An Act to Establish a Grant Program to Increase Postsecondary Educational Opportunities for Students with Intellectual or Developmental Disabilities or Autism Spectrum Disorder
Maine Legislature, Session 131, LD 2166
Committee: Education and Cultural Affairs
Sponsors: MILLETT, BRENNAN, CRAFTS, DODGE, KUHN, LEE, MURPHY, OSHER

Legislative Document
No. 2166
H.P. 1386
House of Representatives, January 16, 2024
An Act to Establish a Grant Program to Increase Postsecondary 
Educational Opportunities for Students with Intellectual or 
Developmental Disabilities or Autism Spectrum Disorder
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Representatives: BRENNAN of Portland, CRAFTS of Newcastle, DODGE of 
Belfast, KUHN of Falmouth, LEE of Auburn, MURPHY of Scarborough, OSHER of Orono.
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 Act establishes the Inclusive Higher Education Grant Program to 
support pilot programs in 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 Act 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
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 by this chapter.
3. Inclusive higher education. "Inclusive higher education" means a program of 
higher education that offers students with intellectual disabilities or 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 and manifested during the developmental period.
5. Pilot program. "Pilot program" 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; reports
The Inclusive Higher Education Grant Program is established in the department to 
support postsecondary educational opportunities for students with intellectual disabilities 
or 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 pilot programs that offer inclusive higher education.
1. Administration. The department shall administer the grant program. To carry out 
the purposes of the grant program, the department shall:
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 
Opportunity Act, 20 United States Code, Section 1140 (2010);
C. Designate a person to be available to answer questions from institutions of higher 
education 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 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 pilot 
program must:
A. Offer the supports necessary to allow students with intellectual disabilities or 
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 or developmental disabilities or 
autism spectrum disorder have access to a wide array of academic courses that are 
attended by students without disabilities;
C. Ensure that students with intellectual disabilities or developmental disabilities or 
autism spectrum disorder have access to and support for participation in campus life, 
including social activities and organizations, institution facilities, technology and other 
institution resources available to students without disabilities;
D. Provide students with intellectual disabilities or 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 or developmental disabilities or autism spectrum disorder;
F. Offer peer mentoring;
G. Adopt admissions standards that do not require a student with an intellectual 
disability or developmental disability or autism spectrum disorder to participate in a 
curriculum-based achievement college entrance 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 curriculum. "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 or developmental disabilities or autism spectrum disorder to 
earn on successful completion of the pilot program; and
I. Meet the requirements of a comprehensive transition and postsecondary program 
under the federal Higher Education Opportunity Act, 20 United States Code, Section 
1140 (2010), so that students with intellectual disabilities or developmental disabilities 
or autism spectrum disorder may be eligible for certain federal grants and work-study 
programs.
A grant application must show that the institution of higher education has engaged 
stakeholders in the development of the applicant's pilot program.
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 or developmental disabilities or autism spectrum disorder 
participating in the pilot program.
4. Reports. An institution of higher education participating in the grant program and 
the department shall issue the following reports.
A. Beginning January 1, 2025, 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 pilot 
program including enrollment projections;
(2) Any needs for training, technical assistance and other capacity necessary to 
provide for continuation of the pilot program; and
(3) Lessons learned by the institution of higher education and identification of best 
practices with the goal of promoting the development of a statewide model 
program for use by other institutions of higher education in the State.
B. On or before March 1, 2025, 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.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill establishes a grant program in the Department of Education to increase 
postsecondary educational opportunities and support employability for students with 
intellectual or developmental disabilities or autism spectrum disorder. Under the grant 
program, the department awards competitive grants to institutions of higher education to 
develop and implement pilot programs that offer students with intellectual or 
developmental disabilities or autism spectrum disorder, to the greatest extent possible, the 
same rights, privileges, experiences, benefits and outcomes in a postsecondary education 
as students without disabilities. The bill requires that, in order to receive funding under the 
grant program, pilot programs developed by institutions of higher education meet the 
requirements of a comprehensive transition and postsecondary program under the federal 
Higher Education Opportunity Act so that students enrolled in the pilot program may be 
eligible for certain federal grants and work-study programs. The bill requires institutions 
of higher education to use 25% of the funds received through the grant program for 
scholarships for students participating in the pilot program. Finally, the bill requires 
institutions of higher education to make periodic reports to the department concerning the 
progress and sustainability of its pilot program and requires the department to annually 
report to the Legislature the effectiveness of the grant program.