SECTION 1.  Subsection (1), sub-paragraph (p) of section 4 of chapter 32 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out,  in line 286 and 287, the words "engaged in teaching pupils in any non-public school in the commonwealth," and inserting in its place the following words:- "special education program in a non-public school in the commonwealth in a position that, had it been in a pubic school, would have been considered a teacher, and".

                SECTION 2.  Section 1 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Membership  Service", in lines 326 to 329 inclusive, the following definition:- "Nonpublic school", an institution, not operated by the federal, state or local governments or agencies thereof, the primary function of which is (a) to educate children under the age of 18 in a course of study designed to lead to the award of a high school diploma or its equivalent, or in a special education program; or (b) to provide a college-level course of study designed to lead to the award of a college or university degree."