Budget Amendment ID: FY2012-S3-274

EDU 274

Regional School Transportation

Messrs. Downing, Rosenberg, Wolf, Knapik, Eldridge, Richard T. Moore, Tarr, Ross and Pacheco moved that the proposed new text be amended in section 2, in item 7035-0006, by striking out the figure “$40,521,000” and inserting in place thereof the following figure:-  “$43,521,000”.

Budget Amendment ID: FY2012-S3-275

EDU 275

School-to-career connecting activities

Messrs. Hart, Welch, Wolf and DiDomenico moved that the proposed new text be amended in section 2, in item 7027-0019, by striking out the figure “$1,200,000” and inserting in place thereof the following figure: “$2,000,000”.

Budget Amendment ID: FY2012-S3-276

EDU 276

Targeted Intervention in Underperforming Schools

Mr. McGee and Ms. Chang-Diaz and Ms. Creem and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 7061-9408, by striking out the figures “$6,740,746” and inserting in place thereof the figures “$7,692,193”.

Budget Amendment ID: FY2012-S3-277

EDU 277

After School Out of School Time Budget Amendment

Messrs. McGee and DiDomenico moved that the proposed new text be amended in section 2, in item 7061-9611, by striking out the figure”$1,410,000” and inserting the following figure “$2,000,000.”

Budget Amendment ID: FY2012-S3-279

EDU 279

Funding Replacement Voc.-Tech. Public High School Instructional Equipment

Messrs. Knapik, Tarr and Ross moved that the proposed new text be amended in section 2, by inserting, after the section XXX, the following new Section:- Section 1F of chapter 69 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:- The board shall expend a sum, not exceeding $2,500,000 in any academic year, for the purpose of aiding vocational or technical public high schools in the replacement of instructional equipment.  These funds shall be made available, subject to board approval, as matching grants to public vocational or technical high schools for the purpose of replacing capital instructional equipment.  Each vocational or technical public high school shall be eligible for up to $125,000 of these funds per academic year.

Budget Amendment ID: FY2012-S3-280-R1

Redraft EDU 280

Scholarship Program

Messrs. Moore and DiDomenico moved that the proposed new text be amended in section 2, in item 7070-0065, by inserting after the word “assistance”, in line 7, the following words:- “; provided further, that funds from this item shall be in addition to $1,000,000 made available by the Massachusetts Education Finance Authority in fiscal year 2012 for a program of needs-based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education at the University of Massachusetts, the state universities or the community colleges”; and in said item 7070-0065, by striking out the figure “$86,507,756” and inserting in place thereof the following figure:- “$87,507,756".

Budget Amendment ID: FY2012-S3-281

EDU 281

Higher Education Endowment Match Program

Messrs. Moore and DiDomenico moved that the proposed new text be amended by inserting, after Section ___, the following new Sections:-

"SECTION ____. Section 15E of chapter 15A of the General Laws, as amended by section 26 of chapter 189 of the acts of 2010, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:—

Subject to appropriation, the commonwealth shall contribute funds to each institution's recognized foundation in an amount necessary to match private contributions in the current fiscal year to the institutions or a foundation's endowment or capital outlay program based on the following matching formula: subject to appropriation, the commonwealth's contribution shall be equal to $1 for every $2, privately contributed to the university's board of trustees or a foundation; $1 for every $2, or $1 dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each state university's board of trustees or foundation; and $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to each community college's board of trustees or foundation.

SECTION ____. Said section 15E of said chapter 15A is hereby further amended by striking out the fourth paragraph."

Budget Amendment ID: FY2012-S3-282

EDU 282

Child Care Resource and Referral Agencies

Messrs. Montigny and Knapik and Ms. Chang-Diaz and Messrs. Eldridge, Keenan and Wolf moved that the proposed new text be amended in section 2, in item 3000-2000, in section 2, in line item 3000-2000, by striking out the figure “$4,433,862” and inserting in place thereof the following figure:- “$ 5,933,862”.

Budget Amendment ID: FY2012-S3-283

EDU 283

BAY STATE READING INSTITUTE

Mr. Tarr moved that the proposed new text be amended in section 2, in item 7010-0020, by striking the words “in schools and districts at risk of or determined to be underperforming” and inserting in place thereof the following “in districts and schools found by the department of elementary and secondary education to be at levels 3, 4, and 5 with preference for schools and districts at levels 4 and 5”

Budget Amendment ID: FY2012-S3-284

EDU 284

Chapter 766 Schools

Ms. Chandler and Messrs. Downing, Knapik, Donnelly and Rodrigues and Ms. Fargo and Messrs. DiDomenico, Keenan and Wolf moved that the proposed new text be amended in Section 130 by striking in the first sentence the words “shall set those prices in the fiscal year 2012 at the same level for fiscal year 2011” and insert in place the following words:- “shall set the prices in fiscal year 2012 by increasing the final fiscal year price by the rate of inflation as determined by the division”

Budget Amendment ID: FY2012-S3-285

EDU 285

An Amendment Relative to Voter Registration in Public High Schools

Mr. Knapik and Ms. Spilka and Mr. Moore and Ms. Creem and Mr. DiDomenico moved that the proposed new text be amended by inserting, after Section XXX, the following new Section:-

Chapter 71 of the General Laws is hereby amended by inserting after section 34H the following section:-

Section 34I. (a) Each public high school shall host a voter registration day in the months of May and September of each year for the purpose of encouraging voter participation and civic engagement among the young adult population of the commonwealth.   The principal of each high school shall be responsible for designating these days.

(b) The city or town clerk or an assistant clerk shall be present and available in the high school building for the purpose of registering those individuals eligible to vote.

(c) The office of the secretary of state shall provide information in the form of pamphlets, books, and other educational materials regarding the state and federal election process to each high school for use on the designated voter registration days.

Budget Amendment ID: FY2012-S3-286-R1

Redraft EDU 286

Dual Enrollment

Mr. Downing moved that the proposed new text be amended in section 2, , by inserting after line item 7066-0016 the following item:

"7066-0019. For the department of higher education to support the dual enrollment program allowing qualified high school students to take college courses; provided, that public higher education institutions may offer courses in high schools in addition to courses offered at the institutions or online if the number of students is sufficient.........................$250,000"

Budget Amendment ID: FY2012-S3-287

EDU 287

One Time Regionalization Bonus Aid

Messrs. Eldridge and Wolf moved that the proposed new text be amended by inserting after item 7061-9804 the following item: -

“7061-XXXX For regional bonus aid pursuant to M.G.L. Chapter 71 Section 16(D)(g)……….$300,000”

Budget Amendment ID: FY2012-S3-288

EDU 288

RECOVERY HIGH SCHOOLS TECHNICAL CHANGE

Mr. Tolman moved that the proposed new text be amended in Section 3, in line 8, by inserting after the word “for” the following words:- “section 91 of chapter 71 of the General Laws,”; and

by inserting after Section 53 the following new Section:-

“SECTION 53A. Section 91 of chapter 71 of the General Laws, as amended by section 52 of chapter 131 of the acts of 2010, is hereby further amended by adding the following subsection:-

(e) Failure by a school district to transfer funds to a Recovery High School as required in subsection (b) shall result in a deduction of the amount therein from the home school district’s chapter 70 per pupil allotment for the following fiscal year.”

Budget Amendment ID: FY2012-S3-289

EDU 289

SCHOOL FOR MARINE SCIENCE AND TECHNOLOGY

Mr. Montigny moved that the proposed new text be amended in section 2, in item 7100-0200, by inserting at the end thereof the following:

; provided further, that the expansion or further development of the University of Massachusetts Dartmouth School for Marine Science and Technology shall be constructed contiguous to the current SMAST site or a similarly suitable site located within in the City of New Bedford.

Budget Amendment ID: FY2012-S3-290

EDU 290

SPECIAL COMMISSION ON EDUCATIONAL SCHOLARSHIPS

Messrs. Tolman and DiDomenico and Ms. Chang-Diaz and Messrs. Welch and McGee moved that the proposed new text be amended by inserting at the end thereof the following new section: -

SECTION XX

Section 1. There shall be a special commission to investigate and study the need to incentivize the commonwealth’s college scholarship system. The commission shall consist of: 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 representative, or a designee; the minority leader of the senate, or a designee; the house chair of the joint committee on higher education, or a designee; the senate chair of the joint committee on higher education, or a designee; the secretary of education, or a designee; the commissioner of higher education, or a designee; the executive director of the Massachusetts Educational Financing Authority, or a designee; and 6 persons appointed by the governor 1 of whom shall be a representative from the University of Massachusetts, 1 of whom shall be a representative from the state universities, 1 of whom shall be a representative from the community colleges, 1 of whom shall be a representative from the Association of Independent Colleges and Universities in Massachusetts, 1 of whom shall be a representative from the Massachusetts Bankers Association, and 1 of whom shall be a representative from Families United in Educational Leadership.

Section 2. The special commission shall make an investigation and study of the scholarship programs that provide financial assistance to Massachusetts students enrolled in or pursuing a program of higher education at any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education, and shall focus on students with little or no family history of college attendance. Said study shall examine methods that have been used in the commonwealth and other states to better prepare these students for college. The study shall include, but need not be limited to: the examination of voluntary college savings programs focused on the needs of said families; the possible use of federally matched independent development accounts; the impact of committing scholarship funds to students prior to the twelfth grade; the need for a pilot program for ninth through twelfth grade students in up to 5 public school districts to encourage family engagement and student academic achievement through the use of scholarships in conjunction with family savings for college; and potential additional funding sources for a college savings matching program with priority placed on financial matches that have no additional cost to the commonwealth.

Section 3. The commission shall report to the general court the results of its investigation and study, and its recommendations, if any, with the clerks of the senate and house of representatives who shall forward the same to the joint committee on higher education and the senate and house committees on ways and means not later than December 31, 2012.

Budget Amendment ID: FY2012-S3-291

EDU 291

Department of Higher Education

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 7066-0000, by striking out the figure "$1,624,791" and inserting in place thereof the following figure:- "1,673,842".

Budget Amendment ID: FY2012-S3-292

EDU 292

Teacher Training

Messrs. Petruccelli, Knapik, Rodrigues, Welch, Hart and DiDomenico and Ms. Creem moved that the proposed new text be amended in section 2, in item 7061-9804, by striking out the figures "$346,162" and inserting in place thereof the figures "$746,162"; and in said item by inserting after the words "August 31, 2012" the following:- "provided further, that not less than $400,000 shall be expended on a program which shall provide advanced placement math, science and English teacher training in at least 40 school districts, provided that such program shall provide a matching amount of at least $400,000 in private funding; and provided further, that the department shall deliver to the legislature an independent evaluation of the program and its impact on student achievement, particularly as it relates to closing achievement gaps"

Budget Amendment ID: FY2012-S3-293

EDU 293

Massachusetts Community College Consortium Proposal

Mr. Michael O. Moore moved that the proposed new text be amended by inserting, after Section ____, the following new Section:-

"SECTION ____ . Notwithstanding any general or special law to the contrary, the department of higher education, the department of labor and workforce development, and the department of elementary and secondary education hereby are directed to meet and confer concerning the United States Department of Labor Trade Adjustment Assistance Community College and Career Training Grant (Massachusetts Community College Consortium Proposal) and file a report and recommendations for sustainability funding for program by the Commonwealth to the House and Senate Committees on Ways and Means on or before October 1, 2011.”

Budget Amendment ID: FY2012-S3-294

EDU 294

Spirit of Knowledge Charter School

Mr. Michael O. Moore and Ms. Chandler and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7061-9010, by adding at the end thereof the following:- "and provided further, that the commissioner shall authorize a payment of not less than $384,960 to the Spirit of Knowledge Charter School from funds appropriated herein"; and in said item, by striking out the figure "$71,554,914" and inserting in place thereof the figure "$71,939,874".

Budget Amendment ID: FY2012-S3-295

EDU 295

early literacy, school readiness and parenting

Ms. Creem and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 3000-7050, by striking out the figure “$4,200,000” and inserting in place thereof the figure “$4,500,000”

Budget Amendment ID: FY2012-S3-296-R1

Redraft EDU 296

Inclusive Concurrent Enrollment

Ms. Creem and Ms. Chang-Diaz and Messrs. Welch, Donnelly, Tolman and Michael O. Moore moved that the proposed new text be amended in section 2, in item 7061-9600, <w:p><w:r><w:t xml:space="preserve">by striking out the words "maintain existing guidelines for this program" and by inserting in place thereof the following words:- “develop guidelines to ensure that the grant program promotes civic engagement and mentoring of faculty in state institutions of higher education and supports college success, work success, participation in student life of the college community and provision of a free appropriate public education in the least restrictive environment”;

and in said section 2, in said item 7061-9600, by striking out the words “maintain strategies and procedures to help sustain and replicate said inclusive concurrent enrollment programs” and inserting in place thereof the following words:- “develop strategies and procedures to help sustain and replicate the existing inclusive concurrent enrollment programs initiated through this pilot program, including, but not limited to: provision of funds to retain employment specialists and assist students in meeting competitive employment and other transition-related goals and adoption of procedures and funding mechanisms to ensure that new partnerships of institutions of higher education and school districts providing inclusive concurrent enrollment programs fully utilize the models and expertise developed in existing partnerships; provided further, that the department shall develop a mechanism to encourage existing and new partnerships to expand capacity to respond to individual parents who request an opportunity for their children to participate in the inclusive concurrent enrollment initiative; provided further, that tuition for courses shall be waived by the institutes of higher education for students enrolled through this grant program”

Budget Amendment ID: FY2012-S3-297

EDU 297

Dorchester Youth Collaborative Youth Violence Prevention

Mr. Hart moved that the proposed new text be amended in section 2, in item 7061-9611, by adding the following at the end of the last sentence, thereof:

“provided further that not less than $ 100,000.00 shall be expended to the Dorchester Youth Collaborative, in Dorchester section of the city of Boston to act as a lead agency to provide after school tutoring, out of school mentoring and various intervention programs to avoid and reduce incarcerations, gang-violence, and to promote good citizenship.”

Budget Amendment ID: FY2012-S3-298

EDU 298

Department of Early Education and Care Administration

Ms. Candaras and Messrs. Knapik and DiDomenico moved that the proposed new text be amended in section 2, in item 3000-1000, Ms. Candaras moved that the bill be amended, in section 2, in item 3000-1000, by striking out the figure "$11,104,990" and inserting in place thereof the figure:- "$11,683,491".

Budget Amendment ID: FY2012-S3-299

EDU 299

Include transportation costs in the special education circuit breaker

Ms. Creem and Messrs. Richard T. Moore and Ross moved that the proposed new text be amended by inserting, after Section __, the following new section:-

SECTION __.  The fourth sentence of subsection (a) of section 5A of chapter 71B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the word “not” and said section is further amended by striking, in lines 26 and 27, the following words: - “transportation costs”

Budget Amendment ID: FY2012-S3-300

EDU 300

Reduce Circuit Breaker Reimbursement Threshold

Ms. Creem moved that the proposed new text be amended by inserting, after Section __, the following new section:-

SECTION __. Subsection (c) of section 5A of chapter 71B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 44, the number “4” and replacing it with the number “3” and said section is further amended by striking, in line 51, the number “4” and replacing it with the number “3”.

Budget Amendment ID: FY2012-S3-301

EDU 301

YouthBuild

Ms. Donoghue and Messrs. DiDomenico and Rodrigues and Ms. Chang-Diaz, Ms. Clark and Ms. Chandler and Messrs. Kennedy, Welch, Tolman, Keenan, Knapik and Donnelly and Ms. Candaras moved that the proposed new text be amended in section 2, in item 7061-9626, by striking out the figure "$1,150,000" and inserting in place thereof the following figure:- "1,300,000".

Budget Amendment ID: FY2012-S3-302

EDU 302

Special Education Circuit Breaker

Ms. Clark and Messrs. Kennedy and Keenan and Ms. Creem and Messrs. McGee and Finegold moved that the proposed new text be amended in section 2, in item 7061-0012, by striking out, in line 10, the figure “$4,000,000” and inserting in place thereof the following figure:- “$6,500,000”;

and

in said section 2, in said item 7061-0012, by striking out the figure “$183,119,160” and inserting in place thereof the following figure:-  “$194,119,160”.

Budget Amendment ID: FY2012-S3-303-R2

2nd Redraft EDU 303

Virtual Schools in School Choice

Mr. Rosenberg moved that the proposed new text be amended By inserting, after Section 53 the following Section:-

“SECTION 53A.  Section 92 of chapter 71 of the General Laws, inserted by section 8 of chapter 12 of the acts of 2010, is hereby amended by adding the following subsection:-

(q) Failure by a school district to transfer funds to an innovation school as required in subsection (b) shall result in a deduction of the amount therein from the home school district’s chapter 70 per pupil allotment for the following fiscal year.”

Budget Amendment ID: FY2012-S3-306

EDU 306

Postsecondary Education for Disabled Students

Mr. Berry moved that the proposed new text be amended in section 2, in item 7066-0025, Mr. Berry moved that the bill be amended, in section 2, in item 7066-0025, by adding at the end thereof the following: “provided further that $1,000,000 be expended for the purpose of reimbursing public institutions of higher education for costs associated with assistance for students with disabilities and disabled veterans.  The funds shall be distributed to each campus based on the number of students receiving assistance.”

Budget Amendment ID: FY2012-S3-307-R1

Redraft EDU 307

Family Preservation Support

Ms. Clark, Ms. Spilka, Ms. Creem, Messrs. Donnelly and Michael O. Moore, Ms. Fargo and Mr. Eldridge moved that the proposed new text be amended in section 2, by striking out the figure “$4,000,000” and inserting in place thereof the figure “$6,500,000”.

Budget Amendment ID: FY2012-S3-308

EDU 308

Early childhood mental health consultation services

Messrs. Keenan, Moore, Knapik and DiDomenico and Ms. Chandler moved that the proposed new text be amended in section 2, in item 3000-6075, by striking out the figure "600,000" and inserting in place thereof the figure "750,000".

Budget Amendment ID: FY2012-S3-310

EDU 310

Schools-To-Careers Partnerships

Mr. Joyce moved that the proposed new text be amended in section 2, in item 7061-9404, in section 2, in item 7061-9404, by inserting the following:- "provided further, that funds shall be expended to fund school to careers partnerships in accordance with item 7027-0016 of section 2 of chapter 61 of the acts of 2007."

Budget Amendment ID: FY2012-S3-311

EDU 311

Urban and Commissioner's Districts

Mr. Joyce moved that the proposed new text be amended in section 2, in item 7061-0029, in section 2, in item 7061-0029, by inserting the following:- "provided further that the district of Randolph shall join the ten districts of Boston, Brockton, Fall River, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Springfield, and Worcester, in the cohort known as the Commissioner’s Districts”

Budget Amendment ID: FY2012-S3-312-R1

Redraft EDU 312

Randolph Parent Academy

Mr. Joyce moved that the proposed new text be amended in section 2, in item 7061-9408, in section 2, in item 7061-9408, by inserting the following:- "provided further, that funds may be expended for the continuation of a parent engagement program pursuant to section 2 of chapter 182, of the acts of 2008.”

Budget Amendment ID: FY2012-S3-313

EDU 313

Mentoring Matching Grants

Mr. Rosenberg and Ms. Clark and Messrs. DiDomenico, Knapik, Rodrigues and Kennedy and Ms. Chang-Diaz and Messrs. Montigny, Finegold, Moore and Hart moved that the proposed new text be amended in section 2, in item 7061-9634, by striking the words “Massachusetts Service Alliance” and replacing them with “Mass Mentoring Partnership,” and to strike “$100,000” and replace with “$250,000.”

Budget Amendment ID: FY2012-S3-314

EDU 314

Middle School Targeted Assistance

Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7061-9408, by inserting at the end thereof the following words:- "provided further, that in carrying out the provisions of this item, the department may contract with vendors that have an established record of working with schools to target and enhance middle school academic support services, provided the department shall give priority to programs that have the capacity to serve not less than 25% of a district’s middle school population, make available documentation of a minimum of $1 in private sector local or federal funds for every $1 in state funds, extend the learning day for students on site in the same building where students attend school during the day by a minimum of 10 hours per school week, provided further, said programs shall have conducted at least one independent longitudinal study demonstrating gains in student performance in any of the following areas; MCAS scores, school attendance, student grades, or long-term high school graduation rates, teach students in groups with ratios no larger than one to eighteen, integrate an extended school faculty which includes an on-site leader, and further, said program shall develop data sharing agreements and MOUs with middles schools to ensure the timely and effective sharing of grade progress and other formative or diagnostic measurement of student progress"

Budget Amendment ID: FY2012-S3-316

EDU 316

JFY NETWORKS

Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 7061-9404, by inserting after the words “summer remediation programs” in the first instance, the following words:- "provided further, that not less than $200,000 shall be expended for JFY Networks for the purposes of enhancing student performance and addressing achievement gaps through the use of instructional software, teacher training, and support;"

Budget Amendment ID: FY2012-S3-317

EDU 317

Tynan Community Center

Mr. Hart moved that the proposed new text be amended in section 2, in item 7061-9611, by inserting in last sentence after the word “item”, the words “provided further than not less than $ 180,000 shall not be expended for the Tynan Community Center.”

Budget Amendment ID: FY2012-S3-318

EDU 318

Extended Learning Time

Messrs. Rodrigues and DiDomenico moved that the proposed new text be amended in section 2, in item 7061-9412, by striking out the figures “$13,139,669” and inserting in place thereof the following figures:- “$13,918,030”.

Budget Amendment ID: FY2012-S3-319

EDU 319

Mentoring Initiatives Combating the Dropout of At-Risk Youth

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 7061-9404, by adding the following:- “provided further, that funding may be expended for literacy-based mentoring initiatives that combat the chronic dropout of at-risk youths that received funding in fiscal year 2010.”

Budget Amendment ID: FY2012-S3-320

EDU 320

SPECIAL EDUCATION CIRCUIT BREAKER

Ms. Spilka and Ms. Chang-Diaz and Messrs. Tolman, Richard Moore, Eldridge, Michael Moore, Finegold, Knapik and DiDomenico and Ms. Jehlen and Ms. Chandler and Messrs. Joyce and Kennedy moved that the proposed new text be amended in section 2, in item 7061-0012, by striking out the figure “$183,119,160” and inserting in place thereof the following figure:- “$213,119,160”.

Budget Amendment ID: FY2012-S3-321

EDU 321

Alternative Education Grants

Ms. Chang-Diaz and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 7061-9614, by striking out the figure “$146,140” and inserting in place thereof the following figure:- “$1,195,840”

Budget Amendment ID: FY2012-S3-323

EDU 323

After School and Out-of-School Time Grants

Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7061-9611, by striking out the figure "$1,410,000" and inserting in place thereof the following figure:- "$1,500,000"

Budget Amendment ID: FY2012-S3-325

EDU 325

State College Building Authority to Include Community Colleges 2

Mr. Michael O. Moore moved that the proposed new text be amended in Section 89 by inserting after the word "colleges" the following words:- "unless the board of higher education authorizes said action".

Budget Amendment ID: FY2012-S3-326

EDU 326

Special Education Services for School-Age Children in Institutional Schools

Messrs. Joyce and Kennedy and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7028-0031, the bill in Section 2, item 7028-0031, by striking out the figure, "$7,256,897" and inserting in place thereof the figure, "$7,507,038".

Budget Amendment ID: FY2012-S3-327

EDU 327

Community College Workforce Training

Ms. Donoghue moved that the proposed new text be amended in section 2, in item 7066-0015, by striking out the figure "$1,000,000" and inserting in place thereof the following figure:- "1,250,000".

Budget Amendment ID: FY2012-S3-328-R1

Redraft EDU 328

MCAS Student Support

Ms. Chang-Diaz and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 7061-9404, <w:p><w:r><w:t xml:space="preserve">by striking out the words “2012, inclusive, who have completed high school” and inserting in place thereof the following words:- “2014, inclusive, who may have completed all other high school requirements”; and

in said section 2, in said item 7061-9404, by striking out the words “the English and math MCAS tests” and inserting in place thereof the following words:- “the English, Math, and Science, Technology, and Engineering MCAS tests”; and

in said section 2,  in said item 7061-9404, by striking out the words “a competitive grant program to fund Pathways programs targeting eleventh and twelfth graders,” and inserting in place thereof the following words:- “competitive grants to fund Pathways programs targeting students in the graduating classes of 2003-2015,”; and

in said section 2, in said item 7061-9404, by inserting after the words “ who have not obtained a competency determination or have scored in levels 1 or 2 on either the English or math MCAS exams” the following words:- “or level 1 on Science, Technology and Engineering MCAS”; and

in said section 2, in said item 7061-9404, by striking out the words “students scoring in level 1 on the MCAS exam in English and math” and inserting in place thereof the following words:- “students scoring in level 1 on the MCAS exam in English, math and Science, Technology and Engineering”

Budget Amendment ID: FY2012-S3-329-R1

Redraft EDU 329

MCAS US History

Messrs. Hedlund, Knapik, Tarr and Ross moved that the proposed new text be amended by inserting after Section 53 the following section:-

“SECTION 53A.  The first sentence of the second paragraph of section 1D of chapter 69 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “history” the following words:- “including, but not limited to, United States history”; and by inserting after section 138 the following 2 sections:-

“SECTION 138A.  Pursuant to sections 1B and 1D of chapter 69 of the General Laws, the board of education shall include social science and history, including, but not limited to, instruction in the major principles of the Declaration of Independence, the United States Constitution, and the Federalist Papers as core subjects in the establishment of a set of statewide educational goals for all public elementary and secondary schools in the commonwealth.  Commencing with the graduating class of  2013, in addition to meeting the requirements contained in 603 CMR 30.02(2) and (3), students shall meet or exceed the Needs Improvement scaled score of 220 on the social science high school MCAS test and on the history high school MCAS test, including the United States history principles as provided in this section.

SECTION 138B.  The board of education shall amend regulations adopted pursuant to sections 1B and 1D of chapter 69 of the General Laws which are inconsistent with section 138A not later than 90 days after the effective date of this act.”

Budget Amendment ID: FY2012-S3-330

EDU 330

STREAMLINING EARLY EDUCATION GRANTS AND REPORTING

Mr. Tarr moved that the proposed new text be amended in section 2, in item 3000-1000, by inserting at the end thereof the following:-

“Provided further, that grants administered by the department shall be subject to reporting requirements from grant recipients at a frequency of not more than quarterly; and provided further, that prior to December 31, 2011, the department shall implement a grant application process that, to the greatest extent possible, utilizes a uniform consolidated application for all grants administered by the department; and provided further, that the department shall submit a report on the progress of said uniform application process to the house and senate committees on ways and means and the house and senate clerks on or before September 30, 2011”

Budget Amendment ID: FY2012-S3-331

EDU 331

Department of Elementary and Secondary Education Operations

Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7010-0005, by striking out the figure "$12,511,669" and inserting in place thereof the following figure:- "$12,767,009"

Budget Amendment ID: FY2012-S3-333

EDU 333

Quality Rating and Improvement System

Ms. Chang-Diaz and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 3000-6000, by inserting after the words “building careers program model;” the following words:- “provided further that $1,000,000 shall be expended for the continued development of a Quality Rating and Improvement System (QRIS);” and by striking out the figure "$13,986,633" and inserting in place thereof the following figure:- "$14,986,633"

Budget Amendment ID: FY2012-S3-334

EDU 334

Tuition Retention Local Option

Messrs. Rosenberg, Knapik and Tarr moved that the proposed new text be amended by inserting after Section____, the following new Section:-

SECTION______: SECTION ___. Section 9 of chapter 15A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) review and approve student charges of the state universities and community colleges, pursuant to section 42.

SECTION ___. Section 22 of said chapter 15A, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:-

(b) establish all student charges, under the process set forth in section 42, as applicable.  The student charges shall include fines and penalties collected pursuant to the enforcement of traffic and parking rules and regulations.  The rules and regulations shall be enforced by persons in the employ of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process; provided that the foregoing shall not authorize any action in contravention of the requirements of Section 1 of Article LXIII of the Amendments to the Constitution;

SECTION ___. Said chapter 15A of the General Laws, is hereby further amended by adding the following section:-

Section 42.  (a) This section shall apply only to those campuses for which the local board of trustees has approved by majority vote to accept this section.

(b) The board of trustees of each state university and community college shall, for each academic year beginning on or after July 1, 2012, fix and establish student charges for each such university or college, subject to the requirements of this section.  In-state student charges shall preserve affordability for residents of the commonwealth.  Out-of-state student charges shall appropriately balance the financial needs of the college with the need to be competitive with peer institutions regionally.  In setting student charges each state university and community college shall also consider factors including, but not limited to, the following:  actual appropriations received; the Consumer Price Index; the Higher Education Price Index; tuition and fee rates at peer institutions; collective bargaining costs; funding from the commonwealth measured with reference to the funding formula established under section 15B; and making progress towards ensuring that fees constitute no more than 25 per cent of student charges.  To the extent practicable, final student charges shall be established for each academic year not later than March 1 of the calendar year in which the rates shall take effect.

For the purposes of this section, “student charges” shall include tuition and fees that are charged to students generally for attendance at a state university or community college, but shall not include any fee or other charge established by such college that is specific to a particular course, program or activity, and shall not include any rates, rents, charges or fees set by the Massachusetts State College Building Authority.

(c) Beginning with the 2012-2013 academic year, each state university and community college shall submit a 5-year student charges plan to the board of higher education for the board’s approval.  The plan shall contain the annual student charges the university or college expects to approve for the university’s or college’s state-supported programs, under subsection (b), for a period of no fewer than 5 academic years.  The plan also shall include but not be limited to budget and enrollment projections for each year, projections for in-state and out-of-state enrollments for each year, consideration of segmental missions, and plans to ensure continuing access to the institution by residents of the commonwealth and to maintain and increase access for underrepresented student groups.  The board of higher education, in considering whether to approve a plan, shall consider but not be limited to considering the same factors the campuses must consider in setting student charges under this section.  For the first 5 years the board may also consider, to the extent practicable, any steps taken in the plan to ensure that fees constitute no more than 25 percent of student charges.  For the second 5 years and each plan submitted thereafter, the board shall consider the progress made toward ensuring that fees constitute no more than 25 per cent of student charges.  Within 120 days of the submission of a plan, the board of higher education shall either approve the plan or return it to the university or college with suggested changes.  The approval shall require a 2/3 vote of the board of higher education.  If the board of higher education does not vote on a plan within 120 days of its submission, the plan shall be considered approved.  A copy of the plan shall be provided to the joint committee on higher education and to the house and senate committees on ways and means at the time the plan is submitted to the board of higher education.

(d) If, following the approval of a state university’s or community college’s plan under subsection (c), the board of trustees of such university or college approves, for any academic year, student charges that are greater than 105 per cent of the student charges approved in such university’s or college’s plan, the university or college shall submit such greater rate to the board of higher education for its approval, as part of an amended student charges plan.  The amended plan shall describe in detail the reasons why the university’s or college’s student charges are greater than the expected student charges, and provide revised or updated information on budget and enrollment projections for each year, projections for in-state and out-of-state enrollments for each year, consideration of segmental missions and plans to ensure continuing access to the institution by residents of the commonwealth and to maintain and increase access for underrepresented student groups, as necessary.  Within 60 days of the submission of a revised plan, the board of higher education shall either approve the plan or return it to the university or college with suggested changes.  The approval shall require a 2/3 vote of the board of higher education.  If the board of higher education does not vote on a plan within 60 days of its submission, the plan shall be considered approved.  A copy of the revised plan shall be provided to the joint committee on higher education and to the house and senate committees on ways and means at the time the plan is submitted to the board of higher education.

(e) A state university, community college or the board of higher education may, at its discretion, request that a plan approved under subsections(c) or (d) be re-examined and modified, in accordance with procedures established by the board of higher education.  Any resulting modification shall be concurred with by the board of trustees of the affected university or college and by a 2/3 vote of the board of higher education.

(f) In implementing the requirements of subsection (c), the board of higher education shall review the plans of each state university and community college for the academic year beginning on or after July 1, 2012.  For subsequent academic years, the board shall develop procedures to provide for the review of state university and community college plans on a staggered basis, such that the board may review a smaller number of plans each year.  These procedures may include provisions requiring a state university or community college to submit an updated plan before the approval period of such university’s or college’s initial plan has expired, in order to accommodate a staggered schedule.

(g) All student charges received by the board of trustees of a state university or community college under this section shall be retained by the board of trustees of that institution in a revolving trust fund or funds and shall be expended as the board of trustees may direct for the operation and support of the institution.  Any balance in a trust fund at the end of a fiscal year shall continue to be held in the trust fund, shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund.  All such trust funds shall be subject to audit by the state auditor.

Budget Amendment ID: FY2012-S3-335

EDU 335

QUALITY RATING AND IMPROVEMENT SYSTEM (QRIS)

Mr. DiDomenico and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 3000-6000, by inserting after the words “building careers program model;” the following words:- “provided further that $1,000,000 shall be expended for the continued development of a Quality Rating and Improvement System (QRIS);” and in said item by striking the figure "$13,986,633" and insert in place thereof the figure "$14,986,633".

Budget Amendment ID: FY2012-S3-336

EDU 336

Special Education Circuit Breaker

Mr. Finegold and Ms. Fargo and Messrs. Welch, Eldridge and Kennedy moved that the proposed new text be amended in section 2, in item 7061-0012, by striking out the figure “$183,119,160” and inserting in place thereof the following figure:- “$213,119,160”.

Budget Amendment ID: FY2012-S3-337

EDU 337

Establishing a Charter School Commission

Ms. Clark and Mr. Petruccelli moved that the proposed new text be amended by inserting, after Section __, the following new Section:-

SECTION __.

Section 1. There is hereby established a charter school working group to study the financing of, caps imposed upon, and innovations promoted by charter schools authorized under the provisions of chapter 71, section 89. The working group shall also study the obstacles which have limited the broader utilization of the Horace Mann model of charter schools. The working group shall report its findings and conclusions to the general court and make recommendations regarding any necessary legislative and regulatory changes which are suggested by those findings and conclusions. The first meeting of the working group shall take place within 30 days after the effective date of this act.

Section 2. The working group shall consist of 13 members: 4 members of the senate; 1 of whom shall be the president of the senate or a designee, who shall serve as co-chair of the working group; 1 of whom shall be the minority leader of the senate or a designee; 1 of whom shall be the senate chair of the joint committee on education; 1 of whom shall be the senate chair of the committee on ways and means; 4 members of the house of representatives; 1 of whom shall be the speaker of the house of representatives or a designee, who shall serve as co-chair of the working group; 1 of whom shall the minority leader of the house or a designee; 1 of whom shall the house chair of the joint committee on education; 1 of whom shall be the house chair of the committee on ways and means; 1 of whom shall be the secretary of administration and finance or a designee; 1 of whom shall be the commissioner of elementary and secondary education or a designee; and 3 members to be appointed by the governor, one of which shall be a superintendent of schools.

Section 3. In carrying out its charge, the working group shall examine, report on, and make recommendations regarding, the following matters:

a) the financing and reimbursement provisions of chapter 71, section 89(nn) and section 89(pp) as a mechanism for the financing of charter schools;

b) the extent to which the reimbursement provisions of chapter 71, section 89(pp) are effective at minimizing the adverse financial impact of charter schools on sending school districts while providing sufficient resources for the successful operation of charter schools;

c) the obstacles to broader utilization of Horace Mann charters as a vehicle to achieve the objectives articulated in section 89(d);

d) the reasons for the transfer of students from charter schools back to local public schools, including students who are suspended or unenrolled;

e) the percentages of students who require special education, receive free and reduced lunch and are English Language Learners;

f) employment data such as average teacher salary and teacher and principal turnover rates

g) infrastructure costs;

h) comparisons of IEP profiles between charters and public districts;

i) comparisons of non-English speaking students (LEP-1) at charters to districts;

j) the percentage of ELL and SPED students, particularly in comparison with percentage of same students in their home communities;

k) current population thresholds;

l) governance issues; and,

l) the charter granting process.

Section 4. The working group shall solicit advice from such persons and entities as it deems necessary, including the department of education, associations representing superintendents, other educational administrators, teachers, school business officers, municipal officials and charter schools.

Section 5. The working group shall file a report containing its recommendations, including legislation and regulations necessary to carry out its recommendations, with the joint committee on education and the clerks of the house and senate not later than 6 months following the first meeting of the working group.

Budget Amendment ID: FY2012-S3-337.1-R2

2nd Redraft Further EDU 337.1

CHARTER SCHOOL COMMISSION

Mr. Tarr and Ms. Clark moved that the amendment be amended by striking the amendment in its entirety and inserting in place thereof the following:-

"SECTION 1.  There is hereby established a charter school working group to study issues regarding charter schools including but not limited to the equity in funding, caps imposed upon and innovations promoted by charter schools authorized under the provisions of chapter 71, section 89.  The working group shall report its findings and conclusions to the general court and make recommendations regarding any necessary legislative and regulatory changes which are suggested by those findings and conclusions.  The first meeting of the working group shall take place within 30 days after the effective date of this act.

SECTION 2.  The working group shall consist of the speaker of the House of Representatives, or his designee, who shall serve as co-chair, the president of the senate, or her designee, who shall serve as co-chair; the minority leaders of the house and senate, or their designees; the house and senate chairs of the joint committee on education; the chairs of the house and senate committee on ways and mean; the secretary of administration and finance, or her designee; the secretary of education or his designee; the Commissioner of Elementary and Secondary Education, or his designee; and 2 appointees of the Governor.

SECTION 3.  The working group shall solicit advice from such persons and entities as it deems necessary.

SECTION 4.  The working group shall file a report containing its recommendations, including legislation and regulations necessary to carry outs its recommendations, with the joint committee on education and the clerks of the house and senate not later than 9 months following the first meeting of the working group."

Budget Amendment ID: FY2012-S3-338

EDU 338

STEM PIPELINE FUND

Ms. Spilka and Messrs. Rodrigues, DiDomenico and Moore and Ms. Chandler and Messrs. Knapik and Eldridge moved that the proposed new text be amended in section 2E, , by inserting after item 1595-6370, the following item:

“7066-0035  For the support of the science, technology, engineering, and mathematics grant fund established by section 2MMM of chapter 29 of the General Laws ...................................... $500,000”

Budget Amendment ID: FY2012-S3-339

EDU 339

North Shore Community College Assistance Corporation

Messrs. Berry, Tarr and McGee moved that the proposed new text be amended SECTION 1. It is hereby found and declared that the North Shore Community College is a critical element of the commonwealth’s higher education system and fulfilling the mission of North Shore Community College to provide educational resources to the citizens of the commonwealth is essential to providing students with skills and opportunities necessary to a full and productive life.   It is further declared that providing physical and financial resources necessar y to meet the needs of the North Shore Community College now and in the future is critical to the ability of North Shore Community College to fulfill its mission including providing the workforce with skills necessary to allow for the maintenance and expan sion of the business, industrial, technological and manufacturing sectors of the commonwealth’s economy.   It is further found and declared that creation of a nonprofit assistance corporation with certain statutory authority will provide a vehicle with the necessary flexibility to prudently pursue opportunities for the benefit of North Shore Community College , its present and future students and the commonwealth.   It is therefore expressly declared that the provisions of this act constitute a needed program in the public interest in furtherance of an essential governmental function and serve a necessary and valid public purpose for which public money may be expended or invested.

SECTION 2.   As used in this act the following terms shall, unless otherwise requi red, have the following meanings:

“Board of directors”, the board of directors of the North Shore Community Assistance Corporation created by this act; “Board of higher education”, the board of higher education established pursuant to section 4 of chapter 15A of the General Laws;

“Board of trustees”, the board of trustees of the North Shore Community College ;

“College”, the North Shore Community College or, should the North Shore Community College be dissolved or fail to qualify either as a political subdivision of the commonwealth or an educational institution exempt from federal income tax under Section 501(c)(3) of the Code, then such other educational institution of higher learning established and operating in the commonwealth as shall be designated by the board of higher education, which is either such a political subdivision or such an exempt organization;

“Code”, the Internal Revenue Code of 1986, as the same may, from time to time, be amended;

“Corporation”, the North Shore Community College Assistance Corporation created by this act;

“Educational institution”, an educational organization within the meaning of section 170(b) (I )( A)(ii) of the Code.

SECTION 3.     (a) There shall be a body politic and corporat e to be known as the North Shore Community College Assistance Corporation.   The corporation is not and shall not be deemed a public agency or state agency within the meaning of such terms in chapter 7 of the General Laws for any purposes.

The corporation shall be governed by a board of directors consisting of the following 15 members:   the chairman of the board of trustees of the college, the president of the college, the mayor of the city of Lynn, the president of the Lynn City Council, the director o f the Lynn Economic Development Industrial Corporation, or successor thereto, 3 members appointed by the governor, 1 member appointed by the Lynn Chamber of Commerce, or successor thereto, and 6 members appointed by the president of the college. Of the 3 m embers appointed by the governor at least 1 shall be a person experienced in the financial aspects of real estate development and management, and 1 shall be a person experienced in planning.   Of the 6 members appointed by the president of the college, at l east 2 shall be persons experienced in higher education administration.

(b) The appointed members of the board of directors shall serve 3-year terms.   Of those initially appointed by the governor, 1 shall be appointed for 1 year, 1 for 2 years, and 1 for 3 years.   Of those initially appointed by the president of the college, 2 shall be appointed for 1 year, 2 shall be appointed for 2 years, and 3 shall be appointed for 3 years.   The individual initially appointed by the Lynn Chamber of Commerce shall be appointed for 2 years.   Vacancies arising from other than the expiration of the term shall be filled by the party responsible for the initial appointment.   Directors shall serve without compensation but may be reimbursed for expenses necessarily incurr ed in the performance of their duties.

(c) The board of directors from time to time shall elect from among themselves a chairman, a vice chairman and a secretary.   The secretary shall be the custodian of all books, documents and papers of the corporat ion and its minute book and seal.   Unless otherwise provided in by-laws adopted by the board of directors, the number of directors required to constitute a quorum shall be a majority of the directors then in office.   If a quorum is present, a majority of t he directors may take any action on behalf of the board of directors except to the extent that a larger number is required by this act, or other applicable laws or by-laws adopted by the board of directors.

SECTION 4.   The purposes of the corporation shall be to ( i ) promote the orderly growth and development of the college; and (ii) to assist the college in securing physical and financial resources necessary for the acquisition and development of sites for use by the college.   In furtherance of such pu rpose the corporation shall, subject only to the restrictions and limitations hereinafter contained, have the following powers:

(a)       to make and execute contracts and any other instruments necessary or convenient for the exercise of its powers or the dis charge of its duties and incur liabilities for any other purposes of the corporation;

(b)     to have a corporate seal which it may alter at its pleasure;

(c)       to adopt by-laws for the regulation of its affairs;

(d)     to accept, acquire, receive, take, and hold by bequest, devise, grant, gift, purchase, exchange, lease, transfer, judicial order or decree or otherwise, for any of its objects and purposes, any property both real and personal reasonably related to the acquisition and development of sites for u se by the college, and to develop such sites, including, but not limited to, the construction, renovation, operation and maintenance of buildings thereon;

(e)       to sue or be sued, provided, however, a director or officer of the corporation shall not be li able for the performance of his duties if he acts in compliance with section 6C of chapter 180 of the General Laws;

(f)        to sell, convey, mortgage, lease, transfer, exchange or otherwise dispose of any such property, both real and personal, as the objec ts and purposes of the corporation may require;

(g)       to borrow money, and from time to time, to make, accept, endorse, execute, and issue promissory notes, bills of exchange, and other obligations of the corporation for monies borrowed or in payment for property acquired or for any of the other purposes of the corporation, and to secure the payment of any such obligation by mortgage, pledge, deed, agreement, or other instrument of trust, or other lien upon, assignment of, or agreement in regard to all or any part of the property rights or privileges of the corporation, whether now owned or hereafter to be acquired;

(h)       to receive stocks, bonds, donations, gifts and to otherwise raise money for the corporation’s purposes;

( i )      to elect, appoint and e mploy officers, agents and employees; to fix their compensation and define their duties and obligations and to indemnify corporate personnel;

(j)        to enter into agreements for other transactions with any person, including, without limitation, any govern mental instrumentalities or agencies in connection with any of its powers or duties and any governmental agency is hereby authorized to enter into such agreements or transactions with the corporation; and

(k)      to do all acts and things necessary or conven ient to the exercise of any power or the discharge of any duty provided for by this section.

SECTION 5.   The corporation is hereby deemed to be an “institution for higher education” solely for the purposes such term is used in chapter 614 of the acts of 1968.   Any acquisition of property by purchase, lease, or other method by the corporation shall be deemed a “project” as such term is used in chapter 614 of the acts of 1968.   The corporation shall be fully eligible to receive any and all assistance from t he Massachusetts Health and Education Facilities Authority created by chapter 614 of the acts of 1968 in the same manner as any institution for higher education.

SECTION 6.   (a) The corporation shall assess the space needs of the college on a regular basis and may acquire sites for use by the college.   The corporation may lease or rent land or space in any facility under the control of the corporation to any entities other than the college only after making a determination that the college does not have a f oreseeable need for such space or land for the term of the lease or rental agreement.

(b) In no event shall the corporation sell, convey, transfer, exchange or otherwise dispose of any real property without notifying in writing and consulting with the board of trustees and the board of higher education, and after such consultation making a determination that such sale, conveyance, transfer or exchange is in the best interests of the college.   Any such sale, conveyance, transfer or exchange shall requir e a vote of two-thirds of the members of the board of directors.

SECTION 7.   The college or any state agency or entity acting on the college’s behalf, may enter into an agreement to rent, lease or otherwise utilize any facility owned by, or under the con trol of the corporation.   The corporation shall be paid rent and costs for such facilities at a rate agreed to by the corporation and college or state agency or entity entering into an agreement on the college’s behalf, provided that such amount may not ex ceed the fair market value for the use of such facilities at the time the agreement is made.   Subject to this limitation, the college’s determination to rent, lease or otherwise utilize any facility owned or under the control of the corporation and any agr eement related thereto shall not be subject to chapter 7 of the General Laws.

SECTION 8.     (a) The corporation shall not have the authority to engage in any activities which are not in furtherance of its corporate purposes or to support or benefit any or ganization other than the college, and all of the powers granted under this act to the corporation shall be exercised in a manner consistent therewith.

(b) Notwithstanding any other provision herein contained, neither the directors and officers of the corporation nor the corporation shall participate in any “prohibited transaction” within the meaning of Section 503 of the Code, nor shall the corporat ion be operated at any time for the primary purpose of carrying on a trade or business for profit.

SECTION 9.   Subject to the other provisions of this act, the corporation shall use or distribute all property from time to time held by the corporation solely in the furtherance of its corporate purposes in such manner as the board of directors shall determine.   No part of the assets or net earnings, if any, of the corporation shall inure to the benefit of, or be distributable to, its directors, its offic ers or any private individual, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its corporate purposes.   The corporation shall not di rectly or indirectly participate in or intervene in, including the publishing or distributing of statements, any political campaign on behalf of or in opposition to any candidate for public office.   No substantial part of the activities of the corporation shall be carrying on of propaganda, or otherwise attempting to influence legislation, except to the extent the corporation makes expenditures for purposes of influencing legislation in conformity with the requirements of Section 501(h) of the Code.   If the corporation is deemed to be a private foundation as defined in Section 509 of the Code, the provisions of chapter 68 A of the General Laws shall apply to it.

SECTION 10.   (a) The operation and maintenance of projects by the corporation shall constitute the performance of an essential governmental function, and the corporation shall not be required to pay any taxes or special, betterment or other assessments wit hin the commonwealth, including, without limitation, taxes on real or personal property and any ad valorem taxes, upon any property owned, constructed, acquired, leased or used by it under the provisions of this section.   The corporation shall not be subje ct to any taxes based upon or measured by income which may be enacted by the commonwealth.   Obligations issued by the corporation under this act, and any income derived therefrom , including any sale, exchange or transfer of such obligation, shall at all ti mes be free from taxation within the commonwealth.

(b)   Land, buildings and tangible personal property of the corporation if leased to the extent permitted under this act for any activity or transaction entered into by the lessee for financial profit or gain, shall be taxed or assessed by the city of town in which such land, buildings and tangible personal property may be situated to the lessees thereof respectively, in the same manner as such land, buildings and tangible personal property would be ta xed or assessed to such lessees if they were owners thereof, except as follows:

(1) the payment of the tax or assessment shall not be enforced by any lien upon or sale of such land or buildings, but for the purpose of enforcing the payment of such tax es or assessments by such lessees to the city or town in which such land or buildings are situated, a sale of the leasehold interest in therein may be made by the collection of the city or town in the manner provided by law for selling real estate for the nonpayment of real estate taxes;

(2) such land, buildings and tangible personal property leased to any political subdivision of the commonwealth or to any public charity described in section 8 of chapter 12 of the General Laws for its charitable purp oses shall not be taxed or assessed to any such lessees;

(3) that in lieu of taxes, and any betterment or special assessments, the city of Lynn may determine a sum to be paid to it annually in any year or period or years, such sum to be in any year e qual to or less than the amount that would be levied at the then current tax rate upon the then current assessed value of such real estate, including buildings and other structures, the valuation for each year being reduced by all abatements thereon.   In n o event however, shall any amount be due prior to the first year in which the corporation has leased some portion of the real property to a third party and has received rental payments for fees in return therefore and any amount so due shall be prorated ba sed upon the percentage of the property for which rental payments or fees have been received;

(4) if any such lessee is subject to the excise levied under the provisions of sections 30 to 42 B, inclusive, of chapter 63 of the General Laws, such tangib le personal property shall be treated as though it were owned by such lessee for the purposes of such excise, and it shall be valued at eight times its annual rental rate, unless and to the extent that such property is treated by the lessee as owned by it for federal income tax purposes, in which case its value shall be its adjusted basis, as defined in the applicable provisions of the Code; and

(5) all tangible property, real or personal, so leased shall be considered tangible property owned or rented and used in the commonwealth by such lessee for the purposes of section 38 of chapter 63 of the General Laws.

SECTION 11.   (a) The corporation shall not exercise any of the following powers, duties, actions, responsibilities or authorities in the absenc e of review and comment by the inspector general of the commonwealth, which review and comment shall be provided within 2 weeks of submission by the corporation of a plan setting forth the power, duty, action, responsibility or authority proposed to be taken:

(1)     entering into a contract requiring an annual expenditure in excess of $100,000 by the corporation; provided, however, that the corporation is authorized to enter into those contracts necessary to acquire sites, without further review by the inspe ctor general, but pursuant to a memorandum of understanding with the secretary of administration and finance with respect to the acquisition, renovation, operation, and potential disposition of sites;

(2)     borrowing monies such that the outstanding amount of monies borrowed by the corporation exceed $100,000;

(3)     entering into a contract requiring the sale of any asset of the corporation purchased with monies appropriated by the commonwealth; and

(4)     entering into a contract requiring the sale of all or substantially all of the assets of the corporation.

(b) The inspector general in carrying out the provisions of this act shall have access to all the corporation’s records, reports, audits, reviews, papers, books, documents, recommendations, corres pondence, including information relative to the purchase of services or anticipated purchase of services from any contractor by the corporation, and any other data and material that is maintained by or available to the corporation which in any way relates to the programs and operations with respect to which the inspector general has duties and responsibilities under this act, except records to which the provisions of section 18 of chapter 66 of the General Laws apply.

The inspector general may request such information, cooperation and assistance from the corporation as may be necessary for carrying out his duties and responsibilities under this act.   Upon receipt of such request the person in charge of the corporation’s governing body shall furnish to t he inspector general or his authorized agent or representative such information, cooperation and assistance, including information relative to the purchase of services or anticipated purchase of services from any contractor by the corporation except record s to which the provisions of said section 18 of said chapter 66 apply.   He may make such investigation, audits and reports relating to the administration of the programs and operations of the corporation as are in the judgment of the inspector general nece ssary and may conduct an examination of any documents of the corporation to prevent or detect fraud, waste and abuse in the expenditure of public funds.   The inspector general shall have direct and prompt access to the head of the corporation when necessar y for any purpose pertaining to the performance of his duties and responsibilities under this act.   He may request the production, on a voluntary basis, of testimony or documents from any individual firm or non-governmental entity which relate to his dutie s and responsibilities under this act.

(c) The inspector general may require by summons, the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to a ny matter under audit or investigation pursuant to the provisions of this act, except records to which the provisions of said section 18 of said chapter 66 apply.   Such summons shall be served in the same manner as a summons for the production of documents in civil cases issued on behalf of the commonwealth, and all provisions of law relative to said summons shall apply to a summons issued pursuant to this act.   Any justice or the superior court department in the trial court may, upon application by the ins pector general, issue an order to compel the production of records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material as aforesaid.   Any failure to obey such order may be punished by said co urt as contempt.   Any summons issued pursuant to this act shall not be made public by the inspector general or any officer or employee of his department, nor shall any documents provided pursuant to this act be made public until such time as it is necessar y for the inspector general to do so in the performance of his duties under this act.   The production of such books and papers pursuant to summons shall be governed by the same provisions with reference to secrecy which govern proceedings of a grand jury.   Disclosure of such production, attendance and testimony may be made to such members of the staff of the inspector general as is deemed necessary by the inspector general to assist him in the performance of his duties and responsibilities under this act an d such members of the staff may be present at the production of records.

(d) The corporation shall submit annually an audited financial statement to the house and senate committees on ways and means, and the joint committee on higher education.

SECTION 12.   Upon dissolution of the corporation after payment of all of the liabilities of the corporation or due provision therefore, all of the assets of the corporation shall be distributed to the board of higher education, to be held in trust for the benef it and purposes of the college, and shall not inure to the benefit of or be distributed to any private individual.

Budget Amendment ID: FY2012-S3-340

EDU 340

New England Board of Higher Education

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 7066-0009, Mr. Kennedy moved to amend the bill in section 2, in item 7066-0009, by striking out the figure “$367,500” and inserting in place thereof the following figure:- “$467,500”

Budget Amendment ID: FY2012-S3-341

EDU 341

School to Career Connecting Activities

Ms. Chang-Diaz and Mr. Rodrigues and Ms. Spilka and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 7027-0019, by striking out the figure “$1,200,000” and inserting in place thereof the following figure:- “$2,000,000”

Budget Amendment ID: FY2012-S3-342

EDU 342

MyTurn

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 7027-0019, Mr. Kennedy moved that the bill be amended, in section 2, in item 7027-0019,  by adding at the end thereof the following:-

"provided that not less than $50,000 shall be expended for My Turn, Inc. for the purpose of school to work activities, connecting to college activities and youth workforce development activities."

Budget Amendment ID: FY2012-S3-343

EDU 343

Civic Engagement Commission

Mr. Richard T. Moore moved that the proposed new text be amended by inserting, after Section X, the following new Section:--

SECTION X.  Notwithstanding any special or general law to the contrary, the special commission on civic engagement and learning, established under section 106 of chapter 182 of the acts of 2008, is hereby revived and continued; provided, however, that the commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry out its recommendations, by filing the same with the clerks of the senate and the house and the joint committee on education on or before December 31, 2012.

Budget Amendment ID: FY2012-S3-344

EDU 344

Full-Day Kindergarten

Ms. Chang-Diaz, Ms. Chandler, Messrs. Donnelly, DiDomenico and Knapik, Ms. Jehlen, Messrs. Welch and Eldridge, Ms. Clark, Ms. Creem, Messrs. Keenan and Michael O. Moore, Ms. Flanagan and Ms. Fargo moved that the proposed new text be amended in section 2, in item 7030-1002, by striking out the figure “$20,948,947” and inserting in place thereof the following figure:- “$22,948,947”

Budget Amendment ID: FY2012-S3-346

EDU 346

METCO

Ms. Chang-Diaz and Messrs. Ross, Donnelly and DiDomenico and Ms. Creem, Ms. Clark and Ms. Fargo and Messrs. Eldridge, Keenan, Hart and McGee moved that the proposed new text be amended in section 2, in item 7010-0012, by striking out the figure "$16,699,730" and inserting in place thereof the following figure:- "$17,642,582"