Delaware § 1332 - Statewide program for services for students with autism spectrum disorder (ASD).

§ 1332. Statewide program for services for students with autism spectrum disorder (ASD).

(a) The Department shall provide training and technical assistance across all public schools within this State on behalf of students with an educational classification of autism spectrum disorder (“ASD”). Educational programming provided under this chapter must have high-quality instruction based on research and evidence-based practice.

(b) The Department must administer statewide support and services for students with an educational classification of ASD.

(c) The Department must employ a statewide director (“Director”) to oversee statewide supports and services for ASD. The Director must have the following qualifications and expertise with ASD:

(1) Doctorate degree in psychology, special education, applied behavior analysis (“ABA”), educational leadership, or other related field (master’s degree considered with extensive experience).

(2) Minimum 10 years of experience working with individuals with ASD; at least 5 years in a supervisory role in an education setting, as well as experience in program evaluation.

(3) Graduate-level training in evidence-based practices in curriculum, instruction, and behavioral support such as ABA.

(4) Experience planning or leading skill development, as well as implementation of evidence-based practices in educational settings for individuals with ASD.

(5) Successful experience leading the development and implementation of a structured staff and parent professional development program (academic, behavioral, and social-emotional learning).

(6) Knowledge and experience with implementation of evidence-based practice; at least 5 years of experience providing consultation to all school staff, and experience with program development in a school setting (public school preferred).

The Department may include other desirable preferences as needed.

(d) The Department shall pay the Director a salary in an amount for which the Director 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. The Director’s salary, including “years of experience,” shall be determined in accordance with rules and regulations adopted by the Department with the approval of the State Board of Education.

(e) The Department must provide training and technical assistance for all public schools by doing all of the following:

(1) Identifying and promoting evidence-based practices specific to the education of students with an educational classification of ASD supported by the most current research or by expert consensus.

(2) Supporting statewide implementation of evidence-based practices by providing leadership, training, and technical assistance to educators and related service providers who work with students with an educational classification of ASD.

(3) Assisting districts and charter schools with systemwide implementation of training, coaching, and technical assistance in all public schools, for students from birth to age 22 with an educational classification of ASD.

(4) Overseeing and coordinating contracts and professional staff responsible for delivering ASD-related training, coaching, and technical assistance, including specialists employed or contracted under this section.

(5) Consulting and collaborating with stakeholders on policies, programming, curriculum, and initiatives that impact students with an educational classification of ASD, ensuring alignment with current research and state priorities.

(6) Serving as the primary liaison between the Department and other state agencies, committees, advisory groups, and community programs on matters related to educational programming for students with an educational classification of ASD.

(7) Employing 5 training specialists as follows:

a. “Training specialists” must include qualified speech-language pathologists, behavior analysts, and other personnel with expertise in evidence-based instruction for people with ASD in classroom, community, and home-based consultation.

b. Training specialists must serve public school districts and school teams as well as community teams and families.

c. A training specialist must have a master’s degree and 3 years of experience working with students with an educational classification of Asd.

d. The duties of a training specialist include providing training and technical assistance for staff working with students with an educational classification of ASD, including classroom consultation; plan development and performance feedback; parent training; and providing training for regular education staff on ASD and evidence-based strategies for inclusion practices.

(8) Purchasing specialized services, as appropriate, instead of hiring staff to provide the education and training required under this section.

(9) Collecting and analyzing data to assess the statewide program needs to include additional training specialists under this section and submitting findings and recommendations every 3 years, with the first submission due on October 1, 2028, to the Education Committees of the General Assembly and making the report available on the Department website.

(f) The Department, with the approval of the State Board of Education, shall adopt such rules and regulations to establish and provide for the following committees:

(1) Peer Review Committee (“PRC”) that must review educational procedures and programming for students with an educational classification of ASD.

(2) Statewide Monitoring Review Board (“SMRB”), composed of no less than 7 members, including 2 nonvoting public representatives determined annually by the Department.

a. Annually, the SMRB shall evaluate whether the educational methods and curricula are consistent with evidence-based practices for students with an education classification of ASD, including reviewing and making recommendations on proposed new practices throughout all public schools to ensure opportunities for meaningful and measurable progress and inclusion, as appropriate, are afforded to all such students with an educational classification of ASD.

b. The SMRB shall review data from annual reviews conducted by the Department on educational programming for students with a primary educational classification of ASD throughout all public schools and make recommendations based on its findings to include data measuring these specific recommendations and suggestions for corrective action to ensure consistent quality and equity of services throughout this State.

c. The Department in collaboration with the SMRB shall submit its findings and recommendations, at least annually, to the Education Committees of the General Assembly and make the report available on the Department website.

d. If a public school is found to be out of compliance with the specific recommendations made under this section, the Department and the Director must allow the public school the opportunity for technical assistance and progressive implementation of a corrective action plan for improvement agreed upon by the school and the Director.

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;  81 Del. Laws, c. 395, § 1;  82 Del. Laws, c. 85, § 40;  85 Del. Laws, c. 384, § 1;