AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT AND STANDING UP FOR EDUCATORS.

Plain English Breakdown

The official status label says 'Passed Legislature' but the digest text shows the last action was 'Not Worked in Committee,' creating uncertainty about whether it actually passed both chambers.

HB331: Elevating Assault Against Educators

This bill makes it a crime of assault in the second degree to recklessly or intentionally cause physical injury to school staff while they are working on campus or at school events.

What This Bill Does

• Amends Title 11 of the Delaware Code to classify causing physical injury to an educator as assault in the second degree if done recklessly or intentionally.
• Defines 'educator' broadly to include employees, contractors, and subcontractors of public, charter, or private elementary and secondary schools.
• Lists specific roles covered such as teachers, bus drivers, nurses, custodians, coaches, administrators, and support staff.
• Requires that the injury occur while the educator is performing work duties on school property or at a school-sponsored event.

Who It Names or Affects

• Employees of public, charter, or private elementary and secondary schools
• Contractors and subcontractors working for these schools
• Individuals who recklessly or intentionally cause physical injury to the listed staff members

Terms To Know

Assault in the second degree

A crime classified as a class C or D felony under Delaware law.

School-sponsored event

An activity organized by the school where this new protection applies to staff members performing work duties.

Limits and Unknowns

• The bill does not apply if the injury happens off school property or at non-school events.
• The official text states the law passed both chambers, but no specific effective date is listed in the provided material.
• While educators cite safety as a reason for leaving the profession, the text provides no statistics on how often these injuries occur.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT AND STANDING UP FOR EDUCATORS.
Delaware educators identify school safety as a significant issue affecting whether they stay in the profession. This Act demonstrates the General Assembly's commitment to supporting our educators by elevating a recklessly or intentionally caused physical injury to an educator to an assault in the second degree. Under this Act, an "educator" includes an employee, contractor, or subcontractor of a public or private elementary school or secondary school. The injury must occur while on school property or at a school-sponsored event in order for this Act to apply.
This Act may be cited as "The We've Got Your Back Act".

Current Bill Text

Legislation Document

SPONSOR:

Rep. Michael Smith & Sen. Buckson

Reps. Dukes, Hensley, K. Johnson, Yearick; Sens. Hocker, Richardson, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 331

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT AND STANDING UP FOR EDUCATORS.

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

Section 1. Amend § 612, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 612. Assault in the second degree; class C or D felony.

(a) A person is guilty of assault in the second degree when:

(12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.

(13)a. The person recklessly or intentionally causes physical injury to an employee, contractor, or subcontractor of a district, charter, or private elementary or secondary school while the employee, contractor, or subcontractor performs or attempts to perform a work-related duty on school property or at a school-sponsored event.

b. As used in this paragraph (a)(13), “employee, contractor, or subcontractor of a district, charter, or private elementary or secondary school” includes a teacher, substitute teacher, student teacher, aide, paraprofessional, principal, administrator, counselor, social worker, psychologist, occupational therapist, physical therapist, speech and language pathologist, learning specialist, nurse, librarian, information technology specialist, cafeteria worker, custodian, facilities manager, security guard, bus driver, athletic coach, or another individual who is employed by or performs contractual services for a district, charter, or private elementary or secondary school.

SYNOPSIS

Delaware educators identify school safety as a significant issue affecting whether they stay in the profession. This Act demonstrates the General Assembly's commitment to supporting our educators by elevating a recklessly or intentionally caused physical injury to an educator to an assault in the second degree. Under this Act, an "educator" includes an employee, contractor, or subcontractor of a public or private elementary school or secondary school. The injury must occur while on school property or at a school-sponsored event in order for this Act to apply.

This Act may be cited as "The We've Got Your Back Act".