Legislative Issues
State and federal legislation past and present that could affect homeschoolers in Massachusetts.March 2013
Our Massachusetts Legislature began its 188th Session on January 2, 2013. Several bills affecting school attendance age that died during the 187th Session have been resurrected in a flurry of new filings. Below is a summary of bills filed so far this Session that could impact Massachusetts homeschoolers. You can find the full text of bills by searching at the General Court website. AHEM will continue to monitor these and any additional education bills that may be filed during the 188th Session.
KINDERGARTEN REQUIREMENTS
H 349 – Rep. Antonio Cabral, D., New Bedford; AN ACT TO IMPLEMENT FULL-DAY KINDERGARTEN This bill would amend Chapters 69 and 76 of the General Laws by requiring every child to be enrolled in a full-day Kindergarten program. The bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
BILLS RAISING THE MANDATORY ATTENDANCE AGE
H 524 – Rep. Martha M. Walz, D. Boston; AN ACT RAISING THE SCHOOL DROPOUT AGE This bill would amend Chapter 69 of the General Laws and require an increase in school attendance age, phased in over the next four years, from sixteen to eighteen. It would also establish programs for identifying and helping students at risk of “dropping out” of high school. The bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
S 208 – State Senator Sonia Chang-Diaz, D. Boston, Senate Chair of Joint Committee on Education; AN ACT RELATIVE TO DROPOUT PREVENTION AND RECOVERY This bill is essentially the Senate version of H 524. It would amend both Chapters 69 and 76 with the “age 18” attendance requirement and further establish tracking and coaching programs to identify and help students at risk of dropping out of high school. The bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 350 – Rep. Antonio Cabral, D. New Bedford; AN ACT TO REQUIRE SCHOOL ATTENDANCE UP TO AGE EIGHTEEN OR UNTIL GRADUATION This bill would amend Chapter 76 of the General Laws by requiring school attendance between the ages of six and eighteen, “having completed at least the 12th grade or whichever comes first.” The bill would take effect August 1, 2015. It was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 338 – Rep. Garrett J. Bradley, D. Hingham; AN ACT RAISING THE COMPULSORY ATTENDANCE AGE TO 18 This bill would amend Chapter 69 of the General Laws to state that “all children under the age of 18 shall be required to attend school if they have not graduated.” The bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 462 – Rep. Alice Hanlon Peisch, D. Wellesley, House Chair of Joint Committee on Education; AN ACT RELATIVE TO THE MAXIMUM PERMISSIBLE AGE FOR SCHOOL ATTENDANCE This bill directs the Board of Education to “develop regulations to establish the maximum permissible age for school attendance, provided that such regulations shall address the types of alternative education programs or settings that are suitable for individuals who exceed the maximum permissible age of attendance who do not have a high school diploma or the equivalent.” The bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 376, Reps. Carlos Henriquez, D. Dorchester, Edward F. Coppinger, D. Boston; AN ACT RELATIVE TO THE COMPULSORY AGE OF SCHOOL ATTENDANCE This bill seeks to increase the compulsory age of school attendance in the city of Boston by amending Section 1B, Ch. 69, “or section 1 of chapter 76, of the General Laws or any other general or special law to the contrary regulating the compulsory age of school attendance, the compulsory maximum age for school attendance in Boston public and private schools shall be eighteen (18). Children under the age of 18, attending a Boston public or private school, shall remain enrolled until such time as they turn 18, or upon successful completion of all coursework required to graduate.
SECTION 2. This act shall take effect on July 1, 2012 [sic] and shall concern all students enrolled in Boston public and private schools for the 2012-13 [sic] school year and onward.” (Ed. Note: These are the dates stated in the current bill text on the MGC website, but may be a hold-over from last year's bill.)
The city of Boston has already provided local approval. H376 was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 368, Rep. Marcos A. Devers, Democrat, Lawrence, Barry R. Finegold, and Frank A. Moran; AN ACT ESTABLISHING THE MAXIMUM AGE FOR SCHOOL ATTENDANCE IN THE CITY OF LAWRENCE This bill would allow the City of Lawrence, MA to establish its own maximum age for school attendance, “which shall be 18 years of age, or upon the completion of a high school diploma,” notwithstanding the mandatory maximum age otherwise established by the State Board of Education. The City of Lawrence has already approved the bill. This bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
BILLS CREATING A STUDY OF AGE LIMITS FOR SCHOOL ATTENDANCE
H 378 – Rep. James J. Dwyer, D. Woburn; AN ACT RELATIVE TO THE MAXIMUM AGE OF ENROLLMENT This bill directs the Board of Education to “conduct a comprehensive review of the present age limits for student enrollment in public schools in the Commonwealth. . . .” At the end of such review, the Board shall establish the mandatory maximum age for school attendance. This bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 341 – Rep. Garrett J. Bradley, D. Hingham; RESOLVE PROVIDING FOR A STUDY OF COMPULSORY SCHOOL ATTENDANCE This petition and resolution seeks to authorize and direct the Board of Education to “conduct a study relative to the establishment of ages five to eighteen years old as the period of compulsory school attendance in Massachusetts. Such study shall include, but not be limited to, analyses of the impact of the altered requirements on student’s readiness for elementary school, and on high school completion, with due attention to the experience in other states; and analyses of fiscal implications for the commonwealth and for school districts.” The Board of Education shall report the results of the study by December 31, 2013. H 341 was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
BILLS CONCERNING HIGH SCHOOL TESTING AND GRADUATION
H 432 – Rep. Bradley H. Jones, Jr., R. North Reading; AN ACT RELATIVE TO NON-PUBLIC SCHOOL STUDENT ACCESS TO THE MCAS EXAM This bill would amend Chapter 69 to allow a non-public school student to elect to take the MCAS exam at that student’s own expense. This bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 504 – Rep. Benjamin Sawn, D. Springfield; AN ACT TO ELIMINATE THE USE OF THE MCAS FOR HIGH SCHOOL GRADUATION This bill would eliminate the MCAS or other state-developed, standardized test, as a component of the competency determination for high school graduation. This bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
H 348 – Rep. Antonio Cabral, D. New Bedford; AN ACT TO ESTABLISH A NEW HIGH SCHOOL DIPLOMA This bill would amend Chapter 69, Section 1D to allow students who pass the MCAS to receive a “Commonwealth Diploma issued by the state Department of Education. Students who have demonstrated competency under this section by meeting the academic standards and curriculum frameworks enumerated in this section by satisfying the requirements of their local school committee shall be granted a Horace Mann Diploma issued by the local school committee. Students may receive either one or both diplomas. Issuance of either the Commonwealth or the Horace Mann Diploma to a student will certify that a student has met the competency determination described in this section and will entitle a student to all the rights and privileges of high school graduation.” This bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
BILL IMPOSING MORATORIUM ON EDUCATION EXPENSES
H 373 – Rep. James R. Dwyer, D. Woburn; AN ACT IMPOSING A MORATORIUM ON NEW MANDATED EDUCATION PROGRAMS AND EXPENSES This bill would require the General Court to impose a moratorium on newly mandated education programs and expenses until July 1, 2015. The bill would presumably prevent the imposition and funding of changes to the compulsory attendance laws, or any other educational legislation described above. The bill was referred to the Joint Committee on Education on 1/22/13. No further action has been taken.
January 2013
The Massachusetts Legislature began its 188th session on January 2, 2013. The various bills that AHEM tracked in the 187th session, regarding changes to the compulsory attendance age and other educational issues, have either died or been set aside for further study in the new session. The 188th Legislature is busy trying to file its most important bills by the January 18, 2013 filing deadline in order to ensure that the Legislature will consider those bills during the current session. New bills may be filed after the deadline, but there is no guarantee that the Legislature will have time to address such bills. AHEM will continue to track new bills as they are filed in the 188th session and keep our members informed of any that may affect homeschoolers in Massachusetts.
