LAWS OF DELAWARE
VOLUME 83
CHAPTER 426
151st GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 388
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AND
HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE SCHOOL SAFETY AND SECURITY FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4140, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4140. Delaware School Safety and Security Fund [Effective upon fulfillment of the contingency in 81 Del. Laws, c. 427, § 2]
(a) There is hereby created the Delaware School Safety and Security Fund to provide partial or full funding to school districts, vocational technical schools, or charter schools (LEAs) for projects intended to improve school safety or security. The fund shall initially be funded and shall thereafter be subject to available appropriations. The Department of Education shall maintain a list of all eligible schools, which shall be limited to high schools, middle schools, and elementary schools.
(b) The Department of Education shall administer the Delaware School Safety and Security fund to provide funding to school districts, vocational technical schools, or charter schools (LEAs) for certain expenses incurred on or after the effective date of this section for projects intended to improve school safety or security. The LEA, in conjunction with the Department of Education and Department of Safety and Homeland Security, shall determine which items to apply such funds to and the following expenses for the purposes of this section shall be considered minor capital, supporting implementation and programming expenditures expenditures and shall be eligible for such funds:
(1) Camera and monitoring equipment.
(2) Vestibule improvements to include framing, glass, hardware, and doors.
(3) Panic button hardware or software to include electronic software applications and technology, cell phone technology and applications.
(4) Door locks, window locks, or similar items.
(5) Magnet security systems.
(6) Swipe card systems.
(7) Visitor pass cameras and security systems.
(8) Door jamb opening sensors.
(9) Lock down drills.
(10) Motion detectors.
(11) Security lighting.
(12) Bus camera security systems.
(13) Bus GPS location systems.
(14) Restraint training.
(15) Comprehensive school threat assessments.
(16) Prevention training and other programs effectively that teach youth and adults how to prevent school violence, shootings, and other harmful actions. Programs and training should be aligned with Collaborative for Academic, Social, and Emotional Learning (CASEL) competencies for Social-Emotional Learning including relationship skills, social awareness, responsible decision-making and self-awareness.
(c) In addition to the expenses allowed under subsection (b) of this section, the LEA, in conjunction with the Department of Education and the Department of Safety and Homeland Security, may apply such funds to pay for constables or other law enforcement personnel to be utilized by the LEA.
(c)(d) The funds appropriated to the Delaware School Safety and Security Fund shall be distributed to the Department of Education and shall be allocated proportionately to LEAs based upon the previous year Division I unit count as certified in §§ 1704 and 1710 of this title. For purposes of this section, the provisions of § 7528(b) of Title 29 shall not apply.
(d)(e) The Department of Education and the Department of Safety and Homeland Security shall create a review process and establish a list of criteria for reviewing such requests from LEAs.
(e)(f) Charter schools shall not be eligible for improvements that would be considered major capital expenditures.
Approved September 9, 2022