SCHOOL FUNDS AND STATE AID FOR PUBLIC SCHOOLS

M.G.L. pt. Part I, tit. Title XII, ch. c. 70

in effect

M.G.L. c. 70, § 1 Legislative intent

c. 70, § 1. Legislative intent 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.

M.G.L. c. 70, § 2 Definitions

c. 70, § 2. Definitions Section 2. (a) As used in this chapter and in chapters 15, 69 and 71, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Assumed in-school special education enrollment'', 4 per cent of the total foundation enrollment in a district, not including vocational or preschool enrollment, plus 5 per cent of vocational school enrollment. ''Assumed tuitioned-out special education enrollment'', 1 per cent of the total foundation enrollment in a district, not including vocational or preschool enrollment. ''Base aid'', in a fiscal year, the amount of chapter 70 school aid provided to the district in the prior fiscal year. ''Board'', the board of elementary and secondary education. ''Chapter 70 school aid'', for each district, the greater of: (i) foundation aid; or (ii) the sum of base aid and minimum aid; provided, however, that no nonoperating district shall receive chapter 70 school aid in an amount greater than its foundation budget. ''Combined effort yield'', the sum of: (i) a municipality's equalized property valuation multiplied by the uniform property percentage; and (ii) its municipal income multiplied by the uniform income percentage. ''Commissioner'', the commissioner of elementary and secondary education. ''Department'', the department of elementary and secondary education. ''District'' or ''School district'', the school department of a city or town, a regional school district, an independent vocational school or a vocational school or agricultural school operated by a county. ''Effort reduction percentage'', the percentage of excess effort to be reduced in a given fiscal year, as specified annually in the general appropriations act, and applied to each municipality with excess effort in the calculation of the required local contribution. ''English learner'', as defined in section 2 of chapter 71A; provided, however, that for the purpose of determining a district's foundation budget, a district's English learner enrollment shall include the number of English learner students attending school in a district regardless of residence or tuition-paying status plus the number of English learner students that the district is sending to charter schools. ''Equalized property valuation'', the most recent equalized property valuation for a municipality as determined by the department of revenue pursuant to sections 9, 10 and 10C of chapter 58. ''Excess effort'', a municipality's preliminary local contribution minus its target local contribution; provided, however, that ''excess effort'' shall not be less than 0. ''Foundation aid'', for each district, the difference between the district's foundation budget and the required local contribution. ''Foundation allotments'', the sum of the foundation category costs for each district; provided, however, that the sum in each foundation category shall be the product of enrollment in each foundation enrollment category that is eligible for the respective foundation category and the per-pupil rate assigned to each foundation category; provided further, that in each year the per-pupil rate for each foundation category, except employee benefits and fixed charges, shall not be less than the prior year's foundation per-pupil rate adjusted by the foundation inflation index; and provided further, that in each year the rate for employee benefits and fixed charges shall not be less than the prior year's rate adjusted by the foundation employee benefits inflation rate. ''Foundation budget'', the sum of the foundation allotments for the following foundation categories: (i) administration; (ii) instructional leadership; (iii) classroom and specialist teachers; (iv) other teaching services; (v) professional development; (vi) instructional materials, equipment and technology; (vii) guidance and psychological services; (viii) pupil services; (ix) operations and maintenance; (x) employee benefits and fixed charges; and (xi) special education tuition. ''Foundation employee benefits inflation rate'', the average annual rate of growth of the average premium of all group insurance commission plans over the 3 prior fiscal years as calculated by the group insurance commission. ''Foundation enrollment'', in a fiscal year, the number of students on October 1 for whom the district is financially responsible, including students attending programs outside of the district for whom the district is required to pay tuition; provided, however, that each student shall be assigned to 1 of the following categories: (i) preschool; (ii) kindergarten, half-time: (iii) kindergarten, full-time; (iv) elementary school; (v) junior high school or middle school; (vi) high school; or (vii) vocational school. ''Foundation increments'', the additional resources provided for the education of students designated as English learners or low-income; provided, however, that the increments shall be constituted by the product of a district's foundation enrollment deemed eligible for such increments and the amounts assigned for each foundation category; provided further, that for low-income students the amount of the foundation increment shall be determined by the low-income group into which each district is assigned; provided further, that districts shall be assigned low-income groups based on the share of low-income students in the district; and provided further, that the share of low-income students in the district shall be the quotient of: (i) the district's low-income enrollment as calculated under this section; and (ii) the sum of the number of students attending school in a district, regardless of residence and tuition paying status, and the number of students that the district is sending to charter schools. ''Foundation inflation index'', the lesser of: (i) the ratio of the value of the implicit price deflator for state and local government purchases in the third quarter of the prior fiscal year to its value in the third quarter of the fiscal year 2 years prior; and (ii) 1.045. ''General revenue sharing aid'', the amount of assistance from the commonwealth to a city or town in a fiscal year from: (i) payments in lieu of taxes for state-owned land; and (ii) amounts appropriated in items 1233-2350 and 1233-2400 in the annual general appropriations act. ''Low-income'', a designation for those students whose family's income is not more than 185 per cent of the federal poverty guidelines used to determine financial eligibility for certain federal programs; provided, however, that if a consistent and accurate method for determining the income eligibility of all students is not available for all districts, the department shall develop a method to estimate the share of low-income students in each district; provided further, that the department shall submit a report to the clerks of the house of representatives and the senate, the chairs of the joint committee on education and the chairs of the house and senate committees on ways and means on any estimation method not later than November 1 prior to the implementation of any new estimation method in the following fiscal year; and provided further, that for the purpose of determining a district's foundation budget, a district's low-income enrollment shall include the number of low-income students attending school in a district regardless of residence or tuition-paying status plus the number of low-income students that the district is sending to charter schools. ''Minimum aid'', the greater of: (i) a district's minimum aid adjustment less its base aid; and (ii) a district's foundation enrollment multiplied by a per-pupil dollar amount specified annually in the general appropriations act, but which shall not be less than $30, which shall be the minimum aid increment above base aid. ''Minimum aid adjustment'', in each fiscal year, the sum of: (i) the greater of a district's foundation aid or base aid calculated using the base and incremental rates set forth in section 3 of chapter 41 of the acts of 2019 using the foundation inflation index as defined in section 2 of chapter 70; and (ii) a district's foundation enrollment multiplied by $30. ''Municipal income'', the most recent aggregate personal income for a municipality as determined by the department of revenue. ''Municipal revenue growth factor'', the change in local general revenues calculated by subtracting 1 from the quotient calculated by dividing the sum of: (i) the maximum levy for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to 102.5 per cent plus the average of the percentage increases in the levy limit due to new growth adjustments over the last 3 available years as certified by the department of revenue or as otherwise estimated by the division of local services within the department of revenue where it appears that a municipality may not be entitled to increase its minimum levy limit by 2.5 per cent; provided, however, that if the highest percentage during such 3-year period exceeds the average of the other 2 years' percentages by more than 2 percentage points, then the lowest 3 of the last 4 years shall be used for such calculation; (ii) the amount of general revenue-sharing aid for the fiscal year; and (iii) other budgeted recurring receipts, not including user fees or other charges determined by the division of local services to be associated with the provision of specific municipal services for the prior fiscal year, by the sum of: (A) the actual levy limit for the prior fiscal year; (B) the amount of general revenue-sharing aid received for the prior fiscal year; and (C) other recurring receipts, not including user fees or other charges determined by the division of local services to be associated with the provision of specific municipal services budgeted by the municipality for the fiscal year preceding the prior fiscal year, if any; provided further, that for the purposes of this calculation, the levy limit shall exclude any amounts generated by overrides applicable to any year after the fiscal year ending June 30, 1993; provided further, 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 102.5 per cent plus the average of the percentage increases in the levy limit due to new growth as specified above; provided further, that such factor shall not be greater than the factor determined by subtracting 1 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; and provided further, that in making any calculations required by this definition, the division of local services may substitute more current information or such other information as would produce a more accurate estimate of the change in a municipality's general local revenues and the department shall use such growth factor to calculate preliminary contribution, minimum contribution and any other factor that directly or indirectly uses the municipal growth factor. ''Net school spending'', the total amount spent for the support of public education, including tuition payments for children residing in the district who attend a school in another district or other approved facility, including a charter school, determined without regard to whether such amounts are regularly charged to school or nonschool accounts by the municipality for accounting purposes; provided, however, that ''net school spending'' shall not include any spending for school construction, long-term debt service, school meals, transportation of students to and from their homes or adult and community learning programs; provided further, that ''net school spending'' shall not include expenditures from grants, other state aid programs, tuition revenue or revenue from activities, admissions and other charges or any other revenue attributable to public education; provided further, that such revenue shall be made available to the school district that generated the revenue in addition to any financial resources made available by municipalities or from state assistance; provided further, that the department, 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 chapter; and provided further, that the regulations shall include provisions for resolving disputes that may arise between municipal and school officials. ''Preliminary local contribution'', the product of: (i) a municipality's required local contribution for the prior fiscal year; and (ii) the sum of the municipality's municipal revenue growth factor and 1. ''Required local contribution'', a municipality's preliminary local contribution; provided, however, that if the preliminary local contribution is greater than the target local contribution, then the preliminary local contribution shall be reduced by the product of its excess effort and the effort reduction percentage; provided further, that if the preliminary local contribution as a percentage of the foundation budget is between 2.5 and 7.5 percentage points below the target local share, then the preliminary local contribution shall be increased by 1 per cent; provided further, that if the preliminary local contribution as a percentage of the foundation budget is more than 7.5 percentage points below the target local share, then the preliminary local contribution shall be increased by 2 per cent; provided further, that in a municipality with a combined effort yield equal to or greater than 175 per cent of its foundation budget, the required local contribution shall not be less than 82.5 per cent of the municipality's foundation budget; and provided further, that the commissioner shall allocate each municipality's required local contribution among the districts to which the municipality belongs and such allocation shall be in proportion to each district's share of the municipality's foundation budget. ''Required net school spending'', the sum of a district's chapter 70 school aid and its required local contribution. ''Target local contribution'', the lesser of: (i) a municipality's combined effort yield; or (ii) 82.5 per cent of its total foundation budget. ''Target local share'', the percentage of each municipality's foundation budget represented by its target local contribution. ''Total state target local contribution'', the per cent of the total state foundation budget which is to be funded through required local contributions, provided that the per cent shall be specified annually in the general appropriations act but shall not exceed 59 per cent. ''Uniform income percentage'', a factor calculated annually by the commissioner so that the total statewide municipal income multiplied by the uniform income percentage is equal to half of the total state target local contribution. ''Uniform property percentage'', a factor calculated annually by the commissioner so that the total state equalized property valuation multiplied by the uniform property percentage is equal to half of the total state target local contribution. ''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; provided, however, that average annual wage figures shall be published annually by the division of employment and training; provided further, that the wage adjustment factor shall be the sum of: (i) 1; and (ii) a fraction, the numerator of which shall be the product of: (A) 1/3 and the difference resulting from subtracting the average annual wage in the commonwealth from the average annual wage of the community; and (B) the denominator of which shall be the average annual wage in the commonwealth; provided further, that the average annual wage of the community shall be the sum of: (a) 0.8 multiplied by the average annual wage for all jobs in the labor market area in which the municipality is located; and (b) 0.2 multiplied by the average annual wage of the municipality; and provided further, that the ''wage adjustment factor'' shall not be less than 1. (b) The board shall promulgate regulations as needed to implement this section. The board shall submit any regulations to the house and senate committees on ways and means and the joint committee on education not less than 60 days before adoption. The joint committee on education shall review and may comment on these regulations during that time period.

M.G.L. c. 70, § 3 Foundation budget; regulations; calculation of budget

c. 70, § 3. Foundation budget; regulations; calculation of budget Section 3. (a) There shall be a foundation budget for the school district in each municipality, regional school district, independent vocational school and vocational school and agricultural school operated by a county. The foundation budget shall be calculated based on each district's foundation enrollment for the prior fiscal year. Foundation budgets shall be based on the per pupil amounts in table 1 and the foundation increment amounts in table 2; provided, however, that the special education in-school and special education tuitioned-out enrollments shall be assumed enrollments. Beginning in fiscal year 2021 and in each year thereafter, the employee benefits and fixed charges allotments shall be adjusted by the foundation employee benefits inflation rate and all other foundation allotments and foundation increments shall be adjusted by the foundation inflation index. Each district's wage adjustment factor shall be applied to all of the foundation allotments except the allotments for instructional materials, equipment and technology, employee benefits and fixed charges and special education tuition. For each student identified as being low-income or an English learner, the increments in the following table shall be added to each foundation allotment. (b) The board shall promulgate regulations as needed to implement this section. The board shall submit any regulations to the senate and house committees on ways and means and the joint committee on education not less than 60 days before adoption. The joint committee on education shall review and may comment on these regulations during that time period.

M.G.L. c. 70, § 3A Data necessary to generate required minimum local contribution and state aid components; house and senate committees on ways and means

c. 70, § 3A. Data necessary to generate required minimum local contribution and state aid components; house and senate committees on ways and means Section 3A. The secretary of administration and finance in cooperation with the commissioner of revenue and the commissioner of education shall make available to the house and senate committees on ways and means, in an electronically compatible format the criteria, components, equations, and underlying data necessary to generate the required minimum local contribution and each component of state aid authorized for distribution to municipalities and school districts pursuant to this chapter.

M.G.L. c. 70, § 4 Foundation budget review commission; membership; recommendations

c. 70, § 4. Foundation budget review commission; membership; recommendations Section 4. Upon action of the general court, there shall be a foundation budget review commission to review the way foundation budgets are calculated and to make recommendations for potential changes in those calculations as the commission deems appropriate; provided, however, that the commission shall be established not less than every 10 years. In conducting such review, the commission shall seek to determine the educational programs and services necessary to achieve the commonwealth's educational goals and to prepare students to achieve passing scores on the Massachusetts Comprehensive Assessment System examinations. The review shall include, but not be limited to, those components of the foundation budget created pursuant to section 3 of chapter 70 and subsequent changes made to the foundation budget by law. In addition, the commission shall seek to determine and recommend measures to promote the adoption of ways in which resources can be most effectively utilized and consider various models of efficient and effective resource allocation. In carrying out the review, the commissioner of elementary and secondary education shall provide to the commission any data and information the commissioner considers relevant to the commission's charge. The commission shall include the house and senate chairs of the joint committee on education, who shall serve as co-chairs, the secretary of education, the commissioner of elementary and secondary education, the commissioner of early education and care, the speaker of the house of representatives or a designee, the president of the senate or a designee, the minority leader of the house of representatives or a designee, the minority leader of the senate or a designee, the governor or a designee, the chair of the house committee on ways and means or a designee, the chair of the senate committee on ways and means or a designee and 1 member to be appointed by each of the following organizations: the Massachusetts Municipal Association, Inc., the Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the Massachusetts Association of Vocational Administrators, Inc., the Massachusetts Association of Regional Schools, Inc. and the Massachusetts Association of School Business Officials. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of elementary and secondary education shall furnish reasonable staff and other support for the work of the commission. Prior to issuing its recommendations, the commission shall conduct not fewer than 4 public hearings across regions of the commonwealth. It shall not constitute a violation of chapter 268A for a person employed by a school district to serve on the commission or to participate in commission deliberations that may have a financial impact on the district employing that person or on the rate at which that person may be compensated. The commission may establish procedures to ensure that no such person participates in commission deliberations that may directly affect the school districts employing those persons or that may directly affect the rate at which those persons are compensated.

M.G.L. c. 70, § 6 Contributions by municipalities for support of local schools and school district

c. 70, § 6. Contributions by municipalities for support of local schools and school district Section 6. In addition to the amounts appropriated for long-term debt service, school meals, adult education, student transportation and tuition revenue, each municipality shall annually appropriate for the support of public schools in the municipality in an amount not less than the net school spending requirement. Each municipality shall also appropriate not less than its minimum required local contribution for each regional school district to which the municipality belongs. The commissioner shall estimate and report such amounts to each municipality and regional school district as early as possible, but not later than March 1, for the following fiscal year and shall revise such estimates within 30 days following the enactment of the general appropriations act. Notwithstanding the terms of any regional school district agreements to the contrary, no regional school district shall be required to submit a budget to its members before receiving the commissioner's initial estimate. Each regional school district budget shall provide for not less than the net school spending requirement. The district may choose to spend additional amounts; provided, however, that such decisions shall be made and such amounts charged to members according to the district's regional agreement.

M.G.L. c. 70, § 6A Recalculation of annual minimum required local contribution; appeal for adjustment; reduction; guidelines for implementation

c. 70, § 6A. Recalculation of annual minimum required local contribution; appeal for adjustment; reduction; guidelines for implementation Section 6A. (a) Notwithstanding any general or special law to the contrary, upon the request of the board of selectmen in a town, the city council in a city with a plan E form of government or the mayor in any other city, within any fiscal year, the department of revenue may recalculate the minimum required local contribution for that year. Based on the criteria established in this section, the department of revenue shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of elementary and secondary education. (b) A city or town that used qualifying revenue amounts in a fiscal year which are not available for use in the next fiscal year, or that is required to use revenue for extraordinary non-school-related expenses for which it did not have to use revenues in the preceding fiscal year or that has an excessive certified municipal revenue growth factor which is greater than or equal to 1.5 times the state average municipal revenue growth factor may appeal to the department of revenue, not later than October 1, for an adjustment of its minimum required local contribution and net school spending for that fiscal year. (c) If an appeal is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year; provided however, that no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year in which the waiver is granted, shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds. (d) If upon submission of adequate documentation, the department of revenue determines that a municipality's appeal regarding an excessive municipal revenue growth factor is valid, the department of revenue shall recalculate the municipal revenue growth factor and the department of elementary and secondary education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall constitute a permanent reduction in the minimum required local contribution. (e) The board of selectmen in a town, the city council in a city with a plan E form of government, the mayor in any other city or a majority of the member municipalities of a regional school district, which used qualifying revenue amounts in a fiscal year that are not available for use in the next fiscal year, may appeal to the department of revenue, not later than October 1, for an adjustment to its net school spending requirement for that fiscal year. If an appeal is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of the member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves. (f) If the regional school budget has already been adopted by two-thirds of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of elementary and secondary education in accordance with this section. (g) Notwithstanding clause (14) of section 3 of chapter 214 or any other general or special law to the contrary, the amounts determined under this section shall be the minimum required local contribution described in this chapter. The department of revenue and the department of elementary and secondary education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount. (h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided in this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized by this section. (i) The amount of financial assistance due from the commonwealth in any fiscal year, under this chapter or any other law, shall not be changed on account of any redetermination of the minimum required local contribution pursuant to this section. (j) The department of revenue and the department of elementary and secondary education shall issue guidelines to implement their respective duties pursuant to this section.

M.G.L. c. 70, § 8 Districts' methods for allocating appropriated funds; under-performing districts; restrictions

c. 70, § 8. Districts' methods for allocating appropriated funds; under-performing districts; restrictions 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; provided, however, that effective July 1, 1997, school or school districts which are determined to be under-performing or chronically under-performing within the meaning of sections 1J and 1K of chapter 69 may not allocate any such funds to cover legal expenses incurred in challenging such determination or in challenging actions taken by the board, the department or the commissioner in connection with such determination.

M.G.L. c. 70, § 9 Reports on expenditures and staffing for foundation categories

c. 70, § 9. Reports on expenditures and staffing for foundation categories Section 9. Each school district shall report district and school level data to the commissioner, in a form and manner prescribed by the commissioner, on expenditures and staffing for each foundation category. The reports shall provide actual spending for each foundation category. The reports shall be made publicly available on the department's website.

M.G.L. c. 70, § 10 Aid paid to municipalities and districts; amounts

c. 70, § 10. Aid paid to municipalities and districts; amounts Section 10. Subject to appropriation, each municipality, regional school district, independent vocational school and county operating an agricultural school or vocational school shall receive chapter 70 school aid as provided in this chapter. Tuition payments required pursuant to section 89 of chapter 71 and section 12B of chapter 76 shall be deducted from such aid.

M.G.L. c. 70, § 11 Excess funds; application to following fiscal year

c. 70, § 11. Excess funds; application to following fiscal year Section 11. If in any fiscal year a district's actual expenditure for public education is less than the amount required to be appropriated for public education pursuant to this chapter, the difference, up to 5 per cent of the amount required to be appropriated, shall be spent for public education in the following fiscal year; provided, however, that any unexpended funds, whether appropriated to the school committee account or to town accounts for expenditure to meet public education costs, shall be deemed reappropriated for public education in the following year without further action by the appropriating authority; provided, further, that the amount of state school aid for the following fiscal year shall be reduced by the amount said difference exceeds 5 per cent of the amount required to be appropriated; and provided, further, that in any year in which additional money is required to be spent due to a spending deficiency in the prior year, if a district fails to spend the carried forward amount or under-spends its current year budget by more than 5 per cent of the amount required to be appropriated for that year, state school aid in the following year shall be reduced by the entire difference between those amounts. The board shall promulgate regulations to enforce the provisions of this section.

M.G.L. c. 70, § 13 Allocation of funds

c. 70, § 13. Allocation of funds Section 13. If the amount appropriated for chapter 70 school aid in a fiscal year is less than the amount prescribed in sections 2 and 3, priority shall be given to funding foundation aid.

M.G.L. c. 70, § 14 Exemption of certain districts from chapter

c. 70, § 14. Exemption of certain districts from chapter 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.

M.G.L. c. 70, § 15 Applicability of chapter

c. 70, § 15. Applicability of chapter Section 15. This chapter shall apply to all cities, towns, and regional school districts, notwithstanding section twenty-seven C of chapter twenty-nine, and without regard to any acceptance or appropriation by a city, town or regional school district or to any appropriation by the general court.

M.G.L. c. 70, § 16 Twenty-First Century Education Program; persistent disparities in student achievement; advisory council; competitive grant program; evaluation of effectiveness and reporting

c. 70, § 16. Twenty-First Century Education Program; persistent disparities in student achievement; advisory council; competitive grant program; evaluation of effectiveness and reporting Section 16. (a) There shall be a Twenty-First Century Education Program to address persistent disparities in achievement among student subgroups, improve educational opportunities for all students, share best practices for improving classroom learning and support efficiencies within and across school districts. The commissioner may expend funds from the Twenty-First Century Education Trust Fund established in section 35NNN of chapter 10 for this program. (b) There shall be a Twenty-First Century Education Advisory Council, which shall consist of 6 members: 4 of whom shall be appointed by the governor; 1 of whom shall be appointed by the president of the senate; and 1 of whom shall be appointed by the speaker of the house of representatives. The members of the advisory council shall have diverse expertise with demonstrated success in at least 1 of the following areas: (i) addressing disparities in achievement among student subgroups; (ii) serving as educator or administrator in a school with a high percentage of low-income students; (iii) improving educational outcomes through implementation of nontraditional programming in classrooms; (iv) replicating effective, evidence-based practices for ensuring student academic success; or (v) evaluating the success of educational approaches designed to address disparities in achievement among student subgroups. (c) The commissioner shall consult with the Twenty-First Century Education Advisory Council on implementation of the Twenty-First Century Education Program consistent with this section. The advisory council shall, from time to time, make recommendations to the commissioner on the improvement of the design, oversight or implementation of the program. The advisory council may receive and consider reports and input from expert individuals, educators, school administrators, parents, community-based organizations, voluntary education organizations and other relevant public and private organizations recognized as having expertise consistent with this section. (d) There shall be a competitive grant program developed and administered by the commissioner for all public schools and school districts. The commissioner may expend funds from the Twenty-First Century Education Trust Fund, hereinafter the trust fund, established in section 35NNN of chapter 10 for this grant program. All grant applications shall include: (i) an evaluation plan, including identification of the researcher or organization responsible for ongoing evaluation; (ii) a statement of the expected impact; (iii) a preliminary estimate of the cost of the intervention; (iv) identification of a comparison group for the purpose of assessing effectiveness; and (v) a mechanism for determining how the proposal may be effectively replicated. In approving grant applications, the commissioner may give preference to applications that include: (A) evidence-based educational approaches to address persistent disparities in student achievement that improve student outcomes or increase student preparedness for workforce and post-secondary education; provided, however, that preference shall be given to applications that are submitted by schools or districts with a high percentage of low-income students and English learners, which may include schools or districts implementing turnaround plans; and (B) approaches to increase efficiencies and educational program quality within and across school districts; provided, however, that preference shall be given to applications submitted by schools or districts in rural areas with low or declining enrollment. The commissioner may provide funds and other resources to districts as needed to ensure that every public school and school district has the opportunity to apply for grants; provided, however, that the commissioner may provide funds and other resources to assist in the development of grant applications for public schools implementing turnaround plans. (e) Public schools and school districts awarded funds pursuant to this section shall work with the commissioner to: (i) analyze the effectiveness of their initiatives; and (ii) participate in the replication of effective evidence-based practices for public schools. (f) A public school or school district that is awarded funds pursuant to this section may submit a written request for a waiver of 1 or more provisions of the education regulations of the commonwealth to permit the school or school district to initiate programs, schedules or services that shall improve student learning. The commissioner may grant a regulatory waiver if the commissioner: (i) determines the waiver is necessary to support the proposed initiative; and (ii) notifies the board of elementary and secondary education not less than 30 days prior to acting on any such waiver request. (g) Money in the trust fund may be used to support the replication of effective practices and the dissemination of best practices generated through the competitive grant program and turnaround efforts that have been proven to address persistent disparities in achievement among student subgroups. (h) Annually, not later than December 1, the commissioner shall submit a report detailing expenditures from the trust fund to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on education.

M.G.L. c. 70, § 17 Data advisory commission; duties; membership; reporting

c. 70, § 17. Data advisory commission; duties; membership; reporting Section 17. (a) There shall be a data advisory commission to promote the improved use of state, district and school-level data to inform effective resource allocations at the district and school levels. The data advisory commission shall assist the department in identifying, analyzing and making recommendations on high-impact, cost-effective data strategies for assessing student needs and addressing persistent disparities in achievement, including, but not limited to: (i) establishing a data collection and reporting system to: (A) track funding allocated for low-income students and students identified as English learners pursuant to chapter 71A and ensure spending is targeted to the intended populations; and (B) allow for access to school-level expenditures and data across all districts to inform the public and policy-makers of high impact, cost-effective school-level interventions and investments; (ii) strengthening the department's capacity to analyze and report staffing, scheduling and financial data in ways that support strategic resource allocation decisions at the district and school levels, including a review of national best practice models that ensure greater financial transparency; (iii) strengthening district capacity to use state, district and school-level data to inform strategic resource allocation and implementation decisions; and (iv) streamlining data reporting, eliminating duplicative reporting requirements and improving data quality. (b) The data advisory commission shall consist of: the commissioner of elementary and secondary education, who shall serve as chair; the secretary of education, or a designee; 1 member to be appointed by each of the following organizations, all of whom shall have demonstrated knowledge, experience and interest in data collection and analysis for the purpose of improving student performance: the Massachusetts Association of School Committees, Inc.; the Massachusetts Association of School Superintendents, Inc.; the Massachusetts School Administrators Association, Incorporated; the Massachusetts Association of School Business Officials, Inc.; the Massachusetts Association of Vocational Administrators, Inc.; the Massachusetts Association of Regional Schools, Inc.; and the Massachusetts Business Alliance for Education, Inc.; and 4 members to be appointed by the commissioner, 1 of whom shall be a teacher in a district of not less than 15,000 students who has experience in an underperforming or chronically underperforming school that has utilized data to successfully improve student performance, 1 of whom shall be a parent of a student currently enrolled at a kindergarten, elementary school, middle school or junior high school or high school in the commonwealth and 2 of whom shall have professional experience and knowledge in the area of data collection, quality and usage in establishing education policy and improving student outcomes. (c) The data advisory commission shall report annually, not later than December 1, on its progress to the board of elementary and secondary education; provided, however, that the report shall be made publicly available on the department's website.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter70Fetched: 10/20/2026