SB 48 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISORDERLY CONDUCT.

Sturgeon DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.

1K. TO SENATE BILL NO.

48Williams AMENDSens. Senate Bill No.

48Buckson, onHansen, lineHoffner, 12Pettyjohn, byRichardson; inserting “or bus attendant” after “driver” and before the period therein.

FURTHERReps. AMEND Senate Bill No.

48Burns, onHilovsky, lineD. 14 by inserting “a bus attendant,” after “driver,” and before “a” therein.

FURTHERShort, AMENDYearick SenateDELAWARE BillSTATE No.SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.

48 onAN lineACT 15TO afterAMEND “bus.”TITLE by11 insertingOF theTHE following:DELAWARE CODE RELATING TO DISORDERLY CONDUCT.

“ForBE purposesIT ofENACTED thisBY paragraphTHE (a)(3)b.3.,GENERAL aASSEMBLY statementOF thatTHE aSTATE personOF plansDELAWARE to(Two-thirds hireof anall attorney,members seekelected ato legaleach remedy,house orthereof informconcurring otherstherein): about concerns, is not a threat.”.

FURTHERSection AMEND1. Senate Bill No.

48Amend by§ inserting1301, Title 11 of the followingDelaware afterCode lineby 18:making deletions as shown by strike through and insertions as shown by underline as follows:

“(d)(1)§ A1301. parent of a student with an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.

§Disorderly 1400conduct; et seq., or a Section 504 plan under § 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§unclassified 794,misdemeanor. does not violate paragraphs (a)(3)b.1.

and(a) (a)(3)b.2.A person is guilty of disorderly conduct when:

ofwhen thisany 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 schoolfollowing bus.apply:

(2) ForThe purposesperson ofengages thiswith subsection,at “parent”least means1 other person in a course of disorderly conduct as defined in §paragraph 3101(a)(1) of Titlethis 14,section ifwhich theis studentlikely satisfiesto thecause definitionsubstantial ofharm “childor withserious ainconvenience, disability”annoyance underor §alarm, 3101and ofrefuses Titleor 14.knowingly fails to obey an order to disperse made by a peace officer to the participants.

Otherwise,(3) “parent”The meansperson asintentionally definedinterferes inwith §the 401Aoperation of Titlea 14.”.school bus if both of the following apply:

SYNOPSISa. This Senate Amendment adds bus attendants as follows:

(1)The Identifies that bus attendants may be giving the order to exit the school bus andis thereforetransporting, addspicking thatup, aor persondropping mayoff bestudents. guilty of disorderly conduct if they refuse to comply with the lawful order made by the bus attendant.

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

ThisThe Amendmentperson specifiesdoes thatany it is not a “threat” for purposes of paragraphthe §following: 1301(a)(3)b.3.

if1. a person makes a statement that they plan to hire an attorney, seek a legal remedy, or inform others about concerns.

ThisBoards Amendment also gives additional protections for the parentsschool ofbus studentsand withrefuses anto Individualizedexit Educationafter Programbeing (IEP)lawfully orordered a Section 504 plan to addressexit aby healththe orschool safetybus concern.driver.

2.

Wrongfully restricts the movement of the school bus.

3.

Threatens the school bus driver, a student, or any passenger entering, leaving, or waiting for the school bus.

(b) Disorderly conduct is an unclassified misdemeanor.

(c) A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for a violation of paragraph (a)(3) of this section.

SYNOPSIS This Act adds intentional interference with the operation of a school bus to the offense of disorderly conduct.

Intentional interference with a school bus may include boarding a school bus and refusing to exit after being lawfully ordered to do so by the school bus driver;

wrongfully restricting the movement of a school bus;

or threatening the school bus driver, a student, or any passenger entering, leaving, or waiting for a school bus.

A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus.

DLS :

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01/22/2025 01:20 PM This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of an inferior court.

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