Bill Text: DE SCR63 | 2013-2014 | 147th General Assembly | Engrossed


Bill Title: Establishing A Task Force To Examine Means To Improve The Individualized Education Plan (iep) Process For Students In Delaware Public Schools.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Enrolled - Dead) 2014-07-01 - Passed in House by Voice Vote [SCR63 Detail]

Download: Delaware-2013-SCR63-Engrossed.html

SPONSOR:

Sen. Sokola & Sen. Poore, & Rep. M. Smith, & Rep. Ramone

 

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE CONCURRENT

RESOLUTION NO. 63

AS AMENDED BY

SENATE AMENDMENT NO. 1


ESTABLISHING A TASK FORCE TO EXAMINE MEANS TO IMPROVE THE INDIVIDUALIZED EDUCATION PLAN (IEP) PROCESS FOR STUDENTS IN DELAWARE PUBLIC SCHOOLS.



WHEREAS, Individualized Education Plans (IEPs) are the mechanism under federal and state law whereby schools determine what academic and other services should be provided to students with special needs, and what goals should be set for those students; and

WHEREAS, the process of developing IEPs for students in some of our state's schools and school districts is, at best, difficult for parents to understand and navigate, and at worst in some instances, unfair and intimidating to parents; and

WHEREAS, the General Assembly has made efforts over the past several years to improve the IEP process, by passing legislation leveling up the services to which students with disabilities are entitled and legislation making it more economically feasible for parents dissatisfied with their children's IEP to appeal the IEP decision; and

WHEREAS, notwithstanding these improvements, the IEP process does not always result in the best outcome for students with disabilities; and

WHEREAS, it is in the best interest of students with disabilities for Delaware to improve the IEP process used in its schools.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 147th General Assembly of the State of Delaware, the House of Representatives concurring therein, that an IEP Improvement Task Force is hereby created by the General Assembly.

BE IT FURTHER RESOLVED that the membership of the IEP Improvement Task Force shall be as follows:

1.       Two members of the State Senate, a member of the majority party appointed by the Senate President Pro Tem and a member of the minority party appointed by the Senate Minority Leader;

2.       Two members of the House of Representatives, a member of the majority party appointed by the Speaker of the House of Representatives and a member of the minority party appointed by the House Majority Leader;

3.       The Secretary of Education or his designee;

4.       The President of the State Parent Teacher Association or the President's designee;

5.       The chair of the Delaware Developmental Disabilities Council or the chair's designee;

6.       Three representatives of the Governor's Advisory Council on Exceptional Citizens, to be selected by the chair of the Council;

7.       The Governor or the Governor's designee;

8.       The Lieutenant Governor or the Lieutenant Governor's designee;

9.       A representative of the Delaware State Bar Association, to be selected by the President of the Delaware State Bar Association;

10.    The President of the Delaware State Education Association or the President's designee;

11.    Two representatives of the Delaware Association of School Administrators, to be selected by the president of that organization;

12.    Two persons who teach special education in Delaware public schools, to be selected by the task force chair;

13.    Two persons who provide services to children with disabilities in Delaware public schools, to be selected by the task force chair;

14.    One non-attorney who advocates for parents and children in IEP proceedings, to be selected by the task force chair.

15.    Three parents, one from each county, each having a child who has had or currently has an IEP, to be selected by the Senate and House Task Force members.

BE IT FURTHER RESOLVED that the task force shall report to the General Assembly and Governor by January 1, 2015 on the following topics:

1.       Practices being used in other states for development of IEPs that are different from practices in Delaware;

2.       The differences in practices used in different school districts within Delaware for development of IEPs;

3.       Research or other academic evidence of best practices with respect to development of IEPs;

4.       Federal or state law restrictions on changes to Delaware's IEP process;

5.       Potential legislative, regulatory, funding, or other improvements to Delaware's IEP process.

BE IT FURTHER RESOLVED that the chair of the Task Force shall be selected by the President Pro Tem of the Delaware State Senate, with the Lieutenant Governor to serve as temporary chair pursuant to Senate Rule 8(b)(4).

BE IT FURTHER RESOLVED that staff support for the task force shall be provided by the Delaware Department of Education.

BE IT FURTHER RESOLVED that the Delaware Department of Education and all Delaware school districts and charter schools shall respond promptly to requests for information from the task force.


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