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HB95 • 2025

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF STUDENT RECORDS.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF STUDENT RECORDS.

Education Parental Rights Privacy
Passed Legislature

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

Sponsor
Lynn
Last action
2025-04-09
Official status
Out of Committee 4/9/25
Effective date
Not listed

Plain English Breakdown

The bill has passed committee but its final status as law depends on further legislative action and governor approval, which are not yet confirmed in the provided text.

HB95: Rules for Sharing Student Records with Immigration Agencies

This bill requires schools and companies holding student data to get written approval from the Delaware Attorney General before sharing records with immigration enforcement, unless a court warrant exists.

What This Bill Does

  • Requires public schools and the Department of Education to ask for permission before giving student records to immigration agents.
  • Requires operators of digital student data companies to follow the same rules as schools when asked by immigration agencies.
  • Allows sharing without prior approval only if a judge issues a judicial warrant.
  • Mandates that requests for permission be written and sent at least 72 hours in advance.
  • Lists specific details requesters must include, such as which records are needed and how privacy will be protected.
  • Gives students or guardians the right to sue for money damages if their information is shared against these rules.

Who It Names or Affects

  • Public school districts, charter schools, vocational-technical schools, and other state-funded programs.
  • The Delaware Department of Education (DOE).
  • Companies that operate systems holding digital student data.
  • Students and their parents or legal guardians whose records are held by these groups.

Terms To Know

Student record
Any file, document, or information kept by a school that contains personal details about a student or their guardian.
Judicial warrant
A legal order issued by a judge that allows officials to access records without needing prior permission from the Attorney General.
Operator
The company or person running a system that stores digital student data.

Limits and Unknowns

  • This bill does not explain how long it will take the Attorney General to approve or deny requests.
  • It is unclear if this law applies to private schools that do not receive state funding, as they are not listed in the definition of 'school'.
  • The text does not specify what happens if a request for permission is denied by the Attorney General.

Bill History

  1. 2025-04-09 Delaware General Assembly

    Reported Out of Committee (Education) in House with 7 Favorable, 3 On Its Merits

  2. 2025-03-27 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 DISCLOSURE OF STUDENT RECORDS.
This Act prohibits the DOE, public schools, and operators of companies that hold digital student data from sharing student information with immigration enforcement agencies without permission from the DE AG.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Lynn & Rep. Ortega & Sen. Hoffner & Sen. Pinkney

Reps. Burns, Griffith, K. Johnson, Morrison, Neal, Phillips, Ross Levin, Wilson-Anton, Chukwuocha, Snyder-Hall, Lambert, Berry

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 95

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF STUDENT RECORDS.

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

Section 1. Amend Subchapter I, Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4111A. Disclosure of students' school records; prohibitions.

(a) For purposes of this section:

(1) “Guardian” means a parent or legal guardian of a minor student or student who is otherwise legally dependent.

(2) “School” means a school district, a charter school, a vocational-technical school, or any other school or program that is primarily funded with state or local funds.

(3) “Student” means a person who at all relevant times is admitted to the academic institution.

(4) “Student record” means any record, file, document, or other information maintained by an academic institution that contains the student’s or guardian’s personally identifiable information.

(b) A school or the Department of Education must obtain authorization from the Delaware Attorney General before the school or Department of Education may disclose student records to an immigration enforcement agency or immigration enforcement agent, unless the disclosure is pursuant to a judicial warrant.

(c) Authorization under paragraph (b) of this section must be requested by the school or the Department of Education seeking authorization to disclose student records. The request for authorization must:

(1) Be in writing.

(2) Provide the Delaware Attorney General at least 72 hours notice of the request.

(3) State the name of the enforcement agency to whom the disclosure will be made.

(4) State the reason for the request.

(5) Give a detailed description of the scope of the request, including:

a. The purpose of the request.

b. A list of records sought.

c. The names of individuals who may be impacted by the request.

d. The manner in which the student records will be handled and student privacy protected.

(d) A student or guardian whose information is disclosed in violation of this section may have a cause of action for injunctive relief and actual damages, including reasonable attorney’s fees.

Section 2. Amend Chapter 81A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8107A. Federal agency cooperation; restrictions.

(a) Notwithstanding any other provision of this chapter to the contrary, an operator must obtain authorization from the Delaware Attorney General before the operator may disclose student records to an immigration enforcement agency or immigration enforcement agent, unless the disclosure is pursuant to a judicial warrant.

(b) Authorization under paragraph (a) of this section must be requested by the operator seeking authorization to disclose student records. The request for authorization must:

(1) Be in writing.

(2) Provide the Delaware Attorney General at least 72 hours notice of the request.

(3) State the name of the enforcement agency to whom the disclosure will be made.

(4) State the reason for the request.

(5) Give a detailed description of the scope of the request, including:

a. The purpose of the request.

b. A list of records sought.

c. The names of individuals who may be impacted by the request.

d. The manner in which the student data will be handled and student privacy protected.

SYNOPSIS

This Act prohibits the DOE, public schools, and operators of companies that hold digital student data from sharing student information with immigration enforcement agencies without permission from the DE AG.