10-13-2024 4:48am

Beacon Hill Roll Call

Alan Earls Editor

Beacon
Hill Roll Call

Volume
49 - Report No. 41

October
7-11, 2024

By
Bob Katzen

GET
A FREE SUBSCRIPTION TO MASSTERLIST – Join more than 22,000 people,
from movers and shakers to political junkies and interested citizens,
who start their weekday morning with MASSterList—the popular
newsletter that chronicles news and informed analysis about what’s
going on up on Beacon Hill, in Massachusetts politics, policy, media
and influence. The stories are drawn from major news organizations as
well as specialized publications.

MASSterlist
will be e-mailed to you FREE every Monday through Friday morning and
will give you a leg up on what’s happening in the blood sport of
Bay State politics. For more information and to get your free
subscription, go to: https://massterlist.com/subscribe/

THE
HOUSE AND SENATE. There were no roll calls in the House or Senate
last week. This week, Beacon Hill Roll Call looks at Question 2, one
of the five questions on the ballot that will be decided directly by
the voters in November.

The
question asks voters if they approve of a proposed law that would
eliminate the current requirement that in order to get a high school
diploma, a student must pass the Massachusetts Comprehensive
Assessment System (MCAS) tests in mathematics, science, technology
and English. This requirement would be replaced by a requirement that
the student complete coursework certified by the student’s district
as demonstrating mastery of the competencies contained in the state
academic standards in mathematics, science and technology and
English, as well as any additional areas determined by the Board of
Elementary and Secondary Education.

WHAT
SUPPORTERS SAY: “The Massachusetts Teachers Association (MTA) and
the other supporters of Question 2 were certainly pleased to see
polling indicative of strong public support for replacing the MCAS
graduation requirement with a more authentic assessment of students’
academic work and achievement,” MTA President Max Page and Vice
President Deb McCarthy told Beacon Hill Roll Call last week. “Between
now and election day, we will just keep doing what we have been doing
all year: talking to voters. Thousands of classroom educators have
knocked on doors and made phone calls, explaining what Question 2
does and listening to stories from people adversely affected by the
MCAS graduation requirement.”

“Opponents
of Question 2 are attempting to mislead the public into thinking the
ballot measure eliminates the MCAS altogether or dismantles our
state’s high academic standards,” said Page and McCarthy. “Both
claims are false. MCAS exams fulfill a federal requirement, and the
ballot question does not seek to end their use. MCAS exams will
continue to be given just as they are now, and the tests will yield
the same data.”

The
pair continued, “The state’s uniform academic standards exist
independently of the assessment tool. In fact, educators will be able
to more fully immerse students in standards-based content once [they
are] free to better diversify teaching strategies that accommodate
all learning styles. Public education needs to focus on preparing
students for the workforce, higher education and career training.
Our partners in the business world and from colleges and universities
tell us we accomplish those goals by developing students’ abilities
to be critical thinkers, problem solvers and team players. The
standardized MCAS exams do not focus on those skills and should not
be a tool used to hold back students.”

WHAT
OPPONENTS SAY: “Having a single, statewide standard for graduation
has raised expectations in ways that have resulted in greater equity
and achievement for all students,” Dom Slowey, spokesman for the
Vote No on 2 campaign told Beacon Hill Roll Call last week.
“Massachusetts has risen in the national rankings to first in the
nation in student achievement. Graduation rates have risen and
dropout rates have fallen. Question 2 would remove our only
statewide graduation standard. Nothing will replace it. The only
statewide requirement left will be that students participate in four
years of gym, and that districts offer - but students are not
required to pass - history and civics. Massachusetts would have
less rigorous high school graduation requirements than Mississippi
and Alabama.”

Slowey
continued, “If we remove this key graduation requirement, it will
result in more than 300 different and unequal standards for high
school graduation across the commonwealth leading to haphazard
assessments of student readiness for college and careers and even
wider inequities in student achievement and opportunities. Some
school districts will just adopt lower standards so students
‘graduate’ even if they haven’t learned the knowledge and
skills they need to succeed. It’s not fair to kids to grant
diplomas when they aren’t yet ready to graduate.”

“If
students cannot pass basic assessments in math, English or science,
the answer is not to eliminate the standard. Rather than lowering the
academic standard for all students, the focus should be on ensuring
students who are struggling get the help they need. The vast
majority of students pass the 10th grade assessment and are awarded
diplomas. Annually, the number of students who don’t graduate is
about 700 out of more than 70,000 graduates. Put differently, only 1
percent of high school graduates do not graduate on time because they
have not passed the MCAS. High school students have several chances
to pass the test between 10th and 12th grade. The state also provides
numerous accommodations for students with disabilities, English
learners and other students who need them, so they are not
disadvantaged.”

OFFICIAL
ARGUMENTS: Here are the official arguments, gathered by the secretary
of state, for each side of the question.

IN
FAVOR: Written by Shelley Scuggs, Parents Volunteer of the
Massachusetts Teachers Association, https://massteacher.org/

“A
‘Yes’ on Question 2 gives all students the opportunity to thrive
and reach their full potential. We all agree that high standards help
keep our public schools great, and assessments are needed to ensure
that students master the knowledge and skills to succeed in life
after high school. However, the MCAS is a one-size-fits-all exam that
fails to measure other student achievement measures such as GPA,
coursework and teacher assessments in determining if a student is
allowed to graduate.

Replacing
the MCAS graduation requirement with more comprehensive measures will
allow teachers to stop teaching to a test and unburden students from
a make-or-break standardized test. Voting ‘Yes’ will allow
schools and teachers, together with parents and students, to focus on
the most important skills and knowledge to help students succeed in
life, rather than having to focus on only those skills that can be
measured on a standardized test.”

AGAINST:
Written by Protect Our Kids’ Future: Vote ‘No’ on 2,
www.protectourkidsfuture.com

“Question
2 is unfair to kids and will increase inequality. Some school
districts will just adopt lower standards so students ‘graduate’
even if they haven’t learned the knowledge and skills they need to
succeed. It’s not fair to grant diplomas to kids who aren’t yet
ready to graduate. If students cannot pass basic assessments in math,
English or science, we adults should do the hard work to get them up
to speed. Instead of supporting kids, Question 2 would abandon them.

Question
2 would remove our only statewide graduation standard. Massachusetts
would have less rigorous high school graduation requirements than
Mississippi and Alabama. Question 2 is a radical and untested
proposal and should be rejected. Significant changes to our education
system should be carefully studied, designed and implemented by
experts to ensure these policies are actually better for our kids.”

ALSO
UP ON BEACON HILL

CHANGE
COLUMBUS DAY TO INDIGENOUS PEOPLES DAY (S 1976 and H 2989) – Sen.
Jo Comerford (D-Northamtpon) is urging the Legislature to take
further action on her bill that would change
Columbus Day to Indigenous Peoples Day in Massachusetts.
The measure would require that the day be “observed
by the people, with appropriate exercises in the schools and
otherwise, to acknowledge the history of genocide and discrimination
against Indigenous peoples, and to recognize and celebrate the
thriving cultures and continued resistance and resilience of
Indigenous peoples and their tribal nations.” Rep. Christine Barber
(D-Somerville) sponsored the same proposal in the House.

The
bill was given a favorable report by the Committee on State
Administration and Regulatory Oversight on June 24 and added to the
House calendar agenda on July 29 – where it has remained without
further action. The same piece of legislation also died in the House
during the 2021-2022 session.

“Christopher
Columbus did not discover the Americas,” said Comerford. “That
myth — steeped in racism and violence — has allowed generations
to credit a European man with discovering a land already teeming with
societies.
Indigenous
communities and tribal nations in the commonwealth and across the
United States call us to act. It is thanks to their courageous truth
telling that we recognize the legacy of colonization, in the name of
Columbus, as one not worthy of memorialization or celebration.
Massachusetts is one of only 16 remaining states to still observe the
second Monday in October officially as Columbus Day. Currently 34
states and territories recognize the day in a different way or not at
all, with some observing Native American or Indigenous Peoples Day in
addition to or in replacement of Columbus Day.

Comerford
continued, “In 2021, President Joe Biden formally commemorated
Indigenous Peoples Day on the second Monday in October with a
presidential proclamation, becoming the first U.S. president to do
so.
We
must rename Columbus Day as Indigenous Peoples Day — a holiday to
honor those who first settled this land. This will pay rightful
tribute to the contributions of Indigenous peoples in Massachusetts
-- past, present, and future.

DON’T
MISS THIS HEALTH CARE EVENT - The Steward Health Care bankruptcy has
shocked Massachusetts' healthcare system, creating challenges and
raising questions about the future of primary care, urgent care and
behavioral health.

On
Oct. 30, join top executives, legislative leaders, regulators and
advocates for a discussion on the system's vulnerabilities and
potential policy solutions at the Massachusetts Continuing Legal
Education (MCLE) Conference Center in Boston. This event is hosted by
the State House News Service and MASSterList.

More
information/register: https://www.eventbrite.com/e/urgent-treatment-mass-health-care-after-steward-tickets-1038286622237?aff=oddtdtcreator

GUN
LAW REPEAL EFFORT – A
group calling itself the Civil Rights Coalition announced it
collected more than 90,000 signatures in its effort to repeal the
law, approved by the Legislature and signed by the governor in July,
that changed some of the state’s gun laws. The group needed
to collect 37,287 signatures and file them with local city and towns
clerks by October 9 as the first step toward getting the repeal
question on the November 2026 ballot. Sponsors then have until
October 23 to file the signatures with the Secretary of State’s
office which will decide if there are sufficient certified signatures
to qualify for the November 2026 ballot.

Provisions
of the new law include cracking down on untraceable "ghost
guns;" banning firearms in additional public spaces like
schools, polling places and government buildings; expanding the
2018 "red flag" law that allows school administrators and
licensed health care providers to petition a court to temporarily
take firearms away from someone deemed a threat to themselves or
others; closing loopholes that allow the modification of legal
firearms into illegal automatic weapons; and providing a legacy
clause so all firearms legally owned and registered in Massachusetts
as of the effective date of the bill will continue to be legal and
may be bought and sold within the state.

Gov.
Healey recently attached an emergency preamble to the law. The
emergency preamble makes the law take effect immediately instead of
on Oct. 23 as originally scheduled. Healy’s move came on the heels
of the announcement of the campaign to repeal the law.

Under
the Massachusetts Constitution, if a ballot campaign collects a
certain number of signatures, it can prevent the implementation of a
law without an emergency preamble from taking effect until voters
weigh in on whether to repeal it. The emergency preamble prevents
suspension of the law while still allowing the repeal campaign to
take place.

"This
emergency preamble that was signed was done so in an effort to
suppress a right that is enshrined in our Bill of Rights," said
Toby Leary, the
leader of the coalition to repeal the law.
"That should never be allowed. It should never be able to
stand."

"This
is about ensuring that we're ready to go in terms of implementation,”
responded Healey. “The system is there. It's a democracy. You can
go to your Legislature and you can advocate for policy and advocate
for laws, and that's the way the system works."

"We've
got a lot of work ahead of us,” said Leary. “We've got
legal action that will be coming, and we've got a long way to go. I
believe this will be a two-year civics lesson for the people of
Massachusetts when they see what their politicians have done. It's
our turn to remind them you need to comply with your oath of office.
Let's make the oath of office great again."

Leary
also hinted that his group is weighing legal options to challenge the
governor’s action. "We don't want to tip our hand exactly as
to what we're doing, but yes, we are exploring all options. I do
believe the governor acted outside of the constitutional provisions,"
Leary said. "No doubt, under Article 48, there's a provision
there for a governor to sign an emergency preamble. However, the way
in which it was done for purely political purposes to suppress a
right [is something] I believe the courts would look very unfavorably
on."

CHILD
CUSTODY (S 2961) – The Senate approved and sent to the House a bill
that supporters say would
simplify and modernize child custody jurisdiction laws in the Bay
State.

Supporters,
noting Massachusetts is the only one of the 50 states that has not
opted into this law, argued the pact will make the Bay State’s
interstate custody laws consistent with the 49 other states. They
noted the bill would create clear
rules that would be established for multi-state custody cases,
prioritizing the home state of the child and ensuring Massachusetts
courts can work effectively with courts in other states, nationally
and in other countries for international child custody orders.

“I’m
proud that the Massachusetts Senate passed my legislation to bring
Massachusetts in line with the rest of the nation by enacting the
Uniform Child Custody Jurisdiction and Enforcement Act,” said
sponsor Sen. Cynthia Stone Creem (D-Newton).
“I
am grateful to have the support of the Boston Bar Association, the
Massachusetts Bar Association, and the Massachusetts chapter of the
American Academy of Matrimonial Lawyers behind this important bill.”

“Today’s
legislation aims to simplify a process that is already difficult for
children and families,” said Senate President Karen Spilka
(D-Ashland). “Bringing Massachusetts in line with other states
nationally will enhance the wellbeing of people going through this
process and give families clarity in their path forward.”

The
Senate approved similar bills in 2016 and 2018 but the bills died in
the House from inaction.

ADDITIONAL
$600,000 TO FUND DIAPERS FOR CHILDREN PROGRAM
- The
Massachusetts Association for Community Action (MASSCAP) announced
that it has been awarded $600,000 in federal funds to extend for
another year, the federal diaper pilot program that provides diapers
for low-income families. The $600,000 is on top of the original $1.2
million grant that funded the program for two years. MASSCAP has
operated the program with 16 agencies across Massachusetts and
Connecticut to distribute over two million diapers to low-income
families.

“The
continuance of resources … signals a definitive recognition that
this is a very real issue for countless families experiencing low
incomes,” said Joe Diamond, MASSCAP Executive Director. “However,
in Massachusetts, more than one third of families struggle to afford
enough diapers, meaning we are limited in the number of families we
can reach with this award.”

“Our
resources support the inclusion of less than half of our agencies
across the state, but all of our statewide network has indicated they
have a need for diapers. Participating agencies in our network are
currently operating their programs at [full] capacity and hold long
waitlists,” said Colleen Cullen, MASSCAP’s Grants and Compliance
Director. “We applaud the federal government for recognizing the
need, but this funding only begins to scratch the surface.”

MASSCAP
also urged passage of state legislation that would create a diaper
program funded and operated by the state. The two bills (H 149 and S
104) were given a favorable report by the Children, Families and
Persons with Disabilities Committee but have been stuck in the House
Ways and Means Committee since February 15.

"Access
to diapers is a critical need for families across the commonwealth
and no caregiver should have to make compromises because a basic
necessity like diapers is unaffordable,” said Sen. Joan Lovely
(D-Salem) who sponsored the bill in the Senate. “[The bill] would
be a major step in supporting the caregivers of the commonwealth by
expanding access to free diapers through food pantries, providing
much-needed relief for our low-income families’ need."

ATTORNEY
GENERAL CAMPBELL FILES LAWSUIT AGAINST TIK TOK - Massachusetts
Attorney General Andrea Campbell has filed a lawsuit in Suffolk
Superior Court against TikTok for intentionally designing its social
media platform to be addictive and harmful to young users and
deceiving the public about its efforts to keep its platform safe.

The
lawsuit alleges this violates the state’s consumer protection laws
and has contributed to a youth mental health crisis among the
hundreds of thousands of young people in the Bay State who use
TikTok’s platform.

“Massachusetts
will not tolerate a future where companies exploit the
vulnerabilities of young people for profit,” said Campbell.
“Today’s lawsuit further demonstrates my office’s focus on the
wellbeing of our children by laying out arguments that TikTok,
primarily driven by greed, designed technology that leads young
people to become compulsive and addicted users of the platform,
harming their wellbeing and contributing to the ongoing youth mental
health crisis across our country.”

QUOTABLE
QUOTES

CHARLIE
RETURNS - Former
Bay State Gov. Charlie Baker spoke
at the UMass Club last week about his work as president of the
National Collegiate Athletic Association (NCAA), the organization
that regulates student athletics at some 1,100 schools in the United
States, and one in Canada. Baker began his duties at the NCAA in
March 2023 following his decision not to run for a third term as
governor.

While
the speech and Q&A session focused on the NCAA, Baker was asked
several times about his possible return to politics. Here are some of
his responses:

“If
someone told me, literally, in October of '22, rolling into the end
of my term... you're going to be president of the NCAA, I would have
said, 'yeah right.' So, I never rule anything out.”

"I'm
not old enough to run for president, I'm only turning 68 this year."

"I'm
not here to talk about [who I am voting for in the presidential
race].”

"I'm
here to talk about college sports and the NCAA, and that's why I'm
here. I'm not here to talk about other stuff.”

“I
think we live in really challenging times, and it's important [for]
really good people to step up [and consider running for elective
office].”

HOW
LONG WAS LAST WEEK’S SESSION?

Beacon
Hill Roll Call tracks the length of time that the House and Senate
were in session each week. Many legislators say that legislative
sessions are only one aspect of the Legislature’s job and that a
lot of important work is done outside of the House and Senate
chambers. They note that their jobs also involve committee work,
research, constituent work and other matters that are important to
their districts. Critics say that the Legislature does not meet
regularly or long enough to debate and vote in public view on the
thousands of pieces of legislation that have been filed. They note
that the infrequency and brief length of sessions are misguided and
lead to irresponsible late-night sessions and a mad rush to act on
dozens of bills in the days immediately preceding the end of an
annual session.

During
the week of October 7-11, the House met for a total of 29 minutes and
the Senate met for a total of 32 minutes.

Mon.
Oct. 7 House 11:01 a.m. to 11:21 a.m.

Senate
11:06 a.m. to 11:25 a.m.

Tues.
Oct. 8 No House session

No
Senate session

Wed.
Oct. 9 No House session

No
Senate session

Thurs.
Oct. 10 House 11:00 a.m. to 11:09 a.m.

Senate
11:07 a.m. to 11:20 a.m.

Fri.
Oct. 11 No House session

No
Senate session

Bob
Katzen welcomes feedback at bob@beaconhillrollcall.com