1) The document discusses improving access to vocational education in Massachusetts. It notes that vocational schools help fulfill the state's need for middle-skilled workers and that vocational education benefits students and the economy.
2) The paper conducted a survey that found waiting lists at many vocational schools, indicating insufficient capacity. It analyzes factors contributing to the waiting lists such as underfunding of vocational schools.
3) The document explores Massachusetts' legal obligation to provide vocational education for all students and argues the current system may be violating students' rights by disproportionately denying students of color access to vocational programs. It provides recommendations to increase access to vocational education.
Original Description:
Report on improving access to vocational schools.
Original Title
Manufacturing Success: Improved Access to Vocational Education in Massachusetts (1)
1) The document discusses improving access to vocational education in Massachusetts. It notes that vocational schools help fulfill the state's need for middle-skilled workers and that vocational education benefits students and the economy.
2) The paper conducted a survey that found waiting lists at many vocational schools, indicating insufficient capacity. It analyzes factors contributing to the waiting lists such as underfunding of vocational schools.
3) The document explores Massachusetts' legal obligation to provide vocational education for all students and argues the current system may be violating students' rights by disproportionately denying students of color access to vocational programs. It provides recommendations to increase access to vocational education.
1) The document discusses improving access to vocational education in Massachusetts. It notes that vocational schools help fulfill the state's need for middle-skilled workers and that vocational education benefits students and the economy.
2) The paper conducted a survey that found waiting lists at many vocational schools, indicating insufficient capacity. It analyzes factors contributing to the waiting lists such as underfunding of vocational schools.
3) The document explores Massachusetts' legal obligation to provide vocational education for all students and argues the current system may be violating students' rights by disproportionately denying students of color access to vocational programs. It provides recommendations to increase access to vocational education.
Improved Access to Vocational Education in Massachusetts
Northeastern University School of Law Legal Skills in Social Context In Conjunction with Massachusetts Communities Action Network March 26, 2014
Law Office 14: Daniel Ball Allison Belanger Andrew Bridson Mary Choate Frances A. Drolette Jacob Fishman Nicole Gallerano Kiel Green Tiffany Kwong Cory Lamz Panida Pollawit Katherine Stock Katherine Terenzi
Gabrielle Pingue Fall Lawyering Fellow Sarah Spofford Winter Lawyering Fellow
Peter Enrich Faculty Supervisor Elliott Hibbler Research Librarian Mary OConnell Advising Attorney " Table of Contents
I. The Answer is Vocational Education 5 II. Vocational Education: Benefiting the Economy, the State and the Students 7 III. Waiting Lists at MA Vocational Schools: Survey 10 A. Analysis of the Survey Waiting List 10 B. The Survey Underreports the Problem 11 C. Demographic Analysis of the Survey Waiting List 12 1. Underfunding 13 2. Low-income 13 3. Gateway Cities 16 4. Students of Color 16 D. Programs in High Demand and Programs with Vacancies 17 E. Why Does a Waiting List Exist? 17 F. College and Career Readiness 19 IV. Funding 20 A. Annual Education Budget 20 1. Chapter 70 Foundation Budget Formula 20 2. The Annual Foundation Budget Analysis 26 3. Regional School Districts 33 4. Out-of-District Student Funding Problem Creates Vacancies 34 B. Transportation 35 C. Building Assistance and Capital Funding 37 D. Concluding Thoughts on Funding 38 V. Massachusetts is Failing its Obligation to Students Under State and Federal Law 39 A. Massachusetts Has a Constitutional Duty to Provide Access to Vocational Education 39 1. Background on Case Law 39 2. How McDuffy Established the Duty to Provide Education to All 40 3. Hancock Did Not Address the Specific Needs of Vocational Education 41 4. Applying the Constitution and Rose Standards to Vocational Education 42 i. Vocational Education and the Constitution 42 ii. Vocational Education and the Rose Standards? 43 B. Is Massachusetts Current Vocational Education System in Violation of Title VI? 43 1. Title VI Regulations Define Discriminatory Actions 44 i. Title VI Vocational Education Guidelines Greatly Impact the Massachusetts DESE 45 ii. Title VI Guidelines Define the Scope of DESEs Obligations 45 2. Massachusetts May be Disproportionately Denying Students of Color Access to Vocational Education 46 3. Distribution of Funds 47 4. Title VI Enforcement Mechanisms 47 i. OCR Interprets Title VI Within Specialized Programs Broadly 48 ii. The Title VI Complaint Process Offers Various Remedies 49 5. Filing a Title VI Complaint May be Imperative to Address the Waiting List Problem 51 C. Leaving No Child Behind: Massachusetts Duty to its Students 51 1. Career and College Readiness is Imperative for All Students 52 2. The Elementary and Secondary Education Act Evolves into No Child Left Behind 53 3. Under its Authorized Waiver, Massachusetts Must Comply with 3 Principles 54
ii 4. Massachusetts Remediation Problem 55 5. Vocational Education Has a Key Role to Play in the 21 st Century Workforce 56 6. Concluding Thoughts on No Child Left Behind 57 VI. Solutions 59 A. Improving Access to Vocational Education 59 1. Perception of Vocational Schools 59 2. Collecting Waiting List Data as Part of Mandatory Information that Schools Must Report to Receive State Aid 60 3. Split-Day Scheduling 61 B. Strengthening Vocational Education 61 1. Guaranteed College Credit 61 2. Race to the Top 62 3. Common Tech Core 63 4. High Schools that Work 64 C. Funding 64 1. Chapter 70 64 2. School Building 65 3. Inter-District Transfers 66 4. Dollars Follow Students 67 5. Partner with Local Manufacturers 68 6. Self-Funding 68 7. Austin Polytechnical Academy 68 8. Statewide Vocational Education Planning Board 69 VII. Conclusion 71 VIII. Appendices 73 Appendix D: Survey Methodology 73 Appendix F: Title VI 75 Appendix G: Vocational Education Survey 77 Appendix H: Expenditure Detail of Educational Cost Categories 81 Appendix I: Legal Weight of Title VI Guidelines 83 Appendix J: The Massachusetts Foundation Budget, as of 7/12/2013 84 Appendix L: Minutemans Statement of the Problem 90 Appendix M: Methodology for Figure 6 97 Appendix N: Survey Waiting List Demographics 98 Appendix Y: School to College Report Summary 100 Appendix Z: Five-Year State Data 115 Appendix X-1: Waiting List 175 Appendix X-2: Waiting List 181 Appendix X-3: Waiting List 185 Appendix K: Foundation Budget Rates for Vocational Enrollments FY12 193
# Executive Summary
This white paper addresses the need to increase access to vocational education in Massachusetts. It first explores the context behind why such a need exists. 1 It explains that the Commonwealth has a current and future need to fill middle-skilled positions, a need in which training more students in vocational schools can help fulfill. 2 This white paper will then discuss some of the obstacles that prevent vocational schools from increasing their enrollment capacity, allowing them to accept more students. 3 To gain a better understanding of the problem of access to vocational education, a survey was conducted to capture the extent and nature of the waiting lists for vocational high schools. 4 Following an analysis of this survey is a discussion on the impediments preventing schools from accepting more students. 5 This white paper explores the complex funding system for vocational schools and reveal some of the inadequacies in the funding scheme that have made it difficult for schools to increase their enrollment. 6 Massachusetts legal duties, obligating the state to provide greater access to high quality vocational education will also be outlined. 7 Lastly, there is a comprehensive list of recommendations as possible avenues to increase access to vocational education for students in Massachusetts. 8
Context
Education is at the heart of a childs preparation to becoming college and career ready. One-fifth of students in Massachusetts have the unique opportunity to gain exposure and experience in their profession by attending a vocational high school. 9 The Commonwealth benefits immensely from vocational education, because upon graduation students who attend these schools go on and often fill the middle-skilled labor market, which makes up 44% of all jobs available in Massachusetts. 10 Furthermore, a study conducted in 2012 projected nearly 100,000 job openings in manufacturing over the next decade. 11
Despite the need to fill these positions, the Commonwealths funding scheme for vocational education may be inadequate to meet the demands to train middle-skilled workers through vocational education. 12
The vocational track also faces a problem of negative perception. 13 A common misconception for those with little connection to vocational education is that the vocational career path is for students who are looking to escape the rigors of a college-centric education. 14 However, the reality is that students who attend vocational high schools must complete the same Common Core requirements as the students in college-centric schools, in addition to the vocational curriculum. 15 Most vocational students are very successful in their programs, which can be readily seen from the relatively higher graduation rates from vocational schools as compared to college-centric schools (vocational programs graduated 70% or more
1 See infra Part II. 2 As current workers age and retire, manufacturers will need a new generation of skilled workers, pointing to an even greater need for vocational education; id. 3 See infra Part III. 4 See infra Part III. 5 See infra Part III(E). 6 See infra Part IV. 7 See infra Part V. 8 See infra Part VI. 9 2013-14 Enrollment By Grade Report (District), MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION http://profiles.doe.mass.edu/state_report/enrollmentbygrade.aspx (last visited Mar. 4, 2014, 6:16PM). 10 Massachusetts Forgotten Middle-Skill Jobs: Meeting the Demands of a 21 st Century Economy, NATIONAL SKILLS COALITION 4 (July 2010), available at http://www.maworks.org/publications/middleskills.report.pdf. 11 See infra p. 10. 12 See infra Part IV(A)(2). 13 See infra p. 9. 14 Id. 15 Id.
2 of their students.). 16 Overall, however, this misperception contributes to a current lack of support and emphasis on vocational schools, despite the value vocational education offers to its students and the Commonwealth is beyond its costs. 17
Waiting List Survey
Where there is demand, simple economics dictates that there be a rise in supply to meet that demand. In order for the Commonwealth to fill 100,000 manufacturing job openings, it needs to train students in these vocations. 18 However, according to the study conducted for this white paper, which surveyed 66 vocational high schools, vocational schools across Massachusetts have placed over 4,600 students on waiting lists since 2012. 19 This survey likely grossly underreports the amount of students being denied access to vocational education, since only approximately half of the vocational schools in Massachusetts responded to the survey. 20
The survey uncovered the stark reality that schools with students in at-risk populations also had the highest waiting lists. 21 These at-risk populations include minority students, students whose parents earn low-income, students whose first language is not English, and students who live in gateway cities. 22
Approximately one-third of the responding schools had the amount of students on the waiting list that was at least equivalent to 20% of their total enrollment. 23 One particularly striking example is a school that had a waiting list that had more students on it than their total enrollment for all four grades combined. 24
In the survey, the two main factors that schools cited as barring them from accepting students on the waiting list were insufficient funding and lack of space. 25
Funding
In-depth research on Massachusetts funding scheme was conducted to better understand potential causes for the extensive waiting list. Prior to 1993, the Commonwealth left it up to municipalities to fund their public school systems. 26 The Supreme Judicial Court, in the 1993 McDuffy case, found that this method of school funding was insufficient to meet the Commonwealths state constitutional duty to provide an education to all children. 27 The McDuffy decision and the Education Reform Act of 1993 changed the way Massachusetts funded schools through increasing the amount of state aid to all schools, and establishing a total amount that municipalities had to spend on each school. 28 These together are known as the Foundation Budget. 29
However, the funding overhaul failed to adequately take into account the specific needs of vocational education. Regardless of the wealth distribution across Massachusetts, most vocational schools spend over the Foundation Budget of $12,250 per pupil. 30 In the Foundation Budgets breakdown by enrollment categories, it was consistently found that four costs in which the vocational schools were provided with
16 See infra pp. 10-11. 17 See infra Figure 6-2. 18 See infra p. 10. 19 See infra p. 13. 20 See infra p. 12. 21 See infra Part III(B). 22 Id. 23 See infra p. 13. 24 Id. 25 See infra Figure 2. 26 See infra p. 46. 27 See infra p. 47. 28 Id. 29 Id. 30 See infra Figure 5.
3 the same amount of funding as college-centric schools, the vocational schools were spending a significantly higher amount per pupil. 31 Additionally, some schools spent significantly lower than the Foundation Budget rate in some cost areas, possibly due to their need to shift their budget to cover areas in which the schools received inadequate funding. 32 With most vocational schools spending above the Foundation Budget, and also spending above their college-centric counterparts in comparable categories, a glaring conclusion that has been inevitably reached is that Foundation Budget set by the Commonwealth is insufficient. 33
Without adequate funding, schools are unwilling and unable to take in more students because it would lead to a further deficit. 34 Similarly, the ability for vocational schools to expand their student body has been limited by the amount of capital funding granted for regional schools to build new buildings. 35
Legal Analysis
The finding of large waiting lists and inadequate funding present potential legal claims for advocates of increase student access to vocational education. The Commonwealths state constitution mandates a duty to provide an education for children both rich and poor. 36 Low-income students can bring a constitutional claim that Massachusetts is not meeting its constitutional duty to educate all of its students, regardless of wealth. 37
Advocates or minority students seeking entrance into the schools that either receive the least funding or have the largest waiting list can file a Title VI of the Civil Rights Act of 1964 complaint with the federal Department of Education Office of Civil Rights against the Commonwealth for being disproportionately denied access to vocational education. 38 More generally, students currently in poorly funded and poorly performing schools could raise the issue that Massachusetts may be in violation of the spirit of its Elementary and Secondary Education Act (ESEA) Flexibility Request to be exempt from No Child Left Behind (NCLB) by not complying with the promise it made in its Request to ensure that every student is college and career ready. 39
Solutions
This section of the white paper proposes many ways of improving access to vocational education. One strategy is to increase the physical capacity of vocational schools by utilizing different school schedules to accommodate more students, and building new school buildings for schools with large waiting lists. 40
Another way to increase capacity is to obtain more funding, through either the state or private sources, to pay for the cost of educating each student that is added into the classroom. 41 Other recommendations include the adoption of alternative curricula and looking to other model states, to make the curricula more complementary to the vocational programs. 42
31 See infra p. 30. 32 See infra p. 31. 33 Id. 34 See infra p. 13. 35 See infra p. 43. 36 See infra pp. 46-47. 37 See infra Part V(A)(4). 38 See infra Part V(B)(2). 39 See infra p. 60. 40 See infra Parts VI(A)(3), VI(C)(2). 41 See infra Part IV(C). 42 See infra Part VI(B).
4 Each of these figures represents 92 students being denied access to vocational education.
5 The solid base I received from the Drafting Program gave me a leg up on every job so far in my career.
-Erik. Joseph P. Keefe Technical School. I. THE ANSWER IS VOCATIONAL EDUCATION
Students and parents alike often feel that middle school students must continue into high school with the eventual goal of pursuing a bachelors degree to have any competitive advantage when looking for employment after high school. However, todays college students graduate without the training required for most jobs in todays market. 43
Given this, it is more important than ever to address the challenge of preparing students for the changing economy. It is time to move away from a singular, college-centric track and look to alternatives. A vocational technical track has a key role to play in preparing todays young people for the future job market. Providing students with both academic and technical training puts them in a superior position to succeed in their post-secondary lives.
From Franklin County to the Montachusett, students attending vocational high schools in Massachusetts have benefitted from vocational educations dual goals of college and career readiness. Ed Demetrion, who attended Roger L. Putnam Vocational Technical Academy, stressed that the technical education he received at Putnam exceeded anything taught at colleges he had considered attending. 44 My grades in college were upper B's to all A's with very little effort on my end because of my previous training at Putnam, Demetrion said. When I went on to a career in my chosen field, I was prepared for whatever task was given me, Demetrion explained. 45 According to one student at North Shore Technical High School, [the school] set[s] the tone for who you should be and who you can be and when those two people meet, youre going to be someone special. 46
Faculty and educators alike at vocational institutions also stress their commitment to providing students with both academic and technical excellence. Kristin Doherty, a school counselor at North Shore, detailed the students many options after graduating from the vocational program. We work on a career plan so that all students have a very realistic goal for themselves. And theyre finding schools and programs that best fit their needs, Doherty said. 47 To James Laverty, superintendent at Franklin County Technical High School, Franklin is more than a school it is a community of educators, craftsmen and support personnel, providing students with necessary skill sets to continue on to college, the work place or a combination of both." 48
Academics Program Principal Michael Murphy of Greater New Bedford Vocational Technical High School similarly emphasized that technical students are more successful because they are working twice as hard as those on the traditional track: Not only are they striving for their high school diploma, they are learning
43 See infra p. 10; see also infra Part V(C)(1). 44 Alumni Testimonials, ROGER L. PUTNAM, VOCATIONAL TECHNICAL ACADEMY, http://www.putnamacademy.com/apps/pages/index.jsp?uREC_ID=194759&type=d&termREC_ID=&pREC_ID=392605 (last visited Feb. 5 2014, 12:00 PM). 45 Id. 46 Noteworthy News & Links, NORTH SHORE TECHNICAL HIGH SCHOOL, http://www.nsths.net/noteworthy-news/ (last visited Mar. 8, 2014, 12:15 AM). 47 Id. 48 James Laverty, Technical Programs, FRANKLIN COUNTY TECHNICAL SCHOOL, http://www.fcts.org/faculty/mrt.html (last visited Mar. 8, 2014, 12:04 AM).
6 the voc-tech component. It takes a very special person to graduate from Greater New Bedford Regional Vocational Technical High School. 49
Although technical programs are providing students with much more than a traditional high school experience by adding a strong focus on career-readiness, it is becoming increasingly difficult for these schools to increase enrollment numbers, and adequately train them for the growing middle-skilled job market. 50 Thousands of students are denied a place in a Massachusetts technical high school because Massachusetts is not adequately providing the resources these institutions need to respond to the needs of the growing middle-skilled job market. 51
The Massachusetts Department of Elementary and Secondary Education owes it to the public school students wishing to enter these schools, to the technical institutions training these students and to the employers of Massachusetts, to adequately support vocational high schools so that they can respond and train their students for the growing job market. 52
This white paper addresses the need to better support vocational high schools, which have a crucial role to play in Massachusetts economic future. Detailed below is the educational and economic context in which vocational high schools operate and the projected shortage of properly qualified workers for the growing sector of middle-skilled positions. 53 The next section goes on to describe how thousands of students lack access to vocational programs, how vocational schools are funded, and why Massachusetts must continue to refine and recalibrate its public education system to prepare students for the job market of the future. 54 This white paper provides a review of the obstacles that vocational high schools face in trying to serve students. This white paper discusses in great detail the schools waiting lists and the effect of the underlying funding formula on shortages of space and lags in achieving essential curricular enhancements. 55 An in-depth legal analysis is provided below, outlining a series of potential claims based on violations of students rights. 56 Finally, a set of solutions is proposed to address the obstacles vocational high schools face. 57 The goal of these proposals is to allow Massachusetts to boast that its public education system values and supports its vocational high schools as much as it does its college- centric counterparts.
49 Administration, GREATER NEW BEDFORD REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL, http://www.gnbvt.edu/Administration/Administration.htm (last updated Nov. 26, 2013). 50 See infra Part III(C)(1); see infra IV(A)(2); see infra V(C). 51 See infra Part III(A); see infra Part V(C). 52 See infra Part V(A)(2); see also, Part V(C)(1). 53 See infra Part II. 54 See infra Part III; see infra Part IV(A); see infra Part IV(A)(2)-IV(C). 55 See infra Part III-IV. 56 See infra Part V. 57 See infra Part VI.
7 Im more prepared as I leave this school to go out in the real world and work and start a business.
Student. Essex Agricultural and Technical School. II. VOCATIONAL EDUCATION: BENEFITTING THE ECONOMY, THE STATE AND THE STUDENTS
Vocational education is a successful pathway to a career. Rather than preparing students solely for college, vocational education allows students to discover interests that the traditional college-centric curriculum does not, and trains students to pursue these interests after high school in preparation for a career. 58 Massachusetts has 77 vocational schools statewide, with programs varying widely among interests; from cosmetology to technical manufacturing, there is an option for a wide range of students. 59
Unfortunately, vocational education faces a perception problem: it is the alternative. Many proponents of the traditional academic track view vocational education as the easy way out, assuming vocational students are not subjected to the same rigorous college preparatory coursework as traditional students. This is not the case. Not only are vocational students preparing for a potential career in their field of interest, but graduates of vocational high schools are also ready to go on to two- and four-year colleges. The state has also recognized this need to increase outreach and change the perception of vocational education and careers. The Commonwealth of Massachusetts launched an Advanced Manufacturing Collaborative, which includes a program to educate parents, teachers, students and guidance counselors about manufacturing careers in Massachusetts and their benefits. 60
Vocational students take the same Massachusetts Comprehensive Assessment System (MCAS) tests as traditional students. 61 In order to graduate, vocational students need to take academic courses drawn from the same Common Core Curriculum as those students in college-centric high school programs, as well as the individual requirements of their vocational coursework. 62 This vocational education work often includes experiential or hands-on learning components exclusive to the program. 63 Far from being the easy way out, vocational education represents a very early commitment to hard work and personal success. Massachusetts is required by law to support these students paths just as it supports the college preparatory path. 64 If vocational education were to be supported to the same degree as a college preparatory education, it is likely that the Commonwealth would greatly benefit.
58 Education Board Adopts Common Core Standards to Keep Massachusetts Students National Leaders in Education, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (JUly 21, 2010), http://www.doe.mass.edu/news/news.aspx?id=5634. 59 School/District Profiles: Organization Search: Ch. 74 Career/Voc Tech Education., MASS. DEPT. OF ELEMENTARY AND SECONDARY EDUC., http://profiles.doe.mass.edu/search/search.aspx?leftNavId=(last visited Mar. 1, 2014). 60 Advanced Manufacturing Collaborative, EXECUTIVE OFFICE OF HOUSE AND ECONOMIC DEVELOPMENT, http://www.mass.gov/hed/economic/initiatives/manufacturing/advanced-manufacturing-collaborative.html (last visited Feb. 14, 2014, 12:04 AM); see infra Part I. 61 Education Board Adopts Common Core Standards to Keep Massachusetts Students National Leaders in Education, supra note 58; see Vocational Technical Education Programs, COMMUNITY RESOURCES INFORMATION, INC., http://www.massresources.org/vocational-technical.html (last visited Mar. 8, 2014). 62 Education Board Adopts Common Core Standards to Keep Massachusetts Students National Leaders in Education, supra note 58; see, Vocational Technical Education Programs, supra note 61. 63 Vocational Technical Education Programs, supra note 61. 64 See, e.g., infra Part V(A); see also, infra Part V(C)(3).
8 In a turbulent economic climate, vocational education can be a road toward a stable and productive career. In particular, vocational programs can provide excellent preparation for careers in manufacturing. 65 Staying Power II projected that Massachusetts will have nearly 100,000 job openings in the manufacturing field over the next decade. 66 As current workers age and retire, manufacturers will need a new generation of skilled workers, pointing to an even greater need for vocational education. 67 A career in manufacturing is particularly attractive: annual salaries in this sector average $75,000, 68 more than the average in health care, education, real estate or government. 69
Vocational education can also prepare students for careers in an array of other fields that provide strong salaries and respectable work, including cosmetology, dental and medical assistance, agriculture and electrical equipment repair and installation. 70 Annual salaries in these fields range from $30,000 to $50,000. 71 The average worker with only a high school diploma makes $29,000 annually therefore vocational education can help students make $1,000 to $28,000 more than these counterparts. 72 Thus, vocational education can be a very sound investment for the larger state economy and the students own future. 73
Vocational education provides students with the means to positively impact their economy, when measured against vocational students secondary- and university-educated counterparts. In 2012 researchers found that education enhances economic growth, [and] in turn growth increases education as per capita income rises. 74 Most notably, economic productivity growth was highest among vocational education students when considered in terms of public expenditures on education. 75 By contrast, university- and secondary-education graduates reported decreased productivity numbers per public expenditure. 76
In Massachusetts, 71 out of 77 schools (92%) with vocational programs graduated 70% or more of their students. 77 Only 80% of high schools without vocational programs can make the same assertion. 78 If vocational schools successfully graduate a larger percentage of their students than college preparatory programs, 79 and have the greatest impact on the economy in terms of public expenditure 80 that is, the biggest return on the publics tax dollars why does vocational education have a lower priority than college-centric high schools?
65 BARRY BLUESTONE ET AL., STAYING POWER II A REPORT CARD ON MANUFACTURING IN MASSACHUSETTS 83 (2012). 66 Id. 67 Id. at 14. 68 Id. at 31. 69 Id. 70 Chapter 74 Manual for Vocational Technical Education Programs, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION 11-13 (2011), available at http://www.doe.mass.edu/cte/programs/manual.pdf (last updated Dec. 19, 2011). 71 May 2012 State Occupational Employment and Wage Estimates Massachusetts, BUREAU OF LABOR STATISTICS, UNITED STATES DEPARTMENT OF LABOR http://www.bls.gov/oes/current/oes_ma.htm#47-0000 (last modified Dec. 18, 2013). 72 Id. 73 Natl Ctr. For Educ. Statistics, Fast Facts: Income of Young Adults, INSTITUTE OF EDUCATION SCIENCES http://nces.ed.gov/fastfacts/display.asp?id=77 (last visited Feb. 3, 2014, 4:24 PM). 74 Tam Bang Vu, David L. Hammes, & Eric Iksoon Im, Vocational or university education? A new look at their effects on economic growth, 117 ECON. LETTERS 426, 426-28 (2012). 75 Id. 76 Id. 77 Graduation Rates, MASSACHUSETTS DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION, http://www.doe.mass.edu/infoservices/reports/gradrates/ (last updated Jan. 24, 2014). 78 Id. (66 out of 293 college-centric schools had a graduation rate of more than 70% of their students). 79 Id. 80 Tam Bang Vu, David L. Hammes, & Eric Iksoon Im, supra note 74, at 426-28.
9 Instead of admitting eager students, vocational schools across the state are forced to place students on waiting lists, admitting them only when physical space or funding becomes available. 81 The current Massachusetts funding statute creates a complex roadblock that is preventing students from being admitted to these vocational schools. 82 Capital funding dramatically impacts a districts ability to expand, 83
and transportation costs block many students from reaching certain desired schools. 84 Most critically, the state aid given to districts that include a vocational school likely underestimates the true cost of vocational education. 85 To complicate the funding scheme even further, some issues arise out of the differences in funding for municipal and regional school districts: municipal school districts are funded by one local municipal, while regional school districts are funded by any two ore more municipalities who choose to combine their public school districts. 86 Consequently, it can be inferred that students must either stay in their current high schools academic program until a space opens up or graduate with insufficient skills, only to take the university path that may not advance their career goals.
Blocking students access to vocational education is bad public policy. These waitlisted students are typically from low- to- moderate-income households. 87 Unlike wealthy students, they probably cannot choose a private school if a college-centric public school is a poor fit. Underfunding vocational education, which impacts the access to and quality of it, is also a bad choice for Massachusetts, as it ignores the Commonwealths opportunity to educate the middle-skilled workforce its economic future requires.
81 See infra Part III(A); see also, infra Appendix W. 82 See infra Part VI. 83 See infra p. 43. 84 See infra Part IV(B). 85 See infra Part IV(A)(2). 86 ROGER HATCH, FOUNDATION ENROLLMENT 1 (2007), available at http://www.doe.mass.edu/finance/chapter70/enrollment_desc.pdf. 87 See infra Appendix X-1.
10 III. WAITING LISTS AT MA VOCATIONAL SCHOOLS: SURVEY
Vocational education helps prepare students for viable careers that will benefit the Commonwealth of Massachusetts. 88 However, Massachusetts students face numerous barriers to accessing vocational programs. Obstacles include inadequate funding to vocational programs, insufficient space to accommodate more students, and lack of staff to provide appropriate instruction. 89 The effect of these obstacles is profound; thousands of children cannot access vocational programs. 90 Well over 4,000 students are waiting to be admitted into their preferred vocational program, and it is likely that many more students wish to pursue vocational education but have not applied to the programs. 91 The aforementioned barriers, and others, impede a students ability to access vocational education, which could prepare them for vibrant careers. The effect on the students is of great concern because the economic opportunity to fill critical needs in the workforce is lost, in turn, it will likely negatively impact the health of the Massachusetts economy.
In order to assess the extent of the access gap, a survey of 66 vocational schools in Massachusetts was completed to determine the extent of vocational schools waiting lists. 92 Of the schools surveyed, 32 responded (Responding Schools), representing approximately 41% of all vocational schools. 93 The following provides an analysis of the survey and the barriers it revealed.
A. Analysis of the Survey Waiting List
There are more than 4,600 students on waiting lists for vocational programs. 94 Schools across the Commonwealth of Massachusetts struggle to admit all of the students that desire to participate in their programs and prepare themselves for a career. 95 These schools are located in various areas of the state, from schools in Western Massachusetts to those in the southeast, from Gateway Cities, such as Lawrence and Fall River, to the more rural areas of the state. 96
88 See supra p. 10. 89 See infra Appendix X-2. 90 See infra Appendix X-1. 91 See infra Appendix X-1. 92 Two surveys were conducted, one in 2012 and one in 2013. Their combined results are analyzed throughout this section. The surveys were sent to schools that are members of the Massachusetts Association of Vocational Administrators. Not all vocational schools in the state are members of this association. A detailed summary of the survey methodology, including an explanation of how duplicate answers, the challenges of combining surveys from two different years, and inconsistent responses, were dealt with is included in Appendix D; see infra Appendix D; see infra Appendix X-1. 93 The schools listed in the footnote represent the smallest subsection of schools discussed in the in-text sentence. A list of the Responding Schools and how their names will be abbreviated in this sections footnotes: Assabet Valley Regional Technical High School (Assabet), Attleboro High School (Attleboro), B.M.C, Durfee High School (Durfee), Bay Path Regional Vocational Technical High School (Bay Path), Bristol County Agricultural High School (Bristol), Bristol-Plymouth Regional Technical School (Bristol-Plymouth), Cambridge Rindge & Latin School (Cambridge), Diman Regional Vocational Technical High School (Diman), Essex Agricultural and Technical High School (Essex), Franklin County Technical School (Franklin), Greater Lawrence Technical School (Greater Lawrence), Greater New Bedford Regional Vocational Technical High School (Greater New Bedford), Lower Pioneer Valley Educational Collaborative (Lower Pioneer), Lynn Vocational Technical School (Lynn), Madison Park Technical Vocational High School (Madison Park), McCann Technical School (McCann), Medford Vocational Technical High School (Medford), Minuteman High School (Minuteman), Montachusett Regional Vocational Technical School (Montachusett), Nashoba Valley Technical School District (Nashoba), Norfolk County Agricultural High School (Norfolk) North Shore Technical High School (North Shore), Old Colony Regional Vocational Technical High School (Old Colony), Pathfinder Regional Vocational Technical High School (Pathfinder), Quincy Area Vocational Technical Center (Quincy), Roger L. Putnam Vocational Technical Academy (Roger Putnam), Salem High School (Salem), Smith Vocational and Agricultural High School (Smith), Southeastern Technical Institute (Southeastern), Tri-County Regional Vocational Technical High School (Tri- County), Upper Cape Cod Regional Technical School (Upper Cape), Whittier Regional (Whittier); See infra Appendix D; see infra Appendix X-1. 94 See infra Appendix X-1. 95 See infra Appendix X-1. 96 Gateway cities are defined through Massachusetts law as: a municipality with a population greater than 35,000 and less than 250,000, a median household income below the commonwealth's average and a rate of educational attainment of a bachelor's degree or above that is below the commonwealth's average; Mass. Gen. Laws Ann. ch. 23A, 3A (West). These cities include:
11 $The solid base I received from the Drafting Program gave me a leg up on every job so far in my career.
Erik. Joseph P. Keefe Technical School.
The survey waiting list revealed the stark reality that schools are unable to accommodate a significant number of students applying to vocational schools. 97 This is best illustrated by focusing on communities with the greatest access problems. 98 Almost one- third of the Responding Schools indicated there was a 20% greater demand for their programs than they could admit. 99 Diman Regional Vocational Technical High School in Fall River had more students on the survey waiting list than enrolled in the school. 100 If it had the ability to admit all of the students from its waiting list, the school population of Essex Agricultural and Technical High School could grow by almost 70% over 475 people. 101 Similarly, programs at Norfolk County Agricultural High School and North Shore Technical High School each have a demand for more than 470 spots, representing more than half of the students already enrolled in the programs. 102 The demand to be admitted into the vocational programs of New Bedford, Palmer, Bristol, Springfield and the Upper Cape is 20% greater than the number of students they can accommodate. 103 Each of these communities could have their vocational programs educate at least another 20% of students, and that may be enough to keep the students in school through graduation. 104 In absolute numbers, nine schools had at least 200 students on their respective survey waiting lists. 105 An additional four schools had well more than a hundred students waiting for acceptance. 106 Massachusetts economy is being denied the contribution of thousands of educated workers. 107
B. The Survey Underreports the Problem
While the number of students captured on the survey is striking, there is reason to suspect that it provides an underestimate of the actual number of students who miss out on the opportunity to participate in vocational education. 108
The discrepancy between the number of students on the waiting lists reflected through the survey responses and the true number of students denied access to vocational schools can be partially explained through limitations in the survey methodology. 109 First only half of the schools surveyed
Brockton, Fall River, Fitchburg, Haverhill, Holyoke, Lawrence, Lowell, New Bedford, Pittsfield, Springfield, Worcester, Barnstable, Chelsea, Chicopee, Everett, Leominster, Lynn, Malden, Methuen, Quincy, Revere, Salem, Taunton, and Westfield. BENJAMIN FORMAN & TYLER CREIGHTON, BUILDING VIBRANCY: CREATIVE PLACEMAKING, STRATEGIES FOR GATEWAY, CITY GROWTH AND RENEWAL 5 (July 2012). 97 See infra Appendix X-1. 98 See infra Appendix X-1. 99 See infra Appendix X-1. 100 1,399 survey waiting list and 1,386 enrolled; see infra Appendix X-1. 101 See infra Appendix X-1. 102 See infra Appendix X-1. 103 See infra Appendix W. 104 See infra Appendix X-1. 105 School name (number of students on its waiting list): Diman (1399), Greater New Bedford (513), Essex (330), Norfolk (321), Roger Putnam (305), North Shore (248), Montachusett (205), Southeastern (201), and Greater Lawrence (200); Id. 106 School name (number of students on its waiting list): Pathfinder (158), Upper Cape (137), Bay Path (136), and Bristol (135); see infra Appendix X-1. 107 See infra Appendix X-1. 108 See infra Appendix X-1. 109 See infra Appendix X-1.
12 responded, which leaves a high possibility that there were more students on waiting lists than were actually accounted for in this survey. 110 Secondly, the survey was not distributed to all vocational schools, as the authors did not have access to all of the schools administrators to contact for distribution. 111
Thirdly, unlike actual enrollment numbers, which schools must keep accurate to receive funding, waiting list numbers are tracked on a voluntary basis by school administrators and as such are not met with the same accountability standards, which could lead to inaccuracies or underreporting. 112
The survey also likely understates the interest in vocational schools because school staff may alter their behavior based on the known problem in accessing vocational schools. For example, guidance counselors may be aware of the long waiting lists in their community, and, knowing that it is unlikely for all interested students to be admitted, they may advise some students to not apply.
In addition, students behaviors may be altered due to misconceptions about the quality of vocational programs and common misperceptions about vocational education overall. Students who may otherwise be interested in the programs offered by vocational schools may not know about the benefits associated with the vocational path. 113 In some districts, the local vocational school also may have a bad reputation, whether or not such a reputation is warranted. In these communities, students who would otherwise like to begin targeted career education may not want to sacrifice other academic opportunities by attending a vocational school. Interested students who decline to apply because of their misperception of vocational education will be absent from the survey waiting lists.
Each of these factors indicates that the survey likely underrepresents the true number of students who would benefit from access to the states oversubscribed vocational schools.
C. Demographic Analysis of the Survey Waiting List
While the survey showed that many schools were unable to accommodate a large number of students, the demographic analysis of the survey waiting list revealed particular relationships between the demographics and the schools with the greatest access problems. 114 Specifically, the survey revealed a striking trend: Responding Schools receiving the least funding had long waiting lists, they served communities with many of the most at-risk populations, and they are largely in gateway cities. 115 Five out of the seven most underfunded schools have waiting lists ranging from 80 to 513 students, with four of them having waiting lists that exceed 15% of the total number of students enrolled. 116 Of these five underfunded schools with waiting lists, all of them have greater than average populations of low-income
110 See infra Appendix X-1; see infra Appendix W. 111 See infra Appendix X-1. 112 603 MASS. CODE REGS. 10.03 (West, Westlaw current through Feb. 14, 2014, Register #1254). 113 The state has begun a program to focus on misconceptions about vocational education and careers in manufacturing. See Advanced Manufacturing Collaborative, EXECUTIVE OFFICE OF HOUSE AND ECONOMIC DEVELOPMENT, http://www.mass.gov/hed/economic/initiatives/manufacturing/advanced-manufacturing-collaborative.html (last visited Feb. 14, 2014, 12:04 AM); see infra Part I (describing the merits of vocational education and the job opportunities for students). 114 See infra Appendix X-1. 115 The demographic information used to analyze the waiting list results was compiled from publicly available school profiles DESE data from 2013, the most current data available. This demographic data is based on the student population of the school itself, not the waiting list. Currently, schools neither collect nor analyze demographic information of students on their waiting list. So, the demographics of the schools were used as a proxy for that information as it is the closest indicator available; The degree of underfunding was determined using spending quintiles. Massachusetts Budget and Policy Center, divides schools into five funding categories, quintiles, depending on the amount of combined local and state funding they spend. 115 The schools that receive the most funding are labeled as being in the fifth quintile while the ones with the least funding are in the first quintile; see infra Figure 2; see infra Appendix D (describing methodology). 116 School name (number of students on its waiting list; percent of students on the waiting list as a percentage of total enrolled): Greater New Bedford (513; 23.9), Pathfinder (158; 23.87), Roger Putnam (305; 23.75), Greater Lawrence (200; 15.29), and Durfee (80; 3.51); see infra Appendix X-1.
13 students, 39 to 89.5%. 117 More than half of the schools that are more underfunded also have a greater than average percentage of students whose first language is not English. 118 Not surprisingly, the populations of the most underfunded schools have remediation rates above the state average; most of these schools had 60% or more of their graduates requiring remedial coursework upon graduation. 119 In contrast, none of the best-funded schools have significant survey waiting lists. 120 This exposes the direct relation between funding and access problems many of the schools face with regard to the number of students on their waiting lists. 121
Minuteman provides a prime example of the very different picture in a better-funded vocational school. 122
Minuteman, which has vacancies and could accommodate additional students, has lower than average populations of low-income students, students of color, and students whose first language is not English. 123
Less than half of its graduates need to take remedial courses. 124 However, as is described in the Section IV, Funding, funding issues regarding the difficulty in the reimbursement process for students from outside their district act as a disincentive for schools like Minuteman to accept more out of district students even if it has the space. 125
1. Underfunding
The degree to which a school is underfunded is the largest indicator of whether that school has a survey waiting list, showing a pervasive access problem for schools with limited resources. 126 Massachusetts Center for Policy and Budget divides schools in Massachusetts into five funding categories, quintiles, depending on the amount of combine local and state funding they spend. 127 The schools that receive the most funding are labeled as being in the fifth quintile while the ones with the least funding are in the first quintile. 128 Nearly 80% of students on the survey waiting list are at schools in the bottom two funding quintiles. 129 Twelve of the 16 Responding Schools in the lowest two quintiles have survey waiting lists. 130
Ten of the 16 schools in the bottom two spending quintiles have populations with a percentage of low- income students greater than the state average. 131 Four of the five largest survey waiting lists are from schools in the bottom two quintiles. 132
2. Low-Income
117 The state average of low-income students is 38.3%. School name (percentage of low-income students): Greater New Bedford (52.3), Pathfinder (39), Roger Putnam (89.5), Greater Lawrence (78.2), Durfee (69.9); see infra Appendix X-1. 118 The state average of students whose first language is not English is 17.8%. School name (percentage of student whose first language is not English): Greater New Bedford (19.3), Roger Putnam (30.9), Durfee (25.4), Lynn (61.2); see infra Appendix X-1. 119 The state average of remediation rates is 36.4%. Roger Putnam (79), Greater New Bedford (69), Pathfinder (65), Greater Lawrence (60), Lynn (59), Durfee (47), McCann (44%); see infra Appendix X-1. 120 Only three of the Responding Schools were in the most well-funded quintile. School name (number of students on the waiting list): Madison Park (0), Cambridge (0), Minuteman (5); See infra Appendix X-1. 121 See infra Appendix X-1. 122 See infra Appendix X-1 123 See infra Appendix X-1 124 See infra Appendix X-1. 125 See infra Part IV. 126 See infra Appendix X-1. 127 See infra Figures 6-1, 6-2, 6-1. 128 See infra Appendix X-1. 129 3,611 students on the survey waiting list are from schools in the lowest two funding quintiles out of 4,629 students on waiting lists from all of the Respondent Schools; see infra Appendix X-1. 130 School name (number of students on the waiting list): Diman (1399), Greater New Bedford (513), Essex (330), Roger Putnam (305), Montachusett (205), Southeastern (201), Greater Lawrence (200), Pathfinder (158), Bristol (135), Durfee (80), Plymouth (65), and Attleboro (20); see infra Appendix X-1. 131 The state average of low-income students is 38.3%. School name (percent of low-income students): Roger Putnam (89.5), Lynn (87.7), Greater Lawrence (78.2), Durfee (69.9), Greater New Bedford (52.3) Southeastern (56), Greater New Bedford (52.3), Franklin (51.4), McCann (39.5), Pathfinder (39), and Diman (47.5); see infra Appendix X-1. 132 School name (Spending quintile; number of students on the waiting list): Diman (2; 1399), Greater New Bedford (1; 513), Essex (2; 330), and Roger Putnam (1; 305); See infra Appendix X-1.
14
The survey also revealed a trend between low-income populations, waiting lists and remediation rates. 133
Schools with low-income students above the state average constituted over 60% of the survey waiting list. 134 Seven of the 10 schools with the greatest percentages of low-income students also have populations of students of color that are above the state average, four of which also have waiting lists. 135
Seven of the 10 lowest income schools are in gateway cities, and over half of these have waiting lists. 136
Eight of the 10 lowest income schools also have higher than average populations of students whose first language is not English. 137 The populations in all of the low-income schools required remediation at higher rates than the state average. 138
133 Low-income schools are those schools with populations that have a higher than average rate of students that are low- income as defined by the Department of Elementary and Secondary Education (DESE); See infra Appendix N. 134 See infra Appendix X-1. 135 The state average for students of color is 35.1%. School name (percent students of color; number on waiting list): Roger Putnam (87.5; 305), Greater Lawrence (80.2; 200), Southeastern (42.6; 201), Quincy (44.5; 15); See infra Appendix X-1. 136 The low-income schools in gateway cities with waiting lists; school name (number of students on the waiting list): Roger Putnam (305), Greater Lawrence (200), Durfee (80), Quincy (15); Greater New Bedford (513); See infra Appendix X-1. 137 The state average of students whose first language is not English is 17.8%. School name (percent of students whose first language is not English): Roger Putnam (30.9), Madison Park (54.2), Lynn (61.2), Durfee (25.4), Salem (30), Southeastern (19.1), Quincy (23.9), Greater New Bedford (19.3); See infra Appendix X-1. 138 Data from two schools was not reported on the DESE website. States average remediation rate is 36.4%. School name (percent of students that required remediation): Roger Putnam (79), Madison Park (74), Lynn (59), Greater Lawrence (60), Durfee (47), Southeastern (85), Greater New Bedford (69), Franklin (65); See infra Appendix X-1.
15
Figure 1. Percent of Low-Income Students: 200 or More on Waiting List. From the waiting list survey, the top nine schools shown above had at least 200 students on their waiting list. This graph displays the percentage of low-income students for each vocational school, as well as the average of low-income students across the state.
16 I go to Bristol Aggie, and one day I want to own my own business.
Student. Bristol County Agricultural High School. 3. Gateway Cities
Gateway cities have some of the largest survey waiting lists, indicating a high interest in attending vocational schools, yet these schools are most vulnerable to being underfunded. 139 Students in Gateway cities account for a disproportionately high portion of students on survey waiting lists, demonstrating heightened demand to vocational schools for students in these areas. 140 Schools in Gateway cities account for 40% of the Responding Schools yet over 60% of students on survey waiting lists come from these schools. 141 All but three of the schools in Gateway cities are in the lowest two quintiles of funding. 142
Of the 16 schools in the bottom two funding categories, 10 are in Gateway cities. 143 Almost half of the schools in Gateway cities have populations of students whose first language is not English that were greater than the state average. 144 Eight have low- income populations above the state average. 145
Eight of the schools in gateway cities have remediation rates at or above 50%. 146
4. Students of Color
Survey data revealed that students of color are likely being disproportionately denied services to vocational programs. 147 This observation is discussed further in Part V(B): Is Massachusetts Current Vocational Education System in Violation of Title VI?, but the statistics and limitations will be introduced here for reference. 148 Of the eight schools with a greater than average minority population, half of them had survey waiting lists and three of them had survey waiting lists greater than 15% of the current enrollment. 149 More than 37% of the schools with a percent of students of color greater than average have significant survey waiting list. 150 Half of the schools with large populations of students of color are in the bottom two funding quintiles. 151 Of the 32 responses received, only eight were from schools with populations with a higher minority population than the state average. 152
139 See infra Appendix X-1. 140 See infra Appendix X-1. 141 See infra Appendix X-1. 142 School name (funding quintile): Greater Lawrence (1), Lower Pioneer (2), Roger Putnam (1), Lynn (1), Durfee (1), Greater New Bedford (1), Diman (2), Attleboro (2), Bristol (2), Montachusett (2); See infra Appendix X-1. 143 Same schools listed in the preceding footnote; See infra Appendix X-1. 144 The state average for students whose first language is not English is 17.8%. School name (percent of students whose first language is not English): Roger Putnam (30.9), Lynn (61.2), Durfee (25.4), Greater New Bedford (19.3), Salem (30), Quincy (23.9); See infra Appendix X-1. 145 The state average for low-income students is 38.3%. School name (percent of low-income students): Greater Lawrence (78.2), Roger Putnam (89.5), Lynn (87.7), Durfee (69.9), Greater New Bedford (52.3), Diman (47.5), Salem (57.2), Quincy (53.8); See infra Appendix X-1. 146 School name (percent of student requiring remediation): Greater Lawrence (60), Roger Putnam (79), Lynn (59), Greater New Bedford (69), Diman (62), Bristol (50), Montachusett (63), Whittier (69); See infra Appendix X-1. 147 See infra Appendix X-1. 148 See infra Part V(B). 149 The state average of students of color is 35.1%. School name (percent of students of color; number of students on the waiting list as a percentage of the total enrolled): Roger Putnam (87.5; 23.75), Greater Lawrence (80.2; 15.29), Southeastern (42.6; 16.02); See infra Appendix X-1. 150 Name of school (number of students on the waiting list): Roger Putnam (305), Greater Lawrence (200), Southeastern (201); See infra Appendix X-1. 151 The of students of color is 35.1%. Name of school (funding quintile; percent of students on the waiting list): Roger Putnam (1; 87.5), Lynn (1; 82.8), Greater Lawrence (1; 80.2), Southeastern (2; 57.4); See infra Appendix X-1. 152 See infra Appendix X-1.
17 These results fail to account for several large metropolitan areas with high populations of students of color that did not respond to the survey, including Holyoke, Brockton, Lowell, Somerville and Worcester, among others. 153 Data from these major cities may indicate a stronger trend of disproportionate lack of access to vocational programs for students of color. 154
D. Programs in High Demand and Programs with Vacancies
Many schools have vacancies in programs that are in high demand elsewhere. 155 For example, nine schools responded that they had available seats in their Carpentry programs, while four other schools responded that they had a waiting list for Carpentry. 156 A similar trend exists for Design and Visual Communications programs: four schools had survey waiting lists, and five other schools had vacant seats. 157 Of the 29 different types of programs that had vacant seats in at least one school in the state, 26 of those programs had at least one other school with a waiting list for the very same program. 158
Some of the programs most often cited as having vacancies were Carpentry, Engineering Technology, Early Education and Care, Culinary Arts, Automotive Technology, Office Technology, Information Support Services and Networking, Graphic Communications and Design and Visual communications. 159
Across the state, the number of students on survey waiting lists far exceeded the number of vacant seats. 160 There is an estimated 666 vacancies in total, but 4,629 students are on survey waiting lists hoping to enroll in vocational programs. 161 While vacancies may seem like an access issue, they also may serve as a solution. Although there are only 666 empty seats, if those could be filled, it would provide 666 more students with an education they desire and one that the economy needs. 162
E. Why Does a Waiting List Exist?
The survey asked schools to rank four explanations for their survey waiting lists: (1) Lack of Physical Space; (2) Lack of financial resources, staff and/or equipment for more students; (3) Student did not get their first choice; and (4) Administrative hold or clerical issues. 163
The data makes clear that lack of space and financial resources are the two primary concerns for vocational schools, as 76.2% of Responding Schools cited these as the most important reasons for their survey waiting lists. 164 Additionally, 36.8% cited a lack of financial resources/staff/equipment as the most
153 See infra Appendix X-1. 154 See infra Appendix X-1. 155 See infra Appendix X-3. 156 Schools with waiting lists for Carpentry: Diman, Nashoba, Roger Putnam, and Upper Cape. Schools with vacancies in Carpentry: Assabet, Attleboro, Cambridge, Lower Pioneer, Madison Park, Medford, Minuteman, Quincy, and Smith; see infra Appendix X-3. 157 Schools with waiting lists for Design and Visual Communications: Attleboro, Durfee, Nashoba, and Roger Putnam. Schools with vacancies in Design and Visual Communications: Cambridge, Lower Pioneer, Madison Park, Medford, and Minuteman; see infra Appendix X-3. 158 See infra Appendix X-3. 159 See infra Appendix X-3. 160 See infra Appendix X-3. 161 See infra Appendix X-1. 162 See infra Appendix X-1. 163 These four reasons for waiting lists were developed by vocational education experts based on their understanding of the most likely reasons students could not be admitted to a school. This question was only included in the 2013-2014 survey. Responding Schools in this subsection refers to the 19 schools that responded to this question; See infra Appendix D (complete methodology); see infra Appendix X-2. 164 The following schools ranked one or both of lack of physical space and lack of financial resources, staff and/or equipment for more students as the most important reason for their survey waiting list: Durfee, McCann, Minuteman, Attleboro, Lower Pioneer, Nashoba, Quincy, Diman, Medford, Montachusett, Smith, Upper Cape, and Roger Putnam; see infra Appendix X-2.
18 important reason for having a survey waiting list, 165 and 33.3% of Responding Schools put lack of financial resources as one of the top two reasons for the schools survey waiting list. 166 An additional 23.8% of schools claimed students were unable to get into their first choice program as the primary reason for being on the survey waiting list. 167 Clerical or administrative issues were not cited as a significant factor for a schools survey waiting list. 168
165 The following schools cited lack of financial resources/staff/equipment as the most important reason for their waiting list: Durfee, McCann, Minuteman, Attleboro, Lower Pioneer, Nashoba, and Quincy; see infra Appendix X-2. 166 The following schools cited lack of financial resources, staff, and/or equipment as one of the top two reasons: Durfee, McCann, Minuteman, Attleboro, Lower Pioneer, Nashoba, Quincy, Diman, Medford, Montachusett, Smith, Upper Cape, and Madison Park; see infra Appendix X-2. 167 The following schools cited the fact that students did not get into their first choice school: Attleboro, Nashoba, Quincy, Smith, and Assabet; see infra Appendix X-2. 168 See infra Appendix X-2.
19 Figure 2. 169 Top Reasons Students Were Not Admitted from the Waiting List. Schools cited lack of space as their biggest barrier for admitting students (42.9%). Two additional reasons for waiting list barriers of enrollment were inadequate funding (33.3%) and students not getting their first-pick schools (23.8%).
169 See infra Appendix X-2.
20
F. College and Career Readiness
The survey waiting list indicates a lack of access to vocational education, but if a student is able access vocational programs, she often goes on to pursue post-secondary education. 170 Vocational students receive additional rigorous coursework by being not only prepared to enter the workforce, but also to be fully prepared for post-secondary education. 171 These students are increasingly choosing to continue their education and/or technical training after high school. 172 According to the Massachusetts Department of Education, 73% of students who graduated from a vocational or technical high school between 2007 and 2011 chose to continue their education. 173 Nearly 46% went on to a two- or four- year college program, whereas only 26% joined the workforce immediately after high school." 174
Although an increasing number of vocational students choose to continue with their education and/or technical training, the number of these students who require remediation is significant. 175 According to the Massachusetts Board of Higher Education, 56.7% of students graduating from a vocational or technical school are required to take remedial courses. 176 Although these students may wish to continue with their education, they have to first overcome the hurdle of remedial coursework. As discussed in Part V: Massachusetts is Failing its Obligation to Students Under State and Federal Law, requiring students to pursue remedial courses after post-secondary schooling is both cost-ineffective and detrimental to the success of these students. 177
As the survey waiting list revealed, the most underfunded schools had long survey waiting lists, serving communities with many of the most-at risk populations and that are largely in gateway cities. 178 Obstacles that create access problems included lack of resources/staff and lack of physical space as the top two reasons for the waiting list. 179 In addition to these hurdles, the populations of the most underfunded schools have remediation rates above the state average, contributing to the high percentage of students graduating from vocational and technical schools who are required to take remedial courses after graduation. 180 If students are not college and career ready upon graduation, they may miss out on opportunities to continue their post-high school training for the workforce through post-secondary education. As Section VI: Funding describes, these obstacles relate directly to the funding issues pertaining to state aid and resources laid out by the state legislature. 181
170 See infra Appendix X-1. 171 ACHIEVE INC., COMMON CORE STATE & CAREERS AND TECHNICAL EDUCATION: BRIDGING THE DIVIDE BETWEEN COLLEGE AND CAREER READINESS (KSA-Plus Communications, Inc. ed., 2012), available at http://www.achieve.org/CCSS-CTE-BridgingtheDivide. 172 See infra Appendix X-1. 173 See infra Appendix Z. 174 See infra Appendix Z. 175 See infra Appendix X-1. 176 MASS. BD. OF HIGHER EDUC. & MASS. DEPT. OF EDUC., MASSACHUSETTS SCHOOL-TO-COLLEGE REPORT HIGH SCHOOL CLASS OF 2005 ii (2008). 177 See infra Part V. 178 See infra Appendix X 179 See infra Appendix W. 180 See infra Appendix X. 181 See infra Part VI.
21 IV. FUNDING
The public educations current funding scheme is potentially limiting the resources vocational high schools have to educate all the students wishing to pursue a vocational career path. The issues pointed out in this section are consistent with the top reasons given for the survey waiting list for vocational schools, such as lack of physical capacity and funds for programs, students, staff and equipment. 182 In addition, state aid provided to schools for transportation has steadily decreased as the costs have increased. 183 The funds that are presently allocated to vocational education in Massachusetts are likely insufficient to meet the current spending, which has increased above state funding. If vocational education programs are to be the answer to the needs of the states labor market, vocational education will need more funds allocated to its programs to increase access and improve quality.
This section explains the basics of the funding system and explores how they affect access to and the quality of vocational education, as well as identifies and explains the problems therein associated with the states funding system.
A. The Annual Education Budget
1. Chapter 70 Foundation Budget Formula
To understand Massachusetts budget for its public school system, Chapter 70 must also be explained. 184
The Chapter 70 Foundation Budget formula is Massachusetts budgetary scheme for providing for a system of state and local public education funding of the municipal and regional school districts. 185 The Education Reform Act of 1993 created this program in response to growing concerns about the adequacy and equity of school funding in Massachusetts. 186 In developing the Educational Reform process, the state legislature developed a model school budget, created by an economist and a group of superintendents. 187 This model school budget provided a formula with the goal of ensuring that each school district had sufficient funds to provide an adequate education to all its students. 188
182 See infra Appendix X-2. 183 See Transportation: Resources, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://www.doe.mass.edu/finance/transportation/ (last updated July 5, 2013). 184 Although Chapter 74 is the general statute that governs vocational schools and programs, approved Chapter 74 vocational programs are funded the same way as regular public high schools through Chapter 70. Chapter 74-approved vocational technical education programs must be approved by the Massachusetts Department of Elementary and Secondary Education pursuant to Massachusetts General Law Chapter 74 and the Vocational Technical Education Regulations. Chapter 74 Vocational Technical Education Program Directory, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION 3, available at http://www.doe.mass.edu/cte/programs/directory.pdf (last visited Mar. 8, 2014). 185 School Finance: Chapter 70 Program, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://www.doe.mass.edu/finance/chapter70/ (last updated Feb. 13, 2014). 186 Luc Shuster, Demystifying General Local Aid in Massachusetts, MASSACHUSETTS BUDGET AND POLICY CENTER (January 20, 2012), available at http://www.massbudget.org/report_window.php?loc=demystifying_general_local_aid.html. 187 MASS. DEPT. OF ELEMENTARY AND SECONDARY EDUC., THE MASSACHUSETTS FOUNDATION BUDGET (2013), available at http://www.doe.mass.edu/finance/chapter70/chapter_cal.pdf (this document is reproduced as Appendix J). 188 See infra Appendix J.
22 When I came to Keefe Tech, I knew I wanted a career working with children, but didnt know exactly what that would be. The Early Childhood Education Program allowed me to experience working with several age groups, and helped me choose the right one for me.
Tamara. Joseph P. Keefe Technical School. There are four steps to the formula, which, in combination, determine the funds each school district will have to provide an education and who will pay for how much of that amount. 189 First, the Foundation Budget is calculated, which reflects the total spending requirement necessary to education all of the districts students. 190
Second, the formula determines how much the local community is required to contribute toward funding the Foundation Budgets total spending requirement. 191 Third, Chapter 70 Aid allots state funds to make up the difference between the Foundation Budget and the required local contribution. 192 Fourth, some districts may opt to contribute above their Foundation Budget after Chapter 70 Aid is determined. 193
Step 1: The Foundation Budget. The initial step in establishing a districts Chapter 70 funding is to calculate the Foundation Budget. 194 Generally, the budget is developed based upon the number of pupil enrollments for the district, multiplied by established cost rates depending on the type of student for different cost categories. 195
Enrollment Numbers The enrollment numbers are based on the number of students for whom a school district is financially responsible for on October 1 of the previous year. 196 It includes the number of students who are attending the local municipal school and the regional school district. 197 For a municipal district, it includes students enrolled in the districts schools, including any vocational students enrolled in the municipal districts vocational school. 198 For a regional vocational school district, it includes the vocational students from any member municipalities who attend the regional vocational school. 199 A calculation will never include both students attending a municipal district school who are attributed to the municipal districts Foundation Budget and students attending a regional district who are attributed to the regional districts Foundation Budget. 200 It does not include tuitioned-in students from other districts because they are included in their own districts Foundation Budget. 201
189 Technically, Step 4 happens after the full Chapter 70 formula Foundation Budget has been calculated and the funds are allocated in Steps 2-3 rather than part of the formula itself; MASS. BUDGET AND POLICY CTR., DEMYSTIFYING THE CHAPTER 70 FORMULA: HOW THE MASSACHUSETTS EDUCATION FUNDING SYSTEM WORKS 1-2 (2010), available at http://www.massbudget.org/reports/pdf/Facts_10_22_10.pdf. 190 MASS. BUDGET AND POLICY CTR., DEMYSTIFYING THE CHAPTER 70 FORMULA: HOW THE MASSACHUSETTS EDUCATION FUNDING SYSTEM WORKS 1-2 (2010), available at http://www.massbudget.org/reports/pdf/Facts_10_22_10.pdf. 191 Id. at 2. 192 Id. at 2. 193 Id. at 2. 194 Id. at 1-2. 195 See infra Appendix J. 196 ROGER HATCH, FOUNDATION ENROLLMENT 1 (2007), available at http://www.doe.mass.edu/finance/chapter70/enrollment_desc.pdf. 197 Id. at 1. 198 Id. at 1. 199 Id. at 1. 200 Id. at 1-2. 201 Id. at 1.
23 Two additional points are worth noting. Home districts have to pay for Chapter 74 non-resident students whose home vocational districts do not offer the particular program they are seeking. Those students are counted in the home districts enrollment numbers. Additionally, if a town is a member of a regional vocational district, its resident pupils who attend the regional vocational school are not counted in local district enrollment. The vocational district reports those pupils, and Chapter 70 Aid goes directly to the vocational district. 202
Enrollment Categories Each student in the districts total enrollment is placed into one of 10 enrollment categories: pre- school/half day kindergarten, full-time kindergarten, elementary, junior/middle school, high school, limited English proficiency pre-school/kindergarten, limited English proficiency full time and vocational students. 203 While these 10 categories count each individual in each category, there are four more enrollment categories, which are counted differently: tuitioned-out special education students, tuitioned-in special education students, low-income elementary students and low-income secondary students. 204 The foundation formula assumes that a certain percentage of the foundation enrollment will need some degree of special education. 205 The enrollment number for low-income students is determined by using the preceding years actual number of low-income elementary, middle school, high school, bilingual, and vocational students, and one-half the preceding years actual number of low-income kindergarten and pre-school students. 206
Cost Categories Each enrollment category has its own fixed cost rate for each of the educational cost categories, which is adjusted for inflation each year. 207 The cost categories reflect the areas needed to be funded to provide an education to Massachusetts students, not including capital costs, as determined by the legislature. The state currently uses 11 cost categories: administration, instructional leadership, teachers, other teaching services, professional development, instructional materials/equipment and tech, guidance/psychology, pupil services, maintenance, benefits, and special education tuition. 208 Based on these calculations, each pupil in the enrollment count generates a specific cost in each category. 209 The number of each pupil in each enrollment category is multiplied by that categorys educational cost rate to determine how much each different type of student will cost to educate. 210 The additional costs for the special education and low-income categories are added to the districts Foundation Budget as well. 211
202 Id. at 1. 203 Id. at 3. 204 Low-income students include those who are eligible for free or reduced lunches regardless of residence or tuition-paying status; Id. at 4. 205 Id. at 4. 206 The low-income elementary enrollment number is multiplied by $3,393, and the low-income secondary enrollment number is multiplied by $2,744. MASS. GEN. LAWS ANN. ch. 70 2 (Current through the 2013 1 st Annual Session and Chapter 1 of the 2014 2 nd Annual Session); see also, Chapter 70 Aid: FY14 Budget, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION 6 (Feb. 14, 2014, 12:34 AM) http://www.doe.mass.edu/finance/chapter70/chapter_14.pdf. 207 Chapter 70 Aid: FY14 Budget, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, 6 (July 12, 2013) http://www.doe.mass.edu/finance/chapter70/chapter_14.pdf; NOAH BERGER & JEFF MCLYNCH, PUBLIC SCHOOL FUNDING IN MASSACHUSETTS: WHERE WE ARE, WHAT HAS CHANGED, AND OPTIONS AHEAD 2-3 (2006), available at http://www.massbudget.org/reports/pdf/Public_School_Funding-Where_We_Are_What_Has_Changed_-_FINAL.pdf. 208 In 1993 there were 18 cost categories that were organized into six Foundation Budget base costs: base year payroll, foundation non-salary, base year expenses, the professional development allotment, expanded program allotment, extraordinary maintenance allotment, and book and equipment allotment. This number of categories was reduced to 11 effective in the 2007 budget as submitted by Governor Romney in January 2006, and enacted by the Legislature. The eleven cost categories more closely mirror how districts actually track and report their spending to the Department of Education. MASS. GEN. LAWS ANN. ch. 70 2 (West, Westlaw current through the 2013 1st Annual Session and Chapter 1 of the 2014 2nd Annual Session); see also Appropriations Fiscal Year 2007 Budget, 2006 Mass. Legis. Serv. Ch. 139 (2006), available at https://malegislature.gov/Laws/SessionLaws/Acts/2006/Chapter139; see infra Appendix J. 209 See infra Appendix J. 210 See infra Appendix J. 211 Chapter 70 Aid: FY14 Budget, supra note 207, at 6.
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Figure 3 on the next page shows the cost rates in each educational cost category for all 14 different enrollment categories for FY 2012 provided by the Massachusetts Department of Elementary and Secondary Education (DESE). 212 Some cost rates are higher for some enrollment categories. Specifically, some costs for regular high school students will be the same as vocational students, while other costs will be higher for vocational students. 213 For example, classroom and specialist teachers, professional development, operations and maintenance, and employee benefits and fixed charges are higher for vocational. However, as Figure 3 indicates, the other categories remain the same for both types of high school students. 214 Some enrollment categories will naturally have higher total costs due to the fixed cost rates. 215
The difference in cost rates is necessary to maintain the education of vocational students, as some aspects of their education justifiably cost more. 216 For example, vocational teachers have higher salaries because they likely have more classroom experience and are more likely to participate in professional development activities, such as postsecondary education courses. 217 Additionally, the purchase and maintenance of vocational instructional equipment is a significant added expense for vocational education. 218 Equipment in vocational programs must be up to date with current industry standards in order to properly prepare students for establishing careers after graduation. 219
Once these differences in the cost to educate vocational students are taken into account, a regular high school student costs $8,033.70, while a vocational high school student costs $12,250.07. 220 To determine the Foundation Budget, the number of students in each enrollment category is multiplied by its own fixed cost in each eleven educational cost categories. 221 Then, all of the totals are added up to determine that districts Foundation Budget. 222
212 See infra Figure 3. 213 See e.g., FY12 Chapter 70 and Net School Spending Formula Spreadsheet, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (June 29, 2011), http://www.doe.mass.edu/finance/chapter70/chapter_12.html. 214 See infra Figure 3. 215 See infra Figure 3. 216 STEVEN KLEIN, FINANCING VOCATIONAL EDUCATION: A STATE POLICYMAKERS GUIDE 4 (Ann Dykman ed., 2001). 217 Id. at 6-8. 218 Id. at 9-10. 219 Id. at 9. 220 Complete Formula Spreadsheet: FY12 Chapter 70 and Net School Spending Formula Spreadsheet, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (June 29, 2011), available at http://www.doe.mass.edu/finance/chapter70/chapter_12.html. 221 Id. 222 Id.
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Figure 3. 223 The cost rates for each enrollment type for each educational cost category, specifically regular high school and vocational enrollment cost rates. 224 The yellow highlights indicate that high schools and vocational schools are receiving the same amount of money, whereas, the green highlights indicate the cost categories for which vocational schools receive more funding [than college-centric high schools]. 225
Step 2: Required Local Contribution. Once the Foundation Budget is calculated, the second step is to calculate the required local contribution. 226
The sources to pay for the Foundation Budget come from both state aid and local revenue. The local contribution is the districts ability to provide funding for the minimum spending requirement determined by the Foundation Budget. 227 The required local contribution was intended to recognize that communities should contribute to school funding needs according to their ability. 228 Their ability to pay is determined by the incomes and property values of their different cities and towns. 229 Since wealthier cities and towns generate greater local revenues through higher property values, the formula was designed to have an equalizing effect, so poorer districts would receive more state aid than wealthier ones. 230 As will be discussed below, the formula may give more state aid to the poorer cities and towns to help reach their Foundation Budget spending; however, wealth distribution problems may still exist notwithstanding the formulas goal of having an equalizing effect. 231
Each districts ability to contribute to its Foundation Budget will vary depending on the residents incomes and property values of the respective cities and towns. 232 While each districts contribution itself is not equal, the contribution rates are the same. 233 For example, in fiscal year 2011, local contributions were determined by adding 0.3% of each towns total property values to 1.4% of the income earned by the towns residents. 234 Once the local contribution has been determined, the state aid is calculated. 235
223 Id. 224 Id. 225 Id. 226 MASS. BUDGET AND POLICY CTR., DEMYSTIFYING THE CHAPTER 70 FORMULA: HOW THE MASSACHUSETTS EDUCATION FUNDING SYSTEM WORKS 2 (2010), available at http://www.massbudget.org/reports/pdf/Facts_10_22_10.pdf. 227 Id. at 1-2. 228 Id. at 2. 229 Id. at 2. 230 Id. at 2. 231 See id. 232 See id. 233 Id. 234 Id. at 2. 235 Id.
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Step 3: Chapter 70 Aid. The third step is filling in the gap between the districts required local contribution and its Foundation Budget with Chapter 70 Aid from the state. 236 This ensures that every district meets its Foundation Budget. 237
Step 4: Additional funds. The fourth step is the option for cities and towns to provide additional funding beyond the Foundation Budget. 238 Cities and towns are only required to provide funding based on their calculated required local contribution, and then Chapter 70 Aid will contribute funds to meet the Foundation Budget. 239 However, wealthier towns may choose to contribute more, and many districts do spend substantially above their Foundation Budgets. 240
Figure 4, below, shows an example of Chapter 70 funding for two sample districts. 241 It compares the Foundation Budget total (step 1) with the total actual budget spent per each district after the required local contribution (step 2), the Chapter 70 Aid (step 3) and the extra local contribution (step 4) is determined. 242
Figure 4. 243
236 Id. 237 Id. 238 Id. 239 Id. 240 Id. 241 See infra Figure 4. 242 See infra Figure 4. 243 Id. at 2.
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2. The Annual Foundation Budget Analysis
There are three core issues associated with the Chapter 70 formula for vocational education. First, the Foundation Budget uses the enrollment numbers from the previous year, which neglects to account for waiting list students. 244 Second, the formula likely understates the additional costs necessary to educate a vocational education student. 245 There is also a third issue regarding the overall annual Foundation Budget and its wealth distribution. 246
Neglecting Future Enrollment The fact that the budget neglects to fund future enrollment, creates a problem for vocational school districts with high demand. Schools within these high-demand districts are forced to place students on waiting lists instead of enrolling them. 247 In contrast, a regular school district needs to serve all students in its enrollment count, so future students will always be included in the next years enrollment numbers, and will then be funded, albeit with a one-year delay. If the enrollment numbers do not reflect future enrollments, districts will never be able to receive enough funding to address the issues that prevent them from accepting more students from the waiting list.
As the waiting list survey revealed, the degree to which a school is underfunded is the largest indicator of whether a school has a survey waiting list. 248 Vocational schools have expressed explicitly that they do not have enough funds or resources to take students off their waiting lists, limiting access to their vocational programs. 249 In addition, if schools are being underfunded in relation to their current enrollment numbers, they will likely never be able to accommodate more students from their waiting lists without additional funds to address their lack of resources. Additional considerations to incorporating the waitlist numbers into the Foundation Budget formula are discussed further in Part VI: Solutions. 250
Underestimating the Actual Cost to Educate a Vocational Student The formula may underestimate the true additional cost of each vocational student. It is likely that the funding vocational education requires is even greater than that provided by the formula. 251 The model school budget created by the legislature was created in 1993, and therefore it is based on an education cost structure that looked differently than it does today. 252 The waiting list survey revealed that 38.8% of the Responding Schools cited a lack of financial resources, staff, or equipment as the most important reason for having a survey waiting list. 253 With the growing demand for vocational education, schools cannot accommodate more students on the waiting list if vocational schools do not receive adequate funding for their current enrollment numbers.
The chart in Appendix K: Foundation Budget Cost Rate Comparisons compares the Foundation Budget cost rates given to vocational students by the Chapter 70 formula with the actual amounts that a number of regional vocational schools spend on each of their vocational students. 254 It also compares the
244 See e.g., Roger Hatch, Foundation Enrollment 1 (2007), available at http://www.doe.mass.edu/finance/chapter70/enrollment_desc.pdf. 245 Id. 246 See supra Figure 6. 247 See infra Appendix X-1. 248 See supra p. 16. 249 See infra Appendix X-2 250 See infra Part VI. 251 Chapter 70 Aid: FY14 Budget, supra note 226, at 5. 252 See id. 253 See infra Appendix X-2. 254 See infra Appendix K.
28 vocational enrollment category total cost with each schools actual total spending per pupil for all 11 cost categories. 255
Figure 5. 256 Foundation Budget Rates for Vocational Enrollments for FY 2012. The number next to the name of the school indicates the wealth codes, with (1) representing the least wealthy municipalities, and (5) representing the wealthiest municipalities. The Foundation Budget of $12,250 (light blue) is contrasted to the amount of actual expenditures for each school (dark blue). 257
In the cost rate categories in which the vocational education enrollment category receives more funding, the schools are on average spending around the Foundation Budget cost rate or slightly higher. 258
255 The total spending per pupil expenditures includes funding from all sources except capital costs. This includes the general fund appropriations calculated by the Chapter 70 Foundation Budget formula, additional appropriations in districts that have raised funds above the Foundation Budget, grants from federal, state and private sources; tuition, school lunch, athletic funds, and other targeted receipts; and spending from funding sources on all school functions except capital items, such as school construction. The total expenditure per pupil is the total of all spending divided by the total full-time equivalent average membership. See infra Appendix K; see also Profiles Help: About the Data, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://profiles.doe.mass.edu/help/data.aspx (last updated July 29, 2013). 256 This data was gathered from the DESE website by using the dropdown menu and choosing various schools. Total Expenditure Per Pupil, All Funds, By Function, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://profiles.doe.mass.edu/profiles/finance.aspx?orgcode=00050000&orgtypecode=5& (last visited Mar. 8, 2014, 5:02 PM). 257 See infra Appendix K. 258 Future research topics should explore whether the cost rate categories in which vocational education receive more funding is inadequate as well. A possibility as to why the sample schools seem to be spending near the Foundation Budget amounts in the categories where they do get extra funding is because they cannot get any more additional funding and not because those greater cost rates are actually adequate. This could also explain why some schools, such as Nashoba Valley Technical School, spend only $5,142 per pupil on classroom and specialist teachers as opposed to the allotted $6,168. See infra Appendix K; Complete Formula Spreadsheet: FY12 Chapter 70 and Net School Spending Formula Spreadsheet, MASSACHUSETTS
29 However, in the categories in which the cost rates are the same for both college-centric high school students and vocational education students, vocational schools are spending significantly higher amounts per pupil. 259 These cost rates are administration, instructional leadership, other teaching services, guidance and psychological and pupil services. 260
A few reasons why vocational schools are spending more money in these cost rate areas could be traced to the breakdown of what is included in each category. The 11 education cost categories are broken into subcategories. 261 For example, both regular and vocational high schools receive the same cost rate for instructional leadership. 262 However, that category includes Building Technology. 263 As already noted, the makeup of a vocational high school will vary greatly from a regular academic high school, especially in the technology and equipment areas. 264 A school that has programs in agriculture, construction, mechanics, technical and communications will certainly need specialized building equipment to provide for the hands-on learning in those careers. It may be that the instructional leadership category as a whole seems similar for both vocational high schools and regular academic high schools; however, when the categories are broken down into subcategories, there may be some distinct characteristics of each subcategory that would require a different cost rates for vocational education versus regular academic education.
Additionally, some schools spend significantly less than the Foundation Budget rate in some cost areas. 265 This may suggest that the school is forced to allocate its funds to higher priority cost categories in which it is not receiving enough funding to compensate for its needs. This cost shifting forces the school to spend less than the proper amount in some cost rate categories. For example, Greater New Bedford Regional Vocational Technical spent more than $1,697 per pupil on instructional materials, equipment and technology almost $500 above the allotted amount and only $35 per pupil on professional development almost $150 less than the allotted amount. 266 While equipment and technology may be more important in the vocational school setting, professional development is still important, even though a school may spend less than the foundation rate in the latter to spend more in the former. 267
The Chapter 70 Foundation Budget formula is potentially underestimating the true cost of educating a vocational student when looking at the specific cost category information. Further analysis of the total number of vocational schools would confirm this trend and likely indicate that vocational schools need to spend more per pupil than the vocational enrollment category formula budget total. 268 A deeper analysis on the spending in the subcategories of each of the 11 educational cost rate categories, including a full description of what each subcategory entails, is needed to show where specifically vocational education requires more funding. This, along with some additional trend analysis illustrated below for vocational spending compared to regular education and for spending by wealth district, may further reinforce the findings in the cost category analysis. However, the cost category analysis, like the additional spending analysis below, is a starting point that may lead to a deeper review of the data analyzed thus far, as well
DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (June 29, 2011), available at http://www.doe.mass.edu/finance/chapter70/chapter_12.html. 259 Complete Formula Spreadsheet: FY12 Chapter 70 and Net School Spending Formula Spreadsheet, supra note 258. 260 Id.; see infra Appendix K. 261 A full detailed list of what each cost category includes can be found in Appendix H: Expenditure Detail of Eleven Educational Cost Categories. See infra Appendix H. 262 Complete Formula Spreadsheet: FY12 Chapter 70 and Net School Spending Formula Spreadsheet, supra note 258. 263 See infra Appendix K. 264 STEVEN KLEIN, FINANCING VOCATIONAL EDUCATION: A STATE POLICYMAKERS GUIDE 4 (2001). 265 See analysis infra Appendix K. 266 See infra Appendix K. 267 See STEVEN KLEIN, supra note 264, at 9-10. 268 See analysis infra Appendix K.
30 as to additional research topics to try to initiate a reevaluation of the Chapter 70 Foundation Budget cost for vocational education. These additional research topics are discussed further in the Part VI: Solutions.
Wealth Distribution Problem In addition to underestimating the true cost of educating vocational students, the fact that the cost rates have not kept pace with the true cost of educating a vocational student seems to be causing a disproportionate negative impact on less wealthy communities. 269 As noted, the districts total spending requirement is defined as the Foundation Budget, but a district may choose to spend other resources above the Foundation Budget amount. 270 Further, Figure 6-2 illustrates that in virtually every wealth district the increase in spending is greater for schools offering regular education than for vocational schools. 271
These factors suggest that the Chapter 70 Foundation Budget formula generally favors wealthier districts since they are able to make up the difference between what appears to be the true cost and the likely underestimated Foundation Budget, while low-income communities are unable to fill this potential deficiency. See Figures 6-1, 6-2, 6-3.
Figures 6-1, 6-2, and 6-3 provide information that is similar to the cost category analysis above, but focuses on spending comparisons between FY 2006 and FY 2012. For this comparison, the analysis looks further at spending by wealth district and, like the cost category information, spending for regular education as compared to vocational education. However, it is important to note some limitations in the data. First, those bars in Figure 6-1 and Figure 6-2 labeled Vocational High School School do not include any individual school that offers both regular and vocational education within the same school. The reason for this exclusion is because the costs of college-centric versus vocational education within the school could not be isolated. This likely means that the data set used for the vocational spending analysis is reasonably accurate. However, the data used for the college-centric education spending includes all other non-vocational schools in the city or town. While this means that the strict comparison for vocational education compared to college-centric education is not presented, it is likely that the disparities are skewed such that the college-centric education amounts per pupil are actually greater than what might be found in a comparison of college-centric schools as a whole. With the exception of the special education category, all other schools spend less per student than vocational education or high school education. The total expenditure of special education as a proportion of all spending in Massachusetts is not enough to offset the amount that is likely skewed downward (see Figure 3). 272
269 Source data for wealth categories from DESE site for Combined Effort Yield, as extracted and categorized by the Massachusetts Budget Policy Center into five quintiles; see infra Figure 6-1; see infra Figure 6-2; see infra Figure 6-3. 270 MASS. BUDGET AND POLICY CTR., DEMYSTIFYING THE CHAPTER 70 FORMULA: HOW THE MASSACHUSETTS EDUCATION FUNDING SYSTEM WORKS 1-2 (2010), available at http://www.massbudget.org/reports/pdf/Facts_10_22_10.pdf. 271 Roger Hatch, School Finance: Statistical Comparisons FY12 Expenditures Per Pupil, All Funds, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCation, http://www.doe.mass.edu/finance/statistics/ppx12.html (last updated Feb. 26, 2013). 272 See supra Figure 3.
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Figure 6-1. 273 This figure shows that the districts in the higher wealth districts have higher per pupil expenditures than lower wealth districts. This figure also suggests that per pupil expenditures has risen dramatically since FY06.
273 See infra Appendix M (for methodology).
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Figure 6-2. 274 This figure shows the percent changes between FY06 and FY12 for each of the wealth districts. For instance, in FY12, vocational schools in wealth district 1 received 10.2% more funding than they did in FY06. This figure suggests that funding for vocational schools in the higher wealth districts has decreased since FY06, while funding for vocational schools in lower wealth districts has increased. Conversely, the funding for college-centric schools remains roughly the same across wealth districts.
274 See infra Appendix M (for methodology).
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Figure 6-3. 275 Vocational schools actual expenditures per student compared to the amount the foundation budget allocates per student. The figure suggests that within every wealth district, schools are spending significantly more per pupil than the foundation budget designates. It indicates that the foundation budget underestimates the costs necessary to actually support each student.
An analysis of Figure 6-3 revealed that in every instance, the per-pupil actual spending in FY 2012 is above the formula derived per-pupil Foundation Budget for vocational education $8,034 and $12,250, respectively. 276 In fact, a comparison of the FY 2012 budget as compared to the FY 2006 real spending as adjusted for inflation indicates that the current Foundation Budget allocation is less than FY 2006 spending in every instance. 277 Also, in virtually all instances, the rate of increase in real spending, as
275 See infra Appendix M (for methodology). 276 See supra Figure 6-3. 277 Roger Hatch, School Finance: Statistical Comparisons FY12 Expenditures Per Pupil, All Funds, MASSACHUSETTS DEPARTMENT FO ELEMENTARY AND SECONDARY EDUCATION, http://www.doe.mass.edu/finance/statistics/ppx12.html (last updated Feb. 26, 2013) [hereinafter Hatch, FY12 Expenditures]; Roger Hatch, School Finance: Statistical Comparisons FY06 Expenditures Per Pupil, All Funds, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCation,
34 adjusted for inflation, was greater for regular education as compared to vocational education. 278 Moving from wealthy to less wealthy districts average expenditures per pupil spending, the amount of funds that were contributed above the average Foundation Budget per pupil decreased for both regular and vocational education. 279
As noted in the financial analysis in Figure 5 and Figure 6-3, it is reasonable to conclude that the model budget formula has not kept pace with the reality of the actual costs. This seems to have a disproportionate negative affect on vocational funding and could present even greater obstacles to accessing vocational education in the future. One might perceive that since many communities have found a way to increase funds for education the Chapter 70 formula is effective. However, since the flexibility to do so seems to be more limited in a less wealthy district as compared to a wealthy district, such a conclusion may be challenging. Further, the flexibility to spend seems more limited in a school providing college-centric education as compared to vocational education. Finally, the waiting list analysis, as discussed in Part III: Waiting Lists at MA Vocational Schools: Survey, indicated that a disproportionate amount of students (nearly 80% of those on waiting lists) are from the least well-funded schools, therefore consistent with the funding analysis noted above. 280
Given the states objectives for a skilled workforce and vocational education in the future, these trends are problematic and raise a critical concern that the Commonwealth of Massachusetts cannot readily meet its future objectives for the labor market and the economy with its existing funding methods for education.
3. Regional School Districts
To understand the differences between regional districts and municipal districts, funding must be understood first.
Regional School Districts are also funded by Chapter 70, but their characteristics can create additional funding and administrative problems. 281 Regional school districts, which consolidate two or more communities into one district, help alleviate the strain put on Chapter 70 funding by allowing multiple communities to contribute to the minimum community contribution. 282 A regional school districts Foundation Budget is set by the same calculation outlined in Chapter 70 for municipal schools in Massachusetts. 283 However, a distinct issue arises in determining how much each member community pays for its part of the minimum local contribution and for any above-foundation spending by the district. 284
In general, the costs of the regional district that are not covered by state funding are allocated among the member communities. 285 For the most part, the allocation method is determined by the regional district agreement under which the district was originally set up by the member communities. 286 Under the terms
http://www.doe.mass.edu/finance/statistics/ppx06.html (last updated July 12, 2007) [hereinafter Hatch, FY06 Expenditures]; see supra Figure 6-1. 278 Only four schools are included in vocational education for wealth district number 1 as compared to 20 for regular schools. Two of the vocational schools increased spending by 20%+, and as a result the percent increase may be skewed.; Hatch, FY12 Expenditures, supra note 277; Hatch, FY06 Expenditures, supra note 277. 279 Hatch, FY12 Expenditures, supra note 277; Hatch, FY06 Expenditures, supra note 277; see supra Figure 6-2. 280 See infra Appendix X-1. 281 See THE COMMONWEALTH OF MASS. DEPT. OF EDUC., GUIDANCE FOR REGIONAL SCHOOL DISTRICTS, 1-2 (2007) available at http://www.doe.mass.edu/finance/regional/guidance.doc [hereinafter Dept. of Educ., Guidance]. 282 Id. at 1. 283 Id. 284 See id. at 1-2. 285 Id. at 1. 286 Id.
35 of Chapter 70, Section 6, each member community must make a minimum local contribution toward the districts Foundation Budget. 287 This Foundation Budget is calculated pursuant to much the same Chapter 70 approach used for calculating minimum local contributions by municipal districts. Regions may deviate from this methodology if the member communities unanimously agree to allocate the minimum local contributions according to the terms of their regional district agreement instead of according to Chapter 70s methodology. 288 The regional district can charge those sums to the member communities; many regional agreements require that any above-foundation spending be approved by two-thirds of the districts member communities. 289
Such a complicated decision-making process that requires either a two-thirds or unanimous vote makes it difficult for regional schools to make needed adjustments in their budget, such as spending above the Foundation Budget or making adjustments to how the minimum local contributions are allocated. This diminishes regional schools ability to be flexible to their populations needs and may contribute to the access problem.
4. Out-of-District Student Funding Problem Creates Vacancies
The vacancies mentioned in this section relate to the vacancies as discussed in Part III: Waiting Lists at MA Vocational Schools: Survey. 290 These sections are connected because schools with vacancies are potentially able to accept more students, but they are unable to accept any new students from other schools waitlists without proper funding.
With data from schools showing that there are some vocational schools with hundreds of students on the waiting list, schools with vacancies may be overlooked. However, the problems in schools with vacancies are just as important. Vocational schools with vacancies represent an underutilized resource that could be used to address the under-capacity of the schools with waiting lists. Vacancies also undermine the fiscal health of their school districts by diminishing revenues that are largely based on enrollments.
Minuteman Regional Vocation High School reflects how the funding structure creates these underutilized resources that could, if funded properly, provide an immense resource for students on waiting lists at other schools. Some vocational schools, like Minuteman, rely on non-district students to fill vacant seats. Minutemans original building design capacity was 1,171 students, but it is presently only able to enroll about 400 from its member communities roughly 54% of the schools population. 291 The other 338 (46%) is made of district students from surrounding communities. 292 The non-member districts provide tuition to host schools, such as Minuteman, to compensate the school for the education it is providing. 293
The trend within Department of Elementary and Secondary Education is toward reducing the non- member school maximum tuition contribution from 150% of the Foundation Budget to 125% of the Foundation Budget. 294 Currently, Minuteman currently allocates approximately $16,413 per student. 295
287 MASS. GEN. LAWS ANN. ch. 70 6 (West, Westlaw current through the 2013 1st Annual Session and Chapter 1 of the 2014 2nd Annual Session); THE COMMONWEALTH OF MASS. DEPT. OF EDUC., GUIDANCE FOR REGIONAL SCHOOL DISTRICTS 1 (2007) available at http://www.doe.mass.edu/finance/regional/guidance.doc. 288 Dept. of Educ., Guidance, supra note 281, at 1-2. 289 Id. at 1. 290 See supra Part III. 291 This was derived from Minutemans Statement of the Problem. It was recently taken off the website, but a copy of it has been reproduced as Appendix L. MINUTEMAN REGIONAL TECHNICAL SCHOOL DISTRICT, STATEMENT OF THE PROBLEM: LONG TERM SUSTAINABILITY OF THE MINUTEMAN REGIONAL TECHNICAL SCHOOL DISTRICT 1 (June 6, 2013), available at Appendix L [hereinafter Minuteman, Statement of the Problem]. 292 Minuteman, Statement of the Problem, supra note 291, at 2. 293 Id. 294 This information was gathered from an interview with Roger Hatch. Telephone interview with Roger Hatch, School Programs Finance Administrator, Mass. Dep't of Elementary and Secondary Educ., in Boston, Mass. (Jan. 31, 2014).
36 The Fiscal Year 2014 out-of-district funding was capped at $19,060. 296 This is the 150% cap set by the state that is mentioned above. 297 Minuteman currently only charges $18,309 during Fiscal Year 2014, which is below the 150% cap. 298 If the state reduced the cap from 150% to 125%, then the new cap for out-of-district tuition would roughly be set at $15,884. The new cap would be below the actual per- student-spending by $529. 299
If the out-of-district number stated above (338 students) was to stay the same, then the member communities of the Minuteman region would have to absorb $178,802 annually to allow these students to continue to be educated at the same level. 300 Since the member communities are forced to spend money making up the difference between the cost of educating the student and the low tuition rate, this funding cannot be directed at providing better resources, such as building projects, classroom materials and more instructors. In addition, this sharp financial burden provides a powerful disincentive to schools such as Minuteman to fill their vacant seats with out-of-district students, because they will need to absorb substantial costs in doing so. For schools such as Minuteman, accepting more students to reduce waiting lists elsewhere, comes at a substantial cost to their member communities. This characteristic of regional school districts clearly limits some districts ability to improve access obstacles to vocational programs.
B. Transportation
There is a lack of funding to pay for transportation for students enrolled in a regional school district. 301
Importantly, the state faces this funding challenge for transportation notwithstanding discussions in the past years about further school consolidation. 302
The state law specific to vocational education transportation, M.G.L. Chapter 74 8A, provides that, subject to appropriation, regional schools are entitled to full state reimbursement for transportation cost. 303 However, the state reimbursement has been decreasing over the past several years. 304 Figure 7-1 displays a comparison of the cost of transportation, compared to the amount reimbursed from the state. 305
The analysis indicates that from FY 2008 to FY 2013, transportation costs for all regional schools increased from $58.1M to $75.3M. 306 However, the amount of these costs reimbursed from the state decreased from $58.1M to $45.5M in the same time period. 307 Consequently, regional schools have borne
295 Summary Chart, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://www.doe.mass.edu/finance/chapter70/chapter_14.html (last visited Feb. 20, 2014). 296 Minuteman, Statement of the Problem, supra note 291, at 6. 297 See infra note 299. 298 Chapter 74 Vocational Technical Education Nonresident Tuition Rates for School Year 2013-2014, MA. DEPT. OF ELEMENTARY AND SECONDARY EDUC. http://www.doe.mass.edu/cte/admissions/fy14-trates.html (last updated Apr. 9, 2013). 299 The cap is set at $19,060, which is a 150% cap on out-of-district tuition. A calculation was performed to determine the base rate at 100%. From that derivative, 125% was calculated, which resulted in $15,884. The difference between this and the foundation cost per student was calculated with this, resulting in a $529 difference between the proposed cap and the actual cost per student. This difference was then multiplied by the number of out-of-district students at Minuteman (338 students) to calculate the total, actual cost of educating these students. This result was $178,802. See Minuteman, Statement of the Problem, supra note 291, at 2. 300 See supra note 299. 301 SARAH CARLETON, CHRISTINE LYNCH & ROBERT ODONNELL, SCHOOL DISTRICT CONSOLIDATIONS IN MASSACHUSETTS: OPPORTUNITIES AND OBSTACLES 12 (Mass. Dept. of Elementary and Secondary Educ. & Office of Strategic Planning, Research, and Evaluation eds., 2009), available at http://www.doe.mass.edu/research/reports/1109consolidation.pdf. 302 Id. 303 MASS. GEN. LAWS ANN. ch.74 8A (West, Westlaw current through Chapter 38 of the 2014 2nd Annual Session). 304 See Transportation Reimbursement, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://www.doe.mass.edu/finance/transportation/ (last updated July 5, 2013). 305 Id. 306 Id.; see infra Figure 7-1. 307 Transportation Reimbursement, supra note 304; see infra Figure 7-1.
37 an increase in costs of $17.2M and have experienced a decrease in funding of $12.6M, not considering inflation. 308
Figure 7-1
308 Transportation Reimbursement, supra note 304; see supra Figures 6-1, 6-2.
38 Figure 7-2. 309
While there is no specific data to pinpoint, it may be reasonable to assume that there is a disincentive for school administrators to regionalize or increase enrollments because the school may not be properly reimbursed for providing transportation. Further, the substantial funding decreases for transportation may pose a major obstacle to vocational schools that may be interested in increasing enrollments through the waiting list or in general. Finally, since costs in other categories apart from transportation are being spent at a greater rate for vocational education as compared to college-centric education, the impact of inadequate transportation aid hits the vocational schools harder than it does for college-centric education.
C. Building Assistance and Capital Funding
The Massachusetts School Building Authority (MSBA) is the agency responsible for overseeing construction projects for school buildings and is in charge of allocating state resources. 310 The MSBA was established by the Commonwealth in 2004 to replace a program operating under the Massachusetts Department of Elementary and Secondary Education (DESE) and operates as a quasi-independent authority to reform the process of capital improvement projects in the states public schools. 311 Funding for school buildings is derived from one penny of the states 6.25% sales tax. 312 The MSBA has made more than $10.2 billion in reimbursements to cities, towns and regional school districts for construction projects. 313
The legislature sets many frameworks for the MSBA to follow. The MSBA approves school projects and reimbursements in accordance with eight priorities: (1) buildings that are structurally unsound or could jeopardize health and safety of children; (2) school projects to eliminate existing severe overcrowding; (3) projects to prevent loss of accreditation; (4) projects to prevent severe overcrowding expected to result from increased enrollments; (5) projects that modernize heating systems to increase energy conservation; (6) projects to eliminate short-term enrollment growth; (7) projects to replace or add to obsolete buildings; and (8) projects that are court-ordered or otherwise mandated by some authority. 314 School projects
309 See supra Figure 7-1; Transportation Reimbursement, supra note 304. 310 About Us, MASSACHUSETTS SCHOOL BUILDING AUTHORITY, http://www.massschoolbuildings.org/about (last visited Mar. 3, 2014, 4:48 PM). 311 Id. 312 Id. 313 Id. 314 MASS. GEN. LAWS ANN. ch. 70B 8 (West, Westlaw current through Chapter 38 of the 2014 Annual Session).
39 cannot be funded without a waiver for any district that fails to spend at least 50% of its Foundation Budget for foundation utility and ordinary maintenance expenses. 315
The MSBA determines funding allocation levels based upon a specific base percentage and the school districts ability to pay, provided that the reimbursement does not exceed 80% of total costs for the project. 316 The present base rate is 31%, which works for many school districts, but disproportionately affects vocational schools that take students from other districts. 317 According to State Sen. Ken Donnelly (D-Arlington), for schools like Minuteman where half the students do not belong to the district, member districts representing 50 percent of the school [end up] paying 100% of the bill. 318 State. Sen. Donnelly has introduced legislation that would adjust the base level for regional schools to 41%, and vocational technical schools to 51%. 319 Without changing the base rate, member communities of regional vocational schools carry a disproportionately high burden of the capital costs to improve their schools. If the schools are not able to afford this share, then the schools may not be able to expand their facilities to provide greater access to students on the waiting list. This may be even more problematic considering the need for capital funds exceeds the present budgeted resources. 320 With lack of physical space being a top reason for a school having a waiting list, finding ways to increase capital funds and increasing the number of applications approved for building expansion projects is needed. 321 The importance of the MSBA is discussed further in the Part VI: Solutions.
D. Concluding Thoughts on Funding
As this section lays out, there are many obstacles to overcome to increase access to vocational education for thousands of students waiting to pursue a path to towards a practical career and an answer to Massachusettss need to fill future jobs. While the waiting list, the concept of college and career readiness, and funding are all distinct obstacles, they all interplay. To increase access to vocational schools by removing students from the waiting list and to ensure that students are college and career ready, vocational education needs an increase in funding. More funding provides schools with the resources needed to accommodate more students, but also to insure that each student is provided with an adequate education to make each college and career ready.
315 Id. 316 MASS. GEN. LAWS ANN. ch. 70B 10 (West, Westlaw current through Chapter 38 of the 2014 Annual Session). 317 Id.; see Marc Filippino, Proposed Bill Would Provide Higher Reimbursement Rate for New Regional School Construction, WICKED LOCAL (September 1, 2013 12:19 PM), http://www.wickedlocal.com/x1655335912/Proposed-bill-would-provide-higher- reimbursement-rate-for-new-regional-school-construction?photo=0. 318 ch. 70B 10; see Marc Filippino, supra note 317. 319 The Senator is proposing that reimbursement be increased by 10% for regional schools and 20% for regional vocational schools. To calculate these percentages, this 10% increase was added to the present base rate, which is 31%. ch. 70B 10; see Marc Filippino, supra note 317. 320 As per a review of the working documents provided by the Building Assistance Department, only a portion of the applications for projects are funded. 321 See infra Appendix X-2.
40 V. MASSACHUSETTS IS FAILING ITS OBLIGATION TO STUDENTS UNDER STATE AND FEDERAL LAW
As established in the Context Section there are strong policy arguments regarding both students and the economys reliance on vocational education. 322 These support the argument as to why the State should fix the access and quality problems outlined in the Obstacles Section, regardless of whether it has a legal duty to do so. 323 However, this section explores several possible legal arguments, which may establish a legal obligation on the State to address the obstacles vocational education faces. Federal and state laws impose legal duties on the State to provide access to high quality vocational education.
First this section evaluates how the State constitution requires the public school system to provide access to vocational education, regardless of whether a school is situated in a low- or high-income community. Next, it explores the federal civil rights laws that require the state to ensure that students of color are not being disproportionately denied access to vocational education. Finally, this section reviews Massachusetts agreement with the federal government to make the States students, including vocational students, college and career ready. The manner in which Massachusetts delivers vocational education and students lack of access to it likely violates these three areas of federal and state laws. Continued violation of these legal obligations could ignite a state constitutional challenge and federal investigations of the school system, which in turn would begin to address the access and quality issues of vocational education.
A. Massachusetts Has a Constitutional Duty to Provide Access to Vocational Education
The state constitution requires the states public school system to provide access to vocational education. 324 By denying students entry into vocational programs, it is possible that the state is violating the constitution. The Court could potentially force the state to reform the vocational education system by increasing access to vocational programs. This section will explain the specific case law that created this duty and provide an explanation of a potential constitutional claim against the state for denying access to vocational education.
1. Background on Case Law
In 1993, the Massachusetts Supreme Judicial Court (SJC) found that the states public school system was failing to provide its students with an education that complied with the education clause in the states constitution. 325 In McDuffy v. Secretary of Executive Office of Education, the Court held that Massachusetts has an affirmative duty to provide all students with an education. 326
322 See supra Part II. 323 See supra Part II. 324 McDuffy v. Secy of Exec. Office of Educ., 615 N.E.2d. 516, 519 (Mass. 1993). 325 Id. at 552. 326 Id. at 519.
41 At just 18 years old, I am one of the youngest State Vehicle Inspectors in Massachusetts, if not the youngest, and definitely the first Assabet Valley student to get the license while still a senior.
Nick. Assabet Valley Regional Vocational Technical School. Twelve years after the McDuffy ruling, parents approached the court once again, still dissatisfied with the lack of improvement in their childrens education. 327 In Hancock v. Commissioner of Education, the SJC reaffirmed the States duty to educate all children. 328 However, the Court refused to find that Massachusetts was neglecting this duty. 329 Rather, the Court acknowledged that the legislature had created a statewide plan for education reform and noted that the McDuffy ruling was beginning to work in significant ways. 330 The Hancock Court found that delays in the implementation of the act were explainable, and presumed that the state would continue to work expeditiously to honor its duty to educate, as prescribed by McDuffy. 331
2. How McDuffy Established the Duty to Provide Education to All
As mentioned, the McDuffy decision dictated that the state has a constitutional duty to provide education to all of its students. 332 The 16 plaintiffs, each from different municipalities, alleged that the state provided them with an inadequate education when compared to students residing in wealthier towns. 333 Before McDuffy, each municipality funded its own education system, almost entirely through local property taxes. 334 The disparities in funding, therefore, were inherent and widespread, due to the enormous differential in property tax revenues between districts. 335 The plaintiffs thus claimed, and the Court agreed, that the states school- financing system effectively denied the plaintiffs an equal education to their more affluent counterparts. 336
The Court found that the state was neglecting its duty to cherish the interests of literature and the sciences [emphasis added]. 337
Interpreting the language in the sense most obvious to the common intelligence! according to the familiar and approved usage of the language, the Court determined that it is reasonable! to understand the duty to cherish public schools as a duty to ensure that the public schools achieve their object and educate the people. 338 The Court further concluded that this duty extends to prepare [students] to participate as free citizens of a free state to meet the needs and interests of! the Commonwealth of Massachusetts. 339 More generally, the McDuffy Court established an unwavering duty upon the state to provide an equal education to all students. 340
Upon the establishment of this duty, the Court turned to whether Massachusetts was, in fact, in violation of it. The Court declared that the state has a duty to provide an education for all its children, rich and
327 Hancock v. Commr of Educ., 822 N.E.2d 1134, 1137-38 (Mass. 2005). 328 Id. at 1138, 1152. 329 Id. at 1138. 330 Id. at 1138, 1156. 331 Id. at 1138-39, 1156-57. 332 McDuffy, 615 N.E.2d at 519. 333 Id. at 516, 520-22. 334 Id. at 550-51. 335 Id. at 522. 336 Id. at 552. 337 MA. CONST. pt. II, ch. 5 2; McDuffy, 615 N.E.2d at 517-18, 552. 338 McDuffy, 615 N.E.2d at 523-25. 339 Id. at 548. 340 Id. at 545.
42 "Keefe was a great base for my construction career, and prepared me well for Wentworth."
Paul. Joseph P. Keefe Technical School. poor, throughout the Commonwealth [emphasis in original]. 341 The Court further concluded that the children in the less affluent communities! are not receiving their constitutional entitlement of education as intended and mandated by the framers of the Constitution, and thus, the Commonwealth has failed to meet its constitutional obligation. 342
Having determined that Massachusetts was failing to meet its constitutional obligation to provide equal public education to all, the Court offered the Commonwealth guidance on how to fulfill this duty. 343
Specifically, the Court looked to a 1989 Kentucky case, Rose v. Council for Better Education. 344 It wholly adopted the benchmarks set forth in Rose, seven standards created to establish an efficient school system. 345 The last two standards are particularly pertinent to vocational education and read:
vi) Sufficient training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and pursue life work intelligently; and
vii) Sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market. 346
These standards will be discussed in further detail below. 347
3. Hancock Did Not Address the Specific Needs of Vocational Education
Three days after McDuffy was decided, the Massachusetts legislature passed the Education Reform Act (ERA), which increased state aid by establishing the Chapter 70 foundation budget formula discussed in the Funding Section of this white paper and made other improvements to reform the education system. 348 However, despite the McDuffy ruling and the new ERA, parents dissatisfaction with the school system continued. In 1999, parents once again filed suit. 349 The allegations continued to center around inadequate and unequal funding. 350 However, the court concluded that Massachusetts [was not] presently neglecting [nor] is likely to neglect its constitutional duties. 351
Chief Justice Margaret Marshall, author of the Hancock plurality opinion, wrote that, in spite of the States progress, the goals of education reform adopted since McDuffy have not [yet] been fully achieved. 352
341 Id. at 548. 342 Id. at 552. 343 Id. at 554. 344 Rose v. Council for Better Educ., 790 S.W.2d 186 (Ky. 1989). 345 McDuffy, 615 N.E.2d at 554-55; Rose, 790 S.W.2d at 212. 346 McDuffy, 615 N.E.2d at 554 (citing Rose, 790 S.W.2d at 212). 347 See infra Part V(A)(4)(ii). 348 The following improvements of Massachusettss education system resulting from the ERA led the court to find in favor of Massachusetts in Hancock: unified public school system, the elimination of teacher tenure, and the improvements of teacher qualifications, creation and calculation of the foundation budget, and the use of comprehensive, objective standards for measuring the quality of education were actions implemented by the Education Reform Act (ERA) that accounted for the positive changes within the system. Hancock v. Commr of Educ., 822 N.E.2d 1134, 1137-39 (Mass. 2005). 349 Hancock, 822 N.E.2d. 350 Id. at 1145. 351 Id. at 1155.
43 Justice Marshall stressed that the Courts judgment rested upon a trajectory of progress since McDuffy, and noted that future legal action might be necessary, writing in her opinion that nothing I say today would insulate [Massachusetts] from a successful challenge under the education clause in different circumstances. 353 This declaration leaves an open door for vocational education advocates to take a stance. Vocational education constitutes a different circumstance. As discussed in the Funding Section, vocational education, unlike general education, requires different resources, has different needs, and may not be receiving adequate funding by the state making it an appealing candidate for successful litigation.
4. Applying the Constitution and Rose Standards to Vocational Education
Both the state constitution and the Rose Standards require Massachusetts to provide its students with an education that promotes vocations.
i. Vocational Education and the Constitution
The constitutional mandate requires the promotion of trades, manufactur[ing] in education. 354 It is fair to say that the current college-centric education system does not focus on such vocations; vocational education does. The problem, however, lies in the fact that vocational schools cannot accept any more students because of physical and financial restraints. 355 This leaves thousands of students on waiting lists, essentially denying them the education to which they are entitled per the states constitution. 356
Further, the constitution notes that this education must prepare students to meet the needs of the state. 357
Currently there are deficits in middle-skilled labor positions, which make up approximately 40% of all jobs in Massachusetts. 358 By denying students entrance into vocational programs, by way of inadequate funding, the state is not only denying the students a right to an education, but it is denying them their right to be prepared to serve the interests of the state, that is, filling those empty manufacturing positions.
McDuffy extended the states constitutional duty to include equality in terms of funding. 359 The Court declared that financial disparities in how the state funds schools are indicative of a constitutional violation. 360 This concept is especially prominent in the vocational education system. Many of the schools with the largest waitlists are schools that receive the least funding. 361 Conversely, based on the survey, schools that are funded the best do not have waitlists, and could, potentially, accommodate even more students. 362 The funding level of a school directly correlates to the existence and size of a waitlist of that vocational school. 363 Being denied access to a vocational school violates the mandate set out in McDuffy of providing an education for both the rich and poor. 364 This was deemed unconstitutional in McDuffy the only difference being that McDuffy was not referring directly to vocational education. All the same, however, financial disparities resulting in unequal education was deemed a violation of the education clause of the Massachusetts constitution. 365 There is no reason that the same disparities in the
352 Id. at 1140. 353 Id. 354 MA. CONST., pt. II, ch. 5, 2; McDuffy, 615 N.E.2d at 522 (citing Lincoln v. Secy of the Commonwealth, 93 N.E.2d 744, 747 (Mass. 1950)). 355 See infra Appendix X-2. 356 See infra Appendix X-1. 357 MA. CONST. ,pt. II, ch. 5, 2. 358 Thomas Kochan, David Finegold & Paul Osterman, Who Can Fix the "Middle-Skills Gap?, HARV. BUS. REV., Dec. 2012, at 3. 359 McDuffy, 615 N.E.2d at 552. 360 Id. at 522. 361 See supra Part III(C)(1); See infra Appendix X-1. 362 See supra p. 15. 363 See infra Appendix X-1. 364 McDuffy, 615 N.E.2d at 548. 365 Id. at 552.
44 My favorite part about Shawsheen is the positive and safe atmosphere here!
Chase. Shawsheen Valley Regional Technical School. context of vocational education should be deemed constitutional. For example, as the Funding Section analyzed from Figure 6-1, a wealth distribution issue creates financial disparities between wealthier and low-income school districts, as well as between regular academic high schools and vocational high schools. 366 As the analysis showed, the amount of funds that were contributed above the average foundation budget per pupil, decreased for both regular and vocational education as one looked at the less wealthy districts spending on average expenditures per pupil spending. 367 In addition, the amount of funds contributed above the foundation budget per pupil was greater for regular education than for vocational education. 368 The assumptions surrounding this analysis suggest that a wealth distribution problem exists. As already stated, these same financial disparities that were found in McDuffy should apply in the context of vocational education, and therefore, should be deemed unconstitutional.
ii. Vocational Education and the Rose Standards?
The McDuffy court adopted the Rose Standards in their entirety. 369 These standards establish what an efficient school system must provide. It is clear that these standards of, vi) sufficient training in academic or vocational fields so a child can pursue life work and vii) sufficient levels of academic or vocational skills so students can compete favorably in academics or in the job market, suggests that the state is required to provide vocational training through their school system. 370 By denying students entry into a vocational program, the state is thereby violating the ruling of McDuffy which implies a direct violation of the constitution. In adopting these standards, the Court recognizes that there are necessary alternatives to the college-centric educational path, which bolsters a plea to the Court to now reform the vocational education system by increasing access to vocational education in order to support these two standards.
B. Is Massachusetts Current Vocational Education System in Violation of Title VI?
The ways in which Massachusetts limits access to vocational education may not only be a violation of the State Constitution, but also federal civil rights laws. Title VI is a section of the Civil Rights Act of 1964, which prohibits programs that receive federal financial assistance from discriminating against individuals based on their race, color, or national origin. 371 In whole, Title VI reads: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 372
The waiting list survey established that thousands of students across Massachusetts are waiting to get into vocational education programs. 373 According to current data, students of color may be disproportionately represented on these waiting lists. 374 If students of color are overrepresented on waiting
366 See supra Figure 6-2. 367 See supra Figure 6-3. 368 See supra Figure 6-3. 369 McDuffy, 615 N.E.2d at 554-55. 370 Id. at 554 (citing Rose, 790 S.W.2d at 212). 371 42 U.S.C.A. 2000d (West, Westlaw current through P.L. 113-74). 372 Id. 373 The survey recorded 4,629 students on wait lists across the state; see infra Appendix X-1. 374 See infra Appendix X-1.
45 lists, they are also disproportionately being denied access to vocational education. By disproportionately denying students of color access to vocational education programs the Massachusetts Department of Elementary and Secondary Education (DESE) violates Title VI of the Civil Rights Act of 1964, its implementing regulations, and its guidelines. 375
In combination, Title VI and its regulations forbid not only deliberate or intentional discrimination, but also otherwise well-intended practices that have a disparate negative impact on one of the groups enumerated in Title VI. 376 In 2001, the Supreme Court of the United States decided that private individuals could directly sue for a violation of Title VI only if the discrimination was intentional. 377 If an intent to discriminate cannot be proven, private individuals cannot sue, but may still file a complaint with the Department of Justice or the Office of Civil Rights within the relevant federal agency, as will be discussed further below. 378 Federal agencies have a responsibility under Title VI to prevent both deliberate and unintended (disparate impact) discrimination in programs receiving funding under their jurisdictions. 379 The federal Department of Justice may also file lawsuits against offending parties for disparate impact violations. 380
Recipients of federal funds are obligated to follow Title VI and its implementing regulations. 381 A recipient of federal financial assistance (recipient) under Title VI includes any State, political subdivision of any state! to whom federal financial assistance is extended! for any program. 382 The DESE is a state educational agency in receipt of federal funding and therefore is obligated to follow the mandates set out in Title VI and its relevant implementing regulations.
1. Title VI Regulations Define Discriminatory Actions
As a federal agency, the federal Department of Education (DOE) has the authority to develop Title VI regulations to direct local education agencies funded by the DOE, such as the Massachusetts DESE. 383
The Title VI regulations promulgated by DOE define numerous discriminatory actions by recipients of federal funds that are prohibited if they have a disparate impact based on race, color, or national origin. 384
For example, a recipient of funds cannot deny an individual any service, financial aid, or other benefit provided under the program. 385 Additionally, a recipient cannot restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program. 386 The Title VI regulations also include provisions regarding the denial of access to vocational programs to minorities and the difficulties that minorities face in enrolling in vocational programs, which will be discussed in greater detail below. 387
Recipients of federal funds also have affirmative duties under these regulations. 388 Recipients must keep records of data relevant to compliance with Title VI. 389 For example, recipients must compile demographic
375 42 U.S.C.A. 2000d; 34 C.F.R. pt.100.1 (West, Westlaw current through February 6, 2014). 376 34 C.F.R. pt.100, App. B. 377 Alexander v. Sandoval, 532 U.S. 275, 293 (2001). 378 U.S. DEPT. OF EDUC., HOW TO FILE A DISCRIMINATION COMPLAINT WITH THE OFFICE FOR CIVIL RIGHTS (2010). 379 42 U.S.C.A. 2000; 34 C.F.R. pt.100.1. 380 Title VI of the Civil Rights Act of 1964, UNITED STATES DEPARTMENT OF JUSTICE, http://www.justice.gov/crt/about/cor/coord/titlevi.php (last updated Oct. 31 st , 2013). 381 34 C.F.R. pt.100.1. 382 34 C.F.R. pt.100.13 (West, Westlaw current through February 6, 2014). 383 42 U.S.C.A. 2000d-1 (West, Westlaw current through P.L. 113-74). 384 See infra Appendix F. 385 34 C.F.R. pt.100.3 (West, Westlaw current through February 6, 2014). 386 Id. 387 34 C.F.R. pt.100, app. B. 388 34 C.F.R. pt.100.6 (West, Westlaw current through February 6, 2014). 389 Id.
46 data showing the availability of federally financially assisted education programs and the extent to which various racial and ethnic groups utilize these programs. 390 This requires recipients to keep demographic data on current vocational programs, as well as make them available to the responsible DOE official in order for that department to ensure cooperation and offer any assistance for compliance. 391 If this information does not exist, the recipient must ensure that efforts are being made to find and evaluate this data. 392 Recipients of federal funding must also make participants and beneficiaries i.e. vocational education programs and students aware of the provisions and prohibitions of Title VI to assure them of the protections offered. 393
i. Title VI Vocational Education Guidelines Greatly Impact the Massachusetts DESE
Title VI regulations include explicit guidelines for eliminating discrimination in vocational schools. 394 The guidelines apply to recipients of any federal financial assistance from the Department of Education that offer or administer programs of vocational education or training. This includes state agency recipients. 395
The DESE is directly responsible for administering vocational programs across the state. 396 As its website states, the Office for Career/Vocational Technical Education, a division of the DESE, administers Massachusetts' General Law (M.G.L.) Chapter 74 governing vocational technical education programs in public school districts ! and the federal Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational Education Programs. 397
Vocational education is a program or activity within the meaning of the 34 CFR, Part 100, Appendix B guidelines and is required to eliminate discrimination. 398 The DESE is responsible for administering vocational education and the civil rights guidelines pertaining to them. Thus, it is clear that the requirements of the guidelines apply directly to the Massachusetts DESE, not just to the vocational schools themselves.
ii. Title VI Guidelines Define the Scope of DESEs Obligations
These guidelines, Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs, provide specific obligations for education agencies, such as the Massachusetts DESE. 399 The DESE may not require, approve of, or engage in any discrimination or denial of services to students on the basis of race, color, or national origin in the following circumstances:
1) Establishment of criteria or formulas for distribution of Federal or State funds to vocational programs in the State; 2) Requirements for admissions; and 3) Approval of action by local entities. 400
390 Id. 391 Id. 392 Id. 393 Id. 394 34 C.F.R. pt.100, app. B. 395 Id.; see also About OCR, OFFICE FOR CIVIL RIGHTS, UNITED STATES DEPARTMENT OF EDUCATION, http://www2.ed.gov/about/offices/list/ocr/aboutocr.html (last modified May 29, 2012). 396 MASS. GEN. LAWS ANN. ch.74 2 (West, Westlaw current through Chapter 38 of the 2014 2nd Annual Session). 397 Office for Career and Vocational Technical Education, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://www.doe.mass.edu/cte/ (last updated Mar. 4, 2014). 398 The federal Office of Civil Rights released specific guidance on this topic Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational Education Programs (The Guidelines); 34 C.F.R. pt.100, app. B. 399 Id. 400 Id.; See analysis infra Appendix I.
47 Essex Aggie is a good choice. They get you really ready for a career that you would like!This is a much better choice for me. Half is academic and the other is agricultural.
Student. Essex Agricultural and Technical High School.
These requirements apply in instances of either intentional or unintentional (disparate impact) discrimination. 401
In its oversight capacity, the Massachusetts DESE must adopt a compliance program that will prevent, identify and remedy discrimination by vocational programs. 402 These programs must include collecting and analyzing civil rights related data ! conducting periodic compliance reviews ! providing technical assistance ! [and] periodically reporting its activities and findings. 403 The demographic profiles of the waiting lists, for example, are the type of data that the DESE could collect to understand and correct for any disparate impact on childrens access to vocational programs. 404
The Title VI guidelines require that the DESE must distribute federal, state, or local vocational education funds so that no student or group of students is unlawfully denied an equal opportunity to benefit from vocational education on the basis of race, color, national origin. 405 Further, the guidelines specify that recipients of federal assistance, such as the DESE, may not adopt a formula or other method for the allocation of federal, state, or local vocational education funds that has the effect of discriminating [emphasis added]. 406 Therefore, the DESE must ensure that its funding schemes do not have a discriminatory impact.
If the Massachusetts vocational education system is structured in a way that poses greater obstacles, or provides less effective services, for racial minorities, then DESE, as the responsible state agency, is in violation of DOEs Title VI regulations and guidelines.
2. Massachusetts May be Disproportionately Denying Students of Color Access to Vocational Education
The data revealed through the waiting list survey results suggest that students of color may be disproportionately denied access to vocational programs. 407 Trends within the data suggest that if the federal DOEs Office of Civil Rights (OCR) collected more data, then even stronger evidence for a Title VI claim may emerge. 408 Of the eight schools with higher-than-average minority populations, four had waitlists and three had waitlists larger than 15% of the total of current enrollment. 409 However, the data is inadequate to determine this disparate impact conclusively. Of the 32 responses received, only eight were from schools
401 This distinction between intentional discrimination and unintentional discrimination is critical because in cases involving intentional discrimination, the aggrieved party would have the right to sue the offending agency. However, if the discrimination is unintentional, then the party that has been subject to discrimination does not have direct access to the courts to rectify the Title VI violations; Title VI of the Civil Rights Act of 1964, supra note 380. 402 34 C.F.R. pt.100, app. B. 403 State agencies performing oversight responsibilities; 34 C.F.R. pt.100, app. B. 404 See infra Appendix X-1. 405 34 C.F.R. pt.100, app. B. 406 Id. 407 See infra Appendix X-1. 408 OCR has the authority to enforce Title VI violations across the country. OCR is a federal department with regional offices that focus on the local areas. About OCR, supra note 395. 409 See infra Appendix X-1.
48 Our students receive two educations in one. Because of our scheduling for academic classes, our students receive the same amount of academic instruction as students enrolled in academic high schools, plus authentic, hands-on instruction in a chosen technical area.
C.H. McCann Technical High School. with populations with a higher minority population than the state average. 410 With such a small sample, no definitive conclusion can be drawn about the relative access of different populations. These results also fail to account for several large metropolitan areas with high populations of students of color including Holyoke, Brockton, Lowell, Somerville, and Worcester, among others. 411
Data from these major cities would illuminate whether a more significant trend exists, thereby indicating disparate impact. Should advocates or OCR conduct additional investigation, targeted outreach to these metropolitan school districts would help determine the extent of the impact on students of color. If, after further data is received, it appears that schools within these areas have disproportionately long waitlists, then advocates will have a strong Title VI claim.
3. Distribution of Funds
As Section III Obstacles of this white paper discusses, (4. Students of Color), students of color are likely being disproportionately denied services to vocational programs. 412 To reiterate the statistics discussed in Section III Obstacles, over 37% of the schools with large populations of students of color have significant survey waiting lists. 413 Half of the schools with large populations of students of color are in the bottom two funding quintiles. 414 As the Funding section of this white paper discusses, schools in wealthier cities and towns likely have a greater ability to raise additional funds to contribute above their total require spending determined by the Foundation Budget as compared to less wealthy cities and towns. 415 As Figure 6-3 reveals, when one moved from wealthy to less wealthy areas, districts average expenditures per pupil, the amount of spending above the foundation budget per pupil, decreased for both regular and vocational education. 416 If half the schools with large populations of students of color are in the bottom two funding quintiles and also have significant survey waiting lists, then this may suggest that the current funding scheme has a disproportionate impact on students of colors access to vocational education because the waiting list survey showed that being less well-funded was a strong indicator that a school has a waiting list. If so, the funding formula would have the effect of denying equal access to vocational programs, which would be in violation of Title VI and the above mentioned guidelines. As Section III: Waiting Lists at MA Vocational Schools: Survey also highlights, of the 32 responses received, only eight were from schools with a higher minority population than the state average. 417 These results fail to account for several large metropolitan areas with high populations of students of color that did not respond to the survey. Data from these major cities may indicate a stronger trend of disproportionate lack of access to vocational programs for students of color. An OCR complaint and subsequent investigation may be a
410 The demographic information used to analyze the waitlist results was compiled from publicly available school profiles DESE data from 2103, the most current data available. This demographic data is based on the student population of the school itself, not the waitlist. Schools do not currently collect or analyze demographic information of students on their waitlist. So, the demographics of the schools were used as a proxy for that information as it is the closest indicator available. See infra Appendix X-1. 411 See infra Appendix X-1. 412 See supra Part III(C)(4). 413 See supra p. 18. 414 See infra Appendix X-1. 415 See supra p. 27. 416 See supra Figure 6-3. 417 See supra p. 18.
49 means to collect more data and to provide further information about the factors that appear to be contributing to this disparity.
4. Title VI Enforcement Mechanisms
Should more data reveal a strong trend of disproportionately large waiting lists in schools with large minority populations, or that the current funding scheme has a disparate impact on minority students, advocates could file a complaint with OCR. 418 Advocates would be permitted to file this complaint with the OCR on behalf of the students of color on the waiting list, as the official guidelines permit that the party filing the complaint need not be a victim of the discrimination. 419 Filing a complaint with the OCR would encourage the federal agency to investigate the matter and file notice with the Massachusetts DESE, which could possibly lead to negotiations and a resolution. 420
i. OCR Interprets Title VI within Specialized Programs Broadly
In recent years, OCR has interpreted Title VI broadly when evaluating claims of disparate impact discrimination in specialized programs. Should advocates file a complaint, the OCR will likely consider a disproportionate presence of students of color on the waiting lists for vocational schools a compliance concern under Title VI. Title VIs application to advanced placement (AP) course programs offers a noteworthy parallel. An AP course track is designed specifically to make students college and career ready. 421 Similarly, the vocational education track is designed to prepare a Massachusetts student for a career, by giving him/her the tangible skills required to serve the interest of the Commonwealth. OCR has conducted compliance reviews of at least two school districts to investigate whether they disproportionately denied students of color access to AP courses. 422 Since OCR does not appear to have conducted any recent reviews of vocational education specifically, its analysis of AP programs may explain how it might assess access to specialized career and vocational education opportunities.
One of the AP compliance reviews was of the White Plains (NY) Public School District. 423 The goal of the review was to ensure that all students are provided with equal access and an equal opportunity to participate in the identified courses and programs. 424 To do so, the OCR asked White Plains to reevaluate its admission criteria for the programs to ensure that applicants of color had an equal chance to participate in these programs. 425
Similarly, OCR may ask the Massachusetts DESE to provide support to its vocational schools so the schools can expand their ability to enroll students from the waiting list. Students of color, who may be disproportionately represented on those waiting lists, should have an equal chance to participate in courses that will help them become college and career ready, just as AP courses do. As the Funding Section discusses, the Chapter 70 foundation budget formula neglects to consider waiting list numbers when calculating how much money each district needs to ensure an adequate education for all its students. The Waiting List Section of this white paper also discusses the relationship between having a
418 34 C.F.R. Pt.100.7 (West, Westlaw current through February 6, 2014); see also infra Appendix F (including specific information about what the complaint must include and the process for filing). 419 "Any person who believes himself or any specific class of individuals to be subjected to discrimination...may by himself or by a representative file with the responsible Department official....a written complaint." 34 C.F.R. pt.100.7. 420 Id. 421 CHRISTOPHER P. CLOUET, RESOLUTION AGREEMENT: WHITE PLAINS PUBLIC SCHOOL DISTRICT CASE NO. 02-11-5001, at 6 (2013). 422 See, e.g., CHRISTOPHER P. CLOUET, supra note 421. 423 Office for Civil Rights, Reading Room: Title VI of the Civil Rights Act of 1964: College and Career Readiness Programs and Courses: White Plains Public School District (NY), OCR Case No. 02-11-5001, UNITED STATES DEPARTMENT OF EDUCATION, https://www2.ed.gov/about/offices/list/ocr/docs/investigations/02115001.html (last updated May 8, 2013) [hereinafter Office for Civil Rights: White Plains]. 424 Id. 425 Id.
50 waiting list and the degree of being underfunded. With these two observations in mind, DESE may be required to increase funding to the schools with large waiting lists so that they have the capacity to accept more students, if students of color are being disproportionately represented on those waiting lists.
A holistic evaluation will be necessary to evaluate how Massachusetts administers its vocational programing. 426 If there is greater access to vocational programs in predominantly white districts, while schools with a high percentage of students of color have disproportionately large waiting lists, the OCR may also target Massachusetts for review.
OCR has investigated several large-scale educational systems, indicating its possible willingness to evaluate this cross-district issue. 427 The Boston Public School system was reviewed in 2010 for its failure to provide sufficient services to ensure that English language learners receive adequate instruction. 428 The OCR Assistant Secretary of Civil Rights has indicated that OCR is also addressing systemic issues such as the practice of assigning the least qualified teachers to poor and predominantly minority schools in an effort to narrow the achievement gap between white students and students of color. 429
The current trend of the OCR in initiating more investigations of Title VI violations is encouraging. The OCR is very much trying to end discrimination no matter where students go to school, according to the assistant secretary for civil rights, Russlynn Ali, who has run the OCR since May 2009. 430 This trend is supported by the promise to significantly increase enforcement actions and the public acknowledgement that the OCR has not vigorously investigated Title VI complaints over the past 10 years. 431 OCR received about 7,000 complaints in 2013, a record for the department, and school districts are under investigation for a range of possible violations, including failure to provide minority students with access to college and career track courses. 432
ii. The Title VI Complaint Process Offers Various Remedies
Upon filing the complaint, the OCR can begin an investigation to determine whether or not there is a violation of Title VI, and, if a violation is found, the OCR will attempt to obtain voluntary compliance by the
426 An investigation of a South Carolina school system found that black students were disproportionately underrepresented in AP level courses. The investigation evaluated school districts that concentrated AP courses at majority white high schools, robbing black students of the chance to take college-track course. Because of the OCR investigation, AP classes have become more prevalent in majority black high schools. The investigation looked at the system as a whole and evaluated which programs were being offered at majority white schools as compared to majority students of color. 427 See, e.g., Office for Civil Rights, Reading Room: Title VI of the Civil Rights Act of 1964: Language Support Services to ELLs: Boston (MA) Public Schools: (01105001), UNITED STATES DEPARTMENT OF EDUCATION, http://www2.ed.gov/about/offices/list/ocr/docs/investigations/01105001.html (last modified May 9, 2012) [hereinafter Office for Civil Rights, Language Support Services]. 428 Office for Civil Rights, Settlement Agreement Between United States of America and Boston Public Schools, UNITED STATES DEPARTMENT OF EDUCATION, https://www2.ed.gov/about/offices/list/ocr/docs/investigations/01105001-b.pdf (Last visited March 5, 2014) [hereinafter Office for Civil Rights, Settlement Agreement]; see also Office for Civil Rights, Reading Room: Title VI of the Civil Rights Act of 1964: ELL Teachers Fluency Arizona Department of Education: (08-10-4038), UNITED STATES DEPARTMENT OF EDUCATION, http://www2.ed.gov/about/offices/list/ocr/docs/investigations/08104038.html (last updated June 12, 2013) [hereinafter Office for Civil Rights, ELL Teachers Fluency]. 429 Nadra Kareem Nittle, U.S. Department of Education Investigating Record Number of Civil Rights Complaints, AMERICAS WIRE http://americaswire.org/drupal7/?q=content/us-department-education-investigating-record-number-civil-rights-complaints (last visited Feb. 13, 2014, 11:13 PM). 430 Id. 431 Further, during a 33-month period under the Obama administration, the OCR initiated 30 compliance reviews, compared to a total of 22 reviews under the entirety of the Bush administration. Id. 432 Id.
51 DESE to remedy the situation. 433 The OCR requires that the offender submit a plan of action for how it plans to eliminate Title VI violations. 434
According to the published guidelines on enforcement of Title VI, if the issue stems from a discriminatory funding formula, the agency receiving federal funds, such as the DESE, must adopt an alternative formula. 435 Further, the OCR has discretion regarding the requirement of compensation for the negative impacts of past discrimination. 436
OCR has required school districts to implement various remedies to resolve compliance reviews. 437 Most OCR actions and remedies are concerned with the policies or practices of a particular school district, whereas here the problem is with the states approach to delivering and funding vocational programs. 438
This may affect what remedies will be available and appropriate. However, the remedies used in the past are still instructive. For example, if a discriminatory service area or site selection leads to a lack of access to vocational programs, additional programs and services may be required to be provided to eligible for students who would have participated but for the discriminatory service area. 439 The district could also reassign the students to a different program. Recipients may also construct new facilities, but this could be an expensive burden on the system. 440 If students are subject to discrimination through an admissions process, the school system must implement an alternative system of admissions that does not disproportionately exclude minority students. 441 If Massachusetts students of color disproportionately apply to vocational schools and, because of capacity and funding issues, are not being admitted, districts may be required to adopt an OCR mandated remedy. 442
If voluntary compliance is not achieved through a compliance review, the case can either be transferred to the Department of Justice for court action, or proceedings can be initiated to terminate federal funding for the vocational program(s) in violation. 443 Termination of funding is a last resort, occurring only once the alleged violator has had a hearing before an administrative law judge and all appeals have been exhausted. 444
433 The information available on OCRs website is only regarding the complaints which have ended in successful resolution agreements. Without submitting a Freedom of Information Act request, we cannot get access to complaints which have failed or otherwise terminated outside of this process. 34 C.F.R. pt. 100, app. B. 434 The Guidelines for Eliminating Discrimination and Denial of Services include remedies for discrimination. 34 C.F.R. pt.100, app. B. 435 Id. 436 Id. 437 See, e.g. About OCR U.S. DEPT. OF ED., OFFICE OF CIVIL RIGHTS, http://www2.ed.gov/about/offices/list/ocr/docs/investigations/index.html#title6res (Last visited March 4, 2014). 438 See, e.g., id. 439 34 C.F.R. pt.100, app. B. 440 Id. 441 Id. 442 OCR implemented other remedies in the Metropolitan School District of Pike Township in Indianapolis where African Americans were not getting equal access to Advanced Placement courses. During the investigation, the district participated in a settlement agreement with the OCR. According to the agreement, the Pike Township School District will create a College Preparatory Course Committee that will make recommendations to ensure equal access to AP courses. Also, under the agreement the district will develop a monitoring plan that will review the effectiveness of the new plan. One of the major objectives of the review was to analyze whether students of color applied to these specialized programs and were disproportionately rejected from them. OCR was concerned with the statistical relationship between those students that applied and those that were accepted. Office for Civil Rights, Reading Room: Title VI of the Civil Rights Act of 1964: Access to Rigorous College Preparatory Courses: Metropolitan School District of Pike Township (IN) (05-08-5002), UNITED STATES DEPARTMENT OF EDUCATION, http://www2.ed.gov/about/offices/list/ocr/docs/investigations/05085002.html (last modified Dec. 18, 2012); CHRISTOPHER P. CLOUET, supra note 421, at 9. 443 34 C.F.R. pt.100.8 (West, Westlaw current through February 6, 2014). 444 Id.
52 Keefe and SkillsUSA gave me all the technical and professional qualities employers strive to find.
Chloe. Joseph P. Keefe Technical School. 5. Filing a Title VI Complaint May be Imperative to Address the Waiting List Problem
Although the success of a Title VI complaint is uncertain, simply filing a complaint could still be beneficial in addressing the waiting list problem throughout Massachusetts. However, advocates should consider sending a demand letter to DESE before filing an official complaint with OCR. The letter could explain the communitys concerns and provide an opportunity for DESE to discuss the issue with advocates before involving the federal government. The demand could explain that if informal negotiations fail to provide a solution then advocates will file a complaint with OCR.
Once filed, OCR complaints would likely increase the public pressure on the DESE and state policymakers to pay particular attention to vocational education. A filed complaint would flag this systematic problem to DESE administrators who may not be aware of the problems existence or of its discriminatory dimensions. Further, filing a formal complaint could rally support from the community who may have not been aware of the problem either.
Filing a complaint with the federal DOE would also allow the DOE to gather all relevant data that may not be readily available to advocates. As a recipient of federal funding, the DESE would have to have the ability to gather the demographic data of the schools and potentially the waiting lists in question. 445
The investigation process itself may be helpful to advocates regardless of outcome. OCR often files a document request to evaluate the status at the DESE. 446 Once the investigation concludes, the complainant or any member of the public can file a Freedom of Information Act request for these documents. 447 These documents could greatly help advocates independently assess their educational system.
C. Leaving No Child Behind: Massachusetts Duty to its Students
Massachusetts legal duty is not only to provide access to vocational education, as established through the constitution and Title VI, but also to provide a high quality academic education in vocational schools in order to ensure every student is college and career ready. Massachusetts must equip its vocational schools to serve a dual-purpose: provide a strong academic education for their students, and technical training to prepare their students for careers in their desired trades.
Historically, vocational education equipped students to enter the workforce directly from high school. Today, however, 73% of vocational education students in Massachusetts seek some sort of postsecondary education before beginning a career. 448 Data clearly supports a trend toward increasing post-vocational education, probably reflecting students desire to tap the growing middle-skilled labor
445 See infra Appendix X-1. 446 Office for Civil Rights, OCR Case Processing Manual, UNITED STATES DEPARTMENT OF EDUCATION, http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html#III (last visited Feb. 28, 2014). 447 What is the Freedom of Information Act, UNITED STATES DEPARTMENT OF JUSTICE, http://www.foia.gov/about.html http://www.foia.gov/about.html (last visited Feb. 28, 2014). 448 Plans of High School Graduates Class of 2012, MASSACHUSETTS DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION, http://www.doe.mass.edu/infoservices/reports/hsg/data.html?yr=12 (last updated Aug. 5, 2014).
53 market, which strongly favors workers with some sort of postsecondary degree. 449 Given the composition and demands of the 21 st century workforce, it is clearly in the best interest of any state to prepare its vocational high school students for success in postsecondary programs.
In applying for a waiver from the requirements of the federal No Child Left Behind Act, Massachusetts promised that its high school students would graduate from their respective schools, both academic and vocational, college and career ready. 450 Specifically, the Commonwealths proposal sought to enhance the state system by establishing a new goal: to cut our states proficiency gaps in half by 2017, thus reducing by half the proportion of students who are not college and career ready. 451 A subsequent press release in 2013 expanded on this definition, stating college and career ready meant graduating students who can enter a two-year college, a four-year college, a certificate program or an on-the-job-training program with no need for remediation. 452 Achieving this goal will require the high schools to adjust both their curricula and their student supports. 453 Currently, the Commonwealth is in danger of failing to achieve its promised goal, one that is essential for both academic and vocational students alike. 454
1. Career and College Readiness is Imperative for All Students
The initial purpose of vocational education was to prepare students for an occupation that did not require a bachelors degree. 455 Students were placed in three types of subjects: Specific labor market preparation (classes directly related to their chosen occupation), family and consumer sciences and general labor market preparation. 456 Students completed this coursework with an eye toward an entry-level job upon graduation, or occasionally a year or two of postsecondary training, but rarely as an entry point to the further education. 457
Getting a job that pays a living wage or, indeed, any job at all directly after high school is not the reality for the great majority of vocational education students today. Vocational high school graduates who choose to continue their education are sending a signal to the state of Massachusetts; they need their schools to prepare them for both college and a career. According to data compiled by the Massachusetts Department of Education, 73% of Chapter 74 funded students who graduated from a vocational or technical high school between 2007 and 2011 chose to continue their education in some manner. 458 Nearly 46% went on to a two- or four-year college program, whereas 26% joined the workforce immediately after high school. 459 While these statistics show success for vocational students, there is a movement growing towards post-secondary education that must be addressed.
These decisions, made by so many students and their families, reflect employment trends both nationally and in Massachusetts. Middle-skilled jobs, for many, are the pathway into the middle class. 460 According to the Georgetown University Center on Education and the Workforce, one thing is clear: Future demand will be for workers who have some kind of postsecondary training or education. 461 The Center also
449 ACHIEVE INC., THE FUTURE OF THE U.S. WORKFORCE: MIDDLE SKILL JOBS AND THE GROWING IMPORTANCE OF POSTSECONDARY EDUCATION 2 (KSA-Plus Communications, Inc. ed., 2012). 450 U.S. DEPT. OF EDUC., ESEA FLEXIBILITY REQUEST MASSACHUSETTS, App. 3 (2012) [hereinafter DEPT. OF EDUC., Flexibility Request]. 451 Id. at 12. 452 MASS. DEPT. OF ELEMENTARY AND SECONDARY EDUC. & MASS. DEPT. OF HIGHER EDUC., MASSACHUSETTS DEFINITION OF COLLEGE AND CAREER READINESS 1 (2013). 453 DEPT. OF EDUC., Flexibility Request, supra note 450, at 13. 454 See generally DEPT. OF EDUC., Flexibility Request, supra note 450. 455 KAREN LEVESQUE ET AL., VOCATIONAL EDUCATION IN THE UNITED STATES: TOWARD THE YEAR 2000 iii (2000) available at JSTOR. 456 Id. at 3. 457 Id. at 1. 458 16,008 out of 21,929 students. See infra Appendix Z. 459 See infra Appendix Z. 460 ACHIEVE INC., supra note 449, at 5. 461 Id. at 10.
54 projects 63% of all jobs will require some kind of postsecondary education and training by 2018. 462
Furthermore, 29% of all the job openings between 2008 and 2018 will be for workers with associate degrees or some college experience, (emphasis in original). 463 Similarly, through 2014, new job openings and the replacement of retirees will be represented by 33% of high skill positions, 22% of low skill positions, and 45% of middle skill positions, indicating that roughly 78% of all available jobs will require education beyond high school. 464 By 2018, the United States will have 46.8 million job openings. Thirty million of these jobs will require some kind of postsecondary education, and there will be a shortfall of 3 million individuals with the appropriate level of education to fill them. 465
The Commonwealth is no exception to this trend. Middle-skill jobs represent the largest share of jobs in Massachusetts some 44% and a substantial share of future job openings, according to the National Skills Coalition, a broad-based coalition and middle-skilled laborers advocacy group. 466 These positions are projected to continue to comprise close to 40% of Massachusetts total labor market in the foreseeable future. 467 Further, Massachusetts projected education trends for the subsequent fifteen years suggest that middle-skill worker shortages will continue. 468 Clearly, the Commonwealths goal is to prepare its students for the job market of the 21 st century. 469 Thus it follows, for the majority of vocational students, that this means being ready to succeed in postsecondary programs.
2. The Elementary and Secondary Education Act Evolves into No Child Left Behind
How to prepare students for college and careers has been the subject of both legislation and debate, in Massachusetts and at the federal level. In 2002, President George W. Bush signed a reauthorization of the Elementary and Secondary Education Act (ESEA) that became known as No Child Left Behind (NCLB). 470 NCLB enacted sweeping changes to public education. In particular, the Act imposed a state administered testing regime as a means of measuring adequate yearly progress, imposing severe sanctions on schools that failed to meet this objective. 471 The reauthorization of NCLB, however, left intact the waiver provisions of Section 9401 of the Elementary and Secondary Education Act, 472 which allow the U.S. Secretary of Education to adjust the requirements set by NCLB. 473
In 2011, Secretary of State Arne Duncan announced he would override NCLBs requirement requiring 100% math and reading proficiency by 2014, as it incentivized schools to lower their proficiency standards, undermining the laws credibility. 474 State waivers are now evaluated on the strength of their own testing and accountability programs, as well as demonstrable strides toward school improvement, as opposed to standardized test scores as a measure of proficiency. 475 An application for a NCLB waiver still must address the specific means by which the state will meet the goals of NCLB, but now the state has
462 Id. at 10. 463 Id. at 10. 464 Id. at 2. 465 Id., at 3. 466 MICHELLE WILCZYNSKI, ANDREA MAYO & AXIE BREEN, MASSACHUSETTS FORGOTTEN MIDDLE-SKILL JOBS: MEETING THE DEMANDS OF A 21 ST -CENTURY ECONOMY 4 (2010). 467 Id. at 7. 468 Id. at 17. 469 See generally DEPT. OF EDUC., FLEXIBILITY REQUEST, supra note 450. 470 No Child Left Behind Act of 2001, Pub. L. No. 107-110, 115 Stat. 1425 (2002) (codified as amended at 20 U.S.C.A. 6301(West, Westlaw current through P.L. 113-74) (2014)). 471 KERSTIN CARLSON LE FLOCH ET AL., STATE AND LOCAL IMPLEMENTATION OF THE NO CHILD LEFT BEHIND ACT VOLUME III - ACCOUNTABILITY UNDER NCLB: INTERIM REPORT 54 (2007), available at http://www2.ed.gov/rschstat/eval/disadv/nclb- accountability/nclb-accountability-final.pdf. 472 Waivers of Statutory and Regulatory Requirements, 20 U.S.C.A. 7861 (2002) (West, Westlaw current through P.L. 113-74). 473 Id. 474 Sam Dillon, Overriding a Key Education Law, N.Y. TIMES (Aug. 8, 2011), http://www.nytimes.com/2011/08/08/education/08educ.html?pagewanted=all&_r=0. 475 Id.
55 Our faculty are demonstrated experts in their respective fields, injecting a depth of knowledge and personal experience into our programs.
Minuteman Technical High School. far greater flexibility in crafting an alternative approach. 476 If, however, a state that was granted a waiver violates any of its waiver obligations, the specific requirements of NCLB will again apply to the state. 477
3. Under its Authorized Waiver, Massachusetts Must Comply with 3 Principles
In order for a state to be granted a waiver, it must submit an ESEA Flexibility request which details whether and how each request for! flexibility will support a comprehensive and coherent set of improvements in the areas of standards and assessments, accountability, and teacher and principal effectiveness that will lead to improved students outcomes. 478 Within the application itself, there are three specific principles a state must meet and provide evidence of meeting: Principle 1: Adopt College and Career Ready Standards; Principal 2: State-Developed Differentiated Recognition, Accountability, and Support; and, last, Principle 3: Supporting Effective Instruction and Leadership. 479 Massachusetts submitted its waiver request to the U.S, Secretary of Education on September 23, 2011. 480 The request was granted on February 9, 2012, allowing the state greater flexibility in pursuing its education objectives than was possible under NCLB. 481
Massachusetts currently operates under the provisions of its approved waiver. 482
A state submitting an ESEA Flexibility Request must meet and provide evidence of how it meets the three ESEA Principles. 483 Under Principle 1A, the Commonwealth pledged to adopt a set of college and career ready standards for its public schools, including at least reading [and] language arts and mathematics common to a significant number of states. 484 As supporting documentation for this item, the Commonwealth attached a press release regarding its adoption of the Common Core, standards which are aligned with expectations that define the knowledge and skills needed for success in college and/or workforce training programs. 485 Furthermore, Principle 1C requires a state to also demonstrate how it develops and administers annual, statewide, aligned, high-quality assessments that measure student growth. 486 Massachusetts opts to participate in one of the two State consortia that received a grant under the Race to the Top Assessment competition. 487 As evidence, Massachusetts attached a Memorandum of Understanding which details the States goals and definitions of career and college readiness in the Partnership For Assessment of Readiness for College and Careers (PARCC). 488 According to the Memo, the purpose and goal of the PARCC is:
To measure and document students' college and career readiness by the end of high school and progress toward this target. Students meeting the college and career readiness standards will be
476 Id. 477 20 U.S.C.A. 7861. 478 DEPT. OF EDUC., FLEXIBILITY REQUEST, supra note 450, at iii. 479 Id. at 1. 480 Id. at i. 481 Massachusetts Granted Flexibility from Portions of No Child Left Behind to Focus on Innovative Methods for Ensuring All Students Achieve at High Levels, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (Feb. 9, 2012), http://www.doe.mass.edu/news/news.aspx?id=6666. 482 See generally id. 483 Id. at 3-7. 484 Id. at 13. 485 Id. at app. 4. 486 Id. at 22. 487 Id. at 22. 488 Id. at 6.
56 eligible for placement into entry-level credit-bearing, rather than remedial, courses in public 2- and 4-year postsecondary institutions in all participating states. 489
The waiver application goes on to outline a timeline for implementing these goals. 490 Specifically, the Commonwealth pledges to cut the proficiency gap by 2017, thus reducing by half proportion of students that are not college and career ready. 491 It is assumed that scoring a proficient or higher on the Massachusetts Comprehensive Assessment System (MCAS) test is a robust proxy for college readiness. 492 Prior research indicates these students are far less likely to require remedial coursework at the college level. 493 Halving the number of students who are not college and career ready within five years is an ambitious goal, but one Massachusetts insists is achievable. 494
In 2013, the Massachusetts Department of Elementary and Secondary Education (DESE) released an expanded definition of college and career readiness. 495 This definition included specific mention of avoiding remediation and provided a more holistic approach designed to develop life-long learning and global citizenship in the states students. 496 Here, Massachusetts reiterates its commitment to the demonstrat[ion] [of] the knowledge, skills, and abilities that are necessary to successfully complete entry- level, credit-bearing college courses, participate in certificate or workplace training programs, and enter economically viable career pathways! without the need for remediation as a measure of successful preparation for college and a career. 497 The states legal obligation is clear: students, vocational or otherwise, must graduate from high school ready to succeed in postsecondary coursework or comparable programs without the aid of remediation. To comply with the terms and spirit of its waiver, Massachusetts must increase the quality of education for all of its students by 2017. 498
4. Massachusetts Remediation Problem
Remediation is proof of Massachusetts potential failure to meet its waiver obligations. Massachusetts defines college and career ready as the ability to complete college-level courses, participate in certificate or workplace training programs, or enter other career pathways without the need for remediation. 499 In other words, Massachusetts asserts in its Memorandum of Understanding that it will ensure that students graduate from high school with the ability to succeed in post-secondary programs without the need for remedial courses. 500 The number of students that graduate unable to do so must be cut in half by 2017. 501 The Commonwealths chosen measure of success under the waiver is directly tied to the number of students required to take remedial courses in postsecondary programs. 502 The evidence shows that for both vocational and academic students, the state is in danger of failing its responsibilities under the waiver.
489 Id. at app. 6. 490 Id. at 27. 491 Id. at 25. 492 Id. at 30. 493 Id. 494 Id. 495 See generally MASS. DEPT. OF ELEMENTARY AND SECONDARY EDUC. & MASS. DEPT. OF HIGHER EDUC., MASSACHUSETTS DEFINITION OF COLLEGE AND CAREER READINESS (2013) [hereinafter DESE, Definition]. 496 Id. at 2, 6. 497 Id. at 2. 498 DEPT. OF EDUC., FLEXIBILITY REQUEST, supra note 450, at 24. 499 DESE, Definition, supra note 495, at 1. 500 PSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS, MEMORANDUM OF UNDERSTANDING: MASSACHUSETTS FOR RACE TO THE TOP COMPREHENSIVE ASSESSMENT SYSTEMS GRANT 1-2 (2010) (attached as Attachment 5 to DEPT. OF EDUC., FLEXIBILITY REQUEST, supra note 450). 501 DEPT. OF EDUC., FLEXIBILITY REQUEST, supra note 450, at 23-24. 502 DEPT. OF EDUC., FLEXIBILITY REQUEST, supra note 450, at Attachment 6.
57 In fact, Massachusetts high school graduates are placed in remedial courses at an alarming rate. According to a 2005 School to College report published by the Massachusetts DESE, 37% of Massachusetts public school graduates require remediation. 503 This means that one third of Massachusetts students are being left behind in the crucial transition to postsecondary training. Vocational students are disproportionately disadvantaged: 56.7% of students graduating from a vocational or technical school are required to take remedial courses simply to bring them to the level required to continue their education after high school, as opposed to 33% of high school graduates from a college-centric track. 504
When a student requires remedial coursework, his/her chance of successfully completing their degree is small. According to Achieve, a national non-profit education reform organization, [w]hen students are forced to take remedial courses, the likelihood that they will complete their postsecondary education at all, much less on time, drops from 13.9 percent to 9.5 percent for an associate degree and from 22.6 percent to 13.1 percent for a one- to one-and-a-half- year certificate. 505 The need for remedial courses poses another great risk: it depletes the students limited financial aid resources without counting toward college credits. 506 Students must pay for these remedial courses, but often fail to graduate, all the while racking up significant debt. 507 The Alliance for Excellence in Education, a Washington D.C. based advocacy group, estimated that, in 2007-2008, remediation cost the nation $3.6 billion in education costs alone, to say nothing of the additional $2 billion in lost wages. 508 The number of Massachusetts high school graduates being enrolled in remedial coursework falls far short of the college and career readiness discussed in the waiver application, with little evidence of significant reduction in remediation rates by 2017.
5. Vocational Education Has a Key Role to Play in the 21 st Century Workforce
Vocational programs have a unique and crucial set of contributions to offer the Massachusetts workforce of the future. 509 As discussed extensively above, middle-skill jobs offer an entry point to the middle class for many students, 510 but not without postsecondary education. 511 Proper high school preparation for postsecondary education is critically important to the success of Massachusetts students.
Massachusetts owes these students, and the schools where they are learning, the resources needed to get ahead of the remediation curve. 512 Avoiding remediation is important. The DESE specifically chose this marker to measure its key goal of producing college and career ready high school graduates. 513
As stated, vocational schools must serve a dual-purpose in providing a strong academic education for their students while also providing technical training to prepare them for careers in their desired trades. 514
Those trades are changing rapidly as are the expectations of employers. It is extremely challenging to keep up with a fast moving workforce but Massachusetts schools have no option but to face this challenge. In asking for a waiver of NCLB requirements, the Commonwealth promised a 50% reduction in the number of high school graduates who are not college and career ready, who cannot continue on to
503 MASS. BD. OF HIGHER EDUC. & MASS. DEPT. OF EDUC., MASSACHUSETTS SCHOOL-TO-COLLEGE REPORT HIGH SCHOOL CLASS OF 2005 iii (2008). 504 See infra Appendix Y. 505 ACHIEVE INC., supra note 449, at 19. 506 Susan McMillan, Remedial Courses Bad for Students, Colleges Alike, MORNING SENTINEL (July 30, 2012), http://www.onlinesentinel.com/news/remedial-classes-bad-for-students-colleges-alike_2012-07-29.html?pagenum=full. 507 Richard K. Vedder, College is No Place for Remedial Education, BLOOMBERG VIEW (September 11, 2012), http://www.bloombergview.com/articles/2012-09-11/college-is-no-place-for-remedial-education. 508 Susan McMillan, supra note 506. 509 See supra Part V. 510 See supra Part V(C)(1). 511 See supra Part V(C)(1). 512 See supra Part V(3). 513 DESE, Definition, supra note 495, at 2. 514 See supra Part II.
58 further education or work with no need for remediation. 515
Reducing by half the number of high school graduates- traditional and vocational alike- who are not college and career ready by 2017 is an ambitious goal but one that the Commonwealth is required by law to meet. 516 The evidence, however, shows that significant numbers of both vocational and academic public school students require remediation after high school, thus failing the definition Massachusetts set for college and career ready. 517 As the Waiting List Section revealed, the populations of the most underfunded schools have remediation rates above the state average, contributing to the high percentage of students graduating from vocational and technical schools who are required to take remedial courses after graduation. 518 The Funding Section following revealed that vocational education is being underfunded with regard to basic educational costs. 519 If vocational programs do not receive enough funding for an adequate education, resources will not be available to ensure that students are college and career ready. This in turn prevents them from moving on towards post-secondary education or filling the Commonwealths future job positions. Given this, improving vocational education readiness for college- level coursework is vital to fulfilling Massachusetts waiver obligations.
6. Concluding Thoughts on No Child Left Behind
This section explored several possible legal arguments stemming from both federal and state laws, which may establish a legal obligation on the State to address the obstacles to access and quality of vocational education. As described above, the Court in McDuffy found that the State has an affirmative constitutional duty to provide all students with an education, which was rooted in the language of the Constitution, which specifically says that Commonwealth has a duty to cherish the interests of!agriculture, arts, sciences, commerce, trades, manufacturers.... 520 The financial disparities in total spending when comparing high-income and low-income schools, as well as regular academic high schools and vocational high schools suggests that Massachusetts may be violating its state constitution. 521
This section also found that the waitlist demographics and funding schemes violated Title VI federal civil rights laws that require the state to ensure that students of color are not being disproportionately denied access to vocational education. 522 If further investigation reveals that more schools in the lowest funding quintiles have large populations of students of color and significant waiting list numbers, this may suggest that the funding scheme denies students of color equal access to vocational programs. 523
Finally, this section reviewed Massachusetts agreement with the federal government to reduce by half the number of the states students, including vocational students, college and career ready by 2017. 524
Massachusetts refined the definition to emphasize that college and career ready students do not require remedial courses post high school, 525 but evidence shows that significant numbers of both vocational and academic public school students require remediation after graduation. 526 Data has also revealed there may be a relationship between underfunding and remediation rates above the state average. 527 With these factors in mind, the manner in which Massachusetts delivers vocational education, and students
515 See supra Part V(C)(1). 516 See supra Part V(C)(3). 517 DESE, Definition, supra note 495; see supra Part V(C)(4). 518 See supra Part III(C)(1). 519 See supra Part IV(A)(2). 520 MA. CONST. pt. II, ch. 5 2; see infra Part V(A)(2). 521 See e.g., McDuffy, 615 N.E.2d at 552. 522 See supra Part V(B)(2). 523 See supra Part III(4). 524 See supra Part V(C). 525 See supra Part V(C)(4). 526 See supra Part V(C)(4). 527 See supra Part IV(A)(2).
59 lack of access to vocational education, could hinder the states already-ambitious goal of reducing by half the number of students that are not college and career ready by 2017. This not only impacts the lives of the many students on the waiting lists, but also harms the health of the states economy.
The framework discussed above allows advocates to use these legal obligations as a lever to begin addressing the access and quality issues of vocational education. Now that a duty is established, the following section of this white paper outlines a series of possible solutions to the current obstacles.
60 One of the best things about Bristol Aggie is that you get to balance academic and technical classes.
Student. Bristol County Agricultural High School. VI. SOLUTIONS
The legal strategies detailed above are offered as an impetus to change. The goal is to help policymakers recognize that improved access to quality vocational education in Massachusetts is key to the success of both the students wishing to pursue viable career paths, and for the Commonwealths future economic health. This section discusses a series of potential solutions to the current impediments to increasing both access to and quality of vocational education. These solutions serve a dual-purpose. This section aims to address both how to overcome the obstacles of access and how to improve the post-secondary lives of students by emphasizing the key role of vocational programs in making students college and career ready.
A. Improving Access to Vocational Education
1. Perception of Vocational Schools
A perception problem was identified as one of the issues as to why the survey waiting list may have underestimated the true waiting list numbers. 528 This solution identifies the other problems perceptions cause and aims to address some of the common negative perceptions associated with vocational students. Students who go into vocational education are stereotypically viewed as not being able to succeed in academics. 529 But, as the Ford Foundations Director of Education and Scholarship, Jeannie Oakes, explains, ! hands-on, real-world education is not just for students who others believe are incapable of handling text-based, literacy-based college-prep courses. 530 These students are not only mastering a technical trade during their time at vocational school, but they are also learning the required academic fields of math, English and the sciences. 531
There are few ways vocational schools, their students, and vocational education supporters can disseminate a more positive and more accurate picture of the typical vocational high school student. The Southern Regional Education Board, a non-profit, non-partisan organization that works with 16 member states to improve public education, has identified six ideas to help these students prepare for their future careers: academic curriculum, blend of academic and technical schools, equip students with 21 st century skills, expect them to meet standards in classrooms, make sure students have support for college or career training and connect every student with an advisor. 532
Some vocational schools focus primarily on the Common Core curriculum and follow those standards. 533
The Southern Regional Education Board urges schools to focus on teaching the students an academic curriculum beyond just the Common Core. 534 Teaching the students both academic and vocational
528 See supra Part II. 529 GENE BOTTOMS ET AL., READY FOR TOMORROW: SIX PROVEN IDEAS TO GRADUATE AND PREPARE MORE STUDENTS FOR COLLEGE AND 21 ST - CENTURY CAREER i (Southern Regional Education Board ed., 2009). 530 Id. 531 Id. at ii. 532 Id. at ii-iii. 533 See generally HANS MEEDER & THOM SUDDRETH, MEEDER CONSULTING GRP, COMMON CORE STATE STANDARDS & CAREER AND TECHNICAL EDUCATION: BRIDGING THE DIVIDE BETWEEN COLLEGE AND CAREER READINESS (2012). 534 GENE BOTTOMS ET AL., supra note 529, at iii.
61 educational courses is very important. Although some students may not be planning to attend college, it is important to give them more than one option. It is also important for all students to have the skills to meet the workplace demands of the 21 st century. Students need to be able to thrive in these courses academically. Strong academic results by vocational students will rebut any presumption that the vocational schools offer a soft curriculum. 535
The following are some examples of how schools are changing the perception of vocational education in their communities. Some Massachusetts vocational schools have incorporated both work and volunteering into their curriculum. For example, Diman Regional Vocational Technical High Schools students participate in a house-building project, very similar to the work done by Habitat for Humanity. 536
The school provides experience for its students while enhancing its reputation in the community. 537
Similarly, the Bay Path Regional Vocational Technical High School also has a yearly house-building project, where the students build a house in the community. 538 Greater Lowell Technical High School students have the opportunity to work on the school, doing construction and the like. 539 Working in the community gives vocational education students the opportunity to show people both in and outside of their school just what they can accomplish. Knowing that the students are doing something important in the community will help change the image of vocational schools, therefore helping to garner more support.
2. Collecting Waiting List Data as Part of Mandatory Information that Schools Must Report to Receive State Aid
Not only are the waiting list numbers direct evidence of the access issues to vocational education, but they also serve a valuable purpose. 540 A more robust reporting system would allow the Massachusetts Department of Elementary and Secondary Education (DESE) to accurately gauge the demand for vocational programs. Although the importance of accurate waiting list numbers has become abundantly clear, school administrators track these figures on a voluntary basis. 541 Rather than disregard the issue completely and leave it to the discretion of school administrators whether to report or not, DESE should require that schools report the number of students on their waiting list, including the program to which the student applied.
Requiring school administrators to report waiting list figures is both easy and cost-effective for these districts. First, schools can integrate this form of accounting with mechanisms already in place, including tracking the total enrollment and the number of students eligible for free or reduced priced lunches under Title I of the Elementary and Secondary Education Act (ESEA). 542 Next, the DESE could use this information in funding each school for the next school year. DESE could use this information in their calculations for funding to provide the districts with the resources they need to increase enrollment and decrease their outstanding waiting lists. Instead of simply adding waiting list students to the Chapter 70 enrollment counts, DESE could adjust the budget to take into account the number of students on waiting lists, such as a claw-back provision if the enrollments in the funded year did not increase, to absorb at
535 Id. 536 DIMAN REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL, HOUSE BUILDING PROGRAM 3 (2009-2010); About Habitat for Humanity, HABITAT FOR HUMANITY, http://www.habitat.org/how/about_us.aspx (last visited March 1 2014, 6:00 PM). 537 Diman House Building Program, DIMAN REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL, http://dimanregional.org/modules/cms/pages.phtml?pageid=190248&sessionid (last visited Feb. 6, 2014, 6:00 PM). 538 House Building Project Bay, PATH REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL, http://www.baypath.tec.ma.us (last visited Feb. 28 2014, 6:00 PM). 539 Building Addition and Renovation Project, GREATER LOWELL TECHNICAL HIGH SCHOOL, http://www.gltech.org/home/building- addition-and-renovation-project (last visited Feb. 27, 2014, 6:00 PM). 540 See supra Part III. 541 603 MASS. CODE REGS. 10.03 (West, Westlaw current through Feb. 14, 2014, Register #1254); see supra Part III. 542 603 MASS. CODE REGS. 10.03.
62 I chose Cape Cod tech because you have a lot more opportunities to succeed in shop and academics. Student. Cape Cod Regional Technical High School least some of the waiting list. Last, waiting list data also indirectly measures the quality of the program by correlating demand with perception of the schools quality.
3. Split-Day Scheduling
To increase access to vocational education, schools can offer different types of scheduling with regard to academic and vocational coursework. Many vocational and technical high schools are separate entities that solely provide for their students education. 543 Some vocational schools are experimenting with new types of scheduling. At Taconic High School in Pittsfield, MA, juniors and seniors alternate between one week of vocational training and one week of academic courses. 544 Parents and students have reacted positively to this change, which was initiated in 2013- 2014. 545 Students say the schedule more closely simulates a work schedule, and it allows students to focus on one thing at a time. 546 One disadvantage to this schedule has been that students who work part-time have a difficulty getting permission to report to work only every other week. 547
However, by alternating between the two types of coursework, two groups of students can be taught on a rotating basis as opposed to having only one group of students being taught everyday. 548
Assabet Valley Regional Technical High School offers evening programs for adults (18 years or older) in addition to operating as a high school during normal school hours. 549 Although Assabets evening school does not serve current high school students, it provides a framework for other schools and vocational students who want to receive such an education but do not have the resources or time for it. 550 High school students interested could receive their desired technical training after school without disrupting their schools academic schedule. This model of using school facilities at different hours would allow the school buildings to accommodate more students and address the lack of space issue.
B. Strengthening Vocational Education
Any solution offered or chosen can only be successful with efficient and effective communication and business processes among the states executive offices and school department officials. As such, the theoretically best support system is one built upon a foundation of good communication; likewise, a shared understanding must be strong to support the efficient delivery of education, including governance, funding, capital asset management, etc. However, upon examination of the system established by various Massachusetts education administrators, programs and processes, it could be said that there are significant weaknesses in communication and execution across the Commonwealth. Before any of the
543 Office of Career/Vocational Technical, MASS. DEPT. OF ELEMENTARY AND SECONDARY EDUC., http://www.doe.mass.edu/cte/ (last visited Mar.1, 2014, 9:00 PM). 544 Dick Lindsay, Taconic vocational students find success with alternating schedule, BERKSHIRE EAGLE (Nov. 29, 2013), http://www.berkshireeagle.com/news/ci_24621823/taconic-vocational-students-find-success-alternating-schedule. 545 Id. 546 Id. 547 Id. 548 Id. 549 General Information, ASSABET AFTER DARK, http://www.assabetafterdark.com/continuing-education-general-information.html (last visited Feb.11, 2014). 550 Id.
63 solutions below may be considered and subsequently implemented, it is imperative that this system be solidified. The importance of implementing change on a solid foundation cannot be overlooked.
1. Guaranteed College Credit
By looking at other state programs, educational leaders within Massachusetts can find ways to strengthen vocational schools. Oklahoma is one of several states that allow students to begin to earn college credits while they are still enrolled in their vocational and technical high schools. 551 Acquiring college credits while still in high school eases the transition to community college or any other form of postsecondary training. This option enables vocational and technical school graduates to have the available option to continue on with their education to gain more experience if deciding not to directly enter the workforce. Oklahomas Cooperative Alliance Program is available to 11th and 12th grade students with high school grade point averages of 2.5 or higher. 552
Kansas has also adopted an approach to vocational and technical education that more directly aligns with its community colleges. 553 On July 1, 1999, a state statute transferred the administration of vocational high schools from the State Board of Education to the State Board of Regents. 554 This provided the governing board of the states six universities the opportunity to align themselves with these schools and provide additional resources for these students. 555
Massachusetts has not taken a statewide approach that allows vocational and technical high school students to earn college credits, however some individual districts have adopted this model. At Quincy Public School, students can graduate with college credit, which allow them to pursue postsecondary education or training without the need for remediation. 556 The school has articulation agreements with many Boston-area colleges, allowing vocational students who receive grades of 80% or better in the fields of automotive technology, business technology, and culinary arts, the guarantee of college credit. 557
The list of fifteen participating colleges includes technical institutes (e.g., Universal Technical Institute), community colleges (e.g., Massasoit Community College), and four-year degree programs (e.g., Rochester Institute of Technology). 558
2. Race to the Top
The Massachusetts Association of Vocational Administrators (MAVA) has embarked on a joint program with Northeastern Universitys College of Professional Studies to further the goal of college preparation in the vocational schools. 559 The program, known as the Academy for College Excellence, provides a rigorous experience for high school students centered on science, technology, engineering, and mathematics (STEM courses). 560 The vocational students who complete the program will receive a grade for their work, and credit from Northeastern University. 561 The students can earn up to eighteen-quarter
551 Cooperative Alliances, CAREER TECH: ELEVATING OKLAHOMA!, https://www.okcareertech.org/students/cooperative-alliances (last visited Feb. 13, 2014, 11:22 PM). 552 Id. 553 See KAN. STAT. ANN. ch. 74 art. 32, 141 (West, Westlaw current through 2013). 554 Id. 555 Id. 556 College Credit, QUINCY PUBLIC SCHOOLS CAREER & TECHNICAL EDUCATION, http://quincypublicschools.com/careers/college- credit/ (last visited Feb. 17, 2014, 3:30 PM). 557 Id. 558 Id. 559 Home Page, ACADEMY FOR COLLEGE EXCELLENCE, http://www.academyforcollegeexcellencecvte.org/ (last visited Feb. 22, 2014 11:30 AM). 560 Id. 561 Frequently Asked Questions, ACADEMY FOR COLLEGE EXCELLENCE, http://www.academyforcollegeexcellencecvte.org/faqs.html. (last visited Feb. 22, 2014 11:30 AM).
64 hours (12 semester hours) of credit during the two-year program. 562 The program was launched using Race to the Top funds, and will need new funding to continue after the Winter 2014 term. 563 Race to the Top is a US Department of Education fund that provides competitive grants to encourage and reward states that are creating the conditions for education innovation. 564 Many feel it would be a shame to end the program before a sample size is accumulated that is large enough to determine its efficacy. 565
3. Common Tech Core
The Common Core curriculum is currently the subject of sharp debate and, perhaps, reevaluating. 566 Part of the debate focuses on the Common Cores failure to consider vocational and technical education. 567 An alternative system, the Common Career Technical Core, has been proposed as better suited and better aligned with vocational education. 568 The initiative is touted as having an inherent advantage because [it is modeled] closely after real careers that students may one day enter. 569
An Achieve report notes that the Common Core fails to consider the need for vocational and technical education, and that most states failed to seek input, or ignored input, from career and technical education leaders in crafting the Common Core mandates. 570 However, Career and Technical Education (CTE) teachers in Common Core states are now teaching the Common Core. 571 As Achieve notes, many CTE teachers are working to reinforce the academic content as they teach but have limited experience with the explicit integration of literacy and math into their CTE content areas. 572 The problem is exacerbated because leaders at the school building level have limited experience with cross-content instruction or integration of math and literacy content and usually no planning time is afforded to allow/encourage cross-curricular collaboration by teachers. 573 Achieve recommends that, Common Core State Standards (CCSS) leaders at the state level should actively include their CTE colleagues in this work, and that same spirit of collaboration needs to be emulated at all levels of the education system. 574
The California Department of Education (CDE) has done much of what Achieve urges. 575 CDE has developed curriculum standards that not only emphasize Common Core academic content but also offer a model curriculum to address the knowledge and skills that are recommended within 48 pathways that fall within the states 15 industry sectors. 576 Some examples of industry sectors are Building Trades and Construction Industry Sector (BTC), Energy and Utilities Industry Sector (EU) and Manufacturing and
562 Id. 563 Cultivating Roots for Career-College Success, ACADEMY FOR COLLEGE EXCELLENCE, http://www.academyforcollegeexcellencecvte.org/ (last visited Feb. 22, 2014). 564 Race to the Top Fund, U.S DEPARTMENT OF EDUCATION, http://www2.ed.gov/programs/racetothetop/index.html (last modified June 7, 2013). 565 See e.g., Judy Bass, Three Minuteman High School Students Thrive in The Academy for College Excellence (Ace), (Mar. 23, 2013, 1:47 PM), http://minuteman.org/student-life/news-happenings/in-the-news/606-three-minuteman-high-school-students- thrive-in-the-academy-for-college-excellence-ace. 566 See e.g., Al Baker, Common Core Curriculum Now Has Critics on the Left, N.Y.TIMES, http://www.nytimes.com/2014/02/17/nyregion/new-york-early-champion-of-common-core-standards-joins-critics.html?_r=1 (last updated Feb.16, 2014); The Associated Press, Some States Push Back on Common Core Standards, THE HUFFINGTON POST (May 28, 2013, 3:50AM), http://www.huffingtonpost.com/2013/05/28/states-common-core-push-back-standards_n_3346210.html. 567 See e.g., Peggy Tyre, Common Core: Whats Worrying Critics, TAKE PART, http://www.takepart.com/article/2013/04/30/common-core-standards-criticism (last updated Apr. 30, 2013). 568 See e.g., HANS MEEDER & THOM SUDDRETH, MEEDER CONSULTING GRP, COMMON CORE STATE STANDARDS & CAREER AND TECHNICAL EDUCATION: BRIDGING THE DIVIDE BETWEEN COLLEGE AND CAREER READINESS, ACHIEVE, INC. (2012). 569 Id. at 4. 570 Id. at 3. 571 Id. 572 Id. 573 Id. at 23. 574 Id. at 24. 575 Id. at 9. 576 Id. at 13.
65 Product Development Industry Sector (MPD). 577 The CDE is seeking to combine the Common Core with the traditional tenets of vocational education. 578 Its goal is to teach the core subjects within the framework and context of the specific industries. 579
Massachusetts can alleviate much of the burden on its vocational and technical high schools by providing the appropriate curriculum guidelines. The Commonwealth can take a leadership role in drafting a curriculum that gives appropriate weight to all aspects of vocational education, including a deep and solid academic core.
4. High Schools that Work
High schools that work successfully integrate the Common Core and vocational training to prepare students to be college and career ready. The Southern Regional Education Board (SREB) is a non-profit, non-partisan organization that studies education policy in the United States. 580 The SREB argues that an essential part of changing poor student performance in schools is to set high expectations, and to encourage students to meet those expectations. 581 Other SREB recommendations include integrating a career-technical program with the Common Core, increasing the rigor in both of these curricula, integrating work-based learning with learning in the classroom, and providing each student with a mentor and extra help in order to achieve the expected high levels of performance. 582
Massachusetts already combines career-technical and Common Core standards in its vocational schools in order to prepare students who are college and career-ready. 583 The SREB has recognized seven schools in Massachusetts that "exemplify its model, labeling them High Schools That Work. 584 The seven schools are: Blackstone Valley Regional, Chicopee High School, Montachusett Regional Vocational, Nashoba Valley Regional, and Northeast Metropolitan Regional, Northern Berkshire Regional, Pathfinder Regional Vocational, Tri-County Regional Vocational. 585 The approach to curriculum adopted by these seven schools may help other schools that are struggling to integrate the Common Core with technical and vocational education.
C. Funding
1. Chapter 70
As discussed earlier in this white paper, funding directly ties into not only the waitlists, but also the quality of education. 586 The Massachusetts Foundation Budget formula has failed to take into account the substantial and costly changes that have occurred since its inception. 587 Obviously, a lot has changed in over 20 years: the economy, technology, curricula, teaching methods, and advanced technical programs that have become the lifeblood of modern vocational schools. Instead of lobbying for a complete overhaul
577 Id. at 15. 578 Id. at 13 579 Id. 580 GENE BOTTOMS ET AL., READY FOR TOMORROW: SIX PROVEN IDEAS TO GRADUATE AND PREPARE MORE STUDENTS FOR COLLEGE AND 21 ST - CENTURY CAREER (Southern Regional Education Board, 2009). 581 Id. at ii-iii. 582 High Schools That Work in Massachusetts, MASSACHUSETTS DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION, http://www.doe.mass.edu/cte/resources/hstw/about.html (Last updated Oct. 26, 2010). 583 Education Board Adopts Common Core Standards to Keep Massachusetts Students National Leaders in Education, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (July 21, 2010), http://www.doe.mass.edu/news/news.aspx?id=5634. 584 Massachusetts High School That Work Directory, MASSACHUSETTS DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION, http://www.doe.mass.edu/cte/resources/hstw/directory.pdf (last visited Feb. 11, 2014). 585 Id. 586 See supra Part IV. 587 See supra Part IV(A)(2).
66 of the Foundation Budget formula, advocates should approach the legislature with two changes to the Foundation Budget formula: a specific upward adjustment in the per pupil vocational education and an incorporation of the waiting list numbers into the enrollment numbers as discussed above. Advocates would have to ask for a cost study to determine what an appropriate Foundation Budget would be for vocational education. Since the legislature has already declined to order a cost study for the entire Foundation Budget, asking for an assessment for the vocational enrollment category only may be less daunting, but is still incredibly urgent in light of the discussed obstacles.
Although further analysis is needed to include all 66 of the vocational schools surveyed, with a breakdown of spending in the eleven educational cost categories detailed in the discussion of funding formula above, this report has already noted insufficiencies in the formula. 588 As already stated, the formula does not include the waiting list numbers when calculating vocational education costs. 589 In addition to underestimating enrollment numbers, the formula may underestimate the true cost of vocational education as a whole. 590 The formula does recognize the inherent differences between vocational high schools and academic high schools. 591 However, the analysis shows that it may do so insufficiently. 592
While the formula recognizes differences through ascribing higher costs for vocational schools in some cost categories, it possibly overlooks the fact that vocational education may involve higher costs in all eleven categories. When the eleven cost categories are broken down into the subcategories, there are areas in which vocational education receives the same cost rates as college-centric high school education. However, vocational schools may need additional funds in those categories as well. A reevaluation of those cost categories, as detailed above, is needed to assure that vocational education is being adequately funded.
Since the Foundation Budget formula recognizes that different types of students cost more to educate, incorporating the waiting list is just one more difference that the formula would seek to address to properly fund different types of education.
2. School Building
One of the most direct ways to improve access to vocational and technical education is to increase the physical space available in the vocational and technical school buildings. In 2009, the Massachusetts School Building Authority launched a program called the Vocational, Technical, and Agricultural School Renew and Repair program. 593 The program commits more than $300 million towards upgrading and repairing these schools physical structures. 594 Most recently, the MSBA approved $100 million in funding for nine vocational schools. 595 Part of that funding went to Greater Lowell Technical High School, which is adding more than 25,000 square feet to its dining hall, building thirteen new state of the art science laboratories, adding new automated mechanical and electrical systems, a new roof and new windows. 596
Greater New Bedford Regional Vocational and Technical High School, which had the second-largest waiting list in the survey, is building a $17 million addition that will add 14 new classrooms, update the
588 See supra Part IV(A)(1). 589 See supra Part IV(A)(2). 590 See supra Part IV(A)(2). 591 See generally supra Part IV. 592 See generally supra Part IV. 593 Voc/Tech Initiative, MASSACHUSETTS SCHOOL BUILDING AUTHORITY, http://www.massschoolbuildings.org/programs/voc_tech (last visited February 18, 2014, 10:40 PM). 594 Id. 595 Id. 596 About Us: Building Addition and Renovation Project, GREATER LOWELL TECHNICAL HIGH SCHOOL, http://www.gltech.org/home/building-addition-and-renovation-project (last visited Feb. 19, 2014, 11:13 PM).
67 I chose Cape Tech because I wanted to learn a trade that I could come out of high school making good money.
Student. Cape Cod Regional Technical High School. schools shop areas and science labs, and refashion the cafeteria into a sunny food court. 597 Additionally, the school with the fourth-largest reported waiting list has had its building project approved. 598 This will add 72,000 square feet to its facilities, along with 20,000 square feet of renovations. 599 The largest school with a waiting list, Diman Regional Vocational Technical High School in Fall River, had its funding request denied by the MSBA, even though Dimans statement of intent clearly noted that 30% of the students who apply to Diman are denied enrollment. 600 The MSBA favored a new building instead of renovating Dimans current facilities. 601 It would be worthwhile to encourage the member towns of Diman to pursue this approach, rather than to continue insisting on a renovation and addition, as they have done since 2009.
3. Inter-District Transfers
As the discussion above has shown, Massachusetts simultaneously has vocational schools with extensive waiting lists and vocational schools with openings in at least some of their programs. One possible solution to the short supply of vocational options is to transport students currently on waiting lists to schools that have vacancies in the students desired program.
If students whose districts have waiting lists for vocational school move to districts with vacancies, they will be classified as out-of-district pupils, because they reside in neither the community where the receiving school is based, nor in a member community. 602 The issue of lowering the capped amount for non-resident tuitions is discussed above in this white paper. 603 However, if this amount is lowered too much schools will not be able to accept non-resident students because the tuition they will receive will not cover the cost of educating them, forcing the member communities in the receiving district to absorb this financial impact. These vocational schools might stop admitting non-resident students, because they would be unable to absorb this loss. Currently, there is a cap of 150% for out- of-district tuition that schools can charge for out-of-district students. 604 An unpublished DESE policy suggests lowering the tuition cap to 125%. 605 This new amount falls below the actual cost to educate a student, making the school absorb the difference to educate the student. 606 One suggested strategy would be to revise this policy to allow schools to charge a tuition that would cover the cost of educating non-resident students.
School districts with a potentially larger capacity are further limited by lack of funding. These schools cannot accept more non-resident students, because they do not have the resources in staff, instructors,
597 Natalie Sherman, New Bedford Voc-Tech to start construction on addition in October, SOUTH COAST TODAY (Sept. 18, 2013), http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20130918/NEWS/309180341. 598 Projects: Norfolk County Agricultural High School, COMPASS PROJECT MANAGEMENT, http://www.compasspminc.com/projects/details/norfolk-county-agricultural (last visited Feb. 19, 2014, 11:32 PM); see Appendix X-1; see Appendix X-II; see Appendix X-III. 599 Projects: Norfolk County Agricultural High School, supra note 598. 600 Michael Gagne, Mass School Building Authority rejects aid proposals for projects at Diman, Durfee, THE HERALD NEWS (Dec. 27, 2013 2:32 PM), http://www.heraldnews.com/x2132766516/Massachusetts-School-Building-Authority-rejects-aid-proposals- for-projects-at-Diman-Durfee; see infra Appendix X-1. 601 Michael Gagne, supra note 600. 602 See supra Part IV(A)(1). 603 See supra Part IV(A)(4). 604 See supra Part IV(A)(4). 605 See supra Part IV(A)(4). 606 See supra Part IV(A)(4).
68 equipment, physical space, supplies, etc. to handle the increased numbers. 607 This incorporates the suggestion above to advocate against the tuition cap lowering. 608 If a district sending a student was to pay a tuition that fully covered the cost of the students education, the potential receiving school may be able to accept the non-resident student without the financial burden. In deciding which students could enroll in out-of-district vocational schools, the programs the students have selected must be a priority. Schools with waiting lists could recommend students on waiting lists to schools with capacity vacancies. The funding would follow the student, which would allow the student to study the program he or she has chosen.
Finally, a transportation system must be devised to get students residing in oversubscribed districts to districts with vacancies. Sending communities are typically responsible for transportation of the pupils they send to out-of-district schools. 609 There are several existing models that might be a guide in creating a transportation system for vocational education. For example, METCO (Metropolitan Council for Economic Opportunity) is a successful transportation program that transports a particular group needing access to quality education to districts that can provide. 610 The METCO busing program transports non- white children from racially imbalanced urban schools in Boston and Springfield to predominantly white suburban schools in nearby communities. 611
Logistically, METCO serves as an excellent example of a program that successfully transports students from one location to another for educational purposes. An investigation is needed to identify the causes of why students of color may be disproportionately denied access to vocational education; however, if an investigation reveals the need for such a program in vocational education, then a statewide program modeled after METCO may provide a useful remedy. If vocational schools were to adopt a similar transportation program, or to partner with the METCO program, they would not only address transportation issues, but might also better integrate students of color into the vocational education system. Transporting students from school districts with extensive waiting lists for vocational education to schools with potential vacancies will be challenging, but it may also be the fastest and most efficient way to the number of students on the waiting lists, and offer Massachusetts the type of education students and their families feel is in their best interests. Funding for this program will need to be explored in further detail, and specialized legislation may be needed, as was the case for METCO. Funding will need to be further explored and specialized legislation may be needed in the case for METCO.
4. Dollars Follow Students
Many of the financial issues discussed earlier in this white paper may be resolved through a funding scheme that allows funding to follow the student, rather than being based on the previous years enrollment. Although charter schools have been highly controversial, their funding model may provide a useful example of how tuition can follow students to their preferred schools. The mechanics of a system like this will need to be designed in great detail to take into consideration the constraints on local municipalities, states, and the schools that are attempting to provide greater access to vocational education.
607 See infra Appendix X-I; see infra Appendix X-II; see infra Appendix X-III. 608 See supra Part IV(A)(4). 609 Massachusetts Public Schools K-12: Which Schools Can I Attend?, MASS RESOURCES ORG, http://www.massresources.org/public-schools-schools.html (last visited Mar. 2, 2014). 610 METCO Voluntary Education Desegregation Plan in Massachusetts, MASS RESOURCES, http://www.massresources.org/metco.html (last visited Feb. 20 2014). 611 Id.
69 I chose Cape Tech because it was something I could put to use in todays society.
Student. Cape Cod Regional Technical High School. Funding formulas based on real-time enrollments may raise challenges for local municipalities. Local districts need to create their budgets before the start of the fiscal year, which begins in the spring. Since the schools may not know their actual enrollment numbers for the current school year until the fall of that year, some issues may arise in the planning process. However, establishing a reserve fund administered by the state may alleviate many of these concerns and provide municipalities with financial flexibility. One possible way of managing this reserve fund would be to provide the Commissioner of Education with authorization to distribute funds to accommodate new enrollments, not accounted for prior to the fiscal years start. Under this model, districts could use the waiting list as an indicator of how many students the school will likely need funding for in the upcoming school year. Ultimately, the goal of this funding scheme would be to provide funding for current enrollments instead of the outdated enrollments of the previous year.
5. Partner with Local Manufacturers
Business partners can be invaluable in providing both input and resources to help the Commonwealths vocational and technical high schools. The Program Advisory Committee at Franklin County Technical School in Montague includes several owners of precision manufacturing companies, who helped to provide $550,000 in funding to purchase automation machines at a discounted rate. 612 In Palmer, the Pathfinder Regional Vocational and Technical High School is receptive to the needs of the business community by limiting the program to 16 students, ensuring that 100 percent of machine students got jobs in machine technology after graduation. 613 Nashoba Valley Technical High School in Westford participated in iRobots 20 in 20 program that brings robotics ambassadors to classrooms to deliver demonstrations and presentations on robotic technology. 614 These programs seem worth continuing, and further partnerships with local companies could be pursued.
6. Self-Funding
Though many of the new programs in vocational and technical education focus on preparation for college courses in science, technology, engineering and math, a core educational mission of the vocational schools is to teach direct-to-hire trades. One way to augment funding focuses on the schools ability to produce quality products and sell them to the public. For example, the Food Production and Management program at College and Career Technical Institute (Pascagoula, Mississippi) sells lunch to the general public, and snack foods to students during break. 615 These students get experience working at, and managing, a restaurant, and while simultaneously making money to help fund the program itself. 616
Creating corporations, to offer products for sale, either in-person or online, also provides an opportunity to teach core business principles, which could be used by students wishing to start their own businesses after graduation. Schools can support programs by using the products to help offset the costs, and even turn a profit, thereby providing vital resources that can be used to help assuage other vocational and
612 Cori Urban, Western Massachusetts vocational-technical high schools partner with industry to build skills for jobs, MASS LIVE (February 14, 2014 5:08 AM), https://signup.masslive.com/register/?return_to=http%3A%2F%2Fwww.masslive.com%2Fbusinessnews% 2Findex.ssf%2F2014%2F02%2Fwestern_massachusetts_vocationaltechnic.html%23comments. 613 Id. 614 iRobot, iRobot Launches 20 in 20 STEM Education Initiative, BUSINESS WIRE (September 9, 2010), http://investor.irobot.com/phoenix.zhtml?c=193096&p=irol-newsArticle&id=1469044. 615 Note that this knowledge comes from a member of Law Office 14, who participated in said program. Home Page, COLLEGE & CAREER TECHNICAL INSTITUTE, http://atc.psd.schooldesk.net/ (last visited Mar. 9, 2014, 3:20 PM). 616 Note that this information comes from the personal experience of a member of Law Office 14, who participated in described program. Home Page, COLLEGE & CAREER TECHNICAL INSTITUTE, http://atc.psd.schooldesk.net/ (last visited Mar. 9, 2014, 3:09 PM).
70 I chose Cape Tech because I wanted to do something different.
Student. Cape Cod Regional Technical High School technical education costs. Any profits realized from the sale of student products could then be turned back to the school.
7. Austin Polytechnical Academy
Austin Polytechnical Academy (APA) is a public high school in Chicago, Illinois that fuses Chicago Public Schools with the needs of local manufacturers, with the help of the Chicago Teachers Union. 617 The school was established to respond to the growing impression that manufacturing will not be a major part of Americas future, and that the four-year college path is more valuable for students and for the economy. 618 The school also wanted to empower inner-city students by providing them both a valuable education, and an opportunity for a rewarding career. 619 The APA partners with numerous local manufacturers that support APAs vocational education. 620 The companies help to introduce students to the industry, and provide opportunities for job shadowing and internships. 621 Many eventually hire students in full-time jobs. 622 Most importantly, these companies help impact the students education.
The APA model is very much in line with advocates goals of increasing students access to vocational education, and it also provides evidence of the value of vocational education to the economy and in fostering job growth. APA advertises itself as both a way to enrich the communitys students through a new educational model, and as a way to meet the needs of local manufacturers for a skilled and ready workforce. This initiative has gained the school nation-wide recognition. 623 In his campaign, President Obama has acknowledged the schools innovation by saying Austin PolyTech is bringing hope back to the community. 624 While replicating the APAs exact approach completely is not realistic, following APAs lead, by reaching out to local manufacturers may be an excellent way to attract both expertise and resources financial and otherwise to the vocational schools. Staying Power II stresses that Massachusetts manufacturers need to fill jobs, both now and in the future. 625 Forty-three percent of firms that responded to the survey cited difficulty or extreme difficulty in recruiting skilled craftsmen. 626 Massachusetts manufacturers may well be persuaded that helping to both design and produce the skilled workers they need by getting involved with vocational education is a very smart investment in human capital.
While each of these proposed solutions may not solve the access and quality issues on their own, they serve as potential fixes to the many obstacles discussed in this white paper. The legal arguments preceding this section have created an avenue to initiate change, and these solutions are suggestions to begin to address issues affecting vocational programs. 627 These solutions serve to overcome the obstacles of access and how to improve the postsecondary lives of students by recognizing the role of
617 DAN SWINNEY, THE POLYTECH MODEL OF SECONDARY EDUCATION TOWARDS GLOBAL LEADERSHIP IN ADVANCED MANUFACTURING 1 (2012). 618 Id. at 2-3. 619 DAN SWINNEY, CTR. FOR LABOR & CMTY RESEARCH, BUILDING THE ROAD AS WE TRAVEL, 1 (2010). 620 Id. 621 Id. 622 Id. 623 DAN SWINNEY, supra note 617, at 7. 624 NATHAN CUMMING FOUNDATION ET AL., THE AMERICAN ECONOMY, MANUFACTURING, AND SUSTAINABILITY 28 (2011) 625 BARRY BLUESTONE ET AL., STAYING POWER II A REPORT CARD ON MANUFACTURING IN MASSACHUSETTS 83 (2012). 626 Id. 627 See generally supra Part V.
71 vocational programs in making students college and career ready, prepared to serve the interests of the Commonwealth.
8. Statewide Vocational Education Planning Board
The Commonwealth should establish a single board to help manage and oversee the retooling of the vocational education system, and ensure investments are made adequately and efficiently. Improving communication between the states executive offices like the Department of Elementary and Secondary Education and the Massachusetts School Board Authority and school department officials is critical. The sharing of knowledge and the integration of planning is necessary to support the efficient delivery of education vocational education; a statewide board can seek synergies and make intelligent decisions with respect to governance, funding, capital asset management and many other functions.
Delivering appropriate vocational education is a complex undertaking, but the development of a board with particular expertise in this sector can help alleviate the burden of state officials who have other concerns and can only maintain vocational education as an afterthought. The importance of implementing change on a solid foundation cannot be overlooked.
72 VII. CONCLUSION
With a predicted increase in middle-skilled job openings over the next decade, Massachusetts has a need for students with vocational training. 628 Simultaneously, however, the waiting list survey found that thousands of students are placed on waiting lists due to lack of space or insufficient funding. 629
An analysis of the Chapter 70 Foundation Budget formula for education in Massachusetts revealed areas in which vocational schools were still underfunded. 630 This was further evidenced in that all 15 sample schools analyzed spent above the Foundation Budget, a budget that the state determined was sufficient enough to provide an adequate education. 631 The gap in funding between the amount of money vocational schools actually spent and the amount provided to them by the state has prohibited schools from accepting more students. 632 Furthermore, because the Foundation Budget allocates funds to each school based on the number of students enrolled in the previous year, the Foundation Budget lags behind a years time in the amount of money a particular school needs. 633 This is another disincentive for schools to accept more students, as their acceptance would place more strain on an already underfunded system. 634
Several different legal avenues have been proposed to address the issue of access. The first was to call upon the Commonwealth to follow its constitutional duty to provide education for all students, rich and poor, as affirmed in McDuffy. 635 However, the existence of the waiting lists is evidence that this duty is not being met. 636 Furthermore, the decision in Hancock, holding that the Commonwealth was making progress towards improving education, did not address the specific funding needs of vocational education and therefore should not limit an attack on the states obligation to provide adequate education. 637 Thus, McDuffys mandate of a state duty to educate every child can still be used to advocate for vocational education. Furthermore, a Title VI claim could be raised as minorities have appeared to be disproportionately denied access to vocational schools. 638 Denying students of color access to vocational schools would be a violation of Title VI of the Civil Rights Act of 1964. 639
Lastly, Massachusetts agreement to have the No Child Left Behind Act requirements waived in 2009 requires the state to halve the number of students that are not college and career ready by 2017. 640
However, there is an indication that vocational schools have a higher percentage of vocational students who require remediation in post-secondary education as compared to college-centric students. 641 Data has also revealed that there may be a relationship between underfunding and remediation rates above the state average. 642 The high remediation rates could potentially indicate an explicit breach of the Commonwealths 2017 goal, as well as an implicit violation of the spirit of the NCLB waiver, further emphasizing the need to provide additional funding to vocational schools.
628 See generally supra Part I. 629 See supra Figure 2. 630 See generally supra Part IV. 631 See supra Figure 6-3. 632 See supra Part IV(A)(2). 633 See supra Part IV(A)(2). 634 See generally supra Part IV. 635 See supra Part V(A). 636 See supra Part III; see supra Part V(A). 637 See supra Part V(A)(3). 638 See supra Part V(B). 639 See supra Part V(B). 640 See supra Part V(B)(2). 641 See supra Part IV(C)(4). 642 See generally supra Part V(C).
73 A wide range of solutions to increase access to vocational education include different methods to improve the perception of vocational high schools, increase vocational education funding and accommodate more students through increasing the physical capacity of vocational schools. 643
643 See generally supra Part IV.
74 APPENDIX D: SURVEY METHODOLOGY
Survey A
As mentioned in the text of the white paper, the authors distributed a survey to vocational schools across Massachusetts. The purpose of the survey was to assess the status of access to career and vocational education across the state. Part of the survey asked the schools to report if they had a waitlist of students trying to access their schools or if they had available seats. 644
The authors of this white paper developed the survey instrument subject to feedback from relevant stakeholders. The president of the Massachusetts Association of Vocational Administrators (MAVA) distributed the survey to the Associations membership, which includes 66 Chapter 74 approved schools. 645 After realizing that very few schools with large minority populations responded, the authors did additional outreach to schools with the highest minority populations, in order to ensure a representative sample of schools. Out of 66 schools, 23 responded to the survey a 34.8% response rate. All survey responses are summarized in Appendices X-1, X-2 and X-3. 646
The summary includes a few alterations from the raw responses to increase the accuracy of the survey analysis. This summary eliminates duplicate answers (i.e. when one schools responded to the survey three times, only the most complete answer is included). The summary also assumes that when the survey asked for a number, if the respondent left it blank, then the number requested is 0 (i.e. If the question How many students are on your schools waitlist as of December 2013? is left blank, the summary assumes that there were no students on the waitlist). Additionally, if a respondent reported that its school had no waitlist and then still checked off program names for which the school had a wait list, it was assumed that it misread the second question. The program names were deleted, as they could not have a waitlist if the school as a whole had no waitlist.
Survey B
In 2012, MAVA distributed a survey to their members that only asked how many students were on each schools waitlist. The responses to this survey (Survey B) were added to the results of Survey A. 647 This allowed the authors to analyze information from more schools in order to evaluate system wide trends. Only the responses from Survey A were included for those schools that responded to both surveys.
In total, 32 schools responded to The Surveys, representing approximately 46% of all vocational schools. 648
Demographic Analysis
644 See infra Appendix G (exact copy of survey questions). 645 Career/Vocational programs in Massachusetts are grouped into two categories: (1) those approved of by the Department of Elementary and Secondary Education pursuant to Massachusetts General Law Chapter 74, and (2) those that meet the federal definition of career and technical education programs, but are not Chapter 74 approved programs. These categories are denoted as C74 (i.e. Chapter 74 approved) and N74 (i.e. not Chapter 74 approved) programs. Since the analysis undertaken in this report focuses on the states actions that may contribute to a lack of access, the survey was only distributed to C74 schools because they are the schools approved of through state law. These schools are also funded through the Chapter 74 formula and therefore would be most affected if the formula had the effect of discriminating against a certain group of students. Schools with Chapter 74 vocational programs account for XX% of the vocational schools offered in MA. 646 See infra Appendix X-1, X-2 and X-3. 647 See infra Appendix X-1. 648 See infra Appendix X-1.
75 The demographic information used to analyze the waitlist results was compiled from publicly available school profiles DESE data from 2103, the most current data available. This demographic data is based on the student population of the school itself, not the waitlist. Schools do not currently collect or analyze demographic information of students on their waitlist. Thus, the demographics of the schools were used as a proxy for that information as it is the closest indicator available.
76 APPENDIX F: TITLE VI
Actions Prohibited by Title VI 34 C.F.R. 100.3
(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin: (i) Deny an individual any service, financial aid, or other benefit provided under the program; (ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program; (iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; (iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; (v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program; (vi) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in paragraph (c) of this section). (vii) Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program.
77 OCR complaint requirements and logistics for filing
I. Complaint Letter Requirements The complaint letter to the OCR would detail the discrimination that students of color face in enrolling in vocational education programs throughout Massachusetts. If the cause of the discrimination is known, then a description of the cause is encouraged. Additionally, the complaint must state when the alleged discrimination took place. Typically there is a 180 day window after the incident of allowance for filing a complaint; however, this alleged discrimination is ongoing, therefore the 180 day timeframe would not strictly apply. (34 C.F.R. 100.7). Contact information for MCAN (the filing party) must be included on the complaint, along with proper identification of the alleged offending agency, the Massachusetts DESE. Finally, ample background information on the discrimination should be included as well. The regional office can also be contacted for any assistance in preparing complaints. Advocates who have previously filed Title VI complaints encourage filing parties to contact their regional office in advance to better understand the type of information that is most important to include.
II. Filing the Complaint Complaints are filed with the regional OCR office. Massachusetts regional office is located in Boston; its contact information is provided below:
Office of Civil Rights US Department of Education 8 th Floor 5 Post Office Square Boston, MA 02109 P: (617) 289-0111 OCR.Boston@ed.gov
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82 APPENDIX H: EXPENDITURE DETAIL OF EDUCATIONAL COST CATEGORIES
Expenditure Detail of Educational Cost Categories
Administration School Committee Superintendent Assistant Superintendents Other District-Wide Administration Business and Finance Human Resources and Benefits Legal Services for School Committee Legal Settlements District-wide Information Mgmt and Tech
Instructional Leadership Curriculum Directors Department Heads School Leadership-Building Curriculum Leaders/Dept Heads-Building Level Building Technology Instructional Coordinators and Team Leaders
Classroom and Specialist Teachers Teachers, Classroom Teachers, Specialists
Other Teaching Services Medical/Therapeutic Services Substitute Teachers Non-Clerical Paraprofs/Instructional Assistants Librarians and Media Center
Professional Development Professional Development Leadership Teacher/Instructional Staff-Professional Days Substitutes for Instructional Staff at Prof. Dev. Prof. Dev. Stipends, Providers and Expenses
Instructional Materials, Equipment, and Technology Textbooks and Related Software/Media/Materials Other Instructional Materials Instructional Equipment General Supplies Other Instructional Services Classroom Instructional Technology Other Instructional Hardware Instructional Software
Guidance, Counseling, and Testing Guidance and Adjustment Counselors Testing and Assessment
83 Psychological Services
Pupil Services Attendance and Parent Liaison Services Medical/Health Services In-District Transportation Food Salaries and Other Expenses Athletics Other Student Body Activities School Security
Operations and Maintenance Custodial Services Heating of Buildings Utility Services Maintenance of Grounds Maintenance of Buildings Building Security System Maintenance of Equipment Extraordinary Maintenance Networking and Telecommunications Technology Maintenance
Insurance, Retirement Programs, and Other Employer Retirement Contributions Insurance for Active Employees Insurance for Retired School Employees Other Non-Employee Insurance Rental Leases of Equipment Rental Lease of Buildings Short Term Interest RANs Crossing Guards, Inspections, Bank Charges
84 APPENDIX I: LEGAL WEIGHT OF TITLE VI GUIDELINES
Courts Heavily Weigh the Title VI Guidelines
Guidelines are frequently released by various federal agencies. Sometimes these guidelines are simply explanatory and other times they carry great legal influence. The actual legal weight of the guidelines related to vocational education must be clarified. The guidelines pertain to recipients of any federal funding from DOE that offer or administer programs of vocational education or training... [including] state agency recipients. 649 In terms of the legal authority of these agency guidelines, they may be interpretive rules. 650 While interpretive rules do not create new laws or rights, they clarify and explain the meaning of existing statutes. 651
More helpful in determining the legal weight of the guidelines is how previous cases have discussed the utilization of guidelines in general. The most relevant cases here regard public school desegregation and how following these guidelines effectuate desegregation. Courts admit the guidelines are not the absolute polestar for determining constitutional rights and duties. 652 However, guidelines are generally entitled to serious judicial deference, respectful consideration, and great weight in a courts ultimate ruling. 653 As the Whittenberg v. Greenville County School District court discusses, the purpose of granting some legal weight to guidelines is because at the least a close partnership between the judiciary and the executive is required. 654 Given how these guidelines have been used in the education field, courts would most likely significantly consider these guidelines in the context of vocational education.
649 34 C.F.R. Pt.100, App.B (West, Westlaw current through February 6, 2014). 650 2 AM. JUR. 2D Administrative Law 145 (2014). 651 2 AM. JUR. 2D Administrative Law 145 (2014). 652 Clark v. Bd. Of Educ. of Little Rock Sch. Dist., 374 F.2d 569, 570 (8 th Cir. 1967). 653 Whittenberg v. Greenville Cnty. Sch. Dist., 298 F. Supp. 784, 789 (D.S.C. 1969). 654 The Courts, Hew, and Southern School Desegregation, 77 Yale L.J. 321, 365 (1967).
85 APPENDIX J: THE MASSACHUSETTS FOUNDATION BUDGET, AS OF 7/12/2013 655
In Massachusetts, the definition of an adequate spending level for a school district is called its foundation budget. It is a statistical measure that was developed by a group of superintendents and an economist in the early 1990s. They developed a model school budget which quantified for the average school district what constitutes an adequatebut not excessivelevel of funding. 656 The goal of the Chapter 70 formula is to ensure that every district has sufficient resources to meet its foundation budget spending level, through an equitable combination of local property taxes and state aid.
Each districts foundation budget is updated each year to reflect inflation and changes in enrollment. Enrollment plays an important role not just because of the total number of pupils, but also because there are differences in the costs associated with various educational programs, grade levels, and student needs. Districts differ greatly in the percentages of their student population that fall into these enrollment categories. As a result, when districts foundation budgets are presented in per pupil terms, there is considerable variation. The FY14 statewide average is $10,351 per pupil, but the range for academic districts is from $8,497 in Boxford to $12,119 in Boston. Vocational districts, whose programs are more expensive, range from $14,655 to $16,947.
The FY14 foundation budget continues the major changes to the calculations first implemented in FY07. The changes directly align the foundation budget categories with the chart of accounts which schools use to track how they spend their money. The rationale for the changes is discussed in detail on the DOE website at
It is notable that since FY05, charter school tuition rates have relied upon foundation budgets calculated for each sending districts pupils at each charter school.
How the Foundation Budget Is Calculated
A districts foundation budget is derived by multiplying the number of pupils in fourteen enrollment categories by cost rates in eleven functional areas. Any districts FY14 calculations can be seen on the foundation budget link available in the FY14 Chapter 70 formula spreadsheet. Here we use the Marshfield school districts calculations as an example.
Foundation Enrollment
The columns going across the page are the fourteen enrollment categories used in the foundation budget calculation. Any given years foundation enrollment is a count of the number of pupils for whom a school district is financially responsible, on October 1st of the previous year 657 . It is comprised primarily of local resident school-children attending their communitys local or regional school district. However, the measure also includes students for whom the district is paying tuition, at Commonwealth charter schools, other school districts, special education schools and other settings. It does not include tuitioned-in students from other districts, because their home districts are paying for those students costs.
655 MA. DEPT. OF ELEMENTARY AND SECONDARY EDUC., THE MASSACHUSETTS FOUNDATION BUDGET (2013), available at http://www.doe.mass.edu/finance/chapter70/chapter_cal.pdf. 656 Edward Moscovitch, Model School Budget. Cape Ann Economics, Rockport, Massachusetts, 1992, p1. 657 For example, FY14 foundation enrollment is based upon Oct 1, 2012 headcount. The one-year lag is necessary because the next years enrollment is not known until after the state budget.
86 Based upon the pupil-specific information submitted by each school district to the Massachusetts Department of Elementary and Secondary Education, a student is classified as being in one of the following categories, which appear in columns 1 through 10 of the report.
Column Description
1 regular education or special education pre-kindergarten 2 regular or special education half-day kindergarten 3 regular or special education full-day kindergarten 4 regular or special education elementary (grades 1-5) 5 regular or special education junior high/middle (grades 6-8) 6 regular or special education senior high (grades 9-13) 7 limited English pre-kindergarten 8 limited English half-day kindergarten 9 limited English (grades 1-12) 10 vocational education (grades 9-12) 658
These headcounts are used to compute total foundation enrollment at the far right of the report. Note that for the purpose of computing this total, pre-school and half-day kindergarten categories count as .5 full- time equivalent pupils because they typically attend for half the school day. For example, Marshfields total foundation enrollment of 4,344 (shown in the last column on the right) counts its 96 pre-schoolers (columns 1 and 7) as 42 pupils; its 268 half-day kindergartners (column 2) count as 134 pupils; and its 2 ELL half-day kindergartners (column 8) as 1 pupil.
In columns 11 through 14 there are four cost increment categories that are intended to reflect the additional resources needed to educate special education and low-income students. These students have already been counted in columns 1 through 10, and are therefore not added to total enrollment.
Assumed in-district special education enrollment (column 11) is set at 3.75 percent of foundation enrollment (not including pre-kindergarten and vocational pupils) and 4.75 percent of vocational enrollment. These headcounts are assumed rather than actual counts of pupils, an approach which is practiced in other states around the country. 659
Assumed out-of-district special education enrollment (column 12) is set at one percent of total foundation enrollment (again not including pre-kindergarten and vocational pupils).
Low-income status is reported on the basis of eligibility for free and reduced lunch programs. The FY14 increment for grade 1 to 8 low income students (column 13) is $3,393 per pupil. The FY14 increment for grade 9 to 12 low income students is $2,743 (column 14). Massachusetts has been ranked as having the highest such poverty factors in the nation. 660
A lengthier description of how foundation enrollment is generated can be found on the DESE School Finance web site at http://www.doe.mass.edu/finance/chapter70/enrollment_desc.docx.
658 If a town is a member of a regional vocational district, its resident pupils at that district are not counted in local district enrollment. The vocational district reports those pupils and Chapter 70 aid goes directly to the vocational district. Post-graduate and post-secondary pupils in programs run by vocational districts may be counted if they pay less than the state-approved tuition rate. 659 Verstegen, D. A. (2011) Public education finance systems in the United States and funding policies for populations with special educational needs. Education Policy Analysis Archives, 19 (21). Retrieved 7/5/2012, from http://epaa.asu.edu/ojs/article/view/769. As of 2011, 5 states used a census-based approach similar to Massachusetts. 660 Kevin Carey, The Funding Gap 2004. The Education Trust, Special Report: Washington, DC. 2005, p.13.
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Associating a cost with each enrollment category and function
Each pupil generates a specific cost in each functional category. The costs are higher at the upper grades. They are also higher in the limited English and vocational programs. Special education and low- income increments add substantial costs as well.
A summary of the assumptions underlying foundation rates describes how all eleven categories are derived. The largest dollar amount is represented by the class size and salary assumptions for teachers. The statutory class sizes of 22 for elementary, 25 for junior high/middle, and 17 for high school remain in effect. The FY94 teacher salary of $38,000 has been factored up by inflation so that in FY13 it stands at $64,923.
The Wage Adjustment Factor
The wage adjustment factor gives a district credit for having higher school costs if it is located in a geographic area where average wages are higher than in other areas of the state. In theory it is more expensive for them to attract teachers and other staff to come to work there, because the cost of living is higher. Massachusetts is one of the few states in the country to use such a factor.
The wage factor is calculated using the latest available average wage data supplied by the states Department of Employment. The factor reflects a towns own average, but is much more heavily weighted to the average of the labor market area the town is located in. There are 23 labor market areas used. There are real differences in these averages, which represent the combined total for all industries both private and public.
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CY11 CY11 CY11 Labor Market Area Wages Employment LMA Avg unassigned 148,061,299 4,553 32,520 Great Barrington, MA LMA 477,638,731 13,487 35,415 Tisbury, MA LMA 332,929,030 7,845 42,438 Nantucket County/town LMA 271,549,916 5,721 47,465 Amherst Center, MA Micropolitan NECTA 717,721,298 16,419 43,713 Athol, MA Micropolitan NECTA 196,175,578 5,609 34,975 Barnstable MA Metropolitan NECTA 3,894,977,595 96,766 40,252 Boston-Cambridge-Quincy, MA NECTA Division 115,752,922,604 1,666,451 69,461 Brockton-Bridgewater-Easton, MA NECTA Division 3,828,768,856 86,651 44,186 Framingham, MA NECTA Division 11,040,980,882 153,812 71,782 Greenfield, MA Micropolitan NECTA 558,624,782 15,868 35,204 Haverhill-North Andover-Amesbury, MA-NH NECTA Division 2,017,832,966 44,913 44,928 Lawrence-Methuen-Salem, MA-NH NECTA Division 1,771,964,894 39,915 44,393 Leominster-Fitchburg-Gardner, MA Metropolitan NECTA 1,856,484,022 47,532 39,058 Lowell-Billerica-Chelmsford, MA-NH NECTA Division 6,954,259,540 112,515 61,807 Nashua, NH-MA NECTA Division 124,731,232 3,338 37,367 New Bedford, MA Metropolitan NECTA 2,729,187,273 65,946 41,385 North Adams, MA-VT Micropolitan NECTA 463,095,741 12,002 38,585 Peabody, MA NECTA Division 4,775,488,570 100,140 47,688 Pittsfield, MA Metropolitan NECTA 1,464,638,237 34,917 41,946 Providence-Fall River-Warwick, RI-MA Metropolitan NECTA 3,674,981,922 94,851 38,745 Springfield, MA-CT Metropolitan NECTA 10,349,558,823 244,227 42,377 Taunton-Norton-Raynham, MA NECTA Division 2,052,431,991 44,001 46,645 Worcester, MA-CT Metropolitan NECTA 11,174,421,255 231,261 48,320 State Total 186,629,427,037 3,148,740 59,271
A districts wage factor is a percentage that is applied to the eight salary-related functional categories in the foundation budget 661 . The labor market area for a district is compared to the state average and weighted at 80 percent. The towns own factor is weighted at twenty percent. The distance above or below the state average is then divided by three to determine the wage adjustment factor.
Prior to FY2000, districts in lower-wage areas saw significant reductions in their foundation budgets, by as much as ten percent. Since then, annual budget language has cushioned districts from these reductions, to the point where beginning in FY04, only those with above-average wages have been affected by the wage adjustment factor. Those below the average are set to 100 percent. In FY14, 115 municipalities in just three labor market areas are affected:
Boston/Cambridge/Quincy NECTA division Framingham
661 The wage factor is not applied to instructional equipment, employee benefits, or special education tuition.
89 Lowell/Billerica/Chelmsford NECTA division
A districts wage factor appears at the bottom left of its foundation budget report. Marshfields wage factor is 102.3 percent.
FY14 Foundation Budget: Massachusetts State Totals
After applying the wage factor, the statewide total for all school districts in FY14 is $9,711,217,582. Teaching makes up 45 percent. The six instructional categories (instructional leadership, teachers, other teaching services, professional development, instructional materials/technology, and guidance/psychological) account for a combined 70 percent.
FY14 Foundation Budget by Category Category Dollars Pct of Total administration 452,726,919 4.7 instr leadership 617,336,130 6.4 teachers 4,388,292,858 45.2 other teaching srvcs 856,416,569 8.8 prof development 157,394,996 1.6 instr materials equip & tech 508,627,530 5.2 guidance/psych 267,602,990 2.8 pupil services 239,890,171 2.5 maintenance 1,113,258,810 11.5 benefits 903,620,413 9.3 sped tuition 206,050,195 2.1 total 9,711,217,582 100.0
90 FY14 Foundation Budget: District Results
When presented in per pupil terms there is considerable variation among districts in their foundation budgets. After separating out vocational districts as a separate category, urbanized centers are higher than other types of districts by more than $1,400 per pupil.
A listing by district shows each districts per pupil amount, with some of the key factors that can contribute to higher foundation budgets.
Contacts
Melissa King 781-338-6532 mking@doe.mass.edu Chapter 70 Roger Hatch 781-338-6527 rhatch@doe.mass.edu Chapter 70 Hadley Cabral 781-338-6586 hcabral@doe.mass.edu Charter School Finance
91 APPENDIX L: MINUTEMANS STATEMENT OF THE PROBLEM
STATEMENT OF THE PROBLEM Long Term Sustainability of the Minuteman Regional Technical School District
1. The Minuteman School Building has reached its expected life span and needs renovation or replacement. Substantial costs have been required to operate in recent years. The roof, windows, doors, HVAC distribution systems, plumbing, electrical systems, lighting, controls, insulation, physical lay-out, instructional spaces, equipment, technology, health facilities, parking, handicap access, and athletic facilities, are outdated after 38 years of day and evening use. Instructional areas in many cases have been adapted from their original design purpose to accommodate new programs or changes in technology and instruction. Code issues need to be addressed. Evening adult use is extensive for programs in demand.
This school has a statewide reputation for quality instruction and is dependent on 100% of member towns to approve and appropriate funds for the design and construction of school facilities that will meet the vocational technical needs of the students, local businesses and industries of the region.
MSBA shall reduce the cost of planning and construction with a minimum percentage estimated @ 40%.
Non-member municipalities do not pay for capital costs, but their tuition payment does contribute substantially to the operating cost of the school and aids in supporting a wider array of programs than member municipalities alone can support.
Member municipalities own the school and their elected official(s) appoint a representative to the districts governing school committee (board- of-control) who employ its superintendent, set policies for management, students, programs, employees, facilities and their use. The school committee, acting through its Superintendent, determine the number, size and array of instructional programs to be offered, changed or modified to meet the needs of their children and their economic partners.
Changes in the number of member school districts would change the governance and cost allocation of both capital and operating cost of all members.
Changes in the District Agreement voted by all member towns may be required to achieve sustainability for a viable technical school district for the future.
Charge: The Amendment Subcommittee will review information presented to them and use this information when they make recommendations to the Minuteman Regional Vocational Technical School Committee concerning the sustainability of the school, which would be in the form of an amended regional agreement.
2. Enrollment for Minuteman High School @ 739 students continues a long history of being below the school districts original designed capacity (1,171). Minuteman provides high quality Chapter 74 programs, through which students earn both a certificate of occupational proficiency and a high school diploma. Minuteman is accredited by the New England Association of Schools and Colleges (NEASC). The number of students who attend the school is below the vocational
92 districts expectations and affects the schools cost-efficient operation. The goal of the Regional Agreement is to maximize the utilization of this education resource to serve the member districts.
93 Enrollment from member school districts in FY13 is 401 students, or 54% of the total Minuteman student population. This enrollment alone is insufficient to populate and efficiently operate the twenty (20) approved Chapter 74 programs currently available.
! Programs respond to a wide variety of student interests and their career and college aspirations.
! Programs represent the broad employment needs of the regions 16 member towns and the surrounding job market. A program advisory committee of local employers and stakeholders support each program.
! Some programs have low enrollment leading to relatively high per-pupil operating costs.
! One-percent (1%) of the total student populations from the 16 member towns attends Minuteman High School. On average 4.4% of all eighth graders, apply. 71% of applicants enroll.
! 46% of the students enrolled from member towns require special education services under individual educational plans (IEP).
! 28.7% of the students enrolled come from low-income households.
! Member municipalities are required by law to pay the state set tuition and transportation costs for a student from their town enrolled elsewhere in a program that is not available at Minuteman High School.
Enrollment of students from non-member municipalities is 338, or 46% of total student enrollment, coming from over 30 non-member municipalities in FY13. Non- member students have the right to access the programs at Minuteman High School under provisions of MGL Chapter 74, Section 7. Non-member students admitted to Minuteman High School come to the school for two reasons:
1. Students want a program available at Minuteman High School that is not available in their home school district. 2. Students not admitted to an approved vocational program at the vocational school serving their resident town because that school did not have sufficient space, and Minuteman High School accepts the student and has room in that program.
! The non-member students municipality is required to pay a tuition that the state has capped in FY13 at $ 19,060 per student. An additional stipend for special education services is required by a students IEP. Non Resident Tuition revenue in FY 12 totaled $5,228,572. Sending schools receive no less than 17.5% ($2,845 Per-pupil) in state Chapter 70 foundation aid.
! Municipalities sending students to Minuteman do not pay for capital expenses as do Minuteman member towns. Non member tuition revenue supports the operational expenses, and contributes to the stability and sustainability of resources for the program offerings.
! Non-member municipalities must provide for transportation cost for students going to Minuteman. There is a token (8%) reimbursement in FY13. By contrast, member municipalities of the region have their assessed cost for transportation reduced by a regional transportation reimbursement aid (52% estimated in FY13).
94
Supporting Data Sources
Massachusetts Department of Elementary and Secondary Education (DESE) Facility Study and Capacity Analysis Minuteman Career and Technical High School New England School Development Council (NESDEC), March, 2011
Students Enrolled at Minuteman who are supported by assessment to Member Towns
Total of All Students Foundation Enrolled in Member Town School Districts
95
*Dover enrollment at Dover-Sherborn Regional in not included in the base for the district
Foundation Enrollment over 20 years for Member District Schools
96
Minutemans Share of Total Regions K-12. Data on Foundation Enrollment (below).
Oct. 1, 2013 Foundation Enrolled By Member Town (above) DESE
Reference MGL referenced above
CONSTITUTIONAL OBLIGATION FOR MASSACHUSETTS PUBLIC SCHOOLS
*McDuffy vs. Commissioner of Education 1993
At the conclusion of its decision, the court set out broad guidelines regarding the nature of the duty to educate. The court stated that - An educated child must possess 'at least the seven following capabilities: (emphasis added)
(i) sufficient oral and written communication skills to enable students to function in a complex and rapidly changing civilization; ii) sufficient knowledge of economic, social, and political systems to enable students to make informed choices; (iii) sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her community, state, and nation;
(iv) sufficient self-knowledge and knowledge of his or her mental and physical wellness;
(v) sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage;
(vi) sufficient training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and pursue life work intelligently; and (vii) sufficient level of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market.'
97
Chapter 74 Requirement
DESE Guidelines on student access to Chapter 74 Programs
Out-of-district c74 tuition in FY14 capped at $ 19,060. Per student Transportation additional with limited reimbursement
Students have the freedom to seek admission to schools with state-approved vocational technical education programs. Such programs are approved pursuant to M.G.L. c. 74 603 CMR 4.00 and are known as Chapter 74- approved programs. The student would file an application for admission to the school. Note that all students who seek admission to vocational technical education schools/programs must follow the admission process (including using school-provided application forms) of the school to which they seek admission. The Guidelines for Admission Policies of Vocational Technical Secondary Schools and Comprehensive Secondary Schools | address admission to schools/programs.
In the case of a student seeking admission to a school outside of his/her district of residence, the student and/or receiving district would also file a Chapter 74 Vocational Technical Education Nonresident Student Tuition Application with the student's district of residence superintendent of schools. If accepted to a school that has a program in which the student would like to explore as a ninth grader and then study as a major, or begin studying as a tenth or eleventh grader and such program is not offered through the student's district of residence, the student's city/town would be liable for the payment of nonresident tuition for the program. Note that the Department is reviewing the tuition responsibility for a student who resides in a city/town that is a member of a regional vocational technical school district and who has been placed on a waiting list for a program that is offered by the regional school district.
Note that a student may seek admission to a Chapter 74-approved program outside of his/her district of residence even if it is offered through his/her district of residence in anticipation of the same program not being available to him/her through his/her district of residence due to oversubscription. In such a case, the student must have applied for the Chapter 74-approved program offered through his/her district of residence before filing a Chapter 74 Vocational Technical Education Nonresident Student Tuition Application .
The Law and Regulations:
These Guidelines will assist school districts and cities/towns with the implementation of the law and regulations. The sections of the law and regulations regarding nonresident student tuition are quoted below for reference.
M.G.L. c. 74, Section 7 states:
Residents of towns in the commonwealth not maintaining approved independent distributive occupations, industrial, agricultural, vocational home economics and allied health occupations training schools offering the type of education desired, or children placed in such a town by the commissioner of social services or by the trustees of the Massachusetts training schools, may, upon the approval of the commissioner under the direction of the state board, be admitted to a school in another town. In making his decision, the commissioner under the direction of the state board shall take into consideration the opportunities for free vocational training where the applicant resides, the financial status of such place, the age, preparation, aptitude and previous record of the applicant, and other relevant circumstances.
6.4.13
98 APPENDIX M: METHODOLOGY FOR FIGURE 6 662
Base data derived from Massachusetts Department of Elementary and Secondary Education website. 663
Step 1: ESE Tab School/District Profile " ESE Sub-Tab Finance " ESE Link Per Pupil Expenditure Report " ESE Sort Key 0000000 (all Ma.) " Select Year 2006 & 2012 " Output.
Step 2: Add foundation budget per pupil information for each city and town. 664
Step 3: Assign wealth codes (aka CEY Quintiles) to each city/town. 665
Step 4: Apply calculation to F.Y. 2006 Per Pupil Expenditure Amount to adjust for inflation. (This step applies only to the F.Y.2006 generated in Step 2.)
Step 5: Code each city/town by regular education or regional/independent vocational schools.
Step 6: Categorize information by wealth district; sort F.Y. city and town expenditure per student by wealth code assigned in Step 3.
Step 7: Categorize within each wealth district for type of education; sort Step 6 into regular and vocational education.
Step 9: Calculate the averages; Find the average for regular and vocational education per pupil for each wealth district.
662 See supra pp. 31-33. 663 Data collected from: Per Pupil Expenditures Report, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, available at http://profiles.doe.mass.edu/state_report/ppx.aspx (last visited Mar. 7, 2014). 664 Data collected from: FY12 Chapter 70, Comparison to FY11, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (Feb. 9, 2012), available at http://www.doe.mass.edu/finance/chapter70/chapter_12.html. 665 Data collected from: Luc Schuster, Latest Master Workbook (unpublished Excel file) (Feb. 8, 2014) (on file with Law Office 14 at Northeastern University School of Law).
99 APPENDIX N: SURVEY WAITING LIST DEMOGRAPHICS
Methodology of determining each column within Appendix X-1:
What is the name of your school?: The names that Responding Schools provided were edited to reflect the full name of the school as indicated on the DESE website.
How many students are on your schools waiting list?: These numbers were provided by the Responding Schools.
How many additional students could your school accommodate? (vacancies): Only the 2013- 2014 Responding Schools were asked this question. Blank cells indicate that the school did not provide an answer. The numbers in these cells are referred to as vacancies.
Total Enrollment: Go to this website: http://profiles.doe.mass.edu/. 666 Then search the name of the school, click on the Complete Report Card, click on the Students sub-tab. On the Students sub-tab page there is a box title Enrollment by Gender. The Total reflected in that box was used as the Total Enrollment.
White students (%): Go to this website: http://profiles.doe.mass.edu/. Then search the name of the school, click on the Complete Report Card, click on the Students sub-tab. On the Students sub-tab page there is a box title Enrollment by Race/ Ethnicity (2013-14). In the column for % of School there is a row for the White enrollment. This percentage was used for the White students (%). The last cell in this column, in the row State average (as applicable), reflects the number on the websites table in the column % of State.
Students of Color (%): The percent of the white population was subtracted from 100 to determine the % students of color. The last cell in this column, in the row State average (as applicable), reflects the number on the websites table in the column % of State.
Number of students on the waiting list as a percentage of the total enrolled: This number was determined by dividing the total enrolled in the school, by the number of students on the waiting list. Then, that number was multiplied by 100 to calculate a percentage.
Low-income (%): Go to this website: http://profiles.doe.mass.edu/. 667 Then, search the name of the school, click on the Complete Report Card, click on the Students sub-tab. Click on the link Selected Populations on the left side of the page. There is a table of Selected Populations (2013-14). The number in the cell that reflects the Low-income population under the column for % of School was used in the Low-income (%) column for this appendix. The last cell in this column, in the row State average (as applicable), reflects the number on the websites table in the column % of State.
First Language not English (%): Go to this website: http://profiles.doe.mass.edu/. 668 Then, search the name of the school, click on the Complete Report Card, click on the Students sub-tab. Click on the link Selected Populations on the left side of the page. There is a table of Selected Populations (2013-14). The number in the cell that reflects the First Language not
666 School and District Profiles, MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, http://profiles.doe.mass.edu (last visited Mar. 9, 2014, 4:09 PM). 667 Id. 668 Id.
100 English population under the column for % of School was used in the First Language not English (%) column for this appendix. The last cell in this column, in the row State average (as applicable), reflects the number on the websites table in the column % of State.
Remediation Rates (%): Remediation rates were found on the Massachusetts 2005 School to College Reports, issued on February 2, 2008 by the Massachusetts Department of Higher Education (see http://www.doe.mass.edu/research/reports/s2c.html). 669 Each school has comprehensive data related to its performance for the 2005 graduating class. Remediation rates are detailed on page 5 of each school's report, under heading D, "Enrollment of the 2005 School-to-College Cohort in Developmental Coursework.
Gateway City?: Go to this website: http://profiles.doe.mass.edu/. 670 Then, search the name of the school, click on the Complete Report Card, click on the General sub-tab. The city listed in the Mailing Address was compared to the list of Gateway cities. If the city was on the list of Gateway Cities, then a Yes was added to the relevant cell.
Spending Quintile: See supra Appendix M for the methodology to determine Spending Quintile.
Survey Year: This cell reflects which year the Responding School responded to the waiting list survey. For more details see Appendix D.
British Columbia - Campus 2020 - Thinking Ahead: The Report - Access & Excellence - The Campus 2020 Plan For British Columbia's Post-Secondary Education System - Geoff Plant - April 2007