Delaware 151st General Assembly (2021-2022) Status: In Committee 6 D cosponsors

HB 396 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL DISCIPLINE.

Last action — Tabled in Committee

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

This bill died with 151st General Assembly (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

It has been the case for several decades that when a juvenile is arrested or charged with certain crimes, the child's school is notified with an "Attorney General's letter" regardless of whether the crime occurred on school property or had anything at all to do with school. Children can then face disciplinary consequences in school, including being placed in an alternative setting, or even expelled. Since they face consequences in the justice system, this creates the possibility of double punishment. This Act codifies the notification process, limiting notifications to violent felonies, crimes that occur on school property or at a school event, or where the alleged victim attends the same school. It also requires that when an Attorney General’s report is sent, the Attorney General must send a follow-up report within 2 business days letting the school know how the case was resolved. Under this Act, schools may not take disciplinary action against a child while the charge is pending, and may take disciplinary action after case resolution only where it is necessary to protect the health and safety of the school community. Children who are separated from the school environment unnecessarily are likely to become more involved with the justice system. Schools may offer or require counseling or other services for students who are the subject of an Attorney General’s report. When the alleged victim is at the same school, the school may take safety steps as appropriate. The Act specifies that when a child has an IEP or 504 plan, their disability must be considered in the course of any disciplinary proceedings. Finally, the Act requires Attorney General’s reports be handled confidentially and retained past the case resolution only in specified circumstances.

Bill Text

Action History

  1. Tabled in Committee

  2. Introduced and Assigned to Education Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 6 co-sponsors · 54 not signed on

Sponsors (2)

Co-sponsors (6)

Not signed on (54)

54 members have not signed on to this bill.

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"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.

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Subjects

public-safety civil-rights education
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Frequently asked questions

What does HB 396 do?
It has been the case for several decades that when a juvenile is arrested or charged with certain crimes, the child's school is notified with an "Attorney General's letter" regardless of whether the crime occurred on school property or had anything at all to do with school. Children can then face disciplinary consequences in school, including being placed in an alternative setting, or even expelled. Since they face consequences in the justice system, this creates the possibility of double punishment. This Act codifies the notification process, limiting notifications to violent felonies, crimes that occur on school property or at a school event, or where the alleged victim attends the same school. It also requires that when an Attorney General’s report is sent, the Attorney General must send a follow-up report within 2 business days letting the school know how the case was resolved. Under this Act, schools may not take disciplinary action against a child while the charge is pending, and may take disciplinary action after case resolution only where it is necessary to protect the health and safety of the school community. Children who are separated from the school environment unnecessarily are likely to become more involved with the justice system. Schools may offer or require counseling or other services for students who are the subject of an Attorney General’s report. When the alleged victim is at the same school, the school may take safety steps as appropriate. The Act specifies that when a child has an IEP or 504 plan, their disability must be considered in the course of any disciplinary proceedings. Finally, the Act requires Attorney General’s reports be handled confidentially and retained past the case resolution only in specified circumstances.
Who sponsors HB 396?
HB 396 is sponsored by Marie Pinkney (Democratic), David P. Sokola (Democratic), Nnamdi O. Chukwuocha (Democratic), Larry Lambert (Democratic), Eric Morrison (Democratic), Madinah Wilson-Anton (Democratic), Paul S. Baumbach, and Sherry Dorsey Walker.
What is the current status of HB 396?
This bill died with 151st General Assembly (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 396?
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