CHAPTER 170

FORMERLY

SENATE BILL NO. 77

AS AMENDED BY

SENATE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL BACKGROUND CHECKS.

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

Section 1. Amend §8570(3), Subchapter VI, Title 11 of the Delaware Code by adding

the following:

"a. The phrase any person who for any reason has regular direct access to children'

in subsection (3) above applies only to persons who are employed, either directly or through a contract, to work at any facility referred to in subsection (4) of this section, except that it shall apply to any person who fills an Extra Pay for Extra Responsibility ("EPER") or extra duty position, whether the person receives compensation or not.

b. This definition shall not apply to substitute food service workers, directly

supervised professional artists sponsored by the Division of the Arts, Arts in Education Program; Very Special Arts; and/or the Delaware Institute for the Arts in Education, instructors in prison programs, Apprenticeship/Trade Extension programs or avocationsl general interest Adult Education programs or instructors in Adult Basic Education or GED programs who do not serve students under age 18."

Section 2. Further Amend §8570, Title 11 of the Delaware Code by adding to the end

of subsection (4) the following: "For the purposes of Subchapter VI only, the phrase, 'Person seeking employment with a public school' shall include employees of the Department of Public Instruction."

Section 3. Amend §8571(b), Title 11 of the Delaware Code, by inserting at the end of

the third sentence before the "." the following: ", and one person in each public school, as defined in §8570(4), who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential".

Section 4. Amend §8571(c), Title 11 of the Delaware Code by adding the following

after the last sentence: "Notwithstanding the foregoing, public schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia of school districts to pay such costs for persons covered by this act who work in more than one school district during the course of a year."

Section 5. Amend §8571, Title 11 of the Delaware Code by re-lettering subsection

(h) as subsection (i) and by adding a new subsection (h) as follows:

"(h) Notwithstanding the exemption under §8570(3) from a criminal background check for those "continuously employed" in the "same" district, a person may be exempt upon transfer between Delaware public school districts if the person has (1) had a criminal background check within the past five years, (2) had no break in service since the date of the check, and (3) requests that the records of that check are forwarded from the previous district to the new district prior to entering into a contract of employment."

Section 6. Severability. It is declared to be the legislative intent that if any section,

subsection, sentence, clause or provision of Subchapter VI, Chapter 85, Title 11 of the Delaware Code as amended is held invalid, the remainder of the Subchapter shall not be affected.

Approved July 7, 1995