This Concurrent Resolution recognizes March 29, 2019 as "National Vietnam War Veterans Day" in Delaware.
Act enacts the National Popular Vote compact, which changes the Electoral College from an institution that reflects the voters’ state-by-state choices into a body that reflects the voters’ nationwide choice. Currently, state statutes require that electoral votes are controlled by the plurality of the voters in the state but this system is not required by the U.S. Constitution or federal law. The National Popular Vote compact requires that each member state award its electoral votes to the presidential candidate who received the largest number of popular votes in all 50 states and the District of Columbia. The National Popular Vote compact becomes effective when it is enacted by states collectively possessing a majority of the electoral votes. When the National Popular Vote compact takes effect, the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia would be guaranteed enough electoral votes in the Electoral College to be elected to the Presidency. Specifically, this Act does the following: Section 1. Adopts The Agreement Among the States to Elect the President by National Popular Vote ("National Popular Vote compact") and provides for notice regarding when the National Popular Vote compact is in effect and governs a presidential election. Section 2. Revises the wording of § 4303(b) so that it correctly addresses how electors must vote in any presidential election. This is not a substantive change to current law, which governs when the National Popular Vote compact is not applicable to an election, because the electors nominated by the political party that received the plurality of vote of the voters of this State are the electors who are appointed. Section 3. Corrects a typographical error in § 5711. Section 4. Revises § 5711 to govern when the National Popular Vote compact governs a presidential election. Both versions of § 5711 will appear in the Delaware Code with a note at the top of each version stating if that version governs the next presidential election. Section 5. Revises § 7704 of Title 15 regarding the election of delegates to a state constitutional convention to ratify proposed amendments to the U.S. Constitution so that it remains unchanged by the National Popular Vote compact. The statute currently provides that delegates are elected "in the same manner as in the case of the election for electors for President and Vice President." Because the National Popular Vote compact changes how electors are selected, § 7704 is revised so that delegates to a national constitutional convention are nominated and elected in the current manner, regardless of whether the National Popular Vote compact governs the next presidential election. Section 6. Clarifies the effective date of this Act and when Section 1 of this Act governs a presidential election.
This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 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 K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary 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. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students.
This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 centers per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center.
This Resolution recognizes April 2019 as Child Abuse Prevention Month in Delaware.
This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term. Pursuant to its terms, funding for K-3 special education will be phased in gradually over 4 years.
This Act provides that the amount of ordinary or disability pension payable to a 9-1-1 operator includes 2.45% of the 9-1-1 operator's final average compensation multiplied by years of service above 25 years, the same multiplier as applied to corrections officers and specified peace officers. This Act also makes a technical correction.
This Concurrent Resolution recognizes November 2019, as Autoimmune Disease Awareness Month in Delaware.
The use of genetic information in disqualifying coverage for non-health insurance products, such as disability insurance and long term care insurance, is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. This Act also provides a notice requirement if an insurer requires a genetic test. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The language set forth in this statute would remove barriers for inmates who are students with disabilities and who have an Individualized Education Program (IEP) under state and federal law, when being considered for parole or a sentence modification. Requiring an inmate with an IEP to complete a GED or State of Delaware High School Diploma is counter-productive to the treatment and programming of this segment of the prison population and prohibits them from seeking the same benefits of parole or sentence modification afforded to those inmates who do not have an IEP. This amendment to the law allows an inmate the opportunity to earn a State of Delaware Diploma of Alternate Achievement Standards upon successful completion of the inmate's IEP.
