Senate, January 4, 2012 – New draft reported from the committee on Ways and Means for Senate, No. 2085.
|Status:||Referred to Senate Committee on Ways and Means|
|1/4/2012||Senate||Reported from the committee on Senate Ways and Means|
|1/4/2012||Senate||Recommended new draft of S2085|
|1/4/2012||Senate||Substituted as a new draft for S2085|
|1/4/2012||Senate||Ordered to a third reading|
|1/4/2012||Senate||Order relative to subject matter adopted|
|1/4/2012||Senate||Placed in the Orders of the Day for a third reading on Tuesday, January 10, 2012|
|1/10/2012||Senate||Amendment #1 (Ross) adopted|
|1/10/2012||Senate||Amendment #2 (Flanagan) adopted|
|1/10/2012||Senate||Amendment #3 (Fargo) rejected|
|1/10/2012||Senate||Amendment #4 (Fargo) rejected|
|1/10/2012||Senate||Amendment #5 (Creem) adopted|
|1/10/2012||Senate||Amendment #6 (Creem) adopted|
|1/10/2012||Senate||Amendment #7 (Creem) rejected|
|1/10/2012||Senate||Amendment #8 (Creem) adopted|
|1/10/2012||Senate||Amendment #9 (Welch) adopted|
|1/10/2012||Senate||Amendment #12 (Chang-Diaz) adopted|
|1/10/2012||Senate||Amendment #17 (Finegold) adopted|
|1/10/2012||Senate||Amendment #15 (Tarr) adopted|
|1/10/2012||Senate||Amendment #19 (Brewer) adopted|
|1/10/2012||Senate||Passed to be engrossed - Roll Call 138 [37-0]|
|1/10/2012||Senate||Printed as amended, see S2105|
Redraft Clerk #1
Special Commission Membership
Messrs. Ross, Tarr and Baddour and Ms. Clark moves to amend the bill (Senate, No. 2101) by striking out section 5, and inserting in place thereof the following section:-
“SECTION 5. There shall be a special commission to study the role of education collaboratives. The commission shall consist of 13 members: the house and senate chairs of the joint committee on education, or designees, who shall serve as co-chairs of the commission; the senate minority leader, or designee; the house minority leader, or designee; the secretary of education, or designee; the commissioner of elementary and secondary education, or designee; the secretary of health and human services, or designee; a representative of the Federation for Children with Special Needs, Inc.; a representative of Massachusetts Administrators for Special Education; 1 representative from the Massachusetts Association of 766 Approved Private; and 3 persons to be appointed by the secretary of education, 1 of whom shall be selected from a list of 3 persons nominated by the Massachusetts Association of School Superintendents, Inc., 1 of whom shall be selected from a list of 3 persons nominated by the Massachusetts Association of School Committees, Inc. and 1 of whom shall be selected from a list of 3 persons nominated by the Massachusetts Organization of Educational Collaboratives.
The commission shall examine, report and make recommendations on topics including, but not limited to: (1) whether a statewide network of education collaboratives should be established to implement new programs and provide technical assistance in partnership with the department of elementary and secondary education, and if so, how such network should be organized and funded; (2) whether education collaboratives are appropriate settings for providing programs and services to developmentally disabled adults over the age of 22, and if so, what measures should be taken to ensure proper accounting of, and funding for, all services provided by education collaboratives and related for-profit and non-profit organizations, as that term is defined in section 4E of chapter 40 of the General Laws, for individuals not enrolled in or employed by elementary or secondary schools in the commonwealth; (3) how to maximize the efficiency and capacity of existing education collaboratives; (4) the appropriate role and relationship, if any, between education collaboratives and related for-profit and non-profit organizations; (5) appropriate compensation levels and authority of collaborative management employees; (6) the merits of merging or consolidating existing education collaboratives, including the effect on collective bargaining agreements, staff, operational systems and debt obligations and whether districts and students would benefit from the merger of existing education collaboratives; (7) the provision of non-education related services by education collaboratives to other government entities and the appropriateness and effect of those provisions on the core mission and purpose of the collaborative; (8) the efficiency and effectiveness of the special education programs at education collaboratives as compared to other public schools as well as approved private special educational schools that serve publicly funded special education students, with additional focus on the establishing tuition and funding provided to approved private special educational schools that serve publicly funded public education students, comparing funding of private special educational schools that serve publicly funded special education students with other public school funding, including consideration of the salary of employees at approved private special educational schools in relation to the salaries paid to special education staff in the commonwealth’s public schools; and (9) a methodology to assess applicable pension liability to, and determine the funding obligations of, education collaboratives related to their employees' membership in the State Employees' Retirement System and Teachers Retirement System developed in consultation with the State Retirement Board, the State Teachers' Retirement Board and the public employee retirement administration commission.
The commission shall consult with and solicit input from various persons and groups, including, but not limited to: the attorney general; the state auditor; the inspector general; the department of developmental services; the division of local services; the executive directors of education collaboratives of varying size and scope in the commonwealth; the chairs of the joint committee on children, families and persons with disabilities; organizations representing individuals with developmental disabilities, including the Arc of Massachusetts and the Association of Developmental Disabilities Providers, Inc.; organizations representing children with disabilities and their parents; and associations representing special education administrators and other educational administrators, school business officers, municipal officials and charter schools.
The first meeting of the commission shall take place within 45 days after the effective date of this act. The commission shall file a report containing its recommendations, including legislation and regulations necessary to carry out its recommendations, with the clerks of the house and senate not later than 12 months following the first meeting of the commission.”
Redraft Clerk #2
Ms. Flanagan moves to amend the bill (Senate, No. 2101), in section 1, in the second paragraph of subsection (f) of proposed section 4E of chapter 40 of the General Laws, by inserting, after the second sentence, the following 2 sentences:-
“The board of the directors of an education collaborative shall appoint 1 or more registered nurses, subject to certification as a school nurse under said section 38G of said chapter 71, and shall provide such school nurse with all proper facilities for the performance of the school nurse’s duties. The collaborative shall consider and meet the staffing level required to address the specific health care needs of the students enrolled in the education collaborative.”
Education Collaborative Implementation
Ms. Fargo moves to amend Senate No. 2101, in SECTION 3, by striking out, in line 234, the number “12” and inserting in place thereof the following number:- “18”.
Ms. Fargo moves to amend the bill (Senate No. 2101), in section 4E(c) of Chapter 40 of the General Laws, as inserted by SECTION 1 by striking lines 83-84 after the word “rendered.”
2nd REDRAFT Clerk #5
Ms. Creem, Messrs. Donnelly, Knapik and Welch and Ms. Candaras move to amend the bill (Senate, No. 2101), in Section 1, by striking out, in lines 123, 143 and 176, the word “October” and inserting in place thereof, in each instance, the following word:- “January”.
Redraft Clerk #6
Services to Individuals Over 22
Ms. Creem moves to amend the bill (Senate, No. 2101) by inserting in line 238, after the words “education collaborative” the following words:- “or a related for-profit or non-profit organization”;
and by inserting, in line 239, after the word “services” the following words:- “; provided further that a related for-profit or non-profit organization providing services to individuals over the age of 22 prior to the effective date of this act, may transfer the provision of such services to the education collaborative to which it is related and the education collaborative may continue the provision of such services after such transfer.”
Education Collaborative Board Membership
Ms. Creem moves that S. 2101 be amended by striking out in lines 30-32 the following words:- “1 person appointed annually by each member school committee or member charter school board. All appointed persons shall be either a school committee member, the superintendent of schools or a member of the charter board of trustees”;
and inserting in place thereof the following words:- “2 persons appointed by each member school committee or member charter school board: 1 of whom shall be a school committee member or member of the charter school board; and 1 of whom shall be the superintendent of schools”;
and further, by striking out in lines 36-37 the following words:- “Each member of the board of directors shall be entitled to a vote” and inserting the following words:- “Members of the board of directors shall be entitled to a vote according to the terms of the education collaborative agreement.”
Board Member Training
Ms. Creem moves to amend the bill (Senate, No. 2101) in Section 1, by striking out, in line 45, the following figure:- “30” and by inserting in place thereof the figure :-“60”.
Redraft clerk #9
Messrs. Welch and Knapik and Ms. Candaras move to amend the bill (Senate, No. 2101), in Section 1, in subsection (f) of proposed section 4E of chapter 40 of the General Laws by adding the following sentence:- “Nothing in this section shall prohibit a member of the board of directors or employee of an education collaborative from providing volunteer services to a related for-profit or non-profit organization.”.
Redraft Clerk #12
Public Reporting Tools
Ms. Chang-Díaz moves to amend the bill (Senate, No. 2101), in Section 1, by striking out, in line 140, the words “, in a searchable format” and inserting in place thereof the following words:- “in human readable and machine readable formats”
Redraft Clerk #15
Messrs. Tarr and Baddour move to amend the bill (Senate, No. 2101), by inserting after section 4 the following section:-
“SECTION 4A. The department of elementary and secondary education shall study the feasibility of conducting, at least once every 5 years, a review of chapter 766 approved in-state schools and programs that serve publicly-funded special education students; provided, that the review would include, but not be limited to, a consideration of the tuition and funding for chapter 766-approved in-state schools and the salaries paid by these schools in relation to the salaries paid to special education staff in public schools, including education collaboratives. The department shall report its findings not later than June 1, 2012, to the clerks of the senate and house of representatives.”
Clerk # 16
Presentation to School Committees
Mr. Finegold and Ms. Donoghue move to amend the bill (Senate, No. 2101) in section 1, in subsection (e) of proposed section 4E of chapter 40 of the General Laws, by adding the following paragraph:-
“The executive director of each education collaborative shall annually present the annual report and its budget to each member school committee in a school committee meeting or charter school board of trustees, and accept questions regarding the report and budget; provided, however, that an education collaborative with more than 10 school districts may make the presentation in regional presentations to not more than 5 member school committees at a time; provided, further, that a school committee or charter school board of trustees may waive its right to such a presentation. Two or more school committees of cities, towns and regional school districts and boards of trustees of charter schools may receive such a presentation in a joint meeting.”
Mr. Brewer moves to amend the bill (Senate, No. 2101), in Section 4, by striking out, in lines 236 and 237, the following words:- “unless the commission established under section 5 of this act has issued a determination otherwise”.
Petitioners: Senate Committee on Ways and Means
Emergency Preamble: Yes