Delaware Education Legislation Introduced Since January: Pending & Signed, Updates On Holdover Legislation

LegislativeHall

I just updated the Delaware “Education Legislation” page on here, but I haven’t been posting new legislation as faithfully as I did last year.  I thought it would be a good idea to give an overall update.  If it states it is on a ready list, that means it is up for a full vote by either the House or the Senate.  And embedded in this article is news Kilroy will be VERY happy about!

House Bill 229: Under the current School Choice program, there are certain students who may receive priority consideration for enrollment in the school of their choice. This Bill adds a new priority consideration for students who have a medical condition or disability that carries an ongoing risk of a sudden medical emergency. If the parent, relative, guardian or caregiver can demonstrate that they would be able to respond quicker to an emergency at the selected school, the student will receive a priority consideration.” Status: House Education Committee 1/7/16, Sponsor: Rep. Wilson

House Bill 231: This bill requires that charter schools participate in the state retirement system.” Status: released from House Education Committee 1/27/16, on House ready list, Sponsor: Rep. Matthews

House Bill 232: This Act will require the State Board of Education to accept public comment on all agenda items at its meetings, including charter school applications and changes to regulations. The Board is not required to accept public comment concerning student disciplinary appeals. The Board retains discretion to limit the manner, length, and timing of public comment at its meetings.” Status: House Education Committee 1/7/16, Sponsor: Rep. Williams

House Bill 234 This bill requires all public secondary schools, including vocational-technical schools, but not including charter schools, to have a school-based health center. The state is required to fund start-up costs at the rate of one school per year for secondary schools that currently lack such a health center. Wellness centers are an important means of providing preventative and primary medical care to teens and overcoming obstacles to care such as lack of transportation and cost. Pursuant to House Bill No. 303, approved in June of 2012, insurers are required to reimburse for services provided at school-based health centers recognized by Delaware’s Division of Public Health. Under DPH regulations students under 18 must enroll for service by having a parent or guardian sign a consent form.” Status: released from House Education Committee 3/9/16, assigned to House Appropriations Committee 3/10/16, Sponsor: Rep. Williams

House Bill 236: This bill will allow for a school property tax exemption for a person of any age who has been designated as a disabled veteran by the U. S. Department of Veterans Affairs.” Status: House Education Committee 1/12/16, Sponsor: Rep. Miro

House Bill 240: This bill establishes the Statewide Afterschool Initiative Learning Program. The Program will provide grants to public schools, that qualify as Title I schools, to develop afterschool engagement of students that will provide extended learning, homework assistance, enrichment, and nutrition.
Quality afterschool programs have been proven to enhance student engagement, improve likelihood that students will stay in school, and graduate on time. High quality programs can improve participating students school attendance, enhance literacy and help to apply classroom learning in fun and enriching ways to boost students attitudes toward various academic subjects.
After school hours, from 3-6pm, is the most dangerous time for youth and crime, accounting for the peak time for youth to commit crimes or become victims of crimes. 11.3 million children are unsupervised in the United States after school. 28,292 kids in Delaware are on their own during the hours after school.
According to the Afterschool Alliance’s 2014 ‘America After 3PM’ state survey, of all Delaware children not currently enrolled in afterschool, 40% (48,140) would be likely to participate if an afterschool program were available in their community.
” Status: released from House Education Committee 1/13/16, assigned to House Appropriations Committee 1/14/16, Sponsor: Rep. Longhurst

House Bill 243: Under current federal and state regulations implementing the statewide assessment program, if a school or district has less than 95% of their students taking the state assessment, this can be used against the school or district as it pertains to accountability or progress ratings, and further may disqualify the school or district from safe harbor provisions. As the decision to opt out of state assessments is made by parents, and not the school or district, this bill will prohibit the state from using the rate of participation against a school or district.” Status: House Education Committee 1/19/16, Sponsor: Rep. Miro

House Bill 250: In 2014, the Legislature passed a bill adding instances of “reported and recorded” bullying to the list of reasons why a child could be withdrawn from a choice or charter school before the expiration of the statutory minimum enrollment period or why an application for admission or withdrawal could be accepted outside of the statutory timeframe for submission. This bill seeks to clarify and strengthen that law by adding a requirement that the instance of bullying must also be substantiated. This will ensure the integrity of the law by limiting its exploitation by persons who wish to change schools for unrelated reasons, but preserving the exception for children truly in need of special consideration due to school bullying.” Status: released from House Education Committee 3/16/16, on House ready list,Sponsor: Rep. Williams

House Bill 261: Under existing law, when a child applies to enter a charter school, the burden is placed upon that charter school to contact the previous school district of the child to determine if the child was subject to expulsion. There are also children who are placed in alternative schools programs for discipline reasons who were not expelled. It has become more common for parents of these children to apply for enrollment in charter schools in order to circumvent the expulsion or discipline program. This has been made possible because some school districts have not responded to the requests made by charter schools for these discipline or expulsion records. If the Charter school enrolls the student and later discovers this issue, the Charter school is not permitted to disenroll the student and is thereafter responsible for that child’s cost. The previous school district thus benefits financially from its failure to respond as it is no longer responsible for the cost of that child. The changes in this bill close this loophole for parents and remove the disincentive for school districts to respond to these requests. If the previous school district fails to respond to a request, they will now have to resume responsibility for the costs of the child. The loophole should be closed for many of these parents as the charter schools will have this information available to it when deciding whether to enroll a child, and they are required to disenroll the student upon discovery of this information.” Status: House Education Committee 1/28/16, Sponsor: Rep. Ramone

House Bill 279: This bill would require that public comment be permitted at all open meetings of any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel or council. The minimum time will be one minute. Maximum time and procedural rules are left to the discretion of the meeting body.” Status: House Administration Committee 3/8/16, Sponsor: Rep. Williams

House Bill 292: This bill requires schools to post the toll-free telephone report line number for child abuse and neglect in a conspicuous location, where it may be viewed by students.  Currently the number is 1-800-292-9582. Status: House Education Committee 3/17/16, Sponsor: Rep. Williams  ***On House Education Committee agenda for 3/23/16, 3pm

Senate Bill #171:Currently, all regular school districts, charter schools, and vocational schools are subject to audit by the Auditor of Accounts. This legislative authority is granted to the Auditor of Accounts in multiple sections of the Delaware Code which must be considered together.
This Act seeks to strengthen certain aspects of Title 14 of the Delaware Code with respect to charter school audits and seeks to improve the relevant sections of the Title for consistency and cross-reference of terms.
Status: released from Senate Education Committee 1/21/16, on Senate ready list, Sponsor: Senator Sokola

Senate Bill #180:This Act provides procedures to ensure that each child with a disability who has reached age 18 has an identified educational decision-maker to exercise rights under this chapter. A child with a disability who has capacity may exercise his own rights or appoint an agent to exercise educational rights. A child with a disability who does not have capacity to provide informed consent with respect to educational programming will have an educational representative appointed, with a parent receiving priority for that role. The Department of Education, with the approval of the State Board of Education, shall promulgate regulations to implement this section. The Act shall be in effect 180 days from the date of enactment to allow regulations to be developed and provide school districts and charter schools time to receive training.Status: Senate passed 1/27/16, released from House Education Committee 3/16/16, on House ready list, Sponsor: Senator Poore

Senate Bill #186:This Act creates a Disabled Veteran School Tax Refund Fund to provide property tax refunds of up to $500 to individuals who are disabled veterans of the Unites States Armed Forces with a disability rating as determined by the United States Department of Veterans Affairs.
This Act provides that an individual eligible for a refund under this Act and a credit based on being over 65 years of age may receive only the greater of the refund or the credit, not both.
Status: Assigned to Senate Finance Committee 1/28/16, Sponsor: Senator Townsend

Senate Bill #202 w/SA#1:This Act excludes buses operated by the Department of Education, any public school district, or any charter school from the requirements for minimum insurance coverage contained in § 2904, Title 14 of the Delaware Code.  This Act is a follow-up to Senate Bill No. 62, which was passed by the General Assembly during the first session of the 148th General Assembly.” SA #1: “This Amendment makes clear that the insurance required by § 2904, Title 14 is for buses that are used, owned, leased, or operated by a person with a contract the Department of Education, any public school district, or any charter school. In addition, this Amendment makes clear that the changes made by Senate Bill No. 202, as amended, take effect upon the enactment of Senate Bill No. 62 of the 148th General Assembly.”Status: Senate passed 3/15/16, assigned House Education Committee 3/16/16, Sponsor: Senator Sokola ***On House Education Committee agenda for 3/23/16, 3pm

Senate Bill #204:This bill would allow for a student to participate in the Inspire Scholarship Program for eight continuous semesters instead of the current six. This would allow a student to use Inspire Scholarships for each of the semesters during a traditional college program.Status: Assigned to Senate Finance Committee 3/10/16, Sponsor: Senator Bushweller

Senate Bill #207:This Act would improve the state’s response to incidents of school bullying by better informing parents of the availability of intervention by the Department of Justice’s School Ombudsperson, and clarify that the Ombudsperson has authority to intervene in both incidents of criminal activity and incidents that meet the statutory definition of bullying but do not constitute criminal activity. This Act would also give schools and victims’ families discretion whether to report misdemeanor assault incidents between juveniles to law enforcement agencies, rather than mandating the involvement of the criminal justice system in all such incidents. Finally, the Act would ensure that parents of students involved in bullying incidents are informed that such incidents are reported to the Department of Education, and are informed when such reports occur.Status: Assigned to Senate Judiciary  Committee 3/10/16, Sponsor: Senator Rose-Henry

Senate Bill #208 w/SA #1:This Act makes the following technical corrections to two online privacy protection bills passed during the General Assembly’s 2015 session: (i) the Act amends Section 1204C of the Delaware Online Privacy Protection Act, Chapter 12C, Title 6, to insert language that was inadvertently omitted from the bill as enacted; (ii) the Act amends Section 8105A of the Student Data Privacy Protection Act, Chapter 81A, Title 14, to correct a typographical error; and (iii) the Act amends Section 5 of the enacting bill, Chapter 149, Volume 80 of the Laws of Delaware, to correct a misinterpretation of the effective date of new Chapter 81A, Title 14 of the Code.” SA #1:This amendment clarifies that the term “sexually-oriented” has the meaning set forth in § 1602(18) of Title 24. Status: released from Senate Education Committee 3/16/16, on Senate Ready List, Sponsor: Senator Blevins 

 

The following bills were either introduced and passed this session or were carry-overs from the first part of the 148th General Assembly and passed this year:

House Bill #85:This bill allows school taxes and property taxes to be collected by tax intercept.” Status: Passed House of Representatives 1/26/16, Passed Senate 3/10/16, Signed by Governor Markell 3/17/16, Sponsor: Rep. D. Short

House Joint Resolution #4 w/House Amendments #1,2,3:Many students in Delaware schools are failing to receive the education and training that is required to achieve the financial literacy required to be productive citizens.  This joint resolution is designed to establish a task force to study and make findings concerning financial literacy education in Delaware. The task force will also make policy and program recommendations that will help increase the financial literacy of our students.” HA #1: This amendment clarifies that the 2 teachers to be appointed by the President of the Delaware State Education Association and adds two representatives from the Delaware Bankers Association.” HA #2: This amendment changes the report due date to June 30, 2016.” HA #3:This amendment requires that the representatives from the State Board of Education must themselves be members of the Board.” Status: House passed 1/19/16, Senate Passed 1/28/16, signed by Governor Markell 2/1/16, Sponsor: Rep. Briggs-King

House Resolution #22: This Resolution will require the Delaware Secretary of Education to propose options for the General Assembly to consider for adoption as Delaware law as it pertains to the decision by parents to opt their children out of statewide assessments. The Secretary shall provide options for implementation of a uniform procedure and process by which all schools and school districts within this State notify parents of their right to opt out, along with a standard procedure to accomplish the same.   This joint resolution also prohibits the Department and schools from penalizing any student deciding to opt out. It is intended that such prohibition be incorporated within any legislation adopting a procedure offered by the Secretary. Status: House Passed 1/14/16, Sponsor: Rep. Dukes *this House Resolution is not enforceable by law and the Delaware Department of Education has not acted on this at all.

Senate Bill #172: This Act reduces the at-large membership of the Milford School Board from 4 to 3 as of June 30, 2016. The current at-large member holding that seat will continue to do so until the end of his term on June 30, 2016. Status: Passed Senate 1/21/16, Passed House 1/18/16, Signed by Governor Markell 2/3/16, Sponsor: Senator Simpson

 

I would be remiss without giving the official 2016 update on House Bill 50, the opt out bill:

House Bill #50 w/House Amendments #1 and #2, w/Senate Amendments #1 and #2: This bill creates the right for the parent or guardian of a child to opt out of the annual assessment, currently the Smarter Balanced Assessment System. House Amendment #1: This amendment clarifies that the bill only applies to the Smarter Balanced Assessment. The amendment also clarifies that the parent or guardian must give written notice at least two school days prior to the start of the assessment. Finally, the amendment includes an effective date of August 1, 2015″, Senate Amendment #1:This amendment adds “district-wide” to the assessment. This amendment also clarifies what information should be included in the notice.” Senate Amendment #2: “This amendment affords eleventh grade students the opportunity to elect not to participate in the statewide assessment.” House Amendment #2: “This amendment removes the provision that allows eleventh grade students the opportunity to elect not to participate in the statewide assessment.” Status: Passed House 5/22/15 (Senate Amendment #2 stricken that date), Passed Senate 6/25/15, Vetoed by Governor Markell 7/15/15, Placed on House Ready List for potential veto override: 1/14/16, Sponsor: Rep. John Kowalko

 

These bills are leftovers from the 1st part of the 148th General Assembly Session but have moved forward in some way this year:

House Bill #34:This bill will allow a local school district board to delay new or changed rules, regulations, or administrative procedures from becoming effective during a school year once the school year has started. This will allow the rules, regulations, and procedures to be consistent for the whole school year.” With HA #2: “This amendment allows the Department of Education to make changes to rules, regulations, or administrative procedures if required to do so by law or if necessary to address an emergency situation, public health, or safety matter. It further defines the terms administrative procedure.”  With SA#1: This Amendment requires that the restriction only applies when there is a direct financial impact created by the new or amended rule, regulation or administrative procedure. This Amendment also clarifies that Charter Schools are included in the restriction. Status: Passed House 6/30/15, Passed Senate 3/15/16, Passed House w/SA#1: 3/17/15, went to Governor for signature, Sponsor: Rep. Spiegelman

House Bill #61:This bill requires that all public meetings of the boards of education of public school districts, vo-tech school districts, and public meetings of charter schools’ boards of directors be digitally recorded and made available to the public on the districts’ and charter schools’ websites within seven business days. The recordings will not be considered the official board minutes.  Currently the Red Clay Consolidated School District, Christina School District, and the Capital School District on a voluntary basis approved by their boards of education have been providing the public digital recordings of their board public session meetings via the district’s websites.
The Delaware State Board of Education is required by the State Board of Education to make available within one business day digital recordings of its board meetings on the Delaware Department of Education’s website.” Status: Passed House of Representatives 3/10/16, Assigned to Senate Education Committee 3/10/16, Sponsor: Rep. Hudson ***On Senate Education Committee agenda for 3/23/16, 3pm

House Bill #107:This bill articulates the principle that local school districts and school boards should have the authority to select their own leaders and staff from a pool of qualified applicants. These are decisions best left at the local level rather than imposed by a central authority.” Status: Released from House Education Committee 1/20/16, On House Ready List, Sponsor: Rep. Kim Williams

House Bill 165:This legislation requires that all full-time employees of the State, including employees of school districts, continuously in the employ of the state for at least one year, shall be eligible for 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger. Both parents would be eligible for such leave. Employees shall continue to have the right, as they do under current law, to use accrued sick leave for maternity and paternity purposes. This legislation leaves intact the rights of persons adopting a child over 6 years of age to take unpaid leave. Due to lack of adequate paid family leave policies, many parents must return to work sooner than is optimal for the health of mothers (in the case of biological birth) and children. Granting paid leave will contribute to the establishment of parent-child bonds, breastfeeding establishment, and allow infants to receive vaccines and develop stronger immune systems prior to entering daycare. Further, a more generous leave policy will increase the productivity of workers and reduce employee turnover.” Status: released from House Administration Committee 1/27/16, on House ready list, Sponsor: Rep. Debra Heffernan

House Bill 186:Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct post-audits for the time periods starting on or after July 1, 2015.” Status: Passed House 6/30/15, released From Senate Education Committee 1/14/16, On Senate Ready List, Sponsor: Rep. Kim Williams

Senate Bill #161:This Act requires public schools to begin their school year after Labor Day. There have been many economic impact reports done that show a positive impact from starting public schools after Labor Day. A report by the Virginia Hospitality and Travel Association estimates that $369 million would be lost if schools were not required to start after Labor Day. This includes $104 million in wages and $21 million in state and local taxes. Maryland is considering similar legislation. A study of Maryland found that pushing the start of school back would generate $74.3 million in economic activity and $7.7 million in new state and local tax revenue.” Status: released from Senate Education Committee 3/16/16, on Senate ready list, Sponsor: Senator Gerald Hocker

 

And last, but not least, these are holdover bills that SHOULD move forward but they haven’t been heard in committee or are sitting on a ready list waiting for a full vote and have been there since last year:

House Bill #30:This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.” Status: Released from House Education Committee 3/25/15, Assigned to House Appropriations Committee 3/26/15, Sponsor: Rep. Kim Williams

House Bill #117: This Act will create a funding source for students enrolled in Delaware public schools who are determined as low-income according to the Department of Education. This funding source will be in addition to the normal enrollment based funding provided to school districts and charter schools. The low-income unit will provide one unit of funding for every 250 low-income students in grades K-12 where the funding can be used for such purposes as providing additional teachers and paraprofessionals for classroom instruction; additional counselors, school psychologists, social workers, and intervention specialists; Response to Intervention Services; and before and after school programs providing homework assistance, and for support for English language learners. To ensure the low-income resources reach the schools where they are most needed, this Act requires that at least 98% of the units be directed towards the schools that generate the funding unless otherwise waived by a local board of education during a public meeting.” Status: Tabled in House Education Committee 5/13/15, Released from House Education Committee 6/3/15, Assigned to House Appropriations Committee 6/18/15, Sponsor: Rep. Debra Heffernan

House Bill 173:The Department of Education often implements policies and educational requirements based upon directives issued by the United States Department of Education. This Bill will require that any directive received by the Department of Education from the Federal Government be automatically disclosed on the Department of Education website without the necessity for making a Freedom of Information Request.” Status: Assigned to House Education Committee 6/10/15, Sponsor: Rep. Richard Collins

Senate Bill #72:This bill increases the teaching and administrative experience qualifications for the Secretary of Education from 5 years to 10 years. The Bill also clarifies that at least 6 years must be of teaching experience and at least 2 years must be of administrative experience.” Status: Released from Senate Education Committee, on Senate Ready List 5/6/15, Sponsor: Senator Bryan Townsend

Senate Bill #92:Delaware Code Title 14§1332 addresses the Program for Children with Autism and its “Special Staff.” Enacted nearly three decades ago, these regulations established a network of educational programs initially within a separate school structure known as The Delaware Autism Program (DAP). Today, this network continues as a combination of both separate school programs and within local school district support services. In addition, the code designates a Statewide Director who primarily has provided direction, training, and technical assistance within the DAP. However, current practices in special education, especially regarding inclusive education and parents’ desire to have their children educated within their local communities, seem to be incongruent with this older model of service delivery. In addition, the magnitude of the increase in students identified with ASD has clearly created difficulty for the Statewide Director to provide the level of services/support that once was offered. Therefore, the recommended code changes also revise the concept of DAP toward a system in which the Statewide Director would work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This recommendation reconstitutes the regulations to neutralize the distinction between DAP approved programs and other in-district options, thereby, allowing and providing adequate resources to serve on behalf of all student with ASD in Delaware. The number of technical/ training experts has been identified as one expert per 100 students statewide. It is suggested that the fiscal mechanism to support these changes should be through mandated district participation that is congruent with the current needs based funding system in Delaware. Lastly, the current mandatory committee structure is enhanced to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review board. These changes include articulation of the qualifications and duties of the Statewide Director for Students with ASD; the addition of a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions); and the further clarification / additions to the committee structure for family input, monitoring, and protections under human rights. This recommendation recognizes and supports the need for specialized technical assistance and training staff to be available to build capacity for teachers in all districts and other programs educating students with ASD. These changes essentially expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students within them.” Status: Released from Senate Education Committee 6/3/15, Sponsor: Senator Margaret Rose Henry

Senate Bill #93:This bill establishes an Interagency Committee on Autism and the Delaware Network for Excellence in Autism.  Among other things, the Interagency Committee on Autism is charged with a) utilizing evidence-based practices and programs to improve outcomes for people living with Autism Spectrum Disorders (ASD) and related developmental disabilities in Delaware by sharing information, initiatives, data and communications among both public and private agencies providing services and supports for individuals and families affected by Autism Spectrum Disorders in the State of Delaware; and b) implementing the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.”  The Delaware Network for Excellence in Autism is to provide a resource for training and technical assistance for Delaware state agencies, organizations and other private entities operating in the State of Delaware that provide services and support to individuals and families affected by Autism Spectrum Disorders.  The Network is to support the operations of the Interagency Committee on Autism through the maintenance of the website, maintenance of reports created by the Interagency Committee on Autism and maintenance of meeting minutes, as well as other support as needed by the Interagency Committee on Autism.” Status: Released from Senate Education Committee 6/3/15, Sponsor: Senator Margaret Rose Henry

 

 

Leftover Legislation That Needs To Pass Between Now And June In Delaware

The following are bills that, for one reason or another, did not become law by the end of the first part of the 148th General Assembly.  All of these education bills need to happen!  Priority is top down on this list!  I did not include House Bill 50 on this list since that is not leftover legislation since it got the veto, but it will become a major issue in Legislative Hall when it comes up for a veto override!

I updated this article tonight to include the primary sponsors of each bill.  It is good to know which legislator wrote the bill and who to go to if you have questions or concerns about them.

House Bill #30:This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.” Status: Released from House Education Committee 3/25/15, Assigned to House Appropriations Committee 3/26/15, Sponsor: State Rep. Kim Williams

House Bill #117: This Act will create a funding source for students enrolled in Delaware public schools who are determined as low-income according to the Department of Education. This funding source will be in addition to the normal enrollment based funding provided to school districts and charter schools. The low-income unit will provide one unit of funding for every 250 low-income students in grades K-12 where the funding can be used for such purposes as providing additional teachers and paraprofessionals for classroom instruction; additional counselors, school psychologists, social workers, and intervention specialists; Response to Intervention Services; and before and after school programs providing homework assistance, and for support for English language learners. To ensure the low-income resources reach the schools where they are most needed, this Act requires that at least 98% of the units be directed towards the schools that generate the funding unless otherwise waived by a local board of education during a public meeting.” Status: Tabled in House Education Committee 5/13/15, Released from House Education Committee 6/3/15, Assigned to House Appropriations Committee 6/18/15, Sponsor: State Rep. Debra Heffernan

House Bill 186:Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct postaudits for the time periods starting on or after July 1, 2015.” Status: Passed House 6/30/15, Assigned to Senate Education Committee 7/15/15, Sponsor: State Rep. Kim Williams

Senate Bill #92:Delaware Code Title 14§1332 addresses the Program for Children with Autism and its “Special Staff.” Enacted nearly three decades ago, these regulations established a network of educational programs initially within a separate school structure known as The Delaware Autism Program (DAP). Today, this network continues as a combination of both separate school programs and within local school district support services. In addition, the code designates a Statewide Director who primarily has provided direction, training, and technical assistance within the DAP. However, current practices in special education, especially regarding inclusive education and parents’ desire to have their children educated within their local communities, seem to be incongruent with this older model of service delivery. In addition, the magnitude of the increase in students identified with ASD has clearly created difficulty for the Statewide Director to provide the level of services/support that once was offered. Therefore, the recommended code changes also revise the concept of DAP toward a system in which the Statewide Director would work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This recommendation reconstitutes the regulations to neutralize the distinction between DAP approved programs and other in-district options, thereby, allowing and providing adequate resources to serve on behalf of all student with ASD in Delaware. The number of technical/ training experts has been identified as one expert per 100 students statewide. It is suggested that the fiscal mechanism to support these changes should be through mandated district participation that is congruent with the current needs based funding system in Delaware. Lastly, the current mandatory committee structure is enhanced to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review board. These changes include articulation of the qualifications and duties of the Statewide Director for Students with ASD; the addition of a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions); and the further clarification / additions to the committee structure for family input, monitoring, and protections under human rights. This recommendation recognizes and supports the need for specialized technical assistance and training staff to be available to build capacity for teachers in all districts and other programs educating students with ASD. These changes essentially expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students within them.” Status: Released from Senate Education Committee 6/3/15, On Senate Ready List, Sponsor: Senator Margaret Rose Henry

Senate Bill #93:This bill establishes an Interagency Committee on Autism and the Delaware Network for Excellence in Autism.  Among other things, the Interagency Committee on Autism is charged with a) utilizing evidence-based practices and programs to improve outcomes for people living with Autism Spectrum Disorders (ASD) and related developmental disabilities in Delaware by sharing information, initiatives, data and communications among both public and private agencies providing services and supports for individuals and families affected by Autism Spectrum Disorders in the State of Delaware; and b) implementing the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.”  The Delaware Network for Excellence in Autism is to provide a resource for training and technical assistance for Delaware state agencies, organizations and other private entities operating in the State of Delaware that provide services and support to individuals and families affected by Autism Spectrum Disorders.  The Network is to support the operations of the Interagency Committee on Autism through the maintenance of the website, maintenance of reports created by the Interagency Committee on Autism and maintenance of meeting minutes, as well as other support as needed by the Interagency Committee on Autism.” Status: Released from Senate Education Committee 6/3/15, On Senate Ready List, Sponsor: Senator Margaret Rose Henry

House Bill #61:This bill requires that all public meetings of the boards of education of public school districts, vo-tech school districts, and public meetings of charter schools’ boards of directors be digitally recorded and made available to the public on the districts’ and charter schools’ websites within seven business days. The recordings will not be considered the official board minutes.
Currently the Red Clay Consolidated School District, Christina School District, and the Capital School District on a voluntary basis approved by their boards of education have been providing the public digital recordings of their board public session meetings via the district’s websites.
The Delaware State Board of Education is required by the State Board of Education to make available within one business day digital recordings of its board meetings on the Delaware Department of Education’s website.” Status: Released from House Education Committee 5/6/15, on House Ready List, Sponsor: State Rep. Deb Hudson

House Bill 28:Absent an agreement with the school district, charter schools are currently able to retain any funding received for the fiscal year for a student who transfers mid-year from the charter school to a school district. This bill mandates that, if a student transfers from a charter school to a school district after September 30th, such funds will be prorated between the charter school and the school district where the student is then enrolled.” Status: Assigned to House Education Committee 1/22/15, Sponsor: State Rep. Kim Williams

House Bill #34:This bill will allow a local school district board to delay new or changed rules, regulations, or administrative procedures from becoming effective during a school year once the school year has started. This will allow the rules, regulations, and procedures to be consistent for the whole school year.” With HA #1 and 2: “This amendment allows the Department of Education to make changes to rules, regulations, or administrative procedures if required to do so by law or if necessary to address an emergency situation, public health, or safety matter. It further defines the terms administrative procedure.”  Status: Passed House 6/30/15, Assigned to Senate Education Committee 6/30/15, Sponsor: State Rep. Jeffrey Spiegelman

House Bill 173:The Department of Education often implements policies and educational requirements based upon directives issued by the United States Department of Education. This Bill will require that any directive received by the Department of Education from the Federal Government be automatically disclosed on the Department of Education website without the necessity for making a Freedom of Information Request.” Status: Assigned to House Education Committee 6/10/15, Sponsor: State Rep. Richard Collins

House Bill #107:This bill articulates the principle that local school districts and school boards should have the authority to select their own leaders and staff from a pool of qualified applicants. These are decisions best left at the local level rather than imposed by a central authority.” Status: Assigned to House Education Committee 4/23/15, State Rep. Kim Williams

To see all the education legislation that passed, got left behind, was stricken or is just floating out there, please go to the Education Legislation tab at the top of this page, below the title of this blog.

Delaware Education Legislation That Should Have Passed In The 148th General Assembly

I wrote earlier today about education legislation that passed the other day and went to Governor Markell for signature, veto, or no action.  To date, Governor Markell has never vetoed any education bill that has come before him.  But some legislation never gets there.  The following are bills that had tremendous merit, but for various reasons either never got heard in committee, were never voted on, never went to the other side (House or Senate), or were stricken.  Others are bills I’m going to label as very controversial and have danger flags all over them.  I’m not going to list them all, but the most important ones.

House Bill #28 Status: House Education Committee, Sponsor: Rep. Kim Williams, synopsis: Absent an agreement with the school district, charter schools are currently able to retain any funding received for the fiscal year for a student who transfers mid-year from the charter school to a school district. This bill mandates that, if a student transfers from a charter school to a school district after September 30th, such funds will be prorated between the charter school and the school district where the student is then enrolled.  

What Happened: This is the first of the many Kim Williams education bills she introduced this year.  While she has quite a few on this list, a lot of her bills passed.  She really took off, right from the very beginning of this year’s session, to get education bills out there to correct a lot of the injustices set up in the budget and with the way the DOE runs things.  Unfortunately, with the heavy-handed pro-education reform Governor Markell and his minions at the DOE, along with Rep. Earl Jaques as head of the education committee, bills like this are hard to be heard along with the stiff lobbying from the Delaware Charter Schools Network.

Prediction: State Auditor reports come out showing more charter financial mismanagement, the state desperately looking for any available funds for the budget, and Jaques either stripped of chairmanship power on the education committee or knocked down a peg or two from Schwartzkopf in the coming days of elections, and this one will pass.  The charter party in Delaware is going to get crashed, and it will change the entire landscape they are used to living in.  It wouldn’t shock me if amendment were added stripping charters from their transportation slush fund where they get to keep their excess funds from their transportation budget.  It will get strong opposition from the Republicans, but even some of them will realize the public will remember that come vote time!

House Bill #30 Status: sent to Appropriations Committee, Sponsor: Rep. Kim Williams, synopsis: This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.

What Happened: The budget.  This bill has a $7.5 million fiscal note.  The sad part is these students should have always been provided this funding from the get-go.  Unfortunately, this bill will be one of those that will rise or fall based on the budget next year.

Prediction: The IEP Task Force will reconvene, and in conjunction with House Bill 117, the Wilmington redistricting push, and the Senate Resolution group looking at funding, as well as IMMENSE pressure from this blog, it could pass.  Special education is about to become a huge topic in Delaware, bigger than at any time before.  Trust me on this!

House Bill #34 Status: sent to Senate Education Committee, Sponsor: Rep. Jeff Spiegelman, synopsis: This bill will allow a local school district board to delay new or changed rules, regulations, or administrative procedures from becoming effective during a school year once the school year has started. This will allow the rules, regulations, and procedures to be consistent for the whole school year.

What Happened: this bill, which I loved when it was introduced back in January, just passed the House on the last day of session.  It is a good solid bill which will prevent the DOE from sneaking in regulations during the summer forcing schools to submit to them without any guidance or support once they come back in August.

Prediction: It will pass the Senate, but not right away.  Spiegelman, as a young Republican in the House, wants to show some muscle.  In the Democrat controlled House and Senate, this can be dangerous.  They will not give him what he wants all the time, but they will give him lots of carrots.

House Bill #52 Status: on House ready list, Sponsor: Rep. Deb Hudson, synopsis: Under current educational standards, cursive writing is no longer required to be taught to our students, and many schools have abandoned teaching it to their students. As cursive writing is still an imperative skill in many professions, this bill will make the teaching of cursive writing a requirement for all public schools in Delaware.

What happened: not a lot.  It was released from the education committee.  It had so-so public support, but not a lot.  Both sides had pros and cons on the issue.

Prediction: If the House has a really slow day and Schwartzkopf is in a good mood, it might get to a vote.  I wouldn’t bet on it though.

House Bill #61 Status: on House ready list, Sponsor: Rep. Deb Hudson, synopsis: This bill requires that all public meetings of the boards of education of public school districts, vo-tech school districts, and public meetings of charter schools’ boards of directors be digitally recorded and made available to the public on the districts’ and charter schools’ websites within seven business days. The recordings will not be considered the official board minutes.
Currently the Red Clay Consolidated School District, Christina School District, and the Capital School District on a voluntary basis approved by their boards of education have been providing the public digital recordings of their board public session meetings via the district’s websites.
The Delaware State Board of Education is required by the State Board of Education to make available within one business day digital recordings of its board meetings on the Delaware Department of Education’s website.

What Happened: Pete Schwartzkopf.  I’m guessing the Speaker of the House really hate this bill, cause this is the third year in a row it came out of committee and sat on the ready list.  Also known as the Kilroy’s bill, the charters have fought against it by crying over the “expenses”, but it really isn’t an expensive venture.

Prediction: This will depend on charter school behavior between now and next year.  If the State Auditor finds more bad financial behavior, this could cause Schwartzokpf to finally put it to a vote.  I think it will pass with strong Democrat support, but like House Bill 186, the Republicans will shoot it down because of their strange obsession with charters.  It will pass under this circumstance.  And we can’t forget the Kilroy effect on this bill.  He is very pissed about the treatment of this bill.  He could drum up a lot of public support for this bill, and I will be happy to help him.

House Bill #107 Status: assigned to House Education Committee, Sponsor: Rep. Kim Williams, synopsis: This bill articulates the principle that local school districts and school boards should have the authority to select their own leaders and staff from a pool of qualified applicants. These are decisions best left at the local level rather than imposed by a central authority.

What happened: This bill was a reaction to the DOE and Markell’s priority schools initiative, where six schools were told by the DOE they will get new leaders because of their bad standardized test scores.  The whole priority school controversy died down quick after the WEAC recommendations, but they are still out there.  Red Clay negotiated against the new leaders and won.  Christina is up in the air due to the whole redistricting legislation, Senate Bill #122.

Prediction: This won’t go anywhere, unless the DOE pulls a priority schools sneak attack in the fall causing the dormant issue to rise again.  Then this bill has a fighting change.

House Bill #108 Status: assigned to House Education Committee, Sponsor: Rep. Kim Williams, synopsis: This bill requires that the General Assembly approve any ESEA Flexibility waiver prior to its submission to the U.S. Department of Education.

What happened: Too many bills like this, designed to give the General Assembly more control over the out of control DOE.  With the House Education Committee led by the very-friendly-with-DOE-and-probably-too-much Rep. Earl Jaques, it was never put on the agenda.

Prediction: It will depend on Jaques retaining his chair on the committee.  With numerous issues over House Bill 50 and House Bill 186, it would not shock me if Jaques had a conversation with Speaker of the House Pete Schwartzkopf.  This will also depend on DOE behavior regarding their current ESEA waiver application and next year’s as well.  Another curve ball could come in the form of ESEA reauthorization at a Federal level which would render this bill meaningless if waivers are done away with.

House Bill #117 Status: assigned to House Appropriations committee,  Sponsor: Rep. Deb Heffernan, synopsis: This Act will create a funding source for students enrolled in Delaware public schools who are determined as low-income according to the Department of Education. This funding source will be in addition to the normal enrollment based funding provided to school districts and charter schools. The low-income unit will provide one unit of funding for every 250 low-income students in grades K-12 where the funding can be used for such purposes as providing additional teachers and paraprofessionals for classroom instruction; additional counselors, school psychologists, social workers, and intervention specialists; Response to Intervention Services; and before and after school programs providing homework assistance, and for support for English language learners. To ensure the low-income resources reach the schools where they are most needed, this Act requires that at least 98% of the units be directed towards the schools that generate the funding unless otherwise waived by a local board of education during a public meeting. 

What Happened: The budget.  Another bill with a fiscal note during very tight budget negotiations.  With the already passed Senate Resolution to look at funding in schools, and the strong push from the Wilmington Education Advisory Committee, this bill will be on a fast track in 2016.

Prediction: How much money will we have?  They are already projecting a $160 million deficit in Delaware next year.  Unless revenue starts pouring in, this bill could die on the fiscal vine.

House Bill #161 Status: assigned to House Education Committee, Sponsor: Rep. Deb Hudson, synopsis: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE ESTABLISHING THE PARENT EMPOWERMENT EDUCATION SAVINGS ACCOUNT ACT.

What happened: This one was dead on arrival.  The whole idea of vouchers, which is exactly what these are, is a Republican idea.  In Dover, the Democrats rule and have for many years.  Democrats, the DSEA, and even Governor Markell are dead set against any type of voucher plan.

Prediction: if this even makes it to the House Education Committee, it will be shot down very fast.  And with states like Nevada ruling voucher programs unconstitutional, and Colorado giving a state ruling against them, any potential support for vouchers will quickly fade.  With the upcoming election year, the very thought of vouchers will be brought up by many Republicans, but it is a toxic subject opposed by many.  If you want to see how a voucher system can bring an entire country’s education system to it’s knees, just look at Sweden.

House Bill 173 Status: assigned to House Education Committee, Sponsors: Rep. Richard Collins and Senator Greg Lavelle, synopsis: The Department of Education often implements policies and educational requirements based upon directives issued by the United States Department of Education. This Bill will require that any directive received by the Department of Education from the Federal Government be automatically disclosed on the Department of Education website without the necessity for making a Freedom of Information Request. 

What Happened: Nothing.  It was introduced on 6/10/15, late in the session, by two Republicans.  However, given the shenanigans with the DOE and the many issues legislators conveyed with the DOE this year, this should have been a no-brainer.

Prediction: Up in the air.  There are other bills like this, demanding more transparency and stringent rules for the DOE and State Board.  Can all of them get passed?  It will really depend on how the DOE, Secretary Murphy, and the State Board “play” in the next year.  But this would lend transparency to the DOE, and I can see them wanting this to give the illusion…

House Bill 186 Status: Passed by House of Representatives, Sponsor: Rep. Kim Williams, synopsis of bill: Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct postaudits for the time periods starting on or after July 1, 2015.

What happened: In four words, Delaware Charter Schools Network.  They openly lobbied against the bill, even setting up an email your legislator campaign on their website which several charter schools reached out to parents about.  Meanwhile, charter schools from Dover to Wilmington had allegations and reports coming out regarding financial abuse by school leaders.  This bill rolled the previous Williams sponsored House Bills #53 and 154 into one.

Prediction: more reports will come out from State Auditor Tom Wagner’s office regarding other charter schools under investigation.  DCSN will lobby even harder, but transparency and financial controls will rule the day. Once again, the charter party is coming to an end in 2016. Remember this.  I’m not saying they will disappear, far from it.  But they will be held to higher financial and organizational standards.

Senate Bill #72 Status: on ready list for Senate, Sponsor: Senator Bryan Townsend, synopsis: This bill increases the teaching and administrative experience qualifications for the Secretary of Education from 5 years to 10 years. The Bill also clarifies that at least 6 years must be of teaching experience and at least 2 years must be of administrative experience. 

What Happened: This bill came out around the same time the Delaware State Educators Association and their local organizations in Christina and Red Clay publicly denounced Secretary of Education Mark Murphy with their vote of no confidence.  It immediately became a must-read article for newspapers and bloggers.  Shortly thereafter, the Delaware Association of School Administrators issued the same decree.

Prediction: This one is tough.  While there is certainly not a lot of love for Murphy in Legislative Hall (and in much of Delaware), he does have some things going for him.  This past Monday it was announced he was joining the board of the Council for Chief State School Officers.  This give him even more federal protection under US Secretary of Education Arne Duncan’s gaze.  Rep. Earl Jaques is the DOE’s House boy, so he may not put it on the agenda for the education committee.  As well, he is the perfect patsy for Governor Markell who runs the show.  Murphy does not bend for anyone if it contradicts one of Markell’s education policies.  While I think this is the funniest bill out there, it could set up an even worse situation if it passes.  Imagine a Secretary with the same  mindset as Murphy but more qualified.  Someone with charisma and public appeal.  That could be more dangerous than Murphy could ever be.  Unless Murphy does something colossally stupid over the next year, he isn’t going anywhere.  No matter what passes, Markell will never sign this bill.

Senate Bills #92 & 93 Status: on ready list for Senate vote, Sponsor: Senator Margaret Rose-Henry, synopsis for SB92: Delaware Code Title 14§1332 addresses the Program for Children with Autism and its “Special Staff.” Enacted nearly three decades ago, these regulations established a network of educational programs initially within a separate school structure known as The Delaware Autism Program (DAP). Today, this network continues as a combination of both separate school programs and within local school district support services. In addition, the code designates a Statewide Director who primarily has provided direction, training, and technical assistance within the DAP. However, current practices in special education, especially regarding inclusive education and parents’ desire to have their children educated within their local communities, seem to be incongruent with this older model of service delivery. In addition, the magnitude of the increase in students identified with ASD has clearly created difficulty for the Statewide Director to provide the level of services/support that once was offered.
Therefore, the recommended code changes also revise the concept of DAP toward a system in which the Statewide Director would work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This recommendation reconstitutes the regulations to neutralize the distinction between DAP approved programs and other in-district options, thereby, allowing and providing adequate resources to serve on behalf of all student with ASD in Delaware. The number of technical/ training experts has been identified as one expert per 100 students statewide. It is suggested that the fiscal mechanism to support these changes should be through mandated district participation that is congruent with the current needs based funding system in Delaware. Lastly, the current mandatory committee structure is enhanced to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review board.
These changes include articulation of the qualifications and duties of the Statewide Director for Students with ASD; the addition of a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions); and the further clarification / additions to the committee structure for family input, monitoring, and protections under human rights. This recommendation recognizes and supports the need for specialized technical assistance and training staff to be available to build capacity for teachers in all districts and other programs educating students with ASD. These changes essentially expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students within them.
, synopsis for SB93: This bill establishes an Interagency Committee on Autism and the Delaware Network for Excellence in Autism.  Among other things, the Interagency Committee on Autism is charged with a) utilizing evidence-based practices and programs to improve outcomes for people living with Autism Spectrum Disorders (ASD) and related developmental disabilities in Delaware by sharing information, initiatives, data and communications among both public and private agencies providing services and supports for individuals and families affected by Autism Spectrum Disorders in the State of Delaware; and b) implementing the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.”
The Delaware Network for Excellence in Autism is to provide a resource for training and technical assistance for Delaware state agencies, organizations and other private entities operating in the State of Delaware that provide services and support to individuals and families affected by Autism Spectrum Disorders.  The Network is to support the operations of the Interagency Committee on Autism through the maintenance of the website, maintenance of reports created by the Interagency Committee on Autism and maintenance of meeting minutes, as well as other support as needed by the Interagency Committee on Autism.

What Happened: The budget.  This is one of those crucial bills dealing with a fast-rising population of children and adults with Autism.  This bill will cost a lot of money.   With the budget issues at the end of the session, there was no way this was going to get to a vote.

Prediction: If you thought the opt-out parents were vocal, the General Assembly may want to prepare for these parents.  The Delaware Autism Program is running out of money.  States are obligated under Federal law to provide services.  Cuts will have to be made in the budget to make room for this.  Taxes will increase after the 148th General Assembly closes shop, this is a given.  These bills have to pass.  This is one of the biggest health issues of the future, and if we don’t get control over it now, it will jeopardize thousands and thousands of children and adults with Autism.  If you think we spend a lot of money on residential treatment centers now, that’s a drop in the bucket compared to the future. Anyone who votes no on this bill will instantly be seen as the state pariah and will be voted out of office. This bill will pass, but the cost will be enormous, and sacrifices will need to be made.

Senate Bill #137 Status: on Senate ready list, Sponsore: Senator Harris McDowell, synopsis: Delaware’s Community College System plays a critical role in the State’s economy by providing workforce development and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology associated therewith and establishes the Community College Infrastructure Fund to pay the principal and interest on such bonds. This Act adopts the county vo-tech structure to finance the Fund by authorizing the College’s Board of Trustees to collect a local property tax subject to a cap.

What Happened: it didn’t get heard by the Senate Education Committee until the last week of committee meetings.  Too many other bills demanding to get a vote, got lost in the shuffle.

Prediction: this is one of those what I like to call “sneaky bills” where it gets passed, and all of a sudden citizens start wondering “Why did my taxes go up and I’m paying for community colleges?”  If this passed by June 30th, it wouldn’t have survived the House.  But in 2016, anything can happen with the budget.  This could either get a lot of support or it will die quickly.

Senate Bill #161 Status: Senate Education Committee, sponsor: Senator Gerald Hocker, synopsis: This Act requires public schools to begin their school year after Labor Day. There have been many economic impact reports done that show a positive impact from starting public schools after Labor Day. A report by the Virginia Hospitality and Travel Association estimates that $369 million would be lost if schools were not required to start after Labor Day. This includes $104 million in wages and $21 million in state and local taxes. Maryland is considering similar legislation. A study of Maryland found that pushing the start of school back would generate $74.3 million in economic activity and $7.7 million in new state and local tax revenue.

What Happened: Introduced on the second to last day of the session, this bill was destined to go nowhere by June 30th.

Prediction: This is another one of those downstate bills that aren’t popular in Newcastle and Kent.  This one goes nowhere.  Even if it saved the state money, the effect wouldn’t be seen to balance the budget by 6/30/16.

A lot of these bills will depend on the budget.  This is the reality.

House Bill 50 Update And Other Education Legislation That Passed In The Wee Hours Of The Morning Yesterday

House Bill 50 is waiting.  No action has been taken by Delaware Governor Jack Markell on the parent opt-out legislation.  Matt Albright with the News Journal spoke with Jonathan Dworkin, the spokesman for Governor Markell, and wrote yesterday:

“Markell has not asked for H.B. 50 to be delivered to his desk yet, Dworkin said. Once he receives the bill, he has 10 days to veto it; if he doesn’t, it becomes law with or without his signature.

That means the Legislature would have to wait for a veto override vote until next year unless they call a special session, which is unlikely.”

I checked Delaware state code, and found the following:

“Section 18. Every bill which shall have passed both Houses of the General Assembly shall, before it becomes law, be presented to the Governor;”

The key part concerning this seems to be “presented to the Governor”.  Whose job is it to present a bill to Markell?  The last place House Bill 50 sat in was the Delaware Senate and they passed the bill a week ago today.   I contacted Markell’s office, and they indicated he has ten days to take action on a bill, but when I asked specifically about the bill being “presented”, they did not have an answer but did indicate they would check on that aspect as well as the status of the bill and would get back to me either later today or Monday since their offices are closed tomorrow.

Meanwhile, other education bills passed both the Delaware House and Senate and are also awaiting a signature from Markell.  In no short order:

House Bill 91, passed 7/1, Sponsor: Rep. Sean Matthews, Synopsis: This bill involves the public school immunization program. Currently, the Affidavit of Religious Belief does not expressly alert parents or guardians who file for the religious exemption from the program that the child will be temporarily excluded from school in the event of an epidemic of a vaccine preventable disease. This bill amends the required affidavit so parents or guardians are directly made aware of the possibility of the child’s temporary exclusion from school. The bill also adds that the asserted cause of a medical exemption may be subject to review and approval by the Division of Public Health. Additionally, the bill would require the Division of Public Health to declare an outbreak, rather than the current language of an epidemic throughout the State or a particular definable region thereof.

House Joint Resolution #6 w/House Amendment #1, passed 7/1,  Sponsor: Rep. Earl Jaques, This House Joint Resolution directs the DPAS II Advisory Committee to review and make recommendations to the current educator evaluation system. This Resolution also limits the State Department of Education’s ability to propose changes to certain sections of the Administrative Code.

Senate Bill #61, passed 7/1, Sponsor: Senator David Sokola, This Act clarifies that school buses are not exempt from the requirement to stop at railroad grade crossings regulated by a traffic-control signal or at railroad grade crossings protected by crossing gates or flashing lights. Section 4163 currently is contrary to best safety practices requiring that school buses stop at these types of crossings to ensure optimal safety for students.
This Act also makes additional changes to § 4163 in keeping with the grammar and style guidelines of the Delaware Legislative Drafting Manual.

Senate Bill #62, passed 7/1, Sponsor: Senator David Sokola, This Act updates the minimum insurance coverage requirements for school transportation to reflect current industry standards.

Senate Bill #94, passed 7/1, Sponsor: Senator Brian Bushweller, This Act requires the Department to develop a regulation for the identification of a “military-connected youth”. The Act further provides that this identification is not a public record, is protected by the federal Family Educational and Privacy Act and shall not be used for purposes of determining school achievement, growth or performance. The purpose of this identification is to ensure the necessary individuals at the school level are aware of any military connected youth for services and supports.

Senate Concurrent Resolution #29, passed 7/1, Sponsor: Senator Bethany Hall-Long, This concurrent resolution establishes the Behavioral and Mental Health Task Force to examine mental health in the State of Delaware and make recommendations for the improvement of services and the mental healthcare system. *editor’s note: while this is not a direct education bill, many students would benefit from a better mental health care system in the state

Senate Concurrent Resolution #39, passed 7/1, Sponsor: Senator Colin Bonini,  This Concurrent Resolution forms a working group to make a recommendation as to whether or not the Budget Bill should continue to be treated as a simple majority Bill.  *editor’s note: this working group will take a hard look at funding for charter schools, University of Delaware, and Delaware State University.  Since they are considered corporations under state law, and corporations need a 3/4 majority vote for passage, and currently the budget bill only needs a majority vote, this group will examine this legal anomaly.

Senate Joint Resolution #2 w/Senate Amendment #1, passed 7/1, Sponsors: Senator David Sokola and Rep. Earl Jaques, The amount of testing required of our students and educators has grown significantly in recent years. While the General Assembly recognizes the need to administer assessments that provide valid and reliable data about how Delaware’s students are growing academically, it is also committed to maximizing time in the classroom for our educators to teach, and our students to learn.
The Department of Education is already coordinating an inventory of all assessments required at the state, district, and school level. This Joint Resolution requires the Department of Education to report the inventory results, and any assessments that districts or the state propose to eliminate, to the public and to the House and Senate Education Committees of the General Assembly. It also requires the Department to convene a group, consisting of members of the General Assembly and the public, to conduct an in-depth review of the inventory results and make recommendations for consolidation or elimination of assessments. 

Senate Joint Resolution #4, passed 7/1, Sponsor: Senator David Sokola, While Delaware is deeply committed to preparing every child to reach his or her full potential and succeed in the new economy, the State will not be able to build a world-class education system for its children without modernizing the 70-year-old education funding system. This Joint Resolution establishes the Education Funding Improvement Commission to conduct a comprehensive review of Delaware’s public education funding system and make recommendations to modernize and strengthen the system. The Commission will include stakeholders from across the education system and will submit a report and recommendations to the Governor and General Assembly no later than March 31, 2016. 

House Bill #184, passed 6/30, Sponsor: Rep. Deb Heffernan, This bill establishes a mechanism for persons receiving special education services pursuant to an active Individual Education Plan until the age of 21 to receive license to drive.

House Joint Resolution #7, passed 6/30, Sponsor: Rep. Kim Williams, Recognizing (1) that many of our educators are assuming greater levels of responsibility and demonstrating leadership in their classrooms and schools, (2) that our current educator compensation system does not reflect the work we value in our educators or provide them with a meaningful career pathway or ability to earn additional compensation for assuming additional responsibility, and (3) that we must retain and attract great educators to ensure that our students are prepared to compete in an increasingly global economy, this bill re-establishes the Committee to Advance Educator Compensation and Careers in addition to establishing two sub-committees: the Educator Work Group and the Technical Advisory Group. The Committee will continue its work in developing a plan for an alternative compensation structure and career pathway for educators aligned with the parameters set forth in Senate Bill No. 254, including providing educators with a meaningful career pathway, including higher starting salaries and recognition for working with high-needs students, and significant leadership opportunities for career advancement that keeps talented educators in the classroom.   The Committee must submit updated recommendations to the Governor by March 31st, 2016 with sufficient detail for implementing legislation, and will continue to meet thereafter to issue subsequent recommendations for consideration. 

I will be updating the page on this blog entitled “Education Bills in the 148th General Assembly” over the next week and as Markell makes decisions on these as well.  I also intend to go through all the legislation that was passed over and is left in limbo until January 2016.