DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 32

AS AMENDED BY

SENATE AMENDMENT NO. 1

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

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

Section 1. Amend Chapter 17, 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 until July 1, 2023].

(a) 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:

(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

(e) Programs shall be conducted on a 12-month schedule for children who are identified with severe mental

disability, trainable mental disability, autism, traumatic brain injury, visual impairments including  blindness, deaf-blindness or orthopedic disability, limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Such programs shall not exceed 1282 hours of school attendance and 222 teacher days in length except that in the case of programs for children identified with autism a school district may extend school attendance to 1,426 hours, and in the case of the Division of Visually Impaired teachers, who will work no more than 226 days. Enrollment of pupils beyond 180 days per year in any such program will be on a voluntary basis upon application by the parent, guardian or other person legally responsible for the enrollee. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year.

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

(a) 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:

(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

(e) Programs shall be conducted on a 12-month schedule for children who are identified with severe mental disability, trainable mental disability, autism, traumatic brain injury, visual impairments including  blindness, deaf-blindness or orthopedic disability, limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Such programs shall not exceed 1282 hours of school attendance and 222 teacher days in length except that in the case of programs for children identified with autism a school district may extend school attendance to 1,426 hours, and in the case of the Division of Visually Impaired teachers, who will work no more than 226 days. Enrollment of pupils beyond 180 days per year in any such program will be on a voluntary basis upon application by the parent, guardian or other person legally responsible for the enrollee. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year.