Bill S.2709

FILED ON: 3/15/2024

SENATE . . . . . . . . . . . . . . No. 2709

The Commonwealth of Massachusetts

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

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An Act relative to educator diversity.

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. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 2DDDDDD the following new section:-

Section 2EEEEEE. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Educator Diversity Trust Fund. The commissioner of elementary and secondary education shall administer the fund. 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 establishment of plans and programs to increase educator diversity and professional development pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and practices. 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) The commissioner shall establish a grant program for public school districts, charter schools, nonprofits or community-based organizations, and institutions of higher education. Grants shall be provided for the following purposes: (i) to assist public school districts and charter schools with the establishment of plans and programs to increase educator diversity, including, but not limited to, the development of in-house teacher residency programs, pathways focused on recruiting, developing, and supporting educators who are members of groups underrepresented in the educator workforce, and other promising practices to increase the recruitment and retention of diverse educators; (ii) for professional development and other training for educators and other district and school staff pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and practices; (iii) to assist public school districts and charter schools with the establishment of programs to incentivize diverse and highly effective educators to work or continue working in districts and charter schools with high concentrations of economically disadvantaged students or English learners; and (iv) other evidence-based strategies to increase educator diversity and culturally responsive and linguistically sustaining practices in public school districts and charter schools. In establishing and administering the grant program, the commissioner shall prioritize public school districts and charter schools with high concentrations of economically disadvantaged students or English learners, which may include a district or school implementing a turnaround plan.

(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, that may be detrimental to the implementation of plans and programs to increase educator diversity or professional development pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and practices. The review shall be made publicly available on the department's website.

(d) In making grants, the commissioner shall utilize funding from the Educator Diversity Trust Fund and may apply for federal, state or other funding. 

(e) Annually, not later than December 1, the commissioner shall report to the clerks of the house of representatives and senate, the joint committee on education and the house and senate committees on ways and means on activity of the Educator Diversity Trust Fund. 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; (iii) grant recipients and the amount received by each recipient; (iv) anticipated revenue and expenditure projections for the next year; (v) the number of public school districts, charter schools, nonprofits or community-based organizations, and institutions of higher education that applied for, but were not granted, funding; and (vi) the impact of the grant program, including the expenditure of funds by grantees and an analysis of the types of programs created by said funds. The report shall be publicly available on the department's website.

SECTION 2. Section 38G of chapter 71 of the General Laws is hereby amended by inserting after paragraph ending with the words, “approved provisional educator preparation program”, in lines 93-94, the following paragraph:-

The department of elementary and secondary education shall, in consultation with relevant stakeholders, develop additional pathways for granting educator certification based on the alternative assessment pilot authorized under 603 CMR 7.04(2)(f) that may be used to satisfy the testing requirements contained in this section.

SECTION 3. (a) The department of elementary and secondary education shall, in consultation with relevant stakeholders and with the solicitation of public comment for a period of not less than 90 days, implement a 5-year pilot program to develop additional pathways for granting educator certification.

(b) The additional pathways may allow for waiver of not more than 1 of the 2 testing requirements pursuant to said section 38G of said chapter 71, per candidate, and shall include consideration of factors including, but not limited to, whether a candidate has: (i) completed field-based experience of at least 2 years in the role and at the level of the license sought; (ii) obtained certification in another state or territory in the United States, the District of Columbia, or the Commonwealth of Puerto Rico, as approved by the department; (iii) demonstrated at least 2 years of educator proficiency according to traditional measures of effectiveness, as determined by the department; (iv) completed a satisfactory portfolio of items that may include student feedback or competency-based projects; (v) received a formal recommendation from the principal, superintendent, or assistant superintendent of the current school or district where the candidate has been employed as a teacher or paraprofessional for at least 3 full years; (vi) obtained a master’s degree or doctorate from an accredited institution, provided that the advanced degree relates to the content area for which the individual is seeking certification as determined by the department; or (vii) completed a board-approved educator preparation program for the role and at the level of the license sought, including but not limited to (A) a college program, graduate or undergraduate, approved by the board for the preparation of teachers; (B) a college preparation program included in the National Association of State Directors of Teacher Education and Certification (NASDTEC); (C) an out of state teacher education program approved by the National Council for the Accreditation of Teacher Education (NCATE); or (D) another program approved by the board. This process shall give consideration to necessary accommodations for any person with a disability as defined in 42 U.S.C. §12102 and comply with any other applicable state and federal laws.

(c) The department shall ensure that any public school district or charter school which employs educators licensed through this pilot program is able to provide the supports and resources necessary for the educators to be effective, including but not limited to policies aligned with the guidelines established in section 38G ¾ of chapter 71 of the General Laws.

(d) The department shall conduct a comprehensive evaluation of the pilot program and the use of the additional licensure pathways during the pilot period. The evaluation shall include: (i) a measurement of student impacts according to factors determined by the department; (ii) an assessment of progress made in diversifying the educator workforce, including data on the demographics of participants, hiring rates and demographics of the districts and schools where candidates were hired, aggregated evaluation ratings and retention rates; and (iii) an assessment of the impacts on candidates of diverse backgrounds.

(e) The department shall file a report including the evaluation of the pilot program with the clerks of the house of representatives and the senate and the joint committee on education no later than one year after the conclusion of the pilot program.

SECTION 4. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the words “attainment and renewal of such certificates”, in line 80, the following sentence:-

The board shall ensure that the established requirements for such certificates provide necessary accommodations for any person with a disability as defined in 42 U.S.C. §12102 and comply with any other applicable state and federal laws.

SECTION 5. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall study the feasibility of establishing a program which allows certain educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws at no cost to the candidates. Such a program shall apply to candidates who are determined by the department to qualify for financial assistance, or have (i) attempted to complete the testing requirements pursuant to said section 38G of chapter 71 of the General Laws; (ii) failed to meet the minimum score requirements established by the department; and (iii) earned a score or scores within one standard error of measurement of passing, as determined by the department. The study may include analysis of any prior or existing voucher systems designed to pay for licensure test fees.

(b) No later than October 1, 2025, the department shall file a report, including any analysis or recommendations on the feasibility of the program with the clerks of the house of representatives and the senate and the joint committee on education.

SECTION 6. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall study the bias and accessibility of assessments used by educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws.

(b) No later than October 1, 2025, the department shall file a report with the clerks of the house of representatives and the senate and the joint committee on education on reducing bias and increasing accessibility of assessments used by educator candidates to complete the testing requirements pursuant to section 38G of chapter 71 of the General Laws, including any analysis or recommendations. The report shall include, at minimum, (i) an analysis of potential racial, cultural, or linguistic biases of assessments used by educator candidates; (ii) data on candidates applying for accommodations and those receiving accommodations; (iii) data on the types of accommodations requests received and those granted; (iv) data on candidates retaking the assessment and any accommodations requested by those candidates; and (v) data on the passing rates for candidates who received accommodations and all candidates passing the assessment.

SECTION 7. (a) Notwithstanding any general or special law to the contrary, the department shall conduct a study and report on potential initiatives to incentivize diverse and highly effective educators to work in high-needs schools and districts, including incentives to recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse and effective teachers currently teaching in high-needs schools. “High-needs schools or districts,” as used herein, shall be a school or district with a high percentage of low-income students and/or English learners, which may include a school or district implementing a turnaround plan.

(b) Not later than October 1, 2025, the department shall file a report with the clerks of the senate and house of representatives and the joint committee on education, including any analysis or recommendations. The report shall include, but not be limited to: (1) a survey of educator salaries and benefits across school districts and charter schools; (2) an assessment of potential incentives to attract novice educators to high-needs school districts, including but not limited to the establishment of loan forgiveness, scholarship, and housing support programs and the status of such currently or previously existing state programs; (3) the feasibility of financial incentives for achieving National Board certification; (4) the feasibility of establishing a master educator corps program, to be administered by the department, to incentivize educators that have achieved a certain level of mastery to transfer to high-needs school districts; (5) an assessment of a salary parity scale for any educators that have switched to high-needs school districts; (6) any other program, as determined by the department, to help meet the educator requirements of high-needs school districts; and (7) an assessment of any additional actions necessary to achieve these objectives.

SECTION 8. Section 38G of said chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the paragraph ending with the words “practical experience in the application of these strategies”, in line 267, the following paragraph:-

In addition to any other requirements of this section, the board shall incentivize all educators and administrators to be trained in strategies related to evidence-based culturally responsive and linguistically sustaining pedagogy and practices. The board may consider incentives including but not limited to certification fee waivers, resources curated and published by the department, professional development opportunities, and optional training during the certification and recertification process.

SECTION 9. Chapter 69 of the General Laws is hereby amended by inserting after section 36 the following section:-

Section 37. (a) Notwithstanding any general or special law to the contrary, the department shall set measurable educator diversity goals for the state and collect and report publicly statewide educator diversity data. The data shall be reported in an online dashboard created in consultation with the board of elementary and secondary education. The data shall include but not be limited to the hiring and retention of diverse educators, the racial, ethnic, and linguistic demographics of educators who complete Massachusetts state educator preparation programs, the racial, ethnic, and linguistic demographics of all persons applying for and completing educator certification, and teacher qualification data from school and district report cards. The department shall report annually to the board of elementary and secondary education on state educator diversity data and goals. The department shall also submit a report on the state of educator diversity to the clerks of the senate and house of representatives and the joint committee on education no later than June 30 on an annual basis.

(b) Each public school district and charter school shall collect and report to the department educator diversity data in a manner prescribed by the department; provided that the department shall utilize existing reporting mechanisms and schedules to collect educator diversity data and outcomes.

SECTION 10. Chapter 71 of the General Laws is hereby amended by inserting after section 38G ½ the following section:-

Section 38G ¾. (a) To promote a diverse educator workforce, the department shall:

(i) Establish guidelines for plans to increase racial, ethnic, and linguistic diversity among teaching, administration, and staff positions in each public school district, as defined in section 2 of chapter 70, and each charter school, as defined in section 89 of chapter 71. These guidelines shall include, at a minimum, recommended policies designed to help districts and schools: (1) identify and eliminate discriminatory barriers to hiring and learning in a district or school; (2) remedy the effects of past discriminatory practices; (3) identify, recruit, and hire employees who are members of groups underrepresented in the educator workforce; (4) develop, promote, and retain employees who are members of groups underrepresented in the educator workforce; and (5) ensure equal opportunity in employment for educators. In developing these guidelines, the department shall consult with experts and school leaders from public school districts and charter schools that have experienced significant increases in hiring and retaining racially, ethnically, and linguistically diverse educators.

Each public school district and charter school shall set a corresponding policy that conforms with the department's guidelines. Such plans shall comply with all applicable state and federal laws, and shall be updated, at a minimum, every 3 years.

(ii) Establish a process for reviewing plans based on clearly defined criteria. A public school district or charter school shall amend any plan deemed not to conform with the requirements of this section. A public school district or charter school shall be deemed to have satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69, as amended by chapter 132 of the acts of 2019, or in any other strategic plan developed by the district.

(iii) Establish periodic reporting requirements for public school districts and charter schools concerning the implementation of their plans and all actions taken to ensure compliance with this section and applicable state and federal laws. These reporting requirements shall be incorporated into existing reporting mechanisms and schedules where feasible.

(iv) Assist public school districts and charter schools in complying with their plans and applicable federal and state laws.

(v) Require approved educator preparation programs to implement plans to increase the racial, ethnic, and linguistic diversity of program completers. These plans shall be required as part of the educator preparation program approval process and the department shall make each program’s plan publicly available. The department shall establish guidelines for educator preparation program diversity plans.

(b) The board of elementary and secondary education shall review compliance with these plans and policies on a regular basis and may provide further recommendations regarding educator diversity.

SECTION 11. Chapter 71 of the General Laws is hereby amended by inserting after section 99 the following section:-

Section 100. (a) Each public school district and charter school shall appoint or hire a diversity, equity, and inclusion officer(s) or establish a diversity team, referred to in this section as a diversity officer or team. The role and responsibilities of a diversity officer or team may be assigned to an existing school employee or existing school entity. A diversity officer or team shall report directly to the superintendent. Diversity officers or teams shall coordinate their school district’s compliance with the requirements of this section and applicable federal and state laws. Should a district or charter school have a diversity officer or team already in place, that shall satisfy the requirement of this section.

(b) Each public school district and charter school shall establish a process for advising the school committee or board of trustees on matters of diversity, equity, and inclusion in the school district or charter school. This process may include establishing an educator diversity council consisting of educators, administrators, parents or caregivers, and students, which shall meet regularly with the superintendent or the diversity officer or teams and the school committee or board of trustees. For such councils that are established, members shall, to the best ability of a school district or charter school, represent a diversity of identities, including but not limited to race, ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability, and socioeconomic level. The school committee or board of trustees may appoint a member of the committee to serve as an ex-officio member of the educator diversity council.

(c) Pursuant to guidelines established by the department, all superintendents, school committee members, boards of trustees members, district leaders, principals, and school district employees shall attend diversity and implicit bias training every two years; provided that training completed during certification or recertification pursuant to paragraph 36 of section 38G of chapter 71 shall satisfy this requirement for the year in which the training was completed.

SECTION 12. Section 18 of Chapter 74, as appearing in the 2022 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:-

The state board shall establish basic competency-based vocational-technical teacher training standards which shall serve as the fundamental, pedagogical requirements for beginning vocational-technical instructors. The board shall further require that all persons seeking to meet the board's requirements shall have successfully passed performance and written tests in areas as determined by the board or shall have satisfied alternative measures of proficiency established by the board and shall have successfully completed an approved seminar on teaching skills and methods.

SECTION 13. (a) Notwithstanding any general law or special law to the contrary, the department of elementary and secondary education shall, subject to appropriation, develop and administer a 2-year pilot program, in partnership with a college or university or school or district or other institution offering an approved preparation program pursuant to Section 38G of Chapter 71 of the General Laws, for teacher apprenticeships during which participants shall complete a paid teaching apprenticeship for 2 full school years in a high-needs district in the classroom with a highly proficient mentor teacher, as determined by the department using factors including but not limited to traditional measures of effectiveness and demonstrated evidence-based practices, as determined by the department. As used herein, “high-needs” shall be defined as: schools or districts with a high percentage of low-income students and English learners, which may include schools or districts implementing turnaround plans. The program shall provide sufficient funds to candidates to support earning a competitive wage, including but not limited to support for childcare, transportation, textbooks, and other core expenses, to ensure a diverse cohort are able to fully participate. In designing the program, the department shall partner with the Massachusetts Executive Office of Labor and Workforce Development and consult the National Guidelines for Apprenticeship Standards (NGS) for Registered Apprenticeships for K-12 teachers. The department shall seek to maximize revenues through federal monies, matching funds and grants to support this program. Subject to available state and federal funds, the department shall consider the feasibility of a no-cost or tuition-free program for some or all participants on the basis of a participant’s financial need.

(b) In administering the pilot program, the department shall promulgate regulations defining the apprenticeship and the target candidates to be admitted to the program.

(c) The department shall file a report with the clerks of the house of representatives and the senate and the joint committee on education no later than 1 year after the completion of the pilot on the outcome of the pilot program. The report shall include data on the demographics of participants, licensure pass rates, hiring rates, and an assessment of the feasibility of applying for status as a United States Registered Apprenticeship. The department shall file a report with the clerks of the house of representatives and the senate and joint committee on education no later than 3 years after the completion of the pilot that includes, at a minimum, an evaluation of the impact of apprentices on student outcomes as compared to teachers not participating in the pilot using traditional measures of effectiveness, as determined by the department, and an assessment of the feasibility of expanding to a 2-year teacher apprenticeship for all teacher candidates or all candidates in high-needs districts.

SECTION 14. (a) Not later than October 1, 2025, the department of elementary and secondary education, or any department or agency thereof designated by the executive office, shall establish a public information campaign, which shall be no less than 1 year, to educate and promote awareness to the public of available state scholarships and loan forgiveness programs for prospective educators. The campaign shall include, but not be limited to, information about the availability and eligibility for such scholarships and loan forgiveness programs. The department of elementary and secondary education, or any department or agency thereof designated by the executive office, shall seek to ensure that the information campaign reaches individuals applying to public institutions of higher education, pursuant to section 5 of chapter 15A of the General Laws, and community colleges, pursuant to section 10 of chapter 15A of the General Laws.

(b) Not later than October 1, 2027, the department shall report to the joint committee on education on the impact of the public information campaign, including data on the numbers of applicants for available state scholarships and loan forgiveness programs and the awarding of such scholarships and loan forgiveness program participants.

SECTION 15. The board of elementary and secondary education shall promulgate rules and regulations to implement the requirements of this act. Such regulations shall include a schedule for public school districts and charter schools to meet the planning and reporting requirements of this act, provided that such schedule shall prioritize implementation for school districts and charter schools that have significant disparities between educator and student demographics, according to racial, ethnic, and linguistic diversity.