Legislative Monitor

Welcome to Rodel’s Legislative Monitor, your resource for learning about state legislation related to public education. Below you will find education legislation that saw activity as of January 2018, the start of the second half of the 149th Delaware General Assembly.

Click the hyperlinks in the “Legislation” column for more information such as the current status in the legislative process, full text, and fiscal note. Visitors can now also sort columns by date, number, or sponsor. Synopses include all amendments that have passed or been placed with the bill. This language may summarize the official synopsis of the legislation.

Did we miss a piece of legislation? Let us know. Check back for weekly updates when the legislature is in session.

Also, make sure to check out these additional links in order to know your legislator and learn how a bill becomes law in Delaware. Be sure to check out our recap blogs of the 149th General Assembly.

BILL

SB234

SPONSOR

Townsend

DATE ADD

07/02/2018

Synopsis

Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal, termination). This bill removes the requirement of employment action before disciplinable offenses may be handled by the Department, making this licensure disciplinary structure consistent with how other licensed professions are handled in this State. The bill also creates the power to impose temporary emergency suspensions in those rare instances where a teacher poses a threat to student health, safety, or welfare. Finally, this bill creates the confidential letter of concern that is non-disciplinary and may be used in those instances where a teacher’s behavior is not in violation of the code, but indicative of a practice that is a matter of concern. These two provisions also make teacher licensure discipline more similar to other licensed professions in the State.

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Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal,…

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BILL

HB454

SPONSOR

Heffernan

DATE ADD

07/02/2018

Synopsis

This act promotes diversity of housing in Delaware by acknowledging that not all residential units warrant the same Voluntary School Assessment. Currently, single family residential subdivision projects are subject to the same per unit Voluntary School Assessment as an apartment project, regardless of size and number of bedrooms. The current framework can place an undue burden on multi-family and smaller unit residential projects. This act seeks to mitigate this burden for redevelopment plans by eliminating the Voluntary School Assessment for one-bedroom apartment units, such that the per unit Voluntary School Assessment would be charged only for each residential unit containing two or more bedrooms, and further by reducing the Voluntary School Assessment cap to 2.5 percent of the total cost of the residential unit. This act further recognizes that relief in support of the above-mentioned policy is most appropriate for redevelopment projects where any financial burden on the school system potentially caused by reducing the Voluntary School Assessment is mitigated by taxes previously paid to the school district for the prior development.

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This act promotes diversity of housing in Delaware by acknowledging that not all residential units warrant the same Voluntary School Assessment. Currently, single family residential subdivision projects are subject to…

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BILL

HB456

SPONSOR

Jaques

DATE ADD

07/02/2018

Synopsis

This act amends Titles 14, 16, 17, 26, and 29 of the Delaware Code to prohibit the use of lead paints on outdoor structures such as bridges, water towers, playground equipment, highways, parking lots, and utility towers and poles, in order to protect public health from the dangers of such paints. More specifically, Section 1 of this act substantively amends Title 16 to add a new Chapter 30M setting forth the general prohibition of use of lead paints on outdoor structures after specified effective dates. Section 2 of this act amends Titles 17, 26, and 29 to reference back to the new Title 16 Chapter 30M prohibitions. Section 3 requires the Department of Natural Resources and Environmental Control to develop regulations governing the removal of lead paint from outdoor structures consistent with this act.

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This act amends Titles 14, 16, 17, 26, and 29 of the Delaware Code to prohibit the use of lead paints on outdoor structures such as bridges, water towers, playground…

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SPONSOR

Bolden

DATE ADD

07/02/2018

Synopsis

This act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee by doing the following: (1) Establishing 2 new, nonvoting members to serve on the State Board of Education (“Board”). The new members are a former Delaware Teacher of the Year and a Delaware 11th or 12th grade student. (2) Defining the duties of the Board’s Executive Director. (3) Clarifying that the Executive Director is selected by the Board; is an employee of the Department of Education, subject to all of the Department’s employment policies and procedures; but serves at the pleasure of the Board. (4) Requiring the Board to rotate its meetings among the 3 counties of this State in such a way to facilitate parents’, teachers’, and other community members’ attendance. (5) Establishing the circumstances under which a Board member may be removed, using language standard to boards and commissions in this State. (6) Requiring the Board to permit public comment on each agenda item prior to voting on the item and in proximity to the time at which the Board discusses the item. An exception is provided if, under Delaware law or Department or Board rules, the item has a formal comment period or a process for making a record in an administrative matter that has closed before the Board’s discussion of the agenda item. Examples of matters that qualify for the exception include charter school applications or formal reviews, amendments to Department of Education and Professional Standards Board regulations, and student appeals. The intent of the exception is to exclude Board actions that are quasi-judicial in nature and therefore not appropriate to open to public comment. This act also corrects 2 internal references and makes other technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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This act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee by doing the following: (1) Establishing 2 new, nonvoting members to serve on the State Board of…

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BILL

SB242

SPONSOR

Walsh

DATE ADD

07/02/2018

Synopsis

This act creates Pay for Success contracts. A Pay for Success contract is an agreement between a state agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The state agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the state agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a state agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative. This amendment requires that specific procedures be established for Pay for Success contracts that involve early childhood education or public education. This amendment also creates a working group that will make recommendations to the Office of Management and Budget regarding these procedures.

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This act creates Pay for Success contracts. A Pay for Success contract is an agreement between a state agency and either a program intermediary or an investor under which an…

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BILL

HB483

SPONSOR

Ramone

DATE ADD

07/02/2018

Synopsis

This act creates a training minimum wage and a youth wage that is not more than $0.50 less than the minimum wage rate that becomes effective January 1, 2019. The increase in the minimum wage to $8.75 is also effective January 1, 2019.

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This act creates a training minimum wage and a youth wage that is not more than $0.50 less than the minimum wage rate that becomes effective January 1, 2019. The…

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BILL

HB402

SPONSOR

Lynn

DATE ADD

06/25/2018

Synopsis

Previously, a school superintendent was required to notify the DMV any time a student was expelled from a public school, at which time the DMV was permitted to suspend or refuse to issue or renew the expelled student a driver’s license. This bill eliminates the ability for the DMV to suspend a student’s driver’s license who has been expelled from a public school.

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Previously, a school superintendent was required to notify the DMV any time a student was expelled from a public school, at which time the DMV was permitted to suspend or…

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SPONSOR

Hensley

DATE ADD

06/25/2018

Synopsis

This concurrent resolution establishes a Task Force to investigate the cost of special education and make recommendations related to cost efficiency. Adopted in lieu of the original bill HCR 34, and Assigned to Education Committee in House.

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This concurrent resolution establishes a Task Force to investigate the cost of special education and make recommendations related to cost efficiency. Adopted in lieu of the original bill HCR 34,…

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BILL

HB433

SPONSOR

K. Williams

DATE ADD

06/25/2018

Synopsis

This act expands the pathways to entering an alternative routes for teacher licensure and certification program (“ARTC”) casting a wider net in order to attract a diverse pool of qualified candidates into the field of education as the need for teachers, particularly in critical needs areas, has increased. It also clarifies district and charter school responsibilities and ARTC program provider responsibilities, to assure proper supports are in place. Under this act, attainment of final licensure and certification is contingent on meeting all ARTC program requirements, demonstrating effective teaching based on a state-approved evaluation system, and attaining passing scores on applicable and available approved content readiness exams and a performance assessment. These exit requirements hold ARTC participants to the same high standards for final licensure and certification as those entering the field from a typical teacher pre-service program. This act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.

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This act expands the pathways to entering an alternative routes for teacher licensure and certification program (“ARTC”) casting a wider net in order to attract a diverse pool of qualified…

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BILL

HB438

SPONSOR

Potter

DATE ADD

06/25/2018

Synopsis

This act eliminates the ability of a court to suspend a student’s driving privileges or hunting license for truancy.

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This act eliminates the ability of a court to suspend a student’s driving privileges or hunting license for truancy.

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BILL

HB352

SPONSOR

Longhurst

DATE ADD

06/25/2018

Synopsis

This act permits licensed child care providers, who successfully complete a state-approved medication training, to administer medication to children in their care, including by non-intravenous injection, if a child has a medical need during child care hours that requires it. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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This act permits licensed child care providers, who successfully complete a state-approved medication training, to administer medication to children in their care, including by non-intravenous injection, if a child has…

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SPONSOR

Townsend

DATE ADD

01/25/2018

Synopsis

This bill amends the membership of the Behavioral Health Consortium to include two members of both the House and Senate, a member from the Ability Network of Delaware, and the Mental Health Association in Delaware. The bill also extends the date the first report is due from March 1, 2018 to April 16, 2018.

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This bill amends the membership of the Behavioral Health Consortium to include two members of both the House and Senate, a member from the Ability Network of Delaware, and the…

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