HB 454 DE

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Became Law

This Act revises the Code to be consistent with federal law. The Individuals with Disabilities in Education Act (IDEA) requires states to make a free appropriate public education (FAPE) available to all children with disabilities “between the ages of 3 and 21, inclusive.” 20 U.S.C. § 1412(a)(1)(A). The term “inclusive” requires states to extend eligibility until a student’s 22nd birthday. The IDEA allows states to limit the age of eligibility for FAPE to students between the ages of 18 through 21 only to the extent state law, practice, or court order limits the provision of public education to all children within those age ranges. 20 U.S.C. § 1412(a)(1)(B). In Delaware, state law and practice provide public education to adults without age limitation. Delaware is one of the few states that has developed a public adult high school, the James H. Groves Adult High School, accommodating those needing an alternative to a regular day-school program. As such, federal law requires Delaware to extend eligibility for children with disabilities through their 22nd birthday. Current statute and regulation extend eligibility to the end of the school year in which a child with a disability turns 21, this Act proposes to keep the established exit point to minimize service interruptions and only change the age from the end of the school year in which a child turns 21 to the end of the school year in which a child turns 22.

• Debra Heffernan Democratic · primary
• Nicole Poore Democratic · primary
• Laura V. Sturgeon Democratic · primary
• Valerie Longhurst · primary
• Krista Griffith Democratic · primary
• Kimberly Williams Democratic · primary

1. Jun 2, 2022 Introduced and Assigned to Education Committee in House · lower
2. Jun 8, 2022 Reported Out of Committee (Education) in House with 4 Favorable, 8 On Its Merits · lower
3. Jun 9, 2022 Assigned to Appropriations Committee in House · lower
4. Jun 14, 2022 Reported Out of Committee (Appropriations) in House with 6 On Its Merits · lower
5. Jun 16, 2022 Passed By House. Votes: 40 YES 1 ABSENT · lower
6. Jun 16, 2022 Assigned to Education Committee in Senate · upper
7. Jun 22, 2022 Reported Out of Committee (Education) in Senate with 6 On Its Merits · upper
8. Jun 22, 2022 Assigned to Finance Committee in Senate · upper
9. Jun 28, 2022 Reported Out of Committee (Finance) in Senate with 4 On Its Merits · upper
10. Jun 30, 2022 Passed By Senate. Votes: 21 YES · upper
11. Jul 22, 2022 Signed by Governor · executive