Delaware General Assembly

Signed 7/23/10

The General Assembly has ended, the current status is the final status.

5/6/10

Schooley

Sen. Sokola

Reps. Barbieri, Carson, Jaques, Q. Johnson, Lavelle, Longhurst, Manolakos, Mitchell, Hudson, Miro, Ramone, Schwartzkopf, Scott
Sen. Ennis, McDowell

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION

This Act aligns Delaware law with the federal requirements of the reauthorized Individuals With Disabilities Education Act relating to the content of prior written notice, the requirements for the appointment of educational surrogates, and the applicable timelines for an administrative due process hearing. In December 2004, Congress amended and reauthorized the Individuals With Disabilities Education Act, 20 U.S.C. §1400, et seq. This Act also changes the terminology of “handicapped person” to “child with a disability” to reflect the change in federal law and the preferred “people first” language. In addition, this Act clarifies that a child with a disability who attains the age of 21 during a school year, may continue and complete the school year. This Act removes language related to defining children as “rare and complex” when contemplating publicly-funded private placement and uses language consistent with IDEA.

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Takes effect upon being signed into law

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