SECTION 1. Effective the date of this act, the department shall not implement or use the Massachusetts Comprehensive Assessment System or any other mandated statewide standardized assessment administered by a for profit entity to satisfy the accountability provisions of section 1J or section 1K of chapter 69.

SECTION 2. (a) The Department of Elementary and Secondary Education shall conduct a study of the costs and the respective quality of instructional, curriculum, and assessment materials and technologies supplied by for profit entities, not-for-profit entities, and organizations providing open educational resources, to public school districts. The study shall commence not later than December 31, 2021 and shall be completed within 12 months. The Department of Elementary and Secondary Education shall suspend any mandated statewide standardized assessments until the commission study is completed.

(b) There shall be a commission, with the support of staff from the Department of Elementary and Secondary Education, who will oversee the study. The commission will consist of 11 members including: 1 staff member from the Office of Administration and Finance of the Department of Elementary and Secondary Education chosen by the Commissioner of the Department of Elementary and Secondary Education; 1 member appointed by the Massachusetts Association of School Committees; 1 member appointed by the Massachusetts Association of School Superintendents; 2 members appointed by the Massachusetts Teachers Association; 2 members appointed by the American Federation of Teachers of Massachusetts; 1 member appointed by the Boston Teachers Union; 1 member appointed by the Special Education Parent Advisory Councils in Massachusetts; 1 member appointed by the Massachusetts Education Justice Alliance; and 1 member appointed by Citizens for Public Schools. The Department of Elementary and Secondary Education shall identify and assign a team of staff dedicated solely to the support of the commission and drafting of the study.

(c) The commission shall establish and support district task forces for any school district interested in participating in the study. The district task forces will be responsible for collecting and documenting community input on instructional, curriculum, and assessment materials and technology used in their school district. District task forces shall have full access to any data or record related to the study.

(d) 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 educators union or association, or the president’s designee. In addition to the co-chairs, the task force composition shall consist of no more than nine additional members of the community, parents, school staff including administrators and educators, and students. If more than nine members volunteer to join the task force, the co-chairs will oversee a nomination and election process at a public meeting and ensure that there is at least 1 member who is a student, 1 member who is a parent, and 1 member who is an educator on the task force.

(d) The study shall investigate the costs and the respective quality of instructional, curriculum, and assessment materials and technologies supplied by for profit entities, not-for-profit entities, and organizations providing open educational resources, to public school districts. The study shall investigate opportunity costs and alternative options to instructional, curriculum, and assessment materials and technologies used in each subject area. Alternatives shall include but not limited to organizations providing open educational resources, such as Kendall Hunt and Illustrative Mathematics, local or Massachusetts-based entities, or other not-for-profits. Respective quality of instructional, curriculum, and assessment materials will be determined using evidence-based, educator-reviewed assessments, drawing from reviews by organizations such as but not limited to Edreports Org Inc. The study shall directly compare costs and the respective quality of instructional, curriculum, and assessment materials and technologies that are currently supplied to districts and their respective alternatives, for each school district in Massachusetts. The study will also collect and make available community input on instructional, curriculum, and assessment materials and technology. Finally, the study will provide a recommendation on which instructional, curriculum, and assessment materials and technologies are best suited for districts based on cost and quality.

(e) The commission shall present formal findings not less than one year thereafter to the Joint Committee on Education and the Ways & Means Committees of the House and Senate. A final report shall be submitted to the Joint Committee on Education and the Ways & Means Committees of the House and Senate and available to the public not later than January 1, 2023.

SECTION 3. Chapter 11 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 17 the following section:-

Section 18. The state auditor shall investigate and audit the Department of Elementary and Secondary Education, established under section 1A of chapter 69 of the General Laws, once every three years beginning not later than December 31, 2021 and if the state auditor deems it necessary shall conduct an investigation more often. The audit and investigation 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 investigate. The state auditor and the commission shall issue guidance for future contracts. 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 and the Ways & Means Committees of the House and Senate.

SECTION 4. Notwithstanding subsection (i) of section one D of chapter 69 of the General Laws, as so appearing, immediately 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.

SECTION 5.  Notwithstanding the provisions of any general law, special law, regulation, or collective bargaining agreement to the contrary, effective the 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.