COMMITTEES

EARL G. JAQUES, JR.

STATE REPRESENTATIVE
Twenty-Seventh District

HOUSE OF REPRESENTATIVES
STATE OF DELAWARE

Education, Chair
Veterans Affairs, Chair
Health & Human Development
Labor
Transportation/Land Use and
Infrastructure

LEGISLATIVE HALL
DOVER, DELAWARE 19901

Education Committee Meeting Minutes

3.18.15
Chair Jaques called the meeting to order at 2:39 p.m. Committee members present included Reps.
Jaques, Williams, Barbieri, Heffernan, Matthews, Bolden, Osienski, Potter, Lynn, Ramone, Dukes,
Kenton, Miro, and Hensley. Non-committee members Reps. Spiegelman, Kowalko, and Collins were
also in attendance. For a list of all individuals present, please see attendance the list below.
Rep. Spiegelman introduced HB 34 W/ HA 1, AN ACT TO AMEND TITLE 14 OF THE
DELAWARE CODE RELATING TO DEPARTMENT OF EDUCATION; WHEREAS,
AMMENDMENT DEFINES THE TERM ADMINISTRATIVE PROCEDURE. Rep.
Spiegelman explained that he engaged Delaware school boards and superintendents who requested more
control over the implementation of rules, regulations and procedures during a school year, when those
rules, regulations and procedures could disrupt the teaching ability of schools and how the
administration goes about conducting business. Rep. Spiegelman said that this bill allows a school board
to delay new or changed rules, regulations or administrative procedures from becoming effective during
a school year once the school year has started. He added that the definitions of rule, regulation and
administrative procedure are already located in the Delaware Code.
Chair Jaques opened the floor to members of the committee to ask questions, seeing none he opened the
floor to non-committee members and guests.
Donna Johnson, Delaware State Board of Education (SBE), was concerned over this bills
implementation. She stated that SBE does not pass regulations that must be implemented mid-year or in
a drastic fashion. She also was concerned if the scenario arose where the General Assembly passed a law
that required the Delaware Department of Education (DDOE) to promulgate a rule with a mid-year
implementation date and a local school board could waive that implementation and cause inconsistency.
Rep. Spiegelman claimed that any mid-year rule changes from the Delaware General Assembly could
supersede this law and that he is willing to work with SBE to create language that would be acceptable.
Ms. Johnson further elaborated that she fears this bill will create a precedent with other local governance
agencies to delay rule implementation from another policymaking body.
Susan Haberstroh, Delaware Department of Education (DDOE), said DDOE has concerns over the way
the bill was written. She also said that DDOE does not like to change regulations mid-year for schools
and districts. DDOE was concerned over the scope of the bill.

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Rep. Spiegelman clarified that the intention of the bill was to combat certain scenarios. He gave the
example of immunization. He said if an immunization regulation came down from DDOE and a school
district says it is not possible to implement mid-year, it would allow them additional time. Whereas,
other school districts may be able to implement the regulation immediately.
Ms. Haberstroh asked for a definition of school year.
Rep. Spiegelman asked if DDOE would be more comfortable if the bill explicitly defined school year.
Ms. Johnson said some schools offer summer classes, a balanced calendar, and year round classes. She
said it would be more prudent to discuss this bill in terms of a fiscal year. She also noted that SBE does
not want a local board to delay implementation of a federal rule, regulation or administrative procedure.
Chair Jaques requested that Rep. Spiegelman table the bill and work with SBE and DDOE to craft more
acceptable language.
Rep. Spiegelman was concerned that DDOE was just now bringing about concerns for this bill. He was
disappointed that these issues were just now being discussed. He agreed to move to table the bill.
A motion was made by Rep. Dukes and seconded by Rep. Heffernan to table HB 34 w/ HA 1. Motion
carried with all in favor.
Chair Jaques introduced HB 12, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE
RELATING TO SCHOOL NURSES. Chair Jaques, sponsor of the bill, explained the bill seeks to
ensure every public school in Delaware has a nurse. The bill allows for a match-tax to be utilized by
districts to help pay for the costs associated with hiring a nurse, in addition to receiving state funds.
Chair Jaques explained that this bill has a fiscal note and, if released, would be sent to the
Appropriations Committee and no action will be taken until the appropriations committee takes action.
He also added that this bill was filed in the 147th General Assembly.
Rep. Williams asked if local funds would be contributed to the addition of a nurse.
Chair Jaques said a match-tax would be utilized and asked Rep. Heffernan and Mike Jackson, Office of
the Controller General, to explain how a match-tax works.
Rep. Heffernan explained that a match-tax is a way for local districts to raise their local share of the
money without going to a referendum and some match-taxes currently exist in Delaware, i.e. technology
and tuition.
Mr. Jackson agreed with the explanation given by Rep. Heffernan.
Rep. Collins said that Delaware is entering into extremely difficult financial times and that this bill is
very costly.
Chair Jaques opened the floor to questions and comments from representatives and guests.

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Kristin Dwyer, Delaware State Education Association (DSEA), said that the Delaware School Nurses
Association asked her to speak in support of the bill, as they did last year.
Rep. Osienski asked how nurses are currently funded in traditional Delaware public schools.
Mr. Jackson said nurses are currently funded with a formula that requires a certain state-share and that
the district matches that funding.
Rep. Osienski asked why this bill moves from the traditional funding type to a match-tax method.
Chair Jaques explained that a match-tax method allows for increased state funding and puts less of a
burden on local districts. He also added that some districts have nurses who bounce between two or
three buildings at a time and that is unacceptable.
Rep. Osienski agreed that the safety of children is a priority. He assumed that the traditional method is
not adequate for ensuring all public schools have a nurse.
Rep. Heffernan said she supports the bill and explained that some Delaware schools do not have enough
units to generate state funding for a school nurse; this bill would change that.
Rep. Lynn said, as a former teacher, that he recalls the role school nurses play in the classroom and
emergency situations. He said that having the necessary staff in the building is invaluable. He said he
supports this bill.
Rep. Williams asked how charters would fund the implementation of this bill.
Mr. Jackson said that charter schools do not have taxing authority and the sending districts would be
responsible for providing the funding.
Rep. Hensley asked how many schools in Delaware are currently without a nurse.
Chair Jaques did not know that number of the top of his head.
Rep. Barbieri said that there is a need for nurses in school, as well as behavioral health specialists. He
said that Delaware should be implementing comprehensive changes that create an environment of
wellness in the schools.
Rep. Kenton asked what the cost is of a typical school nurse.
Mr. Jackson said the full cost is approximately $65,000 and the state-share of that is $41,000.
Rep. Miro said that school nurses are the first line of defense when there is potential for an illness. Also,
he said nurses might discover family issues at home, malnutrition or abuse.
Kevin Carson, Delaware Association of School Administrators (DASA), said he is in favor of the bill.

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Drew Serres, Delaware ADA, said he is in favor of the bill.

A motion was made by Rep. Lynn and seconded by Rep. Miro to release the bill from committee.
Motion carried. Yes 10 (Jaques, Williams, Barbieri, Heffernan, Osienski, Lynn, Dukes, Kenton,
Miro, Hensley); No 0; Absent 4 (Bolden, Matthews, Potter, Ramone). HB 12 was reported out of
committee with an F=1, M=9, U=0 vote.
Chair Jaques introduced HB 14, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE
RELATING TO SCHOOL PROPERTY AND HEALTH AND SAFETY REQUIREMENTS.
Chair Jaques, sponsor of the bill, explained the bill is a public school safety measure that requires all
classroom doors be equipped with a lock that can be locked from either side of the door. He said that
locking a door from the inside of the classroom would better preclude a school intruder from entering
that classroom. Chair Jaques said he and Rep. Miro have spoken with lock companies any many options
are available. He said this bill has a fiscal note.
Rep. Kenton asked if this bill is an unfunded mandate for schools.
Chair Jaques explained that this bill is entirely state-paid.
Rep. Heffernan said that the Department of Safety and Homeland Security (DSHS) has a school security
plan and she would like to know if that department thinks this is the best way to spend the money to
make our schools safe.
Chair Jaques said that DSHS has a made a school safety plan and trained schools; however, it does not
have the necessary resources. This plan allocates resources for that plan.
Rep. Heffernan said that there are so many necessary things needed for school safety and she is unsure if
this concern rates higher than another concern from DSHS.
Rep. Osienski said he has concerns without seeing a report from DSHS requesting these locks. He also
noted that no place is immune to random acts of violence and that those wanting to do harm could carry
a tool to pop the lock or shoot through the lock.
Chair Jaques said this plan has been run through the Fire Marshalls office and has been approved.
Rep. Miro reminded the committee that the study was done and this legislation needs to get out of
committee and sent to the appropriations committee. He also said that if federal money becomes
available, the state will take advantage of it.
Rep. Collins said he did not know what would keep a bad person from using these locks to lock
themselves in with children and the teacher.
Chair Jaques opened the floor to all representatives and guests.

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Kristin Dwyer, DSEA, said she is in support of the bill and as a necessity for teachers. She said teachers
focus on planning, preparation, and practice of emergencies. She said that the fact that a teacher has to
step out of a classroom in a situation makes our members very uneasy.
Kevin Carson, DASA, said he is conceptually in favor; however, he would like a continued conversation
on school safety.
Sergeant Darren Lester, Delaware State Police (DSP), said he has no objections to this bill and that the
locks available are very diverse. He said DSHS will be involved in the selection of the appropriate locks.
Rep. Williams said a teacher stepping out of their classroom to lock doors presents a problem. She said
teachers work very late and this is a safety concern that carries on beyond the standard school day. She
said she is in support of this bill.
A motion was made by Rep. Dukes and seconded by Rep. Miro to release the bill from committee.
Motion carried. Yes 5 (Jaques, Williams, Hensley, Dukes, Miro); No 3 (Barbieri, Heffernan,
Osienski); Absent 6 (Bolden, Matthews, Potter, Ramone, Lynn, Kenton,). HB 14 was reported out of
committee with an F=1, M=8, U=0 vote.
Chair Jaques explained that HB 55 was removed from the meetings agenda.
Chair Jaques adjourned the meeting at 3:21 p.m.
Respectfully submitted,
Mark Rucci, Legislative Fellow

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Education Committee Meeting

Attendance List 3.18.15
1. Kristin Dwyer, Delaware State Education Association
2. Neil Kirschling, Rodel Foundation of Delaware
3. Ron Russo, Caesar Rodney Institute
4. Donna Johnson, Delaware State Board of Education
5. Cerron Cade, Office of Governor Jack Markell
6. Drew Serres, Delaware ADA
7. Dusty Blakey, Colonial School District
8. Susan Haberstroh, Delaware Department of Education
9. Mike Jackson, Officer of the Delaware Controller General
10. Damian DeStefano, Office of Governor Jack Markell
11. Susan Meany, Delaware ADA
12. Kim Gomes, The Byrd Group LLC
13. Kevin Carson, Delaware Association of School Administrators
14. Jordan Seemans, Ruggiero Wilson
15. Drew Fennell, Office of Governor Jack Markell
16. Sgt. Darren Lester, Delaware State Police

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us