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HOUSE DOCKET, NO. 2923        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 457


The Commonwealth of Massachusetts



Alice Hanlon Peisch and Jason M. Lewis


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 reviving the foundation budget review commission.






Alice Hanlon Peisch

14th Norfolk

Steven M. Walsh

11th Essex

Benjamin Swan

11th Hampden

Carlo Basile

1st Suffolk

Ann-Margaret Ferrante

5th Essex

Louis L. Kafka

8th Norfolk

Paul McMurtry

11th Norfolk

Sarah K. Peake

4th Barnstable

Martin J. Walsh

13th Suffolk

Peter V. Kocot

1st Hampshire

Lori A. Ehrlich

8th Essex

Angelo J. Puppolo, Jr.

12th Hampden

James R. Miceli

19th Middlesex

William Smitty Pignatelli

4th Berkshire

Tackey Chan

2nd Norfolk

Denise Provost

27th Middlesex

Jason M. Lewis

Fifth Middlesex

Frank I. Smizik

15th Norfolk

Ruth B. Balser

12th Middlesex

Kay Khan

11th Middlesex

David Paul Linsky

5th Middlesex

Tom Sannicandro

7th Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Richard J. Ross

Norfolk, Bristol and Middlesex

John H. Rogers

12th Norfolk

Paul W. Mark

2nd Berkshire

James J. Dwyer

30th Middlesex

Bradley H. Jones, Jr.

20th Middlesex

Jay R. Kaufman

15th Middlesex

Jonathan Hecht

29th Middlesex

Michael J. Finn

6th Hampden

Peter J. Durant

6th Worcester

Denise Andrews

2nd Franklin

John D. Keenan

7th Essex

Ryan C. Fattman

18th Worcester

Katherine M. Clark

Fifth Middlesex

Sean Garballey

23rd Middlesex

Jonathan D. Zlotnik

2nd Worcester

Stephen Kulik

1st Franklin

Patricia D. Jehlen

Second Middlesex

Timothy R. Madden

Barnstable, Dukes and Nantucket

Carl M. Sciortino, Jr.

34th Middlesex

Jeffrey N. Roy

10th Norfolk

Aaron Vega

5th Hampden

Harold P. Naughton, Jr.

12th Worcester

Danielle W. Gregoire

4th Middlesex

James Arciero

2nd Middlesex

David M. Rogers

24th Middlesex

Josh S. Cutler

6th Plymouth

Thomas M. Stanley

9th Middlesex

Cheryl A. Coakley-Rivera

10th Hampden

James B. Eldridge

Middlesex and Worcester

Kate Hogan

3rd Middlesex

Carolyn C. Dykema

8th Middlesex

Paul Brodeur

32nd Middlesex

James J. O'Day

14th Worcester

Christopher G. Fallon

33rd Middlesex

Paul R. Heroux

2nd Bristol

Michael D. Brady

9th Plymouth

Keiko M. Orrall

12th Bristol

Gale D. Candaras

First Hampden and Hampshire

Brian M. Ashe

2nd Hampden

Daniel B. Winslow

9th Norfolk

John P. Fresolo

16th Worcester

Thomas P. Conroy

13th Middlesex

Bruce E. Tarr

First Essex and Middlesex

Geoff Diehl

7th Plymouth

Kenneth I. Gordon

21st Middlesex

HOUSE DOCKET, NO. 2923        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 457

By Representatives Peisch of Wellesley and Lewis of Winchester, a petition (accompanied by bill, House, No. 457) of Alice Hanlon Peisch and others relative to improving the quality of education by reviving the foundation budget review commission.  Education. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act reviving the foundation budget review commission.


              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 70 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out Section 4, as so appearing, and inserting in place thereof the following section:-

              Section 4. There shall be a foundation budget review commission to review the way in which foundation budgets are calculated and to make recommendations to the general court regarding such changes as may be appropriate. In conducting such review, the commission shall seek to determine the educational programs and services necessary to achieve the commonwealth’s educational goals, including those necessary to fully implement state curriculum standards and to prepare students to achieve passing scores on the Massachusetts Comprehensive Assessment System examinations. The review shall include, but not be limited to: class size; special education programs, including programs for English language learners; preschool programs for all 3 and 4 year-olds and full-day kindergarten; additional resources necessary to assure educational opportunity for low-income students; salaries necessary to attract and retain high quality professionals; extracurricular programs; remedial programs for students at risk of failing to satisfy graduation requirements; books and other curriculum materials; equipment for science lab programs; and technology. In addition, the commission shall seek to determine how resources can be used in the most effective manner. In carrying out the review, the commission shall examine relevant data and any reports on education funding produced within the 10 years preceding the issuance of a commission report. The commission shall include the house and senate chairs of the joint committee on education, who shall serve as co-chairs, the secretary of education, the commissioner of elementary and secondary education, the speaker of the house of representatives or a designee, the president of the senate or a designee, the minority leader of the house of representatives or a designee, the minority leader of the senate or a designee, the governor or a designee, the chair of the house committee on ways and means or a designee, the chair of the senate committee on ways and means or a designee and 1 member to be appointed by each of the following organizations:  the Massachusetts Municipal Association, the Massachusetts Business Alliance for Education, the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the Massachusetts Budget and Policy Center, the League of Women Voters of Massachusetts, the Massachusetts Parent Teacher Association, Stand for Children, the Massachusetts Association of Vocational Administrators and the Massachusetts Association of Regional Schools. Members shall receive no compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The department shall furnish reasonable staff and other support for the work of the commission.

              Prior to issuing its recommendations, the commission shall conduct not fewer than four hearings to receive testimony from members of the public. The hearings shall be held in locations that provide opportunities for residents from all geographic regions of the commonwealth to testify.

              It shall not constitute a violation of chapter 268A for a person employed by a school district to serve on the commission or to participate in commission deliberations that may have a financial impact on the district employing that person or on the rate at which that person may be compensated. The commission may establish procedures to ensure that no such person participates in commission deliberations that may directly affect the school districts employing those persons or that may directly affect the rate at which those persons are compensated.

              The commission’s recommendations, together with any proposed legislation, shall be filed every four years with the clerks of the senate and house of representatives who shall refer such recommendations to the appropriate committee of the general court. Within 30 days after such filing, the committee shall hold a public hearing on the recommendations.

              SECTION 2.  The foundation budget review commission established in section 4 of chapter 70 of the General Laws shall file its initial recommendations with the clerks of the senate and house of representatives under said section 4 of said chapter 70 not later than December 31, 2013; provided, however, that the commission may issue an initial interim report before that date.

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