State Steals Autism Program From Christina, Students Future In Jeopardy

The State of Delaware stole the Delaware Autism Program from the Christina School District when no one was looking.  With an almost imaginary and very vague loophole in recent legislation, the Delaware Department of Education is now in charge of DAP.  But not so fast…

Governor Carney Embarking On Massive Two-Day Bill Signing Marathon

According to Governor Carney’s public schedule, he might get some blisters on his fingers from signing so many bills.  Tomorrow and Wednesday he will be signing 29 bills at various times of the day.  In the education world, two big bills will get the ink.  The long awaited House Bill #292 which makes drastic changes to the Delaware Autism Program will finally become law.  Another big one is Senate Bill #172 which takes steps to improve transparency in education funding.  It doesn’t go far enough in my opinion.  Nothing will until the public can see where every penny in public education goes.

To see the 29 bills being signed and what they are about, please see below.

Delaware House Passed Very Important Autism Bill

On Tuesday, the Delaware House of Representatives unanimously passed an Autism bill that will delight many parents and advocates in The First State.

State Representative Earl Jaques released the following statement on the House vote:

The House has unanimously passed my bill to enhance services for children with Autism Spectrum Disorder. HB 292 would focus on implementing parent and family input through the enactment of the Parent Advisory Committee, along with additional review boards.

We want to help all students have a quality, inclusive education experience, and this bill will help accomplish that. The hope is to better help children get the Autism services they need in their local communities. The legislation also has the net benefit of creating more educational autism specialist jobs.

This is the synopsis for HB #292:

This Act implements the recommendations of the March 2015 Autism Educational Task Force report regarding § 1332 of Title 14, the Program for Children with Autism and its Special Staff. Enacted nearly three decades ago, this law 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. However, the current model does not reflect current practices in special education, especially regarding inclusive education, and parents’ desire to have their children educated in their local communities. In addition, the increase in students with an educational classification of autism spectrum disorder (“ASD”) has made it difficult for the Statewide Director to provide the level of services and support that once was offered. This Act establishes the qualifications and duties of the Statewide Director and enhances the current mandatory committee structure to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review Board, to increase family input, monitoring, and protections. This Act creates a 3 year pilot program that revises the concept of DAP toward a system in which the statewide Director will work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. It allows for and provides adequate resources for all students with ASD in Delaware by eliminating the distinction between DAP-approved programs and other in-district options and by providing in-state experts at a lower cost than out-of-state residential treatment and consultants. The pilot program created under this Act makes changes that recognize and support 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 expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students who attend them. The pilot program created under this Act establishes a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions). The fiscal mechanism to support the pilot program will be accomplished through mandated district participation that is consistent with the current needs-based funding system in Delaware and by redirecting state spending towards lower cost, community-based supports from out-of-state residential placements. The number of training specialists will be phased in over several years or until the pilot program ends. Finally, this Act is known as “The Alex Eldreth Autism Education Law” in memory Alex Eldreth, who passed away unexpectedly on November 24, 2017, and his dedication to this work.                    

Congrats!  The bill was also released from the Senate Education Committee yesterday.  It has not appeared on the Senate agenda but I anticipate final passage of this bill by June 30th.

Diploma Bill Takes Center Stage In House Education Committee Meeting Today

The diploma bill for students with severe disabilities is on the agenda for the Delaware House Education Committee today.  The bill caused a ruckus of sorts with State Rep. Earl Jaques, State Board of Education member Pat Heffernan, Robert Overmiller, and the Delaware Chamber of Commerce.

House Bill #287 is now HS1 for House Bill #287.  The new changes are as follows:

This Substitute Bill makes the following changes to House Bill No. 287: 1. It changes the name of the new diploma to a “Diploma of Alternate Achievement Standards” instead of a “Diploma of Modified Performance Standards.” 2. It adds a requirement that a student must be eligible to take a statewide alternate assessment to receive the new diploma. 3. The Act takes effect in the academic year after enactment.

But the spirit of the original bill is the same.

…provides the opportunity for schools to award students who meet the requirements of their Individualized Education Plans (“IEP”) a high school diploma which recognizes the accomplishment of having attained a level of performance that is modified from the State graduation requirements but aligned with their established goals and performance outcomes.

As much as those who oppose the bill talk about why they hate the bill, I still fail to understand their rationale.  This isn’t a business bill, this is a student bill.  I think it is very arrogant for big business to dare to intrude on legislation like this.  In my opinion, they have done enough “intruding” in public education to the detriment of students, teachers, and schools.  Most of our schools, teachers, and parents want this bill to pass.  To me, they are your key stakeholders, not the business community.

For Jaques, Heffernan, and Overmiller: two of you have family members with disabilities and one of you serves on the Governor’s Advisory Council for Exceptional Citizens (GACEC).  I am unable to fathom your opposition to this bill.  You are certainly entitled to your opinion.  But, to me, it is not a coincidence that you all opposed opt out of the Smarter Balanced Assessment.  Which is a grueling task and a flawed test for any student, but especially for students with disabilities.  The majority of the GACEC supports the bill.

I anticipate a large crowd for this House Education Committee meeting.  It is being held in the Joint Finance Committee room, not the House Chamber.  It begins at 3:00pm.  If you support this bill, please come out and give public comment.

Other bills on the docket are House Bill #292, relating to services for students with Autism, and House Bill #282, which would allow extra funding for field trips in schools with high concentrations of students with poverty

The Alex Eldreth Autism Education Law Would Bring Big Changes To Delaware Autism Program

It must be education legislation pre-file day today!  State Representative Earl Jaques with a Senate sponsorship by Senator Margaret Rose Henry pre-filed House Bill #292.  This legislation is very similar to the 148th General Assembly’s Senate Bill #92 which failed to get out of the Appropriations Committee due to state budget constraints.  The key difference between HB #292 and SB #92 is the fiscal note was lowered for the new bill.  I love that Alex Eldreth, a longtime advocate for students with Autism in Delaware, is honored with this bill.  Eldreth, from Autism Delaware, passed away in November of 2017.

This Act implements the recommendations of the March 2015 Autism Educational Task Force report regarding § 1332 of Title 14, the Program for Children with Autism and its Special Staff. Enacted nearly three decades ago, this law 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. However, the current model does not reflect current practices in special education, especially regarding inclusive education, and parents’ desire to have their children educated in their local communities. In addition, the increase in students with an educational classification of autism spectrum disorder (“ASD”) has made it difficult for the Statewide Director to provide the level of services and support that once was offered. This Act establishes the qualifications and duties of the Statewide Director and enhances the current mandatory committee structure to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review Board, to increase family input, monitoring, and protections. This Act creates a 3 year pilot program that revises the concept of DAP toward a system in which the statewide Director will work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. It allows for and provides adequate resources for all students with ASD in Delaware by eliminating the distinction between DAP-approved programs and other in-district options and by providing in-state experts at a lower cost than out-of-state residential treatment and consultants. The pilot program created under this Act makes changes that recognize and support 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 expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students who attend them. The pilot program created under this Act establishes a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions). The fiscal mechanism to support the pilot program will be accomplished through mandated district participation that is consistent with the current needs-based funding system in Delaware and by redirecting state spending towards lower cost, community-based supports from out-of-state residential placements. The number of training specialists will be phased in over several years or until the pilot program ends. Finally, this Act is known as “The Alex Eldreth Autism Education Law” in memory Alex Eldreth, who passed away unexpectedly on November 24, 2017, and his dedication to this work.

To read the full legislation, please go here.