CHAPTER 410

FORMERLY

HOUSE BILL NO. 591

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 31, AND CHAPTER 17, TITLE 14 OF THE DELAWARE CODE, RELATING TO EXCEPTIONAL CHILDREN.

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

Section 1. Amend Delaware Code, Title 14, Section §101 by renumbering subsection (5) of that section as number (6) and inserting a new subsection (5) as follows:

'"Disruptive person' means a person who continually exhibits behavior that does not meet minimal standards of conduct established by the school authorities and that are required in the school and classrooms; whose behavior is in defiance of school personnel, disrupts the school instructional program and is antagonistic to other students and the purpose of the school."

Section 2. Amend Delaware Code, Title 14, Chapter 17 by inserting into that Chapter a new Section 1716C to read as follows:

"§1716C. Disruptive Pupil Referral Unit, Funding and Assignment of Funds.

(a) 'Disruptive pupil referral unit' is defined for funding purposes as one funding unit for each enrollee in a school district, grades kindergarten through 12. Funds allocated to a district may be assigned for program purposes to any grade or group of grades subject to subsection (f) of this section."

(b) Each pupil may be counted only once in a district or districts and shall be counted at the same time as other units are counted. For pupils who attend schools in more than one district during each school day, the pupil is to be counted in each school district for the portion of the day that he or she is in attendance there.

(c) 'Disruptive pupil referral unit' shall include pupils meeting the criteria set forth M Chapter 31 of this title as further defined according to rules and regulations of the State Board of Education.

(d) Funds appropriated in support of this unit may be used for expenditures under Division I or Division II for the purchase of services from persons or agencies or for the purchase of supplies or Division III to be used in the teaching of disruptive pupils only, upon the decision of a school district Board of Education to use the funds for that purpose in substitution for the employment of a teacher.

(e) Funding authorized by this section shall be used to supplement regular school programs, and may provide that the assignment of 180 pupa days and 185 employment days described in Section 1305(c) of this Title be assigned during any of the months of a 12-month fiscal year beginning July 1.

(f) Any school district wishing to use funds under any of the options set forth in this section shall make application to the State Board of Education for that use."

Section 3. The implementation of this Act shall be subject to specific appropriation in the annual operating budget.

Section 4. This Act shall become effective July 1, 1982.

Approved July 21, 1982.