CHAPTER 381

FORMERLY

SENATE SUBSTITUTE NO. 3

FOR

SENATE BILL NO. 89

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 31, TITLE 14, DELAWARE CODE, AS IT RELATES TO STANDARDS FOR RESIDENTIAL SERVICES FOR AUTISTIC PERSONS AND JOB TRAINING AND PLACEMENT SERVICES FOR AUTISTIC PERSONS.

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

Section 1. Amend Section 3123, Chapter 31, Title 14, Delaware Code by redesignating the existing paragraph as subparagraph "(a)", inserting after the words "but not limited to" the words "respite care," and striking the last sentence of said subparagraph and inserting in lieu thereof the sentence, "The school district designated by the State Board of Education as the administering agency for a statewide program for autistic pupils shall annually submit in its budget a request for funds for such services."

Section 2. Amend Section 3123, Chapter 31, Title 14, Delaware Code by adding after the first paragraph the following:

"(b) Community-based residential units for autistic children may be operated by a school district designated and approved by the State Board of Education as the administering agency for a statewide program for autistic pupils. When the school district operates a community based residential program, that program shall meet the following minimum standards:

Pre-puberty and post-puberty children shall be housed separately. In no case shall a child under age twelve (12) be housed with a child over age sixteen (16) except as approved by the Human Rights and Peer Review Committees of the Statewide Autistic program.

Residential units shall be provided at the rate of one residential unit for each four residential pupils except that a maximum of five pupils may be housed in one residential unit. Pupils housed for the purpose of respite care, additionally defined to mean a period not to exceed twelve (12) months, shall not be counted with respect to this provision. At no time shall the total number of pupils exceed six (6) including respite placements.

Residential teacher coordinators shall be provided for a period of twelve (12) months per year at the rate of three (3) full-time equivalent teacher coordinators per residential unit.

Residential child care specialists shall be provided for a period of twelve (12) months per year at the rate of six full-time equivalent residential child care specialists per residential unit. The State Board of Education shall determine the necessary educational requirements for the residential child care specialists.

Section 3. Amend §1332, Chapter 13, Title 14, of the Delaware Code by adding thereto a new §(f) to read as follows:

"(f) The State Board of Education shall adopt such rules and regulations to establish and provide for Parent Advisory Committees, a Peer Review Committee, a Human Rights Committee, and appropriate liasons with the Department of Health and Social Services. The State Board of Education shall adopt such rules and regulations to establish and provide for an Autistic Program Monitoring Board, to be composed of no less than seven (7) members and which shall include one (1) non-voting public representative nominated annually by the Delaware Society for Children and Adults with Autism and who does not have a child enrolled in the autistic program. The Statewide Autistic Monitoring Review Board shall review at least annually the identification, evaluation, and educational program and placement of each autistic pupil and the provision for a free appropriate public education to such pupils. Disputes within or between districts or agencies shall be resolved by this Board. Procedural safeguards guaranteed to autistic pupils, their parents or guardians and to local school districts or agencies shall not be diminished by this provision."

Approved July 17, 1984