SB 344

                SPONSOR:
                Sen. Lockman & Rep. K. Williams
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE BILL NO. 344
        AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend § 4153, Title 14 by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
        § 4153. Background checks for school volunteers.
        (a) For purposes of this section, “Volunteer” means an individual providing volunteer services within a public school and who has direct access to children.
        (b) A volunteer shall submit to a fingerprint based criminal background check and a Child Protection Registry check required under § 309 of Title 31.
        (c) A criminal background check and Child Protection Registry check performed under § 309 of Title 31 for a volunteer at any public school is valid at any other public school in the State for the duration of the background check’s validity period, as determined by the Superintendent of State Police under § 309(c) of Title 31.
        Section 2. Amend § 309, Title 31 by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
        § 309. Background checks for child-serving entities and other organizations [Effective July 1, 2026].
        (c) All child-serving entities are required to obtain criminal and Child Protection Registry checks for prospective employees, volunteers, and contractors. Members of school boards must obtain criminal and Child Protection Registry checks under § 209 or § 511 of Title 14.
        (5) Costs associated with obtaining said criminal history information and Child Protection Registry information are borne by the applicant, except as follows:
        e. Volunteers approved by a public school whose costs must be borne by the State.
        (e) Upon completion of the criminal background and Child Protection Registry checks:
        (1) Where the child-serving entity is a public school, a contractor with a school district or the Department of Education,
        or
         an employee of a contractor who is an early intervention service
        provider:
        provider, or where the individual is a volunteer for a public school:
        a. 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and the
        employer or prospective employer.
        employer, prospective employer, or the public school at which the individual intends to volunteer.
        2. The school, school district, Department of Education, or employing contractor shall determine whether the individual is prohibited from being
        employed by or contracting with
        employed by, contracting with, or volunteering for
         the school, school district, or contractor under subsection (d) of this section. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is on the Child Protection Registry, the school or district shall make a determination regarding suitability for
        employment or contracting
        employment, contracting, or volunteering
         using the factors in paragraph (d)(3) of this section.
        b. Upon making its determination of suitability, the public school, contractor, or Department of Education shall forward the determination to the person seeking
        employment or a contract.
        employment, a contract, or a volunteer position.
         If a determination is made to deny the person
        employment or a contract
        employment, a contract, or a volunteer position
         with a school or the Department of Education based on the criminal history of the person, the person shall have an opportunity to appeal to the chief school officer, head of school, Secretary of Education, or designee for reconsideration.
        (6) The SBI and DELJIS shall provide all subsequent Delaware criminal history of any current
        employee or contractor
        employee, contractor, or volunteer
         subject to a background check under this section to the entity designated to receive the original criminal history information under paragraphs (e)(1) through (5) of this section. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System for a current
        employee or contractor
        employee, contractor, or volunteer
         subject to a background check under this section to the entity designated to receive the original criminal history information under paragraphs (e)(1) through (5) of this section.
        (g) The Department of Education shall, in the manner provided by law, promulgate regulations necessary to implement this section. These regulations shall include all of the following:
        (1) Establishment, in conjunction with SBI, of a procedure for fingerprinting persons seeking employment with a public school or as an early intervention service provider
        or as a volunteer
         and providing the reports and certificate obtained under subsection (c) of this section.
        Section 3. The Act takes effect immediately and is to be implemented the earlier of the following:
        (1) One year from the date of the Act’s enactment.
        (2) Notice by Department of Education published in the Register of Regulations that final regulations to implement this Act have been promulgated.
        SYNOPSIS
        This Act establishes that a fingerprint-based criminal background check and Child Protection Registry check completed for a volunteer for one public school is valid at any other public school in the State for the duration of the check’s validity period. This Act also includes public school volunteers in the State's continuous "Rap Back System" for ongoing monitoring and provides that the State must bear the costs associated with obtaining these checks for approved volunteers.
        This Act is effective immediately and is to be implemented on the earlier of 1 year from the date of enactment or publication of notice by the Department of Education that final regulations have been promulgated.
        Author: Senator Lockman