CHAPTER 571

HOUSE BILL NO. 1260

AN ACT TO AMEND CHAPTERS 13, 17, AND 31, TITLE 14, OF THE DELAWARE CODE TO INCLUDE SEVERELY MENTALLY HANDICAPPED CHILDREN UNDER THE JURISDICTION OF THE PUBLIC SCHOOL SYSTEM AND TO PROVIDE AN APPROPRIATION THEREFOR.

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

Section 1. Amend § 1703 (d), Chapter 17, Title 14,Delaware Code by inserting after the words "classes for the trainable mentally handicapped" but prior to the comma (,) the words "and severely mentally handicapped".

Section 2. Amend §1703, Chapter 17, Title 14, Delaware Code, by inserting in that section a new paragraph (e) to read as follows:

"(e) Programs shall be conducted on a 12 month schedule for children who are identified as severely mentally handicapped. Such programs shall not exceed 217 pupil days and 222 teacher days in length. 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 State Board of Education during the eleventh and twelfth months shall be at the rate of; number of days employed multiplied by 1/185 of the particular teacher's entitlement for a regular school year."

words "and severely".

Section 4. Amend §3101, Chapter 31, Title 14, Delaware Code, by renumbering paragraphs (4) through (8) to be (5) through (9) and inserting a new paragraph (4) to read as follows:

"(4) 'Severely mentally handicapped children' means children who, because of very severely retarded intellectual development as determined by individual intellectual assessment and developmental/adaptive behavior, are incapable of being trained in total self-care, socialization, or economic usefulness and who need continued help in taking care of their personal needs."

Section 5. Amend §1321 (e), Chapter 13, Title 14, Delaware Code, by adding to that subsection new items (11), (12), and (13) as follows:

"(11) Specialist--physical therapists for a period of 12 months per year at the rate of 1 for each group of 50 children identified as severely mentally retarded.

(12) Specialist--occupational therapists for a period of 12 months per year at the rate of 1 for each group of 50 children identified as severely mentally retarded.

(13) Specialist--speech therapists for a period of 12 months per year at the rate of 1 for each group of 50 children identified as severely mentally retarded."

Section 6. Amend §1321 (f), Chapter 13, Title 14, Delaware Code, by adding a new sentence to that paragraph to read as follows:

"In the case of physical therapists, occupational therapists, and speech therapists to be employed on account of severely mentally retarded pupils, the provisions of this

subsection shall apply to any combination of school buildings within a district or among districts."

Section 7. The effective date of this Act shall be July 1, 1976.

Section 8. The sum of $624,488 is hereby appropriated to the State Board of Education in order to carry out the purpose of this Act in FY 1977.

Section 9. This is a supplementary appropriation and the funds appropriated herein shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Section 10. Any of the above funds remaining unexpended or unencumbered on June 30, 1977, shall revert to the General Fund of the State of Delaware.

Approved July 20, 1976