New Bills Aim to Protect Delaware Educators and Staff

March 26, 2026

Delaware State Senate and House of Representatives - Republican Caucus

Two bills were released in the Delaware General Assembly today aiming to support Delaware educators and improve classroom environments across the state. The package, which includes the “Educator and Education Staff Bill of Rights” and the “We’ve Got Your Back Act,” are sponsored by State Rep. Michael Smith (R-Pike Creek Valley) and State Sen. Eric Buckson (R-Dover South).

“We cannot lose sight of the people inside our school buildings who are facing an urgent human crisis,” said Representative 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 and defend themselves or students from physical harm.

• Report student offenses, such as assault or vandalism, that endanger others.

• Equip classrooms without being required to use personal money.

  
  

Complementing these rights, 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.”

These bills represent a proactive step toward resolving the challenges voiced by educators and educational staff throughout the state. As the state works to modernize 21st-century education funding, Rep. Smith and Sen. Buckson remain focused on the intersection of fiscal equity and the immediate safety of Delaware’s school communities.