Sponsored Legislation
Featured Legislation
Delaware's youngest students who need help in school receive increased funding with new law - We have been fighting for this bill for the last six years which included two Governors, 3 General Assemblies for a span of six years. House Bill 86 was signed into law on July 30, 2021, at Marbrook Elementary School which is located in the 19th District. Many bills do not pass on the first or second attempt, that is why you have to keep fighting!
"Delaware special education students are classified as either having 'basic,' 'intensive,' or 'complex' needs. Each designation has a lower unit ratio to provide additional staff and support, except for kindergarten through third grade special education students. Schools are required to provide the resources yet there is no funding associated with that," Williams said. "We fund kindergarten through 12th grade students who are classified as 'intensive' or 'complex,' but the state--until today--did not fund the same for our youngest learners in the K through 3 who are classified as 'basic.' We all know that early intervention is the key and resources are a must for our students to be successful, especially for our youngest learners."
"Delaware special education students are classified as either having 'basic,' 'intensive,' or 'complex' needs. Each designation has a lower unit ratio to provide additional staff and support, except for kindergarten through third grade special education students. Schools are required to provide the resources yet there is no funding associated with that," Williams said. "We fund kindergarten through 12th grade students who are classified as 'intensive' or 'complex,' but the state--until today--did not fund the same for our youngest learners in the K through 3 who are classified as 'basic.' We all know that early intervention is the key and resources are a must for our students to be successful, especially for our youngest learners."
House Bill 111 & House Bill 202 w/ HA 1, 150th DE General Assembly - HB 111 allows school districts and charter schools in Delaware to utilize external camera systems on school buses to catch motorists that illegally pass school buses and punishes these motorist by issuing them a civil penalty.
HB 202 replaced HB 111 and created a pilot program for the Red Clay School District to utilize external camera systems on their school buses to catch motorists that illegally pass school buses and to punish these motorists by issuing them a civil penalty. The purpose of this bill is to protect children as they are in the process of boarding and exiting the school bus and to spread awareness of school bus traffic safety. At least 16 states have implemented similar legislation, including Pennsylvania in 2018. As Red Clay School District already has these cameras in operation, this program grants the authority to begin issuing violations to motorist that illegally pass school buses in their district. Watch the legislation's PSA, "Don't Rush the Red", to learn more - this PSA was nominated for a 2020 Emmy in the category, "Promotion - News, Program, PSA - Single Spot." |
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House Bill 58, 149th DE General Assembly - This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.
House Bill 337, 149th DE General Assembly - This Act prohibits marriage of individuals under 18 years of age | The First state in the nation to pass this law.
House Bill 75, 148th DE General Assembly - The continued existence and dissemination of juvenile criminal histories hampers an individual’s ability to be a successful and productive member of society. Juvenile criminal histories are a hindrance to employment, education, housing and credit. This act modifies the discretionary expungement provisions to allow more individuals the ability to petition the Court for an expungement. These changes allow the Court to consider an expungement where the individual has demonstrated rehabilitation despite multiple youthful indiscretions. These provisions will enable a greater number of deserving youth the ability to move beyond their past and recognizes that most youth mature out of offending behavior.
House Bill 130, 148th DE General Assembly - Delaware law criminalizes “therapeutic deception,” a representation by the health professional that sexual contact by the health professional is consistent with or part of the patient’s treatment. This Act creates a felony level offense for a person that is a health professional and who, in the course of providing professional health services to the victim, intentionally has sexual contact with the victim. This would criminalize all sexual contact between a health professional and the health professional’s patient. This Act makes this conduct a felony offense, rather than a misdemeanor, due to the vulnerability of the victim as a patient seeking services from a health professional. This legislation was vetoed by Governor Markell. This legislation was featured in a Atlantic Journal-Constitution investigation about doctors and sex abuse.
House Bill 337, 147th DE General Assembly - This bill promotes uniformity in the timing of the application process for school districts, charter schools, magnet schools, and career and technical education schools.
House Bill 337, 149th DE General Assembly - This Act prohibits marriage of individuals under 18 years of age | The First state in the nation to pass this law.
House Bill 75, 148th DE General Assembly - The continued existence and dissemination of juvenile criminal histories hampers an individual’s ability to be a successful and productive member of society. Juvenile criminal histories are a hindrance to employment, education, housing and credit. This act modifies the discretionary expungement provisions to allow more individuals the ability to petition the Court for an expungement. These changes allow the Court to consider an expungement where the individual has demonstrated rehabilitation despite multiple youthful indiscretions. These provisions will enable a greater number of deserving youth the ability to move beyond their past and recognizes that most youth mature out of offending behavior.
House Bill 130, 148th DE General Assembly - Delaware law criminalizes “therapeutic deception,” a representation by the health professional that sexual contact by the health professional is consistent with or part of the patient’s treatment. This Act creates a felony level offense for a person that is a health professional and who, in the course of providing professional health services to the victim, intentionally has sexual contact with the victim. This would criminalize all sexual contact between a health professional and the health professional’s patient. This Act makes this conduct a felony offense, rather than a misdemeanor, due to the vulnerability of the victim as a patient seeking services from a health professional. This legislation was vetoed by Governor Markell. This legislation was featured in a Atlantic Journal-Constitution investigation about doctors and sex abuse.
House Bill 337, 147th DE General Assembly - This bill promotes uniformity in the timing of the application process for school districts, charter schools, magnet schools, and career and technical education schools.
Sponsored Legislation 151st Delaware General Assembly
HCR 6 - Recognizing the month of January 2021 as "Human Trafficking Awareness Month" in Delaware.
HCR 11 - Cholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2021 as "World Cholangiocarcinoma Day" in Delaware.
House Bill 5 - If a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials.
House Bill 9 - This Act adds the term “adjudication” to this section of the criminal code to enable juvenile defendants to petition the court for their adjudications of delinquency to be vacated and their juvenile criminal record to be expunged in regard to crimes, other than defined violent felonies, committed as a direct result of being victims of human trafficking.
House Bill 86 - This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.
House Bill 87 - This bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.
House Bill 88 - This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.
House Bill 89 - This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.
House Bill 94 - The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
House Bill 95 - This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
House Bill 96 - This Act prohibits multiple service charges for residential trash collection service. However, under this Act, specific charges are allowed for the following: 1. Late or nonpayment of an amount due. 2. Replacement of a container. 3. Collecting waste that cannot be collected using the container. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 117 - House Bill No. 292 of the 149th General Assembly established a 3 year pilot program (“program”) to implement the recommendations in the 2015 Autism Educational Task Force report. The pilot program revised the Delaware Autism Program toward a system where the statewide Director works in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This Act makes the pilot program permanent and revises the program as follows: 1. Requires the Department of Education ("Department") to administer the program, including hiring the Director. 2. Revises the terminology in the qualifications for the Director to include autism spectrum disorder (“ASD”). 3. Requires the Department to hire 5 training specialists instead of the current hiring requirement that is based on the number of students with an educational classification of ASD. 4. Renames the Parent Advisory Committees to clarify that they are statewide. 5. Revises the responsibilities of the Peer Review Committee to conduct reviews without a request of the Department, to include behavioral procedures in the review, and at the request of the Department, review procedures and programming for students with other educational classifications served in the program. This Act takes effect on July 1, 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 120 - This Act makes changes to House Bill 202 from the 150th General Assembly creating a pilot program for the Red Clay School District to use external camera systems on their school buses to catch motorists that fail to stop when a school bus is stopped and displaying flashing lamps to take on or discharge school children and assess a civil penalty as punishment. The changes in this bill are necessary to make clear that the Act, which mirrors 21 Del. C. § 4101(d), the State’s Electronic Red Light Safety Program, only creates a civil, not a criminal penalty.
House Bill 129 - This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 high needs elementary schools per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This Act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center. To the extent that there are any public high schools without a school-based health center upon the effective date of this Act, the State will fund start-up costs for a center at such a public high school.
House Bill 132 - This Act changes the definition of tavern from an establishment with a special space and accommodation for sale of beer by the glass for consumption on the premises to an establishment with a special space and accommodation for sale of beer and wine in single servings. The Act also revises § 513 to allow any person in charge of a tavern to apply to the Commissioner for a license to purchase from an importer and to receive, keep and sell beer and wine instead of only beer. The beer and wine must be consumed on the premises where sold.
House Bill 133 - This Act changes the current evaluation system for all teachers from the former Delaware Performance Appraisal System II evaluation to a new Delaware Teacher Growth and Support System. The goal of this new evaluation system is to build a culture of professionalism and learning within every school by converting the evaluation system from a teacher-focused to a learning-focused system. It also increases accountability by requiring a beginning, middle and end of the year review of both the teacher’s professional learning goals and student improvement goals. All teachers (not just 4-8 testing subjects) will be held accountable for student growth. The new evaluation system will only apply to teachers. Specialists and administrators will continue to be evaluated under the Delaware Performance Appraisal System II. Under this Act the new evaluation system will be phased in with a minimum of 3 local education agencies participating in a pilot program for academic year 2021-2022, which will sunset on June 30, 2022. Under Section 2 and 3 of this Act, effective academic year 2022-2023, all teachers will fall under the Delaware Teacher Growth and Support System and all specialists and administrators will be evaluated under Delaware Performance Appraisal System II.
House Bill 143 - This Act removes taproom from the establishments for which the Commissioner shall refuse to grant a license for the sale of alcohol when there is an existing licensed establishment of similar type within a specified distance. The minimum distance between licensed establishments of similar type is made applicable only to a store or establishment for consumption off premises.
House Bill 178 - Year-long teacher residency programs are a partnership between an educator preparation program and a Delaware school district or charter school to provide a year-long immersive experience for teacher candidates, allowing them a full and supported, on the ground experience of teaching in a Delaware school. The teacher resident also receives a stipend while participating in the program, which may be used to defray education and living expenses. These programs are the gold standard for teacher preparation and they assist in attracting and retaining quality, diverse educators. For the last several years, the General Assembly has appropriated funds in the annual budget to support and sustain these programs. This bill codifies the program and establishes guidelines for how and when the funds will be awarded and what they may be used for. The Department of Education continues to be charged with administration of the funds.
House Bill 179 - This Act revises Chapter 70 of Title 25, which governs manufactured homes on rented lots in manufactured home communities, by revising the eligibility criteria for the lot rental assistance program by expanding the sources of income that qualify a homeowner for the program and making a homeowner eligible after living in the community for 5 years. This Act also creates a new eligibility category for lot rental assistance after rent increases. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 182 - The Victims’ Compensation Assistance Program (“Agency” or “VCAP”) administers the Victims’ Compensation Fund and provides financial assistance to eligible victims of crimes to help cover the costs of a variety of services that help victims and their families begin to rebuild their lives, including lost wages, medical expenses, payment for mental health counseling, and funeral expenses. By awarding financial compensation for losses that victims sustain as a result of crime, VCAP can help alleviate the financial burden and distress that crime leaves behind. In FY 2019, VCAP paid $2,091,787.94 to and on behalf of victims of crime. VCAP is solvent and the Victims’ Compensation Fund balance as of June 30, 2020 was $4,155,111.82. This Act seeks to improve the efficiency and effectiveness of VCAP in the following ways: (1) Lifts the statutory employment cap that limited the number of employees VCAP could employ. This update will enable the Department of Justice to augment VCAP staff by utilizing grant or federal funding. (2) Codifies benefits and more clearly enumerates available benefits and increases the funeral and burial benefit to $5,000/$2,500, respectively. (3) Makes several changes to conform to the current practice, including removing the claims payment process description in § 9005(8) and § 9009, updating the claims application process in § 9009, and removing the reporting requirements in § 9017. (4) Amends § 9009(10) to give the Agency specific authority to close inactive claims. (5) Updates the list of Advisory Council members to reflect the dissolution of the Sexual Assault Network of Delaware, which became the Delaware Alliance Against Sexual Violence. (6) Expands the population of victims able to be served, including changes to ensure victims of human trafficking are eligible for compensation. (7) Extends the deadlines to request reconsideration and file an appeal with the Appeals Board and reorganizes appeals process provisions by placing them all in the same section. (8) Changes "offense date" to "sentencing date" in § 9014(c). (9) Updates the chapter so that each program is referred to by a consistent name. (10) Adds defined terms “Executive Director” and “claimant” to the definitions section and further clarifies to which category of victims parts of the Code apply. (11) Removes the term “incompetent” in favor of adopting a phrase that uses people first language. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 202 - This Act is designed to increase the opportunity for Delaware children to undergo developmental screening with a research-based screening tool at an early age in order to identify children who may be eligible for Early Intervention or special education services. It requires any applicant for a license or renewal of a license to operate a child care facility on or after July 1, 2023 to commit that each child between the age of birth and 5 years old (who has not yet entered kindergarten) enrolled by the child care provider will undergo developmental and social emotional screening. The screening mechanism to be used is the screening system approved by the Department of Education and will be administered by the parent or guardian of the child seeking to be enrolled in the child care facility. This Act permits an operator of a child care facility at a YMCA to be appointed to the Provider Advisory Board, changes references from “day care” to “child care” in the existing law and makes other changes consistent with the Legislative Drafting Manual.
House Bill 204 - This Act provides a means by which private schools and youth camps operated by private schools can obtain criminal background checks for potential employees and volunteers under the auspices of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) and authorizes the SBI and DELJIS to provide Delaware criminal history information subsequent to the original background check without the requirement of a new criminal background check. When the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations that would permit, in limited circumstances, re-use of a criminal background check. This Act also clarifies that the Department of Education is a child serving entity and its employees are obligated to undergo background checks This Act also makes minor stylistic changes and changes to make the current law conform to the Legislative Drafting Manual.
House Bill 206 - This Act requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry.
House Bill 207 - This Act does the following: (1) Removes the requirement that applicants for initial and continuing educator licenses obtain a passing score on an approved performance assessment. (2) In place of the performance assessment requirement, requires professional development and mentoring activities include a focus on acquisition of pedagogical knowledge and the ability to apply that knowledge to meet student needs and requires the Department of Education (Department) to establish a committee of stakeholders to gather input and make recommendations on how to achieve professional development and mentoring activities that satisfy the requirements. (3) Removes requirements related to performance assessments, including reporting requirements and rulemaking requirements, from Chapter 12 of Title 14. (4) Allows individuals who serve in educator roles that are not teaching positions to receive their Delaware educator license by changing "teaching experience" to "experience as an educator" in § 1210(d) of Title 14 and § 1211(c) of Title 14. (5) Requires the Department to ensure there are a variety of professional development opportunities across different modes that meet a high standard of quality, including evidence-based programs. (6) In place of the performance assessment requirement for participants in alternative routes for teacher licensure and certification programs and participants in alternative routes to certification programs for teachers of students with disabilities, requires an assessment of program participants' abilities to apply pedagogical skills to meet the needs of students and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (7) In place of a performance assessment requirement, requires that educator preparation programs assess prospective educators' ability to apply pedagogical skills to meet student needs and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (8) Makes corrections, including standardizing references to the educator evaluation system and changing "certificate" to "license" in places where improperly used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 246 - The purpose of this Act is to achieve 2 goals: (1) Allow a person who is 18 years or older to serve alcoholic liquors or otherwise work in a taproom if the taproom has separate dining facilities that seat at least 12 people, provides complete meals, does not have a history of violating a provision of Title 4 or related regulations or being convicted of committing a crime under Title 4, and has been approved by the Alcoholic Beverage Control Commissioner (“Commissioner”) as meeting these requirements. (2) Allow a person who is under the age of 21 years to enter or remain in a taproom until 9:00 p.m. if the person is accompanied by a parent or legal guardian and the taproom has separate dining facilities that seat at least 12 people, provides complete meals, has been found by the Commissioner to have no grounds to refuse a license under § 543 of Title 4, and has been approved by the Commissioner as meeting these requirements. Under this Act, a person who is under the age of 21 years and enters or remains in a taproom that has been approved by the Commissioner under this Act may not be fined if the taproom is out of compliance with the approval. This Act provides the Commissioner with the authority to refuse to grant an approval to a taproom under this Act if any of the grounds for license refusal under § 543 of Title 4 exist.
House Bill 263 - This bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program. The bill also removes the limitation on positions for the Spay/Neuter Program and allows Program to be funded from the Spay/Neuter Fund. This bill is identical in substance to Senate Bill No. 185, as amended by Senate Amendment No. 1, except that this bill provides that pet foods manufactured by non-profits will continue to pay a $23 fee and not be subject to the increase applicable to other pet foods.
House Bill 266 - This bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees earn more than 50% of their income from tips or gratuities. This bill clarifies that employers may continue to pay a tipped minimum wage to primary direct service employees under this bill. Employers cannot direct employees to engage in tip pooling in Delaware—tip pooling arrangements must be controlled by the employees themselves. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities.
House Bill 270 - Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. The Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Bill gives priority to siblings of students who live in the reorganized school district where the school is located and to siblings of students who do not live in the reorganized school district where the school is located. The Act also updates what constitutes "good cause" to include change of residence or child's participation in an inpatient or day treatment program.
House Bill 283 - This Act funds the Human Trafficking Interagency Coordinating Council by disbursing to the Council $100,000 each fiscal year from the Fund to Combat Violent Crimes. Under § 4101(h) of Title 11, the Fund to Combat Violent Crimes is funded by a $15 penalty imposed on and collected from defendants for certain crimes or civil violations. The money within the Fund is divided between the Department of Safety and Homeland Security and local law-enforcement agencies for use in connection with initiatives to combat violent crime. No more than $4,250,000 may be deposited into the Fund. Any amount more than $4,250,000 reverts to the General Fund. In recent fiscal years, the Fund to Combat Violent Crimes has reverted excess funds to the General Fund. Because of the new disbursement of $100,000 to the Human Trafficking Interagency Coordinating Council, this Act also increases the maximum amount of money that may be deposited into the Fund to Combat Violent Crimes by $100,000 to $4,350,000. This Act also adds to existing reporting requirements for the Human Trafficking Interagency Coordinating Council that the Council document how it spends disbursements from the Fund to Combat Violent Crimes. The Council must also provide the report to the Secretary of the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 294 -This Act requires each school district and charter school to provide each student in preschool, kindergarten, and in grades 2 and 4 an oral health screening by January 15 of each school year. The Division of Public Health (DPH) offers school-based oral screening and fluoride applications through the Delaware Smile Check program at no cost to the school district or charter school or to the student.
House Bill 304 -This Act recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention. The Department is tasked with compiling a list of reading screeners as well as literacy intervention approaches that are aligned with the science of reading that charter schools and districts may use. The Department will take into account the science of reading and evidence-based research in creating the list as well as the alignment of screeners and interventions with a multi-tiered system of support. The Department is also required to consider the burden on schools to administer screeners and the amenability of the screener to being incorporated into ongoing instruction. Charter schools and districts are additionally required to provide the results of each screening to a student’s parent – which may be done by adding it to existing communications such as report cards or progress reports. Finally, charter schools and districts must report, by grade, the number of students in kindergarten through grade 3 determined to have potential reading deficiencies and what intervention approach is being used, as well as the number of students receiving dyslexia specific interventions. The Department of Education is tasked with compiling this information into a report for the General Assembly, the State Board of Education, and the Governor.
House Bill 328 - This Act makes several adjustments to the law prohibiting drag racing and other speed contests. Many individuals lawfully gather to share their enthusiasm for vehicles and may do so while abiding the rules of the road and without otherwise endangering persons or property. However, others have taken their enthusiasm into dangerous directions that often results in damage to property, injury, or death. For example, Kirkwood Highway has experienced an uptick in large crowds engaged in dangerous driving behavior and as the result of a drag racing event at the Christiana Mall Fashion Center, there was a vehicular fatality. Whether by drag racing, trick or stunt riding, conducting burnouts in intersections, doing donuts in parking lots, or taking over roadways to showboat, these dangers are further amplified by the crowd size that follows and the attempted notoriety sought through social media posts. The intent of the statute is to promote law-enforcement’s ability to enforce the statute, eliminate prior inadvertent loopholes in the current statute regarding geographic and vehicle type limitations, update the statute to reflect current dangerous driving trends and behavior, and ultimately serve as a deterrent for future unsafe behavior. The current statute incorporates potential penalties for the individual and their licensing status, but it does not address the actual vehicle, as the tool and mechanism that is central to the dangerous behavior. This Act enhances existing penalties and promotes public safety by restricting drivers charged with these dangerous driving behaviors access to their vehicles. • First, while a first offense remains an unclassified misdemeanor, a subsequent offense becomes a Class A Misdemeanor. The minimum applicable fines are substituted for mandatory community service instead. • Second, for the purpose of this statute, a subsequent offense is defined as one occurring within 5 years from a prior offense, rather than the default of 2 years set forth in 21 Del. C. § 713. • Third, the statute expands the list of prohibited conduct to better encompass existing dangerous driving behavior, like tire burnouts in intersections that are not part of races and the dangers to persons or property they pose. • Fourth, within the context of 21 Del. C. § 4101(a)(3), the statute more clearly defines the geographic enforceability of the statute on non-highway property, such as commercial parking lots, while still allowing commercial property or other owners to consent to the use of their property for these purposes. • Fifth, the statute expands the types of vehicles that the provision addresses, to include ATV’s and OHV, which are excepted from the 21 Del. C. § 101 definition of vehicles, but which are also used to engage in this behavior. Non street-legal vehicles are often used to participate in the dangerous driving behavior. • Sixth, recognizing that law-enforcement resources, crowd size, environmental factors, and other safety concerns do not always allow law-enforcement to prioritize on-scene engagement with single vehicles while the behavior in this statute is occurring, the Act expands law-enforcement’s ability to later investigate and arrest for violations of this statute. Under the current statute, violators, when contemplating commission of such offenses, might rely on the fact that law-enforcement safety and resource concerns might dictate that the violators cannot be apprehended on scene or that chasing them might be too dangerous to do. This Act expands the definition of “witnessed” by a law-enforcement officer, under 21 Del. C. § 701(a), to include after the fact review of video surveillance or any other video that captures the violation. • Seventh, the Act allows for the vehicles used, as the mechanism by which the dangerous behavior is conducted, to be impounded, de-registered, otherwise immobilized, or even eligible for forfeiture proceedings under certain conditions. As the same time, the Act does not prohibit an innocent owner from applying for return of the vehicle from the Court, under certain conditions, if their vehicle is used in a violation of this statute.
House Bill 347 -This Act makes patronizing a prostitute a Class G felony with a mandatory minimum fine of $1,000 unless the actor has been convicted of the same offense in the last 5 years, in which case it is a Class F felony with a mandatory minimum fine of $2,000. This Act makes patronizing a prostitute by agreeing to engage in sexual contact with a person younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense, a class D Felony. This Act also makes patronizing a prostitute within 1,000 feet of any school, residence, church, synagogue, or other place of worship a class F Felony with a minimum mandatory fine of $2,000.
House Bill 352 -This Act would permit a new charter school application or expansion to be denied by the Department of Education and the State Board based solely on impact.
House Bill 359 -This Act adds victims of human trafficking to the Address Confidentiality Act. Under this program, certain crime victims are provided a substitute address by the Department of Justice so as to protect the participant’s actual address from public disclosure. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 398 -This Act renames the Human Trafficking Interagency Coordinating Council as the Delaware Anti-Trafficking Action Council (Council) for the purpose of providing a clearer description of the work that the Council performs. This Act also transfers the Council from under the authority of the Department of Health and Social Services (DHSS) to the Criminal Justice Council. DHSS's clerical staffing duty is removed. This Act requires the Council to appoint an Executive Director, who will serve at the Council's pleasure. The Executive Director shall support the Council in carrying out its statutory duties. Subject to the approval of a quorum of the Council and within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director shall also employ staff and contract for services as necessary to assist the Council with performing its duties. By providing the Council with staff, the Council will be better able to comply with its statutory mandates under Delaware's Human Trafficking law. It will also be able to pursue grant funding opportunities that it previously did not have the infrastructure to support. Additionally, this Act broadens several existing statutory duties of the Council to ensure the Council has the flexibility necessary to perform its work and allows it to pursue work that may broaden opportunity to obtain grant funding. This Act also clarifies that one member of the Council must be an individual with prior experience in working with victims of human trafficking in a legal or advocacy capacity and that this individual may reside in any county. This Act also clarifies how this member must be appointed. This Act adds additional reporting requirements, clarifies that the report is intended to be an annual report, and adds that the report must also be submitted to the Executive Director of the Criminal Justice Council. This Act removes language related to the initial startup of the Council because this language is no longer relevant. This Act also repeals § 787(k)(2)j. of this Title because the paragraph contains language that is no longer relevant. Procedural requirements for Council business are located in § 787(k)(4), so the procedural requirements in § 787(k)(2)j. were moved to § 787(k)(4)b. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including corresponding corrections to internal references in § 787(l) and § 787(m) since paragraphs within § 787(k) have been renumbered. The Council wishes to name this Act for and honor the late Ms. February O’Donnell and the late Ms. Amy Day. Ms. O’Donnell, a human trafficking survivor, and Ms. Day, a victims’ services volunteer who started the nonprofit, Meet Me At The Well, were remarkable women who helped lead the way in Delaware’s fight against human trafficking.
House Bill 430 -This Act creates a statewide Grow Your Own Educator Program to improve recruitment, retention, and diversity of educators in Delaware public schools. The Program establishes a competitive grant process to be administered by the Department of Education. Any Delaware reorganized school district or charter school can apply for a grant to establish its own unique Grow your Own Educator Program. Subject to funding grants will be awarded on a 2-year basis. Applicants must provide a detailed explanation how their proposed Program will be run, including any partnerships with institutions of higher education and whether the Program anticipates providing last dollar tuition and related educational financial assistance to candidates accepted into their Program who commit to teaching a minimum of 3 years, upon licensure, in the Applicant’s school district or charter school. Any awarded grant money must be used to initiate and run the Program. In evaluating applications that meet the Department’s criteria, if funding is limited, the Department will give additional weight to Applicants that prioritize recruiting candidates from high-need schools, placing teacher candidates in high-need schools, develop programs that support teacher professionals, including bilingual candidates and those without bachelor’s degrees, and leverage apprenticeship and year-long teacher residency models. The Department will annually provide Program data to the Senate and House Education Committees including the number of grant applications, the number of grants awarded, names of districts and charter schools receiving grants, and retention rate for educator candidates hired by the district or charter school. For fiscal year 2022-2023 $4,000,000 is anticipated being appropriated to the Department from the General Fund consistent with the agreed settlement terms in In Re Delaware Public Schools Litigation, C.A. No. 2018-0029-VCL which states, in part, that the Governor’s proposed budget for fiscal year 2023-2024 will include at least $4,000,000 to support enhanced teacher recruitment and retention in high-need schools. A portion of those funds will be allocated to implement the Grow Your Own Educator Program established in this Act.
House Bill 441 -This Act provides an alternative means for an educator to demonstrate competency and achieve a standard certificate beyond simply passing a content exam, such as the Praxis II. For those who are within 2 standard errors of measurement of the passing score, a certificate will be issued if the applicant has either (i) a GPA of 3.5 or higher; or (ii) a GPA between 3.0 and 3.49 and demonstrated competency through micro-credentialing, successful completion of a residency, or passing scores on performance assessments. Special education, administrator, and specialist certifications are not available through this alternate measure. This Act sunsets 1 year after its enactment unless extended through a subsequent act of the General Assembly.
House Bill 443 -The purpose of this Act is to achieve 3 goals: (1) Allow a person who is 18 years or older to serve alcoholic liquors or otherwise work in a taproom. (2) Allow a person who is under the age of 21 years to enter or remain in a taproom until 9:00 p.m. if the person is accompanied by a parent or legal guardian and the taproom both has a separate dining facility that seats at least 12 people and provides complete meals. (3) Allow a person who is under the age of 21 years to enter or remain in a taproom when there is a special event approved by the Commissioner, for the duration of the special event and if the person is accompanied by a parent or legal guardian.
House Bill 463 - This Act allows both of the following: (1) The employment of a person 18 years or older to work in any capacity in a tavern or taproom, except that a person less than 21 years old may not prepare alcoholic liquor for patrons of a tavern or taproom. A person 18 years or older may sell or serve alcoholic liquor for patrons of a tavern or taproom. (2) A person 18 years or older may enter a tavern or taproom to pick up a food order for delivery through a third-party delivery service.
HCR 11 - Cholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2021 as "World Cholangiocarcinoma Day" in Delaware.
House Bill 5 - If a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials.
House Bill 9 - This Act adds the term “adjudication” to this section of the criminal code to enable juvenile defendants to petition the court for their adjudications of delinquency to be vacated and their juvenile criminal record to be expunged in regard to crimes, other than defined violent felonies, committed as a direct result of being victims of human trafficking.
House Bill 86 - This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.
House Bill 87 - This bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.
House Bill 88 - This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.
House Bill 89 - This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.
House Bill 94 - The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
House Bill 95 - This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
House Bill 96 - This Act prohibits multiple service charges for residential trash collection service. However, under this Act, specific charges are allowed for the following: 1. Late or nonpayment of an amount due. 2. Replacement of a container. 3. Collecting waste that cannot be collected using the container. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 117 - House Bill No. 292 of the 149th General Assembly established a 3 year pilot program (“program”) to implement the recommendations in the 2015 Autism Educational Task Force report. The pilot program revised the Delaware Autism Program toward a system where the statewide Director works in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This Act makes the pilot program permanent and revises the program as follows: 1. Requires the Department of Education ("Department") to administer the program, including hiring the Director. 2. Revises the terminology in the qualifications for the Director to include autism spectrum disorder (“ASD”). 3. Requires the Department to hire 5 training specialists instead of the current hiring requirement that is based on the number of students with an educational classification of ASD. 4. Renames the Parent Advisory Committees to clarify that they are statewide. 5. Revises the responsibilities of the Peer Review Committee to conduct reviews without a request of the Department, to include behavioral procedures in the review, and at the request of the Department, review procedures and programming for students with other educational classifications served in the program. This Act takes effect on July 1, 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 120 - This Act makes changes to House Bill 202 from the 150th General Assembly creating a pilot program for the Red Clay School District to use external camera systems on their school buses to catch motorists that fail to stop when a school bus is stopped and displaying flashing lamps to take on or discharge school children and assess a civil penalty as punishment. The changes in this bill are necessary to make clear that the Act, which mirrors 21 Del. C. § 4101(d), the State’s Electronic Red Light Safety Program, only creates a civil, not a criminal penalty.
House Bill 129 - This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 high needs elementary schools per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This Act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center. To the extent that there are any public high schools without a school-based health center upon the effective date of this Act, the State will fund start-up costs for a center at such a public high school.
House Bill 132 - This Act changes the definition of tavern from an establishment with a special space and accommodation for sale of beer by the glass for consumption on the premises to an establishment with a special space and accommodation for sale of beer and wine in single servings. The Act also revises § 513 to allow any person in charge of a tavern to apply to the Commissioner for a license to purchase from an importer and to receive, keep and sell beer and wine instead of only beer. The beer and wine must be consumed on the premises where sold.
House Bill 133 - This Act changes the current evaluation system for all teachers from the former Delaware Performance Appraisal System II evaluation to a new Delaware Teacher Growth and Support System. The goal of this new evaluation system is to build a culture of professionalism and learning within every school by converting the evaluation system from a teacher-focused to a learning-focused system. It also increases accountability by requiring a beginning, middle and end of the year review of both the teacher’s professional learning goals and student improvement goals. All teachers (not just 4-8 testing subjects) will be held accountable for student growth. The new evaluation system will only apply to teachers. Specialists and administrators will continue to be evaluated under the Delaware Performance Appraisal System II. Under this Act the new evaluation system will be phased in with a minimum of 3 local education agencies participating in a pilot program for academic year 2021-2022, which will sunset on June 30, 2022. Under Section 2 and 3 of this Act, effective academic year 2022-2023, all teachers will fall under the Delaware Teacher Growth and Support System and all specialists and administrators will be evaluated under Delaware Performance Appraisal System II.
House Bill 143 - This Act removes taproom from the establishments for which the Commissioner shall refuse to grant a license for the sale of alcohol when there is an existing licensed establishment of similar type within a specified distance. The minimum distance between licensed establishments of similar type is made applicable only to a store or establishment for consumption off premises.
House Bill 178 - Year-long teacher residency programs are a partnership between an educator preparation program and a Delaware school district or charter school to provide a year-long immersive experience for teacher candidates, allowing them a full and supported, on the ground experience of teaching in a Delaware school. The teacher resident also receives a stipend while participating in the program, which may be used to defray education and living expenses. These programs are the gold standard for teacher preparation and they assist in attracting and retaining quality, diverse educators. For the last several years, the General Assembly has appropriated funds in the annual budget to support and sustain these programs. This bill codifies the program and establishes guidelines for how and when the funds will be awarded and what they may be used for. The Department of Education continues to be charged with administration of the funds.
House Bill 179 - This Act revises Chapter 70 of Title 25, which governs manufactured homes on rented lots in manufactured home communities, by revising the eligibility criteria for the lot rental assistance program by expanding the sources of income that qualify a homeowner for the program and making a homeowner eligible after living in the community for 5 years. This Act also creates a new eligibility category for lot rental assistance after rent increases. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 182 - The Victims’ Compensation Assistance Program (“Agency” or “VCAP”) administers the Victims’ Compensation Fund and provides financial assistance to eligible victims of crimes to help cover the costs of a variety of services that help victims and their families begin to rebuild their lives, including lost wages, medical expenses, payment for mental health counseling, and funeral expenses. By awarding financial compensation for losses that victims sustain as a result of crime, VCAP can help alleviate the financial burden and distress that crime leaves behind. In FY 2019, VCAP paid $2,091,787.94 to and on behalf of victims of crime. VCAP is solvent and the Victims’ Compensation Fund balance as of June 30, 2020 was $4,155,111.82. This Act seeks to improve the efficiency and effectiveness of VCAP in the following ways: (1) Lifts the statutory employment cap that limited the number of employees VCAP could employ. This update will enable the Department of Justice to augment VCAP staff by utilizing grant or federal funding. (2) Codifies benefits and more clearly enumerates available benefits and increases the funeral and burial benefit to $5,000/$2,500, respectively. (3) Makes several changes to conform to the current practice, including removing the claims payment process description in § 9005(8) and § 9009, updating the claims application process in § 9009, and removing the reporting requirements in § 9017. (4) Amends § 9009(10) to give the Agency specific authority to close inactive claims. (5) Updates the list of Advisory Council members to reflect the dissolution of the Sexual Assault Network of Delaware, which became the Delaware Alliance Against Sexual Violence. (6) Expands the population of victims able to be served, including changes to ensure victims of human trafficking are eligible for compensation. (7) Extends the deadlines to request reconsideration and file an appeal with the Appeals Board and reorganizes appeals process provisions by placing them all in the same section. (8) Changes "offense date" to "sentencing date" in § 9014(c). (9) Updates the chapter so that each program is referred to by a consistent name. (10) Adds defined terms “Executive Director” and “claimant” to the definitions section and further clarifies to which category of victims parts of the Code apply. (11) Removes the term “incompetent” in favor of adopting a phrase that uses people first language. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 202 - This Act is designed to increase the opportunity for Delaware children to undergo developmental screening with a research-based screening tool at an early age in order to identify children who may be eligible for Early Intervention or special education services. It requires any applicant for a license or renewal of a license to operate a child care facility on or after July 1, 2023 to commit that each child between the age of birth and 5 years old (who has not yet entered kindergarten) enrolled by the child care provider will undergo developmental and social emotional screening. The screening mechanism to be used is the screening system approved by the Department of Education and will be administered by the parent or guardian of the child seeking to be enrolled in the child care facility. This Act permits an operator of a child care facility at a YMCA to be appointed to the Provider Advisory Board, changes references from “day care” to “child care” in the existing law and makes other changes consistent with the Legislative Drafting Manual.
House Bill 204 - This Act provides a means by which private schools and youth camps operated by private schools can obtain criminal background checks for potential employees and volunteers under the auspices of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) and authorizes the SBI and DELJIS to provide Delaware criminal history information subsequent to the original background check without the requirement of a new criminal background check. When the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations that would permit, in limited circumstances, re-use of a criminal background check. This Act also clarifies that the Department of Education is a child serving entity and its employees are obligated to undergo background checks This Act also makes minor stylistic changes and changes to make the current law conform to the Legislative Drafting Manual.
House Bill 206 - This Act requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry.
House Bill 207 - This Act does the following: (1) Removes the requirement that applicants for initial and continuing educator licenses obtain a passing score on an approved performance assessment. (2) In place of the performance assessment requirement, requires professional development and mentoring activities include a focus on acquisition of pedagogical knowledge and the ability to apply that knowledge to meet student needs and requires the Department of Education (Department) to establish a committee of stakeholders to gather input and make recommendations on how to achieve professional development and mentoring activities that satisfy the requirements. (3) Removes requirements related to performance assessments, including reporting requirements and rulemaking requirements, from Chapter 12 of Title 14. (4) Allows individuals who serve in educator roles that are not teaching positions to receive their Delaware educator license by changing "teaching experience" to "experience as an educator" in § 1210(d) of Title 14 and § 1211(c) of Title 14. (5) Requires the Department to ensure there are a variety of professional development opportunities across different modes that meet a high standard of quality, including evidence-based programs. (6) In place of the performance assessment requirement for participants in alternative routes for teacher licensure and certification programs and participants in alternative routes to certification programs for teachers of students with disabilities, requires an assessment of program participants' abilities to apply pedagogical skills to meet the needs of students and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (7) In place of a performance assessment requirement, requires that educator preparation programs assess prospective educators' ability to apply pedagogical skills to meet student needs and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (8) Makes corrections, including standardizing references to the educator evaluation system and changing "certificate" to "license" in places where improperly used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 246 - The purpose of this Act is to achieve 2 goals: (1) Allow a person who is 18 years or older to serve alcoholic liquors or otherwise work in a taproom if the taproom has separate dining facilities that seat at least 12 people, provides complete meals, does not have a history of violating a provision of Title 4 or related regulations or being convicted of committing a crime under Title 4, and has been approved by the Alcoholic Beverage Control Commissioner (“Commissioner”) as meeting these requirements. (2) Allow a person who is under the age of 21 years to enter or remain in a taproom until 9:00 p.m. if the person is accompanied by a parent or legal guardian and the taproom has separate dining facilities that seat at least 12 people, provides complete meals, has been found by the Commissioner to have no grounds to refuse a license under § 543 of Title 4, and has been approved by the Commissioner as meeting these requirements. Under this Act, a person who is under the age of 21 years and enters or remains in a taproom that has been approved by the Commissioner under this Act may not be fined if the taproom is out of compliance with the approval. This Act provides the Commissioner with the authority to refuse to grant an approval to a taproom under this Act if any of the grounds for license refusal under § 543 of Title 4 exist.
House Bill 263 - This bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program. The bill also removes the limitation on positions for the Spay/Neuter Program and allows Program to be funded from the Spay/Neuter Fund. This bill is identical in substance to Senate Bill No. 185, as amended by Senate Amendment No. 1, except that this bill provides that pet foods manufactured by non-profits will continue to pay a $23 fee and not be subject to the increase applicable to other pet foods.
House Bill 266 - This bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees earn more than 50% of their income from tips or gratuities. This bill clarifies that employers may continue to pay a tipped minimum wage to primary direct service employees under this bill. Employers cannot direct employees to engage in tip pooling in Delaware—tip pooling arrangements must be controlled by the employees themselves. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities.
House Bill 270 - Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. The Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Bill gives priority to siblings of students who live in the reorganized school district where the school is located and to siblings of students who do not live in the reorganized school district where the school is located. The Act also updates what constitutes "good cause" to include change of residence or child's participation in an inpatient or day treatment program.
House Bill 283 - This Act funds the Human Trafficking Interagency Coordinating Council by disbursing to the Council $100,000 each fiscal year from the Fund to Combat Violent Crimes. Under § 4101(h) of Title 11, the Fund to Combat Violent Crimes is funded by a $15 penalty imposed on and collected from defendants for certain crimes or civil violations. The money within the Fund is divided between the Department of Safety and Homeland Security and local law-enforcement agencies for use in connection with initiatives to combat violent crime. No more than $4,250,000 may be deposited into the Fund. Any amount more than $4,250,000 reverts to the General Fund. In recent fiscal years, the Fund to Combat Violent Crimes has reverted excess funds to the General Fund. Because of the new disbursement of $100,000 to the Human Trafficking Interagency Coordinating Council, this Act also increases the maximum amount of money that may be deposited into the Fund to Combat Violent Crimes by $100,000 to $4,350,000. This Act also adds to existing reporting requirements for the Human Trafficking Interagency Coordinating Council that the Council document how it spends disbursements from the Fund to Combat Violent Crimes. The Council must also provide the report to the Secretary of the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 294 -This Act requires each school district and charter school to provide each student in preschool, kindergarten, and in grades 2 and 4 an oral health screening by January 15 of each school year. The Division of Public Health (DPH) offers school-based oral screening and fluoride applications through the Delaware Smile Check program at no cost to the school district or charter school or to the student.
House Bill 304 -This Act recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention. The Department is tasked with compiling a list of reading screeners as well as literacy intervention approaches that are aligned with the science of reading that charter schools and districts may use. The Department will take into account the science of reading and evidence-based research in creating the list as well as the alignment of screeners and interventions with a multi-tiered system of support. The Department is also required to consider the burden on schools to administer screeners and the amenability of the screener to being incorporated into ongoing instruction. Charter schools and districts are additionally required to provide the results of each screening to a student’s parent – which may be done by adding it to existing communications such as report cards or progress reports. Finally, charter schools and districts must report, by grade, the number of students in kindergarten through grade 3 determined to have potential reading deficiencies and what intervention approach is being used, as well as the number of students receiving dyslexia specific interventions. The Department of Education is tasked with compiling this information into a report for the General Assembly, the State Board of Education, and the Governor.
House Bill 328 - This Act makes several adjustments to the law prohibiting drag racing and other speed contests. Many individuals lawfully gather to share their enthusiasm for vehicles and may do so while abiding the rules of the road and without otherwise endangering persons or property. However, others have taken their enthusiasm into dangerous directions that often results in damage to property, injury, or death. For example, Kirkwood Highway has experienced an uptick in large crowds engaged in dangerous driving behavior and as the result of a drag racing event at the Christiana Mall Fashion Center, there was a vehicular fatality. Whether by drag racing, trick or stunt riding, conducting burnouts in intersections, doing donuts in parking lots, or taking over roadways to showboat, these dangers are further amplified by the crowd size that follows and the attempted notoriety sought through social media posts. The intent of the statute is to promote law-enforcement’s ability to enforce the statute, eliminate prior inadvertent loopholes in the current statute regarding geographic and vehicle type limitations, update the statute to reflect current dangerous driving trends and behavior, and ultimately serve as a deterrent for future unsafe behavior. The current statute incorporates potential penalties for the individual and their licensing status, but it does not address the actual vehicle, as the tool and mechanism that is central to the dangerous behavior. This Act enhances existing penalties and promotes public safety by restricting drivers charged with these dangerous driving behaviors access to their vehicles. • First, while a first offense remains an unclassified misdemeanor, a subsequent offense becomes a Class A Misdemeanor. The minimum applicable fines are substituted for mandatory community service instead. • Second, for the purpose of this statute, a subsequent offense is defined as one occurring within 5 years from a prior offense, rather than the default of 2 years set forth in 21 Del. C. § 713. • Third, the statute expands the list of prohibited conduct to better encompass existing dangerous driving behavior, like tire burnouts in intersections that are not part of races and the dangers to persons or property they pose. • Fourth, within the context of 21 Del. C. § 4101(a)(3), the statute more clearly defines the geographic enforceability of the statute on non-highway property, such as commercial parking lots, while still allowing commercial property or other owners to consent to the use of their property for these purposes. • Fifth, the statute expands the types of vehicles that the provision addresses, to include ATV’s and OHV, which are excepted from the 21 Del. C. § 101 definition of vehicles, but which are also used to engage in this behavior. Non street-legal vehicles are often used to participate in the dangerous driving behavior. • Sixth, recognizing that law-enforcement resources, crowd size, environmental factors, and other safety concerns do not always allow law-enforcement to prioritize on-scene engagement with single vehicles while the behavior in this statute is occurring, the Act expands law-enforcement’s ability to later investigate and arrest for violations of this statute. Under the current statute, violators, when contemplating commission of such offenses, might rely on the fact that law-enforcement safety and resource concerns might dictate that the violators cannot be apprehended on scene or that chasing them might be too dangerous to do. This Act expands the definition of “witnessed” by a law-enforcement officer, under 21 Del. C. § 701(a), to include after the fact review of video surveillance or any other video that captures the violation. • Seventh, the Act allows for the vehicles used, as the mechanism by which the dangerous behavior is conducted, to be impounded, de-registered, otherwise immobilized, or even eligible for forfeiture proceedings under certain conditions. As the same time, the Act does not prohibit an innocent owner from applying for return of the vehicle from the Court, under certain conditions, if their vehicle is used in a violation of this statute.
House Bill 347 -This Act makes patronizing a prostitute a Class G felony with a mandatory minimum fine of $1,000 unless the actor has been convicted of the same offense in the last 5 years, in which case it is a Class F felony with a mandatory minimum fine of $2,000. This Act makes patronizing a prostitute by agreeing to engage in sexual contact with a person younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense, a class D Felony. This Act also makes patronizing a prostitute within 1,000 feet of any school, residence, church, synagogue, or other place of worship a class F Felony with a minimum mandatory fine of $2,000.
House Bill 352 -This Act would permit a new charter school application or expansion to be denied by the Department of Education and the State Board based solely on impact.
House Bill 359 -This Act adds victims of human trafficking to the Address Confidentiality Act. Under this program, certain crime victims are provided a substitute address by the Department of Justice so as to protect the participant’s actual address from public disclosure. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 398 -This Act renames the Human Trafficking Interagency Coordinating Council as the Delaware Anti-Trafficking Action Council (Council) for the purpose of providing a clearer description of the work that the Council performs. This Act also transfers the Council from under the authority of the Department of Health and Social Services (DHSS) to the Criminal Justice Council. DHSS's clerical staffing duty is removed. This Act requires the Council to appoint an Executive Director, who will serve at the Council's pleasure. The Executive Director shall support the Council in carrying out its statutory duties. Subject to the approval of a quorum of the Council and within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director shall also employ staff and contract for services as necessary to assist the Council with performing its duties. By providing the Council with staff, the Council will be better able to comply with its statutory mandates under Delaware's Human Trafficking law. It will also be able to pursue grant funding opportunities that it previously did not have the infrastructure to support. Additionally, this Act broadens several existing statutory duties of the Council to ensure the Council has the flexibility necessary to perform its work and allows it to pursue work that may broaden opportunity to obtain grant funding. This Act also clarifies that one member of the Council must be an individual with prior experience in working with victims of human trafficking in a legal or advocacy capacity and that this individual may reside in any county. This Act also clarifies how this member must be appointed. This Act adds additional reporting requirements, clarifies that the report is intended to be an annual report, and adds that the report must also be submitted to the Executive Director of the Criminal Justice Council. This Act removes language related to the initial startup of the Council because this language is no longer relevant. This Act also repeals § 787(k)(2)j. of this Title because the paragraph contains language that is no longer relevant. Procedural requirements for Council business are located in § 787(k)(4), so the procedural requirements in § 787(k)(2)j. were moved to § 787(k)(4)b. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including corresponding corrections to internal references in § 787(l) and § 787(m) since paragraphs within § 787(k) have been renumbered. The Council wishes to name this Act for and honor the late Ms. February O’Donnell and the late Ms. Amy Day. Ms. O’Donnell, a human trafficking survivor, and Ms. Day, a victims’ services volunteer who started the nonprofit, Meet Me At The Well, were remarkable women who helped lead the way in Delaware’s fight against human trafficking.
House Bill 430 -This Act creates a statewide Grow Your Own Educator Program to improve recruitment, retention, and diversity of educators in Delaware public schools. The Program establishes a competitive grant process to be administered by the Department of Education. Any Delaware reorganized school district or charter school can apply for a grant to establish its own unique Grow your Own Educator Program. Subject to funding grants will be awarded on a 2-year basis. Applicants must provide a detailed explanation how their proposed Program will be run, including any partnerships with institutions of higher education and whether the Program anticipates providing last dollar tuition and related educational financial assistance to candidates accepted into their Program who commit to teaching a minimum of 3 years, upon licensure, in the Applicant’s school district or charter school. Any awarded grant money must be used to initiate and run the Program. In evaluating applications that meet the Department’s criteria, if funding is limited, the Department will give additional weight to Applicants that prioritize recruiting candidates from high-need schools, placing teacher candidates in high-need schools, develop programs that support teacher professionals, including bilingual candidates and those without bachelor’s degrees, and leverage apprenticeship and year-long teacher residency models. The Department will annually provide Program data to the Senate and House Education Committees including the number of grant applications, the number of grants awarded, names of districts and charter schools receiving grants, and retention rate for educator candidates hired by the district or charter school. For fiscal year 2022-2023 $4,000,000 is anticipated being appropriated to the Department from the General Fund consistent with the agreed settlement terms in In Re Delaware Public Schools Litigation, C.A. No. 2018-0029-VCL which states, in part, that the Governor’s proposed budget for fiscal year 2023-2024 will include at least $4,000,000 to support enhanced teacher recruitment and retention in high-need schools. A portion of those funds will be allocated to implement the Grow Your Own Educator Program established in this Act.
House Bill 441 -This Act provides an alternative means for an educator to demonstrate competency and achieve a standard certificate beyond simply passing a content exam, such as the Praxis II. For those who are within 2 standard errors of measurement of the passing score, a certificate will be issued if the applicant has either (i) a GPA of 3.5 or higher; or (ii) a GPA between 3.0 and 3.49 and demonstrated competency through micro-credentialing, successful completion of a residency, or passing scores on performance assessments. Special education, administrator, and specialist certifications are not available through this alternate measure. This Act sunsets 1 year after its enactment unless extended through a subsequent act of the General Assembly.
House Bill 443 -The purpose of this Act is to achieve 3 goals: (1) Allow a person who is 18 years or older to serve alcoholic liquors or otherwise work in a taproom. (2) Allow a person who is under the age of 21 years to enter or remain in a taproom until 9:00 p.m. if the person is accompanied by a parent or legal guardian and the taproom both has a separate dining facility that seats at least 12 people and provides complete meals. (3) Allow a person who is under the age of 21 years to enter or remain in a taproom when there is a special event approved by the Commissioner, for the duration of the special event and if the person is accompanied by a parent or legal guardian.
House Bill 463 - This Act allows both of the following: (1) The employment of a person 18 years or older to work in any capacity in a tavern or taproom, except that a person less than 21 years old may not prepare alcoholic liquor for patrons of a tavern or taproom. A person 18 years or older may sell or serve alcoholic liquor for patrons of a tavern or taproom. (2) A person 18 years or older may enter a tavern or taproom to pick up a food order for delivery through a third-party delivery service.
Sponsored Legislation 150th Delaware General Assembly
HR 12 - This House Resolution requests the Domestic Violence Coordinating Council (“DVCC”) to examine the expansion of domestic violence, teen dating violence, and sexual violence advocacy and legal services to minors. The DVCC may study the issue with assistance from various organizations outlined in the Resolution to provide recommendations to the General Assembly by May 31, 2020.
HCR 6 - Recognizing the month of January 2019 as "Human Trafficking Awareness Month" in Delaware.
HCR 11 - This Concurrent Resolution recognizes April 7-13, 2019, as "Crime Victims' Rights Week" in the State of Delaware. Please visit the following websites for more information on Crime Victims’ Rights Week and the resources available to victims and survivors of crime. Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims’ Rights Task Force, at https://delawarevictimservices.org
HCR 18 - This Concurrent Resolution designates the week of March 25-31, 2018, as “PUBLIC SCHOOLS WEEK” and calls upon Delawareans to support public schools.
HCR 71 - This Concurrent Resolution recognizes January 2020 as Human Trafficking Awareness Month in Delaware.
HCR 76 - This Concurrent Resolution designates the week of February 24 - 28, 2020, as “PUBLIC SCHOOLS WEEK” and calls upon Delawareans to support public schools.
House Bill 11 - House Bill No. 363, as amended by House Amendment No. 1, of the 149th General Assembly changed the time that polls open for school board and school referendum elections to 7:00 a.m from prior time of 10:00 a.m. There are several sections of Title 14 that govern the hours that polls are open for elections under Title 14 and House Bill No. 363 did not include a revision to the hours listed in § 1907 of Title 14. This Act makes the technical correction to § 1907 of Title 14 so that it is consistent with the sections of Title 14 that were revised by House Bill No 363. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 23 - This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.
House Bill 47 - This bill removes the training minimum wage, which takes effect 90 days after enactment, and youth minimum wage, which takes effect January 1, 2020.
House Bill 48 - This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term. Pursuant to its terms, funding for K-3 special education will be phased in gradually over 4 years.
House Bill 62 - This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 65 - This bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.
House Substitute 1 for House Bill 92 - This This bill creates an Expanded Learning Opportunities Subcommittee as part of the Interagency Resource Management Committee (IRMC) to provide research, recommendations, and coordination regarding before and after school programs and summer learning opportunities for school-age children. The chairperson of the subcommittee is also added to the Interagency Resource Management Committee as a non-voting member. The creation of an Expanded Learning Opportunities Subcommittee was one of the primary recommendations of the Statewide Afterschool Initiative Task Force, which was created by the 148th General Assembly. The Task Force felt that the design and delivery of services would be enhanced by a standing body tasked with tracking developments across the country and in the State, with a view towards encouraging the development of programs and funding models that maximize positive outcomes.
House Bill 101 - This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 centers per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center.
House Bill 102 - This bill allows a person who is arrested or convicted of any crime, except a violent felony, which was a direct result of being a victim of human trafficking may file an application or for a pardon or expungement or make a motion to vacate judgment. This bill also makes changes to the Human Trafficking Interagency coordinating by adding another member of the judicial branch and a representative of the Department of Education. This bill also adds locations where a public awareness sign must be placed.
House Bill 111 & House Bill 202 w/ HA 1, 150th DE General Assembly - HB 111 allows school districts and charter schools in Delaware to utilize external camera systems on school buses to catch motorists that illegally pass school buses and punishes these motorist by issuing them a civil penalty.
HB 202 replaced HB 111 and created a pilot program for the Red Clay School District to utilize external camera systems on their school buses to catch motorists that illegally pass school buses and to punish these motorists by issuing them a civil penalty. The purpose of this bill is to protect children as they are in the process of boarding and exiting the school bus and to spread awareness of school bus traffic safety. At least 16 states have implemented similar legislation, including Pennsylvania in 2018. As Red Clay School District already has these cameras in operation, this program grants the authority to begin issuing violations to motorist that illegally pass school buses in their district.
House Bill 182 - This Act eliminates a barrier that prevents students from graduating from high school by prohibiting the Department of Education from requiring world language credits to receive a State of Delaware Diploma. Many students struggle to pass language classes and while language classes are often necessary for college admission, language classes are not necessary for entry into trades.
House Bill 183 - This Act exempts healthcare provider services subject to the Federal Emergency Medical Treatment and Active Labor Act from the provisions of Subchapter II of Chapter 23 of Title 19 because these services are required by federal law and not elective under this subchapter. This exemption was removed by error in 2014 by House Bill No. 373, as amended by House Amendment Nos. 1 and 2, of the 147th General Assembly.
House Bill 186 - This Act authorizes the Governor, Attorney General, Secretary of the Department, or General Assembly, including a House, joint committee, committee, or member of the General Assembly, to request, and requires the Auditor of Accounts conduct or contract for, an audit of a charter school's business and financial transactions, records, and accounts in certain circumstances. In addition, this Act makes clear that the Auditor of Accounts may not charge for an audit conducted or contracted for under this Act.
House Bill 192 - To address concerns regarding the actual and perceived fairness of lottery admissions to choice, charter, and vo-tech schools, this Act requires that a third party approved by the Department of Education and the State Board of Education conduct the lottery. The Department of Education currently has a contract with Data Service Center to perform the choice lottery for all schools and districts in Delaware. There is no cost to the districts or charters.
House Bill 201 - This Act requires the Department of Education ("Department") to administer the statewide program for services for students with autism spectrum disorder (“program”) and that the Department must hire the Director of the program.
House Bill 203 - This bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property, or has an existing clothing bin on a property, to obtain a permit from the Department of Health and Social Services. The bill also imposes civil penalties on those that violate any provision of this Act and allows for seizure of any violator’s clothing bin at its expense, with an appeal process in the Justice of the Peace Court.
House Bill 223 - Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.
House Substitute 1 for House Bill 251 - This bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees earn more than 50% of their income from tips or gratuities. This bill clarifies that employers may continue to pay a tipped minimum wage to primary direct service employees under this bill. Employers cannot direct employees to engage in tip pooling in Delaware—tip pooling arrangements must be controlled by the employees themselves. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities.
House Bill 252 - The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
House Bill 253 - In addition to criminal background checks that are to be done upon application, this bill further permits SBI to release subsequent criminal histories of any individuals applying to public and private schools, including substitute teachers, and individuals applying to any private school or youth camp.
House Bill 254 - This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-bearing seminars or workshops or credit-bearing coursework in order to attain standard certification in a state-approved critical need area.
House Bill 267 - This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.
House Bill 268 - This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
House Bill 289 - This bill clarifies when an employer may pay a training wage in lieu of the minimum wage. A training wage is only during the first 90 days after the employee is initially hired by the employer. This bill defines that as the first time an employee is trained for the duties of a position or a substantially similar position.
House Bill 314 - This bill requires that any general salary increase or one-time adjustments payable to public school employees likewise be payable to charter school employees. The bill also makes section 504A, Title 14 of the Delaware Code consistent with the Legislative Drafting Manual.
House Bill 328 - This Act prohibits multiple service charges for residential trash collection service. However, under this Act, specific charges are allowed for the following: 1. Late or nonpayment of an amount due. 2. Replacement of a container. 3. Collecting waste that cannot be collected using the container. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
HCR 6 - Recognizing the month of January 2019 as "Human Trafficking Awareness Month" in Delaware.
HCR 11 - This Concurrent Resolution recognizes April 7-13, 2019, as "Crime Victims' Rights Week" in the State of Delaware. Please visit the following websites for more information on Crime Victims’ Rights Week and the resources available to victims and survivors of crime. Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims’ Rights Task Force, at https://delawarevictimservices.org
HCR 18 - This Concurrent Resolution designates the week of March 25-31, 2018, as “PUBLIC SCHOOLS WEEK” and calls upon Delawareans to support public schools.
HCR 71 - This Concurrent Resolution recognizes January 2020 as Human Trafficking Awareness Month in Delaware.
HCR 76 - This Concurrent Resolution designates the week of February 24 - 28, 2020, as “PUBLIC SCHOOLS WEEK” and calls upon Delawareans to support public schools.
House Bill 11 - House Bill No. 363, as amended by House Amendment No. 1, of the 149th General Assembly changed the time that polls open for school board and school referendum elections to 7:00 a.m from prior time of 10:00 a.m. There are several sections of Title 14 that govern the hours that polls are open for elections under Title 14 and House Bill No. 363 did not include a revision to the hours listed in § 1907 of Title 14. This Act makes the technical correction to § 1907 of Title 14 so that it is consistent with the sections of Title 14 that were revised by House Bill No 363. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 23 - This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.
House Bill 47 - This bill removes the training minimum wage, which takes effect 90 days after enactment, and youth minimum wage, which takes effect January 1, 2020.
House Bill 48 - This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term. Pursuant to its terms, funding for K-3 special education will be phased in gradually over 4 years.
House Bill 62 - This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 65 - This bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.
House Substitute 1 for House Bill 92 - This This bill creates an Expanded Learning Opportunities Subcommittee as part of the Interagency Resource Management Committee (IRMC) to provide research, recommendations, and coordination regarding before and after school programs and summer learning opportunities for school-age children. The chairperson of the subcommittee is also added to the Interagency Resource Management Committee as a non-voting member. The creation of an Expanded Learning Opportunities Subcommittee was one of the primary recommendations of the Statewide Afterschool Initiative Task Force, which was created by the 148th General Assembly. The Task Force felt that the design and delivery of services would be enhanced by a standing body tasked with tracking developments across the country and in the State, with a view towards encouraging the development of programs and funding models that maximize positive outcomes.
House Bill 101 - This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 centers per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center.
House Bill 102 - This bill allows a person who is arrested or convicted of any crime, except a violent felony, which was a direct result of being a victim of human trafficking may file an application or for a pardon or expungement or make a motion to vacate judgment. This bill also makes changes to the Human Trafficking Interagency coordinating by adding another member of the judicial branch and a representative of the Department of Education. This bill also adds locations where a public awareness sign must be placed.
House Bill 111 & House Bill 202 w/ HA 1, 150th DE General Assembly - HB 111 allows school districts and charter schools in Delaware to utilize external camera systems on school buses to catch motorists that illegally pass school buses and punishes these motorist by issuing them a civil penalty.
HB 202 replaced HB 111 and created a pilot program for the Red Clay School District to utilize external camera systems on their school buses to catch motorists that illegally pass school buses and to punish these motorists by issuing them a civil penalty. The purpose of this bill is to protect children as they are in the process of boarding and exiting the school bus and to spread awareness of school bus traffic safety. At least 16 states have implemented similar legislation, including Pennsylvania in 2018. As Red Clay School District already has these cameras in operation, this program grants the authority to begin issuing violations to motorist that illegally pass school buses in their district.
House Bill 182 - This Act eliminates a barrier that prevents students from graduating from high school by prohibiting the Department of Education from requiring world language credits to receive a State of Delaware Diploma. Many students struggle to pass language classes and while language classes are often necessary for college admission, language classes are not necessary for entry into trades.
House Bill 183 - This Act exempts healthcare provider services subject to the Federal Emergency Medical Treatment and Active Labor Act from the provisions of Subchapter II of Chapter 23 of Title 19 because these services are required by federal law and not elective under this subchapter. This exemption was removed by error in 2014 by House Bill No. 373, as amended by House Amendment Nos. 1 and 2, of the 147th General Assembly.
House Bill 186 - This Act authorizes the Governor, Attorney General, Secretary of the Department, or General Assembly, including a House, joint committee, committee, or member of the General Assembly, to request, and requires the Auditor of Accounts conduct or contract for, an audit of a charter school's business and financial transactions, records, and accounts in certain circumstances. In addition, this Act makes clear that the Auditor of Accounts may not charge for an audit conducted or contracted for under this Act.
House Bill 192 - To address concerns regarding the actual and perceived fairness of lottery admissions to choice, charter, and vo-tech schools, this Act requires that a third party approved by the Department of Education and the State Board of Education conduct the lottery. The Department of Education currently has a contract with Data Service Center to perform the choice lottery for all schools and districts in Delaware. There is no cost to the districts or charters.
House Bill 201 - This Act requires the Department of Education ("Department") to administer the statewide program for services for students with autism spectrum disorder (“program”) and that the Department must hire the Director of the program.
House Bill 203 - This bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property, or has an existing clothing bin on a property, to obtain a permit from the Department of Health and Social Services. The bill also imposes civil penalties on those that violate any provision of this Act and allows for seizure of any violator’s clothing bin at its expense, with an appeal process in the Justice of the Peace Court.
House Bill 223 - Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.
House Substitute 1 for House Bill 251 - This bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees earn more than 50% of their income from tips or gratuities. This bill clarifies that employers may continue to pay a tipped minimum wage to primary direct service employees under this bill. Employers cannot direct employees to engage in tip pooling in Delaware—tip pooling arrangements must be controlled by the employees themselves. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities.
House Bill 252 - The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
House Bill 253 - In addition to criminal background checks that are to be done upon application, this bill further permits SBI to release subsequent criminal histories of any individuals applying to public and private schools, including substitute teachers, and individuals applying to any private school or youth camp.
House Bill 254 - This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-bearing seminars or workshops or credit-bearing coursework in order to attain standard certification in a state-approved critical need area.
House Bill 267 - This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.
House Bill 268 - This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
House Bill 289 - This bill clarifies when an employer may pay a training wage in lieu of the minimum wage. A training wage is only during the first 90 days after the employee is initially hired by the employer. This bill defines that as the first time an employee is trained for the duties of a position or a substantially similar position.
House Bill 314 - This bill requires that any general salary increase or one-time adjustments payable to public school employees likewise be payable to charter school employees. The bill also makes section 504A, Title 14 of the Delaware Code consistent with the Legislative Drafting Manual.
House Bill 328 - This Act prohibits multiple service charges for residential trash collection service. However, under this Act, specific charges are allowed for the following: 1. Late or nonpayment of an amount due. 2. Replacement of a container. 3. Collecting waste that cannot be collected using the container. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsored Legislation 149th Delaware General Assembly
HJR 2 - This joint resolution rejects the report of the Delaware Compensation Commission in its entirety.
HCR 8 - This House Concurrent Resolution urges the President and Congress to enact legislation that would reinstate the separation of commercial and investment banking functions that were in effect under the Glass-Steagall Act.
House Resolution 20 - Pay for Success arrangements, whereby a government enters into a contract that ties payment for service delivery to the achievement of measurable outcomes, are an innovative tool being used by state and local governments. This Resolution tasks the Office of Management and Budget, Department of Finance, and the Office of the Controller General with evaluating the potential for the State to enter into a Pay for Success contract with a report due to the members of the General Assembly by December 31, 2017.
HS 1 for House Bill 12 - This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.Pursuant to its terms, funding for K-3 special education will be phased in gradually over 4 years.
House Bill 51 - In 2016, the Legislature provided a reimbursement for teachers employed in Delaware who had to pay the 1-time licensure fee. By using "teacher", we inadvertently excluded specialists including school media specialists, school counselors, school nurses, et cetera. This Bill changes "teacher" to "educator" to include specialists and other educators.
House Bill 58 - This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.
House Bill 78 - This Act improves the enforcement mechanisms related to Delaware’s campaign finance disclosure laws in four ways. First, this Act amends § 8040, Title 15 to require that the Superior Court may not grant a certificate of election to a successful candidate for office until the candidate has paid all fines assessed by the Commissioner of Elections (“Commissioner”) for the candidate’s willful failure to file a required campaign finance report. And, this Act specifically requires the Commissioner to provide the Superior Court with the information necessary for the Court to perform its function. Second, this Act further amends § 8040, Title 15 to prohibit an individual from being a candidate in a future election until all previous campaign finance reports are filed and all previously assessed fines assessed by the Commissioner are paid. Third, this Act clarifies the time frame in which the Commissioner must notify a candidate that a report is incomplete or tardy and decreases the time in which a candidate may appeal the Commissioner’s decision to issue a fine for a tardy or incomplete report. Fourth, this Act amends § 8044, Title 15 to require the Commissioner to publish, on the Department of Elections website, the name of any candidate who has (1) willfully neglected to file a campaign finance report, (2) been assessed a fine by the Commissioner for willfully neglecting to file a campaign finance report, or (3) been reported to the Office of the Attorney General by the Commissioner.
House Bill 85 - This bill eliminates preferences for students living within a 5-mile radius of a charter school. This change was supported by a majority vote of the Enrollment Preferences Task Force established by House Bill 90 of the 147th General Assembly. The Act will take effect for the 2018-2019 school year, and any charter schools currently using the 5-mile preference must cease application of that preference at that time. This Act will allow a school to exercise a preference for students located in that portion of a district which is geographically contiguous with the location of the school.
House Bill 92 - This bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.
House Bill 99 - This bill would require that a resident 65 years of age or older claiming a tax credit against school taxes must be a resident of the state for at least 10 years before qualifying for such credit. The current requirement is only for 3-year residency. This bill makes a conforming change in the Code provision governing reimbursements from the General Fund. It also eliminates language related to 2001 taxes, which is no longer relevant. This change will be effective for tax and fiscal years after January 1, 2017. Those residents who would have become eligible over the last three years under the prior version of the statute will remain eligible.
House Bill 142 - This Act will improve guidelines for training by school districts and charters as it pertains to School Resource Officers (SRO), their duties and training when interacting with students with disabilities. The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.
House Substitute 1 for House Bill 143 - This Act removes the provisional license and re-establishes a 3 tiered licensure system. An initial license provides for two years for the initial licensee to obtain a passing score on an approved performance assessment. This Act provides for reciprocity for a state-created and approved performance assessment from another state or jurisdiction to meet the performance assessment requirement. This Act also eliminates the general knowledge exam for licensure which will result in a savings to the candidate of a range of $100 to $150. Additionally, this Act provides for a reimbursement of no less than $100 to a license holder who meets the performance assessment requirement and becomes employed in a Delaware public school. The Department will be responsible for training local district and school staff on the performance assessment. Additionally, the Department of Education leadership, including the Secretary of Education will be trained on the performance assessment. For enactment, any individual provided an initial license prior to the enactment date will not be subject to the requirement of obtaining a passing score on a performance assessment. Additionally, any individual provided a provisional license prior to the enactment date will be reissued an initial license and the 2 year requirement for meeting the performance assessment will become effective commencing on the new issue date. The remainder of the bill makes conforming changes to cross-references and license designations.
House Bill 193 - This Act authorizes teacher candidates who will participate in the “alternative routes” for teacher licensure and certification program hired after July 1 of a school year to fulfill the 120 hour seminar/practicum requirement prior to the start of the following school year.
House Bill 218 - This Act removes the ability of members of the Interagency Resource Management Committee to appoint designees to serve in their stead.
House Bill 223 - This bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property to first obtain a permit from the Department of Health and Social Services before placing the bin.
House Bill 251 - Advance deposit wagering (“ADW”) has been the only growing segment of the pari-mutuel industry for more than a decade, is practiced nationwide especially in all of our surrounding states, and has been practiced by Delaware residents without authority or regulation, providing no contribution to the State’s racing industry. This Amendment provides for proceeds of advance deposit wagering that is conducted in the state to be used to support and improve the horse racing industry in Delaware by improving purses, supporting breeding, and ensuring that the industry is adequately regulated for the protection of all participants.
House Bill 252 - Section 1 of this Act enhances the State’s ability to collect delinquent taxes by (a) allowing for renewal of a judgment for unpaid taxes beyond the current 20 year limit for an additional term of 20 years, and (b) allows for recording of a judgment for unpaid taxes in any county of the State. Section 2 makes it clear that this legislation is effective as of July 1, 2017.
House Bill 268 - This bill converts the senior property tax credit from a credit against the school taxes imposed and collected at the county level to a means-tested refundable income tax credit to be administered by the Department of Finance, Division of Revenue. For eligible seniors who do not file a personal income tax because their income falls below the threshold set by the Code, the Division will issue a rebate in the amount for which that person is eligible. The Division is authorized to promulgate whatever forms or rules are necessary to administer this section. The tax credit will become effective as early as tax year 2019 upon certification by the Secretary of Finance that systems are in place for the Division of Revenue to administer the credit.
House Bill 269 - Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.
House for Bill 286 - Enactment of the Every Student Succeeds Act amended the Individuals with Disability Education Act (“IDEA”) by mandating that special education teachers must have obtained full certification and may not be working under emergency certifications. The Delaware Department of Education must stop issuing emergency certifications in special education in order for for the State to continue receiving $36 million in federal IDEA funding for our schools. This Act creates a mechanism that is in compliance with federal requirements to enable educators to obtain a certificate of eligibility in the areas of special education. Educators will be able to meet federal requirements while being enrolled in an approved, alternative routes to certification program. This Act will allow local education agencies to staff special education classrooms while ensuring the educators are receiving high quality training working toward their standard certificate in the appropriate area of special education. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 287 - This Act replaces the term "Certificate of Performance" with "State of Delaware High School Diploma of Modified Performance Standards." Doing so provides the opportunity for schools to award students who meet the requirements of their Individualized Education Plans ("IEP") a high school diploma which recognizes the accomplishment of having attained a level of performance that is modified from the State graduation requirements but aligned with their established goals and performance outcomes. This high school diploma will be awarded on the same criteria for which some students with special needs are currently issued a Certificate of Performance. Issuing a Certificate of Performance instead of awarding a diploma has had a negative impact on students' employment and education opportunities. Under this Act, a student who successfully completes the requirements of his or her IEP will receive a high school diploma, thereby having access to greater career and education opportunities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 288 - Under this Act, two circumstances which currently subject alcoholic liquor license holders or individuals to fines will be permitted: (1) An individual who is 19 years or older may serve alcohol to taproom patrons if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. (2) A taproom may allow an individual under the age of 21 years to enter the licensed premises until 9:00 p.m., if accompanied by a parent or legal guardian, and if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 326 - This Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.
House Bill 337 - This Act prohibits marriage of individuals under 18 years of age. - First state in the nation to pass this law.
House Bill 363 - This bill changes the time of school board and school referendum election from 10:00 a.m. to 8:00 p.m. to 7:00 a.m. to 8:00 p.m.
House Bill 433 - This Act expands the pathways to entering an alternative routes for teacher licensure and certification program (“ARTC”) casting a wider net in order to attract a diverse pool of qualified candidates into the field of education as the need for teachers, particularly in critical needs areas, has increased. It also clarifies district and charter school responsibilities and ARTC program provider responsibilities, to assure proper supports are in place. Under this Act, attainment of final licensure and certification is contingent on meeting all ARTC program requirements, demonstrating effective teaching based on a state-approved evaluation system, and attaining passing scores on applicable and available approved content readiness exams and a performance assessment. These exit requirements hold ARTC participants to the same high standards for final licensure and certification as those entering the field from a typical teacher pre-service program. This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 461 - Delaware law criminalizes “therapeutic deception,” a representation by the health professional that sexual contact by the health professional is consistent with or part of the patient’s treatment. This Act creates a felony level offense for a person that is a health professional and who, in the course of providing professional health services to the victim, intentionally has sexual contact with the victim. This would criminalize all sexual contact between a health professional and the health professional’s patient. This Act makes this conduct a felony offense, rather than a misdemeanor, due to the vulnerability of the victim as a patient seeking services from a health professional.
HCR 8 - This House Concurrent Resolution urges the President and Congress to enact legislation that would reinstate the separation of commercial and investment banking functions that were in effect under the Glass-Steagall Act.
House Resolution 20 - Pay for Success arrangements, whereby a government enters into a contract that ties payment for service delivery to the achievement of measurable outcomes, are an innovative tool being used by state and local governments. This Resolution tasks the Office of Management and Budget, Department of Finance, and the Office of the Controller General with evaluating the potential for the State to enter into a Pay for Success contract with a report due to the members of the General Assembly by December 31, 2017.
HS 1 for House Bill 12 - This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.Pursuant to its terms, funding for K-3 special education will be phased in gradually over 4 years.
House Bill 51 - In 2016, the Legislature provided a reimbursement for teachers employed in Delaware who had to pay the 1-time licensure fee. By using "teacher", we inadvertently excluded specialists including school media specialists, school counselors, school nurses, et cetera. This Bill changes "teacher" to "educator" to include specialists and other educators.
House Bill 58 - This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.
House Bill 78 - This Act improves the enforcement mechanisms related to Delaware’s campaign finance disclosure laws in four ways. First, this Act amends § 8040, Title 15 to require that the Superior Court may not grant a certificate of election to a successful candidate for office until the candidate has paid all fines assessed by the Commissioner of Elections (“Commissioner”) for the candidate’s willful failure to file a required campaign finance report. And, this Act specifically requires the Commissioner to provide the Superior Court with the information necessary for the Court to perform its function. Second, this Act further amends § 8040, Title 15 to prohibit an individual from being a candidate in a future election until all previous campaign finance reports are filed and all previously assessed fines assessed by the Commissioner are paid. Third, this Act clarifies the time frame in which the Commissioner must notify a candidate that a report is incomplete or tardy and decreases the time in which a candidate may appeal the Commissioner’s decision to issue a fine for a tardy or incomplete report. Fourth, this Act amends § 8044, Title 15 to require the Commissioner to publish, on the Department of Elections website, the name of any candidate who has (1) willfully neglected to file a campaign finance report, (2) been assessed a fine by the Commissioner for willfully neglecting to file a campaign finance report, or (3) been reported to the Office of the Attorney General by the Commissioner.
House Bill 85 - This bill eliminates preferences for students living within a 5-mile radius of a charter school. This change was supported by a majority vote of the Enrollment Preferences Task Force established by House Bill 90 of the 147th General Assembly. The Act will take effect for the 2018-2019 school year, and any charter schools currently using the 5-mile preference must cease application of that preference at that time. This Act will allow a school to exercise a preference for students located in that portion of a district which is geographically contiguous with the location of the school.
House Bill 92 - This bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.
House Bill 99 - This bill would require that a resident 65 years of age or older claiming a tax credit against school taxes must be a resident of the state for at least 10 years before qualifying for such credit. The current requirement is only for 3-year residency. This bill makes a conforming change in the Code provision governing reimbursements from the General Fund. It also eliminates language related to 2001 taxes, which is no longer relevant. This change will be effective for tax and fiscal years after January 1, 2017. Those residents who would have become eligible over the last three years under the prior version of the statute will remain eligible.
House Bill 142 - This Act will improve guidelines for training by school districts and charters as it pertains to School Resource Officers (SRO), their duties and training when interacting with students with disabilities. The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.
House Substitute 1 for House Bill 143 - This Act removes the provisional license and re-establishes a 3 tiered licensure system. An initial license provides for two years for the initial licensee to obtain a passing score on an approved performance assessment. This Act provides for reciprocity for a state-created and approved performance assessment from another state or jurisdiction to meet the performance assessment requirement. This Act also eliminates the general knowledge exam for licensure which will result in a savings to the candidate of a range of $100 to $150. Additionally, this Act provides for a reimbursement of no less than $100 to a license holder who meets the performance assessment requirement and becomes employed in a Delaware public school. The Department will be responsible for training local district and school staff on the performance assessment. Additionally, the Department of Education leadership, including the Secretary of Education will be trained on the performance assessment. For enactment, any individual provided an initial license prior to the enactment date will not be subject to the requirement of obtaining a passing score on a performance assessment. Additionally, any individual provided a provisional license prior to the enactment date will be reissued an initial license and the 2 year requirement for meeting the performance assessment will become effective commencing on the new issue date. The remainder of the bill makes conforming changes to cross-references and license designations.
House Bill 193 - This Act authorizes teacher candidates who will participate in the “alternative routes” for teacher licensure and certification program hired after July 1 of a school year to fulfill the 120 hour seminar/practicum requirement prior to the start of the following school year.
House Bill 218 - This Act removes the ability of members of the Interagency Resource Management Committee to appoint designees to serve in their stead.
House Bill 223 - This bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property to first obtain a permit from the Department of Health and Social Services before placing the bin.
House Bill 251 - Advance deposit wagering (“ADW”) has been the only growing segment of the pari-mutuel industry for more than a decade, is practiced nationwide especially in all of our surrounding states, and has been practiced by Delaware residents without authority or regulation, providing no contribution to the State’s racing industry. This Amendment provides for proceeds of advance deposit wagering that is conducted in the state to be used to support and improve the horse racing industry in Delaware by improving purses, supporting breeding, and ensuring that the industry is adequately regulated for the protection of all participants.
House Bill 252 - Section 1 of this Act enhances the State’s ability to collect delinquent taxes by (a) allowing for renewal of a judgment for unpaid taxes beyond the current 20 year limit for an additional term of 20 years, and (b) allows for recording of a judgment for unpaid taxes in any county of the State. Section 2 makes it clear that this legislation is effective as of July 1, 2017.
House Bill 268 - This bill converts the senior property tax credit from a credit against the school taxes imposed and collected at the county level to a means-tested refundable income tax credit to be administered by the Department of Finance, Division of Revenue. For eligible seniors who do not file a personal income tax because their income falls below the threshold set by the Code, the Division will issue a rebate in the amount for which that person is eligible. The Division is authorized to promulgate whatever forms or rules are necessary to administer this section. The tax credit will become effective as early as tax year 2019 upon certification by the Secretary of Finance that systems are in place for the Division of Revenue to administer the credit.
House Bill 269 - Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.
House for Bill 286 - Enactment of the Every Student Succeeds Act amended the Individuals with Disability Education Act (“IDEA”) by mandating that special education teachers must have obtained full certification and may not be working under emergency certifications. The Delaware Department of Education must stop issuing emergency certifications in special education in order for for the State to continue receiving $36 million in federal IDEA funding for our schools. This Act creates a mechanism that is in compliance with federal requirements to enable educators to obtain a certificate of eligibility in the areas of special education. Educators will be able to meet federal requirements while being enrolled in an approved, alternative routes to certification program. This Act will allow local education agencies to staff special education classrooms while ensuring the educators are receiving high quality training working toward their standard certificate in the appropriate area of special education. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 287 - This Act replaces the term "Certificate of Performance" with "State of Delaware High School Diploma of Modified Performance Standards." Doing so provides the opportunity for schools to award students who meet the requirements of their Individualized Education Plans ("IEP") a high school diploma which recognizes the accomplishment of having attained a level of performance that is modified from the State graduation requirements but aligned with their established goals and performance outcomes. This high school diploma will be awarded on the same criteria for which some students with special needs are currently issued a Certificate of Performance. Issuing a Certificate of Performance instead of awarding a diploma has had a negative impact on students' employment and education opportunities. Under this Act, a student who successfully completes the requirements of his or her IEP will receive a high school diploma, thereby having access to greater career and education opportunities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 288 - Under this Act, two circumstances which currently subject alcoholic liquor license holders or individuals to fines will be permitted: (1) An individual who is 19 years or older may serve alcohol to taproom patrons if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. (2) A taproom may allow an individual under the age of 21 years to enter the licensed premises until 9:00 p.m., if accompanied by a parent or legal guardian, and if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 326 - This Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.
House Bill 337 - This Act prohibits marriage of individuals under 18 years of age. - First state in the nation to pass this law.
House Bill 363 - This bill changes the time of school board and school referendum election from 10:00 a.m. to 8:00 p.m. to 7:00 a.m. to 8:00 p.m.
House Bill 433 - This Act expands the pathways to entering an alternative routes for teacher licensure and certification program (“ARTC”) casting a wider net in order to attract a diverse pool of qualified candidates into the field of education as the need for teachers, particularly in critical needs areas, has increased. It also clarifies district and charter school responsibilities and ARTC program provider responsibilities, to assure proper supports are in place. Under this Act, attainment of final licensure and certification is contingent on meeting all ARTC program requirements, demonstrating effective teaching based on a state-approved evaluation system, and attaining passing scores on applicable and available approved content readiness exams and a performance assessment. These exit requirements hold ARTC participants to the same high standards for final licensure and certification as those entering the field from a typical teacher pre-service program. This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.
House Bill 461 - Delaware law criminalizes “therapeutic deception,” a representation by the health professional that sexual contact by the health professional is consistent with or part of the patient’s treatment. This Act creates a felony level offense for a person that is a health professional and who, in the course of providing professional health services to the victim, intentionally has sexual contact with the victim. This would criminalize all sexual contact between a health professional and the health professional’s patient. This Act makes this conduct a felony offense, rather than a misdemeanor, due to the vulnerability of the victim as a patient seeking services from a health professional.
Sponsored Legislation 148th Delaware General Assembly
HS 1 for HB 1 w/HA 1 - This bill will require responsible employees of institutions of higher education to offer to victims to report incidents of sexual assault perpetrated by or against a student to the law enforcement authorities or public safety officials serving the institution. Employees are also responsible for informing victims of their rights under the Victims’ Bill of Rights in Chapter 11, as well as available confidential medical, counseling, and advocacy services.
Law enforcement agencies shall make reasonable efforts to ensure a victim's privacy when contacting a victim and are required to inform the victim of their rights under the Victims’ Bill of Rights, as well as available confidential medical, counseling, and advocacy services.
Exceptions to the reporting requirement are made for persons with privilege against disclosing communications, as well as sexual assault victim advocates. There is also an exception for disclosures made at student-led speak out events.
Institutions will be required to train all staff in the reporting requirement and the nature and prevalence of sexual assaults on campus, as well as their reporting requirements under Title IX. Staff must be trained in trauma-informed best practices with regard to responding to disclosures of sexual assault. Academic institutions will certify compliance with the training requirement to the Office of Higher Education and the Department of Justice. Training is also required for all students regarding sexual assault and the reporting requirement, as well as prevention and awareness training. Additional training is mandated for high risk student groups such as athletes, fraternities and sororities, and international students.
The Department of Justice is empowered to fine academic institutions for failure to comply with the reporting and training requirements. Any penalty collected will go to the Criminal Justice Council, to be deposited in a fund for the benefit of sexual assault survivors at academic institutions, and for use in other sexual assault awareness and prevention programs.
Academic institutions and law enforcement agencies are required to make annual reports to the Office of Higher Education and the Department of Justice. Schools will report the total number of sexual assault reports made to the institution’s Title IX coordinator including the aggregate data regarding the nature of the assault, outcomes of the investigations and penalties enforced by the school against the perpetrator of a sexual assault where the assault was found substantiated. Law enforcement agencies will convey the number and nature of college-related sexual assaults and criminal actions and outcomes related thereto. The Office of Higher Education and the Department of Justice will aggregate the data received and make a report to the General Assembly and the Governor.
The training requirements will be effective one year after enactment and the remainder of the chapter will become effective two years after enactment.
House Bill 28 - Absent an agreement with the school district, charter schools are currently able to retain any funding received for the fiscal year for a student who transfers mid-year from the charter school to a school district. This bill mandates that, if a student transfers from a charter school to a school district after September 30th, such funds will be prorated between the charter school and the school district where the student is then enrolled.
House Bill 30 - This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.
House Bill 53 - Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct audits for the time periods starting on or after July 1, 2015.
House Bill 75 - The continued existence and dissemination of juvenile criminal histories hampers an individual’s ability to be a successful and productive member of society. Juvenile criminal histories are a hindrance to employment, education, housing and credit. This act modifies the discretionary expungement provisions to allow more individuals the ability to petition the Court for an expungement. These changes allow the Court to consider an expungement where the individual has demonstrated rehabilitation despite multiple youthful indiscretions. These provisions will enable a greater number of deserving youth the ability to move beyond their past and recognizes that most youth mature out of offending behavior.
House Bill 107 - This bill articulates the principle that local school districts and school boards should have the authority to select their own leaders and staff from a pool of qualified applicants. These are decisions best left at the local level rather than imposed by a central authority.
House Bill 108 - This bill requires that the General Assembly approve any ESEA Flexibility waiver prior to its submission to the U.S. Department of Education.
House Bill 130 - This bill creates a felony level offense for a person that is a health professional and in the course of providing professional health services to the victim, intentionally has sexual contact with the victim. This bill adds to the existing crime of unlawful sexual contact in the second degree and makes the conduct described therein as a felony offense, rather than a misdemeanor, due to the vulnerability of the victim as a patient seeking services from a health professional.
House Bill 146 - Delaware is one of only a few states that does not charge a fee for educator licensure or for certifications. Delaware processes approximately 10,000 applications for licensure and certification each year, in addition to other processing requests for current educators, such as plus credits. Because of reciprocity agreements and the lack of license fees in our state, the Department of Education processes approximately one to two thousand applications per year from applicants outside of the State of Delaware who do not become employed here. Establishing a $100 fee for new licenses will help deter applicants who apply because of the lack of cost and with the intent to seek reciprocity elsewhere. This will reduce the processing burden and allow the licensure office to better serve the needs of Delaware’s educators.
House Bill 154 - This bill is a companion to House Bill No. 53 and is conditioned upon that bill’s enactment. This bill clarifies that charter schools do not have to contract for a separate audit, but rather are subject to a postaudit conducted by the Auditor of Accounts.
House Bill 167 - This bill improves the enforcement mechanisms related to Delaware’s campaign finance disclosure laws in four ways.
First, this Act amends § 8040, Title 15 to require that the Superior Court may not grant a certificate of election to a successful candidate for office until the candidate has paid all fines assessed by the Commissioner of Elections (“Commissioner”) for the candidate’s wilful failure to file a required campaign finance report. And, this Act specifically requires the Commissioner to provide the Superior Court with the information necessary for the Court to perform its function.
Second, this Act further amends § 8040, Title 15 to prohibit an individual from being a candidate in a future election until all previous campaign finance reports are filed and all previously assessed fines assessed by the Commissioner are paid.
Third, this Act clarifies the time frame in which the Commissioner must notify a candidate that a report is incomplete or tardy and decreases the time in which a candidate may appeal the Commissioner’s decision to issue a fine for a tardy or incomplete report.
Fourth, this Act amends § 8044, Title 15 to require the Commissioner to publish, on the Department of Elections website, the name of any candidate who has (1) wilfully neglected to file a campaign finance report, (2) been assessed a fine by the Commissioner for wilfully neglecting to file a campaign finance report, or (3) been reported to the Office of the Attorney General by the Commissioner.
Additionally, this Act amends § 8044(c), Title 15 in keeping with the style and formatting guidelines of the Delaware Legislative Drafting Manual.
House Bill 186 - Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct postaudits for the time periods starting on or after July 1, 2015.
House Bill 232 - This Act will require the State Board of Education to accept public comment on all agenda items at its meetings, including charter school applications and changes to regulations. The Board is not required to accept public comment concerning student disciplinary appeals. The Board retains discretion to limit the manner, length, and timing of public comment at its meetings.
House Bill 234 - This bill requires all public secondary schools, including vocational-technical schools, but not including charter schools, to have a school-based health center. The state is required to fund start-up costs at the rate of one school per year for secondary schools that currently lack such a health center. Wellness centers are an important means of providing preventative and primary medical care to teens and overcoming obstacles to care such as lack of transportation and cost. Pursuant to House Bill No. 303, approved in June of 2012, insurers are required to reimburse for services provided at school-based health centers recognized by Delaware’s Division of Public Health. Under DPH regulations students under 18 must enroll for service by having a parent or guardian sign a consent form.
House Bill 250 - In 2014, the Legislature passed a bill adding instances of “reported and recorded” bullying to the list of reasons why a child could be withdrawn from a choice or charter school before the expiration of the statutory minimum enrollment period or why an application for admission or withdrawal could be accepted outside of the statutory time frame for submission. This bill seeks to clarify and strengthen that law by adding a requirement that the instance of bullying must also be substantiated. This will ensure the integrity of the law by limiting its exploitation by persons who wish to change schools for unrelated reasons, but preserving the exception for children truly in need of special consideration due to school bullying.
House Bill 260 - This bill requires State Board of Education to hold all of its meetings at 5:30 p.m. or after, in order to facilitate the attendance of interested teachers, parents, and community members. The mission statement of the State Board of Education emphasizes that “[i]n collaboration with community and stakeholders,” the Board “serves as the primary voice for Delaware citizens on education policy.” However, the Board’s current practice of holding their meetings at 1:00 p.m. on Thursdays does not facilitate the attendance of teachers and working parents and concerned citizens. Holding meetings in the evening hours would facilitate access and input and allow the Board to better fulfill its representative mission.
House Bill 279 - This bill would require that public comment be permitted at all open meetings of any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel or council. The minimum time will be one minute. Maximum time and procedural rules are left to the discretion of the meeting body.
House Bill 288 - This legislation increases the penalty of unlawfully using any brake or braking system that is attached to, or an integral part of the vehicle’s internal combustion engine or exhaust systems, also known as a jake brake, to include a moving violation.
Currently, 21 Del. C. § 4303(c) states that no motor vehicle, when operated upon a highway in this State, shall utilize or employ any brake or braking system that is attached to, or an integral part of, the vehicle's internal combustion engine or exhaust systems.
House Bill 292 - This bill requires schools to post the toll-free telephone report line number for child abuse and neglect in a conspicuous location, where it may be viewed by students. Currently the number is 1-800-292-9582.
House Bill 307 - In 2015, the Legislature enacted the one-time fee of no more than $100 for an educator’s first license in Delaware. This Bill provides a waiver for graduates of Delaware high schools and graduates of teacher preparatory programs located in Delaware.
House Bill 317 - This bill prohibits discrimination in employment based upon an individual’s caregiving responsibilities. Workers should be judged on the merits of their performance at work, not their responsibilities at home. Five states and over 90 localities prohibit discrimination based on family responsibilities to some degree. This bill ensures Delaware workers with responsibilities for child care, elder care, or both, receive equal employment opportunities and are protected from discrimination in the workplace.
House Bill 359 - This bill expressly provides that, for purposes of the Freedom of Information Act, a member of a public body must appear in person or by video-conferencing, rather than by proxy. As with the common law rule regarding voting by proxy for municipal and charitable corporations, membership in a public body is coupled with no pecuniary interest and is of the nature of a personal trust. See, e.g., Walker v. Johnson, 17 App. D.C. 144, 162, (D.C. Cir. 1900). The right to vote is committed to the discretion of the member of the public body as an individual and should not be susceptible to exercise through delegation.
House Bill 391 - This bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.
Section 1 of this Act codifies the Juvenile Offender Civil Citation Program administered by the Division of Youth Rehabilitative Services within the Department of Services for Children, Youth and Their Families.
Section 2 of this Act mandates that the Civil Citation Coordinator and the Quality Assurance Unit of the Division of Youth and Rehabilitative Services will collect and analyze program data, and make annual recommendations to the Criminal Justice Council/Juvenile Justice Advisory Group and the General Assembly.
Section 3 of this Act states that it shall expire 2 years after its enactment into law unless otherwise provided by a subsequent act of the General Assembly.
House Bill 417 - For a person who intentionally or recklessly causes physical injury to a child when the person has engaged in a previous pattern of abuse, neglect, or both, of that child, this Bill raises the crime from third degree child abuse to second degree child abuse and, thus, from a class A misdemeanor to a class G felony.
House Bill 435 - This Act seeks to strengthen certain aspects of Title 14 of the Delaware Code with respect to charter school audits and seeks to improve the relevant sections of the Title for consistency and cross-reference of terms. The Act allows charter schools to contract for an audit, unless the State Auditor has to perform the audit due to any of the specified circumstances.
Law enforcement agencies shall make reasonable efforts to ensure a victim's privacy when contacting a victim and are required to inform the victim of their rights under the Victims’ Bill of Rights, as well as available confidential medical, counseling, and advocacy services.
Exceptions to the reporting requirement are made for persons with privilege against disclosing communications, as well as sexual assault victim advocates. There is also an exception for disclosures made at student-led speak out events.
Institutions will be required to train all staff in the reporting requirement and the nature and prevalence of sexual assaults on campus, as well as their reporting requirements under Title IX. Staff must be trained in trauma-informed best practices with regard to responding to disclosures of sexual assault. Academic institutions will certify compliance with the training requirement to the Office of Higher Education and the Department of Justice. Training is also required for all students regarding sexual assault and the reporting requirement, as well as prevention and awareness training. Additional training is mandated for high risk student groups such as athletes, fraternities and sororities, and international students.
The Department of Justice is empowered to fine academic institutions for failure to comply with the reporting and training requirements. Any penalty collected will go to the Criminal Justice Council, to be deposited in a fund for the benefit of sexual assault survivors at academic institutions, and for use in other sexual assault awareness and prevention programs.
Academic institutions and law enforcement agencies are required to make annual reports to the Office of Higher Education and the Department of Justice. Schools will report the total number of sexual assault reports made to the institution’s Title IX coordinator including the aggregate data regarding the nature of the assault, outcomes of the investigations and penalties enforced by the school against the perpetrator of a sexual assault where the assault was found substantiated. Law enforcement agencies will convey the number and nature of college-related sexual assaults and criminal actions and outcomes related thereto. The Office of Higher Education and the Department of Justice will aggregate the data received and make a report to the General Assembly and the Governor.
The training requirements will be effective one year after enactment and the remainder of the chapter will become effective two years after enactment.
House Bill 28 - Absent an agreement with the school district, charter schools are currently able to retain any funding received for the fiscal year for a student who transfers mid-year from the charter school to a school district. This bill mandates that, if a student transfers from a charter school to a school district after September 30th, such funds will be prorated between the charter school and the school district where the student is then enrolled.
House Bill 30 - This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.
House Bill 53 - Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct audits for the time periods starting on or after July 1, 2015.
House Bill 75 - The continued existence and dissemination of juvenile criminal histories hampers an individual’s ability to be a successful and productive member of society. Juvenile criminal histories are a hindrance to employment, education, housing and credit. This act modifies the discretionary expungement provisions to allow more individuals the ability to petition the Court for an expungement. These changes allow the Court to consider an expungement where the individual has demonstrated rehabilitation despite multiple youthful indiscretions. These provisions will enable a greater number of deserving youth the ability to move beyond their past and recognizes that most youth mature out of offending behavior.
House Bill 107 - This bill articulates the principle that local school districts and school boards should have the authority to select their own leaders and staff from a pool of qualified applicants. These are decisions best left at the local level rather than imposed by a central authority.
House Bill 108 - This bill requires that the General Assembly approve any ESEA Flexibility waiver prior to its submission to the U.S. Department of Education.
House Bill 130 - This bill creates a felony level offense for a person that is a health professional and in the course of providing professional health services to the victim, intentionally has sexual contact with the victim. This bill adds to the existing crime of unlawful sexual contact in the second degree and makes the conduct described therein as a felony offense, rather than a misdemeanor, due to the vulnerability of the victim as a patient seeking services from a health professional.
House Bill 146 - Delaware is one of only a few states that does not charge a fee for educator licensure or for certifications. Delaware processes approximately 10,000 applications for licensure and certification each year, in addition to other processing requests for current educators, such as plus credits. Because of reciprocity agreements and the lack of license fees in our state, the Department of Education processes approximately one to two thousand applications per year from applicants outside of the State of Delaware who do not become employed here. Establishing a $100 fee for new licenses will help deter applicants who apply because of the lack of cost and with the intent to seek reciprocity elsewhere. This will reduce the processing burden and allow the licensure office to better serve the needs of Delaware’s educators.
House Bill 154 - This bill is a companion to House Bill No. 53 and is conditioned upon that bill’s enactment. This bill clarifies that charter schools do not have to contract for a separate audit, but rather are subject to a postaudit conducted by the Auditor of Accounts.
House Bill 167 - This bill improves the enforcement mechanisms related to Delaware’s campaign finance disclosure laws in four ways.
First, this Act amends § 8040, Title 15 to require that the Superior Court may not grant a certificate of election to a successful candidate for office until the candidate has paid all fines assessed by the Commissioner of Elections (“Commissioner”) for the candidate’s wilful failure to file a required campaign finance report. And, this Act specifically requires the Commissioner to provide the Superior Court with the information necessary for the Court to perform its function.
Second, this Act further amends § 8040, Title 15 to prohibit an individual from being a candidate in a future election until all previous campaign finance reports are filed and all previously assessed fines assessed by the Commissioner are paid.
Third, this Act clarifies the time frame in which the Commissioner must notify a candidate that a report is incomplete or tardy and decreases the time in which a candidate may appeal the Commissioner’s decision to issue a fine for a tardy or incomplete report.
Fourth, this Act amends § 8044, Title 15 to require the Commissioner to publish, on the Department of Elections website, the name of any candidate who has (1) wilfully neglected to file a campaign finance report, (2) been assessed a fine by the Commissioner for wilfully neglecting to file a campaign finance report, or (3) been reported to the Office of the Attorney General by the Commissioner.
Additionally, this Act amends § 8044(c), Title 15 in keeping with the style and formatting guidelines of the Delaware Legislative Drafting Manual.
House Bill 186 - Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct postaudits for the time periods starting on or after July 1, 2015.
House Bill 232 - This Act will require the State Board of Education to accept public comment on all agenda items at its meetings, including charter school applications and changes to regulations. The Board is not required to accept public comment concerning student disciplinary appeals. The Board retains discretion to limit the manner, length, and timing of public comment at its meetings.
House Bill 234 - This bill requires all public secondary schools, including vocational-technical schools, but not including charter schools, to have a school-based health center. The state is required to fund start-up costs at the rate of one school per year for secondary schools that currently lack such a health center. Wellness centers are an important means of providing preventative and primary medical care to teens and overcoming obstacles to care such as lack of transportation and cost. Pursuant to House Bill No. 303, approved in June of 2012, insurers are required to reimburse for services provided at school-based health centers recognized by Delaware’s Division of Public Health. Under DPH regulations students under 18 must enroll for service by having a parent or guardian sign a consent form.
House Bill 250 - In 2014, the Legislature passed a bill adding instances of “reported and recorded” bullying to the list of reasons why a child could be withdrawn from a choice or charter school before the expiration of the statutory minimum enrollment period or why an application for admission or withdrawal could be accepted outside of the statutory time frame for submission. This bill seeks to clarify and strengthen that law by adding a requirement that the instance of bullying must also be substantiated. This will ensure the integrity of the law by limiting its exploitation by persons who wish to change schools for unrelated reasons, but preserving the exception for children truly in need of special consideration due to school bullying.
House Bill 260 - This bill requires State Board of Education to hold all of its meetings at 5:30 p.m. or after, in order to facilitate the attendance of interested teachers, parents, and community members. The mission statement of the State Board of Education emphasizes that “[i]n collaboration with community and stakeholders,” the Board “serves as the primary voice for Delaware citizens on education policy.” However, the Board’s current practice of holding their meetings at 1:00 p.m. on Thursdays does not facilitate the attendance of teachers and working parents and concerned citizens. Holding meetings in the evening hours would facilitate access and input and allow the Board to better fulfill its representative mission.
House Bill 279 - This bill would require that public comment be permitted at all open meetings of any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel or council. The minimum time will be one minute. Maximum time and procedural rules are left to the discretion of the meeting body.
House Bill 288 - This legislation increases the penalty of unlawfully using any brake or braking system that is attached to, or an integral part of the vehicle’s internal combustion engine or exhaust systems, also known as a jake brake, to include a moving violation.
Currently, 21 Del. C. § 4303(c) states that no motor vehicle, when operated upon a highway in this State, shall utilize or employ any brake or braking system that is attached to, or an integral part of, the vehicle's internal combustion engine or exhaust systems.
House Bill 292 - This bill requires schools to post the toll-free telephone report line number for child abuse and neglect in a conspicuous location, where it may be viewed by students. Currently the number is 1-800-292-9582.
House Bill 307 - In 2015, the Legislature enacted the one-time fee of no more than $100 for an educator’s first license in Delaware. This Bill provides a waiver for graduates of Delaware high schools and graduates of teacher preparatory programs located in Delaware.
House Bill 317 - This bill prohibits discrimination in employment based upon an individual’s caregiving responsibilities. Workers should be judged on the merits of their performance at work, not their responsibilities at home. Five states and over 90 localities prohibit discrimination based on family responsibilities to some degree. This bill ensures Delaware workers with responsibilities for child care, elder care, or both, receive equal employment opportunities and are protected from discrimination in the workplace.
House Bill 359 - This bill expressly provides that, for purposes of the Freedom of Information Act, a member of a public body must appear in person or by video-conferencing, rather than by proxy. As with the common law rule regarding voting by proxy for municipal and charitable corporations, membership in a public body is coupled with no pecuniary interest and is of the nature of a personal trust. See, e.g., Walker v. Johnson, 17 App. D.C. 144, 162, (D.C. Cir. 1900). The right to vote is committed to the discretion of the member of the public body as an individual and should not be susceptible to exercise through delegation.
House Bill 391 - This bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.
Section 1 of this Act codifies the Juvenile Offender Civil Citation Program administered by the Division of Youth Rehabilitative Services within the Department of Services for Children, Youth and Their Families.
Section 2 of this Act mandates that the Civil Citation Coordinator and the Quality Assurance Unit of the Division of Youth and Rehabilitative Services will collect and analyze program data, and make annual recommendations to the Criminal Justice Council/Juvenile Justice Advisory Group and the General Assembly.
Section 3 of this Act states that it shall expire 2 years after its enactment into law unless otherwise provided by a subsequent act of the General Assembly.
House Bill 417 - For a person who intentionally or recklessly causes physical injury to a child when the person has engaged in a previous pattern of abuse, neglect, or both, of that child, this Bill raises the crime from third degree child abuse to second degree child abuse and, thus, from a class A misdemeanor to a class G felony.
House Bill 435 - This Act seeks to strengthen certain aspects of Title 14 of the Delaware Code with respect to charter school audits and seeks to improve the relevant sections of the Title for consistency and cross-reference of terms. The Act allows charter schools to contract for an audit, unless the State Auditor has to perform the audit due to any of the specified circumstances.
Sponsored Legislation 147th Delaware General Assembly
House Bill 90 - This bill updates the school choice program, which has not received substantive attention since 1998. This bill aims to make it easier for parents to navigate the choice process by standardizing application forms and deadlines across traditional and charter schools. More specifically, the bill requires all local education agencies to accept a standard application form provided by the Department of Education, which must be available on the Department’s website. Further, the bill seeks to eliminate discrimination by districts against choice students by: (1) allowing districts to request supplemental application information from choice students only to the extent it requires the same information from attendance zone students; (2) limiting the supplemental criteria a receiving district may use to evaluate choice applications—after that, districts must use a lottery system; and (3) removing the provision that allows districts to reject applications of students with special needs. Districts would also be required to accept choice students until each school and/or program has reached 85% of its capacity. Districts would be required to hold a public information session about choice and enrollment opportunities by October 31 and report estimated capacity and projected enrollment information to the Department of Education by November 30; those estimates may be revised until January 30. Finally, the bill will create a task force to consider the current landscape of all school enrollment preferences to include magnet, vocational technical, and charter schools, and to develop recommendations as necessary.
House Bill 320 - This bill increases the opportunity for citizens to observe the performance of public officials and to monitor the decisions that are made by such officials by making minutes of infrequently meeting public bodies in the executive branch available in draft form within 10 days after the conclusion of the meeting.
House Bill 337 - This bill promotes uniformity in the timing of the application process for school districts, charter schools, magnet schools, and career and technical education schools.
House Bill 320 - This bill increases the opportunity for citizens to observe the performance of public officials and to monitor the decisions that are made by such officials by making minutes of infrequently meeting public bodies in the executive branch available in draft form within 10 days after the conclusion of the meeting.
House Bill 337 - This bill promotes uniformity in the timing of the application process for school districts, charter schools, magnet schools, and career and technical education schools.