Delaware General Assembly

Passed 6/26/24

Ready for Governor for action

4/25/24

Walsh

Reps. K. Williams, Bush

Sen. Hansen, Hoffner, Lawson, Lockman, Sokola
Reps. Hensley, S. Moore

AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY.

Section 2306 of Title 14 requires that when a new school is constructed or a major renovation is undertaken, the construction or renovation must include certain safety features, including a secured vestibule and the installation of "ballistic resistant glass or other ballistic resistant materials" in certain areas of the school. This Act adds that ballistic resistant film may be used in addition to ballistic resistant glass. This Act also removes “or other ballistic resistant materials” because it was being interpreted to require ballistic resistant desks and other features that may not improve safety outcomes. This Act also changes the review process for existing schools undergoing a major renovation. Ensuring existing schools are able to comply with the safety requirements in § 2306 can require expensive changes that are not necessarily clear from the outset. This Act requires that the school district and the Department of Safety and Homeland Security engage in the review under § 6307A of Title 29 before a certificate of necessity is submitted. This will ensure the safety requirements under § 2306 are met and allow school districts to have a better idea of how much money is needed to successfully complete the project without having to later reallocate funds from another source. The timing requirement added by this Act in § 6307A of Title 29 does not apply to a school undergoing a major renovation if the certificate of necessity was submitted before the date of this Act’s enactment into law. This Act specifies that if there is disagreement about a construction plan’s compliance with school safety requirements after the review under § 6307A of Title 29, then the school district may request an additional review be conducted by the Secretary of the Department of Safety and Homeland Security. The Secretary shall review the construction plans and make the final determination about the construction plan’s compliance. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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Takes effect upon being signed into law

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