Delaware House Bill 454 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 6-0)
Status: Passed on July 22 2022 - 100% progression
Action: 2022-07-22 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This Act revises the Code to be consistent with federal law. The Individuals with Disabilities in Education Act (IDEA) requires states to make a free appropriate public education (FAPE) available to all children with disabilities between the ages of 3 and 21, inclusive. 20 U.S.C. § 1412(a)(1)(A). The term inclusive requires states to extend eligibility until a students 22nd birthday. The IDEA allows states to limit the age of eligibility for FAPE to students between the ages of 18 through 21 only to the extent state law, practice, or court order limits the provision of public education to all children within those age ranges. 20 U.S.C. § 1412(a)(1)(B). In Delaware, state law and practice provide public education to adults without age limitation. Delaware is one of the few states that has developed a public adult high school, the James H. Groves Adult High School, accommodating those needing an alternative to a regular day-school program. As such, federal law requires Delaware to extend eligibility for children with disabilities through their 22nd birthday. Current statute and regulation extend eligibility to the end of the school year in which a child with a disability turns 21, this Act proposes to keep the established exit point to minimize service interruptions and only change the age from the end of the school year in which a child turns 21 to the end of the school year in which a child turns 22.

An Act To Amend Title 14 Of The Delaware Code Relating To Eligibility For Special Education And Related Services.

Rep. Debra Heffernan [D]	Sen. Nicole Poore [D]	Sen. Laura Sturgeon [D]	Rep. Valerie Longhurst [D]
Rep. Krista Griffith [D]	Rep. Kimberly Williams [D]

2022-06-30 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2022-06-16 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2022-07-22		Signed by Governor
2022-06-30		Passed By Senate. Votes: 21 YES
2022-06-28		Reported Out of Committee (Finance) in Senate with 4 On Its Merits
2022-06-22		Assigned to Finance Committee in Senate
2022-06-22		Reported Out of Committee (Education) in Senate with 6 On Its Merits
2022-06-16		Assigned to Education Committee in Senate
2022-06-16		Passed By House. Votes: 40 YES 1 ABSENT
2022-06-14		Reported Out of Committee (Appropriations) in House with 6 On Its Merits
2022-06-09		Assigned to Appropriations Committee in House
2022-06-08		Reported Out of Committee (Education) in House with 4 Favorable, 8 On Its Merits
2022-06-02		Introduced and Assigned to Education Committee in House

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=109603
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=109603&legislationTypeId=1&docTypeId=2&legislationName=HB454
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#53514
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#53934