CHAPTER 271

FORMERLY

HOUSE BILL NO. 605

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 31, TITLE 14, DELAWARE CODE, RELATING TO THE TRANSPORTATION OF HANDICAPPED PERSONS RECEIVING PRIVATE PLACEMENT TUITION ASSISTANCE.

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

Section 1. Amend §3124, Title 14 of the Delaware Code by striking subsection (c)(2) thereof in its entirety and substituting in lieu thereof the following:

"(2) 'transportation' or the reimbursement for transportation provided by the State for an eligible handicapped person will be by the most economically feasible means compatible with the person's handicapping condition and approved under rules and regulations of the State Board of Education and according to the following:

1. When the legal residence of a person receiving tuition assistance for private placement is within sixty miles (one way) of the school or institution, the person shall be eligible for round trip transportation or a reimbursement for that transportation on a daily basis.

2. When the legal residence of a person receiving tuition assistance for private placement is in excess of sixty (60) miles but less than one hundred (100) miles from the school or institution, the person shall be eligible for transportation or a reimbursement for that transportation from his or her residence to the school or institution and return on a one round trip per week basis and on such other occasions as may be required because the school is not in session due to scheduled vacations or holidays of the school or institution.

3. When the legal residence of a person receiving tuition assistance for private placement is in excess of one hundred (100) miles from the school or institution, the person shall be eligible for transportation or a reimbursement for that transportation on the basis of one round trip per year from his or her residence to the school or institution and return and at such other times when care and maintenance of the person is unavailable due to the closing of the residential facility provided in conjunction with the school or institution."

Section 2. Costs of such transportation shall be provided from funds appropriated in Senate Bill 353, as amended, First Session, 129th General Assembly (Vol. 61, Laws of Delaware, Ch. 190).

Section 3. The provisions of this Act shall be effective from September 1, 1977.

Approved May 12, 1978.