2015 Delaware Code
Title 14 - Education
CHAPTER 13. SALARIES AND WORKING CONDITIONS OF SCHOOL EMPLOYEES
§ 1332 Program for children with autism; special staff.

(a) Director-specialist. — Whenever the Department with the approval of the State Board of Education designates a particular school district to administer the statewide program for children with autism, that district may employ a statewide director-specialist for a period of 12 months per year. The director-specialist shall hold a doctorate degree in psychology or exceptional children and shall possess such other qualifications for certification as are required by the Department with the approval of the State Board of Education. "Years of experience" in determining salary shall be in accordance with rules and regulations adopted by the Department with the approval of the State Board of Education in this respect. The director-specialist shall be paid the amount for which that director-specialist qualifies under § 1305(a), (b) and (d) of this title plus an amount for administrative responsibility determined in accordance with § 1321(c) of this title.

(b) Whenever the Department with the approval of the State Board of Education designates a particular school district to administer a statewide program for children with autism that district may employ specialists as herein authorized to serve the entire statewide program. Specialists so employed shall be paid according to the salary authorized for teachers in § 1305 of this title. The school district authorized to employ such specialists and the director may provide additional salary to such personnel according to § 1304 of this title and shall recover funds so expended from the school districts of residence of the children with autism by levying a fee against those school districts, including the administering district, whether or not the child with autism is a resident of that district, that is proportional to the number of persons served from a particular district. The fees so levied may be paid by the local school districts from funds collected according to Chapter 6 of this title.

(c) The administering school district may purchase specialized services for any such categories shown in this section rather than employ a staff person to serve that function. If the option to purchase services is exercised, then the dollar value of each full-time equivalent shall be the number of dollars set in the state supported salary schedule for a teacher holding a master's degree with 10 years of experience and employed for 12 months. The calculation of this funding shall be for the current school year. Expenditures of this nature may be used for the purchase of personal services. The administering school district wishing to use funds under this option shall first make application to the Department of Education for such use and proceed to exercise the option only after approval by the Department of Education; provided, that the State Board may review any objection to the Department's decision.

(d) The Department with the approval of the State Board of Education shall adopt such rules and regulations to establish and provide for parent advisory committees, a peer review committee which, at the request of the Department of Education, may also review procedures, in accordance with the regulations of the Department of Education, for children with educational classifications other than autism, a human rights committee, and appropriate liaisons with the Department of Health and Social Services. The Department with the approval of the State Board of Education shall adopt such rules and regulations to establish and provide for an Autistic Program Monitoring Board, to be composed of no less than 7 members and which shall include 1 nonvoting public representative nominated annually by the statewide parent advisory committee. Such representative shall not have any child enrolled in the program. The statewide Autistic Monitoring Review Board shall review at least annually the education of and provision of related services to students with autism throughout Delaware to ensure best practices are being used and opportunities for continuous improvement are afforded all such students. Disputes within or between districts or agencies shall be resolved by this Board. Procedural safeguards guaranteed to children with autism, their parents or guardians and to local school districts or agencies shall not be diminished by this provision.

63 Del. Laws, c. 177, § 3; 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(xiv); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(15); 64 Del. Laws, c. 381, § 3; 65 Del. Laws, c. 87, § 11(k)(9); 65 Del. Laws, c. 230, § 4; 65 Del. Laws, c. 348, § 12(r)(14); 66 Del. Laws, c. 85, § 12(p)(15); 66 Del. Laws, c. 303, § 12(m)(13); 66 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 82-85; 73 Del. Laws, c. 265, § 1; 78 Del. Laws, c. 5, §§ 32-36.;