CHAPTER 201

FORMERLY

SENATE BILL NO. 154

AS AMENDED BY SENATE AMENDMENT NOS. 2 AND 3

AN ACT TO AMEND CHAPTER 85, TITLE 11, DELAWARE CODE TO PROVIDE FOR A PROGRAM FOR THE VOLUNTARY FINGERPRINTING OF CERTAIN SCHOOL CHILDREN.

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

Section 1. Amend Chapter 85, Title 11, Delaware Code by adding a new §8526 as follows: "§8526. Voluntary fingerprinting of certain school children

(a) The Superintendent of State Police shall provide for the training on a time-available basis of volunteers who are nominated by the board of education of each reorganized school district or board of trustees of each private school from parent teacher associations, parent teacher organizations, citizens' advisory councils, or other involved groups such as the Girls' Clubs of Delaware, Incorporated who are Involved in student activities or pilot programs dealing with the subject at hand, or as individuals for the purpose of voluntary fingerprinting of pupils in any grades from kindergarten through nine. Upon completion of such training prescribed by the Superintendent of State Police, such volunteers may take fingerprints pursuant to this section.

(b) Public and private school officials shall cooperate with the aforesaid organizations in the nomination of volunteers and in setting dates for fingerprinting pupils pursuant to this section and providing school facilities and personnel to assist the volunteers in the fingerprinting process; provided however, unless otherwise approved by the local board of education that fingerprinting of a pupil shall not occur during school hours for said pupil.

(c) Each school shall provide a form authorizing a pupil's participation in the fingerprinting program upon the signature of the pupil's parent or guardian. No pupil shall be fingerprinted unless a signed authorization form is in the possession of school officials or person conducting the fingerprinting.

(d) School officials shall notify the parents or guardians of eligible pupils of the date set for the fingerprinting program at least two weeks prior thereto. For purposes of this subsection, 'eligible pupils' mean pupils who have not been fingerprinted previously pursuant to this section.

(e) Fingerprinting pursuant to this section shall be done on a fingerprint card provided by the school with the form thereof approved by the Superintendent of State Police. In addition to fingerprints the card shall contain the following information: name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the name of the parent or guardian of the pupil.

(f) The completed fingerprint card and any duplicate shall be given to the pupil's parent or guardian. Only upon the request of the pupil's parent or guardian may a duplicate fingerprint card be made."

Approved July 19, 1983.