Statute
14 Del.C. § 122(29)
RequiredRegulation
14 DE Admin. Code 508
Shall provideReporting
Annual to Governor
RequiredEffective
July 1, 2023
In forceDelaware is one of the few states in the country where social-emotional learning instruction is mandatory by law and required by regulation.
In 2022, the General Assembly passed House Bill 301, which amended Title 14 of the Delaware Code to establish “mandatory instruction in age- and developmentally-appropriate social emotional learning and mental health content in all public schools.” That phrase is in the statute: mandatory instruction, social emotional learning, all public schools.[1]
The Department of Education then codified this in 14 DE Admin. Code 508, the state's Multi-Tiered System of Support regulation, which states: “LEAs shall provide age-appropriate and developmentally-appropriate instructional programming in social and emotional learning for each grade K to 12 that demonstrate alignment to the Department's adopted SEL competencies.”[2]
“Shall provide.” Not “may provide.” Not “should consider.” Shall provide.
Delaware also developed K-12 SEL competencies through a formal partnership with CASEL, vetted those competencies with more than 900 Delaware stakeholders, requires every district and charter school to report annually on their mental health education programs, and maintains a statewide SEL Collaborative that holds quarterly public meetings. For Delaware elementary educators, the landscape is as clear as it gets: SEL is mandatory, the competencies are adopted, the regulation requires alignment, and the reporting is annual. The question is not whether to implement SEL. It is how well you implement it.
Delaware SEL Implementation Timeline
K-12 SEL Competencies Released
DDOE releases competencies developed through CASEL partnership, vetted by 900+ Delaware stakeholders.
HB 301 Signed Into Law
Governor signs mandatory SEL and mental health instruction law, amending Title 14 of the Delaware Code.
MTSS Regulation Effective
14 DE Admin. Code 508 § 3.2 takes effect July 1, requiring LEAs to 'shall provide' SEL programming aligned to adopted competencies.
First Full Implementation Year
2024-25 school year: all districts and charters must be fully implementing and reporting on their SEL programs.
Reporting Requirement
Districts submit program details, responsible personnel, and rollout information. DDOE reports to Governor and General Assembly by January 15.
The Mandatory SEL and Mental Health Instruction Law
House Bill 301 (2022)
House Bill 301, signed by the Governor on August 3, 2022, amended Title 14 of the Delaware Code to require the Department of Education, with approval of the State Board of Education, to establish and implement statewide mental health educational programs for each grade, kindergarten through grade 12, in each school district and charter school.[3]
The House Amendment to HB 301 added Section 122(29), which directs the Department to establish “mandatory instruction in age- and developmentally-appropriate social emotional learning and mental health content in all public schools no later than the 2023-2024 school year.”[1]
What the Law Requires
The statewide mental health education programs must:[3]
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.
Annual Reporting
The law requires the Department of Education to submit a written report to the Governor and the General Assembly no later than January 15 of each year regarding implementation. Districts and charter schools must submit to DDOE the evidence-based or evidence-informed educational programs they plan to implement, the person responsible for overseeing the requirement, and information about the rollout process.[4]
This annual reporting requirement means Delaware does not just mandate SEL instruction. It tracks compliance. Every district and charter school must document what program they are using and who is responsible for it.
The MTSS Regulation: SEL as a Requirement
14 DE Admin. Code 508, Section 3.2
The Department of Education amended the state's Multi-Tiered System of Support regulation (14 DE Admin. Code 508) to comply with HB 301. Section 3.2, titled “Social and Emotional Learning,” states:[2]
“LEAs shall provide age-appropriate and developmentally-appropriate instructional programming in social and emotional learning for each grade K to 12 that demonstrate alignment to the Department's adopted SEL competencies.”
— 14 DE Admin. Code 508, § 3.2 (effective July 1, 2023)
Three elements of this regulation are significant:
“Shall provide.”
This is regulatory language. It is a requirement, not a recommendation.
“For each grade K to 12.”
SEL instruction is required at every grade level, including every elementary grade.
“Alignment to the Department's adopted SEL competencies.”
The instruction must align to specific, state-adopted competencies. Districts cannot define their own independently.
Delaware's K-12 SEL Competencies
Developed Through CASEL Partnership
Delaware developed its K-12 SEL competencies through work organized by the Collaborative for Academic, Social and Emotional Learning (CASEL). Through this partnership, DDOE and education stakeholders from districts, charters, school and community partnerships defined SEL competencies, developed implementation resources, and promoted the integration of SEL into academic content areas.[5]
The competencies were released on January 28, 2020, after being vetted by more than 900 Delaware stakeholders over a six-month process.[6]
The Five Competencies
Self-Awareness
Accurately recognize one's own emotions, thoughts, and values and how they influence behavior.
Self-Management
Regulate emotions, thoughts, and behaviors. Manage stress, control impulses, and motivate oneself.
Social Awareness
Take the perspective of and empathize with others, including those from diverse backgrounds.
Relationship Skills
Establish and maintain healthy relationships with diverse individuals and groups.
Responsible Decision-Making
Make constructive choices based on ethical standards, safety concerns, and social norms.
| Delaware SEL Competency | Elementary Skills | CASEL Alignment |
|---|---|---|
| Self-Awareness | Identifying emotions, recognizing strengths | Self-Awareness |
| Self-Management | Emotional regulation, goal setting, impulse control | Self-Management |
| Social Awareness | Empathy, perspective-taking, respecting diversity | Social Awareness |
| Relationship Skills | Communication, conflict resolution, cooperation | Relationship Skills |
| Responsible Decision-Making | Problem solving, evaluating consequences, ethical choices | Responsible Decision-Making |
A CASEL-aligned curriculum directly satisfies the regulatory requirement for alignment to DDOE's adopted SEL competencies.
The SEL Competency Guide and Toolkit
DDOE provides a Delaware SEL Competency Guide that offers guidance to districts and charter schools on building resilience through enhanced social competence and strong relationships. The guide supports educators in understanding what each competency looks like in practice and how to integrate SEL into instruction.[5]
A practical Delaware SEL Toolkit is also available, providing implementation strategies and resources for schools.[7]
The Delaware SEL Collaborative
The Delaware SEL Collaborative hosts quarterly public meetings for professional learning and progress reporting. This ongoing structure provides a forum for educators across the state to share implementation experiences, address challenges, and learn from each other's approaches.[5]
Delaware also participates in two national communities of practice: the National Center to Improve Social and Emotional Learning and School Safety (NCISELSS) and the CASEL Collaborative State Initiative.[5]
Social, Emotional and Behavioral Wellbeing Plan
DDOE's Social, Emotional and Behavioral Wellbeing (SEBW) Plan supports districts and schools in meeting the social, emotional, and behavioral needs of all students and school staff. The plan is integrated into the comprehensive School Discipline Improvement Plan (SDIP).[6]
Connected
Students have meaningful relationships and sense of belonging.
Protected
Students are safe from harm and have access to supports.
Respected
Students are valued, seen, and their voices matter.
Delaware MTSS and PBIS
SEL Within MTSS
Delaware's MTSS regulation (14 DE Admin. Code 508) embeds SEL directly into the tiered support framework. SEL instruction at Tier 1 is not a supplementary program. It is a regulatory component of the state's MTSS structure.[2]
Tier 3
Intensive Intervention
Tier 2
Targeted Support
Tier 1 — SEL Instruction (REQUIRED)
14 DE Admin. Code 508, § 3.2
DE-PBS Integration
The Delaware Positive Behavior Support (DE-PBS) Project provides an SEL and SWPBIS Integration module that reviews both approaches, provides a rationale for integrating SEL into the MTSS framework, and offers practical strategies to support integration in schools. PBIS serves as the behavioral framework for promoting social-emotional competencies to improve outcomes for the whole child.[7] For elementary schools, a 40-week curriculum covering all five CASEL competencies serves as the Tier 1 SEL instruction that the regulation requires and that the MTSS framework depends on.
How to Align Your Elementary Program With Delaware's Requirements
Ensure Regulatory Compliance
14 DE Admin. Code 508, Section 3.2 requires your LEA to provide SEL programming for each grade K-12 aligned to DDOE's adopted SEL competencies. Document how your curriculum aligns to all five competencies at each elementary grade level. A CASEL-aligned curriculum satisfies the alignment requirement directly.
Prepare for Annual Reporting
Your district must submit an annual report documenting the evidence-based or evidence-informed program you use, who oversees the requirement, and your rollout process. Choose a curriculum that provides the documentation your report requires: a scope and sequence, competency alignment mapping, and implementation records.
Address Mental Health Instruction
HB 301 requires instruction that recognizes the multiple dimensions of health. Your SEL curriculum should address emotional regulation, stress management, self-awareness, help-seeking skills, and the mind-body connection.
Integrate With MTSS
Your SEL curriculum is the Tier 1 instructional component within your MTSS framework. Document how it connects to your behavioral expectations (PBIS) and academic instruction to create the integrated system the MTSS regulation envisions.
Coordinate With the SEBW Plan
Your school's Social, Emotional and Behavioral Wellbeing efforts should be coordinated with your SEL curriculum. Ensure your classroom-based instruction aligns with the strategies in your School Discipline Improvement Plan.
Communicating With Delaware Parents
Reference the Law
“Delaware law requires every public school to provide social-emotional learning and mental health instruction at every grade level. Our program meets this requirement by teaching students to understand and manage their emotions, build healthy relationships, set and pursue goals, show empathy, and make responsible decisions.”
Emphasize Evidence-Based Programming
“Our school uses a structured, evidence-informed program that aligns with the state-adopted SEL competencies Delaware developed through its partnership with CASEL.”
Be Concrete
“Students learn to identify and manage their emotions, resolve disagreements peacefully, set and work toward goals, show empathy and kindness toward others, persevere through challenges, and make responsible decisions. These are skills every child needs, and Delaware law requires schools to teach them.”
Choosing a Curriculum for Delaware Schools
When selecting social-emotional curriculum for your Delaware elementary school, verify that the program:
Aligns with DDOE's adopted SEL competencies
The regulation requires alignment. A CASEL-aligned curriculum satisfies this because Delaware's competencies are built on CASEL's framework.
Is evidence-based or evidence-informed
HB 301 specifies evidence-based programs. Your annual report must document which program you use.
Addresses mental health instruction
The law requires instruction in mental health and the relationship between physical and mental health.
Functions as a Tier 1 MTSS component
The MTSS regulation embeds SEL at Tier 1. Your curriculum serves that structural role.
Provides grade-band differentiation
The regulation requires 'age-appropriate and developmentally-appropriate' programming for each grade.
Offers a full-year scope and sequence
40 weeks of sequenced instruction ensures consistent coverage that satisfies the annual instruction requirement.
Generates documentation for annual reporting
Your district must report what program it uses and how it is implemented.
Supports bilingual learners
Delaware serves a growing multilingual population. Bilingual curriculum supports equitable access.
Requires no devices or student accounts
Device-free, teacher-led programs eliminate data privacy concerns.
Requires minimal prep
Ready-to-use weekly lessons are more likely to be implemented consistently across all grade levels.
What to Avoid
Treating compliance as optional
Delaware's SEL instruction requirement is codified in both statute and regulation. Districts must report annually. This is not guidance. This is a legal requirement with a reporting obligation.
Using a program that does not align to DDOE's adopted competencies
The regulation specifies that SEL programming must “demonstrate alignment to the Department's adopted SEL competencies.” Verify alignment before selecting a curriculum.
Reporting a program without implementing it
Submitting a program name without actually delivering instruction consistently across grade levels satisfies the paperwork without serving students.
Fragmenting SEL across disconnected activities
A patchwork of disconnected activities without a structured scope and sequence is not the systematic instruction the regulation requires.
Final Thoughts
Delaware has built one of the most clear-cut SEL compliance frameworks in the country. The General Assembly mandated SEL and mental health instruction by law. The Department of Education codified the requirement in the MTSS regulation with the word “shall.” State-adopted SEL competencies developed through a CASEL partnership provide the alignment target. Annual reporting tracks compliance. A statewide SEL Collaborative supports implementation. And DDOE's SEBW Plan integrates SEL into the broader school discipline and wellbeing framework.
No other state article in this hub has a stronger compliance argument. The law says “mandatory instruction.” The regulation says “shall provide.” The reporting says “annually.” The competencies say “alignment.”
For Delaware elementary schools, the path forward is practical: choose a program that aligns with the five adopted SEL competencies, qualifies as evidence-based or evidence-informed, covers every elementary grade level with age-appropriate content, generates the documentation your annual report requires, and delivers structured instruction to every student, every week, all year. Delaware has made its expectations law. Meet them.
References
- Delaware Code, Title 14, § 122(29). Mandatory instruction in social emotional learning and mental health content (House Amendment 1 to HB 301). legis.delaware.gov
- Delaware Administrative Code, 14 DE Admin. Code 508, § 3.2. Multi-Tiered System of Support: Social and Emotional Learning. regulations.delaware.gov
- Delaware General Assembly. House Bill 301 (2022). An Act to Amend Title 14 Relating to Mental Health Educational Programs. legis.delaware.gov
- Delaware Department of Education. Mental Health Education Annual Report. education.delaware.gov
- Delaware Department of Education. Social and Emotional Learning (SEL). doe.k12.de.us
- Delaware Department of Education. Student Wellbeing: Social, Emotional and Behavioral Wellbeing. education.delaware.gov
- Delaware MTSS TA Center. Mental Health and Social and Emotional Learning. delawarepbs.org
- Durlak, J. A., et al. (2011). The impact of enhancing students' social and emotional learning: A meta-analysis. Child Development, 82(1), 405-432. doi.org
- Cipriano, C., et al. (2023). The state of evidence for social and emotional learning. Child Development, 94(5), 1181-1204. doi.org
Social-Emotional Learning for Delaware Schools
Be The Buffalo aligns with Delaware's adopted K-12 SEL competencies developed through the state's CASEL partnership. 40 weeks of K-5 curriculum covering all five required competencies: self-awareness, self-management, social awareness, relationship skills, and responsible decision-making. Interactive projector activities, original songs, stories, printable worksheets, and teacher guides. Bilingual English and Spanish. No student accounts. No devices. No prep. Evidence-informed programming that satisfies the regulation and generates the documentation your annual report requires.
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