Chapter 41

§ 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 ; 81 Del. Laws, c. 122, § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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. 14 Del. C. 1953, §  4102; 58 Del. Laws, c. 162, §  2 ; 81 Del. Laws, c. 122, § 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 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. 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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; 81 Del. Laws, c. 122, § 2 ; § 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. 79 Del. Laws, c. 282, §  1 ; 81 Del. Laws, c. 122, § 2 ; § 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. 42 Del. Laws, c. 127 ; 14 Del. C. 1953, §  4111; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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. 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 ; 78 Del. Laws, c. 113, §§  7-9 ; 81 Del. Laws, c. 122, § 2 ; 84 Del. Laws, c. 460, § 1 ; § 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. 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 ; 77 Del. Laws, c. 468, §§  1-7 ; 78 Del. Laws, c. 404, §§  1-6 ; 81 Del. Laws, c. 122, § 2 ; 82 Del. Laws, c. 150, § 1 ; § 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. 70 Del. Laws, c. 249, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 375, § 1 ; 81 Del. Laws, c. 122, §§ 2, 12 ; 81 Del. Laws, c. 425, § 9 ; § 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. 70 Del. Laws, c. 249, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 375, § 1 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 4112D School bullying prevention. [Transferred to §  4164 of this title by 81 Del. Laws, c. 122, §  4, effective August 10, 2016.] 81 Del. Laws, c. 122, § 4 ; § 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.] 81 Del. Laws, c. 122, § 4 ; § 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. 79 Del. Laws, c. 54, §  2 ; 81 Del. Laws, c. 122, § 2 ; 81 Del. Laws, c. 189, § 1 ; 85 Del. Laws, c. 111, § 1 ; § 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 ; 81 Del. Laws, c. 122, § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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. 83 Del. Laws, c. 387, § 1 ; 84 Del. Laws, c. 255, § 13 ; § 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. 84 Del. Laws, c. 167, § 2 ; § 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 ; 81 Del. Laws, c. 122, § 2 ; § 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 progr