Delaware Bills

signed · Delaware · Senate Sep 8, 2022

SB 278: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE 9/11 REMEMBRANCE FLAG.

This substitute bill makes a technical correction to the bill.

Stephanie Hansen (D) Kevin Hensley (R) · 34 co-sponsors

signed · Delaware · Senate Aug 30, 2022

SB 277: AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO DENTISTRY AND DENTAL HYGIENE.

This Act increases opportunities for federally qualified health centers (“FQHC”) and government-operated dental clinics to serve the indigent and other underserved communities with dental care and improves flexibility with updated provisional licensing processes for FQHC and government-operated dental clinic applicants. This Act assists FQHCs and government-operated dental clinics in recruiting dentists to serve those most in need. This Act adds FQHCs to the Delaware Institute for Dental Education and Research Board. This Act creates the Dental Care Access Task Force (“Task Force”) to examine and recommend a course of action to address all of the following: (1) Dental care access, including for underserved populations and communities. (2) Dental licensure practices and requirements. (3) Dental provider type and scope of practice. (4) Dental provider recruitment and retention strategies. (5) Dental insurance networks and coverage, including for the uninsured and underinsured. The Task Force must submit its report no later than February 1, 2023. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Aug 30, 2022

HB 375: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE RACIAL EQUITY CONSORTIUM.

This Act establishes the Racial Equity Consortium (“Consortium”) for the purposes of studying and making recommendations to address the disparities and inequities faced by persons of color in this State. The African American Task Force, established by Senate Bill No. 260 of the 150th General Assembly (§ 39 of Chapter 243 of Volume 82 of the Laws of Delaware), recommended that the Consortium be established. The Consortium is charged, in part, with working to implement and continuing to study the findings of the Task Force. The Consortium’s membership includes representatives of organizations that are currently working on issues of racial justice to leverage existing resources and efforts, and to promote collaboration.

signed · Delaware · House Aug 30, 2022

HB 447: AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.

This Act implements some of the recommendations of the African American Task Force's Safety and Justice Subcommittee. Specifically, it requires that cases or charges that are more than 7 years old be treated as “resolved in favor of” a child or adult if there is no disposition available for the case and no outstanding warrants. This clarification will prevent errors in record-keeping in the criminal justice system from stopping an otherwise qualified petitioner from obtaining an expungement that may otherwise be available. It will also require old cases for which no outcome is listed to be removed from a person's record if they are more than 7 years old. In addition, this Act allow an individual with multiple violations or misdemeanors in different cases that would be eligible for a mandatory expungement if they had occurred in a single case, and the individual has no other convictions on their record, to apply directly for a discretionary expungement after 5 years have passed from the most recent conviction. The court would then consider the application under its usual “interest of justice” rubric in determining whether to grant the expungement. This saves applications to the pardon board for multiple minor misdemeanors and increases parity between applicants with similar records.

signed · Delaware · House Aug 29, 2022

HB 304: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO READING COMPETENCY.

This Act recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention. The Department is tasked with compiling a list of reading screeners as well as literacy intervention approaches that are aligned with the science of reading that charter schools and districts may use. The Department will take into account the science of reading and evidence-based research in creating the list as well as the alignment of screeners and interventions with a multi-tiered system of support. The Department is also required to consider the burden on schools to administer screeners and the amenability of the screener to being incorporated into ongoing instruction. Charter schools and districts are additionally required to provide the results of each screening to a student’s parent – which may be done by adding it to existing communications such as report cards or progress reports. Finally, charter schools and districts must report, by grade, the number of students in kindergarten through grade 3 determined to have potential reading deficiencies and what intervention approach is being used, as well as the number of students receiving dyslexia specific interventions. The Department of Education is tasked with compiling this information into a report for the General Assembly, the State Board of Education, and the Governor.

signed · Delaware · Senate Aug 29, 2022

SB 195: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MEDIA LITERACY.

The societal implications of technological developments are pervasive, and the reach and influence of digital media platforms continue to expand. Media literacy skills are necessary for citizens to safely, responsibly, and critically consume and use social media and other forms of media. In addition, media literacy education prepares students to make informed civic decisions that affect them, their families, their communities, and the world. This Act requires the Department of Education to develop and maintain evidence-based media literacy standards for use by school districts and charter schools serving students in grades kindergarten through 12. The standards and materials must be age-appropriate and must address appropriate, responsible, and healthy online behavior. This Act is known as "The Digital Citizenship Education Act".

signed · Delaware · Senate Aug 29, 2022

SJR 6: DESIGNATING AUGUST 31, 2022, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE.

This Senate Joint Resolution designates August 31, 2022, as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.

signed · Delaware · Senate Aug 29, 2022

SB 4: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EVIDENCE-BASED READING CURRICULA.

Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials. School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information. The information required in the Department’s report may be consolidated into a single report with the requirements under § 158 of Title 14, if House Bill No. 304 is also enacted this year. Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 also requires that by the beginning of the 2027-2028 school year, school districts and charter schools serving students in grades kindergarten through 3 do all of the following: 1. Adopt a reading instruction curriculum from the Department list. 2. Demonstrate that all educators who teach reading successfully complete professional development aligned with the essential components of evidence-based reading instruction. 3. Identify a school-based supervisory position responsible for assisting with the implementation of the adopted curriculum. Senate Substitute No. 1 for Senate Bill No. 4 differs from Senate Bill No. 4 by doing all of the following: 1. Requires the Department to maintain, on its website, the criteria and rubric used to identify high-quality curriculum. 2. Allows school districts and charter schools to apply to have alternative curriculum that meet these criteria approved. 3. Clarifies the requirements. 4. Adds to the list of positions that are responsible for reading instruction and coaching. 5. Makes technical corrections.

signed · Delaware · Senate Aug 25, 2022

SB 263: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CULTURAL RESOURCE INCENTIVE PROGRAM.

This Act establishes a cultural resources professional scholarship for the purpose of enabling and encouraging academically talented Delawareans to pursue careers as cultural resource professionals. The scholarship is also available to persons already serving in positions with cultural resource agencies, such as the Delaware Division of Historical and Cultural Affairs or with organizations that are institutional members of the Delaware Museum Association, among others, further their education. This scholarship would strengthen Delaware’s ability to both recruit and retain a more diverse workforce and would help the state meet federal credentialing requirements for federally-funded projects. The scholarship is named for the late Lewis M. “Skipper” Purnell, one of Delaware’s leading historical preservationists and husband of Mrs. Matilda “Til” Purnell, a great Delaware environmentalist in her own right. This Substitute Bill differs from the original in that it makes this a scholarship rather than a loan reimbursement program. It is written to be placed in the code after the significant changes to Chapter 34 made by House Bill 480. Because it is designed to exist under the new Delaware Higher Education Office’s role, enactment is contingent on the passage and enactment of HB 480. It also is a different section number than the original bill based on the changes being made to the chapter by HB 480.

signed · Delaware · House Aug 25, 2022

HB 480: AN ACT TO AMEND TITLES 14, 16, 29, AND 30 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR EDUCATION.

This Act amends the Delaware Code relating to financial assistance for education in order to promote and support the state’s high demand career fields and reduce student debt for Delaware residents. The Act clarifies the Delaware Higher Education Office’s role in administering programs. Professional incentive scholarship loan programs will generally be replaced with the career-based scholarship program and the educator support scholarship and mental health services scholarship programs will be established. In addition, a loan repayment program is created for speech-language pathology and mental health professions to attract and retain these professionals in Delaware schools. Career-based and educator support scholarships will be made to Delaware students who intend to pursue careers in specific fields identified as areas of need in Delaware. Academic scholarships will be awarded to Delaware students in memory of elected officials and other distinguished citizens. Need-based scholarships will be awarded to Delaware students so that they will not be denied the opportunity of an education because of financial need. The Act also clarifies the programs that are not administered by the Delaware Higher Education Office. The Education Endowment Fund and the Michael C. Ferguson Achievement Awards will be repealed because they are no longer funded. The Delaware College Investment Plan has been renamed the DE529 Education Savings Plan, and conforming changes are made to other parts of the Code. The Ivyane D. F. Davis Memorial Scholarship program is updated.

signed · Delaware · House Aug 19, 2022

HB 277: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LIABILITY FOR SEXUAL ABUSE OF A CHILD BY AN ADULT EMPLOYEE OF A SCHOOL, ORGANIZATION, OR BUSINESS.

This Act codifies the principle set forth in Doe v. Bicking, 2020 Del. Super. LEXIS 43, *32, 2020 WL 374677 (Del. Super. Jan. 22, 2020) that recognizes that in cases of childhood sexual abuse by an employee of a school, organization, or business that serves or cares for children, the perpetrator often has authority and power over the child victim, which can be enabled by the perpetrator’s position in that institution. If a child is abused while the perpetrator is doing the perpetrator’s job, the employer should be responsible. This Act also changes the standard of culpability from “gross negligence” to “negligence” for public schools in civil claims based on childhood sexual abuse. Children who are sexually abused by private employer employees (e.g. daycare providers, private schools, etc.) have more protection than children abused by their teachers and coaches at public schools. There should be one standard of care that holds schools and businesses equally accountable when their recklessness, inattention, or failure to act causes a student to be sexually abused. This Act seeks to avoid future instances of the result in Bates v. Caesar Rodney Sch. Dist., No. 13, 2021, 2021 Del. LEXIS 315 (Del. Oct. 6, 2021), a case which held that when a student is abused at school by a teacher, the school has no legal responsibility. This Act takes effect 90 days after its enactment into law.

signed · Delaware · Senate Aug 19, 2022

SB 289: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.

This Act expands the scope of the sexual extortion law to include: a) compelling or inducing another person to produce a visual depiction of the person or another who is nude or who is engaging in sexual conduct, and b) threatening to reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of a person who is nude, or who is engaging in sexual conduct.

Bill results