This Act ensures that a public school employee may not work directly with students unsupervised without a valid permit or license issued by the DOE’s Professional Standards Boards or an approved license issued under Title 24. To that end, this Act creates a new permit requirement for any paraprofessional or student support and classroom position, including specialist interns, year-long residents, full time substitute teachers, substitute teachers seeking certification, student teachers, and classroom aides. The following employees are exempt from the permitting and licensing requirements: non-instructional administrators; nutrition staff; custodial staff; transportation staff; clerical staff; charter school heads exempt under § 507(c) of Title 14; and substitute teachers seriving for less than 12 consecutive weeks in a school. The same laws, procedures, penalties, and safeguards that apply to the issuance, suspension, and revocation of a license under Chapter 12 of Title 14, will apply to a permit. The DOE may require reimbursement of any funds disbursed to district or charter schools for an employee without a license or permit, who holds a position requiring a license or permit. The DOE may also require reimbursement for an employee that is working under an expired license or permit. Finally, this Act increases the maximum supplement amount an employee may earn for accepting additional responsibility assignments that impact student achievement. The supplement may be no more than $5,000, rather than $1,500. It also directs the Department to update the Department of Education PHRST code manual so that the position codes align to titles of positions that are currently used by educators, and outdated codes are deleted. The new system codes must be in effect by the start of the 2026-2027 school year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Like Senate Bill No. 165, this Act requires the Department of Education to pilot a revised student improvement component under the Delaware Performance Appraisal System and Delaware Teacher Growth and Support System beginning in the 2025-2026 school year before implementing it statewide. The revised student improvement component must consider factors such as student absences, mobility, and noncompliance that may adversely affect a student’s performance. During the 2026-2027 academic year, the pilot program will expand, allowing for further refinement of implementation and support structures. Participants in the pilot program will be held harmless, so that the revised student improvement component will not factor into overall ratings. The program will be implemented statewide in 2027-2028 for all licensed and certified educators. Senate Substitute No. 1 for Senate Bill No. 165 differs from SB 165 by holding also holding educators harmless during the pilot program and by making the following technical changes: • Using the word “school” to refer to school districts and charter schools because “local education agencies” is not a defined term in the Code. • Clarifying when the pilot program ends. • Reorganizing the provisions to conform to the standards of the Delaware Legislative Drafting Manual.
This Act enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the interstate practice of school psychology in educational settings. School-based mental health services are in high demand in Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the Compact, the Act aims to increase the availability of school psychological services for students in this State. The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact has been enacted in 2 states and legislation is pending in several others.
This Act requires schools that receive federal funding ensure students, staff, and faculty are protected from sex-based discrimination and sex-based harassment. The Act further requires schools to communicate to students, through their website, the existence of Title IX administrators as required by federal law. The Act requires the school’s website provide information explaining the roles and duties of Title IX administrators, how to contact the appropriate Title IX administrator, and the school’s Title IX policy. The Act ensures that students have access to the appropriate forms to start a complaint and access to the FAQ link provided by U.S. Office of Civil Rights. The Act instructs the school to provide an explanation and examples of possible supportive measures for students who experience sex-based discrimination or sex-based harassment. The Act instructs the Title IX coordinator of every Title IX school to provide a written reminder to school staff and faculty at the beginning of the academic year, outlining the school’s Title IX policy regarding the reporting of sex-based discrimination, including sex-based harassment.
This Act requires that members of school boards, including charter school boards, receive training on all of the following: 1. Requirements for school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29. 2. Best practices regarding the conduct of meetings, including the use of rules of order. 3. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29. Most school boards already provide training that satisfies the requirements under this Act and the training and notices required under this Act may be combined with the training and notices already required under § 1803 of Title 14 for required financial responsibility training.
Maddy summaryHB 64 requires Delaware school boards to provide remote access for public participation in meetings, directly affecting school board members and community residents. The bill mandates that meetings include a functional online platform - such as live streaming or video conferencing - allowing the public to view proceedings and submit comments remotely. This change ensures that residents who cannot attend in person, including those with mobility challenges or during emergencies, can engage with school governance. The provision applies to all regular and special school board meetings under Delaware law. It focuses on practical accessibility without altering school policies or funding.
Under current law, both school board members who are elected and those who are appointed to fill vacancies until the next election are required to complete a background check. However, the statute is currently unclear as to how a background check gets done and who is responsible for reviewing the background check for an appointment. This Act makes clear that a person may not be appointed unless a background check has been completed and the Commissioner of Elections has determined the person is qualified for the seat, in the same manner the Commissioner completes that duty for candidates for school board elections.
This Act adds intentional interference with the operation of a school bus to the offense of disorderly conduct. Intentional interference with a school bus may include boarding a school bus and refusing to exit after being lawfully ordered to do so by the school bus driver; wrongfully restricting the movement of a school bus; or threatening the school bus driver, a student, or any passenger entering, leaving, or waiting for a school bus. A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of an inferior court.
The language of this Act is identical to Senate Bill No. 25 of the 153rd General Assembly. The only difference between this Act and Senate Bill No. 25 is the title, which has been changed to clarify that the language includes the Public Employment Relations Act of Title 19. This Act allows an employee organization to file a petition with the Board to become the exclusive representative of an appropriate bargaining unit for the purpose of collective bargaining. In the event an employee organization provides over 50% of the employees’ approval, through their authorized signatures, then the Board may not order an election but must certify the employee organization. This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.
This House Substitute No. 1 provides that if a school board allows school board members to attend meetings remotely through electronic means, then permission to attend remotely must be granted in the case of any of the following: illness of the school board member; illness of an individual in the school board member’s family where that individual requires caretaking; a public health emergency; pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner; or military deployment of the school board member. This substitute for House Bill No. 83 differs from the original in that it does not require school boards to allow remote attendance. But if the school board does allow remote attendance, it provides the permissible reasons remote attendance may be allowed, allows a school board to limit the number of times permission to attend remotely may be granted, and indicates that a school board may not add to the statutory reasons for remote attendance. It also expands the permissible reasons from the original bill to include pregnancy or postpartum complications of a board member’s spouse or partner.