House Bill No. 34 requires school boards, including charter schools, to permit public comment on each agenda item presented for a vote at a school board meeting. The public comment period must take place before the school board vote on an agenda item. The school board may reasonably restrict the time, place, and manner of the public comment period. House Substitute No. 1 for House Bill No. 34 makes the following changes: 1. Clarifies that public comment is not required on procedural items on the agenda that require a vote such as a request to approve minutes or enter into executive session; 2. Removes language referring to open meetings; and 3. Makes other non-substantive changes to improve the bill’s clarity.

WHY: DelawareCAN supports this bill in its attempt to provide more transparency during school board meetings and encourage parent and community involvement.

BILL STATUS

Awaits signature from the governor.

• Previously voted on and released from Senate Education and a full Senate vote.
• Previously voted on and released from House Education and a full House of Representatives vote.

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This Act increases funding for preschool children with disabilities who are not counted in either “intensive” or “complex” special education units by revising the current ratio of 12.8 students per unit to 8.4 students per unit for children 3 years of age and older enrolled in a preschool program. This is the same ratio in effect as of July 1, 2023, for K-3 basic special education. The Act also creates a new “preschool 2” unit with a ratio of 7 students per unit. This is to accommodate 2-year-olds with disabilities who are enrolled in school district programs. The Office of Child Care Licensing requires a 1:7 ratio for classrooms that have 2-year-olds in them. The preschool funding change is effective July 1, 2023.

WHY – This act increases the resources allotted to our special education units and allows for more 1:1 connection between children and educators or caregivers.

BILL STATUS

Awaiting a vote on the full House floor.

• Previously voted on and released from House Education

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During the COVID-19 pandemic the U.S. Department of Agriculture eased program restrictions to allow for free breakfast and lunch for all students. With the expiration of U.S. Department of Agriculture waivers on June 30, 2022, Delaware schools participating in the USDA School Breakfast Program and National School Lunch Program were required to return to pre-pandemic policies as they related to free breakfast and lunch meals. At present some Delaware schools and school districts provide free breakfast and lunch meals for all students because the schools qualify for Community Eligibility Provisions based on the percentage of students from low-income households. These schools are reimbursed by the U.S. Department of Agriculture using a formula. This Act would require all schools to offer all students free breakfast and lunch every school day. The Department would reimburse all schools for all expenses not reimbursed by the U.S. Department of Agriculture. The amount of reimbursement, by the Department, for each budget year, for each participating school, will be equal to the federal free reimbursable rate multiplied by the total number of eligible meals that the participating school serves during the applicable budget year minus the total amount of reimbursement for eligible meals served that the participating school receives under the School Breakfast Program and National School Lunch Program. This Act takes effect 30 days after publication in the Register of Regulations of the notice by the Controller General that funds have been appropriated to implement this Act.

WHY – We need to ensure that our schools are caring for the whole child while they are at school and the first step is making sure that they are fed and ready to learn. This bill helps to provide a healthy and nurturing environment for our most vulnerable students.

BILL STATUS

Waiting to be heard in House Education.

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This Act establishes a mental health services unit for Delaware high schools. The unit is phased in over 3 years, beginning in FY2024, to arrive at a final ratio of 250 full-time equivalent students grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 9-12 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in high schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for high school students. Districts and charters should prioritize the hiring of school counselors who provide mental health services over those who provide career counseling. Conforming changes are also made to code sections dealing with mental health units for elementary and middle school students. This Act also creates a reimbursement program to encourage current school employees to gain certifications or professional licensure in critical need mental health areas.

WHY – Children experiencing mental health issues are at a higher risk for dropout, homelessness, and substance abuse, all of which affect their ability to learn. Creating the most safe and supportive situation possible will help increase student outcomes and future performance.

BILL STATUS

Waiting to be heard in House Appropriations Committee.

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This Act requires public institutions of higher learning to grant credit for advanced placement examination scores of 3 or higher. An institution may require a score higher than 3 if the credit is to be used for meeting a course requirement for a particular major or program, provided that the student can receive course credit for that examination in an area outside of the student’s major or program area. The institution must publish its advance placement score policies on its website. This Act takes effect on August 1 following its enactment into law.

WHY – Students that successfully complete an advanced placement course deserve credit for the time and money spent. Requiring institutions to accept a score of 3 encourages more students to take AP courses and continue on to higher education.

BILL STATUS

Waiting for a vote on the full House Floor.

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This Act is Nolan’s Law. The purpose of this legislation is to provide more behavioral health supports to school districts and charter schools in the aftermath of a school-connected traumatic event, which is defined as the death of any student, educator, administrator, or other building employee of a public school. The Department of Education is charged with developing guidance, best practices, and written resources for schools dealing with a school-connected traumatic event. The Department must consult with behavioral health specialists and school-based mental health professional organizations such as NAMI, Delaware, Delaware Association of School Psychologists, Delaware School Counselors Association, and the School Social Workers Association of Delaware. The Department must finalize these items by January 1, 2024. This legislation also requires the Department to cover the costs of grief counseling offered to students for up to thirty days after a school-connected traumatic event. In an effort to create a more standardized approach for the occurrence of a school-connected traumatic event, this bill charges each school district and charter school to establish a detailed crisis response policy that must meet a minimum number of required policies and procedures. Policies must be adopted by the school district or charter and distributed to the Department of Education by September 1, 2024.

WHY – We cannot expect students to learn if they do not receive necessary services following a tragedy. Moreover, we must do everything to ensure that students feel safe in school following a school-connected traumatic event.

BILL STATUS

Awaits signature from the governor.

• Previously voted on and released from Senate Education and a full Senate vote.
• Previously voted on and released from House Education and a full House of Representatives vote.

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This Act establishes a Delaware Educator Apprenticeship Program to be developed by the Department of Education. The Department of Education will work with the Department of Labor to create a program that places aspiring teachers in paid positions in schools, while the teacher candidates complete the training and schooling necessary to become a Delaware credentialed teacher. This program will complement the Grow Your Own Educator Program and teacher residency programs to create a low-cost pathway for aspiring teachers to earn their teaching credentials and will address the educator shortage in Delaware. A pilot program will be created for the 2023-24 school year between 1 institute of higher education and 1 district or charter school. The program shall be expanded if interest and funding is available for the 2024-25 school year and thereafter.

WHY – This bill takes a necessary step in addressing the Delaware teacher shortage. It encourages teachers to stay in Delaware schools when beginning their career.

BILL STATUS

Awaits signature from the governor.

• Previously voted on and released from Senate Education and a full Senate vote.
• Previously voted on and released from House Education and a full House of Representatives vote.

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House Bill No. 66 adds required information to annual reports issued by the Department of Education (Department), currently known as School Performance Data Reports, and which are available on the Department’s website as the Delaware Report Card. Like House Bill No. 66, House Substitute No. 1 for House Bill No. 66 adds the following requirements: 1. That there is a link to these reports on both the home page of the Department’s website and the school choice website. 2. That these reports include a list of career pathways offered at a high school and must continue to include proficiency rates. House Substitute No. 1 for House Bill No. 66 reflects that the Department provides more education-related data than the annual reports required under existing law and that the Department has already made changes to their website in response to House Bill No. 66. The changes the Department has made makes education-related data more user friendly for the public, including links to the reports from more webpages and instructional videos to help people use the data.

WHY – Access to education related data needs to be made as simple as possible to parents and families. This bill moves that important information to the front page of the Department of Education website. However, we regret that the requirement to compare side by side school data has been removed from the original bill language.

BILL STATUS

Waiting for vote on full Senate Floor.

• Previously voted on and released from Senate Education
• Previously voted on and released from House Education and a full House of Representatives vote.

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This Act requires that the superintendent, school leader, or equivalent chief school officer who oversees a school or a charter school where students have single-digit proficiency in English language arts or mathematics, or both, collaborate with the Department of Education and school building-level administration to create a short-term plan to raise performance so that the school no longer has single-digit proficiency. This Act also requires the creation of a long-term plan for how to further improve student performance on State assessments and increase the school’s overall student body achievement proficiency level. This Act does not apply to a school with a plan for comprehensive support and improvement (CSI) or targeted support and improvement (TSI) under 20 U.S.C. § 6311, a school participating in a locally established entity that requires the creation of a plan to improve school performance, or a school required to a create a plan to improve school performance under any other State or federal law. Single-digit proficiency is based on the most recent State assessment data reported under § 124A of Title 14. Under this Act, a superintendent, school leader, or equivalent chief school officer must present the short-term plan and the long-term plan at a school board meeting for approval by the school board. Additionally, the superintendent, school leader, or equivalent chief school officer must provide annual updates, including any proposed changes to the plans as well as information about implementation of the plans. Any changes to the plans must be approved by the school board. The plans must be displayed on the school’s website or webpage and the Department’s website. The short-term plan and the long-term plan must be presented at a school board meeting and displayed on the school’s website or webpage by May 1. The superintendent may stop providing updates about the plans once certain State assessment performance conditions are met. If a school subsequently ceases to meet performance conditions, then the plan must be revised to incorporate strategies to improve performance. This Act also requires the Department to submit an annual report that contains information on schools with single-digit proficiency and schools with an overall student body achievement proficiency level of less than 20% but greater than single-digit proficiency in English language arts or mathematics, including data from prior years. This Act is effective immediately and shall be implemented the first August 1 after enactment of this Act.

WHY – Families need to be made aware of the proficiency ratings at their schools and the steps the schools are taking to improve them. Without plans presented to the public there is a lack of accountability and a structured focus on improved performance.

BILL STATUS

Waiting for vote on full Senate Floor

• Previously voted on and released from Senate Education.
• Previously voted on and released from House Education and a full House of Representatives vote.

Read More About the Bill

This bill updates the State’s charter school law to codify the original intent of charter schools to encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community. The substitute bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14 and provides for the ability to hire the leaders and staff that they deem beneficial to the success of the school’s educational program and the needs of students and staff. There are multiple pathways that people can travel to get to their administrative positions and all of their experiences on their journey are beneficial to the education and success of Delaware’s children. To that end, the substitute bill also defines “Instructional Administrator” at a charter school and the necessary experience and education required. It also directs the Department of Education to work with the Professional Standards Board and the Delaware Charter Schools Network to provide for the implementation of regulations for current and future Instructional Administrators in accordance with this bill. This will require modifications to Regulation 1596 Charter School Leader to make corresponding changes to align with the substitute bill if passed and signed into law. The Department of Education will also work with the Charter Schools Network to develop a “qualified alternative certification program” to provide flexibility for charter schools to hire Instructional Administrators working towards the required licensure and certification.

WHY – Often, and by design, Charter Leaders must operate in ways that are different from our traditional school administrators. In addition to their assumed role, they also have to function as fundraisers, heads of business development, entrepreneurs, and specialists in their charters field of expertise. Having taken a non-traditional path to their position is what allows them to flourish in these roles.

BILL STATUS

Waiting for vote on full House Floor

• Previously voted on and released from Senate Education.
• Previously voted on and released from House Education and a full House of Representatives vote.

Read More About the Bill