SENATE DOCKET, NO. 604        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 249

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia Stone Creem

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

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PETITION OF:

SENATE DOCKET, NO. 604        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 249

The Commonwealth of Massachusetts

_______________

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

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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:
 

Whereas COVID-19 has disproportionately impacted communities of color, with Black and Latino residents in Massachusetts infected with COVID-19 at rates three times higher than White residents, and with age-adjusted death rates for Black and Latino residents three times that of White residents.

Whereas COVID-19 is dramatically widening opportunity and achievement gaps in education, because low-income Black and Latinx students are far more likely to be offered remote-only instruction, are less likely to have the requisite devices and high-speed internet to access remote learning, and are more likely to experience additional barriers to learning related to family illness, death, and other COVID-19 stressors.

Whereas Latinx and Black students with disabilities are significantly less likely to be included in general education classes as compared to their White disabled peers.

Whereas Black boys are estimated to have the highest rate of suspension of any race-gender combination. And whereas Black males with disabilities are estimated to be disciplined at an even higher and alarming rate, over 3 times the rate of White males with disabilities.

Whereas Black girls in Massachusetts are 3.9 times more likely to face school discipline than White girls. And whereas Black girls with disabilities are estimated to be suspended at a rate over twice as high as that for all Black girls.

Whereas the Department of Elementary and Secondary Education is responsible for addressing educational inequities and providing a high-quality public education to every child in the Commonwealth.

Whereas, the data currently collected by the department is not reported in a manner that provides important information about the range of demographic subgroups facing the most significant inequities, such as low-income Black students, Black males with disabilities, or Latino English Learners with disabilities.

Whereas, educational inequities cannot be effectively identified and addressed during the COVID-19 recovery until student data is made available in a manner that focuses on the most vulnerable subgroups of students.

SECTION 1. Section 1I of Chapter 69 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph: -

In order for the department to: address educational inequities through a data-driven approach;  report data in a manner that specifies the demographics of students facing the most significant inequities;  and ensure that educational inequities can be effectively identified and addressed during the COVID-19 recovery and beyond; The department shall annually analyze and publish in an easily accessible and user friendly manner the 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, provided that said data required by the federal department of education is also student-specific data and can be cross-tabulated. The department shall provide said data in a manner that can be easily cross-tabulated by, at a minimum, the following: each major racial and ethnic group; sex; economic status; high needs status; English learner status; and category of disability, if applicable. The information shall be presented statewide and also disaggregated by school committee, charter school, and individual school in a manner that is anonymized and does not reveal personally identifiable information about an individual student. Publication shall include, but need not be limited to, availability on the department's worldwide web site.

SECTION 2. The sixteenth paragraph of said Section 1I of Chapter 69 of the General Laws, as so appearing, is further amended by striking out, in clause (g), the word “and” the seventh time it appears.

SECTION 3. The sixteenth paragraph of said Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby further amended by inserting after the word “learners” in clause (h), the following words: - ; and

(i) 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; provided further that school districts and charter schools shall only be required to provide said information regarding number of children receiving specific special education services when the department provides school committees with an online web-based IEP application  aligned with the special education services requiring reporting under this section.

SECTION 4. Section 6 of Chapter 71B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentences: - School committees shall also annually report to the department, pursuant to regulations promulgated by the department, delivery of specific special education services 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. This annual reporting by school committees to the department shall only be required when the department provides school committees with an online web-based IEP application aligned with the special education services requiring reporting under this section. This information shall be cross-tabulated by, at a minimum, the following: each major racial and ethnic group; sex; economic status; and English learner status. The information shall be presented statewide and also disaggregated by school committee, charter school, and individual school in a manner that is anonymized and does not reveal personally identifiable information about an individual student.

SECTION 5. The second sentence of said section 6 of Chapter 71B of the General Laws, as so appearing, is hereby amended by inserting after the word “assignment” the following words: - or pattern of delivery of the aforementioned specific special education services.

SECTION 6. The second sentence of said section 6 of Chapter 71B of the General Laws, as so appearing, is hereby further amended by inserting after the words “substantially disproportionate from the distribution” the following words: - or if 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.