§ 12C — Continuing habilitative services; eligibility; transitional plan; rules and regulations

Section 12C. A disabled person who has been receiving special education under the provisions of this chapter shall be eligible, subject to appropriation, upon graduation from high school or upon attaining the age of twenty-two, whichever occurs first, to receive habilitative services in the manner hereinafter provided. The education authority which is responsible for the education of a person with a disability shall, with the consent of such person or his parent or guardian, at least two years before such person attains the age of twenty-two or at least two years before such person's graduation, whichever first occurs, determine whether such person may need continuing habilitative services and notify the bureau of transitional planning of the name and address of such person, the record of the special education services being provided to such person, and the expected date of termination of such services. Within thirty days of such notification, said bureau will begin to prepare a case file on such person consisting of all available information relevant to the questions of whether such person is a disabled person within the meaning of section twelve A and which habilitative services may be necessary or appropriate to assist such person in realizing his potential for self-sufficiency in major life activities. The education authority shall, with the consent of such person or his parent or guardian, provide said bureau with copies of relevant portions of record of such person, which shall be included in such person's case file. Said bureau shall also provide an opportunity for the submission by or on behalf of such person, of information relative to such person's disability, and all information so provided shall be included in such person's case file.[ Second and third paragraphs effective until September 12, 2024. For text effective September 12, 2024, see below.]If at the time of said notification to said bureau, such person has been determined to be eligible for disability benefits under Title II or Title XVI of the United States Social Security Act, such person shall be deemed to be a disabled person within the meaning of section twelve A, and said bureau shall make a preliminary determination of the agency or agencies which shall develop a transitional plan for such person. If at such time such person has not been determined to be eligible for such benefits, said bureau shall refer such person to the Massachusetts rehabilitation commission for a determination whether he is a disabled person within the meaning of section twelve A. As a condition of such referral, said bureau may require that an application be submitted forthwith on behalf of such person for such benefits.With respect to each such person referred to it under the preceding paragraph, the Massachusetts rehabilitation commission shall provide written notice to said bureau and to such person or his parent or guardian of its determination whether such person is a disabled person. If such person is determined by the commission to be disabled, then his case file shall be referred to said bureau for the preliminary determination of the agency or agencies which shall develop a transitional plan. In addition to any appeal rights under Titles II and XVI of the Social Security Act, a finding by the commission that such person is not disabled may be appealed by requesting review by the secretary of health and human services within sixty days after the date of issuance of the commission's determination. The secretary shall approve, disapprove, or remand to said commission for further consideration any such request within ninety days of its receipt by said secretary.[ Second and third paragraphs as amended by 2024, 205, Sec. 68 effective September 12, 2024. For text effective until September 12, 2024, see above.]If at the time of said notification to said bureau, such person has been determined to be eligible for disability benefits under Title II or Title XVI of the United States Social Security Act, such person shall be deemed to be a disabled person within the meaning of section twelve A, and said bureau shall make a preliminary determination of the agency or agencies which shall develop a transitional plan for such person. If at such time such person has not been determined to be eligible for such benefits, said bureau shall refer such person to MassAbility for a determination whether he is a disabled person within the meaning of section twelve A. As a condition of such referral, said bureau may require that an application be submitted forthwith on behalf of such person for such benefits.With respect to each such person referred to it under the preceding paragraph, MassAbility shall provide written notice to said bureau and to such person or his parent or guardian of its determination whether such person is a disabled person. If such person is determined by the commission to be disabled, then his case file shall be referred to said bureau for the preliminary determination of the agency or agencies which shall develop a transitional plan. In addition to any appeal rights under Titles II and XVI of the Social Security Act, a finding by the commission that such person is not disabled may be appealed by requesting review by the secretary of health and human services within sixty days after the date of issuance of the commission's determination. The secretary shall approve, disapprove, or remand to said commission for further consideration any such request within ninety days of its receipt by said secretary.Upon receipt of a case file of a disabled person said bureau shall make a preliminary determination of the agency which shall develop a transitional plan for such individual.If such preliminary determination is approved by the transitional advisory committee, such agency shall, in accordance with its usual planning procedures, except as modified by the provisions of this section, in cooperation with said bureau, and such person, develop a transitional plan for such person. The parent or guardian may participate in the development of the transitional plan unless such participation is objected to by the disabled person. Said transitional plan shall include, but not be limited to, the following information: the habilitative services found by the committee to be necessary or appropriate to assist such person in realizing his potential for self-sufficiency in major life activities; the agencies responsible for the provision of such services; the location in the least restrictive environment at which such services will be provided; and the expected duration for the provision of such services. Each transitional plan shall be submitted to the transitional advisory committee for its approval no later than six months prior to the date each disabled person attains age twenty-two or graduates, whichever occurs first. The committee shall meet at least once a month for the purpose of considering the approval of such transitional plans.Said committee shall provide the person and his parent or guardian with a written copy of an approved transitional plan developed for such person. If the plan calls for the provision of services by an agency in the executive office of health and human services or in the department of labor and workforce development, the secretary and director shall also be provided with a copy of the plan. The secretary and director shall each review the portion of such plan which calls for the provision of services by an agency within his executive office or department and may, after consultation with such agency and written notification to such person or his parent or guardian, make such modifications to such portion of such plan as are necessary or appropriate. Any plan which has not been so modified by said secretary or director within 60 days of its submission to said secretary or director shall be deemed to be approved in the form submitted.After a transitional plan for a disabled person has been approved and after said individual attains the age of twenty-two or graduates, whichever first occurs, habilitative services shall be provided to such person in accordance with the transitional plan. The secretary of health and human services shall promulgate rules and regulations for the modification, extension, termination, or appeal of the transitional plan by such person, his parent or guardian, or any agency responsible for the provision of services pursuant to such plan.