Bill H.3540

HOUSE DOCKET, NO. 1476 FILED ON: 1/18/2023

HOUSE . . . . . . . . . . . . . . . No. 3540

By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 3540) of Thomas M. Stanley, David F. DeCoste and Patrick Joseph Kearney relative to military childcare innovation, learning, and development. Veterans and Federal Affairs.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to the United States Space Force and military childcare innovation, learning, and development.

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. Chapter 6 of the General Laws is hereby amended by inserting after section 15QQQQQQ the following section:-

Section 15RRRRRR. The governor shall annually set apart December 19, the anniversary of the founding of the United States Space Force, in recognition of its distinguished history and spacefaring service, and shall issue a proclamation recommending that the day be observed by the people in the display of the flag and in appropriate public exercises, commemorative of the services and sacrifices of the citizens of the commonwealth who have served and continue to serve in the defense of the united states.

SECTION 2. Section 7, clause 43 part (b) of Chapter 4 of the General Laws is hereby amended by adding after the words "coast guard" the following: "United States NOAA Corps, United States Public Health Service, United States Space Force".

SECTION 3. Section 6A of Chapter 2 of the General Laws, as appearing in the 2018 official edition is hereby amended by adding at the end the following paragraph:-

"(H) all military service members (army, air force, coast guard, marine corps, navy, national guard, reserves, space force) residing in Massachusetts, and performing military duty under official orders, who are killed while in an active duty status, will be honored by having flags throughout the Commonwealth flown at half-staff from the day of death until sunset of the day of interment in accordance with such orders or instructions as may be issued by, or at the direction of the governor. The remains of POWS/MIAS repatriated within the Commonwealth shall have the flag half-staffed on the day of arrival within the Commonwealth through the day of internment. Additionally, flags will be half-staffed each year on national POW/MIA day, observed across the nation on the third Friday of September, from sunrise to sunset".

SECTION 4. Section 78 (a) of Chapter 10 of the General Laws, as appearing in the 2018 official edition is hereby amended by inserting after the words "United States Air Force Reserve" the following words:

"United State Space Force".

SECTION 5. Section 1 of Chapter 15E of the General Laws, as appearing in the 2021 official edition is hereby amended by removing the word "sections" in line 4 and inserting in place thereof the following:

"Chapters".

And in line 44 by inserting after the words "air force" the following:

"Space Force".

SECTION 6. Chapter 15D of the General Laws, as appeared in the 2021 Official Edition, is hereby amended by inserting section 7 the following section:-

“Section 7a. Military Childcare in Your Neighborhood. Notwithstanding any general or special law, rule or regulation to the contrary, the provisions of sections 6 and 7 of this chapter shall not apply to a program on a military base or federal property, or a facility licensed or certified as a family child care provider by a branch of the United States Department of Defense or by the United States Coast Guard.”

SECTION 7. Section 51B of Chapter 119 of the Generals Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph (s) to read as follows:

“(s) If a report is accepted as a credible allegation of domestic abuse or child abuse or neglect as defined by the department of children and families, the department shall collect information concerning the military status of the spouse, intimate partner, parent or guardian of the child who is the subject of the report and shall share information about the allegation with the appropriate military authorities in accordance with the memorandum of understanding described in section 51D.”

SECTION 8. Section 51D of Chapter 119, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph immediately following the paragraph beginning with “Each area director shall file a monthly report”:

“Each area director shall, on behalf of the department, enter into a memorandum of understanding with the military family advocacy program at a local military installation with respect to child abuse and neglect investigations. For the purposes of this section, "military family advocacy program" shall mean the program established by the United States Department of Defense to address child abuse and neglect in military families. Such memorandum of understanding shall establish procedures and protocols for matters including, but not limited to, (i) identifying an individual credibly alleged to have committed abuse or neglect as military personnel; (ii) identifying appropriate circumstances for reporting to the military family advocacy program without reducing the likelihood of reporting or creating undue risk to the health or wellbeing of the spouse, intimate partner, or child; (iii) reporting to a military family advocacy program when an investigation implicating military personnel has been initiated; and (iv) maintaining confidentiality requirements under state and federal law.”

SECTION 9. Chapter 76 of the General Laws is hereby amended by inserting after section 12C the following section:

"Section 12d. (a) students who are the dependent children of a member of the active uniformed military services of the united states on full-time active duty status and students who are the dependent children of a member of the military reserve on active duty orders shall be eligible for admission to the school district of their choice regardless of the capacity of the district. Students shall be eligible if: 1. At least one parent of the student has a department of defense-issued identification card; and 2. At least one parent can provide evidence that he or she will be on active duty status or active duty orders, meaning the parent will be temporarily transferred in compliance with official orders to another location in support of combat, contingency operation, or a natural disaster requiring the use of orders for more than thirty (30) consecutive days. (b) notwithstanding any other provision of this chapter, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent. (c) for purposes of continuity of education, a student who transfers pursuant to this section may remain at the school chosen by the parent until the student completes the highest grade level at the school."

SECTION 10. Section 1 of Chapter 151-C of the General Laws, as appearing in the 2021 official edition, is hereby amended by adding after paragraph (e) the following paragraph:

(f) The term "military-connected student" means a student who is an unemancipated person whose parent or guardian is: (i) a current, reserve, or former member of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Space Force, Army Nurse Corps, Navy Nurse Corps, United States Air Force, Air National Guard or Army National Guard; or (ii) a member of a military or reserve force under clause (i) who was killed in the line of duty.

SECTION 11. Paragraph (a) of Section 2 of Chapter 151-C of the General Laws, as appearing in the 2021 official edition, is hereby amended by inserting after the words "color" the following words:-

military affiliation or status as a military-connected student.

SECTION 12. Section 2 of Chapter 151-C of the General Laws, as appearing in the 2021 official edition, is hereby amended by adding after paragraph (g) the following paragraph:

(h) To exclude from admission any student because said student is a military-connected student.

SECTION 13. The General Laws are hereby amended by inserting after chapter 71B the following chapter:

CHAPTER 71C.

MILITARY-CONNECTED STUDENTS.

Section 1. Definitions. For the purposes of this chapter, “military-connected student” shall mean a student who is an unemancipated person whose parent or guardian is: (i) a current, reserve or former member of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Space Force, Army Nurse Corps, Navy Nurse Corps, United States Air Force, Air National Guard or Army National Guard; or (ii) a member of a military or reserve force under clause (i) who was killed in the line of duty.

Section 2. Equal rights and educational opportunity. Notwithstanding any other provision of law, military-connected students shall have equitable access to academic courses and programs and to extracurricular academic, athletic, and social programs.

Section 3. Military Parent Student Support. (a) Beginning with the 2024-2025 school year and each school year thereafter, each public school shall provide appropriate support services, as specified in subsection (b), to military-connected students whose parent or guardian is a member of the armed forces being called to and while serving on active duty.

(b) If a parent or guardian of a military-connected student is called or ordered to active duty by the Federal Government under the provisions of 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to National Guard), the parent or guardian may notify the school district of the activation to active duty and request additional supports for the student under this section. Upon receiving notification from the parent or guardian of activation, the school district shall provide the student and parent or guardian with the following:

(1) Access to the following:

(i) a certified school counselor;

(ii) a certified school psychologist;

(iii) school social workers; or

(iv) certified home and school visitors.

(2) Information regarding the following:

(i) Existing Federal and State military support services.

(ii) Any other service, agency, or resource necessary to support or provide assistance to the student, parent, or guardian.

(c) The Department of Elementary and Secondary Education shall coordinate with the military division of the commonwealth to carry out this section, including posting information about the requirements of this section to their publicly accessible Internet websites and providing informational materials for use by school districts to inform parents and guardians of the supports available under subsection (b)(2).

Section 4. Exceptional Family Member Parent Student Support. (a) Whenever a due process hearing is held pursuant to the provisions of the "Individuals with Disabilities Education Act (IDEA)," 20 U.S.C. s.1400 et. seq., or regulations promulgated thereto, regarding the identification, evaluation, reevaluation, classification, educational placement, the provision of a free, appropriate education, or disciplinary action, of a military-connected student with a disability, the school district shall have the burden of proof and the burden of production.

(b) In any action or proceeding brought under Part B or Part C of IDEA, a hearing officer may, in his or her discretion, may award reasonable expert witness fees as part of the costs to a prevailing party who is the parent of a military-connected student with a disability.

Section 5. National Guard and Reserve Parent Student Support. (a) Notwithstanding any other provision of law, a military-connected student who is a child of a member of the National Guard and Reserve shall be afforded the same rights as a student of an active-duty military family under chapter 108 of the acts of 2012, known as the Interstate Compact on Educational Opportunity for Military Children Act, if a parent is required to move to perform the parent's responsibilities in the service of the National Guard or Reserve resulting in the student having to transfer from a public school in one state to a public school in another state.

Section 6. Military-connected Student Identifier. (a) A school district shall notify a classroom teacher of the enrollment of a military-connected student in any class taught by the teacher. The purpose of the notification is to provide the teacher with the opportunity to monitor a military-connected student’s level of academic engagement and to provide additional academic support to the student as needed.

(b) A parent or guardian of a military-connected student may opt their child out of being identified to the teacher as a military-connected student, pursuant to subsection a of this section. At the request of a parent or guardian, the school district shall not notify a classroom teacher of the enrollment of the military-connected student pursuant to this section.

SECTION 14. The opening paragraph of Section 3(a) of Chapter 15-D of the General Laws, as appearing in the 2021 official edition, is hereby amended by inserting after the words "the Massachusetts Early Intervention Consortium;" the following words:-

“a provider licensed or certified as a family child care provider by a branch of the United States Department of Defense or by the United States Coast Guard chosen by the commissioner; a representative of a military child development center that is operated by a branch of the United States Department of Defense at which child care services are provided for members of the Armed Forces chosen by the commissioner; the Adjutant General of the Massachusetts National Guard or a designee;”

SECTION 15. The third paragraph of Section 1G of Chapter 15 of the General Laws, as appearing in the 2021 official edition, is hereby amended by striking the words “and 8 of whom shall” and inserting in place thereof the following words: “1 of whom shall be selected from a list of 3 nominees offered by the state council of the Interstate Commission on Educational Opportunity for Military Children; and 7 of whom shall”

SECTION 16. The eighth paragraph of Section 1G of Chapter 15 of the General Laws, as appearing in the 2021 official edition, is hereby amended by inserting after the words “six of whom shall be parents of children with special needs” the following words:-

“and one of whom shall be a parent of a military-connected student with special needs”

SECTION 17. The ninth paragraph of Section 1G of Chapter 15 of the General Laws, as appearing in the 2021 official edition, is hereby amended by inserting after the words “school administrators and officials” the following words:-

“military-connected students,”

SECTION 18. Section 15 of Chapter 33 of the General Laws, as appearing in the 2021 official edition, is hereby amended by adding at the end the following paragraph:-

(j) There shall be a military spouse liaison appointed by the adjutant general who shall conduct outreach to and advocate on behalf of military spouses in the Commonwealth. The duties of the military spouse liaison shall include, but not be limited to, providing assistance and information to military spouses seeking professional licenses and credentials or other employment in the commonwealth; coordinating research on issues facing military spouses and creating informational materials to assist military spouses and their families; examining barriers and provide recommendations to assist spouses in accessing high-quality child care and developing resources in coordination with military installations to increase access to high-quality child care for military families; and developing, in coordination with the division of professional licensure, a common form for military spouses to complete highlighting specific skills, education, and training to help spouses quickly find meaningful employment in relevant economic sectors. The military spouse liaison shall periodically report on the work of the liaison to the relevant standing committees of the legislature and the joint committee on veterans and military affairs and participate in policy development relating to military spouses.

Name:	District/Address:	Date Added:
Thomas M. Stanley	9th Middlesex	1/18/2023
David F. DeCoste	5th Plymouth	1/31/2023
Patrick Joseph Kearney	4th Plymouth	2/16/2023
Shirley B. Arriaga	8th Hampden	9/19/2023