DelawareHB 97 w/ HA 1153rd 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: Kimberly Williams (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 4 benefits, 2 costs, 3 mixed.

Higher state pay for extra duties

Eligible educators get extra state pay of at least $750 and up to $5,000 a year. The Professional Standards Board and State Board decide which assignments qualify. The money depends on the annual state budget. Districts may pay it evenly through the year or as one payment.

Tuition-free path to teacher license

A Special Institute offers a tuition‑free program to earn a Delaware teacher license. You must have a bachelor’s degree in a Department‑designated critical needs major and a GPA 0.2 points above the regular entry standard. You must agree to teach one year in a Delaware public school for each funded year within five years, or repay the tuition. The program includes supervised teaching. Graduates receive an initial license (3 years for secondary; 4 years for elementary and special education).

Permit needed for unsupervised school work

You may not work alone with students in a Delaware public school without a valid Chapter 12 permit or license, or a Title 24 professional license. Exempt staff include certain non‑instructional administrators, nutrition, custodial, transportation, and clerical staff. Substitute teachers are exempt if they serve less than 12 straight weeks in one school. The law creates permits for paraprofessionals, classroom aides, visiting teachers, substitute teachers, student teachers, year‑long residents, and specialist interns who do not already hold a Chapter 12 or Title 24 license. These permits last up to 5 years and can be renewed after required training. Intern permits cannot be renewed but may be extended until the internship ends.

Stronger discipline and due process for educators

Discipline rules now cover permits as well as licenses. The Secretary must revoke credentials for listed convictions and may automatically suspend after an arrest or indictment for a violent felony or a felony crime against a child. The Secretary may also issue a temporary suspension for up to 60 days when a complaint shows a clear and immediate danger, with at least 72 hours’ notice and a chance to respond. Chiefs must report separations for misconduct within 15 days, and those reports are confidential and not public records. Before denying a license or permit, the Department must give written reasons and a full and fair hearing. The state does not open investigations on anonymous complaints, and discipline is reported to state and federal data banks.

Pay protected under license extensions

You may work in a licensed school role under a license or permit extension or an emergency certificate. Your employer cannot cut your salary because you are working under an extension or an emergency certificate.

Felony for lying on child-safety checks

It is a class G felony to knowingly give false, incomplete, or inaccurate criminal or child‑protection history to get child‑serving work or a Chapter 12 license. These cases go to Superior Court, which has exclusive jurisdiction.

Old automatic advanced-license path ended

The Department no longer must grant continuing or advanced licenses based on pre‑1971 Delaware certificates or National Board certification. These automatic issuance rules are removed. People who relied on those old criteria may not receive those licenses now.

Stricter staffing compliance for schools and vendors

Vendors who supply staff to schools must ensure those workers hold the required license, certificate, or permit. If a vendor knowingly assigns a noncompliant person, the Department can report the vendor to the Division of Revenue to consider revoking the business license. Districts and charters are encouraged to add compliance terms to contracts. The Department can make districts or charters repay state funds used to pay an intentionally unlicensed employee after 90 days from hire. The Department cannot seek repayment if it caused the licensing delay and must give at least 30 days’ notice before recovery. For expired licenses, the Department must have warned the employee and employer before expiration.

Clear roles and new credential rules

The law clarifies who counts as a teacher, aide, or support staff. It names roles like paraprofessional, classroom aide, specialist intern, year‑long resident, and visiting teacher. The Professional Standards Board sets rules for licensure, permits, and training for these roles. The Department of Education carries out those rules. These rules decide who must hold a license or permit and what training they need.

Sponsors & Cosponsors

Sponsor

Kimberly Williams
Democratic • House

Cosponsors

William Bush
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Daniel Cruce
Democratic • Senate
Mara Gorman
Democratic • House
Debra Heffernan
Democratic • House
Russell Huxtable
Democratic • Senate
Kendra Johnson
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Michael F. Smith
Republican • House
Melanie Ross Levin
Democratic • House
Laura V. Sturgeon
Democratic • Senate
John "Jack" Walsh
Democratic • Senate

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