Legislative Monitor

Welcome to Rodel’s Legislative Monitor, your resource for learning about state legislation related to public education. Below you will find education legislation that saw activity as of June 30, the end of the first half of the 151st Delaware General Assembly.

Click the hyperlinks in the “Legislation” column for more information such as the current status in the legislative process, full text, and fiscal note. Synopses include all amendments that have passed or been placed with the bill. This language may summarize the official synopsis of the legislation.

Did we miss a piece of legislation? Let us know. Check back for weekly updates when the legislature is in session.

Also, make sure to check out these additional links in order to know your legislator and learn how a bill becomes law in Delaware. Be sure to check out our recap blogs of the 151st General Assembly in July 2021.

BILL

HB86

SPONSOR

Williams

DATE ADD

02/19/2021

Synopsis

This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.

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This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, there is no additional unit funding for students in kindergarten…

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BILL

HB12

SPONSOR

Carson

DATE ADD

03/15/2021

Synopsis

This Act fully exempts county property taxes and local school taxes for a disabled veteran with a 100% VA rated service-connected, permanent and total disability or for a disabled veteran who is receiving 100% disability compensation due to individual unemployability.

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This Act fully exempts county property taxes and local school taxes for a disabled veteran with a 100% VA rated service-connected, permanent and total disability or for a disabled veteran…

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BILL

HB120

SPONSOR

K. Williams

DATE ADD

04/13/2021

Synopsis

This Act makes changes to House Bill 202 from the 150th General Assembly creating a pilot program for the Red Clay School District to use external camera systems on their school buses to catch motorists that fail to stop when a school bus is stopped and displaying flashing lamps to take on or discharge school children and assess a civil penalty as punishment. The changes in this bill are necessary to make clear that the Act, which mirrors 21 Del. C. § 4101(d), the State’s Electronic Red Light Safety Program, only creates a civil, not a criminal penalty.

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This Act makes changes to House Bill 202 from the 150th General Assembly creating a pilot program for the Red Clay School District to use external camera systems on their…

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BILL

HB128

SPONSOR

Griffith

DATE ADD

03/29/2021

Synopsis

This Act permits the extension of special education and related services to those students with a disability who turn 21 during the 2020-2021 school year to address unfinished learning as a result of the pandemic which resulted in the COVID-19 Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat declared by the Governor on March 12, 2020. The IEP for the child must be revised to reflect the specific basis for extending services and the specific education and related services that will be provided.

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This Act permits the extension of special education and related services to those students with a disability who turn 21 during the 2020-2021 school year to address unfinished learning as…

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BILL

HB129

SPONSOR

Williams, K

DATE ADD

03/29/2021

Synopsis

This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 high needs elementary schools per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority.

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This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center…

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BILL

HB133

SPONSOR

Williams, K

DATE ADD

03/29/2021

Synopsis

This Act changes the current evaluation system for all teachers from the former Delaware Performance Appraisal System II evaluation to a new Delaware Teacher Growth and Support System. The goal of this new evaluation system is to build a culture of professionalism and learning within every school by converting the evaluation system from a teacher-focused to a learning-focused system. It also increases accountability by requiring a beginning, middle and end of the year review of both the teacher’s professional learning goals and student improvement goals.

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This Act changes the current evaluation system for all teachers from the former Delaware Performance Appraisal System II evaluation to a new Delaware Teacher Growth and Support System. The goal…

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BILL

HB144

SPONSOR

K. Williams

DATE ADD

04/13/2021

Synopsis

This Act will result in increased funding for preschool children with disabilities who are not 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 consistent with the ratio of students per unit in Basic Special Education for students enrolled in grades 4-12. The reduction of students per unit will be phased in over three years; in the first year, the number of students per unit will be 11.3, in the second year, the number of students per unit will be 9.8, and in the third year the number of students per unit will be 8.4. This Act also makes changes to existing law to make it consistent with the Legislative Drafting Manual.

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This Act will result in increased funding for preschool children with disabilities who are not in either Intensive or Complex special education units by revising the current ratio of 12.8…

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BILL

HB198

SPONSOR

Dorsey Walker

DATE ADD

04/13/2021

Synopsis

This Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12. This Act incorporates contemporary events into discussions of Black History and the tools of experience.

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This Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12. This Act incorporates contemporary events…

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BILL

HB20

SPONSOR

Longhurst

DATE ADD

02/19/2021

Synopsis

This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.

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This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can…

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BILL

HB35

SPONSOR

Longhurst

DATE ADD

02/19/2021

Synopsis

This Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals, such as, school counselors, social workers, licensed clinical social workers, school psychologists, and school nurses.

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This Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals,…

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BILL

HB89

SPONSOR

Williams

DATE ADD

02/19/2021

Synopsis

This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.

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This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification…

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BILL

HB100

SPONSOR

Williams

DATE ADD

07/08/2019

Synopsis

This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 centers per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center.

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This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center…

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BILL

HB104

SPONSOR

Griffith

DATE ADD

03/08/2021

Synopsis

This Act moves the date by which the Department of Education shall submit its annual report to the Domestic Violence Coordinating Council from August 1 to October 15 of each year. Moving the date to October 15 will better accommodate the data collection, quality control, and certification process utilized by the Department of Education. Schools and districts are required to enter their data by July 1 and the process of verifying the information and making any corrections necessary to certify the data is usually finished by October 1.

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This Act moves the date by which the Department of Education shall submit its annual report to the Domestic Violence Coordinating Council from August 1 to October 15 of each…

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BILL

HB107

SPONSOR

Baumbach

DATE ADD

03/08/2021

Synopsis

This Act preserves the requirement that students have the opportunity to salute and pledge allegiance to the American flag each school day but revises the Code so that the requirement complies with the First Amendment of the Constitution. Specifically, this Act does all of the following: Section 1 revises § 4105 of Title 14 to comply with the First Amendment of the U.S. Constitution by requiring schools to provide an opportunity for students to salute the flag and pledge allegiance to the American flag every day. Section 2 adds charter schools to § 4101A of Title 14 to be consistent with the revisions in Section 1 of this Act and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 3 repeals the penalties imposed on a principal or teacher for failure to comply with § 4105 of Title 14. Section 4 repeals the penalties imposed on a principal or teacher for failure to comply with § 4101 of Title 14.

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This Act preserves the requirement that students have the opportunity to salute and pledge allegiance to the American flag each school day but revises the Code so that the requirement…

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BILL

HB110

SPONSOR

Matthews

DATE ADD

03/08/2021

Synopsis

Top line: This bill allows for more district provided transportation K-8, clarifies how to qualify for district provided transportation (specifically not applied to charter schools or choice).**** – Amends the section header for § 2905, Title 14 to more accurately reflect the section’s subject matter. – Clarifies the Department of Education’s authority to promulgate rules and regulations regarding the transportation of students who are in public elementary and secondary schools. Section 2905 already expressly grants promulgation authority to the Department regarding nonpublic, nonprofit schools. – Clarifies that the new provision of transportation benefits for students in grades K through 8 applies only to students who attend the public school in which their enrollment is based on the residences of their parents; it does not apply to students who attend charter schools or, by choice, schools in different districts. – Makes several technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual, including changes to consistently refer to “students” instead of using both “students” and “pupils” within the same section.

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Top line: This bill allows for more district provided transportation K-8, clarifies how to qualify for district provided transportation (specifically not applied to charter schools or choice).**** – Amends the section…

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BILL

HB47

SPONSOR

Briggs King

DATE ADD

02/19/2021

Synopsis

In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. This bill clarifies that school district employees are entitled to the same unpaid leave.

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In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks…

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BILL

HB54

SPONSOR

Chukwuocha

DATE ADD

03/08/2021

Synopsis

This Act clarifies the method of calculating the optional mid-year unit count, as well as how the mid-year count may be used and makes the option available to charter schools. A school district or charter school will qualify for state financial support for each additional unit under the optional unit count at the daily rate of a Class A substitute teacher, including other employment costs, for the remaining days of the school year. The Act authorizes school districts to provide a local match for personnel costs associated with the optional mid-year unit count.

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This Act clarifies the method of calculating the optional mid-year unit count, as well as how the mid-year count may be used and makes the option available to charter schools.…

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BILL

HB83

SPONSOR

Schwartzkopf

DATE ADD

02/19/2021

Synopsis

In January 2020, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 150th General Assembly in 2019 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. 7 of the changes are Title 14 corrections.

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In January 2020, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that…

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BILL

HB92

SPONSOR

Baumbach

DATE ADD

02/19/2021

Synopsis

This Act reduces the term of a member elected to a school board from 5 years to 4 years for members elected after December 31, 2021. This Act also makes technical corrections for clarity and to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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This Act reduces the term of a member elected to a school board from 5 years to 4 years for members elected after December 31, 2021. This Act also makes…

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BILL

SB15

SPONSOR

Walsh

DATE ADD

03/15/2021

Synopsis

This bill provides for gradual increases in the Delaware minimum wage to $15 over a period of several years.

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This bill provides for gradual increases in the Delaware minimum wage to $15 over a period of several years.

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BILL

SB19

SPONSOR

Wilson

DATE ADD

03/15/2021

Synopsis

This Act makes children with disabilities who attend homeschools eligible to receive speech language pathology and audiology services in the same manner as students who attend private schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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This Act makes children with disabilities who attend homeschools eligible to receive speech language pathology and audiology services in the same manner as students who attend private schools. This Act…

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BILL

SB26

SPONSOR

Sokola

DATE ADD

03/15/2021

Synopsis

This Act requires the University of Delaware, Delaware State University and Delaware Technical Community College to livestream their board meetings (exempting executive board meetings) and maintain those recordings for public consumption.

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This Act requires the University of Delaware, Delaware State University and Delaware Technical Community College to livestream their board meetings (exempting executive board meetings) and maintain those recordings for public…

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BILL

SB32

SPONSOR

Brown

DATE ADD

02/19/2021

Synopsis

DE law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists – includes this language in 3 sections of title 14

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DE law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture…

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BILL

SB42

SPONSOR

Townsend

DATE ADD

02/19/2021

Synopsis

This Act suspends the educator evaluation system during the 2020-2021 school year and replaces it with an observation and feedback cycle that provides educators with coaching and support related to hybrid and remote learning practices. This Act also provides that formal improvement plans in place for the 2020-2021 school year remain in effect through the next evaluation cycle under this section.

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This Act suspends the educator evaluation system during the 2020-2021 school year and replaces it with an observation and feedback cycle that provides educators with coaching and support related to…

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BILL

SB52

SPONSOR

Hocker

DATE ADD

03/15/2021

Synopsis

This Act revises Chapter 26 of Title 14, regarding the Sussex Vo-Tech High School by doing all of the following: 1. Revises the tax rate for the District and clarifies the acceptable use for the tax revenue. 2. Repeals § 2602(b) of Title 14 3. Revises the number of students who may be enrolled in the District. 4. It creates a preference for student admissions for children of members of the District’s BOE. 5. Revises academic eligibility by requiring that accepted students remain academically eligible for promotion under the standards established by DDOE.

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This Act revises Chapter 26 of Title 14, regarding the Sussex Vo-Tech High School by doing all of the following: 1. Revises the tax rate for the District and clarifies…

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BILL

SB82

SPONSOR

Lockman

DATE ADD

03/08/2021

Synopsis

Beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This Act requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process must include certain features. In addition, this Act requires the Department to provide training to certain school district and charter school employees regarding the uniform public school registration process and issue guidelines for privacy of information submitted as part of the registration process.

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Beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This Act requires the uniform public school registration process to be…

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BILL

SB86

SPONSOR

Gay

DATE ADD

04/13/2021

Synopsis

This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) 2019 review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and adds a requirement to DACCTE’s annual report to provide students and families access to information regarding educational, employment, and training opportunities.

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This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) 2019 review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and adds a…

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BILL

SB95

SPONSOR

Paradee

DATE ADD

03/29/2021

Synopsis

This bill will provide Delaware students with strong academic credentials and a demonstrated commitment to volunteer public service to receive scholarship monies sufficient to cover the full cost of tuition at Delaware State University. The intent of this bill is to increase the number of students in Delaware who not only attend the University but who successfully complete degree programs.

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This bill will provide Delaware students with strong academic credentials and a demonstrated commitment to volunteer public service to receive scholarship monies sufficient to cover the full cost of tuition…

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BILL

SB99

SPONSOR

Pinkney

DATE ADD

04/13/2021

Synopsis

This Act makes minority educators eligible for the High Needs Educator Student Loan Repayment Program. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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This Act makes minority educators eligible for the High Needs Educator Student Loan Repayment Program. This Act also makes technical corrections to conform existing law to the standards of the…

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BILL

SB32

SPONSOR

Brown

DATE ADD

04/13/2021

Synopsis

DE law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists – includes this language in 3 sections of title 14

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DE law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture…

Read more

BILL

SB56

SPONSOR

Sturgeon

DATE ADD

02/19/2021

Synopsis

This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools

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This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and…

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BILL

SB71

SPONSOR

Lawson

DATE ADD

03/08/2021

Synopsis

This act requires red flag indicator training for teachers, school principals, counselors, school nurses, and other school district or charter school employees who interact with students, the people most likely to exhibit red flag indicators during the school day. This act requires that each school district and charter school establish and implement red flag indicator reporting, tracking, and referral policies. These policies will allow for the timely referral of at-risk students for needed mental health evaluation or treatment or law enforcement action. To protect teachers, administrators, and other school district or charter school employees, this Act provides immunity from criminal liability, civil liability, or professional discipline for employees who follow school district or charter school red flag indicator policies to report a student’s red flag behavior.

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This act requires red flag indicator training for teachers, school principals, counselors, school nurses, and other school district or charter school employees who interact with students, the people most likely…

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SPONSOR

Hocker

DATE ADD

02/19/2021

Synopsis

Senate Bill No. 52 revises Chapter 26 of Title 14, regarding the Sussex County Vocational-Technical High School District (“District”). Senate Substitute No. 1 for Senate Bill No. 52 differs from Senate Bill No. 52 because it does not change the preferences for student admissions or the eligibility standards for accepted students. Like Senate Bill No. 52, Senate Substitute No. 1 for Senate Bill No. 52 does all of the other proposed changes.

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Senate Bill No. 52 revises Chapter 26 of Title 14, regarding the Sussex County Vocational-Technical High School District (“District”). Senate Substitute No. 1 for Senate Bill No. 52 differs from…

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SPONSOR

Sturgeon

DATE ADD

04/13/2021

Synopsis

This bill enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a school board or the State Board of Education if the member is charged with a crime that would disqualify the individual from holding the position if convicted. 5. Requires the suspension of a charter school board member who is charged with a disqualifying offense. Existing law requires potential charter school board members to undergo and pass a criminal background check to serve as a charter school board member. 6. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The disqualifying convictions under Senate Bill No. 78 are similar to those that cause an educator to lose their license or certificate and the additional qualifications do not apply to current school board members until the expiration of the member’s current term, unless the member is charged with a disqualifying crime while serving.

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This bill enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the…

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