DOVER, Del. — Three new bills introduced in the Delaware House of Representatives aim to improve accountability and transparency for school board members across the state. House Bill 85, House Bill 82, and House Bill 77 address background checks, residency requirements, and training standards for school board members, respectively. The bills are being considered in the lead-up to May's School Board Elections.
House Bill 85: Strengthening Background Check Requirements
House Bill 85 clarifies the process for conducting and reviewing background checks for both elected school board members and appointed members who fill vacancies. Under current law, there is ambiguity around how background checks are completed and who is responsible for reviewing them.
If passed, the bill would ensure that no individual can be appointed to a school board seat without completing a background check. The Commissioner of Elections would be responsible for determining a candidate’s qualifications, as is currently done for elected members.
House Bill 82: Residency Requirements for School Board Members
House Bill 82 establishes clear residency requirements for school board members and candidates. The bill specifies that members must be “inhabitants” of the district they represent, meaning they must legally and physically reside within the district.
If a member is absent from the district for more than 25 percent of the year, they would lose their status as an inhabitant, and their seat could be declared vacant—except in cases of military service. Additionally, any district resident may petition the Superior Court to declare a vacancy if they believe a member is no longer an inhabitant.
House Bill 77: Mandatory Training for School Board Members
House Bill 77 requires that all school board members, including those on charter school boards, complete training on best practices for meetings, compliance with the Freedom of Information Act, and ethical conduct under the State Employees’, Officers’ and Officials’ Code of Conduct.
Most school boards already offer similar training, but the bill would ensure consistency statewide and allow required training to be combined with existing financial responsibility training.
The bills are currently under consideration in the House Education Committee. If passed, they will move on to the full House for a vote.