CHAPTER 120

FORMERLY

HOUSE BILL NO. 85

AS AMENDED BY HOUSE AMENDMENT NO. 1,

HOUSE AMENDMENT NO. 2 AS AMENDED BY HOUSE AMENDMENT NO. 1

TO HOUSE AMENDMENT NO. 2 AND HOUSE AMENDMENT NO. 3

AN ACT TO AMEND CHAPTER 41, TITLE 14 OF THE DELAWARE CODE RELATING TO GENERAL REGULATORY PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 14, Chapter 41, §4112 by striking the headnote as it currently appears and substitute in lieu thereof a new headnote to read as follows: "Discipline Powers, Reporting Requirements and Responsibilities of Superintendents, Principals and Teachers."

Section 2. Amend Title 14, Chapter 41, §4112 of the Delaware Code by striking the existing subsections (b) and (c) in their entirety and substituting in lieu thereof the following new subsections (b) and (c) to read as follows:

"(b) Student Criminal Violations; Mandatory Complaints.

In any instance where a pupil or parent or guardian of any pupil is found to have committed an assault or an extortion against a pupil or found to have committed an assault, offensive touching, terroristic threatening or an extortion against a school employee as prohibited by Title 11 on school property, after verifying the identity of the pupil or parent or guardian involved and that probable cause exists to believe a criminal charge is appropriate, the principal shall immediately report such incident to the appropriate local police agency and to the superintendent. Thereafter, the superintendent shall immediately file a written report of such incident with the State Department of Public Instruction and the Youth Division of the Delaware State Police. In any instance where a pupil, parent or guardian is- found to have committed an assault, offensive touching, terroristic threatening or an extortion under this subsection against a school employee, the superintendent or his designee shall, without unreasonable delay, file the appropriate charge against the pupil, parent or guardian. The obligations of the superintendent and principal, as set forth in this subsection, are mandatory and are not discretionary. However, the reporting requirements set forth in this section shall not apply to offenses committed between students enrolled in grades kindergarten through third grade.

(c) Student possession of weapons and unlawful drugs; mandatory complaints.

In any instance where a pupil is found to have on his person, or concealed among his possessions, or placed elsewhere on the school premises, any controlled substance (as prohibited by Title 16), or any dangerous instrument or deadly weapon (as prohibited by Title 11), after verifying the identity of the pupil involved and that probable cause exists to believe a criminal charge is appropriate, the principal shall immediately report such incident to the appropriate local police agency and to the superintendent. Thereafter, the superintendent shall immediately file a written report of such incident with the State Department of Public Instruction and the Youth Division of the Delaware State Police. The obligations of the superintendent and principal, as set forth in this subsection, are mandatory and are not discretionary."

Section 3. Further amend, Title 14, Chapter 41, §4112 by redesignating the current subsection (d) as a new subsection (g) and by inserting new subsections (d), (e) and (f) to read as follows:

"(d) Teacher's Duty to Report.

In any instance where a teacher witnesses an act of violence as set forth in subsection (b) or finds a pupil in possession of a weapon or unlawful drugs as set forth in subsection (c), it shall be the duty of the teacher to immediately report such incident to the principal."

(e) Immediate Suspension.

Any pupil determined to have committed an offense under subsection (b) or (c) shall be immediately suspended by the school district until such time as a parent conference is held as provided for in subsection (a). Furthermore, any pupil determined to have committed an offense under subsection (b) or (c) shall also be referred to the school district's alternative program for counseling of an appropriate nature and duration prior to being returned to the general student body. Nothing in this section shall preclude the school district from imposing a longer suspension or expulsion where otherwise appropriate.

(f) Failure to Report a Violation.

Any superintendent, principal, or teacher who fails to report an incident as required by subsection (b), (c), or (d), shall be guilty of a violation and be fined not more than $250.00 for a first offense and not more than $500.00 for a subsequent offense. However, it shall be an affirmative defense to a prosecution under this section if the superintendent, principal or teacher decided not to report an incident where, after conducting a thorough investigation, he or she makes a good—faith determination that no probable cause exists to believe a criminal charge is appropriate."

Section 4. Further amend Chapter 41, Title 14 of the Delaware Code by adding a new §4118 to read as follows:

"§4118. 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."

Section 5. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Approved July 9, 1993.