Consolidated Amendment #A to H.4000

Consolidated Amendment "A", as changed to H4000

Education and Local Aid

Fiscal Note: $16,260,693

Amendments 382, 629, 847, and 875 have been recategorized to Labor and Economic Development.

Amendment 482 has been recategorized to Public Safety.

Amendment 1141 has been recategorized to Housing, Mental Health, and Disabilities.

Amendment 125 has been recategorized from Labor and Economic Development.

Amendments from Education and Local Aid: 16, 36, 52, 55, 60, 61, 67, 95, 96, 105, 107, 112, 113, 114, 115, 116, 117, 123, 124, 125, 126, 148, 149, 151, 152, 164, 178, 179, 181, 192, 193, 197, 210, 211, 214, 219, 230, 232, 233, 265, 266, 280, 291, 296, 313, 323, 336, 350, 356, 362, 366, 368, 374, 378, 397, 398, 402, 403, 409, 412, 413, 418, 420, 437, 439, 461, 467, 468, 471, 487, 493, 500, 501, 517, 524, 528, 532, 535, 538, 541, 542, 543, 545, 546, 549, 550, 551, 552, 553, 555, 558, 563, 566, 569, 572, 582, 583, 615, 619, 622, 623, 628, 646, 649, 661, 664, 672, 674, 675, 678, 681, 689, 692, 697, 698, 716, 726, 747, 748, 753, 757, 758, 759, 767, 771, 772, 779, 782, 791, 812, 813, 852, 854, 857, 860, 867, 871, 888, 899, 900, 902, 907, 909, 914, 922, 923, 924, 934, 941, 944, 958, 987, 993, 998, 999, 1007, 1009, 1012, 1028, 1038, 1042, 1043, 1051, 1055, 1065, 1076, 1093, 1101, 1109, 1115, 1148, 1151, 1166, 1173, and 1174.

Mr. Dempsey of Haverhill and others move to amend H.4000 in section 2, in item 3000-4040, by striking out the figure $7,500,000 and inserting in place thereof the following figure:- $10,000,000;

And further move to amend said section 2, in item 3000-7050, by inserting after the words “educational collaboratives,” the following words:- the home-based, school readiness and family support program known as the parent-child home program, and further move to amend said item by striking out the figure “$16,164,890” and inserting in place thereof the following figure:- $18,464,890;

And further move to amend said section 2, in item 7000-9401, by striking out the figure “$9,723,978” and inserting in place thereof the following figure:- $9,805,978;

And further move to amend said section 2, by inserting after item 7000-9506 the following item:-

7000-9508 For the Massachusetts Center for the Book, Inc., chartered as the Commonwealth Affiliate of the Center for the Book in the Library of Congress; provided, that the Massachusetts Center for the Book, Inc. shall be established as a public-private partnership charged with the development, support and promotion of cultural programming designed to advance the cause of books and reading and enhance the outreach potential of public libraries within the commonwealth ……$125,000;

And further move to amend said section 2, in item 7009-9600, by striking out the figure “$800,000” and inserting in place thereof the following figure:- $1,000,000;

And further move to amend said section 2, in item 7010-0005, by inserting after the words “secondary education” the following words:- ; provided, that not less than $60,000 shall be expended for school zone safety improvements in the town of Franklin; provided further, that not less than $85,414 shall be expended for public safety costs for Hull public schools; and provided further, that not less than $25,000 shall be expended for the continued operation of Camp Pohelo; and further move to amend said item by striking out the figure “$13,258,243” and inserting in place thereof the following figure:- $13,528,657;

And further move to amend said section 2, in item 7010-0012, by striking out the figure “$18,642,582” and inserting in place thereof the following figure:- $19,142,582;

And further move to amend said section 2, in item 7010-0033, by inserting after the words “outcomes thereof” the following words:- ; provided further, that not less than $20,000 shall be expended for the operation of a school library pilot program in the town of Tewksbury; and further move to amend said item by striking out the figure “$1,800,000” and inserting in place thereof the following figure:- $2,120,000;

And further move to amend said section 2, in item 7027-0019, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $2,750,000;

And further move to amend said section 2, in item 7035-0002, by inserting after the words “competitively by the elementary and secondary education” the following words:- ; provided further, that not less than $150,000 shall be expended for Operation A.B.L.E. of Greater Boston to provide basic workforce and skills training, employment services and job re-entry support to older workers; provided further, that not less than $50,000 shall be allocated to the Lawrence Family Development and Education Fund to assist in citizenship education, citizenship application assistance, English as a second language classes, and computer training for low-income adults; and, provided further, that not less than $50,000 shall be expended for Casa Dominicana of Lawrence for citizenship, high school equivalency testing, and English as a second language classes for low-income adults; and further move to amend said item by striking out the figure “$29,156,340” and inserting in place thereof the following figure:- $30,274,160;

And further move to amend said section 2, in item 7035-0035, by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- $2,600,000;

And further move to amend said section 2, by striking out item 7061-0011 and inserting in place thereof the following item:

7061-0011 For a reserve to meet extraordinary increases in the minimum required local contribution of a municipality pursuant to the requirements of section 3; provided, that a municipality seeking funds under this item shall apply for a waiver from the department of revenue pursuant to section 6A of chapter 70 of the General Laws; provided further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of elementary and secondary education regarding the merits of the application; provided further, that the department shall provide funds to academic regional school districts that have undergone a change in membership, said funds to be used to reduce assessments on the reconfigured district's remaining member communities; provided further, that not less than $704,319 shall be expended to mitigate costs related to the merger of the Essex North Shore regional school district; and provided further, that no less than $250,000 shall be expended to provide extraordinary relief to school district’s whose special education costs exceed thirty-percent of total district costs and tuition paid to an approved private school located with the district exceeds both $1,000,000 and twenty-five percent of all tuition paid to approved private schools $1,786,319

And further move to amend said section 2, by inserting after item 7061-0029 the following item:-

7061-0033 For a reserve to assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on the military reservation known as Hanscom Air Force Base located within the town’s limits (“Hanscom Towns”); provided, that any grants provided under this item shall be expended by a school committee without further appropriation; provided further, that funds may be expended on membership dues for the Interstate Compact on Educational Opportunity for Military Children; and, provided further, that Hanscom Towns may apply for funding in excess of this initial appropriation if funds under this item are increased and a Hanscom Town demonstrates that it would otherwise qualify for an amount greater than the initial funding of this item when compared with all other accepted applications using the same formula applied for in item 7061-0033 in section 2 of chapter 139 of the acts of 2012…….................$400,000;

And further move to amend section 2, in item 7061-9408, by striking out the figure “$7,706,297” and inserting in place thereof the following figure:- $8,006,297;

And further move to amend the said section 2, in item 7061-9611, by striking out the figure “$1,410,000” and inserting in place thereof the following figure:- $1,710,000;

And further move to amend said section 2, by inserting after item 7061-9611 the following two items:-

7061-9612 For the safe and supportive schools grant program established by the department of elementary and secondary education to pilot and share an effective process for school and district teams to develop and implement safe and supportive school–wide action plans; provided that said action plans shall be based on all elements of the framework and self-assessment tool created pursuant to section 19 of chapter 321 of the acts of 2008 and described in the final report of the behavioral health and public schools task force; provided that the districts shall create district plans that support the recipient schools…..$200,000

7061-9614 For the alternative education grant program established in section 1N of chapter 69 of the General Laws; provided, that the commissioner shall allocate funds for both subsections (a) and (b) of said section 1N of said chapter 69; provided further, that not less than $720,000 shall be provided for a grant program to districts, education collaboratives or other inter-district partnerships for the purpose of implementing alternative education programs to provide educational services required under Chapter 222 of the Acts of 2012…………..…$246,140;

And further move to amend said section 2, in item 7061-9626, by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- $2,250,000;

And further move to amend said section 2, in item 7061-9634, by striking out the figure “$250,000” and inserting in place thereof the following figure:- $400,000;

And further move to amend said section 2 by inserting after item 7061-9804 the following item:-

7061-9810 For regional bonus aid pursuant to subsection (g) of section 16D of chapter 71 of the General Laws…………………………………………………….... $280,000;

And further move to amend said section 2, in item 7066-0009, by striking out the figure “$184,500” and inserting in place thereof the following figure:- $367,500;

And further move to amend said section 2, in item 7066-0025, by inserting after the words “educational programs” the following words:- provided further, that funds shall be expended to promote the adoption of a standard core of course offering and numbering that are honored for common credit toward degrees and certificates across the commonwealth’s community colleges, state universities and University of Massachusetts campuses; and further move to amend said item by striking out the figure “$2,500,000” and inserting in place thereof the following figure:- $3,250,000;

And further move to amend said section 2, in item 7066-1400, by inserting after the words “fiscal year 2016” the following words:- ; provided further, that funds shall be expended for costs related to the development of said formula; and further move to amend said item by striking out the figure “$7,948,776” and inserting in place thereof the following figure:- $8,048,776;

And further move to amend said section 2, in item 7077-0023, by inserting after the words “emergency authorities” the following words:- ; provided further, that $50,000 shall be expended for a feasibility study to be conducted by the Central Massachusetts Regional Planning Commission for a pilot project for Bay Path Regional Vocational Technical High School students to attend Cummings School of Veterinary Medicine at Tufts University; and further move to amend said item by striking out the figure “$4,000,000” and inserting in place thereof the following figure:- $5,550,000;

And further move to amend said section 2, by striking out item 7100-0200 and inserting in place thereof the following item:

7100-0200 For the operation of the University of Massachusetts; provided, that notwithstanding any general or special law to the contrary, the university may establish and organize auxiliary organizations subject to policies, rules and regulations adopted by the board, to provide essential functions which are integral to the educational mission of the university; provided further, that notwithstanding any general or special law to the contrary, the university may enter into leases of real property without prior approval of the division of capital asset management and maintenance; provided further, that not less than $150,000 shall be allocated for the Clemente Course in the Humanities, administered by the Massachusetts Foundation for the Humanities in partnership with the University of Massachusetts Boston and the University of Massachusetts Dartmouth and local social service agencies, which provides college-level humanities instruction and support service free of charge and for college credit to low income adults; provided further, that the funds shall be contingent upon a match of not less than $1 in federal contributions or $1 in private or corporate contributions for every $1 in state grant funding; provided further, that the University of Massachusetts shall expend funds for the University of Massachusetts at Amherst Cranberry Station; provided further, that not less than $50,000 shall be expended for the University of Massachusetts at Amherst to conduct a study for the revitalization of former mill buildings and rural village centers in the North Quabbin region; provided further, that the University of Massachusetts shall expend $148,620 for the operation of the Massachusetts office of public collaboration at the University of Massachusetts Boston; and provided further, that the University of Massachusetts shall expend funds for capital lease payments from the University of Massachusetts to the Massachusetts Development Finance Agency and for annual operations of the advanced technology and manufacturing center in Fall River $518,955,373

And further move to amend said section 2, in item 7100-0700, by striking out the figure “$550,000” and inserting in place thereof the following figure:- $750,000;

And further move to amend said section 2, in item 7112-0100, by inserting after the words “University” the following words:- ; provided, that the Christa McAuliffe Challenger Learning Center at Framingham State University shall receive not less than the amount appropriated in section 2 of chapter 139 of the acts of 2012; and further move to amend said item by striking out the figure “$25,164,332” and inserting in place thereof the following figure:- $25,364,332;

And further move to amend said section 2 by inserting after item 7112-0100 the following item:-

7112-0101 For the MetroWest College Planning Center to be administered by Framingham State University and Massachusetts Bay Community College at 1000 Worcester Road (“1812 House”) in the Town of Framingham…………………………….$400,000;

And further move to amend the bill by inserting after section 74 the following 6 sections:-

SECTION 74A. Notwithstanding any general or special law to the contrary, the commissioner of elementary and secondary education shall begin a 4-year phase in of equal increments to include health care costs for retired teachers as part of net school spending for any district which accepts the provisions of this act by a vote taken pursuant to section 4 and in which such costs were not considered part of net school spending in fiscal year 1994. For fiscal year 2016, 1/4 of the cost shall be included in calculating fulfillment of net school spending requirements; provided, that in districts currently in level IV or level V status under the commonwealth’s accountability and assistance system, the commissioner may delay or limit the inclusion of the costs in calculating net school spending until their such district’s status is lowered to level III or below, at which time the commissioner shall begin or resume a 4-year phase in of the remaining costs; and, provided further, that during the 4-year phase in period authorized under this section, the commissioner may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers if the commissioner approves a schedule submitted by the district to meet the requirements not later than at the end of the 4-year phase in period; provided however, that the commissioner shall consider deficiencies in net school spending requirements in fiscal year 2015, if any, when approving such schedule.

SECTION 74B. The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal years 2013 and 2014.

SECTION 74C. The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal year 2015 if the district submits a schedule under section 2 and the commissioner approves such schedule.

SECTION 75D. Notwithstanding any general or special law to the contrary, for the period beginning July 1, 2014, and ending June 1, 2015, the provisions of section 1 may be accepted in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to the provisions of the charter of such town; in a town, by a vote of the board of selectmen; and in a regional school district, by a vote of the regional district school committee. Such vote shall be by approval of all members of the district. Approval of each member shall be given in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to the provisions of the charter of such town; in a town, by a vote of the board of selectmen.

SECTION 75E. Any school district which accepts the provisions of this act shall annually certify to the commissioner the treatment of retired teacher health insurance costs to ensure accurate counting of such costs toward required net school spending.

SECTION 75F. Section 74A shall take effect July 1, 2015.

And further move to amend the bill by inserting after section 102 the following section:-

SECTION 102A. There is hereby established a special commission to make an investigation and study relative to public school library programs. The commission shall consist of 2 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on education or a designee, who shall serve as co-chair, and 1 of whom shall be a member of the minority party appointed by the minority leader; 2 members of the senate, 1 of whom shall be the senate chair of the joint committee on education or a designee, who shall serve as co-chair, and 1 of whom shall be a member of the minority party appointed by the minority leader; the commissioner of elementary and secondary education or a designee; the president of the Massachusetts Association of School Superintendents or a designee; the president of the Massachusetts Association of School Committees or a designee; 2 executive board members of the Massachusetts School Library Association; 2 members chosen by the Massachusetts Chapter of the American Federation of Teachers; 1 member each from the Massachusetts Library Association, the Massachusetts Library System and the board of library commissioners; and 3 persons to be appointed by the governor, 1 of whom shall be from the business community, 1 of whom shall be from a charter school and 1 of whom shall be chosen from a list of 2 members recommended by the Massachusetts Teachers Association. The co-chairs shall convene the organizational session of the commission not later than 60 days after the effective date of this act.

The special commission shall study the public school library programs in the commonwealth. In its investigation and study, the commission shall include, but not be limited to, determining: (i) how school library programs can be further developed to ensure that the programs reflect changing technology; (ii) how many schools in each district have a school library and a full-time or part-time credentialed school librarian; (iii) the ratio of students per credentialed school librarian; (iv) what other support staff work in the school library program; (v) the hours school libraries are open each week for students and faculty to use; (vi) how many hours each week school librarians provide direct library-related instruction to students; (vii) the number of available computers in school libraries; (viii) the size and age of the collection in each school library and the extent to which electronic and digital materials are available for students to access; (ix) the extent to which electronic and digital materials are available for students to access remotely; and (x) current funding per student for school library materials and services.

The special commission may conduct public hearings to gather information, including the sponsorship of statewide or regional conferences involving educators, students and the public at large. The department of education may provide staff and other resources to the commission as the department deems appropriate. The special commission’s report shall include long-range plans for public school library programs to ensure that the programs best serve the students. The plans may include guidelines for school library facilities, budget, staffing, collection development and curriculum standards for school library programs. The commission shall file its final report and recommendations, if any, together with drafts of legislation necessary to implement such recommendations, with the joint committee on education not later than December 31, 2014.