Bill Text: DE HB250 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To School Bullying.
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Passed) 2016-08-10 - Signed by Governor [HB250 Detail]
Download: Delaware-2015-HB250-Draft.html
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SPONSOR: |
Rep. K. Williams & Sen. Blevins |
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Reps. Bolden, Q. Johnson, Keeley, Kowalko, Lynn, Paradee; Sens. Ennis, Hall-Long, Hocker, Poore, Richardson |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 250 |
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BULLYING. |
Section 1. Amend Chapter 4, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§402. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(2) "Good
cause" shall mean a change in a child's residence due to a change in
family residence, a change in the state in which the family residence is
located, a change in a child's parent's marital status, a change caused by a
guardianship proceeding, placement of a child in foster care, adoption,
participation by a child in a foreign exchange program, a reported, and
recorded, and substantiated instance of "bullying" against
their child as defined in §4112D of this title, or participation by a child in
a substance abuse or mental health treatment program, or a set of circumstances
consistent with this definition of "good cause."
§407. Duration of enrollment in receiving district.
(a) (2) A pupil accepted for enrollment in a school or program pursuant to this chapter shall remain enrolled therein for a minimum of 2 years unless, during that 2-year period,
g. The
pupil's parents or guardians wish to terminate the agreement due to a reported,
and recorded, and substantiated instance of "bullying"
against their child as defined in §4112D of this title.
Section 2. Amend Chapter 5, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 506. Restrictions.
(d) A
pupil accepted for enrollment in a charter school pursuant to this chapter
shall remain enrolled therein for a minimum of 1 year unless, during that
1-year period, good cause exists for the failure to meet this requirement. For
purposes of this section only, "good cause" shall be defined as a
change in a child's residence due to a change in family residence, a change in
the state in which the family residence is located, a change in the marital
status of the child's parents, a change caused by a guardianship proceeding,
placement of a child in foster care, adoption, participation by a child in a
foreign exchange program, participation by a child in a substance abuse or
mental health treatment program, a reported, and recorded and
substantiated instance of "bullying" against their child as
defined in §4112D of this title, mutual agreement by the board of directors of
the charter school, the board of the receiving district and the parent or
parents or guardian of such child to the termination of such enrollment, or a
set of circumstances consistent with this definition of "good cause."
SYNOPSIS
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In 2014, the Legislature passed a bill adding instances of "reported and recorded" bullying to the list of reasons why a child could be withdrawn from a choice or charter school before the expiration of the statutory minimum enrollment period or why an application for admission or withdrawal could be accepted outside of the statutory timeframe for submission.This bill seeks to clarify and strengthen that law by adding a requirement that the instance of bullying must also be substantiated.This will ensure the integrity of the law by limiting its exploitation by persons who wish to change schools for unrelated reasons, but preserving the exception for children truly in need of special consideration due to school bullying. |
