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Delaware General Assembly· HB 452Signed

DIAA/Background Checks, the official text

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SPONSOR: Rep. Chukwuocha & Rep. Berry & Sen. Cruce
                                                                   Rep. K. Johnson

                                          HOUSE OF REPRESENTATIVES
                                            153rd GENERAL ASSEMBLY

                                                HOUSE BILL NO. 452

    AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE
    INTERSCHOLASTIC ATHLETIC ASSOCIATION AND BACKGROUND CHECKS FOR CHILD-SERVING
    ENTITIES.

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

1   Section 1. Amend § 303, Title 14 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 303. Regulations, policies, and procedures.

4   (b) (1) The Board shall develop regulations relating to secondary and middle school interscholastic athletics. In

5 addition to the regulations required under § 304 of this title and §§ 10111 and 10113 of Title 29, the regulations must

6 include at least all of the following:

7                  d. Eligibility requirements for a student to participate in interscholastic athletics, except as under § 313, §

8   314, or § 315 of this title. The Board must require students who participate in interscholastic athletics to complete

9   annual sportsmanship and anti-harassment training as part of the eligibility process.

10                 f. Requirements for a coach or sports official in interscholastic sports. sports, which must include at least

11  the following:

12                 1. For officials, if a criminal background check or Child Protection Registry check is not otherwise

13  required under § 309 of Title 31, an initial and subsequent fingerprint-based state and federal criminal

14  background check as well as a Child Protection Registry check obtained by the applicable officials’

15  association that meets the same requirements for volunteers, employees, or contractors in a child-serving

16  entity under § 309 of Title 31, and which is evaluated by the officials’ association to ensure the official does

17  not meet any of the prohibitions under § 309(d) of Title 31. For purposes of any “Rap Back” reporting,

18  subsequent criminal record reports must be provided by the State Bureau of Identification to the Department,

19  or, for officials working with private schools that do not participate in Rap Back, to the DIAA, which must

20  maintain appropriate release forms to ensure continuous monitoring with the knowledge of the official. An

21  individual with a criminal history that would preclude the individual from being employed or contracted by

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22  the Department or from providing volunteer services for the Department under § 309 of Title 31 may not

23  serve as a sports official.

24                 2. The completion of diversity and anti-discrimination training that addresses implicit bias,

25  harassment prevention, cultural competency, and inclusion.

26                 h. Require each member school to fully cooperate with DIAA investigations of alleged regulatory

27  violations under § 304 of this title.

28                 i. Require all officials’ associations to enter an agreement with the DIAA that requires the association to

29  maintain background check records obtained under paragraph (b)(1)f.1. of this section and to provide the records

30  to DIAA upon request for DIAA to monitor and verify compliance with requirements under this section.

31                 h. j. Other matters affecting interscholastic athletics.

32  Section 2. Amend § 304, Title 14 of the Delaware Code by making deletions as shown by strike through and

33 insertions as shown by underline as follows:

34  § 304. Other duties, powers, and authority.

35  The Board has the duties, powers, and authority necessary for the enforcement of this chapter and the regulations

36 adopted under this chapter. Regulations under this chapter must do at least all of the following:

37  (3) Determine Establish procedures to determine the existence of a violation of the regulations by a member

38  school, athlete, coach, administrator, official, or spectator and penalize a violation by official reprimand, placement on

39  probation, fine, suspension, or other action as the Board deems appropriate.

40  (4) Investigate, Establish procedures to investigate, conduct a hearing on, and take action on an alleged

41  violation of a regulation under this chapter that a member school, athlete, coach, administrator, official, or spectator

42  commits.

43  (5) Interpret Establish procedures to interpret regulations made under this chapter, and conduct hearings and

44  take action on requests for a waiver of the regulations.

45  (6) Establish the fee for officiating a contest or competition.

46  Section 3. This Act takes effect on the earlier of the following:

47  (1) July 1, 2027.

48  (2) The date notice is published in the Register of Regulations by the Delaware Interscholastic Athletic

49 Association that regulations implementing this Act have been promulgated.

                                                 SYNOPSIS

              Although the Delaware Interscholastic Athletic Association is a unit of the Department of Education, officials are
    currently allowed to serve without completing background checks before serving. This Act provides that in the event an
    official for the DIAA is not an individual required to undergo a background check under the law that requires employees,

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contractors, and volunteers of the Department of Education to meet certain background check requirements, the DIAA must
promulgate regulations requiring background checks of officials that meet the same requirements as those for employees,
contractors, and volunteers of the Department.

          This Act further requires that officials complete diversity and anti-discrimination training, and requires student
athletes to complete annual sportsmanship and anti-harassment training.

          This Act also clarifies that member schools must fully cooperate with DIAA investigations of alleged regulatory
violations.

          Finally, this Act makes technical corrections to existing code to conform to the standards of the Delaware
Legislative Drafting Manual.

          This Act takes effect on the earlier of July 1, 2027 or the date of notice in the Register of Regulations that
regulations implementing this Act have been promulgated.

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