HOUSE  .  .  .  .  .  .  .  .  No. 4538

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, March 31, 2022.

The committee on Education to whom was referred the petition (accompanied by bill, House, No. 565) of Marjorie C. Decker and others for legislation to ensure equitable access to education and special education services for all students, reports recommending that the accompanying bill (House, No. 4538) ought to pass [Representative Pease of Westfield dissents].

For the committee,

ALICE HANLON PEISCH.

        FILED ON: 2/2/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4538

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to ensure equitable access to education, including special education services, for all students in Massachusetts.

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

Notwithstanding section 17 of chapter 132 of the acts of 2019, or any general or special law to the contrary, the data advisory commission established pursuant to said section 17 of chapter 132 of the acts of 2019 shall study and make recommendations within their annual report on the need and ability of the department of elementary and secondary education to publish and report:   

(i) student-specific data provided by school committees and charter schools pursuant to: section 1I of Chapter 69; sections 37G, 37H, 37O, 37P, and 89 of Chapter 71 of the General Laws; sections 3 and 7 of Chapter 71A of the General Laws; section 6 of Chapter 71B of the General Laws; section 2A of Chapter 72 of the General Laws; statewide assessment data utilized as a basis for competency determinations pursuant to section 1D of chapter 69 of the General Laws; and any other data required by the federal office of education;

(ii) said data in subsection (i) in a manner that can be cross-tabulated by: each major racial and ethnic group; sex; economic status; high needs status; English learner status; and category of disability, if applicable; and  presented statewide and also disaggregated by school district and individual school in a manner that is anonymized and does not reveal personally identifiable information about an individual student;

(iii) the number of children, by grade level, within each disability category receiving specific special education services, including but not limited to: each related service; assistive technology, including but not limited to augmentative and alternative communication; supplementary aids and services; positive behavioral interventions and supports; behavioral intervention plans; vocational education; travel training; and community-based transition services;

(iv) said data in subsection (iii) that can be cross-tabulated by each major racial and ethnic group, sex, economic status, and English learner status of children by age level, including but not limited to delivery of: each related service; assistive technology, including but not limited to augmentative and alternative communication; supplementary aids and services; positive behavioral interventions and supports; behavioral intervention plans; vocational education; travel training; and community-based transition services;. provided, said information shall be presented statewide and also disaggregated by school district, and individual school in a manner that is anonymized and does not reveal personally identifiable information about an individual student; and

(v) whether there is a statistically significant increase in the rates of assignment of students with disabilities to substantially separate classrooms for any racial or ethnic group in any of the five years following the Governor’s Declaration of a State of Emergency due to COVID-19 in March 2020, as compared to the 2018-19 school year.