Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3886 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2140 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3886
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Thomas M. Stanley
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to enhance access, inclusion, support and equity for military connected families.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Thomas M. Stanley9th Middlesex1/15/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2140 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3886
18	18	By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 3886) of
19	19	Thomas M. Stanley relative to support for military connected families. Veterans and Federal
20	20	Affairs.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to enhance access, inclusion, support and equity for military connected families.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 1 of the General Laws is hereby amended by striking out Section 2
30	30	2and inserting in place thereof the following section:-
31	31	3 Section 2. (a) The sovereignty and jurisdiction of the commonwealth shall extend to all
32	32	4places within its boundaries subject to the concurrent jurisdiction granted over places ceded to or
33	33	5acquired by the United States.
34	34	6 (b) The jurisdiction of the court shall be deemed concurrent with that of a federal court
35	35	7sitting in the state over proceedings involving a violation of federal law committed by a child on
36	36	8a military installation of the United States Department of Defense if:
37	37	9 (1) The United States Attorney, or the federal court waives exclusive jurisdiction; and
38	38	10 (2) The Violation of federal law is also a crime under state law. 2 of 6
39	39	11 SECTION 2. Said Chapter 1 of the General Laws is hereby amended by striking out
40	40	12section 7A and inserting in place thereof the following section:-
41	41	13 Section 7A. (a) The governor, if he finds that the public interest will benefit thereby, may
42	42	14accept on behalf of the commonwealth retrocession of all or part of the legislative jurisdiction
43	43	15over property within the commonwealth over which such jurisdiction has been ceded to the
44	44	16United States by the commonwealth. Such acceptance of retrocession shall take effect in each
45	45	17case upon the written acceptance by the governor of a notice of retrocession signed by the duly
46	46	18authorized officer or agent of the United States having supervision and control over the property
47	47	19being retroceded. A copy of the notice of retrocession and the written acceptance thereof shall be
48	48	20filed with the state secretary and the city or town clerk of the city or town in which the affected
49	49	21property is located, and in the case of property located in more than one city or town, with the
50	50	22clerk of each municipality in which the property is located.
51	51	23 (b). The United States or its delegee shall send a written request for the transfer of
52	52	24jurisdiction from the United States to the state for all juvenile matters occurring on a military
53	53	25installation as defined in Section 1 of Chapter 15E of the General Laws or portion of a military
54	54	26installation. The metes and bounds shall be clearly identified in said written request.
55	55	27 (c) The Governor shall transmit a written reply to the United States or its delegee,
56	56	28accepting the proposed transfer of jurisdiction request pursuant to subsection (b).
57	57	29 (d) The Governor shall cause a duly authenticated copy of the United States' request
58	58	30pursuant to subsection (b), the Governor's acceptance pursuant to subsection (c), and the metes
59	59	31and bounds of the military installation or portion of the military installation to be filed together 3 of 6
60	60	32with the state secretary and the chief executive officer or the chief administrative officer of the
61	61	33municipality in which the military installation is located.
62	62	34 SECTION 3. Section 98 of Chapter 41 of the General Laws is hereby amended by adding
63	63	35the following paragraph:-
64	64	36 It shall be the responsibility of any police officer to ascertain whether a military
65	65	37protective order registered in the Federal Bureau of Investigation's National Crime Information
66	66	38Center database has been issued against any person subject to arrest who is a member of, or
67	67	39otherwise associated with, the armed forces of the United States. The police officer shall notify
68	68	40the law enforcement agency which entered the military protective order into the National Crime
69	69	41Information Center database that the law enforcement officer has probable cause to believe the
70	70	42service member has violated the military protective order.
71	71	43 SECTION 4. Section 98G of said Chapter 41 is hereby amended by adding the following
72	72	44paragraph:-
73	73	45 It shall be the responsibility of any police officer to ascertain whether a military
74	74	46protective order registered in the Federal Bureau of Investigation's National Crime Information
75	75	47Center database has been issued against any person subject to arrest who is a member of, or
76	76	48otherwise associated with, the armed forces of the United States. The police officer shall notify
77	77	49the law enforcement agency which entered the military protective order into the National Crime
78	78	50Information Center database that the law enforcement officer has probable cause to believe the
79	79	51service member has violated the military protective order.
80	80	52 SECTION 5. Section 6B of Chapter 71 of the General Laws is hereby amended by adding
81	81	53the following subsection: 4 of 6
82	82	54 (c) If the enrolling military-connected student is transferring with a Section 504 plan, an
83	83	55individualized family service program , or an individualized education program as defined in 20
84	84	56USC § 1401 (14), the local school district shall take the necessary steps including, but not limited
85	85	57to, the transfer of records and any prior evaluations, the performance of reevaluations, if
86	86	58necessary, and meetings to ensure that comparable services are in place when the military-
87	87	59connected student arrives in this state. If a reevaluation is deemed necessary, the reevaluation
88	88	60shall occur within 30 calendar days after the date of arrival, subject to the informed parental
89	89	61consent of the parent or legal guardian as provided by rule of the Board of Special Education
90	90	62Appeals.
91	91	63 SECTION 6. Section 2A of Chapter 71B of the General Laws is hereby amended by
92	92	64adding the following subsection:
93	93	65 (f) Witness fees incurred by parents, who are members of the Armed Forces, in due
94	94	66process hearings shall be reimbursed by the local school district if the hearing officer finds in
95	95	67favor of said parent.
96	96	68 SECTION 7. Said Chapter 71B of the General Laws is hereby amended by adding the
97	97	69following section after Section 3A:
98	98	70 Section 3B. Notwithstanding any provision of this Chapter, the school district shall have
99	99	71the burden of proof, including the burden of persuasion and production, whenever it is a party to
100	100	72a due process hearing regarding the identification, evaluation, reevaluation, classification,
101	101	73educational placement, disciplinary action, or provision of a free appropriate public education for
102	102	74a military-connected student with a disability. 5 of 6
103	103	75 SECTION 8. Chapter 76 of the General Laws is hereby amended by adding the following
104	104	76section:
105	105	77 Section 12d. (a) a military-connected student as defined in Section 6B(a) of Chapter
106	106	7871shall be eligible for admission to the school district of their choice regardless of the capacity of
107	107	79the district if: (i) At least one parent of the student has a department of defense-issued
108	108	80identification card; and (ii) At least one parent can provide evidence that he or she will be on
109	109	81active duty status or active duty orders, meaning the parent will be temporarily transferred in
110	110	82compliance with official orders to another location in support of combat, contingency operation,
111	111	83or a natural disaster requiring the use of orders for more than thirty (30) consecutive days.
112	112	84 (b) notwithstanding any other provision of this chapter, a school district of residence shall
113	113	85not prohibit the transfer of a military-connected student.
114	114	86 (c) for purposes of continuity of education, a military-connected student who transfers
115	115	87pursuant to this section may remain at the school chosen by the parent until the student
116	116	88completes the highest grade level at the school.
117	117	89 SECTION 9. Section 1 of Chapter 209A is hereby amended by inserting after the
118	118	90definition of “law officer” the following definition:-
119	119	91 "Military Protective Order'', an order issued against a current member of United States
120	120	92Armed Forces, the Massachusetts National Guard, or the national guard of another state or
121	121	93territory by the defendant’s commanding officer, on a form prescribed by the United States
122	122	94Department of Defense. 6 of 6
123	123	95 SECTION 10. Section 4 of said Chapter 209A is hereby amended by adding the
124	124	96following paragraph:-
125	125	97 Military protective orders shall be admissible evidence in proceedings under this chapter
126	126	98to establish a relevant pattern or course of conduct upon a plaintiff filing a complaint for
127	127	99temporary orders.