Manufacturing Success:

Manufacturing Success: 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 O Connell 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 DESE s 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 i

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: Minuteman s 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 ii

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 child s 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 Commonwealth s 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. 1

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 Commonwealth s 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 Budget s 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. 2

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 Commonwealth s 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). 3

Each of these figures represents 92 students being denied access to vocational education. 4

I. THE ANSWER IS VOCATIONAL EDUCATION 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. Students and parents alike often feel that middle school students must continue into high school with the eventual goal of pursuing a bachelor s degree to have any competitive advantage when looking for employment after high school. However, today s college students graduate without the training required for most jobs in today s 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 today s 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 education s 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, you re 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 they re 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). 5

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 collegecentric 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. 6

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 I m 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. 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). 7

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 student s 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 public s 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 Nat l 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. 8

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 district s 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 school s 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 Commonwealth s 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. 9

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 section s 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: 10

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 onethird 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 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. 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. 11

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 state s 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. 12

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 lowincome 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. 13

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 lowincome 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. State s 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. 14

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. 15

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 lowincome populations above the state average. 145 Eight of the schools in gateway cities have remediation rates at or above 50%. 146 I go to Bristol Aggie, and one day I want to 4. Students of Color own my own business. Survey data revealed that students of color are likely being disproportionately denied services to Student. Bristol County Agricultural High School. 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. 16

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, Early Education and Care, Culinary Arts, Automotive, Office, 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. 17