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passed · Delaware · Senate Jun 23, 2023

SB 163: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.

This bill updates the State’s charter school law to codify the original intent of charter schools to encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community. The substitute bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14 and provides for the ability to hire the leaders and staff that they deem beneficial to the success of the school’s educational program and the needs of students and staff. There are multiple pathways that people can travel to get to their administrative positions and all of their experiences on their journey are beneficial to the education and success of Delaware’s children. To that end, the substitute bill also defines “Instructional Administrator” at a charter school and the necessary experience and education required. It also directs the Department of Education to work with the Professional Standards Board and the Delaware Charter Schools Network to provide for the implementation of regulations for current and future Instructional Administrators in accordance with this bill. This will require modifications to Regulation 1596 Charter School Leader to make corresponding changes to align with the substitute bill if passed and signed into law. The Department of Education will also work with the Charter Schools Network to develop a “qualified alternative certification program” to provide flexibility for charter schools to hire Instructional Administrators working towards the required licensure and certification.
Pete Schwartzkopf (D) Dave Sokola (D) Sean Lynn (D) Jack Walsh (D) Mike Ramone (R)
passed both · Delaware · Senate Jun 22, 2023

SCR 88: EXTENDING HEARTFELT BEST WISHES TO THE MEMBERS OF THE DELAWARE STATE BAR ASSOCIATION, AS THAT VENERABLE ORGANIZATION CELEBRATES THE 100TH ANNIVERSARY OF ITS ESTABLISHMENT AS A MODERN STATE BAR ASSOCIATION.

This Senate Concurrent Resolution extends heartfelt congratulations and best wishes to members of the Delaware State Bar Association on the occasion of the 100th Anniversary of the establishment of the modern bar association in 1923.
Nicole Poore (D) Sean Lynn (D) Kyle Gay (D) Bryan Townsend (D) Sean Matthews (D)
signed · Delaware · House Jun 22, 2023

HB 33: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FUNDING FOR PREKINDERGARTEN SPECIAL EDUCATION.

This Act increases funding for preschool children with disabilities who are not counted in either "intensive" or "complex" special education units by revising the current ratio of 12.8 students per unit to 8.4 students per unit for preschool children included in the basic unit count. This is the same ratio in effect as of July 1, 2023, for K-3 basic special education. The Act also consolidates the K-3 Basic Special Education Unit with the 4-12 Basic Special Education Unit as the ratio is the same for each group as of July 1, 2023. This substitute bill is different from original HB33 in that it omits the “Preschool 2 Basic Special Education Unit.” The preschool funding change is effective July 1, 2023.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Sarah McBride (D)
in committee · Delaware · House Jun 22, 2023

HB 246: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ESTABLISHING UNIFORM MINIMUM RIPARIAN BUFFER AREAS.

Currently each county has its own riparian buffer requirements. The intent of this Act is to make minimum riparian buffer areas uniform throughout the State in unincorporated areas and incorporated municipalities that do not hold a Municipal Separate Storm Sewer System(“MS4”) permit. This Act creates a new Chapter 10A of Title 9 which sets forth the following minimum riparian buffer areas: (1) 300 feet to the streamline, as defined by the mean high water line, of any tidal water body, tidal steam or tidal marsh; (2) 300 feet to the shoreline, as defined by the mean highwater line, of any nontidal freshwater body, lake, pond, or blue-line stream; and (3) 50 feet to the shoreline or top of bank, as defined by a greater than 50% change in slope in a distance of less than 10 feet of any non-blueline stream, creek or drainage ditch. The Act sets forth permitted uses not subject to the minimum buffer requirements. The Act requires the 3 Counties to adopt substantive and technical rules and regulations to implement the minimum riparian buffer areas and establish rules for specified uses. The Act requires all 3 Counties, by June 30, 2024 to amend their land use laws by adopting the minimum riparian buffer areas and adopting rules and regulations. The Act permits the Planning and Land Use Departments, in conjunction with the County Planning Directors, to create a coordinated program that educates and trains the public about the requirements of this Act. This Act takes effect on June 30, 2024.
Sophie Phillips (D) Val Longhurst (D) Russ Huxtable (D)
passed · Delaware · House Jun 22, 2023

HB 224: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEFINITIONS FOR THE DELAWARE CRIMINAL CODE.

This Act is a substitute for House Bill No. 224. Like House Bill No. 224, this Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by more closely aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3). This Act differs from House Bill No. 224 in that it makes additional changes to the definition of “firearm” to further align it with the definition of “firearm” used in the federal criminal background check law, by doing the following: (1) Using “means” instead of “includes”. (2) Including that a weapon is a firearm if it may readily be converted to discharge a shot by an explosive force. (3) Adding frame or receiver of a firearm.
Frank Cooke (D) Rich Collins (R) Sarah McBride (D) Bill Carson (D) Stell Selby (D)
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