Amendment #748 to H4200

Higher Education for Students with Intellectual Disabilities

Representatives Sannicandro of Ashland, Ashe of Longmeadow, Balser of Newton, Benson of Lunenburg, Cantwell of Marshfield, Cariddi of North Adams, Coppinger of Boston, Cullinane of Boston, Cusack of Braintree, Cutler of Duxbury, Rogers of Cambridge, Decker of Cambridge, Devers of Lawrence, DiZoglio of Methuen, Dwyer of Woburn, Dykema of Holliston, Moran of Lawrence, Ferguson of Holden, Garballey of Arlington, Gentile of Sudbury, Gifford of Wareham, Gonzalez of Springfield, Gordon of Bedford, Gregoire of Marlborough, Hecht of Watertown, Hunt of Boston, Murphy of Weymouth, Kane of Shrewsbury, Keefe of Worcester, Khan of Newton, Lawn of Watertown, Linsky of Natick, Lyons of Andover, Madaro of Boston, Madden of Nantucket, Moran of Boston, O'Day of West Boylston, Provost of Somerville, Puppolo of Springfield, Schmid of Westport, Scibak of South Hadley, Smizik of Brookline, Toomey of Cambridge, Tosado of Springfield, Vega of Holyoke, Vincent of Revere and Walsh of Framingham move that the bill be amended by inserting the following section:-

SECTION XX. Chapter 15A of the General Laws, as appearing in the 2014 Official Edition, 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 who are seeking to gain academic, career and 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 any 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 of the General Laws, in order to enroll in credit-bearing and noncredit-bearing courses that include students without disabilities, including enrollment 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.

(c) Students with severe intellectual disabilities, autism spectrum disorders, or other developmental disabilities shall be meaningfully included with nondisabled students in all aspects of higher education, including but not limited to academic and social activities, with provision of individual supports and services, including academic supports available to students with and without disabilities, to support inclusion in academic courses, extracurricular activities and other aspects of campus life in public institutions of higher education.

(d) Students eligible to participate in public institutions of higher education pursuant to this section shall be eligible to receive financial assistance from scholarship programs included in section 16 of chapter 15A of the General Laws, provided that determination of satisfactory academic progress of said students shall be made based on whether the student is gaining the academic, career, technical, social or independent living skills necessary to prepare for adult life including but not limited to gainful employment and civic engagement.

(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 public institutions of higher education, school committees, the department of developmental services, the Massachusetts Rehabilitation Commission, and other human service agencies in order to provide 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 issue a joint report to the house and senate committees on ways and means, the joint committee on education, and the joint committee on higher education regarding the development of said agreements, policies, and practices no later than the end of each fiscal year.

(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 under section 5 of chapter 71B of the General Laws, provided that a student’s participation in higher education is addressed in the student's Individualized Education Program required by section 3 of chapter 71B of the General Laws. For students older than 21 and for students who are no longer receiving special education services pursuant to chapter 71B of the General Laws, the costs associated with supporting participation in public institutions of higher education pursuant to this section shall be an approved expense under section 74 of chapter 6 of the General Laws and under chapter 19B of the General Laws.

Additional co-sponsor(s) added to Amendment #748 to H4200

Higher Education for Students with Intellectual Disabilities