CHAPTER 409

FORMERLY

HOUSE BILL NO. 708

AS AMENDED BY HOUSE AMENDMENT NO. 3

AN ACT TO AMEND CHAPTER 41, PART I, TITLE 14 OF THE DELAWARE CODE RELATING TO THE RESPONSIBILITIES OF CERTAIN PUBLIC SCHOOL EMPLOYEES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4112, Chapter 41, Part I, Title 14 of the Delaware Code by striking the title to said section, and substituting in lieu thereof the following:

"§4112. Discipline Powers and Responsibilities of Superintendents"

Section 2. Amend §4112, Chapter 41, Part I, Title 14 of the Delaware Code by re-designating all of the present section as new subsection (a), which new subsection shall be entitled as follows:

"(a) Parent conferences."

Section 3. Amend §4112, Chapter 41, Part I, Title 14 of the Delaware Code by adding thereto a new subsection, which new subsection shall read as follows:

"(a) Student violence; mandatory complaints.

In any instance where a school employee reports to the superintendent any Assault or Offensive touching, (as prohibited in Title 11, Del. C. Sections 601, 611-613) against such employee by a pupil, the superintendent or his designee, after verifying the identity of the pupil involved and the probable cause to believe that a criminal charge is appropriate, without unreasonable delay after the incident being reported, shall file such appropriate charge against such pupil. The superintendent or his designee shall also file a report of such incident with the State Department of Public Instruction. The obligations of the superintendent as set forth in this subsection are mandatory, and are not discretionary.

Section 2. Nothing in this Act shall be so construed as a limitation upon any other remedies currently available to the superintendent or school employee."

Approved July 11, 1980.