1. (a) An individual may not serve 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:

   1. (1) The individual has ever been convicted or has ever pleaded guilty or nolo contendere to any of the following:

      1. a. Any crime against a child constituting a felony.
      2. b. Any sexual offense against a child.
      3. c. Any crime constituting a felony sexual offense or unlawful sexual contact in the third degree under § 767 of Title 11.
   2. (2) 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 under paragraph (a)(1) of this section.

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

      1. a. Any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree under § 767 of Title 11.

      2. b. Possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV, or V of Chapter 47 of Title 16, except for any of the following:

         1. 1. Possession of a personal use quantity of marijuana under § 4764 of Title 16.
         2. 2. Possession of drug paraphernalia under § 4771 of Title 16.
      3. c. Any crime constituting a misdemeanor offense against public administration involving bribery, improper influence or abuse of office.
   4. (4) The individual fails to comply with subsection (c) of this section.
2. (b) Before an individual may be appointed to or qualify as a candidate for membership on the State Board of Education or the board of a public school district or vocational-technical school district, the individual must obtain a criminal background check and Child Protection Registry check under § 309 of Title 31.

3. (c) (1) a. A member of the State Board of Education or a vocational-technical school district board must inform the Governor if the member is charged with a crime under subsection (a) of this section.

   1. b. The Governor may require a member of the State Board of Education or a vocational-technical school district board to obtain a new background check under § 309 of Title 31 if the Governor has reasonable suspicion that the member has been charged with a crime under subsection (a) of this section.

   2. (2) a. A member of the board of a public school district must inform the superintendent of the school district and other members of that school district board if the member is charged with a crime under subsection (a) of this section.

      1. b. The superintendent of a school district may require a member of the district school board to obtain a new background check under § 309 of Title 31 if the superintendent has reasonable suspicion that the member has been charged with a crime under subsection (a) of this section.

83 Del. Laws, c. 187, § 1