This Act recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028. This Act also encourages that, in collaboration with the PEFC, the Department incorporate elements of the hybrid model in the development of the Governor’s Recommended Budget for Fiscal Year 2028 for consideration by the 154th General Assembly. However, during this transition, a school district or charter school should not receive a state appropriation for Fiscal Year 2028 that is lower than the amount that school received in Fiscal Year 2027. The PEFC was established under Senate Concurrent Resolution No. 201 (152nd General Assembly) on June 27, 2024, and then re-established under House Concurrent Resolution No. 2 (153rd General Assembly) on January 21, 2025, to conduct a comprehensive review of public education funding for all students and populations served by school districts and charter schools (public schools) and develop a roadmap of recommendations to implement improvements to the public education funding system. The PEFC’s recommends adopting a new public education funding framework, known as the “hybrid model”, that combines the current, resource-based funding formula with a student-based, weighted funding model. The hybrid model will improve equity in public school funding and facilitate gains in student achievement by increasing flexibility in how public schools may use appropriated money. The PEFC recommendations include accountability measures as an important balance to the increased flexibility and that the equalization formula must be modernized.
This Act establishes the position of a Title IX Coordinator in the Department of Education, whose purpose is statewide support, guidance, and oversight related to and providing for the enforcement of compliance with Title IX as it pertains to athletics in Delaware’s public schools serving grades 6 through 12. The Title IX Coordinator must do the following: 1) Offer annual Title IX training for school district and charter school Title IX coordinators, administrators, athletic directors, and coaches. 2) Provide non-legal technical Title IX assistance to school districts, schools, and charter schools, including model policies and best practices. 3) Collect and analyze data from school districts and charter schools to evaluate compliance with Title IX. 4) Identify, create, and maintain model Title IX policies and procedures. 5) Act as a liaison between public schools and federal agencies on updated rules and guidance. 6) Prepare a written report by December 1 of each year summarizing activities, findings, and recommendations for improving Title IX compliance and submit it to the Governor, General Assembly, and post publicly on the Department of Education website. This Act requires school districts and charter schools to annually post and report to the Department of Education the following information: 1) participation rates by sex in interscholastic and intramural athletics; 2) budget and expenditure information for boys’ and girls’ sports programs; and 3) other information determined necessary by the Coordinator to evaluate compliance. The Coordinator may issue systemic or school-specific non-legal guidance or request a school district, school, or charter school to engage in a strategic plan for improvement to address Title IX compliance. The Department of Education, in collaboration with the Delaware Interscholastic Athletic Association, will establish rules and regulations to implement and enforce the Act. The Act provides that the Department of Education must request sufficient funding to support the Coordinator position and necessary upgrades to the Department’s data system to enable collection and analysis of athletics budget and expenditure data disaggregated by sex.
This Act provides that each school district and charter school must report three times a year, instead of annually, to the Department of Education, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to mandated literary screening, and the literacy intervention approaches being provided.
This Act ensures that a public school employee may not work directly with students unsupervised without a valid permit or license issued by the DOE’s Professional Standards Boards or an approved license issued under Title 24. To that end, this Act creates a new permit requirement for any paraprofessional or student support and classroom position, including specialist interns, year-long residents, full time substitute teachers, substitute teachers seeking certification, student teachers, and classroom aides. The following employees are exempt from the permitting and licensing requirements: non-instructional administrators; nutrition staff; custodial staff; transportation staff; clerical staff; charter school heads exempt under § 507(c) of Title 14; and substitute teachers seriving for less than 12 consecutive weeks in a school. The same laws, procedures, penalties, and safeguards that apply to the issuance, suspension, and revocation of a license under Chapter 12 of Title 14, will apply to a permit. The DOE may require reimbursement of any funds disbursed to district or charter schools for an employee without a license or permit, who holds a position requiring a license or permit. The DOE may also require reimbursement for an employee that is working under an expired license or permit. Finally, this Act increases the maximum supplement amount an employee may earn for accepting additional responsibility assignments that impact student achievement. The supplement may be no more than $5,000, rather than $1,500. It also directs the Department to update the Department of Education PHRST code manual so that the position codes align to titles of positions that are currently used by educators, and outdated codes are deleted. The new system codes must be in effect by the start of the 2026-2027 school year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act prohibits discrimination in public schools, including school districts and charter schools, based on race, ethnicity, creed, color, religion, national origin, sex, sexual orientation, gender identity, protective hairstyle, body size, pregnancy or childbirth or related conditions, disability, genetic information, socioeconomic status, familial status, immigration status, or housing status. Under this Act, the Department of Education is required to update its regulations to align the protected classes therein with those in the general non-discrimination provision created by this Act. In addition to creating this non-discrimination provision [§ 136 of Title 14], this Act also does the following: 1. Aligns the protected classes in § 506, pertaining to restrictions on charter schools, with the newly created non-discrimination provision in § 136 of Title 14. 2. Amends the definition of bullying in § 4161 of Title 14 to include written, electronic, verbal, or physical acts that target a student, a school district or charter school volunteer, or a school district or charter school employee based on the target’s membership in any protected class under the newly created non-discrimination provision in § 136 of Title 14, or based on the target’s age. 3. Aligns the protected classes included in paragraph (b)(2)f. of § 4164 of Title 14 with the additional protected classes included in the newly created non-discrimination provision in § 136 of Title 14. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act establishes school officer units to fund school resource officers or constables in all Delaware public schools. Specifically, this Act funds at least 1 school officer in each school in a school district and in each charter school, regardless of enrollment, and provides for additional school officers for schools with over 1,000 students.
