Gov. Jack Markell signed legislation June 17 that requires school districts to use higher standards when offering educational services to children with special needs.
House Bill 328 mandates that schools, appeals boards and courts stop applying a legal precedent that entitles a special needs child to a public education equivalent to “a serviceable Chevrolet,” rather than a Cadillac.
That standard was articulated in a 1993 federal court ruling and often is cited in cases where parents unsuccessfully appeal school decisions regarding educational services for disabled children.
The new law ensures in those types of cases that standard for Delaware would come from the 3rd U.S. Circuit Court of Appeals, which has ruled students are entitled to a “free and appropriate” education.
Rep. S. Quinton Johnson, D-Middletown, the bill’s sponsor, said the new law gives parents of disabled children greater ability to compel school districts to provide specifically tailored services in students’ Individualized Education Programs.
Part of the inspiration for the legislation came from Johnson’s own experiences with his son Quinton, who is deaf.
“We had issues we had to overcome, we didn’t expect an issue when we got to school,” he said.
Lt. Gov. Matt Denn, who has advocated for a number of children’s issues, said the law is not aimed at all Delaware school districts or the staff who serve disabled children.
“This bill is going to remove artificial barriers to success,” he said. “We have a lot school districts in our state that already believe in helping children succeed.”
Email Doug Denison at doug.denison@doverpost.com.
