HB 309 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

Summary
The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill.  This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities.
Bill status signed all 5 stages cleared
Introduction
Mar 2026
Committee Review
May 2026
House Passage
Apr 2026
Senate Passage
Jun 2026
Signed into Law
Jul 2026
Introduced Mar 5, 2026 Signed Jul 23, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HB 309 Bill Text · 8 edits
MODERATE
The final bill text substantially expands and restructures the statewide ASD program provisions compared to House Amendment 1. Key changes include allowing the Department to designate a school district or other entity to administer the program, adding detailed Director qualifications and salary rules, replacing a fixed number of 5 training specialists with a formula-based staffing model (1 per 100 students), changing the SMRB reporting cycle from every 3 years to at least annually, and adding comprehensive funding provisions. The synopsis reframes the bill's purpose as aligning code with the Department of Education's current practices following the program's 2023 transfer.
SCOPE

The Department may now designate a school district or other entity to administer the statewide ASD program, rather than the Department administering it directly. If no district is willing, the Department acts in that role.

REQUIREMENT

Detailed qualifications added for the statewide Director: doctorate degree (or master's with extensive experience), minimum 10 years working with individuals with ASD, at least 5 years in a supervisory education role, graduate-level training in evidence-based practices, and experience leading professional development programs. Salary is tied to specific code sections.

FISCAL

Training specialist staffing changed from a fixed number of 5 to a formula of at least 1 per 100 students with ASD (determined by September 30 count), with a phase-in schedule starting at 2 in FY2019 and adding 2 more in FY2020. Detailed funding sources added including General Assembly appropriations, Department allocations, pass-through funds, tuition funds, fees for service, and other available funds.

Added provision allowing the program to purchase specialized services from outside contractors instead of hiring staff, with FTE value set at the state-supported salary for a master's-level teacher with 10 years of experience. State Board of Education may review objections to Department decisions.

TIMELINE

The training and technical assistance is designated as a 3-year pilot program ending June 30, 2021 unless extended by the General Assembly. State appropriations must be phased in over several years starting FY2019 in equal increments.

ELIGIBILITY

Age range for students covered expanded from birth to age 21 to birth to age 22.

ENFORCEMENT

SMRB reporting frequency changed from every 3 years (first due October 1, 2028) to at least annually. SMRB now has explicit dispute resolution authority for disputes within or between public schools and the Director. Reports must be available on each school district or school website in addition to the Department website.

DEFINITION

Public representative conflict of interest for SMRB narrowed: a representative may not have a child with ASD enrolled in a Delaware public school program during the representative's term of service (previously just stated they may not have such a child enrolled).

Floor votes · Senate Jun 30, 2026 · House Apr 21, 2026

How they voted

210
Passed
Total votes 21
Jun 30, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
6
Committee
2
Amendments
2
Jul 23, 2026
Signed into law
Signed by Governor
executive
Jun 30, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
May 13, 2026
Upper · Passed
Reported Out of Committee (Education) in Senate with 5 On Its Merits
upper
Apr 21, 2026
Introduced
Assigned to Education Committee in Senate
upper
Apr 21, 2026
Lower · Passed
Passed By House. Votes: 38 YES 3 ABSENT
lower
Apr 21, 2026
Lower · Passed
Amendment HA 1 to HB 309 - Passed In House by Voice Vote
lower
Apr 21, 2026
Introduced
Amendment HA 1 to HB 309 - Introduced and Placed With Bill
lower
Mar 11, 2026
Lower · Passed
Reported Out of Committee (Education) in House with 9 On Its Merits
lower
Mar 5, 2026
Introduced
Introduced and Assigned to Education Committee in House
lower
5 primary · 0 co-sponsors

Sponsors