Education Investments

This settlement to the education funding litigation with Delawareans for Educational Opportunity and NAACP Delaware State Conference of Branches represents a historic investment in disadvantaged students.

Settlement: This settlement to the education funding litigation with Delawareans for Educational Opportunity and NAACP Delaware State Conference of Branches represents a historic investment in disadvantaged students. While the terms below have been agreed to by the parties involved in the suit, these terms must be approved by the General Assembly. The changes below are a combination of budgetary investments and code changes, both of which must be approved by the General Assembly.

Opportunity Funding

Opportunity Funding will be permanent and grow to $60 million annually by FY 2025.

FY 22: $35 million
FY 23: $35 million
FY 24: $50 million
FY 25: $60 million (could be close to $80 million with local matches) and grows with enrollment. The low-income and EL allocation per-pupil will be equal by FY 2025, and if a student is both low-income and EL, they will generate both allocations. Ninety-eight percent of the funding generated will go to the school earning it, unless a school board votes to reallocate funding (district-wide supports, focus on certain high needs schools).

Special Education K-3

Bring the K-3 basic special education funding structure in line with that of grades 4-12 by the 2023-2024 school year.

Early Childhood Funding

Beginning in FY 2024, the state will double the amount of funding dedicated to the Early Childhood Assistance Program (ECAP) from $6.1 million to $12.2 million.

Recruitment and Retention of Educators in High Needs Schools

Starting in FY 2023, the state will invest an additional $4 million annually towards initiatives to recruit and retain educators in high needs schools.

County Ombudsperson Program

The state will contract with a non-state entity to create an education ombudsperson program in each county. The ombudspersons will provide intervention with LEAs regarding disparate discipline, inequitable access to school programs, and otherwise different/unfair treatment of students.

Certificate of Necessity Change

Each Certificate of Necessity must include an additional equity statement that details how the capital improvement will support disadvantaged students.

Disclaimer: This information is provided for informational purposes only and should not be construed as legal advice or legal interpretation.

Holistic Funding Assessment

Due to be published in January of 2024, the state will contract out for a third-party holistic assessment of school finances in Delaware.

Disclaimer: This information is provided for informational purposes only and should not be construed as legal advice or legal interpretation.