Delaware Code
Subchapter I. General Regulatory Provisions
§ 4101A. Use of schools for First Amendment purposes.

(a) As used in this section:

(1) “Student-delivered” refers to any message spoken by a student of the public school at which the message is delivered.
(2) “Student-initiated” refers to any action that is taken only after students have asked that such an action be taken;
(b) During the initial period of study on each school day all students in the public schools in Delaware may be granted a brief period of silence, not to exceed 2 minutes in duration, to be used according to the dictates of the individual conscience of each student. During that period of silence no other activities shall take place.
(c) Notwithstanding any other provision or provisions of the Code, on public school property or other public property, student-delivered, voluntary messages may be permitted by schools during graduation or commencement ceremonies where appropriate in the context of the event. The content of any message authorized by this section shall be determined by the student delivering the message. No school district, school administrator, teacher or other school employee shall exclude, include or otherwise discriminate for or against any student on the basis of the political, philosophical, religious or other content of the message that the student intends to deliver or does deliver.
(d) A school shall be deemed to offer a fair opportunity to students who wish to deliver voluntary messages during graduation or commencement ceremonies under the provisions of this section if such school uniformly provides that the delivery of such messages occur in a manner which does not substantially interfere with the orderly conduct of the ceremony.
(e) Nothing in this section shall be construed to limit the authority of the school district, school administrators, teachers or other school employees to maintain order and discipline on school premises, to protect the well-being of students and school administrators, teachers and other school employees, and to assure that the content of student-delivered voluntary messages is consistent with federal and state law.
(f) Each school district shall establish rules and regulations for the implementation of this section within the district. The Department of Justice shall provide each school district an annual set of model rules and regulations on or before January 1 of each year commencing in 1996 which, if adopted by a school district, will ensure that this section is implemented consistently with federal and state law. Any school district which complies with the model rules and regulations provided pursuant to this subsection shall be entitled to representation by the Department of Justice, upon request, in the event that the school district is sued as a result of activity related to this section. The State shall, if the school district complies with the rules and regulations provided pursuant to this subsection, reimburse the school district for any monetary award related to compliance with this section.

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