Amendment 1

FILED ON: 7/27/2020

SENATE . . . . . . . . . . . . . . No. 2844

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act creating higher education opportunities for students with intellectual disabilities, autism, and other 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 2018 Official Edition, is hereby amended by inserting after the word “opportunities”, in line 14, the following words:- , including individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities.

SECTION 2. Said section 1 of said chapter 15A of the General Laws, as so appearing, is hereby further amended by striking out, in line 23, the word “and” the second time it appears.

SECTION 3. Said section 1 of said chapter 15A of the General Laws, as so appearing, is hereby further amended by striking out, in line 28, the word “levels.” and inserting in place thereof the following words:- levels; and.

SECTION 4. The third paragraph of said section 1 of said chapter 15A, as so appearing, is hereby amended by adding the following clause:-

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

SECTION 5. The fourth paragraph of section 7 of said chapter 15A, as so appearing, is hereby amended by inserting after the word “students”, in line 35, the following words:- and students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities.

SECTION 6. The second sentence of subsection (b) of section 7A of said chapter 15A, as so appearing, is hereby amended by striking out clauses (8) and (9) and inserting in place thereof the following 3 clauses:- (8) supporting early childhood to grade 12 education programs; (9) maximizing fundraising from private sources; and (10) improving access for students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities.

SECTION 7. The second sentence of subsection (i) of said section 7A of said chapter 15A, as so appearing, is hereby amended by striking out clauses (8) and (9) and inserting in place thereof the following 3 clauses:- (8) to ensure cost-effective use of resources; (9) to maximize fundraising from private sources; and (10) to improve access for students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities.

SECTION 8. Said chapter 15A is hereby further amended by inserting after section 30 the following section:-

Section 30A. (a) In order to ensure that individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities have opportunities to be included in all aspects of higher education for the purpose of gaining academic, career, technical and independent living skills to prepare them for adult life, including, but not limited to, employment and civic engagement, such individuals shall not be required to: (i) take any standardized college entrance aptitude test; (ii) have a high school diploma or its equivalent; (iii) meet minimum academic course requirements; (iv) meet minimum grade point average requirements; or (v) obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under section 1D of chapter 69, in order to participate in undergraduate academic courses, internships and work-based trainings, extracurricular activities and all other aspects of campus life in accordance with this section.

(b) Public institutions of higher education, in consultation with the department of higher education and consistent with the purposes of this section, may create guidelines to select students participating in higher education pursuant to this section, including, but not limited to, guidelines to determine campus capacity and to coordinate selection of students with relevant local, state or other public agencies serving students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities; provided, however, that these individuals shall not be denied opportunities to participate in higher education solely due to their intellectual disability, autism spectrum disorders or developmental disability. Public institutions of higher education, in consultation with the department of higher education and consistent with the purposes of this section, may also establish course selection guidelines to help ensure that participating individuals receive guidance in selecting courses that are appropriate to their individual strengths, needs, preferences and interests. Participating individuals shall be permitted to: (i) take a credit-bearing, undergraduate academic course for credit if they have met the course prerequisites and requirements; or (ii) audit a credit-bearing, undergraduate academic course, consistent with campus policies governing selection of students for audit participation, if they have not met the course prerequisites and requirements.

Nothing in this section shall require a public institution of higher education to provide course enrollment or audit preference for students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities, relative to other persons seeking to enroll or audit a course. Nothing in this section shall require a public institution of higher education to include students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities in graduate and continuing education courses.

(c) Individuals participating in higher education pursuant to subsection (a) shall have access to and be included in all academic and non-academic opportunities at public institutions of higher education to have inclusive educational opportunities to acquire academic, career, technical and independent living skills that prepare them for adult life including, but not limited to, employment and civic engagement. Individual supports and services shall be made available to support inclusion in academic courses, extracurricular activities and other aspects of campus life; provided, however, that nothing in this subsection shall supersede subsections (b) and (d).

(d) Public institutions of higher education shall not be required to bear the costs of individual supports and services that exceed the kind of supports and services generally provided by public institutions of higher education. Costs associated with supporting participation in public institutions of higher education under this section shall be: (i) an approved expense as a special education service pursuant to section 5 of chapter 71B and shall be considered secondary school education; provided, however, that a student’s participation in higher education is addressed in the student’s Individualized Education Program under section 3 of said chapter 71B for students ages 18 to 21 years old, inclusive; provided further, that such student is considered to have a severe intellectual disability, a severe autism spectrum disorder or other severe developmental disability; provided further, that in the case of students who are age 18 or 19, participation shall be limited to students with a severe intellectual disability, a severe autism spectrum disorder or other severe developmental disability who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under section 1D of chapter 69; provided further, that in the case of students ages 20 or 21, participation shall be limited to students with a severe intellectual disability, a severe autism spectrum disorder or other severe developmental disability who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determinations, under said section 1D of said chapter 69 or who have already been determined eligible for special education and have also been determined by the Individualized Education Program team to have severe functional delays impacting independent living, communication or behavioral skills resulting in skills that are significantly below chronological age; and provided further, that nothing in this section shall impose an additional cost on a school committee beyond the cost of what is required under state or federal special education law; (ii) subject to the availability of federal funding and appropriation provided under section 74 of chapter 6 for individuals who are determined eligible for vocational rehabilitation services; provided, however, that access to higher education assists in the attainment of an identified employment goal, as determined by the agency, consistent with all applicable regulations and subject to the development of an Individualized Plan for Employment; (iii) subject to appropriation under chapter 19B for individuals 22 years of age or older who are determined eligible for services; provided, however, that the individual supports and services are determined to be an appropriate support, of the type, frequency and duration identified in an assessment conducted by the department, and subject to the development of an annual individual support plan. Costs of participation may be covered by any other public or private sources available to the student.

(e) Participating individuals under this section shall be required to follow the public institution of higher education’s student behavioral policies, including the student code of conduct, antidiscrimination and sexual violence policies; provided, however, that the public institution of higher education shall provide such policies in accessible formats and shall provide reasonable accommodations for participating individuals in any process instituted thereunder.

(f) Nothing in this section shall be construed to impose any liability against any school district or any public institution of higher education, including trustees, officers, administrators or employees of the school district or public institution of higher education.

(g) Nothing in this section shall be construed as creating or imposing a specific duty of care, nor shall this section create or impose a private right of action against any school district or any public institution of higher education, including trustees, officers, administrators or employees of a school district or public institution of higher education.

SECTION 9. Section 2 of chapter 71B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-

Students who are 18 to 21 years old, inclusive, have severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities and are receiving special education services may also have program options including, but not limited to, continuing education, participation in credit and noncredit courses that include students without disabilities in an institution of higher education, development of independent living skills, development of skills necessary for employment and development of skills to access community services. Participation of such students in institutions of higher education under this section shall be considered an approved expense as a special education service pursuant to section 5 and shall be considered secondary school education; provided, however, that this service is addressed in the student's Individualized Education Program.

SECTION 10. Said chapter 71B is hereby amended by adding the following section:-

Section 17. (a) Subject to appropriation, the department of higher education shall develop and administer a discretionary grant program, which shall include planning or implementation grants, to provide monies to school committees and public institutions of higher education partnering to offer inclusive concurrent enrollment initiative options for school-aged children who are 18 to 21 years old, inclusive, and are considered to have severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities. The program shall be limited: (i) for students who are 18 or 19 years old, to students with a severe intellectual disability, a severe autism spectrum disorder or other severe developmental disability who have been unable to achieve the competency determination necessary to pass the statewide assessment test pursuant to section 1D of chapter 69; and (ii) for students who are 20 or 21 years old, to students with severe disabilities who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under said section 1D of said chapter 69 or have been determined by the Individualized Education Program team to have severe functional delays impacting independent living, communication or behavioral skills resulting in skills that are significantly below chronological age; provided, however, that public institutions of higher education may also include students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities over the age of 21 who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under said section 1D of said chapter 69.

(b) The grant program shall enable school committees to partner with public institutions of higher education in order to assist in meeting the transitional needs of eligible students pursuant to subsection (a), which shall include facilitating movement from school to post-school activities and competitive employment. The grant program shall be based on a results-oriented process focused on improving academic and functional achievement in accordance with the federal Individuals with Disabilities Education Act.

(c) The grant program shall support participation of any relevant state or other agency serving students with severe intellectual disabilities, severe autism spectrum disorders or other severe 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 student academic success, participation in student life of the college community and competitive employment.

(d) The grant program shall support partnerships that provide: (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 institution’s postsecondary program; (vi) education, training and technical assistance for teachers, faculty and personnel regarding strategy and teaching methodology to achieve successful inclusion of individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities; (vii) full inclusion of students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities 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, severe autism spectrum disorders or other severe developmental disabilities to live in residential housing.

(e) The department of higher education shall establish an inclusive concurrent enrollment advisory board to advise the department 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, who shall serve without compensation: 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 the Massachusetts Administrators for Special Education; a representative of the Massachusetts Association of School Committees, Inc.; a representative of the Massachusetts Association of School Superintendents, Inc.; a representative of Massachusetts Advocates for Children, Inc.; a representative of the Federation for Children with Special Needs, Inc.; a representative of the Institute for Community Inclusion; not less than 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 not less than quarterly. If an inclusive concurrent enrollment coordinator is not designated pursuant to subjection (f), the commission of the department of higher education shall select another chair.

(f) Subject to appropriation, the department of higher education shall designate an inclusive concurrent enrollment coordinator to manage grant administration and coordinate reporting.

(g) Annually, not later than December 1, the executive office of education shall file a report with the joint committee on education, the joint committee on higher education and the house and senate committees on ways and means on the status of the inclusive concurrent enrollment grant program established pursuant to subsection (a). The report shall include, but not be limited to:

(i) enrollment data detailing the number of students enrolled in inclusive concurrent enrollment each semester and the unduplicated count of total students served at each 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 participating in the inclusive concurrent enrollment program and the average salary for those positions including, but not limited to: (A) educational coaches; (B) educational specialists; (C) job coaches and vocational specialists; (D) program specialists; (E) program directors; (F) peer mentors, note-takers and tutors; (G) contracted employees and; (H) parent and school committee liaisons;

(iii) a list of all courses taken by students participating in the inclusive concurrent enrollment program during the academic year indicating whether the student participated in the course for credit or for audit and whether the student passed or completed the course;

(iv) a summary of innovative strategies and practices implemented at each institution of higher education that helped foster relationships with school committees;

(v) employment data for students participating in the inclusive concurrent enrollment program, obtained to the best of the ability of participating school committees and institutions of higher education; and

(vi) the total funding received for the program, including amounts allocated to each grantee and any executive agency or participating state board, department or institute of higher education.

SECTION 11. The secretary of education and the secretary of health and human services shall, as necessary, develop inter-agency agreements, policies and practices with 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 in order to maximize federal financial participation through Medicaid, maximize federal financial aid, support institutions of higher education offering opportunities to include individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities who are more than 22 years old pursuant to section 30A of chapter 15A of the General Laws or section 17 of chapter 71B of the General Laws and address any other issues necessary for successful inclusion of students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities in higher education.

SECTION 12. The department of higher education and the department of elementary and secondary education, in consultation with the inclusive concurrent enrollment initiative advisory board, the executive officer of the Council of Presidents of the Massachusetts State University System or a designee, the president of the University of Massachusetts or a designee and the executive director of Massachusetts Community Colleges Executive Office or a designee shall issue guidelines to implement section 17 of chapter 71B of the General Laws not later than March 15, 2022.

SECTION 13. Sections 8 to 10, inclusive, shall take effect on August 1, 2021.