AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR VOLUNTEERS IN EDUCATION.

Children Education

Passed Legislature

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

Sponsor: K. Williams
Last action: 2026-06-30
Official status: Passed 6/30/26
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Background Checks for Student Mentors in Delaware

This law requires people who want to be student mentors through the Department of Education to pass state and federal background checks, including a check of the Child Protection Registry.

What This Bill Does

Requires all current or future student mentors under the Department of Education to submit to criminal background checks and Child Protection Registry checks.
Mandates that these individuals provide fingerprints for both Delaware state and Federal Bureau of Investigation records searches.
Orders continued monitoring of a mentor's criminal record for one year after they receive their initial check, including updates from the Rap Back System if available.
Requires the State Bureau of Identification to send all report results to the person in charge of the mentoring program or the Secretary of Education.
States that the Department of Education must pay for all costs related to these background checks.

Who It Names or Affects

Individuals who are currently serving or want to serve as mentors to students through a Department of Education program
The Delaware State Bureau of Identification, which processes fingerprint and record requests
The Secretary of the Department of Education and their staff members

Terms To Know

Rap Back System: A system that sends updates about new criminal records to agencies after an initial background check is done, if available.
Child Protection Registry Check: A search of a list containing people who have been found responsible for child abuse or neglect.

Limits and Unknowns

The law only applies to mentoring programs run under the Department of Education, not all volunteer groups.
Continued criminal record monitoring lasts for exactly one year after the initial check is completed.
Updates from the Rap Back System are provided only if that system is available.

Bill History

2026-06-30 Delaware General Assembly
Passed By Senate. Votes: 20 YES 1 ABSENT
2026-06-25 Delaware General Assembly
Reported Out of Committee (Executive) in Senate with 7 On Its Merits
2026-06-24 Delaware General Assembly
Re-Assigned to Executive Committee in Senate
2026-06-18 Delaware General Assembly
Passed By House. Votes: 41 YES
2026-06-18 Delaware General Assembly
Assigned to Education Committee in Senate
2026-06-17 Delaware General Assembly
Reported Out of Committee (Education) in House with 10 On Its Merits
2026-05-21 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 BACKGROUND CHECKS FOR VOLUNTEERS IN EDUCATION.
This Act provides clarification that all individuals currently or prospectively serving as mentors to one or more students through a mentoring program under the Department of Education must submit to state and federal criminal background checks, and that they are subject to continued criminal record monitoring for 1 year.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Sturgeon

Reps. Berry, Ortega, Kamela Smith, Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 443

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR VOLUNTEERS IN EDUCATION.

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

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

Chapter 90G. Background Checks

§ 9001G. Background checks; general.

Criminal background checks and Child Protection Registry checks are required for all employees, contractors, and volunteers working for or with child-serving entities, as those terms are defined and in accordance with the procedures set forth under § 309 of Title 31.

§ 9002G. Student Mentoring Program.

(a) An individual providing or seeking to provide mentorship to one or more students through a mentoring program under the Department of Education must submit to a criminal background check and Child Protection Registry check.

(b) An individual 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 a Delaware and national criminal history background check. The following reports must be obtained:

(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 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 information relating to that individual.

(c) The State Bureau of Identification must forward all information obtained under paragraphs (b)(1) and (b)(2) of this section to the individual responsible for overseeing the mentorship program under the Department of Education.

(d) If an individual providing or applying to provide mentorship to one or more students through a mentoring program under the Department of Education obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Secretary or the Secretary’s designee for 1 year:

(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 § 8502 of Title 11, if the Rap Back System is available.

(e) The individual overseeing a mentorship program under the Department and the Secretary or the Secretary’s designee has the right to review and use criminal background information obtained under this section to the extent permitted by § 309(d) of Title 31, including to determine eligibility to serve as a volunteer mentor.

(f) All costs associated with a criminal background check under this section must be paid by the Department of Education.

(g) The Department is authorized to promulgate regulations as necessary to give effect to this section.

Section 1. This Act takes effect on July 1, 2026.

SYNOPSIS

This Act provides clarification that all individuals currently or prospectively serving as mentors to one or more students through a mentoring program under the Department of Education must submit to state and federal criminal background checks, and that they are subject to continued criminal record monitoring for 1 year.