State Education Laws Enacted in 2017

Sharing a document from the Department of Elementary and Secondary Education: the following laws relate to the Department and were enacted in 2017 (in chronological order):

LEGISLATION

An Act relative to the Mohawk Trail Regional School District and the Hawlemont School District: Chapter 31 of the Acts of 2017 (see H.2859), effective June 30, 2017. This is follow-up legislation to a 1993 law filed to confirm the Mohawk Trail Regional School District's budget process and their right to approve future amendments in accordance with law and the terms of their agreement after the participating towns approved a change in their regional agreement.

An Act relative to language opportunity for our kids (LOOK): Chapter 138  of the Acts of 2017 (see H.4032), Sections 47-54 inclusive, shall take effect on May 1, 2018. The new LOOK law establishes language acquisition programming flexibility for districts and oversight requirements for the Department of Elementary and Secondary Education.

• Provides districts with flexibility in choosing a language acquisition program that best fits the needs of their English Learner (EL) population, while ensuring accountability through Department oversight.
• Requires districts that intend to offer new programs for ELs to submit specific information for review by the Department and the District's Parent Advisory Council. All programs must be based on research and best practices.
• Directs the Department to notify a District and provide the corrective steps that a district must take before commencing a program if the Department finds that a proposed program fails to meet the applicable requirements.
• Districts that intend to offer a new sheltered English immersion or alternative instructional EL program in the next academic year must submit the required information to the Department and the District's Parent Advisory Council by January 1 of the current academic year, which means new EL programs may open no earlier than the 2019-2020 school year.

Increased input from Parents and Guardians 

• Requires Districts that serve a significant population of ELs to create EL Parent Advisory Councils, made up of parents/guardians of ELs in the District.
• Requires Districts to provide notification to parents/guardians of ELs regarding various topics, including their right to choose a language acquisition program among those offered by the District.
• Parents/guardians of ELs may select any language acquisition program offered by the District, provided that the program is appropriate for the age and grade level of the student.
• Parents/guardians of ELs may request a transfer of the student to another language acquisition program available in the District, subject to approval by the Superintendent.

Educator Qualifications

• Requires the Department to establish licensure endorsements for various language acquisition program types (for example, Two-Way Immersion Programs).
• Requires the Department to annually provide Districts with reports of all educators who have current language acquisition program endorsements.
• Requires Districts to verify, prior to the beginning of each school year, that each educator in an EL program is properly endorsed for that program.

Benchmarks, Guidelines, and Templates

• Requires the Department to establish:
  • (i) benchmarks for attaining English proficiency for ELs;
  • (ii) guidelines to support districts in identifying ELs who do not meet benchmarks;
  • and (iii) an EL success template for use by districts to assist ELs who are not meeting English proficiency benchmarks.

• Requires Districts to provide a copy of these materials from the Department to parents/guardians of ELs within the timeframes specified in the law.
• Requires districts to adopt procedures to identify ELs who do not meet the English proficiency benchmarks and establish various processes relating to them.

Data and Reporting

• Expands EL related reporting requirements for Districts to the Department.
• Establishes a Data Commission to study the collection and dissemination of data on ELs and to make recommendations on streamlining data reporting.

State Seal of Biliteracy

• Directs the Board to establish the State Seal of Biliteracy. Districts may award the Seal to students who meet the state criteria in attaining a high level of proficiency in English and at least one other language.

Pre-K English Learners

• Expands the student census requirement for Districts to include ELs who are in Pre-Kindergarten.

FY18 BUDGET LAWS

An Act Making Certain Appropriations for Fiscal Year 2018 Before Final Action on the General Appropriation Bill: Chapter 25 of the Acts of 2017 (see H.3775), effective June 26, 2017. Directs the State treasurer to make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the Commissioner of Revenue and approved by the Secretary of Administration and Finance, pursuant to guidelines issues by the Secretary.

FY18 General Appropriations Act (GAA): Chapter 47 of the Acts of 2017 (see H.3800) effective July 17, 2017. The GAA includes total state spending of $39.4 billion, representing a $652 million (1.7%), increase over FY17 spending. This spending recommendation is based on a projected 3.4% increase in tax revenue for FY18.

• The Department's recommended appropriations total $5.324 billion, which represents an increase of $113.5 million (2.2%) over FY17 spending. The GAA affirms a commitment to fund education aid for our Districts but does include reduced spending to a number of the Department's accounts due to the lowered revenue forecast for FY18. In signing the budget, the Governor vetoed spending of $5.6 million in Department accounts, most of which represented legislative earmarks for specific local projects. These vetoes were subsequently overridden by the Legislature.

I. Education Local Aid & Reimbursements

• Chapter 70 aid (7061-0008) is increased by $118.9M (2.6%) over FY17. The increase is designed to allow for a minimum aid increase of $30 per pupil over FY17 for every school District and provides $25M to begin addressing the increased costs of employee and retiree healthcare.
• GAA funding for the Special Education Circuit Breaker account (7061-0012) is increased by $4M over FY17. Regional School Transportation (7035-0006) has a $500,000 increase. The METCO grant program (7010-0012) and Charter School Tuition Reimbursements (7061-9010) are level funded. The Department estimates the latter will cover 100% reimbursement for the capital facility component of Charter Tuition ($893 per student) and 69.3% of first-year tuition increases.
• Non-Resident Vocational Student Transportation (7035-0007) and Transportation Reimbursement for Homeless Students (7035-0008) were reduced by $7,500 and $250,500, respectively, from FY17 levels.

II. Student Assessment

• The GAA funding for the Student Assessment account (7061-9400) was insufficient to meet the Department's planned program spending for the upcoming school year. The Governor made a reserve draw to bring the account total to $31.1M.

III. Departmental Grant & Targeted Support Programs

• The majority of Department grant and targeted support programs were either level funded or reduced.
  • Targeted Assistance (7061-9408) reduced by $183,955 from FY17.
  • Copnnecting Activities (7027-0019) increased $555,250 for both earmarks and additional grant funding.
  • Adult Basic Education (7035-0002) increased $829,289 for both earmarks and additional grant funding.
  • ELT Grant Program (7061-9412) reduced by $197,685 from FY17.
  • After-School Grant Program (7061-9611) funded at $3.5M to fund both earmarks and additional grants.
  • Consolidated Literacy Program (7-1--0033) is $76,907 higher than FY17 spending, while Bay State Reading received an increase of $206,167.
  • Special Education in Institutional Settings account (7028-0031) received an increase of $4M over FY17 level.
  • Safe and Supportive Schools Grant Program (7061-9612) is funded at $500,000, an increase of $101,400 over FY17.
  • The GAA transfers of the WPI Schools of Excellence (7061-9624) account from the Department of Higher Education to the Department of Elementary and Secondary Education, funded at $1.4M.

IV. Administrative & Operational Resources

• The GAA reduces the Department's administrative funding below its maintenance level for FY18. This reduced funding totals $756,764 in the following three accounts that fund agency staff:
  • 7010-0005 Main Administration $256,096
  • 7028-0031 Special Education in Institutional Settings $233,061
  • 7061-9200 Education Data Services $267,067
• Outside sections that are of significance to the Department and to Elementary and Secondary Schools:
  • Section 90. Designates the Secretary of Education as Chair of the Homeless Student Transportation Commission established by Chapter 133 of the Acts of 2017
  • Section 126. Requires a feasibility study to be conducted by the Executive Office of Education on minimum number of instructional hours substituted for the minimum number of days as required by the Board of Education. As part of the study, the Executive Office of Education shall determine cost savings associated with an instructional hours based system including but not limited to, energy costs, administrative costs, and transportation costs.
  • Section 127. Requires a feasibility study to be conducted by the Department of Elementary and Secondary Education on rural school district aid.

Student Data Privacy

As students, schools, and districts move more and more of their work online, ensuring data privacy has become a key issue. According to Steve Smith, Cambridge Public Schools addressed this issue before many other districts, and remains ahead of the curve in this regard, in part because families and the community had high expectations that they do so.

Steve is CPS Chief Information Officer and I recently had the occasion to meet and chat with him about his work in CPS and elsewhere. He came to lead CPS Information, Communications, and Technology Systems team seven years ago, which had been established some years before. He's passionate about helping all schools (not just CPS) become digitally and technologically savvy and he has worked in collaboration with districts and states to develop common standards for both expectations and best practices that ensure student data privacy.

Steve is also DESE's liaison to the National Center for Education Statistics (NCES), the primary federal entity for collecting and analyzing data related to education in the US and other nations. During the course of our meeting, Steve introduced me to some of the work he is leading and these are some of the links he shared as we discussed student data privacy:

• Massachusetts Privacy Alliance (MSPA): The Alliance is a collaboration of school districts in the Commonwealth that share common concerns around student data privacy. There are currently about 40 districts in the Alliance. Their first outcome is the adoption and implementation of a common Student Data Privacy Agreement to be used by all member schools when implementing any online application.

• Cambridge Public Schools have made their vendor contracts/agreements open and transparent, not only to Cambridge families, but to the public at large, via the Cambridge Public Portal to Online Applications.

• Read the CPS White Paper on Balancing Innovation with Privacy HERE. The paper includes a list of relevant federal and state laws, CPS data systems, online "cloud services", CPS Web 2.0 procedures and case studies, and more.

• Access 4 Learning Student Privacy Consortium is a unique, non-profit community of schools, districts, local authorities, states, US and International Ministries of Education, software vendors, and consultants who collectively address all aspects of learning information management and access to support learning.

• The Consortium for School Networking (CoSN) is the premier professional association for district technology leaders, including AASA, ASBO International, and ASCD. CoSN initiated the Trusted Learning Environment (TLE), a seal program that requires schools to have implemented student data privacy protections meeting a set of high standards around five core practice areas. Schools that demonstrate that they have met the Program's requirements are able to display the TLE Seal, signifying their commitment to student data privacy.

• Common Sense Media Privacy work addresses parent concerns in the ever-evolving digital technology space.

• iKeepSafe focuses on healthy digital environments for educators, students, and families.

Additional resources I have come across (I invite you to please share your resources in the Comments section at the bottom of this post):

• Commissioner's Update of May 20 included discussion on Safeguarding Student Data

• The Berkman Center for Internet and Society at Harvard University's School of Law is a research center that engages in a wide spectrum of 'Net issues

• From Amelia Vance at NASBE (who introduced me to Steve): Policy Making on Education Data Privacy: Lessons Learned

• Speaking of NASBE, they dedicated their May issue of the Standard to The Power of Data

Check your knowledge of these terms and acronyms*:

• SEAs: State Education Agencies

• LEAs: Local Education Agencies

• SBEs: State Boards of Education

• Big Data**: the term used to describe data sets so large they can only be analyzed by computers

• Small Data**: a term coined by Martin Lindstrom; it is data that is small enough for human comprehension in a volume and format that is accessible, informative, and actionable

• Analytics: the term used to describe how data is collected, analyzed, and used

• PI: Personal Information

• PII: Personally Identifiable Information

• FERPA: Family Educational Rights and Privacy Act (of 1974) is a federal law designed to protect the privacy of student "educational records"; it established the rights of students to inspect and review their "educational records". It's outmoded for modern schools because they no longer have "educational records", they have "student data"

• PPRA: Protection of Pupil Rights Amendment (of 1978) is a federal law that affords certain rights to parents of minor students with regard to surveys that ask questions of a personal nature

• COPPA: Children's Online Privacy Protection Act (of 1998) is a federal law designed to protect the privacy of children under the age of 13

• SOPIPA: Student Online Personal Information Protection Act (effective January 1, 2016), is a California law and the first state law to comprehensively address student privacy

• PTAC: Privacy Technical Assistance Center at the US/ED provides guidance and best practices

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* Many of these terms and acronyms were discussed last October at NASBE's pre-conference session on Student Data Privacy

** h/t to Tracy and Margaret, who attended MASBO's Annual Institute on the Cape earlier this month and shared this article on big and small data