Education

Although the Delaware Interscholastic Athletic Association is a unit of the Department of Education, officials are currently allowed to serve without completing background checks before serving. This Act provides that in the event an official for the DIAA is not an individual required to undergo a background check under the law that requires employees, contractors, and volunteers of the Department of Education to meet certain background check requirements, the DIAA must promulgate regulations requiring background checks of officials that meet the same requirements as those for employees, contractors, and volunteers of the Department. This Act further requires that officials complete diversity and anti-discrimination training, and requires student athletes to complete annual sportsmanship and anti-harassment training. This Act also clarifies that member schools must fully cooperate with DIAA investigations of alleged regulatory violations. Finally, this Act makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual. This Act takes effect on the earlier of July 1, 2027 or the date of notice in the Register of Regulations that regulations implementing this Act have been promulgated.

This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract. A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations. The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.

The language of this Act is identical to Senate Bill No. 25 of the 153rd General Assembly. The only difference between this Act and Senate Bill No. 25 is the title, which has been changed to clarify that the language includes the Public Employment Relations Act of Title 19. This Act allows an employee organization to file a petition with the Board to become the exclusive representative of an appropriate bargaining unit for the purpose of collective bargaining. In the event an employee organization provides over 50% of the employees’ approval, through their authorized signatures, then the Board may not order an election but must certify the employee organization. This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.

This Substitute to HB 91 differs from HB 91 in that it further expands free breakfasts in schools participating in the federal School Breakfast Program by making them available to all students, regardless of household income, but does not expand free lunch income eligibility. The Department of Education shall reimburse a public school providing free breakfasts. The reimbursement must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program. This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives. This Act takes effect immediately and is to be implemented beginning July 1, 2026.