Bill S.2502

FILED ON: 7/22/2021

SENATE . . . . . . . . . . . . . . No. 2502

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to military spouse-licensure portability, education and enrollment of dependents.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Paragraph (d) of Section 1B of Chapter 112 of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by striking out the words:-

if, in the opinion of the department, the requirements for licensure or certification of such other state are substantially equivalent to the requirements for licensure or certification in the commonwealth.

SECTION 2. Paragraph (e) of Section 1B of Chapter 112 of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by striking out the words:-

SECTION 3. Chapter 33 of the Generals Laws, as appearing in the 2021 Official Edition, is hereby amended by inserting after section 139:-

Section 140. EXPEDITED LICENSURE.

No later than 30 days following receipt of an application from (i) any person who is a member of the armed forces or (ii) the spouse of any person who is a member of the armed forces, the commissioner of the division of professional licensure and each of the boards of registration and examination under the commissioner’s supervision shall either issue a license or notify an applicant when the applicant’s military training or experience does not satisfy the requirements for licensure and specify the criteria or requirements that the applicant failed to meet and the basis for that determination.

SECTION 4. Section 38G of Chapter 71, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph immediately following the paragraph beginning with “Temporary Certificate”:-

“‘Military spouse certificate’, a license to teach which the commissioner of education shall issue to a person who is the spouse of a service member, and the spouse and service member reside in the Commonwealth of Massachusetts as a result of the service member’s service in the U.S. armed forces, a Reserve unit of the U.S. armed forces, or the National Guard of any state, when such spouse holds a valid teaching certificate from another state in good standing but has not satisfied the certification testing requirements contained in this section. The military spouse certificate shall be valid for at least three years. Service under a military spouse certificate shall be counted as service in acquiring professional teacher status, contingent upon the teacher passing the applicable certification tests.”

SECTION 5. Chapter 71 of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by inserting after section 97:-

Section 98. PURPLE STAR CAMPUS.

(a) In this section, “military-connected student” shall mean a student who is a dependent of:

(1) a current or former member of:

(A) the United States military serving in the Army, Navy, Air Force, Marine Corps, or Coast Guard on active duty;

(B) Massachusetts National Guard; or

(D) a member of a military or reserve force described by Subdivision (A), (B), or (C) who was killed in the line of duty.

(b) The department shall designate a school district campus as a Purple Star Campus if the campus applies and qualifies for the designation under this section.

(1) designate a staff member as a military liaison, whose duties include:

(A) identifying military-connected students enrolled at the campus;

(B) serving as the point of contact between the campus and military-connected students and their families;

(D) assisting in coordinating campus programs relevant to military-connected students;

(2) maintain on the campus Internet website an easily accessible web page that includes resources for military-connected students and their families, including information regarding:

(A) relocation to, enrollment at, registration at, and transferring records to the campus;

(B) academic planning, course sequences, and advanced classes available at the campus; and

(3) maintain a transition program led by students, where appropriate, that assists military-connected students in transitioning into the campus;

(4) offer professional development for staff members on issues related to military-connected students; and

(5) offer at least one of the following initiatives:

(A) a resolution showing support for military-connected students and their families;

(B) recognition of the Month of the Military Child or Military Family Month with relevant events hosted by the campus; or

(C) a partnership with a local military installation that provides opportunities for active duty military members to volunteer at the campus, speak at an assembly, or host a field trip.

(D) To comply with a requirement under Subsection (c)(2), (4), or (5), a school district campus may partner with the district to provide:

(1) an Internet website web page required under Subsection (c)(2) if the campus does not have an Internet website;

(2) professional development required under Subsection (c)(4); or

(3) an initiative required under Subsection (c)(5).

(E) The department shall promulgate rules and regulations as necessary to administer this section.

SECTION 6. Section 94 of Chapter 71 of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by inserting after the last paragraph the following paragraph:-

(u) For the purposes of this chapter:

(1) a dependent of a member of the United States Armed Forces who has received orders to relocate in this state; or

(2) a dependent of a member of the United States Armed Forces who was previously enrolled in high school in this state and does not reside in this state due to military deployment or transfer, shall be considered a resident of this state and the applicable local school system.

SECTION 7. Chapter 71 of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by inserting after Section 6A the following section:-

Section 6B. ADMISSION OF STUDENTS WHO ARE MILITARY DEPENDENTS.

(a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, the following meanings:-

"military-connected student", a student who is the dependent of either a person in the active military service of the United States or in a full-time status during active service with a force of the United States organized militia.

(b) A military-connected student whose parent or guardian is being relocated to the state under military orders and is transferred to or is pending transfer to a military installation within the state, shall be deemed to be a resident pupil of a school district for the purposes of enrollment. A school district shall permit military-connected students to enroll preliminarily by remote registration without charge and shall not require the parents or guardians of the military-connected student or the student himself or herself to physically appear at a location within the district to register the student, if the parents or guardians present evidence of military orders that a parent or guardian will be stationed in this state during the current or following school year. The parents or guardians may use an address within the school district where the military-connected student is to be enrolled of a temporary on-base billeting facility, a purchased or leased home or apartment, or federal government or public-private venture off-base military housing. Proof of required residency shall not be required at the time of the remote registration but shall be required within ten days of the student’s attendance in the school district.

SECTION 8. Subsection (t) of Section 9 of chapter 15A of the General Laws is hereby amended striking out subsection (t), and inserting in place thereof the following subsection:

(t) issue regulations defining resident of the commonwealth and proof of the same for the purpose of admission and tuition expenses of public institutions of higher education and prepare uniform proofs of residence to be used by all public institutions; provided, however, that insofar as the Massachusetts Maritime Academy is designated a regional maritime academy by the United States maritime administration, residents of the states comprising the designated region and attending the Massachusetts Maritime Academy shall be considered Massachusetts residents for the purposes of admission and tuition; and, that insofar as any person who is (i) a member of the armed forces and stationed in this state pursuant to military orders, (ii) the spouse of any person who is a member of the armed forces and stationed in this state pursuant to military orders, or (iii) an unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders, shall be considered Massachusetts residents for the purposes of admission and tuition.

SECTION 9. Chapter 15A of the General Laws, as appearing in the 2021 Official Edition, is hereby amended by adding the following section 191/3 entitled “In-state tuition continuity.”

Section 191/3. IN-STATE TUITION CONTINUITY FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.

Any person who is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The person, (i) while in residence after his or her acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the person is thereafter transferred on military orders or retires.

The spouse of any person who is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The spouse, while in residence after the spouse's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the member of the armed forces is thereafter transferred on military orders or retires.

An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, (i) while in continuous attendance toward the degree for which the student is currently enrolled, or (ii) while in residence after his or her acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if his or her parent is thereafter transferred on military orders or retires.

SECTION 10. This act shall take effect immediately.