HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 287

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STATE HIGH SCHOOL DIPLOMA REQUIREMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 152, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 152. State high school diploma requirements ; certificate of performance .

(a) The Department of Education shall award a "State of Delaware High School Diploma" to a student graduating from a Delaware public high school.

(b) The Department shall award diplomas under subsection (a) of this section to students who:

(1) Successfully complete the prescribed course requirements established by the State, or the district or charter school , if district or charter school credit requirements are higher than those of the State; and

(d) The Department shall issue a Certificate of Performance award a “State of Delaware High School Diploma of Modified Performance Standards” to a student who has met the requirements of the student's Individualized Education Program but has not completed the high school graduation course credit requirements established by the State, or the district or charter school , if district or charter school credit requirements are higher than those of the State for a “State of Delaware High School Diploma” under subsection (a) of this section .

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section.

Section 2. This Act takes effect upon enactment.

SYNOPSIS

This Act replaces the term "Certificate of Performance" with "State of Delaware High School Diploma of Modified Performance Standards." Doing so provides the opportunity for schools to award students who meet the requirements of their Individualized Education Plans ("IEP") a high school diploma which recognizes the accomplishment of having attained a level of performance that is modified from the State graduation requirements but aligned with their established goals and performance outcomes. This high school diploma will be awarded on the same criteria for which some students with special needs are currently issued a Certificate of Performance. Issuing a Certificate of Performance instead of awarding a diploma has had a negative impact on students' employment and education opportunities. Under this Act, a student who successfully completes the requirements of his or her IEP will receive a high school diploma, thereby having access to greater career and education opportunities.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.