Chapter 41. General Regulatory Provisions
TITLE 14
Education
Free Public Schools
CHAPTER 41. GENERAL REGULATORY PROVISIONS
§ 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.
33 Del. Laws, c. 182, § 1; 34 Del. Laws, c. 179, § 1; Code 1935, § 2758; 14 Del. C. 1953, § 4101; 58 Del. Laws, c. 162, § 1; 60 Del. Laws, c. 50, § 1; 61 Del. Laws, c. 547, § 1; 65 Del. Laws, c. 130, § 1; 70 Del. Laws, c. 251, §§ 1, 2.;
§ 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.
70 Del. Laws, c. 251, § 3.;
§ 4102. Penalties for violation of § 4101.
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.
14 Del. C. 1953, § 4102; 58 Del. Laws, c. 162, § 2.;
§ 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 8th 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 12th grade. The program of instruction for each grade shall be determined by each individual school district.
33 Del. Laws, c. 183, §§ 1, 2; Code 1935, § 2759; 14 Del. C. 1953, § 4104; 49 Del. Laws, c. 379; 50 Del. Laws, c. 247, § 1; 60 Del. Laws, c. 246, § 1; 71 Del. Laws, c. 180, § 170; 71 Del. Laws, c. 411, § 1.;
§ 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.
33 Del. Laws, c. 184; 34 Del. Laws, c. 180, §§ 1, 4; Code 1935, §§ 2760, 2761; 14 Del. C. 1953, § 4105; 57 Del. Laws, c. 113; 71 Del. Laws, c. 180, § 171.;
§ 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."
34 Del. Laws, c. 180, § 2; Code 1935, § 2761; 14 Del. C. 1953, § 4106; 51 Del. Laws, c. 51.;
§ 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.
34 Del. Laws, c. 180, § 3; Code 1935, § 2761; 14 Del. C. 1953, § 4107; 71 Del. Laws, c. 180, § 171.;
§ 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.
33 Del. Laws, c. 198, §§ 1, 2; Code 1935, § 2762; 14 Del. C. 1953, § 4108.;
§ 4108. American Education Week.
The Governor may issue a proclamation calling upon all teachers of schools to arrange special programs at sometime during American Education Week and calling upon the people of the entire State to observe it in some fitting manner.
42 Del. Laws, c. 127; 14 Del. C. 1953, § 4111.;
§ 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.
41 Del. Laws, c. 173, § 1; 14 Del. C. 1953, § 4112; 57 Del. Laws, c. 113; 63 Del. Laws, c. 166, §§ 3, 4.;
§ 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.
32 Del. Laws, c. 160, § 57; Code 1935, § 2752; 14 Del. C. 1953, § 4113; 57 Del. Laws, c. 113.;
§ 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 rules and regulations of the Department of Education. Such rules and regulations shall authorize the release of educational records upon written consent and shall establish the other terms and conditions on which educational records may and must be released.
(b) All public and private schools in this State shall allow parents to inspect and review the education records of their children who are, or have been, in attendance at the school. The right to inspect and review educational records shall be in accordance with rules and regulations of the Department of Education.
(c) No cause of action or claim for relief, civil or criminal, shall 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) and (b) of this section.
14 Del. C. 1953, § 4114; 57 Del. Laws, c. 548, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 172; 74 Del. Laws, c. 40, §§ 1-3.;
§ 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, 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 under 18 years of age.
(5) "Parent conference" includes a meeting by telephone or in person, unless otherwise designated.
(6) "Principal" means the building principal of any public school or charter school, or the building principal's designee.
(7) "School employee" includes all persons 18 years of age or older 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 in the State.
(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 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 or a school volunteer has been the victim of:
1. A violent felony,
2. An Assault III, or
3. An Unlawful Sexual Contact III,
as prohibited by Title 11, which occurred on school property or at a school function;
b. A school employee has been the victim of:
1. A violent felony,
2. An Assault III,
3. An Unlawful Sexual Contact III,
4. An Offensive Touching, or
5. A Terroristic Threatening,
as prohibited by Title 11, which occurred on school property or at a school function; or
c. A student has been the victim of:
1. A violent felony;
2. An assault in the third degree; or
3. Any sexual offense, as defined in § 761(g) of Title 11,
as prohibited by Title 11, when the school employee has reliable information that would lead a reasonable person to believe that the crime has been committed by another school employee, regardless of whether the offense occurred on school property or at a school function,
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, who shall immediately make reasonable efforts to notify the parents of any juvenile victim and 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 within 3 business days.
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 with the superintendent. Thereafter, the superintendent shall, within 5 days, file a written report of the incident with the Department of Education.
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.
Nothing in this section shall preclude school officials from reporting probable crimes that occur on school property or at a school function which are not required to be reported under this section. Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in § 906 et seq. of Title 16.
(2) Offenders under the age of 9. -- When a misdemeanor offense listed in this subsection has allegedly been committed by a child under the age of 9, the principal is not required to notify the appropriate police agency or to follow the provisions of subsection (d) of this section, but must file a written report of the incident with the superintendent, who shall file the written report with the Department of Education within 5 working days of receiving the report from the principal. The mandatory court filing requirements set forth in paragraph (b)(4) of this section do not apply when a misdemeanor offense has been committed by a child under the age of 9. When the alleged offense is a violent felony, the appropriate police agency must be notified of the incident even when the suspect is under the age of nine.
(3) Sexual harassment. -- Whenever a school employee has reliable information that would lead a reasonable person to believe that a student under the age of 18 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 thorough 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 or to follow the provisions of subsection (d) of this section, but must file a written report with the Department of Education.
(4) Mandatory filing of misdemeanor charge with a court when victim is a school employee. -- In any instance where probable cause exists to believe that a school employee has been the victim of a misdemeanor set forth in paragraph (b)(1)b. of this section and the offender has been identified, the superintendent, the superintendent's non-instructional designee, or a building-level administrator must, within 3 working days of receiving a police report, file the appropriate misdemeanor criminal charge or charges with a court of proper jurisdiction unless:
a. The police agency or the Attorney General's office recommends against filing a criminal charge or charges;
b. A criminal charge or charges have already been filed;
c. The police have agreed to file a criminal charge or charges; or
d. The offender is under the age of 9.
After making inquiries into the source of the complainant's information and the grounds of the complainant's belief, the court of proper jurisdiction shall have the authority to issue a warrant based on information and belief when the complaint has been signed by a superintendent or by a superintendent's non-instructional designee or by a building-level administrator pursuant to this section.
(c) Student possession of weapons and unlawful drugs; mandatory complaints. -- 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 superintendent. Thereafter, the superintendent shall file a written report of the incident with the Department of Education within 5 working days.
(d) Suspensions. --
(1) Whenever a police agency has determined that probable cause exists to believe that a student has committed a crime which must be reported to the police pursuant to this section, the student shall:
a. Be referred immediately to the internal or external alternative services of the district or school for intervention of an appropriate nature and duration prior to being returned to the general student body, and
b. Be given an immediate internal or external suspension by the district or school until a parent conference is held to review the student's educational placement.
(2) A student who is placed in an alternative program pursuant to this subsection, and who is determined by a superintendent to be in immediate need of a program to prevent seriously violent or habitual criminal behavior, shall be separated in the alternative program from students for whom such a determination has not been made. The superintendent's determination shall include a statement of the recommended degree of separation, keeping in mind the available resources.
(3) Before a student suspended under this subsection may be returned to the general student body, a parent of the suspended student is required to attend a parent conference with the superintendent to discuss the offense and to review the student's educational placement. A telephone conference shall be sufficient only if the superintendent so determines and so notifies the parent. If the parent does not attend the parent conference, a subpoena compelling the parent's attendance may be issued pursuant to § 4122 of this title.
(4) When a student who has been given an external suspension or who has been sent to an alternative program pursuant to this subsection returns to the general student body at a school where the victim is required to be present, the principal of the school must attempt to notify the adult victim or, if the victim is a juvenile, a parent of the juvenile victim.
(5) Nothing in this subsection shall preclude a school district from imposing a suspension or expulsion beyond the date of a parent conference where otherwise appropriate. Any change of placement of students with qualifying disabilities must comply with applicable federal laws.
(e) Penalties. -- Any school employee who fails to report an incident as required by subsection (b) or subsection (c) of this section shall be guilty of a violation and shall be fined not more than $250 for a 1st 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. Justices of the Peace Courts shall have jurisdiction over violations of this section.
(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) 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) 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.
62 Del. Laws, c. 63, § 1; 62 Del. Laws, c. 409, §§ 1-3; 63 Del. Laws, c. 121, §§ 1, 2; 66 Del. Laws, c. 188, § 1; 69 Del. Laws, c. 120, §§ 1-3; 70 Del. Laws, c. 58, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 199, § 1; 70 Del. Laws, c. 312, § 1; 70 Del. Laws, c. 519, §§ 1, 2; 71 Del. Laws, c. 180, § 173; 71 Del. Laws, c. 218, § 2; 73 Del. Laws, c. 109, §§ 1-6.;
§ 4112A. Office of School Criminal Offense Om=-buds=-person.
(a) There is hereby established within the State Department of Justice, the Office of School Criminal Offense 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.
(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 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;
(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.
70 Del. Laws, c. 249, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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 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.
70 Del. Laws, c. 249, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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.
70 Del. Laws, c. 249, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4112D. School bullying prevention.
(a) Definition of bullying. -- As used in this section, "bullying" means any intentional written, electronic, verbal or physical act or actions against another student, school volunteer or school employee that a reasonable person under the circumstances should know will have the effect of:
(1) Placing a student, school volunteer or school employee in reasonable fear of substantial harm to his or her emotional or physical well-being or substantial damage to his or her property.
(2) Creating 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; or
(3) Interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities or benefits; or
(4) Perpetuating 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 volunteer or school employee.
(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 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" have the same definition as in § 4112 of this title.
b. A definition of bullying no less inclusive than that in subsection (a) of this section.
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 shall be members of the school professional staff, of which a majority shall be instructional staff. The committee also shall contain representatives of the administrative staff, support staff, student body (for 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 representatives of the nonemployee groups shall be appointed by the school principal. The committee shall operate on a 1-person, 1-vote principle. In the event a site-based school discipline committee has been established pursuant to § 1605(7)a. and b. of this title, that committee shall vote whether or not to accept the aforementioned responsibilities.
e. A requirement that any school employee that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying shall 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.
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 shall 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 and parent, guardian or relative caregiver pursuant to § 202(f) of this title or legal guardian 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 a parent, guardian or relative caregiver pursuant to § 202(f) of this title or legal guardian of any target of bullying or person who bullies another as defined herein, be notified.
k. A requirement that all bullying incidents be reported to the Department of Education within 5 working days pursuant to Department of Education regulations.
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 Delaware Department of Education by January 1, 2008.
(2) The policy shall appear in the student and staff handbook and if no handbook is available, or it is not practical to reprint new handbooks, a copy of the policy will be distributed annually to all students, parents, faculty and staff.
(3) The policy shall be submitted to the Delaware Department of Education by January 1 of each subsequent year. The Department shall review such policy annually for compliance with state and federal law and regulations promulgated by the Department of Education.
(4) The Delaware Department of Education shall prepare an annual report, which shall include a summary of reported and substantiated incidences of bullying.
(d) Duties of the Department of Education. --
(1) The Delaware Department of Education shall collaborate with the Delaware Department of Justice to develop a model policy, that may change from time to time, that is applicable to kindergarten through grade 12, and post this policy on their websites in order to assist the school districts and charter schools.
(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 State Department of Education will provide for an award system for schools with exemplary programs based on criteria promulgated by the Delaware Department of Education.
(e) Immunity. -- A school employee, 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 or persons using the procedures specified in the school district and charter school's bullying prevention policy, but there shall be no such immunity if the act of reporting constituted gross negligence and/or reckless, wilful 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 school crime reporting law. -- 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 thereof shall prevent 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. Nothing in this section shall abrogate 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) Rules and regulations. -- Notwithstanding any provision to the contrary, the Delaware Department of Education may promulgate rules and regulations necessary to implement this section.
76 Del. Laws, c. 14, § 2.;
§ 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.
63 Del. Laws, c. 402, § 2.;
§ 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.
64 Del. Laws, c. 298, § 1.;
§ 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.
67 Del. Laws, c. 49, § 1; 77 Del. Laws, c. 327, § 362.;
§ 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.
67 Del. Laws, c. 205, § 2; 71 Del. Laws, c. 180, § 174; 72 Del. Laws, c. 294, § 45.;
§ 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.
67 Del. Laws, c. 219, § 1; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 41, § 1; 70 Del. Laws, c. 425, § 342; 71 Del. Laws, c. 180, § 175.;
§ 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.
69 Del. Laws, c. 120, § 4.;
§ 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.
70 Del. Laws, c. 69, § 1.;
§ 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.
70 Del. Laws, c. 377, § 1.;
§ 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.
71 Del. Laws, c. 218, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 175, §§ 10, 11.;
§ 4123. Child abuse detection; reporting training.
(a) Each public school shall ensure that each full-time teacher receives 1 hour of training every year in detection and reporting of child abuse. This training, and all materials used in such training, shall be prepared by the Division of Family Services.
(b) Any in-service training required by this section shall be provided within the contracted school year as provided in § 1305(e) of this title.
72 Del. Laws, c. 173, § 4.;
§ 4123A. School bullying prevention and criminal youth gang detection training.
(a) Each school district and charter school shall ensure that its public school employees receive combined training each year totaling 1 hour in the identification and reporting of criminal youth gang activity pursuant to § 617 of Title 11 and bullying prevention pursuant to § 4112D of this title. The training materials shall be prepared by 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.
(b) Any in-service training required by this section shall be provided within the contracted school year as provided in § 1305(e) of this title.
76 Del. Laws, c. 14, § 1.;
§ 4124. [Reserved.]
§ 4125. Driver education certification.
(a) A driver education teacher shall not certify that a student enrolled in a State-approved driver education course during the regular school year is qualified to be issued a Driver Education Learner's Permit or a Level One Learner's Permit by the Division of Motor Vehicles unless the student has:
(1) Fulfilled the requirements of the driver education program;
(2) Met the minimum credit requirements to qualify as a 10th grader as of September 30 of the school year that the student enrolled in the driver education course; and
(3) Earned passing grades in 5 credits at the time of certification, with at least 2 of those credits in separate areas of English, mathematics, science or social studies.
(b) A student who is receiving special education services and is precluded from meeting the academic requirements of subsection (a) of this section due to modifications in the grading procedure or course of study for the student shall be eligible for certification if the student's school principal determines that the student is making satisfactory progress in accordance with the requirements of that student's individualized education plan (IEP).
(c) A local school board may establish requirements higher than the minimum academic eligibility requirements set forth in this section.
(d) A student who does not meet the certification requirements of this section upon completion of a driver education course may meet the requirements during the subsequent marking period. If the student fails to meet the requirements at the end of the subsequent marking period, the student will be ineligible for certification.
(e) 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.
72 Del. Laws, c. 158, § 1; 70 Del. Laws, c. 186, § 1.;
§§ 4126-4129. [Reserved.]
§ 4130. Expulsion of students; re-enrollment; loss of driver's license.
(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)(1) In any case where a person is expelled from a public school, the superintendent of schools for the school district in which such school is located shall send written notice of such expulsion to the Division of Motor Vehicles. Such notice shall be sufficient authority for the Division to suspend, or refuse to renew, any driver's license already issued to such person; or to refuse to issue a license to anyone reported by a superintendent to have been expelled from school. Such expelled person shall remain ineligible for the issuance of a new license, or for the renewal or reinstatement of a present or former license until the Division receives such proof as it may require that such person is again eligible for a driver's license.
(2) An expelled person whose license has been suspended may have such license reinstated, or a new license issued, if any of the following requirements are met:
a. The length of the expulsion is complete;
b. Such person is 19 years of age or older; or
c. Two years have elapsed since the date of expulsion.
(3) To have a driver's license reinstated, or to obtain a new license, an expelled student must meet one of the requirements set forth in paragraph (2) of this subsection; must apply in person to the Division of Motor Vehicles; and must provide the Division with verification from the school, or such proof as the Division may require.
(4) Where a person does not have a driver's license because the Division has suspended or refused to renew a license to such person in accordance with this section, such person may apply to the Division for a conditional license. The Division shall not issue any conditional license under this section unless such person's application:
a. Is made upon a form prescribed by the Division, and sworn to by the applicant;
b. Contains a statement setting forth those hardships which would occur if a conditional license were not granted; and
c. Contains a sworn statement that the