Chapter 188. AN ACT IMPROVING THE PUBLIC SCHOOLS OF THE COMMONWEALTH. Be it enacted, etc.. as follows: SECTION 1. The purpose of this act is to ensure educational excellence and equity for all students in elementary and secondary schools of cities and towns, regional school districts and independent vocational schools of the commonwealth. This act is intended to increase accountability of teachers and students, provide resources for creative educational improvements at the local level and provide resources to equalize educational opportunity. It is further intended that funds provided under this act should be used to augment, not replace, current and future educational spending at the local level. SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35E the following section:- Section 35F. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the School Improvement Fund, to improve the quality of education at the school building level. Said fund shall consist of all monies appropriated therefor in each fiscal year and shall be allocated and expended pursuant to the provisions of section fifty-one of chapter fifteen. Notwithstanding the provisions of section nine B of chapter twenty-nine, all monies appropriated to said fund shall be made available for distribution upon appropriation. SECTION 3. Section IE of chapter 15 of the General Laws is hereby amended by striking out the third paragraph, as appearing in the 1984 Official Edition, and inserting in place thereof the following paragraph:- The chairperson of the board shall be appointed by the governor. SECTION 4. Section 1G of said chapter 15, as so appearing, is hereby amended by adding the following three paragraphs:- The board shall develop guidelines for establishing programs for expanded responsibilities for teachers. Such guidelines and requirements may include, but not be limited to, training of teachers, developing curricula, providing special assistance to dropouts or potential dropouts, and serving as in-service instructors or consultants. In order to provide financial incentives for qualified teachers and to encourage the improved utilization of teaching resources by school committees, the board, subject to appropriation, shall award grants of up to two thousand five hundred dollars per teacher, for teachers who shall undertake such expanded responsibilities; provided, however, that the total dollar amount of grants to a school district in any fiscal year shall be no higher than two thousand dollars multiplied by six per cent of the teachers within the district. For purposes of such grants, teachers who perform such expanded responsibilities shall be known as "Horace Mann teachers". Deductions for retirement, as required under section twenty-two of chapter thirty-two, shall not be made for money awarded as grants to teachers in expanded roles under this section. In determining retirement allowances under sections five, six, seven, or nine of said chapter thirty-two regular compensation shall not include grants awarded under this section. The board shall promulgate regulations which establish the principles to be used by school committees for the evaluation of teachers and administrators. Such regulations shall provide for the observation of classroom performance of teachers to ensure that teachers possess language and communication skills and maintain competence in their teaching subjects. Such regulations shall provide that administrators possess and develop skills in resource and personnel management and in academic planning. Nothing in this section shall prevent a school committee from providing for more rigorous or stringent evaluation of teachers and administrators than is required by such regulations. SECTION 5. Section 1G of chapter 15 of the General Laws is hereby amended by inserting after the fourteenth paragraph, as appearing in section 2 of chapter 572 of the acts of 1965, the following three paragraphs :- The board of education shall set criteria for a minimum state standard for school districts within the following parameters: in the academic year in which a school district evaluates its success in meeting its objectives, a school district will be deemed not to have met the minimum criteria if the failure rate on the basic skills test is fifty per cent or more above the state average; and if the scores on the curriculum assessments are twenty per cent or more below state norms; and if the annual drop out rate is fifty per cent or more above the previous year's rate for that school district and; if the ratio of teachers to students is twenty per cent or more below the state average. Forthwith upon the adoption of such criteria, the said board shall file a copy thereof with the clerks of the senate and house of representatives who, with the approval of the president of the senate and the speaker of the house of representatives, shall refer such criteria to an appropriate committee of the general court. Within thirty days after such filing, the said committee shall hold a public hearing on the criteria, shall issue a report, and file a copy thereof with the board of education. Said board shall adopt final criteria making such revisions in the interim regulations as it deems appropriate in view of such report and shall forthwith file a copy of the criteria with the chairpeople of the committee of the general court to which the interim regulations were referred and not earlier than thirty days after the date of such filing, the board of education shall file the final criteria with the state secretary and said criteria shall thereupon take effect. The board may determine the manner in which all or part of state funds allocated under chapter seventy to the municipality or municipalities constituting the school district shall be withheld until such time as the district is meeting the board standard. SECTION 6. Said chapter 15, as so appearing, is hereby further amended by adding the following twelve sections:-Section 49. The board is authorized and directed to gather information, herein specified, for the purpose of evaluating individual public schools and all school systems. All information filed pursuant to the following two paragraphs shall be filed in the manner and form prescribed by the department. Each school district shall be reimbursed for reasonable costs incurred thereby in accordance with section sixty. Each school committee shall file the following information with the department every year: an outline of the curriculum and graduation requirements of the district; pupil/teacher ratios and class size policy and practice; teacher and administrator evaluation procedures; statistics, policies, and procedures relative to truancy and dropouts; statistics, policies, and procedures relative to expulsions and in-school and out-of-school suspensions; per cent of school-age children attending public schools; racial composition of teaching and administrative staff. Each school committee shall file a description of the following instructional procedures and programs with the department every year: art and music programs; programs for gifted and talented students; adult education programs; library and media facilities; condition of instructional materials including textbooks, workbooks, audio-visual materials, laboratory materials; types and condition of computers and computer software; basic skills remediation programs; drug and alcohol abuse programs. The board shall assess annually all schools and school districts on the basis of a comprehensive analysis of the data compiled pursuant to this section and of the results of the testing programs required in section fifty. Such assessment shall be part of the basis for awarding equal educational opportunity grants and other educational assistance grants provided by the commonwealth. The board shall annually provide the results of this analysis to school districts and shall make such results available to the public. Section 50. The board shall conduct a statewide testing program to improve curriculum and instruction and to identify those students needing assistance in mastering basic skills. To improve curriculum and instruction, the board shall test all students, at three grade levels to be determined by the board, in major curriculum areas. The curriculum testing shall be conducted biennially by the board with the assistance of each school district, on a date set by the board. The results of the curriculum testing shall be reported at the school level where feasible, and at the school district and statewide levels. Such results for all school districts shall be made available to the public. The results shall provide sufficient data for comparison at the national level. To identify students with basic skills deficiencies and to determine which students need remediation, the board shall annually test all students at grade three, at a later elementary grade, and at a secondary grade to be determined by the board, for mastery of basic skills in reading, writing, mathematics and such other areas as the board determines. Basic skills tests shall be uniform statewide tests conducted by the board with the assistance of each school district, on a date set by the board. The board shall compile the results of the basic skills test at the school, school district and statewide levels, and, except as otherwise provided in this section, shall make the results available to the public. The board shall establish standards for determining mastery on the basic skills tests. School districts may establish higher standards for mastery of the basic skills tests than those standards established by the board. The tests conducted pursuant to this section shall reflect no racial, ethnic or cultural bias. No student shall be tested twice within the same half school year pursuant to this section. The results of tests conducted pursuant to this section for any individual shall not be made available to the public. Notwithstanding the provisions of section seven of chapter four, all test questions and answers, scoring keys and other test data prepared and used by the board in conducting tests under this section shall be exempt from disclosure until the results of the tests have been reported. Parents or guardians of students in special education programs may waive, on behalf of such students, the testing requirements of this section, after such parents or guardians and students have been informed in writing of the consequences of such a waiver. The board shall be responsible for the development of all tests required under this section and shall deliver at no cost to each school district an amount of test instruments sufficient to permit the testing of each student required to be tested under this section. The results of both the curriculum testing and basic skills testing required by this section shall be a part of the basis for the annual assessment by the board of each school and school district, as provided for in section forty-nine. Each school district shall administer all tests required pursuant to this section in accordance with the instructions of the board, and shall be reimbursed for reasonable costs incurred thereby in accordance with section sixty of this chapter. Section 51. The board shall allocate such funds as are appropriated to the School Improvement Fund, established under the provisions of section thirty-five F of chapter ten, to each school building containing any of the grades from kindergarten to six, inclusive, in the fiscal year nineteen hundred and eighty-six, and in every school building containing any of the grades from kindergarten to twelve, inclusive, in the fiscal year nineteen hundred and eighty-seven and each fiscal year thereafter, which has filed information set forth in section forty-nine of chapter fifteen in the following manner: an amount of money equal to the total number of full-time equivalent students in grades kindergarten to six, or kindergarten to twelve in attendance there during the preceding school year multiplied by ten dollars in the fiscal year nineteen hundred and eighty-six and each fiscal year thereafter. Funds appropriated by the board shall be deposited with the town, city or regional treasurer in a separate account for expenditure by the councils pursuant to this section. The proceeds of the fund shall be used, at the school building level, to establish innovative academic programs, expanded services to students, purchase of instructional equipment, alternative education programs, cultural education programs, community or parental involvement programs, business and education partnership programs, staff training, or for any other purposes consistent with the intent of this section. Such funds shall not be used for current operating costs, supplies, utilities, existing building and equipment maintenance, existing staff salaries and wages, or to supplant current school costs. At each school the expenditure of said funds shall be determined exclusively by a council consisting of the school principal who shall serve as chairman; three teachers, elected annually by the teachers of the building; two parents of children attending said school building chosen in elections held annually by the local parent-teacher organization under the direction of the principal of such school or, if none exists chosen by the school committee, and one person who is not a parent of a child attending said school building, appointed by the school committee. To the extent possible said councils shall be broadly representative of the racial and ethnic diversity of the school building and community. All decisions of the local school improvement council regarding the expenditure of funds under this section shall be submitted to the school committee who may veto same by a majority recorded vote. If no such vote is rendered by the committee within thirty days of receipt of said decision, it shall be assumed to be approved. Should the school committee veto a decision of the local school improvement council, said matter shall not be re-submitted for a period of one year from said veto. Decisions of the local school improvement council shall not be subject to chapter one hundred and fifty E, provided, however, that such expenditures or decisions of said councils shall not be in violation of local collective bargaining contracts in existence at the time of passage of this act; and provided, however, that decisions of the local school improvement council regarding matters brought before it, including, but not limited to the expenditure of funds under this section, shall not interfere with any power, authority or statutory obligation lawfully vested in any school committee. All members of the school improvement council shall be subject to the provisions of chapter two hundred and sixty-eight A and shall not be subject to the provisions of chapter two hundred and sixty-eight B. The operation of the councils shall be subject to the provisions of section eleven A one-half of chapter thirty A, sections thirty-five to forty-six A, inclusive, of chapter forty-four and section ten of chapter sixty-six. The council shall annually submit a complete and detailed report of expenditures of funds under this section to the commissioner of education by the end of the school year. The department shall prepare and distribute to each school superintendent and school improvement council a report specifying the use of school improvement funds statewide. Section 52. The board shall establish an essential skills discretionary grant program. The board may make grant awards to school districts with high concentrations of low income students, high concentrations of students deficient in basic skills, or high concentrations of students likely to drop out of school, as determined by the board for basic skills remediation programs or dropout prevention programs. The board shall primarily use the statewide basic skills test results in determining recipients of essential skills grants under this section for basic skills remediation programs. Basic skills remediation programs may provide supplemental instructional materials, additional teachers or teachers aides, counseling or guidance personnel, remedial instruction and tutoring, extended day tutorial programs, and enhanced instruction within the regular classroom and other classrooms to students in grades one through nine. Said board shall solicit proposals for the basic skills remediation program. Applications shall include: a statement of need, of how funds will be targeted to students in need of basic skills remediation, and of how local efforts will be evaluated. School committees shall use the statewide basic skills test as part of their program evaluation but may use other criteria as well. Dropout prevention programs may include counseling programs to improve school discipline, work-study or cooperative education, alternative education part-time employment and school-to-work transition programs. The board shall solicit proposals for dropout prevention programs for students in grades seven to twelve, inclusive. Applications shall include a statement of need, program objectives and implementation, program evaluations, and proposed linkages with business, labor, higher education and other agencies. Proposals which provide matching funds from local, federal and private sources shall be given priority. Each school committee applying for funds for a dropout prevention program shall appoint an advisory council comprised of parents, teachers, administrators and representatives of business, labor, higher education and other community agencies. Council members shall be broadly representative of the racial and ethnic diversity of the commonwealth. The advisory council shall assist in the development of the application proposal and in program implementation. The board shall evaluate proposals, provide technical assistance. Programs and services provided under this section shall supplement, not supplant, programs and services provided under chapters seventy-one A, seventy-one B, and seventy-four. Seventy-five per cent of funds appropriated for the essential skills grant programs shall be allocated to the basic skills remediation programs, and twenty-five per cent of said funds shall be allocated to dropout prevention programs. Section.53. The board shall establish, within the division of curriculum and instruction in the department of education, an office for the gifted and talented. Said office may provide technical assistance, curriculum, materials, consultants, support services and other services to schools and school districts. Section 54. The board shall establish an early childhood discretionary grant program. The board annually may award grants to school committees to develop innovative early childhood education programs in the following three areas: pre-kindergarten programs for three and four year old children, enhanced kindergarten and transitional first grade classes, and programs which seek to develop creative approaches to combining early childhood education and day care. Such combined programs may include, but not be limited to, extended day programs and day care programs in schools. In the case of transitional classrooms, no child shall be required to participate in such classroom beyond age six without the permission of parents or guardians. Programs approved under the provisions of this section shall be funded for a two year period, subject to appropriation. At least seventy-five per cent of the funds appropriated for grants awarded under this section shall be allocated to programs serving low income sites, as determined by the board. Criteria for determining what constitutes a low income site shall include, but not be limited to, the same criteria which are used to qualify schools for Chapter 1 of the Federal Education Consolidation and Improvement Act of 1981. Funds under this provision shall be used to assist current pre-kindergarten programs or to supplement and establish new programs in pre-kindergarten, kindergarten and transitional first grade. The board shall establish standards for pre-kindergarten programs which meet or exceed the existing office for children standards for programs which serve three and four year old children in whole and half day programs. School committees applying for funds under this grant program shall appoint an advisory council comprised of a principal, teacher, parent, a member of the local resource and referral agency and others with experience in the care and education of young children. Council members shall be broadly representative of the racial and ethnic diversity of the community. The council :hall develop a proposal for funds which shall be approved by the school committee. School committees may contract with other public and private agencies for services, provided that any teacher employed by the contracting school committee in pre-kindergarten, kindergarten and transitional first grade classes is not displaced as a result of such contract. Proposals which describe linkages with other human service agencies and which seek to combine a number of funding sources shall be given priority by the board. Other agencies and programs may include, but are not limited to, state and federal nutrition programs, public health programs, and state funded day care programs. Applications for said grants shall include the following: a statement of need, a description of unmet needs and existing resources, program objectives and implementation plan, evaluation and dissemination components, contractual arrangements with other service providers, and linkages and funding arrangements with other public or private agencies. Applications shall also describe how such programs will interact with programs for children with special needs. The board shall establish an early childhood office which shall have the following functions: developing program standards for early childhood programs, providing technical assistance to school committees, conducting program evaluations, and, jointly with bureau of teacher certification, developing certification standards for early childhood teachers. The board shall appoint a state advisory council on early childhood education. Members of the advisory council may include, but are not limited to, teachers, parents, representatives of state human service agencies, day care agencies, higher education, business, labor and government. Council members shall be broadly representative of the racial and ethnic diversity of the commonwealth. The advisory council shall be charged with conducting a comprehensive study of future trends in early childhood education and day care, including the provision of services to children from birth to age three, and shall report their findings to the board by January first, nineteen hundred and eighty-seven, and each year thereafter. In addition, the advisory council shall review early childhood program evaluations, certification and program standards, and make recommendations to the board on needed program changes. The board shall report on the progress of the early childhood grant program and make recommendations to the general court by filing the same with the clerk of the house of representatives and the clerk of the senate on or before June thirtieth, of each year. Section 55. The board shall grant awards for educational achievement hereinafter referred to as REACH awards. Award recipients shall be selected based on the assessments of school systems required by section fifty and each year shall be made to six school districts according to the following cycle: in fiscal nineteen hundred and eighty-eight and every third year thereafter awards shall be made in the category of kindergarten through sixth grade, in fiscal nineteen hundred and eighty-nine and every third year thereafter awards shall be made in the category of seventh and eighth grades, and in fiscal nineteen hundred and ninety and every third year thereafter awards shall be made in the category of ninth through twelfth grades. Each category shall contain three divisions comprised of school systems under the jurisdiction of cities, towns and regional school districts whose per capita incomes are as follows: Division A, per capita incomes of thirty-nine hundred dollars to sixty-five hundred and ninety-nine dollars; Division B, per capita incomes of sixty-six hundred dollars to seventy-nine hundred and ninety-nine dollars; and Division C, per capita incomes of eight thousand dollars or more. Per capita income ranges shall be adjusted by the board in accordance with decennial revisions in state per capita income so as to maintain, as nearly as possible, the original population balance among the categories. Within each division each year awards shall be granted for best overall educational performance and for the most improved educational performance based on system-wide school performance in the grade level category being considered in that year. Section 56. The governor shall appoint a nine member council, known as the state educational technology advisory Council, to advise the board and department of education. The membership of the council shall be representative of the racial, ethnic, and cultural diversity of the commonwealth, and shall include, but not be limited to, representatives of the public schools, higher education, and business, who are involved in the use of computers in education. Members of the council shall be appointed for terms of three years, except that of the first members appointed, three shall serve for one year, three shall serve for two years, and three shall serve for three years. Members may be reappointed. Members shall serve without compensation. The council shall seek to foster the appropriate use of computers in instruction by making recommendations to the board relative to the development of a state plan for the use of computers in instruction; keeping abreast of technological changes with implications for the use of computers in education; seeking private sector support for the use of computers in public education in the commonwealth; monitoring the implementation of computer technology in instruction; recommending the standards of approval of school district plans for the use of educational technology; recommending guidelines under which school districts and schools may contract with nonprofit corporations for advice, consultation and assistance relative to the use of computers in instruction; and issuing annual reports to the general court and the public on its activities. The board, subject to appropriation, may award grants to school districts to assist them in the purchase of instructional materials related to technology. Applicants for such grants must present a plan to the board for the use of such instructional material. In order to provide for a comprehensive program for the provision and beneficial use of technology in the public schools, there is hereby established a trust fund to be managed by the board of education, which shall be known as the Educational Technology Trust Fund and into which shall be credited funds received from any corporation, whether public or private, and from any government. Upon receipt, such funds shall be deposited in the state treasury and credited to the trust fund and, subject to appropriation, may be expended by the board for the purposes of this section after consultation with the state educational technology advisory Council. Section 57. The board shall establish an instructional materials grant program to provide financial assistance to school districts for the purchase of textbooks, workbooks, audio-visual materials, library books and materials, laboratory kits, and other instructional materials. Grants shall be awarded to those districts in need of assistance as determined by the board following inventories of such materials conducted by the board from time to time. In awarding grants under this section, the board shall give priority to school districts receiving equal educational opportunity grants pursuant to chapter seventy A. Section 58. The board shall establish a unit designated as the leadership academy which shall provide training to school principals and other supervisory personnel. Such training shall include, but not be limited to: training in personnel evaluation methods, techniques for developing cooperative relationships with parents and community organizations, school based management skills and curriculum development. Section 59. The board shall establish a Lucretia Crocker dissemination program for the purpose of replicating and disseminating exemplary educational programs throughout the commonwealth. For the purpose of this section "exemplary educational programs" shall mean programs which have been shown to advance academic and creative achievement, create a better school climate, expand services to students or provide alternative learning environments. Nominations of exemplary programs shall be made to the board by local school committees. Said board may contract with a nonprofit or public institution which has knowledge and experience in evaluating and disseminating exemplary educational programs for the purposes of validating nominated programs. Upon the validation of nominated exemplary programs said board shall develop dissemination strategies which shall include the awarding of fellowships to public school teachers for sabbatical leaves to perform technical assistance, training, and monitoring necessary to ensure that programs are successfully transferred from school to school and system to system; and the granting of funds for the replication and distribution of materials used in exemplary programs. The annualized amount of the fellowship shall not exceed the annual salary of the recipient and shall be awarded in place of and not in addition to the recipient's salary. The governor shall appoint an advisory council to assist the board in the implementation of the Lucretia Crocker Program. The advisory council shall consist of five deans of graduate schools of education in the commonwealth. Members of the council shall serve for three year staggered terms and may be reappointed provided however that of those first appointed, one member shall serve for one year, two shall serve for two years and two shall serve for three years. Members shall serve without compensation. Section 60. The commissioner of administration shall convene a working committee made up of his own designee, a designee of the commissioner of education and a designee of the local government advisory committee to establish guidelines for purposes of reimbursing cities and towns for the reasonable costs associated with the implementation of sections forty-nine and fifty of this chapter and section thirty-eight of chapter seventy-one. Such guidelines shall be filed by the working committee with the house and senate committees on ways and means and shall become effective only upon approval by said committees. Reimbursements of costs made pursuant to such guidelines shall constitute complete satisfaction of the obligation of the commonwealth to assume such costs pursuant to any general or special law. SECTION 7. Section 7 of said chapter 15A is hereby amended by adding the following two paragraphs:- The board of regents, subject to appropriation, shall establish a commonwealth scholars program for the purpose of providing grants to high school seniors who are planning to attend an institution of higher education within the commonwealth. Said board of regents shall establish rules and regulations for the program, including the levels of academic, leadership, extracurricular, and other achievement needed to qualify as a commonwealth scholar. Based upon such rules and regulations, the board of education shall nominate as commonwealth scholars public and private high school students from each school district. Each student who qualifies as a commonwealth scholar shall receive a grant of up to one thousand dollars. Said board of regents, subject to appropriation, shall establish a Massachusetts teacher incentive program, for the purpose of providing grants for the cost of education, including tuition and fees, for students in institutions of higher education within the commonwealth who agree to teach on a full time basis within a public educational system located in the commonwealth, for a period to be determined by the board. Said board shall institute and maintain learning contracts for all students admitted in the teacher incentive program, which shall include provisions for "payback" service for a period commencing after such students have fulfilled all graduation requirements, or for repayment to the commonwealth of the full amount of such grants on terms established by said board. Said board shall promulgate regulations governing the administration of the teacher incentive program, including the establishment of eligibility criteria based upon the indexed financial need of the student. SECTION 8. Said chapter 15A is hereby amended by inserting after section 7 the following section:- Section 7A. The board of regents, subject to appropriation, shall establish a program entitled the "teaching learning corps". The program shall provide school districts choosing to participate, which contain a significant proportion of low-income students or a significant proportion of students deficient in basic skills, as determined by the board of education with college students as instructional aides. Instructional aides shall assist teachers in instructional activities during regular school programs or extended day programs, but shall not replace existing school personnel. Funds provided under this section shall be used first to provide matching funds for work-study college students, and in the case where work-study students are not available, to hire college students not enrolled in work-study programs. The board of regents, in cooperation with the board of education, shall promulgate rules and regulations for said program, including selection criteria for public school sites, cooperative agreements between colleges and public schools, yearly program evaluation procedures, program duration standards, and other rules. SECTION 9. Subdivision (5) of section 16 of chapter 32 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The provisions of this section relative to the right of any member to a hearing or to the right of review by the district court shall not apply to any teacher or principal or superintendent of schools employed at discretion or any superintendent employed under a contract, for the duration of his contract, or any principal or supervisor, who has been dismissed, demoted, or removed from a position by a vote of a school committee under the provisions of section forty-two, forty-two A or section sixty-three of chapter seventy-one. SECTION 10. Chapter 63 of the General Laws is hereby amended by inserting after section 38J the following section:- Section 38K. In determining the net income subject to tax under this chapter, a domestic or foreign corporation organized under chapter one hundred and fifty-six or under chapter one hundred and fifty-six B may deduct, in addition to any other allowable deduction under this chapter, an amount equal to fifty per cent of the cost to such taxpayer, but in no case exceeding fifty per cent of the fair market value, of computer hardware, computer software or other instructional equipment donated to and accepted by the commonwealth, a political subdivision thereof, or any organization exempt from taxation by the federal government pursuant to section 501(c)(3) of the internal revenue code that provides elementary or secondary education in the commonwealth which is for use in such programs of elementary or secondary education. SECTION 10A. Section thirty-eight K of chapter sixty-three of the General Laws is hereby repealed. SECTION 11. Chapter 70 of the General Laws is hereby amended by striking out section 6, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:- Section 6. The aid paid to any city or town under this chapter in the fiscal year ending June thirtieth, nineteen hundred and eighty-three shall not be less than one hundred and seven per cent of the amount due said city or town during the fiscal year ending June thirtieth, nineteen hundred and seventy-nine under the provisions of this chapter. This amount shall be termed the chapter seventy minimum guarantee for the fiscal year ending June thirtieth, nineteen hundred and eighty-four. In the fiscal years ending June thirtieth, nineteen hundred and eighty-four to June thirtieth, nineteen hundred and ninety-three, inclusive, the chapter seventy minimum guarantee of any city or town shall be the chapter seventy minimum guarantee of such city or town in the preceding fiscal year less an amount equal to ten per cent of the chapter seventy minimum guarantee for such city or town in the fiscal year ending June thirtieth, nineteen hundred and eighty-three. This shall not apply to any regional school district or independent vocational school. The chapter seventy minimum guarantee of any regional school district or independent vocational school shall be the chapter seventy guarantee received in the fiscal year ending June thirtieth, nineteen hundred and eighty-four. SECTION 12. The General Laws are hereby amended by inserting after chapter 70 the following chapter:- CHAPTER 70A. Section 1. The purpose of the equal educational opportunity grant provided by this chapter is to accelerate the achievement of the objectives set forth in section one of chapter seventy and to assist such cities, towns, regional school districts or independent vocational schools to achieve the minimum expenditure requirements set forth in section seven of said chapter seventy prior to the date such requirements will become effective under the provisions of said section. Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Average direct service expenditure per pupil in regular day programs in cities, towns and regional school districts of the same classification of school districts", the sum of the total expenditures, including expenditures from federal funds made available under 20 USC 238, for all pupils enrolled in regular day programs in public schools in all cities, towns and regional school districts of the same classification of school district in the commonwealth during a fiscal year, divided by the total of the sums of full time equivalent pupils enrolled in regular day programs in all cities, towns, and regional school districts of such same classification of school district during said year; provided, however, that the numerator of the fraction described in this paragraph shall include expenditures for instructional services, attendance services, health services, fixed charges, and food services only. Expenditures for administration, athletic and other student activities, plant operation and maintenance, capital outlays, transportation, and food for food services shall not be included in the numerator of said fraction. "Average direct service expenditure per pupil in vocational education programs in cities, towns, regional school districts, and independent vocational schools of the vocational schools classification of school districts", the sum of the total expenditure, including expenditures from federal funds made available under 20 USC 238, for all pupils enrolled in vocational education programs in public schools in all cities, towns, regional school districts and independent vocational schools of the vocational schools classification of school district in the commonwealth during a fiscal year, divided by the total of the sums of full time equivalent pupils enrolled in vocational education programs in all cities, towns, regional school districts and independent vocational schools of such vocational schools classification of school district during said year; provided, however, that the numerator of the fraction described in this paragraph shall include expenditures for instructional services, attendance services, health services, fixed charges, and food services only. Expenditures for administration, athletic and other student activities, plant operation and maintenance, capital outlays, transportation, and food for food services shall not be included in the numerator of said fraction. "Classification of school district", a group of cities, towns, regional school districts or independent vocational schools which offer similar academic or vocational programs and which maintain classes in a similar number of grades. Such classifications shall be as follows: (1) nonoperating district, those cities and towns which do not maintain a public school; (2) grades kindergarten through twelfth, regional vocational school member, those cities and towns which maintain classes in academic programs in grades kindergarten through the twelfth and are also members of a regional school district; (3) grades kindergarten through twelfth, not a regional vocational school member, those cities and towns which maintain classes in academic programs in grades kindergarten through the twelfth and also maintain their own vocational education programs; (4) elementary, those cities, towns and regional school districts which maintain classes in academic programs in elementary grades only; (5) high school, those cities, towns, regional school districts and independent vocational schools which maintain academic programs in high school grades only; and, (6) vocational schools, those cities, towns, regional school districts and independent vocational schools which maintain classes primarily in programs leading to a vocational education. "Equal educational opportunity grant for a fiscal year", for the fiscal year ending June thirtieth, nineteen hundred and eighty-six, the sum received in that fiscal year pursuant to the first sentence of section four; for any subsequent fiscal year, the excess of the entire grant received in that year pursuant to section four over the grant received pursuant to section four in the previous fiscal year. "Sum of weighted full time equivalent pupils, in cities, towns or regional school districts in classification of school districts other than vocational schools", the number of full time equivalent pupils enrolled in regular day, special needs, vocational or transitional bilingual education programs multiplied by the pupil weight cost factor for the program or programs in which the pupil is enrolled as set forth in section two A of chapter seventy, except that a full time equivalent pupil enrolled in a transitional bilingual education program in accordance with the provisions of chapter seventy-one A and the regulations promulgated thereunder shall be assigned a pupil weight of 2.00 and the additional weight for low income pupils shall be 1.00. "Sum of weighted full time equivalent pupils in cities, towns, regional school districts and independent vocational schools in the vocational school classification of school districts", the number of full time equivalent pupils enrolled in regular day, special needs, vocational or transitional bilingual education programs multiplied by the pupil weight cost factor for the program or programs in which the pupil is enrolled as set forth in section two A of chapter seventy, except that a full time equivalent pupil enrolled in a vocational education program shall be assigned a pupil weight of 1.00 and a pupil enrolled in a transitional bilingual education program in accordance with the provisions of chapter seventy-one A and the regulations promulgated thereunder shall be assigned a pupil weight of 2.00 and the additional weight for low income students as determined by the board shall be 1.00. For the purpose of this chapter the definitions set forth in section two of chapter seventy shall apply. Section 3. The commissioner of education shall annually on or before December first, calculate (1) the minimum amount which each city, town, regional school district and independent vocational school would have been required to expend during the preceding fiscal year for the direct service expenditures for pupils in public school, (a) if such minimum had been the product of eighty-five per cent of the average direct service expenditure per pupil in regular day programs in all cities, towns and regional school districts of the same classification of school districts, except vocational schools, multiplied by the sum of weighted full time equivalent pupils in each such city, town or regional school district, or (b) if such minimum had been the product of eighty-five per cent of the average direct service expenditure per pupil in vocational education programs in cities, towns, regional school districts and independent vocational schools of the vocational schools classification of school district multiplied by the sum of weighted full time equivalent pupils in each city, town, regional school district or independent vocational school, and (2) the actual amount so expended. Immediately after completing the calculations required, the said commissioner shall determine and certify to the commissioner of administration (1) each city, town, regional school district or independent vocational school in which the actual amount expended was less than the minimum amount which should have been expended and (2) an amount equal to the difference between the minimum amount which should have been so expended and the actual amount so expended. Section 4. One-sixth of the amount determined to be the difference between the minimum amount which should have been expended and the actual amount so expended as calculated pursuant to section three shall be made available by the department as an equal educational opportunity grant in the fiscal year ending June thirtieth, nineteen hundred and eighty-six, to each city, town, regional school district or independent vocational school which is certified as provided in the last paragraph of section three. In the fiscal year nineteen hundred and eighty-seven, and in each fiscal year thereafter, the amount of the grant shall be equal to the total of the amount of the grant in the preceding fiscal year and an additional amount for the current fiscal year equal to one-sixth of the amount so determined for the most recent year in accordance with section three, between the minimum amount which should have been so expended and the actual amount so expended. The equal educational opportunity grant shall be deposited with the treasurer of such city, town, regional school district or independent vocational school to be expended by the school committee, without further appropriation, for the purpose of increasing direct service expenditures for pupils in public schools. Section 5. Each city, town or district, which accepts, by majority vote of both the school committee and the appropriating authority of such city or town, and each regional school district which accepts by majority vote of the school committee and by majority vote of two-thirds of the appropriating authorities of the member towns and cities an equal educational opportunity grant made available under the provisions of section four shall expend for direct service expenditures for pupils in public school in the current year, an amount which is at least as great as the sum of (1) the product of the number of weighted full time equivalent pupils for the current year multiplied by the amount expended per weighted full time equivalent pupil in the preceding fiscal year, including amounts received under the provisions of section four in that year, and (2) a proportionate share of the excess of the sum of any in- crease in the total of school aid and additional assistance received by such city, town, or regional school district and any increase in the property tax levy in such city or town in the current fiscal year over the sum of increases in the costs of debt service, court judgments, and pensions in the current fiscal year over the preceding fiscal year; or an amount sufficient to reduce by one-third the difference between the minimum amount of direct service expenditures as determined by the commissioner of education under section three and the actual amount expended in the preceding fiscal year for direct service expenditures by such city, town, or regional school district. For the purposes of this paragraph, "proportionate share" shall mean the proportion which (a) direct service expenditures for pupils in public schools in the preceding fiscal year less the total amount received pursuant to section four in said preceding fiscal year bears to (b) the sum total of school aid and additional assistance received by such city, town, or regional school district in said preceding fiscal year and the total property tax levy of such city or town in said preceding fiscal year. In order for a city, town or district which does not qualify for an equal educational opportunity grant under the provisions of section four in the fiscal year nineteen hundred and eighty-six to so qualify in any fiscal year thereafter such city or town must expend in the fiscal year nineteen hundred and eighty-six and in each fiscal year thereafter an amount which is at least as great as the sum of (1) the product of the number of weighted full time equivalent pupils for the current year multiplied by the amount expended per weighted full time equivalent pupil in the preceding fiscal year and (2) a proportionate share of the excess of the sum of any increase in the total of school aid and additional assistance received by such city or town and any increase in the property tax levy in such city or town in the current fiscal year over the sum of increases in the costs of debt service, court judgments, and pensions in the current fiscal year over the preceding fiscal year. For the purposes of this paragraph, "proportionate share" shall mean the proportion which total expenditures for all pupils in all programs, as defined in section two of chapter seventy, in the preceding fiscal year bears to the sum of the total of school aid and additional assistance received by such city or town in the preceding fiscal year and the total property tax levy of such city or town in the preceding fiscal year. In order for a regional school district or independent vocational school which does not qualify for an equal educational opportunity grant under the provisions of section four in the fiscal year nineteen hundred and eighty-six to so qualify in any fiscal year thereafter, such regional school district or independent vocational school shall expend in the fiscal year nineteen hundred and eighty-six and in each fiscal year thereafter an amount per weighted full time equivalent pupil not less than the amount per such pupil expended in the preceding fiscal year and any increase in the total of school and regional school aid received by such regional school district or independent vocational school in that fiscal year. In cases where unusual changes in enrollment or educational costs occur and the requirements of the preceding paragraph would impose an undue fiscal hardship on a city or town or the cities or towns which are members of a regional school district, such city, town or district may appeal to the commissioner of education for a remedy. Such remedy may include, but not be limited to a one-year waiver of the requirements Of the preceding paragraph. Section 6. Notwithstanding the provisions of section seven of chapter seventy of the General Laws, no city, town, regional school district or independent vocational school shall have its school aid reduced pursuant to the provisions of said section seven for any fiscal year in which it receives an equal educational opportunity grant. SECTION 13. There is hereby established a professional development grant program for the purpose of supplementing teacher compensation in cities, towns, and regional school districts, educational collaborative or independent vocational schools. Each city, town or regional school district, educational collaborative or independent vocational school shall receive, subject to appropriation, as hereinafter provided, a professional development grant; provided, however, that such city, town or regional school district has accepted the provisions of this section. Cities and towns may accept the provisions of this section by a majority vote of the school committee and the appropriating authority. Regional school districts may accept the provisions of this section by a majority vote of the regional school committee and approval of two-thirds of the appropriating authorities of the member cities and towns. On or before February fifteen, nineteen hundred and eighty-six the commissioner of education shall distribute an amount not to exceed nineteen million nine hundred and fifty thousand dollars to cities, towns, and regional school districts. The purpose of such distribution shall be to award professional development grants. The amount awarded to a city, town, regional school district, educational collaborative, or independent vocational school shall be the amount nineteen million nine hundred and fifty thousand dollars multiplied by a fraction, the numerator of which shall be the number of pupils enrolled in the day program of the city, town, or regional school district and the denominator of which shall be the total number of pupils enrolled in day programs of all cities, towns, and regional school districts, educational collaboratives and independent vocational schools. On or before August fifteen, nineteen hundred and eighty-six the commissioner of education shall distribute an amount not to exceec seventeen million and one hundred thousand dollars to cities, towns, anc regional school districts, educational collaboratives and independem vocational schools. The purpose of such distribution shall be to aware professional development grants. The amount awarded to a city, town oi regional school district, educational collaborative, or independen' vocational school shall be the amount seventeen million and one hundret thousand dollars multiplied by a fraction, the numerator of which shal be the number of pupils enrolled in the day program of the city, town regional school district, educational collaborative, or independen vocational school and the denominator of which shall be the total numbe of pupils enrolled in day programs of all cities, towns, and regional school districts, educational collaboratives and independent vocational schools. On or before February fifteen, nineteen hundred and eighty-seven the commissioner of education shall distribute an amount not to exceed fourteen million and two hundred and fifty thousand dollars to cities, towns, and regional school districts, educational collaboratives and independent vocational schools. The purpose of such distribution shall be to award professional development grants. The amount awarded to a city, town, regional school district, educational collaborative or independent vocational school shall be the amount fourteen million and two hundred and fifty thousand dollars multiplied by a fraction, the numerator of which shall be the number of pupils enrolled in the day program of the city, town, or regional school district and the denominator of which shall be the total number of pupils enrolled in day programs of all cities, towns, regional school districts, educational collaboratives and independent vocational schools. On or before August fifteen, nineteen hundred and eighty-seven the commissioner of education shall distribute an amount not to exceed eleven million and four hundred thousand dollars to cities, towns, regional school districts, educational collaboratives and independent vocational schools. The purpose of such distribution shall be to award professional development grants. The amount awarded to a city, town, regional school district, educational collaborative or independent vocational school shall be the amount eleven million and four hundred thousand dollars multiplied by a fraction, the numerator of which shall be the number of pupils enrolled in the day program of the city, town, regional school district, educational collaborative or independent vocational school and the denominator of which shall be the total number of pupils enrolled in day programs of all cities, towns, regional school districts, educational collaboratives and independent vocational schools. Professional development grants shall be deposited with the treasurer of such city or town to be expended by the school committee, without further appropriation, for teacher compensation for school teachers employed in any public school in the commonwealth, except persons in training and those employed as temporary substitutes. Any such grant so made available to a regional school district, educational collaborative or independent vocational school shall be deposited with the treasurer of such district or school to be expended for the purpose of teacher compensation. Said grants shall be apportioned by the school committee or board subject to an agreement negotiated between said school committee, educational collaborative board or board of trustees of independent vocational schools and the appropriate employee organization pursuant to the provisions of chapter one hundred and fifty E of the General Laws. SECTION 14. Section 38 of chapter 71 of the General Laws is hereby amended by adding the following four paragraphs:- Subject to the collective bargaining provisions of chapter one hundred and fifty E, the school committee may designate each year Horace Mann teachers who meet the requirements and guidelines developed by the board of education pursuant to section one G of chapter fifteen. Any position designated as a Horace Mann teacher shall be included in an appropriate teacher collective bargaining unit. Each year the school committee may designate Horace Mann teachers who meet the requirements and guidelines developed by the board of education; provided, however, that a teacher may not be designated as a Horace Mann teacher more than two consecutive years. The school committee shall, by means of a comprehensive evaluation, evaluate the performance of all teachers and administrators within its school district, using the principles of evaluation established by the board of education pursuant to section one G of chapter fifteen, such principles shall be free of racial or cultural bias. School committees shall evaluate teachers and administrators not serving at discretion every year and shall evaluate teachers and administrators serving at discretion at least once every two years. The procedures for conducting such evaluations shall be subject to the collective bargaining provisions of chapter one hundred and fifty E. The results of such evaluations may be used in decisions to dismiss, demote or remove a teacher or administrator pursuant to sections forty-two, forty-two A and sixty-three. Each school district shall conduct evaluations of teachers and administrators in accordance with the regulations of the board and shall be reimbursed for reasonable costs incurred thereby in accordance with section sixty of chapter fifteen. SECTION 15. Section 38G of chapter 71 of the General Laws is hereby amended by adding the following paragraph:- The board shall further require that all persons seeking to meet the requirements for certification under this section shall have successfully passed a standardized exam in his or her teaching subject field, a standardized exam of communication and language skills and shall have successfully completed a seminar on teaching skills and methods. SECTION 16. Section 40 of said chapter 71, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentences:- The compensation of each teacher, except a person in training and except a person employed as a temporary substitute, upon a majority vote of the respective school committee and the appropriating authority or, in the case of a regional school district, upon acceptance as provided hereafter, shall be at a rate of not less than eighteen thousand dollars for school years commencing after July first, nineteen hundred and eighty-five. In the case of a regional school district, acceptance shall require the approval of two-thirds of the appropriating authorities of the municipalities in such regional school district. SECTION 17. Any city, town, regional school district, educational collaborative or independent vocational school district which employs teachers at salaries below eighteen thousand dollars and which accepts the minimum salary provisions of section forty of chapter seventy-one of the General Laws for school years commencing after July first, nineteen hundred and eighty-five shall receive a minimum teachers salary grant from the commonwealth in fiscal years nineteen hundred and eighty-six and nineteen hundred and eighty-seven equal to the cost incurred by such city, town or regional school district during said fiscal years as a result of increasing to eighteen thousand dollars the salary of each teacher whose salary was below that level prior to July first, nineteen hundred and eighty-five. Any city, town, regional school district, educational collaborative or independent vocational school which employs teachers at salaries below eighteen thousand dollars and which accepts the minimum salary provisions of section forty of chapter seventy-one of the General Laws for school years commencing after July first, nineteen hundred and eighty-six, shall receive a minimum teachers' salary grant from the commonwealth in fiscal year nineteen hundred and eighty-seven equal to the cost incurred by such city, town or regional school district during said fiscal year, as a result of increasing to eighteen thousand dollars the salary of each teacher whose salary was below that level prior to July first, nineteen hundred and eighty-five. SECTION 18. Said chapter 71, as so appearing, is hereby further amended by striking out section 42 and inserting in place thereof the following section:- Section 42. The school committee may dismiss any teacher, but no teacher and no superintendent, other than a union superintendent and the superintendent of schools in the city of Boston, shall be dismissed unless by a two-thirds vote of the whole committee. A teacher not employed at discretion under section forty-one and who has been teaching for more than ninety days shall not be dismissed for any reason unless at least fifteen days, exclusive of customary vacation periods, prior to the meeting at which the vote is to be taken, he shall have been notified of such intended vote and, if he so requests, he shall have been furnished by the committee with a written statement of the cause or causes for which the dismissal is proposed and if he so requests, he has been given a hearing before the school committee at which he may be represented by counsel, present evidence and call witnesses to testify in his behalf and examine them, and the superintendent shall have given the committee his recommendation thereon. In every such town a teacher or superintendent employed at discretion under section forty-one or a superintendent employed under a contract, for the duration of his contract, shall not be dismissed, except for inefficiency, incompetency, incapacity, conduct unbecoming a teacher or superintendent, insubordination or other good cause, nor unless at least thirty days, exclusive of customary vacation periods, prior to the meeting at which the vote is to be taken, he shall have been notified of such intended vote; nor unless, if he so requests, he shall have been furnished by the committee with a written charge or charges of the cause or causes for which his dismissal is proposed; nor unless, if he so requests, he has been given a hearing before the school committee which may be either public or private at the discretion of the school committee and at which he i be represented by counsel, present evidence and call witnesses to tes in his behalf and examine them; not unless the charge or charges s have been substantiated; not unless, in the case of a teacher, superintendent shall have given the committee his recommendati thereon. The change of marital status of a female teacher superintendent shall not be considered cause for dismissal under 1 section. Neither this section nor section forty-one shall affect the ri; of a committee to dismiss a teacher whenever an actual decrease in number of pupils in the schools of the town renders such act advisable. In case a decrease in the number of pupils in the schools o town renders advisable the dismissal of one or more teachers, a teacl who is serving at the discretion of a school committee under secti forty-one shall not be dismissed if there is a teacher not serving discretion whose position the teacher serving at discretion is qualified fill. No teacher or superintendent who has been lawfully dismissed sh; receive compensation for services rendered thereafter. SECTION 19. Section 42 A of said chapter 71, as so appearing, hereby further amended by inserting after the word "inefficiency", line 5, the word:- , incompetency. SECTION 20. Sections seven and seven A of chapter sixty-five of th acts of nineteen hundred and eighty-four are hereby repealed. SECTION 21. Notwithstanding the provisions of section thirty-eight ( of chapter seventy-one of the General Laws, the board may authoriz school committees to employ as apprentice teachers for a maximum o two years, candidates for certification who have earned a bachelor's o higher degree from an accredited college or university, with honors, oi the equivalent and who have met the subject matter requirements in th< teaching field established by the board. SECTION 22. The board of education is hereby authorized and directed to prepare and present to the governor and to the joint committee on education, no later than December thirty-first, nineteen hundred and eighty-five, a management plan for the department of education, reflecting the role of the department as a service provider to local school districts, assessing the use of existing staff and resources, addressing the responsibilities and requirements placed on the department of education by the provisions of this act, and recommending any legislation necessary for implementing said management plan. SECTION 23. Upon the adoption by the board of education of any regulations promulgated pursuant to the provisions of this act, said board shall file a copy thereof with the clerk of the house of representatives who shall refer such regulations to an appropriate committee of the general court for review. Within thirty days after such filing, the said committee shall hold a public hearing on the regulations, shall issue a report, and file a copy thereof with the board of education. Said board shall adopt final regulations making such revisions in the interim regulations as it deems appropriate in view of such report and shall forthwith file a copy of the regulations with the chairpersons of the committee of the general court to which the interim regulations were referred. No earlier than thirty days after the date of filing, the board of education shall file the final regulations with the state secretary and the said regulations shall thereupon take effect. SECTION 24. Upon the adoption by the board of regents of any regulations promulgated pursuant to the provisions of this act, said board shall file a copy thereof with the clerk of the house of representatives who shall refer such regulations to an appropriate committee of the general court for review. Within thirty days after such filing, the said committee shall hold a public hearing on the regulations, shall issue a report, and file a copy thereof with the board of regents. Said board shall adopt final regulations making such revisions in the interim regulations as it deems appropriate in view of such report and shall forthwith file a copy of the regulations with the chairpersons of the committee of the general court to which the interim regulations were referred and not earlier than thirty days after the date of such filing, the board of regents shall file the final regulations with the state secretary and the said regulations shall thereupon take effect. SECTION 25. For purposes of this act, "public elementary and secondary school", shall include public schools in all cities, towns, regional school districts, independent vocational schools, educational collaboratives, public agricultural schools maintained by the counties of Bristol, Essex and Norfolk and Smith's Agricultural School. "School committee" shall include school committees in all cities, towns and regional school districts, local and district trustees for vocational education, educational collaborative boards and boards of trustees for the county agricultural schools. "Superintendent" shall include the chief appointed executive officer of each school district. SECTION 26. Amounts received by a city, town, or regional school district pursuant to this act shall be included in the determination required of the commissioner of revenue by section twenty-five A of chapter fifty-eight of the General Laws. SECTION 27. There is hereby established a special commission to study the levels and manner of compensation of public elementary and secondary school teachers in the commonwealth. The commission shall be comprised of nine members, four of whom shall be appointed by the governor, three of whom shall be members of the house of representatives appointed by the speaker including the house chairman of the joint committee on education, and two of whom shall be members of the senate appointed by the president including the senate chairman of the joint committee on education. The commission's work shall include an analysis of the level and manner in which teachers are compensated in the commonwealth, minimum salary requirements including health, retirement, and vacation benefits, and a comparison of teacher salaries and benefits in the commonwealth with teacher salaries and benefits in other states. The commission shall file a report, including recommendations for legislation, with the clerk of the house of representatives on the last Wednesday of December nineteen hundred and eighty-six. SECTION 27A. There is hereby established a special commission to consist of three members of the senate, five members of the house of representatives, and five members to be appointed by the governor, for the purpose of making an investigation and study relative to the granting of awards for educational achievement and the effectiveness of local school improvement councils. Said commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives no later than April fifteenth, nineteen hundred and eighty-seven. SECTION 28. Notwithstanding any other provision of this act to the contrary, during fiscal year nineteen hundred and eighty-six neither the department of education nor the board of education shall approve or commit to the expenditure of any funds pursuant to any provision of this act until monies sufficient for that purpose have been made available pursuant to an expenditure or transfer of funds from the reserve account established by line item 1599-3418 of section two of chapter one hundred and forty of the acts of nineteen hundred and eighty-five in accordance with a schedule approved by the house and senate committees on ways and means; and in no event shall the total amount of expenditures so approved or committed to by the board or the department exceed the amounts provided for such purposes in said schedule. SECTION 29. The first curriculum testing required by section fifty of chapter fifteen, as inserted by section four of this act, shall be made no later than June first, nineteen hundred and eighty-six. The first basic skills testing required by said section fifty shall be made no later than December first, nineteen hundred and eighty-six. SECTION 30. Section three of this act shall take effect on February twenty-eighth, nineteen hundred and eighty-six. Section five shall take effect on September first, nineteen hundred and eighty-seven. Section ten of this act shall take effect on January first, nineteen hundred and eighty-six, and shall apply to taxable years commencing on or after that date. Section ten A of this act shall take effect on December thirty-first, nineteen hundred and eighty-eight. Approved July 23, 1985. EMERGENCY LETTER: July 24, 1985 @ 11:23 A.M.