HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 86

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

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

Section 1. Amend § 1703(a) and (d), Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1703. Unit of pupils. [Effective July 1, 2021 until June 30, 2022]

As used in this chapter:

(a) "Unit" or "unit of pupils" is defined according to this As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title:

Beginning July 1, 2011

Preschool —               12.8

K-3 —                 16.2

4-12 Regular Education —           20

4-12 Basic Special Education (Basic) —         8.4

Pre K-12 Intensive Special Education (Intensive) —       6

Pre K-12 Complex Special Education (Complex) —       2.6

(1) Preschool — 12.8

(2) K-3 Regular Education — 16.2

(3) K-3 Basic Special Education (Basic) — 12.2

(4) 4-12 Regular Education — 20

(5) 4-12 Basic Special Education (Basic) — 8.4

(6) Pre-K-12 Intensive Special Education (Intensive) — 6

(7) Pre-K-12 Complex Special Education (Complex) — 2.6

(d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool unit shall be 1 unit for 12.8 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for kindergarten through grade 3 shall be 1 unit for 12.2 students. The basic special education (basic) unit for grades 4 through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first, as defined in Chapter 31 of this title.

(2) K-3 regular education unit. —

a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit , intensive unit or complex unit described later in this section.

b. The following provisions shall apply to the K-3 regular education unit:

1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts.

(4) 4 -12 K-12 basic special education (basic).

a. A student shall be counted in the basic unit if the student is enrolled in grades 4 through kindergarten through grade 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit described below. under paragraph (d)(6) of this section.

b. The following provisions shall apply to the 4-12 K-12 basic special education ("basic") unit:

1. Partial For grades 4 through 12, partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit. For kindergarten through grade 3, partial unit funding is provided for between 1 and 12.2 students based on the cash–in value of the unit.

Section 2. Amend § 1703(a) and (d), Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1703. Unit of pupils. [Effective July 1, 2022 until June 30, 2023]

As used in this chapter:

(a) "Unit" or "unit of pupils" is defined according to this As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title:

Beginning July 1, 2011

Preschool —               12.8

K-3 —                 16.2

4-12 Regular Education —           20

4-12 Basic Special Education (Basic) —         8.4

Pre K-12 Intensive Special Education (Intensive) —       6

Pre K-12 Complex Special Education (Complex) —       2.6

(1) Preschool — 12.8

(2) K-3 Regular Education — 16.2

(3) K-3 Basic Special Education (Basic) — 10.2

(4) 4-12 Regular Education — 20

(5) 4-12 Basic Special Education (Basic) — 8.4

(6) Pre-K-12 Intensive Special Education (Intensive) — 6

(7) Pre-K-12 Complex Special Education (Complex) — 2.6

(d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool unit shall be 1 unit for 12.8 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for kindergarten through grade 3 shall be 1 unit for 10.2 students. The basic special education (basic) unit for grades 4 through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first, as defined in Chapter 31 of this title.

(2) K-3 regular education unit. —

a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit , intensive unit or complex unit described later in this section.

b. The following provisions shall apply to the K-3 regular education unit:

1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts.

(4) 4 -12 K-12 basic special education (basic).

a. A student shall be counted in the basic unit if the student is enrolled in grades 4 through kindergarten through grade 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit described below. under paragraph (d)(6) of this section.

b. The following provisions shall apply to the 4-12 K-12 basic special education ("basic") unit:

1. Partial For grades 4 through 12, partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit. For kindergarten through grade 3, partial unit funding is provided for between 1 and 10.2 students based on the cash–in value of the unit.

Section 3. Amend § 1703(a) and (d), Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1703. Unit of pupils. [Effective July 1, 2023]

As used in this chapter:

(a) "Unit" or "unit of pupils" is defined according to this As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title:

Beginning July 1, 2011

Preschool —               12.8

K-3 —                 16.2

4-12 Regular Education —           20

4-12 Basic Special Education (Basic) —         8.4

Pre K-12 Intensive Special Education (Intensive) —       6

Pre K-12 Complex Special Education (Complex) —       2.6

(1) Preschool — 12.8

(2) K-3 Regular Education — 16.2

(3) K-3 Basic Special Education (Basic) — 8.4

(4) 4-12 Regular Education — 20

(5) 4-12 Basic Special Education (Basic) — 8.4

(6) Pre-K-12 Intensive Special Education (Intensive) — 6

(7) Pre-K-12 Complex Special Education (Complex) — 2.6

(d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool unit shall be 1 unit for 12.8 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for grades 4 kindergarten through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first, as defined in Chapter 31 of this title.

(2) K-3 regular education unit. —

a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit , intensive unit or complex unit described later in this section.

b. The following provisions shall apply to the K-3 regular education unit:

1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts.

(4) 4 -12 K-12 basic special education (basic).

a. A student shall be counted in the basic unit if the student is enrolled in grades 4 through kindergarten through grade 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit described below. under paragraph (d)(6) of this section.

b. The following provisions shall apply to the 4-12 K-12 basic special education ("basic") unit:

1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit.

Section 4. Section 1 of this Act takes effect on July 1, 2021. Section 2 takes effect on July 1, 2022. Section 3 takes effect on July 1, 2023.

SYNOPSIS

This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4.

This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.