TITLE 14


Education


Free Public Schools


CHAPTER 31. EXCEPTIONAL CHILDREN


Subchapter III. Children With Disabilities


§ 3120. Right to receive public education.


The State shall provide, in the school districts and charter schools of the State, or in other state institutions and agencies
or in special programs and private agencies as established or approved by the Department with the approval of the State Board,
that each child with a disability as defined in this chapter shall receive a free and appropriate public education designed
to meet that child with a disability's own needs. The Department of Education shall be the agency responsible for the implementation
of this required provision.


61 Del. Laws, c. 190, § 7; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 148, 148A; 77 Del. Laws, c. 424, § 12.;


§ 3121. Special classes and facilities.


Each school district, charter school and other state agencies responsible for the care of Delaware citizens shall provide
and maintain, under appropriate regulations of the Department of Education approved by the State Board of Education, special
classes and facilities to meet the needs of children with a disability as herein defined and recommended for special education
or training who are residents of any geographical area within the State and who can be served by such special classes and
facilities. This and other sections of this chapter and this title may be carried out by assigning children who are residents
of 1 school district to attend classes in facilities of another school district according to Chapter 6 of this title concerning
tuitions. Placement in a state agency that is not part of the public school system shall be in accordance with rules developed
under § 3110 of this title.


42 Del. Laws, c. 125, § 1; 14 Del. C. 1953, § 3103; 51 Del. Laws, c. 287, § 2; 61 Del. Laws, c. 190, § 7; 71 Del. Laws, c. 180, §§ 148A, 149; 77 Del. Laws, c. 424, § 13.;


§ 3122. Identification and reporting of child with a disability.


Each school district shall be required to identify, locate and evaluate, or reevaluate, any child with a disability residing
within the confines of that school district, regardless of the severity of the disability, and who is in need of special education
and related services. The Department of Education with the approval of the State Board of Education shall provide through
rules and regulations that a practical method for carrying out this section be developed. The identification system so developed
shall provide information concerning the time and method of the evaluation or reevaluation of the child with a disability
and shall indicate the training, education or related services the child with a disability is receiving and the location of
that training, education or related services. The system shall further indicate any instance in which the child with a disability
is not receiving training, education or related services and the reason for that situation. Nothing in this chapter or the
rules and regulations issued thereunder shall authorize or require medical treatment of any child with a disability who objects,
or, in the case of a minor, whose parent or guardian objects thereto on religious grounds.


42 Del. Laws, c. 125, § 1; 14 Del. C. 1953, § 3105; 51 Del. Laws, c. 287, § 2; 61 Del. Laws, c. 190, § 7; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 148A, 150; 77 Del. Laws, c. 424, § 14.;


§ 3123. Supportive services and residential programs.


(a) Any school district administering a program for children with autism may provide from its own personnel or contract with
another state agency or a private service provider if necessary for appropriate supportive services, including, but not limited
to, respite care, physical, art and music education, psychological services, language and speech therapy, physical and occupational
therapy. The supportive services to be provided shall be based upon a program for each child as approved by the Department
of Education; provided, that the State Board may review any objection to the Department's decision. The school district designated
by the Department with State Board approval as the administering agency for a statewide program for autistic pupils shall
annually submit in its budget a request for funds for such services.


(b) Community-based residential units for autistic pupils may be operated by a school district designated and approved by
the Department with State Board approval as the administering agency for a statewide program for autistic pupils. When the
school district operates a community-based residential program, that program shall meet the following minimum standards:


(1) Pre-puberty and post-puberty children shall be housed separately. In no case shall a child under age 12 be housed with
a child over age 16 except as approved by the Human Rights and Peer Review committees of the statewide autistic program.


(2) Residential units shall be provided at the rate of 1 residential unit for each 4 residential pupils except that a maximum
of 5 pupils may be housed in 1 residential unit. Pupils housed for the purpose of respite care, additionally defined to mean
a period not to exceed 12 months, shall not be counted with respect to this provision. At no time shall the total number of
pupils exceed 6 including respite placements.


(3) Residential teacher coordinators shall be provided for a period of 12 months per year at the rate of 3 full-time equivalent
teacher coordinators per residential unit.


(4) Residential child care specialists shall be provided for a period of 12 months per year at the rate of 6 full-time equivalent
residential child care specialists per residential unit. The Department with the approval of the State Board of Education
shall determine the necessary educational requirements for the residential child care specialists.


61 Del. Laws, c. 190, §§ 5, 8; 64 Del. Laws, c. 381, §§ 1, 2; 71 Del. Laws, c. 180, § 151; 77 Del. Laws, c. 424, § 15.;


§ 3124. Private placement with financial aid.


(a) Private placement with financial aid may be sought when an Individual Education Program (IEP) team finds that an eligible
child with a disability cannot benefit from the regularly offered free appropriate public educational programs which include
regular classes, special classes or special schools. The determination shall be made by the IEP team and by the Department
of Education that no school district or other state agency has a suitable free and appropriate program of education for the
particular child with a disability. Such private placement shall be in a school or institution approved by the Department
of Education in keeping with its oversight responsibilities.


(b) Before the Department of Education can authorize expenditures for new placements according to this section, the case must
be reviewed by the Interagency Collaborative Team (ICT).


(1) The ICT shall consist of:


a. Division Director, Division of Prevention and Behavioral Health Services of the Department of Services for Children, Youth
and Their Families (DSCYF);


b. Division Director, Family Services of DSCYF;


c. Division Director, Division of Youth Rehabilitation Services of DSCYF;


d. Division Director, Division of Developmental Disabilities Services of the Department of Health and Social Services (DHSS);


e. Division Director, Division of Substance Abuse and Mental Health of DHSS;


f. Director of the Office of Management and Budget or designee;


g. The Controller General or designee;


h. Director, Exceptional Children's Group, Department of Education (DOE), who will serve as Chair; and


i. Associate Secretary, Curriculum and Instructional Improvement, DOE.


(2) A director assigned to the ICT may designate staff to represent the director on the ICT only if these designated representatives
are empowered to act on behalf of the division director, including commitment of division resources for a full fiscal year.


(3) The ICT shall invite to its meetings:


a. A representative of a responsible school district for the case under consideration;


b. The parents of the child;


c. Other persons the team believes can contribute to their deliberations.


(4) The ICT shall:


a. Review existing assessments of new referrals;


b. Prescribe, if required, additional assessments for new referrals;


c. Review proposed treatment plans of new referrals;


d. Recommend alternatives for treatment plans of new referrals;


e. Coordinate interagency delivery of services;


f. Review, at least annually, current unique alternatives for the appropriateness of treatment plans and transition planning;


g. If appropriate, designate a primary case manager for the purpose of coordination of service agencies;


h. If appropriate, designate agencies to be involved in collaborative monitoring of individual cases.


(5) The ICT will ensure that state costs incurred as the result of a Team recommendation or assessment of a child currently
funded from the Unique Alternatives appropriation will be covered from the existing appropriation. New referrals will be assessed
in the interagency manner described above. The ICT shall accept and review cases initiated by other agencies, but in all cases
the school district of residence must be involved in the review.


(6) Cases reviewed by the ICT will employ Unique Alternatives funding to cover state costs to the extent determined appropriate
by the Interagency Collaborative Team. Other agencies may recognize a portion of the responsibility for the treatment of these
children if determined appropriate by the Team. Cases involving individuals who are wards of the State shall be fully funded
from Unique Alternatives funding. Funds may be transferred upon the approval of the Director of the Office of Management and
Budget and the Controller General.


(7) The ICT shall report on its activities to the Governor, Director of the Office of Management and Budget, President Pro
Tempore, Speaker of the House and the Controller General by February 15 of each year. The report shall address the status
of items addressed in the previous February ICT Annual Report.


(c) Disputes concerning the private placement of a child are subject to the hearing procedures set forth in § 3135 of this
title. Subject to the parties' right to appeal, the decision of the hearing panel appointed by the Secretary of Education
is final and binding on all parties and the State Board of Education.


(d) Financial aid shall include tuition for special education and related services as defined in the Individuals with Disabilities
Education Act (IDEA) [20 U.S.C. § 1400, et seq.] to include daily transportation for a private day program and room and board
for a residential program. Transportation for a residential program will include, at a minimum, transportation to and from
the facility at the start and end of each school term and when the school is officially closed to students. Reimbursement
for other trips home or for the parents' travel costs to accompany the child or to attend conferences at the facility shall
be determined on a case-by-case basis.


(e) The Department of Education is authorized to continue utilizing funds appropriated for this section to develop unique
educational alternatives, in lieu of private placement, for children who have been found unable to benefit from the regularly
offered free, appropriate public educational programs and students in present education programs within this State whose individual
education plan requires services not presently available within the present unit funding system. Unique educational alternatives
shall be defined and approved by the Department of Education and may include, but not be limited to, related and supportive
services. Any placement made pursuant to this subsection shall be considered a special program placement and shall be eligible
for inclusion in local school district tuition tax rate setting per § 604(c) of this title.


61 Del. Laws, c. 190, §§ 5, 8; 61 Del. Laws, c. 271, § 1; 61 Del. Laws, c. 337, §§ 1, 2; 64 Del. Laws, c. 63, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 148A, 152; 73 Del. Laws, c. 321, §§ 12, 13; 74 Del. Laws, c. 98, § 1; 75 Del. Laws, c. 88, § 21(7); 76 Del. Laws, c. 280, § 383; 77 Del. Laws, c. 327, § 210(a); 77 Del. Laws, c. 424, §§ 16-20.;