§ 312. Background checks for private schools [Effective July 1, 2026].
638 words·~3 min read·
/de/title-31/chapter-3-child-welfare/subchapter-i-general-provisions/312·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A background check is required for all employees, contractors, and volunteers of private schools. The prohibitions set forth in § 309(d) of this title apply to employees, contractors, and volunteers of private schools.
(b)For purposes of this section:
(1)“Background check” means a fingerprint-based Delaware and national background check completed by the State Bureau of Identification
(SBI)and the Federal Bureau of Investigation
(FBI)as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF).
(2)“Child Protection Registry” means as defined in § 309 of this title.
(3)“Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a private school who has regular direct access to children or provides services directly to a child or children.
(4)“Direct access” means as defined in § 309 of this title.
(5)“Employee” means any individual employed or seeking employment for compensation with a private school and includes student teachers or any employee of the school or an employee of a related or parent organization of the private school who for any reason has regular direct access to children in a private school.
(6)“Private school” means a school having any or all of grades kindergarten through 12, operating under a board of trustees, which is not a “public school” as that term is defined in § 309 of this title. “Private school” includes a summer school operated by a private school and a youth camp directly operated by a private school.
(7)“Volunteer” means an individual providing volunteer services within a private school who has regular direct access to children.
(8)“Youth camp” means as defined in § 309 of this title.
(1)SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers, and contractors of private schools, except as otherwise allowed or required, provided that the prospective employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the authorization of the Adam Walsh Child Protection and Safety Act [34 U.S.C. § 20901 et seq.] or any other applicable federal law. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section.
(2)A private school must obtain a statement signed by a prospective employee, contractor, or volunteer that authorizes a full release to the private school to obtain information provided as a result of the Child Protection Registry check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement, which must be attached to the request from the private school for the Child Protection Registry check.
(1)Upon completion of a criminal background and Child Protection Registry check the SBI shall provide the criminal history background check and DSCYF shall provide the Child Protection Registry check information to the head of the private school or the head of school’s designee. The private school shall determine whether the individual is prohibited from employment, contractual services, or volunteering at the private school according to the prohibitions set forth in § 309(d) of this title.
(2)Criminal history and Child Protection Registry check information is confidential and may only be disclosed to the private school’s head of school or the head of school’s designee.