Sen. Nicole Poore

This Act is a substitute for Senate Bill No. 82. Like Senate Bill 82, this Substitute does all of the following: (1) Codifies the Department of Education’s (“Department”) current efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. (2) Requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process must include certain features. (3)Requires the Department to provide training to certain school district and charter school employees regarding the uniform public school registration process and issue guidelines for privacy of information submitted as part of the registration process. (4) Requires the Department to report to the Governor and General Assembly, no later than March 14, 2022, on the Department’s ability to connect the Internet-based uniform public school registration process to other Internet-based systems that are used to collect student data by the State; the Department; a licensed child care provider, including Head Start; or a public school serving preschool through age 21. This Substitute differs from Senate Bill No. 82 by doing all of the following: (1) Clarifying that a student must be registered in the student’s school district of residence before being eligible for the school choice process. (2) Requiring a public school be certified as completing training from the Department on the uniform public school registration process before providing paper forms as part of the in-person registration process. (3) Requiring the Department to provide uniform information about the uniform public school registration process to public schools and requiring the public schools to post the information on the school’s website and in other publications. (4) Requiring a public school to provide a parent with certain information after the parent completes the registration process, including the public school and school in which the child is enrolled.

This Act allows pharmacists to administer or dispense contraceptives under a standing order from the Division of Public Health. At least 11 states, the District of Columbia, and the U.S. Virgin Islands allow pharmacists to dispense contraceptives without a prescription from another health-care practitioner. This practice is supported by the American College of Obstetricians and Gynecologists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Delaware has been irreparably harmed by the opioid crisis. In 2018, 400 people died of an overdose in Delaware, and in 2019, 431 people died of an overdose. Settlements from opioid distributors, manufacturers, and pharmacies are expected to provide significant monies over a substantial period of time to Delaware. These funds are intended to address to harm caused by the opioid crisis in our communities. This Act establishes the Prescription Opioid Settlement Fund (Settlement Fund) and Prescription Opioid Distribution Commission (Commission), to ensure that settlement money is used to remediate and abate the opioid crisis and is not diverted to other purposes. The Commission is part of the Behavioral Health Consortium and is established to ensure that decisions on how to spend funds are reached through consensus driven process that takes into account the views and experience of affected communities. The Behavioral Health Consortium will distribute money received by the Settlement Fund and the Prescription Opioid Impact Fund (Impact Fund), enacted by Senate Bill No. 34 of the 150th General Assembly, according to the recommendations of the Commission. The Commission shall seek input from the public and relevant stakeholders and shall convene a Local Government Committee to ensure that recommendations from counties and municipal governments are carefully considered. The terms of settlement agreements, bankruptcy plans, or other agreements for the payment of monies by defendants in opioid-related litigation will likely include terms that establish how the money must be spent. The Commission is required to adhere to those terms. The Commission must produce an annual report regarding the receipt and disbursement of funds. This Act preserves the status quo of the existing parties to litigation while limiting the ability for new local government opioid suits to be brought, because new lawsuits could limit the size of Delaware’s recovery in global settlements that are expected to be reached. This Act repeals the sunset of the Prescription Opioid Impact Fee (Impact Fee) and Impact Fund It also repeals the report requirement for the Impact Fund because the information in that report will be included in the new report that the Commission must produce. This Act requires a greater than majority vote for passage because § 4 of Article VIII of the Delaware Constitution requires the affirmative vote of three-quarters of the members elected to each house of the General Assembly to appropriate funds to a county or municipality. This Act also requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.

The purpose of this act is to open up The Delaware Student Excellence Equals Degree Act (SEED Act) to adult Delaware residents, who are not recent high school graduates. Currently, about 56% of Delawareans age 25-64 lack a post-secondary degree. This expansion of the SEED grant program will encourage adult learners to return to school to enhance their knowledge and skills and increase their job opportunities. Adult individuals with a high school diploma or less education were significantly impacted by Covid-19-related job loss. This legislation can help to mitigate the effects of the pandemic on those adults. Tennessee has instituted a similar program called the Tennessee Reconnect Act.

This Act creates the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of housing insecure undergraduate students at any college or university in Delaware and appropriates $90,000 to the Fund for FY2022. DSHA is charged with administering the Fund and reporting to the Governor and the General Assembly how the funds are spent.

This Act creates a new Utilities Coordination Council, as recommended by the Utilities Coordination Working Group established by SCR No. 48 from the 150th General Assembly. The purpose of the Council is to review and recommend best practices for efficient utility relocations on transportation projects on Delaware's highways. Additionally, the Council will be responsible for implementation, accountability, and the resolution of any specific utility delays.

This bill will allow all surviving spouses of persons killed in the course and scope of employment to receive the same level of death benefits as the surviving spouses of those persons defined as “covered persons” in Section 6601(2), Title 18 of the Delaware Code, in the event that the surviving spouse remarries. This expansion of the death benefit beyond the surviving spouses of those persons specified in Section 6601(2) will result in all surviving spouses, who decide to remarry, being treated equally under Delaware’s Workers’ Compensation laws.

This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.

This Senate Joint Resolution requires the Department of Natural Resources and Environmental Control to engage authoritative federal agencies to identify the administrative structure, legal structure, and resource needs to establish a State nontidal wetlands permitting program effectively shifting the permitting program from the federal to the State level. This Senate Joint Resolution also requires that a report containing the results of this review be completed and made public within 1 year.

This Act transfers responsibility for early intervention services for children ages birth to age 3 from the Department of Health and Social Services to the Department of Education and revises the Code to be consistent with federal law. The Individuals with Disabilities Education Act (IDEA) requires states to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families. This Act requires that early intervention services be provided in compliance with all of the requirements of the IDEA, improves coordination between advisory bodies, and requires early intervention service providers to receive the same training on child abuse and the same background checks as school employees. Specifically, this Act does all of the following: Section 1. Creates a new Chapter 31A in Title 14 for the Infants and Toddlers Early Intervention Program. Section 2. Transfers responsibility for the Infants and Toddlers Early Intervention Program from the Department of Health and Social Services (DHSS) under Subchapter II, Chapter 2 of Title 16 to the Department of Education (DOE) under the new Chapter 31A of Title 14, and revises the Code as follows: 1. Aligns the Code with the requirements under the federal infants and toddlers program known as Part C of the IDEA. 2. Creates duplicate sections in Title 14 regarding the confidentiality of reports and prohibiting compulsory participation in the program consistent with existing sections in Title 16. 3. Adds standard organizational language for the Interagency Coordinating Council (ICC). 4. Requires the ICC to hold at least 1 joint meeting each calendar year with the Governor’s Advisory Council for Exceptional Citizens (GACEC) because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 3. Makes corresponding changes to Subchapter I, Chapter 2 of Title 16 to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program to DOE. Section 4. Adds the chair of the ICC as a member of the Early Childhood Council (ECC) and makes corresponding changes to the membership of the ECC to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program. Section 5. Requires the GACEC to hold at least 1 joint meeting each calendar year with the ICC because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 6. Requires early intervention service providers to receive the same child abuse and child safety awareness, prevention, detection, and reporting training as school employees. Section 7. Makes corresponding changes to § 7904 of Title 29 reflecting the transfer of the authority to charge a fee for a service provided by Child Development Watch from DHSS to DOE. Section 8. Requires early intervention service providers to receive the same background checks as other child-serving entities and makes corresponding revisions to the procedures to obtain and review the information received from these background checks. Section 9. Delays the implementation of this Act until July 1, 2023 to provide time for the transfer of the program, including the promulgation of regulations. Section 10. Provides that this Act is known as the “Infants and Toddlers Early Intervention Act”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee.