Delaware General Assembly

Signed 7/30/99

The General Assembly has ended, the current status is the final status.

5/27/99

Smith

Reps. Brady, Hudson, Ewing, Gilligan, Valihura, Cloutier, VanSant

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE AUTHORITY OF SCHOOL TEACHERS AND SCHOOL ADMINISTRATORS TO CONTROL THE DISRUPTIVE BEHAVIOR OF STUDENTS AND TO DISCIPLINE OR PUNISH STUDENTS.

Although a student is entitled to a free and appropriate education, the entitlement must be balanced with a school's responsibility to control the learning environment. To be accountable for student performance, educators must have clear authority to determine how to help students learn. This bill incorporates and broadens 14 Del. C. §701 by specifically authorizing a teacher or school administrator to remove a disruptive student from a classroom or other school activity, and to discipline or punish a student. The bill is based on the concept of "in loco parentis", the doctrine that charges a person who is not a child's parent with a parent's rights, duties, and responsibilities. The bill provides for due process, along with a rebuttable presumption that a teacher or administrator has acted reasonably, in good faith, and in accordance with policy, in cases where a student is removed from class or is disciplined or punished.

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Takes effect upon being signed into law

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