Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 26 D · 1 R cosponsors

HB 86 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION FUNDING.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 41 sponsors

    25 primary, 16 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (26 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.

Bill Text

How this bill changes current law

3 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the definitions and funding calculations for special education units in Delaware's education system.

  • § 1703(a)

    K-3 Basic Special Education (Basic) — 12.2 → K-3 Basic Special Education (Basic) — 10.2

    This change reduces the number of students required per unit for K-3 Basic Special Education, increasing funding availability.

  • § 1703(d)

    The basic special education (basic) unit for kindergarten through grade 3 shall be 1 unit for 12.2 students. → The basic special education (basic) unit for kindergarten through grade 3 shall be 1 unit for 10.2 students.

    This amendment lowers the student threshold necessary for a basic special education unit in kindergarten through grade 3, which can increase funding for special education.

  • § 1703(d)

    the basic special education (basic) unit for kindergarten through grade 3 shall be 1 unit for 12.2 students. The basic special education (basic) unit for grades 4 through 12 shall be 1 unit for 8.4 students. → the basic special education (basic) unit for kindergarten through grade 3 shall be 1 unit for 10.2 students. The basic special education (basic) unit for grades 4 through 12 shall be 1 unit for 8.4 students.

    This change maintains the unit calculation for grades 4-12 while reducing the unit requirement for K-3.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Finance) in Senate with 2 Favorable, 2 On Its Merits

  4. Assigned to Finance Committee in Senate

  5. Reported Out of Committee (Education) in Senate with 1 Favorable, 4 On Its Merits

  6. Assigned to Education Committee in Senate

  7. Passed By House. Votes: 40 YES 1 NO

  8. Suspension of Rules in House

  9. Reported Out of Committee (Appropriations) in House with 4 Favorable, 1 On Its Merits

  10. Assigned to Appropriations Committee in House

  11. Reported Out of Committee (Education) in House with 7 Favorable, 7 On Its Merits

  12. Introduced and Assigned to Education Committee in House

Sponsors

Sponsorship breakdown

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25 sponsors · 16 co-sponsors · 35 not signed on · 1 voted No

Sponsors (25)

Co-sponsors (16)

Not signed on (35)

35 members have not signed on to this bill.

Show all 35 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 11100
Total 40100
% of votes cast 98%2%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does HB 86 do?
This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.
Who sponsors HB 86?
HB 86 is sponsored by Kyle Evans Gay, Kimberly Williams (Democratic), Nicole Poore (Democratic), Laura V. Sturgeon (Democratic), S. Elizabeth Lockman (Democratic), Trey Paradee (Democratic), David P. Sokola (Democratic), Bryan Townsend (Democratic), John "Jack" Walsh (Democratic), Nnamdi O. Chukwuocha (Democratic), William Bush (Democratic), William J. Carson (Democratic), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Sherae'a Moore (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Franklin D. Cooke (Democratic), Michael F. Smith (Republican), Madinah Wilson-Anton (Democratic), Stephanie L. Hansen (Democratic), Spiros Mantzavinos (Democratic), Marie Pinkney (Democratic), Krista Griffith (Democratic), Kendra Johnson (Democratic), Larry Lambert (Democratic), Melissa Minor-Brown (Democratic), Stephanie T. Bolden (Democratic), Sherry Dorsey Walker, Paul S. Baumbach, Sarah McBride, Bruce C. Ennis, Gerald L. Brady, David Bentz, Andria L. Bennett, Michael Ramone, Sean Matthews, John A. Kowalko, John L. Mitchell, Valerie Longhurst, and Peter C. Schwartzkopf.
What is the current status of HB 86?
This bill has been enacted into law. Introduced January 27, 2021. Enacted.
Where can I track HB 86?
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