SCPD POLICY AND LAW COMMITTEE MEETING MINUTES

MAY 14, 2015 – 9:30 AM

GOVERNMENT SUPPORT SERVICES - DOVER, DE

Present: Brian Hartman, DLP; Daniese McMullin-Powell, SCPD Chair (Committee Co-Chair); Bob Osgood, Parent (Committee Co-Chair); Jamie Wolfe, SCPD Vice-Chair; Jocelyn Langrehr, DVI; Wendy Strauss, GACEC; Ray Brouillette, Easter Seals; Chris Long, DDDS; Pat Maichle, DDC; William Payne, GACAAPD; Moni Edgar, UCP; Kyle Hodges, SCPD Director

Absent: Steve Perales, DSCYF/PBHS; Marge Turner, DSAAPD; Karen Lazar, Ombudsman’s Office; Debra Veenema, MS Society; Jamie Wolfe, CDS; Linda Heller, SCPD; Alex Eldreth, Autism DE; Deb Bradl, DVR; Nick Fina, SCPD;

Guest: Michael Harris

CALL TO ORDER

Daniese McMullin-Powell called the meeting to order at 9:40 AM.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

APPROVAL OF MINUTES

The April 2015 meeting minutes were approved as submitted.

REVIEW OF LEGISLATION, REGULATIONS AND POLICIES

1. DOE Final Evaluation, Eligibility & IEP Reg. [18 DE Reg. 861 (5/1/15) – It was agreed no further action was needed.

2. DOE Final Extended School Year Reg. [18 DE Reg. 859 (5/1/15)] – It was agreed no further action was needed.

3. DOE Prop. Gifted or Talented Education Plan Reg. [18 DE Reg. 836 (5/1/15)] – Motion was made, seconded and approved for SCPD to share observations with DOE consistent with Brian’s memo.

4. DMMA Prop. Medicaid Plan Drug Rebate Regulation [18 DE Reg. 838 (5/1/15)] - Motion was made, seconded and approved for SCPD to endorse the regulation consistent with Brian’s memo.

5. DOE Proposed Vaccination Regulation [18 DE Reg. 832 (5/1/15)] – A recommendation was made that the DOE and/or DPH may wish to consult with DMMA to ensure that the listed immunizations and schedules are covered by Medicaid. Motion was made, seconded and approved for SCPD to endorse the concept of the regulation consistent with Brian’s memo and the aforementioned recommendation.

6. DOE Proposed Administrator Evaluation System (DPAS II), 18 DE Reg. 828 (5/1/15)] – Motion was made, seconded and approved for SCPD to share the observations consistent with Brian’s memo.

7. DOE Proposed Teacher Appraisal Regulation [18 DE Reg. 817 (5/1/15)] - Motion was made, seconded and approved for SCPD to share the observations consistent with Brian’s memo.

8. DOE Proposed Specialist Appraisal Regulation [18 DE Reg. 823 (5/1/15)] - Motion was made, seconded and approved for SCPD to share the observations consistent with Brian’s memo.

9. H.B. No. 117 (Low-Income Student Unit Funding) – It was agreed not to endorse the bill, but note that SCPD believes the basic concept underlying the proposed legislation is well-intentioned. However, Council has significant concerns based on the following observations……then list the observations consistent with Brian’s memo. The letter will be distributed to the sponsors and co-sponsors of the proposed legislation. It will be copied to OMB, the Controller General’s Office and Attorney General Denn. Motion was made, seconded and approved for SCPD to share its observations with the sponsors and co-sponsors of H.B. 117.

10. H.B. No. 116 (DSCY&F Education System) - Motion was made, seconded and approved for SCPD to endorse the bill consistent with Brian’s memo.

11. H.B. No. 111 (Administration of Medications) – Much discussion occurred with the bill. It was agreed to add the following observations and/or “strategy”:

·  SCPD previously provided preliminary comments via email on May 6th and received a response from the Division of Profession Regulation (DPR) on May 7th. While SCPD appreciates DPRs response, Council reviewed the bill again at its May 14th Policy and Law meeting and still has concerns with the proposed legislation consistent with the following observations.

·  SCPD believes the bill should incorporate cross-disability based provisions given the Americans with Disabilities Act (ADA), Olmstead decision and Governor Markell’s community-based and employment initiatives.

·  SCPD would appreciate receiving a copy of any draft amendment for review prior to introduction.

·  The letter should be sent only to Rep. Barbieri with a copy to Sen. Hall-Long, Board of Nursing, DOE, DPR and the appropriate DHSS Divisions.

Motion was made, seconded and approved to share the observations consistent with Brian’s observations and the aforementioned comments. The motion passed with 5 agreed (Moni, Bob, Pat, Wendy, Jamie), 3 opposed (Ray, Brian, Chris) and 1 abstained (Bill).

12. H.B. No. 105 (Absentee Ballots) – Motion was made, seconded and approved for SCPD to endorse the bill consistent with Brian’s observations.

Brian noted that there is draft legislation (55 pages) which would revamp the long-term care laws. He highlighted the “discharge” section which is problematic. DLP has provided comments to Sen. Marshall and DLTCRP.

LEGISLATIVE UPDATE

Kyle provided updates on HB 110 (passed House with Amendment); HB 119 (passed House); Accessible Parking legislation (Senator Poore has agreed to sponsor); Source of Income (draft bill has been provided to Rep. Johnson which would exclude vouchers and the Delaware Apartment Association is reviewing); DMOST (HB 64 has passed Senate); concussion draft legislation (rough draft developed by Kyle and Jane Crowley with AI provided to Brian).

OTHER BUSINESS

Michael Harris is a parent of a child with a disability. He reported that his child is transitioning from DOE (IEP) to an ELP program with DDDS. He explained the current situation and is trying to navigate this transition. He is looking for information and/or clarification on some issues. Ray and Chris will investigate the issues with their organizations and follow-up as needed.

ADJOURNMENT

The meeting was adjourned at Noon.

Respectfully submitted,

Kyle Hodges

SCPD Director

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