Bill Text: DE HB100 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Background Checks For Persons With Access To Public Schools.
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: (Engrossed - Dead) 2011-06-23 - Defeated by Senate. Votes: Defeated 10 YES 5 NO 5 NOT VOTING 1 ABSENT 0 VACANT [HB100 Detail]
Download: Delaware-2011-HB100-Draft.html
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SPONSOR: |
Rep. Osienski & Sen. Cloutier |
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Reps. Bolden, Heffernan, Jaques, J. Johnson, Mitchell, Mulrooney, Ramone, Schooley, Walker, Willis; Sens. Sokola, Sorenson |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 100 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR PERSONS WITH ACCESS TO PUBLIC SCHOOLS. |
Section 1. Amend Title 11 of the Delaware Code by adding a new §8571A as follows:
"§ 8571A.Background Check Requirement for Contractors and Subcontractors.
(a) All contractors, subcontractors, and their employees who will access public school premises are required to undergo a criminal history background check and a child protection registry check.The criminal history background check may not be more than 2 years old at the time of engagement of contracted services.This requirement does not apply to new school construction sites where no students are present at any time.
(b) The contractor or subcontractor shall pay for any check required under this section.
(c) The results of the criminal history background check will be forwarded to the public school in accordance with §8571(b) of this Title.
(d) No contractor, subcontractor, or employee thereof, will be permitted entry onto public school premises if he or she: (1) has been convicted in the last five years of any crime listed in § 4201(c) of this Title; (2) is currently on the Child Protection Registry at Child Protection Level III or IV as provided in subchapter II of Chapter 9 of Title 16, has been convicted of any offense contained in Child Protection Level IV, or for 7 years after the conviction date if the person has been convicted of any Level III offense in which a child was the victim; or (3) has ever been convicted of a felony sexual crime where the victim was a child.
(e) The provisions of §8571(d) and (h) relating to a procedure for reconsideration of a determination to deny employment shall not apply to persons covered under this section.
(f) A contractor, subcontractor, or employee who has not undergone the checks required by this section may access public school premises so long as he is accompanied at all times by a public school staff member or person acting as an agent of the public school. In the event of a disaster or emergency a school may permit access by persons who have not undergone the checks required by this section.
(g) The Department of Education shall develop a process for the issuance of a standardized identification badge for contractors, subcontractors, and their employees who have successfully passed the checks required under this section.
Section 2.This Act shall become effective on January 30 of the year following its enactment.
Section 3.This Act shall apply only to contracts entered into after the effective date of this legislation.
SYNOPSIS
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This Bill revises the background checks required in public schools by broadening the requirement to include all contractors or their employees – such as construction workers or computer service workers – who will be present for any reason on school premises.It forbids access to anyone recently convicted of a violent felony or who is listed as a serious offender on the State's Child Protection Registry or who has ever been convicted of a felony sexual offense with a child victim. |
