An Act to Establish a Grant Program to Increase Postsecondary
Maine Legislature, Session 132, LD 0046
Sponsors: MURPHY, RAFFERTY

Legislative Document
No. 46
H.P. 10
House of Representatives, January 8, 2025
An Act to Establish a Grant Program to Increase Postsecondary 
Educational Opportunities for Students with Intellectual or 
Developmental Disabilities or Autism Spectrum Disorder
(EMERGENCY)
Received by the Clerk of the House on January 6, 2025.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MURPHY of Scarborough.
Cosponsored by Senator RAFFERTY of York and
Representatives: DODGE of Belfast, GRAMLICH of Old Orchard Beach, KUHN of Falmouth, 
SARGENT of York, Senator: PIERCE of Cumberland.
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
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:
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 
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.
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 in the State to develop and implement program plans 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 higher 
education experience as students without disabilities.
The bill requires that, in order to receive funding under the grant program, program 
plans developed by institutions of higher education must meet the requirements of a 
comprehensive transition and postsecondary program under the federal Higher Education 
Act of 1965 so that students enrolled in the program plan 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 program plan.
Finally, the bill requires institutions of higher education that have been awarded grants 
to make periodic reports to the department concerning the progress and sustainability of 
their program plans and requires the department to annually report to the Legislature on the 
effectiveness of the grant program.