AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION AND BACKGROUND CHECKS FOR CHILD-SERVING ENTITIES.

Legislation Document

SPONSOR:

Rep. Chukwuocha & Rep. Berry & Sen. Cruce

Rep. K. Johnson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 452

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION AND BACKGROUND CHECKS FOR CHILD-SERVING ENTITIES.

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

Section 1. Amend § 303, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 303. Regulations, policies, and procedures.

(b) (1) The Board shall develop regulations relating to secondary and middle school interscholastic athletics. In addition to the regulations required under § 304 of this title and §§ 10111 and 10113 of Title 29, the regulations must include at least all of the following:

d. Eligibility requirements for a student to participate in interscholastic athletics, except as under § 313, § 314, or § 315 of this title.

The Board must require students who participate in interscholastic athletics to complete annual sportsmanship and anti-harassment training as part of the eligibility process.

f. Requirements for a coach or sports official in interscholastic

sports.

sports, which must include at least the following:

1. For officials, if a criminal background check or Child Protection Registry check is not otherwise required under § 309 of Title 31, an initial and subsequent fingerprint-based state and federal criminal background check as well as a Child Protection Registry check obtained by the applicable officials’ association that meets the same requirements for volunteers, employees, or contractors in a child-serving entity under § 309 of Title 31, and which is evaluated by the officials’ association to ensure the official does not meet any of the prohibitions under § 309(d) of Title 31. For purposes of any “Rap Back” reporting, subsequent criminal record reports must be provided by the State Bureau of Identification to the Department, or, for officials working with private schools that do not participate in Rap Back, to the DIAA, which must maintain appropriate release forms to ensure continuous monitoring with the knowledge of the official. An individual with a criminal history that would preclude the individual from being employed or contracted by the Department or from providing volunteer services for the Department under § 309 of Title 31 may not serve as a sports official.

2. The completion of diversity and anti-discrimination training that addresses implicit bias, harassment prevention, cultural competency, and inclusion.

h. Require each member school to fully cooperate with DIAA investigations of alleged regulatory violations under § 304 of this title.

i. Require all officials’ associations to enter an agreement with the DIAA that requires the association to maintain background check records obtained under paragraph (b)(1)f.1. of this section and to provide the records to DIAA upon request for DIAA to monitor and verify compliance with requirements under this section.

h.

j.

Other matters affecting interscholastic athletics.

Section 2. Amend § 304, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 304. Other duties, powers, and authority.

The Board has the duties, powers, and authority necessary for the enforcement of this chapter and the regulations adopted under this chapter. Regulations under this chapter must do at least all of the following:

(3)

Determine

Establish procedures to determine

the existence of a violation of the regulations by a member school, athlete, coach, administrator, official, or spectator and penalize a violation by official reprimand, placement on probation, fine, suspension, or other action as the Board deems appropriate.

(4)

Investigate,

Establish procedures to investigate,

conduct a hearing on, and take action on an alleged violation of a regulation under this chapter that a member school, athlete, coach, administrator, official, or spectator commits.

(5)

Interpret

Establish procedures to interpret

regulations made under this chapter, and conduct hearings and take action on requests for a waiver of the regulations.

(6) Establish the fee for officiating a contest or competition.

Section 3. This Act takes effect on the earlier of the following:

(1) July 1, 2027.

(2) The date notice is published in the Register of Regulations by the Delaware Interscholastic Athletic Association that regulations implementing this Act have been promulgated.

SYNOPSIS

Although the Delaware Interscholastic Athletic Association is a unit of the Department of Education, officials are currently allowed to serve without completing background checks before serving. This Act provides that in the event an official for the DIAA is not an individual required to undergo a background check under the law that requires employees, contractors, and volunteers of the Department of Education to meet certain background check requirements, the DIAA must promulgate regulations requiring background checks of officials that meet the same requirements as those for employees, contractors, and volunteers of the Department.

This Act further requires that officials complete diversity and anti-discrimination training, and requires student athletes to complete annual sportsmanship and anti-harassment training.

This Act also clarifies that member schools must fully cooperate with DIAA investigations of alleged regulatory violations.

Finally, this Act makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.

This Act takes effect on the earlier of July 1, 2027 or the date of notice in the Register of Regulations that regulations implementing this Act have been promulgated.