BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2708(b), Title 21 of the Delaware Code, by adding thereto a new paragraph as follows:

1. If the Division cancels and/or denies reinstatement or renewal of a school bus endorsement, the Division shall notify the applicant of the denial, with an explanation of its reasons therefor and a citation to the statutory grounds herein provided for the denial. The applicant shall have an opportunity to appeal to the Director of the Division, or his or her designee, for reconsideration
2. If an appeal is requested pursuant to this subsection, the Division may conduct a hearing on the matter with due notice of the action being given to the applicant. Any hearing conducted pursuant to this subsection shall not be subject to the provisions of the Administrative Procedures Act (29 Del. C. Chap. 101)."

Section 4. Amend § 2901, Title 11 of the Delaware Code, by adding thereto the following new subsection:

1. Any person employed to operate a school bus used for the transportation of school children in Delaware shall be required to submit to the Department, or to another instrumentality of the State designated by the Department, fingerprints and other necessary information in order to obtain the following:

1. A report of the driver's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to the driver; and
2. A report of the driver's entire federal criminal history record from the Federal Bureau of Investigation.

1. Upon receipt of such fingerprints and other necessary information, the Department or its designee shall obtain a copy of the person's complete state and federal criminal history record, subject to the following provisions:

1. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Department, or its designee, shall be the screening point for the receipt of federal criminal history records. Information so obtained is confidential and may only be disclosed to the chief school officer and the chief personnel officer of the public school for whom the person is or will be operating a school bus, and one person in the public school, as defined in 11 Del. C. § 8570(4), who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential. The State Bureau of Identification may release any subsequent criminal history to the public school.
2. Costs associated with obtaining state and federal criminal history information shall be paid by the person employed to operate the school bus; provided, however, that subject to a specific annual appropriation in the Annual Appropriations Act, costs associated with obtaining criminal history information may be paid by the State.

1. A person who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check for any information contained in the previous background check; provided, however, that the person submits the results of the previous background check, including any previous federal criminal background check.
2. A person who has been previously employed to operate a school bus by a public school district, or a contractor thereof, shall not be required to submit to another criminal background check if:

1. The person has had a criminal background check within the past 5 years;
2. The person has had no break in service to public school districts since the date of the check; and
3. The person requests that the records of that check are forwarded from the district for whom he or she previously operated a school bus to the Department prior to operating a school bus.

1. No person shall be permitted to operate a school bus used for the transportation of school children in Delaware if a review of the person's state and federal criminal history record reveals that the person would be precluded from obtaining a Delaware CDL with a school bus endorsement pursuant to Title 21.
2. Notwithstanding the foregoing, no person shall be permitted to operate a school bus used for the transportation of school children in Delaware if they have ever been convicted of any of the following crimes in this State or in any other jurisdiction:

1. Any crime constituting the manufacture, delivery, or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
2. Any crime against a child;
3. Any crime constituting a Class A or B felony;
4. Any crime constituting a felony homicide including, but not limited to, murder, manslaughter, and vehicular homicide;
5. Any crime constituting a felony sexual offense;
6. Any crime constituting a felony offense against public administration involving bribery, improper influence, or abuse of office; or
7. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than five years have passed since the person fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole, or suspension, and all forms of fines, restitution, or community service.

1. A mechanism whereby the Department, or its designee, certifies to the Department of Public Safety, Division of Motor Vehicles, that the Department approves of the person operating a school bus in the State and supports issuance of a school bus endorsement and a mechanism to withdraw said approval.
2. A mechanism whereby the Department, or its designee, (i) shall notify the Division of Motor Vehicles of any person who it determines no longer meets its requirements governing the operation of school buses used for the transportation of school children in Delaware pursuant to this section and (ii) shall withdraw any approval or certification made to the Division supporting issuance of a school bus endorsement to the person."

Section 5. The Department of Education and the Department of Public Safety shall, in the manner provided by law, promulgate regulations necessary to implement this Act. These regulations shall include:

1. Establishment, in conjunction with the State Bureau of Identification, of a procedure for fingerprinting drivers seeking school bus endorsements and providing the reports and certificate obtained pursuant to this Act;
2. Establishment of a procedure for reconsideration of a determination to disqualify a school bus driver or to deny a school bus endorsement based upon the driver's criminal history; and
3. Establishment of a procedure to provide confidentiality of information obtained pursuant to this Act.

Section 6. Amend § 2709(a), Title 21 of the Delaware Code, by striking the period (".") as it appears at the end thereof and by substituting in lieu thereof the following: ", and shall submit to the Division a written approval from the Department of Education certifying to the Division that the Department of Education supports issuance of a school bus endorsement."

Section 7. This Act shall be effective upon enactment.

Author: Senator Venables