The Overview

Under the federal Individuals with Disabilities Education Act (IDEA), public schools must provide a free appropriate public education to students with disabilities, including autism, and disputes over individualized education programs for students with ASD are among the most frequently litigated special education cases. Delaware’s HB 309 updates oversight of the state’s autism program in schools, aligning state law with Department of Education practices after the program’s 2023 transfer. The bill also updates statewide monitoring language, adds data-reporting requirements, and opens a seat on the Statewide Monitoring Review Board to a parent representative. [](#ngr-2f294abf-2645-41cb-b8e0-1f1c14ceb5d7)

The DOE told the Senate Education Committee that Applied Behavior Analysis (ABA) principles are foundational to the instruction model embedded in the bill. Consolidating autism program administration within a state's Department of Education is a recognized approach to improving coordination with school-based teams and aligning services with federal special education law.

The Demo

Delaware has a total population of about 1.02 million, with roughly 14.1 percent of Delaware residents claiming a disability, and 10.4 percent fall below the poverty line. Because autism is now one of the most common disability categories served under IDEA, and because per-pupil special education costs for students with ASD can run two to three times higher than for general education students, the structure of Delaware's program has direct consequences for families and school budgets statewide.

The Debate

The Delaware House passed HB 309 on April 21, 2026, by a vote of 38 yes, zero no, and three absent. A floor amendment, House Amendment 1 (HA 1), passed the same day by voice vote, adding the reporting requirements and updated monitoring language. The Senate passed the bill June 30, 2026, with 21 yes votes. The combined chamber tallies show no recorded opposition votes. No opposition statements from lawmakers appeared in available coverage of the bill.

A federal proposal, H.R. 6932, the IDEAL Act, would redirect unobligated fiscal year 2026 Department of Education funds to states for IDEA special education services through fiscal year 2029, provided baseline IDEA funding remains at least equivalent to 2025 levels.

---

AllCiv makes it easy to stay politically informed and involved.

---

Spot something wrong? Report an issue with this article