This Act does the following: (1) Makes clear that charter schools and private schools may employ a constable or employ or contract for a qualified retired law-enforcement officer to provide security. (2) Creates an exemption in the Safe School Zone law enacted in 2023, Chapter 175 of Volume 84 of the Laws of Delaware (House Bill No. 201, 152nd General Assembly), for an individual authorized by a private school to serve a “sentry”, an individual authorized by the school to carry a firearm or projectile weapon in a Safe School Zone if certain training and notice requirements are complied with. Not every school is able to afford to hire a constable or a police officer who is a school resource officer. Therefore, the General Assembly finds that it is necessary to permit private schools in this State to employ or contract for individuals to serve as a sentry for these schools. The following states have also provided a similar exemption to their equivalent of the Safe School Zone law for a sentry: Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, and Wyoming. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Delaware educators identify school safety as a significant issue affecting whether they stay in the profession. This Act demonstrates the General Assembly's commitment to supporting our educators by elevating a recklessly or intentionally caused physical injury to an educator to an assault in the second degree. Under this Act, an "educator" includes an employee, contractor, or subcontractor of a public or private elementary school or secondary school. The injury must occur while on school property or at a school-sponsored event in order for this Act to apply. This Act may be cited as "The We've Got Your Back Act".
This Act requires public schools serving grades 7 to 12 that issue pupil identification cards to print on either side of the card the following information, which previously was optional for the public schools: (1) Teen Dating Violence Hotline:1-866-331-9474 or Text “loveis” to 22522. (2) Stop Bullying Now Hotline: 1-800-273-8255(TALK). Sections 1 and 2 of this Act remove application dates from the previous enactments of laws related to information printed on pupil identification cards for public schools serving grades 7 to 12 and on student identification cards for public institutions of higher learning. These application dates could be interpreted to mean that the previous enactments of these laws were to be effective only during the stated school years. By removing these application dates and establishing the effective date in Section 5 of this Act, these laws will be effective on July 1, 2026. This Act also makes technical corrections in Sections 3 and 4 of this Act to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires additional reporting and disclosure related to the use of mechanical restraint and seclusion in public schools. While public school personnel cannot use mechanical restraint or seclusion on students in absence of a waiver, law-enforcement officers can. This Act requires the Department of Education to collect data from public schools about the use of mechanical restraint and seclusion, in addition to the physical restraint data that is already collected. The Department of Education shall include the mechanical restraint and seclusion data in its annual report. This Act adds a specific date by which the annual report is due. Additionally, the annual report must be submitted to certain entities, including the Delaware School Boards Association and the boards of education of school districts and the boards of directors of charter schools. This Act also adds mechanical restraint and seclusion to the parental notice requirement and special procedures and safeguard requirements that already exist for use of physical restraint. Though § 4112F defines “chemical restraint”, chemical restraint cannot be performed by anyone in a public school. Therefore, this Act does not add chemical restraint to data collection, reporting, parental notification, or safeguard requirements. Furthermore, this Act adds a definition of school resource officer (SRO) to clarify that SROs are law-enforcement officers. This Act requires the Department of Education to amend its regulations in accordance with the definitions in this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including correctly formatting lists and revising § 4112F(d) of Title 14, the subsection addressing particular training requirements for SROs, to account for the creation of a definition of SRO. One technical correction in § 4112F(d) is changing a “shall not” to a “may not” as it applies to the prohibition against the use of SROs who have not complied with mandated training requirements. According to Rule 12 in the Legislative Drafting Manual, “shall not” should be avoided in legislative drafting. Furthermore, both “may not” and “must not” are proper ways to express a prohibition in the Delaware Code. They convey the same level of mandatory prohibition except that “may not” qualifies a verb in active voice while “must not” qualifies an inactive verb or an active verb in passive voice. This technical correction still prohibits school districts and charter schools from using an SRO who has not satisfied the training requirements in § 4112F(d). This Act takes effect on August 1, 2025.
This Act amends the Fiscal Year 2025 Bond and Capital Improvements Act to (1) authorize local bond shares to adjust for William Penn High School in the Colonial School District. Further, this Act amends Fiscal Year 2025 Bond and Capital Improvements Act to (2) authorize the Director of the Office of Management and Budget, with concurrence of the Controller General and the Co-Chairs of the Joint Committee on Capital, to transfer any necessary spending authority from the Cultural Access Fund; (3) revise allocations to the City of Dover and Downtown Dover Partnership; (4) revise the allocation for the University of Delaware for Deferred Maintenance from Laboratories to Campus Improvements; (5) revise the State and Local share allocations for the Smyrna Roof Replacement project and authorizes School Construction Market Pressure to be transferrable between Fiscal Years 2023 and 2024 to achieve allocations; (6) adjust School Safety and Security funding from the Department of Safety and Homeland Security, Delaware State Police, Special Investigation to reflect State Bureau of Identification; (7) removes the requirement of school districts and charter schools to obligate prior fiscal year MCI funds prior to utilizing Enhanced MCI; (8) authorize the transfer of any remaining funds from Legislative Hall major and minor capital improvement appropriations to be used for the Legislative Hall Garage/Expansion project; (9) authorize the transfer of any remaining funds from the Domestic Violence Coordinating Feasibility Study to the Criminal Justice Council for Family Justice Center startup costs; (10) authorizes the transfer of funds allocated for the Scannell Readiness Center and up to $500,000 of available Minor Capital Improvements to cover the project for the Bethany Beach Training Barracks; (11) authorizes funds from Capital School District’s Certificate of Necessity (CN 2113A) to be used to support new facilities for the Kent County Community School and Kent County Secondary ILC; (12) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (13) reprograms funding from the Community Redevelopment/Reinvestment Fund from Downtown Milford, Inc. to the Delaware State Fair, the Milford District Fee Public Library Commission, and Kent Sussex Industries; (14) authorize the Director of the Office of Management and Budget to perform an adaptive reuse study for the Delaware State Police Troop 7; and (15) remove the deadline date requiring Sussex County Council to adopt § 6961, Title 9 of the Delaware Code.
This Act prohibits discrimination in public schools, including school districts and charter schools, based on race, ethnicity, creed, color, religion, national origin, sex, sexual orientation, gender identity, protective hairstyle, body size, pregnancy or childbirth or related conditions, disability, genetic information, socioeconomic status, familial status, immigration status, or housing status. Under this Act, the Department of Education is required to update its regulations to align the protected classes therein with those in the general non-discrimination provision created by this Act. In addition to creating this non-discrimination provision [§ 136 of Title 14], this Act also does the following: 1. Aligns the protected classes in § 506, pertaining to restrictions on charter schools, with the newly created non-discrimination provision in § 136 of Title 14. 2. Amends the definition of bullying in § 4161 of Title 14 to include written, electronic, verbal, or physical acts that target a student, a school district or charter school volunteer, or a school district or charter school employee based on the target’s membership in any protected class under the newly created non-discrimination provision in § 136 of Title 14, or based on the target’s age. 3. Aligns the protected classes included in paragraph (b)(2)f. of § 4164 of Title 14 with the additional protected classes included in the newly created non-discrimination provision in § 136 of Title 14. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act establishes school officer units to fund school resource officers or constables in all Delaware public schools. Specifically, this Act funds at least 1 school officer in each school in a school district and in each charter school, regardless of enrollment, and provides for additional school officers for schools with over 1,000 students.
SCR 14 re-establishes Delaware's Student Behavior and School Climate Task Force, which previously studied school discipline and climate issues. The task force will examine six specific areas, including the causes of student behavior issues, impacts on learning and educators, current discipline policies, and data-driven solutions. It will develop recommendations for improving school climate and submit a final report by March 1, 2026. This resolution directly affects Delaware schools, students, educators, and families by directing a formal review of school discipline practices. The task force’s work aims to inform future policy changes based on evidence, not immediate legislative action.
