BOSTON — The Legislature advanced a home rule petition from Lawrence on Thursday over the objections of four senators, allowing a priority for the city’s local leaders to move forward as its main sponsor argued “this is a question about ensuring that folks have the right … of self determination, have the right to govern themselves.”
In a somewhat rare late-session debate on the Senate floor, Sen. Pavel Payano of Lawrence made the argument for the bill (H 5098) that would restructure the Lawrence School Committee from an entirely elected board to one partially appointed by the City Council once the city’s schools transition out of state receivership.
Despite other senators’ opposition, it passed through the chamber Thursday, and then got final approval in both the House and Senate. It’s now on Gov. Maura Healey’s desk for her signature or veto.
“The individuals that represent the city of Lawrence and its local politics have spoken, and what they’ve said is that this is what they feel like they need in order to ensure that they have a good structure within the school board,” Payano said last week. The City Council approved the petition with a 7-2 vote, and it has the backing of current Mayor Brian De Peña.
The Lawrence Teachers Union has opposed the measure, and ahead of Monday’s session urged lawmakers to “stand up not just for the people of Lawrence, but to safeguard the democratic rights of residents in all communities across the Commonwealth – including their own constituents.”
Several senators seemed to agree with sentiments the union expressed. Sen. Ryan Fattman of Sutton expressed his reservations about the bill last week, warning that it could have consequences for other parts of the state, like Southbridge, which he represents.
Southbridge is also under state control after the school district had a pattern of several years of poor academic performance, and Fattman cautioned that changing Lawrence’s plan for a transition out of receivership could have ripple effects in his district.
Other senators also spoke up during Monday’s session with reservations about the bill, all seemingly focused on disenfranchising Lawrence voters.
“Democracy, as Winston Churchill pointed out, is the worst form of government, except for all the others. And that’s what I believe. It doesn’t always work in the way that I would prefer,” said Sen. Pat Jehlen, who was an officer for the Massachusetts Association of School Committees and served on the Somerville School Committee for 16 years.
The Lawrence bill would restructure the committee by shifting from an entirely elected board to one where three of seven members were elected directly by voters, three are appointed by the City Council, and the mayor serves as chairman.
“Elected members will be in a minority, if the City Council appoints school committee members. Doesn’t that make it democratic, since the council is elected? No. For the simple reason that councilors don’t run on school issues,” Jehlen said. “School committees don’t control their bottom lines, which are set by mayors and city councils, but they can advocate for what the students need, instead of quietly acquiescing.”
Payano argued that an appointed committee that has helped steer the district during the last 13 years it has been under receivership has helped make major improvements to the schools. The previous elected committee, before the state took over in 2011, allowed corruption to fester in the district without accountability, he said.
“I remember 26 percent of kids dropping out. That was huge. And these folks, it wasn’t just like one year 26 percent dropped out. It was over the course of years. The dropout rate was increasing over the course of years; the graduation rate was decreasing,” Payano said. “These folks kept getting elected … There was a superintendent that was indicted. All of us knew what was going on with that superintendent. Yet that person kept getting bonuses, was never fired.”
Sen. Jamie Eldridge of Marlborough echoed Jehlen’s concerns.
“From a little ‘d’ democracy point of view, I think one of the more powerful movements that has happened in the past 10 years of in Massachusetts, in many communities, often cities, that have moved from at-large elections – whether school committee, whether City Council – to district, to make sure that the voices of every neighborhood in often diverse communities are best represented,” Eldridge said.
Sen. Bruce Tarr of Gloucester also shared concerns and asked Payano if the home rule petition was a prerequisite for Lawrence Public Schools having the opportunity to exit state receivership. The state wants to put the district on a plan back to local control, but hasn’t officially started that process yet.
Payano replied that it is not a prerequisite.
“The commissioner has stated in the past that whether it’s this structure or an elected school committee, the current structure of the elected school committee or a different structure of an elected school committee – none of that has anything to do as to when Lawrence will get out of receivership,” Payano replied to Tarr’s question.
The Lawrence Democrat said he feels the home rule petition should not have a bearing on any other community in the state. It was specifically designed for the city’s needs, he said, and every district under state control will come up with its own plan to transition back to local governance.
Tarr asked if Payano would be willing to provide written documentation for the Senate Journal that modifying the school committee structure is not necessary to exit receivership and would not impact other communities, and Payano replied that he would.
Though Jehlen, Eldridge and Tarr expressed concerns, the Senate adopted a Payano amendment that had some simple correction language and gave the bill initial approval on a voice vote without any opposition. During informal sessions, a single lawmaker can delay a bill’s passage, and any one of the senators who had spoken could have stopped the bill’s approval if they chose.
It then got final approval in the House and came back to the Senate where it was enacted later in Monday’s session.
“I appreciate the conversation we had in the Senate Chamber,” Payano told the News Service later Monday.
“Part of why this was so important is allowing and trusting a community to govern itself, and this is how Lawrence wishes to do that. This didn’t just appear overnight, this has been in the works for almost 14 years, and things need to shift in Lawrence.”
Healey has 10 days to review the bill, to either sign it, veto it, or send it back to the Legislature. Since the legislative session ends Dec. 31, she has only until then to send it back to lawmakers, after which time she can still sign it or pocket-veto the bill.