From http://www.doe.mass.edu/edreform/era1993.html, 15 May 2000

Massachusetts General Court

Acts of 1993, Chapter 71

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One thousand Nine Hundred and Ninety-three

Whereas the deferred operation of this act would tend to defeat its purpose, which is to provide immediately for the improvement of public education in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The last paragraph of section 25 of chapter 10 of the General Laws, added by section 2 of chapter 461 of the acts of 1991, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Revenue from the lotteries for the arts shall be distributed in accordance with the provisions of section fifty-seven: provided, however, that the comptroller shall transfer in April of each year six hundred thousand dollars therefrom to the children’s trust fund established in section fifty.

SECTION 2. Chapter 15 of the General Laws is hereby amended by striking out section 1F, as appearing in the 1990 Official Edition, and inserting in place thereof the following section:
Section 1F. The board of education shall by a two-thirds vote of all its members appoint a commissioner of education, in this chapter called the commissioner, and may in its discretion by majority vote of all its members remove him. He shall be the secretary to the board, its chief executive officer and the chief state school officer for elementary and secondary education. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty, and the salary shall be determined in accordance with section forty-six C of said chapter thirty.

SECTION 3. Said chapter 15 is hereby further amended by striking out section 1G, as most recently amended by section 1 of chapter 414 of the acts of 1992, and inserting in place thereof the following section:

Section 1G. There shall be established advisory councils to the board in the following areas: early childhood education; life management skills and home economics; educational personnel; fine arts education; gifted and talented education; math and science education; racial imbalance; parent and community education and involvement; special education; bilingual education; technology education; vocational-technical education; global education; and comprehensive interdisciplinary health education and human service programs.
The members of these councils shall serve without compensation but may be reimbursed subject to appropriation for expenses necessarily and reasonably incurred in the performance of their responsibilities. Each council shall be composed of members who shall be recommended by the commissioner and appointed by the board and who shall not, by virtue of their membership, be deemed state employees under chapter two hundred and sixty-eight A. Members shall be appointed for a term of three years. No member shall serve for more than two consecutive terms. The members serving on such councils may be school committee members, school superintendents, professional educators, parents or students. A reasonable balance of members representing business, labor, civic, educational, parental and professional groups shall be maintained. Members serving on such councils shall represent a reasonable geographic balance.
The members of the council on education personnel shall have demonstrated scholarship, creativity, or distinguished service in education, and shall be broadly representative of all areas of public education.

The members of the council on technology education shall have demonstrated scholarship or creativity in, or distinguished service to technology education, and shall be broadly represented in all areas of technology education in the comprehensive school.
The council on global education shall include the directors of each of the bay state centers for global education.

The members of the council on math and science education shall have demonstrated scholarship or creativity in, or distinguished service to science or mathematics, and shall be broadly representative of all areas of science and mathematics.

The advisory council on early childhood education shall include a member representing private early childhood education providers.

There shall be twelve voting members of the advisory council for special education, six of whom shall be parents of children with special needs. The commissioners of the departments of mental health, mental retardation, public health and public welfare shall each appoint a representative to serve as ex-officio members of the advisory council for special education. At all times the makeup of the advisory council for special education shall comply with requirements of federal law. There shall be twelve voting members of the advisory council for bilingual education, six of whom shall be parents of bilingual students.

The advisory council for comprehensive interdisciplinary health education and human service programs shall consist of at least fifteen, but shall not exceed thirty, members who represent school counseling professionals, health home economics educators, child and adolescent health service providers, teachers, parents, high school students, school administrators and officials, and the departments of welfare, public health, mental health, youth services, social services, the office for children, a suicide prevention specialist, a substance abuse specialist, a youth programming expert and a member of the clergy.

The duties of the advisory council on vocational-technical education shall be performed by the state council on vocational education as constituted under federal vocational-technical education law. The state council on vocational technical education shall also advise the board on school to work policies. The board may appoint up to three additional members to this council and such members’ responsibilities shall be limited to duties required under this statute only.
The commissioner, with the approval of the board, shall appoint the chair of each council. The commissioner or his designee shall serve as the secretary to each council.

Each council shall make other programmatic recommendations as it deems necessary to fulfill the goals established by the board.

The commissioner, with the approval of the board, may establish such other advisory groups as deemed necessary to assist in developing educational plans or programs to advance the purposes of the department.

SECTION 4. Section one H of said chapter fifteen is hereby repealed.

SECTION 5. Section one K of said chapter fifteen is hereby repealed.

SECTION 6. Sections one M to one Q, inclusive, of said chapter fifteen are hereby repealed.

SECTION 7. Sections one S and one T of said chapter fifteen are hereby repealed.

SECTION 8. Section four A of said chapter fifteen is hereby repealed.

SECTION 9. Sections six B and six C of said chapter fifteen are hereby repealed.

SECTION 10. Sections forty-six to fifty-one, inclusive, of said chapter fifteen are hereby repealed.

SECTION 11. Section fifty-three of said chapter fifteen is hereby repealed.

SECTION 12. Section fifty-six of said chapter fifteen is hereby repealed.

SECTION 13. Sections sixty-one and sixty-two of said chapter fifteen are hereby repealed.

SECTION 14. Chapter 15A of the General Laws is hereby amended by striking out section 2, as appearing in section 7 of chapter 142 of the acts of 1991, and inserting in place thereof the following section:

Section 2. There shall be an advisory committee on education policy, hereinafter called the committee, consisting of the executive committees of the board of education and the higher education coordinating council. The committee shall have the following powers and duties:
(a) to study and report on issues common to higher education and to public early childhood, elementary, secondary, or vocational-technical schools;
(b) to serve as a forum for discussion between the lay boards responsible for overseeing public education in the commonwealth;
(c) to serve as a public forum for discussion of general education goals for the commonwealth;
(d) to develop goals for a coordinated system from early childhood through higher education at the university level, and make recommendations to appropriate boards or groups relative to such;
(e) to build public support and understanding of education;
(f) to encourage and facilitate partnerships between and among public early childhood, elementary, secondary, and vocational-technical schools with institutions of higher learning;
(g) to articulate, through study and discussions, the vital connection between high quality public education and future economic growth and development in the commonwealth;
(h) to encourage and facilitate partnerships between schools and businesses to improve the delivery of educational services;
(i) to articulate goals for accountability and high standards of quality for the entire system of education in the commonwealth, in consultation with parents, students, educators, business representatives, community officials and the public at-large;
(j) to advise the governor, the general court, and the secretary of education, relative to any issue within its purview; and,
(k) to encourage contributions and grants to schools from businesses, foundations, or any other viable and appropriate funding source.

The committee may utilize subcommittees of the full committee to accomplish any of the duties required of it. Nothing in this section shall be construed to grant the committee any authority vested in the board of education or the higher education coordinating council.

The committee shall be chaired by the secretary of education.

The committee shall meet at least four times annually and at other times at the call of the chairman of the board of education, the chairman of the higher education coordinating council, or the secretary of education.

SECTION 15. The second paragraph of section 3 of said chapter 15A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The secretary shall advise the governor on matters relating to public education, and shall coordinate public education programs from early childhood through the university level by chairing the advisory committee on educational policy and by serving on the board of education and the higher education coordinating council.

SECTION 16. Said section 3 of said chapter 15A is hereby further amended by striking out the third paragraph, as amended by section 209 of chapter 133 of the acts of 1992, and inserting in place thereof the following paragraph:

The secretary shall have the following powers and duties:
(a) to serve as the governor’s advisor on educational issues and represent the interests of education in the governor’s cabinet, and report to the governor on the activities of public education from early childhood through the university level;
(b) to analyze the present and future goals, needs and requirements of public education in the commonwealth and recommend to the board of education and the higher education coordinating council comprehensive goals necessary to achieve a well-coordinated system of high achievement in public education in the commonwealth;
(c) to serve as a voting member of the board of education and the higher education coordinating council, and as a member of the executive committee of each of these bodies;
(d) to seek, accept, establish and administer grants, gifts, awards, and trusts for public education from foundations, corporations, individuals, and federal agencies, and develop guidelines as needed for the disbursement of such funds in accordance with applicable law and pursuant to the terms of the grant, gift, award or trust; provided, however, that these powers shall exist concurrently with similar powers exercised by the board of education and the higher education coordinating council;
(e) to articulate the need for public support of education and to assist in building that support;
(f) to receive and review requests for state appropriations from the board of education and higher education coordinating council, and forward said requests along with such recommendations as he deems appropriate to the secretary of administration and finance and the senate and house committees on ways and means;
(g) to prepare an annual master plan for public education;
(h) to release to the public annually, on September first, a report on the condition of public early childhood, primary and secondary schools in the commonwealth, based on the department of education school and district profiles and the assessment results required by section one I of chapter sixty-nine, and on the condition of higher education in the commonwealth;
(i) to promulgate rules and regulations appropriate to fulfilling the responsibilities of the executive office.

SECTION 17. Said chapter 15A is hereby further amended by
inserting after section 3 the following section:

Section 3A. A statewide educational technology plan, to be known as Massachusetts education-on-line, shall be developed by the Massachusetts corporation for educational telecommunication, hereinafter referred to as MCET. Said educational technology plan shall incorporate the following goals:
(a) the implementation and integration of technology into teachi and learning in public schools, including, but not limited to, establishment of a statewide telecommunications and technology link among public college and university campuses and school districts through the use of computer and communications technology;
(b) the facilitation of the implementation of a statewide professional development plan for teachers, principals, and superintendents using distance learning in coordination with the commissioner of education; and,
(c) the increased involvement of parents, guardians, mentors or other volunteers with their students education by utilization of distance learning. For the purposes of this section, said educational technology plan shall be broadly construed to include, but not be limited to, programs, courses, and capital expenditures including computer hardware and software, networks, television, satellite transmissions, fiber optics cable, calculators and video and audio tapes. Subject to appropriation, MCET may provide grants to universities, colleges, schools and school districts for the purposes of purchasing the equipment and other
materials necessary for the implementation of said educational technology plan. The MCET executive director, in consultation with the secretary of education, may establish such advisory groups or committees as he deems necessary for the development and implementation of said educational technology plan.

SECTION 18. The first paragraph of section 4 of said chapter 15A is hereby amended by striking out the first sentence, as amended by section 1 of chapter 222 of the acts of 1991, and inserting in place thereof the following three sentences:- The higher education coordinating council, hereinafter referred to as the council, shall be composed of eleven voting members, consisting of the secretary of education, ex officio, and ten members appointed by the governor, reflecting regional geographic representation, one of whom shall be a student currently enrolled in a state-funded institution of higher education. The commissioner of education shall serve as a nonvoting member. The secretary shall serve as a voting member of the board but shall not serve as chairperson of the board.

SECTION 19. The second paragraph of said section 4 of said chapter 15A, as amended by section 2 of said chapter 222, is hereby further amended by striking out the last sentence and inserting in place thereof the following three sentences:- The chairperson of the council, who shall be appointed by the governor, shall notify the governor and the secretary whenever such vacancy exists. Six members, exclusive of the commissioner, shall constitute a quorum, and the affirmative vote of six members shall be necessary for any action taken by the council. The council shall have an executive committee and such other committees as the council may from time to time establish.

SECTION 20. Section 6 of said chapter 15A, as appearing in section 7 of chapter 142 of the acts of 1991, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:

The council shall, upon its formation, and whenever a vacancy may occur,by a two-thirds vote of all its voting members appoint a chancellor of the system of public higher education, hereinafter called the chancellor, and may in its discretion by a majority vote of all its members remove him. He shall be the secretary to the council and its chief executive officer and the chief school officer for higher education. The chancellor shall be responsible for carrying out the policies established by the council.

SECTION 21. The first paragraph of section 15 of said chapter 15A, as so appearing, is hereby amended by adding the following sentence:

Said statement shall also be transmitted to the secretary of education.

SECTION 22. Said chapter 15A is hereby further amended by inserting after section 19 the following section:

Section 19A. There shall be a student loan repayment program known as the attracting excellence to teaching program, for the purpose of encouraging outstanding students to teach in the public schools of the commonwealth by providing financial assistance for the repayment of qualified education loans, as defined below. The program shall be administered by the secretary of education in accordance with guidelines promulgated by the higher education coordinating council. The program shall be subject to appropriation. The term "qualified education loans" shall mean any indebtedness including interest on such indebtedness incurred to pay tuition or other direct expenses incurred in connection with the pursuit of an undergraduate or graduate degree by an applicant, but shall not include loans made by any person related to the applicant. The council shall promulgate guidelines governing the attracting excellence to teaching program. These guidelines shall include the following provisions:
(1) eligibility for the program shall be limited to persons who have graduated in the top quarter of their undergraduate classes, as certified by the institution attended by the applicant;
(2) eligibility shall be limited to persons entering the teaching profession after July first, nineteen hundred and ninety-four;
(3) the commonwealth shall repay a participating teacher’s student loan at a rate not to exceed one hundred and fifty dollars per month for a period not to exceed forty-eight months;
(4) repayment shall be made to the participating teacher annually upon the presentation by the participating teacher of satisfactory evidence of payments under the loan;
(5) payments by the commonwealth shall cover only loan payments made by the participating teacher in the months during which the participating teacher teaches in public school in the commonwealth;
(6) the program may or may not be limited to teachers who teach in school districts designated by the board of education;
(7) the program shall set forth an affirmative action policy and specific annual affirmative action goals. The council shall annually publish a report detailing its efforts to publicize the loan repayment program in order to advance the goals of this affirmative action policy and its success in meeting those goals. Expenses for administration of the program may be retained in an interest bearing trust fund to be established by the secretary and expended for the costs of administering the program without further appropriation, and any funds remaining in the trust fund at the termination of the program shall be returned to the General Fund.

SECTION 23. Said chapter 15A is hereby further amended by adding the following section:

Section 39. A qualified student enrolled in a public secondary school may enroll as a student in Massachusetts public institutions of higher education. The student shall earn both secondary school and college credits. Students may enroll either full time or for individual courses. The secretary in consultation with the council and the board of education, shall define which students may qualify for this program, establish criteria for admission, and otherwise administer this program.

SECTION 24. Section 27C of chapter 29 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding the following subsection:

(h) This section shall apply to regional school districts and educational collaborative organized pursuant to section four E of chapter forty, to the same extent as it applies to cities and towns. A regional school district may accept a law, rule or regulation by vote of its school committee, and an educational collaborative by vote of its board of directors.

SECTION 25. Said chapter 29 is hereby further amended by inserting after section 31D the following section:

Section 31E. Notwithstanding any general or special law to the contrary,a state employee, during working hours and at such times as are approved by his supervisor and in accordance with regulations promulgated hereunder, may, without loss of salary, provide voluntary services at a public elementary, secondary or vocational-technical school to assist the improvement of a student’s or school’s educational program; provided, however, that said voluntary services do not exceed seven hours per week. There shall be no requirement that the employee have a child as a student in the school or school district. Said services shall not be compensated by a school.

SECTION 26. Section 3C of chapter 60 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the first three paragraphs and inserting in place thereof the following three paragraphs:
Any city or town which accepts the provisions of this section or has previously accepted chapter one hundred and ninety-four of the acts of nineteen hundred and eighty-six is hereby authorized, subject to the approval of the commissioner, to design and designate a place on its municipal tax bills, or the motor vehicle excise tax bills, or to mail with such tax bills a separate form, whereby the taxpayers of said city or town can voluntarily check off, donate and pledge an amount not less than one dollar or such other designated amount which shall increase the amount otherwise due, and to establish a city or town scholarship fund, the purpose of which shall be to provide educational financial aid to deserving city and town residents in accordance with this section and to establish a city or town educational fund, the purpose of which shall be to provide supplemental educational funding for local educational needs.
Any amounts donated to the scholarship fund or educational fund shall be deposited into a special account in the general treasury and shall be in the custody of the treasurer. The treasurer shall invest said funds at the direction of the officer, board, commission, committee or other agency of the city or town who or which is otherwise authorized and required to invest trust funds of the city or town and subject to the same limitations applicable to trust fund investments,
except as otherwise specified herein. Interest earned upon, such fund shall remain therewith and shall be used for the purpose of said fund without further appropriation.
In any city or town establishing a scholarship fund, there shall be a scholarship committee and educational fund committee to consist of the superintendent of the city or town schools or designee thereof, and no fewer than four residents of the city or town appointed by the board of selectmen to a term of three years. The scholarship committee or educational fund committee shall select the recipients of and amounts of financial aid from the scholarship fund and educational fund and shall be guided by any criteria established by the scholarship
committee or educational fund committee subject to any ordinance or by-law and further subject to the following criteria:
(a) The recipients of financial aid must be residents of the city or town at the time the financial aid is first awarded and have been accepted to pursue education beyond the secondary school level at an institution deemed accredited by the committee.
(b) The committee shall take into consideration each recipients financial need, character, scholastic record and involvement in community work as well as extracurricular school activities.

SECTION 27. Chapter 69 of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:

Section 1. It is hereby declared to be a paramount goal of the commonwealth to provide a public education system of sufficient quality to extend to all children the opportunity to reach their full potential and to lead lives as participants in the political and social life of the commonwealth and as contributors to its economy. It is therefore the intent of this title to ensure: (1) that each public school classroom provides the conditions for all pupils to engage fully in learning as an inherently meaningful and enjoyable activity without threats to their sense of security or self-esteem, (2) a consistent commitment of resources sufficient to provide a high quality public education to every child, (3) a deliberate process for establishing and achieving specific educational performance goals for every child, and (4) an effective mechanism for monitoring progress toward those goals and for holding educators accountable for their achievement.

SECTION 28. Said chapter 69 is hereby further amended by striking out section 1A, as so appearing, and inserting in place thereof the following section:

Section 1A. There shall be a department of education, hereinafter called the department, which shall be under the supervision and management of a commissioner of education, hereinafter called the commissioner. Said commissioner shall be appointed pursuant to section one of chapter fifteen and shall devote full time to the duties of the office.

The commissioner, with the approval of the board of education, hereinafter called the board, shall establish such bureaus and other offices and employ such staff and consultants as may be necessary for the proper and efficient administration of the department. The commissioner shall propose a budget to the board; said budget shall reflect the goals and objectives of the board. Upon approval by the board, the commissioner shall submit the department’s budgetary proposals simultaneously to the house and senate committees on ways and means, the joint committee on education, arts and humanities, and to the secretary of education, who shall review and transmit said budget to the secretary of administration and finance.

The commissioner shall analyze the present and future goals, needs and requirements of public early childhood, elementary, secondary and vocational technical education in the commonwealth and recommend to the board comprehensive means to achieve a well-coordinated system of high achievement in public education in the commonwealth. The commissioner shall prepare a five year master plan for public early childhood, elementary, secondary, and vocational-technical education in the commonwealth. The master plan shall include, but not be limited to, enrollment projections, utilization of existing facilities, promotion of research, programmatic excellence, community service activities and community school activities, recommendations for the construction or acquisition of new facilities, program distribution and the need for program revision, including the termination of absolute or unnecessarily duplicative programs. Said master plan along with an annual progress report shall reflect the goals and standards established by the board. The commissioner shall receive reports, undertake research, and facilitate coordination among and between school districts.

The commissioner shall assist school districts in the development of school based management systems. Such assistance shall focus on the implementation of participatory management systems involving all school based professionals, parents, and on the secondary level, students.

The commissioner shall encourage and facilitate the adoption of regional districts to improve the delivery of a quality public education in an economical manner. The commissioner shall encourage and facilitate the use of existing, or the formation of new, educational collaborative to foster interdistrict cost effective purchasing, management collaboration, sharing of resources and other multipurpose educational activities.

The commissioner shall facilitate partnerships of public early childhood, elementary, secondary and vocational-technical schools with civic, conservation, business, cultural and labor organizations, and with institutions of higher education particularly through the development of regional teacher centers and the expansion of the Bay State centers for global education, to enhance educational programs. The commissioner shall assess the effectiveness and monitor the improvement of the public schools in each district, including charter schools.

The commissioner shall assess current programs of alternative education and shall develop a statewide action plan to expand and improve the delivery of alternative education programs.

The commissioner shall recommend, to the board, changes necessary to the competency determination as appropriate to reflect evolving notions of vocational education.

The commissioner shall appoint independent fact-finding teams to assess the reasons for a school or school district’s under-performance under sections one J and one K, and shall assess the prospects for school district improvement. The commissioner shall also supervise the receiver of a school district declared to be chronically under-performing under said sections one J and one K, and shall provide technical assistance to a school or school district deemed under-performing or chronically under-performing pursuant to said sections one J and one K .

The commissioner shall initiate the process for selecting a list of impartial arbitrators as provided in sections thirty-eight, forty-one and forty-two of chapter seventy-one and, upon receipt of a request-for review pursuant thereto, the commissioner shall provide the names of three arbitrators as provided therein.

SECTION 29. Said chapter 69 is hereby further amended by inserting after section 1A the following eleven sections:

Section 1B. The board shall establish policies relative to the education of students in public early childhood, elementary, secondary and vocational technical schools. The board shall be the state agency responsible for the administration of vocational education and the supervision of the administration thereof by local educational agencies.

For the purposes of this section the term "local educational agency" shall mean any agency which has administrative control and direction of a vocational education program funded in whole or in part by federal funds.

The board shall establish standards for certifying all teachers, principals, and administrators in public early childhood, elementary, secondary and vocational-technical schools, as provided in and subject to section thirty-eight G of chapter seventy-one. The board shall promote the implementation of participatory management systems involving school based personnel and school councils.

The board shall provide technical assistance, curriculum, materials, consultants, support services and other services to schools and school districts, to encourage programs for gifted and talented students.

The board shall publish profiles of each public elementary and secondary school and school district in the commonwealth, providing information concerning student achievement of performance goals, school spending, special programs, curriculum offerings, qualifications of teaching staff, and other information which may be pertinent to teachers, parents, students, and elected officials regarding the performance of said schools and school districts. These profiles shall be in a form readily comprehensible by the general public and shall permit meaningful comparisons among individual schools and school districts. The board also shall identify those schools and school districts that are particularly successful in improving the performance of the students whom they serve and shall undertake to analyze and publish the strategies employed by such schools and districts for the purpose of recognizing the efforts of the educators involved and of encouraging the replication, where appropriate, of their successful strategies. In producing said profiles and review of successful strategies, the board shall have access to all information gathered by the secretary of education and the joint committee on education of the general court, which may be relevant to the production of said profiles and review. The board shall release its report annually on or before the thirtieth day of June, and shall make said report available to the public.

The board may withhold state and federal funds from school committees which fail to comply with the provisions of law relative to the operation of the public schools or any regulation of said board authorized in this section. The board shall see to it that all school committees comply with all laws relating to the operation of the public schools and in the event of noncompliance the commissioner of education shall refer all such cases to the attorney general for appropriate action to obtain compliance.

The board shall establish the standards for the recognition of high achievement by students and school districts. The board shall establish the process and standards for declaring a school or school district to be "under-performing" or "chronically under-performing" in accordance with the provisions of this chapter. The board shall review and approve federal grant applications for public early childhood, elementary, secondary and vocational-technical
schools and may develop guidelines as needed for the disbursement of such funds in accordance with law. The board shall be the approving authority for all federal educational grants and programs to be undertaken by public early childhood, elementary, secondary and vocational-technical schools in the commonwealth. The board shall be the state education agency for purposes of federal law.

The board shall establish guidelines for establishing systems of personnel evaluation, including teacher performance standards. Public school districts in the commonwealth shall be encouraged to develop programs and standards which provide for a more rigorous and comprehensive evaluation process. Said guidelines shall be reviewed at least every other school year.

The board shall seek, accept, establish and administer grants, gifts, awards, and trusts for public early childhood, elementary, secondary and vocational-technical education from foundations, corporations, individuals and federal agencies, and develop guidelines as needed for the disbursement of such funds in accordance with applicable law and pursuant to the terms of the grant, gift, award or trust.

The board shall establish the criteria to define areas with a high number of low-income children for purposes of the school breakfast program, the early childhood program and any other program focused on low-income children.

The board shall establish minimum standards for all public early childhood, elementary, secondary and vocational-technical school buildings, subject to the provisions of the state building code. The board shall establish standards to ensure that every student shall attend classes in a safe environment.

The board shall, in coordination with local school districts, improve the management and efficiency of public early childhood, elementary, secondary and vocational-technical schools and school districts.

The board shall encourage the collaboration between local school districts, vocational-technical school districts, and regional employment boards to prepare students for the employment needs of the region. The board shall establish a policy to ensure that, so far as practical, school districts distribute financial resources equitably among all schools in the district.

The board shall establish maximum pupil-teacher ratios for classes in public elementary and secondary schools. The board shall establish the permissible and mandatory ages for school attendance and shall consider the advisability of raising the minimum age for attendance in the first grade to the national average age for such attendance.

The board shall carry out its responsibilities with a view toward increasing the accountability and effectiveness of public early childhood, elementary, secondary and vocational-technical schools and school districts for the performance of the students they serve.

The board shall establish such other policies as it deems necessary to fulfill the purposes of this chapter and chapters fifteen, seventy, seventy-one A, seventy-one B, and seventy-four. In accordance with the provisions of chapter thirty A, the board may promulgate regulations as necessary to fulfill said purposes. Said regulations shall be promulgated so as to encourage innovation, flexibility and accountability in schools and school districts.

The board shall establish an executive committee and such other committees as it may from time to time deem necessary.

Section 1C. The board shall establish minimum nutritional standards for all school food services in all public early childhood. elementary, secondary, and vocational-technical schools. The board shall require all public schools to make lunches available to children. Standards and regulations of the board promulgated pursuant to this paragraph shall be adopted in the following manner. A copy of such regulations and standards shall be filed by the board with the clerk of the house of representatives and of the senate who shall refer such regulations and standards to the joint committee on education, arts and humanities of the general court for review. Within thirty days after such filing, said committee shall hold a public hearing on the regulations and standards, shall issue a report, and file a copy thereof with the board of education. The board shall adopt final regulations and standards making such revisions in the interim regulations and standards as it deems appropriate in view of such report and shall forthwith file a copy of the regulations and standards with chairpersons of said committee of the general court and not earlier than thirty days after the date of such filing, the board shall file the final regulations and standards with the state secretary and the said regulations shall thereupon take effect.

The board shall further require all public schools which draw their attendance from areas with a high number of needy children, as defined by the board, to make school breakfast programs available to children, and to operate such programs in accordance with the federal laws and regulations pertaining to school breakfast programs. Such breakfast programs shall be made available to children who do not qualify for free or reduced price breakfast under federal income eligibility guidelines at a price to each such child which is not less than the cost to the school of making such breakfast available to such child. The commonwealth shall reimburse each city or town required by this paragraph to make school breakfast programs available to children who qualify for free or reduced price meals pursuant to federal income eligibility guidelines, at a uniform rate determined pursuant to the following paragraph, which rate shall provide for the payment by the commonwealth of the reasonable costs of making breakfast available to such children, reduced by the amount of revenue received by the city or town from federal reimbursements or any other source with respect to the provision of such breakfasts. The department shall make said reimbursements in accordance with the same schedule as federal reimbursements are made to the city or town with respect to such breakfast programs.

The secretary for administration and finance shall convene a working committee made up of his own designee, a designee of the Massachusetts school committee association and a designee of the Massachusetts school business managers association, a designee of the commissioner of education and a designee of the local government advisory committee to establish guidelines for the purposes of reimbursing cities and towns for the reasonable costs associated with the implementation of school breakfast programs pursuant to the preceding paragraph. Such guidelines shall be filed by the working committee with the clerk of the house of
representatives and senate only upon approval of said committee. Reimbursements of costs made pursuant to such guidelines shall constitute complete satisfaction of the obligation of the commonwealth to assume such costs pursuant to any general or special law.

Section ID. The board shall establish a set of statewide educational goals for all public elementary and secondary schools in the commonwealth. The board shall direct the commissioner to institute a process to develop academic standards for the core subjects of mathematics, science and technology, history and social science, English, foreign languages and the arts. The standards shall cover grades kindergarten through twelve and shall clearly set forth the skills, competencies and knowledge expected to be possessed by all students at the conclusion of individual grades or clusters of grades. The standards shall be formulated so as to set high expectations of student performance and to provide clear and specific examples that embody and reflect these high expectations, and shall be constructed with due regard to the work and recommendations of national organizations, to the best of similar efforts in other states, and to the level of skills, competencies and knowledge possessed by typical students in the most educationally advanced nations.

The skills, competencies and knowledge set forth in the standards shall be expressed in terms which lend themselves to objective measurement, define the performance outcomes expected of both students directly entering the work force and of students pursuing higher education, and facilitate comparisons with students of other states and other nations. The standards shall provide for instruction in at least the major principles of the Declaration of Independence, the United States Constitution, and the Federalist Papers. They shall be designed to inculcate respect for the cultural, ethnic and racial diversity of the commonwealth and for the contributions made by diverse cultural, ethnic and racial groups to the life of the commonwealth. The standards may provide for instruction in the fundamentals of the history of the commonwealth as well as the history of working people and the labor movement in the United States.

The standards may provide for instruction in the issues of nutrition, physical education, AIDS education, violence prevention, and drug, alcohol and tobacco abuse prevention. The board may also include the teaching of family life skills, financial management and consumer skills, and basic career exploration and employability skills. The board may also include in the standards a fundamental knowledge of technology education and computer science and keyboarding skills; the major principles of environmental science and environmental protection: and an awareness of global education and geography. The board may set standards for student community service-learning activities and programs. The board may also institute a process for drawing up additional standards in other areas of education. Academic standards shall be designed to avoid perpetuating gender, cultural, ethnic or racial stereotypes. The academic standards shall reflect sensitivity to different learning styles and impediments to learning. The board shall develop procedures for updating, improving or refining standards, but shall ensure that the high quality of the standards is maintained. A copy of said standards shall be submitted to the joint committee on education, arts, and humanities at least sixty days prior to taking effect.

The standards shall also include criteria or three determinations or certificates as follows:
(i) The "competency determinations" shall be based on the academic standards and curriculum frameworks for tenth graders in the areas of mathematics, science and technology, history and social science, and English, and shall represent a determination that a particular student has demonstrated mastery of a common core of skills, competencies and knowledge in these areas, as measured by the assessment instruments described in section 1I (one I). Satisfaction of the requirements of the competency determination shall be a condition for high school graduation. If the particular student’s assessment results for the tenth grade do not demonstrate the required level of competency, the student shall have the right to participate in the assessments program the following year or years. Students who fail to satisfy the requirements of the competency determination may be eligible to receive an educational assistance plan designed within the confines of the foundation budget to impart the skills, competencies and knowledge required to attain the required level of mastery. The parent, guardian or person acting as parent of the student shall have the opportunity to review the remedial plan with the student’s teachers. Nothing in this section shall be construed to provide a parent, guardian, person acting as a parent or student with an entitlement to contest the proposed plan or with a cause of action for educational malpractice if the student fails to obtain a competency determination.

(ii) The "certificate of mastery" shall be based upon a determination that the recipient has demonstrated mastery of a comprehensive body of skills, competencies and knowledge comparable to that possessed by accomplished graduates of high school or equivalent programs in the most advanced education systems in the world. The criteria for a certificate of mastery may incorporate a number of factors which may include, but not be limited to, any of the following: high school graduation standards, superior performance on advanced placement tests administered by the educational testing service, and demonstrated excellence in areas not reflected by the state’s assessment instruments, such as artistic or literary achievement. Eligibility for potential receipt of a certificate of mastery shall extend to all secondary students residing in the commonwealth.

(iii) The "certificate of occupational proficiency" shall be awarded to students who successfully complete a comprehensive education and training program in a particular trade or professional skill area and shall reflect a determination that the recipient has demonstrated mastery of a core of skills, competencies and knowledge comparable to that possessed by students of equivalent age entering the particular trade or profession from the most educationally advanced education systems in the world. No student may receive said certificate of occupational proficiency without also having acquired a competency determination.

Nothing in this chapter shall prohibit a student from beginning a program of vocational education before achieving a determination of competency. Such vocational education may begin at grade nine, ten or eleven. No provision of law shall prohibit concurrent pursuit of a competency determination and vocational learning. There shall be no cause of action for a parent, guardian or student who fails to obtain a competency determination, a certificate of mastery or a certificate of occupational proficiency.

Subject to appropriation, the board shall establish a grant program which shall award grants to school districts for the costs associated with establishing advanced placement courses. The board shall promulgate regulations defining the standards of eligibility and other implementation guidelines.

Subject to appropriation, the board shall establish an advanced placement test fee grant program which shall award grants to school districts for the reimbursement of application fees for students based on financial need in order to assist students with paying the fee for advanced placement tests. The board shall promulgate regulations defining the standards of eligibility and other implementation guidelines for this program.

Section 1E. The board shall direct the commissioner to institute a process for drawing up curriculum frameworks for the core subjects covered by the academic standards provided in section 1D (one D). The curriculum frameworks shall present broad pedagogical approaches and strategies for assisting students in the development of the skills, competencies and knowledge called for by these standards. The process for drawing up and revising the frameworks shall be open and consultative, and may include but need not be limited to classroom teachers, parents, faculty of schools of education, and leading college and university figures in both subject matter disciplines and pedagogy.

In drawing up curriculum frameworks, those involved shall look to curriculum frameworks, model curricula, content standards, attainment targets, courses of study and instruction materials in existence or in the process of being developed in the United States and throughout the world, and shall actively explore collaborative development efforts with other projects, including but not limited to the national New Standards Project. The curriculum frameworks shall provide sufficient detail to guide and inform processes for the education, professional development, certification and evaluation of both active and aspiring teachers. They shall provide sufficient detail to guide the promulgation of student assessment instruments. They shall be constructed to guide and assist teachers, administrators, publishers, software developers and other interested parties in the development and selection of curricula, textbooks, technology and other instructional materials, and in the design of pedagogical approaches and techniques for early childhood programs and-elementary, secondary and vocational-technical schools. The board may review and recommend instructional materials which it judges to be compatible with the
curriculum frameworks.

Frameworks shall be designed to avoid perpetuating gender, cultural, ethnic or racial stereotypes. The frameworks shall reflect sensitivity to different learning styles and impediments to learning. The board shall develop procedures for updating, improving or refining said curriculum frameworks. A copy of said frameworks shall be submitted to the joint committee on education, arts and humanities at least sixty days prior to taking effect.

Section IF. The board shall set standards for vocational-technical education and programs for school-to-work transition. The board shall give particular emphasis for setting standards for the integration of academic and vocational education and to the progress in educating students for all aspects of a chosen industry.

The board shall assess progress in the areas of integration of academic and vocational education, and education for all aspects of an industry by assessing curriculum plans, staffing patterns, and other factors the board deems pertinent to said assessment.

The board shall, subject to appropriation, establish demonstration grants to develop alternative education program models. Said grants shall be awarded to public or public private entities in an effort to design programs for students who may be identified as having difficulty achieving a certificate of initial mastery, and which assist students in achieving said certificate or moving directly into the work force.

The board shall, subject to appropriation, establish a grant program to create job compacts for communities to coordinate summer and after school employment opportunities for students. Eligible districts shall demonstrate private sector participation in the compact which helps to provide work opportunities for students.

The board shall, with the assistance of the higher education coordinating council and subject to appropriation, establish grants for technology preparation programs. Said grants shall be available to all public secondary schools in the commonwealth and public institutions of higher education for the purposes of improving collaboration between secondary and post-secondary technology programs.

The board shall, with the assistance of the higher education coordinating council and subject to appropriation, establish four demonstration grants to consortia of vocational schools, comprehensive secondary schools, and community colleges to promote further collaboration between grades nine through twelve and higher education institutions.

Section 1G. The board shall establish the minimum length for a school day and the minimum number of days in the school year.

Section 1H. Notwithstanding any general or special law to the contrary, the department, in coordination with other state agencies, shall develop a comprehensive system, subject to appropriation, for the delivery of adult basic education and literacy services that will ensure opportunities leading to universal basic adult literacy and better employment opportunities. Said system shall be designed to strengthen, enhance, and where needed, to create intensive community based literacy programs for AFDC recipients and other unemployed and marginally employed adults who need a foundation of basic skills to qualify for further education, job training and employment. These trainees shall include parents of young children who need strong basic skills to move their families out of poverty and raise the educational aspirations of their children.

Said system shall also include instruction for immigrants, migrants, and refugees who need English language and literacy skills to function effectively at home and in the workplace. Instruction to the aforesaid populations will emphasize instruction at the lowest grade levels. Said system shall further include instruction for young persons, aged sixteen through twenty-four, who have dropped out of school without sufficient skills to qualify for employment. Instruction shall be designed with emphasis on linking education with vocational training and supported work.
The department shall distribute grants, subject to appropriation, to provide comprehensive literacy services, including support services, in the context of adults’ daily lives in their communities, including, but not limited to, public housing, schools, the work place, correctional
institutions, community-based organizations, community colleges, libraries, and in social and cultural organizations.

The department shall endeavor to develop the following objectives: (1) a full continuum of services that take an adult from the lowest level of literacy or English language proficiency through high school completion leading to advanced education and training; (2) a network of
self-trained, full-time adult literacy and English as a second language professional instructors, qualified to provide high quality effective services; (3) a strong documentation and evaluation capacity that will enable the state to determine what methods of instruction and what means of service delivery are most effective in educating adults: and (4) coordinated accountability mechanisms that simplify existing reporting and refunding processes.

Section 1I (one I). The board shall adopt a system for evaluating on an annual basis the performance of both public school districts and individual public schools. With respect to individual schools, the system shall include instruments designed to assess the extent to which schools and districts succeed in improving or fail to improve student performance, as defined by student acquisition of the skills, competencies and knowledge called for by the academic standards and embodied in the curriculum frameworks established by the board pursuant to sections one D and one E in the areas of mathematics, science and technology, history and social science, English, foreign languages and the arts, as well as by other gauges of student learning judged by the board to be relevant and meaningful to students, parents, teachers, administrators, and taxpayers.

The system shall be designed both to measure outcomes and results regarding student performance, and to improve the effectiveness of curriculum and instruction. In its design and application, the system shall strike a balance among considerations of accuracy, fairness, expense and administration. The system shall employ a variety of assessment instruments on either a comprehensive or statistically valid sampling basis. Such instruments shall be criterion referenced, assessing whether students are meeting the academic standards described in this chapter. As much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples, projects and portfolios, and shall facilitate authentic and direct gauges of student performance. Such instruments shall provide the means to compare student performance among the various school systems and communities in the commonwealth, and between students in other states and in other nations, especially those nations which compete with the commonwealth for employment and economic opportunities. The board shall take all appropriate action to bring about and continue the commonwealth’s participation in the assessment activities of the National Assessment of Educational Progress and in the development of standards and assessments by the New Standards Program.

In addition, comprehensive diagnostic assessment of individual students shall be conducted at least in the fourth, eighth and tenth grades. Said diagnostic assessments shall identify academic achievement levels of all students in order to inform teachers, parents, administrators and the students themselves, as to individual academic performance. The board shall develop procedures for updating, improving or refining the assessment system.

The assessment instruments shall be designed to avoid gender, cultural, ethnic or racial stereotypes and shall recognize sensitivity to different learning styles and impediments to learning. The system shall take into account on a nondiscriminatory basis the cultural and language diversity of students in the commonwealth and the particular circumstances of students with special needs. Said system shall comply with federal requirements for accommodating children with special needs. All potential English proficient students from language groups in which programs of transitional bilingual education are offered under chapter seventy-one A shall also be allowed opportunities for assessment of their performance in the language which best allows them to demonstrate educational achievement and mastery.

For the purposes of this section, a "potential English proficient student" shall be defined as a student who is not able to perform ordinary class work in English; provided, however, that no student shall be allowed to be tested in a language other than English for longer than three consecutive years.

The commissioner is authorized and directed to gather information, including the information specified herein and such other information as the board shall require, for the purposes of evaluating individual public schools, school districts, and the efficacy and equity of state and federal mandated programs. All information filed pursuant to this section shall be filed in the manner and form prescribed by the department.

Each school district shall maintain individual records on every student and employee. Each student record shall contain a unique and confidential identification number, basic demographic information, program and course information, and such other information as the department shall determine necessary. Said records shall conform to parameters established by the department.

Each school district shall file a report with the department every year by a date and in a format determined by the board. Said report shall include, but not be limited to, the following:
(a) an outline of the curriculum and graduation requirements of the district
(b) pupil/teacher ratios and class size policy and practice;
(c) teacher and administrator evaluation procedures:
(d) statistics, policies, and procedures relative to truancy and dropouts;
(e) statistics, policies, and procedures relative to expulsions and in school and out-of-school suspensions;
(f) percent of school-age children attending public schools;
(g) racial composition of teaching and administrative staff;
(h) enrollment and average daily attendance;
(i) the annual budgets and expenditures for both the district and the individual schools in the district.

Each school district shall file a description of the following instructional procedures and programs with the department every year:
(a) art and music programs;
(b) technology education;
(c) programs for gifted and talented students;
(d) adult education programs;
(e) library and media facilities;
(f) condition of instructional materials including textbooks, workbooks, audio-visual materials, and laboratory materials;
(g) types and condition of computers and computer software;
(h) basic skills remediation programs;
(i) drug, tobacco and alcohol abuse programs;
(i) technology education;
(j) multi-cultural education training for students and teachers; and
(k) global education.

Each school district shall furnish to the department in a timely manner such additional information as the department shall request. Each school district required to provide a program in transitional bilingual education pursuant to chapter seventy-one A shall file the following information with the department every year:
(a) the type or types of transitional bilingual education programs
provided;
(b) with regard to children of limited English speaking ability (i) the number enrolled in each type of transitional bilingual education program; (ii) the number enrolled in English as a second language courses who are not enrolled in a program in transitional bilingual education; (iii) the results of basic skills, curriculum assessment, achievement and language proficiency testing, whether administered in English or in the native language; (iv) the absentee, suspension, expulsion, dropout and promotion rates;
(c) the number of students each year who have enrolled in institutions of higher education and were formerly enrolled in a program in transitional bilingual education;
(d) the academic progress in regular education of students who have completed a program in transitional bilingual education;
(e) for each child of limited English speaking ability receiving special education, the number of years in the school district prior to special education evaluation and the movement in special education programs by program prototype;
(f) the number of limited English proficient students enrolled in programs of occupational/vocational education;
(g) the name, national origin, native language, certificates held, language proficiency, grade levels and subjects taught by each bilingual or English as a second language (ESL) teacher, bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors, and bilingual school psychologists;
(h) the per pupil expenditures for each full time equivalent (FTE) bilingual program student;
(i) the sources and amounts of all funds expended on bilingual program students, broken down by local, state and federal sources and whether any such funds expended supplanted, rather than supplemented, the local school district obligation; the participation of parents through parent advisory councils; and
(j) whether there were any complaints filed with any federal or state court or administrative agency, since the program’s inception, concerning the compliance with federal or state minimum legal requirements, the disposition of each such complaint, and the monitoring and evaluation of any such agreement or court order relative to such complaint.

Said information shall be filed in the form of the total for the school district as well as categorized by school, grade and language.

Section 1J. The board shall establish regulations defining when a school or school district has chronically failed to improve the educational program provided to students served by the school or district. Such regulations shall be consistent with the goals and standards adopted by the board and the basis for the determination of chronic failure shall include, but not be limited to, the evaluations performed pursuant to section 1I (one I). The regulations adopted by the board shall take into account the turnover of students in particular schools and districts.

Schools that have consistently failed to improve the academic performance of their students shall be deemed under-performing, in accordance with the board’s regulations. Upon determination that a school is under-performing, the commissioner shall immediately appoint an independent fact-finding team which shall forthwith assess the reasons for the under-performance and the prospects for improvement and report its findings to the commissioner and the district in which the school is located no later than ninety days from the date of its appointment. No more than six months after the determination that a school is under-performing, the district in which the school is located shall present to the board a remedial plan that shall set forth specific goals for improvement, specific means for attaining such goals, and a timetable, not to exceed twenty-four months, for carrying out the plan. The district shall implement said remedial plan, with such changes or amendments as the board shall direct. During the period of implementation, the commissioner shall provide to the school technical assistance for the improvement of the educational program provided to the students served therein.

If the school fails to demonstrate significant improvement as dictated by its remedial plan within twenty-four months after the approval of its remedial plan, the board may declare the school to be chronically under-performing. Upon a determination that a school is chronically under-performing, the following steps may be taken:
(1) The principal of the school shall be immediately removed and shall not be assigned to the school for the following school year unless the board finds that the principal did not play a significant role in the under performance of the school;
(2) The superintendent may designate a new principal for the school. Any principal of a chronically under-performing school shall have such extraordinary powers, including the power to dismiss, in accordance with paragraph (4), any teacher or other employee assigned to the school without regard to the procedures set forth under sections forty-one and forty-two of chapter seventy-one or the provisions of any collective bargaining agreement. Such dismissed teachers shall otherwise retain such rights as may be provided under law or any applicable collective bargaining agreement, except that they shall not have the right to displace any teacher in any other school;
(3) In order to recruit and retain talented personnel, the commissioner may make available funds, subject to appropriation, to permit the superintendent during the period of remediation to increase the salary of any principal or teacher assigned to the school by not more than one percent for every ten percent of the enrollment of the chronically under-performing school comprised of low-income students, as that term is used in chapter seventy;
(4) If the school does not receive funding from the district at least equal to the average per pupil funding received for students of the same classification and grade level in the district, the district shall provide additional funding sufficient to bring funding for that school to such level;
(5) Such other actions determined by the board of education, to be reasonably calculated to increase the number of students attending the school who satisfy the student performance standards.

A principal appointed to a chronically under-performing school may dismiss a teacher with professional teacher status for good cause, provided that the teacher has received five school days written notice of the decision to terminate. The teacher with professional teacher status may seek review of a termination decision within five school days after receiving notice of his termination by filing a petition for expedited arbitration with the commissioner. An arbitrator shall be selected according to the procedures set forth in section forty-two of chapter seventy-one. In reviewing dismissal decisions, the arbitrator shall consider the chronic under-performance of the school to the degree that such under-performance is not due to factors beyond the control of the teacher, and the arbitrator shall consider any report from the fact-finding team that evaluates the teacher’s performance. The arbitrator’s decision shall be issued within ten school days from
the completion of the hearing.

Section 1K. Upon a determination by the board pursuant to regulations adopted by the board that a school district has consistently failed to improve the performance of students attending school in the district, the commissioner shall appoint an independent fact-finding team to assess the reasons for the under-performance and the prospects for improvement. Upon review of the conclusions of the fact-finding team, the board may declare the district chronically under-performing. Following such a declaration, the board shall designate a receiver for the district with all the powers of the superintendent and school committee. The receiver shall report directly to the commissioner.

If a municipality has failed to fulfill its fiscal responsibilities to education under chapter seventy, the commissioner shall recommend to the board that the district be declared chronically under-performing. The municipality’s mayor or chairman of the board of selectmen shall have the opportunity to present evidence to the board. A vote by the board that a school district is chronically under-performing for fiscal reasons shall authorize the commissioner to petition the commissioner of revenue to require an increase in funds for the school district, alleging that the amount necessary in said community for the support of public schools has not been included in the annual budget appropriations. The commissioner of revenue shall determine the amount of any deficiency pursuant to the sums required under chapter seventy, if any, and issue an order compelling the community to provide a sum of money equal to such deficiency. If the community does not provide a sum of money equal to such deficiency, the commissioner of revenue, in accordance with his powers in section twenty-three of chapter fifty-nine, shall not approve the tax rate of the community for the fiscal year until the deficiency is alleviated.

This section shall not be construed to create a cause of action for educational malpractice by students or their parents, guardians or persons acting as parents.

At any time after the imposition under this section or section 1J (one J) of extraordinary measures at any school or of a receiver for any district, the school committee of the affected district, acting on the recommendation of the superintendent, may petition the commissioner for a determination whether such measures or receivership should be modified or eliminated and whether the school or school district is no longer chronically under-performing. A school district may seek review by the board of any adverse determination. The determination of the board shall be subject to judicial review in accordance with the provisions of section fourteen of chapter thirty A.

Section 1L. Subject to appropriation, the board shall establish a comprehensive interdisciplinary health education and human service discretionary grant program. Funds for this program may be appropriated from the Health Protection Fund established by section 2T (two T) of chapter twenty-nine. Comprehensive interdisciplinary health education and human service programs shall include, but not be limited to, planning and coordination activities, curriculum development, in-service training components for all school staff, in-service education, instruction,
school counseling services, health service delivery, promotion of knowledge of child development and appropriate care, effective parenting skills for parents and adolescents, and parent education services which will promote improved home based learning, the prevention of substance abuse, tobacco use, family violence, child abuse and neglect, teenage pregnancy and eating disorders, AIDS and suicide, and promote sound health practices including nutritional health and emotional development, improved school counseling services, early intervention services for high risk students, peer counseling and education, incentives for participation by students of both sexes, and increased coordination between schools, parents and existing community services, especially for those students most in need. As the primary educators of their children, parents shall play a substantial role in the design, development and implementation of programs and curriculum. Instruction in health education shall include, but shall not be limited to, consumer health, ecology, community health, body structure and function safety, nutrition, fitness and body dynamics, dental health, emotional and character development, promotion of self-esteem skills, AIDS/HIV prevention education in accordance with policies or regulations of the board, and training in the administration of first aid, including cardiopulmonary resuscitation.

The board shall solicit proposals for comprehensive interdisciplinary health education and human service programs for students in grades kindergarten through twelve, inclusive. Applications shall include evidence of a district-wide needs assessment and planning processes, program objectives and activities, anticipated results, and evaluation plan, and proposed linkages with community health and human service agencies and existing school programs. Proposals which describe linkages with other health and human service agencies and existing programs under chapter one hundred and eighty-eight of the acts of nineteen hundred and eighty-five which provide matching funds from local, federal and private sources shall be given priority. Each school committee shall appoint an advisory council consisting of parents, junior and senior high school students, teachers, school counseling professionals, health and home economic educators, health professionals, school administrators, and representatives of community or regional health or social service agencies and representatives of local religious organizations.

Funds may be granted to a school district to provide for program coordinators, in-service training and program materials. It shall not be the primary focus of programs to finance various school-based clinics.

If the board rejects a proposal of a school committee under this section, then the board shall provide the respective school committee with a written explanation for rejection. The written explanation for rejection shall state the reasons for the rejection and suggest recommendations for resubmission.

Programs and services provided by this program shall supplement, not supplant, programs and services provided under chapters seventy-one A, seventy-one B, and seventy-four. At least fifty percent of said funds shall be allocated to programs serving low-income sites, as determined by the board. No more than ten percent of said funds shall be allocated for state administration of the program.

Notwithstanding any general or special law to the contrary, any grant funds distributed under this program shall be deposited with the treasurer of the city, town or regional school district and held in a separate account and shall be expended by the school committee without further appropriation.

The board, through the department, shall administer the discretionary grant program, provide technical assistance to school districts, including information about model programs and agency services, provide for program review and evaluation, and, in consultation with the members of the state advisory council, develop program guidelines for coordinated service delivery and shall establish standards against which programs may be judged for efficiency and effectiveness.

SECTION 30. Section three of said chapter sixty-nine is herebyrepealed.

SECTION 31. Section thirty-five of said chapter sixty-nine is hereby repealed.

SECTION 32. The General Laws are hereby further amended by striking out chapter 70 and inserting in place thereof the following chapter:

Section 1. It is the intention of the general court, subject to appropriation, to assure fair and adequate minimum per student funding for public schools in the commonwealth by defining a foundation budget and a standard of local funding effort applicable to every city and town in the commonwealth.

Section 2. As used in this chapter and in chapters fifteen, sixty-nine and seventy-one, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Adjusted property valuation", the equalized property valuation of the municipality multiplied by the most recent average annual per capita income for the municipality, divided by the average annual per capita income for the commonwealth for the same period, as reported by the United States bureau of census.

"Assumed tuitioned-out special education enrollment", one percent of the total foundation enrollment in a district, not counting vocational or preschool enrollment.

"Assumed in-school special education enrollment", three and one-half percent of total foundation enrollment of a district not counting vocational or preschool enrollment, plus four and one-half percent of vocational enrollment.

"Base aid", in any fiscal year, the total of base aid, minimum aid and foundation aid of the previous fiscal year. In fiscal year nineteen hundred and ninety-four, base aid shall be state school aid in fiscal year nineteen hundred and ninety-three; provided, however, that the amount of aid deemed to have been distributed in fiscal year nineteen hundred and ninety-three pursuant to section sixteen D of chapter seventy-one shall be adjusted to equal the amount that would have been distributed in fiscal year nineteen hundred and ninety-four in accordance with paragraph (e) of section sixteen D of said chapter seventy-one but for the provisions of this chapter and paragraph (f) of said section sixteen D of said chapter seventy-one; and provided, further, that, in determining base aid in the current fiscal year, the base aid amount of the previous fiscal year shall be adjusted by adding any amount that will be deducted in the current fiscal year pursuant to the provisions of section twelve B of chapter seventy-six for students that applied and were accepted at receiving districts during the prior fiscal year; provided, however, that the students identified in subsection (m) of said section twelve B of said chapter seventy-six, shall be deemed to have left during fiscal year nineteen hundred and ninety-three.

"Base year foundation budget", the sum of foundation base year payroll, foundation non-salary base year expenses, the professional development allotment, expanded program allotment, extraordinary maintenance allotment, and book and equipment allotment. The base year foundation is the foundation budget for fiscal year nineteen hundred and ninety-three.

"Board", the board of education.

"Book and equipment allotment", the amounts allotted within a district’s foundation budget for books and equipment in any fiscal year. The book and equipment allotment shall be the sum of:
(a) one hundred and twenty-five dollars multiplied by the sum of the foundation kindergarten enrollment and the foundation preschool enrollment; plus
(b) two hundred and fifty dollars multiplied by the sum of the foundation elementary enrollment, the foundation bilingual enrollment and the foundation junior high/middle school enrollment; plus
(c) four hundred dollars multiplied by the foundation high school enrollment; plus
(d) seven hundred dollars multiplied by the foundation vocational enrollment; plus
(e) two hundred dollars multiplied by the assumed in-school special education enrollment.

"Commissioner", the commissioner of the department of education within the executive office of education.

"Department", the department of education within the executive office of education.

"District" or "School district", the school department of a city or town, and a regional school district.

"Enrollment categories", each student, including students enrolled in special education programs, and students attending a school in another district, pursuant to the provisions of section twelve B of chapter seventy-six, who resides in the district and who attends either a public school in that district or a school for which the district of residence pays tuition, shall be placed in one and only one of the following enrollment categories depending on the grade and program to which the student is assigned:

"Equalized property valuation", the annual equalized property valuation for a municipality as determined by the department of revenue pursuant to the provisions of sections nine, ten and ten C of chapter fifty-eight.

"Equity aid", aid amounts payable to municipalities in any fiscal year equal to the equity gap multiplied by the foundation aid percent.

"Equity gap", the positive difference, if any, between (1) the positive difference, if any, between the local contribution of the prior fiscal year and the gross standard of effort for that fiscal year
and (2) the positive difference, if any, between the prior year net school spending and the prior year foundation budget amount. The equity gap shall be defined separately for each municipality’s share of each district of which it is a member.

"Excess debt service amount", shall be the difference, if any, between (i) the municipality’s share of long-term debt service in support of school construction and (ii) the statewide average of local share of long-term debt service in support of school construction, on a per pupil basis, multiplied by the foundation number of pupils in the town. For regional school districts, the excess debt service amount shall be allocated amongst member municipalities according to the provisions of the regional school district agreement. The excess debt service amount for a municipality shall be the sum of the municipality’s share of excess debt service amounts for all of the regional districts of which it is a member.

"Expanded program allotment", the amount allotted within a foundation budget for providing expanded educational services for low-income students. The expanded program allotment shall be determined by multiplying the number of low-income elementary and middle school students in a district by the wage adjustment factor by three hundred and eighty dollars.
"Extraordinary maintenance allotment", the amount allotted within a district’s foundation budget for extraordinary maintenance costs in any fiscal year. The extraordinary maintenance allotment shall be two thousand, two hundred dollars multiplied by the sum of the foundation teaching staff and the foundation support staff.

"Foundation aid", aid amounts payable to municipalities in any fiscal year equal to the foundation gap multiplied by the statewide foundation aid percent.

"Foundation aid percent", the result of dividing (1) the difference between the amount appropriated for the implementation of this chapter and the sum of the total base aid and total minimum aid by (2) the sum of the statewide foundation gap, the state overburden obligation, and
the statewide equity gaps.

"Foundation assistants", the number of school assistants or aides allotted within a district’s foundation budget in any fiscal year. The number of foundation assistants shall be the sum of:
(a) six thousandths multiplied by the sum of the foundation kindergarten enrollment and the foundation pre-school enrollment: plus
(b) twelve thousandths multiplied by the sum of the foundation elementary enrollment and the foundation bilingual enrollment; plus
(c) two thousandths multiplied by the foundation junior high/middle school enrollment: plus
(d) eight ten-thousandths multiplied by the sum of the foundation high school enrollment and the foundation vocational enrollment; plus
(e) one hundred and twenty-five thousandths multiplied by the assumed in school special education enrollment.

"Foundation athletic expenses", the amount allotted within a district’s foundation budget for athletic expenses in any fiscal year. The foundation athletic expenses shall be the sum of:
(a) fifty dollars multiplied by the foundation junior high/middle school enrollment; plus
(b) two hundred dollars multiplied by the sum of the foundation high school enrollment and the foundation vocational enrollment.

"Foundation benefits", the amount allotted within a district’s foundation budget for the purchase of employee benefits and other insurance in any fiscal year. The foundation benefits shall be the sum of the following:
(a) four thousand three hundred and twenty dollars multiplied by the wage adjustment factor multiplied by the sum of the foundation teaching staff, the foundation support staff, the foundation assistants, the foundation principals, the foundation clerical staff, the foundation
health care staff, the foundation central office professional staff and the foundation custodial staff; plus
(b) four hundred and sixty dollars multiplied by the sum of the foundation teaching staff, the foundation support staff, the foundation assistants, the foundation principals, the foundation clerical staff, the foundation health care staff, the foundation central office professional staff and the foundation custodial staff; plus (c) two hundred and thirty dollars multiplied by the foundation
vocational staff.

"Foundation budget", the sum of the foundation payroll, foundation non salary expenses, professional development allotment, expanded program allotment, extraordinary maintenance allotment, and book and equipment allotment. The base year for calculating the foundation budget shall be fiscal year nineteen hundred and ninety-three. The base year foundation budget shall be calculated according to the formulas in this section using foundation enrollment as described in this section. For fiscal years thereafter, the foundation budget shall be the base
year foundation budget, as adjusted for enrollment and for inflation as set forth in section three of this chapter.

"Foundation central office professional staff", the number of professional staff allotted within a district’s foundation budget in any fiscal year for central office duties. The foundation central office professional staff shall be the sum of:
(a) two thousandths multiplied by the total foundation enrollment; plus
(b) fifteen thousandths multiplied by the sum of assumed in-school special education enrollment and assumed tuitioned-out special education enrollment: plus
(c) twenty-five hundred-thousandths multiplied by the foundation vocational enrollment.
"Foundation clerical staff", the number of staff allotted within a district’s foundation budget in any fiscal year for clerical duties. The foundation clerical staff shall be the sum of:
(a) two hundred and seventy-five hundred-thousandths multiplied by the sum of the foundation kindergarten enrollment and the foundation preschool enrollment; plus
(b) fifty-five ten-thousandths multiplied by the sum of the foundation elementary enrollment, the foundation bilingual enrollment, the foundation junior high/middle school enrollment, the foundation high school enrollment and the foundation vocational enrollment; plus
(c) two hundredths multiplied by the sum of the assumed in-school special education enrollment and the assumed tuitioned-out special education enrollment.

"Foundation custodial staff", the number of staff allotted within a district’s foundation budget in any fiscal year for custodial duties. The foundation custodial staff shall be one-tenth multiplied by the sum of the foundation teaching staff and the foundation support staff.
"Foundation enrollment", the student enrollment of a district in any fiscal year. The foundation enrollment is defined as the sum of foundation elementary, junior high, senior high, bilingual, and vocational enrollment plus one-half the sum of foundation preschool and kindergarten enrollment. By March first of each calendar year, the department shall certify the foundation enrollment for the next fiscal year as the actual enrollment as reported the previous October.
"Foundation extracurricular activity expenses", the amount allotted within a district’s foundation budget for extracurricular activity expenses in any fiscal year. The foundation extracurricular activity expenses shall be the sum of:
(a) twenty-five dollars multiplied by the sum of the foundation elementary enrollment and the foundation bilingual enrollment; plus
(b) thirty-five dollars multiplied by the foundation junior high/middle school enrollment; plus
(c) forty-five dollars multiplied by the sum of the foundation high school enrollment and the foundation vocational enrollment.

"Foundation gap", the positive difference, if any, between (i) the foundation budget in any fiscal year and (ii) the sum of base aid, school choice reimbursement as defined in section twelve B of chapter seventy-six, federal impact aid, and the larger of (1) the prior year local contribution or (2) the standard of effort for that fiscal year. The foundation gap shall be calculated separately for each municipality’s share of each district to which it belongs.

"Foundation health care staff", the number of staff allotted within a district’s foundation budget to perform health care related duties in any fiscal year. The foundation health care staff shall be the sum of:
(a) one thousandths multiplied by the sum of the foundation kindergarten enrollment and the foundation pre-school enrollment; plus
(b) two thousandths multiplied by the sum of the foundation elementary enrollment and the foundation bilingual enrollment; plus
(c) fifteen ten-thousandths multiplied by the sum of the foundation junior high/middle school enrollment, the foundation high school enrollment and the foundation vocational enrollment.

"Foundation miscellaneous expenses", the amount allotted within a district’s foundation budget for miscellaneous activity expenses in any fiscal year. The foundation miscellaneous activity expenses shall be the sum of:
(a) four hundred dollars multiplied by the assumed in-school special education enrollment; plus
(b) seventy-five dollars multiplied by the total foundation enrollment; plus
(c) eleven hundred dollars multiplied by the foundation clerical staff.

"Foundation non-salary expenses", the sum of foundation athletic expenses, foundation extracurricular activity expenses, foundation utility and ordinary maintenance expenses, foundation benefits, foundation special education tuition, and foundation miscellaneous expenses.

"Foundation payroll", the amount allotted within a district’s foundation budget for the teaching staff, support staff, assistants, principals, clerical staff, health care staff, central office professional staff, and custodial staff in any fiscal year. The foundation payroll shall be the wage
adjustment factor multiplied by the sum of:
(a) thirty-eight thousand dollars multiplied by the sum of the foundation teaching staff and the foundation support staff; plus
(b) nine thousand dollars multiplied by the foundation assistants; plus
(c) sixty-two thousand dollars multiplied by the sum of (i) foundation principals, and (ii) one and fifteen-hundredths multiplied by the foundation central office professional staff; plus
(d) eighteen thousand five hundred dollars multiplied by the foundation clerical staff; plus
(e) twenty-five thousand dollars multiplied by the foundation health care staff; plus
(f) twenty-five thousand dollars multiplied by the foundation custodial staff.

"Foundation principals", the number of principals allotted within a district’s foundation budget in any fiscal year. The foundation principals shall be the sum of:
(a) fifteen ten-thousandths multiplied by the sum of the foundation kindergarten enrollment and foundation pre-school enrollment; plus
(b) three thousandths multiplied by the sum of the foundation elementary enrollment and the foundation bilingual enrollment; plus
(c) thirty-five ten-thousandths multiplied by the foundation junior high/middle school enrollment; plus
(d) thirty-five ten-thousandths multiplied by the sum of the foundation high school enrollment and the foundation vocational enrollment.

"Foundation special education tuition", the amount allotted within a district’s foundation budget for special education tuition in any fiscal year. The value shall be the product of thirteen thousand five hundred dollars and the assumed tuitioned-out special education enrollment.

"Foundation support staff", the number of staff allotted within a district’s foundation budget for support duties in any fiscal year. The foundation support staff shall be the sum of:
(a) seven hundred and twenty-five hundred-thousandths multiplied by the sum of the foundation kindergarten enrollment and the foundation pre-school enrollment; plus
(b) one hundred and forty-five ten-thousandths multiplied by the sum of the foundation elementary enrollment and the foundation bilingual enrollment: plus
(c) twenty-five thousandths multiplied by the foundation junior high/middle school enrollment; plus
(d) forty-two ten-thousandths multiplied by the sum of the foundation high school enrollment and the foundation vocational enrollment; plus
(e) seventy-six thousandths multiplied by the assumed in-school special education enrollment.

"Foundation teaching staff", the number of staff allotted within a district’s foundation budget for teaching duties in any fiscal year. The foundation teaching staff, calculated using enrollments as defined in this section, shall be the sum of the following:
(a) the sum of the foundation kindergarten enrollment and the foundation preschool enrollment divided by forty-four; plus
(b) the foundation elementary enrollment divided by twenty-two; plus
(c) the foundation junior high/middle school enrollment divided by twenty-five; plus
(d) the foundation high school enrollment divided by seventeen; plus
(e) the foundation bilingual enrollment divided by fifteen; plus
(f) the foundation vocational enrollment divided by ten; plus
(g) the assumed in-school special education enrollment divided by eight: plus
(h) three hundredths multiplied by the average number of low-income students attending schools in the district over the preceding two fiscal years.

"Foundation utility and ordinary maintenance expenses", the amount allotted within a district’s foundation budget for utility and ordinary maintenance costs in any fiscal year. The foundation utility and ordinary maintenance expenses shall be three thousand three hundred dollars multiplied by the sum of:
(a) the sum of the foundation teaching staff and the foundation support staff; plus
(b) the foundation vocational enrollment divided by thirty.

"Foundation vocational staff", the number of teachers, support staff principals, clerical staff, health care staff and custodial staff assigned to a vocational school or program or an agricultural school allotted within a district’s foundation budget in any fiscal year.

"General revenue sharing aid", the amount of assistance from the commonwealth to be received by a city or town in a fiscal year from the following local aid programs: (1) payments in lieu of taxes for state-owned lands distributed pursuant to section seventeen of chapter fifty-eight, (2) equity aid as defined in this section, (3) the distribution to cities and towns of the balance of the State Lottery Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten, and (4) additional assistance, so-called, as distributed pursuant to section eighteen E of chapter fifty-eight.

"Gross overburden amounts", are as follows: for municipalities with an adjusted property valuation per pupil of equal to or less than ninety-five percent of the statewide average, the gross overburden amount shall be one hundred percent of the standard of effort gap. For municipalities with an adjusted property valuation per pupil greater than ninety-five percent of the state average but less than one hundred and twenty percent of the state average, the gross overburden amount
shall be the standard of effort gap multiplied by the positive difference between one and one-half and the ratio of the municipality’s adjusted property valuation per pupil to the amount of the state
average adjusted property valuation per pupil. For municipalities with an adjusted property valuation per pupil equal to or greater than one hundred and twenty percent of the state average, the gross overburden amount shall be zero.

"Gross standard of effort", for a municipality in fiscal year nineteen hundred and ninety-four shall be ninety-four ten-thousandths times the adjusted property valuation, calculated using the nineteen hundred and ninety-two equalized property valuations as published by the department of revenue. In subsequent fiscal years, the gross standard of effort shall be the gross standard of effort of the previous fiscal year, increased by a percentage equal to the municipal revenue growth factor.

"Local contribution", the net school spending of a municipality in any fiscal year minus the sum of state school aid and federal impact aid, less equity aid, for that fiscal year as projected by the
department of education: provided, however, in any city or town that deferred a portion of its teachers’ salaries in the fiscal year ending June thirtieth, nineteen hundred and ninety-three or that had its regional school assessment reduced as a result of a deferral of teachers’ salaries in a regional school district in said fiscal year, the local contribution for said fiscal year shall be reduced by the amount of such teachers salary deferral and reduced regional school assessment, if any. The department shall publish tables allotting each municipality’s local contribution in fiscal year nineteen hundred and ninety-three amongst the districts to which the municipality belongs.

"Low-income enrollment", the number of children attending school in a district regardless of residence or tuition-paying status, who are eligible for free or reduced cost lunches under eligibility guidelines promulgated by the federal government under 42 USC 1758. A low-income
child or student is a child who meets these eligibility standards. In determining the total number of low-income students, the department shall use the preceding year’s actual number of low-income elementary, middle school, high school, bilingual, and vocational students, and one-half the preceding year’s actual number of low income kindergarten and preschool students.

"Minimum aid", the amount of minimum state school aid available to a municipality in any fiscal year, which shall be fifty dollars multiplied by the district foundation enrollment in fiscal year nineteen hundred and ninety-four, and twenty-five dollars multiplied by the district foundation enrollment every year thereafter until fiscal year two thousand and one.

"Minimum required local contribution", the sum of (i) the preliminary local contribution, and (ii) the foundation aid percent multiplied by the standard of effort gap in any fiscal year; provided, however, that for the purpose of this calculation, for any district that does not have a positive foundation gap, the standard of effort gap shall be deemed to be zero. This sum shall be reduced by the overburden aid amount, if any, and the excess debt service amount, if any. The minimum required local contributions shall be calculated separately for each municipality’s share of each district to which the municipality belongs.

"Municipal revenue growth factor", the increase in local general revenues calculated by subtracting one from the quotient calculated by dividing the sum of (1) the maximum levy limit for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to one hundred and two and one-half percent plus the average of the percentage increases in the levy limit due to new growth over the last three available years as certified by the department of revenue, (2) the amount of general revenue sharing aid for the fiscal year, and (3) other recurring receipts not including user fees or other charges determined by the division of local services of the department of revenue to be associated with the provision of specific municipal services for the prior fiscal year by the sum of (1) the actual levy limit for the prior fiscal year, (2) the amount of general revenue sharing aid received for the prior fiscal year, and (3) other recurring receipts not including user fees or other charges determined by the division of local services of the department of revenue to be associated with the provision of specific municipal services, actually collected by the municipality for the fiscal year preceding the prior fiscal year; provided, however, that for the purposes of this calculation the levy limit shall exclude any amounts generated by overrides applicable to any year after fiscal year nineteen hundred and ninety-three; and provided, however, that in the absence of an actual levy limit for the prior fiscal year, the actual levy limit for the prior fiscal year shall be estimated by multiplying the actual levy limit of the fiscal year preceding the prior fiscal year by a factor equal to one hundred and two and one-half percent plus the average of the percentage increases in the levy limit due to new growth over the last three available years as certified by the department of revenue; provided, further that in the absence of an actual levy limit for the prior fiscal year, the maximum levy limit for the fiscal year shall be calculated by multiplying the estimated levy limit of the prior fiscal year by a factor equal to one hundred and two and one-half percent plus the average of the percentage increases in the levy limit due to new growth over the last three available years as certified by the department of revenue; provided, further, that said factor shall not be greater than the factor determined by subtracting one from the quotient calculated by dividing total state school aid for the current fiscal year by total state school aid for the prior fiscal year.

"Net school spending", the total amount spent for the support of public education, including teacher salary deferrals and tuition payments for children residing in the district who attend a school in another district or other approved facility, determined without regard to whether such amounts are regularly charged to school or non-school accounts by the municipality for accounting purposes; provided, however, that net school spending shall not include any spending for long term debt service, and shall not include spending for school lunches, or student transportation. Net school spending shall also not include tuition revenue or revenue from activity, admission, other charges or any other revenue attributable to public education. Such revenue will be made available to the school district which generated such revenue in addition to any financial resources made available by municipalities or state assistance. The department of
education, in consultation with the department of revenue shall promulgate regulations to ensure a uniform method of determining which municipal expenditures are appropriated for the support of public education and which revenues are attributable to public education in accordance with this section. The regulations shall include provisions for resolving disputes which may arise between municipal and school officials.

"Overburden aid", for each municipality is the gross overburden amount for that municipality multiplied by the foundation aid percent.

"Preliminary local contribution", for any municipality in which the local contribution in the prior fiscal year was less than the standard of effort, the local contribution of such prior year increased by a percentage equal to the municipal revenue growth factor. For any municipality in which the local contribution in the prior fiscal year was not less than the standard of effort, the preliminary local contribution shall be the standard of effort amount; provided, however, that for any district with a positive foundation gap, the preliminary local contribution shall not be less than the fiscal year nineteen hundred and ninety-three local contribution, except that said contribution may be reduced proportionately to any decrease in the total municipal budget.

"Professional development allotment", the amount allotted within a district’s foundation budget for professional development in any fiscal year. The professional development allotment in any year shall be three percent multiplied by the amount allotted in that year in a district’s foundation budget for foundation teaching staff payroll and the foundation support staff payroll.

"Standard of effort", for any year shall be the gross standard of effort for that year. The standard of effort for any municipality shall be allotted amongst the districts to which a municipality belongs according to each district’s share of the total foundation budget for students from that municipality.

"Standard of effort gap", the positive difference in any fiscal year between the standard of effort in that fiscal year and the preliminary local contribution in that fiscal year. The standard of effort gap for a municipality shall be allocated amongst the districts to which a municipality belongs. If there is not positive difference, the standard of effort gap shall be zero.

"State overburden obligation", the sum of the gross overburden amounts for all municipalities.

"State school aid", all amounts appropriated by the commonwealth under this chapter, chapter seventy-one, and chapter seventy-four, all equal educational opportunity grants, and all per pupil grants included as part of state aid for fiscal year nineteen hundred and ninety-three except as provided in this chapter. It shall not include any state funding for transportation, for school building construction, for the METCO program or for other categorical grants such as school-to-work transitional grants. The department shall publish tables allotting each municipality’s state school aid in fiscal year nineteen hundred and ninety-three amongst the school districts to which the municipality belongs. For municipalities where all students attend regional districts all state school aid shall be allocated amongst the regional districts. The aid received on behalf of students tuitioned out to other districts shall be allotted to the municipality or district paying tuition.

"Total foundation staff", the sum of the foundation teaching staff, foundation support staff, foundation assistants, foundation principals, foundation clerical staff, foundation health care staff, foundation central office professional staff, and foundation custodial staff provided that no employee shall be counted as more than one full time equivalent.

"Wage adjustment factor", an adjusted difference between the average annual wage for all jobs in the labor market area in which a municipality is located and the average annual wage in the
commonwealth. Average annual wage figures shall be published annually by the division of employment and training. The wage adjustment factor shall be the sum of one plus a fraction, the numerator of which shall be the product of one-third and the difference resulting from subtracting the average annual wage in the commonwealth from the average annual wage of the community; and the denominator of which shall be the average annual wage in the commonwealth. For the purposes of this section, the average annual wage of the community shall be the sum of:
(a) eight-tenths multiplied by the average annual wage for all jobs in the labor market area in which the municipality is located; plus
(b) two-tenths multiplied by the average annual wage of the municipality: provided, however, that in any community in which the percent of total foundation enrollment represented by the low-income enrollment is greater than the total percent of low-income students in the state, the wage adjustment factor shall not be less than one.

Section 3. For the school district in each municipality, for each regional school district, and for each independent vocational school in the commonwealth, there is hereby established a foundation budget. The board of education is authorized to adopt regulations furnishing interpretive guidelines for the determination of foundation budgets.

Said regulations shall be filed with the house and senate committees on ways and means not less than thirty days before said regulations become effective.

Following fiscal year nineteen hundred and ninety-four, the foundation budget shall be calculated using foundation enrollments for the respective fiscal years as estimated by the department according to the procedures outlined in section two. The monetary factors used in calculating the foundation budget in these years shall be the monetary factors employed in section two to define the foundation payroll, foundation non-salary expenses, and the professional development allotment, expanded program allotment, extraordinary maintenance allotment, book and equipment allotment, multiplied by the ratio of the implicit price deflator for state and local government services as published by the United States department of commerce for the third quarter of the prior calendar year to the same deflator for the third quarter of nineteen hundred and ninety-two. For any fiscal year, the adjusted amounts shall not exceed those in the immediately preceding fiscal year by more than four and one-half percent.

Section 4. Not later than July first, nineteen hundred and ninety-four, and every three years thereafter, the governor shall appoint a foundation budget review commission to review the way in which foundation budgets are calculated and to make recommendations to the general court regarding such changes in the formula as may be appropriate. The commission shall consist of fifteen members and shall be broadly representative of the racial and ethnic diversity of the commonwealth. Members shall receive no compensation for their services but may receive reimbursement for their reasonable expenses incurred in carrying out their responsibilities as members of the commission. The department shall furnish reasonable staff and other support for the work o£ the commission.

It shall not constitute a violation of chapter two hundred and sixty-eight A for any person employed by a school district in the commonwealth to serve on this commission or to participate in the commission deliberations that will or may have a financial impact on the district employing such person or on the rate at which such a person may be compensated. The commission may establish procedures to ensure that such persons not participate in commission deliberations
that may either directly affect the school districts employing such persons or directly affect the rate at which such persons are compensated.

The commission’s recommendations shall be filed with the clerks of the senate and house of representatives, who, with the approval of the president of the senate and the speaker of the house of representatives, shall refer such recommendations to appropriate committees of the general court. Within thirty days after such filing, the said committee shall hold a public hearing on the recommendations.

Section 5. Beginning in fiscal year nineteen hundred and ninety-four and for every fiscal year thereafter, the following shall apply to any municipality receiving overburden aid: the overburden aid amount for said municipality shall be reduced by an amount equal to seventy-five percent of any increase over the prior year in its lottery and additional assistance local aid.

Section 6. In addition to amounts appropriated for long-term debt service, school lunches, adult education, student transportation, and tuition revenue, each municipality in the commonwealth shall annually appropriate for the support of public schools in the municipality and in any regional school district to which the municipality belongs an amount equal to not less than the sum of the minimum required local contribution, federal impact aid, and all state school aid and grants for education but not including equity aid, for the fiscal year. Based on the amounts specified in section twelve, the allotments described in section thirteen, and the definitions and other provisions in this chapter, the commissioner shall estimate and report such amounts to each municipality and regional school district as early as possible, but no later than March first for the following fiscal year. The commissioner shall file with the house and senate committees on ways and means, not less than thirty days before said reports are transmitted to each municipality and regional school district, copies or a document reporting all of the information contained in said reports. Notwithstanding the terms of any regional school district agreements to the contrary, no new regional school district shall be required to submit a budget to its member municipalities before receiving the estimate by the commissioner concerning the amount of state school aid payable through the member municipalities to the regional school district for the following fiscal year. Notwithstanding the provisions of any regional school district agreement, each member municipality shall increase its contribution to the regional district each fiscal year by the amount indicated in that district’s share of the municipality’s minimum regional contribution in that fiscal year. The district shall appropriate the sum of the minimum regional contributions of its member districts as well as all state school aid received on behalf of member municipalities. The district may choose to spend additional amounts; such decisions shall be made and such amounts charged to members according to the district’s required agreement.

Section 7. If there is appropriated in any fiscal year a sum smaller than the amount of state school aid specified in section twelve, any school appropriations based on the commissioner’s estimate shall be reduced without further action by the school committee, town meeting, or city council by an amount equal to the value that state school aid and minimum required local contribution for the district are below the amount estimated by the commissioner unless the district or the member municipalities take specific actions to the contrary. For the purposes of this section the amount of state school aid appropriated to a city or town shall be the amount appropriated by the annual appropriation act without regard to any deductions pursuant to subsection (f) of section twelve B of chapter seventy-six.

Section 8. Except as required by General Law, each school district may determine how to allocate any funds appropriated for the support of public schools without regard to the categories employed in calculating the foundation budget.

Section 9. School districts shall report each fiscal year to the commissioner of education on the amounts spent for extraordinary maintenance, extended programming, professional development, and books and instructional equipment. To the extent that the amounts spent for these purposes fall short of the allotments defined in this chapter, the superintendent shall explain the reasons for the shortfall.

School districts shall report each fiscal year to the commissioner of education on the amounts spent for administrative expenses. To the extent that the amounts spent for these purposes exceed the allotments defined in this chapter, the superintendent shall explain the reasons for the additional costs.

Section 10. Subject to appropriation, the amount of state aid to be paid to each municipality in each fiscal year under this chapter shall be the sum of the base aid, the overburden aid, minimum aid, foundation aid and equity aid to which the municipality may be entitled under the provisions of this chapter. The amount of aid paid to each district shall be identified separately for each municipality that is a member of the district.

Section 11. If in any fiscal year a district’s actual expenditures for public education is less than the amount required to be appropriated for public education pursuant to this chapter, the difference, up to five percent of the amount required to be appropriated, shall be spent in the following fiscal year without affecting the amount of state school aid payable the following fiscal year; provided, however, that the amount required to be appropriated for public education in said following year shall be increased by said difference, up to five percent; provided, further, that the amount of state school aid for the following fiscal year shall be reduced by the amount said difference exceeds five percent of the amount required to be appropriated; provided, further, that in any year in which additional money is required to be appropriated pursuant to this section due to a spending deficiency in the prior year, if a district’s actual expenditure for public education is less than the amount required to be appropriated, state school aid in the following year shall be reduced by the entire difference between said amounts. The board shall promulgate regulations to enforce the provisions of this section.

Section 12. (a) Subject to appropriation, beginning in fiscal year nineteen hundred and ninety-four and for all subsequent fiscal years, the amounts appropriated for state school aid in any given year shall be equal to the sum of the adjusted prior year amount and the education improvement amount.

(b) The adjusted prior year amount for state school aid shall be the amount of state aid appropriated in the previous fiscal year, multiplied by an annual adjustment factor equal to the ratio of (i) the implicit price deflator for state government services as published by the United States department of commerce for the third quarter of the prior year to (ii) the same deflator one year earlier; provided, however, that the annual adjustment factor utilized in fiscal year nineteen hundred and ninety-four shall be equal to one. In no case shall the annual adjustment factor exceed one hundred and four percent.

(c) The education improvement amount shall be an amount of additional state school aid as hereinafter described for the fiscal years nineteen hundred and ninety-four to two thousand, inclusive: in fiscal year nineteen hundred and ninety-four, an additional one hundred and forty million dollars; in fiscal year nineteen hundred and ninety-five, an additional one hundred and fifty million dollars; in fiscal year nineteen hundred and ninety-six, an additional one hundred
and fifty million dollars; in fiscal year nineteen hundred and ninety-seven, an additional one hundred and fifty million dollars; in fiscal year nineteen hundred and ninety-eight, an additional one hundred and fifty million dollars; in fiscal year nineteen hundred and ninety-nine, an additional one hundred and eighty million dollars; and in fiscal year two thousand, an additional one hundred and eighty million dollars. The dollar amounts specified in this subsection shall be adjusted for inflation by multiplying the amounts for fiscal year nineteen hundred and ninety-five and subsequent years by the ratio of the value of the implicit price deflator for state government services in the third quarter of the prior calendar year to the value of that same deflator in the third quarter of nineteen hundred and ninety-three. In no case shall this adjustment factor be greater than what would be derived by a four percent annual adjustment compounded on a yearly basis.

Section 13. (a) The funds appropriated for state school aid shall be allocated among municipalities as set forth in this chapter. If said amount appropriated is less than the total base aid amount, each municipality’s allotment of base aid shall be reduced by a constant amount per student that shall be determined by dividing the difference between the total base amount and said appropriation amount by the total foundation enrollment in the state.

(b) If the amount appropriated is more than the base amount, funds shall first be allocated to ensure that state school aid for each municipality equals the base aid amount.

(c) Any additional funds shall be allocated to cover minimum aid. If the amount appropriated for state school aid is insufficient to permit full funding of the base aid and minimum aid, funds in excess of the amount needed to fund base aid shall be allocated on a proportional basis reflecting the ratio of a particular municipality’s minimum aid to the sum of minimum aid amounts of all municipalities for that fiscal year.

(d) All remaining funds shall be allocated to cover foundation aid, equity aid, and overburden aid.

(e) The allocation to each municipality that received foundation aid of more than the minimum aid amount above the base amount shall be reduced by an amount that is the lesser of (1) the minimum aid amount and (2) the positive difference, if any, between its foundation aid and minimum aid. The funds available from this reduction shall be allocated to all municipalities such that each one receives the same proportion of this aid as was received in paragraph (d). These increments shall be considered part of foundation aid, equity aid, and overburden aid.

Section 14. For any district in which fewer than twenty percent of the students scored below the state average on the assessment tests required by chapter sixty-nine, the city or town, or all cities and towns comprising a regional school district, may exempt the district from the provisions of this chapter by accepting this section in the manner prescribed by section four of chapter four. Any district so exempted shall continue to receive fiscal year nineteen hundred and ninety-three base aid, but shall not receive any additional state aid and shall not be required to meet the local obligation requirements of this chapter.

If, in any future year, a district so exempted fails to meet the assessment standards described above, or for any other reason is not exempt from this chapter, it shall, in that and future years, be subject to the same obligations and entitled to the same aid under this chapter in each year as districts that were never so exempted.

Section 15. This chapter shall apply to all cities, towns, and regional school districts, notwithstanding section twenty-seven C