§ 47 — Blind persons; examinations; temporary appointment of persons with an intellectual disability

Section 47. Upon application by a blind person to take an examination for any position the duties of which he may properly perform, the administrator, upon written request of such person, shall make such provisions as will enable such person to take such examination.[ Second paragraph effective until September 12, 2024. For text effective September 12, 2024, see below.]Notwithstanding any other provision of this chapter, an appointing authority may, after giving written notice to the administrator, make a temporary appointment of a person with an intellectual disability to a civil service position, provided that the appointing authority shall secure and maintain on file a certificate from the Massachusetts rehabilitation commission that such person has an intellectual disability and that such commission approves such employment of such person. The appointing authority shall also maintain a record of the following:(1) the specific title and duties to be assigned to such person with an intellectual disability and the title of his immediate supervisor;(2) a certificate from the Massachusetts rehabilitation commission that the person with an intellectual disability: (a) can satisfactorily perform the duties of the position, (b) is qualified to do the work without hazard to himself or to others, and (c) is socially competent to maintain himself in a work environment;(3) a statement that it will fully utilize the services of the Massachusetts rehabilitation commission for assistance to the employee's immediate supervisor in the training and supervision of the employee and for post-placement counseling of the employee;(4) a statement that it will not terminate the person with an intellectual disability's employment without prior notification to the Massachusetts rehabilitation commission.[ Second paragraph as amended by 2024, 205, Sec. 60 effective September 12, 2024. For text effective until September 12, 2024, see above.]Notwithstanding any other provision of this chapter, an appointing authority may, after giving written notice to the administrator, make a temporary appointment of a person with an intellectual disability to a civil service position, provided that the appointing authority shall secure and maintain on file a certificate from MassAbility that such person has an intellectual disability and that such commission approves such employment of such person. The appointing authority shall also maintain a record of the following:(1) the specific title and duties to be assigned to such person with an intellectual disability and the title of his immediate supervisor;(2) a certificate from MassAbility that the person with an intellectual disability: (a) can satisfactorily perform the duties of the position, (b) is qualified to do the work without hazard to himself or to others, and (c) is socially competent to maintain himself in a work environment;(3) a statement that it will fully utilize the services of MassAbility for assistance to the employee's immediate supervisor in the training and supervision of the employee and for post-placement counseling of the employee;(4) a statement that it will not terminate the person with an intellectual disability's employment without prior notification to MassAbility.The appointing authority may require any such person with an intellectual disability to undergo such tests as, in its opinion, will measure the fitness of such person to properly perform the duties of the position.[ Fourth paragraph effective until September 12, 2024. For text effective September 12, 2024, see below.]Upon commencement of employment pursuant to this section, such mentally retarded person shall be deemed to be employed on a temporary basis in such position. The appointing authority shall notify the administrator when such person with an intellectual disability has been continuously employed in a year-round temporary position for a period of three years, whereupon such position shall be deemed to be a permanent position, and such person shall be deemed to be a tenured employee therein. The administrator shall give appropriate notice thereof, by title and position number, with respect to each such position in the service of the commonwealth to the budget director, the comptroller, the house and senate committees on ways and means, and the appointing authority.[ Fourth paragraph as amended by 2024, 205, Sec. 61 effective September 12, 2024. For text effective until September 12, 2024, see above.]Upon commencement of employment pursuant to this section, such person with an intellectual disability shall be deemed to be employed on a temporary basis in such position. The appointing authority shall notify the administrator when such person with an intellectual disability has been continuously employed in a year-round temporary position for a period of three years, whereupon such position shall be deemed to be a permanent position, and such person shall be deemed to be a tenured employee therein. The administrator shall give appropriate notice thereof, by title and position number, with respect to each such position in the service of the commonwealth to the budget director, the comptroller, the house and senate committees on ways and means, and the appointing authority.