Rep. Josue Ortega

This Act updates the Delaware Volunteerism Act to specify that high school students may complete their community service with local fire departments to obtain up to 1 elective credit. It also requires schools to notify students of the opportunity to earn elective credit through volunteer work at or before the time students select their classes. This Act also allows the Department of Education to promulgate regulations to implement the Delaware Volunteerism Act. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.

Delaware currently permits the nonprobate transfer of bank accounts, investments, and vehicles. This Act provides a mechanism for the nonprobate transfer of real estate without requiring the creation of a revocable trust. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (“TOD”) deed designating a beneficiary who will automatically receive the real estate on the owner's death. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the TOD deed. This Act is a Substitute for House Bill No. 147. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 19 states (including Virginia), the District of Columbia, and the U.S. Virgin Islands, and a substantially similar law has been enacted in 10 additional states. The Uniform Real Property Transfer on Death Act is pending before 6 state legislatures (including New Jersey and Maryland). In adopting the Uniform Real Property Transfer on Death Act, this Act, like House Bill No. 147, also makes the following changes to the uniform law and Delaware law: (1) Provides clarity that a transfer on death deed controls over any contrary instruction in a will to transfer the same real property. (2) Provides in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) Authorizes the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose real property has transferred to the beneficiary by a transfer on death deed. (4) Authorizes a beneficiary to file with a Register of Wills the death certificate of a person whose real property has transferred to the beneficiary by a transfer on death deed. (5) Makes abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to real property and may disclose that death certificate to a Register of Wills to prove the person’s legal right to real property. This Act differs from House Bill No. 147 as follows: (1) By providing that an owner of real property may transfer the property only to an individual. (2) By making clear that a transfer on death deed, including all signatures required to execute a transfer on death deed, must be notarized. (3) By requiring a transfer on death deed be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary. (4) By requiring a revocation of a transfer on death deed be witnessed by 2 individuals and making a conforming change to the optional form. (5) By making changes to the optional transfer on death deed form in this Act to do the following: a. Making clear a mailing address is required for a beneficiary. b. Making clear on the deed how the deed may be revoked. c. Bolding the acknowledgement related to the effect a transfer on death deed has on a contrary instruction in a will and rewriting this acknowledgement in plainer language. An owner’s transfer of real property to a beneficiary by a transfer on death deed controls over a contrary instruction in a will that is prepared before or after the transfer on death deed. d. Requiring printed names and signatures for owners and witnesses and updating the form to make clear 2 witnesses are required. (6) By making clear that the Court of Chancery has jurisdiction over challenges to the validity or revocation of a transfer on death deed. (7) By relocating Section 5 of this Act to another chapter in the Insurance Code and making other changes to conform the language to existing law.

This Act updates the Right to Representation statute by moving certain duties to the office of the State Courts Administrator and clarifies terminology used within the statute.

This Act creates the Affordable Rental Housing Program (ARHP) within the Housing Development Fund. The ARHP is modeled on the federal Section 515 program and provides loans to increase the supply of affordable housing for families with very low-, low-, and moderate-incomes, individuals who are elderly, and individuals with disabilities.

Like House Bill No. 15, this Act permits early childhood educators in the public schools to use and encourage play-based learning in their classrooms and in their curriculum. This Act permits local education agencies to provide early childhood professional development in play-based learning, which may include professional development programs developed by the Department of Education. This Act also permits the Department to promulgate regulations for purposes of implementing this Act. This House Substitute No. 1 for House Bill No. 15 incorporates the changes from House Amendment 1 to House Bill No. 15 with respect to the definitions of early childhood education and early childhood educators encompassing education from prekindergarten through second grade, adding topics that may be included in materials developed to provide ongoing early childhood professional development in play-based learning, and making technical corrections for clarity. This House Substitute also updates the definition of “play” and “play-based learning” contained in House Bill No. 15 and adds a definition for “guided play”.

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 enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the interstate practice of school psychology in educational settings. School-based mental health services are in high demand in Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the Compact, the Act aims to increase the availability of school psychological services for students in this State. The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact has been enacted in 2 states and legislation is pending in several others.

This Act requires schools that receive federal funding ensure students, staff, and faculty are protected from sex-based discrimination and sex-based harassment. The Act further requires schools to communicate to students, through their website, the existence of Title IX administrators as required by federal law. The Act requires the school’s website provide information explaining the roles and duties of Title IX administrators, how to contact the appropriate Title IX administrator, and the school’s Title IX policy. The Act ensures that students have access to the appropriate forms to start a complaint and access to the FAQ link provided by U.S. Office of Civil Rights. The Act instructs the school to provide an explanation and examples of possible supportive measures for students who experience sex-based discrimination or sex-based harassment. The Act instructs the Title IX coordinator of every Title IX school to provide a written reminder to school staff and faculty at the beginning of the academic year, outlining the school’s Title IX policy regarding the reporting of sex-based discrimination, including sex-based harassment.

This Act requires that members of school boards, including charter school boards, receive training on all of the following: 1. Requirements for school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29. 2. Best practices regarding the conduct of meetings, including the use of rules of order. 3. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29. Most school boards already provide training that satisfies the requirements under this Act and the training and notices required under this Act may be combined with the training and notices already required under § 1803 of Title 14 for required financial responsibility training.

Maddy summaryHB 64 requires Delaware school boards to provide remote access for public participation in meetings, directly affecting school board members and community residents. The bill mandates that meetings include a functional online platform - such as live streaming or video conferencing - allowing the public to view proceedings and submit comments remotely. This change ensures that residents who cannot attend in person, including those with mobility challenges or during emergencies, can engage with school governance. The provision applies to all regular and special school board meetings under Delaware law. It focuses on practical accessibility without altering school policies or funding.