Delaware 153rd General Assembly (2025-2026) Status: Enacted Bipartisan · 7 D · 1 R cosponsors

HB 79 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON THE USE OF SECLUSION AND RESTRAINT.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 18, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on July 30, 2025.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    8 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act requires additional reporting and disclosure related to the use of mechanical restraint and seclusion in public schools. While public school personnel cannot use mechanical restraint or seclusion on students in absence of a waiver, law-enforcement officers can. This Act requires the Department of Education to collect data from public schools about the use of mechanical restraint and seclusion, in addition to the physical restraint data that is already collected. The Department of Education shall include the mechanical restraint and seclusion data in its annual report. This Act adds a specific date by which the annual report is due. Additionally, the annual report must be submitted to certain entities, including the Delaware School Boards Association and the boards of education of school districts and the boards of directors of charter schools. This Act also adds mechanical restraint and seclusion to the parental notice requirement and special procedures and safeguard requirements that already exist for use of physical restraint. Though § 4112F defines “chemical restraint”, chemical restraint cannot be performed by anyone in a public school. Therefore, this Act does not add chemical restraint to data collection, reporting, parental notification, or safeguard requirements. Furthermore, this Act adds a definition of school resource officer (SRO) to clarify that SROs are law-enforcement officers. This Act requires the Department of Education to amend its regulations in accordance with the definitions in this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including correctly formatting lists and revising § 4112F(d) of Title 14, the subsection addressing particular training requirements for SROs, to account for the creation of a definition of SRO. One technical correction in § 4112F(d) is changing a “shall not” to a “may not” as it applies to the prohibition against the use of SROs who have not complied with mandated training requirements. According to Rule 12 in the Legislative Drafting Manual, “shall not” should be avoided in legislative drafting. Furthermore, both “may not” and “must not” are proper ways to express a prohibition in the Delaware Code. They convey the same level of mandatory prohibition except that “may not” qualifies a verb in active voice while “must not” qualifies an inactive verb or an active verb in passive voice. This technical correction still prohibits school districts and charter schools from using an SRO who has not satisfied the training requirements in § 4112F(d). This Act takes effect on August 1, 2025.

Bill Text

What changed in the latest version

162 added · 38 removed

Plain-language change summary

The amendment to HB 79 updates definitions and clarifies the use of mechanical and physical restraints on students, ensuring that certain therapeutic devices are not included in these definitions. Additionally, it requires the Department of Education to collect and report data from the Police Officer Standards and Training Commission regarding law enforcement's use of restraints and seclusion in schools. It also allows school districts to temporarily use law enforcement officers who are not trained as school resource officers when necessary and changes the effective date of the legislation from 2025 to 2026 to give more time for implementation.

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Morrison HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Morrison & Sen.
2 TO HOUSE BILL NO.
Lockman Reps.
79 AMEND House Bill No.
Griffith, Burns, Ross Levin, Gorman, S.
79 on line 77 by inserting “a.” after “(2)” and before “To” therein.
Moore, Lambert;
FURTHER AMEND House Bill No.
Sen.
79 after line 78 and before line 79 by inserting the following:
Sokola HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.
“b.
79 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON THE USE OF SECLUSION AND RESTRAINT.
The Department of Education shall request from the Police Officer Standards and Training Commission (POST), any data related to law-enforcement officer use of physical restraint, mechanical restraint, or seclusion on a student in a public school collected by POST.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
c.1.
Section 1.
POST shall provide the requested data under paragraph (c)(2)b.
Amend § 4112F, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:
of this section to the Department of Education.
§ 4112F.
Limitations on use of seclusion and restraint.
(a) Definitions.
— The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:
For purposes of this section:
(2) “Mechanical restraint” means the application of any device or object that restricts a student’s freedom of movement or normal access to a portion of the body that the student cannot easily remove.
“Mechanical restraint” does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including any of the following:
a.
Restraints for medical immobilization;
immobilization.
b.
Adaptive devices or mechanical supports used to allow greater freedom of movement stability than would be possible without use of such devices or mechanical supports;
supports.
c.
Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
vehicle.
d.
Instruction and use of restraints as part of a criminal justice or other course;
or course.
e.
Notwithstanding their design for other purposes, adaptive use of benign devices or objects, including mittens and caps, to deter self-injury.
(3) “Physical restraint” means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head.
“Physical restraint” does not include physical contact that:
that satisfies any of the following:
a.
Helps a student respond or complete a task;
task.
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03/18/2025 10:42 AM b.
Is needed to administer an authorized health-related service or procedure;
or procedure.
c.
Is needed to physically escort a student when the student does not resist or the student’s resistance is minimal.
(4) “Public school personnel” means an employee or contractor of a public school district or charter school.
“Public school personnel” does not include any of the following:
a.
A law-enforcement officer as defined in § 9200(b) of Title 11;
or 11, including an SRO.
b.
An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility.
(5) “School resource officer” or “SRO” means a law-enforcement officer, as defined in § 9200(b) of Title 11, who is stationed in a school district or charter school.
(b) Prohibition and restriction on use.
— (1) Public school personnel are prohibited from imposing on any student any of the following:
a.
Chemical restraint;
and restraint.
b.
Subject to waiver authorized pursuant to paragraph (c)(4) of this section, mechanical restraint and seclusion.
(2) Public school personnel may impose physical restraint only in conformity with all of the following standards:
a.
The student’s behavior presents a significant and imminent risk of bodily harm to self or others;
others.
b.
The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication;
communication.
c.
The physical restraint does not interfere with the student’s ability to breathe or place weight or pressure on the student’s head, throat, or neck;
do either of the following:
1.
Interfere with the student’s ability to breathe.
For the mechanical restraint data, POST shall provide the Department of Education the total number of mechanical restraints that occurred disaggregated by whether the law-enforcement officer was required to use mechanical restraint in that situation, and if so, why that restraint was required.”.
Place weight or pressure on the student’s head, throat, or neck.
FURTHER AMEND House Bill No.
d.
79 on line 81 after “results.” by inserting the following:
The physical restraint does not recklessly exacerbate a medical or physical condition of the student;
“The Department of Education shall incorporate the data received from POST under paragraph (c)(2) of this section into the annual report.”.
student.
FURTHER AMEND House Bill No.
e.
79 on line 117 after “herein.” by inserting the following:
Less restrictive interventions have been ineffective in stopping the significant and imminent risk of bodily harm to the student or others, except in case of a rare and clearly unavoidable emergency circumstance posing imminent risk of bodily harm, including, without limitation, including intervening in a student initiated student-initiated physical assault or altercation;
“This paragraph does not prohibit a school district or charter school from using a law-enforcement officer who is not trained as an SRO to fill in for an SRO who is temporarily absent.”.
altercation.
FURTHER AMEND House Bill No.
79 on line 119 by deleting “2025.” and inserting in lieu thereof the following:
“2026.”.
SYNOPSIS This Amendment to HB 79 does the following:
- Incorporates the amendments made in HA 1 into this Amendment for ease and efficiency.
HA 1 added language to ensure that the law conforms to the current practice regarding school resource officer temporary absences.
It also changed the effective date from August 1, 2025, to August 1, 2026, to provide the Department of Education with additional time to prepare to implement HB 79.
- Adds a paragraph a.
so paragraphs (c)(2)b.
and (c)(2)c.
can be added.
- Adds paragraph (c)(2)b.
which requires the Department of Education to get data that the Police Officer Standards and Training Commision collects relating to use of restraint and seclusion.
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which requires the Police Officer Standards and Training Commission to provide that data to the Department of Education.
For a student with a disability as defined in Chapter 31 of this title or 34 C.F.R.
Paragraph (c)(2)c.2.
Part 104, the physical restraint does not contravene provisions in an individualized education program (IEP), behavior intervention plan, accommodation plan, or any other planning document for the individual student;
requires the inclusion of additional information related to mechanical restraint.
student.
- This Amendment requires the Department of Education to incorporate the data it receives from the Police Officer Standards and Training Commission into the annual report required under § 4112F of Title 14.
g.
Personnel use only the amount of force necessary to protect the student or others from the threatened harm;
harm.
h.
The physical restraint ends when a medical condition occurs putting the student at risk of harm or the student’s behavior no longer presents an a significant and imminent risk of bodily harm to the student or others;
others.
i.
The physical restraint is within the scope of force authorized by § 468 of Title 11;
and 11.
j.
The physical restraint conforms to applicable regulations promulgated by the Department of Education.
(c) Department of Education role;
regulations.
— (1) The Department of Education shall promulgate regulations implementing this section.
Such regulations shall include, but not be limited to, the following:
These regulations must include all of the following:
a.
Requirement of uniform public school data collection on each use of physical restraint, collection, by school, which includes demographic information on affected students such as age, gender, race, ethnicity, and disability category, if any;
any, about all of the following:
1.
Each use of physical restraint.
2.
Each use of mechanical restraint.
3.
Each use of seclusion.
b.
Requirement of timely parental notice in event of use of physical restraint;
restraint, mechanical restraint, or seclusion.
c.
Special procedures and safeguards applicable to use of physical restraint restraint, mechanical restraint, and seclusion for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R.
Part 104;
and 104.
d.
Recommended or required training of public school personnel in implementing this section.
(2) To facilitate data collection and analysis, the Department of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or nonelectronic format.
(3)a.
The Department of Education shall issue an annual report by November 30 of each year on use of physical restraint restraint, mechanical restraint, and seclusion, which includes rates of usage by school and by subcategories identified in paragraph (c)(1)a.
of this section, identifies trends, and analyzes significant results.
b.
The Department of Education shall submit the report to all of the following:
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The Secretary of the Senate, for distribution to all Senators.
2.
The Chief Clerk of the House of Representatives, for distribution to all Representatives.
3.
The Librarian and the Director of the Division of Legislative Services.
4.
The President of the Delaware School Boards Association.
5.
The president of each board of education of a school district under Subchapter III of Chapter 10 of this title and the president of each board of directors of a charter school under § 504 of this title.
(4) Unless proscribed by federal law, the Secretary of the Department of Education may issue a waiver of the prohibition on mechanical restraint and seclusion for an individual student based on compelling justification and subject to specific conditions and safeguards which must include a requirement of continuous visual staff monitoring and parental notice of each use of mechanical restraint or seclusion.
(d) School resource officer training.
— Training and reporting related to employees, contractors, or subcontractors excluded from the definition of “public school personnel” under paragraph (a)(4) of this section shall be SROs is governed by this subsection.
This subsection shall be limited to those employees, contractors, or subcontractors is limited to SROs who will assist with or independently intervene with students with disabilities, which shall include includes all students eligible to be identified as students with disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C.
§ 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C.
§ 794] and The Americans with Disabilities Act (ADA) [42 U.S.C.
§ 12101 et seq.].
(1) Employees, contractors, and subcontractors School resource officers governed by this subsection shall annually receive the following awareness training from their school district or charter school:
d.
Such other Other training as is necessary to protect the health and well-being of students with disabilities as promulgated in implementing regulation, which shall must include basic awareness training specific to individualized education programs (IEP), functional behavior assessments assessments, and behavior support plans.
e.
This training shall must include references as to how it relates to school resource officer (SRO) SRO duties and responsibilities outlined in their employment contract and school district or charter school memorandum of agreement (MOA).
This training shall must be consistent with the annual training already provided to school district or charter school educators.
(2) Employees, contractors, and subcontractors, School resource officers governed by this subsection shall annually participate in the SRO training provided by the State Police or equivalent training provided by the police department employing the SRO in the school district or charter.
charter school.
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03/18/2025 10:42 AM (4) Reporting and notification practices for incidents involving employees, contractors, or subcontractors SROs covered by this subsection shall must be consistent with reporting and notification requirements for school personnel, and shall must include a police report identification number where if a police report exists.
(6) School districts or charter schools shall not contract with or employ individuals may not use SROs who are covered by this subsection, but do not comply with the training requirements set out herein.
Section 2.
The Department of Education shall amend its regulations in accordance with the definitions in this Act.
Section 3.
This Act takes effect on August 1, 2025.
SYNOPSIS This Act requires additional reporting and disclosure related to the use of mechanical restraint and seclusion in public schools.
While public school personnel cannot use mechanical restraint or seclusion on students in absence of a waiver, law-enforcement officers can.
This Act requires the Department of Education to collect data from public schools about the use of mechanical restraint and seclusion, in addition to the physical restraint data that is already collected.
The Department of Education shall include the mechanical restraint and seclusion data in its annual report.
This Act adds a specific date by which the annual report is due.
Additionally, the annual report must be submitted to certain entities, including the Delaware School Boards Association and the boards of education of school districts and the boards of directors of charter schools.
This Act also adds mechanical restraint and seclusion to the parental notice requirement and special procedures and safeguard requirements that already exist for use of physical restraint.
Though § 4112F defines “chemical restraint”, chemical restraint cannot be performed by anyone in a public school.
Therefore, this Act does not add chemical restraint to data collection, reporting, parental notification, or safeguard requirements.
Furthermore, this Act adds a definition of school resource officer (SRO) to clarify that SROs are law-enforcement officers.
This Act requires the Department of Education to amend its regulations in accordance with the definitions in this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including correctly formatting lists and revising § 4112F(d) of Title 14, the subsection addressing particular training requirements for SROs, to account for the creation of a definition of SRO.
One technical correction in § 4112F(d) is changing a “shall not” to a “may not” as it applies to the prohibition against the use of SROs who have not complied with mandated training requirements.
According to Rule 12 in the Legislative Drafting Manual, “shall not” should be avoided in legislative drafting.
Furthermore, both “may not” and “must not” are proper ways to express a prohibition in the Delaware Code.
They convey the same level of mandatory prohibition except that “may not” qualifies a verb in active voice while “must not” qualifies an inactive verb or an active verb in passive voice.
This technical correction still prohibits school districts and charter schools from using an SRO who has not satisfied the training requirements in § 4112F(d).
This Act takes effect on August 1, 2025.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This amendment requires the Department of Education to obtain and report data on law enforcement's use of restraints and seclusion in schools.

  • a.

    Inserts a subsection to facilitate the addition of further paragraphs.

  • b. The Department of Education shall request from the Police Officer Standards and Training Commission (POST), any data related to law-enforcement officer use of physical restraint, mechanical restraint, or seclusion on a student in a public school collected by POST.

    Requires the Department of Education to request certain data from POST regarding restraint and seclusion in public schools.

  • c.1. POST shall provide the requested data under paragraph (c)(2)b. of this section to the Department of Education.

    Requires POST to provide the requested restraint and seclusion data to the Department of Education.

  • 2. For the mechanical restraint data, POST shall provide the Department of Education the total number of mechanical restraints that occurred disaggregated by whether the law-enforcement officer was required to use mechanical restraint in that situation, and if so, why that restraint was required.

    Mandates that POST provide detailed mechanical restraint data, enhancing transparency around its use.

  • The Department of Education shall incorporate the data received from POST under paragraph (c)(2) of this section into the annual report.

    Requires the Department of Education to include the new data from POST in its annual reports.

  • This paragraph does not prohibit a school district or charter school from using a law-enforcement officer who is not trained as an SRO to fill in for an SRO who is temporarily absent.

    Clarifies that untrained officers can temporarily fill in for trained School Resource Officers.

  • 2025. → 2026.

    Extends the implementation date of the law from 2025 to 2026.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Education) in Senate with 4 On Its Merits

  4. Assigned to Education Committee in Senate

  5. Passed By House. Votes: 29 YES 8 NO 4 ABSENT

  6. Amendment HA 2 to HB 79 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 79 - Stricken in House

  8. Amendment HA 2 to HB 79 - Introduced and Placed With Bill

  9. Reported Out of Committee (Education) in House with 6 Favorable, 3 On Its Merits

  10. Amendment HA 1 to HB 79 - Introduced and Placed With Bill

  11. Introduced and Assigned to Education Committee in House

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 54 not signed on · 8 voted No

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (54)

54 members have not signed on to this bill.

Show all 54 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 6000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 29 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 23003
Republican 6800
Unaffiliated 0001
Total 29804
% of votes cast 71%20%0%10%
How each member voted (41)
Member Party Vote
Stell Parker Selby — Not Voting
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Not Voting
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Not Voting
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 79 do?
This Act requires additional reporting and disclosure related to the use of mechanical restraint and seclusion in public schools. While public school personnel cannot use mechanical restraint or seclusion on students in absence of a waiver, law-enforcement officers can. This Act requires the Department of Education to collect data from public schools about the use of mechanical restraint and seclusion, in addition to the physical restraint data that is already collected. The Department of Education shall include the mechanical restraint and seclusion data in its annual report. This Act adds a specific date by which the annual report is due. Additionally, the annual report must be submitted to certain entities, including the Delaware School Boards Association and the boards of education of school districts and the boards of directors of charter schools. This Act also adds mechanical restraint and seclusion to the parental notice requirement and special procedures and safeguard requirements that already exist for use of physical restraint. Though § 4112F defines “chemical restraint”, chemical restraint cannot be performed by anyone in a public school. Therefore, this Act does not add chemical restraint to data collection, reporting, parental notification, or safeguard requirements. Furthermore, this Act adds a definition of school resource officer (SRO) to clarify that SROs are law-enforcement officers. This Act requires the Department of Education to amend its regulations in accordance with the definitions in this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including correctly formatting lists and revising § 4112F(d) of Title 14, the subsection addressing particular training requirements for SROs, to account for the creation of a definition of SRO. One technical correction in § 4112F(d) is changing a “shall not” to a “may not” as it applies to the prohibition against the use of SROs who have not complied with mandated training requirements. According to Rule 12 in the Legislative Drafting Manual, “shall not” should be avoided in legislative drafting. Furthermore, both “may not” and “must not” are proper ways to express a prohibition in the Delaware Code. They convey the same level of mandatory prohibition except that “may not” qualifies a verb in active voice while “must not” qualifies an inactive verb or an active verb in passive voice. This technical correction still prohibits school districts and charter schools from using an SRO who has not satisfied the training requirements in § 4112F(d). This Act takes effect on August 1, 2025.
Who sponsors HB 79?
HB 79 is sponsored by Spiros Mantzavinos (Democratic), David P. Sokola (Democratic), Mara Gorman (Democratic), Bryant L. Richardson (Republican), Nicole Poore (Democratic), Josue O Ortega (Democratic), Eric Morrison (Democratic), and Melanie Ross Levin (Democratic).
What is the current status of HB 79?
This bill has been enacted into law. Introduced March 18, 2025. Enacted.
Where can I track HB 79?
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