CHAPTER 287

APPROPRIATION - TEACHING EXCEPTIONAL CHILDREN

AN ACT TO AMEND TITLE 14, DELAWARE CODE, ENTITLED "EDUCATION" IN REGARD TO EXCEPTIONAL CHILDREN AND APPROPRIATING FUNDS.

WHEREAS, it is the obligation of the State of Delaware to provide educational and training opportunities for all of its children but at this time certain children of limited ability and certain others of more than usual ability are not receiving an adequate education;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 31, Title 14, of the Delaware Code is amended by changing the title of that chapter to read:

Chapter 31. Exceptional children

Section 2. § 3101, § 3102, § 3103, § 3104, and § 3105 of Chapter 31, Title 14, of the Delaware Code are amended to read as follows:

§ 3101. Definitions

As used in this chapter:

"Handicapped children" means children between the chronological ages of 4 and 21 who are physically handicapped, or maladjusted, or mentally handicapped.

"Educable mentally handicapped children" means children who, because of retarded intellectual development as determined by individual psychological examination, are incapable of being educated profitably and efficiently through the regular classroom program, but who may be expected to benefit from special educational facilities designed to make them economically useful and socially adjusted.

"Trainable mentally handicapped children" means children who are incapable of being educated or trained properly as determined by individual psychological examination in special classes for educable mentally handicapped children in public schools and state institutions but who may be expected to benefit from training in a group setting designed to further their social adjustment and economic usefulness in their homes or in a sheltered environment.

"Physically handicapped children" means children who suffer from any physical disability making it impracticable or impossible for them to benefit from or participate in the regular classroom program of the public schools and whose proper education requires a modification of the regular classroom program.

"Maladjusted children" means children who are truant, incorrigible, delinquent, or in need of a special educational program designed to prevent them from becoming truant, incorrigible, or delinquent, or children who, upon the recommendation and approval of the chief administrative officer of a school district and upon the recommendation and approval of the Director of Child Development and Guidance, and upon commitment by courts of competent jurisdiction are assigned to such classes, schools or institutions.

"Gifted children" means children between the chronological ages of 4 and 21 who are endowed by nature with high intellectual capacity. "Gifted children" are those children who have the native capacity for high potential intellectual attainment and scholastic achievement.

"Talented children" means children between the chronological ages of 4 and 21 who have demonstrated superior talents, aptitudes, or abilities. "Talented children" are those children who have demonstrated outstanding leadership qualities and abilities, or whose performance is consistently remarkable in mechanics, manipulative skills, the art of expression of ideas, orally or written, music, art, human relations or any other worthwhile line of human achievement.

§ 3102. Rules and regulations

The State Board of Education shall make and adopt rules and regulations for the education, training and transportation of handicapped, gifted, and talented children.

§ 3103. Special classes and facilities

The State Board of Education and the local school boards shall provide and maintain, under appropriate regulations, special classes and facilities wherever possible to meet the needs of all handicapped, gifted, and talented children recommended for special education or training who come from any geographical area within the State that can be served by such special facilities.

§ 3104. Use of funds

The State Board of Education shall use, or transfer for use to local school districts and state institutions, any fund appropriated to it for any costs for the education and training of handicapped, gifted, and talented children.

§ 3105. Report and examination of handicapped, gifted and talented children not being properly educated and trained

The principals, superintendents, teachers, and visiting teachers in every school district, in accordance with the rules of procedure prescribed by the State Board of Education, shall secure information and report to the State Board of Education, as it may direct, on or before the 15th day of May of each year, and thereafter throughout the year as new cases are discovered, every child within any school district between the chronological ages of 4 and 21, who, because of apparent exceptional physical or mental condition, is not now being properly educated and trained, and thereafter the State Board of Education as it may direct, with the aid of cooperating agencies, shall examine such child and report whether the child is a fit subject for special education and training.

Section 3. Chapter 31, Title 14, Delaware Code is amended by adding a new section as follows:

§ 3108. Advisory Committee

The Governor shall appoint an advisory committee on the needs of exceptional children to serve in an advisory capacity to the State Board of Education and the Board of Trustees of The Delaware State Hospital at Farnhurst.

Section 4. § 1703, Title 14 Delaware Code, amended by striking out the second paragraph of that section and inserting in lieu thereof a new paragraph as follows:

In the cases of exceptional children the following conditions for the calculations of the number of units shall prevail: classes for the educable mentally handicapped, 1 unit for 15 children; classes for the trainable mentally handicapped, 1 unit for 6 children; classes for the socially and emotionally maladjusted, 1 unit for 15 children; classes for the partially sighted, 1 unit for 10 children; classes for the orthopedically handicapped, 1 unit for 10 children; classes for the partially deaf or hard of hearing, 1 unit for 8 children. When classes for the blind are established as approved by the State Board of Education and the Delaware Commission for the Blind, the unit for classes for the blind shall be 8. A major fraction shall be considered a unit and shall consist of any fraction greater than one-half. The number of children mentioned in this paragraph shall not be counted in any other calculation of units.

Section 5. To carry out the provisions of the Act, there is appropriated to the State Board of Education for use or transfer to school districts or institutions which establish and maintain special classes or special facilities for the handicapped, gifted, and talented children the sum of $250,000 for the fiscal year ending June 30, 1958, and a further sum of $280,000 for the fiscal year ending June 30, 1959.

Section 6. This Act is a supplementary appropriation act and funds hereby appropriated shall be paid out of the General Fund of the State of Delaware.

Approved July 24, 1957.