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HOUSE DOCKET, NO. 2256        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1963

The Commonwealth of Massachusetts

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PRESENTED BY:

Martha M. Walz

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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 relative to technical corrections of the achievement gap law.

_______________

PETITION OF:

 Name: District/Address: Martha M. Walz 8th Suffolk

HOUSE DOCKET, NO. 2256        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1963

 By Ms. Walz of Boston, a petition (accompanied by bill, House, No. 1963) of Martha M. Walz for legislation to make certain technical corrections to statutes relative to achievement gaps in the public schools.  Education.

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to technical corrections of the achievement gap law.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to clarify the Achievement Gap law, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Section 4E of Chapter 40 of the general laws, as appearing in section 2 of chapter 12 of the acts of 2010, is hereby amended by inserting, after the words “department of” in the fourth sentence of the second paragraph,  the following:-

elementary and secondary

SECTION 2.  Said section 4E, as so appearing, is hereby further amended by inserting, after  the words “commissioner of” in the last sentence of the third paragraph, the following:-

elementary and secondary

SECTION 3. Said section 4E, as so appearing, is hereby further amended by striking the word “educational” in the first sentence of the seventh paragraph and inserting in place thereof the following:-

education

SECTION 4.  Said section 4E, as so appearing, is hereby further amended by striking the word “educational” in the second sentence of the seventh paragraph and inserting in place thereof the following:-

education

SECTION 5. Said section 4E, as so appearing, is hereby further amended by striking the words “board of education” in the second sentence of the ninth paragraph and inserting in place thereof the following:-

board of elementary and secondary education

SECTION 6. Said section 4E, as so appearing, is hereby further amended by striking the words “board of education” in the third sentence of the ninth paragraph and inserting in place thereof the following:-

board of elementary and secondary education

SECTION 7.  Subsection a of section 1J of chapter 69, as appearing in section 3 of chapter 12 of the acts of 2010, is hereby amended by inserting after the word “based” in the first sentence of the second paragraph the following:-

on

SECTION 8.  Subsection c of said section 1J, as so appearing, is hereby further amended by striking the word “rates” the first time it appears in clause 6 of the first paragraph.

SECTION 9.  Said subsection c, as so appearing, is hereby further amended by striking the word “and” at the end of clause 4 in the second paragraph.

SECTION 10.  Said subsection c, as so appearing, is hereby further amended by striking the word “rates” the first time it appears in clause 1 of the fourth paragraph.

SECTION 11.  Said subsection c, as so appearing, is hereby further amended by striking the words “promotion and graduation” in clause 3 of the fourth paragraph and inserting in place thereof the following:-

SECTION 12. Subsection d of said section 1J, as so appearing, is hereby amended by striking “,” in clause 4 the third, fifth, and sixth time it appears.

SECTION 13.  Said subsection d, as so appearing, is hereby further amended by striking “reapplications.”  in clause 7 and inserting in place thereof the following:-

reapplications;

SECTION 14.  Said subsection d, as so appearing, is hereby further amended by inserting, after the word “superintendent” in clause 8 the following:-

or, if one has been appointed pursuant to subsection (h), the school’s receiver,

SECTION 15.  Said subsection d, as so appearing, is hereby further amended by inserting, after the word “superintendent” in the first sentence of the second paragraph, the following:-

SECTION 16.  Said subsection d, as so appearing, is hereby further amended by inserting, after the word “superintendent” in the first sentence of the third paragraph, the following:-

SECTION 17.  Subsection g of said section 1J, as so appearing, is hereby amended by inserting after the word “issues” in the last sentence of the first paragraph the following:-

to

SECTION 18.  Said subsection g, as so appearing, is hereby further amended by inserting after the word “for” in the last sentence of the first paragraph the following:-

a

SECTION 19.  Said subsection g, as so appearing, is hereby further amended by striking the word “who” in the first sentence of the second paragraph and inserting in place thereof the following:-

of whom

SECTION 20.  Said subsection g, as so appearing, is hereby further amended by striking “circumstance,” in the third sentence of the third paragraph and inserting in place thereof the following:-

circumstance

SECTION 21. Subsection k of said section 1J, as so appearing, is hereby amended by striking the words “(b) to (g) inclusive” in the second sentence of the second paragraph and inserting in place thereof the following:-

(b) to (g), inclusive

SECTION 22.  Subsection l of said section 1J, as so appearing, is hereby amended by striking the words “(a),the” in the second sentence and inserting in place thereof the following:-

(a), the

SECTION 23. Subsection n of said section 1J, as so appearing, is hereby amended by striking the words “attendance ,dismissal rates” in clause 6 of the first paragraph and inserting in place thereof the following:-

attendance, dismissal

SECTION 24.  Said subsection n, as so appearing, is hereby further amended by striking the words “attendance ,dismissal rates” in clause 1 of the fourth paragraph and inserting in place thereof the following:-

attendance, dismissal

SECTION 25.  Said subsection n, as so appearing, is hereby further amended by striking the words “promotion and graduation” in clause 3 of the fourth paragraph and inserting in place thereof the following:-

SECTION 26.   Subsection o of section 1J, as so appearing, is hereby amended by striking “an administrator ,or” in clause 4 of the first paragraph and inserting in place thereof the following:-

SECTION 27.  Said subsection o, as so appearing, is hereby further amended by striking the words “administrators,. or” in clause 4 of the first paragraph and inserting in place thereof the following:-

SECTION 28. Said subsection o, as so appearing, is hereby further amended by striking the word “superintendent” in clause 8 in the first paragraph and inserting in place thereof the following:-

commissioner or, if one has been appointed pursuant to subsection (r), the school’s receiver,

SECTION 29.  Said subsection o, as so appearing, is hereby further amended by striking the words “the common core” in clause 13 and inserting in place thereof the following words:-

a common core

SECTION 30.  Said subsection o, as so appearing, is hereby further amended by inserting, after the word “commissioner” in the first sentence of the second paragraph:-

SECTION 31.  Said subsection o, as so appearing, is hereby further amended by striking the figure “(7)” in the second paragraph and inserting in place thereof the following:-

(8)

SECTION 32.  Said subsection o, as so appearing, is hereby further amended by striking the word “superintendent” in the first sentence of the third paragraph and inserting in place thereof the following word:-

SECTION 33.  Subsection q of section 1J, as so appearing, is hereby amended by striking the words “majority of the board,” in the second sentence and inserting in place thereof the following:-

majority of the board

SECTION 34.  Subsection v of section 1J, as so appearing, is hereby amended by striking “(1)if” in the first sentence of the third paragraph and inserting in place thereof the following:-

(1)              if

SECTION 35. Subsection b of section 1K of chapter 69, as appearing in section 3 of chapter 12 of the acts of 2010, is hereby amended by striking the word “an” in the first sentence and inserting in place thereof the following:-

a

SECTION 36.  Said subsection b, as so appearing, is hereby further amended by striking the word “meetings.” in the fifth sentence of the second paragraph in inserting in place thereof the following:-

meeting.

SECTION 37.  Subsection c of section 1K, as so appearing, is hereby amended by striking “commissioner,;” in clause 3 of the first sentence of the first paragraph and inserting in place thereof the following:-

commissioner;

SECTION 38.  Said subsection c, as so appearing, is hereby further amended by striking the word “an” in the first sentence of the second paragraph and inserting in place thereof the following:-

a

SECTION 39.  Said subsection c, as so appearing, is hereby further amended by striking the words “student attendance , dismissal rates” in clause 1 of the third paragraph and inserting in place thereof the following:-

student attendance, dismissal

SECTION 40.  Said subsection c, as so appearing, is hereby further amended by striking the words “promotion and” in clause 3 of the third paragraph and inserting in place thereof the following:-

promotion,

SECTION 41. Subsection d of section 1K, as so appearing, is hereby amended by striking the “,” the third and fifth time it appears in clause 3 of the first paragraph.

SECTION 42. Said subsection d, as so appearing, is hereby further amended by striking the words “reapplications. turnaround plan;” in clause 7 and inserting in place thereof the following:-

reapplications;

SECTION 43. Said subsection d, as so appearing, is hereby further amended by striking the words “the common core” in clause 12 and inserting in place thereof the following words:-

a common core

SECTION 44.  Said subsection d, as so appearing, is hereby further amended by striking the words “commissioner/superintendent” in the first sentence of the third paragraph and inserting in place thereof the following:-

commissioner

SECTION 45.  Subsection e of said section 1K, as so appearing, is hereby amended by striking the word “if” in the first sentence of the first paragraph and inserting in place thereof the following:-

If

SECTION 46.  Said subsection e, as so appearing, is hereby further amended by striking the words “for dispute resolution process” in the last sentence of the first paragraph and inserting in place thereof the following:-

for a dispute resolution process

SECTION 47.  Said subsection e, as so appearing, is hereby further amended by striking the words “1 who” in the first sentence of the second paragraph and inserting in place thereof the following:-

1 of whom

SECTION 48.  Said subsection e, as so appearing, is hereby further amended by striking “circumstance,” in the third sentence of the third paragraph and inserting in place thereof the following:-

circumstance

SECTION 49.  Subsection f of said section 1K, as so appearing, is hereby amended by striking the words “subsection (g).” and inserting in place thereof the following:-

subsection (h).

SECTION 50.  Subsection g of said section 1K, as so appearing, is hereby amended by striking the words “subsection (g).” in the second sentence and inserting in place thereof the following:-

subsection (h).

SECTION 51. Subsection h of said section 1K, as so appearing, is hereby amended by striking the words “in manner consistent” in the second sentence of the third paragraph and inserting in place thereof the following:-

in a manner consistent

SECTION 52.  Subsection j of said section 1K, as so appearing, is hereby amended by striking the words “subsection (h)” and inserting in place thereof the following:-

subsection (i)

SECTION 53.  Subsection c of section 89 of chapter 71, as appearing in section 7 of chapter 12 of the acts of 2010, is hereby amended by striking the word “conversion” the second time it appears in the third sentence of the second paragraph, the following:-

conversions

SECTION 54.  Subsection e of said section 89, as so appearing, is hereby further amended by striking the word “bylaws” in clause (viii) and inserting in place thereof the following:-

by-laws

SECTION 55. Subsection h of said section 89, as so appearing, is hereby further amended by striking the word “subdivisions,” in the last sentence of the first paragraph and inserting in place thereof the following:-

subdivisions

SECTION 56. Said subsection h, as so appearing, is hereby further amended by striking the words “, the applicant, in support of, or in opposition to, the school submitted” in the last sentence of the first paragraph, and inserting in place thereof the following:-

and the applicant

SECTION 57. Subsection i(3) of said section 89, as so appearing, is hereby further amended by inserting after the figure “1I” in the first sentence of the second paragraph, the following:-

of chapter 69

SECTION 58. Said subsection i(3), as so appearing, is hereby further amended by striking the words “but not limited to: (i)” in the first sentence and inserting in place thereof the following:-

but not be limited to:

SECTION 59.  Said subsection i(3), as so appearing, is hereby further amended by striking the words “comparable or greater percentage of special education” in the first sentence of the second paragraph and inserting in place thereof the following:-

comparable or greater percentage of: (i) special education

SECTION 60.  Said subsection i(3), as so appearing, is hereby further amended by striking the words “Assessment examination and 2 or more” in the first sentence of the second paragraph and inserting in place thereof the following:-

Assessment examination and (ii) 2 or more

SECTION 61.  Said subsection i(3), as so appearing, is hereby further amended by striking the figure “(ii)” in the second paragraph.

SECTION 62.  Said subsection i(3), as so appearing, is hereby further amended by striking the figure “(iii)” in the second paragraph.

SECTION 63. Said subsection i(3), as so appearing, is hereby further amended by striking the figure “(iv)” in the second paragraph.

SECTION 64.  Said subsection i(3), as so appearing, is hereby further amended by striking the figure “(v)” in the second paragraph.

SECTION 65.  Said subsection i(3), as so appearing, is hereby further amended by striking the word “previous” in the third paragraph, and inserting in place thereof the following:-

previously

SECTION 66. Subsection n of said section 89, as so appearing, is hereby further amended by striking the words “preference of” in the last sentence of the second paragraph, and inserting in place thereof the following:-

preference to

SECTION 67. Said subsection n, as so appearing, is hereby further amended by inserting after the word “vacant” the second time it appears in the third sentence of the fifth paragraph the following:-

seats

SECTION 68.  Subsection s of said section 89, as so appearing, is hereby further amended by striking the word “the” in the second sentence, the first time it appears.

SECTION 69. Subsection jj of said section 89, as so appearing, is hereby amended by striking the word “on” in the last sentence of the second paragraph and inserting in place thereof the following:-

and

SECTION 70. Subsection kk of said section 89, as so appearing, is hereby further amended by striking the word “learners” in the second sentence and inserting in place thereof the following:-

learner

SECTION 71. Subsection f of section 92 of chapter 71, as appearing in section 8 of chapter 12 of the acts of 2010, is hereby amended by striking the figure “(xii)” the second time it appears and inserting in place thereof the following:-

(xiii)

SECTION 72.  Subsection j of said section 92, as so appearing, is hereby amended by striking the word “and” after clause (v) in the fourth sentence of the first paragraph.

SECTION 73.  Said subsection j, as so appearing, is hereby further amended by striking the figure “(7)” in the fourth sentence of the first paragraph and inserting in place thereof the following:-

and (vii)

SECTION 74.  Subsection l of said section 92, as so appearing, is hereby further amended by striking the “,” in the first sentence, the third time it appears.

SECTION 75. Said subsection l, as so appearing, is hereby further amended by striking the word “schoolcommittee” in the third sentence and inserting in place thereof the following:-

school committee

SECTION 76. Said subsection l, as so appearing, is hereby further amended by striking the word “members” in the third sentence of the first paragraph and inserting in place thereof the following:-

members,

SECTION 77.  Subsection m of said section 92, as so appearing, is hereby further amended by inserting, after the words “pursuant to subsection (l);” in the fourth sentence, the following:-

and

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