SB328 • 2025

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BUILDING SAFETY.

Education

Passed Legislature

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

Sponsor: Hansen
Last action: 2026-05-20
Official status: Senate Education 5/20/26
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information about costs or future actions after the implementation of the bill.

Updating School Building Safety Standards

This act changes how school building safety standards are set and ensures that lead is included in the list of dangerous materials.

What This Bill Does

Changes how schools check if their buildings are safe by making it a rule instead of just advice.
Makes sure that checking for lead, which can be harmful to students, is part of the safety checks.

Who It Names or Affects

Schools and school districts in Delaware
The Department of Education

Terms To Know

Facilities evaluation instrument: A set of rules that schools use to check if their buildings are safe.
Hazardous materials: Materials in a school building that could be dangerous, like lead paint.

Limits and Unknowns

The bill does not specify what will happen after the new rules are set.
It is unclear how much it will cost to implement these changes.

Bill History

2026-05-20 Delaware General Assembly
Introduced and Assigned to Education Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BUILDING SAFETY.
This Act updates the school building maintenance standards to require the facilities evaluation instrument be established through regulation by the Department of Education rather than just through guidance from the Department. It also clarifies that the minimum standard of good repair facility category related to hazardous materials includes that of lead.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Hansen & Rep. K. Williams

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 328

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BUILDING SAFETY.

WHEREAS, the Division of Public Health is currently testing for lead in drinking water in schools; and

WHEREAS, the Division of Public Health is looking to reduce the action level of lead in drinking water to 10 parts per billion, but will be testing for levels as low as 5 parts per billion; and

WHEREAS, lead at any level, even 1 part per billion, could be cause for concern; and

WHEREAS, the results of the Division of Public Health’s findings may lead to continued reductions in the allowable maximum levels of lead in the future.

NOW, THEREFORE:

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

Section 1. Amend Chapter 23, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2301. Definitions.

As used in this chapter:

(3) “Facilities evaluation instrument” means a document

developed

established by regulations

by March 1, 2027,

by the Department of Education that includes the evaluation detail component and the standard of good repair that is used to determine whether a school facility is in good repair. The facilities evaluation instrument may not require capital improvements beyond the standards to which the facility was designed and constructed.

§ 2307. School building maintenance standards.

(12) Hazardous materials (interior and exterior)

, including lead-based paint and lead-based paint hazards

SYNOPSIS

This Act updates the school building maintenance standards to require the facilities evaluation instrument be established through regulation by the Department of Education rather than just through guidance from the Department. It also clarifies that the minimum standard of good repair facility category related to hazardous materials includes that of lead.

Author: Senator Hansen