HOUSE DOCKET, NO. 3204        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 693

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jeffrey N. Roy and Kate Lipper-Garabedian

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to college in high schools.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3204        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 693

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to college in high schools.

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. Section 9B of chapter 15A, as appearing in the 2018 Official Edition, is amended by adding the following after the word “commonwealth” in line 6: “or any college in high school program administered pursuant to section 37 of chapter 69.”

SECTION 2. Section 16 of chapter 15A is amended by adding the following after the word “nursing” in line 5: “or any college in high school program administered pursuant to section 37 of chapter 69,”

SECTION 3. Chapter 15A of the General Laws is hereby amended by inserting after section 39 the following section:-

Section 39A. (a) All public institutions of higher education shall develop written policies and procedures for accepting for the purposes of course credit to satisfy degree requirements certain scores on the College Board’s advanced placement examinations, successful completion of college in high school courses as provided in section 37 of chapter 69, successful completion of the International Baccalaureate Diploma Program, or and successful completion of dual enrollment courses.  In the said policy, the institution shall:

(1) establish its conditions for granting course credit, including the minimum required scores on Advanced Placement examinations and examinations for courses constituting the International Baccalaureate Diploma Program; and

(2) establish whether credit will be granted for general education, major or elective requirements at the institution; and

(3) include procedures related to the transferability of these credits to another institution of higher education. 

(b) On request of an applicant for admission as an entering student, a public institution of higher education, based on information provided by the applicant, shall determine and notify the applicant regarding:

(1) the amount and type of any course credit that would be granted to the applicant under the policy required in subsection (a); and

(2) any other academic requirement that the applicant would satisfy under the policy.

(c)  All policies and procedures governing the award of credit shall be posted on the institution’s website under the category of admission, which the institution shall update as necessary to reflect any changes in policies and procedures.  In addition, each institution shall submit its policies and procedures, or any changes thereto, to the department of higher education which shall post each institution’s policies and procedures on the department’s website.

(d) The board of higher education, in is cooperation with the board of trustees of each public institution including the University of Massachusetts, shall annually review the college in high school course- granting policies of each public institution of higher education in accordance with the requirements of this section and file a report with its findings and any recommendations with the clerks of the senate and the house of representatives and chairs of the joint committee on higher education not later than July 1. Each public institution of higher education shall provide the board of higher education with all necessary data, in accordance with the federal Family Educational Rights and Privacy Act of 1974, to conduct the analysis.

SECTION 4. Chapter 29 of the General Law is hereby amended by inserting after section 2CCCCC the following new section:-

Section 2DDDDD. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts College in High School Trust Fund. The fund shall be administered by the commissioner of the department 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 the rates of student preparedness for workforce and post-graduate success. 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 focus on underserved communities across the commonwealth, including those school districts with high concentrations of economically disadvantaged students.

(c) 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, on the implementation of college in high school programming that may be detrimental to the neutral education policy. The review shall be made publicly available.

(d) 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, the joint committee on higher 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 section 37 of chapter 69; (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 5. Chapter 69 of the General Laws is hereby amended by inserting after section 36 the following two sections:-

Section 37. (a) There shall be a Massachusetts Office of College in High School, herein the office. The office shall be overseen by the commissioner of the department of elementary and secondary education in consultation with the commissioner of the department of higher education. The office will administer innovative high school programs that expand student access to college and postsecondary opportunities through high-quality instructional programming, hereinafter referred to as college in high school, in order to increase the rates of student success in postsecondary attainment and in the workforce. All programs established under this section shall:

(1) Offer a coherent sequence of courses that allows a student to earn a high school diploma and achieve at least one of the following:

(i) the accumulation of transferable college credits; provided that, academic courses that count for college credit shall be those agreed to by the institutions of higher education participating in the partnership with the high school,

(ii) an industry-recognized credential or certificate, including those determined to be necessary for occupations with high employment value as defined in section 38 of this chapter; or 

(iii) participation in a registered apprenticeship, pre-apprenticeship, or apprentice readiness program;

(2) Prepare students adequately for future success in the workforce or in an institution of higher education;

(3) Encourage the cooperative or shared use of resources, personnel and facilities between public high schools, public and independent colleges or universities and employers;

(4) Emphasize parental involvement and provide consistent counseling, advising and parent conferencing so that parents and students can make responsible decisions regarding course selection and can track the student's academic progress and success;

(5) Develop methods for early identification of potential participating students in the middle grades and through high school and provide outreach to those students to promote academic preparation and awareness of college in high school programs; and

(6) Develop strategies to identify and engage underserved populations including by income, race, ethnicity, sex, English language learner status and students with disabilities.

(b) The office shall oversee all necessary college in high school programs, including but not limited to programs that incorporate one or more of the following: (1) early college; (2) dual enrollment; (3) industry-recognized credentialing in high school, including those for credentials determined to be necessary for occupations with high employment value as defined in section 38 of this chapter; (4) advanced placement; (5) international baccalaureate programs; or (6) innovation pathways. The office may designate public high school schools to operate college in high school programs. The office shall develop and, as needed, refine all college in high school program designations offered in the Commonwealth and shall have the authority to set and raise credit attainment targets, recommend any designations to be awarded to applicants, administer all aspects of state support for the programs, track and report on the performance of participants in the aggregate and identify and pursue further innovative approaches. Academic courses that count for college credit shall be those agreed to by the institutions of higher education participating in the partnership with the high school.

(c) Pursuant to regulations to be promulgated by the board, all high schools shall offer an affordable college in high school program to students before the completion of their 12th grade year that incorporates one or more of the following: (1) early college; (2) dual enrollment; (3) industry-recognized credentialing in high school; (4) advanced placement courses; (5) international baccalaureate programs or (6) innovation pathways.

(d) There shall be a College in High School Joint Committee, hereinafter the CIHS Joint Committee, charged with governing and overseeing the work of the office and making recommendations to the board of elementary and secondary education and the board of higher education. The CIHS Joint Committee shall develop recommendations that include but are not limited to the following: (1) helping drive the commonwealth’s efforts to grow and expand college in high school programs; (2) assisting the office in establishing and monitoring robust performance requirements and targeted enrollments for all participating programs statewide and (3) aiding the office in identifying and certifying new college in high school programs. The CIHS Joint Committee shall consist of the secretary of the executive office of education or a designee; the commissioner of the department of elementary and secondary education or designee; the commissioner of the department of higher education or designee; two members of the board of elementary and secondary education, who shall be appointed by the chair of the board of elementary and secondary education; and two members of the board of higher education, who shall be appointed by the chair of the board of higher education.

(e) The office shall create and annually review a set of per- credit charges that the public and private institutions of higher education participating in a designated college in high school program require for providing credit-earning courses. The per- credit charge may be subject to factors, including but not limited to: (1) the segment of colleges offering certain courses; (2) the site where the course is taught; (3) whether the course has extra costs associated with enrollment and (4) whether there are minimum numbers of participating students per section offered. 

(f) The office may develop, subject to the approval of the CIHS Joint Committee, recommendations for college in high school programs to continue to enroll participating students to extend and expand their graduation requirements such that they may continue to be considered students of the high school for purposes of chapter 70 calculations for up to two more years in order to complete certificates, degrees or up to two years of transferable credit to a four-year college.   

(g) The office shall propose a budget to the commissioner of the department of elementary and secondary education that reflects the goals and objectives of the office.

(h) The college in high school programs shall be open to all enrolled students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, special needs, proficiency in the English language or academic achievement. A lottery shall be held if more students apply than can be accommodated.

(i) Courses shall be taught by postsecondary faculty or secondary teachers endorsed by the office in consultation with the participating institution of higher education. For purposes of this subsection, an instructor is credentialed if the instructor holds:

(1) a doctoral or master's degree in the discipline that is the subject of the course;

(2) a master's degree in another discipline with a concentration that required completion of a minimum of 18 graduate semester hours in the discipline that is the subject of the course; or

(3) for a course credit that is not designed for transfer to a degree program:

(A) a degree described by subsections (i) or (ii);

(B) a baccalaureate degree in the discipline that is the subject of the course; or

(C) an associate degree and demonstrated competencies in the discipline that is the subject of the course, as determined by the office.

(j) The office shall establish the information and requirements it deems necessary to be included in any application for designation as a college in high school program in order to ensure a high-quality and rigorous college in high school program, which may include, but is not limited to, the following:

(i) the primary entry point grade and at least one later entry point opportunity for other students and a plan for introducing the college in high school program and for preparing students for the transition into the program;

(ii) the student academic pathways, which shall include the sequence of courses and other curricular experiences, including but not limited to internships, necessary to fulfill both secondary and postsecondary requirements;

(iii) the process and guidance support through which students will be exposed to sufficient information to select the pathway best suited for them and options to change pathways during the course of study;

(iv) the institutions of higher education with which the school will partner to provide academic courses taught on postsecondary campuses, or where not logistically feasible, a plan to provide postsecondary experiences;

(v) the plan to offer personalized academic advising and tutoring, which shall include specific provisions to address the particular needs of limited English proficient students, students with disabilities and lower academic achievers, and which may include strategies to provide non-academic supports including, but not limited to, guidance counseling and financial literacy; and

(vi) the approaches to supporting participating students’ exposure to a variety of career opportunities and workforce and career skills development, including, but not limited to, collaboration, teamwork, intercultural understanding, written and oral communication, critical and creative thinking, quantitative literacy, real-world-problem solving, interview preparation and career counseling, as well as experiential and workplace learning opportunities, including, but not limited to, internships and mentorships.,

(k) Where required, each designated college in high school program shall enter into an agreement with at least one postsecondary institution that provides students with opportunities to receive postsecondary credits during the student's participation in the program and transfer those credits to a postsecondary institution upon completion of the program. The agreement shall establish how the program will be sustainable on current funding plus any anticipated annual state supplement for designated college in high school programs as well as the designated duties for the high school, in the areas of program coordination, student support, faculty support, career partnership coordination and performance monitoring.

(l) Designation as a college in high school program shall be for an initial period of five years, subject to review after the first three years, and renewable subject to performance. The department of elementary and secondary education shall, subject to appropriation, provide additional funding to designated programs for each participating student.

(m) Annually, by July 1, each college in high school program shall file a report with the commissioner of the department of elementary and secondary education and the commissioner of higher education, on performance measures, including, but not limited to the following categories:

(i) high school graduation rates of participating students;

(ii) percentage of participating students who complete the program; 

(iii) percentage of participating students who gain any postsecondary credits;

(iv) credits earned by participating students in college in high school programs, including percentage of each program incorporating early college to gain at least 12 credits;

(v) percentage of participating students in a 6-year cohort who attain postsecondary degrees; and

(vi) college and career outcomes of participating students.

The commissioners shall prepare an aggregate report for the senate and house chairs of the joint committee on higher education, and the joint committee on education.

(n) The office shall propose, subject to approval by the CIHS Joint Committee and the boards of elementary and secondary education and higher education, multi-year goals for the commonwealth for the attainment of college degrees and qualifying, industry-recognized certificates for students participating in college in high school programs. Such goals shall include overall goals as well as goals for historically underserved populations including by income, race, ethnicity, sex, English language learner status and students with disabilities. Goals should include statewide-, district-, and school-level goals.  The office shall be responsible for ensuring annual, timely public reporting of progress statewide and by district and school towards those goals.

(o) The office shall establish a publicly accessible online dashboard using data from the reports filed pursuant to subsections (g) and (h) of the section to generate information on each college in high school program. The purpose of the dashboard shall be to create user-friendly displays of the overall success of the individual programs in achieving the goals and shall be written in terms understandable to the general public and to help students and their families identify available college in high school opportunities.

SECTION 6. Chapter 69 of the General laws, as appearing in the 2018 official edition, is hereby amended by adding the following section:-Section 38.

(a) As used in this section, “Executive Office” shall mean the Executive Office of Labor and Workforce Development.

(b) 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.

(c) The Executive Office shall provide the department annually with a list of occupations in high need of additional skilled employees that either require an industry-recognized certification or for which such a certification would materially enhance a job applicant’s chances for either employment or compensation or both. The Executive Office shall rank the list based on employment value. The top 20 percent 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 percent 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 percent wage criterion.

(d) The department shall make the current list available to all school districts in the Commonwealth and to the public on the Department’s website.

(e) Subject to appropriation, the department shall remit to 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 at such institution, and

(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 shall allocate at least 80 percent 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 shall 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.

(f) Subject to appropriation, the department may remit 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 for any other purpose directly related to developing programs to assist students in obtaining a qualifying certification.

(g)The department shall each year prepare an annual report on the progress made under this section including:

(i) The number of public school students who are seeking certifications for high demand occupations, identifying the number of such students who are low-income, English language learners and students with disabilities;

(ii) The certifications earned by such students, including the number of each such certifications earned; and

(iii) 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.

SECTION 7. Section 2 of chapter 70, as amended by chapter 132 of the acts of 2019, is hereby amended in the paragraph starting with the term “Foundation enrollment” in line 5 of that paragraph by adding following the new phrase after the words “vocation schools”:

“Early College”

SECTION 8. Section 3 of chapter 70 of the general laws, as amended by chapter 132 of the acts of 2019, is hereby amended by inserting the following new row in table 1:-

Early College496.93834.154,305.34   656.38   135.01   856.65                 656.59                 530.85                 947.43                 1,610.72             

  0.0011,030.05

SECTION 9.  Chapter 71 of the General Laws is hereby amended by adding the following section:-

Section 98. All public high school students shall complete and submit a free application for federal student aid (FAFSA) or an application with the Massachusetts Educational Financing Authority (MEFA). The Massachusetts Office of College in High School, established in section 37 of chapter 69, shall promulgate regulations and provide guidelines for implementation of this subsection, subject to the approval of the board of elementary and secondary education. A student is not required to comply with this section if: (1) the student’s parent or legal guardian submits a signed form indicating that the parent or legal guardian authorizes the student to decline to complete and submit the financial aid application; or (2) the student signs and submits a form on the student’s own behalf if the student is 18 years of age or older.

SECTION 10. The commissioner may expend funds from the Twenty-First Century Education Trust Fund established in section 35NNN of chapter 10 for college in high school programs.

SECTION 11. The first annual report required under section 38 of chapter 69, established in section 2 of this act shall be submitted no later than July 1, 2023.