AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND CRIMINAL BACKGROUND CHECKS.

Education Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Shupe
Last action: 2026-03-19
Official status: Stricken 3/19/26
Effective date: Not listed

Plain English Breakdown

The bill was stricken in the House on March 19, 2026, so it did not become law.

HB178: Criminal Background Checks for Delaware Education Staff

This bill requires Department of Education employees and certain contractors with access to student records to undergo initial background checks and ongoing criminal history monitoring.

What This Bill Does

Requires current employees and people offered a job at the Department of Education to submit to a criminal background check.
Allows the Secretary to require background checks for contractors or third parties who need or may need access to student records.
Mandates that individuals provide fingerprints so state and federal agencies can search their full criminal history.
Requires the State Bureau of Identification to send all past and future criminal record updates directly to the Department.
Gives the Department authority to use this information when deciding on hiring or continued access to school systems.

Who It Names or Affects

Current employees of the Delaware Department of Education
People offered a job with the Department of Education
Contractors and third parties who may need to see student records

Terms To Know

Rap Back System: A system that sends updates about new criminal history information after an initial background check is done, if available.
State Bureau of Identification: The state agency that collects fingerprints and searches for criminal records in Delaware.

Limits and Unknowns

This bill was stricken from the House calendar on March 19, 2026, meaning it will not move forward.
Ongoing monitoring through the Rap Back System only applies if that system is available.

Bill History

2026-03-19 Delaware General Assembly
Stricken in House
2025-05-21 Delaware General Assembly
Introduced and Assigned to Education Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND CRIMINAL BACKGROUND CHECKS.
This Act requires that Department of Education employees submit to criminal background checks and are subject to continuous criminal history monitoring. It also authorizes the Department to submit contractors or third parties, that require or may require access to student records, to a criminal background check and continuous criminal history monitoring.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Shupe & Rep. Dukes & Sen. Pettyjohn

Rep. Yearick; Sens. Lawson, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 178

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND CRIMINAL BACKGROUND CHECKS.

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

Section 1. Amend Chapter , Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 136. Criminal background checks.

(a) The following individuals must submit to a criminal background check:

1. Current Department of Education employees.

2. Individuals conditionally offered employment with the Department of Education.

(b) Any current or prospective contractor or third party that may require access to student records may be required by the Secretary to submit to a criminal background check.

(c) Individuals required to obtain a background check under this section must submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain the following:

(1) A report of the individual’s entire state criminal history record information from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that individual.

(2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that individual.

(d) The State Bureau of Identification must forward all information obtained under paragraphs (c)(1) and (c)(2) of this section to the Department.

(e) If a current employee, contractor, or third party obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Department:

(1) Any subsequent state criminal history record information of the individual.

(2)Any subsequent criminal history record information of the individual available through the Rap Back System as defined under Section 8502 of Title 11, if the Rap Back System is available.

(f) The Department of Education has the right to review and use criminal background information obtained under this section to the extent permitted by applicable law, including in determining an individual’s qualification for employment or continued access to Department systems, facilities, or data.

(g) Current Department employees and contractors must submit the information required by subsection (c) of this section to the State Bureau of Identification no later than 30 days after receipt of the Department’s written request to submit to a background check.

SYNOPSIS

This Act requires that Department of Education employees submit to criminal background checks and are subject to continuous criminal history monitoring. It also authorizes the Department to submit contractors or third parties, that require or may require access to student records, to a criminal background check and continuous criminal history monitoring.