14 Del. Admin. Code § 746-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 746-3.0 - Criminal Background Check Requirements and Procedures for Student Teaching Position Candidates

3.1 Effective April 7, 2016, any candidate for a Student Teaching Placement in a Public School shall be required to have a criminal background check as prescribed through this regulation.

3.2 The State Bureau of Identification (SBI) shall provide the criminal background information and the Department of Services for Children, Youth and Their Families (DSCYF) shall provide the Child Protection Registry check information to the individual and to the Higher Education Institution identified by the individual, through the Administrator of Educator Preparation Program. The Higher Education Institution shall determine whether the individual is prohibited from being placed per the provisions of 31 Del.C. § 309 (d) and shall send a copy of the complete criminal background check and Child Protection Registry check information to the head of the Public School considering the person as a candidate for a Student Teaching Placement. If the individual is not prohibited from placement per the provisions of 31 Del.C. § 309 (d), but the individual has a criminal conviction or is or has been on the Child Protection Registry, the Public School shall make a determination regarding suitability for placement using the factors in stated in statute. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer, head of the Public School, the chief personnel officer of the school, and one person in each school who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential.

3.3 The candidate for a Student Teaching Placement in a Delaware Public School shall be subject to the following procedures:

3.3.1 After notification by the Higher Education Institution that he/she is a candidate for a Student Teaching Placement, the candidate shall present him/herself to SBI personnel at one of the Delaware State Police Troops that processes such criminal background checks or at an on site appointment arranged by the Higher Education Institution.

3.3.2 The candidate shall cooperate in all respects with this criminal background check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by SBI, which may be shown to the candidate's placing Higher Education Institution as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records.

3.3.3 The candidate shall request that SBI send original versions of the criminal background check to both the candidate and Higher Education Institution.

3.3.3.1 Provided further, a candidate attending a private Delaware Higher Education Institution shall provide a copy of his/her state and federal criminal history record, certified by SBI, to the designated person at the placing private Delaware Higher Education Institution.

3.4 All costs associated with obtaining a criminal background check shall be paid for by the person seeking a Student Teaching Placement.

14 Del. Admin. Code § 746-3.0

12 DE Reg. 1306 (04/01/09)
13 DE Reg. 843 (12/01/09)
14 DE Reg. 557 (12/01/10)
19 DE Reg. 918 (4/1/2016) (Final)