Resolution Opposes Arming Educators

Unanimously APPROVED at the regular meeting of the Board of Elementary and Secondary Education, March 27, 2018

WHEREAS the Massachusetts Board of Elementary and Secondary Education was deeply troubled by the February 14, 2018 shooting at the Marjory Stoneman Douglas High School in Parkland, Florida, that killed 14 students and three adults, and equally troubled by previous school shootings, including the 1999 shooting at Columbine High School in Colorado that killed 12 students and one adult, and the 2012 shooting at Sandy Hook Elementary School in Connecticut that killed 20 students and six adults; and

WHEREAS there is no evidence-based research showing that arming teachers would reduce casualties in mass shootings; and

WHEREAS allowing guns in schools by other than law enforcement personnel would increase the risk of accidental shootings of students and other bystanders; and

WHEREAS teachers are first and foremost educators and therefore should be employed solely on the basis of their educational skills and credentials, not their skills as a security officer;

THEREFORE BE IT RESOLVED that the Massachusetts Board of Elementary and Secondary Education believes arming educators will make schools less safe, and the Board opposes any move to do so.

2018 Annual Town Meeting Continues Tonight

Second night in Battin Hall of Isaac Harris Cary Memorial Building.

Articles from Monday’s March 26, 2018 session were completed, except Article 34, which has been moved to Wednesday, April 4, 2018.

Votes of Town Meeting Members are HERE.

Town Warrant is HERE

Articles anticipated for tonight’s session have been prepared by the Town Moderator, in consultation with Staff, Boards, Committees, and Article Sponsors:

• Article 2 report – Planning Board
• Article 38 – Amend zoning bylaw – commercial district/Marrett Road (citizen article)
• Article 36 – Repeal prohibition of recreational marijuana establishments (citizen article)
• Article 43 – Amend Chapter 135 zoning bylaw – marijuana (citizen article)
• Article 44 – Demolition delay bylaw amendments
• Article 2 report – Lexington Schools Superintendent

Tonight's session will begin at 7:30 PM. I'll post each completed Article as we go.

First Night of 2018 Annual Town Meeting

7:30 PM
We're in Battin Hall of Isaac Harris Cary Memorial Building.*
Town Meeting continues every Monday and Wednesday evening until all business has been concluded. Meetings are not held on holidays or during school vacation weeks.
Town Warrant HERE.
Tonight's Motions, by Article number, HERE.
Town Meeting Articles, Reports, and Presentations, HERE.

FY19 Recommended Budget and Financing Plan, HERE.

Town Meeting Member Association (TMMA) Report, HERE.

Deborah Brown, Town Moderator, calls the meeting to order.

Tonight's anticipated schedule, as forwarded by Town Moderator:

• Opening ceremonies
• Introductory remarks and instructions
• Article 2 – Election of Deputy Moderator (Barry Orenstein)
• Article 3 – Cary Lecture Series
• Article 33 – Plastic bag ban (citizen article)
• Article 34 – Safe community resolution (citizen article)
• Article 35 – Financial Projections (citizen article) (IP=indefinitely postpone)
• Article 41 – Wright Farm parcel split

- - -

OPENING CEREMONIES Presentation of the colors and National Anthem by the William Diamond Fife and Drum Corps.

INTRODUCTORY REMARKS AND INSTRUCTIONS Madam Moderator welcomes all and new Town Meeting Members (TMMs). Bit of Housekeeping. Calls for a moment of silence to remember the lives of TMMs who have passed in the last year. There have been 5 TMMs who have died. We will remember two tonight. The other three will be honored at a later date of Town Meeting. Ephraim Weiss, 52 years in TM. Dick Michelson, 52 years in TM. Moment of silence.

ARTICLE 2 – ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS, AND COMMITTEES To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

This Article remains open throughout town Meeting and reports may be presented at any Town Meeting session by Boards, Officers, or Committees. in addition, the Town will consider the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington.

Barry Orenstein has been nominated by the Moderator for the role of Deputy Moderator.

MOTION: That Barry Orenstein be approved as Deputy Moderator

Voice Vote of Town Meeting: APPROVED

ARTICLE 3 – APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by the Moderator.

Presentation given by Rita Goldberg, TMM in Precinct 2 and Chair of Cary Lecture Series.
MOTION: That the report of the Committee on Cary Lectures be received and placed on file and the Committee discharged.
Voice Vote of Town Meeting: APPROVED

ARTICLE 34 will not be taken up tonight as Proponents and Board of Selectmen are working to refine language.

ARTICLE 33 – AMEND TOWN BYLAW - BAN PLASTIC BAGS (Citizen Article) To see whether the Town will vote to amend the Town Bylaws of the Town of Lexington to ban the use of thin-film single-use plastic bags, or to act in any manner in relation thereto. The purpose of this bylaw is to ban the use of think-film (less than 4.0 mil) single-use plastic checkout bags by business establishments in the Town of Lexington. (Inserted by Janet Moran and at least 9 or more registered voters)

This Article bans the use of thin-film single-use plastic bags. These bags have a detrimental impact on the environment by blocking waterways and sewer systems; choking, poisoning and entangling wildlife and collecting in our bodies interfering with critical bio-functioning. This ban does not include bags for laundry, dry cleaning, newspapers, loose produce, pastry, or for wrapping frozen food, fish or meat. Customers are encouraged to bring reusable bags.

MOTION: To amend the Town Bylaws by adding a new Bylaw, Chapter 81 (Plastic Bag Reduction Bylaw)

Recommendations of Boards, Committees:

Board of Selectmen (BoS): Unanimously Supports
Lexington Chamber of Commerce Board of Directors: Enthusiastically Supports
Sustainable Lexington: Unanimously Supports 4.0 mil

Question from TMM/P2: How are we going to stop all bags?
A: This Article only addresses these retail bags.
Citizen Mic: Minuteman Indivisible Environmental Team Supports the ban, urges TMMs to do same.
TMM/P8 at YES Mic: Hastings PTO Green Team; this is not a be all and end all measure. Do not let perfect be the enemy of the good.
Q from TMM/P2: Clarify language
Town Moderator calls a brief recess to talk with Town Counsel
We're back in session

A: Friendly amendment. 4.2 now reads: In the case of retail or grocery store with a floor area less than 3,500 square feet, this Bylaw shall not go into effect until July 1, 2019
Yes Mic TMM/P7: Many good reasons already stated; supporting BYOB (Bring Your Own Bag) and will be voting YES
Q from TMM/P9: Clarification on fines -- I've got five bags from Stop & Shop -- is that one offense or 5?
A: Stop & Shop, CVS, Walgreens will comply easily. They are already using paper in other Towns around us.
Citizen Mic: Coalition of Parent, PTO, PTA Green Team Members; we sent letter to Board of Selectmen in support of this Bylaw
No Mic: Unacceptable for a friendly amendment -- we should be more precise and take a vote; vote against this
Q Mic: 4.1?
A: Automatic 6-month grace period for smaller stores.
No Mic: Support the idea, troubled by the language.
Citizen Mic: Support

TMM calls the question
Vote to close debate: Approved by voice vote -- debate is closed

Main Motion:
Vote of Town Meeting: APPROVED

Yes: 158

No: 10

Abstain: 3

ARTICLE 35 – RESOLUTION TO REQUEST WARRANT ARTICLES TO BE ACCOMPANIED BY FINANCIAL PROJECTIONS (Citizen Article) To see if the Town will vote to pass a resolution strongly encouraging authors of warrant articles to present accompanying data with their motions showing the expected financial impact of their motion along with explicit assumptions to facilitate the evaluation of their motion by Town Meeting, or act in any other manner in relation thereto. (Inserted by Mark Anderson and 9 or more registered voters)

The purpose of this resolution is to establish an expectation that Warrant Articles should be presented with reasonably standard impact statements to Town Meeting Members can quickly and more completely assess related motions.

The proponent of the Article, Mark Andersen, makes a brief presentation on the origin, spirit, and implications of Article 35.

BoS: Unanimously in support of IP
CEC: Unanimously in support of IP

MOTION: That this Article be Indefinitely Postponed (IP)

Voice Vote of Town Meeting: Unanimous

ARTICLE 41 – WRIGHT FARM PARCEL SPLIT (241 GROVE STREET) To see if the Town will vote to authorize the Board of Selectmen to convey the following portions of the land owned by the Town and shown as Parcel 1C on Lexington Assessor's Map 91:

(a) approximately +/-26,492 square feet in area shown as Parcel 2-B on a plan of land entitled, “241 Grove Street Plan of Land” prepared by Meridan Associates dated February 2, 2018 and on file at the Office of the Town Clerk, to the Conservation Commission, and to authorize the Conservation Commission to subsequently convey a conservation restriction on said Parcel 2-B; and

(b) approximately +/-16,954 square feet in area, shown as Parcel 2-A on said plan of land entitled “241 Grove Street Plan of Land”, to LexHAB, and for LexHAB to subsequently convey an affordable housing restriction on said parcel 2-A; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of LexHAB)

This Article requests a revised rear lot line for the conveyance of land to the Conservation Commission and to LexHab, respectively, at 241 Grove Street, previously voted by Article 9 of Annual Town Meeting 2015, to provide a more regularly-shaped backyard for the affordable house.

Recommendations of Town Boards, Committees:

BoS: Unanimously Supports

CEC:

Planning Board (PB): Unanimously Supports

Q from TMM/P6: Does this require an act of the state legislature?

A: No

Requires a 2/3 Vote of Town Meeting

Yes: 161

No: 1

Abstain: 1

Motion is Approved
Before asking for a MOTION to adjourn, quick review for what's up on Wednesday night

March 28, 2018

• TMMA awards
• Article 2 report – Planning Board
• Article 38 – Amend zoning bylaw – commercial district/Marrett Road (citizen article)
• Article 36 – Repeal prohibition of recreational marijuana establishments (citizen article)
• Article 43 – Amend Chapter 135 zoning bylaw – marijuana (citizen article)
• Article 44 – Demolition delay bylaw amendments
• Article 2 report – Lexington Schools Superintendent

Chair of BoS that Town Meeting adjourn until 7:30 PM Wednesday, March 28, 2018

Town Meeting: Approved

Adjourned, 9:23 PM

- - -

* This (and future posts) is my work and does not represent an official record of Annual Town Meeting proceedings.

2018 Annual Town Meeting

Town Meeting begins tonight, Monday, March 26, 2018 at 7:30 PM in Battin Hall of Isaac Harris Cary Memorial Building, 1605 Massachusetts Avenue, Lexington, and continues every Monday and Wednesday evening until all business has been concluded.
Meetings are not held on holidays or during school vacation weeks.
Town Meeting business is posted in the Warrant, HERE.
Tonight's Motions, by Article number, HERE.
Town Meeting Articles, Reports, and Presentations, HERE.
Recommended Budget and Financing Plan, HERE.
Town Meeting Member Association (TMMA) Report, HERE.
Tonight's anticipated schedule, as forwarded from Deborah Brown, Town Moderator:

• Opening ceremonies
• Introductory remarks and instructions
• Article 2 – Election of Deputy Moderator (Barry Orenstein)
• Article 3 – Cary Lecture Series
• Article 33 – Plastic bag ban (citizen article)
• Article 34 – Safe community resolution (citizen article)
• Article 35 – Financial Projections (citizen article) (IP=indefinitely postpone)
• Article 41 – Wright Farm parcel split

Live-blogging to begin once we are in session.

Annual Town Election

Monday, March 5th, is the date to vote in the annual Town election. Polls are open from 7:00 AM to 8:00 PM. Find precinct and polling locations HERE.

All of the town-wide seats for Town Moderator (Deborah Brown), Board of Selectman (Jill Hai), School Committee (Kathleen Lenihan & Deepika Sawhney), and Planning Board (Ginna Johnson & Richard Canale) are not contested races, but that is no reason not to vote for them. They are well-prepared and excellent choices for the seats they are running for and our Town will be well-served by them. Join me in thanking them for stepping up to serve.

The contested races are happening further down the ballot, in the seats for Town Meeting within the precincts. In our Precinct 1, there are eight candidates for seven seats.* Some of the names of those I’m recommending are further down the ballot, so please be sure to look for them (specimen ballot HERE):

• Joel A. Adler
• Sandhya Beebee
• Sudhir Ranjan
• Mary Ann Stewart
• Judith L. Zabin

Yours truly has been in Town Meeting for the past 12 years. It has been a privilege to represent our neighborhood. I have endeavored to keep you and our neighbors updated and engaged on Town matters via face-to-face meet ups, this blog, posts to our neighborhood lists, and facebook. I ask for your vote to return me for another 3-year term.

Two newcomers deserve your attention: Sandy Beebee (Page Road) and Sudhir Ranjan (Emerson Gardens). I have spent some time getting to know them and believe both would be terrific additions.

• Sandy is a parent of younger children. She was Harrington PTA president for two years, part of the Lexington Parents Advocacy Group, and she has recently been appointed to the Capital Expenditures Committee by our Town Moderator. As an elected rep to Town Meeting, she will be able to vote on Town Meeting Articles, including the capital articles she has been focused on as a member of the CEC.

• Sudhir is eager to represent his community. He is a parent of a 7th grader at Clarke and a senior at LHS who is headed to college in the fall. He is a scientist here in Lexington. He wants to participate in Town affairs in a non-partisan manner, in an effort to enhance overall community development. He also wants to be sure we have looked at all possible options to save money before any tax increase is requested.

The last two candidates I recommend have been in Town Meeting for many years: Joel Adler and Judy Zabin. They are terrific and bring a wealth of knowledge. I recommend that you vote to return them to Town Meeting for another 3-year term.

*You may vote for as few as you like, but no more than seven representatives to Town Meeting. The seven candidates with the highest number of votes will serve as our elected representatives from Precinct 1.

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.

Fair Share Amendment

The Supreme Judicial Court (SJC) heard arguments yesterday on the Fair Share Amendment. Opponents of the measure want the justices to determine whether or not the proposal falls within the scope of ballot initiatives, as specified in Article 48 of our state's constitution.

Our schools lack the foundation funding necessary to provide all students with a well-rounded, quality education that includes the arts, civics and media literacy, and athletics; those who face the greatest challenges require even more support. When they graduate, students are forced to take on enormous debt for a degree from our public colleges and universities. We need to reinvest in quality public education so that all students have access to the well-rounded education and affordable college they need to succeed.

I was proud to be asked by the Raise Up Massachusetts coalition to be one of ten original signers of the Fair Share Amendment because improving the quality of the education our young people receive, and providing a sound future for them and our Commonwealth, requires up-front investments for the long-term. The Fair Share Amendment would amend the Massachusetts Constitution to create an additional tax of four percentage points on annual income above one million dollars, so only those with the highest incomes would pay a little more. The new revenue generated by this tax could only be spent (subject to appropriation) on quality public education, affordable public colleges and universities, and for repair and maintenance of roads, bridges, and public transportation.

To ensure that the tax continues to apply only to the highest income residents, who have the ability to pay more, the one million dollar threshold would be adjusted each year to reflect cost-of-living increases.

As an original signer, and one of thousands of activists to gather petition signatures for it to improve transportation infrastructure and public education, I believe we can make those investments by asking our highest income residents, who currently pay less of their income in state and local taxes than the rest of us, to pay a little more on their income over $1 million.

Revenue raised by the Amendment will go a long way to making sure we are educating our children in high-quality programs, providing affordable higher education for students, and building a transportation system that works. These investments are critical to ensuring every resident in the Bay State has a shot at getting ahead.