Massachusetts General Laws Chapter 688 (“M.G.L. c. 688”) 688 is the Massachusetts state law that is referred to as the “Turning 22 Law”. It takes effect when a disabled or special needs student turns 22 or graduates from high school, whichever comes first. Chapter 688 creates a process to help special needs individuals transition out of special education services and into adulthood. A special needs child who is entering adulthood will only qualify for Chapter 688 if they have been receiving special education services.

At least two years before the Turning 22 Law takes effect for an individual, the education authority who has been providing special education services will determine whether the special needs individual needs continuing habilitative services, which are health care services that help a person keep, learn, or improve skills and functioning for daily living. If the individual is deemed to need continuing services, the education authority will notify the Bureau of Transitional Planning about the disabled person, and will provide the Bureau with the record of the special education services the person has received, as well as the expected termination date for services currently being received.

The special needs individual will either be determined to be disabled under the Social Security regulations, or he or she will be referred to the Massachusetts Rehabilitation Commission (“Mass Rehab Commission”) for an evaluation to determine if he or she is considered disabled. If determined to be disabled, a transitional plan will be developed by a predetermined state agency, which may be either the Massachusetts Department of Developmental Services (“DSS”), the Massachusetts Rehabilitation Commission, or the Massachusetts Department of Mental Health (“DMH”).