Amendment #514 to H4789

Provisions for Protecting Teacher Diversity

Ms. Sousa of Framingham moves to amend the bill by adding the following five sections:

"SECTION XX. Section 42 of chapter 71 of the General Laws, as appearing in the 2020 Official

Edition, is hereby amended by striking the seventh paragraph, and inserting in the place thereof

the following:

Nothing in this section or section 41 shall affect the right of a superintendent to lay off teachers

pursuant to reductions in force or reorganization resulting from declining enrollment or other

budgetary reasons. Except as herein provided, no teacher with professional teacher status shall

be laid off pursuant to a reduction in force or reorganization if there is a teacher without

professional teacher status for whose position the covered employee is currently certified or if

there is a less qualified teacher with professional teacher status holding the same or similar

position for which the covered employee is currently certified. No teacher with professional

teacher status shall be displaced in accordance with the terms of a collective bargaining

agreement or otherwise by a more senior teacher with such status unless the more senior

teacher is currently certified pursuant to section 38G and is at least as qualified for the position

as the junior teacher holding the position. The criteria for determining a qualified teacher under

this paragraph shall be subject to the collective bargaining provisions of chapter 150E; provided,

however, that any such collectively bargained for qualifications shall include, as the primary

factors, indicators of job performance, including overall ratings resulting from comprehensive

evaluations conducted consistent with section 38 and the best interests of the students in the

school or district; and provided further, that for the purposes of this paragraph, no distinction

shall be made between the overall performance ratings established by the board of elementary

and secondary education finding that the teacher has met or exceeded acceptable performance

standards developed under said section 38 and that are defined by the board as proficient and

exemplary.

Any teacher without professional teacher status who meets one of the below criteria and who

did not receive an unsatisfactory performance evaluation in the school year immediately prior to

the school year in which a layoff is announced shall be exempted. However, if layoffs are

required and enough teachers without professional teacher status are exempt such that

teachers with professional teacher status would be laid off, exemptions for teachers without

professional teacher status are void.

a. a teacher who works in a school that is among the top 10 percent of schools with the

highest percentage of high-needs students in the district, as defined by the department,

b. a teacher who works in a school that is among the top 10 percent of schools with the

lowest staff retention in the district, or

c. a teacher who received the highest rating on a performance evaluation delivered in either

or both of the school years immediately prior to the school year in which a layoff is

announced.

Among the remaining teachers without professional teacher status, no teacher shall be laid off

pursuant to a reduction in force or reorganization if there is a less qualified teacher without

such status holding the same or similar position for which the covered employee is currently

certified.

In the instance that exemptions become void, teachers without professional teacher status who

did not previously qualify for an exemption shall be laid off before teachers without professional

teacher status who did previously qualify for an exemption. Among the teachers without

professional teacher status who had previously qualified for exemptions, no teacher shall be

laid off pursuant to a reduction in force or reorganization if there is a less qualified teacher

without such status holding the same or similar position for which the covered employee is

currently certified.

The school committee and the collective bargaining representative may negotiate for seniority

or length of service only as a tie-breaker in personnel actions under this paragraph among

teachers whose qualifications are no different using the qualifications collectively bargained for

in accordance with this paragraph.

SECTION XX. The department of elementary and secondary education shall evaluate the extent to

which this act contributed to its goal of increasing the percentage of Massachusetts public

school teachers of color and shall report its findings along with any recommendations not later

than June 30, 2029. The department shall submit such report to the clerks of the senate and the

house of representatives, who shall forward the same to the chairs of the joint committee on

education.

SECTION XX. Section 1 shall take effect on September 30, 2024.

SECTION XX. Section 1 is hereby repealed.

SECTION XX. Section 4 shall take effect on December 31, 2030."

Additional co-sponsor(s) added to Amendment #514 to H4789

Provisions for Protecting Teacher Diversity