Delaware General Assembly

House Education 5/9/24

Committee Hearing takes place within twelve legislative days.

4/11/24

Poore

Sen. Buckson
Reps. Longhurst, Dukes

Sen. Gay, Hansen, Hocker, Lawson, Mantzavinos, S. McBride, Pettyjohn, Pinkney, Sokola, Walsh, Wilson
Reps. Hensley, Hilovsky

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.

This Act is a result of the work of the Delaware Interscholastic Athletic Association ("DIAA") Task Force. The current process for promulgating DIAA-related regulations grants the regulatory authority to the Department of Education ("Department") which is, in turn, required to delegate its authority to the DIAA. The current process also requires steps in addition to the regulatory process already required under the Administrative Procedures Act, Chapter 101 of Title 29. The additional process encumbers the DIAA's ability to make changes to regulations with the speed and flexibility often needed in the regulation of interscholastic athletics. Language in Section 1 of this Act, in the second half of § 122(b)(15), Title 14, starting with "The Department shall not approve any rule or regulation that denies a student the right..." is removed from that paragraph. However, the language remains in Section 2 of this Act, in the already-existing § 303(b)(2), Title 14. This Act removes the requirements that the Secretary of the Department propose DIAA-related regulations and the State Board of Education approve the proposed regulations. It also removes the requirement that DIAA and Department collaborate to develop regulations. This Act grants directly to the DIAA the authority to promulgate regulations.

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Takes effect upon being signed into law

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