Bill S.2807

SENATE . . . . . . . . . . . . . . No. 2807

The Commonwealth of Massachusetts

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

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SENATE, June 6, 2024.

The committee on Education, to whom was referred the petitions (accompanied by resolve, Senate, No. 241) of Joanne M. Comerford that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to special education funding reform; (accompanied by bill, Senate, No. 249) of Cynthia Stone Creem and Vanna Howard for legislation to ensure equitable access to education, including special education services, for all students in Massachusetts; (accompanied by bill, Senate, No. 269) of Ryan C. Fattman for legislation to prevent discrimination in interscholastic athletic and extracurricular activities; (accompanied by bill, Senate, No. 324) of Patrick M. O'Connor for legislation relative to accommodations for special needs students taking the MCAS examination; (accompanied by resolve, Senate, No. 332) of Jacob R. Oliveira, Adam Scanlon, Lydia Edwards, Patrick M. O'Connor and other members of the General Court that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to the long-term fiscal health and sustainability of special education in the Commonwealth; and (accompanied by bill, Senate, No. 356) of Bruce E. Tarr for legislation relative to conduct a study on the delivery of special education services, report the accompanying bill (Senate, No. 2807).

For the committee,

Jason M. Lewis

FILED ON: 5/24/2024

SENATE . . . . . . . . . . . . . . No. 2807

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 special education.

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. (a) Notwithstanding section 17 of chapter 132 of the acts of 2019, or any general or special law to the contrary, the data advisory commission established pursuant to said section 17 of chapter 132 of the acts of 2019 shall study and make recommendations within their annual report on the rationale and capacity of the department of elementary and secondary education to publish and report:

(i) 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 United States Department of Education;

(ii) said data in subsection (i) in a manner that can be cross-tabulated by: each major racial and ethnic group; gender; low income status; high needs status; English learner status; and category of disability, if applicable; and presented statewide and also disaggregated by school district and individual school in a manner that is anonymized and does not reveal personally identifiable information about any individual student;

(iii) 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; behavioral intervention plans; vocational education; travel training; and community-based transition services;

(iv) said data in subsection (iii) that can be cross-tabulated by each major racial and ethnic group; gender; low income status; high needs 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; behavioral intervention plans; vocational education; travel training; and community-based transition services; provided, that said information shall be presented statewide and also disaggregated by school district and individual school in a manner that is anonymized and does not reveal personally identifiable information about any individual student; and

(v) whether 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 compared to the average of the prior 3 years.

(b) The department shall publish the data that is determined by the data advisory commission to have rationale to be published, be within the department’s capacity, and does not reveal personally identifiable information about any individual student beginning with data collected from the 2027-2028 school year. The department shall report all categories of data that the department determines cannot be publicly disclosed and does not reveal personally identifiable information about any individual student to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, and the joint committee on education, including an explanation for the reason these data are not able to be published publicly.

SECTION 2. Section 1B of chapter 69 of the General Laws, as so appearing, is hereby amended by inserting after the seventh paragraph the following paragraph:-

The board shall annually publish a supplemental report containing student achievement data for each approved private day or residential special education school or program. The data shall include student performance on the statewide assessment system approved by the board under section 1I.

SECTION 3. Section 1I of said chapter 69, as so appearing, is hereby further amended by striking out, in line 250, the word “and”.

SECTION 4. Said section 1I of said chapter 69, as so appearing, is hereby further amended by inserting after the word “learners”, in line 252, 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, as defined in 20 U.S.C. 1400 et seq; assistive technology, including but not limited to augmentative and alternative communication; supplementary aids and services; behavioral intervention plans; vocational education; travel training; and community-based transition services.

SECTION 5. Section 6 of said chapter 71B, as so appearing, is hereby further amended by inserting after the word “assignment”, in line 6, the following words:- or pattern of delivery of specific special education services.

SECTION 6. Said chapter 71B of the General Laws is hereby amended by inserting after section 10 the following new section:-

Section 10A. Each private special education school or program that enrolls students funded by the commonwealth or its political subdivisions shall file annual reports with the department of elementary and secondary education. Each approved private special education school or program and special education school that enrolls students funded by the commonwealth shall annually prepare financial statements, including: (1) a statement of net assets; (2) a statement of revenues, expenditures, and changes in net assets; and (3) such supplemental statements and schedules that may be required by the department. Each school or program shall annually conduct an audit which shall include, but not be limited to, its financial statements consistent with the generally accepted governmental auditing standards. Each school or program shall file a report with the audit and any related management letters annually on or before January 1 for the previous fiscal year with the department and the state auditor and shall submit a copy of the audit report and any related management letters to each school district that enrolled students in the private special education school during the period covered by the audit report.

The audited financial statements, accompanying notes and schedules shall disclose, but not be limited to: (1) transactions between the private special education school and any related for profit or non-profit organization; (2) transactions or contracts related to the purchase, sale or lease of real estate property; (3) the names, duties and total compensation of the 5 most highly compensated employees; (4) the amounts expended on administration and overhead; (5) information on programs and services provided by the school, including the cost effectiveness of such programs and services; and (6) any other items that may be required by regulation.

SECTION 7. Notwithstanding any general or special law to the contrary, the secretary of education shall, in consultation with the department of elementary and secondary education, the department of early education and care, and the operational services division, study and make recommendations regarding the oversight of approved private day or residential special education schools or programs.

The recommendations shall provide information on topics including, but not limited to: (1) best practices of licensing, monitoring and oversight of approved private day or residential special education schools or programs; (2) the collection of data related to providing appropriate educational programming; (3) the collection of data related to providing the most appropriate services to students in approved private day or residential special education schools or programs; (4) consideration of the relevant aspects of the statute governing education collaboratives, as defined in section 4E of Chapter 40, and their potential application to approved private day or residential special education schools or programs; (5) the collection of data relevant to the structure for congregate care for students and review of the appropriate agency placement policies; and (6) best practices for workforce development, including but not limited to staffing models, trainings, and professional development. In developing recommendations, the secretary of education, the department of elementary and secondary education, the department of early education and care, and the operational services division shall consult with and solicit input from various persons and groups, including but not limited to, the department of developmental services; the division of local services; the Massachusetts Association of Approved Special Education Schools; the executive directors of approved private day or residential special education schools or programs of varying size and scope throughout the commonwealth; organizations representing individuals with developmental disabilities; district directors of special education throughout the commonwealth; organizations representing children with disabilities and their parent or legal guardian; and associations representing special education administrators and other education administrators, school officials, and municipal officials.

The secretary of education shall file a report, including any analysis or recommendations, with the clerks of the house of representatives and senate not later than 12 months following the passage of this act.