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SENATE DOCKET, NO. 1419        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 207


The Commonwealth of Massachusetts



Sonia Chang-Diaz


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.






Sonia Chang-Diaz

Second Suffolk

Katherine M. Clark

Fifth Middlesex

Barry R. Finegold

Second Essex and Middlesex

Danielle W. Gregoire

4th Middlesex

Sal N. DiDomenico

Middlesex and Suffolk

Angelo J. Puppolo, Jr.

12th Hampden

William N. Brownsberger

Second Suffolk and Middlesex

Michael O. Moore

Second Worcester

Kay Khan

11th Middlesex

Cheryl A. Coakley-Rivera

10th Hampden

Richard T. Moore

Worcester and Norfolk

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

Daniel A. Wolf

Cape and Islands

Mary S. Keefe

15th Worcester

Kenneth J. Donnelly

Fourth Middlesex

Denise Andrews

2nd Franklin

Richard J. Ross

Norfolk, Bristol and Middlesex

Patricia D. Jehlen

Second Middlesex

Sean Garballey

23rd Middlesex

John Hart, Jr.

First Suffolk

Gale D. Candaras

First Hampden and Hampshire

Michael R. Knapik

Second Hampden and Hampshire

James B. Eldridge

Middlesex and Worcester

Linda Dorcena Forry

12th Suffolk

Jennifer E. Benson

37th Middlesex

Marjorie C. Decker

25th Middlesex

James J. O'Day

14th Worcester

Timothy R. Madden

Barnstable, Dukes and Nantucket

James E. Timilty

Bristol and Norfolk

Karen E. Spilka

Second Middlesex and Norfolk

Brian M. Ashe

2nd Hampden

John F. Keenan

Norfolk and Plymouth

Eileen M. Donoghue

First Middlesex

Cynthia S. Creem

First Middlesex and Norfolk

Thomas P. Kennedy

Second Plymouth and Bristol

Bruce E. Tarr

First Essex and Middlesex

SENATE DOCKET, NO. 1419        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 207

By Ms. Chang-Diaz, a petition (accompanied by bill, Senate, No. 207) of Sonia Chang-Diaz, Katherine M. Clark, Barry R. Finegold, Danielle W. Gregoire and other members of the General Court for legislation to revive 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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