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SPONSOR: |
Rep. K. Williams & Sen. Sturgeon |
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Reps. Baumbach, Bentz, Bush, Chukwuocha, Heffernan, Lambert, Longhurst, Lynn, S. Moore, Osienski; Sens. Lockman, S. McBride, Poore, Sokola, Walsh |
HOUSE OF REPRESENTATIVES
151st GENERAL ASSEMBLY
HOUSE BILL NO. 144
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FUNDING FOR PREKINDERGARTEN SPECIAL EDUCATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §1703, 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].
(a) “Unit” or “unit of pupils” is defined according to this 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:
Preschool ─ 11.3
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
(b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction.
(c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for full-day kindergarten.
(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 11.3 students. The kindergarten through third grade unit (K-3) 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 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.
(1) Preschool unit. — a. Student shall be counted in the preschool unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit described below and is any of the following :
1. Eligible for special education and related services from birth; or birth.
2. At least 3 years of age; or age,
3. Eligible as described in the interagency agreement with the Department of Health and Social Services; or Services.
4. Not yet entered kindergarten.
b. The following provisions shall apply to the preschool unit:
1. Partial unit funding is provided for between 1 and 12.8 11.3 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. Districts must use all funds generated by preschool unit to support services for the students counted in the preschool unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title.
5. Districts may use tuition to pay for the local share and excess costs of special education and related services.
6. The units are considered teacher/instructional units for purposes of other unit counts.
7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool unit.
Section 2. Amend §1703, 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].
(a) “Unit” or “unit of pupils” is defined according to this 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:
Preschool ─ 9.8
K-3 — 16.2
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
(b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction.
(c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for full-day kindergarten.
(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 9.8 students. The kindergarten through third grade unit (K-3) 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 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.
(1) Preschool unit. — a. Student shall be counted in the preschool unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit described below and is any of the following :
1. Eligible for special education and related services from birth; or birth.
2. At least 3 years of age; or age,
3. Eligible as described in the interagency agreement with the Department of Health and Social Services; or Services.
4. Not yet entered kindergarten.
b. The following provisions shall apply to the preschool unit:
1. Partial unit funding is provided for between 1 and 12.8 9.8 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. Districts must use all funds generated by preschool unit to support services for the students counted in the preschool unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title.
5. Districts may use tuition to pay for the local share and excess costs of special education and related services.
6. The units are considered teacher/instructional units for purposes of other unit counts.
7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool unit.
Section 3. Amend §1703, 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].
(a) “Unit” or “unit of pupils” is defined according to this 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:
Preschool ─ 8.4
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
(b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction.
(c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for full-day kindergarten.
(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 8.4 students. The kindergarten through third grade unit (K-3) 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 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.
(1) Preschool unit. — a. Student shall be counted in the preschool unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit described below and is any of the following :
1. Eligible for special education and related services from birth; or birth.
2. At least 3 years of age; or age,
3. Eligible as described in the interagency agreement with the Department of Health and Social Services; or Services.
4. Not yet entered kindergarten.
b. The following provisions shall apply to the preschool unit:
1. Partial unit funding is provided for between 1 and 12.8 8.4 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. Districts must use all funds generated by preschool unit to support services for the students counted in the preschool unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title.
5. Districts may use tuition to pay for the local share and excess costs of special education and related services.
6. The units are considered teacher/instructional units for purposes of other unit counts.
7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool 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 will result in increased funding for preschool children with disabilities who are not 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 consistent with the ratio of students per unit in Basic Special Education for students enrolled in grades 4-12. The reduction of students per unit will be phased in over three years; in the first year, the number of students per unit will be 11.3, in the second year, the number of students per unit will be 9.8, and in the third year the number of students per unit will be 8.4.
This Act also makes changes to existing law to make it consistent with the Legislative Drafting Manual.