HOUSE DOCKET, NO. 4509        FILED ON: 8/2/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4180

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Erika Uyterhoeven

_________________

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 educator pay.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4509        FILED ON: 8/2/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4180

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to educator pay.

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

Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out sections 40, and inserting in place thereof the following section:-

Section 40. (a) In a school district as defined in section 2 of chapter 70 of the general laws, or an educational collaborative formed under the provisions of section 4E of chapter 40, the compensation of each teacher, as defined in chapter 32 of the general laws and pursuant to regulation 807 CMR 4.00, except a person in training and except a person employed as a temporary substitute, and the compensation of each “education support professional,” shall be at a rate of not less than sixty-five thousand dollars for teachers and a rate of not less than forty five thousand dollars for education support professionals for the school year commencing after July first, two thousand and twenty-four. The compensation paid to such teachers and education support professionals shall be deemed to be fully earned at the end of the school year, and proportionately earned during the school year. Payment of such compensation may be deferred to the extent that equal payments may be established for a twelve month period including amounts payable in July and August subsequent to the end of the school year. 

(b) Beginning in fiscal year 2025, school districts and educational collaboratives, as defined herein, shall be reimbursed by the commonwealth for the cost increases incurred by such school districts and educational collaboratives as a result of increasing teacher and education support professional compensation pursuant to this section. Reimbursements for the cost increases shall be distributed in accordance with this paragraph; provided, however, that no funds for said reimbursements shall be deducted from funds distributed pursuant to chapter 70 or other existing state appropriations. The reimbursement amounts to each school district and educational collaborative shall be equal to 100 per cent of the increase in the year in which the increase occurs; 60 per cent of that amount in the first year following; 40 per cent of that amount in the second year following; and 20 per cent of that amount in the third year following. 

(c) For the purposes of this section, the term “education support professional” shall include, but not be limited to, a paraeducator, tutor, family liaison, interpreter, translator, qualified practitioner, as defined in the school-based Medicaid reimbursement program, clerical services worker, custodial and maintenance services worker, food services worker, health and student services worker, security services worker, skilled trades worker, technical services worker, and transportation services worker employed by a school district; provided, however, that the term shall not include a teacher, as defined in chapter 32 of the general laws, or any other employee of a school district or educational collaborative whose role requires certification under section 38G of this chapter or under chapter 74 of the general laws.

(d)  Beginning on July 1, 2029, and for each subsequent five-year period, the executive office of labor and workforce development shall calculate an adjusted minimum compensation rate for teachers and education support professionals by increasing the current rate of compensation by the rate of inflation for the previous five-year period. Said adjusted rate of compensation shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers or a successor index, for the 60 months prior to July 1 of the subsequent five-year period, as calculated by the United States department of labor. Each adjusted minimum compensation rate calculated under this section shall take effect on the following September 1.

(e) Effective September 1 of the five-year period starting on July 1, 2029, and effective for each subsequent five-year period thereafter, the compensation rates shall be adjusted as laid out in subsection (d) and be eligible for reimbursement under subsection (b) of this section.

(f) The implementation of this section shall be consistent with the provisions of chapter 150E of the General Laws, including but not limited to the duty to bargain on wages, hours and working conditions, or any agreements entered into in accordance with said chapter 150E of the General Laws. Nothing in this section shall be construed as limiting a school district or educational collaborative from providing teachers or educational support professionals with compensation that is higher than the minimum amounts as defined herein.