Amendment #22 to H4661

Anti-Discrimination Protections for Military-Connected Students

Mr. Stanley of Waltham moves to amend the bill by adding the following sections:

"SECTION XXXX. Section 1 of Chapter 151C 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 XXXX. Paragraph (a) of Section 2 of Chapter 151C 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 XXXX. Section 2 of Chapter 151C 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 XXXX. The General Laws are hereby amended by inserting after chapter 71B the following chapter:

CHAPTER 71C.

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. (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.