14 Del. C. § 303: Regulations, policies, and procedures [Effective upon implementation of the contingency in 85 Del. Laws, c. 404, § 3].

(a) The Board shall promulgate regulations relating to member school interscholastic athletics. The Board may develop necessary policies and procedures to implement this chapter.

(b) (1) The Board shall develop regulations relating to secondary and middle school interscholastic athletics. In addition to the regulations required under § 304 of this title and §§ 10111 and 10113 of Title 29, the regulations must include at least all of the following:

a. Regulation of interscholastic athletic programs of each public school at the middle and high school levels.

b. Regulation of the interscholastic athletic program of each nonpublic school that elects to become a member school.

c. The manner in which a nonpublic school may elect to become a member school.

d. Eligibility requirements for a student to participate in interscholastic athletics, except as under § 313, § 314, or § 315 of this title. The Board must require students who participate in interscholastic athletics to complete annual sportsmanship and anti-harassment training as part of the eligibility process.

e. Requirements for a student who participates in interscholastic athletics and nonschool competitions, except as under § 313, § 314, or § 315 of this title.

f. Requirements for a coach or sports official in interscholastic sports, which must include at least the following:

1. For officials, if a criminal background check or Child Protection Registry check is not otherwise required under § 309 of Title 31, an initial and subsequent fingerprint-based state and federal criminal background check as well as a Child Protection Registry check obtained by the applicable officials’ association that meets the same requirements for volunteers, employees, or contractors in a child-serving entity under § 309 of Title 31, and which is evaluated by the officials’ association to ensure the official does not meet any of the prohibitions under § 309(d) of Title 31. For purposes of any Rap Back System reporting, subsequent criminal record reports must be provided by the State Bureau of Identification to the Department, or, for officials working with private schools that do not participate in the Rap Back System, to the DIAA, which must maintain appropriate release forms to ensure continuous monitoring with the knowledge of the official. An individual with a criminal history that would preclude the individual from being employed or contracted by the Department or from providing volunteer services for the Department under § 309 of Title 31 may not serve as a sports official.

2. The completion of diversity and anti-discrimination training that addresses implicit bias, harassment prevention, cultural competency, and inclusion.

g. Sanctioning of school team competitions.

h. Require each member school to fully cooperate with DIAA investigations of alleged regulatory violations under § 304 of this title.

i. Require all officials’ associations to enter an agreement with the DIAA that requires the association to maintain background check records obtained under paragraph (b)(1)f.1. of this section and to provide the records to DIAA upon request for DIAA to monitor and verify compliance with requirements under this section.

j. Other matters affecting interscholastic athletics.

(2) The Board may not approve a regulation that denies a student the right to simultaneously try out for, practice with, or participate in a game on a team similar to the school team on which that student is a member. The Board may, however, authorize dual membership and participation on a similar team only upon written consent by the student’s parent, custodian, or guardian. The written consent must clearly state the authority to participate on a particularly specified team of a designated organization or institution.

(c) The Board shall adopt regulations as to the sports over which the Association has jurisdiction.

(d) The Board shall adopt regulations applicable to a member school regarding the appropriate recognition and management of a student athlete exhibiting signs or symptoms consistent with a concussion. The regulations must require at least all of the following:

(1) Each student athlete and the athlete’s parent or guardian shall annually sign and return a concussion information sheet, that the Board designs, prior to the athlete initiating practice or competition.

(2) Each coach shall complete concussion training consistent with a timetable and curriculum that the Board establishes by regulation.

(3) A student athlete must be promptly removed from play if the athlete is suspected of sustaining a concussion or exhibits signs or symptoms of concussion until completion of assessment by a qualified health-care provider or medical clearance from a qualified health-care provider.

(4) Written clearance for return to play after a concussion must be from a health-care provider.

(e) The Board shall adopt regulations applicable to a member school regarding student athletes and awareness, recognition, and management of sudden cardiac arrest. The Board shall, through either regulation or policy adopted under regulation, do at least all of the following:

(1) Develop and make publicly available a sudden cardiac arrest information sheet that includes information regarding the nature and warning signs of sudden cardiac arrest.

(2) Prior to participating in practice or competition, require each student athlete and the athlete’s parent or guardian sign and return a sudden cardiac arrest information sheet that the Board designs.

(3) Require each student athlete to complete a heart history questionnaire as part of the preparticipation physical examination.

(4) [Repealed.]

(5) Present to each coach and official sudden cardiac arrest awareness information.

(f) The Board shall adopt regulations relating to secondary and middle school interscholastic athletics that do at least all of the following:

(1) Require all coaches to obtain and maintain certification in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED). Training and certification in CPR and AED use must be consistent with national evidence-based emergency cardiovascular care guidelines.

(2) Require that each school with an athletic department or program develop an athletic Emergency Action Plan (Plan) to respond to incidents of cardiac arrest or a similar life-threatening emergency during a school athletic practice or event. The Plan must follow nationally-recognized recommendations and be venue specific, widely distributed, posted, and rehearsed annually.

(3) Require that an AED be clearly marked and easily accessible in an unlocked location at each school athletic venue and event during any school-sponsored athletic event or team practice in which students of the school are participating. The AED must be placed in accordance with nationally-recognized guidelines focused on emergency cardiovascular care.

(4) Require that AEDs be tested and maintained according to the manufacturer’s operational guidelines.

(5) Require notification is provided to the Office of Emergency Medical Services regarding the AED, the type acquired, and its location.