IN THIS ISSUE

• New Bills Aim to Protect Delaware Educators and Staff
• Reform Bill Would Check Unlimited Executive Power
• NEWS VIDEO: Lawmaker Slams House Democrats for Blocking Legislation to Deny Early Release to the Worst Offenders
• PHOTO BRIEF: Recognizing the Contributions of the Civil Air Patrol
• PHOTO BRIEF: Honoring the National Guard Association of Delaware

Two bills introduced in the General Assembly this week by State Rep. Michael Smith (R-Pike Creek Valley) and State Sen. Eric Buckson (R-Dover South) seek to support Delaware educators and improve classroom environments.

“We cannot lose sight of the people inside our school buildings who are facing an urgent human crisis,” said Rep. Mike Smith. “As Department of Education Secretary Cynthia Marten has noted, Delaware doesn’t just have a teacher shortage; we have a ‘teacher leaving the working conditions issue.’ These bills are designed to ensure our educators have the respect, safety, and protections they deserve so they can focus on our children’s success.”

The Educator and Education Staff Bill of Rights (House Bill 330) establishes a clear set of fundamental rights for all public school employees. Key provisions include the right to:

• Be treated with civility and respect.
• Have professional judgment and discretion respected.
• Work in a safe environment.
• Defend themselves and others from physical harm.
• Report student offenses, such as assault or vandalism, that endanger others.
• Equip classrooms without using personal funds.

The “We’ve Got Your Back Act” (House Bill 331) provides rigorous legal protections against physical violence. The act elevates to a class C felony (Assault in the Second Degree) the reckless or intentional causing of physical injury to a school employee, contractor, or subcontractor. This protection applies to a wide range of personnel—including teachers, bus drivers, cafeteria workers, and custodians—while they are performing their duties on school property or at school-sponsored events.

“This legislation demonstrates the General Assembly's unwavering commitment to standing up for those who serve our students every day,” said Senator Eric Buckson. “By elevating physical injury to an educator to assault in the second degree, we are sending a clear message that violence in our schools will not be tolerated. Every educator, from our classroom teachers to our facilities managers, deserves to feel safe and protected in their workplace.”

The sponsors said their bills represent a proactive step toward addressing the challenges teachers and educational staff have raised throughout Delaware.

Reform Bill Would Check Unlimited Executive Power

A new reform bill introduced in the State House of Representatives this week would limit the power of Delaware governors to declare and maintain a State of Emergency.

State Rep. Rich Collins (R-Millsboro) said his legislation is intended to address a fundamental structural flaw and should not be perceived as an attack on the office of the Chief Executive.

At present, a governor can declare a State of Emergency to address an unforeseen calamity and retain it for up to 30 days. The governor can then renew the order indefinitely as many times as they deem appropriate. During this period, the governor may issue executive orders that carry the force of law. Former Gov. John Carney maintained a State of Emergency for two years (March 2020 to March 2022) during the COVID-19 pandemic, issuing dozens of executive orders.

Rep. Collins said that while his bill is not a criticism of Gov. Carney or his actions during the pandemic, the dynamics of that situation highlighted the need for reform.

"Every legislator in the General Assembly was contacted by countless constituents during those two years, but we had no real ability to impact the situation. Both lawmakers and citizens had little recourse to having their concerns addressed other than to send an email to the governor's office and keep their fingers crossed," Rep. Collins said. "No chief executive, no matter how altruistic or well-intentioned their actions may be, should be running the state for months or years as an autocrat. There needs to be a common-sense check placed on that unlimited authority as a safeguard against potential abuse and to give our citizens a voice in the process."

Among the reforms included in House Bill 329 are the following:

• The measure recognizes the need for a governor to act quickly in dire, unexpected circumstances. The governor would have the authority to declare a State of Emergency for up to 120 days and renew it once for an additional 60 days (approximately six months in total).
• After the first 180 days expired, the General Assembly's consent would be required to renew the order for up to 90 additional days. Subsequent renewals would follow the same protocol. If needed, the legislature could accomplish this by meeting virtually.
• If circumstances were so severe that the General Assembly could not meet in any fashion, the need for legislative approval could be waived with the consent of the Senate Pro Tempore and the Speaker of the House.
• All orders and renewal orders would be required to indicate the nature of the emergency, delineate the geographical areas threatened, describe the conditions that led to the emergency, and specify what conditions would have to be met for terminating the State of Emergency.

The proposal has drawn limited bipartisan support and is pending action in the House Administration Committee.

NEWS VIDEO:

Lawmaker Slams House Democrats for Blocking Legislation to Deny Early Release to the Worst Offenders

State Representative Jeff Spiegelman sharply criticized the Democratic members of the House Corrections Committee for refusing to allow his bill to deny early release to the state’s most serious criminal offenders to advance.

House Bill 289 would have eliminated inmates who had been convicted of class A felonies from consideration under the state’s Compassionate Release program.

Last year, Gov. Matt Meyer signed the Richard ‘Mouse’ Smith Compassionate Release Act, allowing offenders meeting certain criteria to be released from prison before having served their full sentence.

Under the law (Title 11, § 4217), convicts can apply for a sentence reduction if they have a serious medical illness or infirmity; the inmate is at least 60 years of age and has spent at least 15 years in prison; or the inmate has served at least 25 years in prison.

Superior Court judges review the applications, weighing the convict’s crimes, whether they pose a threat to themselves, their past victims, and the public, their progress towards rehabilitation, and other factors.

In a statement opposing Rep. Spiegelman’s proposal to eliminate class A felons from Compassionate Release consideration, the ACLU of Delaware noted: “The goal of compassionate release is to ensure all people applying for sentence modification are considered individually, rather than judged simply on the classification of their offense. The ‘compassionate’ part of compassionate release seeks to bring humanity into the criminal legal system, and to consider a person as a whole rather than as the crime they committed.”

Groups opposing the bill included the Delaware NAACP State Conference of Branches, the Delaware Office of Defense Services, the League of Women Voters of Delaware, and the Progressive Democrats of Sussex County.

Rep. Spiegelman maintains that the state’s worst offenders should be kept in prison, regardless of their circumstances. He said the existing law, while embracing compassion for offenders, is less than empathetic to their victims. 

“Last year, we passed a law that says, we're going to put this prisoner away, but under an expanded set of circumstances, they may get out [at some point],” Rep. Spiegelman said. “Which means you, the victim, the victim’s family, you may be forced … to go testify once again to keep the person who hurt you behind bars…That's not justice for the victim or the victim's family. And that's not justice for the state. House Bill 289 would have said that class A felons, rapists, child molesters, and murderers stay behind bars where they belong.” 

On Tuesday, the six Democrats on the nine-member House Corrections Committee refused to allow the bill to advance to the House floor for consideration, effectively killing the proposal.

“I would have thought that keeping child molesters behind bars was a non-partisan issue,” Rep. Spiegelman said. “I would have thought that keeping rapists behind bars, keeping murderers behind bars, is a non-partisan issue. It is an absolute breach of the social contract between the government and the governing to say that the bill was defeated along party lines.”

PHOTO BRIEFS

Recognizing the Contributions of the Civil Air Patrol

Earlier this week, the General Assembly passed House Concurrent Resolution 96, thanking the members of the Civil Air Patrol for their service to the State of Delaware.

Sponsored by State Rep. Danny Short (R-Seaford), the bipartisan resolution noted that the Civil Air Patrol (CAP) was officially established less than a week prior to the U.S. entry into World War II.

During the war, CAP volunteers patrolled the nation's coastlines, conducted search-and-rescue missions, and executed homeland defense operations.

After the conflict, the CAP was permanently established as a benevolent, non-combatant organization to promote aviation, foster citizenship, and provide training and education for both cadet and senior members. In 1948, the CAP was designated the official auxiliary of the United States Air Force.

Today, with more than 60,000 members nationwide, the CAP performs 90% of inland search-and-rescue missions as tasked by the Air Force Rescue Coordination Center, providing emergency services, aerospace education, and developing young leaders through its cadet program.

The CAP's Delaware Wing boasts 390 members (145 cadets, 245 senior members). For the last 25 years, it's partnered with the Delaware Department of Transportation to provide traffic monitoring and collaborated with the Delaware Emergency Management Agency to aid emergency response efforts.

Honoring the National Guard Association of Delaware

The House and Senate this week approved House Concurrent Resolution 97, paying tribute to the National Guard Association of Delaware.

The 501(c)(19) nonprofit organization advocates for improved training, equipment, and benefits for Delaware Guardsmen and their families.

State Rep. Jeff Hilovsky (R-Long Neck, Oak Orchard) sponsored the bipartisan legislation.

The Delaware Army National Guard can trace its origins to August 31, 1655, when Swedish settlers took up arms to defend Fort Christina against a Dutch attack, making it one of the oldest military organizations in the country.

The Delaware National Guard consists of approximately 1,650 Army Guard Soldiers and 1,160 Air Guard Airmen. The federal government can mobilize its personnel in times of war and during national emergencies. The governor can call on the Guard to protect the lives and property of Delawareans, preserve the peace, and provide emergency relief support.