RESOLUTION 1—Including Transitory Student Enrollment in the Calculation of Aid under Chapter 70
Sponsored by the Somerville School Committee

WHEREAS as is proposed by Representative Carl Sciortino, state aid to Massachusetts cities and towns should more accurately reflect district demographics by creating provisions to fund expenses related to transitory student enrollment; and

WHEREAS we all accept our responsibility that no child will be left behind. However, there needs to be recognition that all students do not require the same resources, and, further, that there is no recognition by either federal or state agencies reflected by funding for this major factor in student achievement; and

WHEREAS recognizing the responsibility of schools to facilitate success for all students, the additional resources required and limited time for support services to have a positive impact on transient students' achievement, a recent comparison of MCAS scores demonstrates a correlation between the transient statistics and students' achievement: The higher the transience, the lower the stability and the lower the standardized test scores.

NOW THEREFORE BE IT RESOLVED that Chapter 70, Section 2 of the MA General Laws should be amended by inserting the following definition:
“Transitory student enrollment: in any fiscal year, the average of the three previous fiscal years of the number of students reported to enter the school district after October 1 of said year.”

Further, that Section 2 be further amended by inserting in the definition of “Foundation miscellaneous expenses” after the word “staff” the following:

“Plus an adequate amount of money multiplied by the transitory student enrollment.”
Rationale: The Resolutions Committee recommends that this item be approved. The resolution would allow districts to count students who transition into a district after October 1 to be factored into the student census for purposes of calculating the Foundation Budget and, consequently, state financial aid to the school district. The premise of the resolution is that students who migrate into a district (or out of a district to another district) require additional support from the receiving district, and these students are often at greater risk—as might be the case for economically disadvantaged migrant workers—than their counterparts who are permanent residents.

Further, the Resolutions Committee believes that the approved amendment would allow the legislature to determine more accurately what the additional cost of educating transitory students would be, rather than writing a fixed $1,000 amount into law as was originally
proposed.

RESOLUTION 2—Protection of Individual Committee Member Performance Evaluation Comments
Sponsored by the Wayland School Committee

WHEREAS the Public Records Law (Massachusetts General Laws, Chapter 4, Section 7 (26) (c)) states that personnel files are not public records; and

WHEREAS the Open Meeting Law (MGL, Chapter 39, Section 23B) states that “no quorum of a governmental body shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as provided for in this section;” and
WHEREAS the individual school committee members have no official standing except when acting as part of a quorum of the committee;

NOW THEREFORE BE IT RESOLVED that MASC file legislation that would have the effect of codifying that individual comments on a municipal employee's performance preliminary to a full committee evaluation of that employee, made by one committee member and submitted to a second committee member, such that two committee members do not constitute a quorum of the committee nor have any discussion on the comments, do not meet the definition of public by either the Public Records Law, nor the Open Meeting Law.
Rationale: The Resolutions Committee recommends this resolution favorably. It seeks to address through legislation the potential ambiguity in interpretations of the Open Meeting and Public Records Laws regarding superintendent evaluations. At least one District Attorney interprets the laws to require that individual evaluations of the superintendent submitted by school committee members to the chair or any other single person for the purpose of developing a composite evaluation must be considered public documents and must be attached to the formal composite.

This resolution would define such an individual member's evaluation document as a confidential personnel document and not subject to disclosure under the Public Records Law or the Open Meeting law. The privacy rights of individual committee members are important in the context of municipal employee performance evaluations. A draft evaluation crafted by the committee member will be stronger and more useful to the continued improvement of that committee's municipal department if it is informed by the most candid possible constructive feedback.

RESOLUTION 3—Adequate Pre-Kindergarten through Grade 12 Public Education Funding
Sponsored by the Groton-Dunstable Regional School Committee.

Co-sponsored by the Ashburnham-Westminster Regional, East Bridgewater, Nashoba Valley Regional Technical, and Tyngsborough School Committees

WHEREAS the supporting school committees desire for the Governor and legislators to engage in more proactive measures to secure additional funding for PreK-12 public education and adjust the foundation formula accordingly,

THEREFORE, BE IT RESOLVED that we respectfully recommend the following actions:
1. Fully fund regional transportation. This was a commitment by the Commonwealth to the towns to encourage regionalization and has not been funded as promised.
2. Adjust the Foundation Budget to allow the circuit breaker to begin providing relief to school districts when the amount expended by the school district exceeds three times the state average. Presently the circuit breaker begins to provide relief once the district exceeds four times the state average.
3. Appropriate $35 million for special education transportation and incorporate this funding as part of the circuit breaker reimbursement.
4. Adjust the Foundation Formula to reflect actual expenses incurred by school districts. Presently the state average for school district expenses incurred for health insurance benefits exceeds the Foundation Budget by 180%; the state average for school district special education expenses exceeds the foundation budget by 325%.
5. Provide a much greater share of lottery aid to cities and towns.
6. Ensure that a “hold harmless” provision is included for school districts that may receive less Chapter 70 than proposed by FY07 House I, should recalculation of the Foundation Formula be enacted by legislators.
7. To adjust the target aid share between the Commonwealth of Massachusetts and the local taxpayers' (local) share to be a minimum of 60% and the town taxpayers' share not to exceed 40%.
Further, that MASC file legislation which would have the effect of establishing fair, equitable and adequate funding for preK-12 public education.
Rationale: Because this resolution was submitted by five school committees from at least two different divisions, it must be presented to the Delegate Assembly as submitted. It would, if enacted into law: (1) increase substantially funding for public schools by fully funding regional transportation budgets; (2) lower the threshold for reimbursements under the special education circuit breaker; (3) add a fixed appropriation of $35 million for special education transportation in the circuit breaker; (4) increase the Foundation Budget formula to reflect a higher-than-is-presently-set figure for all school districts; (5) increase the share of state lottery funding provided for cities and towns; (6) prevent reductions in state aid for FY07 below the budget proposed by the Governor; and (7) establish as a legislated goal that the state would pay 60% of the cost of public schools (currently the legislature aspires to a 59% local / 41% state share).
However, the Resolutions Committee believes further clarification is required and calls upon the sponsors or the Delegates to obtain greater clarity for the following numbered items:
(3) the sponsor should offer a rationale for the $35 million requested in transportation expenses so that the figure does not become a fixed, legislated appropriation;
(5) the level of increased lottery aid should be specified more clearly and distinctly since additional lottery aid for communities could be offset by cuts in Chapter 70 aid;
(6) this point is either moot because the FY07 budget has been approved at generally higher levels than the governor has proposed, or else the language needs clarification if it is intended for use in future years;
(7) the sponsor should provide clarity about the current goal to ensure that it is the intent of the resolution to obtain a 60% share from the state.
Further, the Resolutions Committee believes further clarification is required for the final paragraph seeking the filing of legislation which would have the effect of establishing fair, equitable and adequate funding for preK-12 public education.

RESOLUTION 4—Reinstatement of the Legislature's Funding Local School Transportation Costs at 100%
Submitted by the MASC Resolutions Committee and the Board of Directors

WHEREAS until Fiscal Year 2004, the Commonwealth funded school transportation costs for cities and towns. Since that time, the legislature has stopped funding all local school transportation costs; and

WHEREAS the elimination of funding local school transportation costs has resulted in the imposition of fees for transportation in more than one-third of Massachusetts school districts; and

WHEREAS the elimination of funding local school transportation costs has resulted in many local school districts increasing the minimum radiuses for transported students and/or staggering school opening and closing times; and

WHEREAS the increased cost of fuel for both school transportation and for heating/cooling school facilities has resulted in local school districts having to bear the increased financial responsibility;

THEREFORE BE IT RESOLVED that MASC file legislation that would have the effect of having the legislature fully fund local school transportation; and

THAT MASC file legislation that would have the effect that the legislature fund the increased price of fuel for both transportation and for heating/cooling school facilities.
RATIONALE: The Resolutions Committee recommends this proposal be approved with two amendments. The intent of the resolution is to restore state financial aid for local district transportation services. In the past, the legislature had set a goal of funding 100% of regional and 50% of local district transportation. Regional aid was cut substantially in FY 02 and local district aid was eliminated entirely at the same time. The resolution, as amended, would require full funding of all regional and local district transportation aid rather than just local district aid.

A second proposal within the resolution was deleted and referred to the Executive Director for redrafting as a separate item and directions to forward it to the Board of Directors.
Accordingly, the following resolution is proposed to meet the intent of this action.

Resolution 5—Funding for Unbudgeted Transportation, Fuel, and Electrical Costs
Sponsored by the MASC Resolutions Committee

WHEREAS according to member district data submitted to and analyzed by MASC in 2006, Massachusetts school districts were forced to absorb unbudgeted expenses of more than $110 million for fuel, energy, and transportation related expenses; and

WHEREAS these unbudgeted expenses were, in large measure, caused by disruption of access to natural resources and by sharp increases in prices for petroleum products and natural gas used to provide heating oil and gasoline and to power electrical plants; further, these price increases resulted from unanticipated world market conditions and natural disasters including Hurricane Katrina; and

WHEREAS the precipitating economic and natural events took place after July, 2005 and occurred months after school districts had completed their Fiscal Year 2006 budgets, and
WHEREAS school districts will continue to be at the mercy of events beyond their control that have the effect of generating deficits in budgeted line items and jeopardizing local school budgets;

THEREFORE BE IT RESOLVED that MASC file legislation that would require the Commonwealth to track catastrophic increases in fuel and utility-related expenses upon school districts in future years and report the impact of such changes to the General Court, and, further, that the General Court be required to provide funds to ameliorate the impact of such unanticipated increases in fuel and utility related expenses that occur after deadlines for completing local school budgets.

Rationale: By the time the Delegate Assembly meets, it will be too late in the year for the legislature to appropriate funds to compensate for the budget deficits of the previous fiscal year. However, while MASC continues to seek a supplemental budget for FY 06 deficits, this resolution would require the Commonwealth to track future catastrophic post-budget increases and the legislature to provide additional state aid to these districts.