CHAPTER 321

FORMERLY

SENATE BILL NO. 392

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE BY CODIFYING CERTAIN SECTIONS OF THE FISCAL YEAR 2002 BUDGET ACT.

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

Section 1. Amend 14 Del. C. §1076 (f), by adding the following to the end of said subsection:

“While conducting an election or referendum for any Public School district, the district may not charge rent or custodial fees associated with the use of its space. For the clarification of County Department of Elections’ costs relating to public school district elections, Smyrna School District and Milford School District elections will be conducted by Kent County Department of Elections and Woodbridge School District elections will be conducted by Sussex County Department of Elections.”

Section 2. Amend 14 Del. C. c. 13 by adding a new section to read as follows:

Ҥ 1334. Annual work year.

For any section in the Delaware Code that makes reference to the annual work year for teachers in terms of days, such reference can be converted to equivalent hours as follows:

188 Regular Days x 7.5 hours =1,410.0 hours.”

Section 3. Amend 14 Del. C. c. 13 by inserting after § 1334 a new § 1335 to read as follows:

Ҥ 1335. Hours Per Day Per Salary Schedule.

The annual state salaries contained in this chapter are based upon the following:

Schedule Hours Per Day Days Per Year

Schedule 1305 7.5 inclusive of ½ hour lunch 188

Schedule 1308 7.5 exclusive of ½ hour lunch 261

Schedule 1311 8.0 inclusive of ½ hour lunch 261

Schedule 1322(a) 7.0 exclusive of ½ hour lunch 185

Schedule 1324 7.5 inclusive of ½ hour lunch 185

Schedule 1326 7.5 Not applicable

Absent an existing collective bargaining agreement to the contrary, district employees who work less than the specified time shall have their annual salary adjusted accordingly. Upon ratification of a new or extension of an existing collective bargaining agreement, the local district shall establish hours and days worked that are consistent with those specified above.”

Section 4. Amend 14 Del. C. §1702 (a) by inserting between the words “costs” and “, except” the words “and energy”.

Section 5. Amend 14 Del. C. §1702 by adding a new subsection (d) to read as follows:

“(d) Appropriations pursuant to Division II-All Other Costs shall be used for all school costs, including library resources, except salaries and other employment costs, state and local benefits, debt service, energy, and transportation of pupils to and from their regular sessions of school. Appropriations pursuant to Division II-Energy may be used by a school district to obtain engineering studies required for Exxon or Stripper Well funds. A school district upon approval of the Budget Director and the Controller General, may transfer part of its allocated appropriation from Division II-Energy to Division II-All Other Costs.”

Section 6. Amend 14 Del. C. §604 (a) by inserting after the words “pregnant students” in the second sentence the following words: “and students served through the program for children with disabilities”.

Section 7. Amend 14 Del. C. §604 (b) by inserting after the words “pregnant students” in the first sentence the following words: “and students served through the program for children with disabilities”.

Section 8. Amend 14 Del. C. §1703 (n) by designating existing subsection (n) as (n) (1) and by adding a new subsection (n) (2) as follows:

“(n) (2) a. The Interagency Resource Management Committee (IRMC) shall have administrative responsibility for all appropriations made to the Department of Education pursuant to this subsection. The IRMC shall be composed of the following members (or their designee with full voting powers):

1. Secretary of Education who shall be the chairperson of the IRMC;

2. Secretary of the Department of Health and Social Services;

3. Secretary of the Department of Services for Children, Youth and Their Families;

4. Budget Director;

5. Controller General.

The affirmative vote of a majority of all members shall be required to take action.

b. The IRMC was created to promote interagency collaboration in the service of those eligible for the Program for Children with Disabilities, to promote the cost-effective use of existing resources -- federal and state, public and private, and to promote the opportunity for coordination with programs for other exceptional children. To accomplish these goals, the IRMC shall do the following:

1. Allocate all funds provided by the State, obtained by it, or under its control, which are designated for children eligible for services under this subsection.

2. Coordinate resources, federal and state and public and private, to support family-centered services for eligible children and their families, as appropriate.

3. Seek to develop collaborative approaches with the institutions of higher education for children eligible for services under this subsection. Special emphasis shall be placed on the use of existing preschool educator training and child care provider training programs.

4. At its discretion, hire a full-time coordinator who shall report to the IRMC. The coordinator shall serve as liaison to the Department of Education, Curriculum and Instructional Improvement Branch.

5. Periodically review eligibility criteria for services offered under this subsection and make recommendations as appropriate.

c. The IRMC may, at its discretion, apply for and allocate grant funds that will serve children eligible for services offered under this subsection. Sources of such grant funds may include the federal Childcare Block Grant, Developmental Disabilities Council, federal Child and Maternal Health Grant, federal Title XX, and Delaware First Again grants, where appropriate.

d. The IRMC is hereby granted the power to use any funds under its control and not otherwise restricted to either hire employees or contract for services.

e. The IRMC shall report to the Governor, President Pro-Tempore of the Senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include:

1. A summary of IRMC experience in attempting to accomplish its purposes as stated above; and,

2. A recommendation of the IRMC whether and how to institutionalize its activities and functions.

f. The Budget Director and the Controller General are hereby authorized to transfer additional funds serving this population among the budgets of the departments represented on the IRMC if there is prior agreement by the secretary of the department, as the case may be, to which the funds were previously allocated.

g. For the purpose of facilitating the continuation of services, programs receiving an allocation under the provisions of this section may receive 20 percent of the prior year's allocation at the outset of each fiscal year. These programs are required to present program proposals to the IRMC as required by the IRMC Policy Coordinator. Upon IRMC approval, adjustments to the program allocations may be made.

h. The IRMC shall be the designated forum through which the Coordinating Council for Children with Disabilities (CCCD) will provide regular program updates regarding the Integrated Services Information System (ISIS). The IRMC will also serve as the venue through which additional funding request and/or program needs of ISIS may be presented. An active partnership with the private sector participants of ISIS shall be maintained, with related activities included in the status reports to the IRMC.”

Section 9. Amend 14 Del C. §3001(b) by inserting between the words “required” and “performance” the words “Head Start”.

Section 10. Amend 14 Del. C. §3001 (d) (2) by deleting it in its entirety and substituting in lieu thereof the following:

“(2) Reviewing, recommending and disbursing grant awards for contracts to qualifying providers to deliver early childhood educational services to pre-school age children who live in poverty;”.

Section 11. Amend 14 Del. C. §3003 by inserting between the words “FSCC” and “regarding” the words “on or before January 1 each fiscal year”.

Section 12. Amend 14 Del. C. §3124 by adding a new subsection (d) to read as follows:

“(d) The Department of Education is authorized to continue utilizing funds appropriated for this section to develop unique educational alternatives, in lieu of private placement, for persons who have been, or who would otherwise be, identified as "complex or rare" and unable to benefit from the regularly offered free, appropriate public educational programs and students in present education programs within this State whose individual education plan requires services not presently available within the present unit funding system. Unique educational alternatives shall be defined and approved by the Department of Education and may include, but not be limited to, related and supportive services. Any placement made pursuant to this subsection shall be considered a special program placement and shall be eligible for inclusion in local school district tuition tax rate setting per 14 Del. C. §604 (c).”

Section 13. Amend 14 Del. C. §3124 by designating existing subsections (b) and (c) as (c) and (d) and inserting a new subsection (b) to read as follows:

“(b) Before the Department of Education can authorize expenditures for new placements according to this section, the case must be reviewed by the Interagency Collaborative Team (ICT).

(1) The ICT shall consist of:

a. Division Director, Division of Child Mental Health Services of the Department of Children, Youth and Their Families (DSCYF);

b. Division Director, Family Services of DSCYF;

c. Division Director, Division of Youth Rehabilitation Services of DSCYF;

d. Division Director, Division of Developmental Disabilities Services of the Department of Health and Social Services (DHSS);

e. Division Director, Division of Alcoholism, Drug Abuse and Mental Health of DHSS;

f. Director of the Office of the Budget or designee;

g. The Controller General or designee;

h. Director, Exceptional Children's Group, Department of Education (DOE), who will serve as Chair; and

i. Associate Secretary, Curriculum and Instructional Improvement, DOE.

(2) A Director assigned to the ICT may designate staff to represent them on the ICT only if these designated representatives are empowered to act on behalf of the Division Director including commitment of division resources for a full fiscal year.

(3) The ICT shall invite to its meetings:

a. A representative of a responsible school district for the case under consideration;

b. The parents of the child;

c. Other persons the team believes can contribute to their deliberations.

(4) The ICT shall:

a. Review existing assessments of new referrals;

b. Prescribe, if required, additional assessments for new referrals;

c. Review proposed treatment plans of new referrals;

d. Recommend alternatives for treatment plans of new referrals;

e. Coordinate interagency delivery of services;

f. Review at least annually, current Unique Alternatives for the appropriateness of treatment plans and transition planning;

g. If appropriate, designate a Primary Case Manager for the purpose of coordination of service agencies;

h. If appropriate, designate agencies to be involved in collaborative monitoring of individual cases.

(5) The ICT will ensure that state costs incurred as the result of a Team recommendation or assessment of a child currently funded from the Unique Alternatives appropriation will be covered from the existing appropriation. New referrals will be assessed in the inter-agency manner described above. The ICT may accept and review cases initiated by other agencies, but in all cases the school district of residence must be involved in the review.

(6) Cases reviewed by the ICT will employ Unique Alternatives funding to cover state costs to the extent determined appropriate by the Interagency Collaborative Team. Other agencies may recognize a portion of the responsibility for the treatment of these children if determined appropriate by the Team. Funds may be transferred upon the approval of the Budget Director and the Controller General.

(7) The ICT shall report on its activities to the Governor, Budget Director, President Pro-Tempore, Speaker of the House and the Controller General by February 15 of each year. The report shall address the status of items addressed in the previous February ICT Annual Report.”

Section 14. Amend 14 Del. C. §153(c) by striking the last sentence in said subsection and inserting in lieu thereof the following: “A maximum of 600 scholarships at $1,000 each may be awarded to students annually in the following manner: the students with the 150 highest scores on DSTP without reference to any other indicators of performances and the students with the 150 highest scores on DSTP who participate in free and reduced lunch programs in grades eight and ten. The Department of Education will promulgate rules and regulations to implement this program.”

Section 15. Amend 14 Del. C. §1318A by inserting at the end of said section a new subsection (c) to read as follows:

“(c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of 29 Del. C. § 5956.”

Approved June 25, 2002