By Joseph Edelen

DOVER— A bill that would have increased penalties for individuals who injure school personnel was tabled by members of the House of Representatives’ Education Committee on Wednesday.

The legislation’s defeat came just one day after the establishment of the Student Behavior and School Climate Task Force, which will study how student discipline contributes to learning and educator satisfaction and develop recommendations on how to address these issues.

Under House Substitute 1 for House Bill 22, led by House Minority Whip Lyndon Yearick, R-Magnolia, “recklessly or intentionally” causing physical injury to school personnel would lead to a second-degree assault charge.

The legislation, known as the “The School Personnel Protection Act,” casts a wide net of security for school staff, as it includes teachers, administrators, librarians, bus drivers and coaches under its purview.

During the bill’s hearing, Rep. Yearick referenced statistics included in a Feb. 29 Daily State News article regarding school arrests, which have been on the rise since 2018 and have increased again during the 2023-2024 school year, according to Delaware State Police.

As of Feb. 20, there have been 333 arrests made at schools by Delaware State Police during the 2023-24 year, Rep. Yearick read, compared to 341 in all of 2022-23.

Further, of the total arrests made during the current academic year, there have been 54 for third-degree assault, the agency reported.

“It's an issue that unfortunately is not getting better… I think the numbers indicate that it’s getting worse,” Rep. Yearick said. “The purpose of this legislation is to address the violence in and around our schools, install a greater consequence; a consequence that is a charge, it does not mean that charge is going to stick, but it increases the threshold of that consequence, perhaps it can lead to a greater deterrent.”

Democratic lawmakers expressed their support for protecting school staff but balked at voting in favor of the measure so the task force can complete its analysis and finalize their suggestions.

Several House Democrats did push back on the idea of increasing these penalties, specifically relating to how such penalties could impact students.

In circumstances where a student may get physical, committee member Rep. DeShanna Neal, D-Elsmere, advocated for trauma informed care, specifically for students with an Individualized Educational Plan or 504 plan. She added that many students who have behavioral struggles oftentimes are emotionally immature and cannot grasp the impact of their actions.

Other committee members like Rep. Eric Morrison, D-Glasgow, pushed back on the notion that intention does not matter in situations where a student may strike a teacher. He questioned Rep. Yearick if he had any evidence to prove that charging students with felonies would deter this behavior, to which the minority whip said he did not.

“This bill further contributes to the school to prison pipeline. What we're doing increasingly is pushing children out of schools and into the criminal justice system,” Rep. Morrison said. “That's not good for them, it's not good for communities, and it's not good for society as a whole. Research shows that increasing penalties for minors like this does nothing to deter bad behavior, in fact, it makes things worse for these minors.”

Rep. Yearick acknowledged that these incidents are “not one size fits all,” and that an investigation would ensue if charges were brought up, which would be administered by local law enforcement agencies or the Attorney General’s office.

The minority whip also noted that the legislation does not just apply to students, and extends to adults, using the example of violence at sporting events against coaches and referees.

There were several times throughout the House Education Committee meeting that chair Rep. Kim Williams, D-Newport, and vice-chair Rep. Rae Moore, D-Middletown, reiterated that the recently established task force would be working to address these same concerns as the legislation.

Just prior to the public comment portion of the meeting, Rep. Moore said the legislation is a “consequence that we shouldn’t gamble on,” and suggested that Rep. Yearick represent the House Republican caucus on the task force.

“Let’s figure this out during the task force because this is one of the things that we are set to address, but wait before we have to vote on something that is going to undue all of the justice that we have done,” Rep. Moore said. “I don’t think we shouldn’t be in the business of penalizing kids who cognitively aren’t developed fully, but I get needing to do something to address school safety and school climate.”

During public comment, there were a number of groups that pledged their support for addressing school climate issues but stated that House Bill 22 was not the right policy to do so. This included organizations like the ACLU of Delaware, Delaware State Education Association and the Office of Defense Services.

Following public comment, House lawmakers brought forth a motion to table House Substitute 1 for House Bill 22, which received unanimous support.