HB 188 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC EDUCATION EQUITY OMBUDSPERSON PROGRAM AND THE EDUCATION EQUITY COUNCIL.

c.

The category of the problem the Program assisted with, including academic concerns, disciplinary issues, attendance, transportation, safety, bullying, or harassment.

d.

The number of employees or consultants engaged by the Program.

For employees, whether they are full or part-time, and for consultants, the number of hours worked over the course of the contract period.

e.

Systemic equity issues identified by the Program, and recommended solutions.

(2) The report required by this paragraph may not include any personal identifying information for any student or their family and must comply with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C.

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34 C.F.R Part 99.

§ 4148.

Educational Equity Council.

(a) The Educational Equity Council (Council) is formed for the purpose of providing input and oversight into the Education Equity Ombudsperson Program (Program) and to study and recommend solutions to ongoing or systemic equity problems.

(b) The Council is composed of the following voting members:

(1) One family member representative nominated by the chair of the Governor’s Advisory Council on Exceptional Citizens and appointed by the Chair of the House Education Committee.

(2) One family/advocate member representative nominated by the Governor’s Advisory Council on English Learners and appointed by the Chair of the Senate Education Committee.

(3) Two community representatives nominated by civil rights organizations actively engaged in education equity issues and appointed by the Chair of the House Education Committee.

(4) Two community representatives nominated by not-for-profit community organizations engaged in education equity issues and appointed by the Chair of the Senate Education Committee.

(5) Three educators nominated by the Delaware State Education Association and appointed by the Chair of the House Education Committee, each of which meets at least one of the following criteria:

a.

Has 1 or more children who are members of a class protected from discrimination under Delaware and Federal laws and regulations.

b.

Was as a child educated for a minimum of 6 years in a Delaware Title I school or was a child with a disability or whose first language was not English.

c.

Is currently a classroom educator in a Title I school or is special education certified classroom teacher or is an English language classroom educator specializing in teaching students whose first language is not English.

(6) Three members nominated by the NAACP Delaware State Conference of Branches, 1 from each county, and appointed by the Chair of the Senate Education Committee.

(7) The Secretary of State, or the Secretary’s designee.

(8) Two members of the House of Representatives, 1 from the majority party and 1 from the minority party, appointed by the Speaker of the House.

(9) Two members of the Senate, 1 from the majority party and 1 from the minority party, appointed by the President Pro Tempore.

(c) The Council is additionally composed of the following non-voting members:

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06/21/202306/02/2023 12:0608:36 PMAM g.83 (1) A member of the Delaware State Education Association, appointed by the Chair of the House Education Committee.

The(2) numberOne ofschool referralsor madedistrict toadministrator aof lawyer,Title lawI firm,programs ornominated legalby services agency, including the categoryDelaware Association of theSchool problemAdministrators facedand appointed by the student,Chair andof whether the referralSenate wasEducation madeCommittee. to a non-profit legal services agency or a private attorney or law firm.”.

FURTHER(3) AMENDOne school or district administrator of Title III programs nominated by the Delaware Association of School Administrators and appointed by the Chair of the House BillEducation No.Committee.

188(4) One school or district administrator of programs for students with disabilities nominated by strikingthe linesDelaware 61Association throughof 64School Administrators and insertingappointed inby lieuthe thereofChair of the following:Senate Education Committee.

“(2)(5) OneThe memberSecretary of theEducation, Delawareor Hispanic Commission, nominated by the DelawareSecretary’s Hispanicdesignee. Commission and appointed by the Governor.

(3)(6) TwoOne parentsschool ofdistrict childrenChief whoFinancial attendOfficer Title I schools, nominated by not-for-profitthe communityDelaware organizationsAssociation engagedof inSchool educationBusiness issues,officers and appointed by the Chair of the House Education Committee.”.Committee.

FURTHER(7) AMENDA Housemember Billof No.a school board appointed by the Chair of the Senate Education Committee.

188(8) onA linemember 65of bythe deletingDelaware “TwoChief communitySchool representatives”Officers andAssociation insertingappointed inby lieuthe thereofGovernor. “One community representative”.

FURTHER(9) AMENDA Housecharter Billschool No.leader appointed by the Governor.

188(d) onThe lineSecretary 67of byState, deletingor “Three”the Secretary’s designee, shall serve as the temporary chair of the Council and insertingshall indo lieuall thereofof “Two”.the following:

FURTHER(1) AMENDSet Housea Billdate, No.time, and place for the initial organizational meeting.

188(2) byNotifying insertingthe afterindividuals linewho 81are andmembers beforeof linethe 82Council of the following:formation of the Council and notifying those persons who are responsible for nominating or appointing a member.

“(10)(e) AAt member of the Delawarefirst Associationmeeting of Schoolthe Administrators,Council, nominated by the Delawaremembers Associationshall ofelect Schoola Administratorschair andfrom appointedamong by the Governor.voting members.

(11)(f) AThe memberDepartment of aState schoolshall boardprovide appointedadministrative bysupport theto Chair of the SenateCouncil. Education Committee.”.

FURTHER(g) AMENDThe Houseduties Billof No.the Council are as follows:

188(1) byTo deletingwork linewith 94the inDepartment itsof entirety.State to annually develop a request for proposal or renewal for the Program.

FURTHER(2) AMENDTo Houseapprove Billthe No.awarding of the contract for the Program.

188The byCouncil insertingmay afterappoint linea 96subcommittee to review and beforeconsult linewith 97the Department of State on the followingaward andof redesignatingthe accordingly:contract for the Program.

"(c)(3) TheTo publicmeet membersat ofleast thetwice Councileach shallyear serveto forreview termsthe operation and effectiveness of 3the years;Program.

provided,(4) however,To thatprovide therecommendations initialto termsthe mayProgram be of lengths of 1, 2, or 3 years in order to staggerimprove theits terms.effectiveness.

A(5) memberTo appointedprovide recommendations to the CouncilGeneral mayAssembly continueand to serve until such time as the member’sDepartment replacementof hasEducation beento appointedimprove orequity in the member’spublic termeducational renewed.system.

A member may serve no more than 2 consecutive terms, and then must be off of the Council for at least 3 years prior to being eligible for reappointment.”.

SYNOPSIS This amendment revises the composition of the Education Equity Council and adds some rules relating to terms.

It also revises portions of the Act to allow for referral and use of legal services in appropriate contexts and adds additional reporting requirements related to such uses.

It changes the RPF process to a 3-year rather than an annual process.

And it makes a technical correction.

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06/21/202306/02/2023 12:0608:36 PMAM 0281520069(h) The Council may request, and the Department of Education shall provide, or work with districts and charters to provide, global data that is relevant to student equity.

The provision of such data must comply with the Family Education Rights and Privacy Act, 20 U.S.C.

§ 1232g;

34 C.F.R Part 99.

SYNOPSIS This Act codifies the Equity Ombudsman program, the purpose of which is to provide students and families encountering inequity in the school system with non-lawyer advocates to assist them.

The Educational Equity Council, as a stakeholder council, provides oversight to the Equity Ombudsman program, to provide broad review, analysis and recommendations, for the improvement of student equity and outcomes in Delaware’s public education system.

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