Delaware General Assembly


CHAPTER 32

FORMERLY

HOUSE BILL NO. 90

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SUICIDE PREVENTION IN SCHOOLS.

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

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

§ 4124 Suicide prevention.

(a) Each local education agency shall ensure that its public school employees receive combined training each year totaling 90 minutes on suicide prevention. The training materials shall be evidence based and developed and/or approved by the Department of Health and Social Services, the Department of Services for Children, Youth and their Families and the Department of Education. Any in-service training required by this section shall be provided within the contracted school year as provided in §1305(e) of this title.

(b) Each local education agency shall establish a policy which shall require but not be limited to the following:

(1) Recognition of the serious problem of youth suicide.

(2) The development of a suicide prevention program.

(3) That each school within a local education agency establish a committee that is responsible for coordinating the suicide prevention program within that school.

(4) A statement prohibiting retaliation against an employee, school volunteer or student for reporting the warning signs of suicide.

(5) That a procedure be established for the confidential and anonymous reporting of the warning signs of suicide.

(6) That a procedure be established for communication between school staff members and medical professionals who are involved in treating students for suicide issues.

(c) Each local education agency shall adopt the policy required by subsection (b) and shall submit a copy to the Delaware Department of Education by September 1, 2016. Any policy changes shall be provided to the Department within 60 calendar days. For any local education agency opening after September 1, 2016, the policy shall be provided by September 1st of the year the local education agency opens.

(d) The policy adopted pursuant to this section shall appear in the student and staff handbook and on the website of each local education agency.

(e) A school employee, school volunteer or student is individually immune from a cause of action for damages arising from reporting warning signs of suicide to the appropriate person or persons using the procedures specified in the local education agency’s suicide prevention policy, but there shall be no such immunity if the act of reporting constituted gross negligence and/or reckless, willful or intentional conduct.

Approved June 08, 2015