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Department of Education : 2011

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Governor Signs Bill that Improves Special Education Funding

Release Date: Feb 18, 2011 1:49 PM  

House Bill 1 recognizes unique needs of each student with a disability


Governor Jack Markell signed into law House Bill 1, which allows services for children with disabilities to be funded based on identified individual needs rather than on their classification or placement.  The "needs-based" funding system provides more flexibility to districts and charter schools in the provision of special education services and is intended to be more equitable in ensuring that resources are distributed based on the specific needs of students receiving special education services.

"This law helps to ensure that a student with a disability receives the academic environment they need – in many cases, that’s in a classroom shared with other students," said Governor Jack Markell.  "The state will be better able to help children reach their potential."

"Services for children with disabilities will be funded based on needs identified in their Individualized Education Program rather than on categories. This provides flexibility to districts and charter schools and ensures resources are available for children with disabilities in general education settings," Former Secretary of Education Lillian Lowery said.  "The disability community, including districts and advocates, came together to work on and support these legislative changes. This is a good thing for kids with disabilities. The changes bring equity to how resources are distributed."

"This is important because it ensures that children who have disabilities and are in regular classroom settings will have access to the kinds of resources that would be available to them if they were in a special education program," said Sen. David Sokola, D-Newark North, the bill’s chief Senate sponsor. "It also gives districts the kind of flexibility they need to determine the kinds of therapists and specialists needed to meet the needs of their students."

Rep. Terry L. Schooley, who chairs the House Education Committee and sponsored HB 1, said that without this legislation, special needs students could get stuck in categories that don’t fully address their educational needs.  "With the signing of this legislation, each student’s individual needs are going to be met rather than using a one-size-fits-all approach," said Rep. Schooley, D-Newark.

"Autism Delaware is pleased that the bill establishing needs-based funding in Delaware’s public schools passed this session. It means that students in the Delaware Autism Program will continue to have access to the specialist staffing levels that have proven so critical to their learning while improving the resources for students with autism attending school in their home districts," said Theda Ellis, Executive Director, Autism Delaware.  "We especially appreciate the partnership we have had with legislators and the Department of Education to work through all our issues."

The Governor's Advisory Council for Exceptional Citizens worked collaboratively with stakeholders to assist with the development of draft legislation regarding the implementation of the needs based funding system in all school districts.   Letters of support were received from the 19 districts, the Governor’s Advisory Council on Exceptional Citizens, the Delaware School for the Deaf  and Autism Delaware.

"Many disability organizations, advocates and school districts came to the table eager to discuss and strategize on this important piece of legislation," said Wendy Strauss, Executive Administrator for the Governor's Advisory Council for Exceptional Citizens.  "Due to the complexity of this change and its potential impact on services already being provided, it was imperative that all areas related to full implementation of the needs based funding system were thoroughly reviewed.  We worked collaboratively to ensure that the needs of all students with disabilities will be addressed appropriately."
Delaware's Department of Education is committed to promoting the highest quality education for every Delaware student by providing visionary leadership and superior service.
Contact Info.
Alison Kepner
Delaware Department of Education
401 Federal Street, Suite #2
Dover, Delaware 19901
Phone: (302) 735-4035
Fax: (302) 739-4654
Email: akepner@doe.k12.de.us

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