AN ACT TO AMEND TITLES 13 AND 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL ENROLLMENT OF CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.

This Act updates the school stability law for children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) following passage of the federal Every Student Succeeds Act (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). ESSA requires Delaware to eliminate the provision “awaiting foster care placement” under § 202(c), Title 14 in accordance with the federal McKinney Vento Homeless Assistance Act by December 10, 2017, and instead create a distinct provision regarding school stability for children in the custody of DSCYF. [42 U.S.C. §§ 11431 to 11435; ESEA section 1111(g)(1)(E)(i)-(iii)), 20 U.S.C. §6311(g)(1)(E)]. This Act clarifies that children in the custody of DSCYF remain entitled to attend their school of origin if it is in their best interests to do so, or are eligible for immediate enrollment in a new school. Sections 1, 2, and 3 of this Act take effect on the effective date of final regulations published in the Register of Regulations and promulgated under authority granted by § 202A(d) of Title 14, which is created by Section 2 of this Act.