Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 14 D · 7 R cosponsors

SB 290 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ADULT SEXUAL MISCONDUCT IN SCHOOLS.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced May 09, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 29 sponsors

    3 primary, 26 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (14 D · 7 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act expands Erin's Law to require training and education on issues related to inappropriate relationships between adults and children, such as grooming. Erin's Law requires the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families to develop and maintain a curriculum to be used by Delaware's public schools to educate public school employees about personal body safety and child sexual abuse. Erin's Law is named in honor of Erin Merryn, a victim of child sexual abuse, who is working to enact legislation on this subject throughout the country. This act expands Erin's Law in several respects. The Act expands the range of grades that Erin's Law applies to from pre-kindergarten to grade 6 to pre-kindergarten to grade 12. In addition, the Act expands Erin's Law to require training for school employees on the prevention of inappropriate sexual misconduct, the establishment of appropriate adult and student interactions, and the warning signs of suspected adult sexual misconduct, with an emphasis on sexual grooming. It also expands the information available to parents and students to include information on the warning signs of adult sexual misconduct, including the derivative grooming of parents, methods for discussing adult sexual misconduct with students, resources for reporting suspected abuse, and counseling available to students and parents. Finally, the Act requires training and education for school administrators, school nurses, and school counselors on issues relating to inappropriate sexual relationships and grooming, such as strategies for the prevention of such misconduct, skills for responding to student disclosures of such misconduct, and measures to promote school recovery after an incident of such misconduct.

Bill Text

What changed in the latest version

116 added · 21 removed

116 line(s) added, 21 removed.

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Poore DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.
Poore & Sen.
1 TO SENATE BILL NO.
Brown & Rep.
290 AMEND Senate Bill No.
K.
290 by deleting lines 5 and 6 in their entirety and inserting in lieu thereof the following:
Williams Sens.
“( ) “Adult sexual misconduct” is any activity, physical, sexual, or otherwise, directed to a student with the objective of developing a romantic or sexual relationship.” FURTHER AMEND Senate Bill No.
Bonini, Ennis, Gay, Hansen, Hocker, Lawson, Lockman, Lopez, Mantzavinos, S.
290 by deleting lines 62 through 65 in their entirety.
McBride, Paradee, Pettyjohn, Pinkney, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson;
FURTHER AMEND Senate Bill No.
Reps.
290 by deleting lines 66 and 67 in their entirety and inserting in lieu thereof the following:
Briggs King, Lynn, Mitchell, Osienski, Ramone, Shupe, Michael Smith DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.
“(4) Each school district and charter school shall require a school administrator, school nurse, or school counselor to receive training in addition to the requirements set forth in paragraph (b)(1) of this title.
290 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ADULT SEXUAL MISCONDUCT IN SCHOOLS.
The training and education to be evidence-based, whenever available, that must include:” FURTHER AMEND Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
290 by deleting line 68 in its entirety.
Section 1.
FURTHER AMEND Senate Bill No.
Amend 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 accordingly:
290 on line 78 by inserting “and charter school” after “district” and before “policies.” SYNOPSIS This Amendment makes minor changes to clarify that "adult sexual misconduct," as defined in the bill, applies to certain activity, regardless of setting, and is not limited to the school setting.
§ 4161.
In addition, the Amendment clarifies that training and education for school administrators, school nurses, and school counselors must address obligations under district and charter school policies.
Definitions.
For purposes of this subchapter:
( ) “Adult sexual misconduct” is any sexual activity, physical or otherwise, occurring within a school setting and directed to a child with the objective of developing a romantic or sexual relationship.
( ) “Grooming for the purpose of sexual contact” means actions, interactions, communications in any capacity, and behaviors by a person of trust to build a relationship with a student or individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place.
( ) “Sexual contact” has the same meaning as defined in § 761 of Title 11.
( ) “Sexual penetration” has the same meaning as defined in § 761 of Title 11.
§ 4162.
Child safety awareness, prevention, and other nonacademic trainings.
(a) Each school district and charter school shall require its employees to receive 12.5 hours of training every 3 years consisting of all of the following:
(1) Three Four hours of a child abuse and child safety awareness, prevention, detection, and reporting training program established under § 4163(b)(1) of this title.
(4) One hour Two hours of additional, nonacademic training programs that are evidence-based, whenever available, and are related to a training subject required by this subchapter, as selected by the school district or charter school.
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Child abuse and child safety awareness, prevention, detection, and reporting.
(b) Educational programming.— The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families shall identify and maintain educational programming to be used by each school district and charter school for informing school district and charter school employees, students, and parents about personal body safety and child abuse and about how to detect and report child abuse.
The educational programming must include all of the following:
(1) Training and education for school district and charter school employees that is evidence-based, whenever available, in order to raise awareness of issues regarding personal body safety, child abuse, and child safety, and adult sexual misconduct in schools.
Such training and education must include the warning signs indicating that a child may be a victim of sexual abuse and other forms of child abuse, techniques for responding when child abuse is suspected or disclosed, and the employee’s mandatory reporting requirement under § 903 of Title 16.
Such training and education must include:
a.
Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct.
b.
Techniques for responding when child abuse is suspected or disclosed.
c.
Skills and policies to prevent inappropriate sexual misconduct.
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d.
Skills and policies to establish appropriate adult and student interactions.
e.
Warning signs of inappropriate interactions with students by school employees, contractors, coaches, or volunteers.
f.
Mandatory reporting requirements under § 903 of Title 16.
g.
Applicable state and federal civil and criminal laws and penalties for violations of such laws.
(2) Evidence-based, whenever available, age-appropriate instruction for students enrolled in grades pre- kindergarten through 6 12 that is related to personal body safety and sexual abuse and other forms of child abuse.
Such instruction shall include information on the difference between appropriate and inappropriate conduct and the actions that a child may take to be protected from sexual abuse and other forms of child abuse.
Such instruction shall be designed to build on skills learned the previous year.
(3) Information for parents of students enrolled in grades pre-kindergarten through 6 12, online or in- person upon request, on all of the following:
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Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct.
of a child who is being sexually abused or suffering from other forms of child abuse.
b.
Effective, age-appropriate methods for discussing personal body safety and child abuse, including sexual abuse and adult sexual misconduct.
sexual abuse and other forms of child abuse with a child.
c.
Resources for reporting child abuse suspected child abuse, including sexual abuse and adult sexual misconduct.
d.
Counseling and other resources available to a child who has been the victim of child abuse, including sexual abuse and adult sexual misconduct.
e.
Warning signs of adult sexual misconduct, including the derivative grooming of parents.
f.
Counseling and other resources available to parents.
(4) Evidence-based, whenever available, written materials for students enrolled in grades pre- kindergarten through 12 on establishing and maintaining appropriate interactions with adult employees, contractors, coaches, and volunteers, warning signs of inappropriate interactions with an emphasis on forms of sexual grooming, and how to report suspected adult sexual misconduct.
(5) Training and education for school administrators, school nurses, and school counselors that is evidence-based, whenever available, that must include:
a.
The training and education requirements set forth in paragraph (b)(1) of this section.
b.
Strategies for the prevention of misconduct and compliance with policies concerning the prevention of misconduct.
c.
Strategies for the establishment of appropriate adult and student interactions by school employees, contractors, coaches, and volunteers.
d.
Skills for responding to student disclosures of adult sexual misconduct, with an emphasis on disclosures that involve sexual grooming.
e.
Coordination with law enforcement and Title IX coordinators for any suspected violation of applicable policies or civil or criminal law.
f.
Measures to promote school recovery after an incident of adult sexual misconduct.
g.
Obligations under district policies and state and federal law, including mandatory reporting requirements under § 903 of Title 16.
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Skills for interviewing and completing reference checks on potential employees.
(e) Nothing in this section shall be construed to limit reporting obligations under Chapter 9 of Title 16.
Section 2.
This Act takes effect starting with the 2023/2024 school year.
SYNOPSIS This Act expands Erin's Law to require training and education on issues related to inappropriate relationships between adults and children, such as grooming.
Erin's Law requires the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families to develop and maintain a curriculum to be used by Delaware's public schools to educate public school employees about personal body safety and child sexual abuse.
Erin's Law is named in honor of Erin Merryn, a victim of child sexual abuse, who is working to enact legislation on this subject throughout the country.
This act expands Erin's Law in several respects.
The Act expands the range of grades that Erin's Law applies to from pre-kindergarten to grade 6 to pre-kindergarten to grade 12.
In addition, the Act expands Erin's Law to require training for school employees on the prevention of inappropriate sexual misconduct, the establishment of appropriate adult and student interactions, and the warning signs of suspected adult sexual misconduct, with an emphasis on sexual grooming.
It also expands the information available to parents and students to include information on the warning signs of adult sexual misconduct, including the derivative grooming of parents, methods for discussing adult sexual misconduct with students, resources for reporting suspected abuse, and counseling available to students and parents.
Finally, the Act requires training and education for school administrators, school nurses, and school counselors on issues relating to inappropriate sexual relationships and grooming, such as strategies for the prevention of such misconduct, skills for responding to student disclosures of such misconduct, and measures to promote school recovery after an incident of such misconduct.
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Reported Out of Committee (Appropriations) in House with 6 On Its Merits

  4. Assigned to Appropriations Committee in House

  5. Reported Out of Committee (Education) in House with 4 Favorable, 13 On Its Merits

  6. Assigned to Education Committee in House

  7. Passed By Senate. Votes: 21 YES

  8. Amendment SA 1 to SB 290 - Passed By Senate. Votes: 21 YES

  9. Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits

  10. Assigned to Finance Committee in Senate

  11. Reported Out of Committee (Education) in Senate with 4 Favorable, 2 On Its Merits

  12. Amendment SA 1 to SB 290 - Introduced and Placed With Bill

  13. Introduced and Assigned to Education Committee in Senate

Sponsors

Sponsorship breakdown

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3 sponsors · 26 co-sponsors · 33 not signed on

Sponsors (3)

Co-sponsors (26)

Not signed on (33)

33 members have not signed on to this bill.

Show all 33 →

"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

3/5

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore 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
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety civil-rights education
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 SB 290 do?
This Act expands Erin's Law to require training and education on issues related to inappropriate relationships between adults and children, such as grooming. Erin's Law requires the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families to develop and maintain a curriculum to be used by Delaware's public schools to educate public school employees about personal body safety and child sexual abuse. Erin's Law is named in honor of Erin Merryn, a victim of child sexual abuse, who is working to enact legislation on this subject throughout the country. This act expands Erin's Law in several respects. The Act expands the range of grades that Erin's Law applies to from pre-kindergarten to grade 6 to pre-kindergarten to grade 12. In addition, the Act expands Erin's Law to require training for school employees on the prevention of inappropriate sexual misconduct, the establishment of appropriate adult and student interactions, and the warning signs of suspected adult sexual misconduct, with an emphasis on sexual grooming. It also expands the information available to parents and students to include information on the warning signs of adult sexual misconduct, including the derivative grooming of parents, methods for discussing adult sexual misconduct with students, resources for reporting suspected abuse, and counseling available to students and parents. Finally, the Act requires training and education for school administrators, school nurses, and school counselors on issues relating to inappropriate sexual relationships and grooming, such as strategies for the prevention of such misconduct, skills for responding to student disclosures of such misconduct, and measures to promote school recovery after an incident of such misconduct.
Who sponsors SB 290?
SB 290 is sponsored by Nicole Poore (Democratic), Darius J. Brown (Democratic), Kimberly Williams (Democratic), Stephanie L. Hansen (Democratic), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), S. Elizabeth Lockman (Democratic), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Brian Pettyjohn (Republican), Marie Pinkney (Democratic), Bryant L. Richardson (Republican), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), Bryan Townsend (Democratic), John "Jack" Walsh (Democratic), David L. Wilson (Republican), Sean M. Lynn (Democratic), Edward S. Osienski (Democratic), Bryan W. Shupe (Republican), Michael F. Smith (Republican), Kyle Evans Gay, Michael Ramone, John L. Mitchell, Ruth Briggs King, Sarah McBride, Ernesto B Lopez, Bruce C. Ennis, and Colin Bonini.
What is the current status of SB 290?
This bill has been enacted into law. Introduced May 09, 2022. Enacted.
Where can I track SB 290?
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