Delaware's House Bill 97, signed into law September 2, 2025, is now in effect for the 2026–27 school year, bringing new credentialing requirements for school staff and giving the state authority to claw back funding from districts or charter schools that intentionally keep unlicensed employees beyond a 90-day grace period.
What the law does
The law amends Titles 14 and 31 of the Delaware Code to require that anyone working unsupervised with students in a public school must hold a valid permit, a license issued under Chapter 12 of Title 14, or an approved professional license issued under Title 24. The new permit requirement covers paraprofessionals, student support personnel including visiting teachers, full-time substitute teachers, substitute teachers seeking certification, student teachers, year-long residents, specialist interns, and classroom aides. Exempt categories include non-instructional administrators, nutrition staff, custodial staff, transportation staff, clerical staff, certain charter school heads, and substitute teachers serving fewer than 12 consecutive weeks in one school.
Under Section 1313(b) of the amended code, the Department of Education may require a district or charter school to reimburse state funds disbursed for an employee who lacks required licensure, certification, or a permit, if the district intentionally retains the employee for more than 90 calendar days after initial hire. Reimbursement can be sought only for the period after the grace period ends and at least 30 days after the department properly notifies the employee and employer. Employers can appeal a reimbursement decision to the State Board of Education. The department may also seek reimbursement for employees working under an expired license if it notified the employee and employer before expiration. The department may not seek reimbursement if it caused a delay in issuing the credential. Districts cannot seek reimbursement from employees unless the employee intentionally provided false information or failed to provide required documentation.
In addition, vendors or contractors who knowingly assign uncredentialed personnel to schools may be reported to the Department of Finance, Division of Revenue for potential revocation of their business license.
Investigations that prompted the law
The legislation was prompted by several reports of credentialing gaps. An investigation by Delaware Online/The News Journal published April 22, 2025 found that more than 450 educators, about 4 percent of the state's public school teachers, were working with expired or missing licenses as of March 5, 2025. About 260 appeared to have never been licensed to teach at all, and nearly 160 were working with expired licenses.
The bill was also prompted by the case of John Arnold, a Brandywine School District trauma therapist who fabricated his credentials to get hired in 2021 and was charged with child sex abuse. Arnold pleaded no contest to two counts of second-degree rape and faces a minimum mandatory sentence of 20 years in prison.
A separate criminal case involved David L. Di Filippo, a Christina School District teacher at George V. Kirk Middle School charged with six felonies including sexual solicitation of a child. Di Filippo had been teaching on an expired license since November 2021. Secretary of Education Cindy Marten signed a temporary emergency suspension of his license after charges were filed.
The Delaware Auditor of Accounts released a special report on July 3, 2025, finding that as of June 25, 2025, 62 educators with Special Education Certificates were employed without proper licensing. Nine educators had no teaching license at all, and four of those were teaching Special Education classes. Those 62 teachers collectively worked approximately 26,289 calendar days without proper licensing.
Implementation details
The key enforcement sections of the law took effect on the earlier of one year from the date of enactment or notice by the Secretary of Education that final regulations had been adopted. The Professional Standards Board created six different permits for support personnel and consolidated more than 1,000 position codes to just over 300. In May 2026, the State Board of Education approved changes to two regulations affecting special education certification, adjusting PRAXIS testing expectations and smoothing the path for out-of-state reciprocity. The law also increases the maximum supplement for additional responsibility assignments from $1,500 to $5,000.
A one-time experience-based waiver is open for streamlined review until October 15, 2026. Eligibility is limited to teachers who hold an accredited bachelor's degree, were hired on or before September 1, 2025, meet applicable Delaware content knowledge requirements, demonstrate documented effectiveness through annual summative evaluations, and meet additional credentialing requirements for their assignment. After October 15, all documentation must be submitted.
Opposition and concerns
The Delaware Charter Schools Network opposed the bill. Executive Director Kendall Massett stated in May 2025 that the law creates new barriers for schools, districts, and charters trying to recruit and retain qualified educators and does not fully solve the problem it aims to address. Opponents argued the law would worsen the teacher shortage. The bill unanimously passed the Delaware Senate on June 26, 2025. The lead sponsor was Rep. Kim Williams, chair of the House Education Committee. Secretary of Education Cindy Marten stated the law empowers the state to impose financial penalties when licensure requirements are ignored or not followed.