CHAPTER 75

FORMERLY

SENATE BILL NO. 70

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER CONTROL OF THE CLASSROOM.

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

WHEREAS, Delaware teachers have expressed concern that their efforts to exercise appropriate classroom discipline will result in litigation against them; and

WHEREAS, the State of Delaware should strike a proper balance between deterring frivolous litigation against teachers acting in good faith and protecting the rights of students who may have legitimate legal claims against teachers who have acted inappropriately,

Section 1. Amend §701, Title 14, Delaware Code by deleting subsection (i) and replacing it with the following:

"(i) No teacher who purports to have acted pursuant to the teacher's rights established by this Section shall be found liable for civil damages arising from that action unless that teacher's conduct shocks the conscience.”

Approved June 28, 2001