Vote Smart's Synopsis:

Vote to pass a bill that requires any school board member charged with a violent felony, a felony against a child, bribery, or abuse of office to be automatically suspended until the case is resolved.

Highlights:

• Defines “member of a school board” as a candidate, prospective, or current member of the State Board of Education, or the board of a public school district, vocational-technical school district, or charter school (Sec. 7-12).

• Prohibits an individual from serving as a member of the State Board of Education or the board of a public school district or vocational-technical school district if any of the following apply to the individual (Sec. 1.a):

• The individual has ever been convicted or has ever pleaded guilty or nolo contendere to any of the following:

• Any crime against a child constituting a felony;

• Any sexual offense against a child; or

• Any crime constituting a felony sexual offense or unlawful sexual contact in the third degree.

• The individual has been convicted or has pleaded guilty or nolo contendere within the preceding 10 years to any crime constituting a felony that is not a permanent disqualification; or

• The individual has been convicted or has pleaded guilty or nolo contendere within the preceding 5 years to any of the following:

• Any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree;

• Possession of a controlled substance or a counterfeit controlled substance; or

• Any crime constituting a misdemeanor offense against public administration involving bribery, improper influence or abuse of office.

• Specifies if a State Board member is suspended, the State Board member’s seat is treated as vacant for purposes of quorum until 1 of the following occur (Sec. 2-3):

• The suspended school board member resigns;

• The suspended school board member’s term expires;

• The charges that are the basis for the suspension are resolved in favor of the suspended school board member; or

• The suspended school board member ceases to be a member of the school board.

• Specifies if a charter school board member is charged with a crime that would disqualify the individual, the charter school must provide all of the following to the authorizer (Sec. 3-3):

• The name of the charter school board member;

• The charges against the charter school board member and the date the charges were filed; and

• The status of the charter school board member.

• Requires a hearing panel selected by the Commissioner of Elections to be conducted as follows (Sec. 4-3):

• The Delaware School Board Association must provide names of 3 or more school board members from different school districts in each county for the hearing panel;

• The Commissioner of Elections must select the members of the hearing panel from the list provided and must select 1 member from a school district in each county; and

• A member of the hearing panel may not be a member of the same school board as the school board member that requested the hearing.

• Specifies if a member of the school board of a reorganized vocation-technical school district is convicted or pleads guilty or nolo contendere to a crime, the Governor must remove the member (Sec. 5.d-1).

• Requires the State Bureau of Investigation and the Department of Services for Children, Youth and Their Families to provide the results of the background checks requested by a candidate, to the Commissioner of Elections within 15 days of the candidate’s request (Sec. 6-2).

• Requires the SBI to provide the criminal background information and DSCYF to provide the Child Protection Registry check information pertaining to members and prospective members within 15 days of a request as follows (Sec. 7-5.a):

• To the Governor, for an individual seeking appointment to or serving on the State Board of Education or a vocational-technical school district;

• To the Commissioner of Elections, for an individual seeking to be a candidate for election to a school board;

• To the superintendent of a school district, for an individual serving as a member of the school district board; and

• To the board of a charter school, for an individual seeking to serve or serving on the charter school board.

Full Bill Text