Conversion therapy is a practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy has been rejected by all mainstream medical and mental health organizations, and there is no credible evidence that it is effective. Moreover, this practice poses enormous health risks to LGBTQ youth, including an increased sense of shame, guilt, hopelessness, stress, and anger, thus increasing the risk of anxiety, depression, and self-harm. The harm done by conversion therapy can last well into adulthood. Therefore, this Act makes it unprofessional conduct or a ground for discipline for individuals granted a certificate to practice medicine under Chapter 17 of Title 24 or licensed under Chapter 19 of Title 24 (regarding nurses), Chapter 30 of Title 24 (regarding mental health and chemical dependency professionals), Chapter 35 of Title 24 (regarding psychologists), and Chapter 39 of Title 24 (regarding clinical social work examiners) to engage in conversion therapy with a child or to refer a child to a practitioner in another jurisdiction to receive conversion therapy. This Act also prevents the Department of Services for Children, Youth and Their Families from engaging in conversion therapy with a child or recommending that a child receive conversion therapy. Additionally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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The Delaware Department of Transportation currently uses a system to repair subdivision roadways in which a unit is dispatched only when a complaint is lodged with the Transportation Management Center. In order to avoid piecemeal repairs that waste valuable resources, the Delaware Department of Transportation will be directed by the Secretary of Transportation to review each subdivision roadway on a consistent basis that is in any subdivision that is at least 10 years old.
This Act restores the Delaware Prescription Drug Payment Assistance Program (“Program”), which was eliminated in the Fiscal Year 2018 Annual Appropriations Act. This Act replaces Senate Bill 148 and makes the following additional changes: (1) Delays implementation of the Act until January 1, 2019, to coordinate with the Medicare Part D benefit year to enable the Department of Health and Social Services (“Department”) to make necessary system changes. (2) Makes changes to the defined term “prescription drugs.” (3) Removes provisions required to be included in rules and regulations promulgated by the Department. (4) Adds provisions that may be included in rules and regulations promulgated by the Department. (5) Makes technical corrections to conform the provisions of the restored Program to the standards of the Delaware Legislative Drafting Manual.
This Act draws attention to the types of discipline used in schools by capturing data about out-of-school suspensions and publishing that data, in an effort to help schools identify areas where the data regarding out-of-school suspensions indicates there is room to reduce such suspensions. This Act is meant to increase transparency, improve overall school climate, resulting in improved student outcomes. The collection and publication of this data will also help the Department of Education and community partners identify opportunities to provide greater supports to schools, students, and their families. According to data provided by the Delaware Department of Education (“DOE”), thousands of Delaware students receive out-of-school suspensions each year for minor infractions, such as being unprepared or late for class, dress code violations, and disrespectful behavior. In 2013, only 2% of out-of-school suspensions were for serious offenses such as weapons, drugs, or serious violence. Out-of-school suspensions do not address the root causes for the misbehavior, and only serve to put the students further behind in class. Furthermore, DOE data shows that, in 2013, African-American students made up only 32% of the student body, but accounted for 62% of out-of-school suspension, and students with disabilities made up 13% of the student body, but accounted for 24% of out-of-school suspensions. Federal discipline guidance, developed jointly by the U.S. Departments of Education and Justice, instructs schools to commit to regular evaluation of school discipline policies and practices, and monitor progress toward the schools’ climate and discipline goals. The federal process requires schools to collect and publicly report disaggregated student discipline data and solicit feedback from students, staff, families, and community representatives. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. This Substitute Bill makes the following changes to Senate Bill No. 85: 1. References the existing definition of "disruptive behavior" in Title 14. 2. Includes "disability" as a category for data collection. 3. Extends by 1 year the years stated in the requirements to retain the same time frames. This is necessary because this Act will be enacted in 2018, not 2017 when it was drafted. 4. Clarifies what information is required for reports and provides deadlines for the required plans and reports. 5. Clarifies that schools must develop plans and strategies with stakeholder input. 6. Clarifies content for professional development.
The Delaware National Guard is a crucial partner in the preparedness, planning and in conducting operations in the event of radiological incidents. This Act’s modification to § 181 corrects an unintended flaw from a previous change to Title 20, affecting the manner in which National Guard members are paid for Radiological Emergency Preparedness (REP) events. The previous change in Title 20 impedes the National Guard’s efforts to recruit personnel, who have developed a high level of proficiency achieved through consistent monthly training. The change allows the Delaware National Guard to ensure ample participation and encourage returning members to build upon previous training and processes. This request has no impact to the State’s general funds as it is paid through Special Funding provided by Public Service Enterprise Group. This Act’s modifications to § 185 updates the requirements for the employment and administration of state employees working for the Delaware National Guard. The Delaware National Guard has administered their state employees similar to the federal military technician program which includes dual status and non-dual status technicians. In the 2017 National Defense Authorization Act, the non-dual status federal technician position was eliminated and technicians were converted into Title 5 employees. The change in the federal law impedes the employment and administration of some state employees. The change allows for the proper employment and administration of all Delaware National Guard state employees.
In 2017, HB 114 raised the minimum bodily injury and property damage liability limits set forth at 21 Del. C. § 2902(b)(2) from $15,000/$30,000/$5,000 to $25,000/$50,000/$10,000. However, HB 114 did not address the issue of combined single limits, and did not change the definition of “proof of financial responsibility” in the definitions section of Title 21. The purpose of this bill is to resolve the statutory conflict that was created when HB 114 was passed in 2017.
This bill adds to the requirements for licensure as a River Pilot Apprentice that an applicant not have been convicted of a crime substantially related to the practice of river piloting. This bill empowers the Board of Pilot Commissioners to waive such a disqualifier to licensure if it finds that the applicant is otherwise capable of practicing in a safe and competent manner, and the granting of a waiver will not endanger the public health, safety, or welfare. This language tracks that which is already included in most Title 24 boards’ statutes. This bill also empowers the Board of River Pilot Commissioners to discipline any licensee who is convicted of a crime substantially related to the practice of river piloting after obtaining licensure, and to discipline any licensee who has a river pilot license disciplined by another jurisdiction. This language also tracks that which is already included in most Title 24 boards’ statutes.
Birth control use is nearly universal among women of reproductive age in the United States and is a key part of preventative health care for women. Access to birth control provides health benefits for women and children, improves women's ability to control whether and when they have a child, and fosters women's ability to participate in education and the workforce. However, the cost of birth control, particularly the higher up-front costs of the more effective, longer-acting birth control methods, is often a barrier to women accessing the birth control they need. This Act codifies the current federal requirement that health insurance plans include coverage for contraceptives and applies this requirement to individual, group, State employee, and public assistance plans. This Act retains the current ability for religious employers to exclude coverage for the insertion and removal and medically necessary examination associated with the use of FDA-approved drugs or devices.
Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal, termination). The Department believes that its ability, as the agency issuing professional teaching credentials to educators, to undertake licensure action should be separate from any action by the public school employer. Further, the Department seeks to expand the circumstances in which the Secretary may automatically suspend teaching credentials, specifically to include situations involving felony crimes against a children or where there is a clear and immediate danger to student safety or welfare. This bill removes the requirement of employment action before disciplinable offenses may be handled by the Department, making this licensure disciplinary structure consistent with how other licensed professions are handled in this State. The bill also creates the power to impose temporary emergency suspensions in those rare instances where a teacher poses a threat to student health, safety, or welfare. Finally, this bill creates the confidential letter of concern that is non-disciplinary and may be used in those instances where a teacher’s behavior is not in violation of the code, but indicative of a practice that is a matter of concern. These two provisions also make teacher licensure discipline more similar to other licensed professions in the State.
This Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.