Senate Bill 78
151st General Assembly (Present)
Adopted in Lieu of original; takes status of original
AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO QUALIFICATIONS FOR MEMBERS OF SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION.
This Act enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a school board or the State Board of Education if the member is charged with a crime that would disqualify the individual from holding the position if convicted. 5. Requires the suspension of a charter school board member who is charged with a disqualifying offense. Existing law requires potential charter school board members to undergo and pass a criminal background check to serve as a charter school board member. The disqualifying convictions under this Act are similar to those that cause an educator to lose their license or certificate. The qualifications added under this Act do not apply to current school board members until the expiration of the member’s current term, unless the member is charged with a disqualifying crime while serving. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Takes effect upon being signed into law