Bill Text: DE SB94 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To A Military Connected Identifier In Delaware Public Schools
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2015-08-04 - Signed by Governor [SB94 Detail]
Download: Delaware-2015-SB94-Draft.html
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SPONSOR: |
Sen. Bushweller & Rep. Jaques |
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Sens. Ennis, Lopez; Reps. Carson, Lynn, B. Short, M. Smith, Wilson |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 94 |
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO A MILITARY CONNECTED IDENTIFIER IN DELAWARE PUBLIC SCHOOLS |
Section 1.Amend §122(b), Title 14 of the Delaware Code by making additions as shown by insertions as shown by underline as follows:
§122 Rules and regulations.
(a) The Department shall adopt rules and regulations, consistent with the laws of this State, for the maintenance, administration and supervision throughout the State of a general and efficient system of free public schools in accordance with this title, including the rules and regulations specified in subsection (b) of this section. Such rules and regulations, when prescribed and published, shall not extend, modify or conflict with any law of this State or the reasonable implications thereof, and shall be binding throughout the State.
(b) The Department shall prescribe rules and regulations:
(25) Providing
for the governance of any longitudinal data system or database, and governing
the collection, use, maintenance, disclosure and sharing of educational records
and the information contained therein. Rules and regulations promulgated
pursuant to this subparagraph shall be developed in consultation and
cooperation with the P-20 Council and Interagency Resource Management Committee
(IRMC) and with the consent of the State Board of Education and shall comply
with state and federal privacy and confidentiality laws, including, without
limitation, the Family Educational Rights and Privacy Act [20 U.S.C. §1232g],
the Protection of Pupil Rights Amendment [20 U.S.C. §1232h] and the
Individuals with Disabilities Education Act [20 U.S.C. §1401 et seq.] each as
amended from time to time; and.
(26) Establishing, for
purposes of student discipline, uniform definitions for student conduct which
may result in alternative placement or expulsion, uniform due process
procedures for alternative placement meetings and expulsion hearings, and
uniform procedures for processing Attorney General's reports. Such regulations
shall apply to all districts and charter schools. This paragraph shall not be
interpreted to restrict the ability of district and charter schools to
determine which student conduct shall result in expulsion or an alternative
placement.; and
(27) Developing a process for districts and charter schools to annually identify enrolled students who is a "military connected youth". For purposes of this section, a "military-connected youth" means having an immediate family member, including a parent, step-parent, sibling or any other person residing in the same household, who is on active duty in; serving in the reserve component; or recently retired from of a "branch of the United States armed forces." For purposes of this section, "branch of the United States armed forces" means:
(1) United States Army;
(2) United States Air Force;
(3) United States Marine Corps;
(4) United States Navy;
(5) National Guard;
(6) United States Coast Guard;
(7) National Oceanic and Atmospheric Administration; or
(8) United States Public Health Service.
The identification of a "military-connected youth" shall not be used for purposes of determining school achievement, growth, or performance.Provided further, the identification of a "military-connected youth" is not a public record under Delaware's Freedom of Information Act [Chapter 100 of Title 29] or any other law and shall not be made public by any person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g. et seq.Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education.
SYNOPSIS
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This Act requires the Department to develop a regulation for the identification of a "military-connected youth". The Act further provides that this identification is not a public record, is protected by the federal Family Educational and Privacy Act and shall not be used for purposes of determining school achievement, growth or performance.The purpose of this identification is to ensure the necessary individuals at the school level are aware of any military connected youth for services and supports. |
Author: Senator Bushweller
