Synopsis:

H.B. 338 would allow Delaware students receiving public special education services to stay in school until they turn 22 years old. While federal law mandates that students with disabilities remain eligible for a free appropriate public education (FAPE) until age 21, with exceptions for certain state laws, several states have extended the age limit to 22. The Delaware Department of Education estimates such a change would have affected 118 public school students and 15 students who qualified for private placement in day or residential programs in the 2017–2018 school year. Supporters say that the extra year would give students a better opportunity to finish their studies and more time to plan for their transition to adult life. While there is no stated opposition to the philosophy behind the bill, there is concern about its cost, which in fiscal year 2019 would reach about $3.4 million, split between the state and local governments.

Supporters:

Reps. Heffernan (D), Gray (R), Hensley (R), Hudson (R), Keeley (D), Miro (R), Smith (D), Williams (D); Sens. Poore (D), Sokola (D), Lavelle (R), Lopez (R); Down Syndrome Association of Delaware, Governor’s Advisory Council for Exceptional Citizens, State Council for Persons with Disabilities.

Opponents:

The Delaware Association of School Administrators has said it cannot support the bill for financial reasons; the Delaware School Boards Association, Delaware State Education Association and Department of Education expressed similar reservations.

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