Delaware Code
Subchapter I. General Regulatory Provisions
§ 4116A. Mental health educational programs.

(a) For purposes of this section:

(1) “Charter school” means as defined under § 4161 of this title.
(2) “Contracted school year” means the period defined under § 1305(e) of this title.
(3) “Grade” means kindergarten through grade 12.
(4) “School district” means as defined under § 4161 of this title.
(b) The Department of Education, with the approval of the State Board of Education, shall establish and implement statewide mental health educational programs for each grade in each school district and charter school in this State.
(c) The statewide mental health education programs established and implemented under this section must meet all of the following:

(1) Recognize the multiple dimensions of health by including instruction in mental health and the relationship between physical and mental health to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity.
(2) Taught by appropriately certified teachers or appropriately certified community mental health providers.
(3) Be comprehensive, developmentally appropriate, and sequential in nature.
(d) In establishing and implementing statewide mental health programs under this section, the Department of Education shall consult with mental health experts, including individuals with the Department of Health and Social Services, Department of Services for Children, Youth, and Their Families, Mental Health Association of Delaware, Delaware Guidance Services, National Alliance of Mental Illness Delaware, and National Council for Behavioral Health.
(e) A school district or charter school shall provide in-service training required under this section within the contracted school year.
(f) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.
(g) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, the Director and the Librarian of the Division of Research of Legislative Council, and the Public Archives no later than January 15 of each year. The report must include a description of the educational programing provided under subsection (b) of this section, how the programming complies with subsection (c) of this section, and how the programming has been implemented by each school district and charter school.

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