Proposed New Regulations and Amendments to Existing Regulations

The following is a list of notices, by date of publication, for proposed new Department of Higher Education (DHE) regulations or amendments to existing DHE regulations. Click on a link to view the corresponding notice; either the proposed new regulation or, in the case of amendments, a redline reflecting the proposed changes to the existing regulation; and other related documents.

All persons interested in submitting comments on a proposed new regulation or changes to an existing regulation may do so in writing by the date indicated in the notice. Please refer to the full notice for the email and mailing addresses for submitting comments. DHE is not required to respond to comments; however, all comments received by the date indicated in the notice will be reviewed and considered.

The date published is the date the notice appeared in the newspaper and the Massachusetts Register and marks the beginning of the 21-day public-comment period, pursuant to M.G.L. c. 30A, s. 3.

Published on January 31, 2025

BHE Proposed Regulation for Massachusetts Inclusive Postsecondary Education Initiative Program Guidelines (610 CMR 15.00) - Published for Public Comment

At its January 14, 2025 meeting, the Massachusetts Board of Higher Education authorized the Commissioner of Higher Education to solicit public comment on proposed guidelines to expand opportunities for students with severe disabilities to participate in postsecondary experiences within the Massachusetts public higher education system, per legislation included in the FY2023 state budget. The 21-day public comment period began on Friday, January 31, 2025, and written comments will be accepted until 5:00 p.m. on Friday, February 21, 2025. A public hearing will be held virtually on Friday, February 7, 2025 at 12:00 noon via Zoom. For additional information, please visit the attachments below.

In July of 2022, via the FY2023 General Appropriations Act, legislation was enacted in Massachusetts to expand post-secondary educational and experiential opportunities for students with severe disabilities who were unable to achieve a competency determination under section 1D of chapter 69 (e.g., pass MCAS). The legislation both codified the then-existing Massachusetts Inclusive Concurrent Enrollment Initiative (MAICEI) that had been funded in prior appropriation line items to provide such opportunities to individuals between the ages of 18 and 22 (M.G.L. c. 71B, §17); and also established a foundation for expanding access to postsecondary education opportunities for individuals over the age of 22 by requiring each public institution of higher education in Massachusetts to establish policies and guidelines governing the selection and participation of 22 and over eligible individuals with severe disabilities. The legislation has several components, including amending the Department of Higher Education’s (DHE) enabling legislation (M.G.L. c. 15A, Section 30A), creating a trust fund (M.G.L. c. 29, Section 2VVVVV), and codifying a grant program (M.G.L. c. 71B, section 17) to help fund, support, and administer the collective programs.

In turn, the legislature charged the DHE with promulgating regulations to implement the new law and, more specifically, the associated grant program which facilitates student access and is referenced in section 17 of chapter 71B. The DHE’s proposed regulation seeks to establish minimum guidelines, expectations, and procedures to help public higher education institutions offer inclusive education programming safely and appropriately to eligible students with severe disabilities and help strengthen partnerships with other state agencies. Specifically, the proposed regulation:

• Establishes nomenclature for the new program, by instituting “Massachusetts Inclusive Postsecondary Education Initiative” (MAIPSE) as an umbrella term for both the previously existing and newly codified “MAICEI Programs” (students aged 18 years up to the age of 22 years) and “Post-MAICEI Programs” (students aged 22 years and over), which collectively refer to a comprehensive model of services designed to support individuals with severe intellectual disabilities, severe autism spectrum disorder, and severe developmental disabilities;
• Defines minimum expectations for MAIPSE programs at public institutions of higher education (IHEs), such as by requiring each IHE to develop guidelines governing student selection criteria, institutional administrative capacity, course selection, residential housing, and student conduct;
• Provides minimum expectations for an “Individual Student-Centered Participation Plan (ISCPP)”, an umbrella term to describe the written plan(s) that are developed in alignment with 610 CMR 15.05 by DDS, MassAbility, or any other relevant state agency that serves individuals with Severe Disabilities and supports participation of a student aged twenty-two (22) years or over in a Public Institution’s Post-MAICEI program; and
• Addresses annual, legislatively mandated institutional reporting requirements.

Notice of Public Comment Period

610 CMR 15.00 Notice of Public Hearing

Proposed Regulations

610 CMR 15.00 Proposed Regulation
610 CMR 15.00 Statement of Fiscal Effect and Small Business Impact