Education

This Act removes the time restriction that only allowed for certain teachers or specialists who were hired after August 9, 2023, to obtain additional experience credit for purposes of salary computation. This Act would allow for teachers or specialists hired before August 9, 2023, to qualify for the same experience credit for purposes of salary computation.

This Act updates the Delaware Volunteerism Act to specify that high school students may complete their community service with local fire departments to obtain up to 1 elective credit. It also requires schools to notify students of the opportunity to earn elective credit through volunteer work at or before the time students select their classes. This Act also allows the Department of Education to promulgate regulations to implement the Delaware Volunteerism Act. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.

This Act is a Substitute for SB 142 and differs from SB 142 in the following ways: 1. Specifies that schools must provide age-appropriate training to students about the dangers and warning signs of sexual extortion, including online safety. 2. Delays implementation of employee training and student instruction to August 1, 2027. 3. Makes additional technical corrections to § 4163 of Title 14. In 2022, the FBI reported that law enforcement received over 7,000 reports related to the financial sexual extortion of minors, resulting in 3,000 victims and more than a dozen suicides. In 2023, South Carolina adopted “Gavin’s Law” in honor of Gavin Guffey, the son of Representative Brandon Guffey. Gavin was victim of sexual extortion, which led him to tragically take his own life at only 17 years old. Gavin’s Law created the crime of sexual extortion in South Carolina. In Delaware, sexual extortion is a crime under § 774 of Title 11. It is classified as a Class E felony punishable by up to 5 years in prison. This Act increases the penalty for sexual extortion to a Class B felony, which is punishable by a minimum of 2 years in prison up to a maximum of 25 years in prison, under the following circumstances: 1. The defendant is an adult and the victim is a child, as defined in § 1100 of Title 11, or a vulnerable adult, as defined in §1105 of Title 11. 2. The defendant’s sexual extortion of the victim causes the victim to suffer serious physical injury or death. Gavin’s Law also requires school districts to educate students, and their parents or guardians, about the crime of sexual extortion. South Carolina’s Department of Education recommended including the required education in the Erin’s Law curriculum. Delaware has adopted its own version of Erin’s Law, under § 4163 of Title 14, that requires school districts and charter schools to provide appropriate training to employees and students, and to provide information to parents, about personal body safety, child safety, and how to detect and report child abuse. This Act specifies that information about the crime of sexual extortion must be included in the educational programming required by Erin’s Law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including restructuring § 774 of Title 11.

This concurrent resolution designates February 2025, as “Career and Technical Education Month” in the State of Delaware to urge all citizens to become familiar with the services and benefits offered by the career and technical education programs in their communities and to support and participate in these programs to enhance their individual skills and productivity.

This Act prohibits discrimination in public schools, including school districts and charter schools, based on race, ethnicity, creed, color, religion, national origin, sex, sexual orientation, gender identity, protective hairstyle, body size, pregnancy or childbirth or related conditions, disability, genetic information, socioeconomic status, familial status, immigration status, or housing status. Under this Act, the Department of Education is required to update its regulations to align the protected classes therein with those in the general non-discrimination provision created by this Act. In addition to creating this non-discrimination provision [§ 136 of Title 14], this Act also does the following: 1. Aligns the protected classes in § 506, pertaining to restrictions on charter schools, with the newly created non-discrimination provision in § 136 of Title 14. 2. Amends the definition of bullying in § 4161 of Title 14 to include written, electronic, verbal, or physical acts that target a student, a school district or charter school volunteer, or a school district or charter school employee based on the target’s membership in any protected class under the newly created non-discrimination provision in § 136 of Title 14, or based on the target’s age. 3. Aligns the protected classes included in paragraph (b)(2)f. of § 4164 of Title 14 with the additional protected classes included in the newly created non-discrimination provision in § 136 of Title 14. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

House Bill No. 100 of the 151st General Assembly, House Bill No. 200 of the 152nd General Assembly, and House Bill No. 300 of the 151st General Assembly created dedicated mental health services units for purposes of funding the hire of mental health professionals in Delaware public schools. This Act updates the list of positions that may be funded through mental health services unit funding to include registered nurses authorized to practice by the Delaware Board of Nursing, board-certified assistant behavior analysts, and board-certified behavior analysts. Currently, such professionals may provide mental health services to Delaware students and are employed by Delaware school districts and charter schools, but these positions may not be funded under Title 14 through mental health services units. This Act expands flexibility and further support for school districts and charter schools to meet the needs of Delaware students by adding registered nurses that practice in schools, board-certified assistant behavior analysts, and board-certified behavior analysts to the list of positions that may be funded as described in Chapter 17 of Title 14 of the Delaware Code. This Act also makes technical corrections to confirm to the standards of the Delaware Legislative Drafting manual.

This Act mandates that all schools receiving approval or financial assistance from the State provide parenting and pregnant students with the following protections: 1. Excused absences for pregnancy related events. 2. Excused absences for health-related needs or illnesses associated with pregnancy. 3. Six weeks of excused absences for students giving birth to a child, immediately following delivery. 4. Excused absences for medical appointments for a student’s child. 5. Excused absences for court appearances related to the student’s child or the pregnant student. This Act further provides for accommodations to a pregnant or parenting student by allowing for the following: 1. For a lactating student, the student must have access to a private, clean, and secure room to express milk and any other associated equipment needed for lactation. 2. Access to equipment or transportation services. 3. Modifications to a student’s schedule or coursework. 4. Reasonable academic supports. 5. Accommodations to assist parenting students. Any accommodations need not be accepted by the student, if they do not wish to receive the accommodation. A student who receives any accommodations may not be academically penalized for it. Furthermore, at the conclusion of a pregnancy, childbirth, or parenting event, the school must allow the student to make up the work and allow the student the same opportunity to do so, as any other student would receive due to an illness. The Act prohibits a school from requiring a student to provide medical documentation for an absence or accommodation, unless explicitly provided for by this Act. This Act will be implemented on July 1, 2026.

This Act removes the up to 10% increase in school property taxes allowed after reassessment This Act takes effect July 1, 2025, and applies to all public school tax rates after July 1, 2025.

Like Senate Bill No. 165, this Act requires the Department of Education to pilot a revised student improvement component under the Delaware Performance Appraisal System and Delaware Teacher Growth and Support System beginning in the 2025-2026 school year before implementing it statewide. The revised student improvement component must consider factors such as student absences, mobility, and noncompliance that may adversely affect a student’s performance. During the 2026-2027 academic year, the pilot program will expand, allowing for further refinement of implementation and support structures. Participants in the pilot program will be held harmless, so that the revised student improvement component will not factor into overall ratings. The program will be implemented statewide in 2027-2028 for all licensed and certified educators. Senate Substitute No. 1 for Senate Bill No. 165 differs from SB 165 by holding also holding educators harmless during the pilot program and by making the following technical changes: • Using the word “school” to refer to school districts and charter schools because “local education agencies” is not a defined term in the Code. • Clarifying when the pilot program ends. • Reorganizing the provisions to conform to the standards of the Delaware Legislative Drafting Manual.

This Act requires schools that receive federal funding ensure students, staff, and faculty are protected from sex-based discrimination and sex-based harassment. The Act further requires schools to communicate to students, through their website, the existence of Title IX administrators as required by federal law. The Act requires the school’s website provide information explaining the roles and duties of Title IX administrators, how to contact the appropriate Title IX administrator, and the school’s Title IX policy. The Act ensures that students have access to the appropriate forms to start a complaint and access to the FAQ link provided by U.S. Office of Civil Rights. The Act instructs the school to provide an explanation and examples of possible supportive measures for students who experience sex-based discrimination or sex-based harassment. The Act instructs the Title IX coordinator of every Title IX school to provide a written reminder to school staff and faculty at the beginning of the academic year, outlining the school’s Title IX policy regarding the reporting of sex-based discrimination, including sex-based harassment.