An Act To Amend Title 31 Of The Delaware Code Relating To Background Checks.
Summary
HB47 amends Delaware’s background-check laws for child-serving entities, with a particular focus on private schools and youth camps. The bill requires fingerprint-based Delaware and national criminal background checks, FBI checks, and Child Protection Registry checks for private school employees, contractors, and volunteers, and it applies the same prohibitions used for other child-serving entities. It also defines covered roles more clearly, including student teachers and certain employees of related organizations who have regular direct access to children.
The bill creates a separate private-school-specific section in Title 31 and clarifies that private schools and youth camps directly operated by private schools are subject to these screening requirements. It also requires private schools to obtain signed authorization for Child Protection Registry checks, keeps the results confidential, and directs that the head of school or designee receive the information and make the eligibility determination. The act takes effect July 1, 2026, and compliance is required by September 1, 2026.
Impact
HB47 expands and standardizes criminal and child-protection screening requirements for private schools and certain youth camps, while reinforcing existing background-check rules for child-serving entities in Title 31. It repeals prior provisions that allowed some private schools and youth camps to use a more limited name-based check or to opt out of checks with parental notice, replacing them with a more uniform fingerprint-based process. The bill also preserves cost-allocation rules, including state payment for certain child-care facility applicants and possible payment by the Department of Education or DSCYF in some cases, and it authorizes the Superintendent of State Police to regulate limited re-use of background checks.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition in the available record. It passed the House 35-0 and the Senate 20-0, indicating unanimous support in both chambers. The lack of committee transcript material suggests there was no recorded public controversy in the provided materials, and the vote totals point to a generally favorable view of strengthening child-safety screening requirements.
Contention
The main policy shift in HB47 is the elimination of the prior option for some private schools and youth camps to rely on a less comprehensive name-based check or to opt out of checks with parental acknowledgment. That change could be the principal point of contention because it increases compliance obligations and reduces flexibility for private schools, especially those directly operating youth camps. Another possible issue is administrative and financial burden, since the bill requires more extensive screening and confidentiality procedures, though the text also preserves some state support for costs in specified settings. No specific objections or named opponents appear in the provided discussion record.