Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 74 of the General Laws is hereby amended by striking out sections 1 to 6, inclusive, as appearing in the 1986 Official Edition, and inserting in place thereof the following nine sections:-

Section 1. The following words, as used in this chapter, shall have the following meanings unless the context otherwise requires:)

"Commissioner", the commissioner of education.

"Approved", the approval of specific vocational-technical programs by the commissioner of education, acting through the division of occupational education, following investigation and determining the appropriateness of programs as to organization, control, location, equipment, courses of study, qualifications of teachers, methods of instruction, conditions of admissions of student, employment of students and expenditures.

"State board", the board of education.

"Forms of vocational-technical education", the classification of vocational-technical educational programs which lead employment or continuing preparation for employment associated with agriculture, allied health, automotive, construction, marketing, service occupations, industrial-manufacturing programs and technical programs.

"Agricultural programs", the preparation of students for occupations connected with agriculture, the care of domestic animals, forestry and other wage earning or productive work on farm land. The term agricultural supplies, horticulture and agricultural and natural resources.

"Allied health programs", the preparation of students for occupations connected with health, to include direct and indirect care of patients and other wage earning or productive work within the health care area and related services.

"Automotive programs", the preparation of mechanics and technicians for any type of engine-powered vehicle.

"Construction programs", the preparation of students for occupations in the areas of carpentry, plumbing, painting, electricity, heating, ventilation and air conditioning and other areas of construction.

"Marketing education programs", the development of competent workers engaged in marketing, sales and such administrative supporting functions as buying, receiving, storing, shipping, promoting, financing, market research, and management. These activities are found in such areas as retail and wholesale trade, banking, and finance, insurance, real estate, service trades, manufacturing, utilities and communications. Such phrase shall not include the following occupations: stenographer, secretary, typist nor industrial workers in transportation activities.

"Industrial-manufacturing programs", the development of workers for occupations involving the manufacturing or fabrication of products in either heavy or light industry.

"Technology programs", the preparation of students for occupations or further education in such areas as: electronics, drafting, computers, electromechanical.

"Service programs", the preparation of students in the occupational areas of hotel and lodging, cosmetology, child care.

"Part time class", towns, cities, regional and county school districts and independent schools may operate part-time and evening vocational-technical classes approved by the commissioner under the state board.

"Cooperative education", a program of vocational-technical education for persons who, through a cooperative arrangement between the school and employers, receive instruction, including required academic courses and related vocational-technical instruction, by the alternation of study in school with a job in any occupational field. Such instruction shall be planned and supervised by the school and the employer so that each contributes to the student's education and employability. Work periods and school attendance may be on alternate half-days, full days, weeks or other coordinated periods of time.

"Articulation", is the educational process whereby curricular interaction occurs across grade levels and links programs between educational levels.

Horizontal articulation provides the curricular process which serves to strengthen a student's mastery of interacting concepts and skills across all academic and educational levels.

Vertical articulation provides the curricular vehicle which allows a student to progress by competencies from a vocational-technical program at one educational level to the same program area at a higher educational level, for example, between secondary and postsecondary education.

Section 2. The commissioner, under the direction of the state board, shall investigate and promote vocational-technical schools, and initiate and superintend the establishment of schools for the aforesaid form of education and shall supervise and approve such schools as provided in sections one to thirty-seven, inclusive.

The commissioner, under the direction of the state board, shall approve or disapprove vocational-technical programs in accordance with regulations published by the state board; provided, however, that approval shall not be granted to a vocational-technical program that includes less than fifty per cent of school time devoted to vocational-technical study, except as provided in section thirteen.

Section 2A. The commissioner shall establish rules and regulations to promote the employment of vocational-technical students during their studies by the city or town in which said students attend school, or in the case of a regional or county agricultural school district, the cities and towns comprising said district. Students shall not be permitted to perform work on projects which are outside such city or town unless said projects have exceptional value as determined by the commissioner.

Section 3. Towns may, through school committees or boards of trustees elected for not more than five years, and known as local trustees for vocational-technical education, establish and maintain independent or vocational-technical schools.

Section 4. Independent vocational-technical schools may be established and maintained by districts composed of two or more towns, through boards to be known as district trustees for vocational-technical education, consisting either of the chairman and two other members of the school committees of each town, to be appointed by such committees, or of three residents of each, to be elected by the town.

Section 5. District trustees under the preceding section shall adopt, for one year or more, plans or organization, administration and support of such schools, which shall be binding on the towns made parties thereto, and shall not be altered or annulled except by two-thirds votes of such trustees, with the consent of the commissioner under the direction of the state board.

Section 5A. Independent vocational-technical schools may be established under sections fourteen and fifteen of chapter seventy-one, if the agreement for the establishment of the regional school district, either as originally adopted or as subsequently amended, so provides, and for that purpose the regional district school committee shall have the powers and perform the duties conferred or imposed by law upon local trustees for vocational-technical education, and may be known as a board of regional school district trustees for vocational-technical education.

Section 5B. Regional school districts or cities and towns which are not members of vocational-technical regional school districts, may through educational collaboratives formed under the provisions of section four E of chapter forty, conduct vocational-technical education programs approved under the provision of this chapter.

Section 6. Each school district, county agricultural school, collaborative or municipality operating an approved vocational-technical program shall, under a plan approved by the commissioner under the direction of the state board, appoint advisory committees composed of representatives of local business and industry related to the program, organized labor, parents and students, which shall consult with and advise the trustees and other school officials managing and supervising such schools.

SECtION 2. Said chapter 74, as so appearing, is hereby further amended by striking out sections 7A and 7B, as so appearing, and inserting in place thereof the following two sections:-

Section 7A. For the tuition in an approved vocational-technical program of any regional or county agricultural school district, city, town, independent school or collaborative of any pupil placed in such school by the department of social services, the commonwealth or the city of Boston, as the case may be, shall pay to said school the tuition fee established by the commissioner under the direction of the state board.

Section 7B. An apprentice, as defined in section eleven H of chapter twenty-three shall, upon the concurrence of the commissioner of labor and industries, be approved by the commissioner under the direction of the state board for related vocational-technical training in any city, town, regional district or independent school, regardless of residential qualification. Related classes for an approved apprenticeship program shall be conducted in a single school system, unless the commissioner, in agreement with the commissioner of labor and industries, determines that it would be in the best interest of said program to conduct such classes in more than one such school system.

SECTION 2A. Section 8 of chapter 74 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Tuition shall be paid in two equal installments in each school year of attendance, one in January and one in June, or on a pro-rated monthly basis if a nonresident student fails to apply for his first year of admission on or before April first of the preceding school year. The commissioner may direct that the resident community's tuition payment for said first year be paid in full in July of the fiscal year after the student completes his first year of nonresident attendance including penalties that commissioner may determine.

SECTION 3. Section 14B of said chapter 74, as appearing in the 1986 Official Edition, is hereby amended by striking out the first two sentences and inserting in place thereof the following two sentences:- In any city or town which accepts the provisions of this section, any income received in a fiscal year not exceeding, in the aggregate, fifteen thousand dollars derived from the purchase and sale of products produced in the culinary arts subject area of the home economics program, or any other vocational-technical program conducted in any public vocational-technical high school shall be deposited in a special fund by the school committee in any banking institution in the commonwealth. Expenditures may be made from said fund by the school committee for purposes needed for the culinary arts subject area or in the case of a fund established for any other program, such funds may be expended for the purposes of such program area without further appropriation, notwithstanding the provisions of section fifty-three of chapter forty-four; provided, however, that said special funds shall not be used to pay the salary of any employee, and in any fiscal year no more than five thousand dollars from said funds shall be used in the purchase of equipment.

SECTION 4. Said chapter 74 is hereby further amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-

Section 17. Boards or officers having power to take land for school purposes in cities may take, by eminent domain under chapter seventy-nine, land therein not already appropriated to public use, or lease or purchase land either within or without the city limits, for the purpose of section fifteen. A school committee may erect suitable building on land so acquired, and provide, on terms not involving loss to the city, for the use of plots of ground and for the temporary housing of pupils complying with its regulations and not having access to other land suitable for proper instruction.

SECTION 4A. Chapter 74 of the General Laws is hereby amended by striking out section 18, as so appearing, and inserting in place thereof the following section:-

Section 18. 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 and shall have successfully completed an approved seminar on teaching skills and methods.

The commissioner under the direction of the state board shall encourage the establishment of a two year certificate program and a four year preservice program for the preparation of vocational-technical teachers. Said board shall promulgate regulations governing the administration of the vocational-technical education program and the establishment of criteria for the inclusion of the basic and two year programs.

SECTION 5. Said chapter 74 is hereby further amended by striking out sections 20 to 22, inclusive, as so appearing, and inserting in place thereof the following four sections:-

Section 20. The state treasurer shall be the custodian of federal funds allocated to the commonwealth for vocational-technical education. The funds so allocated from the federal government shall be expended with specific appropriation under the direction of the state board.

Section 21. Subject to section twenty, the funds received under the act of Congress may be paid out, on requisition of the state board, as reimbursement for expenses already incurred, to approved schools.

Section 21A. Schools which offer approved chapter seventy-four full time programs shall, subject to appropriation, receive state vocational-technical aid from this section and chapter seventy of the General Laws equal to no less than thirty-five per cent of their annual expenditure for the year two years previous. Such state vocational-technical aid from this section and excluding only the following: (a) capital costs covered by a bond issue, (b) expenditures made from state, federal and private grants or charities, (c) transportation costs which shall be reimbursed separately, (d) school lunch and breakfast costs.

In the case of regional school districts, aid from this section shall be required to reduce assessment and tuition costs to cities and towns in the following fiscal year. The commissioner under direction of the state board may compute an adjusted payment of state vocational-technical aid for any regional or county district, city, town or independent school that undergoes reorganization and applies for adjusted aid under guidelines developed by the state board.

Section 22. The state board may use the funds received under the act of Congress mentioned in section twenty as supplementary to state aid for salaries of teachers of vocational-technical subjects in schools complying therewith. It may also use such funds (1), for salaries of teachers giving types of training selected by it as especially needing stimulus; or (2), for competency-base programs for the pedagogical preparation of teachers of vocations selected by it; or (3), to arrange with schools and colleges to give the training to teachers of vocations under its supervision; or (4), to enable local school authorities to conduct, under its supervision, inservice training of vocational-technical teachers; or (5), for travel as provided for under said act of Congress. Such payments shall be subject to conditions prescribed by said board.

SECTION 5A. Chapter 74 of the General Laws is hereby amended by striking out section 22D, as so appearing, and inserting in place thereof the following section:-

Section 22D. Said state board is hereby directed to cooperate with the veterans administration in carrying out the provisions of federal laws and regulations relating to the rehabilitation of disabled veterans; to establish and maintain classes or courses for training as it is deemed advisable and necessary for the education, training and rehabilitation of disabled veterans and other veterans; to establish and maintain, or to assist in establishing or maintaining, with the consent of the commissioner of administration and finance, and with the approval of the governor, training facilities within the various institutions and departments of the federal government and of the commonwealth or any political subdivision thereof, located within the commonwealth; to cooperate with the veterans administration in the selection of the number of trainees to be placed in training, or otherwise to carry out the provisions of said federal laws and regulations.

SECTION 6. Said chapter 74 is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. Smith Agricultural School, established under chapter one hundred and fifty-one of the Special Acts of nineteen hundred and eighteen, shall be maintained by the city of Northampton as a state-aided approved vocational-technical school under and subject to sections one to twenty-two, inclusive; provided, however, that the superintendents of said school shall consist of the mayor and superintendent of schools of said city, ex officiis, and three other superintendents to be elected at its city election by ballot, as provided in the will of Oliver Smith, and that said superintendents shall have the powers of local trustees elected under section three. Upon the death or resignation of an elected superintendent of said school his successor shall be chosen by the city council and the remaining superintendents in joint convention, who shall serve until the next city election.

SECTION 6A. Chapter 74 of the General Laws is hereby amended by inserting after section 24A, as so appearing, the following section:-

Section 24B. The state board and the board of regents shall encourage the coordination of programs between public secondary vocational-technical school districts and public institutions of higher education. Said boards shall establish policies and procedures for the standardization of articulation agreements between the aforementioned institutions and that said boards shall meet annually to review the implementation of such policies and procedures.

SECTION 7. The department of education is hereby authorized and directed to expend a sum, not to exceed fifteen million dollars, for a vocational-technical equipment modernization grant program to assist cities, towns, and regional school districts, educational collaborative and independent vocational-technical schools in the purchase of equipment for use in programs in high occupational demand provided, however, that no grants shall be awarded pursuant to this authorization until after completion of the study required by section twelve. Said grants shall be awarded by the department to cities, towns, regional school districts, educational collaboratives and independent vocational-technical schools on the basis of a competitive evaluation of proposals for such grants submitted on behalf of the approved chapter seventy-four program of the city, town, regional school district, educational collaborative or independent vocational-technical school. The department shall issue an invitation for proposals for such grants, which invitation shall include a description of the standards by which proposals are to be evaluated.

SECTION 8. The state board of education is hereby authorized to establish, subject to appropriation, the commonwealth vocational-technical learning and teaching institute. The institute shall provide inservice training to supervisory and instructional personnel in vocational-technical programs as determined by the board. The institute may also establish a program in conjunction with the board of regents to provide research and development, leadership development, including forums, workshops, seminars and conferences for the purpose of developing methods to improve vocational-technical education.

SECTION 9. There is hereby established a technology scholar advisory council consisting of nine members to be appointed by the governor equally from among persons representing public vocational-technical schools, higher education institutions with technology programs, and business and industry. Members of said council shall serve without compensation.

SECTION 10. There is hereby established the Technology Scholar Trust Fund for the purpose of providing grants to high school seniors enrolled in vocational-technical programs who are planning to attend an institution of higher education within the commonwealth in pursuit of further studies in a high demand technology program. Said Technology Scholar Trust Fund shall be credited funds contributed by any corporation, whether public or private; provided, however, that the commonwealth shall contribute twenty-five thousand dollars to said Fund for the purpose of awarding each qualified student as a technology scholar with a grant of up to one thousand dollars. Upon receipt, such funds shall be deposited in the state treasury and credited to said Fund and may be expended for the purpose of this section after consultation with the technology scholar advisory council established under section ten. The board of education shall nominate as technology scholars public vocational-technical high school students from each school district in consultation with the technology scholar advisory council.

SECTION 11. The department of education is hereby authorized and directed to conduct a study to develop a long range strategy plan for vocational-technical curriculum and program planning to prepare vocational-technical students for the changing demands in the workforce in the commonwealth. The study shall include an analysis and review of the current vocational-technical programs offered in the commonwealth and shall determine the need, if any, for the establishment of post secondary vocational-technical programs in addition to those offered at the community college level.

SECTION 12. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by section seven and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-two. Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth, and shall be payable from the Local Aid Fund.

SECTION 13. To meet the expenditures necessary in carrying out the provisions of section seven, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, not exceeding in the aggregate, the sum of ten million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Vocational Education Equipment Loan Act of 1987, and shall be issued for such maximum term of years not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and two. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be payable from the Local Aid Fund.

SECTION 14. Item 7503-8841 in section 2B of chapter 723 of the acts of 1983 is hereby amended by adding to the word "equipment" at the end of the paragraph the following words:- for the new building and for the provision of furnishings and equipment to upgrade existing programs and, also, for the repair and renovation of existing buildings to improve utilization and services.