Proposed early literacy regulations now open for public comment

My laptop ran out of battery power at last week's Board of Ed meeting, so there were two sections I didn't cover: the Commissioner's evaluation, which I do not think I can summarize, and the proposed early literacy regulations. 

Those regulations have now been released for public comment per the Board vote last week. As I noted way back when I wrote about this in February of 2024, how we teach reading has become a crusade: the old way must be entirely vanquished and no one who REALLY cares about children would think otherwise.

It is, of course, not that simple, as teaching humans usually is not the simple.

Massachusetts, unfortunately, rather than learning from the early adopters of this crusade--Mississippi, anyone?--has barreled ahead, and now we have a law that mandates that all early elementary students be taught from the curricula described in the law and no other. Waivers, while provided by the law, were, the Board was told last week, only rarely going to be granted.*

This now necessitates regulations. Note that the regulations are being put before the Board:

• despite the actual list of curricula that qualifies not yet being available (it appears to not yet fully exists)
• despite the free curricula that DESE is required to provide to the estimated 40% of districts that will have to switch curricula not yet being available

Thus we do not really know what it is we're responding to. There is not--no, really not--an anathema definition so clear we all can know without further information what is included. And keeping in mind that it is "three cuing" that is barred, something we includes, and I am not making this up, suggesting that children might look at the pictures in their books, we are in a realm of akin to "Alice in Wonderland." One feels a bit as if one is talking to the Caterpillar when one listens to this being described. 

the Tenniel illustration via Project Gutenberg**

In any case, now is the time to comment on the proposed regulation. 

*this led to a rare mention of school committees by the Board; there was a question as to if school committees would have to vote for a district to pursue a waiver. It appears some Board members wanted this to be required, as they were under the impression that having the district have to make pursuing a waiver public would be unpopular.
Those under this impression greatly are misled about the relative popularity of the Department versus most local school committees with their local communities. 
**yes, I am well aware of the subtext here. No, I am not implying anything additional here. 

Board of Ed for October: graduation standards

There is this memo which isn't particularly revelatory, but then there is a large PowerPoint that is not online. As the memo says:

The agency is currently developing guidance and tools to support districts towards full implementation of the proposed graduation framework. 

I am again going to point out that "fully implementing" a "proposed framework" that has yet to go through a legislative process makes no sense.

"the agency setting conditions to change practices in the field" is the theme of this year, says Commissioner Martinez

introducing MyCap and MassCore
And then hearing from researchers

regulations that the Department will bring forward for discussion next month on what?

"clarification" says Woo, that regulations proposed next month will set up requirements for what schools "must offer," not what individual students must complete

There is a Board of Ed meeting on Tuesday

 And you can find the agenda here.

The out-of-the-ordinary part of the piece of this is that they are meeting in Williamsburg at the Anne T. Dunphy School. For those not familiar, Williamsburg is northwest of Northampton, and it is quite lovely! I recommend visiting sometime, 'though perhaps not for a Board of Ed meeting; don't miss the general store. 

The meeting will start at 9:30, presumably so those making their way west can find it (I will observe here that the heavy traffic actually goes east, and yet, somehow, those are the meetings that start at 9).

In any case...the State Student Advisory Council is sharing their goals for the year, one assumes via student member Sara Khan, who is president of the group. Also on the agenda is the Commissioner's evaluation, and the proposed regulations on literacy.

There is also "K–12 Statewide Graduation Standards: Foundational Coursework and Postsecondary Planning" as an item. I will be interested to see if that notes that the graduation report is a proposal that requires legislative action to move forward--more on that this weekend--and not a done deal, as it has been framed by the Commissioner to date.

None of the above has any backups (which is unusual at least for the regulations, such that I wonder if that is an oversight) as of Friday evening at 6 PM. 

These are Worcester trees,
but I imagine we'll get to enjoy some pretty trees on the drive to Williamsburg.

Board of Ed: literacy law implementation

 They're now adding a meeting to Monday night at 6 PM

there's a report here but there's also a PowerPoint which I wonder if we will get
anticipate bringing regulations in October as law "is quite prescriptive"
we're doing some retrospective stuff

curricular requirements:

June 2026 Board of Ed: translation and interpretation regulation

backup is here; public comment summary is here; redline is here 

Martinez notes there's no money attached to this
strategic about what is in regs; "want to be nimble"
"not intended to create a significant financial burden to any of our districts"
balancing making sure that our children's needs are being met

June 2025 Board of Ed: special education regulations

 You can find the backup here, summary of public comment here, and the redline version here. 

Martinez, in introducing the topic, notes the intended move of special education from DoE to HHS at the federal level, stressing that it makes it that much more important that Massachusetts have strong laws and regulations to protect students.

1. amend definition of individualized education program to reference state law, which aligns with federal law
2. add new section on discipline procedures for eligible students; incorporating provisions in federal law

changes made in response to public comment:

• ESL staff specifically listed as required to be trained (already required for all staff, anyway)
• consideration of English learners' needs in IEP dvelopment
• "change in placement" definition streamlined
• definitions for "controlled substance," "illegal drug," "serious bodily injury," and "weapon" all directly from IDEA
• notices comply with state discipline law requirements
• language on appeal of a placement as a result of a disciplinary decision
• reference to state law regarding transmission of student records to law enforcement 

It's a two meeting week for the Board of Ed

 As a reminder: the Board has a special meeting tonight (Monday) at 5 PM virtually, specifically on the recently released graduation report. 

They have their regular June meeting tomorrow at 9 AM (yes, both agendas are a single page) in Everett. That agenda includes the end of the school year things--the Mitchell Chester award, the end of year report from the student rep from the State Student Advisory Council--along with some end of year informational reports (off agenda) including both the chronically underperforming schools report, and the non-operating school districts report (my personal favorite Massachusetts education trivia question!). 

There is also a report on civics education (you might remember this was a request of the chair at the last meeting) and a report on the operating conditions of Pioneer Valley Chinese Immersion Charter School, who the Commissioner is recommending being released from their current conditions but:

 While I recommend that the Board remove the current conditions, concerns remain about the board’s governance practices, such as an Open Meeting Law violation and other deficiencies in complying with the Open Meeting Law; inconsistent implementation of the board’s review and approval processes; and, based on review of board and committee meeting minutes and observations of board meetings, indications that board trainings have not led to improved governance practices or a clearer understanding of the role and responsibilities of the governing body. 

This is pretty interesting, as (as you would see if you searched their history on this blog), PVCICS has had what I'd call a storied history when it comes to their relationship with the state that charters them. Among other interchanges, they're the only example I remember of Paul Sagan, when he was chair, being utterly exasperated by something publicly, when they applied over the head of the Commissioner for an expansion that had been refused by the Commissioner. I would say that they have a culture of going their own way, so to speak. Speaking so directly to their governance is interesting. 

There are also two rounds of regulations up for vote: special education (which is aligning regulations with state and federal law) and interpretation and translation. I did a brief thread on my own comment on the proposed regs yesterday on Bluesky, but I do recommend reading the public comment summary overall. 

I won't be on for tonight's meeting, but I'll be posting tomorrow from Everett. 

Do they read all the comments? Yes! There's mine.

Recess for all

 New this morning, the American Academy of Pediatrics has issued today their first updated guidance on recess, and they're doubling down on its importance. From the AP's coverage: 

The group “has always supported play – free play for kids – but it’s been increasingly threatened over time,” partly by the drive for higher test scores, said Dr. Robert Murray, a lead author. “It has a very powerful benefit if it’s used to the fullest.”

The new guidance, published Monday in the journal Pediatrics, is similar to the previous policy statement but cites the latest research on why these breaks are essential for kids’ academic success and mental, physical, social and emotional growth.

You can read their full publication, which includes links to relevant research, here.  

I will opine only as I have before that there is a solid argument for Massachusetts counting recess as instructional time, which is the main holdup on increasing such time. That would take the Board of Ed passing a change to the time on learning regulations, 603 CMR 27.04.

April 2026 Board of Ed: Teacher licensure regulations

 Proposed final regulations are here

Martinez: recommends adoption of alternative pathway; three year implementation and evaluation
"BOLD five year plan" for diversification of pipeline
Abbott, Associate Commissioner of Educator Effectiveness
maintaining teacher quality: diverse, culturally responsive, well-prepared, and committed to continuous improvement 
working to expand the pipeline; effectively prepare and license; and sustain and retain
alternative licensure pathway waiving communication and literacy skills test
available for three years as Department studies impact and student outcome

four options to fulfill requirement:

1. completion of a Massachusetts-approved Educator Preparation Program
2. License from another state;
3. Master's/Doctorate from an accredited degree program;
4. 2 years of field-based experience and attestation from school or district leader

three implementation period and annual reporting to the Board on impact and progress
will come at no cost to candidates; will be able to take applications in a couple of weeks
first report to Board next spring; spring of 2028 (licensure and employment rates); early 2029 (success in classrooms) then Board will have to consider renewal
one piece of a larger set of initiatives

also technical amendments 

West: if we adopt this, who will still take the exam?
Anyone pursuing provisional licensure who don't have any of the other characteristics above

41% of educators on a waiver would theoretically be eligible

April 2026 Board of Ed: opening comments and Miliken Award

The Board of Ed has their regular April meeting today beginning at 9 AM. The agenda is here; the livestream will come up on their channel over here. 

flowers in downtown Boston yesterday

Today is the first meeting at which the new Secretary, Steve Zrike, will be present in that capacity. As a reminder, Zrike was Salem superintendent, though most of his appearances at the Board of Ed previously were in his prior-to-that position as Holyoke receiver. As an offhand observation, today is the eleventh anniversary of the Board voting the Holyoke Public Schools into receivership; I don't know if there's a balance to that or not. 

Also as a reminder, the Secretary is a single member and a single vote on the Board of Elementary and Secondary Education (as well as the two other education boards, Early Ed and Care, and Higher Ed), serving at the pleasure of the Governor, who appoints him*

I will update this post as we go

March Board of Ed: teacher licensure and preparation

 Hills: "a really good Board conversation broke out" when it was proposed 
anyone having an issues, we should postpone the vote until April
"and no, individually answering questions is not the same as the Board discussion"
yeah, there is an uncomfortable amount of offline discussion...

Martinez: good intentions within the law
part of a larger initiative
"this by itself will not solve it all"
make sure we're doing research on it, monitoring it

memo is here; summary of public comment is here 

if putting crucial student documents into a chatbot for translation

 ....and then potentially, after review, using them concerns you, you may wish to offer public comment on proposed new state regulations 603 CMR 57. The new regulations set standards, as required by state and federal law, for translators and interpreters. 

As proposed, however, 57.05(3) reads: 

(3) Machine translation may be used to translate a document so long as the translation is reviewed and edited as needed by a School Translator before the document is provided to a parent or legal guardian with limited English proficiency.

Remember, what we're talking about here are things like IEPs, 504s, documents having to do with students' education, rights, access, and more. They often contain private information. They always contain vocabulary that is very specific to education (something recognized elsewhere by the creation of levels in translation certification).  

This would allow for such documents to be dumped into generative AI bots, with no privacy protections, to become part of the universe on which such things draw. Such programs have been created from the theft of others' work--it thus conflicts with the many mentions of "ethics" elsewhere in the regulations. And the levels of accuracy, even if checked by a human, both makes more work for the humans involved while lessening the humanity of the translation. 

You can submit comment by filling out their form or sending an email to BESERegulationComments@Mass.gov by April 24 at 5 PM. 

Board of Ed for January: student records

 memo on this is here 

no public comment received, so no presentation

again, this is just aligning with the change to competency determination, definition of "transcript"
use more inclusive language 

Board votes approval

Board of Ed for January: seal of biliteracy

 up for vote for change in regulations

this is coming back from public comment, the summary of which is here

DESE is proposing two additional changes in response to public comment; the proposed final regulations are here

Board of Ed for November: proposed amendments to educator licensure

 strikethrough of proposal is here
memo is here

alternative licensure pathway
revised subject matter knowledge requirements
updates in various sections

October Board of Ed charter school audits

 asking for the Board to waive the requirement that charter schools submit single audit by November 1
prior to the government shutdown those single audit requirements were not updated
only for those that spend more than $750,000 of federal funding
other districts are not governed by a state statutory date; other districts are due nine months after the close of the fiscal year (so March)
November 1 is in regulation; January 1 is in state law
Curtin: Board doesn't have the authority to waive the statute
regulatory deadline of November 1 can be waived by Board

and adjourned

next meeting November 18

October Board of Ed: proposed regulatory updates

Both of these are taking "competency determination" out of the language: in the Seal of Biliteracy and in student records. The request today is to send the proposed regulation changes out for public comment through December 5, with this back before the Board at their January meeting.

Seal of Biliteracy
remove CD; clarify and streamline procedures for notification; transcripts, and terminology; pathways to demonstrate English proficiency; support equitable access

seeing numbers of students completing Seal of Biliteracy growing

Board of Elementary and Secondary Education: regional school regulation changes

 ..and you can see the backup here

Sullivan: technical, nothing controversial in the changes
received six comments
Strikethrough is here

June 2025 Board of Elementary and Secondary Education: Time out practices regulation vote

 and there is a memo here, and a summary of public comment here, 

Board does vote the delegation of authority on charter management as well as the Board schedule also on the agenda before moving to this item

additional proposed changes to the regulation based on public comment received
(for those who thought that never happened; it does!)

already proposed:

• updated definition of seclusion and timeout ("in an unlocked setting from which the student is permitted to leave")
• add requirements for any room used
• emergency circumstances under which a type of seclusion is allowed as a last resort
• build in safeguards for the above
• require approved special ed day programs to comply with update
• align documentation requirements

proposed changes stemming from public comment:

• implementation August 17, 2026 (rather than this September)
• language from safeguards moved to definitions
• clarification of emergency exception (in 46.07(2)

guidance on various topics outlined in public comment to come as well
multi-year professional development as well as funding to assist with implementation

Stewart asks about engagement with stakeholders: DESE has stakeholder groups of both families and of practioners
different schools and districts are in different places
different options for funding and for professional development for various

Hills: will vote in favor "with some trepidation"
concerned still don't know where districts are on this: some will not need to change anything, while it may be a big change for others
out of district placements may see largest changes as have the largest number of issues
support is based on year change of implementation
Moriarty: think there should be a deep look in the Department on intervention
"addressing problematic districts that do not see a problem...that is a compliance issue not a regulatory one"

regulation changes as proposed today pass unanimously

ADJOURNED 
Board is off for the summer, next scheduled to meet on September 30

May Board of Ed: competency determination

 Tutwiler: thank Curtin for him and his team for preparation of conversation; "your work is greatly appreciated"