Delaware-2009-HB436-Draft

Section 1.Amend Title 14, Chapter 2, §203 of the Delaware Code by deleting the word "schools" as it appears in the heading of the section and replace with the word "programs".

Section 2.Amend Title 14, Chapter 2, §203 of the Delaware Code by deleting the words "special schools or" as they appear in the first sentence.

Section 3. Amend Title 14, Chapter 2, §203 of the Delaware Code by deleting the second sentence in its entirety; and further amend this section by adding the language ", programs for persons who are truant or insubordinate" between the words "bilingual programs" and "or" as they appear in the last sentence therein.

Section 4.Amend Title 14, Chapter 6, §603 of the Delaware Code by deleting the words "handicapped children" as they appear in the first and second sentences in subsection (b) and replace with the words "children with disabilities" and "children" respectively.

Section 5.Amend Title 14, Chapter 6, §604 of the Delaware Code by deleting the title of the section in its entirety and replacing with the words "Special programs" therein.

Section 6. Amend Title 14, Chapter 6, §604(a) of the Delaware Code by deleting the language "attends special classes for the handicapped" as it appears in the first sentence and replacing with the words "is counted in the Preschool, Intensive or Complex unit and attends school in a program"; further amend this sentence by adding the words "is in" between the words "or" and "an" as they appear; and further amend this sentence by deleting the words "of the handicapped" as they appear therein.

Section 7. Amend Title 14, Chapter 6, §604(a) of the Delaware Code in the second sentence by deleting the words "handicapped persons" and replacing with the words "children with disabilities"; further amend this sentence by deleting the words "nonhandicapped persons" and replacing with the words "persons without disabilities"; and further amend this sentence by striking the words " and students served through the program for children with disabilities" as they appear therein.

Section 8. Amend Title 14, Chapter 6, §604(b) of the Delaware Code by deleting the language "attending special classes for the handicapped" as it appears in the first sentence and replacing with the words "counted in the Preschool, Intensive or Complex units"; further amend this sentence by adding the words "for a person without disabilities attending" between the words "or" and "approved".

Section 9.Amend Title 14, Chapter 6, §604(c) of the Delaware Code by deleting the words "of the handicapped" as it appears in the first sentence and replacing with the words "for children with disabilities".

Section 10.Amend Title 14, Chapter 6, §606 of the Delaware Code by deleting the words "handicapped pupil" as it appears in the first sentence and replacing with the words "child with a disability"; and further amend this sentence by deleting the word "special" as it appears before the word "school".

Section 11. Amend Title 14, Chapter 6, §606(1) of the Delaware Code by deleting the words "Handicapped children" as they first appear in the first sentence and replace with the words "Children with disabilities"; further amend this sentence by deleting the language "special school for handicapped children" and replacing with the language "district to receive special education and related services"; and further amend this sentence by deleting the language "region served by the special school".

Section 12. Amend Title 14, Chapter 6, §606(2) of the Delaware Code by deleting the language "handicapped students attending the special school" as it appears in the second sentence and replace with the language "children with disabilities counted in Preschool, Intensive or Complex units".

Section 13.Amend Title 14, Chapter 13, § 1321(e) of the Delaware Code by deleting subsections "(5), (6), (13), (14), and (20)" in their entireties and renumbering accordingly.

Section 14.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in the newly renumbered subsection "(9)" by removing the language "(5)," as it appears therein; further amend this renumbered section by deleting the numbers "(9)" and "(10)" and replacing with the numbers "(7)" and "(8)" respectively.

Section 15.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in the newly renumbered subsection "(10)" by removing the subsection in its entirety and replacing the following paragraph therein:

"(10) Specialist.Related services positions which include physical therapists, occupational therapists, speech language pathologists, school psychologists or other related services specialists as identified indepartment regulations will be funded for a period of 12 months per year at a rate of 1 for every group of3.6children who are counted as Complex; and for a period of 11 months ata rate of 1 for every group of5.5children counted as Intensive; and for a period of 10 months at a rate of1 for every group of 57 children counted in theK-3, grades 4-12 (Regular Education) and the Basic units;"

Section 16.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in the newly renumbered subsections "(11)" by deleting the first paragraph and substituting in lieu thereof the following paragraph:

"(11) Deaf Blind Program Personnel - Four (4) Related service units are assigned to the state-wide deaf-blind program for appropriate therapists and other personnel for 12 months per year."

Section 17.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in subparagraph b. of the newly renumbered subsection "(11)" by deleting the first sentence in its entirety;further amend this subparagraph by adding the words "under this section" before the words "is exercised" in the second sentence.

Section 18.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code insubparagraph c. of the newly renumbered subsection "(11)" by deleting the language beginning with the words "as a statewide coordinator" through the end of the subparagraph and replacing with the following language "a statewide coordinator at the principal's rank and salary" therein.

Section 19.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in the newly renumbered subsection "(12)" by removing the subsection in its entirety and replacing in lieu thereof the following:

"(12) Specialists.All related services units are earned at the district or charter school level.Preschool, Basic, Intensive and Complex related services units earned must be used to support related services needs of students in those units.For the K-3, the 4-12 (Regular education) and the Basic units, this means all students.Districts may use earned units to hire any related services staff necessary or alternatively choose to provide all or part of those services through a contractual arrangement with a public or private agency.When providing services by contract, the dollar value of the contracts shall not exceed the authorized salary for a teacher at the Master's level plus 10 years and employed for a period of 12 months per year, divided by the number of months in the terms of the contract as provided for in14 Del. Code §1305 of this title.Partial unit funding is provided based on the dollar value of the unit.Any school district wishing to use funds under the contractual option set forth in this section shall make application to the Department of Education for that use; provided that the State Board may review any objection to the Department decision;"

Section 20.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in the newly renumbered subsection "(13)" by removing the subsection in its entirety and replacing in lieu thereof the following:

"(13) Teachers, Class aides and other personnel.For units deemed Intensive or Complex, units must be used to hire teachers, class aides, related services personnel or for contractual services for these or other student-related services.100% of Intensive units must support the students that generate those units;100% of Complex units must support the students that generate those units;"

Section 21.Amend Title 14, Chapter 13, §1321(e) of the Delaware Code in the newly renumbered subsection "(15)" by changing the number "(7)" to the number "(5)" therein.

Section 22.Amend Title 14, Chapter 13, §1321 of the Delaware Code in the subsection "(f)" by deleting the language in its entirety and relettering accordingly.

Section 23.Amend Title 14, Chapter 13, §1324 of the Delaware Code by deleting subsection "(a)" in its entirety and relettering accordingly.

Section 24.Amend Title 14, Chapter 13, §1324 of the Delaware Code in the newly relettered (d) by striking the "(d)" as it appears twice in the subparagraph and replacing in lieu thereof the letter "(c)".

Section 25. Amend Title 14, Chapter 13, §1331(a) of the Delaware Code by deleting subparagraphs "(1)" and "(2)" in their entireties and renumbering accordingly.

Section 26. Amend Title 14, Chapter 13, §1331(a) of the Delaware Code in the newly renumbered subparagraph "(1)" by deleting the language beginning with "10" and ending with the word "pupils" and replacing in lieu thereof the following language "60 children enrolled in Sterck School" therein.

Section 27. Amend Title 14, Chapter 13, §1331(a) of the Delaware Code in the newly renumbered subparagraph "(2)" by deleting the language beginning with the word "deaf" and ending with the word "program" and replacing in lieu thereof the language " pupils enrolled in the Sterck School and served in the regular education classroom" therein.

Section 28.Amend Title 14, Chapter 13, §1331(a) of the Delaware Code in the newly renumbered subparagraph "(3)" by deleting the language beginning with the word "each" and ending with the word "pupils" and replacing inlieu thereof the language "every 60 children enrolled in the Sterck School" therein.

Section 29. Amend Title 14, Chapter 13, §1332 of the Delaware Code by changing the heading from "Program for autistic pupil; special staff" to "Program for children with autism; special staff".

Section 30.Amend Title 14, Chapter 13, §1332(a) of the Delaware Code by deleting the words "serve as administrator for" and replace with the word "administer" and by deleting the words "autistic pupils" and replacing with the words "children with autism"; further amend this subsection by deleting the phrase ", a director-specialist for 8 or more such units of autistic children" in the first sentence; and further amend this subsection by deleting the second sentence in its entirety.

Section 31.Amend Title 14, Chapter 13, §1332 of the Delaware Code by deleting the subsections "(b)" and "(e)" in their entireties and relettering accordingly.

Section 32. Amend Title 14, Chapter 13, §1332 of the Delaware Code in the newly relettered subsection "b" of the Delaware Code by deleting the words " serve as the administering agency" and replace with the word "administer" and further amend this section by deleting the words "autistic pupils" and "autistic persons" and they appear therein and replacing in lieu thereof the words "children with autism" in both places; and further amend by deleting the words "autistic person" and replacing in lieu thereof the words "child with autism" therein.

Section 33. Amend Title 14, Chapter 13, §1332 of the Delaware Code in the newly relettered subsection "(d)" of the Delaware Code by adding after the phrase ", a peer review committee" the following language "which, at the request of the Department of Education, may also review procedures, in accordance with the regulations of the Department of Education, for children with educational classifications other than autism" therein; further amend this subsection by deleting the language "autistic pupils" and substituting the language "children with autism" as it appears therein.

Section 34. Amend Title 14, Chapter 17, §1703(a) of the Delaware Code by deleting the subsection in its entirety and replacing in lieu thereof the following:

"(a) "Unit" or "unit of pupils" is defined according to this schedule

of numbers of pupils enrolled in schools beginning in Kindergarten

and through grade 12; and for children prior to entry into kindergarten who are

eligible for special education services as defined in Chapter 31 of this title:

Beginning July 1, 2010

Preschool – 12.8

K-3 – 16.2

4-12 (Regular Education) - 20

4-12 Basic Special Education (Basic) - 8.4

Pre K-12 Intensive Special Education (Intensive) - 6

Pre K-12 Complex Special Education (Complex) - 2.6"

Section 35.Amend Title 14, Chapter 17, §1703(b) of the Delaware Code by deleting the second sentence in its entirety and substituting in lieu thereof the following sentence: "Partial unit funding is provided for all units based on the cash-in value of the unit.".

Section 36.Amend Title 14, Chapter 17, §1703(c) of the Delaware Code by deleting the subsection in its entirety and replacing in lieu thereof the following:

"In the case of kindergarten, ‘unit" or "unit of pupils" is defined as 32.4 pupils for half day kindergarten and 16.2 pupils for full day kindergarten."

Section 37.Amend Title 14, Chapter 17, §1703(d) of the Delaware Code by deleting the subsection in its entirety and substituting in lieu thereof the following:

"(d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children:

The Preschool unit shall be one unit for 12.8 students.The Kindergarten through third grade unit (K-3) shall be one unit for 16.2 students, except as noted in (c) above.The regular education unit for grades 4 through 12 (4-12 Regular Education) shall be one unit for 20 students.The Basic Special Education (Basic) unit for grades 4 through 12 shall be one unit for 8.4 students.The Intensive Special Education (Intensive) unit for Preschool through grade 12 shall be one unit for 6 students.The Complex Special Education (Complex) unit for Preschool through grade 12 shall be one unit for 2.6 students. Grade 12 is defined as enrollment up until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first, as defined in Chapter 31 of this Title.

(1) Preschool Unit:

(a) A student shall be counted in the Preschool unit if the student is identified as eligible for special education and related services and not counted in the Intensive unit or Complex unit described below and is:

(i) eligible for special education and related services from birth; or

(ii) at least 3 years of age; or

(iii) eligible as described in the Interagency Agreement with the Department of Health and Social Services; or

(iv) not yet entered kindergarten.

(v) Partial unit funding is provided for between 1 and 12.8 students based on the cash-in value of the unit.

(vi) The cash-in value of the unit is tied to the teacher state salary schedule at the Master's level plus10 years of experience as defined in 14 Del. Code §1305(a).

(vii) The units include Division II and III.

(viii) Districts and charter schools must use all funds generated by Preschool unit to support services for the students counted in the Preschool unit.Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level.The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this Title.

(ix) Districts and charter schools may use tuition to pay for the local share and excess costs of special education and related services.

(x) The units are considered teacher/instructional units for purposes of other unit counts.

(xi) A student is not required to receive a minimum number of hours in special education instruction to count in the Preschool unit.

(2) K-3 Unit:

(a) A student shall be counted in the K-3 unit if the student is enrolled in kindergarten through grade 3 and not counted in the Intensive unit or Complex unit described later in this section.

i. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit.

ii. The cash-in value of the unit is tied to the teacher state salary schedule at the Master's level plus 10 years of experience as defined in 14 Del. Code §1305(a).

iii. The units include Division II and III.

iv. The units are covered under the 98% rule as defined in 14 Del. Code §1704(3) and returned to the buildings that generate them.

v. At least 20% of teachers at the K-3 building level must be certified in the area of special education.The units are considered teacher/instructional units for purposes of other unit counts.

(3) 4-12 Regular Education Unit:

(a) A student shall be counted in the Grades 4 -12 unit if the student is enrolled in grades 4 through 12 and not identified as eligible for special education and related services.

i. Partial unit funding is provided for between 1 and 20 students based on the cash-in value of the unit.

ii. The cash-in value of the unit is tied to the teacher state salary schedule at the Master's level plus 10 years of experience as defined in 14 Del. Code §1305(a).

iii. The units include Division II and III.

iv. The units are covered under the 98% rule as defined in 14 Del. Code §1704(3)and returned to the buildings that generate them.

v. The units are considered teacher/instructional units for purposes of other unit counts.

(4) 4-12 Basic Special Education (Basic):

(a) A student shall be counted in the Basic unit if the student is:

i. enrolled in grades 4 through 12; and

ii. identified as eligible for special education and related services; and

iii. not counted in the Intensive unit or the Complex unit described below.

iv. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit.

v. The cash-in value of the unit is tied to the teacher state salary schedule at the Master's level plus 10 years of experience as defined in 14 Del. Code §1305(a).

vi. The units include Division II and III.

vii. The units are covered under the 98% rule as defined in 14 Del. Code §1704(4) and returned to the buildings that generate them.

viii. A student is not required to receive a minimum number of hours of instruction to count as a Student in the Basic unit.

ix. The units are considered teacher/instructional units for purposes of other unit counts.

x. All units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, and social workers.

xi. Districts are authorized to use up to 5% of the units for para-professionals or to cash them in for related services.

(5) Pre-K-12 Intensive Special Education (Intensive):

(a) A student shall be counted in the Intensive unit if the student is:

i. enrolled in pre-school through grade 12; and:

ii. identified as a student eligible for special education; and

iii. is in need of increased instructional, behavioral or personal support as defined by the adult to student ratio of 1:3 to 8 for the majority of the school day.

iv. Partial unit funding is provided for between 1 and 6 students based on the cash-in value of the unit.

v. The cash-in value of the unit is tied to the teacher state salary schedule at the Master's level plus 10 years of experience as defined in 14 Del. Code §1305(a).

vi. The units include Division II and III.

vii. 100% of the units must support the students that generate them.

viii. The student is not required to receive a minimum number of hours of special education instruction to count as a student in the Intensive unit.

ix. The units are considered teacher/instructional units for purposes of other unit counts.

x. Units may be used to hire teachers, class aides, related services personnel or for cash for other related services.

xi. Districts may use tuition to pay for the local share and excess costs of the program.

(6) Pre-K-12 Complex Special Education (Complex):

(a) A student shall be counted in the Complex unit if the student is:

i. enrolled in pre-School through grade 12; and

ii. identified as eligible for special education and related services; and

iii. is in need of a high level of increased instructional, behavioral or personal support as defined by the adult to student ratio of 1:1 to 1:2 for the majority of the school day.

iv. Partial unit funding is provided for between 1 and 2.6 students based on the cash-in value of the unit.

v. The cash-in value of the unit is tied to the teacher state salary schedule at the Master's level plus 10 years of experience as defined in 14 Del. Code §1305(a).

vi. The units include Division II and III.

vii. 100% of the units must support the students that generate them.

viii. The student is not required to receive a minimum number of hours of special education instruction to count in the Complex unit.

ix. The units are considered teacher/instructional units for purposes of other unit counts.

x. Units may be used to hire teachers, class aides, related services personnel or for cash for other related services.

xi. Districts may use tuition to pay for the local share and excess costs of the program

(7) Counting students in Preschool, Basic, Intensive, or Complex units shall be according to rules and rubrics described in Department of Education regulations.

Section 38.Amend Title 14, Chapter 17, §1703(e) of the Delaware Code by deleting the language beginning with the words "as severely" and ending with the words "orthopedically disabled" as they appear in the first sentence and replacing in lieu thereof the language

"with severe mental disability, autism, traumatic brain injury, deaf-blindness or orthopedic disability".

Section 39.Amend Title 14, Chapter 17, §1703(e) of the Delaware Code by deleting the words "autistic children" as they appear in the second sentence therein and replacing in lieu thereof the following words "children with autism".

Section 40. Amend Title 14, Chapter 17, §1703(f) of the Delaware Code by deleting the word "handicapped" as it appears in the first sentence therein and replacing in lieu thereof the word " disabled".

Section 41.Amend Title 14, Chapter 17, §1703(f) of the Delaware Code by deleting the language beginning with "The state share" through the end of the subsection and replacing in lieu thereof the following:

"The state share for programs conducted on a 12-month schedule for children identified in subsection (e) and (f) shall be calculated based on 100% of Complex units and 30% of Intensive units earned.The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the 11th and 12th months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher's entitlement for a regular school year.The calculation using the count of Complex and Intensive units does not establish a right to 12-month programs for students who are counted in those units. 12-month programs are available as described in (e) and (f) of this section. The calculation of 100% of Complex and 30% of Intensive units is used to establish the state share provided in support of 12-month programs as described in (e) and (f).".

Section 42. Amend Title 14, Chapter 17, §1703(g) of the Delaware Code by deleting the language "or major fraction thereof, after the first full unit" and the language "or major fraction thereof" as they appears respectively in the first sentence therein.

Section 43. Amend Title 14, Chapter 17, §1703(i) of the Delaware Code by deleting the language "(A major fractional shall be considered a whole unit)" as it appears therein.

Section 44. Amend Title 14, Chapter 17, §1703(k) of the Delaware Code by deleting the third and fourth sentence therein and substituting in lieu thereof the sentence "Units so established shall be based on statewide needs."

Section 45.Amend Title 14, Chapter 17, §1703(l) of the Delaware Code by deleting the word "persons" and replacing with the word "children" as it appears in the first sentence; further amend this subsection by deleing the language "age 20 inclusive, who are" and substituting in lieu thereof the language "the end of the school year in which the child with a disability turns 21, or the receipt of a regular high school diploma, whichever occurs first, who are classified as".

Section 46.Amend Title 14, Chapter 17, §1703(l) of the Delaware Code by deleting the language beginning with the word ‘"Unit"' to the end of the subsection and substituting in lieu thereof the following:

"Enrollment of children with disabilities in programs other than those administered in the district of residence may occur with the mutual agreement of the district of residence and the district administering the specialized program.The District which accepts and enrolls the child may count that child for unit count purposes and the enrollee shall not be counted in any other school district. The District where the child is enrolled may count that child for the purposes of related services units or any other administrative unit such as Director or Principal."

Section 47.Amend Title 14, Chapter 17, §1703(m) of the Delaware Code by deleting the word "persons" and replacing with the word "children" as it appears in the first sentence; further amend this subsection by deleing the language "age 20 inclusive, who are" and substituting in lieu thereof the language "the end of the school year in which the child with a disability turns 21 or the receipt of a regular high school diploma, whichever occurs first, who are classified as".

Section 48.Amend Title 14, Chapter 17, §1703(m) of the Delaware Code by deleting the language in the subsection beginning with the word‘"Unit"' to the end of the subsection therein.

Section 49. Amend Title 14, Chapter 17, §1703(n)(1) of the Delaware Code by deleting the subparagraph in its entirety and relettering appropriately.

Section 50.Amend Title 14, Chapter 17 §1703 of the Delaware Code in the newly designated "(n)(1)a." by deleting the language beginning with the word "all" and ending with the word "subsection" as it appears in the first sentence and replacing with "establishing a comprehensive and coordinated early childhood system" therein.

Section 51.Amend Title 14, Chapter 17, §1703 of the Delaware Code in the newly designated "(n)(1)b." by deleting the words in thefirst sentence beginning with the word "in" and ending with the word "Disabilities"

Section 52.Amend Title 14, Chapter §1703 of the Delaware Code in the newly designated (n)(1)b in subparagraph "1" by adding the words at the end of the sentence "except for state units for preschool children with disabilities."Respectively further amend this section in subparagraph 5 by deleting the words "Curriculum and Instructional Improvement" and substituting the words "Teaching and Learning".

Section 53. Amend Title 14, Chapter §1703(o) of the Delaware Code by deleting the second sentence in its entirety.

Section 54.Amend Title 14, Chapter 17, §1707(c) of the Delaware Code by deleting the third and fourth sentences in their entireties.

Section 55.Amend Title 14, Chapter 17, §1716A. (a) of the Delaware Code by deleting the subsection in its entirety and replacing in lieu thereof the following:

"(a) Related services unit" is defined for funding purposes as 1 funding unit for each 57 units of the K-3,4-12 (Regular Education) and Basic units. For the Pre K-12 Intensive the ratio shall be 1 funding unit for each 5.5 units. For the Pre K -12 Complex the ratio shall be 1 funding unit for each 3.6 units.Three (3) related services units shall be assigned to support the state-wide deaf-blind program.

Section 56.Amend Title 14, Chapter 17, §1716A. of the Delaware Code by deleting the words "handicapped pupils" as they appear in subsections (b) and (c) and replacing with the words "children with disabilities".

Section 57.Amend Title 14, Chapter 17, §1716A. of the Delaware Code by deleting the language "Pupils because of their handicap" as it appears in subsection (d) and replacing with the words "children with disabilities"; further amend this subsection by deleting the words "handicapped child" and replacing with the words "child with a disability"; further amend this subsection by deleting the word "handicap" and replacing with the word "disability".

Section 58 .Amend Title 14, Chapter 17, §1716A. of the Delaware Code by deleting the words "handicapped pupils" as it appears in subsection (g) and replacing with the words "children with disabilities".

SPONSOR:	Rep. Schooley & Sen. Sokola;
	Reps. Longhurst, Mitchell, Scott, B. Short; Sens. Bunting, Venables