Delaware HB 97 Teacher Permit Requirements

What HB 97 Changed

House Bill 97 established a straightforward rule for Delaware public schools effective in the 2025-2026 and 2026-2027 school years: no public school employee, contractor, or volunteer may work unsupervised with students unless they hold a valid permit or license issued by the DDOE or under Title 24.

Before HB 97, paraprofessionals, classroom aides, and student teachers could work alongside students without any state-issued credential as long as the school had them on payroll. That is no longer the case.

Who Needs a Permit

HB 97 created mandatory permit categories for several roles that previously operated without state credentials:

• Paraprofessionals — instructional aides who work directly with students in classroom settings
• Student teachers — candidates completing their clinical placement in a Delaware school
• Year-long residents — educators in extended residency programs
• Specialist interns — individuals completing internships for school counselor, psychologist, or related specialist certifications
• Classroom aides — support staff who have direct, unsupervised contact with students
• Substitute teachers serving 12 or more consecutive weeks in a single school assignment

The permit is issued through DEEDS. In most cases, the employing school district initiates the permit application on behalf of the employee or intern.

Who Is Exempt

HB 97 specifically exempts non-instructional support staff whose roles do not involve unsupervised student contact:

• Non-instructional administrators
• Nutrition and cafeteria staff
• Custodial workers
• Transportation personnel
• Clerical and office employees
• Substitute teachers serving fewer than 12 consecutive weeks in the same school

The 12-week threshold for substitutes is measured per school assignment, not cumulatively across a district. A substitute who works 10 weeks at one school and then 10 weeks at another does not trigger the permit requirement.

What Happens When Districts Do Not Comply

The enforcement mechanism under HB 97 is financial. If the DDOE determines that a district has allowed an employee to work directly with students without the required permit or license, the state is authorized to claw back funding from that district. This creates strong institutional incentive for HR departments to verify permit status before placing anyone in a student-facing role.

The Behavior Interventionist Paraeducator Permit

Alongside HB 97, amendments to 14 DE Admin. Code 1517 established a dedicated Behavior Intervention Paraeducator Permit. This credential has its own training requirements and assessment criteria, separate from the general paraprofessional permit. It applies specifically to paraprofessionals who work with students on behavior intervention plans.

Salary Supplement Increase

One provision that often gets overlooked: HB 97 also raised the maximum state supplement for educators who take on additional responsibility assignments that directly impact student achievement from $1,500 to $5,000 per year.

How Permits Fit Into the Broader Credential System

A permit is not a license. It does not qualify someone to serve as a teacher of record or to be placed on the professional salary scale. Permits exist to ensure that every adult with unsupervised student contact has cleared a minimum state vetting process.

For anyone working toward a full teaching credential, the permit is a stepping stone, not a destination. The Delaware Teacher Certification Guide covers the complete pathway from permit-level roles through Initial License and beyond.

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