AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND CRIMINAL BACKGROUND CHECKS.
Summary
HB178 amends Title 14 of the Delaware Code to require criminal background checks for current Department of Education employees and for individuals who are conditionally offered employment. It also allows the Secretary of Education to require background checks for current or prospective contractors and third parties who may have access to student records. The bill requires affected individuals to submit fingerprints and other identifying information to the State Bureau of Identification so that both state and federal criminal history records can be obtained and forwarded to the Department.
The bill also establishes ongoing monitoring for covered individuals. If a current employee, contractor, or third party has already undergone a background check under this section, the State Bureau of Identification must provide the Department with subsequent state criminal history information and, if available, updates through the Rap Back System. The Department is authorized to review and use this information, to the extent allowed by law, when deciding employment eligibility or continued access to Department systems, facilities, or data. Current employees and contractors must comply within 30 days of a written request from the Department.
Impact
HB178 expands the Department of Education’s authority under Title 14 to conduct criminal background checks and continuous criminal history monitoring for employees, and potentially for contractors and third parties with access to student records. It creates a statutory basis for fingerprint-based state and federal checks, ongoing reporting of new criminal history information, and Department review of that information for employment and access decisions. The bill affects Department personnel, vendors, and other outside parties who may handle sensitive student information, and it relies on the State Bureau of Identification and FBI record systems to supply the information.
Sentiment
The bill appears generally supportive and security-focused, with its synopsis emphasizing protection of student records and ongoing monitoring of Department personnel and related third parties. No committee transcripts or recorded votes were provided, so there is no documented opposition or debate in the supplied materials. Based on the text alone, the measure reads as a straightforward administrative and safeguarding proposal rather than a controversial policy change.
Contention
The main potential point of contention is the breadth of the Department’s authority to require background checks from contractors and third parties who “may require access” to student records, which could be viewed as broad or discretionary. Another possible issue is the continuous monitoring component, including the Rap Back System and the Department’s ability to use criminal history information in employment or access determinations. No specific objections, amendments, or opposing arguments are included in the provided record.