Delaware Private School and Youth Camp Background Check Rules: 2026 Update

Delaware private schools and youth camps directly operated by private schools must now use the State’s required fingerprint-based background-check process for covered employees, contractors, and volunteers.

The change took effect July 1, 2026, and covered child-serving entities and private schools were required to comply by September 1, 2026. It removed the former option for private schools and youth camps to use a name-based Delaware check with a private third-party out-of-state search—or to opt out of screening entirely.

For the required Delaware screening, schools should use the Delaware State Police Certified Criminal History process.

Important: Global Background Screening does not provide the Delaware State Bureau of Identification (SBI), FBI fingerprint, and Child Protection Registry process required for this Delaware private-school and youth-camp purpose. A GBS commercial background check cannot replace the State-required process.

What Delaware law now requires

Delaware’s new private-school background-check statute defines the required check as:

• A fingerprint-based Delaware criminal-history check through the State Bureau of Identification (SBI)

• A national criminal-history check through the FBI

• A Child Protection Registry check completed by the Delaware Department of Services for Children, Youth and Their Families (DSCYF)

Delaware Session Law, Chapter 197 created Section 309A of Title 31 and repealed the former name-based and opt-out alternatives.

Private schools must register with SBI before processing employees. Delaware State Police explains the registration process and states that the results are issued directly to the school’s point of contact. Register and obtain the required Delaware criminal-history check here.

Who is covered?

The requirement applies to private-school personnel who meet the law’s definitions, including:

• Employees and prospective employees with regular direct access to children

• Student teachers and certain workers of a related or parent organization

• Contractors who have regular direct access to children or provide services directly to children

• Volunteers with regular direct access to children

• Summer schools operated by a private school

• Youth camps directly operated by a private school

The statute defines a private school as a nonpublic K–12 school operating under a board of trustees. It specifically includes a summer school or youth camp operated by that private school.

This does not automatically mean every independent youth-sports league, community camp, or nonprofit is subject to Section 309A. Organizations should confirm their exact status and requirements with Delaware counsel or the appropriate state agency.

What changed from the old rule?

Previously, private schools and youth camps had an alternative path that allowed a name-based Delaware check plus an out-of-state private screening process. They could also choose not to conduct the checks if they notified parents.

Those alternatives have been repealed.

A commercial county, statewide, national database, Social Security trace, or name-based search—including a report from GBS—may be useful only as a separately authorized supplement. It does not satisfy Delaware’s SBI/FBI fingerprint and Child Protection Registry requirement for covered private-school roles.

How covered schools should comply

1. Identify covered roles

Review employees, applicants, coaches, volunteers, contractors, student teachers, and outside personnel who may have regular direct access to children.

Do not limit the review to paid staff. Covered volunteers and contractors also require attention.

2. Register and use the Delaware State Police process

Private schools should follow the Delaware State Police instructions for obtaining a certified criminal history and complete the required private-school registration before submitting applicants.

Do not use the State Police personal-report option for this purpose. Delaware specifically states that a personal certified criminal-history report does not fulfill requirements for legally mandated agencies or organizations.

3. Obtain the required Child Protection Registry authorization

The law requires the private school to obtain a signed statement from the prospective employee, contractor, or volunteer authorizing release of Child Protection Registry information to the school. The signed release must accompany the school’s request.

4. Limit access to sensitive results

SBI provides criminal-history results, and DSCYF provides Child Protection Registry information, to the head of school or the head of school’s designee. The law treats this information as confidential.

Schools should designate authorized reviewers, restrict access, avoid sharing results unnecessarily, and maintain a documented process for handling eligibility decisions.

5. Keep commercial screening separate from the legal requirement

GBS can assist organizations with permitted volunteer background checks and other supplemental screening needs. However, those reports must not be represented as satisfying Delaware’s fingerprint-based private-school or school-operated youth-camp mandate.

Organizations that operate youth programs in other states can also review our Youth Sports Background Check Packages. Requirements vary by state, program, role, and whether the organization is a school, sanctioning authority, nonprofit, or private employer.

Delaware private-school screening checklist

Before allowing a covered person to begin work or volunteer service, a private school should confirm that it has:

• Identified whether the role involves regular direct access to children.

• Registered with Delaware SBI, where required.

• Used the Delaware SBI/FBI fingerprint process.

• Obtained the required Child Protection Registry check and signed authorization.

• Designated the authorized school contact to receive and review results.

• Protected criminal-history and registry information as confidential.

• Avoided substituting a commercial background check for the statutory Delaware process.

Frequently asked questions

Can a private school use a standard online background check instead?

No. A standard commercial background check does not replace the Delaware SBI/FBI fingerprint check and Child Protection Registry check required for covered private-school roles.

Can GBS provide the Delaware youth fingerprint check required by this law?

No. GBS cannot provide the Delaware statutory fingerprint and registry process for this purpose. Covered schools should use the Delaware State Police process.

Does this apply to private-school volunteers?

Yes, when the volunteer has regular direct access to children under the statute.

Does this apply to all youth-sports organizations in Delaware?

Not necessarily. The new private-school section expressly includes youth camps directly operated by a private school. Independent youth-sports organizations should confirm which Delaware rules apply to their structure and activities.

Compliance notice: This article provides general information, not legal advice. Delaware screening obligations can depend on the organization, role, relationship to children, and applicable program rules. Consult qualified Delaware counsel or the appropriate state agency for guidance on your situation.