Back to Delaware

HB309 • 2025

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
K. Williams
Last action
2026-06-30
Official status
Passed 6/30/26
Effective date
Not listed

Plain English Breakdown

The bill text contains conflicting information regarding the end date of a pilot program (June 30, 2021) versus current implementation dates; it is unclear if this specific time limit remains active.

HB309: Updates Rules for Autism Services in Delaware Schools

This law updates state code so the Department of Education directly administers a statewide program that provides training and support to schools serving students with autism spectrum disorder.

What This Bill Does

  • Requires the Department of Education to administer the statewide autism services program instead of designating another district or entity, unless no other entity is willing to do so.
  • Mandates hiring a Statewide Director who has specific degrees (such as a doctorate in psychology or special education), at least 10 years of experience working with individuals with ASD, and expertise in evidence-based practices.
  • Sets rules for employing training specialists based on student counts to provide coaching, technical assistance, and parent support across all public schools.
  • Allows the Department to purchase specialized services from outside contractors if needed instead of hiring more staff directly.
  • Directs the program to identify and promote teaching methods supported by current research or expert consensus for students with ASD.

Who It Names or Affects

  • The Delaware Department of Education
  • Public school districts, charter schools, and educators in Delaware
  • Students from birth to age 21 classified as having autism spectrum disorder (ASD)
  • Parents and families of students with ASD

Terms To Know

Autism Spectrum Disorder (ASD)
An educational classification for students who receive specific services under this law.
Evidence-based practices
Teaching methods and strategies supported by the most current research or expert consensus.
Training specialists
Staff members with master's degrees who provide coaching, consultation, training to school teams, and parent support for students with ASD.

Limits and Unknowns

  • The bill text references a pilot program ending in June 2021 that was part of the old code; this update aligns rules but does not specify if new time limits apply.
  • Funding amounts are described as being phased in or determined by salary schedules, but specific dollar figures for future years are not listed.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • K. Williams

Passed 4/21/26

Plain English: This amendment requires officials to study program needs every three years starting in 2028 and changes how members of a review board are chosen.

  • Officials must collect data on statewide autism services and report findings with recommendations every three years, beginning October 1, 2028.
  • The new reports will be sent to the Education Committees of the General Assembly and posted online for everyone to see.
  • The Statewide Monitoring Review Board (SMRB) must have at least seven members.
  • The amendment text contains conflicting numbers labeled as '(3)' and '(2)', making it unclear which section number applies in the final law.
  • It is not fully clear if public representatives on the board are chosen by a group called 'PAC' or directly by the Department, because both options appear in the new text.

Bill History

  1. 2026-06-30 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  2. 2026-05-13 Delaware General Assembly

    Reported Out of Committee (Education) in Senate with 5 On Its Merits

  3. 2026-05-13 Delaware General Assembly

    Reported Out of Committee (Education) in Senate with 5 On Its Merits

  4. 2026-04-21 Delaware General Assembly

    Amendment HA 1 to HB 309 - Introduced and Placed With Bill

  5. 2026-04-21 Delaware General Assembly

    Amendment HA 1 to HB 309 - Passed In House by Voice Vote

  6. 2026-04-21 Delaware General Assembly

    Passed By House. Votes: 38 YES 3 ABSENT

  7. 2026-04-21 Delaware General Assembly

    Assigned to Education Committee in Senate

  8. 2026-03-11 Delaware General Assembly

    Reported Out of Committee (Education) in House with 9 On Its Merits

  9. 2026-03-05 Delaware General Assembly

    Introduced and Assigned to Education Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.
The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill. This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Sturgeon

Reps. Lynn, Berry, Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 309

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

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

Section 1. Amend § 1332, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1332. Statewide program for services for students with autism spectrum disorder (ASD).

(a) The Department shall provide training and technical assistance across all public schools within this State on behalf of students with an educational classification of autism spectrum disorder (“ASD”). Educational programming provided under this chapter must have high-quality instruction based on research and evidence-based practice.

(b) The

Department, with the approval of the State Board of Education, shall designate a school district or other entity to administer the statewide program (“program”)

Department must administer statewide support and services

for students with an educational classification of ASD.

If no district or other entity is willing to administer the statewide program, the Department must act in that role.

(c)

The entity administering the program

The Department

must employ a statewide director (“Director”)

for a period of 12 months each year.

to oversee statewide supports and services for ASD.

The Director must

be hired in consultation with the Peer Review Committee and

have the following qualifications and expertise with ASD:

(1) Doctorate degree in psychology, special education, applied behavior

analysis,

analysis (“ABA”),

educational leadership,

or other related field (master’s degree considered with extensive experience).

(2) Minimum 10 years of experience working with individuals with ASD; at least 5 years in a supervisory role in an education setting, as well as experience in program evaluation.

(3) Graduate-level training in evidence-based practices in curriculum, instruction, and behavioral support

(ABA and other instructional strategies).

such as ABA.

(4) Experience planning or leading skill development, as well as implementation of evidence-based practices in educational settings for individuals with ASD.

(5) Successful experience leading the development and implementation of a structured staff and parent professional development program (academic, behavioral, and social-emotional learning).

(6) Knowledge and experience with implementation of evidence-based practice; at least 5 years of experience providing consultation to all school staff, and experience with program development in a school setting (public school preferred).

The

administering entity

Department

may include other desirable preferences as needed.

(d) The Department shall pay the Director a salary in an amount for which the Director qualifies under § 1305(a), (b), and (d) of this title plus an amount for administrative responsibility determined in accordance with § 1321(c) of this title. The Director’s salary, including “years of experience,” shall be determined in accordance with rules and regulations adopted by the Department with the approval of the State Board of Education.

(e) The program shall provide training and technical assistance for all public schools. The training and technical assistance under this subsection is a 3-year pilot program that ends on June 30, 2021, unless extended by an act of the General Assembly.

(1)

(e)

The

program

Department

must provide training and technical assistance

for all public schools

by doing all of the following:

a.

(1)

Identifying

those

and promoting evidence-based

practices

specifically relevant

specific

to the education of students with an educational classification of ASD

that are established as evidence-based through the

best available outcome

supported by the most current

research or by expert consensus.

b. Promoting utilization of these practices by leading training, and technical assistance activities specifically relevant to students with an educational classification of ASD.

(2) Supporting statewide implementation of evidence-based practices by providing leadership, training, and technical assistance to educators and related service providers who work with students with an educational classification of ASD.

c. Assisting with implementation of all aspects of training and technical assistance in all public schools, for students from birth to age 21 with an educational classification of ASD.

(3) Assisting districts and charter schools with systemwide implementation of training, coaching, and technical assistance in all public schools, for students from birth to age 22 with an educational classification of ASD.

d. Supervising or managing

(4) Overseeing and coordinating

contracts

and professional staff responsible for delivering ASD-related training, coaching, and technical assistance, including specialists

for training specialists employed under paragraph (e)(2) of

employed or contracted under

this section.

e.

(5)

Consulting and

working collaboratively

collaborating

with

the Department

stakeholders

on

all aspects of education programs related to ASD.

policies, programming, curriculum, and initiatives that impact students with an educational classification of ASD, ensuring alignment with current research and state priorities.

f.

(6)

Serving as the primary liaison between the Department and other state agencies, committees,

advisory groups, and community

and

programs on

matters related to educational programming

questions regarding programs

for students with an educational classification of ASD.

(2)

(7)

The program must have

Employing 5

training specialists as follows:

a. At least 1 training specialist per 100 students with an educational classification of ASD. The total number of positions must be determined annually through the September 30 count of students with an educational classification of ASD. The program must be phased in with a minimum of 2 training specialists in Fiscal Year 2019, 2 training specialists added in Fiscal Year 2020, and additional training specialists added each fiscal year until the number of training specialists required under this paragraph (e)(2)a. is met or the pilot program ends under this subsection.

b.

a.

“Training specialists” must include qualified speech-language pathologists, behavior analysts, and other personnel with expertise in evidence-based instruction for people with ASD in classroom, community, and home-based consultation.

c.

b.

Training specialists must serve

eligible students within all public schools.

public school districts and school teams as well as community teams and families.

d.

c.

A training specialist must have a master’s degree and 3 years of experience

of demonstrated consultative experience

working

with students with

an educational classification of

ASD.

e.

d.

The duties of a training specialist include providing training and technical assistance for staff working with students with an educational classification of ASD, including classroom consultation; plan development and performance feedback; parent training; and providing training for regular education staff on ASD and evidence-based strategies for inclusion practices.

(3)

(8)

The program

may, after approval by the Department, purchase

Purchasing

specialized services

, as appropriate,

instead of hiring staff to provide the education and training required under this section.

a. The dollar value of each full-time equivalent, when purchasing services to be provided by an outside contractor, is the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months.

b. The calculation of this funding is for the current school year.

c. The State Board of Education may review any objection to the Department’s decision.

(4) State appropriations must be phased in over several years, starting in Fiscal Year 2019 and in equal increments each subsequent fiscal year until fully funded or the pilot program ends under this subsection.

(5) Additional funding may be provided through any of the following:

a. Units and funds appropriated by the General Assembly.

b. Units and funds allocated by the Department.

c. Pass though funds and direct grants.

d. Tuition funds from public school districts as established by the rules and regulations of the Department, according to Chapter 6 of this title.

e. Fees for service for support where other funding is inadequate.

f. Other funds as available, including funds in excess of standard match funding under this title.

(f) The Department, with the approval of the State Board of Education, shall adopt such rules and regulations to establish and provide for the following committees:

(1) Parent Advisory Committees (“PAC”).

(2)

(1)

Peer Review Committee (“PRC”)

which, at the request of the Department, may also

that must

review educational procedures and programming for students with an educational classification of

ASD and related disabilities.

ASD.

(3)

(2)

Statewide Monitoring Review Board (“SMRB”), composed of no less than 7 members, including 2 nonvoting public representatives

nominated annually by the PAC.

determined annually by the Department.

A public representative may not have a child with an educational classification of ASD enrolled in a Delaware public school

program.

program during the representative’s term of service.

a.

The SMRB shall review, at least annually, the education and provision of related services provided to students with an educational classification of ASD throughout all public schools to ensure the application of evidence-based practice and opportunities for meaningful and measurable progress and inclusion, as appropriate, are afforded to all such students

.

Annually, the SMRB shall evaluate whether the educational methods and curricula are consistent with evidence-based practices for students with an education classification of ASD, including reviewing and making recommendations on proposed new practices throughout all public schools to ensure opportunities for meaningful and measurable progress and inclusion, as appropriate, are afforded to all such students with an educational classification of ASD.

b. The SMRB shall

review data from annual reviews conducted by the Department on educational programming for students with a primary educational classification of ASD throughout all public schools and

make

findings and

recommendations based on its

review

findings

to include data measuring these specific recommendations and suggestions for corrective action to ensure consistent quality and equity of services throughout this State.

c. The

Department in collaboration with the

SMRB shall submit its findings and recommendations, at least annually, to

the Department and

the Education Committees of the General

Assembly. The SMRB’s report must be available on each school district or school website.

Assembly and make the report available on the Department website.

d. The SMRB shall resolve disputes within or between public schools and the Director. This paragraph (f)(3)d. does not diminish the procedural safeguards guaranteed to children with an educational classification of ASD, their parents or guardians, or public schools or agencies.

e.

d.

If a public school is found to be out of compliance with the specific recommendations

in this paragraph (f)(3),

made under this section,

the Department and the Director must allow the public school the opportunity for technical assistance and progressive implementation of a corrective action plan for improvement agreed upon by the school and the Director.

SYNOPSIS

The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill. This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities.