SENATE DOCKET, NO. 15        FILED ON: 1/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 321

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Diana DiZoglio

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to school services for certain 22 year-old students.

_______________

PETITION OF:

SENATE DOCKET, NO. 15        FILED ON: 1/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 321

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 271 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to school services for certain 22 year-old students.

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 12A of Chapter 71B of the General Laws, as appearing in the  2014 Official Edition, is hereby amended by striking out, in line 1, the figure “twelve C” and inserting in place thereof the following figure:- 12D.

SECTION 2. Said section 12A of said Chapter 71B, as so appearing, is hereby further amended by striking out the definition of “Disabled person” and inserting in place thereof the following 2 definitions:-

“Age 22” or “age of 22”, a person with a disability’s twenty-second birthday or the last day of the school year during which said person’s twenty-second birthday occurs, whichever said person or, if a court of competent jurisdiction has granted guardianship, the student’s parent or guardian elects.

“Disabled person” or “person with a disability”, a person who is unable to engage in substantial gainful activity by reason of medically determinable physical or mental impairment which can be expected to result in death or be of at least 12 months' duration; provided, however, that such impairment is of such severity that such individual is unable to do the individual's previous work, if any, and, considering the individual's age, education, and work experience, cannot engage in substantial gainful activity.

SECTION 3. Said Chapter 71B is hereby further amended by inserting after Section 12C the following section:-

Section 12D. A person with a disability or, if a court of competent jurisdiction has granted guardianship, the student’s parent or guardian may elect to continue receiving special education for the remainder of the school year in which said person’s twenty-second birthday occurs.