SPONSOR: Rep. Wilson-Anton HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 83 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEETINGS.
SPONSOR: Rep. Wilson-Anton
SPONSOR: Rep. Wilson-Anton
SPONSOR:
Rep. Wilson-Anton
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 83
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEETINGS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 1048, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 1048. Regular and special meetings; quorum; roll call vote. (f) (1) If a school board allows school board members to attend regular or special meetings remotely by electronic means, then all of the following must be permitted reasons for remote attendance: a. Illness of the school board member. b. Illness of an individual in the school board members family where that individual requires caretaking. c. A public health emergency. d. Pregnancy or immediate postpartum care responsibilities of the school board member or the school board members spouse or partner. e. Military deployment of the school board member. (2) a. A school board may impose limitations on the number of times a school board member may be permitted to attend remotely under paragraph (f)(1) of this section. b. A school board may not expand the permissible reasons for a board member to attend remotely beyond those enumerated under paragraph (f)(1) of this section. (3) A school board member attending remotely under paragraph (f)(1) of this section is counted as though physically present for purposes of quorum and voting. (4) The means used to facilitate remote attendance under this subsection must allow all participating members and witnesses to simultaneously hear the comments of each member or witness. Section 2. This Act is effective 30 days after its enactment into law. Section 3. Upon enactment of this Act, the Department of Education shall notify the president of each school board and the superintendent of each school district of the requirements of this Act and its effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 1048, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
1048. Regular and special meetings; quorum; roll call vote.
(f) (1) If a school board allows school board members to attend regular or special meetings remotely by electronic means, then all of the following must be permitted reasons for remote attendance:
a. Illness of the school board member.
b. Illness of an individual in the school board members family where that individual requires caretaking.
c. A public health emergency.
d. Pregnancy or immediate postpartum care responsibilities of the school board member or the school board members spouse or partner.
e. Military deployment of the school board member.
(2) a. A school board may impose limitations on the number of times a school board member may be permitted to attend remotely under paragraph (f)(1) of this section.
b. A school board may not expand the permissible reasons for a board member to attend remotely beyond those enumerated under paragraph (f)(1) of this section.
(3) A school board member attending remotely under paragraph (f)(1) of this section is counted as though physically present for purposes of quorum and voting.
(4) The means used to facilitate remote attendance under this subsection must allow all participating members and witnesses to simultaneously hear the comments of each member or witness.
Section 2. This Act is effective 30 days after its enactment into law.
Section 3. Upon enactment of this Act, the Department of Education shall notify the president of each school board and the superintendent of each school district of the requirements of this Act and its effective date.
SYNOPSIS This House Substitute No. 1 provides that if a school board allows school board members to attend meetings remotely through electronic means, then permission to attend remotely must be granted in the case of any of the following: illness of the school board member; illness of an individual in the school board members family where that individual requires caretaking; a public health emergency; pregnancy or immediate postpartum care responsibilities of the school board member or the school board members spouse or partner; or military deployment of the school board member. This substitute for House Bill No. 83 differs from the original in that it does not require school boards to allow remote attendance. But if the school board does allow remote attendance, it provides the permissible reasons remote attendance may be allowed, allows a school board to limit the number of times permission to attend remotely may be granted, and indicates that a school board may not add to the statutory reasons for remote attendance. It also expands the permissible reasons from the original bill to include pregnancy or postpartum complications of a board members spouse or partner.
SYNOPSIS
This House Substitute No. 1 provides that if a school board allows school board members to attend meetings remotely through electronic means, then permission to attend remotely must be granted in the case of any of the following: illness of the school board member; illness of an individual in the school board members family where that individual requires caretaking; a public health emergency; pregnancy or immediate postpartum care responsibilities of the school board member or the school board members spouse or partner; or military deployment of the school board member.
This substitute for House Bill No. 83 differs from the original in that it does not require school boards to allow remote attendance. But if the school board does allow remote attendance, it provides the permissible reasons remote attendance may be allowed, allows a school board to limit the number of times permission to attend remotely may be granted, and indicates that a school board may not add to the statutory reasons for remote attendance. It also expands the permissible reasons from the original bill to include pregnancy or postpartum complications of a board members spouse or partner.