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
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