Bill Text: DE SB279 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: An Act To Amend Title 14 And Title 29 Of The Delaware Code Relating To School Safety.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2024-09-26 - Signed by Governor [SB279 Detail]
Download: Delaware-2023-SB279-Draft.html
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SPONSOR: |
Sen. Walsh & Rep. K. Williams |
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Sens. Hansen, Hoffner, Lawson, Lockman, Sokola; Rep. Hensley |
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE BILL NO. 279
AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 2306, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2306. Safety features in new school construction or major renovations [For applicability of this section, see 81 Del. Laws, c. 267, § 3].
(a) For purposes of this section, “major renovation” means a renovation project with costs equal to or greater than the threshold amount established for a Major Capital Improvement Program project under 14 DE Admin. Code 401. Regulation 401 of Title 14 of the Delaware Administrative Code.
(b) Whenever a new school is constructed or a major renovation undertaken, the construction or renovation must include at a minimum include, at a minimum, all of the following:
(2) Ballistic resistant glass or film or other ballistic resistant materials in all secured vestibule, lobby, and office areas used to screen visitors.
(d) If, after the review conducted under § 6307A (b)(7) of Title 29, the Department of Safety and Homeland Security finds that the district’s construction plan does not comply with the requirements of this section, then the district may request an additional review by the Secretary of the Department of Safety and Homeland Security. The Secretary of the Department of Safety and Homeland Security shall conduct a review of the district’s construction plan and make the final determination about the construction plan’s compliance with this section.
Section 2. Amend § 6307A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6307A. Facilities management.
(b) The Facilities Management Section shall review all building design, construction, and operations for state agencies, including school districts. The purpose of this review shall be is to:
(7) Coordinate a review of construction plans with by the Department of Safety and Homeland Security to evaluate the safety and security of newly constructed and renovated schools through the application of Crime Prevention Through Environmental Design (CPTED) principles and to verify compliance with the requirements of § 2306 of Title 14. For a school undergoing a major renovation, as defined in § 2306 of Title 14, the Facilities Management Section shall coordinate the review required in this paragraph before a certificate of necessity is submitted under § 7510 of this title.
Section 3. The requirement in Section 2 of this Act, that the Facilities Management Section shall coordinate the review required in § 6307A(b)(7) of Title 29 for a school undergoing a major renovation before a certificate of necessity is submitted under § 7510 of Title 29, does not apply to any project if a certificate of necessity has already been submitted before the date of this Act’s enactment into law.
SYNOPSIS
Section 2306 of Title 14 requires that when a new school is constructed or a major renovation is undertaken, the construction or renovation must include certain safety features, including a secured vestibule and the installation of "ballistic resistant glass or other ballistic resistant materials" in certain areas of the school.
This Act adds that ballistic resistant film may be used in addition to ballistic resistant glass. This Act also removes “or other ballistic resistant materials” because it was being interpreted to require ballistic resistant desks and other features that may not improve safety outcomes.
This Act also changes the review process for existing schools undergoing a major renovation. Ensuring existing schools are able to comply with the safety requirements in § 2306 can require expensive changes that are not necessarily clear from the outset. This Act requires that the school district and the Department of Safety and Homeland Security engage in the review under § 6307A of Title 29 before a certificate of necessity is submitted. This will ensure the safety requirements under § 2306 are met and allow school districts to have a better idea of how much money is needed to successfully complete the project without having to later reallocate funds from another source. The timing requirement added by this Act in § 6307A of Title 29 does not apply to a school undergoing a major renovation if the certificate of necessity was submitted before the date of this Act’s enactment into law.
This Act specifies that if there is disagreement about a construction plan’s compliance with school safety requirements after the review under § 6307A of Title 29, then the school district may request an additional review be conducted by the Secretary of the Department of Safety and Homeland Security. The Secretary shall review the construction plans and make the final determination about the construction plan’s compliance.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Walsh
