Section 109 Turning 22 Commission

(a) There shall be a special commission to: (i) review current practices and gaps in transitional planning services; (ii) prepare a comprehensive plan to address the complex and growing number and needs of persons with disabilities whose entitlement to services under special education programs has terminated or will terminate as a result of such person's graduation from high school or attainment of age 22, hereafter referred to as transition-age youth; and (iii) recommend solutions to improve transition planning services and outcomes for transition-age youth and their families or guardians.
(b) The commission shall consist of: the secretary of health and human services or a designee, who shall serve as co-chair; the secretary of education or a designee, who shall serve as co-chair; 1 representative of the transitional advisory committee within the bureau of transitional planning; the commissioner of the state vocational rehabilitation agency within the executive office of labor and workforce development or a designee; the commissioner of MassAbility or a designee; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; 1 member of the senate; 1 member of the house of representatives; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; the chairs of the joint committee on children, families and persons with disabilities; 1 member representing The Arc of Massachusetts; 1 member representing the Massachusetts Down Syndrome Congress; 1 member representing the Federation for Children with Special Needs; and 3 members to be appointed by the governor, 1 of whom shall represent a program that serves transition-age youth, 1 of whom shall be a transition-age youth and 1 of whom shall be a caregiver or family member of a recent transition-age youth with high support needs.
(c) The comprehensive plan shall include, but not be limited to, strategies and recommendations for: (i) improving and strengthening habilitative services pursuant to sections 12A to 12C, inclusive, of chapter 71B of the General Laws for a person with disabilities whose entitlement to services under special education programs has terminated or will terminate as a result of such person's graduation from high school or attainment of age 22; (ii) improving, enhancing and modernizing transitional planning and services for persons with disabilities who: (A) are eligible for adult services through the department of developmental services, department of mental health or MassAbility pursuant to existing eligibility processes, including, but not limited to, referrals under chapter 688 of the acts of 1983 or applications by the individual or family; (B) are assessed to be prioritized for residential placement through the department of developmental services; (C) require intensive staffing for complex behavioral or complex medical needs through the department of developmental services; and (D) require services from 1 or more member agencies of the transitional advisory committee; (iii) enhancing and improving coordination, communication and data sharing across local education agencies, the department of developmental services, department of mental health, MassAbility, individuals and their families or guardians to support informed, person-centered transition planning including, but not limited to, education on adult service systems, eligibility processes and available pathways to employment and independence; (iv) improving and modernizing the referral program established through said chapter 688 of the acts of 1983 to increase transparency, advance planning and communication between all involved parties; (v) facilitating information sharing between members of the bureau of transitional planning with the goal of serving transition-age youth and their families or guardians prior to, during and after their transition to adult services; (vi) expanding competitive integrated employment opportunities for transition-age youth with disabilities, consistent with Employment First policies and the Workforce Innovation and Opportunity Act; (vii) limiting or eliminating the number of transition-age youth who do not have a residential placement, if required by their transition plan, identified at least 6 months before their transition to adult services and ensuring that there is a clear process for transition-age youth for whom an alternative placement is not immediately available; (viii) increasing options and opportunities for transition-age youth found eligible for residential supports to maintain meaningful connections with their families or guardians, including through innovative housing models, cross-agency collaboration and improved use of existing resources, while accounting for and considering workforce capacity, clinical needs and housing availability; (ix) addressing any unique transition challenges for transition-age youth who are leaving the care of the department of children and families; (x) promoting, when possible, geographic equity in services provided across the commonwealth including, but not limited to, habilitative services, residential living opportunities, employment and day program supports and family supports; (xi) establishment of regular review processes within the bureau of transitional planning regarding the efficacy and results of any transition-age services provided by those same member organizations; (xii) modernizing and updating existing reporting and transition planning data collection processes and requirements by local education agencies and the department of elementary and secondary education pursuant to the Individuals with Disabilities Education Act; and (xiii) identifying evidence-based transition practices that improve postsecondary employment and education outcomes for students with disabilities, including early engagement with vocational rehabilitation services, participation in pre-employment transition services, work-based learning experiences and career and technical education opportunities.
(d) In making its recommendations, the commission shall consider practices related to communication, education and awareness efforts including, but not limited to: (i) the frequency of transparent agency communication between relevant agencies and transition-age youth and the families and guardians of transition-age youth; (ii) the amount of notification time given for transition plans to be developed and finalized; and (iii) raising awareness of programs, examining outreach practices and the efficacy of services available prior to, during and after the transition process to adult services.
(e) The report shall include recommendations for: (i) modernizing and strengthening habilitative services and transitional planning services for persons with disabilities pursuant to sections 12A through 12C, inclusive, of chapter 71B of the General Laws; and (ii) interagency data sharing and transition outcome tracking across education, vocational rehabilitation and adult service systems, including metrics related to employment, postsecondary enrollment and independent living outcomes for persons with disabilities.
(f) The commission shall submit its report and recommendations, together with drafts of legislation, if any, to the executive office of labor and workforce development, the executive office of education, the executive office of health and human services, the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities not later than September 30, 2027.