Rep. Kendra Johnson

Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.

New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.

This concurrent resolution establishes a Task Force to investigate the cost of special education to include recommending strategies to improve cost efficiencies and outcomes for special education.

This bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property, or has an existing clothing bin on a property, to obtain a permit from the Department of Health and Social Services. The bill also imposes civil penalties on those that violate any provision of this Act and allows for seizure of any violator’s clothing bin at its expense, with an appeal process in the Justice of the Peace Court.

To address concerns regarding the actual and perceived fairness of lottery admissions to choice, charter, and vo-tech schools, this Act requires that a third party approved by the Department of Education and the State Board of Education conduct the lottery. The Department of Education currently has a contract with Data Service Center to perform the choice lottery for all schools and districts in Delaware. There is no cost to the districts or charters.

This Act eliminates a barrier that prevents students from graduating from high school by prohibiting the Department of Education from requiring world language credits to receive a State of Delaware Diploma. Many students struggle to pass language classes and while language classes are often necessary for college admission, language classes are not necessary for entry into trades.

This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user. Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons. This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill creates certificates of rehabilitation, an essential resource states can offer to support reentry, and promote public safety, by lifting statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. Certificates may be used to provide a way for qualified people with criminal records to demonstrate rehabilitation or a commitment to rehabilitation. At least six states currently have laws authorizing certificates of rehabilitation or other similar means of removing legal barriers arising from a criminal record separate and apart from seeking a governor pardon. This bill creates certificates of rehabilitation to restore the rights of people with criminal records who have paid their debt to society.

This Act codifies the Delaware Developmental Disabilities Council (“DDC”), which was created through Executive Order No. 123 in 1982 and placed in the Department of Safety and Homeland Security in the FY 2007 Budget Act. The DDC is established to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, and individualized supports for Delawareans with developmental disabilities. The DDC is required by the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 and this Act incorporates the requirements of this federal law in establishing the requirements for DDC membership, the responsibilities of the DDC, and protections to avoid conflicts of interest in the awarding of funds.

Recognizing the beneficial value of being in nature and fishing, this bill expands the list of fishing license exceptions to include residents of long term care facilities who are accompanied by the facility's controlling person.