New laws in effect for 2022 school board election

Two recently signed laws are now in effect for the 2022 school board election, set for Tuesday, May 10.

In September, Gov. John Carney signed into law Senate Bill 78, which enhances requirements and details crimes that would disqualify school board candidates and members from running for or keeping office.

Potential candidates must now undergo a criminal background check and a Child Protection Registry check that will be submitted to the election commissioner by the State Bureau of Identification and the Department of Services for Children, Youth and their Families. 

The election commissioner will then determine if the individual has any disqualifying convictions before deeming the person a candidate for election, the law states.

Individuals are permanently disqualified as candidates if they have ever been convicted of or pled guilty or nolo contendere to any felony crime or sex offense against a child, and any felony sex offense or third-degree unlawful sexual contact. 

Anyone convicted of or who pled guilty or nolo contendere to a felony that is not a permanent disqualification within 10 years is disqualified, the law states. Additionally, anyone convicted of or who pled guilty or nolo contendere to a misdemeanor crime against a child, except unlawful third-degree sexual contact, within five years is disqualified.

Possession of a controlled substance or counterfeit controlled substance, except for a personal-use quantity of marijuana or drug paraphernalia, is also a disqualifying crime.

Current school board members must now inform the superintendent and other school board members if they have been charged with a disqualifying crime. The superintendent can also require a current member to obtain a new criminal background check if there is a reasonable suspicion the member has been charged with such a crime. 

Members charged with a disqualifying crime are automatically suspended pending final resolution of charges. If the member is convicted of or pleads guilty or nolo contendere to the charge, the member is no longer on the school board. Suspended or removed members may request a hearing conducted by a panel selected by the elections commissioner.

In related legislative action, House Bill 92 became effective in October and reduces the term of office from five years to four years for school board members elected after Dec. 31, 2021.

The first seat in the Cape Henlopen School District to be affected by these changes is Area D, currently held by Julie Derrick, who ran unopposed in 2017 and serves as board vice president for the 2021-22 school year. In a Dec. 31 email, Derrick said she had not yet decided to run again.

Filing deadline for candidates is 4:30 p.m., Friday, March 4. For more information, go to elections.delaware.gov.