Amendment #255 to H.5562

Amendment #255 to H5562

DSLO Priorities

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

"SECTION XXXX. Chapter 1 of the General Laws is hereby amended by striking out section 2, as appearing in the 2024 Official Edition, and inserting in place thereof the following section:- 

Section 2. (a) The sovereignty and jurisdiction of the commonwealth shall extend to all places within its boundaries subject to the concurrent jurisdiction granted over places ceded to or acquired by the United States. 

(b) The jurisdiction of a court shall be deemed concurrent with that of a federal court sitting in the commonwealth over proceedings involving a violation of federal law committed by a minor on a military installation of the United States Department of Defense if: (i) the United States Attorney or the federal court waives exclusive jurisdiction; and (ii) the violation of federal law is a crime under state law.

SECTION XXXX. Said chapter 1 is hereby further amended by striking out section 7A, as so appearing, and inserting in place thereof the following section:- 

Section 7A. (a) The governor, if he finds that the public interest will benefit thereby, may accept on behalf of the commonwealth retrocession of all or part of the legislative jurisdiction over property within the commonwealth over which such jurisdiction has been ceded to the United States by the commonwealth. Such acceptance of retrocession shall take effect in each case upon the written acceptance by the governor of a notice of retrocession signed by the duly authorized officer or agent of the United States having supervision and control over the property being retroceded. A copy of the notice of retrocession and the written acceptance thereof shall be filed with the state secretary and the city or town clerk of the city or town in which the affected property is located, and in the case of property located in more than one city or town, with the clerk of each municipality in which the property is located. 

(b) If the United States or its delegee sends a written request for the transfer of jurisdiction from the United States to the commonwealth for all juvenile matters occurring: (i) on a military installation located in the commonwealth or; (ii) within a portion of a military installation located in the commonwealth and property boundaries of such portion are clearly identified in said written request, the governor shall: (A) transmit a written reply to the United States or its delegee accepting the proposed transfer of jurisdiction request; and (B) file an authenticated copy of said written request with the secretary of state and the select board of the town or mayor of the city in which the military installation is located. For the purpose of this section, “military installation” shall have the same meaning as prescribed by section 1 of chapter 15E. 

SECTION XXXX. Section 98 of Chapter 41 of the General Laws is hereby amended by adding the following paragraph:- 

It shall be the responsibility of any police officer to ascertain whether a military protective order registered in the Federal Bureau of Investigation's National Crime Information Center database has been issued against any person subject to arrest who is a member of, or otherwise associated with, the armed forces of the United States. The police officer shall notify the law enforcement agency which entered the military protective order into the National Crime Information Center database that the law enforcement officer has probable cause to believe the service member has violated the military protective order. 

SECTION XXXX. Section 98G of said Chapter 41 is hereby amended by adding the following paragraph:- 

SECTION XXXX. Section 6B of chapter 71 of the General Laws is hereby amended by adding the following subsection:- 

(c) If the enrolling military-connected student is transferring with a section 504 plan pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, an individualized family service plan as defined in 20 U.S.C. 1436 or an individualized education program under 20 U.S.C. 1401, the receiving school district shall take all reasonable steps including, but not limited to, obtaining records and any prior evaluations to provide services comparable to those described in the student’s section 504 plan, individualized family service plan or individualized education program from the student’s previous school district. If the receiving school district determines that a new evaluation is necessary to determine continued eligibility or services or a parent or another person concerned with the student’s development requests an evaluation, the receiving school district shall immediately provide written notice to the parents and such reevaluation shall occur not less than 30 school days after receipt of parental consent for evaluation. 

SECTION XXXX. Section 2A of Chapter 71B of the General Laws is hereby amended by adding the following subsection: 

(f) Witness fees incurred by parents, who are members of the Armed Forces, in due process hearings shall be reimbursed by the local school district if the hearing officer finds in favor of said parent. 

SECTION XXXX. Said Chapter 71B of the General Laws is hereby amended by adding the following section after Section 3A: 

Section 3B. Notwithstanding any provision of this Chapter, the school district shall have the burden of proof, including the burden of persuasion and production, whenever it is a party to a due process hearing regarding the identification, evaluation, reevaluation, classification, educational placement, disciplinary action, or provision of a free appropriate public education for a military-connected student with a disability. 

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

Section 12D. (a) A military-connected student as defined under subsection (a) of section 6B of chapter 71 shall be eligible to remain enrolled in their school of origin despite a change of residence if: (i) at least 1parent or guardian of the student has a department of defense-issued identification card; and (ii) at least 1 parent or guardian provides evidence that such parent or guardian is on active duty, or will be on active duty status or active duty orders, which shall include the temporary transfer of such parent or guardian in compliance with official orders to another location in support of combat, contingency operation or a natural disaster requiring the use of orders for not less than 30 consecutive days or (iii) the parent provides proof of change of residence from temporary to permanent housing.  For the purposes of this section, “school of origin” shall mean the school in which the student was enrolled prior to their parent’s or guardian’s relocation as described in this section. 

(b) Notwithstanding any other provision of this chapter, a school district of residence shall not prohibit the transfer of a military-connected student. 

(c) A military-connected student who transfers pursuant to this section may remain at the school of origin until the student completes the highest grade level at the school of origin; provided, however, that notwithstanding any other general or special law to the contrary, the district or school of origin shall not be required to provide transportation to a military-connected student who continues to be enrolled in the school of origin following a change in residency. 

SECTION XXXX. Section 1 of chapter 209A, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Law officer” the following definition:- 

"Military protective order'', an order issued against a current member of United States Armed Forces, the Massachusetts National Guard or the national guard of another state or territory by the member’s commanding officer, on a form prescribed by the United States Department of Defense. 

SECTION XXXX. Section 4 of said Chapter 209A is hereby amended by adding the following paragraph:- 

Military protective orders shall be admissible evidence in proceedings under this chapter to establish a relevant pattern or course of conduct upon a plaintiff filing a complaint for temporary orders. 