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Legislation Document
SPONSOR:
Rep. Berry
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 and information specified by the Department.
(7) To receive a supplemental grant greater than the dollar amount for base grants funded in support of programs defined in this section by the annual budget act, schools shall establish a site-based committee in the school to govern discipline matters and shall meet the criteria set forth in this subdivision. Supplemental grants shall be available for grades 7, 8, 9 and 10 only. The annual budget act shall establish the dollar amount of such supplemental grants. Before issuing funding pursuant to this paragraph, the Department shall determine that the school’s application meets the following criteria:
a. The grant application must certify that the majority of the members of the school level committee are members of the school professional staff, of which a majority shall be instructional staff; that the committee contains representatives of the support staff, student body (for schools enrolling students, grades 7 through 12), parents and the community; that representatives of the employee groups are chosen by members of each respective group and representatives of the nonemployee groups are appointed by the local board of education; and that the committee operates on the 1-person, 1-vote principle for reaching all decisions.
b. The grant application must certify that the committee has the authority, within established local district budgetary guidelines and at its sole discretion, to:
1. Establish a school code of conduct which defines the roles and responsibilities of all members of the school community (administrators, teachers, support staff, contracted service personnel, students, families and child/family advocates) and which is consistent with the established state and federal laws, state and federal regulations, local board policies, local district codes of conduct and local district budgetary guidelines, unless relevant waivers have been granted.
2. Hear concerns from a staff member dissatisfied with the disposition of any disciplinary matter by the school administration;
3. Refer students to programs defined in § 1604 of this title; provided, however, that any child with disabilities be referred to such programs through the child’s Individualized Education Plan;
4. Design, approve and oversee the implementation of programs established in the school as defined in this chapter;
5. Establish and enforce the school’s attendance policy, including mandating attendance in programs established in paragraph (7)b.7. of this section;
6. Establish extended day, week or year programs, for students with discipline or attendance problems, or at risk of academic failure, that provide for the assessment of penalties for violations of school discipline or attendance policies and for academic acceleration and tutoring, mentoring and counseling services for such students and their families as an integral program component;
7. Establish staff development programs for conflict resolution for all school staff, and establish programs in classroom and behavioral management for schools staff identified as needing improvement;
8. Design student mentoring, conflict resolution and/or peer counseling programs for all students, especially for those who are identified as having chronic discipline, academic or attendance problems.
(1) Promote positive student behavior and academic engagement and success, including efforts to reduce reliance on exclusionary discipline.
(2) Provide prevention, early intervention, and intervention services within a Multi-Tiered System of Supports (MTSS) framework, including universal, targeted, and intensive supports.
(3) Include evidence-based and evidence-informed academic, behavioral, and social-emotional supports aligned to district and school-level needs and implemented within the student’s regular educational program.
(4) Provide school-based intervention services for students whose behavior disrupts the classroom learning environment but who are not eligible for placement in an alternative program pursuant to Department regulations.
(5) Support access to school-based mental health services, including by reducing barriers that limit the ability of school-based mental health professionals to provide services to students.
(6) Build staff capacity through professional development, coaching, and implementation supports in restorative practices, trauma-informed instruction, social-emotional learning, and classroom management strategies aligned with MTSS.
(7) Provide supports to ensure successful transition and re-entry for students returning from alternative placements, placements or settings operated by DSCYF, and medical or mental health placements.
(b) The Department of Education shall provide rules and regulations for the conduct of programs authorized under this section, including requirements aligned with Regulation 609 of Title 14 of the Delaware Administrative Code, and shall establish processes and requirements for requesting and distributing funding, subject to appropriations by the General Assembly.
(c) School districts and charter schools shall provide services under this section based on the identified needs of their student populations and in accordance with Department regulations.
(d) Any school district or charter school requesting funding under this section must submit an application in accordance with the Department of Education’s policies and in compliance with applicable State laws and regulations. State funding is available only when appropriated by the General Assembly.
(e) Decisions regarding student participation in intervention or school-based intervention services beyond universal supports shall be made by a school-based problem-solving team, consistent with the Multi-Tiered System of Supports (MTSS) framework and Department regulations.
(f) Each school district and charter school receiving funding under this section must submit an annual evaluation report on the effectiveness of its programs. The report must be submitted to the Department of Education in accordance with the application for such funds and must conform to the content and format standards established by the Department of Education, including any metrics required to evaluate program effectiveness.
(g) The Department of Education must provide a standardized template to guide school districts and charter schools in preparing the annual evaluation report.
Section 2. Amend § 1605A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1605A.
Prevention component.
[Repealed.]
The Family Services Cabinet Council (Council), with the Department of Education and the Department of Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to offer prevention-related student support services (prevention services) to students to prevent them from becoming discipline problems and from failing academically in our schools. Within the limits of appropriations made for this purpose, the Council shall provide rules and regulations for the award of prevention grants and the conduct of prevention programs authorized under this section, subject to the following limitations:
(1) The Council shall issue prevention funding to local school districts proposing to establish an integrated plan to deliver prevention services including, but not limited to, academic tutoring and student mentoring programs to provide at-risk students with the extra help they may need to succeed academically and with positive adult role models; outreach programs to promote parental, family and community involvement in students’ academic studies and in reducing and resolving school discipline problems; school-linked support services to help students with family or health problems that may be adversely affecting their academic performance and their conduct at school; training to help students and school personnel resolve conflicts peacefully and non-disruptively; and assistance to help teachers better manage the behavior of students in their classrooms.
(2) Applications for funding pursuant to this section shall be made by school districts in accordance with procedures and standards established by the Council. Each applicant shall set forth an integrated plan to provide prevention services consistent with paragraph (1) of this section. To avoid duplication of effort, maximize the impact of limited resources, and increase the effect of efforts by state, local, community and private, nonprofit agencies through increased coordination and cooperation, the Council shall give preference to applications which:
a. Are submitted by 2 or more school districts working in concert, where appropriate;
b. Include private, nonprofit agencies and community organizations as partners in the application, and identify the roles those agencies and organizations are to play in delivering prevention services in the community;
c. Indicate how grants from the federal government and foundations will be used or sought to help deliver prevention services in the community; and
d. Identify the roles state and local agencies are to play in delivering prevention services in the community.
(3) The Council shall provide technical assistance to districts preparing applications and ongoing assistance to districts awarded funding pursuant to this section.
(4) The Council shall establish a timetable for the award of grants pursuant to this section which shall provide, at minimum, for a period of 1 month for joint planning between the Council and the applicants that the Counsel selects as finalists eligible for a funding award. During such joint planning, the Council and the applicant shall refine the applicant’s prevention plan, ensure that the plan makes cost-effective use of the resources and services of state, local, community and private, nonprofit agencies, and consider the incorporation of successful elements of other districts’ prevention programs into the applicant’s plans. Final awards shall be made by the Council on or before January 15 of each year for the subsequent school year, contingent upon the appropriation of funds for such purpose in the annual appropriations act.
SYNOPSIS
This Act is a substitute for HB 379 which includes revisions to the school and district level component section of Chapter 16 to align the code with current State and National guidelines for education. This Act reduces the emphasis on discipline and focuses instead on guidelines to promote a positive learning environment that assists students at risk for or experiencing academic or behavior problems.
This Act repeals § 1605A of Title 14 as § 1605 of Title 14 now addresses its contents.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.