HB85 • 2025

AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.

Education Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: K. Williams
Last action: 2025-09-02
Official status: Signed 9/2/25
Effective date: Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on how background checks are conducted or what happens if someone fails their check.

Act to Clarify Background Checks for School Board Members

This act clarifies that a background check must be completed and reviewed by the Commissioner of Elections before someone can be appointed to fill a vacant seat on a school board in Delaware.

What This Bill Does

Requires that a person cannot be appointed to fill a vacant seat on the school board unless they complete a background check.
Specifies that the Commissioner of Elections must review the background check and determine if the individual is qualified before an appointment can happen.

Who It Names or Affects

School boards and their members
The Commissioner of Elections

Terms To Know

background check: A process to review someone's criminal history before they can take a job or position.
Commissioner of Elections: The person in charge of overseeing elections and ensuring that candidates meet the necessary qualifications.

Limits and Unknowns

Does not specify what happens if someone fails their background check.
Does not provide details on how the background checks are conducted or who performs them.

Bill History

2025-09-02 Delaware General Assembly
Signed by Governor
2025-06-24 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2025-05-07 Delaware General Assembly
Reported Out of Committee (Education) in Senate with 6 On Its Merits
2025-04-17 Delaware General Assembly
Passed By House. Votes: 37 YES 4 ABSENT
2025-04-17 Delaware General Assembly
Assigned to Education Committee in Senate
2025-03-26 Delaware General Assembly
Reported Out of Committee (Education) in House with 2 Favorable, 12 On Its Merits
2025-03-18 Delaware General Assembly
Introduced and Assigned to Education Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.
Under current law, both school board members who are elected and those who are appointed to fill vacancies until the next election are required to complete a background check. However, the statute is currently unclear as to how a background check gets done and who is responsible for reviewing the background check for an appointment. This Act makes clear that a person may not be appointed unless a background check has been completed and the Commissioner of Elections has determined the person is qualified for the seat, in the same manner the Commissioner completes that duty for candidates for school board elections.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Williams & Rep. Morrison & Rep. Romer & Rep. Wilson-Anton & Sen. Sturgeon

Reps. Burns, Gorman, Hilovsky, Osienski, Parker Selby, Ross Levin, D. Short, Kamela Smith, Michael Smith, Snyder-Hall, Yearick, S. Moore, Lambert; Sens. Hansen, Sokola, Walsh, Poore

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 85

AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.

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

Section 1. Amend § 1054, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1054. Vacancy on school board.

(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below:

(2) A person appointed to fill a vacant seat

shall

must

meet the qualifications to be elected to that

seat.

seat, including the completion of a background check as required under § 209 of this title. The Commissioner of Elections must make a determination that an individual seeking appointment is qualified under § 209 and § 1052 of this title before the individual may be appointed.

Section 2. Amend § 309, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 309. Background checks for child-serving entities and other organizations.

(e) Upon completion of the criminal background and Child Protection Registry checks:

(5) a. When the background checks are for a member of a school board, the SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information pertaining to members and prospective members within 15 days of a request under subsection (c) of this section as follows:

1. To the Governor, for an individual seeking appointment to or serving on the State Board of Education or a vocational-technical school district.

2. To the Commissioner of Elections, for an individual seeking to be a candidate for election to a school

board.

board or seeking to be appointed to fill a vacancy on a school board until the next school board election.

3. To the superintendent of a school district, for an individual serving as a member of the school district board.

4. To the board of a charter school, for an individual seeking to serve or serving on the charter school board.

SYNOPSIS

Under current law, both school board members who are elected and those who are appointed to fill vacancies until the next election are required to complete a background check. However, the statute is currently unclear as to how a background check gets done and who is responsible for reviewing the background check for an appointment. This Act makes clear that a person may not be appointed unless a background check has been completed and the Commissioner of Elections has determined the person is qualified for the seat, in the same manner the Commissioner completes that duty for candidates for school board elections.