HB44 • 2025

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MIGRANT EDUCATION.

Agriculture Children Education

Passed Legislature

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

Sponsor: Lynn
Last action: 2025-05-07
Official status: Out of Committee 5/7/25
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on the Department's authority to create regulations, only that they must ensure services are provided and find additional funding if necessary.

Delaware Migrant Education Act

This act requires Delaware to have a migrant education program that meets the needs of children who move frequently due to work, and it allows for additional funding if needed.

What This Bill Does

Requires the State to have a migrant education program to ensure that migrant children’s educational needs are met.
Ensures the program provides services similar to those required by federal law on January 19, 2025.
If federal funding is insufficient, the Delaware Department of Education must find extra money from the state or other sources to ensure no interruption in services.

Who It Names or Affects

Migrant children in Delaware who need educational support.
The Delaware Department of Education, which must run the migrant education program and find extra money if needed.

Terms To Know

migratory children: Children whose families move from place to place because of work in agriculture or other industries.
Elementary and Secondary Education Act (ESEA): A federal law that sets standards for education in the United States, including requirements for migrant children's education.

Limits and Unknowns

The bill does not specify how much extra funding will be needed or where it might come from.
It is unclear if and when the governor will sign this bill into law after it passes both chambers of the legislature.

Bill History

2025-05-07 Delaware General Assembly
Reported Out of Committee (Administration) in House with 4 Favorable, 1 On Its Merits
2025-04-16 Delaware General Assembly
Not Worked in Committee
2025-03-06 Delaware General Assembly
Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MIGRANT EDUCATION.
This Act requires the State to have a migrant education program to ensure that migrant children’s educational needs are met. The program must provide the same services that were provided or were required to be provided under the Elementary and Secondary Education Act on January 19, 2025. If federal funding is insufficient to meet the needs of migratory education, the Delaware Department of Education must identify, transfer, or request the appropriation of supplemental funding from the State or other sources to ensure no interruption in services.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Lynn & Rep. Ortega & Sen. Hoffner & Sen. Pinkney

Reps. K. Johnson, Lambert, Morrison, Phillips, Snyder-Hall, Wilson-Anton, Neal, Berry

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 44

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MIGRANT EDUCATION.

WHEREAS, in addition to being moral and ethical, the education of migrant children is essential to the agricultural industry in Delaware,

NOW, THEREFORE:

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

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

Chapter 48. Migrant Education Program.

§ 4801. Purposes.

The purposes of this chapter are:

(1) To support high-quality and comprehensive educational programs and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs of migratory children.

(2) To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic standards that all children are expected to meet.

(3) To help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school.

(4) To help migratory children benefit from State and local systemic reforms.

§ 4802. Funding.

The Department must ensure that migratory children’s educational needs are met. If federal funding is insufficient to meet the needs of migratory education, the Department shall identify, transfer, or request the appropriation of supplemental funding from the State or other sources so as to ensure no interruption in services under this chapter.

§ 4803. Services.

The services provided under this program must include all services that were provided by this State on January 19, 2025, or that were required to be provided in accordance with the Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. as of January 19, 2025.

§ 4804. Regulations.

(a) The Department may promulgate regulations to implement the provisions of this chapter.

SYNOPSIS

This Act requires the State to have a migrant education program to ensure that migrant children’s educational needs are met. The program must provide the same services that were provided or were required to be provided under the Elementary and Secondary Education Act on January 19, 2025. If federal funding is insufficient to meet the needs of migratory education, the Delaware Department of Education must identify, transfer, or request the appropriation of supplemental funding from the State or other sources to ensure no interruption in services.