In 2013, Congress enacted the Death in Custody Reporting Act of 2013, 34 U.S.C. § 60105, which requires states to report to the U.S. Department of Justice the deaths of individuals who die in the custody of law enforcement. Failure to comply may result in the reduction of certain federal grant funds. In 2024, the Criminal Justice Council, which is responsible for ensuring Delaware's participation in the data collection required by the Death in Custody Reporting Act of 2013, arranged for the Statistical Analysis Center to serve as the Criminal Justice Center's agent to coordinate and manage the logistics of this data collection. The Criminal Justice Council and Statistical Analysis Center issued guidance to law enforcement on the requirements of the Death in Custody Reporting Act of 2013 and the process and procedures to be used to comply with these reporting requirements. This Act codifies the process and procedures established by the Criminal Justice Council and Statistical Analysis Center related to the reporting required by the Death in Custody Reporting Act of 2013. In addition, this Act requires compliance reporting and provides that a law-enforcement agency that fails to comply with this Act is ineligible for certain funding until the agency complies with this Act.
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This Act updates Delaware laws relating to Sexually Transmitted Disease (STD) prevention and control, much of which are outdated and do not reflect current research and medical practice. To that end, this Act does the following: (1) Clarifies that Sexually Transmitted Infections (STIs) are to be treated in the same manner as STDs. (2) Removes the requirement that reportable STDs be reported to DPH within 1 working day. (3) Repeals the provision permitting the Director of DPH to examine a person suspected of being infected with an STD and to order that person to isolate or quarantine. (4) Repeals the provision relating to apprehending, committing, mandating treatment, and quarantine of an infected person. (5) Repeals the provision permitting the Director to bring an action in the Justice of the Peace Court when a person suspected of having an STD presents an imminent danger to public health. (6) Removes the provisions concerning the DOC and DPH isolating or quarantining persons with suspected or known STDs. (7) Provides that health care providers must provide STD and STI testing, but that a pregnant person may refuse testing. Documentation of refusal must be retained in the patient’s medical record along with documentation of test counseling. (8) Repeals the provision permitting a DPH investigator without a medical license to withdraw blood for test purposes. (9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires the Department of Education, in collaboration with school districts, charter schools, and vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating Delaware homeschool students into public school extracurricular activities within the public school that the student would be attending based on residence if that student were enrolled in public school or within charter schools or vocational-technical school districts, including the creation of a pilot program. The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the date of publication in the Register of Regulations of a notice that the Department has submitted its findings and recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations. Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the submission of notice that the Department has submitted its findings and recommendations. This Act expires on the promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware are being amended rather than a more permanent change in Title 14 of the Delaware Code.
The Autism Program was transferred to the Department of Education in 2023 through epilogue language in the budget bill. This Act updates the code relating to the statewide program to align with the DOE’s current practices and responsibilities.
This Act codifies the Education Unit in the Department of Services for Children, Youth and Their Families (DSCYF). The Education Unit provides educational services to children and youth residing in facilities operated by DSCYF.
This Act revises the parent notification requirements for school bullying policies by repealing the requirement that notification be made using a form generated by the Department of Justice (DOJ). This change conforms to DOJ’s current practices and procedures related to involvement with student behavior issues. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act removes the Department of Education from the process related to funding for apprenticeships, as this is administered through the Department of Labor.
School nurses are a vital link in implementing the Childhood Lead Poisoning Prevention Act and in preventing lead poisoning among Delaware’s children. Since the 1990s, school nurses have been on the front lines of ensuring that students entering pre-kindergarten and kindergarten have a lead screening completed prior to the start of school. The Delaware School Nurse Association (DSNA) Advocacy Committee has actively participated in the Childhood Lead Poisoning Prevention Advisory Committee (CLPPAC) as a stakeholder, collaborating to improve blood lead testing rates and to address racial, ethnic, and socioeconomic disparities in lead poisoning. School nurses also contribute to the development, updating, and implementation of the statewide screening plan. Most importantly, when a child tests positive for an elevated blood lead level, school nurses are uniquely positioned to connect that student and family with the academic and health resources needed for success. This Act adds a school nurse as a member on the CLPPAC. The presence of a school nurse as a voting member will strengthen the Committee’s work and ensure that the voices of those most directly supporting children are represented in both policy and practice.
This Act provides that each school district and charter school must report three times a year, instead of annually, to the Department of Education, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to mandated literary screening, and the literacy intervention approaches being provided.
This Act amends Title 14 to provide the Department of Education the authority to adopt rules and regulations regarding the transportation of public school students.