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SPONSOR: Rep. Wilson & Sen. Hocker;

Reps. Briggs King, Gray, Outten, Jaques, Paradee; Sens. Marshall,
Richardson, Simpson

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HOUSE OF REPRESENTATIVES
148th GENERAL ASSEMBLY
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HOUSE BILL NO. 229
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL CHOICE.

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6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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Section 1. Amend Chapter 4, Title 14 of the Delaware Code by making deletions as shown by strike through and
9insertions as shown by underline as follows:
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405 Criteria for approval or disapproval

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(b)Prior to the applicable application deadline established in 403(a) of this title, each receiving district shall

12adopt and make available a policy establishing criteria for acceptance or rejection of applications and setting priorities for
13acceptances consistent with this section. Such criteria shall be reasonably related to the nature of the program or school for
14which the application is submitted and may not differ from the criteria used for acceptance or rejection of applications
15submitted by parents of children residing in the attendance zone of the school, if applicable, except that a district shall give
16priority to the following categories of students in the order listed:
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(1)First, to returning students who continue to meet the requirements for the program or school,
including students graduating from 1 school to another within a single program;

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(2)Second, to students who meet the requirements for the program or school and who seek to attend
based upon the residence of the student's parent within the designated feeder pattern, if any, for the school; and

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(3) Third, to students who have a permanent medical condition or disability that is accompanied with an

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ongoing risk of a medical emergency who are seeking enrollment in the school based upon the ability of the

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students parents, guardian, relatives or designated caregivers to respond to an emergency.

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(3)(4)Third Fourth, to the siblings of students already enrolled in the school who will be returning to the

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school for the following academic year, provided that any siblings seeking priority under this paragraph meet the

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requirements for the program or school. Priority may be given to siblings of students who live in the district over

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siblings of students who do not live in the district.

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In addition to the above, a receiving district may next give priority to students who have designated the

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program or school as a first, second, or third choice; to students who live within the district; and to children of

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school employees; as long as they otherwise meet the criteria of the program or school. After a receiving district

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has admitted all qualifying students consistent with the criteria in this subsection, the receiving district shall use a

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lottery process to admit additional students and generate a ranked waiting list. The Department may verify the

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randomness of the lottery process.

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SYNOPSIS

Under the current School Choice program, there are certain students who may receive priority consideration for
enrollment in the school of their choice. This Bill adds a new priority consideration for students who have a medical
condition or disability that carries an ongoing risk of a sudden medical emergency. If the parent, relative, guardian or
caregiver can demonstrate that they would be able to respond quicker to an emergency at the selected school, the student
will receive a priority consideration.
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