SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2868

The Commonwealth of Massachusetts

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

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by inserting after section 86 the following section:-

“SECTION 86A. Chapter 29 of the General Laws, as so appearing, is hereby amended adding the following 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 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, including, but not limited to, gifts, grants and donations. The commissioner shall expend funds for the purposes of furthering 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 in the commonwealth. 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. No expenditure made from the fund shall cause the fund to be in deficit at any point. 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.

(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) to support other evidence-based strategies to increase educator diversity and culturally responsive and linguistically sustaining practices in public school districts and charter schools. The commissioner shall utilize funding from the fund and may apply for federal, state or other funding.

(c) Annually, not later than December 1, the commissioner shall report to the clerks of the senate and house of representatives, the joint committee on education and the senate and house committees on ways and means on activity of the 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.”; and

by inserting after section 132 the following 7 sections:-

“SECTION 132A. 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 publish a report on statewide educator diversity data on the department’s website, which shall include such goals.  The data shall, include but not be limited to: (i) the hiring and retention of diverse educators; (ii) the racial and ethnic demographics of educators who complete Massachusetts state educator preparation programs; (iii) the racial and ethnic demographics of all persons applying for and completing educator certification in the commonwealth; and (iv) teacher qualification data. Annually, not later than June 30,  the department shall  share the report required under this section with the board of elementary and secondary education and the clerks of the senate and house of representatives and the joint committee on education.

(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, however, that the department shall utilize existing reporting mechanisms and schedules to collect educator diversity data and outcomes.

SECTION 132B. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the word “certificates”, in line 80, the following words:- . The board shall ensure that the established requirements for such certificates provide necessary accommodations for any person with a disability as required by all applicable state and federal laws.

SECTION 132C. Said section 38G of said chapter 71, as so appearing, is hereby further amended by inserting, after the third paragraph 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 133D. Said section 38G of said chapter 71, as so appearing, is hereby further amended by inserting after the twenty-fourth paragraph the following paragraph:-

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

SECTION 133E. Said chapter 71 of the General Laws is hereby further 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 diversity among teaching, administration, and staff positions in each school district, as defined in section 2 of chapter 70, and each charter school, as defined in section 89 of chapter 71. The guidelines shall include, but not be limited to, recommended policies designed to help districts and schools: (a) identify and eliminate discriminatory barriers to hiring in a district or school; (b) identify, recruit and hire employees who are members of groups underrepresented in the educator workforce; (c) develop, promote and retain employees who are members of groups underrepresented in the educator workforce; and (d) promote equal opportunity in employment for educators. In developing these guidelines, the department shall consult with relevant stakeholders, including experts and school leaders from public school districts and charter schools that have experienced significant increases in hiring and retaining diverse educators.

(ii) establish a process for reviewing plans based on clearly defined criteria; provided, however, that a public school district or charter school shall amend any plan deemed not to conform with the requirements of this section; and provided further, that 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 or in any other strategic plan developed by the district.

(iii) require approved educator preparation programs to implement plans to examine and address any barriers to equity in program enrollment and completion. The 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 plans.

(b) The board of elementary and secondary education shall review progress on educator diversity on a regular basis and may provide further recommendations to districts and schools regarding educator diversity.

SECTION 133F. Chapter 71 of the General Laws is hereby further 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 or establish a diversity team, herein after referred to  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 of the school. Diversity officers or teams shall coordinate their school district’s compliance with the requirements of this section and applicable federal and state laws. If a district or charter school has a diversity officer or team already in place on the effective date of this section, they shall be deemed to be in compliance with this section. Each school district and charter school shall post information on its diversity officer or team on a publicly accessible website.

(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 commission against discrimination, in consultation with 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 133G. Section 18 of chapter 74 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The state department shall establish basic competency-based vocational-technical teacher training standards which shall serve as the fundamental, pedagogical requirements for beginning vocational-technical instructors. The department shall further require that all persons seeking to meet the department'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.”; and

by inserting after section 161 the following 6 sections:-

“SECTION 161A. (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 testing requirements pursuant to said section 38G of said chapter 71, per candidate, and may include consideration of factors including, but not limited to, whether a candidate has: (i) completed field-based experience of not less than 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) completed a satisfactory portfolio of items as determined by the department; (iv) 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 (v) completed a department-approved educator preparation program for the role and at the level of the license sought. 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 inform public school districts or charter schools which employ educators licensed through this pilot program of the supports and resources available 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 161B. (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 candidates. Such 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 said chapter 71; (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) Not 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 senate and the house of representatives and the joint committee on education.

SECTION 161C. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall conduct a study analyzing the potential 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) Not later than October 1, 2025, the department shall file a report with the clerks of the senate and the house of representatives and the joint committee on education on reducing potential 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: (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 such candidates; and (v) data on the passing rates for candidates who received accommodations and all candidates passing the assessment.

SECTION 161D. (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. For the purposes of this section, “high-needs schools or districts,” shall mean a school or district with a high percentage of low-income students and 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: (i) a survey of educator salaries and benefits across school districts and charter schools; (ii) an assessment of potential incentives to attract 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; (iii) the feasibility of financial incentives for achieving National Board certification; (iv) 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; (v) an assessment of a salary parity scale for any educators that have switched to high-needs school districts; (vi) any other program, as determined by the department, to help meet the educator requirements of high-needs school districts; and (vii) an assessment of any additional actions necessary to achieve these objectives.

SECTION 161E. (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 pilot program for teacher apprenticeships.

(b) The department shall file a report with the clerks of the senate and house of representatives and the joint committee on education not more than 1 year after the completion of the pilot on the outcome of the pilot program and recommendations for making the apprenticeship program permanent.

SECTION 161F. (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 for a duration of not 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 of 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 public information campaign reaches individuals applying to public institutions of higher education under section 5 of chapter 15A of the General Laws and community colleges under section 10 of said 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.”; and

by inserting after section 172 the following section:-

“SECTION 172A. The board of elementary and secondary education shall promulgate rules and regulations to implement section 37 of chapter 69 of the General Laws and section 38G3/4 of chapter 71 of the General Laws.”.