HB443 • 2025

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: 2026-05-21
Official status: House Education 5/21/26
Effective date: Not listed

Plain English Breakdown

The bill does not provide details on how background check results will be used or what happens if a mentor has a criminal record.

Background Checks for School Mentors

This act requires all mentors in school mentoring programs to undergo state and federal criminal background checks before working with students.

What This Bill Does

Requires individuals providing or seeking to provide mentorship through a Department of Education program to submit to state and federal criminal background checks.
Mentors must submit fingerprints and other necessary information for these background checks.
The State Bureau of Identification will send results to the person overseeing the mentorship program.
For one year, the bureau will continue to check if mentors have any new criminal records.

Who It Names or Affects

Mentors in school mentoring programs run by the Department of Education
The State Bureau of Identification

Terms To Know

Criminal background check: A process to find out if someone has a criminal record.
Child Protection Registry: A list that includes people who are not allowed to work with children because of past actions.

Limits and Unknowns

The bill does not specify what happens if a mentor has a criminal record.
It is unclear how the Department of Education will use the background check information.
The exact cost and process for conducting these checks are not detailed in this summary.

Bill History

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

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.