DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 48

AMEND Senate Bill No. 48 on line 12 by inserting “ or bus attendant ” after “ driver ” and before the period therein.

FURTHER AMEND Senate Bill No. 48 on line 14 by inserting “ a bus attendant, ” after “ driver, ” and before “ a ” therein.

FURTHER AMEND Senate Bill No. 48 on line 15 after “ bus. ” by inserting the following:

“ For purposes of this paragraph (a)(3)b.3., a statement that a person plans to hire an attorney, seek a legal remedy, or inform others about concerns, is not a threat. ”.

FURTHER AMEND Senate Bill No. 48 by inserting the following after line 18:

“ (d)(1) A parent of a student with an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., or a Section 504 plan under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, does not violate paragraphs (a)(3)b.1. and (a)(3)b.2. of this section if they are addressing a health or safety concern involving their student in a manner that is safe for the other occupants of the school bus.

(2) For purposes of this subsection, “parent” means as defined in § 3101 of Title 14, if the student satisfies the definition of “child with a disability” under § 3101 of Title 14. Otherwise, “parent” means as defined in § 401A of Title 14. ”.

SYNOPSIS

This Senate Amendment adds bus attendants as follows:

(1) Identifies that bus attendants may be giving the order to exit the school bus and therefore adds that a person may be guilty of disorderly conduct if they refuse to comply with the lawful order made by the bus attendant.

(2) Adds that a person may be guilty of disorderly conduct if they threaten a bus attendant.

This Amendment specifies that it is not a “threat” for purposes of paragraph § 1301(a)(3)b.3. if a person makes a statement that they plan to hire an attorney, seek a legal remedy, or inform others about concerns.

This Amendment also gives additional protections for the parents of students with an Individualized Education Program (IEP) or a Section 504 plan to address a health or safety concern.

Author: Senator Sturgeon