Synopsis:

Signed: S.S. 1 for S.B. 85 was signed into law by Gov. John Carney on July 11, 2018.

S.S. 1 for S.B. 85 seeks to reduce Delaware schools’ use of “exclusionary” discipline models, such as out-of-school suspensions and expulsions, in favor of “restorative justice” models, which emphasize discussion, mediation and community involvement as ways to address problematic behavior. The bill’s supporters contended that out-of-school suspensions do not address the fundamental reasons for misbehavior and cause students to fall behind in class. They also, citing Delaware Department of Education data, highlighted concerns that out-of-school suspensions are often used to punish minor infractions such as dress code violations and that they disproportionately target students with disabilities and students in racial minorities. S.B. 85 therefore will require the Department of Education to issue a yearly report measuring each school’s rate of exclusionary discipline, both overall and among the subgroups of students that are especially at risk. The bill will create thresholds that, when exceeded for three consecutive years, trigger a requirement that the school design and implement a plan to reduce exclusionary discipline.

Supporters:

Sens. Margaret Rose Henry (D), Harris McDowell (D), Anthony Delcollo (R), Bryant Richardson (R); Reps. Valerie Longhurst (D), Kim Williams (D), David Bentz (D), Stephanie Bolden (D), Debra Heffernan (D), Helene Keeley (D), Sean Lynn (D), Trey Paradee (D), John Viola (D), Paul Baumbach (D), Deborah Hudson (R).

Opponents:

Sens. Colin Bonini (R), Gerald Hocker (R), Gregory Lavelle (R), Dave Lawson (R), Bryant Richardson (R).

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