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Page 1 - 132LR0018(06)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 10 - L.D. 46
An Act to Establish a Grant Program to Increase Postsecondary Educational
Opportunities for Students with Intellectual or Developmental Disabilities or
Autism Spectrum Disorder
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation establishes the Inclusive Higher Education Grant Program
to support programs at institutions of higher education designed to increase postsecondary
educational opportunities for students with intellectual or developmental disabilities or
autism spectrum disorder; and
Whereas, the Department of Health and Human Services is currently designing a
Medicaid home and community-based services waiver, known as the Lifespan Waiver, to
support individuals with intellectual or developmental disabilities or autism spectrum
disorder; and
Whereas, the grant program established by this legislation could constructively
inform the design of the Lifespan Waiver and should therefore be initiated as soon as
possible before the Lifespan Waiver is expected to go into effect in 2025; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA c. 408 is enacted to read:
CHAPTER 408
INCLUSIVE HIGHER EDUCATION GRANT PROGRAM
§10601. Definitions
LAW WITHOUT
GOVERNOR'S
SIGNATURE
JANUARY 11, 2026
CHAPTER
519
PUBLIC LAW
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As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Developmental disability. "Developmental disability" means a disability
attributable to a mental or physical impairment or combination of mental and physical
impairments that:
A. Is manifested before the person reaches 22 years of age;
B. Is likely to continue indefinitely;
C. Results in substantial functional limitations in 3 or more of the following areas of
major life activity:
(1) Self-care;
(2) Receptive and expressive language;
(3) Learning;
(4) Mobility;
(5) Self-direction;
(6) Capacity for independent living; and
(7) Economic self-sufficiency; and
D. Reflects the person's need for a combination and sequence of special,
interdisciplinary or generic care, treatment or other services that are of a lifelong or
extended duration and are individually planned and coordinated.
2. Grant program. "Grant program" means the Inclusive Higher Education Grant
Program established in section 10602.
3. Inclusive higher education. "Inclusive higher education" means a program of
higher education that offers students with intellectual disabilities, developmental
disabilities or autism spectrum disorder, to the greatest extent possible, the same rights,
privileges, experiences, benefits and outcomes that result in a higher education experience
similar to students without disabilities.
4. Intellectual disability. "Intellectual disability" means a condition of significantly
subaverage intellectual functioning resulting in or associated with concurrent impairments
in adaptive behavior that manifested during the person's developmental period.
5. Program plan. "Program plan" means an inclusive higher education plan
developed by an institution of higher education in the State.
§10602. Inclusive Higher Education Grant Program established; administration;
qualifications; scholarships; reports
The Inclusive Higher Education Grant Program is established in the department to
support postsecondary educational opportunities for students with intellectual disabilities,
developmental disabilities or autism spectrum disorder. Under the grant program, the
department shall award competitive grants to institutions of higher education in the State
to develop and implement program plans.
1. Administration. The department shall administer the grant program. To carry out
the purposes of the grant program, the department shall:
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A. Include in the administration of the grant program a representative of at least one of
the following offices within the department: the office supporting special education
and inclusive education services, the office supporting innovation in education and
policy implementation and the office supporting workforce development;
B. Develop and send to each institution of higher education in the State the following
materials related to the grant program:
(1) Materials describing the purpose and goals of the grant program;
(2) An application for the grant program;
(3) Compliance requirements and information concerning available funding; and
(4) Information outlining the requirements for qualifying as a comprehensive
transition and postsecondary program under the federal Higher Education Act of
1965, 20 United States Code, Section 1140 (2010);
C. Designate a person to be available to answer questions from institutions of higher
education in the State concerning grant program qualifications and funding;
D. Develop application requirements consistent with subsection 2;
E. Review and approve applications and award grants to institutions of higher
education in the State on a competitive basis; and
F. Adopt rules as necessary for the operation of the grant program. Rules adopted
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
2. Qualifications. To qualify for a grant under the grant program, a proposed program
plan must:
A. Offer the supports necessary to allow students with intellectual disabilities,
developmental disabilities or autism spectrum disorder to have the same rights,
privileges, experiences, benefits and outcomes as students without disabilities;
B. Ensure that students with intellectual disabilities, developmental disabilities or
autism spectrum disorder have access to a wide array of academic courses that students
without disabilities attend;
C. Ensure that students with intellectual disabilities, developmental disabilities or
autism spectrum disorder have access to and support for participation in campus life,
including social activities and organizations, institution facilities and other institution
resources, including technological resources, available to students without disabilities;
D. Provide students with intellectual disabilities, developmental disabilities or autism
spectrum disorder with the supports and experiences necessary to seek and sustain
competitive employment;
E. Develop and promote the self-determination skills of students with intellectual
disabilities, developmental disabilities or autism spectrum disorder;
F. Offer peer mentoring;
G. Adopt admissions standards that do not require students with intellectual
disabilities, developmental disabilities or autism spectrum disorder to possess a high
school diploma or to participate in a curriculum-based achievement college entrance
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examination that is administered nationwide. For the purposes of this paragraph,
"curriculum-based achievement college entrance examination" means a college
entrance examination composed of questions directly related to high school curricula.
"Curriculum-based achievement college entrance examination" does not include an
examination primarily designed to measure scholastic aptitude;
H. Include the development of one or more meaningful credentials for students with
intellectual disabilities, developmental disabilities or autism spectrum disorder to earn
on successful completion of the program plan; and
I. Use as a model the requirements for a comprehensive transition and postsecondary
program under the federal Higher Education Act of 1965, 20 United States Code,
Section 1140 (2010) to the extent practicable and to the extent that those requirements
do not conflict with any provision of this chapter.
A grant application must show that the institution of higher education has engaged
stakeholders in the development of the program plan.
3. Scholarships required. An institution of higher education awarded funding under
the grant program shall use 25% of the funds received to provide scholarships to students
with intellectual disabilities, developmental disabilities or autism spectrum disorder
participating in the program plan. A scholarship recipient under this subsection is not
required to possess a high school diploma.
4. Reports. An institution of higher education participating in the grant program and
the department shall submit the following reports.
A. Beginning January 1, 2026, and every 6 months thereafter, an institution of higher
education awarded a grant under the grant program shall submit to the department a
report that includes:
(1) A strategy for the sustainability of the institution of higher education's program
plan, including enrollment projections;
(2) Any needs for training, technical assistance and any other support necessary to
provide for continuation of the program plan; and
(3) An evaluation by the institution of higher education of the program plan and
identification of best practices with the goal of promoting the development of a
statewide model program plan for use by other institutions of higher education in
the State.
B. On or before March 1, 2026, and annually thereafter, the department shall submit a
report to the joint standing committee of the Legislature having jurisdiction over
education matters on the effectiveness and success of the grant program.
Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
EDUCATION, DEPARTMENT OF
Inclusive Higher Education Grant Program N487
Initiative: Provides one-time funds for the initial start-up costs associated with
implementing the grant program.
GENERAL FUND 2025-26 2026-27
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All Other $50,000 $0
__________ __________
GENERAL FUND TOTAL $50,000 $0
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.