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SPONSOR: Rep. K. Williams & Sen. Sturgeon
Reps. Berry, Chukwuocha, S. Moore, Kamela Smith
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 313
AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF
SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES AND EDUCATIONAL SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Part I, Title 14 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 Chapter 24A. DSCYF EDUCATION UNIT
4 § 2400A. Definitions.
5 For purposes of this chapter, “DSCYF” means the Department of Services for Children, Youth and Their Families,
6 under Chapter 90 of Title 29.
7 § 2401A. Purpose.
8 The Department of Services for Children, Youth and Their Families (DSCYF) must maintain an Education Unit
9 that will provide educational services for the children and youth residing in facilities operated by DSCYF.
10 § 2402A. Staffing and qualifications.
11 The qualifications of employees for the DSCYF Education Unit, except secretaries, shall be the same as those
12 qualifications for public education employees pursuant to § 122(c) of this title.
13 § 2403A. Job duties.
14 Employees of the DSCYF Education Unit shall have responsibilities as defined and developed by DSCYF.
15 § 2404A. Salary.
16 (a) Salary for employees of the DSCYF Education Unit shall be in accordance with the regularly adopted salary
17 schedules set forth in § 1305 of this title. The salary so computed shall be divided by 0.7 for 10 months employment and
18 the 10-month amount shall be multiplied by 1.2 to calculate the 12-month salary.
19 (b) An employee whose primary job location is onsite within a facility operated by the Division of Youth
20 Rehabilitation Services shall also receive hazardous duty supplements as provided in the Merit System, under § 5916 of
21 Title 29.
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22 (c) DSCYF Education Unit employees with supervisory responsibilities shall receive an administrative supplement
23 in accordance with § 1321 of this title.
24 (d) Should the standard work hours for DSCYF Education Unit employees exceed the number of hours identified
25 in § 1335 of this title, Education Unit employees shall have their annual salary adjusted accordingly to account for hours
26 worked under § 2406A of this title.
27 § 2405A. Unit count.
28 Students served by the DSCYF Education Unit shall not be included in the calculation for unit count purposes as
29 defined in Chapter 17 of this title.
30 § 2406A. Work hours and school schedule.
31 The work week for employees of the DSCYF Education Unit shall be 37½ hours per week in accordance with the
32 standard work hours for executive branch employees. The school schedule will be developed by DSCYF in coordination
33 with the respective facility operation schedule.
34 § 2407A. Limited local education agency.
35 The DSCYF Education Unit shall be considered a local education agency only for the purposes of:
36 (1) Any federal, state, or private loan forgiveness programs available to educators.
37 (2) Any federal, state, or private competitive grant made available to, and awarded directly to, local education
38 agencies, provided that any specific qualifying requirements are met.
39 (3) Credits issued for youth who complete the requirements for credit-bearing courses provided through the
40 DSCYF Education Unit and credits for youth returning from placement by the Department.
41 Section 2. Amend § 9003, Title 29 of the Delaware Code by making deletions as shown by strike through and
42 insertions as shown by underline as follows:
43 § 9003. Powers, duties, and functions.
44 (a) The Department of Services for Children, Youth and Their Families has the following powers, duties, and
45 functions:
46 (8) To supervise the provision of education in all facilities operated by the Department, with the Education
47 Unit of the Department being considered a local education agency only for purposes of:
48 a. Any federal, state, or private loan forgiveness programs available to educators.
49 b. Any federal, state, or private competitive grant made available to, and awarded directly to, local
50 education agencies, provided that any specific qualifying requirements are met.
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51 c. Credits issued for youth who complete the requirements for credit-bearing courses provided through
52 the Education Unit in the Department and credits for youth returning from placement by the Department.
53 Department.
54 Section 3. Amend § 9005, Title 29 of the Delaware Code by making deletions as shown by strike through and
55 insertions as shown by underline as follows:
56 § 9005. Powers, duties and functions of Secretary.
57 The Secretary shall:
58 (3) Appoint the following administrators and any additional personnel as may be necessary for the
59 administration and operation of the Department within such limitations as may be imposed by law:
60 a. An administrator of the Office of Case Management who shall be known as the Administrator of Case
61 Management; and Management.
62 b. An administrator of the Office of Prevention who shall be known as the Administrator of Prevention;
63 Prevention.
64 c. An administrator of the Education Unit who shall be known as the Education Administrator/Director of
65 Education Services.
66 Section 4. Amend § 9006, Title 29 of the Delaware Code by making deletions as shown by strike through and
67 insertions as shown by underline as follows:
68 § 9006. Major organizational units created.
69 The following Divisions and other major organizational units are hereby created within the Department of Services
70 for Children, Youth and Their Families:
71 (1) The Division of Family Services which shall be responsible for the provision of child protective,
72 placement, treatment, prevention, adoption adoption, and related services; services.
73 (2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of
74 prevention, outpatient and residential mental health, and drug and alcohol treatment services for children and youth;
75 youth.
76 (3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention,
77 institutional care, probation, aftercare and prevention services for children and youth; youth.
78 (4) The Division of Management Services which shall be responsible for administering and coordinating fiscal
79 affairs, record keeping, personnel, accounting and purchasing, and other general services for the Department as the
80 Secretary may deem necessary for the proper, efficient and economical operation of the Department; Department.
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81 (5) The Office of Case Management which shall be responsible for monitoring case management among the
82 divisions within the Department. This Office shall have the authority to assign case management responsibility to one
83 of the service divisions whenever necessary; necessary.
84 (6) The Office of Prevention which shall have the responsibility for providing training, public education and
85 consultation services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health
86 disorders and drug and alcohol abuse among children and youth.
87 (7) The DSCYF Education Unit which shall have the responsibility for the provision and supervision of K-12
88 education programming for children and youth in department-operated residential programs. The Education Unit must
89 comply with all state and federal laws relating to individuals with disabilities, including the Individuals with
90 Disabilities Education Act (IDEA) [20 U.S.C. § 1400 et seq.], Section 504 of the Rehabilitation Act [29 U.S.C. § 794],
91 and Chapter 31 of Title 14 of the Delaware Code (Exceptional Children).
SYNOPSIS
This Act codifies the Education Unit in the Department of Services for Children, Youth and Their Families
(DSCYF). The Education Unit provides educational services to children and youth residing in facilities operated by
DSCYF.
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