FILED ON: 7/8/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2414

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act creating higher education opportunities for students with intellectual and developmental disabilities.

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.  Section 1 of chapter 15A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 20, the second time it appears, the following word:- “and”.

SECTION 2. Said section 1 of said chapter 15A, as so appearing, is hereby further amended by inserting after the word “levels”, in line 25, the following words:- ; and

(d) to provide inclusive opportunities for individuals with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities to improve academic achievement, employment, independent living and enhance the learning environment for all students.

SECTION 3. Section 7A of said chapter 15A, as so appearing, is hereby amended by striking out, in line 26, the word “and”. 

SECTION 4. Said section 7A of said chapter 15A, as so appearing, is hereby further amended by inserting after the word “sources”, in line 26, the following words:- ; and (10) improving access for students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities.

SECTION 5. Said section 7A of said chapter 15A, as so appearing, is hereby further amended by striking out, in line 86, the word “and”.

SECTION 6. Said section 7A of said chapter 15A, as so appearing, is hereby further amended by inserting after the word “sources”, in line 87, the following words:- ; and (10) to improve access for students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities.

SECTION 7. Said chapter 15A is hereby amended by inserting after section 30 the following section:-

Section 30A. (a) Public institutions of higher education shall offer inclusive opportunities to support individuals with severe intellectual disabilities, autism spectrum disorders or other developmental disabilities in acquiring academic, career, technical and independent living skills in order to prepare for adult life including, but not limited to, gainful employment and civic engagement.

(b) Individuals with severe intellectual disabilities, autism spectrum disorders or other developmental disabilities shall not be required to take a standardized college entrance aptitude test, have a high school diploma or its equivalent, meet minimum academic course requirements, meet minimum grade point average requirements or obtain a passing score on the statewide assessment tests utilized as a basis for competency determinations pursuant to section 1D of chapter 69 in order to enroll in credit-bearing and noncredit-bearing courses that include students without disabilities, including participation in credit-bearing courses in audit status for students who may not meet course prerequisites and requirements, and participation in internships or work-based training in settings with nondisabled students; provided, however, that nothing in this subsection shall require a public institution of higher education to provide course enrollment preferences for individuals with severe intellectual disabilities, autism spectrum disorders or other developmental disabilities.

(c) Students with severe intellectual disabilities, autism spectrum disorders or other developmental disabilities shall be fully included with nondisabled students in all academic and non-academic aspects of life at public institutions of higher education. Individual supports and services, including academic supports, shall be made available to support inclusion in academic courses, extracurricular activities and other aspects of campus life.              

(d) Students eligible to participate in public institutions of higher education pursuant to this section shall be eligible to apply for financial assistance from scholarship programs included in section 16.

(e) The secretary of education and the secretary of health and human services shall develop inter-agency agreements, policies and practices necessary to support the effective collaboration of the department of higher education,  the department of elementary and secondary education,  public institutions of higher education, school committees, the department of developmental services, the Massachusetts rehabilitation commission and other relevant agencies to provide accommodations, supports and services necessary to successfully include students with intellectual disabilities, autism spectrum disorders or other developmental disabilities in higher education including, but not limited to, maximizing federal financial participation through Medicaid and maximizing federal financial aid for this population of students.  The secretary of education and secretary of health and human services shall annually issue a joint report to the senate and house committees on ways and means, the joint committee on education and the joint committee on higher education regarding the development of the inter-agency agreements, policies and practices not later than July 1.

(f) For students ages 18 to 21 years old, inclusive, the costs associated with supporting participation in public institutions of higher education pursuant to this section shall be an approved expense pursuant to section 5 of chapter 71B, provided that a student’s participation in higher education is included in the student’s individualized education program required by section 3 of chapter 71B.

(g) For students older than 21 years of age and for students who are no longer receiving special education services pursuant to chapter 71B, costs associated with supporting participation in public institutions of higher education pursuant to this section shall be an approved expense, subject to appropriation, pursuant to section 74 of chapter 6 and chapter 19B for those individuals who have been accepted as clients pursuant to said section 74 of said chapter 6 and said chapter 19B.

SECTION 8. Chapter 15A, as appearing in the 2014 Official Edition, is hereby amended by inserting, after section 39, the following section:-

Section 39A. Students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities enrolled in public secondary schools may participate in credit-bearing and noncredit-bearing courses in public institutions of higher education that include nondisabled students, including participation in credit-bearing courses in audit status for students who may not meet course prerequisites or requirements, with necessary supports to facilitate the student’s participation and to support inclusion in academic courses, extracurricular activities, internships, work experiences and other aspects of the public institution of higher education’s regular postsecondary program; provided, however, that nothing in this subsection shall require a public institution of higher education to provide course enrollment preferences for individuals with severe intellectual disabilities, autism spectrum disorders or other developmental disabilities.

Students shall not be required to take a standardized college entrance aptitude test, have a high school diploma or its equivalent, meet minimum academic course requirements, meet minimum grade point average requirements or obtain a passing score on the statewide assessment tests utilized as a basis for competency determinations pursuant to section 1D of chapter 69.

SECTION 8A. Chapter 71 of the General Laws is hereby amended by inserting after section 57 the following section:-

Section 57A. (a) For the purposes of this section, “Neurological Learning Disability” shall mean a specific learning disability including, but not limited to, dyslexia, as most recently defined by the National Institute of Health, that is neurological in origin.

(b) The department of elementary and secondary education shall issue guidelines for districts, subject to appropriation, to develop screening procedures or protocols for students who demonstrate 1 or more potential indicators of a neurological learning disability including, but not limited to, dyslexia.

SECTION 9.  Section 2 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out, in line 51, the word “and”.             

SECTION 10. Said section 2 of said chapter 71B, as so appearing, is hereby further amended by inserting after the word “department”, in line 53, the following words:- ; and (12) for older students ages 18 to 21, inclusive, options including continuing education, enrollment in credit and noncredit courses that include students without disabilities in a public institution of higher education, development of independent living skills, development of skills necessary for employment, development of skills to access community services.

SECTION 11. Said chapter 71B of the General Laws is hereby amended by adding the following section:-

Section 17. (a) Subject to appropriation, the executive office of education shall develop and administer a discretionary grant program to provide money to school districts and public institutions of higher education partnering together to offer inclusive concurrent enrollment initiative options for school-aged children, ages 18 to 21, inclusive, with disabilities. The grant program shall be limited to students: (i) who are considered to have severe intellectual disabilities, autism spectrum disorders or other developmental disabilities; and (ii) for students ages 18 to 19, inclusive, with severe disabilities who have been unable to achieve the competency determination necessary to pass the statewide assessment test pursuant to section 1D of chapter 69.

(b) The grant program shall allow school districts to partner with public institutions of higher education and any relevant state or other agency serving students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities including, but not limited to, the department of developmental services, the Massachusetts rehabilitation commission or other vocational rehabilitation agency or organization to support that student’s academic success, participation in student life of the college community and competitive employment. Partnerships shall include: (i) participation in credit-bearing and non-credit courses that include students without disabilities, including participation in credit-bearing courses in audit status for students who may not meet course prerequisites; (ii) participation in on-campus student life activities; (iii) preparation for competitive employment; (iv) the waiver of tuition for courses by the public institution of higher education; (v) the provision of supports and services necessary to facilitate a student’s participation and support inclusion in academic courses, extracurricular activities, internships, work experiences and other aspects of the public institution of higher education’s regular postsecondary program; (vi) training and technical assistance for teachers, faculty and personnel regarding strategy and teaching methodology to achieve successful inclusion of individuals with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities; (vii) that students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities are fully included with nondisabled students in all aspects of higher education including, but not limited to, academic and social activities; and (viii) the utilization of person-centered planning in the development of the course of study for each participating student. Partnerships with institutions of higher education that offer dormitory living may also include opportunities for students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities to live in residential housing offered to nondisabled students with the accommodations, supports and services necessary to enable inclusive dormitory living if it is offered by the public institute of higher education.

(c) The executive office of education, in consultation with the department of elementary and secondary education, the department of higher education and the inclusive concurrent enrollment initiative advisory board shall develop guidelines to implement the grant program.

(d) Subject to appropriation, the executive office of education shall designate an inclusive concurrent enrollment coordinator to manage grant administration and coordinate reporting. The executive office of education shall provide school committees and public institutions of higher education with the contact information for the inclusive concurrent enrollment coordinator.

(e) The inclusive concurrent enrollment coordinator, in consultation with the department of elementary and secondary education, the department of higher education and the inclusive concurrent enrollment advisory board, shall develop strategies and procedures to assist public institutions of higher education in sustaining, expanding and replicating inclusive concurrent enrollment partnerships established through the executive office of education’s discretionary grant program. The executive office of education shall make recommended strategies and procedures to public institutions of higher education publicly available on its website.

Recommended strategies and procedures shall include, but not be limited to:

(i) the provision of available grant funding for partnerships between public institutions of higher education and school committees that have developed inclusive concurrent enrollment programs to sustain existing programs and retain employment specialists to assist students in meeting competitive employment and other transition-related goals;

(ii) identifying procedures and funding mechanisms to ensure that new partnerships providing inclusive concurrent enrollment programs fully utilize the models and expertise developed in existing partnerships to ensure that programs are successful and sustainable;

(iii) the development of methods to encourage existing and new partnerships to expand the capacity of public institutions of higher education to respond to requests for eligible students to participate in inclusive concurrent enrollment initiatives;

(iv) outreach to public institutions of higher education and school committees not currently participating in inclusive concurrent enrollment to encourage those institutions of higher education and school committees to offer inclusive concurrent enrollment opportunities;

(v) ways to address common challenges faced by public institutions of higher education and newly created inclusive concurrent enrollment initiatives and a compilation of best practices to address these challenges;

(vi) recommendations on the integration of students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities into housing offered to nondisabled students with the accommodations, supports and services necessary to enable inclusive dormitory living if the public institution of higher education chooses to offer residential housing; and

(vii) the development of partnerships between public institutions of higher education and businesses to facilitate internship and employment opportunities for students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities.

(f) The executive office of education shall establish an inclusive concurrent enrollment advisory board to advise the executive office of education on efforts to implement inclusive concurrent enrollment and to participate in educational outreach efforts related to inclusive concurrent enrollment. The inclusive concurrent enrollment advisory board shall include the following members or their designees:the inclusive concurrent enrollment coordinator , who shall serve as chair; the secretary of education, the commissioner of higher education; the commissioner of elementary and secondary education; the commissioner of developmental services; the commissioner of the Massachusetts rehabilitation commission; a representative of Massachusetts Advocates for Children, Inc.; a representative of The Federation for Students with Special Needs, Inc.; a representative of the Institute for Community Inclusion; at least 2 representatives of school districts and public institutions of higher education that have successfully implemented inclusive concurrent enrollment initiatives, to be appointed by the chair; and 2 students who are participating or have participated in an inclusive concurrent enrollment program, to be appointed by the chair. The inclusive concurrent enrollment advisory board shall meet at least quarterly. Members of the advisory board shall serve without compensation.

(g) The executive office of education shall annually select grant recipients not later than July 15.

(h) The executive office of education, in consultation with the department of elementary and secondary education and the department of higher education, shall annually post a report online on the status of the grant program not later than March 15. The report shall include, but not be limited to, the following components:

(i) data detailing the number of students enrolled in the inclusive concurrent enrollment initiative each semester and the unduplicated count of total students served at each public institution of higher education;

(ii) a list of all full-time and part-time employment positions supported by the grant program that are dedicated to supporting students with severe disabilities, autism spectrum disorder and other developmental disabilities through the inclusive concurrent enrollment initiative and the average salary for those positions including, but not limited to: (1) educational coaches; (2) educational specialists; (3) job coaches and vocational specialists; (4) program specialists; (5) program directors; (6) peer mentors, note-takers and tutors; (7) contracted employees; and (8) parent and school committee liaisons;

(iii) a list of courses taken by students participating in the inclusive concurrent enrollment initiative during the academic year and if the student enrolled in the course for credit or in audit status and whether the student passed or completed the course;

(iv) a summary of innovative strategies and practices implemented at each public institution of higher education with school committees or eligible students;

(v) employment data for students and graduates, obtained to the best of the ability of the school district, the public institution of higher education and the executive office of education;

(vi) a report detailing the amount of grant funds allocated to each public institution of higher education in the planning and implementation phases, the amount allocated to the department of elementary and secondary education and the department of higher education and the amount allocated to the executive office of education; and

(vii) a report detailing the impacts and benefits of this program to institutions of higher education and the students enrolled.

SECTION 11A. Subsection (a) of section 1 of chapter 287 of the acts of 2012 is hereby amended by inserting after the second sentence the following sentence:-“The secretary shall appoint 1 member to the panel who represents or is a member of a dyslexia advocacy organization.

SECTION 11B. Said section 1 of said chapter 287 is hereby further amended by inserting after the word “assessments”, in line 40, the following words:- , identification of neurological learning disabilities including, but not limited to, dyslexia.

SECTION 11C. Clause (5) of subsection (b) of said section 1 of said chapter 287 is hereby amended by striking out, in line 3, the following word:- and.

SECTION 11D.  Said subsection (b) of said section 1 of said chapter 287 is hereby further amended by striking out clause (6) and inserting in place thereof the following 2 clauses:-

(6) action steps to implement the research-based recommendations contained in reports written by experts in early language and literacy development; and

(7) action steps to implement the research-based recommendations including, but not limited to, student screening and teacher preparation methods contained in reports written by experts in early language and literacy development with respect to reading disabilities including, but not limited to, dyslexia.

SECTION 12. Not later than July 1, 2017, the board of higher education, in consultation with an inclusive concurrent enrollment advisory board, shall provide guidance for including students with severe intellectual disabilities, autism spectrum disorders and other developmental disabilities in the residence life of public institutions of higher education, such as accommodations, supports and services necessary to enable inclusive dormitory living.

SECTION 12A.  There shall be a commission to study and advise the general court and the executive branch on best practices for creating and implementing a statewide work-study and internship and scholarship program for students with intellectual and developmental disabilities who participate in higher education through inclusive concurrent enrollment.

The commission shall include the following members or their designees: the senate and house chairs of the joint committee on higher education, who shall serve as co-chairs; the secretary of labor and workforce development; the secretary of education; the commissioner of the Massachusetts rehabilitation commission; the commissioner of developmental services; the executive director of The Arc of Massachusetts, Inc.; the executive director of the commonwealth corporation; a representative of Massachusetts Advocates for Children, Inc.; the dean of the school of global inclusion and social development at the University of Massachusetts at Boston; a representative of The New England Council, Inc.; a representative from Jewish Vocational Services; and a representative of the Massachusetts statewide independent living council. Members of the commission shall serve without compensation. The commission may consult with the inclusive concurrent enrollment board. The commission shall meet at least bi-monthly and shall develop and submit to the senate and house chairs of the joint committee on higher education and the joint committee on labor and workforce development a report of its findings and recommended strategies for implementation not later than December 31, 2017.

SECTION 12B.  Notwithstanding any general or special law to the contrary, students enrolled in the inclusive concurrent enrollment program shall be required to follow the institution of higher education's student conduct manual and the institution of higher education shall provide reasonable accommodations for such students and provide the conduct manual to students in a manner that is fully accessible.

SECTION 13. The executive office of education shall promulgate guidelines pursuant to section 17 of chapter 71B of the General Laws not later than July 1, 2017.

SECTION 14. This act shall take effect on July 1, 2017.