Governor Signs Bill Protecting Educational Rights of Children With Disabilities

Advocates for Children With Disabilities Praise Bill's Passage

For Immediate Release: Thursday, June 17, 2010

Dover - Governor Jack Markell signed legislation today that will ensure that children with disabilities are provided the educational support to which they are entitled by local school districts. At a signing ceremony for the legislation, the Governor thanked the bill's authors, Lieutenant Governor Matt Denn, Representative Quinn Johnson, and Senator David Sokola, for their work in fighting for children with disabilities.

The passage of the legislation, House Bill 328, was praised by advocates for children with disabilities as an important step forward in ensuring that students with disabilities receive the services they need and to which they are entitled. The advocates also thanked Governor Markell for bringing attention to the rights of students with disabilities by holding a signing ceremony for the legislation during a busy legislative session.

House Bill 328 will require Delaware schools to provide special education services to students with disabilities that are individualized to the needs of the student, provide significant learning to the student, and confer meaningful benefit on the student that is gauged to that student's potential. The legislation also bars all state entities from using language in dealing with parents that suggests that students are entitled to any benefits less than those enumerated in the bill.

Lieutenant Governor Matt Denn, whose office is focused on advocacy for children, said "This bill will send a clear, unequivocal message to our school districts that children with disabilities have the same right to learn, the same right to fulfill their potential, as other students."

Representative Quinn Johnson, whose son and wife attended the press conference with him, said "We must raise the bar of standards for these children. By raising the bar and ensuring that in fact all children are receiving a world-class education, we will be ensuring that more students with special needs will graduate and will be productive, taxpaying citizens of our society. These individuals will be citizens that are less likely to need financial assistance and state or federal services. It is our responsibility, as stated in the mission statements of school districts, to provide an education that does not limit students' ability to achieve success and allows them to meet their full potential."

"We should actively work against double standards in education that leave the handicapped at a disadvantage," said Sen. David Sokola, D-Newark North, the bill's Senate sponsor. "But that's especially true in today's increasingly competitive global economy where we need to make sure that everyone is maximizing their potential."

"You are all truly trailblazers and on behalf of the GACEC I want to thank you for your support on House Bill 328. Although many schools are doing the right thing some are not and this bill will make our advocacy and the advocacy of parents easier," stated Wendy Strauss of the Governor's Advisory Council of Exceptional Citizens.

Pat Maichle, executive director of the Delaware Disabilities Council, called the bill an important step forward for children with disabilities. "From the right to live in an accessible community without restraints and abuse, to the right to be gainfully employed and a contributing member of our society, to the right to a free appropriate education that truly prepares them for a productive adult life. Equal is what we expect. Equal is our right. Equal is what we will get. The Lt. Governor, Senator Sokola, and Representative Johnson are to be commended for sponsoring this bill. The developmental disabilities council strongly supports this change. It's about time!"

"School was not easy, and I worked hard and needed help a lot. We had many meetings to talk about what I needed and we had to fight all the time to get the school to help me," said Tara Fletcher, High School graduate. "All kids should go to school and be happy and graduate. Thank you for signing House Bill 328 to make this happen."

"House Bill 328 opens the door of opportunity for me to walk through. With hard work, teachers who teach me the way I learn and the belief that I can give back to society, kids like me will have a fair shot at a good life," said Chris Coulston, and 8th grade student. "Thank you, Lt. Governor Denn, Representative Johnson, and Senator Sokoloa for leading us to this day. You've helped a lot of students in the state of Delaware."