DelawareHB 97153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION, PROFESSIONAL STANDARDS, AND SALARY SUPPLEMENTS.

Sponsored By: Sponsor information unavailable

Signed by Governor

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 3 benefits, 3 costs, 5 mixed.

Higher extra-duty pay for school employees

The law raises the maximum state-funded supplement for approved extra duties from $1,500 to $5,000. The minimum stays $750. Eligible public-school employees include specialists, administrators, and supervisors paid under the basic salary schedule. Assignments need Professional Standards Board designation and State Board approval; local assignments also need local-board action. Local assignments must be academic, not extracurricular or noninstructional supervision. Funding depends on annual appropriations.

School applicants face stronger disclosure penalties

Applicants for covered education licenses or permits must disclose their own criminal conviction history. Failure to disclose can lead to denial, revocation, or criminal prosecution. Permit applicants face a class G felony for knowingly giving false, incomplete, or inaccurate criminal-history or child-protection information. That penalty also covers knowingly violating the related background-check law, and the Superior Court has exclusive jurisdiction.

Some teacher training and licensing routes end

The law ends the Special Institute for Teacher Licensure and Certification, including its tuition-free alternative training for college graduates. It also removes older routes to continuing educator licenses. Those routes covered specified certificates issued before July 13, 1971, and professional-status or standard certificates upon expiration. Another repealed route provided advanced licenses based on National Board certification and a current Delaware certificate held as of May 3, 2000.

Emergency school suspensions include hearing deadlines

The Secretary can temporarily suspend a permit, license, or certificate while a hearing is pending. The complaint must show a clear, immediate danger to students' health, safety, or welfare. The holder or attorney must receive at least 72 hours' written or oral notice before suspension. Suspension generally lasts no more than 60 days, but can last longer when the holder requests a continuance. An expedited hearing request is due within 10 calendar days after receiving the suspension decision. The hearing examiner must start the hearing within 15 days of a timely request.

School permit holders face discipline with safeguards

Permit holders face public reprimands, credential limits, suspension, or revocation for listed fraud, falsification, assessment violations, crimes, or misconduct. Comparable conduct elsewhere also counts; violent felonies, felony crimes against children, and felony sexual offenses require revocation. An arrest or grand-jury indictment for a violent felony or felony against a child can trigger suspension. Holders have 20 calendar days after that notice is mailed to request an expedited hearing. For ordinary charges, hearing requests are due within 30 calendar days after notice is mailed. Suspensions can last up to 5 years; covered revocations require at least 5 years before seeking reinstatement. Reinstatement after an overturned plea or conviction requires no later proceeding resulting in another plea or conviction. Consent-agreement surrender generally counts as discipline, and surrendered rights cannot be regained. The Secretary can also restrict work after 3 concern letters about the same or substantially similar conduct to protect students.

School workers need credentials, with pay protections

Employees and contractors must meet the credential requirements for their Delaware public-school jobs. Unsupervised student work requires a valid education permit, education license, or approved professional license. Covered roles include paraprofessionals, student-support staff, visiting and substitute teachers, student teachers, year-long residents, specialist interns, and classroom aides. Applicants must meet education and training standards; permits last up to 5 years and renewal requires approved activities. Intern permits cannot be renewed but can be extended to finish an internship. Exemptions cover noninstructional administrators, nutrition, custodial, transportation and clerical staff, certain charter administrators, and substitutes serving fewer than 12 consecutive weeks. Approved professional licenses include occupational therapy, mental health, psychology, social work, speech and hearing professions, physical therapy, and athletic training—not hearing-aid dispensing. Authorized credential extensions and emergency certificates allow continued work, and salaries cannot be reduced because workers use them.

Equal mentor stipends for retired educators

Retired educators who mentor are entitled to the same stipends as nonretired educator mentors. The law does not set a stipend amount. It treats retired educators doing this work as casual employees for pension purposes.

More diploma holders qualify as classroom aides

People with a diploma of alternate achievement standards can work as classroom aides in Delaware public schools. They must still meet the applicable permit requirements.

School contractors must verify worker credentials

Vendors and contractors must verify required licenses, certificates, or permits for people they assign to Delaware schools. Knowingly assigning an unqualified person can lead to a Department referral to the Division of Revenue for possible business-license revocation.

Permit holders and schools must report misconduct

Permit holders must report covered convictions, arrests, or indictments to the Secretary of Education in writing within 20 days. They have 30 days to report credential surrender, revocation, suspension, or limits imposed by any jurisdiction or agency. School leaders must report specified arrests or indictments and misconduct-related job separations. Separation reports are due within 15 days. No separation report is required when the worker requests and wins a hearing after notice of intent to terminate.

Schools face credential repayments with worker protections

The Department can demand repayment when a district or charter intentionally keeps an employee without required credentials beyond 90 calendar days. Repayment covers only time after that initial-hire grace period and requires at least 30 days' notice to employee and employer. Expired credentials can also trigger repayment after notice before expiration, unless Department delay caused the lapse. Schools can recover costs from employees only for intentionally false information or failure to provide required documents. The Department must copy employers on employee notices about application problems, credential issuance, or expiration. Employers can appeal repayment decisions to the State Board of Education, whose decision is final.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 51 • No: 0

Senate vote • 6/26/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 5/6/2025