Delaware 2023-2024 Regular Session

Delaware House Bill HB181

Introduced
6/1/23  
Introduced
6/1/23  
Engrossed
6/20/23  
Refer
6/1/23  
Engrossed
6/20/23  
Enrolled
6/29/23  
Refer
6/20/23  
Passed
9/11/23  
Enrolled
6/29/23  

Caption

An Act To Amend Title 31 Of The Delaware Code Relating To Background Checks For Child-serving Entities And Other Organizations.

Impact

The proposed amendments are intended to clarify the responsibilities of educational institutions in evaluating the suitability of individuals based on their criminal backgrounds or status on the Child Protection Registry. The bill reiterates the confidentiality of sensitive information obtained through background checks, restricting disclosure to specific personnel involved in the hiring or contracting process. This could significantly affect the hiring procedures for schools and educational contractors, as decisions would rely heavily on interpreted suitability based on individual circumstances defined in the bill.

Summary

House Bill 181 is a legislative proposal aimed at amending Title 31 of the Delaware Code specifically related to background checks for individuals serving children through various entities. The primary focus is to streamline the process of background checks conducted on employees or contractors of child-serving entities, including public and private schools, and to ensure that all necessary criminal history checks are executed with respect to the safety of children. It seeks to enhance the existing framework for such background checks by allowing the State Bureau of Identification (SBI) to provide subsequent arrest notifications to the Department of Education for its employees and contractors, ensuring continuous monitoring beyond initial checks.

Sentiment

Overall, the sentiment surrounding HB 181 appears to be cautiously supportive, recognizing the importance of ensuring that individuals working with children are appropriately vetted while acknowledging the need for a clear and efficient process for determining suitability. Stakeholders in education express balanced views, emphasizing the necessity for safety while also recognizing the importance of protecting the rights of applicants concerning their criminal history and ensuring transparency in the hiring process.

Contention

Notable points of contention have revolved around the balance between community protection and individual rights. While proponents argue that expanding background checks enhances child safety, critics may raise concerns about potential overreach and the impact on hiring opportunities for individuals with past criminal records who may be responsive to rehabilitation. The bill touches upon broader themes of educational policy, regulatory frameworks around child welfare, and the principles of fair employment practices.

Companion Bills

No companion bills found.

Similar Bills

DE HB47

An Act To Amend Title 31 Of The Delaware Code Relating To Background Checks.

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