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Legislation Document
SPONSOR:
Rep. Michael Smith & Sen. Buckson
Reps. Hensley, Shupe, Yearick; Sens. Richardson, Wilson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 330
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO AN EDUCATOR AND EDUCATION STAFF BILL OF RIGHTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 49, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 49. Educator and Education Staff Bill of Rights.
§ 4901. Title.
This act shall be known and cited as the “Educator and Education Staff Bill of Rights”.
§ 4902. Definitions. For purposes of this act, “Educator” means any teacher, principal, assistant principle, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state. “Education Staff” means any individual employed by the public schools of this state.
§ 4903. Educator Rights.
An educator has the right to:
(1) Be treated with civility and respect;
(2) Have their professional judgment and discretion respected;
(3) Report any errant, offensive, or abusive content or behavior of students to school officials or appropriate agencies;
(4) Provide students with a classroom and school in which the educators, education staff, students, the property of the educator, education staff, students, and peers will be safe;
(5) Defend themselves and their students from physical violence or physical harm;
(6) Share information regarding a student’s educational experience, health, or safety with the student’s parent or legal guardian unless otherwise prohibited by state law or the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g);
(7) Review all instructional material or curriculum prior to those materials being utilized for instruction of students;
(8) Not be required to use their personal money to appropriately equip or supply a classroom;
(9) Report students who commit offenses of assault and battery or vandalism on school property endangering the life, health, or safety of others; and
(10) Receive benefits if the educator is absent from their assigned duties as a result of personal injury caused by a physical assault or other violent act committed against the individual in the course of their employment activities.
§ 4904. Education Staff’s Rights.
An education staff has the right to:
(1) Be treated with civility and respect;
(2) Have their judgment and discretion respected;
(3) Report any errant, offensive, or abusive content or behavior of students to school officials or appropriate agencies;
(4) Provide students with a classroom and school in which the educators, education staff, students, the property of the educator, education staff, students, and peers will be safe;
(5) Defend themselves and their students from physical violence or physical harm;
(6) Not be required to use their personal money to appropriately equip or supply a classroom or school facility;
(7) Report students who commit offenses of assault and battery or vandalism on school property endangering the life, health, or safety of others; and
(8) Receive benefits if the education staff member is absent from their assigned duties as a result of personal injury caused by a physical assault or other violent act committed against the individual in the course of their employment activities.
SYNOPSIS
This act creates an educator and education staff bill of rights relating to their educational work in the course of their employment.