Delaware HB 379: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE COMPREHENSIVE SCHOOL DISCIPLINE IMPROVEMENT PROGRAM.

Bill Text

Legislation Document 

 SPONSOR: 

 Rep. Berry & Sen. Sturgeon 

 Reps. S. Moore, Neal, Ortega, Kamela Smith, Lambert 

 HOUSE OF REPRESENTATIVES 

 153rd GENERAL ASSEMBLY 

 HOUSE SUBSTITUTE NO. 1 

 FOR 

 HOUSE BILL NO. 379 

 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE COMPREHENSIVE SCHOOL DISCIPLINE IMPROVEMENT PROGRAM. 

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

 Section 1. Amend § 1605, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

 § 1605. School and district level component. 

 (a) 
 The Department of Education shall be authorized to approve and provide financial support for programs to provide 
 alternative educational and related services to disruptive 

 prevention, early intervention, and evidence-based and evidence-informed intervention services to 
 students in the public schools. This component will serve 
 students, in schools enrolling pupils 

 students 
 in grades K through 12, 
 who are causing repeated disruptions in the regular classes to which they are assigned. 

 including students at risk of academic or behavioral challenges, students whose behavior disrupts the classroom learning environment, and students requiring transition from programs operated under §1604 of this title, from placements or settings operated by the Department of Services for Children, Youth and Their Families (DSCYF), or from medical or mental health placements. 
 Services may be delivered in a variety of 
 school-based 
 modes with students assigned to 
 the 
 specific programs for short- or long-term assistance. Programs authorized under this section 
 could also serve as a transition for youngsters returning from programs operated under the provisions of § 1604 of this title. The Department of Education shall provide rules and regulations for the conduct of programs authorized under this section subject to the following limitations: 
 must be designated to: 

 (1) School districts shall be permitted to use personnel authorized by any of the provisions of this title to establish alternative educational and related service programs for disruptive students. Such personnel shall continue to be paid in accordance with salary schedules specified in Chapter 13 of this title. 

 (2) In the event that a school district uses personnel authorized under various sections of this title to establish and operate a program for disruptive students, the district may elect to employ 2 service paraprofessionals or 2 instructional paraprofessionals, paid in accordance with § 1324 of this title, in lieu of 1 staff member paid in accordance with § 1305 of this title. 

 (3) Any school which either enrolls pupils in at least 2 of the grades 3 through 12 or enrolls pupils solely in 1 or more of grades K through 3, and which establishes a program for disruptive students in accordance with the provisions of this section and the rules and regulations of the Department of Education may make application to the Department for an incentive grant to help defray the cost of operating such program. No school may qualify for more than 1 incentive grant per fiscal year, and all applications for such grants must have the prior approval of the board of education of the school district in which the applicant school is located. The maximum dollar value of an incentive grant shall be specified in the annual budget appropriation bill. Funds available to the Department of Education shall be allocated on a competitive basis if in any fiscal year more schools are eligible for funding than there are funds appropriated for the incentive grants. 

 (4) Funds provided to a school under an incentive grant provided under paragraph (3) of this section may be used for any purpose that Division I or II funds may be used, provided, however, that such funds shall not be used to pay salaries to employees beyond the state-supported salaries specified in Chapter 13 of this title. 

 (5) To achieve the most cost-effective impact from the incentive funds authorized by this section and to increase the coordination of services by schools and other governmental and nongovernmental social service agencies consistent with § 1607 of this title, schools and school districts shall consider contracting for educational or related goods and services with the State Departments of Services for Children, Youth and Their Families and Health and Social Services, and other governmental and nongovernmental social service agencies using funds authorized by this section. Each school filing a report pursuant to paragraph (6) of this section shall include information regarding the provisions of this paragraph (5). 

 (6) All schools receiving an incentive grant pursuant to paragraph (3) of this section shall submit an annual evaluation report on the effectiveness of the program to the Department of Education. The report shall be in a format and shall include the data