Regulatory Provisions

Del. Code tit. 14, ch. 41
in effect

Del. Code tit. 14, § 4101 Reading of First Amendment of the United States Constitution.

At the commencement of the first period of study on the first day of school of each school year in all public schools of the State, the First Amendment of the Constitution of the United States of America shall be read or recited by the teacher in charge of such period to the students therein assembled.

Del. Code tit. 14, § 4101A Use of schools for First Amendment purposes.

(a) As used in this section: (1) “Student-delivered” refers to any message spoken by a student of the public school at which the message is delivered. (2) “Student-initiated” refers to any action that is taken only after students have asked that such an action be taken; (b) During the initial period of study on each school day all students in the public schools in Delaware may be granted a brief period of silence, not to exceed 2 minutes in duration, to be used according to the dictates of the individual conscience of each student. During that period of silence no other activities shall take place. (c) Notwithstanding any other provision or provisions of the Code, on public school property or other public property, student-delivered, voluntary messages may be permitted by schools during graduation or commencement ceremonies where appropriate in the context of the event. The content of any message authorized by this section shall be determined by the student delivering the message. No school district, school administrator, teacher or other school employee shall exclude, include or otherwise discriminate for or against any student on the basis of the political, philosophical, religious or other content of the message that the student intends to deliver or does deliver. (d) A school shall be deemed to offer a fair opportunity to students who wish to deliver voluntary messages during graduation or commencement ceremonies under the provisions of this section if such school uniformly provides that the delivery of such messages occur in a manner which does not substantially interfere with the orderly conduct of the ceremony. (e) Nothing in this section shall be construed to limit the authority of the school district, school administrators, teachers or other school employees to maintain order and discipline on school premises, to protect the well-being of students and school administrators, teachers and other school employees, and to assure that the content of student-delivered voluntary messages is consistent with federal and state law. (f) Each school district shall establish rules and regulations for the implementation of this section within the district. The Department of Justice shall provide each school district an annual set of model rules and regulations on or before January 1 of each year commencing in 1996 which, if adopted by a school district, will ensure that this section is implemented consistently with federal and state law. Any school district which complies with the model rules and regulations provided pursuant to this subsection shall be entitled to representation by the Department of Justice, upon request, in the event that the school district is sued as a result of activity related to this section. The State shall, if the school district complies with the rules and regulations provided pursuant to this subsection, reimburse the school district for any monetary award related to compliance with this section.

Del. Code tit. 14, § 4102 Penalties for violation of § 4101 of this title.

Any teacher or principal who refuses to comply with § 4101 of this title shall be subject to a penalty of $5 for the first violation and $25 for any violation thereafter.

Del. Code tit. 14, § 4103 Teaching Constitution of the United States, Constitution and government of Delaware and the free enterprise system.

(a) In all public and private schools located within this State, there shall be given regular courses of instruction in the Constitution of the United States, Constitution and government of Delaware and the free enterprise system. (b) The instruction in the Constitution of the United States, Constitution and government of Delaware and the free enterprise system shall begin not later than the opening of the eighth grade and shall continue in the high school courses and in courses in state colleges, universities and the educational departments of state and municipal institutions. The extent and content of such courses below the college level shall be determined by the Department of Education with the approval of the State Board of Education. In institutions of higher learning the trustees or other governing body of such institutions shall determine the extent and content of such courses. (c) In addition to the general requirements required by subsections (a) and (b) of this section, 1 calendar day per school year may be specifically and solely devoted to the study of the United States Constitution and the Declaration of Independence in every grade consistent with state content standards starting in first grade and continuing through twelfth grade. The program of instruction for each grade shall be determined by each individual school district.

Del. Code tit. 14, § 4104 Display of American flag.

(a) Every board of education in this State shall procure the American flag and cause the same to be displayed out-of-doors (weather permitting) on the school grounds of every school house in this State during school hours. (b) The Department of Education shall procure American flags for every free public school in this State and cause the same to be displayed in every school house in this State during school hours. (c) The Department shall make drafts, by warrants upon the State Treasurer from funds not otherwise appropriated, of such sums as are necessary to carry into full effect subsection (b) of this section.

Del. Code tit. 14, § 4105 Salute to flag and pledge of allegiance.

In the opening exercises of every free public school each morning, the teachers and pupils assembled shall salute and pledge allegiance to the American flag as follows: “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all.”

Del. Code tit. 14, § 4106 Failure to require salute and pledge; penalty.

When the Department of Education has procured and distributed American flags in each free public school, any principal or teacher of such free public school who fails to require the salute and pledge as set out in § 4105 of this title shall be fined not more than $50 or imprisoned not more than 10 days.

Del. Code tit. 14, § 4107 General election day; closing of schools.

(a) Every day on which a general election is held in this State shall be a legal holiday for all school purposes and all schools, colleges and other institutions of learning shall be closed during the whole of such day. (b) Whoever, having the control of any school, college or other institution of learning, causes or permits the same to be open and instruction given on such day shall be fined not less than $10 nor more than $100.

Del. Code tit. 14, § 4107A Primary election day; in-service day.

(a) School districts shall allow public school buildings to be used as polling places for primary elections if requested by the department of elections for a county. (b) Every day on which a primary election is held shall be an in-service day for any school district where any district schools are used as polling places for a primary election.

Del. Code tit. 14, § 4108 American Education Week.

The Governor may issue a proclamation calling upon all teachers of schools to arrange special programs at some time during American Education Week and calling upon the people of the entire State to observe it in some fitting manner.

Del. Code tit. 14, § 4109 School property; health and safety requirements.

(a) Every public school shall be equipped with an adequate number of fire extinguishers and shall hold a fire drill at least once every month while the school is in session. (b) Each board of education shall see that the requirements of subsection (a) of this section are complied with in the schools under their respective jurisdictions. (c) Where an area of real property which is owned or administered by a school district is bounded by a wall, fence or other structure which has gates or other lockable entrances, the local board of education shall notify the nearest providers of ambulance, fire and police services of the location of such gates and entrances. The local board of education shall provide to the ambulance service, fire company or police department a key of each such enclosed area with the board’s jurisdiction. For purposes of this subsection, the words “real property” shall include all unimproved land only and shall not include buildings.

Del. Code tit. 14, § 4110 Disturbing schools or destroying school property; penalty.

Whoever disturbs a public school in session or wilfully destroys any public school property shall be fined $20, to be collected as other fines, and paid to the board of education of the school district for the benefit of the respective district, or imprisoned not more than 30 days, or both.

Del. Code tit. 14, § 4111 Disclosure of pupils’ school records.

(a) Educational records of students in all public and private schools in this State are deemed to be confidential. Educational records may be released, and personally-identifiable information contained therein disclosed, only in accordance with the Family Educational Rights and Privacy Act (“FERPA”) under 20 U.S.C. § 1232g and its implementing regulations set forth in 34 C.F.R. Part 99 and, with respect to records for students with disabilities, in accordance with Chapter 31 of this title and its implementing regulations. FERPA and Chapter 31 of this title and their implementing regulations authorize the release of educational records upon written consent and establish the other terms and conditions on which educational records may and must be released. (b) The provisions of subsection (a) of this section notwithstanding: (1) Educational institutions and programs operating in this State, including local education agencies and postsecondary institutions and programs regulated by a state agency, shall disclose to the Department such education records, and personally-identifiable information contained therein, necessary for the audit or evaluation of state and federal education programs in accordance with the provisions of FERPA and its implementing regulations. (2) Pursuant to the legitimate interest in data exchange and compliance with federal and state reporting requirements, educational institutions and programs operating in this State, including local education agencies and postsecondary institutions and programs regulated by a state agency who outsource data exchange and compliance with federal and state reporting requirements to the Department, may consider the Department to be a “school official” as defined under FERPA’s implementing regulations in 34 C.F.R. § 99.31. Local education agencies and other educational institutions and programs may disclose to the Department, without parental consent, the educational records, and personally-identifiable information contained therein, necessary for the purpose of data exchange and federal and state reporting as required by law, if all of the following conditions are met: a. The educational institution or program would otherwise use its own employees to collect the data for the purpose of the reporting. b. The educational institution or program directly controls the Department’s use and maintenance of its educational records. c. The Department is subject to the requirements of FERPA and its implementing regulations governing the use and redisclosure of personally-identifiable information from educational records. d. The education agency or institution uses reasonable methods to ensure that the Department only obtains access to those educational records that are necessary for the legitimate educational interest of data exchange and federal or state reporting as required by law. (3) All disclosures authorized by this section must be for the purpose of ensuring the effectiveness of publicly-funded programs by connecting pre-kindergarten through grade 12 and post-secondary data, and sharing information to improve educational outcomes for students. (4) The Department may redisclose those educational records, and the personally-identifiable information contained therein, deemed necessary by the Department to accomplish its objective of improving educational outcomes. Any Department use, compilation, maintenance, protection, distribution, redisclosure, or destruction of educational records, and the personally-identifiable information contained therein, must comply with FERPA and its implementing regulations as well as any other pertinent federal or state privacy statutes. (c) All public and private schools in this State shall allow parents and eligible students to inspect and review the education records of their children or themselves who are, or have been, in attendance at the school. The right to inspect and review educational records must be in accordance with rules and regulations of the Department of Education. (d) No cause of action or claim for relief, civil or criminal, may lie or damages be recoverable against any school officer or employee by reason of such officer’s or employee’s participation in the formulation of such records or any statements made or of judgments expressed therein concerning a student’s academic performance, personal conduct, health, habits, school related activities or potential; nor by reason of the disclosure of the records or personally-identifiable information from the records, nor lack of access thereto, in accordance with subsections (a) through (c) of this section.

Del. Code tit. 14, § 4112 Reporting school crimes.

(a) Definitions. — The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (1) “Crime” includes a felony, misdemeanor or violation defined in the Delaware Code, as well as behavior by a person under 18 years of age which would be considered a felony, misdemeanor or violation if it had been committed by an adult. (2) “Non-instructional designee” means a school employee whose primary job duty does not include teaching students. (3) “Notification” means direct contact by telephone, facsimile, electronic mail, Department of Education electronic filings, in person, or by certified mail, unless otherwise designated. (4) “Parent” includes natural parent, adoptive parent, or any person, agency, or institution that has temporary or permanent custody or guardianship over a student. (5) “Parent conference” includes a meeting by telephone or in person, unless otherwise designated. (6) “Principal” means the building principal, or the equivalent of the building principal, of any public school or charter school, or the building principal’s designee. (7) “School employee” includes all persons hired by a school district, attendance zone or charter school; subcontractors such as bus drivers or security guards; substitute employees; and persons hired by or subcontracted by other state agencies to work on school property. (8) “School function” includes any field trip or any officially sponsored public or charter school event. (9) “School property” means any building, structure, athletic field, sports stadium or real property that is owned, operated, leased or rented by any public school district or charter school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted by any public school or charter school. (10) “School volunteer” means a person 18 years of age or older who, without compensation, renders service to a public or charter school. “School volunteer” includes parents who assist in school activities or chaperone school functions. (11) “Superintendent” means the superintendent of any public school district or charter school, or the equivalent of a superintendent, or the superintendent’s designee. (12) “Suspension” means either an external or an internal removal of a student from the general school population. (13) “Violent felony” means a crime designated in § 4201(c) of Title 11. (14) “Written report” includes printed paper filings and electronic filings that can be printed. (b) Criminal violation; mandatory reports. — (1) Whenever a school employee has reliable information that would lead a reasonable person to believe that: a. A student, school volunteer, or a school employee, has been the victim of: 1. A violent felony, 2. An assault III, or 3. An unlawful sexual contact III, which occurred on school property or at a school function; or b. A student has been the victim of: 1. A violent felony 2. An assault III, or 3. Any sexual offense, as defined in § 761(i) of Title 11, and the offense was committed by another school employee regardless of whether the offense occurred on school property or at a school function; then the school employee who has reliable information that would lead a reasonable person to believe that a crime has been committed shall immediately report the incident to the principal. (2) The principal must immediately make reasonable efforts to notify the parents of any juvenile victim and must send written notification of the incident to the parents within 3 business days. This paragraph does not apply if the parent is alleged to be the offender. (3) The principal shall immediately report the incident to the appropriate police agency. The report shall be made by telephone or in person immediately and shall be followed by a written report of the school’s investigation within 3 business days. (4) If the police agency determines that probable cause exists to believe that a crime has been committed, or if the principal later learns that a suspect has been arrested for the offense, then the principal must file a written report of the incident to the Department of Education within 5 days. (5) Nothing in this section shall preclude a school employee who has reliable information that would lead a reasonable person to believe a crime has been committed from reporting the incident to the principal within a reasonable amount of time. In such instances where a report is made, the school officials shall follow the procedure set forth in paragraphs (b)(2) through (6) of this section. Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in § 903 et seq. of Title 16. (6) Offenders under the age of 12. — When a misdemeanor offense listed in this subsection has allegedly been committed by a child under the age of 12, the principal is not required to notify the appropriate police agency but must file a written report of the incident with the Department of Education within 5 working days. When the alleged offense is a violent felony, the appropriate police agency must be notified by the principal of the incident even when the suspect is under the age of 12. (7) Sexual harassment. — Whenever a school employee has reliable information that would lead a reasonable person to believe that a student has been the victim of sexual harassment, as defined in Title 11, which occurred on school property or at a school function, the harassment must be reported to the principal, who, immediately after conducting a preliminary investigation to determine if good reason exists to believe that harassment has occurred, must notify the victim’s parent of that determination, if the parent is not alleged to be the offender. The principal is not required to notify the appropriate police agency, but must file a written report with the Department of Education. (8) Under no circumstances shall any person who has supervisory authority over the principal or any school board member exercise any control of, hinder or delay the lodging of any oral or written report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or rely upon any other person except an assistant principal to make the immediate report to the police. A person with supervisory authority over the principal or any school board member who has knowledge of an incident which is required to be reported under this section, and who has information that would lead a reasonable person to believe that it has not been reported to the police, has an affirmative duty to report the incident to the police immediately. This includes, but is not limited to, incidents in which a school employee is a possible suspect and when an administrative review is ongoing. (c) Student possession of weapons and unlawful drugs. — Whenever a school employee has reliable information that would lead a reasonable person to believe that a person on school property or at a school function has on his or her person, concealed in that person’s possessions, or placed elsewhere on school property: (1) Any controlled substance prohibited by Title 16; or (2) Any deadly weapon, destructive weapon, dangerous instrument or incendiary or explosive device as prohibited by Title 11, the school employee shall immediately report the incident to the principal, who shall conduct a thorough investigation. If the investigation verifies that good reason exists to believe that a crime has been committed, the principal shall immediately notify the appropriate police agency of the incident. If the police agency determines that probable cause exists to believe that a crime has been committed, then the principal shall file a written report of the incident with the Department of Education within 5 working days. (d) School officials who report a crime committed by a child with a disability, as defined by § 3101(2) of this title, shall comply with 20 U.S.C. § 1415(k)(6)(B) by ensuring that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the crime is reported. An agency reporting a crime under this section may transmit copies of the child’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act [20 U.S.C. § 1232g]. (e) Penalties. — Any school employee who fails to report an incident as required by subsection (b) of this section or subsection (c) of this section shall be guilty of a violation and shall be fined not more than $250 for a first offense and not more than $500 for a subsequent offense. Any person with supervisory authority over the principal or any school board member who exercises any control of, hinders or delays the lodging of any report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police shall be guilty of a class B misdemeanor. (f) Immunity from civil liability; review of criminal complaint. — (1) Any school employee who in good faith provides information to a police agency, a principal, a superintendent, or to the Department of Education under subsection (b) of this section or subsection (c) of this section shall not be held civilly liable for providing such information. (2) Prior to lodging any criminal charge against a school employee for providing information pursuant to subsection (b) of this section or subsection (c) of this section to a police agency, a principal, a superintendent, or to the Department of Education, the Attorney General’s office shall be consulted to determine the appropriateness of the charge. (3) Any report of an actual or suspected crime made by a school employee or principal pursuant to subsection (b) of this section shall be exempt from public disclosure pursuant to the Freedom of Information Act as set forth in Chapter 100 of Title 29. (g) Confidential list of young student offenders. — Following the start of each school year, the Department of Education shall, upon request, provide to the principal of any school a list of the students enrolled in that school for the coming year who committed offenses during the previous year which were reported to the Department of Education pursuant to this section. The list shall remain confidential and shall be used by the principal only for the purpose of identifying students who may be in need of beneficial programs such as mentoring. (h) A copy of any report required by this section to go to a principal shall be immediately submitted to the superintendent by the principal. (i) If any report required by this section alleges any wrongdoing involving the principal, the report shall be given to the superintendent and the duties required of the principal by this section shall be the duties of the superintendent.

Del. Code tit. 14, § 4112A Office of School Criminal Offense and Bullying Ombudsperson.

(a) There is hereby established within the State Department of Justice, the Office of School Criminal Offense and Bullying Ombudsperson. (b) The purpose of the Ombudsperson is to ensure the proper administration of the school criminal offense reporting law contained in § 4112 of this title and the school bullying prevention law contained in § 4164 of this title. (c) The Ombudsperson shall have the power to: (1) Investigate and seek to resolve complaints made by and concerns of members of the public, school officials, and pupils regarding criminal offenses and incidents of bullying committed on school property; (2) Investigate complaints regarding the alleged failure of school officials to report criminal offenses as required under § 4112 of this title and incidents of bullying as required under § 4164 of this title; (3) Establish policies and procedures for eliciting, receiving, investigating, verifying, and resolving complaints; and (4) Perform such other acts as are necessary to carry out the purpose set forth in subsection (b) of this section.

Del. Code tit. 14, § 4112B Ombudsperson access.

(a) The Ombudsperson shall have access to any school record or pupil file which is relevant to the performance of the Ombudsperson’s duties, including any record otherwise considered confidential under Delaware law. (b) The Ombudsperson may initiate an investigation of any criminal offense committed on school property or any incident of bullying independent of the receipt of a specific complaint. (c) The Ombudsperson shall protect the confidentiality of pupils’ records and files as required under Delaware law. (d) Notwithstanding any other provision of law, the Ombudsperson shall not disclose the identity of any complainant unless a court orders such disclosure or the complainant consents in writing to the disclosure of the complainant’s identity.

Del. Code tit. 14, § 4112C Good faith immunity.

Persons and agencies participating in an investigation of the Ombudsperson shall be immune from civil liability which may result from their good faith participation in such investigation.

Del. Code tit. 14, § 4112D School bullying prevention.

[Transferred to § 4164 of this title by 81 Del. Laws, c. 122, § 4, effective August 10, 2016.]

Del. Code tit. 14, § 4112E School Teen Dating Violence and Sexual Assault Act.

[Transferred to § 4166 of this title by 81 Del. Laws, c. 122, § 4, effective August 10, 2016.]

Del. Code tit. 14, § 4112F Limitations on use of seclusion and restraint.

(a) Definitions. — For purposes of this section: (1) “Chemical restraint” means a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student’s medical or psychiatric condition or not administered as prescribed. (2) “Mechanical restraint” means the application of any device or object that restricts a student’s freedom of movement or normal access to a portion of the body that the student cannot easily remove. “Mechanical restraint” does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including any of the following: a. Restraints for medical immobilization. b. Adaptive devices or mechanical supports used to allow greater freedom of movement stability than would be possible without use of such devices or mechanical supports. c. Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle. d. Instruction and use of restraints as part of a criminal justice or other course. e. Notwithstanding their design for other purposes, adaptive use of benign devices or objects, including mittens and caps, to deter self-injury. (3) “Physical restraint” means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head. “Physical restraint” does not include physical contact that satisfies any of the following: a. Helps a student respond or complete a task. b. Is needed to administer an authorized health-related service or procedure. c. Is needed to physically escort a student when the student does not resist or the student’s resistance is minimal. (4) “Public school personnel” means an employee or contractor of a school district or charter school. “Public school personnel” does not include any of the following: a. A “law-enforcement officer” as defined in § 9200(b) of Title 11, including an SRO. b. An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility. (5) “School resource officer” or “SRO” means a “law-enforcement officer,” as defined in § 9200(b) of Title 11, who is stationed in a school district or charter school. (6) “Seclusion” means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress. The use of a “timeout” procedure during which a staff member remains accessible to the student shall not be considered “seclusion.” (7) “Timeout” means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object. (b) Prohibition and restriction on use. — (1) Public school personnel are prohibited from imposing on any student any of the following: a. Chemical restraint. b. Subject to waiver authorized pursuant to paragraph (c)(4) of this section, mechanical restraint and seclusion. (2) Public school personnel may impose physical restraint only in conformity with all of the following standards: a. The student’s behavior presents a significant and imminent risk of bodily harm to self or others. b. The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication. c. The physical restraint does not do either of the following: 1. Interfere with the student’s ability to breathe. 2. Place weight or pressure on the student’s head, throat, or neck. d. The physical restraint does not recklessly exacerbate a medical or physical condition of the student. e. Less restrictive interventions have been ineffective in stopping the significant and imminent risk of bodily harm to the student or others, except in case of a rare and clearly unavoidable emergency circumstance posing imminent risk of bodily harm, including intervening in a student-initiated physical assault or altercation. f. For a student with a disability as defined in Chapter 31 of this title or 34 C.F.R. Part 104, the physical restraint does not contravene provisions in an individualized education program (IEP), behavior intervention plan, accommodation plan, or any other planning document for the individual student. g. Personnel use only the amount of force necessary to protect the student or others from the threatened harm. h. The physical restraint ends when a medical condition occurs putting the student at risk of harm or the student’s behavior no longer presents a significant and imminent risk of bodily harm to the student or others. i. The physical restraint is within the scope of force authorized by § 468 of Title 11. j. The physical restraint conforms to applicable regulations promulgated by the Department of Education. (c) Department of Education role; regulations. — (1) The Department of Education shall promulgate regulations implementing this section. These regulations must include all of the following: a. Requirement of uniform public school data collection, by school, which includes demographic information on affected students such as age, gender, race, ethnicity, and disability category, if any, about all of the following: 1. Each use of physical restraint. 2. Each use of mechanical restraint. 3. Each use of seclusion. b. Requirement of timely parental notice in event of use of physical restraint, mechanical restraint, or seclusion. c. Special procedures and safeguards applicable to use of physical restraint, mechanical restraint, and seclusion for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104. d. Recommended or required training of public school personnel in implementing this section. (2) a. To facilitate data collection and analysis, the Department of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or nonelectronic format. b. The Department of Education shall request from the Police Officer Standards and Training Commission (POST), any data related to law-enforcement officer use of physical restraint, mechanical restraint, or seclusion on a student in a public school collected by POST. c. 1. POST shall provide the requested data under paragraph (c)(2)b. of this section to the Department of Education. 2. For the mechanical restraint data, POST shall provide the Department of Education the total number of mechanical restraints that occurred disaggregated by whether the law-enforcement officer was required to use mechanical restraint in that situation, and if so, why that restraint was required. (3) a. The Department of Education shall issue an annual report by November 30 of each year on use of physical restraint, mechanical restraint, and seclusion, which includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section, identifies trends, and analyzes significant results. The Department of Education shall incorporate the data received from POST under paragraph (c)(2) of this section into the annual report. b. The Department of Education shall submit the report to all of the following: 1. The Secretary of the Senate, for distribution to all Senators. 2. The Chief Clerk of the House of Representatives, for distribution to all Representatives. 3. The Librarian and the Director of the Division of Legislative Services. 4. The President of the Delaware School Boards Association. 5. The president of each board of education of a school district under subchapter III of Chapter 10 of this title and the president of each board of directors of a charter school under § 504 of this title. (4) Unless proscribed by federal law, the Secretary of the Department of Education may issue a waiver of the prohibition on mechanical restraint and seclusion for an individual student based on compelling justification and subject to specific conditions and safeguards which must include a requirement of continuous visual staff monitoring and parental notice of each use of mechanical restraint or seclusion. (d) School resource officer training. — Training and reporting related to SROs is governed by this subsection. This subsection is limited to SROs who will assist with or independently intervene with students with disabilities, which includes all students eligible to be identified as students with disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794] and The Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq.]. (1) School resource officers governed by this subsection shall annually receive the following awareness training from their school district or charter school: a. Training which is consistent with that which is required of other public school personnel for disability awareness and behaviors that may manifest as a result of disabilities. b. Best practices for de-escalation techniques in a school setting. c. Information on intervention decisions and techniques used by school personnel in a school setting. d. Other training as is necessary to protect the health and well-being of students with disabilities as promulgated in implementing regulation, which must include basic awareness training specific to individualized education programs (IEP), functional behavior assessments, and behavior support plans. e. This training must include references as to how it relates to SRO duties and responsibilities outlined in their employment contract and school district or charter school memorandum of agreement (MOA). This training must be consistent with the annual training already provided to school district or charter school educators. (2) School resource officers governed by this subsection shall annually participate in the SRO training provided by the State Police or equivalent training provided by the police department employing the SRO in the school district or charter school. (3) Prior to the start of each school year, or as soon as practical, an SRO shall meet with a representative of each building in which they are assigned to be familiarized with behaviors related to disabilities that may occur in the school and typical responses that may be taken by school personnel in that school. (4) Reporting and notification practices for incidents involving SROs covered by this subsection must be consistent with reporting and notification requirements for school personnel, and must include a police report identification number if a police report exists. (5) Each school district or charter school which contracts with SROs shall have a MOA consistent with the MOA template as required by Department of Education regulation with the agency which employs or manages those sworn officers. (6) School districts or charter schools may not use SROs who are covered by this subsection, but do not comply with the training requirements set out herein. This paragraph does not prohibit a school district or charter school from using a law-enforcement officer who is not trained as an SRO to fill in for an SRO who is temporarily absent. (7) Department of Education role and regulations. — a. The Department of Education shall develop, promulgate, and update regulations for this subsection in collaboration with the Governor’s Advisory Council for Exceptional Citizens (GACEC). b. Timelines for implementation and training shall be primarily based on protecting the health and welfare of children with disabilities. c. To the greatest extent practical and appropriate, such regulations shall be consistent with and integrated with the regulations for the remainder of this section. (8) Funding for training and implementation shall be derived from existing resources. (9) Nothing in this subsection shall be interpreted as creating any additional restriction on the sworn authority of law-enforcement officers or their ability to carry out their required sworn duty. (e) Effect on other laws. — The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.

Del. Code tit. 14, § 4113 Authority of school crossing guards to ensure safety of pupils.

Where school crossing guards are employed by a school district, the guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross streets or highways safely. In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company car is responsible for the violation.

Del. Code tit. 14, § 4114 Right of State to transcribe and reproduce instructional material in braille and other media for handicapped minors.

Each contract executed for the procurement of instructional materials shall include the right of the State to transcribe and reproduce the material in braille, large print, recordings or other media for the use of handicapped minors, including the visually handicapped, unable to use the book in conventional print and form. Such right shall include those corrections, revisions and other modifications as may be necessary.

Del. Code tit. 14, § 4115 Choice of transportation.

The school board of each school district shall offer, to each parent or guardian of a student within that district who is licensed to drive a motor vehicle, a choice between driving a private vehicle to the school and transportation to the school by the school bus; provided, however, that those who choose to drive a private vehicle shall not be transported by a school bus, and those who choose to be transported by a school bus shall not be permitted to park on school grounds. The principal of each school may issue passes for school bus transportation to certain pupils who have chosen to drive a private vehicle, for use on a temporary and emergency basis; and may also set aside a specific number of parking spaces for use on a temporary and emergency basis by pupils who originally chose transportation by school bus.

Del. Code tit. 14, § 4116 Drug/alcohol educational programs.

(a) The Department of Education with approval of the State Board of Education shall establish and implement statewide alcohol/substance abuse educational programs to be provided in each grade, kindergarten through grade 12, in each public school in this State. The programs required by this section shall consist of no fewer than 10 hours per school year in grades kindergarten through 4 and 15 hours per school year in grades 5 through 12. Each program shall be taught by appropriately trained certified teachers and the instruction shall be comprehensive, age-appropriate and sequential in nature. (b) Any in-service training required by this section shall be provided within the contracted school year as provided in § 1305 of this title.

Del. Code tit. 14, § 4116A Mental health educational programs.

(a) For purposes of this section: (1) “Charter school” means as defined under § 4161 of this title. (2) “Contracted school year” means the period defined under § 1305(e) of this title. (3) “Grade” means kindergarten through grade 12. (4) “School district” means as defined under § 4161 of this title. (b) The Department of Education, with the approval of the State Board of Education, shall establish and implement statewide mental health educational programs for each grade in each school district and charter school in this State. (c) The statewide mental health education programs established and implemented under this section must meet all of the following: (1) Recognize the multiple dimensions of health by including instruction in mental health and the relationship between physical and mental health to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity. (2) Taught by appropriately certified teachers or appropriately certified community mental health providers. (3) Be comprehensive, developmentally appropriate, and sequential in nature. (d) In establishing and implementing statewide mental health programs under this section, the Department of Education shall consult with mental health experts, including individuals with the Department of Health and Social Services, Department of Services for Children, Youth, and Their Families, Mental Health Association of Delaware, Delaware Guidance Services, National Alliance of Mental Illness Delaware, and National Council for Behavioral Health. (e) A school district or charter school shall provide in-service training required under this section within the contracted school year. (f) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section. (g) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, the Director and the Librarian of the Division of Legislative Services, and the Public Archives no later than January 15 of each year. The report must include a description of the educational programing provided under subsection (b) of this section, how the programming complies with subsection (c) of this section, and how the programming has been implemented by each school district and charter school.

Del. Code tit. 14, § 4116B Mental health services for school-connected traumatic events.

(a) As used in this section: (1) “Public school” means traditional school districts, vocational technical school districts, and charter schools. (2) “School-connected traumatic event” means the death of any student, educator, administrator, or other building employee of a public school or other traumatic event that affects a significant portion of the students of the school. (b) By January 1, 2024, the Department of Education, in consultation with National Alliance on Mental Illness, Delaware, the Delaware Associations of School Psychologists, the School Social Workers Association of Delaware, the Delaware School Counselors Association, the Delaware School-Based Health Alliance, at least 1 licensed clinical pediatric psychologist, and other community stakeholders and mental health specialists, shall develop all of the following: (1) Guidance and best practices for public schools dealing with a school-connected traumatic event, including recommendations on counseling availability during school. (2) Written materials that public schools may distribute to students and families after a school-connected traumatic event setting forth additional public and private options for mental health care available in the State. (3) Written materials that public schools may distribute to a student’s parent or caregiver to encourage them to seek counseling if impacted by the school-connected traumatic event. (c) The Department of Education shall cover the cost of grief counseling offered at the school to students for 45 days after a school-connected traumatic event. After 30 days, the Department and the school administration shall consult about the need for continuing grief counseling services, and the Department shall continue to cover the cost of grief counseling at the school for an additional 45 days where a showing of significant need for and utilization of the services has been made. (d) Every public school shall prepare a crisis response policy that shall include, at a minimum, the following: (1) The establishment of a district crisis response team, its composition, and roles of each crisis response team member in a school-connected traumatic event. (2) Procedures for the verification of the school-connected traumatic event and the determination of the response level necessary from the crisis response team. (3) Procedures for the assessment of the school-connected traumatic event’s impact on students and educators, the identification and referral of students that are most impacted by the event, and the coordination of required grief counseling and crisis response services. (4) Evaluations for further continued support after the expiration of 30 days of grief counseling provided under subsection (c) of this section. (5) Procedures for determining the appropriate amount of information to release about the event and how to disseminate this information to students, faculty, and staff. (6) Policies providing behavioral health supports for crisis response team members involved in the response to a school-connected traumatic event. (e) Each public school shall adopt the policy required by subsection (d) of this section and submit a copy to the Department of Education by September 1, 2024, and by September 1 of a newly-approved charter school’s first year of operation. Each school district and charter school shall provide any changes to the crisis response policy to the Department within 60 calendar days. (f) By September 1 of each year, beginning in 2024, the Department of Education shall submit a report to the Chairs of the House and Senate Education Committees and the Chairs of the Joint Finance Committee detailing the cost of providing grief counseling in schools under this section.

Del. Code tit. 14, § 4117 Substance abuse.

(a) Each school district shall designate an administrator in every school as the person responsible for reporting, to parents and/or law enforcement agencies, any violation and/or problems relating to the abuse of controlled substances. Such administrator shall not be liable under the laws of this State for any act or omission committed by the administrator in the performance of that administrator’s duties and responsibilities under this section. (b) No administrator having reporting responsibilities under this section shall be required to report any substance abuse violation and/or problem to a parent if such person, being the principal of the school, reasonably believes that a parent or parents are a cause of or are involved in the violation and/or problem; nor shall any other administrator, having reporting responsibilities under this section, be required to report any substance abuse violation and/or problem to a parent, if such administrator and the principal of the school both believe that a parent or parents are a cause of or are involved in the violation or problem.

Del. Code tit. 14, § 4118 Parents as Teachers Program.

(a) The General Assembly finds and declares as follows: (1) The home environment and parental attitudes about the value of education can have a significant effect on a child’s ability or desire to learn. (2) A well-substantiated body of research on how children learn and grow clearly indicates that a child’s most productive and influential years of learning occur before the age of 5. (3) Experts in child development generally agree that 50 percent of intelligence, and the great majority of language skills, are developed by age 4, and that these, along with the establishment of curiosity and social skills, lay the foundation for all further learning. (4) Failure in the early years to develop adequately in these areas has been shown to lead directly to underachievement and failure in the elementary grades and beyond. (5) Most of the children headed for academic difficulty at age 6 and beyond are, by age 3, already significantly behind their peers. (6) The potential dropout often comes from a home in which well-intentioned but untrained parents have not gained, or do not use effectively, their personal resources to adequately nurture in their child the intellectual and social skills required for success in the early grades. (7) Parents are the first and most influential teachers in their child’s life and a free developmental resource for their child. (8) Neither public nor private institutions are systematically providing a meaningful number of Delaware parents with research-based, up-to-date instructions in giving their children the best possible beginning. (9) Delaware’s current Parents as Teachers Program was first initiated approximately 15 years ago by Joe Cobb, an elementary school principal and long-time Delaware educator, who recognized such in-home early education efforts as investments in our children’s futures. (10) The family is the proper and most influential first educational delivery system for the child. (11) Evidence exists that a child’s early experiences can significantly enhance or inhibit development and learning. It is both educationally sound and most cost-effective for schools to work cooperatively with the home during the crucial first years. (12) High quality parenting can be one of this country’s greatest national resources. It is a learned skill that can be improved for the benefit of the individual family and for our society. (b) The Parents as Teachers Program is hereby established under the auspices of the Department of Education and shall be coordinated through 1 or more local school boards. The Department of Education shall establish programs to train parents as teachers. The Program shall address the educational needs of targeted parents of children and shall contain the following elements: (1) The use of individuals who are professionally trained in child development and parenting. (2) The provision by participating school systems of instruction in child development and parenting, on a voluntary enrollment basis, to targeted parents of children from infancy through age 3. The Program shall be provided in homes and other appropriate community settings in a cost-effective, accessible and convenient manner. (3) The Program shall include all of the following: a. Timely and practical information and guidance on development in language, cognitive and social skills. b. Instruction in the effective use of community parenting resources, including developmental and medical screening and, as needed, early intervention for children through the first 3 years of life, contingent on the availability of resources and the level of voluntary parental participation. c. Regular visits to the home of each participating parent, as part of that course of instruction by 1 or more of the qualified educators administering the course. d. Services shall be focused and targeted, to the extent possible, to parents of at-risk children. e. Coordination, where appropriate, with other programs in other state agencies, which serve this population. (c) At least every 3 years, the Department of Education shall solicit proposals and shall select participants for the Program. The request for proposals shall require participants to demonstrate all of the following: (1) Ability to provide training for the Parents as Teachers Program. (2) Evidence of significant local support for the project from school system administrators and local school boards and local parent and children advocacy organizations. (3) Evidence that services will be provided to a racially, culturally, geographically and economically diverse targeted population. (d) The Department of Education shall evaluate proposals to insure that the development of parenting skills provided by the program increases: (1) Intellectual and language development. (2) Knowledge level of child development and child rearing practices by parents. (3) Positive feelings about the usefulness of the Program. (4) Positive attitudes toward the school system. (e) The Department of Education shall require applicants selected for the grant program, as a condition for the receipt of grant proceeds, to participate in in-service training programs. (f) The implementation of the Parents as Teachers Program shall be subject to specific annual appropriation in the annual appropriations act.

Del. Code tit. 14, § 4119 Metal detectors.

The school board of each school district shall have authority to employ the use of metal detectors, or any other similar security devices, to prevent pupils from bringing dangerous instruments, deadly weapons or any other contraband into the schools. Any school board exercising its authority under this section shall promulgate rules and regulations governing the implementation and use of such security devices.

Del. Code tit. 14, § 4120 School dress codes and uniforms.

(a) The school board of each public school district shall have authority to establish and enforce a dress code program, which may include school uniforms, for students within the district to promote an orderly, disciplined school environment and to encourage uniformity of student dress. Any school board exercising its authority under this section shall promulgate rules and regulations governing the establishment and enforcement of its dress code program. (b) In establishing a dress code that adopts school uniforms, the rules and regulations of the school board shall ensure that any uniform required is available at an affordable price, and shall include provision to assist economically disadvantaged students in obtaining school uniforms.

Del. Code tit. 14, § 4121 Video cameras on public school property.

The school board of each school district shall have authority to establish and implement programs to use video cameras for surveillance on public school property, including, but not limited to, classrooms, halls, auditoriums, cafeterias, gymnasiums and parking areas, for the purpose of monitoring student behavior to help ensure the safety of students and teachers. However, no video camera shall be used for classroom surveillance, pursuant to this section, unless the principal of the school and the teacher of the classroom consent to the surveillance. Before exercising its authority under this section, a school board shall promulgate rules and regulations governing the implementation and use of video cameras in classrooms. However, in no event shall video cameras be used at any time or at any location which would violate a student’s reasonable expectation of privacy including, but not limited to, locker rooms, areas where students may disrobe and lavatories.

Del. Code tit. 14, § 4122 Parent’s failure to attend school conference with superintendent; subpoena to compel attendance.

(a) “Parent” as used in this section means natural parent, adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title. (b) When a parent fails to attend, participate or respond to a public school or charter school superintendent’s request for a conference to discuss matters involving alleged violations of school rules or regulations by the parent’s child, the public school or charter school superintendent or the superintendent’s designee may request that the Justice of the Peace Court issue a subpoena to compel the presence of the parent at a conference with the superintendent. (c) Prior to the issuance of a subpoena to compel the presence of a parent, the superintendent or a designee must provide evidence that the superintendent or a designee has: (1) Made a reasonable attempt to schedule the conference at a time that does not conflict with the employment hours of the parent; and (2) Sent written notice of the conference by regular United States mail to the address of record of the parent, which notice shall include the reason for the conference and a statement that failure to schedule or attend the conference may result in the issuance of a subpoena. (d) After verifying that the superintendent or a designee has sent the required notice, the Justice of the Peace Court may, in its discretion, issue a subpoena pursuant to Justice of the Peace Civil Rule 18 which shall compel the presence of the parent at a conference with the superintendent. (e) If a parent fails to obey a subpoena properly served under this section, the superintendent may file a motion for an order holding the parent in contempt of court. The Justice of the Peace Court shall have jurisdiction over this matter. A parent found guilty of contempt for failure to appear at a conference after receiving a subpoena may be ordered by the Court to attend school with the student, attend family counseling, and/or comply with such other conditions as the Court may order. (f) Proceedings against a parent of a suspended or expelled child may also be filed pursuant to subchapter II of Chapter 27 of this title for each day that the child is absent beyond the period of suspension or expulsion without a valid excuse as a result of the parent’s failure to attend or schedule a conference after having received notification of the suspension or expulsion.

Del. Code tit. 14, § 4123B Posting child abuse and neglect telephone report line.

[Transferred to § 4163(g)(1), (2) of this title by 81 Del. Laws, c. 122, § 8.]

Del. Code tit. 14, § 4123C Personal body safety and child sexual abuse awareness and prevention.

[Transferred to § 4163 of this title by 81 Del. Laws, c. 122, § 4.]

Del. Code tit. 14, § 4124 Cell phone use policy by students during school hours.

(a) For purposes of this section: (1) “Cell phone” means a portable electronic device used for communication through voice calls, text messages, or Internet access. (2) “Instructional time” means educator-led time dedicated to teaching and learning. (b) Each school district and charter school shall adopt a policy, with educator input, about cell phone use by students during school hours that, at a minimum, must include all of the following: (1) Clear guidelines about what constitutes acceptable cell phone use at school. (2) A requirement that limits cell phone use during instructional time. (3) The designation of times and places during which students may use their cell phones at school. (4) Guidelines that encourage communication between the schools, parents or guardians, and students about the cell phone use policy. (5) A system of appropriate consequences for violations of the cell phone use policy. (6) Exceptions that address, and are applicable to, emergency situations and medical or educational accommodations. (7) A plan to monitor discipline data related to student cell phone use policy violations. (c) Each school district and charter school shall provide its adopted cell phone policy to the Department. (d) By August 31, 2026, each school district and charter school shall post its adopted cell phone policy on its website. (e) Each school district and charter school shall implement and enforce its cell phone policy in a fair and consistent manner. Each school district and charter school is responsible for ensuring that implementation and enforcement is not solely the responsibility of classroom educators. (f) (1) Each school district and charter school may amend its adopted cell phone use policy as needed. (2) If a school district or charter school amends its cell phone use policy, it shall provide the amended policy to the Department within 90 days of the amendment. (3) The school district or charter school shall post the amended policy on its website. (g) The Department shall provide school districts and charter schools with model language that the school districts and charter schools may use to support the development of cell phone use policies.

Del. Code tit. 14, § 4125 Driver education certification.

(a) A driver education teacher may not certify that a student is qualified under § 2710 of Title 21 for either a Driver Education Learner’s Permit or a Level 1 Learner’s Permit unless the student has completed all of the following: (1) Fulfilled the requirements of the state-approved driver education program, including all of the following: a. Successfully completed both components of the driver education program, which are as follows: 1. Classroom. 2. Behind-the-wheel instruction and observation. b. Demonstrated knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21. (2) Was enrolled in tenth or a higher grade, on or before September 30 of the school year when the student was enrolled in the driver education course under paragraph (a)(1) of this section. (3) a. Earned passing grades in at least 5 credits or their equivalent (credits) on the student’s most recent, published report card (report card) as follows: 1. All 5 credits must be in a regular course of study, or its equivalent as approved by the local governing body of the student’s school. 2. At least 2 of the credits must be in English, mathematics, science, world language, or social studies. 3. When the student’s report card includes grades for the marking period and the final grade, the student’s final grade determines if the student earned a passing grade. b. The Department of Education shall establish, through regulations, how the number of credits required under paragraph (a)(3)a. of this section is calculated, including how equivalent credit is determined and calculated. (b) If a student is receiving special education services under an active student’s individualized education plan (IEP), all of the following apply: (1) The student has until the student’s eligibility for special education and related services terminates because the student is 22 years old to complete the driver education certification through the state-approved driver education course. (2) As provided under Department of Education regulations, the student may be authorized to subsequently enroll in another driver education course if the student fails the driver education course during the regular school year. (c) A student who is receiving special education services and is precluded from meeting the academic requirements under subsection (a) of this section because of modifications in the grading procedure or course of study for the student, is eligible for certification if the student’s school principal, in collaboration with the student’s IEP team, determines that the student is making satisfactory progress in accordance with the requirements of that student’s IEP. (d) A local school board may establish requirements higher than the minimum academic eligibility requirements set forth in this section. (e) If a student has successfully completed the driver education course but does not meet the certification requirements under this section, the student is eligible for certification under § 2710 of Title 21 if the student meets the requirements under this section during the next marking period. If the student fails to meet the requirements under this section at the end of the next marking period, the student is ineligible for certification. (f) Any permit issued in violation of the provisions of this section shall be cancelled, all fees forfeited and the applicant must reapply as if they were a new applicant.

Del. Code tit. 14, § 4126 School-based health centers.

(a) All public high schools, including vocational-technical schools, but not including charter schools, are required to have a school-based health center compliant with § 3571G of Title 18 and regulations promulgated thereunder. (b) The State shall bear the start-up costs for a school-based health center at any public high school that lacks such a center as of July 20, 2016. The State shall fund such costs for at least 1 school per fiscal year until such a time as all public high schools, other than charter schools, are in compliance with this section.

Del. Code tit. 14, § 4130 Expulsion of students; re-enrollment.

(a) In any case where a public school student is expelled from a school district or a charter school, the expelled student shall not be permitted to reenroll in any other school district or charter school in this State until after the full period of expulsion from the school district or charter school where the student was expelled shall have expired. (b) Prior to enrolling any student who attempts to transfer to a school district or charter school in this State, the superintendent of that school district, or the superintendent’s designee, the head of a charter school or such head’s designee shall first contact the last school district or charter school where the student was last enrolled, if in this State, to determine if that student is under a current expulsion order in that district or charter school. If it is determined that the student is under a current expulsion order, that student shall not be permitted to enroll until the expulsion order has expired as set forth in subsection (a) of this section. (c) Any student who has been expelled from a public school in this State or in any other state shall, prior to enrollment in any public school in this State, completely fulfill the terms of that expulsion. (d) The provisions of subsections (a), (b) and (c) of this section shall not apply to any case in which a student is seeking to enroll in the James H. Grove High School or in any alternative educational or other related program developed to provide educational services to children who have discipline problems. (e) [Repealed.]

Del. Code tit. 14, § 4131 Notification of provisions pertaining to school crimes.

At the commencement of each school year, the school board of each school district shall ensure that each student enrolled in the district and the parent of each student shall receive notice of the following: (1) The provisions of § 621 of title 11 which prohibit making a false statement which causes evacuation of a school or other place of assembly and the penalties for such an offense; (2) The provisions of § 4110 of this title, which prohibit disturbing schools or destroying school property and the penalties for such offenses; (3) The provisions of § 4112 of this title, which require the reporting of school crimes. As used in this section, “parent” means natural parent, adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age.

Del. Code tit. 14, § 4132 Student grades; teacher evaluation restriction.

(a) When a teacher assigns an alphabetical symbol or numerical rating as a grade that assesses a student’s performance on an individual project, such as a grade for a test or for homework, or that assesses a student’s collective performance, such as a grade for a marking period or semester, only the assessing teacher or the superintendent of the school district in which the grade was assigned or, in the case of a charter school, the highest ranking administrative officer of the charter school may alter the student’s assigned grade. (b) If a superintendent or the highest ranking administrative officer alters a student’s assigned grade pursuant to subsection (a) of this section, the superintendent or administrative officer shall give written notice of the alteration to the teacher who assigned the grade and to the Secretary of Education. The notice must include the name of the student, the name of the teacher, the title of the course for which the grade was altered, the reason or reasons for the grade alteration, and the extracurricular activities in which the student has participated and intends to participate during the school year. Notice of grade alteration pursuant to this subsection is not subject to the provisions of the Freedom of Information Act, Chapter 100 of Title 29. (c) Review of grades issued by a teacher shall not be the sole criteria for the determination to not retain a teacher.

Del. Code tit. 14, § 4133 Physical Education/Physical Activity Pilot Program.

(a) For the 2006-07 school year there is established a Physical Education/Physical Activity Pilot Program in at least 6 of Delaware’s public elementary, middle or high schools to determine the potential for future expanded use to all of Delaware’s public schools. Each school in the pilot shall be required to provide at least 150 minutes per week of a combination of physical education and physical activity for each student. A pilot school shall not be penalized in any manner if a reasonable attempt has been made to provide the program to each student. (b) Each potential pilot school shall be required to provide a proposed plan that outlines how the school shall meet the requirements as specified in subsection (a) of this section and the application form developed by the Department of Education. This application shall include the delineation of any unmet funding needs related to, but not limited to, additional program and personnel costs to conduct the planned activities. To the extent funds are available, the Department shall provide for such unmet funding needs. (c) The Department of Education shall work with the selected pilot schools to develop and implement programs, following the Connections to Learning core principles, that meet the requirement that the school provide at least a 150-minute minimum in the combination of physical education and physical activity which may include physical education classes, recess, planned classroom breaks, and other identified activities. Training shall be provided by the Department of Education upon request. (d) The Department of Education shall conduct an evaluation of the pilot program which may be done in collaboration with an outside entity and shall report preliminary findings by May 15, 2007, and a final report by July 15, 2007, to the Secretary of Education, President Pro Tempore of the Senate, Speaker of the House of Representatives, Office of Management and Budget, Controller General’s Office and Chairpersons for the Joint Finance Committee.

Del. Code tit. 14, § 4134 Mandatory reporting of Delaware Healthy Children Program [CHIP] and Medicaid information.

(a) Each school district shall be required to report to the Department of Health and Social Services [DHSS] on or before November 1 of each calendar year beginning in 2008 the name, eligibility status, family income level, address, and telephone number of each child eligible for free and reduced price meals through programs subsidized by the National School Lunch Program, the School Breakfast Program, or the Special Milk Program for Children. (b) The information required by subsection (a) of this section shall be provided to the Department on a form and in a manner prescribed by the Department of Health and Social Services. (c) On or before August 1, 2008, and during each subsequent application or renewal period for free or reduced price meals, each school district shall notify in writing each parent/guardian whose child receives or seeks to receive free or reduced price meals that: (1) The child’s free or reduced price meal or free milk eligibility information will be disclosed to DHSS unless the parent or guardian elects not to have the information disclosed; (2) The parent/guardian is not required to consent to the disclosure, and the information, if disclosed, will be used solely to identify children eligible for and seek to enroll children in a free or reduced price health insurance program; and (3) The parent/guardian’s decision regarding disclosure will not affect the child’s eligibility for free or reduced price meals or free milk. (d) In connection with the disclosures required by subsection (c) of this section, the school district shall give the parent/guardian an opportunity to elect not to have information disclosed to DHSS. (e) Prior to August 1, 2008, each school district shall enter into a written, signed agreement with DHSS stating that: (1) DHSS will be receiving from the school district the names, eligibility status, family income level, address, and telephone number of each child eligible for free and reduced price meals through programs subsidized by the National School Lunch Program, the School Breakfast Program, or the Special Milk Program for Children; (2) DHSS will use the information received only to seek to enroll children in the State’s CHIP and Medicaid programs; (3) The information disclosed by the school district will be protected from unauthorized uses and disclosures (with specific steps to protect the information described); and (4) There are federal criminal penalties associated with unauthorized use or disclosure of the information disclosed by the school district (along with a description of the specific criminal sanctions). (f) The school districts shall cooperate with DHSS and the Office of the Insurance Commissioner in negotiating the agreements required by subsection (e) of this section, and may seek the assistance of the Insurance Commissioner in developing the form required by subsection (b) of this section. (g) “School district” as used in this section shall mean school district as defined at § 1002(5) of this title, along with vocational and technical school districts.

Del. Code tit. 14, § 4135 American Sign Language.

American Sign Language shall be recognized as and considered a world language for purposes of school curriculum and any course of instruction, involving any school district or public school in the State.

Del. Code tit. 14, § 4136 Limitation of trans fats in food and beverage available or served to students in public schools [See 78 Del. Laws, c. 48, § 2, for applicability to certain contracts].

(a) Public schools, including charter schools, and school districts, through a vending machine, school cafeteria or school food service establishment during school hours, shall not make available to students enrolled in kindergarten through grade 12 any food or beverage containing industrially produced trans fat, as defined in subsection (c) of this section, or use food containing industrially produced trans fat in the preparation of a food item served to those students. (b) This section shall apply to all food and beverages sold on school grounds during regular school hours and the extended school day. The extended school day includes activities such as clubs, yearbook, band and choir practice, student government, drama, and childcare/latchkey programs. The extended school day does not include school-based events where parents, families, and the wider community constitute a significant portion of the attendees such as interscholastic sports, school plays and dramatic performances, or other similar school functions. (c) For purposes of this section, a food contains industrially produced trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to United States Food and Drug Administration standards, lists the trans fat content as zero grams of trans fat per serving.

Del. Code tit. 14, § 4136A Prohibition on restricting student participation in extracurricular activities due to meal debt.

(a) For purposes of this section, “extracurricular activity” includes: (1) Band. (2) Clubs. (3) Homecoming. (4) Interscholastic sports. (5) Prom. (6) Student government. (7) Graduation ceremonies. (b) Local education agencies, including charter schools, may not prohibit a student from participating in or attending a school-sponsored extracurricular activity due to the student having an outstanding debt for unpaid school meals.

Del. Code tit. 14, § 4137 Alternative service models for school breakfast.

(a) Purpose. — The purpose of allowing for alternative service models for school breakfast is: (1) To increase the total number of public school, excluding charter school, students eating breakfast on school days; (2) To help improve the academic performance of these students; and (3) To improve the overall health of these students in the State. (b) Definitions. — For the purposes of this section: (1) “Alternative service model” means breakfast meal service that may include 1 or more of the following: a. Breakfast in the Classroom. b. Grab-and-Go Breakfast. c. Second-Chance Breakfast. (2) “Breakfast in the Classroom” means that breakfast meals are eaten in the classroom at the start of the school day. A breakfast meal can either be delivered to the classroom or be served from the cafeteria or a cart or kiosk placed within the school, the cafeteria, or another location deemed appropriate by the school. (3) “Community eligibility provision” means a provision from the Healthy, Hunger-Free Kids Act of 2010 [P.L. 111-296] that allows schools and local education agencies with high poverty rates to provide a breakfast and lunch to all students at no cost. (4) “Department” means the State of Delaware Department of Education. (5) “Free claiming percentage rate”, for the purposes of this program, means the identified student percentage of a school multiplied by a factor of 1.6. (6) “Grab-and-Go Breakfast” means that students are able to access a breakfast meal from a cart or kiosk placed within the school, the cafeteria or another location deemed appropriate by the school. (7) “Identified student percentage” means the number of students in a school directly certified for free meals (any student in a household receiving Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) plus any student identified as homeless, foster, migrant or runaway) between the period of July 1 through April 1 annually. (8) “National School Lunch Program” means the federal National School Lunch Act created in 42 U.S.C. § 1751 et seq. (9) “Reduced-price meal” means a meal a child is entitled to in the School Breakfast or National School Lunch Program where the family’s income is between 130 and 185 percent of the federal poverty threshold, published annually in the Federal Register as required by § 9 of the Richard B. Russell National School Lunch Act [42 U.S.C. § 1758]. (10) “School Breakfast Program” means the federal School Breakfast Program created in 42 U.S.C § 1773 et seq. (11) “Second-Chance Breakfast” means that students are offered the opportunity to obtain a breakfast meal at a time prior to the beginning of second period. (c) The Program. — Beginning in school year 2017-2018, every public school site, including charter school sites, participating in the community eligibility provision, shall be required to offer a breakfast at no cost to every student in the school through an alternative service model, which may be in addition to their traditional breakfast meal service. (d) Administration. — The Department may promulgate regulations regarding the implementation of this section.

Del. Code tit. 14, § 4137A Free School Meals Program [For application of this section, see 84 Del. Laws, c. 317, § 2].

(a) Definitions. — As used in this section: (1) “Department” means the Department of Education. (2) “National School Lunch Program” means the federal Richard B. Russell National School Lunch Act created in 42 U.S.C.§ 1751 et seq. (3) “Program” means the Free School Meals Program created under this section. (4) “Reduced-price meal” means a meal a child is entitled to receive under the School Breakfast Program or National School Lunch Program when the family’s income is between 130% and 185% of the federal poverty threshold, as published annually in the Federal Register, and as required under § 9 of the Richard B. Russell National School Lunch Act, 42 U.S.C. § 1758. (5) “School Breakfast Program” means the federal School Breakfast Program created in 42 U.S.C. § 1773 et seq. (b) All public schools that participate in the School Breakfast Program and National School Lunch Program must provide a breakfast meal and a lunch meal free of charge to any student who qualifies for a reduced-price meal with a maximum of 1 free meal for each meal service period. The meals provided free of charge under this Program must meet the meal pattern requirements under the School Breakfast Program and National School Lunch Program. (c) The Department shall reimburse all public schools participating in the Program. The amount of reimbursement, by the Department to each participating public school for each budget year, will be equal to the federal free reimbursement rate multiplied by the total number of eligible meals that the participating public school serves during the applicable budget year minus the total amount of reimbursement for eligible meals served during the applicable budget year that the participating public school receives under the School Breakfast Program and National School Lunch Program. (d) The Department may promulgate rules and regulations as necessary to implement this Program, including rules to maximize the amount of federal funding available to implement and operate this Program.

Del. Code tit. 14, § 4137B Red Dye 40 prohibited; school foods and beverages [For application of this section, see 85 Del. Laws, c. 27, § 2].

(a) For purposes of this section: (1) “Breakfast” means as defined in 7 C.F.R. § 220.2. (2) “Campus” means areas of the property under the jurisdiction of a school district or charter school that are accessible to students during the school day. (3) “Competitive food” means all foods and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act, 42 U.S.C. § 1751 et seq., and the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., available for sale through the school nutrition programs to students on campus during the school day. (4) “Department” means the Department of Education. (5) “Lunch” means as defined in 7 C.F.R. § 210.2. (6) “School day” means the period from the midnight before, to 30 minutes after, the end of the official school day. (b) A school district or charter school may not sell or serve breakfast, lunch, or competitive food on campus during the school day that contains Red Dye 40 (CAS no. 25956-17-6). (c) The Department may adopt rules or promulgate regulations to implement this section.

Del. Code tit. 14, § 4137C Free school breakfasts [For application of this section, see 85 Del. Laws, c. 65, § 33; 85 Del. Laws, c. 110, § 2].

(a) For purposes of this section: (1) “Breakfast” means as defined in 7 C.F.R. § 220.2. (2) “Community eligibility provision” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(f). (3) “Department” means the Department of Education. (4) “Provision 1” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(a). (5) “Provision 2” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(b). (6) “Provision 3” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(d). (7) “School Breakfast Program” means the federal School Breakfast Program, 42 U.S.C. § 1773 et seq. (b) A public school that participates in the School Breakfast Program shall make available a breakfast free of charge to any attending student regardless of household income. (c) (1) The Department shall reimburse a public school providing a free school breakfast under this section. (2) The Department may not reimburse a public school for more than 1 free breakfast per student per breakfast meal service. (3) Reimbursements must be made for each budget year. (4) Subject to paragraph (c)(2) of this section, reimbursements must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program. (d) This section does not apply to a school participating in any of the following: (1) Community eligibility provision. (2) Provision 1. (3) Provision 2. (4) Provision 3.

Del. Code tit. 14, § 4137D Prohibition of the sale of energy drinks on school campuses.

(a) For purposes of this section: (1) “Campus” means areas of property under the jurisdiction of a school district or charter school that are accessible to students. (2) “Energy drink” means a beverage that contains caffeine and is advertised as being specifically designed to provide energy, generally including a combination of methylxanthines, B vitamins, and herbal ingredients. An energy drink does not include a beverage that solely contains caffeine brewed or steeped from coffee beans or tea leaves. (3) “Extended school day” means any mandatory or voluntary school activity that students attend, including clubs, sporting events, band and choir practice, student government, drama performances, and school dances. (b) The sale of energy drinks is prohibited on all middle and high school campuses in this State during regular school hours and the extended school day. (c) This section does not limit possession or consumption by a student of an energy drink obtained off campus.

Del. Code tit. 14, § 4138 Cursive writing.

(a) Beginning in the 2018-2019 school year, every public elementary school shall teach cursive writing by the end of grade 4 as a component of English language arts. (b) Each board of education shall see that the requirements of subsection (a) of this section are complied with in the elementary schools under its respective jurisdiction.

Del. Code tit. 14, § 4139 Computer science.

(a) By the 2020-2021 school year, all public high schools, including charter schools, shall offer at least 1 computer science course. The Department of Education is directed to develop standards for computer science and seek approval of the State Board of Education of such standards no later than December 31, 2017. (b) Beginning with the 2018-2019 school year, the requirements to receive a Delaware diploma, pursuant to § 122(b)(3) of this title, shall permit an advanced placement, honors, college prep or integrated computer science course, meeting the computer science and mathematics standards, to be used to satisfy a mathematics graduation credit requirement with the exception of algebra I, geometry, algebra II, or the equivalent courses. Guidelines addressing the standards and content requirements for courses that satisfy the graduation requirements shall be developed by the Department, with the assent of the State Board of Education. (c) A public high school, including a charter school, may request a waiver of subsection (a) of this section requiring the public high school to offer at least 1 computer science course if it can be demonstrated that implementation of the requirement would be a burden either financially or programmatically to the public high school. The waiver request must be provided in writing to the Secretary of Education or designee who shall make the final decision whether to approve or deny the waiver request. The Department may promulgate regulation for implementation of this subsection.

Del. Code tit. 14, § 4140 Delaware School Safety and Security Fund.

(a) There is hereby created the Delaware School Safety and Security Fund to provide partial or full funding to school districts, vocational technical schools, or charter schools (LEAs) for projects intended to improve school safety or security. The fund shall initially be funded with $5,000,000, and shall thereafter be subject to available appropriations. The Department of Education shall maintain a list of all eligible schools, which shall be limited to high schools, middle schools, and elementary schools. (b) The Department of Education shall administer the Delaware School Safety and Security fund to provide funding to school districts, vocational technical schools, or charter schools (LEAs) for certain expenses incurred on or after June 30, 2022, for projects intended to improve school safety or security. The LEA, in conjunction with the Department of Education and Department of Safety and Homeland Security, shall determine which items to apply such funds to and the following expenses for the purposes of this section shall be considered minor capital, supporting implementation and programming expenditures and shall be eligible for such funds: (1) Camera and monitoring equipment. (2) Vestibule improvements to include framing, glass, hardware, and doors. (3) Panic button hardware or software to include electronic software applications and technology, cell phone technology and applications. (4) Door locks, window locks, or similar items. (5) Magnet security systems. (6) Swipe card systems. (7) Visitor pass cameras and security systems. (8) Door jamb opening sensors. (9) Lockdown drills. (10) Motion detectors. (11) Security lighting. (12) Bus camera security systems. (13) Bus GPS location systems. (14) Restraint training. (15) Comprehensive school threat assessments. (16) Prevention training and other programs effectively that teach youth and adults how to prevent school violence, shootings, and other harmful actions. Programs and training should be aligned with Collaborative for Academic, Social, and Emotional Learning (CASEL) competencies for social-emotional learning including relationship skills, social awareness, responsible decision-making and self-awareness. (c) In addition to the expenses allowed under subsection (b) of this section, the LEA, in conjunction with the Department of Education and the Department of Safety and Homeland Security, may apply such funds to pay for constables or other law-enforcement personnel to be utilized by the LEA. (d) The funds appropriated to the Delaware School Safety and Security Fund shall be distributed to the Department of Education and shall be allocated proportionately to LEAs based upon the previous year Division I unit count as certified in §§ 1704 and 1710 of this title. For purposes of this section, the provisions of § 7528(b) of Title 29 shall not apply. (e) The Department of Education and the Department of Safety and Homeland Security shall create a review process and establish a list of criteria for reviewing such requests from LEAs. (f) Charter schools shall not be eligible for improvements that would be considered major capital expenditures.

Del. Code tit. 14, § 4141 Holocaust instruction.

(a) (1) Each school district and charter school serving students in 1 or more of the grades 6 through 12 shall provide instruction on the Holocaust and genocide at least 1 time in each grade. (2) The instruction required under paragraph (a)(1) of this section may be provided through any of the following: a. An existing course that meets state standards. b. Curricula developed or identified by the school district or charter school. c. Curricula developed by the United States Holocaust Memorial Museum. (b) The study of the Holocaust serves as a frame of reference and prepares students to learn about other genocides throughout history. The study of the Holocaust and genocide is intended to do all of the following: (1) Examine the ramifications of prejudice, racism, and intolerance. (2) Prepare students to be responsible citizens in a pluralistic democracy. (3) Reaffirm the commitment of free peoples to never again permit such occurrences. (c) Instruction required under this section must be designed to do all of the following: (1) Prepare students to confront the immorality of the Holocaust, genocide, slavery, and other acts of mass violence and to reflect on the causes of related historical events. (2) Develop students’ respect for cultural diversity and help students gain insight into the importance of the protection of international human rights for all people. (3) Promote students’ understanding of how the Holocaust contributed to the need for the term “genocide” and led to international legislation that recognized genocide as a crime. (4) Stimulate students’ reflection on the roles and responsibilities of citizens in democratic societies to combat misinformation, indifference, and discrimination through tools of resistance such as protest, reform, and celebration. (5) Provide students with opportunities to contextualize and analyze patterns of human behavior by individuals and groups who belong in 1 or more categories, including perpetrator, collaborator, bystander, victim, and rescuer. (6) Enable students to understand the ramifications of prejudice, racism, and stereotyping. (7) Preserve the memories of survivors of genocide and provide opportunities for students to discuss and honor survivors’ cultural legacies. (8) Provide students with a foundation for examining the history of discrimination in this State. (9) Explore the various mechanisms of transitional and restorative justice that help humanity move forward in the aftermath of genocide. (d) In establishing and implementing a curriculum on the Holocaust and genocide under this section, a school district or charter school may consult with organizations that have the primary purpose of providing education about the Holocaust, including the Halina Wind Preston Holocaust Education Committee of the Jewish Federation of Delaware. (e) School districts and charter schools shall provide in-service training required under this section within the contracted school year. (f) (1) No later than June 20 each year, each school district and charter school shall report to the Department of Education regarding how the school district or charter school implemented the requirements under this section. (2) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.

Del. Code tit. 14, § 4142 Free feminine hygiene products in schools.

(a) For the purposes of this section, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle. (b) By the 2022-2023 school year, all public and charter schools maintaining any combination of grades 4-12 shall provide free feminine hygiene products in a minimum of ½ of bathrooms, including those designated nongender conforming, used by students who can have a menstrual cycle. (c) Schools must publish on the school’s website and post in the school’s common areas the locations of the bathrooms where feminine hygiene products are provided. Such information should be updated if bathroom locations are changed. (d) Each school must consult with its school nurse regarding the feminine hygiene products to be provided.

Del. Code tit. 14, § 4143 Black history instruction.

(a) (1) Each school district and charter school serving students in 1 or more of the grades K through 12 shall provide instruction on Black history. (2) The instruction required under paragraph (a)(1) of this section is provided through curricula developed or identified by the school district to charter school. (3) At a minimum, Black history curricula must include all of the following: a. The history and culture of Black people prior to the African and Black diaspora, including contributions to science, art, and literature. b. The significance of enslavement in the development of the American economy. c. The relationship between white supremacy, racism, and American slavery. d. The central role racism played in the Civil War. e. How the tragedy of enslavement was perpetuated through segregation and federal, state, and local laws. f. The contributions of Black people to American life, history, literature, economy, politics, and culture. g. The socio-economic struggle Black people endured, and continue to endure, in working to achieve fair treatment in the United States; as well as the agency they employ in this work for equal treatment. h. Black figures in national history and in Delaware history. (4) The curricula developed must rely heavily on primary sourcing to receive a true perspective of the Black experience inclusive of the triumphs, setbacks, and contributions of Black persons. (5) The curricula developed must ensure the material is presented in an age appropriate manner. (b) The study of Black history serves to educate students about how Black persons were treated throughout history in this country. The study of Black history is intended to do all of the following: (1) Examine the ramifications of prejudice, racism, and intolerance. (2) Prepare students to be responsible citizens in a pluralistic democracy. (3) Reaffirm the commitment of free peoples to the U.S. Const. amend. 13. (c) Curricula required under this section must be designed to do all of the following: (1) Be trauma-responsive and recognize the impact of racial and historical trauma on students. (2) Stimulate students’ reflection on the roles and responsibilities of citizens in democratic societies to combat racism, inequality, and discrimination through tools of resistance such as protest, reform, and celebration. (3) Incorporate contemporary events into discussions of Black history and the tools of resistance. (4) Develop students’ respect for cultural and racial diversity. (5) Enable students to understand the ramifications of prejudice, racism, and stereotyping. (6) Provide opportunities for students to discuss and uplift the Black experience. (7) Provide students with a foundation for examining the history of discrimination in this State. (8) Explore the various mechanisms of transitional and restorative justice that help humanity move forward. (d) The Department of Education shall develop and make publicly available a list of resources to assist a school district or charter school in creating Black history curricula. The Department shall consult with organizations that provide education about the experiences of Black people, or seek to promote racial empowerment and social justice, including the following: (1) The National Association for the Advancement of Colored People (“NAACP”). (2) Africana studies programs at Delaware State University and the University of Delaware. (3) Delaware Heritage Commission. (4) Metropolitan Wilmington Urban League. (5) Black student coalitions. (6) Delaware Black Student Coalition. (7) Eastern Shore AFRAM. (e) School districts and charter schools shall provide in-service training required under this section within the year. (f) (1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programming provided under this section. Each school district and charter school shall provide the name and contact information for the individual designated under this subsection to the Department of Education no later than September 15 of each year. (2) Each individual designated under paragraph (f)(1) of this section shall report to the Department of Education no later than November 15 of each year regarding how the curriculum has been implemented by that individual’s school district or charter school. (3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than January 15 of each year. The report must include the educational programming provided under paragraph (a)(3) of this section and how the curricula has been implemented by each school district and charter school. (g) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.

Del. Code tit. 14, § 4144 Pupil identification cards; publication of safety hotline numbers.

(a) All public schools serving pupils in grades 7 to 12 that issue pupil identification cards shall have printed on either side of the pupil identification card the following public safety telephone or text numbers: (1) National Suicide Prevention Lifeline: Call or text “988”. (2) National Domestic Violence Hotline: 1-800-799-7233 (SAFE). (3) Crisis Text Line:Text “DE” to 741741. (4) Teen Dating Violence Hotline: 1-866-331-9474 or Text “loveis” to 22522. (5) Stop Bullying Now Hotline: 1-800-273-8255(TALK). (b) All public schools serving pupils in grades 7 to 12 that issue pupil identification cards, in addition to printing the required public safety numbers listed in subsection (a) of this section on the pupil identification cards, may also print the following telephone number for the National Sexual Assault Hotline: 1-800-656-4673(HOPE). (1)-(3) [Repealed.] (c) If any of the numbers listed in subsection (a) or (b) of this section have been updated, the most updated numbers must be printed on the pupil identification card when the card is reissued or reprinted. (d) If a public school has unissued pupil identification cards that do not comply with the requirements of subsection (a) of this section, the school may continue to issue the identification cards until the school’s supply of identification cards depleted.

Del. Code tit. 14, § 4145 Evidence-based reading curricula.

(a) (1) The Department of Education (Department) shall maintain a list of evidence-based, reading instruction curricula for grades kindergarten through 3 in school districts and charter schools. A curriculum on this list must meet all of the following requirements: a. Align with evidence-based reading instruction in the essential components of reading based on science of reading research, as listed under § 1280(c)(3) of this title. b. Include a logical scope and sequence that is sequential, systematic, and cumulative. c. Include or support the use of high-quality instructional materials. (2) The Department shall maintain all of the following on the Department website: a. The current list of curricula under paragraph (a)(1) of this section. b. The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1) of this section. (3) a. The Department shall provide a process through which school districts and charter schools can submit an application for Department approval of an alternative curriculum that meets the requirements under paragraph (a)(2)b. of this section. b. The Department shall add curricula approved under paragraph (a)(3)a. of this section to the list under paragraph (a)(2)a. of this section. (b) If a school district or charter school serves students in 1 or more of the grades kindergarten through 3, the school district or charter school must do all of the following before the beginning of the 2027-2028 school year: (1) For students served in grades kindergarten through 3, adopt a reading instruction curriculum from the list under subsection (a) of this section. (2) Approve competency-based professional development for educators providing reading instruction. This professional development must be completed during the contractual day and must be high-quality professional learning aligned with the essential components of evidence-based reading instruction, including any of the following: a. Professional learning associated with the curriculum adopted under paragraph (b)(1) of this section. b. Attainment of microcredentials. (3) Identify an individual responsible for assisting each school with the implementation of the curricula adopted under paragraph (b)(1) of this section. (4) Demonstrate that all educators responsible for reading instruction or coaching have completed approved professional development under paragraph (b)(2) of this section, including all educators identified or certified as any of the following: a. Elementary teacher. b. School reading specialist. c. Reading interventionist. d. Special education teacher of students with disabilities. e. The individual identified, under paragraph (b)(3) of this section. f. Literacy coach. g. A literacy cadre position. (c) On or before October 31 and June 30 of each year, each school district and charter school must report all of the following to the Department for the Department’s annual report: (1) The curricula adopted under this section. (2) The individuals identified under paragraph (b)(3) of this section and each individual’s responsibilities for approving and providing professional development required under paragraphs (b)(2) and (b)(4) of this section. (3) How the school district or charter school will ensure that educators have access to and have successfully completed the professional development required under paragraph (b)(4) of this section. (d) (1) On or before August 30 of each year, the Department shall produce an annual report that provides all of the following: a. A list of the curricula adopted under subsection (a) of this section and the number of schools that have adopted each curriculum listed. b. The number of educators who have received each type of professional development provided under paragraph (b)(2) of this section. c. The percentage of the educators required to receive professional development under paragraph (b)(4) of this section that have successfully completed that professional development. d. Longitudinal data analysis for each district and charter school of the data collected in the October 31 and June 30 submissions required under subsection (c) of this section.

Del. Code tit. 14, § 4146 Media literacy [For application of this section, see 83 Del. Laws, c. 417, § 2].

(a) For purposes of this section: (1) “Media literacy” means the ability to access, analyze, evaluate, create, and take action with all forms of communication, and encompasses the foundational skills of digital citizenship and internet safety including the norms of appropriate, responsible, ethical, and healthy behavior, and cyberbullying prevention. (2) “Digital citizenship” means the diverse set of skills related to current technology and social media including the norms of appropriate, responsible, and healthy behavior. (b) (1) The Department of Education (Department) shall adopt evidence-based, media literacy standards (standards) for use by each school district and charter school serving students in 1 or more of the grades kindergarten through 12. (2) The Delaware State Librarian and school districts and charter schools, including certified school librarians, may provide technical expertise to the Department regarding the standards. (c) The standards and instructional materials must be age-appropriate and must address appropriate, responsible, and healthy online behavior, including all of the following: (1) The purpose and acceptable use of different social media platforms. (2) Understanding the negative impact of inappropriate technology use, including online bullying and harassment, hacking, intentional virus setting, invasion of privacy, and piracy of software, music, video, and other media. (3) Social media behavior that promotes cybersafety, cybersecurity, and cyberethics, including etiquette, safety, security, and the identification of hate speech. (4) Identifying credible sources of information and how to access, analyze, evaluate, create, and participate in all forms of digital communication. (5) Critical thinking skills, including all of the following: a. Understanding how media messages shape culture and society. b. Identifying target-marketing strategies and naming techniques of persuasion used. c. Recognizing bias and misinformation by discovering parts of the story that are not being told and evaluating media messages based on personal experiences, skills, beliefs, and values. (6) Identifying the purpose of media messages and how they are constructed, including all of the following: a. Explicit and implicit media messages. b. Values and points of view that are included and excluded. c. How the media may influence ideas and behaviors. d. The importance of obtaining information from multiple sources. (d) Every 3 years, the Department shall prepare a written report, no later than July 31, that includes the educational programming provided under this section and how the school districts and charter schools implemented the standards under this section. The Department shall send this report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives. (e) The Department, with the approval of the State Board of Education, may promulgate regulations necessary to implement and enforce this section.

Del. Code tit. 14, § 4147 Delaware Public Education Equity Ombudsperson Program; codification; purpose.

(a) The Delaware Public Education Equity Ombudsperson Program (Program) is hereby established and adopted in place of the contractual program currently maintained by the Department of Education. The expanded Program shall be maintained by the Department of State. (b) The purposes of the Program are as follows: (1) To address issues involving both individual students and systemic reform where inequities arise for students who are of low socioeconomic status or members of a protected class under Delaware state or federal law. (2) To provide nonlegal intervention and assistance with schools, districts, and the Department of Education to resolve disputes or complaints concerning disparate discipline, inequitable access to school programs, or otherwise different or unfair treatment of students, particularly those who are members of protected classes or of low socioeconomic status. (3) To support schools, districts, and the Department of Education to develop and revise policies and regulations to improve education equity. (4) To provide information and resources regarding research-based best practices to ensure equity, including discipline, academic, teacher diversity, effective instruction, curriculum, social emotional learning and extended learning supports. (5) To assist in finding legal assistance for students or families where nonlegal advocacy fails or where the nature of the dispute warrants legal assistance. (c) The Program shall be run through a nonprofit, nonstate entity that is contracted for a period of 3 years by the Department of State through a request for proposal (RFP) process. The Department of State is the contracting entity, but RFP development and award decisions shall be made in consultation with the Education Equity Council as set forth under § 4148 of this title. (d) The Program staff shall be available to act as nonlawyer advocates for students and their families in any proceedings conducted by schools or local, Delaware state, or federal education agencies. (e) (1) The Program may, if it determines it to be appropriate and desirable, refer systemic matters to attorneys for further investigation and action. The Program may refer individual matters for legal services, if requested by the family, when any of the following conditions are met: a. Reasonable efforts have been made to resolve the issue with the school, district, and/or Department of Education and such attempts have been unsuccessful. b. The nature of ongoing harm to the student is such that immediate legal intervention is in the best interest of the student. (2) Funds appropriated to the Program may be used to: a. Procure general legal counsel regarding the scope of rights and protections under local, state, or federal education law; or b. Pay a lawyer for assistance with, attendance at, or representation in administrative proceedings and appeals, including appeals taken to Delaware state or federal courts. In no event may Program funds be used to pay for preparation of, commencement of, participation in, or advising upon litigation or other proceedings against the State or its agencies, employees, or officials except as permitted in the preceding sentence. (f)(1) The Program shall annually provide a report to the Education Equity Council, the Governor, the Chairs of the House and Senate Education Committees, the State Board of Education, the Department of Education, the Chairs of the Joint Finance Committee, the Controller General, the Director and the Librarian of the Division of Legislative Services, and the Public Archives that contains at least the following information: a. The number of students served by the Program in each of the preceding 3 years. This shall include a breakdown of students by grade level (elementary, middle, or high school), school district, school, race, gender, disability status, and socioeconomic status. b. The number of students referred to a legal services provider or pro bono attorney. c. The category of the problem the Program assisted with, including academic concerns, disciplinary issues, attendance, transportation, safety, bullying, or harassment. d. The number of employees or consultants engaged by the Program. For employees, whether they are full- or part-time, and for consultants, the number of hours worked over the course of the contract period. e. Systemic equity issues identified by the Program, and recommended solutions. f. The amount spent on legal services or otherwise paid to a lawyer or a law firm. g. The number of referrals made to a lawyer, law firm, or legal services agency, including the category of the problem faced by the student, and whether the referral was made to a nonprofit legal services agency or a private attorney or law firm. (2) The report required by this paragraph may not include any personal identifying information for any student or their family and must comply with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R Part 99.

Del. Code tit. 14, § 4148 Educational Equity Council.

(a) The Educational Equity Council (Council) is formed for the purpose of providing input and oversight into the Education Equity Ombudsperson Program (Program) and to study and recommend solutions to ongoing or systemic equity problems. (b) The Council is composed of the following voting members: (1) One family member representative nominated by the chair of the Governor’s Advisory Council on Exceptional Citizens and appointed by the Chair of the House Education Committee. (2) One member of the Delaware Hispanic Commission, nominated by the Delaware Hispanic Commission and appointed by the Governor. (3) Two parents of children who attend Title I schools, nominated by not-for-profit community organizations engaged in education issues, and appointed by the Chair of the House Education Committee. (4) One community representative nominated by not-for-profit community organizations engaged in education equity issues and appointed by the Chair of the Senate Education Committee. (5) Two educators nominated by the Delaware State Education Association and appointed by the Chair of the House Education Committee, each of which meets at least 1 of the following criteria: a. Has 1 or more children who are members of a class protected from discrimination under Delaware and federal laws and regulations. b. Was as a child educated for a minimum of 6 years in a Delaware Title I school or was a child with a disability or whose first language was not English. c. Is currently a classroom educator in a Title I school or is a special education certified classroom teacher or is an English language classroom educator specializing in teaching students whose first language is not English. (6) Three members nominated by the NAACP Delaware State Conference of Branches, 1 from each county, and appointed by the Chair of the Senate Education Committee. (7) The Secretary of State, or the Secretary’s designee. (8) Two members of the House of Representatives, 1 from the majority party and 1 from the minority party, appointed by the Speaker of the House. (9) Two members of the Senate, 1 from the majority party and 1 from the minority party, appointed by the President Pro Tempore. (10) A member of the Delaware Association of School Administrators, nominated by the Delaware Association of School Administrators and appointed by the Governor. (11) A member of a school board appointed by the Chair of the Senate Education Committee. (c) The Council is additionally composed of the following nonvoting members: (1) A member of the Delaware State Education Association, appointed by the Chair of the House Education Committee. (2) One school or district administrator of Title I programs nominated by the Delaware Association of School Administrators and appointed by the Chair of the Senate Education Committee. (3) One school or district administrator of Title III programs nominated by the Delaware Association of School Administrators and appointed by the Chair of the House Education Committee. (4) One school or district administrator of programs for students with disabilities nominated by the Delaware Association of School Administrators and appointed by the Chair of the Senate Education Committee. (5) The Secretary of Education, or the Secretary’s designee. (6) One school district chief financial officer nominated by the Delaware Association of School Business Officers and appointed by the Chair of the House Education Committee. (7) A member of the Delaware Chief School Officers Association appointed by the Governor. (8) A charter school leader appointed by the Governor. (d) The public members of the Council shall serve for terms of 3 years; provided, however, that the initial terms may be of lengths of 1, 2, or 3 years in order to stagger the terms. A member appointed to the Council may continue to serve until such time as the member’s replacement has been appointed or the member’s term renewed. A member may serve no more than 2 consecutive terms, and then must be off of the Council for at least 3 years prior to being eligible for reappointment. (e) The Secretary of State, or the Secretary’s designee, shall serve as the temporary chair of the Council and shall do all of the following: (1) Set a date, time, and place for the initial organizational meeting. (2) Notifying the individuals who are members of the Council of the formation of the Council and notifying those persons who are responsible for nominating or appointing a member. (f) At the first meeting of the Council, the members shall elect a chair from among the voting members. (g) The Department of State shall provide administrative support to the Council. (h) The duties of the Council are as follows: (1) To work with the Department of State to annually develop a request for proposal or renewal for the Program. (2) To approve the awarding of the contract for the Program. The Council may appoint a subcommittee to review and consult with the Department of State on the award of the contract for the Program. (3) To meet at least twice each year to review the operation and effectiveness of the Program. (4) To provide recommendations to the Program to improve its effectiveness. (5) To provide recommendations to the General Assembly and the Department of Education to improve equity in the public educational system. (i) The Council may request, and the Department of Education shall provide, or work with districts and charters to provide, global data that is relevant to student equity. The provision of such data must comply with the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R Part 99.

Del. Code tit. 14, § 4149 Vision screening.

(a) For purposes of this section, “vision screening” means a screening performed by the school nurse or other qualified healthcare professional in accordance with the Delaware School Nurse Manual. “Vision screening” includes a test for color blindness. (b) Each school district and charter school must provide a vision screening to each student enrolled in kindergarten. Students in subsequent grade levels shall receive vision screenings at appropriate intervals to be determined by the Department. All new students to a district or charter school must receive a vision screening in a nontesting year if there is no record of a vision screening in the student’s electronic health record. (c) The school shall record the results of the vision screening within the student’s electronic health record. (d) If a student fails a vision screening, the school must notify the student’s parent, guardian, or relative caregiver.

Del. Code tit. 14, § 4150 Type 1 diabetes informational material.

(a) The Department of Health and Social Services, in consultation with the Department of Education, shall post existing appropriate informational materials on type 1 diabetes on the Department of Health and Social Services’ website. Each local education agency shall make the informational materials available to the parents or guardians of students enrolled in their schools. (b) The informational materials shall include all of the following: (1) A description of type 1 diabetes. (2) A description of the risk factors and warning signs associated with type 1 diabetes. (3) A recommendation that the parents or guardians of a student displaying warning signs of type 1 diabetes consult with the student’s primary care provider to determine if immediate screening for type 1 diabetes is appropriate. (4) A description of the screening process for type 1 diabetes and the implications of test results. (5) A recommendation that, following a type 1 diabetes diagnosis, parents or guardians should consult with the student’s primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a qualified specialist, such as an endocrinologist.

Del. Code tit. 14, § 4151 Title IX requirements.

(a) Any school that receives federal funding and is subject to the requirements of Title IX [20 U.S.C. § 1681 et seq.] shall ensure that students, staff, and faculty are protected from sex-based discrimination, including sex-based harassment. (b) Any school that receives federal funding and is subject to the requirements of Title IX shall prominently post on their school webpage a section regarding the school’s responsibilities to Title IX. The webpage must contain all of the following: (1) A brief description of the roles and duties of Title IX administrators: a. The roles and duties of a Title IX coordinator. b. The roles and duties of a Title IX investigator. c. The roles and duties of a Title IX decision-maker. (2) The name, email address, office address, and phone number of the Title IX coordinator for the school. (3) A link to the school’s policy manual related to Title IX. (4) The right of a student, staff, and faculty to file a complaint to start an investigation into a report of sex-based discrimination, including sex-based harassment. (5) A link to the appropriate form to make a complaint. (6) A link to the most recent version of the frequently asked questions webpage regarding Title IX from the U.S. Department of Education’s Office for Civil Rights. (7) The right of a student, staff, and faculty who reports sex-based discrimination, including sex-based harassment, to receive supportive measures, regardless of whether there is an investigation. (8) Provide an explanation of and list of examples of supportive measures that may be available to assist students, staff, and faculty who report sex-based harassment. (c) At the beginning of the academic school year, every Title IX coordinator shall provide a written reminder to all school staff and faculty regarding the school’s policy for reporting sex-based discrimination, including sex-based harassment, and how to make a report pertaining to sex-based discrimination or sex-based harassment.

Del. Code tit. 14, § 4152 Financial literacy education as a required ½ credit.

(a) For purposes of this section: (1) “Charter school” means a public school established under Chapter 5 of this title. (2) “Department” or “DOE” means the Department of Education. (3) “School district” means a clearly defined geographic subdivision of this State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education. (b) A school district or charter school serving high school students shall provide, at a minimum, a ½ credit on financial literacy. (1) A standards-aligned curriculum with high rigorous instructional materials that includes assessments. (2) Opportunities for high-quality initial and ongoing professional learning made available to teachers by the local education agency. (c) Beginning with students entering grade 9 in the 2026 through 2027 school year, students must successfully complete a ½ credit in financial literacy as part of the social studies or elective credits required to receive a high school diploma issued under § 152(a) of this title. (d) School districts and charter schools are encouraged to partner with private or public enterprises or individuals to add value to the student experience in the ½ credit required under subsection (b) of this section. These partnerships may include serving as expert class presenters on financial literacy topics, sponsoring student competitions, awarding scholarships for outstanding achievements, and sponsoring or providing teacher professional development, or serving as expert presenters. (e) The Department, with the approval of the State Board of Education, shall adopt or update regulations to implement this legislation. (f) The ½ credit must be aligned to the current financial literacy standards.

Del. Code tit. 14, § 4161 Definitions [For applicability of section, see 83 Del. Laws, c. 407, § 2].

For purposes of this subchapter: (1) “Adult sexual misconduct” is any activity, physical, sexual, or otherwise, directed to a student with the objective of developing a romantic or sexual relationship. (2) “Bullying” means any intentional written, electronic, verbal, or physical act against another student, a school district or charter school volunteer, or a school district or charter school employee that a reasonable person under the circumstances should know will have any of the following effects: a. Place a student, school district or charter school volunteer, or school district or charter school employee in reasonable fear of substantial harm to the student’s, volunteer’s, or employee’s emotional or physical well-being or substantial damages to the student’s, volunteer’s, or employee’s property. b. Create a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target. c. Interfere with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. d. Perpetuate bullying by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another student, school district or charter school volunteer, or school district or charter school employee. (3) “Charter school” means a public school established under Chapter 5 of this title. (4) “Child abuse” means causing or inflicting any of the following on a child: a. Sexual abuse. b. Serious physical injury or death, or physical injury through unjustified force not permitted under § 468 of Title 11. For purposes of this paragraph (4)b., “serious physical injury” and “physical injury” mean as defined in § 222 of Title 11. c. Emotional abuse. d. Torture. e. Exploitation. f. Maltreatment or mistreatment. (5) “Child sexual abuse”, “sexual abuse”, or “sexually abused” means the commission of any act that is listed in the definition of sexual offense in § 761 of Title 11. (6) “Consent” means the unambiguous, voluntary, and freely given agreement by all participants in each physical act in the course of sexual activity, including respect for personal boundaries. Consent does not include any of the following: a. The lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another individual in fear. b. A current or previous dating, social, or sexual relationship. (7) “Criminal youth gang” means as defined in § 617(a) of Title 11. (8) “Grooming for the purpose of sexual contact” means actions, interactions, communications in any capacity, and behaviors by a person of trust to build a relationship with a student or individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place. (9) “Parent” means a natural parent, an adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title. (10) “Personal body safety” means understanding the difference between appropriate and inappropriate touching and how to communicate inappropriate behavior to a trusted adult. (11) “Protective hairstyle” includes braids, locks, and twists. (12) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (13) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education. (14) “School district and charter school employee,” “school district or charter school employee,” or “employee” means all individuals, including teachers, school administrators, school support personnel, instructional aides, nurses, school counselors, coaches, custodial staff, and nutrition staff, hired by a school district or charter school or a program established under Chapter 16 of this title, who provide services to students on a regular, ongoing basis. “School district and charter school employee,” “school district or charter school employee,” or “employee” does not include contractors or subcontractors, such as bus drivers or security guards; substitute employees; and individuals hired by or subcontracted by other state agencies to work on school property. (15) “Sexual assault” means any unwanted sexual behavior committed by a perpetrator who is a stranger to the victim or by a perpetrator who is known by the victim or related to the victim by blood or marriage. “Sexual assault” includes the following behaviors: sexual harassment, as defined in § 763 of Title 11; sexual contact, as defined in § 761 Title 11; sexual intercourse, as defined in § 761 of Title 11; sexual penetration, as defined in § 761 of Title 11; and sexual abuse. (16) “Sexual contact” has the same meaning as defined in § 761 of Title 11. (17) “Sexual penetration” has the same meaning as defined in § 761 of Title 11. (18) “Teen dating violence” means assaultive, threatening, or controlling behavior, including stalking as defined in § 1312 of Title 11, that one person uses against another person in order to gain or maintain power or control in a current or past relationship and can occur in both heterosexual and same sex relationships and in serious or casual relationships.

Del. Code tit. 14, § 4162 Child safety awareness, prevention, and other nonacademic trainings [For applicability of section, see 83 Del. Laws, c. 407, § 2].

(a) Each school district and charter school shall require its employees to receive 9 hours of training every 3 years consisting of all of the following: (1) Four hours of a child abuse and child safety awareness, prevention, detection, and reporting training program established under § 4163(b)(1) of this title. (2) One hour of a school bullying prevention and criminal youth gang detection training program established under § 4164(a) of this title. (3) Three hours of a suicide prevention training program established under § 4165(a) of this title, with each school district and charter school employee receiving 60 minutes of suicide prevention training each year. (4) One hour of additional, nonacademic training programs that are evidence-based, whenever available, and are related to a training subject required by this subchapter, as selected by the school district or charter school. (b) Each school district and charter school shall require a school administrator, school nurse, or school counselor serving 1 or more of the grades in grades 7 through 12 to receive 1 hour of a teen dating violence and sexual assault training program established under § 4166(a) of this title every 3 years. This training may be included in paragraph (a)(4) of this section. (c) Notwithstanding subsection (a) of this section, a school district or charter school shall require all of the following: (1) That a new school district or charter school employee receive 1 hour of a child abuse detection and reporting training program established under § 4163(b)(1) of this title within 30 days of employment with the school district or charter school, unless the new school district or charter school employee received such training within the last year. (2) That a new school administrator, school nurse, or school counselor serving 1 or more of the grades in grades 7 through 12 in a school district or charter school receive 1 hour of a teen dating violence and sexual assault training program established under § 4166(a) of this title within 1 year of employment in that position. (3) That a new school district or charter school employee receive 1 hour of bullying prevention and criminal youth gang detection training program established under § 4164(a) of this title within 1 year of employment in that position. (4) That a new school district or charter school employee receive 1 hour of a suicide prevention training program established under § 4165(a) of this title within 1 year of employment in that position. (d) A school district or charter school shall provide any in-service training required under this section within the contracted school year as provided in § 1305(e) of this title. (e) A school district or charter school may provide the trainings required under this section to any of its volunteers or contractors. (f) The Department shall require early intervention service providers to receive 3 hours of a child abuse and child safety awareness, prevention, detection, and reporting training program established under § 4163(b)(1) of this title. (g) The Department of Education shall develop regulations that create a schedule for all trainings under this section.

Del. Code tit. 14, § 4163 Child abuse and child safety awareness, prevention, detection, and reporting [For applicability of section, see 83 Del. Laws, c. 407, § 2; 85 Del. Laws, c. 223, § 3].

(a) [Repealed.] (b) Educational programming. — The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families shall identify and maintain educational programming to be used by each school district and charter school for informing school district and charter school employees, students, and parents about personal body safety and child abuse and about how to detect and report child abuse. The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families, in collaboration with the Department of Education, must review the educational programming and trainings required under this subsection every 3 years, at a minimum, and update the educational programming and trainings as needed to be relevant to Delaware students and conform with best practices. The educational programming must include all of the following: (1) Training and education for school district and charter school employees that is evidence-based, whenever available, in order to raise awareness of issues regarding personal body safety, child abuse, child safety, sexual extortion, and adult sexual misconduct in schools. The training and education must include all of the following: a. Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct. b. Techniques for responding when child abuse is suspected or disclosed. c. Skills and policies to prevent inappropriate sexual misconduct. d. Skills and policies to establish appropriate adult and student interactions. e. Warning signs of inappropriate interactions with students by school employees, contractors, coaches, or volunteers. f. Mandatory reporting requirements under § 903 of Title 16. g. Applicable state and federal civil and criminal laws and penalties for violations of such laws. (2) a. Evidence-based, whenever available, age-appropriate instruction for students enrolled in grades pre-kindergarten through 12 that is related to personal body safety, sexual abuse, other forms of child abuse, and sexual extortion. The instruction must include information on the difference between appropriate and inappropriate conduct and the actions that a child may take to be protected from sexual abuse and other forms of child abuse. The instruction must be designed to build on skills learned the previous year. b. The instruction about sexual extortion must include age-appropriate instruction on the dangers and consequences of sexual extortion and resources for online safety. (3) Information for parents of students enrolled in grades pre-kindergarten through 12, online or in-person upon request, on all of the following: a. Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct. b. Effective, age-appropriate methods for discussing personal body safety and child abuse, including sexual abuse and adult sexual misconduct. c. Resources for reporting suspected child abuse, including sexual abuse and adult sexual misconduct. d. Counseling and other resources available to a child who has been the victim of child abuse, including sexual abuse and adult sexual misconduct. e. Warning signs of adult sexual misconduct, including the derivative grooming of parents. f. Counseling and other resources available to parents. g. Effective, age-appropriate ways to discuss sexual extortion. h. Warning signs that a child may be a victim of sexual extortion. (4) Each school district and charter school shall require a school administrator, school nurse, or school counselor to receive training in addition to the requirements set forth in paragraph (b)(1) of this section. The training and education must be evidence-based, whenever available, and must include all of the following: a. Strategies for the prevention of misconduct and compliance with policies concerning the prevention of misconduct. b. Strategies for the establishment of appropriate adult and student interactions by school employees, contractors, coaches, and volunteers. c. Skills for responding to student disclosures of adult sexual misconduct, with an emphasis on disclosures that involve sexual grooming. d. Coordination with law enforcement and Title IX coordinators for any suspected violation of applicable policies or civil or criminal law, including the crime of “sexual extortion” as defined in § 774 of Title 11. e. Measures to promote school recovery after an incident of adult sexual misconduct. f. Obligations under district and charter school policies and state and federal law, including mandatory reporting requirements under § 903 of Title 16. g. Skills for interviewing and completing reference checks on potential employees. (c) Role of the Department of Education. — The Department of Education shall provide technical expertise to assist the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families in their identification of educational programming under subsection (b) of this section and the Department of Education shall make a list of the approved educational programing available to each school district and charter school. (d) Implementation of training program. — Each school district and charter school shall implement the educational programming provided under subsection (b) of this section as follows: (1) The educational programing provided under paragraph (b)(1) of this section must be provided to all of its employees as required by § 4162 of this title. (2) The educational programing provided under paragraph (b)(2) of this section must be provided to all students enrolled in grades pre-kindergarten through 6 through health education programs or related classes. (3) The educational programing provided under paragraph (b)(3) of this section must be provided to parents of students enrolled in grades pre-kindergarten through 6 through written materials, available online through the school district’s or charter school’s website or in hard copy upon a request by parents, on an annual basis and may be provided through live presentations. (e) Notification of parents. — Prior to providing any instruction under paragraph (d)(2) of this section, each school district and charter school shall inform the parent of any student enrolled in grades pre-kindergarten through 6 in writing that the parent may examine and review the educational materials before the materials are taught. (f) Accountability. — (1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programing provided under subsection (b) of this section. Each school district and charter school shall provide the name and contact information for the individual designated under this subsection to the Department of Education no later than November 15 of each year. (2) Each individual designated under paragraph (f)(1) of this section shall report to the Department of Education no later than November 15 of each year how the educational programming has been implemented by that individual’s school district or charter school. (3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (b) of this section and how the curriculum has been implemented by each school district and charter school under subsection (d) of this section. (g) (1) Each school in a school district and each charter school shall post, in a conspicuous location where notices to students are customarily posted, the number for the toll-free telephone report line for child abuse and neglect as established under § 905 of Title 16. The posting must be made in English and Spanish and must be made in a format and language that is clear, simple, and understandable to students. (2) There is no private right of action for a violation of this subsection. (h) Short title. — This section shall be known and may be cited as “Erin’s Law.” (i) Nothing in this section shall be construed to limit reporting obligations under Chapter 9 of Title 16.

Del. Code tit. 14, § 4164 School bullying awareness and prevention; criminal youth gang detection.

(a) School bullying prevention and criminal youth gang detection training program. — The Department of Justice and the Department of Education, in collaboration with law-enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators, shall identify and maintain a school bullying prevention and criminal youth gang detection training program for school district and charter school employees. The Department of Justice and the Department of Education, in collaboration with law-enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators, must review these trainings every 3 years, at a minimum, and update the trainings as needed to be relevant to Delaware students and conform with best practices. (b) Prohibition of bullying. — (1) Each school district and charter school shall prohibit bullying and reprisal, retaliation, or false accusation against a target, witness, or one with reliable information about an act of bullying. (2) Each school district and charter school shall establish a policy which, at a minimum, includes all of the following components: a. A statement prohibiting bullying of any person on school property or at school functions or by use of data or computer software that is accessed through a computer, computer system, computer network, or other electronic technology of a school district or charter school from kindergarten through grade 12. For purposes of this section, “school property” and “school functions” mean as defined in § 4112 of this title. b. A definition of bullying no less inclusive than that in § 4161 of this title. c. Direction to develop a school-wide bullying prevention program. d. A requirement that each school establish a site-based committee that is responsible for coordinating the school’s bully prevention program including the design, approval, and monitoring of the program. A majority of the members of the site-based committee must be members of the school professional staff, of which a majority must be instructional staff. The committee also shall contain representatives of the administrative staff, support staff, student body (for a school enrolling students in grades 7 through 12), parents, and staff from the before- or after-school program or programs. These representatives shall be chosen by members of each respective group, except that the school principal shall appoint the representatives of the nonemployee groups. The committee shall operate on a 1-person, 1-vote principle. If a site-based school discipline committee has been established under § 1605(7)a. and b. of this title, that committee shall vote whether to accept the responsibilities of this paragraph (b)(2)d. e. A requirement that any school district or charter school employee that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying must immediately report it to the administration. f. A requirement that each school have a procedure for the administration to promptly investigate in a timely manner and determine whether bullying has occurred, and that such procedure include investigation of such instances, including a determination of whether the target of the bullying was targeted or reports being targeted wholly or in part due to the target’s race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity or expression, or national origin. This subsection does not preclude schools from identifying other reasons or criteria why a person is a target of bullying. g. A requirement that, to the extent that funding is available, each school develop a plan for a system of supervision in nonclassroom areas. The plan must provide for the review and exchange of information regarding nonclassroom areas. h. An identification of an appropriate range of consequences for bullying. i. A procedure for a student or parent to provide information on bullying activity. However, this paragraph does not permit formal disciplinary action solely based on an anonymous report. j. A requirement that the school use the Department of Education’s template to notify a parent of a student who is an alleged target of bullying or an alleged perpetrator of bullying. k. A requirement that all reported incidents of bullying, regardless of whether the school could substantiate the incident, be reported to the Department of Education within 5 working days under Department of Education regulations. The school shall notify a parent of all students involved in the reported incident when the report is made. l. A statement prohibiting retaliation following a report of bullying. m. A procedure for communication between school staff members and medical professionals who are involved in treating students for bullying issues. n. A requirement that the school bullying prevention program be implemented throughout the year, and integrated with the school’s discipline policies and § 4112 of this title. (c) Dissemination of policy and accountability. — (1) Each school district and charter school shall adopt the policy consistent with subsection (b) of this section and submit a copy to the Department of Education by January 1 of each year, or by January 1 of a newly approved charter school’s first year of operation. For purposes of this paragraph, “submit” includes providing access to the policy via the school district’s or charter school’s website. Each school district and charter school shall submit a revised policy to the Department of Education within 30 calendar days of a school district’s or charter school’s revision. The Department of Education shall review a policy or a revised policy submitted under this paragraph for compliance with state and federal law. (2) Each school district and charter school shall include the policy adopted under subsection (b) of this section in the student and staff handbook. If no handbook is available, or if it is not practical to reprint new handbooks, each school district and charter school shall distribute a copy of the policy annually to all students, parents, faculty, and staff. Each school district and charter school shall provide the telephone number of the Department of Justice School Ombudsperson in writing to parents, students, faculty, and staff and provide the telephone number on the school district’s or charter school’s website and the website of each school in the school district. Each school district shall prominently display the telephone number of the Department of Justice School Ombudsperson in each school in the school district. Each charter school shall prominently display the telephone number of the Department of Justice School Ombudsperson in the school. (3) [Repealed.] (4) The Department of Education shall prepare an annual report, which must include a summary of all reported and all substantiated incidences of bullying, a summary of the information gathered under paragraph (b)(2)f. of this section, and the results of audits conducted under paragraph (d)(4) of this section. The Department shall post the report required by this subsection on its website. (d) Duties of the Department of Education. — (1) The Department of Education shall collaborate with the Department of Justice to identify and maintain a model policy that is applicable to kindergarten through grade 12, and post this policy, along with the contact information for the School Ombudsperson, on their websites in order to assist the school districts and charter schools. In addition, the Department of Education shall promulgate a uniform cyberbullying policy, which shall be based upon a model prepared by the Department of Justice and public comment upon that model. Each school district and charter school shall adopt the Department’s uniform cyberbullying policy within 90 days of the policy becoming final. (2) Distribution of the Comprehensive School Discipline Improvement Program funds to a school district and charter school provided in the General Appropriations Act starting in fiscal year 2009 and thereafter is contingent upon Department of Education approval of the school district’s or charter school’s bullying prevention policy. (3) To the extent that funding is available, the Department of Education shall provide for an award system for schools with exemplary programs based on criteria promulgated by the Department. (4) The Department of Education shall conduct random audits of schools to insure compliance with paragraphs (b)(2)i. and (b)(2)k. of this section. The Department shall report the results of these audits annually in the report required by paragraph (c)(4) of this section. (e) Immunity. — A school district or charter school employee, school district or charter school volunteer, or student is individually immune from a cause of action for damages arising from reporting bullying in good faith and to the appropriate person using the procedures specified in the school district’s or charter school’s bullying prevention policy, but there is no such immunity if the act of reporting constituted gross negligence or reckless, wilfull, or intentional conduct. (f) Other defenses. — (1) The physical location or time of access of a technology-related incident is not a valid defense in any disciplinary action by the school district or charter school initiated under this section provided there is sufficient school nexus. (2) This section does not apply to any person who uses data or computer software that is accessed through a computer, computer system, computer network, or other electronic technology when acting within the scope of that person’s lawful employment or investigation of a violation of this section in accordance with school district or charter school policy. (g) Relationship to reporting requirements. — An incident may meet the definition of bullying and also the definition of a particular crime under state or federal law. Nothing in this section or in the policies promulgated as a result of this section prevents school officials from fulfilling all of the reporting requirements of § 4112 of this title or from reporting probable crimes that occur on school property or at a school function which are not required to be reported under§ 4112 of this title. Nothing in this section abrogates the reporting requirements for child abuse or sexual abuse set forth in Chapter 9 of Title 16 or any other reporting requirement under state or federal law. (h) [Repealed.]

Del. Code tit. 14, § 4165 Suicide awareness and prevention.

(a) Suicide prevention training program. — The Department of Health and Social Services, the Department of Services for Children, Youth and Their Families, and the Department of Education shall identify and maintain a suicide prevention training program for school district and charter school employees that is evidence-based, whenever available. The Department of Health and Social Services, the Department of Services for Children, Youth, and Their Families, and the Department of Education must review these trainings every 3 years, at a minimum, and update the trainings as needed to be relevant to Delaware students and conform with best practices. (b) Suicide prevention policy. — Each school district and charter school shall establish a policy which shall require, at a minimum, all of the following: (1) Recognition of the serious problem of youth suicide. (2) The development of a suicide prevention program that is consistent with § 122(b)(29) of this title. (3) That each school within a school district and each charter school establish a committee that is responsible for coordinating the suicide prevention program within that school. (4) A statement prohibiting retaliation against a school district or charter school employee, a school district or charter school volunteer, or student for reporting the warning signs of suicide. (5) That a procedure be established for the confidential and anonymous reporting of the warning signs of suicide. (6) That a procedure be established for communication between school staff members and medical professionals who are involved in treating students for suicide issues. (c) Accountability. — Each school district and charter school shall adopt the policy required by subsection (b) of this section and shall submit a copy to the Department of Education by September 1, 2016, and by September 1 of a newly approved charter school’s first year of operation. Each school district and charter school shall provide any changes to the policy to the Department within 60 calendar days. (d) Dissemination of policy. — Each school district and charter school shall ensure that the policy adopted under this section appears in the student and staff handbook and on its website. (e) Immunity. — A school district or charter school employee, school district or charter school volunteer, or student is individually immune from a cause of action for damages arising from reporting warning signs of suicide to the appropriate person using the procedures specified in the school district’s or charter school’s suicide prevention policy, but there is no such immunity if the act of reporting constituted gross negligence or reckless, wilful, or intentional conduct.

Del. Code tit. 14, § 4166 Teen dating violence and sexual assault awareness and prevention.

(a) Teen dating violence and sexual assault training program. — The Delaware Domestic Violence Coordinating Council shall identify and maintain a teen dating violence and sexual assault training program for school administrators, school nurses, and school counselors serving 1 or more of the grades in grades 7 through 12. The Delaware Domestic Violence Coordinating Council, in collaboration with the Department of Education, must review these trainings every 3 years, at a minimum, and update the trainings as needed to be relevant to Delaware students and conform with best practices. (b) Teen dating violence and sexual assault policies. — Each school district and charter school serving 1 or more of the grades in grades 7 through 12 shall establish a policy for responding to teen dating violence and sexual assault that includes, at a minimum, all of the following components: (1) Definitions of teen dating violence and sexual assault, the behaviors which constitute each, and the consequences for committing offenses. (2) Guidelines on mandatory reporting and confidentiality as required by the law of this State and school district or charter school policy. (3) A protocol for responding to incidents of teen dating violence and sexual assault which includes all of the following: a. Procedures regarding initial response. b. Procedures for reporting incidents of teen dating violence and sexual assault when a report is required. c. Procedures for the documentation of incidents. d. Procedures for working with victims. e. Procedures for working with perpetrators. (c) [Repealed.] (d) Each school district and charter school shall ensure existing health standard programming related to comprehensive healthy relationships, based on the health standards adopted by the Department of Education as approved by the State Board of Education, is provided in health education programs or related classes. The Domestic Violence Coordinating Council shall have the authority to review and advise on the implementation of school district policies and charter school policies related to teen dating violence and sexual assault. (e) Dissemination of policy and accountability. — (1) Each school district and charter school shall adopt a policy consistent with subsection (b) of this section. Following review by the Domestic Violence Coordinating Council, each school district and charter school shall submit a copy to the Department of Education by January 5, 2015, or by January 5 of a newly approved charter school’s first year of operation. (2) Each school district and charter school shall ensure that its policy adopted under subsection (b) of this section appears in the student and staff handbook. If no handbook is available, or if it is not practical to reprint new handbooks, each school district and charter school shall ensure that a copy of the policy is distributed annually to all students, parents, faculty, and staff. (3) The Department of Education shall prepare an annual report, which shall include a summary of reported incidences of teen dating violence and sexual assault. The Department shall submit the report to the Domestic Violence Coordinating Council by October 15 of each year. (f) Immunity. — A school district or charter school employee, school district or charter school volunteer, or student is individually immune from a cause of action for damages arising from reporting teen dating violence or sexual assault in good faith and to the appropriate person using the procedures specified in the school district’s or charter school’s teen dating violence and sexual assault policy, but there is no such immunity if the act of reporting constituted gross negligence or reckless, wilful, or intentional conduct. (g) Relationship to reporting requirements. — Nothing in this section or in the policies promulgated as a result of this section prevents school officials from fulfilling all of the reporting requirements of § 4112 of this title or from reporting probable crimes that occur on school property or at a school function which are not required to be reported under that section. For purposes of this subsection, “school property” and “school function” mean as defined in § 4112 of this title. Nothing in this section abrogates the reporting requirements for child abuse or sexual abuse set forth in Chapter 9 of Title 16 or any other reporting requirement under state or federal law. (h), (i) [Repealed.] (j) Short title. — This section shall be known and may be cited as the “Liane Sorenson Act.”

Del. Code tit. 14, § 4167 Consent education.

(a) Educational programming. — Beginning in the 2020-2021 school year, each school district and charter school serving 1 or more of the grades 7 through 12 shall provide age- and developmentally-appropriate, evidence-informed instruction on the meaning of consent and respecting others’ personal boundaries as part of health standard programming related to comprehensive healthy relationships. (b) Reporting. — (1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programing provided under subsection (a) of this section. Each school district and charter school shall provide the name and contact information for the individual designated under this subsection to the Department of Education no later than September 15 of each year. (2) Each individual designated under paragraph (b)(1) of this section shall report to the Department of Education no later than November 15 of each year regarding how the educational programming has been implemented by that individual’s school district or charter school. (3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (a) of this section and how the curriculum has been implemented by each school district and charter school under subsection (a) of this section.

Del. Code tit. 14, § 4168 Regulatory authority.

The Department of Education may promulgate regulations necessary to implement and enforce this chapter.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title14/c041/sc01/index.htmlFetched: 10/4/2026

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