Synopsis:

H.B. 21 would change the eligibility standards for parole or sentence modification for prison inmates who have been required to complete their education by a Delaware court or Department of Corrections policy. The legislation would add the Diploma of Alternate Achievement Standards – which Delaware students earn by completing their IEPs – to the list of credentials that satisfy the requirement, which currently includes only standard high school diplomas and GEDs. H.B. 21 supporters argue that the current system functionally denies some inmates with disabilities opportunities available to those without disabilities. However, there are several logistical challenges that might limit the scope of the bill in its current form. An IEP “expires” when an individual turns 21 years old, meaning older inmates who had IEPs during their school years would seemingly not qualify for parole or sentence reduction. It is also unclear how H.B. 21 would affect inmates with Section 504 plans – documents like IEPs for children with different needs. Rep. Briggs King introduced a similar bill in the previous General Assembly, but it did not get a vote before the House.

Supporters:

Reps. Briggs King (R), Collins (R), Dorsey Walker (D), Kowalko (D), Osienski (D); Sens. Cloutier (R), Sokola (D); Delaware Board of Parole Chairperson Dave Henderson, Governor’s Advisory Council for Exceptional Citizens.

Opponents:

While the State Council for Persons with Disabilities describes H.B. 21’s intent as “laudable,” it cautions that “this bill will leave many, if not most, of the affected inmates no better off than they are now.”.

Links to Additional Resources: