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SPONSOR: Sen. Henry & Sen. Cloutier, Rep. Jaques

Sens. Blevins, Ennis, Townsend; Reps. Baumbach, Bolden, Gray,


Hensley, Mitchell, Ramone, B. Short

DELAWARE STATE SENATE


148th GENERAL ASSEMBLY
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SENATE BILL NO. 92


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


AUTISM SPECTRUM DISORDER.
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6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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Amend Title 14 of the Delaware Code by making deletions as shown by strike through

9and insertions as shown by underline as follows.

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1332 Program for children with autism; special staff. Statewide services for students

11with autism spectrum disorder (ASD); Special staff.

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(a)Director-specialist. Whenever the Department with the approval of the State

13Board of Education designates a particular school district to administer the statewide program for
14children with autism, that district may employ a statewide director-specialist for a period of 12
15months per year. The director-specialist shall hold a doctorate degree in psychology or
16exceptional children and shall possess such other qualifications for certification as are required
17by the Department with the approval of the State Board of Education. "Years of experience" in
18determining salary shall be in accordance with rules and regulations adopted by the Department
19with the approval of the State Board of Education in this respect. The director-specialist shall be
20paid the amount for which that director-specialist qualifies under 1305(a), (b) and (d) of this
21title plus an amount for administrative responsibility determined in accordance with 1321(c) of
22this title.

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(b)Whenever the Department with the approval of the State Board of Education

24designates a particular school district to administer a statewide program for children with autism
25that district may employ specialists as herein authorized to serve the entire statewide program.
26Specialists so employed shall be paid according to the salary authorized for teachers in 1305 of
27this title. The school district authorized to employ such specialists and the director may provide
28additional salary to such personnel according to 1304 of this title and shall recover funds so
29expended from the school districts of residence of the children with autism by levying a fee
30against those school districts, including the administering district, whether or not the child with
31autism is a resident of that district, that is proportional to the number of persons served from a
32particular district. The fees so levied may be paid by the local school districts from funds
33collected according to Chapter 6 of this title.

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(c)The administering school district may purchase specialized services for any such

35categories shown in this section rather than employ a staff person to serve that function. If the
36option to purchase services is exercised, then the dollar value of each full-time equivalent shall
37be the number of dollars set in the state supported salary schedule for a teacher holding a
38master's degree with 10 years of experience and employed for 12 months. The calculation of this
39funding shall be for the current school year. Expenditures of this nature may be used for the
40purchase of personal services. The administering school district wishing to use funds under this
41option shall first make application to the Department of Education for such use and proceed to
42exercise the option only after approval by the Department of Education; provided, that the State
43Board may review any objection to the Department's decision.

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(d)The Department with the approval of the State Board of Education shall adopt such

45rules and regulations to establish and provide for parent advisory committees, a peer review
46committee which, at the request of the Department of Education, may also review procedures, in
47accordance with the regulations of the Department of Education, for children with educational
48classifications other than autism, a human rights committee, and appropriate liaisons with the
49Department of Health and Social Services. The Department with the approval of the State Board
50of Education shall adopt such rules and regulations to establish and provide for an Autistic
51Program Monitoring Board, to be composed of no less than 7 members and which shall include 1
52nonvoting public representative nominated annually by the statewide parent advisory committee.
53Such representative shall not have any child enrolled in the program. The statewide Autistic
54Monitoring Review Board shall review at least annually the education of and provision of related
55services to students with autism throughout Delaware to ensure best practices are being used and
56opportunities for continuous improvement are afforded all such students. Disputes within or

57between districts or agencies shall be resolved by this Board. Procedural safeguards guaranteed
58to children with autism, their parents or guardians and to local school districts or agencies shall
59not be diminished by this provision.

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(a) Director of Autism Education Services. The Department of Education, with the

61approval of the State Board of Education, shall designate a particular school district to administer
62the statewide program for students with autism spectrum disorder (ASD), and that district shall
63employ a statewide director (the Director) for a period of 12 months per year. The Director shall
64be hired in consultation from the Peer Review Committee (see subsection (d))

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(b) The Director shall hold a doctorate degree in psychology, exceptional children, or

66Applied Behavior Analysis (ABA) and shall demonstrate expertise with ASD, such expertise
67being defined as:

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(1) At least five years experience working with individuals with ASD;

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(2) Graduate-level training in evidence-based practices in curriculum, instruction

70and behavioral support such as ABA instructional strategies;

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(3) Experience planning and/or leading skill development in communication and

72social skill training programs for individuals with ASD;

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(4) Experience as a consultant to teams and an understanding of basic principles

74related to performance management;

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(5) At least one successful experience leading the development and

76implementation of an autism services program;

(6) At least one successful experience leading the development and

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78implementation of a structured professional development program and a performance


79management plan;

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(7) Successful direction and management of similar autism projects

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Further, the Director shall possess such other qualifications for certification as are

82required by the State Department of Education with the approval of the State Board of
83Education.

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(c) The Director shall be authorized by the State Department of Education to:

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(1) Identify those practices specifically relevant to the education of students with

86ASD that are established as evidence-based through the best available outcome research or
87otherwise by expert consensus;

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(2) Promote utilization of these practices by leading training and technical

89assistance activities specifically relevant to students with ASD,

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(3) Assist with implementation of all aspects of training and technical assistance

91for all Delaware school districts, for students with an educational classification of ASD from
92birth to age 21 in each school district throughout the state;

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(4) Be consulted by the Department of Education and work collaboratively with

94the Department of Education on all aspects of education programs related to Autism Spectrum
95Disorder; and

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(5) Serve as a primary liaison between the Department of Education and other

97state departments, committees, and programs on questions regarding programs for children and
98adults with ASD.

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"Years of experience" in determining salary shall be in accordance with rules and

100regulations adopted by the Department with the approval of the State Board of Education in this
101respect. The Director shall be paid the amount for which that director qualifies under 1305(a),
102(b) and (d) of this title plus an amount for administrative responsibility determined in accordance
103with 1321(c) of this title.

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(d) Training and technical assistance on behalf of students with autism spectrum disorder

105(ASD) shall be administered through a contract by the State Department of Education in


106collaboration with the Director to allow for the provision of such training and technical
107assistance across all school districts within the state. The contract shall require that educational
108programming shall be comprised of high quality instruction based on research and evidence109based practice. The contract shall also ensure for the following staff:

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(1) The Director as specified in section (a) above

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(2) Training Specialists at least one (1) training specialist per 100 students with

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an educational classification of ASD.

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The total number of positions shall be determined annually through the September 30

114count of students with an educational classification of ASD. Such training specialists shall serve
115eligible students within all school districts.

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i.

Training specialists shall include qualified speech-language pathologists,

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behavior analysts, and

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instruction such as ABA strategies and in

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based consultation.
ii.
All training specialists will have a minimum of a Masters degree and

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three (3) years experience of demonstrated consultative experience with

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students with ASD

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iii.

other personnel with expertise in evidence-based


classroom, community and home-

Duties of training specialists may include but not be limited to: Training

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and technical assistance for staff working with students with an

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educational classification of ASD, including classroom consultation, plan

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development and performance feedback; parent training; and training for

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regular education staff on ASD and evidence-based strategies for inclusion

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practices

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(e) Funding of the contract shall derive from a combination of funds from the State

130Department of Education and from all school districts based on total enrollment. Training
131specialists so employed shall be paid according to the salary authorized for teachers in 1305 of
132this title. The Director may provide additional salary to such specialists according to 1304 of
133this title and shall recover funds so expended from the students school districts of residence by
134levying a tuition fee against those school districts, including the administering district, whether
135or not the student with ASD is a resident of that district, that is proportional to the number of
136persons served from a particular district. The fees so levied may be paid by the local school
137districts from funds collected according to Chapter 6 of this title.

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(f) The office of the Director may purchase specialized services for any such categories

139shown in this section rather than employ a staff person to serve that function. If the option to
140purchase services is exercised, then the dollar value of each full-time equivalent shall be the
141number of dollars set in the state supported salary schedule for a teacher holding a master's
142degree with 10 years of experience and employed for 12 months. The calculation of this funding
143shall be for the current school year. Expenditures of this nature may be used for the purchase of
144personal services. The office of the Director wishing to use funds under this option shall first
145notify the Department of Education for such use and proceed to exercise the option only after
146approval by the Department of Education; provided, that the State Board may review any
147objection to the Department's decision.

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(g) Committees - The Department, with the approval of the State Board of Education,

149shall adopt such rules and regulations to establish and provide for: Parent Advisory Committees
150(PAC); a Peer Review Committee (PRC), which at the request of the Department of Education,
151may also review educational procedures and programming for students with an educational
152classification of ASD and related disabilities; a Statewide Monitoring Review Board (SMRB) to
153be composed of no less than 7 members and which shall include 2 nonvoting public
154representatives nominated annually by the PAC. Such representatives shall not have a child with
155a current educational classification of ASD enrolled in a Delaware public school program. The
156SMRB shall review, at least annually, the education of and provision of related services to
157students with an educational classification of ASD throughout Delawares school districts to
158ensure the application of evidence-based practice and opportunities for meaningful and
159measurable progress and inclusion as appropriate are afforded to all such students. The findings
160and recommendations of the SMRB will include data measuring these specifications that shall be

161submitted to the Department of Education and to the Delaware Legislative Education


162Committees. at least annually, for review and recommendations for corrective action to ensure
163consistent quality and equity of services throughout the state. These reports will further be made
164available to the public, annually, through each school district website. Disputes within or
165between agencies shall be resolved by the SMRB. Procedural safeguards guaranteed to children
166with an educational classification of ASD, their parents or guardians and to local school districts
167or agencies shall not be diminished by this provision. If a school district is found to be out of
168compliance with the above specifications, the State Department of Education and the Director of
169Autism Education Services shall allow the district the opportunity for technical assistance and
170progressive implementation of a corrective action plan for improvement agreed upon by the
171school district and the Director.

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SYNOPSIS

Delaware Code Title 141332 addresses the Program for Children with Autism and its Special
Staff. Enacted nearly three decades ago, these regulations established a network of educational
programs initially within a separate school structure known as The Delaware Autism Program (DAP).
Today, this network continues as a combination of both separate school programs and within local
school district support services. In addition, the code designates a Statewide Director who primarily
has provided direction, training, and technical assistance within the DAP. However, current practices
in special education, especially regarding inclusive education and parents desire to have their children
educated within their local communities, seem to be incongruent with this older model of service
delivery. In addition, the magnitude of the increase in students identified with ASD has clearly
created difficulty for the Statewide Director to provide the level of services/support that once was
offered.
Therefore, the recommended code changes also revise the concept of DAP toward a system in
which the Statewide Director would work in collaboration with a team of experts to provide technical
assistance and training to districts and educational entities. This recommendation reconstitutes the
regulations to neutralize the distinction between DAP approved programs and other in-district options,
thereby, allowing and providing adequate resources to serve on behalf of all student with ASD in
Delaware. The number of technical/ training experts has been identified as one expert per 100
students statewide. It is suggested that the fiscal mechanism to support these changes should be
through mandated district participation that is congruent with the current needs based funding system
in Delaware. Lastly, the current mandatory committee structure is enhanced to include a Parent
Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review
board.
These changes include articulation of the qualifications and duties of the Statewide Director for
Students with ASD; the addition of a technical assistance team of educational autism specialists
numbering a ratio of 1 for every 100 students (currently estimated at 15 positions); and the further
clarification / additions to the committee structure for family input, monitoring, and protections under
human rights. This recommendation recognizes and supports the need for specialized technical
assistance and training staff to be available to build capacity for teachers in all districts and other
programs educating students with ASD. These changes essentially expand available supports so that
excellent, evidence-based training and technical assistance can be made available to all Delaware
schools and the students within them.
Author: Senator Henry

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SPONSOR: Sen. Henry

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DELAWARE STATE SENATE


148th GENERAL ASSEMBLY
SENATE AMENDMENT NO. 1

TO
SENATE BILL NO. 92
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AMEND Senate Bill No. 92 by deleting lines 79 through 112 in their entirety and inserting in lieu thereof the

183following:
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(d) Statewide training and technical assistance on behalf of students with autism spectrum disorder (ASD) shall be

185provided by the Delaware Network for Excellence in Autism (DNEA), as housed in the University of Delawares Center for
186Disability Studies, in collaboration with the Director. The DNEA shall employ Training Specialists, to be employees of the
187University of Delaware and/or contracted services, to provide research and evidence-based technical assistance at a ratio
188equivalent to at least one (1) training specialist per 100 students with an educational classification of ASD, subject to
189enrollment as determined annually through the September 30 unit count and available funding. Training specialists shall
190include qualified speech-language pathologists, behavior analysts, and other personnel with expertise in evidence-based
191instruction such as ABA strategies and in classroom, community and home-based consultation. All training specialists shall
192have a minimum of a Masters degree and three (3) years of experience of demonstrated consultative experience with
193students with ASD. Duties of training specialists so employed may include, but not be limited to, training and technical
194assistance for staff working with students with an educational classification of ASD, including classroom consultation, plan
195development and performance feedback; parent training; and training for regular education staff on ASD and evidence196based strategies for inclusion practices. Funding for the Training Specialists employed pursuant to subsection (d) of this
197section shall derive from a combination of funds from annual Appropriations Act and/or from funds so expended from the
198students school districts of residence by levying a tuition fee as established by the rules and regulation of the Department
199of Education and according to Chapter 6 of this title.
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FURTHER AMEND Senate Bill no. 92, on line 113, by deleting the paragraph designation (g) and substituting

201in lieu thereof (e).

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SYNOPSIS

204 This amendment condenses paragraphs (d), (e), and (f) into of the Bill into one paragraph. Among other things, the
205amendment moves training and technical assistance on behalf of students with ASD from the State Department of
206Education to the Delaware Network for Excellence in Autism.
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Author: Senator Henry
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SPONSOR: Sen. Henry & Sen. Townsend & Sen. Cloutier & Rep.
Jaques
Sens. Blevins, Ennis; Reps. Bolden, Hensley, Mitchell, Paradee, B.
Short, M. Smith, Wilson

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DELAWARE STATE SENATE


148th GENERAL ASSEMBLY

212

SENATE BILL NO. 93


213

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO CREATING AN INTERAGENCY


COMMITTEE ON AUTISM AND THE DELAWARE NETWORK FOR EXCELLENCE IN AUTISM.

214
215BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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Section 1. Amend Chapter 55, Title 16 of the Delaware Code by making deletions as shown by strike through and

218insertions as shown by underline as follows:


219

Subchapter IV. Interagency Committee on Autism and the Delaware Network for Excellence in Autism

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5541 Definitions.

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For the purposes of this subchapter:

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(1) Autism Spectrum Disorders (ASD) shall have the same definition as in the current edition of the Diagnostic

223and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Autism Spectrum
224Disorders (ASD) shall also include related developmental disabilities whenever people with these disabilities can also
225benefit from the improvements and enhancements identified for people with ASD.
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(2) People living with ASD shall include the person with ASD and their legal guardian(s)

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(3) Agencies shall include both public and private agencies and associations.

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5542. Interagency Committee on Autism

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The General Assembly hereby establishes the Interagency Committee on Autism (ICA) with the charge to:

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Utilize evidence-based practices and programs to improve outcomes for people living with ASD and related

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developmental disabilities in Delaware by sharing information, initiatives, data and communications among

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both public and private agencies providing services and supports for individuals and families affected by

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Autism Spectrum Disorders in the State of Delaware.

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Implement the recommendations outlined in the 2013 Delaware Strategic Plan entitled Blueprint for

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Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for

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Individuals with Autism Spectrum Disorder. This may include assisting state agencies and partner agencies

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to develop more detailed implementation strategies and timelines, and to track progress towards specific

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goals.
Monitor services currently provided by state agencies to people with ASD, with the goal of identifying gaps

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and avoiding duplication of services


Provide oversight for and development of goals and priorities for the Delaware Network for Excellence in

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Autism (Network), created to assist in the implementation of the Committees recommendations.


Advise the General Assembly on legislation that is needed to implement these recommendations. The ICA

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may develop and recommend legislation to the General Assembly or comment on pending legislation that
f

affects those persons.


Submit a report annually to the Governor and the General Assembly summarizing:
1 The progress towards all recommendations adopted by the ICA and the activities of the Network and

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h) The ICA shall be chaired by the Network Director, who shall be responsible for coordinating quarterly

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meetings of the ICA with the locations of those meetings moving between state counties regularly.

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i) The Network Director shall not be a voting member of the ICA.

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j) Members of the ICA in existence at the time of this legislations passage shall maintain their membership.

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k) New members of the ICA not specifically mentioned below shall be appointed by a majority vote of the

the ICA;
2 Major categories of expenses and that includes all public, private, and in-kind support.
Members of the ICA shall not be compensated directly for their service on the ICA

256existing ICA members.


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l) The ICA shall adopt rules for the conduct of its meetings.

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m) Any actions taken by the ICA must be approved by a majority vote of the members present.

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n) The ICA shall establish policies and adopt rules to carry out its duties.

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o) Voting members of the ICA shall consist of, but not be limited to:

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1) The Statewide Director of the Delaware Autism Program;

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2) A representative appointed by the Department of Education;

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3) A representative appointed by the Division of Developmental Disabilities Services;

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4) A representative appointed by the Division of Vocational Rehabilitation;

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5) A representative appointed by the Center for Disabilities Studies at the University of Delaware;

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6) A representative appointed by Autism Delaware;

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7) A representative appointed by the Nemours network;

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8) A representative appointed by the Division of Public Health;

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9) A representative appointed by the Delaware Association of Rehabilitation Facilities;

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10) A representative appointed by the Division of Substance Abuse and Mental Health;

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11) A representative appointed by Family Voices;

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12) A representative appointed by the Parent Information Center of Delaware;

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13) A representative of Part C/Birth to Three System;

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14) A representative appointed by the Division of Prevention and Behavioral Health Services;

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15) A parent or caregiver of a child or adult with ASD from each county in Delaware;

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16) An individual with ASD.

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p) Administrative staff support for the ICA shall be provided by the Network.

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5543. Delaware Network for Excellence in Autism

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(a) The General Assembly hereby establishes the Delaware Network for Excellence in Autism (Network) in order

280to provide a resource for training and technical assistance for Delaware state agencies, organizations and other private
281entities operating in the State of Delaware who provide services and support to individuals and families affected by ASD.
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(b) The Network shall be run by a Director, who shall be hired by the Center for Disabilities Studies, with

283representation on the hiring committee by the Interagency Committee for Autism.


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(c) The Network Director shall be housed at the Center for Disabilities Studies at the University of Delaware,

285which shall be responsible for supervision of the Director.


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(d) The Director of the Network shall be responsible for the creation of an annual report and submission of such to

287the Governor and the General Assembly.


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(e) Network staff members shall possess experience in Autism Spectrum Disorders and shall administer training

289and technical assistance in all cases utilizing accepted evidence-based practices.


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(f) The Network shall maintain at least one administrative support staff position, who shall be responsible for

291supporting the day-to-day operations of the Network and shall be overseen by the Network Director.
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(g) The Network shall consist of at least four Team Leader Network staff positions, to ensure adequate training

293across the areas of healthcare, education, vocational services and social services.
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(h) Team Leaders shall be overseen by the Network Director.

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(i) The Network shall include at least 2 FTEs Family Trainer/Navigators, who shall be responsible for assisting

296families in learning about and gaining access to needed services, including those from the state system. These services shall
297also include community training opportunities for individuals and families.

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(j) Family Navigators shall be contracted through Autism Delaware and shall provide a quarterly report on the

299number of families served and major issues encountered to the Network Director and the Interagency Committee on
300Autism.
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(k) The Network shall develop and maintain a website that offers public visibility to the activities of the Network,

302the ICA, and tracks progress on attaining the goals of the Blueprint for Collective Action, as well as offering links to key
303autism services within Delaware.
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(l) The Network shall support the operations of the ICA through the maintenance of the website, maintenance of

305reports created by the ICA and minutes of ICA meetings, as well as other support as needed.
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(m) The Network shall consist of additional staff specifically designated to provide training, technical assistance

307and coaching to all local education agencies across Delaware.


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(n) Training and technical assistance related to education will be managed by the Network in collaboration with

309the office of the Statewide Director of the Delaware Autism Program.


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(o) The Network shall also administer additional contracts for training and technical assistance.

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(p) The Network shall have the authority to contract with outside individuals and agencies in order to provide

312needed training and technical assistance consistent with the Networks goals.
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(q) Contracts shall be overseen by the Director of the Network.

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(r) Contracted individuals shall adhere to similar standards of professional qualifications and demonstration of

315accepted, evidence-based practice as Network staff.


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(s) The Network Director shall be empowered to seek and administer outside grant funding as appropriate to fulfill

317the mission of the Network.

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SYNOPSIS

This bill establishes an Interagency Committee on Autism and the Delaware Network for Excellence in Autism.
Among other things, the Interagency Committee on Autism is charged with a) utilizing evidence-based practices and
programs to improve outcomes for people living with Autism Spectrum Disorders (ASD) and related developmental
disabilities in Delaware by sharing information, initiatives, data and communications among both public and private
agencies providing services and supports for individuals and families affected by Autism Spectrum Disorders in the State
of Delaware; and b) implementing the recommendations outlined in the 2013 Delaware Strategic Plan entitled Blueprint
for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with
Autism Spectrum Disorder.
The Delaware Network for Excellence in Autism is to provide a resource for training and technical assistance for
Delaware state agencies, organizations and other private entities operating in the State of Delaware that provide services
and support to individuals and families affected by Autism Spectrum Disorders. The Network is to support the operations
of the Interagency Committee on Autism through the maintenance of the website, maintenance of reports created by the
Interagency Committee on Autism and maintenance of meeting minutes, as well as other support as needed by the
Interagency Committee on Autism.

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SPONSOR: Sen. Henry

326
DELAWARE STATE SENATE
148th GENERAL ASSEMBLY

327

SENATE AMENDMENT NO. 1


TO
SENATE BILL NO. 93
328

329
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331

AMEND Senate Bill No. 93 by deleting lines 58 through 60 and substituting in lieu thereof the following:

332

14) A representative from the Delaware Collaborative for Educational Services (DCES) or, until DCES is

333

created, the Special Education Officer for Strategic Planning and Evaluation at the Delaware Department

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of Education;

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15) A representative appointed by the Division of Prevention and Behavioral Health Services;

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16) A parent or caregiver of a child or adult with ASD from each county in Delaware;

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17) An individual with ASD.

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FURTHER AMEND Senate Bill No. 93 by inserting the following after line 102:

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(t) The Network and the Network Director shall collaborate with the Delaware Collaborative for

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Education Services (DCES), an entity to be created out of recommendations from the Special Education Strategic

341

Plan, a plan directed by language in the FY15 Budget, Section 307 Epilogue.

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the DCES is formed. In particular, the Network shall collaborate with DCES to develop coaching, professional

343

development, and technical assistance in areas where there is overlap with services provided to people with Autism

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Spectrum Disorders as well low incidence disabilities, including but not limited to visual or hearing impairments,

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or simultaneous visual and hearing impairments; significant cognitive impairments; or any impairment for which

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a small number of personnel with highly specialized skills and knowledge are needed in order for children with

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that impairment to receive early intervention services or a free appropriate public education.

The collaboration shall begin after

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SYNOPSIS

This amendment adds a representative from the Delaware Collaborative for Educational Services (DCES)
or, until DCES is created, the Special Education Officer for Strategic Planning and Evaluation at the Delaware Department
of Education as a voting member of the Interagency Committee on Autism (ICA). It also adds a new paragraph (t) at the
end of the bill containing provisions for the collaboration between the Network and the Network Director and the DCES,
after it is created.

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