Amendment #957 to H3900

Living Wages for Education Support Professionals

Ms. Uyterhoeven of Somerville moves to amend the bill by inserting the following new section:

SECTION XX. Chapter 71 of the General Laws is hereby amended by inserting, after section 40, the following section: -

Section 40A: Compensation for education support professionals

Section 40A. (a) The compensation of each education support professional in a school district, as defined in section 2 of chapter 70, upon a majority vote of the school district’s respective school committee and a majority vote of the municipality’s respective legislative authority or, in the case of a regional school district, upon a majority vote of the respective regional school district committee and a vote of two-thirds of the respective legislative authorities of the member cities and towns, shall be at minimum a living wage, which shall be equal to the Massachusetts Institute of Technology Living Wage Calculator’s required annual income before taxes for a single adult with no child in the county or counties in which the school district is located, by the school year commencing after July first, two thousand and twenty-six. The compensation paid to such education support professionals shall be deemed to be fully earned at the end of the school year, and proportionately earned during the school year. Payment of such compensation may be deferred to the extent that equal payments may be established for a twelve-month period including amounts payable in July and August subsequent to the end of the school year. Educational collaboratives, formed under the provisions of section four E of chapter forty, may accept the provisions of this section by a majority vote of the collaborative board and the approval by a vote of the majority of the legislative authorities of the member cities and towns.

(b) Subject to appropriation, a school district or educational collaborative which currently employs educational support professionals at wages below a living wage, as calculated under this section, and which accepts the provisions of this section, shall receive an educational support professional living wage grant from the commonwealth in fiscal years two thousand and twenty-four, two thousand and twenty-five, and two thousand and twenty-six equal to the cost incurred by such school district or educational collaborative during said fiscal years as a result of increasing education support professional wages, as designated by the vote of the school committee and the legislative authority thereof, for each education support professional whose wage was below a living wage prior to July first, two thousand and twenty-three and for each education support professional hired after June thirtieth, two thousand and twenty-three whose wage was below that level at any time between July first, two thousand and twenty-three and June thirtieth, two thousand and twenty-six.

A school district or educational collaborative shall notify the department of elementary and secondary education of its intent to pursue the acceptance of the provisions of this section. Upon receiving such notification and prior to the required votes to accept the provisions of this section, the department shall certify that funds are available to provide the education support professional living wage grant in full for two thousand and twenty-four, two thousand and twenty-five, and two thousand and twenty-six. If the department determines that appropriations are insufficient to fully fund the education support professional living wage grant it shall develop a plan to distribute available funds equitably among school districts and educational collaboratives; provided, however, that the department shall notify districts and educational collaboratives of the distribution plan prior to their votes to accept the provisions of this section.

(c) For the purposes of this section, the term “education support professional” shall include, but not be limited to, a paraeducator, tutor, family liaison, interpreter, translator, qualified practitioner, as defined in the school-based Medicaid reimbursement program, clerical services worker, custodial and maintenance services worker, food services worker, health and student services worker, security services worker, skilled trades worker, technical services worker, and transportation services worker employed by a school district; provided, however, that the term shall not include a teacher, as defined in chapter 32 of the general laws, or any other employee of a school district or educational collaborative whose role requires certification under section 38G of this chapter or under chapter 74 of the general laws.

(d) The implementation of this section shall be consistent with the provisions of chapter 150E of the General Laws, including but not limited to the duty to bargain on wages, hours and working conditions, or any agreements entered into in accordance with said chapter 150E of the General Laws. Nothing in this section shall be construed as limiting a school district or educational collaborative from providing educational support professionals with wages that are higher than a living wage, as defined herein.;

and further moves to amend the bill by inserting after item 7061-9815 the following item:

7061-XXXX For a reserve to be administered by the department of elementary and secondary education to fund educational support professional living wage grants pursuant to Section 40A of Chapter 71 of the General Laws; provided, that the funds appropriated in this item shall not revert to the General Fund but shall be made available for this purpose through June 30, 2026; provided further, that if the funds allocated to this reserve are insufficient to fully fund the grant, the department of elementary and secondary education shall submit to the house and senate committees on ways and means a request for an additional appropriation to fully fund the grant. ........$50,000,000

Additional co-sponsor(s) added to Amendment #957 to H3900

Living Wages for Education Support Professionals