Rep. Val Longhurst

This Act repeals the Senior Trust Fund Fee, the Interstate Compact Fee, and the Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee imposed on criminal defendants. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly also intends to eliminate any outstanding balances owed on these fees.

Maddy summaryThis bill designates the Orange Crush as the official state cocktail of Delaware. It directly affects the state's symbolic identity and recognizes a specific drink associated with Dewey Beach. The law amends the Delaware Code to formally name the Orange Crush, a highball made with orange vodka, triple sec, orange juice, and lemon-lime soda, as the state's official mixed drink. This change serves as a commemorative measure to honor the beverage's claimed origins in the region and its popularity at local bars.

The State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports. This House Substitute differs from the original HB 5 in that the deadline for application for a State Plan Amendment is extended to January 1, 2025. It also allows the Department of Education, the administrator of all reimbursements, to retain up to 5% of federal reimbursement dollars in order to defray administrative costs. Remaining funds shall be reimbursed to the local education agencies providing the services.

This Act establishes a mental health services unit for Delaware high schools. The unit is phased in over 3 years, beginning in FY2024, to arrive at a final ratio of 250 full-time equivalent students grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 9-12 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in high schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for high school students. Districts and charters should prioritize the hiring of school counselors who provide mental health services over those who provide career counseling. Conforming changes are also made to code sections dealing with mental health units for elementary and middle school students. This Act also creates a reimbursement program to encourage current school employees to gain certifications or professional licensure in critical need mental health areas.

This Act is a result of the work of the Delaware Interscholastic Athletic Association (“DIAA”) Task Force (“Task Force”). The 152nd Delaware General Assembly passed Senate Concurrent Resolution 19 establishing the Task Force to study and make findings and recommendations to best address the needs of student athletes and ensure DIAA’s effective and efficient functioning. The Task Force met over 8 months to discuss the most pressing issues facing DIAA. This Act addresses one of the identified issues: the waiver process when a student transfers from one school to another and wishes to play interscholastic athletics. Under current regulations, a student who transfers schools and wishes to participate in sports must complete a period of ineligibility unless the student meets certain conditions or qualifies for an exception. In order to meet the conditions or exception or otherwise request a waiver of ineligibility, the student must go through a waiver process. The student applies for a waiver, DIAA’s Executive Director makes an interim decision on the waiver, and the DIAA Board of Directors (“Board”) ratifies or rejects the Executive Director’s interim decision. If the Board has any questions about any part of the waiver application or interim decision, they reject the interim decision and schedule a hearing for the student to testify to answer the additional questions. By the time the Board issues a final decision on the waiver, the student has lost time to play sports and the Board has spend a great deal of its meeting time on the hearing, including going into executive session to maintain a student’s privacy. Among other matters relating to the waiver process, the Task Force discussed the amount of time that the waiver process takes, both from the students’ and Task Force’s perspective, and how to make the process more efficient and more equitable for the students. The Task Force concluded that moving the waiver process out of regulations and into the Delaware Code is the most efficient way to streamline the process, thereby benefitting student athletes and allowing the Board more time to focus on its other work. This Act is a combination of existing regulations, regulations that the Board proposed but were not enacted during the 8 months that the Task Force met, and the Task Force’s discussions on how to best improve the waiver process. Under this Act, the Executive Director makes the final decision on a waiver, subject to an appeal of a 3-member panel comprised of Board members. Shifting the final decision-making to the Executive Director removes duplicative steps, and specifying deadlines are to ensure as speedy a conclusion as possible. The Executive Director must issue their decision within 15 days of receiving a waiver, and a student may appeal the decision to the appeals panel within 15 days of receiving the decision. The appeals panel must issue its decision within 30 days of receiving an appeal. The appeals panel may not hold a hearing on an appeal or otherwise ask questions of a student who seeks an appeal; the panel must make its decision based on the documentation that the Executive Director used to make their decision. This Act organizes the process into the following categories: - Immediate eligibility applies to circumstances under which a student is immediately eligible to participate in sports at the school into which the student transfers (“receiving school”). A waiver is not required for immediate eligibility. Immediate eligibility applies if the student has not previously played the sport the student seeks to play at the receiving school, if the student has been placed in the custody of the Department of Services for Children, Youth and their Families, or it is the student’s first transfer and the student did not play the sport during the 180 days prior to transferring. The receiving school of a student who qualifies for immediate eligibility must initiate the completion of a tracking form, to document the transfer and reason for immediate eligibility. - Periods of ineligibility apply to a student’s subsequent transfer. A student is subject to a period of ineligibility of 30 days or ½ of the maximum number of contests, whichever is less. A student may seek a waiver of the period of ineligibility. - Exceptions to periods of ineligibility are provided in this Act. A student who meets an exception is not required to seek a waiver, but must provide documentation relevant to the exception. Seven types of exceptions are available, including transferring schools due to homelessness, court action, or a change in the student’s residence due to military assignment. Each exception has its own requirements. - Defining the waiver process, including deadlines, required documentation, and the factors required for granting a waiver. To approve a waiver, the Executive Director must consider the 4 factors under § 315(a), Title 14. The 4 factors do not include “hardship,” which has been a factor under the current regulations. The Task Force discussed that the hardship factor was too often an unreasonably difficult standard for a student to meet, resulting in a large percentage of the waivers sought and failing to meet the purpose of the ineligibility and waiver process, which is to discourage transfers for athletic reasons, multiple transfers, or transfers after a sports season has begun. The remaining 4 factor do meet this purpose. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act prohibits local education agencies and charter schools from prohibiting a student from participating in a school sponsored extracurricular activity on the basis the student has an outstanding debt for unpaid school meals.

This Act is a result of the work of the Delaware Interscholastic Athletic Association ("DIAA") Task Force. The current process for promulgating DIAA-related regulations grants the regulatory authority to the Department of Education ("Department") which is, in turn, required to delegate its authority to the DIAA. The current process also requires steps in addition to the regulatory process already required under the Administrative Procedures Act, Chapter 101 of Title 29. The additional process encumbers the DIAA's ability to make changes to regulations with the speed and flexibility often needed in the regulation of interscholastic athletics. Language in Section 1 of this Act, in the second half of § 122(b)(15), Title 14, starting with "The Department shall not approve any rule or regulation that denies a student the right..." is removed from that paragraph. However, the language remains in Section 2 of this Act, in the already-existing § 303(b)(2), Title 14. This Act removes the requirements that the Secretary of the Department propose DIAA-related regulations and the State Board of Education approve the proposed regulations. It also removes the requirement that DIAA and Department collaborate to develop regulations. This Act grants directly to the DIAA the authority to promulgate regulations.

This Act is a result of the Delaware Interscholastic Athletic Association ("DIAA") Task Force. Based on the findings of the task force, this Act updates the DIAA's Executive Director from an education associate level position in the Department of Education to a director level position in the Department.

This Act ensures that all female inmates in DDOC custody, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force.

This Act adds "victim of kidnapping" to the definition section of the Address Confidentiality Act, allowing for kidnapping victims to become eligible for the protections offered by the Address Confidentiality Program. This amendment is recommended and supported by the National Center for Missing & Exploited Children to better protect kidnapping victims and their families. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.