CHAPTER 215

FORMERLY

HOUSE BILL NO. 214

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 17, TITLE 14, OF THE DELAWARE CODE TO PROVIDE A TWELVE-MONTH INSTRUCTIONAL SCHEDULE FOR TRAINABLE 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, Chapter 17, Title 14, of the Delaware Code by re-designating present subsection (f) as new subsection (g), by re-designating all subsequent subsections accordingly; and by adding thereto a new subsection (f) which shall read as follows:

"(f) Programs shall be conducted on a twelve-month schedule for children who are identified as trainable 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. The State share of the salary paid to the 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."

Section 2. The sum of fifty-nine thousand dollars ($59,000) is hereby appropriated to the State Board of Education in order to carry out the purposes of this Act in FY 1978. None of the funds appropriated herein shall be used for a purpose or expense not related to the extension of the school program for the trainable mentally retarded from ten to twelve months.

Section 3. 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. Any of said funds remaining unexpended or unencumbered on June 30, 1978, shall revert to the General Fund of the State of Delaware.

Section 4. Teachers and other personnel engaged in the school program for the trainable mentally retarded shall not be required to perform any services not required by existing contract. This section shall not apply to contracts executed subsequent to the effective date of this Act.

Approved February 10, 1978