§ 17 — Department of higher education discretionary grant program for inclusive concurrent enrollment options; beneficiaries; purpose; establishment of inclusive concurrent enrollment advisory board; annual report

Section 17. (a) Subject to appropriation, the department of higher education shall develop and administer a discretionary grant program, which shall include planning and implementation grants, to provide money to school committees and public institutions of higher education partnering to offer inclusive concurrent enrollment options for school aged individuals who are 18 to 21 years old, inclusive, and have severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities. The program shall be limited to individuals who: (i) are 18 or 19 years old and have: (A) a severe intellectual disability, severe autism spectrum disorder or other severe developmental disability; and (B) been unable to achieve the competency determination necessary to pass the statewide assessment test pursuant to section 1D of 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; or (ii) are 20 or 21 years old and have: (A) a severe intellectual disability, severe autism spectrum disorder or other severe developmental disability; and (B) 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; and (C) 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; provided however, for individuals over the age of 21 public institutions of higher education may limit participation to students receiving support from the department of developmental services, the Massachusetts rehabilitation commission, or other state agencies pursuant to this section.(b) The grant program shall enable school districts to partner with public institutions of higher education to assist in meeting the transitional needs of eligible students pursuant to subsection (a), which shall include facilitating transition from school to post-school activities and competitive employment. Operation of the grant program shall be focused on improving academic and functional achievement for students in accordance with the federal Individuals with Disabilities Education Act.[ Subsections (c) through (e) effective until September 12, 2024. For text effective September 12, 2024, see below.](c) The grant program shall allow participation of any relevant state agency or other entity 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 any other vocational rehabilitation agency or organization supporting student academic success, in partnership to support participation in student life of the college community and competitive employment.(d) The grant program shall support partnerships that offer: (i) access to inclusive higher education opportunities pursuant to section 30A of chapter 15A; (ii) participation in credit-bearing or non-credit courses that include students without disabilities, including participation in credit-bearing courses in audit status for students who do not meet course prerequisites; (iii) participation in on-campus student life activities; (iv) preparation for competitive employment; (v) a waiver of tuition for courses by the public institution of higher education; (vi) the provision of supports and services necessary to facilitate a student's participation in higher education pursuant to said section 30A of said chapter 15A and support inclusion in academic courses, extracurricular activities, internships, work experiences and other aspects of the institution's postsecondary program; (vii) education, training and technical assistance for teachers, faculty and other 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; (viii) full inclusion of students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities with other students not participating under said section 30A of said chapter 15A in all aspects of higher education including, but not limited to, academic and social activities; and (ix) 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 offered to other students not participating under said section 30A of said chapter 15A; provided further, that public institutions of higher education may limit participation in residential housing to individuals receiving supports and services from the department of developmental services, the Massachusetts rehabilitation commission, other state agencies, or the individual's school district pursuant to this section.(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 advisory board shall include the following members or their designees, who shall serve without compensation: the commissioner of higher education, who shall serve as co-chair; the commissioner of developmental services, who shall serve as co-chair; the secretary of education; the inclusive concurrent enrollment coordinator; the commissioner of elementary and secondary education; the commissioner of the Massachusetts rehabilitation commission; a representative from the University of Massachusetts as appointed by the president of the university; a representative of the state universities as appointed by the Council of Presidents of the Massachusetts State University System; a representative of the community colleges as appointed by the Massachusetts Association of Community Colleges; a member appointed by the Massachusetts Administrators for Special Education; a member appointed by the Massachusetts Association of School Committees, Inc.; a member appointed by the Massachusetts Association of School Superintendents, Inc.; a member appointed by the Massachusetts Advocates for Children, Inc.; a member appointed by the Federation for Children with Special Needs, Inc.; a member appointed by the Institute for Community Inclusion; a member appointed by the Massachusetts Down Syndrome Congress, Inc.; a member appointed by the Advocates for Autism of Massachusetts; 2 representatives of school districts and public institutions of higher education that have successfully implemented inclusive concurrent enrollment initiatives, to be appointed by the co-chairs; and 2 students who are participating or have participated in an inclusive concurrent enrollment program, to be appointed by the co-chairs. The advisory board shall meet not less than quarterly. If an inclusive concurrent enrollment coordinator is not designated pursuant to subjection (f), the commissioner of higher education shall select an alternative appointee.[ Subsections (c) through (e) as amended by 2024, 205, Sec. 69 effective September 12, 2024. For text effective until September 12, 2024, see above.](c) The grant program shall allow participation of any relevant state agency or other entity 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, MassAbility or any other vocational rehabilitation agency or organization supporting student academic success, in partnership to support participation in student life of the college community and competitive employment.(d) The grant program shall support partnerships that offer: (i) access to inclusive higher education opportunities pursuant to section 30A of chapter 15A; (ii) participation in credit-bearing or non-credit courses that include students without disabilities, including participation in credit-bearing courses in audit status for students who do not meet course prerequisites; (iii) participation in on-campus student life activities; (iv) preparation for competitive employment; (v) a waiver of tuition for courses by the public institution of higher education; (vi) the provision of supports and services necessary to facilitate a student's participation in higher education pursuant to said section 30A of said chapter 15A and support inclusion in academic courses, extracurricular activities, internships, work experiences and other aspects of the institution's postsecondary program; (vii) education, training and technical assistance for teachers, faculty and other 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; (viii) full inclusion of students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities with other students not participating under said section 30A of said chapter 15A in all aspects of higher education including, but not limited to, academic and social activities; and (ix) 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 offered to other students not participating under said section 30A of said chapter 15A; provided further, that public institutions of higher education may limit participation in residential housing to individuals receiving supports and services from the department of developmental services, MassAbility, other state agencies, or the individual's school district pursuant to this section.(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 advisory board shall include the following members or their designees, who shall serve without compensation: the commissioner of higher education, who shall serve as co-chair; the commissioner of developmental services, who shall serve as co-chair; the secretary of education; the inclusive concurrent enrollment coordinator; the commissioner of elementary and secondary education; the commissioner of MassAbility; a representative from the University of Massachusetts as appointed by the president of the university; a representative of the state universities as appointed by the Council of Presidents of the Massachusetts State University System; a representative of the community colleges as appointed by the Massachusetts Association of Community Colleges; a member appointed by the Massachusetts Administrators for Special Education; a member appointed by the Massachusetts Association of School Committees, Inc.; a member appointed by the Massachusetts Association of School Superintendents, Inc.; a member appointed by the Massachusetts Advocates for Children, Inc.; a member appointed by the Federation for Children with Special Needs, Inc.; a member appointed by the Institute for Community Inclusion; a member appointed by the Massachusetts Down Syndrome Congress, Inc.; a member appointed by the Advocates for Autism of Massachusetts; 2 representatives of school districts and public institutions of higher education that have successfully implemented inclusive concurrent enrollment initiatives, to be appointed by the co-chairs; and 2 students who are participating or have participated in an inclusive concurrent enrollment program, to be appointed by the co-chairs. The advisory board shall meet not less than quarterly. If an inclusive concurrent enrollment coordinator is not designated pursuant to subjection (f), the commissioner of higher education shall select an alternative appointee.(f) Subject to appropriation, the commissioner 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 department of higher education shall file a report on the status of the inclusive concurrent enrollment grant program established pursuant to subsection (a) with the joint committee on education, the joint committee on higher education and the senate and house committees on ways and means. The report shall include, but not be limited to: (i) enrollment data detailing the number of students enrolled in the inclusive concurrent enrollment program each semester, including the count of total students served by the inclusive concurrent enrollment program 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 audited the course or participated in the course for credit and whether the student 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.