Text of MA H 4519 (2024)

HOUSE . . . . . . . . No. 4519 The Commonwealth of Massachusetts ________________________________________ HOUSE OF REPRESENTATIVES, April 8, 2024. The committee on Education, to whom were referred the petition (accompanied by bill, House, No. 468) of Carol A. Doherty and others relative to establishing a special commission (including members of the General Court) on creating a more diversified teaching workforce, the petition (accompanied by bill, House, No. 498) of Natalie M. Higgins, Jack Patrick Lewis and others relative to LGBTQ+ inclusive curriculum in public schools, the petition (accompanied by bill, House, No. 500) of Vanna Howard, Sean Garballey and others for legislation to include Asian Pacific Islander Desi American history education in school curriculum, the petition (accompanied by bill, House, No. 528) of Michael P. Kushmerek and others that the Department of Elementary and Secondary Education develop an accelerated, tuition-free teacher occupational apprenticeship program, the petition (accompanied by bill, House, No. 529) of Jack Patrick Lewis and others relative to the teaching of Native American culture and history, the petition (accompanied by bill, House, No. 536) of Samantha Montaño and others relative to the creation of a permanent commission relative to the education of American Indian and Alaska Native residents, the petition (accompanied by bill, House, No. 542) of Tram T. Nguyen, Steven Ultrino and others for legislation to promote racially inclusive curriculum in schools, the petition (accompanied by bill, House, No. 546) of Steven Owens, Manny Cruz and others relative to addressing racial and cultural bias training in educator professional development, the petition (accompanied by bill, House, No. 548) of Alice Hanlon Peisch relative to teacher preparation and certification, the petition (accompanied by bill, House, No. 549) of Alice Hanlon Peisch and others relative to educator diversity, the petition (accompanied by bill, House, No. 561) of David M. Rogers and Frank A. Moran for legislation to establish an integrated cultural studies curriculum in schools, the petition (accompanied by bill, House, No. 583) of Priscila S. Sousa and Rodney M. Elliott relative to protecting certain teachers from layoffs, the petition (accompanied by bill, House, No. 588) of Chynah Tyler, Dylan A. Fernandes and others for legislation to establish a permanent commission on anti-racist education to develop anti-racist curriculum for the public schools, and the petition (accompanied by bill, House, No. 591) of Chynah Tyler, Christopher J. Worrell and Michelle M. DuBois relative to including the events of Black History instruction at schools and institutions of higher education, reports recommending that the accompanying bill (House, No. 4519) ought to pass. For the committee, DENISE C. GARLICK. 1 of 15 FILED ON: 3/15/2024 HOUSE . . . . . . . . . . . . . . . No. 4519 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to educator diversity. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, 2 is hereby amended by inserting after section 2DDDDDD the following new section:- 3 Section 2EEEEEE. (a) There shall be established and set up on the books of the 4 commonwealth a separate fund to be known as the Educator Diversity Trust Fund. The 5 commissioner of elementary and secondary education shall administer the fund. The fund shall 6 be credited with: (i) revenue from appropriations or other money authorized by the general court 7 and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and 8 (iii) funds from public and private sources such as gifts, grants and donations to further the 9 establishment of plans and programs to increase educator diversity and professional development 10 pertaining to evidence-based culturally responsive and linguistically sustaining pedagogy and 11 practices. Amounts credited to the fund shall not be subject to further appropriation and any 12 money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. 2 of 15 13 (b) The commissioner shall establish a grant program for public school districts, charter 14 schools, nonprofits or community-based organizations, and institutions of higher education. 15 Grants shall be provided for the following purposes: (i) to assist public school districts and 16 charter schools with the establishment of plans and programs to increase educator diversity, 17 including, but not limited to, the development of in-house teacher residency programs, pathways 18 focused on recruiting, developing, and supporting educators who are members of groups 19 underrepresented in the educator workforce, and other promising practices to increase the 20 recruitment and retention of diverse educators; (ii) for professional development and other 21 training for educators and other district and school staff pertaining to evidence-based culturally 22 responsive and linguistically sustaining pedagogy and practices; (iii) to assist public school 23 districts and charter schools with the establishment of programs to incentivize diverse and highly 24 effective educators to work or continue working in districts and charter schools with high 25 concentrations of economically disadvantaged students or English learners; and (iv) other 26 evidence-based strategies to increase educator diversity and culturally responsive and 27 linguistically sustaining practices in public school districts and charter schools. In establishing 28 and administering the grant program, the commissioner shall prioritize public school districts and 29 charter schools with high concentrations of economically disadvantaged students or English 30 learners, which may include a district or school implementing a turnaround plan. 31 (c) Amounts received from private sources shall be approved by the commissioner of 32 elementary and secondary education and subject to review before being deposited in the fund to 33 ensure that pledged funds are not accompanied by conditions, explicit or implicit, that may be 34 detrimental to the implementation of plans and programs to increase educator diversity or 35 professional development pertaining to evidence-based culturally responsive and linguistically 3 of 15 36 sustaining pedagogy and practices. The review shall be made publicly available on the 37 department's website. 38 (d) In making grants, the commissioner shall utilize funding from the Educator Diversity 39 Trust Fund and may apply for federal, state or other funding.  40 (e) Annually, not later than December 1, the commissioner shall report to the clerks of 41 the house of representatives and senate, the joint committee on education and the house and 42 senate committees on ways and means on activity of the Educator Diversity Trust Fund. The 43 report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the 44 amounts distributed and the purpose of expenditures from the fund; (iii) grant recipients and the 45 amount received by each recipient; (iv) anticipated revenue and expenditure projections for the 46 next year; (v) the number of public school districts, charter schools, nonprofits or community- 47 based organizations, and institutions of higher education that applied for, but were not granted, 48 funding; and (vi) the impact of the grant program, including the expenditure of funds by grantees 49 and an analysis of the types of programs created by said funds. The report shall be publicly 50 available on the department's website. 51 SECTION 2. Section 38G of chapter 71 of the General Laws is hereby amended by 52 inserting after paragraph ending with the words, “approved provisional educator preparation 53 program”, in lines 93-94, the following paragraph:- 54 The department of elementary and secondary education shall, in consultation with 55 relevant stakeholders, develop additional pathways for granting educator certification based on 56 the alternative assessment pilot authorized under 603 CMR 7.04(2)(f) that may be used to satisfy 57 the testing requirements contained in this section. 4 of 15 58 SECTION 3. (a) The department of elementary and secondary education shall, in 59 consultation with relevant stakeholders and with the solicitation of public comment for a period 60 of not less than 90 days, implement a 5-year pilot program to develop additional pathways for 61 granting educator certification. 62 (b) The additional pathways may allow for waiver of not more than 1 of the 2 testing 63 requirements pursuant to said section 38G of said chapter 71, per candidate, and shall include 64 consideration of factors including, but not limited to, whether a candidate has: (i) completed 65 field-based experience of at least 2 years in the role and at the level of the license sought; (ii) 66 obtained certification in another state or territory in the United States, the District of Columbia, 67 or the Commonwealth of Puerto Rico, as approved by the department; (iii) demonstrated at least 68 2 years of educator proficiency according to traditional measures of effectiveness, as determined 69 by the department; (iv) completed a satisfactory portfolio of items that may include student 70 feedback or competency-based projects; (v) received a formal recommendation from the 71 principal, superintendent, or assistant superintendent of the current school or district where the 72 candidate has been employed as a teacher or paraprofessional for at least 3 full years; (vi) 73 obtained a master’s degree or doctorate from an accredited institution, provided that the 74 advanced degree relates to the content area for which the individual is seeking certification as 75 determined by the department; or (vii) completed a board-approved educator preparation 76 program for the role and at the level of the license sought, including but not limited to (A) a 77 college program, graduate or undergraduate, approved by the board for the preparation of 78 teachers; (B) a college preparation program included in the National Association of State 79 Directors of Teacher Education and Certification (NASDTEC); (C) an out of state teacher 80 education program approved by the National Council for the Accreditation of Teacher Education 5 of 15 81 (NCATE); or (D) another program approved by the board. This process shall give consideration 82 to necessary accommodations for any person with a disability as defined in 42 U.S.C. §12102 83 and comply with any other applicable state and federal laws. 84 (c) The department shall ensure that any public school district or charter school which 85 employs educators licensed through this pilot program is able to provide the supports and 86 resources necessary for the educators to be effective, including but not limited to policies aligned 87 with the guidelines established in section 38G ¾ of chapter 71 of the General Laws. 88 (d) The department shall conduct a comprehensive evaluation of the pilot program and 89 the use of the additional licensure pathways during the pilot period. The evaluation shall include: 90 (i) a measurement of student impacts according to factors determined by the department; (ii) an 91 assessment of progress made in diversifying the educator workforce, including data on the 92 demographics of participants, hiring rates and demographics of the districts and schools where 93 candidates were hired, aggregated evaluation ratings and retention rates; and (iii) an assessment 94 of the impacts on candidates of diverse backgrounds. 95 (e) The department shall file a report including the evaluation of the pilot program with 96 the clerks of the house of representatives and the senate and the joint committee on education no 97 later than one year after the conclusion of the pilot program. 98 SECTION 4. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby 99 amended by inserting after the words “attainment and renewal of such certificates”, in line 80, 100 the following sentence:- 6 of 15 101 The board shall ensure that the established requirements for such certificates provide 102 necessary accommodations for any person with a disability as defined in 42 U.S.C. §12102 and 103 comply with any other applicable state and federal laws. 104 SECTION 5. (a) Notwithstanding any general or special law to the contrary, the 105 department of elementary and secondary education shall study the feasibility of establishing a 106 program which allows certain educator candidates to complete the testing requirements pursuant 107 to section 38G of chapter 71 of the General Laws at no cost to the candidates. Such a program 108 shall apply to candidates who are determined by the department to qualify for financial 109 assistance, or have (i) attempted to complete the testing requirements pursuant to said section 110 38G of chapter 71 of the General Laws; (ii) failed to meet the minimum score requirements 111 established by the department; and (iii) earned a score or scores within one standard error of 112 measurement of passing, as determined by the department. The study may include analysis of 113 any prior or existing voucher systems designed to pay for licensure test fees. 114 (b) No later than October 1, 2025, the department shall file a report, including any 115 analysis or recommendations on the feasibility of the program with the clerks of the house of 116 representatives and the senate and the joint committee on education. 117 SECTION 6. (a) Notwithstanding any general or special law to the contrary, the 118 department of elementary and secondary education shall study the bias and accessibility of 119 assessments used by educator candidates to complete the testing requirements pursuant to section 120 38G of chapter 71 of the General Laws. 121 (b) No later than October 1, 2025, the department shall file a report with the clerks of the 122 house of representatives and the senate and the joint committee on education on reducing bias 7 of 15 123 and increasing accessibility of assessments used by educator candidates to complete the testing 124 requirements pursuant to section 38G of chapter 71 of the General Laws, including any analysis 125 or recommendations. The report shall include, at minimum, (i) an analysis of potential racial, 126 cultural, or linguistic biases of assessments used by educator candidates; (ii) data on candidates 127 applying for accommodations and those receiving accommodations; (iii) data on the types of 128 accommodations requests received and those granted; (iv) data on candidates retaking the 129 assessment and any accommodations requested by those candidates; and (v) data on the passing 130 rates for candidates who received accommodations and all candidates passing the assessment. 131 SECTION 7. (a) Notwithstanding any general or special law to the contrary, the 132 department shall conduct a study and report on potential initiatives to incentivize diverse and 133 highly effective educators to work in high-needs schools and districts, including incentives to 134 recruit new and diverse teachers to high-needs schools and policies or practices to retain diverse 135 and effective teachers currently teaching in high-needs schools. “High-needs schools or 136 districts,” as used herein, shall be a school or district with a high percentage of low-income 137 students and/or English learners, which may include a school or district implementing a 138 turnaround plan. 139 (b) Not later than October 1, 2025, the department shall file a report with the clerks of the 140 senate and house of representatives and the joint committee on education, including any analysis 141 or recommendations. The report shall include, but not be limited to: (1) a survey of educator 142 salaries and benefits across school districts and charter schools; (2) an assessment of potential 143 incentives to attract novice educators to high-needs school districts, including but not limited to 144 the establishment of loan forgiveness, scholarship, and housing support programs and the status 145 of such currently or previously existing state programs; (3) the feasibility of financial incentives 8 of 15 146 for achieving National Board certification; (4) the feasibility of establishing a master educator 147 corps program, to be administered by the department, to incentivize educators that have achieved 148 a certain level of mastery to transfer to high-needs school districts; (5) an assessment of a salary 149 parity scale for any educators that have switched to high-needs school districts; (6) any other 150 program, as determined by the department, to help meet the educator requirements of high-needs 151 school districts; and (7) an assessment of any additional actions necessary to achieve these 152 objectives. 153 SECTION 8. Section 38G of said chapter 71 of the General Laws, as so appearing, is 154 hereby amended by inserting after the paragraph ending with the words “practical experience in 155 the application of these strategies”, in line 267, the following paragraph:- 156 In addition to any other requirements of this section, the board shall incentivize all 157 educators and administrators to be trained in strategies related to evidence-based culturally 158 responsive and linguistically sustaining pedagogy and practices. The board may consider 159 incentives including but not limited to certification fee waivers, resources curated and published 160 by the department, professional development opportunities, and optional training during the 161 certification and recertification process. 162 SECTION 9. Chapter 69 of the General Laws is hereby amended by inserting after 163 section 36 the following section:- 164 Section 37. (a) Notwithstanding any general or special law to the contrary, the 165 department shall set measurable educator diversity goals for the state and collect and report 166 publicly statewide educator diversity data. The data shall be reported in an online dashboard 167 created in consultation with the board of elementary and secondary education. The data shall 9 of 15 168 include but not be limited to the hiring and retention of diverse educators, the racial, ethnic, and 169 linguistic demographics of educators who complete Massachusetts state educator preparation 170 programs, the racial, ethnic, and linguistic demographics of all persons applying for and 171 completing educator certification, and teacher qualification data from school and district report 172 cards. The department shall report annually to the board of elementary and secondary education 173 on state educator diversity data and goals. The department shall also submit a report on the state 174 of educator diversity to the clerks of the senate and house of representatives and the joint 175 committee on education no later than June 30 on an annual basis. 176 (b) Each public school district and charter school shall collect and report to the 177 department educator diversity data in a manner prescribed by the department; provided that the 178 department shall utilize existing reporting mechanisms and schedules to collect educator 179 diversity data and outcomes. 180 SECTION 10. Chapter 71 of the General Laws is hereby amended by inserting after 181 section 38G ½ the following section:- 182 Section 38G ¾. (a) To promote a diverse educator workforce, the department shall: 183 (i) Establish guidelines for plans to increase racial, ethnic, and linguistic diversity among 184 teaching, administration, and staff positions in each public school district, as defined in section 2 185 of chapter 70, and each charter school, as defined in section 89 of chapter 71. These guidelines 186 shall include, at a minimum, recommended policies designed to help districts and schools: (1) 187 identify and eliminate discriminatory barriers to hiring and learning in a district or school; (2) 188 remedy the effects of past discriminatory practices; (3) identify, recruit, and hire employees who 189 are members of groups underrepresented in the educator workforce; (4) develop, promote, and 10 of 15 190 retain employees who are members of groups underrepresented in the educator workforce; and 191 (5) ensure equal opportunity in employment for educators. In developing these guidelines, the 192 department shall consult with experts and school leaders from public school districts and charter 193 schools that have experienced significant increases in hiring and retaining racially, ethnically, 194 and linguistically diverse educators. 195 Each public school district and charter school shall set a corresponding policy that 196 conforms with the department's guidelines. Such plans shall comply with all applicable state and 197 federal laws, and shall be updated, at a minimum, every 3 years. 198 (ii) Establish a process for reviewing plans based on clearly defined criteria. A public 199 school district or charter school shall amend any plan deemed not to conform with the 200 requirements of this section. A public school district or charter school shall be deemed to have 201 satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required 202 by section 1S of chapter 69, as amended by chapter 132 of the acts of 2019, or in any other 203 strategic plan developed by the district. 204 (iii) Establish periodic reporting requirements for public school districts and charter 205 schools concerning the implementation of their plans and all actions taken to ensure compliance 206 with this section and applicable state and federal laws. These reporting requirements shall be 207 incorporated into existing reporting mechanisms and schedules where feasible. 208 (iv) Assist public school districts and charter schools in complying with their plans and 209 applicable federal and state laws. 210 (v) Require approved educator preparation programs to implement plans to increase the 211 racial, ethnic, and linguistic diversity of program completers. These plans shall be required as 11 of 15 212 part of the educator preparation program approval process and the department shall make each 213 program’s plan publicly available. The department shall establish guidelines for educator 214 preparation program diversity plans. 215 (b) The board of elementary and secondary education shall review compliance with these 216 plans and policies on a regular basis and may provide further recommendations regarding 217 educator diversity. 218 SECTION 11. Chapter 71 of the General Laws is hereby amended by inserting after 219 section 99 the following section:- 220 Section 100. (a) Each public school district and charter school shall appoint or hire a 221 diversity, equity, and inclusion officer(s) or establish a diversity team, referred to in this section 222 as a diversity officer or team. The role and responsibilities of a diversity officer or team may be 223 assigned to an existing school employee or existing school entity. A diversity officer or team 224 shall report directly to the superintendent. Diversity officers or teams shall coordinate their 225 school district’s compliance with the requirements of this section and applicable federal and state 226 laws. Should a district or charter school have a diversity officer or team already in place, that 227 shall satisfy the requirement of this section. 228 (b) Each public school district and charter school shall establish a process for advising the 229 school committee or board of trustees on matters of diversity, equity, and inclusion in the school 230 district or charter school. This process may include establishing an educator diversity council 231 consisting of educators, administrators, parents or caregivers, and students, which shall meet 232 regularly with the superintendent or the diversity officer or teams and the school committee or 233 board of trustees. For such councils that are established, members shall, to the best ability of a 12 of 15 234 school district or charter school, represent a diversity of identities, including but not limited to 235 race, ethnicity, culture, immigration status, sex, gender, sexual orientation, religion, disability, 236 and socioeconomic level. The school committee or board of trustees may appoint a member of 237 the committee to serve as an ex-officio member of the educator diversity council. 238 (c) Pursuant to guidelines established by the department, all superintendents, school 239 committee members, boards of trustees members, district leaders, principals, and school district 240 employees shall attend diversity and implicit bias training every two years; provided that training 241 completed during certification or recertification pursuant to paragraph 36 of section 38G of 242 chapter 71 shall satisfy this requirement for the year in which the training was completed. 243 SECTION 12. Section 18 of Chapter 74, as appearing in the 2022 Official Edition, is 244 hereby amended by striking the first paragraph and inserting in place thereof the following 245 paragraph:- 246 The state board shall establish basic competency-based vocational-technical teacher 247 training standards which shall serve as the fundamental, pedagogical requirements for beginning 248 vocational-technical instructors. The board shall further require that all persons seeking to meet 249 the board's requirements shall have successfully passed performance and written tests in areas as 250 determined by the board or shall have satisfied alternative measures of proficiency established by 251 the board and shall have successfully completed an approved seminar on teaching skills and 252 methods. 253 SECTION 13. (a) Notwithstanding any general law or special law to the contrary, the 254 department of elementary and secondary education shall, subject to appropriation, develop and 255 administer a 2-year pilot program, in partnership with a college or university or school or district 13 of 15 256 or other institution offering an approved preparation program pursuant to Section 38G of Chapter 257 71 of the General Laws, for teacher apprenticeships during which participants shall complete a 258 paid teaching apprenticeship for 2 full school years in a high-needs district in the classroom with 259 a highly proficient mentor teacher, as determined by the department using factors including but 260 not limited to traditional measures of effectiveness and demonstrated evidence-based practices, 261 as determined by the department. As used herein, “high-needs” shall be defined as: schools or 262 districts with a high percentage of low-income students and English learners, which may include 263 schools or districts implementing turnaround plans. The program shall provide sufficient funds to 264 candidates to support earning a competitive wage, including but not limited to support for 265 childcare, transportation, textbooks, and other core expenses, to ensure a diverse cohort are able 266 to fully participate. In designing the program, the department shall partner with the 267 Massachusetts Executive Office of Labor and Workforce Development and consult the National 268 Guidelines for Apprenticeship Standards (NGS) for Registered Apprenticeships for K-12 269 teachers. The department shall seek to maximize revenues through federal monies, matching 270 funds and grants to support this program. Subject to available state and federal funds, the 271 department shall consider the feasibility of a no-cost or tuition-free program for some or all 272 participants on the basis of a participant’s financial need. 273 (b) In administering the pilot program, the department shall promulgate regulations 274 defining the apprenticeship and the target candidates to be admitted to the program. 275 (c) The department shall file a report with the clerks of the house of representatives and 276 the senate and the joint committee on education no later than 1 year after the completion of the 277 pilot on the outcome of the pilot program. The report shall include data on the demographics of 278 participants, licensure pass rates, hiring rates, and an assessment of the feasibility of applying for 14 of 15 279 status as a United States Registered Apprenticeship. The department shall file a report with the 280 clerks of the house of representatives and the senate and joint committee on education no later 281 than 3 years after the completion of the pilot that includes, at a minimum, an evaluation of the 282 impact of apprentices on student outcomes as compared to teachers not participating in the pilot 283 using traditional measures of effectiveness, as determined by the department, and an assessment 284 of the feasibility of expanding to a 2-year teacher apprenticeship for all teacher candidates or all 285 candidates in high-needs districts. 286 SECTION 14. (a) Not later than October 1, 2025, the department of elementary and 287 secondary education, or any department or agency thereof designated by the executive office, 288 shall establish a public information campaign, which shall be no less than 1 year, to educate and 289 promote awareness to the public of available state scholarships and loan forgiveness programs 290 for prospective educators. The campaign shall include, but not be limited to, information about 291 the availability and eligibility for such scholarships and loan forgiveness programs. The 292 department of elementary and secondary education, or any department or agency thereof 293 designated by the executive office, shall seek to ensure that the information campaign reaches 294 individuals applying to public institutions of higher education, pursuant to section 5 of chapter 295 15A of the General Laws, and community colleges, pursuant to section 10 of chapter 15A of the 296 General Laws. 297 (b) Not later than October 1, 2027, the department shall report to the joint committee on 298 education on the impact of the public information campaign, including data on the numbers of 299 applicants for available state scholarships and loan forgiveness programs and the awarding of 300 such scholarships and loan forgiveness program participants. 15 of 15 301 SECTION 15. The board of elementary and secondary education shall promulgate rules 302 and regulations to implement the requirements of this act. Such regulations shall include a 303 schedule for public school districts and charter schools to meet the planning and reporting 304 requirements of this act, provided that such schedule shall prioritize implementation for school 305 districts and charter schools that have significant disparities between educator and student 306 demographics, according to racial, ethnic, and linguistic diversity.