number of districts in the commonwealth near department of conservation and recreation sites; (iii) identify any potential accessibility issues for students with intellectual or developmental disabilities in relation to outdoor learning at department of conservation and recreation sites; (iv) identify any potential costs associated with establishing outdoor learning curriculum to be taught at department of conservation and recreation sites; and (iii) identify resources to assist districts in implementing outdoor learning curriculum.
The task force shall file a report containing its findings and recommendations, including legislation necessary to carry out its recommendations, with the clerks of the senate and house of representatives by December 31, 2023.
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An Act relative to school districts in receivership and the Massachusetts School Building Authority
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S359
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SD764
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:51:19.417'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:51:19.4166667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-30T10:39:33.22'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 359) of John C. Velis for legislation relative to school districts in receivership and the Massachusetts School Building Authority. Education.
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The second paragraph of section 10 of chapter 70B of the General Laws is hereby amended by adding the following sentence:-
(d) Notwithstanding the first sentence of this section, school districts in receivership shall qualify for incentive percentage points above 80 per cent of eligible costs.
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An Act establishing a Cybersecurity Control and Review Commission
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S36
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SD1516
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:04:50.11'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:04:50.11'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-14T15:15:36.87'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 36) of Michael O. Moore for legislation to establish a Cybersecurity Control and Review Commission. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 221. (a) For purposes of this section, the following words shall have the following meanings:
“Critical data”, private information held by state agencies and private sector companies, including, not limited to, names, health records, credit reports, credit card numbers, sealed court records and addresses.
“Critical infrastructure”, the systems and assets, either physical or virtual, within the commonwealth that are so vital to the commonwealth or the United States that the incapacitation or destruction of such a system or asset would have a debilitating impact on physical security, economic security, public health or safety or any combination thereof; provided, however, that “critical infrastructure” shall include, but not be limited to, election systems, transportation infrastructure, water, gas and electric utilities.
“Cyber attack”, an attack via cyberspace that targets an enterprise’s use of cyberspace to disrupt, disable, destroy or maliciously control a computing environment or infrastructure, destroy the integrity of the data or steal controlled information.
“Cyber incident”, action taken through the use of an information system or network that results in an actual or potentially adverse effect on an information system, network or the information residing therein.
“Cybersecurity”, the process of developing and implementing both protections against cyber attacks and methods to respond and recover in the event of a successful cyber attack.
“Cyber system”, the network of hardware, software, procedures and people put in place by a company, individual or government that can connect to the Internet.
“Cyber secure”, the state where a cyber system is prepared to the best of known technical ability to withstand the majority of known cyber attacks.
(b) There shall be a cybersecurity control and review commission.
The commission shall consist of: the secretary of technology services and security or a designee, who shall serve as chair; the secretary of public safety and security or a designee; 1 member appointed by the Massachusetts Municipal Association, Inc.; and 12 members appointed by the governor who shall have relevant subject matter expertise, 1 of whom shall have cybersecurity subject matter expertise in healthcare, 1 of whom shall have cybersecurity subject matter expertise in banking, 1 of whom shall have cybersecurity subject matter expertise in utilities, 1 of whom shall have cybersecurity subject matter expertise in academia and 1 of whom shall be a general cybersecurity expert.
(c) The commission shall recommend standards for: (i) interagency cybersecurity data collaboration between private and state agencies; and (ii) state hardware and software acquisitions, state employee cybersecurity training and protection of state data. The standards shall be based on the National Institute of Standards and Technology Cybersecurity Framework. All private and public sector agencies may have to follow the general cybersecurity recommendations as well as applicable sector-specific recommendations for healthcare, banking, utilities or academia. Businesses and state agencies operating within a specific sector shall only be required to implement the cybersecurity standards applicable to their sector. The standards shall be made available to businesses operating within the commonwealth.
(d) The commission shall create a process for cybersecurity accreditation for businesses that have a demonstrated pattern of following the cybersecurity standards within the business’ cybersecurity procedures.
(e) Any business that contracts with state agencies or handles critical infrastructure or critical data shall be required to adopt the commission’s standards for its specific sector.
(f) Annually, not later than December 1, the commission shall submit a confidential report to the special senate committee on cyber security and the clerks of the house of representatives and the senate that contains recommendations to ensure the sustainability of the commonwealth’s critical infrastructure and data protection cybersecurity standards and preparedness.
(g) Annually, not later than December 31, the commission shall make a condensed and redacted version of the report available to the public.
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An Act establishing an elementary and secondary school robotics grant program
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S360
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SD1182
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:15:39.633'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:15:39.6333333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-19T10:16:00.2333333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T14:59:40.3366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-06-28T09:02:10.1166667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-04T16:46:24.3366667'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 360) of John C. Velis, Danillo A. Sena and Ryan C. Fattman for legislation to establish an elementary and secondary school robotics grant program. Education.
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Chapter 15 of the General Laws is hereby amended by adding the following section:-
Section 67. (a) The department of education, hereinafter referred to as the department, shall establish a grant program, subject to appropriation, to be known as the elementary and secondary robotics grant program for the purpose of providing grants to assist school districts, Horace Mann and commonwealth charter schools with the development of STEM and robotics programs in schools. The grants shall be used to help students succeed academically and attend colleges with a major in science, technology, engineering and math. The grants shall help prepare students for a workforce in STEM and robotics. The grants shall also encourage voluntary expansion of existing STEM and robotics programs in the commonwealth. The department shall develop guidelines governing the grant program and guidelines for implementation of said program.
(b) Applicants shall be commonwealth school districts, Horace Mann and commonwealth charter schools. Schools without a sponsored robotics club or established robotics program shall be given preference for grant awards. Priority shall be given to schools located in the following counties: Berkshire, Hampden, Hampshire, Franklin, Bristol, Barnstable and Dukes. Applicants shall commit to running a team registered with one of the following organizations: FIRST Robotics Competition, FIRST Tech Challenge, FIRST Lego League Explore, FIRST Lego League Challenge, VEX Robotics Competition, VEX IQ Challenge or Science Olympiad, or approved by the commissioner.
(c) The commissioner shall evaluate annually programs established under this section including the potential for replicating such programs throughout the commonwealth. The commissioner shall also provide technical assistance to school districts seeking to replicate programs funded under said section.
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An Act expanding high school student access to earn industry recognized credentials
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S361
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SD2272
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:02:47.22'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:02:47.22'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 361) of John C. Velis for legislation to expand high school student access to earn industry recognized credentials. Education.
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SECTION 1. Chapter 69 of the General laws, as appearing in the 2022 official edition, is hereby amended by adding the following section:-
Section 37.
Section 1. (a) As used in this section, “Executive Office” shall mean the Executive Office of Labor and Workforce Development.
(b) As used in this section, “Department” shall mean the Department of Elementary and Secondary Education.
(c) As used in this section, “employment value” is an assessment of the value of a particular occupation based on the entry wage, growth rate in employment for such occupation, and average annual openings for such occupation.
Section 2. (a) The Executive Office shall provide the Department annually with a list of occupations in high need of additional skilled employees that either requires an industry-recognized certification, or for which such a certification will materially enhance a job applicant’s chances for employment and/or compensation. The Executive Office shall rank the list based on employment value. The top 20% of the list shall be deemed occupations of high employment value, provided, however, that no occupation shall be included on the list if it leads to an occupation with wages less than 70% of the average annual wage in the commonwealth unless the certification for such an occupation is stackable to another industry certification and is required for the next level of occupation, which does meet the 70% wage criterion.
(b) The Department shall make the current list available to all school districts in the Commonwealth and to the public on the Department’s website.
Section 3. (a) Subject to appropriation, the Department shall pay each school district a certification award calculated as follows:
(i) $750 for each student in the district who earns an industry-recognized certification for an occupation that has high employment value or an industry recognized certification that is recognized by any public institution of higher learning in the commonwealth as a basis for academic credit in such institution.
(ii) $600 for each student in the district who earns an industry-recognized certification that does not meet the criteria of the previous paragraph but addresses regional demands identified by the local MassHire Workforce Board.
The school district receiving a certification award must allocate at least 80% of any certification award to the school whose students obtained the qualifying certification. The allocation may not be used to supplant funds otherwise provided for the basic operation of the school. The school receiving a certification award must use the award to support or maintain the program, including the payment of stipends for instructors and the subsidization of fees for low-income students to obtain the certification.
(b) Subject to appropriation, the Department may pay a certification development award to a school district to support the development of programs to assist students in obtaining industry-recognized certifications described in subsection 3(a)(i). School districts may use a certification development award to develop instructors able to prepare students to obtain certification, to obtain equipment and other instructional materials to be used for such preparation, or any other purpose directly related to developing programs to assist students in obtaining a qualifying certification.
Section 4. The Department shall each year prepare an annual report on the progress made under this section including:
(a) The number of public school students who are seeking certifications for high demand occupations, identifying the number of such students who are low-income, ELL and/or SPED.
(b) The certifications earned by such students, including the number of each such certifications earned.
(c) An analysis of the extent, if any, to which the funding provided for the program during the year was insufficient to make the awards under section 3.
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An Act to expand dual enrollment for high school students in Gateway Cities
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S362
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SD2301
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:21:24.733'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:21:24.7333333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:52:25.94'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 362) of John C. Velis and Kelly W. Pease for legislation to expand dual enrollment for high school students in Gateway Cities. Education.
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SECTION 1. Chapter 15A of the General Laws, as so appearing in the 2022 edition, is hereby amended by inserting after section 9B the following new section:-
Section 9C. The department shall administer the Access College Early (ACE) Program, subject to appropriation, providing needs-based financial assistance for high school students eligible for the Commonwealth Dual Enrollment Partnership (CDEP). Such assistance shall be granted to students living in or attending high school in a gateway municipality, as defined in section 3A of chapter 23A, and who also qualify for or receive free or reduced-price lunch under the federally-funded school meals program. Students receiving financial assistance under the ACE Program will participate in CDEP at no cost and may earn up to 24 college credits.
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An Act to support communities and immigrants
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S363
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SD2412
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T17:00:07.09'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T17:00:07.12'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 363) of John C. Velis for legislation to support communities and immigrants. Education.
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Chapter 18 of the General Laws, as appearing in the 2022 official edition, is hereby amended by adding the following section:-
Section 40. An Act Relative to Educational Funding
(a) The department of education shall establish an assistance program to ensure municipalities that are experiencing sudden influxes of immigrant populations.
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An Act relative to promoting the betterment of resident health and safety in long term care facilities
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S364
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SD431
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:31:27.86'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:31:27.86'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-07T16:12:10.3333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T09:49:36.1833333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 364) of Julian Cyr and Angelo J. Puppolo, Jr. for legislation relative to promoting the betterment of resident health and safety in long term care facilities. Elder Affairs.
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Section 1. Chapter 111 of the Massachusetts General Laws is hereby amended by inserting the following new sections after Section 72BB:-
Section 72CC.The department, through its division of health care facility licensure and certification, shall establish and implement a prescribed process and program for providing training and education to providers licensed by the department. The department shall consult with the industry trade associations, before requiring any new regulatory guidance, regulation, interpretation, program letter or memorandum, or any other materials used in surveyor training to survey licensed providers.
The process, training, and education shall include, but not be limited to, the following:
(1) annual training for long term care facilities on the licensure and certification process. This training shall include, but not be limited to, the department’s interpretation of the general laws, rules, regulations, procedures, and policies concerning the licensure and certification process for such long-term care facilities;
(2) biannual training of long-term care providers on the most frequently cited deficiencies, identified deficiency trends, both state and federal, and best practices to ensure resident quality of care; and
(3) training of long-term care providers and the department survey inspectors jointly on the department's new expectations; and
Training shall be interactive, with the sharing of information and recommendations between long term care facilities and the department on issues and topics.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act relative to LGBT and HIV positive seniors in the commonwealth
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S365
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SD446
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:26:38.767'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:26:38.7666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T16:06:59.39'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-07T16:32:28.0966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:32:28.0966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-22T13:57:26.0466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T11:39:37.0633333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 365) of Julian Cyr, Jack Patrick Lewis, Patricia D. Jehlen, Sal N. DiDomenico and others for legislation relative to LGBT and HIV positive seniors in the commonwealth. Elder Affairs.
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Chapter 19A of the General Laws is hereby amended by adding the following section:-
Section 44. For the purposes of administering the federal Older Americans Act of 1965 and subsequent amendments thereto, the term "greatest social need", as defined in 42 U.S.C. 3002(24), shall mean the need caused by non-economic factors that restrict an individual's ability to perform normal daily tasks or that threaten the individual’s capacity to live independently. These factors shall include, but are not limited to, physical or mental disability, language barriers and cultural or social isolation caused by, among other things, racial and ethnic status, sexual 8orientation, gender identity or expression or HIV status.
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An Act protecting vulnerable elders from abuse
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S366
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SD133
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:11:19.8'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:11:19.8'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 366) of James B. Eldridge for legislation to protect vulnerable elders from abuse. Elder Affairs.
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SECTION 1. Section 4 of chapter 19A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The department shall be the principal agency of the commonwealth to mobilize the human, physical, and financial resources available to plan, develop, and implement innovative programs to insure the dignity and independence of all elderly persons in the commonwealth, including the planning, development, and implementation of a home care program for the elderly in the communities of the commonwealth.
SECTION 2. Section 14 of said chapter 19A, as so appearing, is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraphs:-
“Abuse”, (a) an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; (b) the failure, inability or resistance of a caretaker to provide for the elderly person one or more of the necessities essential for physical and emotional well-being without which the elderly person’s safety would be compromised; or (c) the failure, inability, or resistance of an elderly person to provide for themself one or more of the necessities essential for physical and emotional well-being without which the elderly person’s safety would be compromised. No person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof. No elderly person residing in a prison or house of correction shall be considered to be abused or neglected for the sole reason that a staff member, contractor, or volunteer uses physical contact with the person which harms that person, if: (a) the physical contact with the elderly person occurs in the course of carrying out the staff member, contractor, or volunteer’s official duties performed in accordance with the regulations contained at 103 C.M.R.; and (c) both the type of physical contact involved and the amount of force used are necessary in order to carry out the staff member, contractor, or volunteer’s official duties.
Physical contact with an elderly person residing in a prison or house of correction which harms that elderly person, and which occurs for the purpose of retaliating against that elderly person, shall constitute abuse.
SECTION 3. Said section 14 of said chapter 19A, as so appearing, is hereby further amended by striking out the third paragraph, and inserting in place thereof the following paragraph:-
“Caretaker”, the person or agency responsible for the care of an elderly person, which responsibility may arise: (a) as the result of a family relationship; (b) by a voluntary or contractual duty undertaken on behalf of an elderly person, or (b) by a fiduciary duty imposed by law. Caretakers shall include any person or agency responsible for an elderly person’s health or welfare in any custodial or residential facility unless that facility is licensed under sections 51, 57D or 71 of chapter 111. A person or agency responsible for the health or welfare of an elderly person who has been involuntarily committed under chapter 123 shall be a caretaker, even if the facility in which the elder resides is licensed under sections 51, 57D, or 71 of chapter 111.
SECTION 4. Said section 14 of said chapter 19A, as so appearing, is hereby further amended by adding the following paragraph:-
“State agency”, any agency of the commonwealth, including town, city, county, and other municipal government agencies, that provides services or treatment to elderly persons, including private agencies providing such services or treatment pursuant to a contract or agreement with an agency of the commonwealth.
SECTION 5. Section 15 of said chapter 19A, as so appearing, is hereby amended by striking out subsections (d), (e), and (f) and inserting in the place thereof the following subsections:-
(d) No person required to report pursuant to the provisions of subsection (a) shall be liable in any civil or criminal action by reason of such report; provided, however, that such person did not perpetrate, inflict or cause said abuse. No other person making such a report pursuant to the provisions of subsection (b) or (c) shall be liable in any civil or criminal action by reason of such report if it was made in good faith; provided, however, that such person did not perpetrate, inflict or cause said abuse. Any person making a report under subsection (a), (b) or (c) who, in the determination of the department or the district attorney may have perpetrated, inflicted or caused said abuse may be liable in a civil or criminal action by reason of such report.
(e) No person, employer, or agency may discharge, demote, transfer, reduce pay, benefits or work privileges, prepare a negative work performance evaluation, or in any manner discriminate against or thereafter take any other retaliatory action against any employee, client or other person for filing a report with the department, testifying in any department proceeding or providing information to the department or their designee in the course of an investigation of alleged abuse of an elderly person. Any person who takes such prohibited action against an employee, client or other person may be liable to that employee, client or other person for treble damages, costs and attorney's fees. If the party alleged to have retaliated under this section was a state agency, sovereign immunity shall not be a defense to the action. A violation of an employee's rights under this section shall constitute a prohibited retaliatory action under subsection (b) of section 185 of chapter 149 if the employee is an employee for purposes of said section 185. A person who willfully files a false report of abuse with the department or willfully testifies falsely or willfully provides the department or any designated investigating agency with false information in the course of an investigation or any other department proceeding shall not be afforded the protections of this subsection.
(f) Reports made pursuant to subsections (a) and (b) shall contain the name, address where the elderly person may be contacted, and approximate age of the elderly person who is the subject of the report, information regarding the nature and extent of the abuse, the name of the person's caretaker, if known, any medical treatment being received or immediately required, if known, any other information the reporter believes to be relevant to the investigation, and the name and address of the reporter and where said reporter may be contacted, if the reporter wishes to provide said information. The department shall publicize the provisions of this section and the process by which reports of abuse shall be made.
SECTION 6. Said section 15 of said chapter 19A, as so appearing, is hereby amended by adding the following subsection:-
(g) Any privilege established by sections one hundred and thirty-five A and one hundred and thirty-five B of chapter one hundred and twelve or section twenty B of chapter two hundred and thirty-three relating to the exclusion of confidential communications shall not prohibit the filing of a report pursuant to the provisions of subsection (a), (b) or (c).
SECTION 7. Section 16 of said chapter 19A, as so appearing, is hereby amended by striking out subsection (a) and asserting in place thereof the following subsection:-
(a) Subject to appropriation, the department shall develop a coordinated system of protective services for all elderly persons in the commonwealth, except those residing in facilities licensed under sections 51, 57D, or 71 of chapter 111, who are determined to be abused. The protective services system shall also extend to any elderly persons who have been involuntarily committed pursuant to chapter 123, even if they reside in a facility licensed under sections 51, 57D, or 71 of chapter 111. In planning this system, the department shall require input from other protective service agencies and other agencies currently involved in the provision of social, health, legal, nutritional and other services to the elderly, as well as elderly advocacy organizations.
SECTION 8. Section 16 of said chapter 19A, as so appearing, is hereby amended by adding the following subsections:-
(g) If the department receives a report which alleges the abuse of an elderly person whose caretaker is a state agency, the department shall notify the general counsel of the office of the secretary of health and human services, or his designee, within such office, and the state agency which provides services to the elderly person. The department shall investigate the abuse and arrange for protective services, as provided in section 18. The department shall take reasonable steps to avoid unnecessary, unwarranted or counterproductive duplication between any internal investigation or inquiry by the state agency and the department’s investigation. The state agency may, at its discretion, utilize the department’s investigation in lieu of an internal investigation conducted by said state agency.
(h) The department is authorized to gain immediate access to facilities controlled by state agencies upon receiving a report of elder abuse in such facilities, and to request the disclosure of documents pertaining to allegations of abuse occurring within such facilities.
(i) If the department receives a report which alleges the abuse of an elderly person whose caretaker is not a state agency, and who: (1) resides in a facility not licensed under sections 51, 57D or 71 of chapter 111; or (2) is involuntarily committed pursuant to chapter 123, the department shall investigate the abuse and arrange for protective services, as provided in section 18.
(j) If the department receives a report which alleges the abuse of an elderly person who resides in a facility licensed under sections 51, 57D, or 71 of chapter 111, who is not involuntarily committed pursuant to chapter 123, the department shall refer immediately such report to the department of public health.
(k) The department shall provide training to all employees conducting investigations or furnishing protective services to elderly persons in the care of state agencies that is specifically focused on best practices when responding to claims of abuse in prisons, jails, commitment centers, and other custodial settings.
(l) The department shall issue and implement regulations to ensure that elders in prisons, jails, civil commitment centers, houses of correction, and similar facilities are notified of the department’s protective services program and how to report abuse under this chapter.
SECTION 9. Said chapter 19A is hereby further amended by striking out section 18, as so appearing, and inserting in place thereof the following section:-
(a) The department or its designated agency shall assess and evaluate the information reported pursuant to the provisions of section fifteen.
Such assessment shall include a visit to the residence of the elderly person who is the subject of the report, or the facility in which they are living, and may include consultations with appropriate service agencies and individuals who have knowledge of the elderly person's situation including the person filing the report. The elderly person who is the subject of the report shall receive written notice that an assessment is being conducted and shall have the right to review the file and report developed as a result of the assessment.
(b) If the elderly person resides in a facility, the assessment shall include a visit to the facility, an evaluation of the environment of the facility, and a written determination of the risk of physical or emotional injury to any other residents or elderly persons in the same facility.
(c) If the assessment results in a determination that the elderly person is suffering from abuse, the department or the designated agency shall evaluate the elderly person's functional capacity, situation, and resources and shall develop a service plan for the provision of protective services. Said plan shall be appropriate to the needs of the elderly person and shall utilize the least restrictive alternatives.
The department shall adopt rules and regulations establishing time limits for the completion of assessments and evaluations and for the implementation of service plans; provided, however, that if an emergency exists, assessments shall be completed within twenty-four hours of the receipt of the report.
If an assessment results in a determination that the elderly person has suffered serious abuse, the department or designated agency shall report such determination to the district attorney of the county where the abuse occurred within forty-eight hours. The district attorney may investigate and decide whether to initiate criminal proceedings.
(d) If the elderly person’s caretaker is a state agency, upon the completion of the assessment, the department may forward a copy of the report developed as a result of the assessment to the state agency and any other agency of the Commonwealth who has jurisdiction over the alleged victim, the matter under investigation, or associated professional misconduct, including, but not limited to, the attorney general or appropriate district attorney, for possible prosecution or the imposition of remedial or disciplinary measures in accordance with the requirements of any applicable law or regulation.
The report shall contain the information acquired during the assessment and all other information deemed appropriate by the department, including appropriate recommendations to remedy any substantiated abuse and improve the safety of elderly persons cared for by the state agency.
In addition, regardless of whether abuse is substantiated or not, the designated investigator may make a determination that a violation of other state statutes and/or regulations may exist and whether such a violation poses a risk of harm to elderly persons. If such a violation is suspected the investigator may make recommendations regarding actions needed to remedy the suspected violation, including, but not limited to, referral of the matter to the appropriate agency of the commonwealth that has jurisdiction over the violation.
(e) The department or the designated agency shall provide or arrange for protective services in accordance with the service plan developed pursuant to the provisions of subsection (c). Protective services shall include, but not be limited to, the following: the capacity to respond to an emergency; protective services case work; the capacity to provide or arrange for a homemaker, home-health aide, transportation, legal assistance, counseling, nutrition services, guardianship and conservatorship, protective order through the court, emergency shelter, foster care, adult day care services, assistance in applying for medical parole, as described in section 119A of chapter 127, and assistance in applying for a reasonable accommodation.
(g) The department or the designated agency is authorized to arrange for additional services necessary to assist and protect elderly persons who have been abused, including, but not limited to, the following: medical care, mental health care and emergency financial assistance.
SECTION 10. Section 22 of said chapter 19A, as so appearing, is hereby amended by adding the following paragraph:-
No elderly person residing in a prison, jail, civil commitment center, house of correction, or similar facility shall be charged for the provision of protective services.
SECTION 11. Said chapter 19A is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-
(a) Within 120 days following the end of each fiscal year, the department shall submit a report to the governor, the general court and the public which shall include a description of the activities of the department and all designated agencies pursuant to sections fourteen to 26, inclusive, during the preceding fiscal year. Said report shall contain:
(1) statistical information about the number and types of reports received under section fifteen;
(2) the results of the assessments and evaluations conducted and the amount, type and costs of services provided under section eighteen;
(3) information on the quality of services provided and the results of such services in terms of alleviating abuse;
(4) the number of reports of abuse of elderly persons in the care of a state agency;
(5) the number of reports of abuse of elderly persons in the care of a state agency that resulted in a substantiated finding of abuse;
(6) the number of cases referred by the department to a prosecutor;
(7) the number of cases referred to a prosecutor in which the elderly person who was abused was in the care of a state agency;
(8) any recommendations issued by the department to a state agency for the purpose of preventing and remediating elder abuse;
(9) the number of reports of abuse of elderly persons in covered facilities, who are not in the care of a state agency; and
(10) the number of reports of abuse of elderly persons in covered facilities, who are not in the care of a state agency, which resulted in a substantiated finding of abuse.
(b) Said report shall identify problems that may arise in the implementation of this chapter and shall contain the recommendations of the department for action on the part of the legislature.
(c) Within 120 days following the end of each fiscal year, each state agency responsible for the care or custody of elderly persons shall submit a report to the governor, the general court and the public, describing the state agency’s actions taken during the preceding three fiscal years in response to recommendations issued to the state agency by Elder Affairs, if any recommendations were made during the preceding three fiscal years. Said report shall also include the number and type of employment actions taken as a result of substantiated findings of abuse of elderly persons within the agency’s care.
SECTION 12. Section 25 of said chapter 19A, as so appearing, is hereby amended by striking out the word “twenty-four,” and inserting in place thereof the word “twenty-six.”
SECTION 13. Said chapter 19A is hereby further amended by striking out section 26, as so appearing, and inserting in place thereof the following section:-
Section 26.
(a) Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies, nor shall this chapter be construed to relieve any such department or agency of its obligations to investigate and respond appropriately to alleged incidents of abuse.
(b) If the department determines that an investigation under this section or section 18 would duplicate or interfere with an ongoing investigation by law enforcement officials concerning possible criminal conduct arising out of the same conduct, it may, in consultation with the secretary of health and human services, delay or defer such investigation, if the department determines that the health and the safety of elderly persons shall not be adversely affected thereby and that the department's ability to conduct a later investigation shall not be unreasonably impaired by such delay or deferral. In all cases including, but not limited to, those in which the department agrees to delay or defer its investigation, the attorney general or district attorney shall keep the department informed of the status of the criminal investigation and the department shall provide to the attorney general or the district attorney any and all information that may be relevant to the criminal investigation. In cases in which the department agrees to delay or defer its investigation, it shall monitor the progress of the criminal investigation and shall determine, after consultation with such law enforcement agencies, when or whether the department’s investigation should be initiated or resumed.
(c) If the department or a protective services agency receives a report of abuse of an elderly person who is in the care or custody of a state agency, the state agency shall immediately allow the department or the protective services agency to enter and inspect facilities of the state agency. The state agency shall furnish a space in which an investigator or investigators may meet confidentially with the elderly person and any necessary witnesses for any length of time deemed necessary by the protective services agency. The state agency shall allow the investigator to meet with the elderly person and any necessary witnesses. If the elderly person is in need of medical care, the investigator shall collaborate with the state agency to ensure that the elderly person receives appropriate medical care.
(d) The department shall have full access to any facility run by a state agency which is responsible for the care of elderly persons, in consultation with the leaders of the state agency. The state agency shall provide the department access to any relevant records pertaining to a report of abuse and the alleged victim.
(e) If, upon completion of investigation of a report of abuse of an elderly person whose caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or whenever, upon its own motion, the department determines that a formal hearing is necessary to ascertain the scope and remedy of such abuse of elderly persons whose caretaker is a state agency, the department may initiate a formal investigation, including a hearing, to determine the nature and the extent of such abuse and what recommendations, if any, should be made with respect to such occurrence. Testimony in department proceedings may, in the discretion of the department, be recorded and taken under oath. The department may, in its discretion, permit any party to testify, to call and examine witnesses, to introduce evidence or to cross-examine witnesses. Before testifying, all witnesses shall be given a copy of the regulations governing the department proceedings. Each witness shall be entitled to be represented by counsel and may refuse to submit evidence or give testimony if such evidence or testimony could tend to incriminate him. All proceedings of the department shall be public unless the department, in consultation with the secretary of health and human services, votes to go into executive session. Any person whose name is mentioned during a proceeding under this section and who may be adversely affected by any action of the department as a result of the proceedings shall have the right to appear personally, to be represented by counsel in connection with the proceedings, to call and examine witnesses, to introduce evidence or to cross-examine witnesses.
(f) Upon the completion of any formal investigation, the department shall: (1) issue a written report and refer the same to the appropriate state agency. Such report shall contain findings of fact concerning the alleged occurrence of abuse that was the subject of the investigation, together with a finding as to whether or not such abuse did occur and, if so, what actions are necessary to remedy the causes of such abuse or to prevent its reoccurrence; (2) refer any matters for which there is reason to believe that a crime has been committed to the attorney general, the United States attorney or a district attorney for the county wherein such crime was committed; (3) refer any matters for which there is reason to believe that employee misconduct has occurred to the state agency employing such person for imposition of disciplinary measures in accordance with the requirements of any applicable law, regulation or collective bargaining agreement; or (4) refer any matters for which there is reason to believe that misconduct has occurred by a contractor with a state agency or by such contractor's agent, to the state agency contracting with such party for termination of such contract or for such other action as may be deemed appropriate by such state agency.
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An Act to increase awareness of community based PACE programs for older adults
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S367
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SD138
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:14:45.363'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:14:45.3633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T09:17:39.44'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-16T09:49:54.39'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:10:51.45'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T11:08:19.0333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T16:20:42.15'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-27T09:45:19.6366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-28T13:58:56.5933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-30T16:06:58.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S367/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 367) of James B. Eldridge, Joanne M. Comerford, Daniel M. Donahue and Anne M. Gobi for legislation to increase awareness of community based PACE programs for older adults. Elder Affairs.
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SECTION 1. Section 4 of chapter 19A of the general laws is hereby amended by adding in subsection (d) after the word “persons”, the following:-
“including, but not limited to, providing information about the Program of all-inclusive care for the elderly (PACE) pursuant to 42 CFR Part 460.60”;
SECTION 2. Section 4B of chapter 19A of the general laws is hereby amended by adding in the fourth paragraph after the words “referral services to elders” in subsection (1) the following:-
“provided, that said information and referral services shall include, but not be limited to, information about the Program of all-inclusive care for the elderly (PACE) pursuant to 42 CFR Part 460.60;”
SECTION 3. Section 9 of chapter 118E of the general laws is hereby amended by striking paragraph four and adding in place there of the following:-
“A person seeking admission to a long-term care facility paid for by MassHealth shall receive pre-admission counseling for long-term care services, which shall include an assessment of community-based service options including but not limited to the Program of all-inclusive care for the elderly (PACE) pursuant to CFR Part 460.60. A person seeking care in a long-term care facility on a private pay basis shall be offered pre-admission counseling. For the purposes of this section, pre-admission counseling shall be conducted by the executive office of health and human services or the executive office of elder affairs or their subcontractors. The executive office of elder affairs shall, in consultation with the office of acute and ambulatory care in the executive office of health and human services, study the advisability and feasibility of using certain Medicaid providers to provide pre-admission counseling. The division shall report to the general court on an annual basis the number of individuals who received pre-admission counseling under this section and the number of diversions to the community generated by the pre-admission counseling program.”
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An Act relative to emergency lighting in senior housing
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S368
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SD150
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:32:17.98'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:32:17.98'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S368/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 368) of James B. Eldridge for legislation relative to emergency lighting in senior housing. Elder Affairs.
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SECTION 1. Section 72 of Chapter 111 of the Massachusetts General Laws, as so appearing in the 2016 Official Edition, is hereby amended by inserting the following section:-
Section 72CC – senior housing facilities; lighting
(a) All senior housing facilities financed or subsidized by state or federal housing programs shall provide an emergency lighting system for residents’ rooms to supply emergency lighting for a period of at least one and one half hours. The emergency lighting unit may be hard-wired or plug in. The building’s managing authority shall maintain the emergency lighting unit in proper working order and shall inspect it at least annually.
(b) The department of public health shall make such rules and regulations as may be necessary to carry out the provisions of this section, and shall set standards of lighting for senior housing facilities.
(c) The department or its agents and the board of health and its agents of the city or town where the senior housing is located may inspect such facility at any time to ascertain that functioning power outage lights are present in every unit and notify building management of the lack thereof.
SECTION 2. Section 72 of said chapter, as so appearing, is further amended by inserting the following section:-
Section 72DD – senior housing facilities; notice of violations; plan of correction; penalties; enforcement
(a) The department shall, after every inspection by its agent, give the managing authority of the inspected facility notice in writing of every violation of the applicable rules and regulations of the department found upon said inspection.
(b) The managing authority of the premises shall repair or replace non-functioning emergency lights within sixty days.
(c) The department may modify any nonconforming plan upon notice in writing to the licensee. Failure to remedy or correct a cited violation by the date specified in a written notice or failure to remedy or correct a cited violation by the date specified in a plan for correction as accepted or modified by the department, as the case may be, shall be cause for civil fine as may be imposed upon the licensee after complaint.
SECTION 3. The provisions of this act shall become effective 90 days from the passage of this act.
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An Act to ensure senior care organization quality and accountability
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S369
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SD1292
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:35:05.437'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:35:05.4366667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-24T10:39:59.51'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-24T10:39:59.51'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T13:30:10.6266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-07T16:55:14.37'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-07T16:55:14.37'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-07T16:55:14.37'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T12:01:54.79'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-24T15:57:43.3666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S369/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 369) of Barry R. Finegold, Mathew J. Muratore, David Henry Argosky LeBoeuf, David Paul Linsky and other members of the General Court for legislation to ensure senior care organization quality and accountability. Elder Affairs.
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Section 9D of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after paragraph (6) of subsection (e), the following paragraph:-
(7) In contracting with a nursing home licensed under section 71 of chapter 111 of the General Laws, any MassHealth Senior Care Options program with which the MassHealth agency contracts to provide and coordinate services on a capitated basis shall reimburse the nursing home for care and services provided to a MassHealth member at an amount no less than the Medicaid fee-for-service payments rates established in 101 CMR 206: Standard Payments to Nursing Facilities; provided, however, that such reimbursement payments shall include room and board and all rate add-ons specified pursuant to 101 CMR 206, for the purposes of ensuring access to critical services and to facilitate transitions from hospitals to nursing facilities.
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An Act relative to protecting the residents of the Commonwealth
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S37
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SD1992
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T11:25:53.887'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T11:25:53.8866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T14:51:08.71'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S37/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 37) of Patrick M. O'Connor and Michael J. Soter for legislation to protect the residents of the Commonwealth. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 7D of the Massachusetts General Laws is hereby amended to add the following new section:
Section 12:
(a). Definitions:
(1) “Social Media Company” - A social media company means any entity that operates, directly or indirectly, including through a parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that:
(i) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile;
(ii) sells digital advertising space;
(iii) has more than 1,000,000 monthly active users for a majority of months during the preceding 12 months;
(iv) enables one or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application; and
(v) enables users to view content generated by other users of the website, desktop application, or mobile application.
This definition does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is to allow users to post product reviews, business reviews, or travel information and reviews, or to provide emergency alert services.
A social media company described in this subsection is a social media company that meets one or more of the following:
(i) The company is domiciled in, headquartered in, has its principal place business in, or is organized under the laws of a country of concern.
(ii) A country of concern, entity of concern, or some combination thereof, directly or indirectly owns, controls with the ability to decide important matters, or holds with power to vote, ten percent or more of the outstanding voting stock or shares of the company.
(iii) The company employs software or algorithms controlled or whose export is restricted by a country of concern or entity of concern.
(iv) The company is subject to substantial influence, directly or indirectly, from a country of concern or entity of concern owing to which—
the company shares or could be compelled to share data on United States citizens with a country of concern or entity of concern; or
the content moderation practices of the company are subject to substantial influence from a country of concern or entity of concern.
DEEMED COMPANIES.—The following companies shall be deemed to be social media companies described in this subsection as of the date of the enactment of this Act:
Bytedance, Ltd,
TikTok,
WeChat,
A subsidiary of or a successor company to a company listed in subparagraph (a),(b), or (c).
A company owned or controlled directly or indirectly by a company listed in subparagraph (a), (b) or (c).
(2) “Country of Concern” – A country of concern include the People’s Republic of China (including Hong Kong and Macau), Russia, Iran, North Korea, Cuba, and Venezuela.
(3) “Entity of Concern” - means— (i) a governmental body at any level in a country of concern; (ii) the armed forces of a country of concern; (iii) the leading political party of a country of concern;(iv) an individual who is a national of a country of concern and is domiciled and living in a country of concern, and who is subject to substantial influence, directly or indirectly, from a country of concern; or (v) a private business or a state-owned enterprise domiciled in a country of concern or owned or controlled by a private business or state-owned enterprise domiciled in a country of concern.
(4) “Employee” – means any elected or appointed, officers or employees of any agency, department, division, bureau, or any political subdivision of the commonwealth, county, or municipality, whether serving full or part-time, temporary or permanent, compensated or uncompensated, and officers or soldiers of the military forces of the commonwealth.
(5) “Electronic devices” – means any government issued devices, including but not limited to commonwealth, county, and municipally issued cell phones, laptops, or other devices capable of connecting to the internet except for public safety purposes.
(b.) No employee of the commonwealth, county, or municpality shall use or download any applications or software from any social media company as described in subsection a. of this section on to Commonwealth owned electronic devices.
(c.) The Secretary of the Executive Office of Technology Services and Security will:
develop and implement a plan to remove any referenced hardware products from the commonwealth, county, and municipal networks;
remove any referenced software products from the commonwealth, county, and municipal network;
Implement measures to prevent the installation of referenced hardware and software products on commonwealth owned or managed technology assets;
Implement network-based restrictions to prevent the use of, or access to prohibited services;
Include risks associated with these technologies into the Commonwealth’s Cybersecurity Awareness Training Program through the Office of the Comptroller.
The secretary will continually monitor and update the list in subsection a. of this act.
(d.) (1) The secretary will additionally file a report with the Legislature relative to the risks of the social media companies described in subsection (a.) no later than 180 days following the passage of this act.
(2) Annually, no later than December 31, the secretary shall reassess and report on the risks of social media companies described in subsection (a) and any policy recommendations to the governor, and the clerks of the house of representatives and the senate.
(e.) This act will take effect immediately following its passage.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect residents of the Commonwealth from the threat posed by certain foreign adversaries using current or potential future social media companies that those foreign adversaries control to surveil residents of the Commonwealth , therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
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