BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 14 of the Delaware Code by adding a new Chapter 43 and by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 43. Adult Sexual Misconduct in Schools Policy.
§ 4301. Adult sexual misconduct in schools policy. – Each school district and charter school shall establish a policy which shall require, at a minimum, all of the following:
(1) A provision establishing appropriate and inappropriate interactions between adult employees, contractors, coaches, and volunteers and students.
(2) A provision prohibiting adult sexual misconduct in schools which shall apply to employees, contractors, coaches, and volunteers.
(3) A provision prohibiting any sexual relationship between a student, even if the student is an adult, and a school district or charter school employee while the student is a current student.
(4) A provision emphasizing the mandatory reporting requirements of § 903 of Title 16.
(5) A procedure for notifying the Department of Education and law enforcement of suspected adult sexual misconduct.
(6) A provision delineating preferred and prohibited methods of electronic communications between school employees, contractors, coaches, and volunteers and students.
(7) A provision that substantiated incidents of adult sexual misconduct will be reported in future reference checks for employment or volunteer work.
(8) A provision requiring the development of hiring practices to screen for adult sexual misconduct in school employees, contractors, coaches, and volunteers.
Section 2. This Act takes effect for the 2023-2024 school year.
SYNOPSIS
This Act requires each school district and charter school to adopt a policy regarding appropriate relationships between school employees, contractors, coaches, and volunteers and students. The policy must include a provision establishing appropriate and inappropriate interactions; a prohibition against adult sexual misconduct; a prohibition against any sexual relationship between a school employee, contractor, coach, or volunteer and a student; an emphasis on the mandatory reporting obligations under § 903 of Title 16; a procedure for notifying the Department of Education and law enforcement of suspected adult sexual misconduct; guidelines for the preferred and prohibited methods of electronic communication; notice that substantiated incidents of adult sexual misconduct will be reported in future reference checks; and a provision requiring the development of hiring practices to screen for adult sexual misconduct. This Act will be implemented for the 2023-2024 school year.
Author: Senator Poore
