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HOUSE DOCKET, NO. 1149 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 218
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Alan Silvia
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to autism education reform.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Alan Silvia7th Bristol1/18/2023Susannah M. Whipps2nd Franklin1/26/2023Carol A. Doherty3rd Bristol1/30/2023Steven S. Howitt4th Bristol1/30/2023Angelo J. Puppolo, Jr.12th Hampden1/30/2023Christopher Hendricks11th Bristol1/31/2023Vanna Howard17th Middlesex2/1/2023 1 of 6
HOUSE DOCKET, NO. 1149 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 218
By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 218) of Alan
Silvia and others relative to autism education reform and to facilitate appropriate interactions
with persons on the autism spectrum. Children, Families and Persons with Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 270 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to autism education reform.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section
2116I the following section:-
3 Section 116I½. (a) For the purposes of this section, the following words shall, unless the
4context clearly requires otherwise, have the following meanings:-
5 “Autism spectrum”, any of the pervasive developmental disorders as defined by the most
6recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including autistic
7disorder, Asperger's disorder and pervasive developmental disorders not otherwise specified.
8 “Correction officer”, any officer employed by a correctional facility who is tasked with
9the custody, care, or transport of incarcerated or detained persons. 2 of 6
10 “Correctional facility”, as defined in section 1 of chapter 125.
11 “Law enforcement agency”, (i) a state, county, municipal or district law enforcement
12agency, including, but not limited to: a city, town or district police department, the office of
13environmental law enforcement, the University of Massachusetts police department, the
14department of the state police, the Massachusetts Port Authority police department, also known
15as the Port of Boston Authority police department, and the Massachusetts Bay Transportation
16Authority police department; (ii) a sheriff’s department in its performance of police duties and
17functions; or (iii) a public or private college, university or other educational institution or
18hospital police department.
19 “Law enforcement officer” or “officer”, any officer of a law enforcement agency,
20including the head of the law enforcement agency; a special state police officer appointed
21pursuant to section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to
22section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed
23pursuant to section 3 of said chapter 37 performing police duties and functions; a constable
24executing an arrest for any reason; or any other special, reserve or intermittent police officer.
25 (b) The municipal police training committee shall establish an in-service training
26curriculum on or before January 1, 2022 for the training of law enforcement officers and
27correction officers in appropriate interactions with persons on the autism spectrum; provided,
28that this training shall not increase the currently required hours of in-service training. The
29municipal police training committee shall develop guidelines for law enforcement response to
30persons on the autism spectrum who are victims or witnesses to crime, or suspected or convicted
31of a crime or who are in the custody of a law enforcement agency or officer. The course of 3 of 6
32instruction and the guidelines shall emphasize: (1) positive responses to persons on the autism
33spectrum; (2) de-escalating potentially dangerous situations; (3) understanding of the different
34manner by which persons on the autism spectrum process sensory stimuli and language; and (4)
35appropriate methods of interrogation. The training shall address the best practices for interactions
36with the broad range of persons on the autism spectrum, including those with intersecting
37marginalized identities.
38 SECTION 2. Section 38G½ of chapter 71 of the General Laws, as appearing in the 2018
39Official Edition, is hereby amended by striking out the last paragraph and inserting in place
40thereof the following paragraph:-
41 The board shall provide an endorsement in autism which shall include no less than 2
42years of coursework and field experience for licensed special education teachers to acquire the
43competencies necessary to conduct assessments, develop appropriate individualized education
44programs, supervise paraprofessionals and teacher assistants in classrooms with students with
45autism, provide specially designed instruction and related services and consult and collaborate
46with other educators, including general education teachers, in order to meet the unique and
47complex educational needs of students with autism in the least restrictive environment. The
48board shall provide an endorsement in autism for paraprofessionals and teacher assistants, which
49shall include no less than 2 years of coursework and field experience to acquire the competencies
50necessary in order to meet the unique and complicated educational needs of students with autism
51in the least restrictive environment; provided, however, that to be eligible for an endorsement in
52autism, the paraprofessional or teacher assistant shall hold an associate’s degree or bachelor’s
53degree in arts or sciences from an accredited community college, college or university with a
54major course in the arts or sciences appropriate to the instruction of students with autism. 4 of 6
55Competencies shall also include, but not be limited to, the impact of autism on verbal and
56nonverbal communication, social interaction, sensory experiences, behaviors, literacy and
57academic achievement. All content taught as part of this specialization shall be consistent with
58the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., for
59evidence based practices. The requirements for the endorsement in autism, as promulgated by the
60board, may also be used to satisfy course requirements necessary to obtain a professional license.
61The board shall promulgate regulations specifying the subject matter knowledge, skills and
62competencies required for such endorsement, including requirements to incorporate renewal of
63the endorsement as part of the individual professional development plan required pursuant to
64section 38G. Said regulations shall also specify components necessary for preparation programs
65offering an endorsement in autism, which shall be included in the department's process for
66approving preparation programs.
67 SECTION 3. Section 3 of chapter 71B of the General Laws, as so appearing, is hereby
68amended by inserting after the word “development”, in line 145, the following sentence:-
69Whenever an evaluation indicates that a child has a disability on the autism spectrum, the child’s
70Individualized Education Program shall be periodically reviewed by an independent review
71panel comprised of 3 educators appointed by the administrator of special education with an
72endorsement in autism pursuant to section 38G½ of chapter 71.
73 SECTION 4. Said section 3 of said chapter 71B, as so appearing, is hereby amended by
74adding the following 2 paragraphs:-
75 Whenever an evaluation indicates that a child has a disability on the autism spectrum,
76which includes autistic disorder, Asperger’s disorder, pervasive developmental disorder not 5 of 6
77otherwise specified, childhood disintegrative disorder, or Rhett’s Syndrome, as defined in the
78most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric
79Association, the child shall be placed in a special education program specific to children on the
80autism spectrum; provided, however, that the special education program is the least restrictive
81environment for that child. All teachers, paraprofessionals and teacher assistants assigned to
82classrooms where children who have a disability on the autism spectrum are taught shall have an
83endorsement in autism pursuant to section 38G½ of chapter 71.
84 Notwithstanding any general or special law to the contrary, video cameras shall be
85installed in all classrooms and quiet rooms where children who have a disability on the autism
86spectrum are taught. The school administrator shall maintain all recordings generated by the
87video camera as education records pursuant to 20 USC §1232G(a)(4)(A).
88 SECTION 5. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby
89amended by adding the following paragraph:-
90 The registrar shall furnish without charge, upon application, to owners of private
91passenger motor vehicles and motorcycles who have been diagnosed with a health condition or
92disability, such as autism spectrum disorder, as defined in section 116I½ of chapter 6, that may
93impede effective communication with a law enforcement officer and upon presentation of
94evidence deemed satisfactory by the registrar, distinctive registration plates bearing a blue puzzle
95piece or the words, “COMMUNICATION IMPEDIMENT”.
96 SECTION 6. Section 8 of said chapter 90, as so appearing, is hereby amended by adding
97the following paragraph:- 6 of 6
98 Each applicant for a license or renewal thereof shall be asked in writing whether they
99wish to voluntarily indicate on their license that the applicant has a health condition or disability,
100such as autism spectrum disorder as defined in section 116I½ of chapter 6, that may impede
101effective communication with a law enforcement officer. Any request for a communication
102impediment indicator shall be accompanied by a form prescribed by the registrar and completed
103by a licensed physician.
104 SECTION 7. Section 8B of said chapter 90, as so appearing, is hereby amended by
105adding the following paragraph:-
106 Each applicant or family member shall be asked in writing whether they wish to
107voluntarily indicate on their learner’s permit that the applicant has a health condition or
108disability, such as autism spectrum disorder as defined in section 116I½ of chapter 6, that may
109impede effective communication with a law enforcement officer. Any request for a
110communication impediment indicator shall be accompanied by a form prescribed by the registrar
111and completed by a licensed physician.
112 SECTION 8. Section 8E of said chapter 90, as so appearing, is hereby amended by
113adding the following paragraph:-
114 Each applicant or family member for an identification card or renewal thereof shall be
115asked in writing whether they wish to voluntarily indicate on their identification card that the
116applicant has a health condition or disability, such as autism spectrum disorder as defined in
117section 116I½ of chapter 6, that may impede effective communication with a law enforcement
118officer. Any request for a communication impediment indicator shall be accompanied by a form
119prescribed by the registrar and completed by a licensed physician.