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HA2TOHB79 • 2025

This Amendment to HB 79 does the following: - Incorporates the amendments made in HA 1 into this Amendment for ease and efficiency.

This Amendment to HB 79 does the following: - Incorporates the amendments made in HA 1 into this Amendment for ease and efficiency.

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Morrison
Last action
2025-04-17
Official status
Passed 4/17/25
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how the collected data will be used or what actions might follow from it.

Amendment to HB 79

This amendment updates HB 79 by incorporating changes from HA 1, adding new requirements for data collection related to school resource officers' use of restraint and seclusion, and changing the effective date.

What This Bill Does

  • Incorporates amendments made in HA 1 to ensure that the law conforms to current practice regarding temporary absences of school resource officers and changes the effective date from August 1, 2025, to August 1, 2026.
  • Adds a paragraph (a) so paragraphs (c)(2)b. and (c)(2)c. can be included.
  • Requires the Department of Education to request data from the Police Officer Standards and Training Commission about how often police use physical restraint, mechanical restraint, or seclusion on students in public schools.
  • Requires the Police Officer Standards and Training Commission to provide this requested data to the Department of Education, including additional information related to mechanical restraints.
  • Requires the Department of Education to include this data in its annual report.

Who It Names or Affects

  • The Department of Education
  • Police Officer Standards and Training Commission
  • School districts and charter schools

Terms To Know

Department of Education
A government agency that oversees public education.
Police Officer Standards and Training Commission (POST)
An organization responsible for setting standards and training police officers.

Limits and Unknowns

  • The bill does not specify how the data will be used or what actions might follow from it.
  • It is unclear if this amendment will affect all schools equally or only certain types of schools.

Bill History

  1. 2025-04-17 Delaware General Assembly

    Passed In House by Voice Vote

  2. 2025-04-16 Delaware General Assembly

    Introduced and Placed With Bill

Official Summary Text

This Amendment to HB 79 does the following:
- Incorporates the amendments made in HA 1 into this Amendment for ease and efficiency. HA 1 added language to ensure that the law conforms to the current practice regarding school resource officer temporary absences. It also changed the effective date from August 1, 2025, to August 1, 2026, to provide the Department of Education with additional time to prepare to implement HB 79.
- Adds a paragraph a. so paragraphs (c)(2)b. and (c)(2)c. can be added.
- Adds paragraph (c)(2)b. which requires the Department of Education to get data that the Police Officer Standards and Training Commision collects relating to use of restraint and seclusion.
- Adds paragraph (c)(2)c. which requires the Police Officer Standards and Training Commission to provide that data to the Department of Education. Paragraph (c)(2)c.2. requires the inclusion of additional information related to mechanical restraint.
- This Amendment requires the Department of Education to incorporate the data it receives from the Police Officer Standards and Training Commission into the annual report required under § 4112F of Title 14.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Morrison

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 79

AMEND House Bill No. 79 on line 77 by inserting “

a.

” after “(2)” and before “To” therein.

FURTHER AMEND House Bill No. 79 after line 78 and before line 79 by inserting the following:

“

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.

”.

FURTHER AMEND House Bill No. 79 on line 81 after “results.” by inserting the following:

“

The Department of Education shall incorporate the data received from POST under paragraph (c)(2) of this section into the annual report.

”.

FURTHER AMEND House Bill No. 79 on line 117 after “herein.” by inserting the following:

“

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.

”.

FURTHER AMEND House Bill No. 79 on line 119 by deleting “2025.” and inserting in lieu thereof the following:

“2026.”.

SYNOPSIS

This Amendment to HB 79 does the following:

- Incorporates the amendments made in HA 1 into this Amendment for ease and efficiency. HA 1 added language to ensure that the law conforms to the current practice regarding school resource officer temporary absences. It also changed the effective date from August 1, 2025, to August 1, 2026, to provide the Department of Education with additional time to prepare to implement HB 79.

- Adds a paragraph a. so paragraphs (c)(2)b. and (c)(2)c. can be added.

- Adds paragraph (c)(2)b. which requires the Department of Education to get data that the Police Officer Standards and Training Commision collects relating to use of restraint and seclusion.

- Adds paragraph (c)(2)c. which requires the Police Officer Standards and Training Commission to provide that data to the Department of Education. Paragraph (c)(2)c.2. requires the inclusion of additional information related to mechanical restraint.

- This Amendment requires the Department of Education to incorporate the data it receives from the Police Officer Standards and Training Commission into the annual report required under § 4112F of Title 14.