14 Del. C. § 8505 — Delaware Code / Title 14 / Chapter 85 / Section 8505
§ Â
        8505. Application commitments.
Status: reserved

(a) Each application for a certificate of approval shall also contain the following commitments:

(1) To conduct the school in accordance with standards, rules and regulations from time to time established by the Department;

(2) To agree to provide a surety company bond for the protection of the contractual rights of students in such form and amount as will meet the approval of the Department and written by a company authorized to do business in this State. Such bonds shall be deposited with the Secretary of State. The amount of the surety bond shall be determined in accordance with subsection (b) of this section, except that in no case shall the surety bond of a business and trade school covered by this chapter be for less than $25,000 per calendar year;

(3) a. As a condition for granting certification, each school must maintain a cancellation and settlement policy which must provide a full refund of all moneys paid by a student if:

1. The student cancels the enrollment agreement or contract within 72 hours (until midnight of the 3rd day excluding Saturdays, Sundays and legal holidays) after the enrollment contract is signed by the prospective student;

2. The enrollment of the student was procured as the result of any misrepresentation in advertising, promotional materials of the school or representations by the owner or representative of the school.

b. As a condition for granting certification, each school must maintain a policy for the refund of the unused portion of tuition, fees and other charges in the event the student, after expiration of the 72-hour cancellation privilege, fails to enter the course, or withdraws or is discontinued therefrom at any time prior to completion, and such policy must provide:

1. Refunds for private business and trade school courses will be based on the period of enrollment computed on the basis of course time expressed in clock hours;

2. The effective date of the termination for refund purposes in private business and trade schools will be the earliest of the following:

A. The last date of attendance, if the student is terminated by the school;

B. The date of receipt of written notice from the student;

C. Ten school days following the last date of attendance;

3. If tuition is collected in advance of entrance, and if, after expiration of the 72-hour cancellation privilege, the student does not enter the private business and trade school, not more than $100 shall be retained by the school;

4. For the student who enters a private business and trade school course of not more than 12 months in length terminates or withdraws, the school may retain $100 of tuition and fees and the minimum refund of the remaining tuition will be:

A. After 0.01 percent enrollment time of the course, 80 percent of the remaining tuition;

B. After 5 percent to 9.9 percent enrollment time of the course, 70 percent of the remaining tuition;

C. After 10 percent to 14.9 percent enrollment time of the course, 60 percent of the remaining tuition;

D. After 15 percent to 24.9 percent enrollment time of the course, 55 percent of the remaining tuition;

E. After 25 percent to 49.9 percent enrollment time of the course, 30 percent of the remaining tuition;

F. After 50 percent or more enrollment time of the course, the student may be considered obligated for the full tuition;

Enrollment time is the time elapsed between the actual starting date and the date of the student’s last day of physical attendance in the school;

5. For private business and trade courses more than 12 months in length, the refund shall be applied to each 12-month period, or part thereof, separately;

6. Refunds of items of extra expense to the student, such as instructional supplies, books, student activities, laboratory fees and service charges, where these items are separately stated and shown in the data furnished the student before enrollment, will be made in a reasonable manner acceptable to the administrator;

7. Refunds based on enrollment in private business and trade schools will be totally consummated within 30 days after the effective date of termination;

8. Refunds for correspondence courses will be computed on the basis of the number of lessons in the course;

9. The effective date of the termination for refund purposes in correspondence courses will be the earliest of the following:

A. The date of notification to the student if the student is terminated;

B. The date of receipt of written notice from the student;

C. The end of the third calendar month following the month in which the student’s last lesson assignment was received unless notification has been received from the student that the student wishes to remain enrolled;

10. If tuition is collected before any lessons have been completed, and if, after expiration of the 72-hour cancellation privilege, the student fails to begin the course, not more than $50 shall be retained by the school;

11. In cases of termination or withdrawal after the student has begun the correspondence course, the school may retain $50 of tuition and fees, and the minimum refund policy must provide that the student will be refunded the pro rata portion of the remaining tuition fees and other charges that the number of lessons completed and serviced by the school bears to the total number of lessons in the course;

12. Refunds based on enrollment in correspondence schools will be totally consummated within 30 days after the effective date of termination.

c. In lieu of the refund policy herein set forth, for programs of instruction not regularly offered to the general public, the Department of Education may, for good cause shown, amend, modify, substitute and/or alter the terms of such policy due to the specialized nature and objective of the subject school’s course of instruction.

d. If a course of instruction is discontinued by the school and this prevents the student from completing the course, all tuition and fees paid are then due and refundable;

(4) Agree that within the 72-hour grace period reserved for cancellation as provided in paragraph (a)(3) of this section, the school will not discount any evidence of indebtedness given by a student applicant, or on an applicant’s behalf, or in any other way place such evidence of indebtedness into the hands of a holder in due course;

(5) To permit the Department to inspect the school or classes thereof from time to time; and to make available to the Department, at any time when required to do so, information pertaining to the activities of the school required for the administration of this chapter;

(6) That all advertising and solicitation will be free from misrepresentation, deception or fraud, and that no fraudulent or deceptive statements shall be made as to possible future employment opportunities or wage expectations.

(b) The amount of the surety bond required of a private business or trade school shall be determined as follows:

(1) The following private business and trade schools shall only be required to post a bond in the amount of $25,000:

a. Schools which only solicit students in the State and which do not receive any revenues for services provided within the State; and

b. Schools which do not receive revenue directly from their students for tuition or any other services. Revenue received by such schools cannot be generated by guaranteed student loans and/or state or federal student grants.

(2) All other private business and trade schools which operate in or from the State, or who render services to students within the State, shall provide a bond in an amount equal to the highest anticipated gross prepaid tuition for students enrolled on any given day in the calendar year for which a certificate of approval is requested. This amount shall include moneys paid by all students regardless of their state of residence.

(3) Surety bonds may only be cancelled during or at the end of any annual term by the bonding agency by giving 45 days’ prior notice in writing by certified mail, return receipt requested, to the Administrator, Private Business and Trade Schools, Vocational Division, State Department of Education, State of Delaware, P.O. Box 1402, Dover, Delaware 19903.
14 Del. C. § 6508 — Delaware Code / Title 14 / Chapter 65 / Section 6508
§ Â
        6508. Annual payment from State Treasurer.
Status: in_force

The State Treasurer shall pay annually to the treasurer of the University, 20 percent or one-fifth part of the sum of money which the State Treasurer shall receive annually by virtue of an act of Congress, entitled “An Act to Apply a Portion of the Proceeds of the Public Lands to the More Complete Endowment and Support of the Colleges for the Benefit of Agriculture and the Mechanic Arts, Established under the Provisions of an Act of Congress, Approved July 2, 1862,” being the Act of August 30, 1890, Chapter 841, 26 Stat. 417 [7 U.S.C. §§ 321-328].
14 Del. C. § 1326 — Delaware Code / Title 14 / Chapter 13 / Section 1326
§ Â
        1326. Salary schedule for substitute teachers.
Status: in_force

(a) Effective January 1, 2022, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $124 per day.

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $99 per day.

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $79 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

(b) Effective January 1, 2023, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $140 per day.

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $112 per day

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $89 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

(c) Effective January 1, 2024, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $158 per day.

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $126 per day.

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $100 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

(d) Effective January 1, 2025, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $179 per day

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $143 per day.

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $113 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.
14 Del. C. § 1716E — Delaware Code / Title 14 / Chapter 17 / Section 1716E
§ Â
        1716E. Mental health services unit and funding for grades K through 5.
Status: repealed

(a) “Mental health services unit” for funding purposes means:

(1) One unit for each 700 full time equivalent students in a school district or charter school, grades K through 5 for employment of full-time school psychologists or other mental health providers with experience in a school setting or experience providing direct services to school age children. Districts and charter schools shall qualify for funding for a fractional part of 700 full-time equivalent pupils enrolled in grades K through 5.

(2) In fiscal year 2022, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 400 full-time equivalent pupils enrolled in grades K through 5.

(3) In fiscal year 2023, 1 unit for each 325 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 325 full-time equivalent pupils enrolled in grades K through 5.

(4) Beginning in fiscal year 2024, 1 unit for each 250 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 250 full-time equivalent pupils enrolled in grades K through 5.

(b) Each pupil counted in establishing a unit for mental health services may be counted only once in a district or charter.

(c) For purposes of this section:

(1) “Mental health services” means prevention, response, and coordination services delivered to students in elementary school building.

(2) “Other mental health provider” means a mental health services provider licensed by the Board of Mental Health and Chemical Dependency.

(d) Except as set forth in subsection (f) of this section, funds appropriated by this unit shall be used for employment of full-time licensed mental health providers who hold the appropriate license as required by the Board of Mental Health and Chemical Dependency Professionals or school counselors, school social workers, or school psychologists that hold the appropriate licensure and certifications under Chapter 12 of this title.

(1) School counselors shall be required to provide services that are aligned with the American School Counselor Association (ASCA) National Model, including the provisions related to indirect and direct services as those terms are defined by ASCA.

(2) School social workers shall be required to provide services aligned to the National Association of School Social Work school social work standards.

(3) School psychologists shall be required to provide services aligned with the National Association of School Psychologists (NASP) Model for Comprehensive and Integrated School Psychological Services.

(e) [Repealed.]

(f) Funds appropriated in support of this unit shall be applied to the employment of a full-time certified, licensed school counselor, school social worker, licensed clinical social worker, school psychologist, or licensed mental health therapists. Districts may pursue contracting out school psychologists and other mental health providers with approval of their governing board until such time as school psychologists are no longer designated by the Department of Education as certification shortage area. Districts or charter schools must combine fractional units to fund additional full-time mental health services staff to the extent possible. Districts and charter schools may exercise a cash option consistent with the provisions of § 1716(g) of this title for any remaining fractional funding. Funds received under this provision must be used for the purchase of materials or services to be used in support of preventative and responsive mental health services herein authorized, and for no other purpose.

(g) To the extent possible, school districts should prioritize the hiring and placement of staff hired pursuant to this section in schools with the highest percentage of low-income students, English language learners and students with disabilities.

(h) By December 31, 2025, the Department of Education, in coordination with the General Assembly, shall develop a strategic plan to reasonably expand this unit into Delaware district preschools, middle schools, and high schools.

(i) The Department of Education shall promulgate rules and regulations to implement and enforce this section.
14 Del. C. § 3487 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3487
§ Â
        3487. The Program.
Status: in_force

(a) An account owner may establish an account by making an initial contribution to the Plan in the name of the designated beneficiary. Once a contribution is made it becomes part of the Plan and subject to this subchapter.

(b) Any person may make a contribution to an account once an account is opened. If the account owner is a trust, the trustee must consent to the contribution.

(c) Contributions to an account shall be made only in cash.

(d) Total contributions to all accounts shall not exceed those reasonably necessary, considering the return on contributions and the age and circumstances of the designated beneficiary, to provide for the qualified education expenses of the beneficiary. The Board shall establish maximum contribution limits applicable to Plan accounts and shall require such information from the account owner and the designated beneficiary to establish the limit as it relates to such account.

(e) Separate records and accounting shall be required by the Plan for each account and reports shall be made no less frequently than annually to the account owner and the designated beneficiary.

(f) In the case of an account owner which is a trust, the Board shall require such information from the account owner as is necessary to establish compliance with the Plan.
14 Del. C. § 122 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 122
§ Â
        122. Rules and regulations.
Status: repealed

(a) The Department shall adopt rules and regulations, consistent with the laws of this State, for the maintenance, administration and supervision throughout the State of a general and efficient system of free public schools in accordance with this title, including the rules and regulations specified in subsection (b) of this section. Such rules and regulations, when prescribed and published, shall not extend, modify or conflict with any law of this State or the reasonable implications thereof, and shall be binding throughout the State.

(b) The Department shall prescribe rules and regulations:

(1) Governing the hygienic, sanitary and protective construction of school buildings; the selection, arrangement and maintenance of school sites and grounds; and the condemnation, for school purposes, of public school buildings that do not conform to such rules and regulations;

(2) Governing the physical inspection of and the protection of the health and physical welfare of public school students in the State;

(3) Governing the issuance of certificates and diplomas for the public schools of the State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(4) Notwithstanding any other provision, rule, regulation or law to the contrary, determining the minimum number of core classes a student must take and pass each year in order to advance to a higher level; provided however, that the regulation shall, at a minimum, require students in first through eighth grades to pass at least 50% of all classes taken for credit, excluding physical education, and further provided that no student shall be passed to a higher grade level, without passing English/language arts or its equivalent each school year. These requirements shall be in addition to any limitations on grade level promotion or any other requirements imposed upon students pursuant to subchapter III of Chapter 1 of this title. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education.

(5) Determining the minimum courses of study for all public elementary schools and all public high schools of the State, including ensuring that all elementary school students have an opportunity to attend a school where all elementary school subjects, with the exception of foreign languages, are taught in the English language and requiring that all pupils of all public elementary schools and all public high schools of the State be instructed in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(6) Establishing recommended statewide uniform curricula for all public schools of the State. Teachers shall have a role in the curriculum alignment process. Districts shall provide evidence to the Department of Education of curriculum alignment within 12 months of the completion of the recommended curricula in each content area.

(7) Governing the attendance of teachers now employed and prospective teachers at the summer schools at the University of Delaware and Delaware State University, and, in cooperation with the Presidents of those institutions, determining the conditions by which such teachers and prospective teachers may receive from the State all or a part of the expenses incurred by such summer school attendance;

(8) Implementing the Delaware Higher Education Office’s purpose and responsibilities, governing postsecondary institutions that are not established according to Delaware law, and administering student assistance programs. Rules and regulations adopted pursuant to this subsection are subject to the approval of the State Board of Education;

(9) Determining the days on which the schools are closed by the authority of the local board for such reasons as storms, necessary repairs, quarantine, destruction of school property by fire, or other causes. Under the above conditions, a school employee shall suffer no loss of pay, and the total number of hours required by § 1049(a)(1) of this title may be adjusted accordingly. Any excusal of educational hour requirements set forth in § 1049(a)(1) shall be approved by the Secretary and the State Board of Education;

(10) Providing for the enforcement of school attendance laws of this State, controlling the necessary absence of pupils enrolled in the public schools, and determining the circumstances under which such absence shall be considered necessary. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(11) Requiring a uniform series of forms and blanks for the keeping and reporting of all financial accounts, the annual school budget and all educational records and providing a series of forms and blanks for the same; and determining a standardized format for district and charter school financial reports, which shall include, but not be limited to, the current budget with expenditures, encumbrances and remaining balances by budget component. District and charter school financial reports shall be posted monthly on the district or charter school website and shall be provided in writing upon request. Any reporting or posting shall be consistent with state law.

(12) Providing for the physical examination of students and for the mental examination of such students who have made no advancement in their studies for 3 successive years of regular attendance and ensuring the implementation of § 3122 of this title;

(13) Assuring the permanent maintenance for a period of not less than the number of years required by the Delaware Public Archives of the personnel records of all employees of all the school districts of the State, including those employees who terminate employment in the district. These records shall include, but not be limited to, all annual salaries and sick leave and vacation information;

(14) Providing for instruction in driver education during the summer months beyond the period usually designated as the school term. The Department shall, subject to approval by the State Board of Education, propose rules and regulations under this paragraph (b)(14). Such rules and regulations must provide for a comprehensive, quality program that, at a minimum, does all of the following:

a. Uses dual-controlled vehicles, adheres to procedures provided in § 2710(c) of Title 21, and requires that pupils demonstrate knowledge related to traffic stops by a law-enforcement officer under § 2713(e) of Title 21.

b. Makes the program available to any pupil who is a resident of the reorganized school district in which the program is offered or in which the program is offered in cooperation with other reorganized school districts, who has been enrolled in or is eligible for enrollment in the tenth grade or who is enrolled in grades 11 or 12, or who has reached that pupil’s own fifteenth birthday on or before July 15.

c. Assigns teachers on a ratio of 1 teacher for each 125 qualified pupils, or assigns 1/5 of a teacher for each 25 qualified pupils, unless these ratios are modified by other sections of this title enacted after July 1, 1967.

d. Provides instruction to qualified pupils without charge.

e. Requires driver education teachers be regularly certified to teach driver education.

f. Pays salaries to teachers assigned to the program in accordance with Chapter 13 of this title.

(15) [Repealed.]

(16) Requiring health and wellness educational programs for grades K through 12, emphasizing the health enhancement benefits of seat belt usage, exercise, proper nutrition, and the avoidance of unhealthy behaviors such as smoking and drug abuse. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. An advisory and resource committee comprised of the Secretary of Public Safety, the Secretary of Health and Social Services, and the Secretary of Education is hereby established to assist in the development of the program;

(17) Establishing mandatory drug and alcohol educational programs in each grade, kindergarten through grade 12, in each public school in this State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(18) Providing for the operation of adult education and family literacy programs including, but not limited to, adult basic education, literacy education, adult high school, prison education, apprenticeship programs and family literacy. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(19) Providing, in cooperation with the Family Services Cabinet Council, for the operation of state-supported early education preschool intervention and birth mandate programs that are authorized by this title and designed to enhance individual student readiness for public school, unless specific authority is vested elsewhere by this Code;

(20) Establishing and monitoring the enforcement, in cooperation with the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families, of standards for state-operated residential programs associated with state-operated educational programs that are authorized by this title;

(21) Establishing mandatory research-based fire safety education in grades kindergarten through grade 6 in each public school in this State as part of the appropriate subject area curriculum. Fire safety education may be taught by professional or volunteer firefighters. The education program shall be agreed upon jointly by the Secretary of Education and the Director of the State Fire School;

(22) Relating to public school teacher preparation, recruitment and retention. Regulations promulgated pursuant to this section shall provide that no individual, public or private educational association, corporation or institution, including any institution of post-secondary education, shall offer a course, or courses, for the training of school teachers to be licensed in this State without first having procured the assent of the Department for the offering of such courses;

(23) Requiring each reorganized school district and charter school to assess the physical fitness of each student at least once at the appropriate elementary school level (kindergarten through grade 5), the middle level (grade 6 through grade 8), and the high school level (grade 9 through grade 12), with the results to be provided to the parent, guardian or relative caregiver. Provided further, the fitness assessment shall be administered at common grade levels statewide;

(24) Defining eligibility for supportive instruction for school district and charter school students. Such regulations shall identify the licensed professionals authorized to certify eligibility for supportive instruction and provide that the certification of an advanced practice nurse, who is employed by or who has a collaborative agreement with a licensed physician, be accepted on the same basis as a physician certification. For purposes of this paragraph, “supportive instruction” means an alternative educational program provided in a home, hospital, or other setting for students temporarily unable to attend their school of enrollment on a full-time basis due to sudden illness, injury, accident, episodic flare up of a chronic condition, or other basis authorized by the Department of Education through regulation;

(25) Providing for the governance of any longitudinal data system or database, and governing the collection, use, maintenance, disclosure and sharing of educational records and the information contained therein. Rules and regulations promulgated pursuant to this subparagraph shall be developed in consultation and cooperation with the P-20 Council and Interagency Resource Management Committee (IRMC) and with the consent of the State Board of Education and shall comply with state and federal privacy and confidentiality laws, including, without limitation, the Family Educational Rights and Privacy Act [20 U.S.C. § 1232g], the Protection of Pupil Rights Amendment [20 U.S.C. § 1232h] and the Individuals with Disabilities Education Act [20 U.S.C. § 1401 et seq.] each as amended from time to time;

(26) Establishing, for purposes of student discipline, uniform definitions for student conduct which may result in alternative placement or expulsion, uniform due process procedures for alternative placement meetings and expulsion hearings, and uniform procedures for processing Attorney General’s reports. Such regulations shall apply to all districts and charter schools. This paragraph shall not be interpreted to restrict the ability of district and charter schools to determine which student conduct shall result in expulsion or an alternative placement;

(27) a. Implementing a 1-time fee of no more than $100 for all applicants for an educator’s first license in Delaware; provided, however, that the fee shall be reimbursed for any applicant who becomes employed as an educator in a Delaware public school. All moneys collected pursuant to this paragraph shall be deposited in the General Fund, with the exception of $90,000, which shall be retained annually by the Department in a special fund to be established for the sole purpose of reimbursing educators. Rules and regulations promulgated pursuant to this paragraph shall be subject to approval by the State Board of Education;

b. An applicant who meets the performance assessment requirement in subchapter II of Chapter 12 of this title and becomes employed in a Delaware public school will be reimbursed no less than $100. The reimbursements may be provided from funds collected under paragraph (b)(27)a. of this section; and

(28) Developing a process for districts and charter schools to annually identify any enrolled student who is a “military-connected youth.” For purposes of this section, a “military-connected youth” means having an immediate family member, including a parent, stepparent, sibling or any other person residing in the same household, who is on active duty in; serving in the reserve component; or recently retired from a “branch of the United States armed forces.” For purposes of this section, “branch of the United States armed forces” means all of the following:

a. United States Army.

b. United States Air Force.

c. United States Marine Corps.

d. United States Navy.

e. National Guard.

f. United States Coast Guard.

g. National Oceanic and Atmospheric Administration.

h. United States Public Health Service.

i. United States Space Force.

The identification of a “military-connected youth” shall not be used for purposes of determining school achievement, growth, or performance. Provided further, the identification of a “military-connected youth” is not a public record under Delaware’s Freedom of Information Act (Chapter 100 of Title 29) or any other law and shall not be made public by any person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education.

(29) Establishing mandatory instruction in age- and developmentally-appropriate social emotional learning and mental health content in all public schools no later than the 2023-2024 school year. Recommended high quality evidence-based or evidence-informed educational programming resources to be identified by the Department of Education in collaboration with, but not limited to, district and charter school educators, Department of Health and Social Services, Department of Services for Children, Youth and their Families, and National Alliance on Mental Illness Delaware (NAMI Delaware).

(30) Ensuring that the implementation of content standards is aligned to a culturally-responsive education with instruction that fosters academic achievement and cultural competence, intentionally acknowledges and values diversity of contributions and the experiences of all learners, and provides opportunities for individuals to see themselves and others in their learning, including by updating the Department’s current diversity regulation [14 DE Admin. Code § 220] to include a nonexhaustive list of racial, ethnic, and cultural groups and promoting the integration of their contributions into local K-12 curricula.

(31) Requiring all school districts and charter schools to utilize a single, uniform student information system, as contracted for by the Department of Education.

(c) The Department shall implement rules and regulations promulgated and adopted by the Professional Standards Board and State Board of Education pursuant to § 1203 of this title governing qualifications, licensure, and certification of educators in all public schools of this State.

(d) The Department of Education shall perform and issue a written educational impact analysis of any new proposed regulation and of any regulation that is proposed to be continued pursuant to the review required by subsection (e) of this section. Such educational impact analysis shall address the following criteria:

(1) Whether the proposed regulation or the regulation sought to be continued is justified because it will help improve student achievement as measured against state achievement standards;

(2) Whether the proposed regulation or the regulation sought to be continued is justified because it will help ensure that all students receive an equitable education, that their health and safety are adequately protected and that their legal rights are respected;

(3) Whether the proposed regulation or the regulation sought to be continued preserves the necessary authority and flexibility of decision makers at the local board and school level and does not place unnecessary reporting or administrative requirements or mandates upon them;

(4) Whether the proposed regulation or the regulation sought to be continued places decision making authority and accountability for addressing the subject to be regulated in the same entity;

(5) Whether the proposed regulation or the regulation sought to be continued is consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies;

(6) Whether there is a less burdensome method for addressing the purpose of the proposed regulation or the regulation sought to be continued; and

(7) The cost to the state and local school boards of compliance with the proposed regulation or the regulation sought to be continued.

(e) For the purpose of ensuring that all regulations are current, that unnecessary or unduly burdensome regulations are repealed or modified, and that more frequent comment from affected constituencies may be obtained, the Department of Education shall establish a process whereby each of its regulations in existence as of January 1, 1997, shall be subjected to review and readoption within the 4 years succeeding such date. Such review and readoption, or modification or repeal, shall be preceded by publication pursuant to Chapter 101 of Title 29. Any such regulation that the Department of Education readopts or readopts in modified form shall be accompanied by an educational impact analysis as required by subsection (d) of this section. Any regulation adopted by the Department of Education subsequent to January 1, 1997, shall be made effective for no more than 5 years and shall be subject to the review and readoption process set forth in this subsection.

(f) For the purpose of ensuring that state regulations do not impede innovation or the improvement of student achievement, the Department of Education in conformity with subsection (g) of this section may, upon application by a local board of education established pursuant to a provision of this title, waive any rule or regulation where:

(1) Such a waiver would further the accomplishment of state educational policies, particularly those state educational policies addressing student achievement in the core academic subjects of mathematics, science, language arts and social studies;

(2) Such a waiver would not impose undue administrative burdens upon the State or harm the State’s ability to ensure that public funds are properly expended and that applicable state and federal laws are followed; and

(3) The purpose of the regulation or rule to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule or regulation.

The school board of the district making such waiver request shall give notice of the consideration by notices posted in at least 10 public places in the district and on the door of every school in the district at least 20 days prior to the public meeting of the board of education at which the waiver request will be presented and discussed. The public shall be provided an opportunity to present comments concerning the waiver to be requested at a meeting of the local board following posting and preceding its formal adoption.

(g) For the purposes of ensuring that state regulations do not impede innovation or the improvement of student achievement, the local board may propose, upon application of a duly established school-based committee pursuant to a provision of this title or a school principal of a school without such a committee who demonstrates significant faculty support for the waiver application, that any state rule or regulation, subject to exemption in § 505 of this title be waived where it makes written findings that: (i) such a waiver would further the accomplishment of state and local educational policies, particularly those policies addressing student achievement in the core academic subjects of mathematics, science, language arts and social studies; (ii) such a waiver would not impose undue administrative burden upon the State or harm the State’s ability to ensure that public funds are properly expended and that applicable state and federal laws are followed; and (iii) the purpose of the regulation or rule to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule or regulation. The board of education of the district in which the waiver is requested shall give notice of the receipt of such waiver request as follows:

(1) By notices posted in at least 10 public places in the district and on the door of every school in the district at least 20 days prior to the public meeting of the board at which the proposed waiver request will be presented and discussed. The public shall be provided an opportunity to present comments concerning the requested waiver at a meeting of the local board following posting and prior to its formal proposal; and

(2) The board of education shall transmit its written findings pursuant to subsection (g) of this section supporting the proposed waiver to the Department of Education within 5 days thereafter. Within 20 days thereof, the Department of Education may schedule, upon 20 days public notice, a hearing to consider whether to approve the proposed waiver. Absent the scheduling of such a hearing within such time period, the proposed waiver shall be considered approved by the Department of Education and shall then become effective, subject to State Board denial pursuant to this subsection. If the Department of Education schedules a hearing to consider a proposed waiver, it shall issue its decision within 30 days of the hearing. The State Board shall be advised of any waiver of a regulation it must promulgate or approve, and may deny such waiver by action taken within 30 days or by the next regularly scheduled meeting, whichever is earlier, of the waiver’s approval by the Department.

(h) (1) Except as otherwise required by law, mandated by federal authority, or as determined by the Secretary to be an emergency situation requiring immediate action to protect public health or safety, no new or amended rule, regulation, or administrative procedure adopted by the Department which has a direct financial impact for the local school district, any school within a local school district or charter school, shall become effective for a local school district or any school within a local school district or charter school after the start of a fiscal year (July 1) unless the superintendent for that district or head of school for that charter school specifically approves such rule, regulation, or administrative procedure to be effective during that fiscal year.

(2) “Administrative procedure”, as used in this subsection, means any action that establishes a method, practice, program, or procedure to be followed by a school or local school district or charter school.
14 Del. C. § 8304 — Delaware Code / Title 14 / Chapter 83 / Section 8304
§ Â
        8304. Instructions for compliance.
Status: in_force

The State Department of Education shall prepare and circulate to each public or private educational institution in this State, a manual containing instructions and recommendations for the guidance of such institution in implementing the eye safety provision of this chapter.
14 Del. C. § 9141 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9141
§ Â
        9141. Replacement of lost, destroyed, or defaced bonds.
Status: in_force

(a) Upon written request of the owner of the unmatured bond, or the owner’s legal representative, successor, or assign, the Board may issue a new bond to replace an unmatured bond which has been lost, destroyed, or defaced if all of the following are provided:

(1) Proof of ownership of the unmatured bond.

(2) Proof of loss or destruction, or, in the case of a defaced bond, the bond and coupons, if any.

(3) Adequate security to indemnify the College and any bank at which the bond and coupons are payable against any loss that may be suffered on account of such replaced bond and coupons.

(4) Payment of the cost of preparation of the new bond and coupons, if any.

(b) Any new bond and coupons must be executed by the officials, including a member of the Board, in office at the time the new bond is issued and must bear the seal of the College. The coupons, if any, must be signed by the facsimile of the signatures of the appropriate officers. The new bond must include a statement in substantially the following form: “This bond has been reissued to replace a lost, destroyed, or defaced bond.”

(c) The new bond must be authorized by a resolution of the Board that must include a copy of the written request of the owner or the owner’s legal representative, successor, or assign and the designation, date, maturity, interest rate, denomination, and number of the new bond.
14 Del. C. § 8903 — Delaware Code / Title 14 / Chapter 89 / Section 8903
§ Â
        8903. Range of awards.
Status: in_force

(a) Those individuals who are chosen teacher of the year in their respective school buildings shall be nominated for the district teacher of the year award.

(b) Those individuals who are chosen teacher of the year for their respective school districts will be awarded $2,000.

(c) The individual who is chosen state teacher of the year shall be awarded $3,000 in addition to the district level award.
14 Del. C. § 3424 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3424
§ Â
        3424. Optometry scholarship loan awarded prior to July 1, 2022.
Status: repealed

(a) Purpose. — It is the intent of this program to encourage academically talented students to pursue careers as optometrists in Delaware. This program replaces the Optometric Institutional Aid Program, but does not change or limit the terms of contracts made to individuals under the provisions of the Optometric Institutional Aid Program.

(b) [Repealed.]

(c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment is the practice of optometry in the State.

(2) Loans will be forgiven at a rate of 1 year of employment for 1 year of loan.
14 Del. C. § 9218 — Delaware Code / Title 14 / Chapter 92 / Section 9218
§ Â
        9218. Termination of Authority.
Status: in_force

The Authority in its corporate existence shall continue until terminated by law but no law terminating its existence shall take effect as long as any bonds of the Authority are outstanding and unpaid without adequate provision for payment having been made. Upon termination of its existence, all rights, privileges and property of the Authority shall pass to and be vested in the State.
14 Del. C. § 1024 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1024
§ Â
        1024. Fiscal year.
Status: in_force

The fiscal year in each reorganized school district shall begin on July 1 and end on June 30 of the succeeding year.
14 Del. C. § 5115 — Delaware Code / Title 14 / Chapter 51 / Section 5115
§ Â
        5115. Authority to issue bonds.
Status: in_force

(a) The Board of Trustees may provide by resolution, from time to time, for the issuance in the name of the University of Delaware of revenue bonds of the University, for the purpose of paying all or any part of the costs, including financing costs and necessary reserves for debt service, maintenance and the like, of 1 or more income producing capital improvements, including constructing and equipping income producing buildings and facilities together with incidental acquisition of land therefor, landscaping, walks, drives and utility installations deemed necessary by said Board for the sound expansion and development of the University and for the purpose of refunding outstanding issues of such revenue bonds.

(b) The principal of such bonds shall be payable solely from University funds (other than state appropriated funds) specifically pledged in each case by said Board by resolution, and the adoption of such resolution shall fully perfect such pledge for all purposes. No part of the revenues or funds of the University from other sources shall in any manner be expended for the purpose of paying such principal and interest.

(c) The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable semiannually, shall mature at such time or times and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be fixed by the Board of Trustees prior to the issuance of the bonds. The principal and interest of such bonds may be made payable in any lawful medium. The Board of Trustees shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the State.

(d) The bonds shall be signed by the President of the Board of Trustees, or shall bear the facsimile signature of the President of the Board of Trustees, in which latter event such bonds shall be authenticated by the manual signature of an officer of a bank or trust company appointed by resolution of the Board of Trustees as fiscal agent in connection with the bond issue, and the seal of the University, or facsimile thereof, shall be affixed to the bonds and shall be attested by the Secretary of the Board of Trustees, which attestation may, if the bonds are authenticated as above provided, be by facsimile signature of the Secretary of the Board of Trustees; and any coupons attached to the bonds shall bear the facsimile signature of the President of the Board of Trustees. In case any officer whose signature or a facsimile thereof shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

(e) All revenue bonds issued under this chapter shall have, and are declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the law of this State.

(f) Such bonds and the income therefrom shall be exempt from all taxation by the State or by any political subdivision, agency or authority thereof.

(g) The bonds may be issued in coupon or in registered form or both as the Board of Trustees may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest, and for the reconversion of any bonds registered both as to principal and interest into coupon bonds.

(h) The Board of Trustees may sell such bonds either at public or private sale in such manner and for such price as it may determine to be for the best interests of the University.

(i) The proceeds of such bonds shall be used solely for the payment of the cost of the specified capital improvements and shall be disbursed in the same manner as other University funds. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be held for application to the payment of principal and interest of such bonds.

(j) Prior to the preparation of definitive bonds, the Board of Trustees may, under like restrictions, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Board of Trustees may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

(k) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this chapter.
14 Del. C. § 135 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 135
§ Â
        135. Purple Star Schools.
Status: in_force

(a) The Delaware Department of Education shall designate any school, including a district or charter school, as a Purple Star School if the school applies and qualifies for the designation under this section.

(b) To qualify as a Purple Star School, a school must:

(1) Designate a staff member as a military liaison, whose duties include:

a. Identifying military-connected students enrolled at the school.

b. Serving as the point of contact between the school and military-connected students and their families.

c. Determining appropriate school services available to military-connected students; and

d. Assisting in coordinating school programs relevant to military-connected students.

(2) Maintain on the school Internet website an easily accessible web page that includes resources for military-connected students and their families, including information regarding:

a. Relocation to, enrollment at, registration at, and transferring records to the school.

b. Academic planning, course sequences, and advanced classes available at the school.

c. Counseling and other support services available for military-connected students enrolled at the school;

(3) Maintain a transition program led by students, where appropriate, that assists military-connected students in transitioning into the school.

(4) Offer professional development for staff members on issues related to military-connected students.

(5) Offer at least 1 of the following initiatives:

a. A resolution showing support for military-connected students and their families.

b. Recognition of the Month of the Military Child or Military Family Month with relevant events hosted by the school.

c. A partnership with a local military installation that provides opportunities for active duty military members to volunteer at the school, speak at an assembly, or host a field trip.

d. Other incentives as identified through the Department of Education’s rules and regulations.

(c) The Department shall promulgate rules and regulations to administer this section.
14 Del. C. § 1210A — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1210A
§ Â
        1210A. Tier Two â Initial licensure [Transferred].
Status: in_force

Transferred to § 1210 of this title by 81 Del. Laws, c. 43, § 1, effective June 20, 2017.
14 Del. C. § 1325 — Delaware Code / Title 14 / Chapter 13 / Section 1325
§ Â
        1325. Sabbatical leave.
Status: in_force

Sabbatical leave may be granted to any properly certified professional employee under the following conditions and provisions:

(1) After 7 years of service as a fully certified professional employee defined as a teacher, nurse, supervisor, director, principal, superintendent, coordinator, psychologist and any other professional position in public education in this State, provided that at least 5 consecutive years of such service shall have been in the employ of the school board from which leave of absence is sought, unless such board in its discretion shall allow a shorter period of time;

(2) For purposes of professional improvement or for the recovery of health after prolonged illness;

(3) The period of leave shall not be shorter than 1/2 school term or longer than 1 full school term;

(4) While on leave the employee shall not be allowed to engage in full-time gainful employment, except by written agreement with the leave-granting board. However, this provision shall not preclude the employee from receiving grants such as scholarships, gifts, fellowships, part-time employment, or other grants of aid as frequently provided by colleges, universities, governmental agencies, corporations, trusts or other individuals to students or other persons engaged in study or travel for purposes of professional improvement;

(5) The professional employee shall agree in writing to return to service to the leave-granting board for a period of at least 1 full school year following the completion of the employee’s leave;

(6) Request for sabbatical leave shall be presented in writing to said leave-granting board at a regular meeting of such board before April 1 for leave to begin at the opening of the next term, and before November 1 for leave to begin at the opening of the second semester of the term;

(7) At the end of any such period of leave of absence the employee shall present evidence of that employee’s own professional improvement in such terms as shall have been agreed upon between said employee and said leave-granting board at the time when such leave was granted. Such evidence may consist of college transcripts, degrees earned or written reports by the recipient of the leave of absence;

(8) Said leave-granting board shall accept the employee into full-time employment upon that employee’s return from leave and assign the employee to the position from which that employee left or to a similar position. In no case may assignment be made so as to invalidate the employee’s certification status or to bring about a demotion in position or salary;

(9) For purposes of salary increments and pension eligibility and computation, a year of leave shall be considered a year of experience in covered employment under the provisions of local or state salary and pension programs, except that not more than 2 years of leave shall be applied toward salary increments and pension credits to any person. Failure of an employee to return to service of said leave-granting board shall be cause for forfeiture of salary increments and pension credits for the period of the leave.

(10) School boards may set a limit on the number of employees who may be granted leave each year, provided that, in any district having fewer than 20 professional employees, 1 eligible applicant may be granted leave each year;

(11) The leave-granting district shall provide to the employee granted leave, under paragraphs (1)-(10) of this section, compensation equal to 1/2 the salary to which the employee would have been entitled under full-time employment; provided, however, that in no case shall the compensation paid exceed $10,000 for a full school year leave or $5,000 for a 1/2 school year. The State shall continue to pay the state share of other employment costs as specified in § 6340 of Title 29 for the employee on sabbatical leave.

(12) Sabbatical leave authorized under this section, at state expense, shall be limited to 1 full year leave or 2 half-year leaves per local school district during a fiscal year. Nothing in this section, however, shall prevent a school district from granting additional sabbatical leaves if the district pays the salary and other employment costs for the employee who is on leave.
14 Del. C. § 1074 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1074
§ Â
        1074. Notice of election.
Status: in_force

(a) The Department of Elections conducting a public school election for the purpose of electing members to a board of education shall give notice of such election by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. Such notices shall plainly set forth the office or offices to be filled, the date, the time and the place or places of the election. The Department shall also post the notices on its website for 21 days prior to the election.

(b) School districts shall give notice of elections conducted in accordance with Chapters 19, 20 and 21 of this title by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. For elections conducted under the provisions of Chapter 19 of this title, such notices shall plainly set forth the amount to be raised, the proposed rate of taxation, the purpose or purposes for the proposed additional taxes, the date, the time and the place or places of the election. For elections conducted under the provisions of Chapters 20 and 21 of this title, such notices shall plainly set forth the amount of the bonds proposed to be issued, the purposes and reasons for the bond issuance, the amount of each annual tax increase that would be imposed as a result of the proposed bond issuance, the application of any gifts or any other money on hand which are not required by law to be used for some other purpose to any major capital improvement project or project for which the bonds may be issued, and the date, time and place or places of the election. The school district shall also post the notices of elections conducted under the provisions of Chapters 19, 20 and 21 of this title on its website for 21 days prior to the election. The department conducting the elections shall also post the notice on its website for 21 days prior to the election.

(c) The notices to be placed on each school building as required by subsections (a) and (b) of this section shall be posted on or near the front door of each school building in the school district in which an election is being held at least 21 days prior to the date of the election. The notices shall remain posted until the day following the election.

(d) In the case of an election for consolidation or division of a reorganized school district or districts, as the case may be, or for the changing of the boundaries of a reorganized school district, the notice of the election shall be by the Department of Elections in accordance with this chapter.

(e) At least 40 days prior to the date of an election to be conducted under Chapter 19, 20 or 21 of this title, school districts shall provide to the Department of Elections conducting the election a certified copy of the notice required by subsection (b) of this section and an affidavit signed by the Superintendent of the school district that the notice complies with the provisions of subsection (b) of this section. The Department of Elections shall determine whether the notice contains the information required by subsection (b) of this section and shall promptly notify the school district of any omission in the notice. If, at least 30 days before the date of the election, the school district has failed to cure any omission, the Department of Elections shall be authorized to cancel the election and such cancellation, if any, shall be effective upon written notice to the superintendent of the school district.
14 Del. C. § 1260 — Delaware Code / Title 14 / Chapter 12 / Subchapter VI / Section 1260
§ Â
        1260. Requirements for an alternative routes for teacher licensure and certification program.
Status: in_force

(a) Criteria is established for alternative routes for teacher licensure and certification programs, which are intended to provide essential knowledge and skills to participants in ARTC programs, through the following phases of training:

(1) A seminar and practicum that include all of the following:

a. Formal instruction or equivalent professional development required by an ARTC program established by regulation of the Department or law.

b. Introduction of basic teaching skills through supervised teaching experiences with students.

c. Components that are integrated and include an orientation to the policies, organization, and curriculum of the employing district or charter school.

d. 1. Assessment of the ARTC program participant’s ability to apply pedagogical skills to meet the needs of the participant’s students.

2. The Department shall create a committee of stakeholders including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations regarding the options for an ARTC program to assess the pedagogical skills of their participants.

(2) At least 200 hours of formal instruction, or equivalent professional development approved by the Department, is required to address subjects including, at a minimum, all of the following:

a. Curriculum.

b. Student development and learning at all levels.

c. The classroom and the school.

(b) A participant in an ARTC program may be granted hours for formal instruction or equivalent professional development successfully completed before entry into the program, or during the seminar and practicum.

(c) The Department shall promulgate rules and regulations to implement this section.
14 Del. C. § 2905 — Delaware Code / Title 14 / Chapter 29 / Section 2905
§ Â
        2905. Transportation of students of nonpublic, nonprofit elementary and high schools.
Status: in_force

The Department of Education shall make rules and regulations concerning the transportation of pupils in nonpublic, nonprofit elementary and secondary (high) schools in this State. Such rules and regulations shall provide for at least the following:

(1) All rules and regulations relative to pupil transportation to nonpublic, nonprofit schools shall be the same as those applicable to public schools;

(2) Such rules and regulations shall limit transportation of pupils in nonpublic, nonprofit schools to the elementary and secondary schools, except as provisions of this title may assign such transportation responsibility to the Department of Education on behalf of pupils enrolled at other levels in a public school system;

(3) Pupils enrolled in nonpublic, nonprofit schools shall only be entitled to transportation within the described boundaries of a public school district and not beyond those boundaries.
14 Del. C. § 1206 — Delaware Code / Title 14 / Chapter 12 / Subchapter I / Section 1206
§ Â
        1206. Composition and governance of the Professional Standards Board.
Status: in_force

(a) The Standards Board shall consist of 16 voting members as follows:

(1) Eight public school educators, no less than 2 from each county, with 1 being a special education teacher, 1 being an education specialist and at least 1 teacher each from the high school, middle school and elementary school levels. The 7 teachers and 1 education specialist must be selected from a list supplied by the Delaware State Education Association in accordance with subsection (c) of this section. Each teacher appointed to the Standards Board must have demonstrated excellence in that teacher’s own field by achieving honors or special recognition in that teacher’s field, including, but not limited to state, district or building level Teacher of the Year, National Board for Professional Teaching Standards certification, or the Presidential Award for Excellence.

(2) Four public school administrators, with at least 1 being from each county, selected from a list supplied by the Delaware Association of School Administrators in accordance with subsection (c) of this section.

(3) One member of a local school board selected from a list supplied by the Delaware State School Board Association in accordance with subsection (c) of this section.

(4) Two parents with children in public schools, from separate counties, selected from a list supplied by the Secretary of Education. The Secretary shall solicit nominations from groups such as the Delaware Congress of Parents and Teachers, the Delaware Parent Leadership Institute, and formal advisory councils in accordance with subsection (c) of this section.

(5) One representative of higher education selected from a list supplied by the Council of Presidents in accordance with subsection (c) of this section.

(b) The Governor, by and with the consent of a majority of the members elected to the Senate, shall appoint each voting member of the Standards Board for a term of 3 years, except that initial appointments are for the following terms: 5 members for an initial term that expires 2 years following the date of appointment; 5 members for an initial term that expires 3 years following the date of appointment; and 5 members, including the chair of the Standards Board, for an initial term that expires 4 years from the date of appointment. The Governor shall designate 1 voting educator member to serve, at the pleasure of the Governor, as chair of the Standards Board. The members of the Standards Board shall elect a vice chair. A member who misses 3 consecutive meetings without cause is presumed to have resigned from the Standards Board. A member of the Standards Board serves until that member’s successor is appointed or until the member resigns. A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaced. A Standards Board member is eligible for reappointment. If a disciplinary proceeding is initiated against a board member, the member may not participate in Standards Board business until the charge is adjudicated or the matter is otherwise concluded.

(c) With respect to appointments pursuant to subsection (a) of this section, the designated organization or person shall provide the Governor with a list of potential appointees 60 days prior to the expiration of a term or within 30 days after a vacancy of any term. The Governor may require that a specific number of potential appointees, up to 20, be included on any list submitted. The Governor may reject all potential appointees on the list and request up to 4 additional lists at the Governor’s own discretion. If the designated organization does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor’s own appointments for any vacancy.

(d) The Standards Board shall have the following standing committees in the following subject areas:

(1) Licensure and Certification Criteria; and

(2) Professional Development and Associated Compensation.

A standing committee must consist of at least 1 member of the Standards Board and other persons as may be mutually agreeable to the chair of the Standards Board and the Secretary.

(e) The majority of the voting members of the Standards Board shall appoint an executive director of the Standards Board. The executive director must have been a resident of Delaware for a minimum of 1 year immediately prior to the executive director’s appointment and must have at least 10 years’ experience as a professional educator in a public school system, with at least 5 years as a classroom teacher. The executive director acts as secretary to the Standards Board and receives compensation commensurate with the Department salary schedule. The executive director shall serve at the pleasure of the majority of the voting members of the Standards Board. The executive director is excluded from “classified service” and “state service” as defined in Chapter 59 of Title 29. The Department shall provide the Standards Board with access to Department personnel who are reasonably necessary to carry out the duties of the Standards Board.

(f) The Standards Board may create any committees that it deems necessary, provided that a committee created under this subsection does not overlap or otherwise make recommendations in the subject areas governed by the standing committees designated in subsection (d) of this section; and, further provided, that, prior to creating any such committee, the Standards Board shall first specify the tasks to be addressed by the committee and the time in which the committee is to complete those tasks. The chair of the Standards Board may appoint members of the Standards Board to such committees. The Standards Board may, by mutual agreement between its chair and the Secretary, appoint educators, parents, citizens and members of the business community to a committee created under this subsection.

(g) A majority of the current members of the Standards Board constitutes a quorum. No motion or resolution of the Standards Board may be adopted without the concurrence of the majority of the members of the Board plus at least 1 additional affirmative vote.

(h) A member of the Standards Board is entitled to receive $50 per meeting not to exceed $600 annually, and to be reimbursed for reasonable and necessary expenses incurred in connection with the performance of official duties. The Standards Board may hold 1 meeting per month during normal school hours, but any additional meetings in the same month shall not be held during normal school hours.

The provisions of subchapter III of Chapter 58, Title 29 shall not apply to members of the Standards Board who are employed by a public school district. Any Standards Board member employed by a public school district will be released from that member’s normal duty for the purpose of attending any regular monthly meeting of the Board which is scheduled during normal school hours as provided in this section, and such member shall receive that member’s normal salary from the member’s employer pursuant to the provisions of Chapter 13 of this title and any applicable collective bargaining agreement. Subject to the availability of appropriated funds, the Standards Board shall reimburse the member’s employing school district for such costs as the school district may incur in order to obtain the services of a substitute teacher to take the place of any teacher member of the Standards Board who is granted release time pursuant to this section. A member of the Standards Board who is granted release time pursuant to this section shall have that member’s compensation, as provided in the first paragraph in this section, proportionally reduced so that such member is not compensated twice for the time spent in meeting.

(i) Upon the request of the Secretary for advice or recommendations on matters within the purview of the Standards Board, the Standards Board shall respond to the request within a time frame that is mutually agreed upon between the Secretary and the chair of the Standards Board.

(j) The initial 15 voting members of the Standards Board must be appointed no later than 90 days after the enactment of this act.

(k) The Standards Board is subject to the provisions of the Administrative Procedures Act (Chapter 101 of Title 29).
14 Del. C. § 2116 — Delaware Code / Title 14 / Chapter 21 / Section 2116
§ Â
        2116. Taxing power of district.
Status: in_force

The authority to issue bonds shall be construed to be authority to provide funds for the payment of the interest and annual payments on such bonds, which without further authority shall be provided for by an additional tax levy on the property subject to taxation for county purposes in the district issuing the bonds.
14 Del. C. § 1412 — Delaware Code / Title 14 / Chapter 14 / Subchapter II / Section 1412
§ Â
        1412. Notice of termination.
Status: in_force

In the event that a teacher fails to request a hearing, as herein provided, the aforesaid notice of intent to terminate services shall be construed as a notice of termination.
14 Del. C. § 1053 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1053
§ Â
        1053. Oath of office of the school board member.
Status: in_force

(a) Each school board member shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation:

“I do solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Delaware, and the laws of Delaware governing public education, and that I will faithfully discharge the duties of the office of school board member according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm).”

(b) The oath or affirmation shall be administered by the president or vice-president of the school board of the school district or in the case of a newly constituted board by a person appointed by the Secretary of Education to administer said oath.
14 Del. C. § 3124 — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3124
§ Â
        3124. Private placement with financial aid.
Status: in_force

(a) Private placement with financial aid may be sought when an Individual Education Program (IEP) team finds that an eligible child with a disability cannot benefit from the regularly offered free appropriate public educational programs which include regular classes, special classes or special schools. The determination shall be made by the IEP team and by the Department of Education that no school district or other state agency has a suitable free and appropriate program of education for that particular child with a disability. Such private placement shall be in a school or institution approved by the Department of Education in keeping with its oversight responsibilities. Given the nature of these services, such placements shall be exempt from the requirements of Chapter 69 of Title 29.

(b) Before the Department of Education can authorize expenditures for new placements according to this section, the case must be reviewed by the Interagency Collaborative Team (ICT).

(1) The ICT shall consist of:

a. Division Director, Division of Prevention and Behavioral Health Services of the Department of Services for Children, Youth and Their Families (DSCYF);

b. Division Director, Family Services of DSCYF;

c. Division Director, Division of Youth Rehabilitation Services of DSCYF;

d. Division Director, Division of Developmental Disabilities Services of the Department of Health and Social Services (DHSS);

e. Division Director, Division of Substance Abuse and Mental Health of DHSS;

f. Director of the Office of Management and Budget or designee;

g. The Controller General or designee;

h. Director, Exceptional Children’s Group, Department of Education (DOE), who will serve as Chair; and

i. Associate Secretary, Curriculum and Instructional Improvement, DOE.

(2) A director assigned to the ICT may designate staff to represent the director on the ICT only if these designated representatives are empowered to act on behalf of the division director, including commitment of division resources for a full fiscal year.

(3) The ICT shall invite to its meetings:

a. A representative of a responsible school district for the case under consideration;

b. The parents of the child;

c. Other persons the team believes can contribute to their deliberations.

(4) The ICT shall:

a. Review existing assessments of new referrals;

b. Prescribe, if required, additional assessments for new referrals;

c. Review proposed treatment plans of new referrals;

d. Recommend alternatives for treatment plans of new referrals;

e. Coordinate interagency delivery of services;

f. Review, at least annually, current unique alternatives for the appropriateness of treatment plans and transition planning;

g. If appropriate, designate a primary case manager for the purpose of coordination of service agencies;

h. If appropriate, designate agencies to be involved in collaborative monitoring of individual cases.

(5) The ICT will ensure that state costs incurred as the result of a Team recommendation or assessment of a child currently funded from the Unique Alternatives appropriation will be covered from the existing appropriation. New referrals will be assessed in the interagency manner described above. The ICT shall accept and review cases initiated by other agencies, but in all cases the school district of residence must be involved in the review.

(6) Cases reviewed by the ICT will employ Unique Alternatives funding to cover state costs to the extent determined appropriate by the Interagency Collaborative Team. Other agencies may recognize a portion of the responsibility for the treatment of these children if determined appropriate by the Team. Cases involving individuals who are wards of the State shall be fully funded from Unique Alternatives funding. Funds may be transferred upon the approval of the Director of the Office of Management and Budget and the Controller General.

(7) The ICT shall report on its activities to the Governor, Director of the Office of Management and Budget, President Pro Tempore, Speaker of the House and the Controller General by February 15 of each year. The report shall address the status of items addressed in the previous February ICT Annual Report.

(c) Disputes concerning the private placement of a child are subject to the hearing procedures set forth in § 3135 of this title. Subject to the parties’ right to appeal, the decision of the hearing panel appointed by the Secretary of Education is final and binding on all parties and the State Board of Education.

(d) Financial aid shall include tuition for special education and related services as defined in the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1400, et seq.] to include daily transportation for a private day program and room and board for a residential program. Transportation for a residential program will include, at a minimum, transportation to and from the facility at the start and end of each school term and when the school is officially closed to students. Reimbursement for other trips home or for the parents’ travel costs to accompany the child or to attend conferences at the facility shall be determined on a case-by-case basis.

(e) The Department of Education is authorized to continue utilizing funds appropriated for this section to develop unique educational alternatives, in lieu of private placement, for children who have been found unable to benefit from the regularly offered free, appropriate public educational programs and students in present education programs within this State whose individual education plan requires services not presently available within the present unit funding system. Unique educational alternatives shall be defined and approved by the Department of Education and may include, but not be limited to, related and supportive services. Any placement made pursuant to this subsection shall be considered a special program placement and shall be eligible for inclusion in local school district tuition tax rate setting per § 604(c) of this title.
14 Del. C. § 3421A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3421A
§ Â
        3421A. Purpose.
Status: in_force

Under this subchapter, qualified, state-resident students with intellectual disabilities are eligible for grants to pay tuition at institutions of higher education in this State to pursue studies leading to a recognized credential. It is the intent and purpose of the General Assembly, through this subchapter, to help ensure that students with intellectual disabilities in this State have the same opportunities as their peers without disabilities to excel academically and pursue higher education regardless of financial circumstances. Therefore, payments under this program are grants, not loans.
14 Del. C. § 1329 — Delaware Code / Title 14 / Chapter 13 / Section 1329
§ Â
        1329. Employment contracts.
Status: in_force

(a) The Department of Education and the boards of education of the reorganized school districts may sign individual employment contracts involving state funds only with those professional employees whose base salary is that provided for in §§  1305, 1310 and 1336 of this title. The salary amounts in the contracts so authorized shall be for 1 fiscal year, provided that contracts for administrative personnel covered in subsection (b) of this section shall not be so limited.

(b) Nothing in this title shall be construed as prohibiting the board and any assistant principal, principal, supervisor, administrative assistant, director, assistant superintendent or superintendent from entering into an employment contract for a period of up to 5 years.

(c) Salary amounts in individual contracts provided for in subsection (a) or (b) of this section shall not be contracted for, agreed upon or effective prior to enactment of the Budget Appropriation Bill.
14 Del. C. § 173 — Delaware Code / Title 14 / Chapter 1 / Subchapter IV / Section 173
§ Â
        173. Data reporting violations.
Status: in_force

School districts and individuals shall not:

(1) Fail to report assessment scores, numbers of students administered the assessments any other data element required to be reported to the Department;

(2) Report incorrect or otherwise inaccurate assessment scores, numbers of students administered the assessments or any other data element required to be reported to the Department;

(3) Exclude a student from participation in the state assessment except in accordance with the regulations of the Department;

(4) Refuse to disclose to the Department information concerning a violation of the foregoing data reporting requirements; or

(5) Refuse to cooperate in the investigation of a suspected data reporting violation, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable.
14 Del. C. § 3302 — Delaware Code / Title 14 / Chapter 33 / Section 3302
§ Â
        3302. Vocational rehabilitation.
Status: in_force

There shall be a division of the Department of Labor which shall be responsible for the vocational rehabilitation and placement in remunerative employment of persons whose capacity to earn a living has been destroyed or impaired due to disability.
14 Del. C. § 7104 — Delaware Code / Title 14 / Chapter 71 / Section 7104
§ Â
        7104. Librarian and other employees.
Status: in_force

The district library commission shall select a librarian and other employees necessary for the proper conduct of the library. The district library commission may fix the compensation of its employees.
14 Del. C. § 5702 — Delaware Code / Title 14 / Chapter 57 / Section 5702
§ Â
        5702. Annual report.
Status: in_force

The University shall, annually, on or before February 1 in each year make up and distribute the reports required by paragraph 4 of § 5 of the Act of Congress of July 2, 1862, Chapter 130, 12 Stat. 504 [7 U.S.C. § 305].
14 Del. C. § 4108 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4108
§ Â
        4108. American Education Week.
Status: in_force

The Governor may issue a proclamation calling upon all teachers of schools to arrange special programs at some time during American Education Week and calling upon the people of the entire State to observe it in some fitting manner.
14 Del. C. § 4205 — Delaware Code / Title 14 / Chapter 42 / Section 4205
§ Â
        4205. Reporting requirements.
Status: in_force

(a) No later than 6 months after the establishment of the Center, the Center shall provide the Governor, the General Assembly, the Department of Education and the State Board of Education with the Center’s initial strategic plan. The strategic plan shall include suggested performance measures and shall identify with specificity a strategy to deploy educational technology to meet the duties set forth in § 4203 of this title.

(b) On or before September 1 of each year subsequent to 1995, the Center shall report to the Governor, the General Assembly, the Department of Education and the State Board of Education on its progress toward meeting the objectives set forth in its strategic plan, on any update to its strategic plan, on the status of any of its other activities and on the disbursement of moneys for the purposes specified in this chapter. Included in this report shall be plans for future activities, with a detailed implementation schedule, cost estimates and grant/contribution projections.

(c) The Center shall provide the Joint Finance Committee with reports from time to time regarding the Center’s activities and coordination with other state agencies and related organizations including, but not limited to, the Office of Information Systems, the Department of Education and local school districts. On or after 3 years from June 27, 1995, the Joint Finance Committee shall review the Center’s activities and progress in meeting the objectives of this chapter.
14 Del. C. § 1270 — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1270
§ Â
        1270. The Delaware Performance Appraisal System II.
Status: repealed

(a) An educator holding an initial license pursuant to § 1210 of this title must receive a Delaware Performance Appraisal System II (DPAS II) evaluation annually. An educator holding a continuing license pursuant to § 1211 of this title or an advanced license pursuant to § 1213 of this title must receive a Delaware Performance Appraisal System II (DPAS II) evaluation at least every 2 academic years. For purposes of this subchapter only, the term “educator” shall also include specialists who practice in Delaware public schools, whether or not they are licensed and certified by the Department. The evaluation must be consistent with the Delaware Professional Teaching Standards and the Delaware Administrators’ Standards, and must otherwise be in accordance with the criteria and requirements of this section.

(b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Performance Appraisal System II (DPAS II). The DPAS II must include an overall rating and a student-improvement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation. For the purposes of § 1273 of this title, DPAS II must also include a definition of “pattern of ineffective teaching” and define “pattern of ineffective administration” as it relates to unsatisfactory performance on the overall DPAS II evaluation.

(c) (1) DPAS II must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement. All components must be weighted equally beginning in the 2017-18 academic year.

(2) For all Part A and Part B goals, the educator, as well as the administrator, may propose measures to be used to provide data to judge progress towards the goals. The proposed measures must be approved by the administrator, and not result in additional assessments for students. With regard to Part B goals, the measures must be selected from a list of the standardized measures approved by the Department.

(3) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter.

(d) A local school district may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds.

(e) Nothing in this section prevents a local school district from administering other evaluations in addition to the Delaware Performance Appraisal System II, provided that administration of additional evaluations is reported to the Department.

(f) A local school district, vocational-technical school district or charter school may make application to the Department for a waiver of the provisions of the DPAS II evaluation system, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as DPAS II, provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control.

(g) The Department shall implement the Delaware Teacher Growth and Support System through a pilot program in no less than 3 local education agencies for the 2021-2022 academic year. During the 2022-2023 academic year, additional nonparticipating local education agencies may join the pilot program. The pilot program shall weigh all performance areas equally, shall incorporate professional growth plans for teachers, and shall meet the following requirements for each participating local education agency:

(1) Any such pilot program shall be conducted with the consent of the local education agency and organization representing the local education agency’s educators for collective bargaining purposes, if applicable.

(2) The performance area dedicated to student improvement shall contain a Part I and a Part II. Part I shall contain at least 1 individual professional learning goal created by the teacher and administrator that is focused on the continuous improvement of skills aligned to the Delaware Teacher Growth and Support System teacher observation rubric. Part II shall contain at least 2 individual student improvement goals selected by the teacher and administrator that demonstrate the teacher’s contribution to student growth for the teacher’s current cohort of students. If the teacher and administrator do not agree, the administrator’s decision is final. Each “Part II” goal shall be based upon a measure that has been approved by the Department. Measures may be created by a local education agency but must be approved by the Department prior to use. The administrator shall assess the progress toward goals, regardless of whether the teacher has satisfied the requirements of § 1403(a) of this title, is on a directed professional growth plan, or has a satisfactory rating on that teacher’s most recent performance evaluation.

(3) Notwithstanding any other provision of law, rule or regulation to the contrary, grades 3 through 8 and high school state assessments required under § 151 of this title shall not be required as a measure of student growth as part of a teacher’s evaluation.

(4) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter.

(5) a. Local education agencies that participated in the 2021-2022 school year pilot may continue to use the Delaware Teacher Growth and Support System during the 2022-2023 academic year. Evidence collected and feedback provided under this subsection shall be used as part of a teacher’s evaluation cycle and to assign an official summative rating for the 2022-2023 academic year. Any local education agency that participated in the 2021-2022 school year pilot that does not continue to use the Delaware Growth and Support System during the 2022-2023 school year shall apply to the Department for approval to revert back to the Delaware Performance Appraisal System II (DPAS II) or an approved alternate evaluation system.

b. Any such decision regarding continued use of the Delaware Teacher Growth and Support System during the 2022-2023 school year shall be made with the consent of the school district and organization representing the district’s educators for collective bargaining purposes. Approval granted under this subsection shall be for the 2022-2023 school year only.

c. For the 2022-2023 school year any local education agency that makes the decision not to continue with the Delaware Teacher Growth and Support System shall implement DPAS II or an approved alternate evaluation system in accordance with this section.

(6) Beginning with the 2023-2024 academic year, the Delaware Teacher Growth and Support System will replace the Delaware Performance Appraisal System II for all licensed and certified teachers.

(h) (1) Notwithstanding any provision of this section, the Delaware Performance Appraisal System II under this section is modified for the 2021-2022 and 2022-2023 academic school years. Educators must engage in an observation and feedback cycle to provide coaching, and support to encourage all of the following:

a. Relationship building.

b. Student engagement in learning.

c. Standards-aligned curriculum implementation.

(2) The observation and feedback cycle under paragraph (h)(1) of this section must include all of the following:

a. An initial goal setting process.

b. Classroom observation:

1. Experienced teachers shall receive a minimum of 1 announced or unannounced observation within the observation and feedback cycle.

2. Novice teachers shall receive a minimum of 2 announced or unannounced observations within the observation and feedback cycle.

c. An end-of-year conference between the educator and evaluator.

(3) The evaluator shall record feedback provided to an educator under this subsection in the Data Service Center platform and must include all of the following:

a. Component and Criterion level ratings as developed for the 2020-2021 school year and shared by the Department in a guidance document.

b. Any narrative language related to recommendations or commendations on the educator’s performance.

(4) The only forms that an educator must complete under this subsection are the following:

a. The goal setting form.

b. A verification form, created by the Department, to ensure that the educator’s observation and feedback cycle has been completed.

(5) Evidence collected and feedback provided during observations under this subsection may be used as part of the evaluation cycle and to assign a summative rating for the 2021-2022 and 2022-2023 academic years.

(6) [Repealed.]

(i) (1) The Department shall revise the student improvement component of evaluations under this section to ensure an evaluation system that is equitable, flexible, and focused on meaningful student progress. The revised measure of student improvement under this paragraph (i)(1) must take into consideration all of the following:

a. Student absence. If a student has missed more than 15% of the class time, that student’s performance may only be used with the agreement of the educator being evaluated under this chapter.

b. Student mobility.

c. Student chronic noncompliance with school rules.

d. A parent’s chronic failure to abide by the Parents’ Declaration of Responsibilities.

e. Other factors that the Department identifies that may adversely affect an evaluation.

(2) For purposes of this subsection, “school” means a school district or charter school.

(3) The Department shall implement a pilot program for the revised student improvement component under paragraph (i)(1) of this section as follows:

a. At least 3 schools for the 2025-2026 academic year.

b. At least 6 additional schools for the 2026-2027 academic year.

c. This pilot program must be conducted with the consent of all of the following:

1. Each participating school.

2. If applicable, the organization representing the participating school’s educators for collective bargaining purposes.

d. This pilot program must include teachers, specialists, and administrators and focus on refining the goal-setting process, ensuring alignment with professional growth and increasing flexibility in student improvement measures.

e. All participants in this pilot program must receive summative evaluations but the student improvement component will not factor into overall ratings for participating educators or schools.

(4) Beginning with the 2027-2028 academic year, the Department shall implement the revised student improvement component under paragraph (i)(1) of this section statewide for all licensed and certified educators.
14 Del. C. § 4163 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4163
§ Â
        4163. Child abuse and child safety awareness, prevention, detection, and reporting [For applicability of section, see 83 Del. Laws, c. 407, Â 2; 85 Del. Laws, c. 223, Â 3].
Status: repealed

(a) [Repealed.]

(b) Educational programming. —

The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families shall identify and maintain educational programming to be used by each school district and charter school for informing school district and charter school employees, students, and parents about personal body safety and child abuse and about how to detect and report child abuse. The Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families, in collaboration with the Department of Education, must review the educational programming and trainings required under this subsection every 3 years, at a minimum, and update the educational programming and trainings as needed to be relevant to Delaware students and conform with best practices. The educational programming must include all of the following:

(1) Training and education for school district and charter school employees that is evidence-based, whenever available, in order to raise awareness of issues regarding personal body safety, child abuse, child safety, sexual extortion, and adult sexual misconduct in schools. The training and education must include all of the following:

a. Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct.

b. Techniques for responding when child abuse is suspected or disclosed.

c. Skills and policies to prevent inappropriate sexual misconduct.

d. Skills and policies to establish appropriate adult and student interactions.

e. Warning signs of inappropriate interactions with students by school employees, contractors, coaches, or volunteers.

f. Mandatory reporting requirements under § 903 of Title 16.

g. Applicable state and federal civil and criminal laws and penalties for violations of such laws.

(2) a. Evidence-based, whenever available, age-appropriate instruction for students enrolled in grades pre-kindergarten through 12 that is related to personal body safety, sexual abuse, other forms of child abuse, and sexual extortion. The instruction must include information on the difference between appropriate and inappropriate conduct and the actions that a child may take to be protected from sexual abuse and other forms of child abuse. The instruction must be designed to build on skills learned the previous year.

b. The instruction about sexual extortion must include age-appropriate instruction on the dangers and consequences of sexual extortion and resources for online safety.

(3) Information for parents of students enrolled in grades pre-kindergarten through 12, online or in-person upon request, on all of the following:

a. Warning signs indicating that a child may be a victim of child abuse, including sexual abuse and adult sexual misconduct.

b. Effective, age-appropriate methods for discussing personal body safety and child abuse, including sexual abuse and adult sexual misconduct.

c. Resources for reporting suspected child abuse, including sexual abuse and adult sexual misconduct.

d. Counseling and other resources available to a child who has been the victim of child abuse, including sexual abuse and adult sexual misconduct.

e. Warning signs of adult sexual misconduct, including the derivative grooming of parents.

f. Counseling and other resources available to parents.

g. Effective, age-appropriate ways to discuss sexual extortion.

h. Warning signs that a child may be a victim of sexual extortion.

(4) Each school district and charter school shall require a school administrator, school nurse, or school counselor to receive training in addition to the requirements set forth in paragraph (b)(1) of this section. The training and education must be evidence-based, whenever available, and must include all of the following:

a. Strategies for the prevention of misconduct and compliance with policies concerning the prevention of misconduct.

b. Strategies for the establishment of appropriate adult and student interactions by school employees, contractors, coaches, and volunteers.

c. Skills for responding to student disclosures of adult sexual misconduct, with an emphasis on disclosures that involve sexual grooming.

d. Coordination with law enforcement and Title IX coordinators for any suspected violation of applicable policies or civil or criminal law, including the crime of “sexual extortion” as defined in § 774 of Title 11.

e. Measures to promote school recovery after an incident of adult sexual misconduct.

f. Obligations under district and charter school policies and state and federal law, including mandatory reporting requirements under § 903 of Title 16.

g. Skills for interviewing and completing reference checks on potential employees.

(c) Role of the Department of Education. —

The Department of Education shall provide technical expertise to assist the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families in their identification of educational programming under subsection (b) of this section and the Department of Education shall make a list of the approved educational programing available to each school district and charter school.

(d) Implementation of training program. —

Each school district and charter school shall implement the educational programming provided under subsection (b) of this section as follows:

(1) The educational programing provided under paragraph (b)(1) of this section must be provided to all of its employees as required by § 4162 of this title.

(2) The educational programing provided under paragraph (b)(2) of this section must be provided to all students enrolled in grades pre-kindergarten through 6 through health education programs or related classes.

(3) The educational programing provided under paragraph (b)(3) of this section must be provided to parents of students enrolled in grades pre-kindergarten through 6 through written materials, available online through the school district’s or charter school’s website or in hard copy upon a request by parents, on an annual basis and may be provided through live presentations.

(e) Notification of parents. —

Prior to providing any instruction under paragraph (d)(2) of this section, each school district and charter school shall inform the parent of any student enrolled in grades pre-kindergarten through 6 in writing that the parent may examine and review the educational materials before the materials are taught.

(f) Accountability. —

(1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programing provided under subsection (b) of this section. Each school district and charter school shall provide the name and contact information for the individual designated under this subsection to the Department of Education no later than November 15 of each year.

(2) Each individual designated under paragraph (f)(1) of this section shall report to the Department of Education no later than November 15 of each year how the educational programming has been implemented by that individual’s school district or charter school.

(3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (b) of this section and how the curriculum has been implemented by each school district and charter school under subsection (d) of this section.

(g) (1) Each school in a school district and each charter school shall post, in a conspicuous location where notices to students are customarily posted, the number for the toll-free telephone report line for child abuse and neglect as established under § 905 of Title 16. The posting must be made in English and Spanish and must be made in a format and language that is clear, simple, and understandable to students.

(2) There is no private right of action for a violation of this subsection.

(h) Short title. —

This section shall be known and may be cited as “Erin’s Law.”

(i) Nothing in this section shall be construed to limit reporting obligations under Chapter 9 of Title 16.
14 Del. C. § 501 — Delaware Code / Title 14 / Chapter 5 / Section 501
§ Â
        501. Legislative intent.
Status: in_force

The purpose of this chapter is to create an alternative to traditional public schools operated by school districts and improve public education overall by establishing a system of independent “charter” schools throughout the State.

To that end, this chapter offers members of the community a charter to organize and run independent public schools, free of most state and school district rules and regulations governing public education, as long as they meet the requirements of this chapter, and particularly the obligation to meet measurable standards of student performance. Schools established under this chapter shall be known as “charter schools.”

This chapter is intended to improve student learning; encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community.

There shall be no limit to the number of charter schools that may be established in the State; provided, however, that no more than 5 such schools may be established to operate in the 1996-1997 school year, and that no more than 5 additional charter schools may be established to operate in the 1997-1998 school year, and that no more than 5 additional charter schools may be established to operate in the 1998-1999 school years. If for any school year more charters are awarded than are permitted to operate by this section, the Department of Education shall hold a lottery to decide which charters are permitted to operate in such school year and charter applicants who lose such lottery shall be given a right of refusal for a charter for the subsequent school year.
14 Del. C. § 3507 — Delaware Code / Title 14 / Chapter 35 / Section 3507
§ Â
        3507. School attendance requirements for employed children.
Status: in_force

All minors under the age of 16 years must attend an all-day school, as that term is used in this title, or be legally employed. Every parent, guardian or other person having custody and control of a child between the ages of 12 and 16, who has been granted a certificate to leave school to engage in a legal employment shall cause such a child to attend a part-time school or class for a period the equivalent of at least 4 hours each week for at least 36 weeks in each year while so employed. When such minor is temporarily unemployed, the hours of attendance upon such part-time school or class shall be at least 20 hours per week.
14 Del. C. § 1009 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1009
§ Â
        1009. Transfer of property.
Status: in_force

During the period beginning on the date that an interim board is organized pursuant to § 1007 of this title and ending on the date set by the State Board of Education for the establishment of a new district, any school district being divided shall take the steps necessary to transfer and convey all property that, as determined by the State Board of Education, naturally belongs to the reorganized district and shall make and execute such deed or deeds of conveyance as are necessary to pass to the reorganized district the legal title to all such property, provided that the State Board of Education shall make no determination contrary to § 1028(f) of this title. For purposes of this section, the property upon which a vocational-technical center or school is located and the property constituting such vocational-technical center or school shall be deemed to belong to the vocational-technical school board in the county in which the vocational-technical center or school is located. The transfers herein required shall be concluded not later than 90 calendar days after the establishment of the new reorganized school district.
14 Del. C. § 3417A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3417A
§ Â
        3417A. Grant balance.
Status: in_force

(a) (1) A student who completes a bachelor’s degree before the end of the applicable eligibility period has a remaining Inspire grant balance.

(2) The remaining Inspire grant balance equals the amount of the Inspire grant for each semester of the student’s eligibility period after the student receives their bachelor’s degree.

(b) A student may use the remaining Inspire grant balance to pay tuition for graduate degree program tuition at Delaware State University.

(c) A student is eligible for the Inspire Scholarship Program under subsection (b) this section for 10 years after completing a bachelor’s degree if the student meets all of the requirements under § 3412A and § 3414A of this title, except as follows:

(1) The student does not need to be enrolled on a full-time basis.

(2) The student does not need to maintain continuous enrollment.
14 Del. C. § 407 — Delaware Code / Title 14 / Chapter 4 / Section 407
§ Â
        407. Duration of enrollment in receiving district [For application of this section, see 83 Del. Laws, c. 316, Â 3].
Status: in_force

(a) (1) A pupil accepted for enrollment in a school or program pursuant to this chapter shall be entitled to remain enrolled therein until graduation from the school or completion of the program provided that the pupil continues to meet the requirements for such school or program, provided however, that upon the concurrence of the boards of both the district of residence and the receiving district, a pupil’s right to remain enrolled may be terminated prior to graduation from or completion of the program where such termination is based upon the pupil’s

a. Failure to continue to comply with the receiving district’s requirements for attending school or class, or

b. Multiple violations of, or one or more serious violations of, the receiving district’s student code of conduct.

(2) A pupil accepted for enrollment in a school or program pursuant to this chapter shall remain enrolled therein for a minimum of 2 years unless, during that 2-year period, 1 of the following occurs:

a. A pupil graduates from the school or completes the program;

b. The pupil’s parent or parents cease to be residents of the pupil’s original district of residence;

c. At the conclusion of any academic year during such 2-year period, the pupil ceases to meet the academic requirements for such school or program;

d. If daycare was indicated on the relevant choice application as a reason for seeking enrollment, or if daycare was a reason for granting priority to consideration of or granting of the relevant choice application, or the provider of daycare services to the pupil ceases doing business or relocates to a location so distant from the original location as to render the original combination of daycare and choice enrollment no longer reasonably practicable for the pupil or the parent or parents of such pupil; or

e. The board of the district of residence, the board of the receiving district, and the parent or parents of the pupil agree for any reason to terminate such enrollment;

f. The provisions of paragraphs (a)(2)a. through (a)(2)e. of this section shall apply unless the receiving district, at its sole discretion, agrees to maintain a child in a choice placement. Due to the unique educational and developmental needs of primary age children, on a case by case basis, districts may grant exceptions to allow students in grades kindergarten through grade 3 to remain in school choice even if they fail to meet required educational standards;

g. The pupil’s parents or guardians wish to terminate the agreement due to a set of circumstances consistent with the definition of “good cause” defined in § 402 of this title.

(b) Notwithstanding the provisions of subsection (a) of this section, a parent may apply to terminate that parent’s own child’s enrollment in the receiving district prior to the expiration of the minimum period established in subsection (a) of this section by submitting a written application, on a form provided by the Department of Education, to the child’s then-existing district of enrollment no later than December 1 for enrollment during the following school year.

(c) If a parent of a child fails to file an application by the deadline of December 1 and good cause exists for the failure to meet the deadline, the child’s then-existing district of enrollment shall accept and consider the application in the same manner as if the deadline had been met.

(d) The parent of a child may withdraw the application at any time prior to action on the application by the board of the child’s then-existing district of enrollment.

(e) Within 10 working days of receiving an application to withdraw, the child’s then-existing district of enrollment shall transmit a notice to the district of residence that it has received the application.

(f) The board of the child’s then-existing district of enrollment shall take action to approve or disapprove the application no later than December 15 of the school year preceding enrollment.

(g) The board of the receiving district shall transmit a notice of the board’s action to the parent of the child and to the board of the district of residence within 5 working days after board action.

(h) The action of a board in a child’s then-existing district of enrollment to accept an application to terminate enrollment pursuant to this section shall be final; however, nothing in this subsection shall prohibit a board in its sole discretion from conditioning its approval of termination pursuant to this section upon acceptance of the child into another district or program pursuant to an application submitted in accordance with chapter.

(i) Unless accepted for enrollment in a school or program in another district pursuant to this chapter, a child whose enrollment in a receiving district concludes or terminates pursuant to this section shall automatically be re-enrolled in the child’s district of residence for the ensuing school year. Any such student shall be enrolled by the district of residence according to the feeder pattern in which the child’s parent resides unless, pursuant to the provisions of § 405(b) of this title, all available space has been filled by returning students, in which case the student shall apply and be considered for enrollment in any other school in the district of residence in which there is space available in accordance with the provisions of this chapter.
14 Del. C. § 4145 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4145
§ Â
        4145. Evidence-based reading curricula.
Status: in_force

(a) (1) The Department of Education (Department) shall maintain a list of evidence-based, reading instruction curricula for grades kindergarten through 3 in school districts and charter schools. A curriculum on this list must meet all of the following requirements:

a. Align with evidence-based reading instruction in the essential components of reading based on science of reading research, as listed under § 1280(c)(3) of this title.

b. Include a logical scope and sequence that is sequential, systematic, and cumulative.

c. Include or support the use of high-quality instructional materials.

(2) The Department shall maintain all of the following on the Department website:

a. The current list of curricula under paragraph (a)(1) of this section.

b. The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1) of this section.

(3) a. The Department shall provide a process through which school districts and charter schools can submit an application for Department approval of an alternative curriculum that meets the requirements under paragraph (a)(2)b. of this section.

b. The Department shall add curricula approved under paragraph (a)(3)a. of this section to the list under paragraph (a)(2)a. of this section.

(b) If a school district or charter school serves students in 1 or more of the grades kindergarten through 3, the school district or charter school must do all of the following before the beginning of the 2027-2028 school year:

(1) For students served in grades kindergarten through 3, adopt a reading instruction curriculum from the list under subsection (a) of this section.

(2) Approve competency-based professional development for educators providing reading instruction. This professional development must be completed during the contractual day and must be high-quality professional learning aligned with the essential components of evidence-based reading instruction, including any of the following:

a. Professional learning associated with the curriculum adopted under paragraph (b)(1) of this section.

b. Attainment of microcredentials.

(3) Identify an individual responsible for assisting each school with the implementation of the curricula adopted under paragraph (b)(1) of this section.

(4) Demonstrate that all educators responsible for reading instruction or coaching have completed approved professional development under paragraph (b)(2) of this section, including all educators identified or certified as any of the following:

a. Elementary teacher.

b. School reading specialist.

c. Reading interventionist.

d. Special education teacher of students with disabilities.

e. The individual identified, under paragraph (b)(3) of this section.

f. Literacy coach.

g. A literacy cadre position.

(c) Beginning October 31, 2023, each school district and charter school shall annually report all of the following to the Department for the Department’s annual report:

(1) The curricula adopted under this section.

(2) The individuals identified under paragraph (b)(3) of this section and each individual’s responsibilities for approving and providing professional development required under paragraphs (b)(2) and (b)(4) of this section.

(3) How the school district or charter school will ensure that educators have access to and have successfully completed the professional development required under paragraph (b)(4) of this section.

(d) (1) Beginning December 31, 2023, the Department shall produce an annual report that provides all of the following:

a. A list of the curricula adopted under subsection (a) of this section and the number of schools that have adopted each curriculum listed.

b. The number of educators who have received each type of professional development provided under paragraph (b)(2) of this section.

c. The percentage of the educators required to receive professional development under paragraph (b)(4) of this section that have successfully completed that professional development.

(2) The report required under paragraph (d)(1) of this section may be consolidated with the report required under § 158 of this title and submitted as a single report.

(3) The Department shall send the report required under this subsection to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the members of the House and Senate Education Committees, the Governor, State Board of Education, P-20 Council, Professional Standards Board, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.
14 Del. C. § 204 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 204
§ Â
        204. Kindergartens and playgrounds and other schools.
Status: repealed

Repealed by 71 Del. Laws, c. 180, § 17, effective July 31, 1997.
14 Del. C. § 3418 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3418
§ Â
        3418. Repayment and forgiveness of incentive loans awarded prior to July 1, 2022.
Status: in_force

(a) The Office shall determine payment amounts, length of repayment period, and the rate and type of interest to accrue on awards, within the limitations specified in this chapter.

(b) The Office shall communicate the terms of repayment and interest accrual to the recipient and secure a promissory note from the recipient attesting to the recipient’s agreement to such terms at the time the award is made.

(c) Repayment or forgiveness will commence following completion of the program of study and a grace period not to exceed 12 months, or immediately after the student discontinues full-time enrollment or discontinues the specified program of study.

(d) If after 12 months following graduation the recipient is engaged in qualifying employment, no repayment of award principal or interest will be required. The recipient’s awards will be forgiven in accordance with the service repayment ratios specified in this chapter and in the order in which they were made.

(e) If during the period of service repayment, the recipient terminates qualifying employment, the recipient will be required to commence repayment of the awards or portions thereof which have not been forgiven at the time qualifying employment was terminated.

(f) If after 12 months following graduation the recipient is not engaged in qualifying employment, the recipient shall be obligated to make monthly payments until the amount of the award and interest on the award from the date of disbursement is paid in full.

(g) If during the period of cash repayment the recipient begins qualifying employment, payments will be deferred and the service repayment ratio specified in this chapter will be applied. Under no circumstances will payments already made by the recipient be reimbursed as a result of obtaining qualifying employment.

(h) The Office may, in its discretion, grant deferments from repayment in cases of economic hardship, inability to secure qualifying employment, severe or prolonged illness, or other circumstances that can be documented to the satisfaction of the Office. Such deferments will be limited to periods not to exceed 1 year and only 1 deferment may be granted. The length and terms of a deferment shall be communicated in writing to the recipient.

(i) The Office may grant a deferment of repayment obligations of up to 1 year to students who have a compelling reason to interrupt coursework temporarily. Students must submit a written request for deferment and provide such documentation as the Office deems necessary. Interest on the loan will continue to accrue during deferment periods.

(j) A recipient’s repayment obligation may be forgiven if the Office determines that the recipient is unable to meet repayment obligations because of permanent disability or death. The Office may require such documentation as it deems necessary to verify claims or disability or death, including but not limited to a sworn affidavit from a qualified physician or a death certificate.
14 Del. C. § 3412A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3412A
§ Â
        3412A. Eligibility.
Status: in_force

(a) To be eligible to participate in the Inspire Scholarship program and to qualify for a grant towards tuition assistance by the State pursuant to this subchapter students shall meet all of the following:

(1) A student who satisfies the state residency requirements set forth in the institution’s residency policy shall be eligible for such grant if that student is enrolled on a full-time, degree-seeking basis or is a student with a disability seeking a degree through the institution’s academic accommodation policy.

(2) The student shall not have been convicted of any felony and the student’s parent, legal guardian, or relative caregiver shall certify such fact.

(3) A student shall have applied for all appropriate forms of financial aid for which the student is eligible including, but not limited to, the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Commission, and financial aid programs administered by Delaware State University, and shall have accepted all such financial assistance offered or awarded to the student, except for loans.

(4) A student shall have graduated from a Delaware public or nonpublic high school with a minimum cumulative average of either 80% or higher on a 100-point scale or a grade point average (G.P.A.) of 2.75 or higher on a 4.0 scale as indicated on the student’s official high school transcript. For purposes of this subchapter, a student who does not meet the qualifying criteria may request the institution recalculate the point percentage or G.P.A. based on the student’s official high school transcript and the following conversion table:

For purposes of this conversion chart, the numerical value assigned to a letter grade shall be the lowest value in the numerical scale.

(5) A student shall have satisfied admission standards as determined by Delaware State University.

(6) A student shall be admitted and attend classes at the institution no later than the fall semester immediately after the student’s graduation from high school.

(7) The institution shall create and implement its own equivalency standards for paragraphs (a)(4) and (6) of this section in establishing eligibility of Delaware home schooled students for grants under the Inspire Scholarship Program.

(b) Notwithstanding other provisions in this subchapter, for those individuals who have lived in foster care under the jurisdiction of the Department of Services for Children and Their Families at any point in time between the ages of 16 and 18, whether placed within Delaware or outside Delaware, the provisions of paragraphs (a)(4) and (6) of this section, and § 3414A(a)(1) and (c) of this title do not apply. Any individual qualifying under this subsection shall make steady academic progress toward a bachelor’s degree and shall not be eligible to receive grants if:

(1) The individual does not begin his or her higher education before age 25; or

(2) The individual takes longer than 6 years to attain a bachelor’s degree.
14 Del. C. § 2400 — Delaware Code / Title 14 / Chapter 24 / Section 2400
§ Â
        2400. Purpose.
Status: in_force

The Secretary of Education will maintain a Prison Education Program which will provide educational services for the Department of Correction.
14 Del. C. § 3453 — Delaware Code / Title 14 / Chapter 34 / Subchapter VI / Section 3453
§ Â
        3453. Vested rights.
Status: in_force

Any person found to be qualified for the benefits of this subchapter as the child of a deceased or missing veteran shall not be divested of the benefits upon the return of the veteran who was a prisoner of war, missing in action or mistakenly listed as deceased.
14 Del. C. § 9006A — Delaware Code / Title 14 / Chapter 90A / Section 9006A
§ Â
        9006A. Annual report.
Status: in_force

(a) By July 1 of each year, an academic institution is required to make a report to the Department of Justice detailing the following information for the prior academic year:

(1) Certify its compliance with the training requirements of this section. The certification shall include information on training participation rates for faculty, staff, and students, as well as information regarding the format and length of training for each group.

(2) Total number of reports of sexual assault made to the academic institution’s Title IX coordinator. The report shall include aggregate data regarding the nature of the assault, the outcomes of any investigation, and any penalties enforced by the school against the perpetrator of a sexual assault where the assault was found substantiated.

(3) Where the academic institution has law-enforcement officers or public-safety officials of its own, that campus law-enforcement agency shall provide the aggregated data of the number and nature of alleged sexual assault reports they received.

(b) By July 1 of each year, the Statistical Analysis Center shall submit to the Department of Justice a report on the outcome or status of complaints of violations of §§   767-773 of Title 11 where the alleged victim or the alleged perpetrator, or both, is a student of an academic institution and whether the alleged offense occurred on campus at an academic institution. The report shall cover the previous academic year. The Statistical Analysis Center may work with the Delaware Criminal Justice Information System to create a mechanism for police reports of such complaints to indicate whether the alleged victim or the alleged perpetrator, or both, is a student of an academic institution and whether the alleged offense occurred on campus at an academic institution as defined in this section.

(c) (1) By September 15 of each year, the Department of Justice shall furnish to the Governor and the General Assembly all the information provided by each academic institution in subsection (a) of this section and the statistical information reported by the Statistical Analysis Center under subsection (b) of this section. This report shall be considered a public record and shall be posted on the Department of Justice website, along with reports from the previous 5 years.

(2) In addition to the current year’s data, each report created under this subsection must include the aggregate data collected under this section from the previous 5 years so that data trends are easily identified. The report must also include the rate of change for the number of sexual assaults reported each year.

(d) No reports under this section shall contain any personally identifiable information relating to the alleged victims or perpetrators of a sexual assault.
14 Del. C. § 7106 — Delaware Code / Title 14 / Chapter 71 / Section 7106
§ Â
        7106. Reports.
Status: in_force

(a) The district library commission shall make a detailed report to the county library advisory board annually of all its receipts and expenditures, and of all the property of the district in its care and custody, including a statement of any unexpended balance of money and of any bequests or donations in behalf of the district, and of any sum or sums received from the county or other governmental unit, with such recommendations as are deemed desirable.

(b) The district library commission shall also make such reports as may be requested by other governmental units.
14 Del. C. § 1715 — Delaware Code / Title 14 / Chapter 17 / Section 1715
§ Â
        1715. Unit of pupils for kindergartens.
Status: repealed

Repealed by 64 Del. Laws, c. 315, § 5, effective July 1, 1984.
14 Del. C. § 3480 — Delaware Code / Title 14 / Chapter 34 / Subchapter XI / Section 3480
§ Â
        3480. Education benefits [For application of this section, see 85 Del. Laws, c. 103, Â 2].
Status: repealed

(a) Any active member of a federally recognized unit of the Delaware National Guard (“member”) who meets the requirements for satisfactory membership, as defined by the Adjutant General of the Delaware National Guard, is eligible for financial assistance from the Delaware National Guard for certain postsecondary education tuition and fees under the following conditions:

(1) The member must first apply for and utilize all other reasonably available tuition assistance programs, including scholarships, grants, and civilian employer education benefit programs.

(2) The member must apply to the Adjutant General for education benefits provided under this section before starting a class or course of instruction, according to a schedule announced by the Adjutant General.

(3) Education benefits authorized by this section may be used only for attendance at a postsecondary institution either financially supported by this State or, if private, located in this State. Subject to any tuition assistance a member receives after applying under paragraph (a)(1) of this section, education benefits authorized by this section are as follows:

a. If a member chooses to attend a state-supported postsecondary institution, the total amount of tuition and fees must be paid up to the in-state resident rate. A state-supported postsecondary institution shall charge a member the in-state rate for tuition and fees and shall treat the member as an in-state applicant or student regardless of the member’s state of residence.

b. If a member chooses to attend a Delaware private postsecondary institution, the amount of tuition and fees paid must be equal to the average tuition and fees of the state-supported postsecondary institutions that offer the class or course of instruction, based on the in-state resident rate.

(4) Each class or course of instruction taken by a member must be one that is required by the postsecondary institution for the award of a specific certificate or of a specific associate degree, bachelor’s degree, or master’s degree.

(5) The per-member education benefits granted under this section are limited to only 1 certificate or degree program at each level of study, namely, a certificate program, an associate degree, bachelor’s degree, or master’s degree.

(6) A member may be enrolled in a certificate or degree program full-time or part-time.

(7) A member may not receive education benefits under this section more than 15 years after the date on which the member begins the first course for which education benefits are granted. But if a member is called to active duty or to an activation that requires the member to discontinue that member’s education benefits, the 15-year limit may be extended by the amount of time the member serves on that active duty or activation.

(8) The education benefits program established by this section is subject to the limits of the total funding appropriated by the General Assembly and approved by the Governor for the program.

(b) To receive education benefits authorized by this section, a member must do all of the following:

(1) Agree to serve in a satisfactory manner for a period of not less than 6 years in the Delaware National Guard. The 6-year requirement may include service time before, during, and after the member receives education benefits under this section.

(2) Maintain a cumulative grade point average of 2.0 or higher on a 4.0 scale, or its equivalent. If a member fails to maintain a cumulative grade point average of 2.0 or higher, the member may not receive further education benefits under this section until the member raises the member’s cumulative grade point average to meet the minimum required under this paragraph (b)(2).

(3) Before the start date of a class or a course of instruction, the member shall give to the Adjutant General, or the Adjutant General’s designee, all of the following:

a. A completed application for the education benefits provided under this section.

b. If applicable, the member’s most recent transcript from a postsecondary institution.

c., d. [Repealed.]

(c) The Adjutant General shall appoint a board to adopt rules and regulations and to provide forms as is necessary and proper for the efficient administration of this section.

(d) (1) Upon approval by the Adjutant General, and subject to the availability of appropriated funds, the Delaware National Guard shall provide education benefits authorized by this section from funds appropriated to the Delaware National Guard in the annual Budget Appropriations Act, or in amendments to the annual Budget Appropriations Act, for that purpose. If the total education benefits applied for under this section exceed the appropriated funds, education benefits for master’s degree must be reduced prior to any reductions to members applying for education benefits to obtain a certificate, an associate degree, or a bachelor’s degree.

(2) Within 60 days after receiving a member’s bill for tuition and fees, the Delaware National Guard shall disburse the financial assistance authorized by this section directly to a postsecondary institution on behalf of the member.

(e) A member who receives education benefits under this section but who does not fulfill the service commitment required by paragraph (b)(1) of this section, who is terminated from the Delaware National Guard for cause, or who otherwise fails to comply with any requirement of this section is immediately ineligible to receive education benefits under this section and shall repay the Delaware National Guard for all education benefits the member previously received, including interest, on a pro rata basis from the time of termination or noncompliance. The Adjutant General shall determine the amount the member must repay under this subsection.

(f) If a member is terminated from the Delaware National Guard other than for cause, the member is not required to repay education benefits the member received under this section.

(g) A member may not receive education benefits not disbursed under paragraph (d)(2) of this section prior to termination, for any reason, of membership in the Delaware National Guard.

(h) The Adjutant General shall report annually to the General Assembly all of the following:

(1) The number of members who participated at each Delaware postsecondary institution during the fiscal year.

(2) The total amount of tuition and fees paid under this section during the fiscal year.

(3) The total amount required to be repaid to the Delaware National Guard by defaulting members during the fiscal year.

(4) The total amount of moneys actually repaid by defaulting members during the fiscal year.
14 Del. C. § 4118 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4118
§ Â
        4118. Parents as Teachers Program.
Status: in_force

(a) The General Assembly finds and declares as follows:

(1) The home environment and parental attitudes about the value of education can have a significant effect on a child’s ability or desire to learn.

(2) A well-substantiated body of research on how children learn and grow clearly indicates that a child’s most productive and influential years of learning occur before the age of 5.

(3) Experts in child development generally agree that 50 percent of intelligence, and the great majority of language skills, are developed by age 4, and that these, along with the establishment of curiosity and social skills, lay the foundation for all further learning.

(4) Failure in the early years to develop adequately in these areas has been shown to lead directly to underachievement and failure in the elementary grades and beyond.

(5) Most of the children headed for academic difficulty at age 6 and beyond are, by age 3, already significantly behind their peers.

(6) The potential dropout often comes from a home in which well-intentioned but untrained parents have not gained, or do not use effectively, their personal resources to adequately nurture in their child the intellectual and social skills required for success in the early grades.

(7) Parents are the first and most influential teachers in their child’s life and a free developmental resource for their child.

(8) Neither public nor private institutions are systematically providing a meaningful number of Delaware parents with research-based, up-to-date instructions in giving their children the best possible beginning.

(9) Delaware’s current Parents as Teachers Program was first initiated approximately 15 years ago by Joe Cobb, an elementary school principal and long-time Delaware educator, who recognized such in-home early education efforts as investments in our children’s futures.

(10) The family is the proper and most influential first educational delivery system for the child.

(11) Evidence exists that a child’s early experiences can significantly enhance or inhibit development and learning. It is both educationally sound and most cost-effective for schools to work cooperatively with the home during the crucial first years.

(12) High quality parenting can be one of this country’s greatest national resources. It is a learned skill that can be improved for the benefit of the individual family and for our society.

(b) The Parents as Teachers Program is hereby established under the auspices of the Department of Education and shall be coordinated through 1 or more local school boards. The Department of Education shall establish programs to train parents as teachers. The Program shall address the educational needs of targeted parents of children and shall contain the following elements:

(1) The use of individuals who are professionally trained in child development and parenting.

(2) The provision by participating school systems of instruction in child development and parenting, on a voluntary enrollment basis, to targeted parents of children from infancy through age 3. The Program shall be provided in homes and other appropriate community settings in a cost-effective, accessible and convenient manner.

(3) The Program shall include all of the following:

a. Timely and practical information and guidance on development in language, cognitive and social skills.

b. Instruction in the effective use of community parenting resources, including developmental and medical screening and, as needed, early intervention for children through the first 3 years of life, contingent on the availability of resources and the level of voluntary parental participation.

c. Regular visits to the home of each participating parent, as part of that course of instruction by 1 or more of the qualified educators administering the course.

d. Services shall be focused and targeted, to the extent possible, to parents of at-risk children.

e. Coordination, where appropriate, with other programs in other state agencies, which serve this population.

(c) At least every 3 years, the Department of Education shall solicit proposals and shall select participants for the Program. The request for proposals shall require participants to demonstrate all of the following:

(1) Ability to provide training for the Parents as Teachers Program.

(2) Evidence of significant local support for the project from school system administrators and local school boards and local parent and children advocacy organizations.

(3) Evidence that services will be provided to a racially, culturally, geographically and economically diverse targeted population.

(d) The Department of Education shall evaluate proposals to insure that the development of parenting skills provided by the program increases:

(1) Intellectual and language development.

(2) Knowledge level of child development and child rearing practices by parents.

(3) Positive feelings about the usefulness of the Program.

(4) Positive attitudes toward the school system.

(e) The Department of Education shall require applicants selected for the grant program, as a condition for the receipt of grant proceeds, to participate in in-service training programs.

(f) The implementation of the Parents as Teachers Program shall be subject to specific annual appropriation in the annual appropriations act.
14 Del. C. § 8213 — Delaware Code / Title 14 / Chapter 82 / Subchapter II / Section 8213
§ Â
        8213. Interstate Agreement.
Status: in_force

ARTICLE I PURPOSE, FINDINGS AND POLICY

(A) The States party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the States party to it, and to authorize specific interstate educational personnel contracts to achieve that end.

(B) The party States find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this agreement can increase the availability of educational resources.

ARTICLE II DEFINITIONS

As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

1. “Educational personnel” means persons who must meet requirements pursuant to State law as a condition of employment in educational programs.

2. “Designated State Officials” means the education official of a State selected to negotiate and enter into, on behalf of such official’s State, contracts pursuant to this Agreement.

3. “Accept,” or any variant thereof, means to recognize and give effect to 1 or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State.

4. “State” means a State, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

5. “Originating State” means a State (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III of this Agreement.

6. “Receiving State” means a State (and the subdivisions thereof) which accepts educational personnel in accordance with the terms of a contract made pursuant to Article III of this Agreement.

ARTICLE III INTERSTATE EDUCATIONAL PERSONNEL CONTRACTS

A. The designated State official of a party State may make 1 or more contracts on behalf of such official’s State with 1 or more other party States providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the States, and the subdivisions of those States, whose designated state officials enter into it with the same force and effect as if incorporated in this Agreement. A designated State official may enter into a contract pursuant to this Article only with States in which such official finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical, to that prevailing in the official’s own State.

B. Any such contract shall provide for:

1. Its duration.

2. The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State.

3. Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.

4. Any other necessary matters.

C. No contract made pursuant to this Agreement shall be for a term longer than 5 years but any such contract may be renewed for like or lesser periods.

D. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving State of any persons qualified because of successful completion of a program prior to January 1, 1954.

E. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving State.

F. A contract committee composed of the designated State officials of the contracting States or their representatives shall keep the contract under continuous review, study means of improving its administration, and report at least once a year to the heads of the appropriate education agencies of the contracting States.

ARTICLE IV APPROVED AND ACCEPTED PROGRAMS

A. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party State relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that State.

B. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

ARTICLE V INTERSTATE COOPERATION

The party States agree that:

1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.

2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

ARTICLE VI AGREEMENT EVALUATION

The designated State officials of any party States may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes.

ARTICLE VII OTHER ARRANGEMENTS

Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel.

ARTICLE VIII EFFECT AND WITHDRAWAL

A. This Agreement shall become effective when enacted into law by 2 States. Thereafter it shall become effective as to any State upon its enactment of this Agreement.

B. Any party State may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States.

C. No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

ARTICLE IX CONSTRUCTION AND SEVERABILITY

This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any State or of the United States, or the application thereof to any Government, agency, person or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any Government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any State participating therein, the Agreement shall remain in full force and effect as to the State affected as to all severable matters.
14 Del. C. § 3454 — Delaware Code / Title 14 / Chapter 34 / Subchapter VI / Section 3454
§ Â
        3454. Eligible institutions.
Status: in_force

Benefits authorized in this subchapter may be utilized for attendance at:

(1) An institution financially supported by the State;

(2) If the desired major or training is not available in such an institution, then at a private institution in Delaware;

(3) If there is no institution in Delaware offering such major or training, at a public or private institution in another state; or

(4) If an eligible student chooses to attend an institution out of the sequence described herein, the value of the benefit will be reduced as described in this subchapter.
14 Del. C. § 156 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 156
§ Â
        156. Department of Education accountability for academic performance.
Status: in_force

(a) An effectively functioning Department of Education should serve as a critical support structure for the entire Public Education system. In order to meet this challenge, the Department shall fully implement its leadership and service missions by committing itself to high standards of quality assurance and quality management practices. In order to ensure that the Department will remain focused on the principles of continuous quality improvement and client service and that it will do so in accordance with recognized national and/or international standards, the Secretary shall commission an independent entity to conduct and publish an annual customer satisfaction report to determine the level of satisfaction among education constituencies dependent on Department of Education services and policies. Such survey shall seek the views of local school boards, school administrators, teachers, parent organizations, the business community and other relevant constituencies. To further improve the performance of the Department of Education, the Secretary shall pursue the active involvement of the business community in reviewing management practices in the Department, such as the Department’s success in deregulation, the quality of Department’s strategic plan and the Department’s success in meeting its strategic objectives, and the quality and cost-effectiveness of the technical assistance provided by the Department to local school districts. The report shall be submitted to the Governor 45 days before public distribution so that the Governor may take appropriate action based on its recommendations.

(b) The Department shall provide each school and school district high-quality diagnostic data analyzing the specific strengths and weaknesses of student performance within the school district, which is both user-friendly and timely in accordance with the timelines specific in this subchapter for the commencement of school and district improvement activities.

(c) Beginning in the year 2001, the Secretary of Education shall submit to the Governor and the General Assembly each year an annual education outcome report. The report must be based on the unit count taken in September of the school year immediately preceding the annual reporting date and must contain the following information:

(1) The number of students enrolled in twelfth grade, based on the September unit count;

(2) The number of those students still enrolled at the close of the school year who receive a high school diploma and the type of diploma received;

(3) The number of those students still enrolled at the close of the school year who complete twelfth grade, but do not receive a high school diploma;

(4) The number of those students who, by the close of the school year, have dropped out of school; and

(5) The number of those students who, by the close of the school year, transferred to other schools.

(d) Each year the Secretary shall conduct a graduate follow-up study of students who completed the twelfth grade during the preceding school year to determine the educational and employment status of each student. The survey shall request information regarding the postsecondary education enrollment status and the employment status of students and shall, at a minimum, include the following questions:

(1) a. Is the student presently enrolled in a postsecondary educational institution of any type?

b. Is the student enrolled full-time or part-time?

c. What is the student’s major area of study?

d. What is the name of the institution in which the student is enrolled?

(2) a. Is the student presently employed?

b. Is the student employed full-time or part-time?

c. The name and address of the student’s employer?

d. In what industry is the student employed?

e. What position does the student hold?

f. What is the student’s hourly/weekly/annual salary?

(3) What is the student’s perception of the value of that student’s own secondary education in terms of preparation for postsecondary education or employment?

(e) For the purpose of performing a comparative longitudinal analysis of the information collected for an annual educational outcome report, the Secretary shall compile similar information about students who graduated in 1998 and 1999, and shall use the 1998 information as the basis for all comparisons. The goal of educational outcome accountability is to decrease the 2.9% 1998 Delaware public school dropout rate for grade 12, as published in the Department of Education report entitled Delaware Dropouts, 1997-1998 Summary Statistics, December 1998.

(f) Nothing in this section prohibits the Department of Education from conducting a more comprehensive survey and/or evaluation for the annual educational outcome report.
14 Del. C. § 2734 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2734
§ Â
        2734. Disposition and accounting of fines.
Status: in_force

The fines provided for by § 2729 of this title shall, when collected, be paid over by the officers collecting the same to the treasurer of the board of education of a reorganized school district according to the residence of the person convicted, to be accounted for by such treasurer or by the Department of Education as other moneys raised for school purposes.
14 Del. C. § 1703 — Delaware Code / Title 14 / Chapter 17 / Section 1703
§ Â
        1703. Unit of pupils.
Status: in_force

(a) As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title:

(1) Preschool Basic Special Education — 8.4

(2) K-3 Regular Education — 16.2

(3) 4-12 Regular Education — 20

(4) K-12 Basic Special Education (Basic) — 8.4

(5) Pre-K-12 Intensive Special Education (Intensive) — 6

(6) Pre-K-12 Complex Special Education (Complex) — 2.6

(b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction.

(c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for full-day kindergarten.

(d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool basic special education unit shall be 1 unit for 8.4 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for kindergarten through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22, whichever occurs first, as defined in Chapter 31 of this title.

(1) Preschool basic special education unit. — a. A student shall be counted in the preschool basic special education unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit and is:

1. Eligible for special education and related services from birth; or

2. At least 3 years of age; or

3. Eligible as described in the Memorandum of Understanding on Early Childhood Transition with the Department of Health and Social Services; or

4. Not yet entered kindergarten.

b. The following provisions shall apply to the preschool basic special education unit:

1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. Districts must use all funds generated by preschool basic special education unit to support services for the students counted in the preschool basic special education unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title.

5. Districts may use tuition to pay for the local share and excess costs of special education and related services.

6. The units are considered teacher/instructional units for purposes of other unit counts.

7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool unit.

(2) K-3 regular education unit. — a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit, intensive unit or complex unit described later in this section.

b. The following provisions shall apply to the K-3 regular education unit:

1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts.

(3) 4-12 regular education unit. — a. A student shall be counted in the grades 4-12 unit if the student is enrolled in grades 4 through 12 and not identified as eligible for special education and related services.

1. Partial unit funding is provided for between 1 and 20 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. The units are considered teacher/instructional units for purposes of other unit counts.

(4) K-12 basic special education (basic). — a. A student shall be counted in the basic unit if the student is enrolled in kindergarten through grade 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit under paragraph (d)(6) of this section.

b. The following provisions shall apply to the K-12 basic special education (“basic”) unit:

1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. A student is not required to receive a minimum number of hours of instruction to count as a student in the basic unit.

6. The units are considered teacher/instructional units for purposes of other unit counts.

7. All units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers.

8. Districts are authorized to use up to 5% of the units for para-professionals or to cash them in for related services.

(5) Pre-K-12 intensive special education (intensive). — a. A student shall be counted in the intensive unit if the student is:

1. Enrolled in preschool through grade 12; and

2. Identified as a student eligible for special education; and

3. In need of a moderate level of instructional, behavioral, personal support, or health support characterized individually or in combination by the following:

A. Need for adult-student ratio of 1:3 to 1:8 for a substantial portion of educational program;

B. Need for staff support for mid-range or moderate-use assistive technology;

C. Need for some extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services;

D. Need for moderate level of related services, including interpreter, therapy, and school nurse and health services;

E. Need for nonroutine or frequent accommodations or adaptations to curriculum or educational environment; and

F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation.

b. The following provisions shall apply to the pre-K-12 intensive special education (“intensive”) unit:

1. Partial unit funding is provided for between 1 and 6 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. 100% of the units must support the students that generate them.

5. The student is not required to receive a minimum number of hours of special education instruction to count as a student in the intensive unit.

6. The units are considered teacher/instructional units for purposes of other unit counts.

7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers.

8. Units may also be used to cash-in for other related services.

9. Districts may use tuition to pay for the local share and excess costs of the program.

(6) Pre-K-12 complex special education (complex). — a. A student shall be counted in the complex unit if the student is:

1. Enrolled in preschool through grade 12; and

2. Identified as a student eligible for special education; and

3. In need of a high level of instructional, behavioral, personal, or health support characterized individually or in combination by the following:

A. Need for adult-student ratio of 1:1 to 1:2 for a substantial portion of educational program;

B. Need for staff support for high-tech or extensive-use assistive technology which may include both high and low technology items;

C. Need for extensive extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services;

D. Need for extensive level of related services, including interpreter, therapy, and school nurse and health services;

E. Need for extraordinary or extensive accommodations or adaptations to curriculum or educational environment; and

F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation.

b. The following provisions shall apply for the pre-K-12 complex special education (“complex”) unit:

1. Partial unit funding is provided for between 1 and 2.6 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. One hundred percent of the units must support the students that generate them.

5. The student is not required to receive a minimum number of hours of special education instruction to count in the complex unit.

6. The units are considered teacher/instructional units for purposes of their unit counts.

7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers.

8. Units may also be used to cash-in for other related services.

9. Districts may use tuition to pay for the local share and excess costs of the program.

(7) Counting students in preschool, basic, intensive, or complex shall be based on the Individual Education Program (IEP) and according to rules and rubrics described in Department of Education regulations.

(8) At the completion of the IEP meeting, the team will discuss and review the needs based funding unit and assure in writing that adequate resources are available to implement the IEP.

(9) The Department shall request any financial reports or other information it deems necessary from districts and charter schools to ensure the appropriate use of all units earned. Districts and charters schools shall be required to provide reports and information as requested by the Department.

(e) Programs shall be conducted on a 12-month schedule for children who are identified with severe mental disability, trainable mental disability, autism, traumatic brain injury, visual impairments including blindness, deaf-blindness or orthopedic disability, limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Such programs shall not exceed 1282 hours of school attendance and 222 teacher days in length except that in the case of programs for children identified with autism a school district may extend school attendance to 1,426 hours, and in the case of the Division of Visually Impaired teachers, who will work no more than 226 days. Enrollment of pupils beyond 180 days per year in any such program will be on a voluntary basis upon application by the parent, guardian or other person legally responsible for the enrollee. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year.

(f) The state share for programs conducted on a 12-month schedule for children identified in subsection (e) of this section shall be calculated based on 100% of complex units and 30% of intensive units earned. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of the number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year. The calculation using the count of complex and intensive units does not establish a categorical right to 12-month programs for students who are counted in those units. The calculation of 100% of complex and 30% of intensive units is used to establish the state share provided in support of 12-month programs as described in subsection (e) of this section. The determination of eligibility for extended school year services is determined by IEP teams in conformity with applicable federal and state laws and regulations independent of 12-month program eligibility of students identified in subsection (e) of this section.

(g) An occupational-vocational unit for financing purposes shall mean 27,000 pupil minutes per week; provided, however, units shall be counted on the basis of 1 unit for each 30 students for students enrolled in the New Castle County Vocational-Technical School District, the Kent County Vocational-Technical School District and the Sussex County Vocational-Technical School District. Computation of 27,000 pupil minutes per week shall be in accordance with the rules and regulations established by the Department of Education.

(h) Notwithstanding the fact that such pupils have been counted in regular units of pupils, grades 7 to 12, inclusive, in the same or another school district, pupils who are enrolled in a vocational or occupational education program which has been approved annually by the Department of Education and which is conducted by any public school district shall also be counted for entitlement to vocational units.

(i) Pupils having been counted in the occupational-vocational units of pupils shall be deducted from the regular unit entitlement of a comprehensive high school according to the following formula:

Occupational-vocational units x .5 = deductible units

(j) Effective for fiscal year beginning July 1, 2001, each public high school may hire an occupational-vocational teacher for an additional 15 days for participation in program development and oversight of summer vocational-occupational cooperative programs. Commencing in FY 2002, these teachers shall be entitled to payment of the state share of salaries at the rate of 1/188 of their entitlement for a full school year multiplied by the number of days employed.

(k) In the case of children at the pre-kindergarten ages who are partially deaf or hard of hearing, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training for these children and their parents. The minimum age described in § 3101 of this title shall not be applicable to children served under this section. Units so established shall be based upon statewide needs. Time spent with each child each week may approximate the time devoted to kindergarten programs.

(l) In the case of children, infant through the end of the school year in which the child with a disability turns 22, or the receipt of a regular high school diploma, whichever occurs first, who are identified with autism, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection. Enrollment of children with disabilities in programs other than those administered in the district of residence may occur with the mutual agreement of the district of residence and the district administering the specialized program. The district which accepts and enrolls the child may count that child for unit count purposes and the enrollee shall not be counted in any other school district. The district where the child is enrolled may count that child for the purposes of related services units or any other administrative unit such as director or principal.

(m) In the case of children, infant through the end of the school year in which the child with a disability turns 22 or the receipt of a regular high school diploma, whichever occurs first, who are identified as deaf-blind, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection.

(n) (1) The Interagency Resource Management Committee (IRMC) shall have administrative responsibility for establishing a comprehensive and coordinated early childhood system. The IRMC shall be composed of the following members (or their designee with full voting powers):

a. The Lieutenant Governor, who shall be the chairperson of the IRMC.

b. Secretary of the Department of Health and Social Services.

c. Secretary of the Department of Services for Children, Youth and Their Families.

d. Secretary of the Department of Education.

e. Director of the Office of Management and Budget.

f. Controller General.

g. The Chair of the Early Childhood Council (ECC).

h. One member of House of Representatives, appointed by the Speaker of the House, as a nonvoting member.

i. One member of the Senate, appointed by the President Pro Tempore, as a nonvoting member.

j. The Chair of the IRMC Extended Learning Opportunities Subcommittee as a nonvoting member.

(2) An affirmative vote of a majority of all voting members shall be required to take action.

(3) The IRMC shall promote interagency collaboration in the delivery of early childhood services to young children and their families including young children with disabilities. The IRMC will work to support and coordinate the implementation of the recommendations of the State early childhood plan that aligns strategy and resources across state agencies. Additionally, the IRMC will support and coordinate the functions and responsibilities of the ECC. To accomplish these goals, the IRMC shall do the following:

a. Advise and make recommendations on the allocation of all funds provided by the State, obtained by it, or under its control, which are designated for children eligible for services under this subsection and Chapter 30, Title 14.

b. Coordinate resources, federal and state and public and private, to support family-centered services for eligible children and their families, as appropriate.

c. Seek to develop collaborative approaches with the institutions of higher education for children eligible for services under this subsection. Special emphasis shall be placed on the use of existing preschool educator training and child care provider training programs.

d. Coordinate planning, policy, program and funding to establish a comprehensive and coordinated early childhood system.

(4) The IRMC may, at its discretion, apply for and allocate grant funds. Sources of such grant funds may include, but not be limited, to the federal Childcare Block Grant, Developmental Disabilities Council, federal Child and Maternal Health Grant, federal U.S.C. Title 20, and federal Head Start, where appropriate.

(5) The IRMC shall report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include:

a. A summary of IRMC experience in attempting to accomplish its purposes as stated above; and

b. A recommendation of the IRMC whether and how to institutionalize its activities and functions.

(6) The Director of the Office of Management and Budget and the Controller General are hereby authorized to transfer additional funds serving this population among the budgets of the departments represented on the IRMC if there is prior agreement by the Secretary of the department, as the case may be, to which the funds were previously allocated.

(7) For the purpose of facilitating the continuation of services, programs receiving an allocation under the provisions of this section may receive 20% of the prior year’s allocation at the outset of each fiscal year. These programs are required to present program proposals to the IRMC as required by the IRMC. Upon IRMC approval, adjustments to the program allocations may be made.

(8) The IRMC shall be staffed by Early Childhood Support team in the Department of Education, assisted by the Office of the Lieutenant Governor, and shall include at least 2 education specialists and a clerical support position. Funding shall be provided by the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families by no later than July of each fiscal year to support the operational costs associated with 1 education specialist and clerical support positions. Funds allocated in this section are to be used to support the work of the Early Childhood Support team and to continue the interagency coordination process for Delaware’s early childhood programs.

(9) The IRMC may create working groups in accordance with the recommendation of the members.

(o) Funds appropriated for the purpose of funding the units of pupils under subsections (d), (e), (f) and (k) of this section shall not be expended for any other purpose.
14 Del. C. § 4507 — Delaware Code / Title 14 / Chapter 45 / Section 4507
§ Â
        4507. Use of grant funds.
Status: in_force

Grant funds, awarded under § 4506 of this title, must be used by the applicant to implement or sustain a Grow Your Own Educator Program, including for any of the following purposes:

(1) Design and startup of the Program.

(2) Compensate personnel and contractors hired to assist in the design and implementation of the Program, including technical assistance.

(3) Review and upgrade of teacher academies and other existing programs that will complement and support the Program.

(4) Revise applicant’s existing programs and policies to support candidates accepted into the Program who work in educational professional roles such as paraprofessionals.

(5) Hire substitute teachers to enable educators to lend their time to support the Program.

(6) Provide career ladder opportunities and monetary compensation for highly effective educators to serve as leaders and provide coaching and mentoring for their colleagues and candidates participating in the Program.

(7) Provide candidates last-dollar support for postsecondary education, including tuition, student fees, books, technology, credentialing fees, transportation, and support for passing state testing requirements for licensure if the candidate makes a formal commitment to teach in a Delaware high-need school, for a minimum of 3 years, after obtaining their Delaware teachers license or certification.

(8) Provide financial incentives for candidates including paid internships, residency, apprenticeship and professional learning opportunities.

(9) Partner with institutions of higher education to provide tutoring, academic counseling, cohort models, assistance with credential requirements, and support for taking and passing state testing requirements for licensure.

(10) Expand teacher residency models or develop a teacher apprenticeship model in which candidates can learn while earning a salary and participating in competency-based educator preparation.
14 Del. C. § 2804 — Delaware Code / Title 14 / Chapter 28 / Section 2804
§ Â
        2804. Rules and procedures.
Status: in_force

(a) The Secretary of Education and Director of the Office of Management and Budget must approve such expanded program at least 4 months before such plan is implemented in the local district. Such approval must be based, in part, on an analysis of a 10-year student population projection for the local district.

(b) Such plan must clearly provide for teacher option for employment and must provide state compensation for days beyond the regular full work days of employment as defined in § 1305 of this title at the daily rate defined in § 1703(j) of this title.
14 Del. C. § 171 — Delaware Code / Title 14 / Chapter 1 / Subchapter IV / Section 171
§ Â
        171. Security and data procedures.
Status: in_force

(a) The Department shall promulgate rules and regulations to ensure the security of the assessment administration, training of personnel and collection and reporting of assessment data.

(b) The Department’s rules and regulations shall provide for:

(1) The security of the printed materials during assessment administration and the storage under lock and key of all secure assessment materials, including answer documents, before and after assessment administration;

(2) Procedures to safeguard computer access information and use of the secure browser, including the printing of assessment content;

(3) The proper administration of assessments and the monitoring of assessment administrations by school district personnel; and

(4) Procedures for the accurate and timely collection, storage and retrieval of state assessment system materials and data.
14 Del. C. § 5524 — Delaware Code / Title 14 / Chapter 55 / Subchapter II / Section 5524
§ Â
        5524. Annual reports to General Assembly.
Status: in_force

Within a reasonable time after the end of each fiscal year the University officer responsible for the administration of §§ 5520-5524 of this title shall submit through the appropriate University channels a written report to the General Assembly in which shall be outlined the number of grants given, the amount received by each student and an analysis of whether the aim of §§ 5520-5524 of this title to eliminate economic need as a bar to an education at the University of Delaware has been accomplished.
14 Del. C. § 806 — Delaware Code / Title 14 / Chapter 8 / Section 806
§ Â
        806. School improvement plans.
Status: in_force

(a) A school, which has an approved shared decision-making transition plan as specified in § 805 of this title, may apply to the Department of Education for a school improvement implementation grant. Such grants shall be awarded at the beginning of the fiscal year. A school with an approved application shall be eligible for such grant for the following 3 years as provided in the annual Appropriations Act. Subsequent applications may be made only after the review and evaluation of the school improvement plan required by § 808 of this title is completed and the results of such are included in the school’s application. The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of school improvements grants to be awarded beginning Fiscal Year 1999, based upon the recommendations of an advisory committee comprised of representatives of the school community, and promulgate such guidelines by January 1, 1998. The guidelines shall require that the school demonstrate that its school improvement plan has the following components:

(1) Comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these and other goals identified by the school, including staff development and parental involvement;

(2) A description of the rationale for the proposed governance structure, stating how and why the governance process should improve decision-making and support continuous improvement in teaching and student learning;

(3) Review by the broader school community with agreement that the school improvement plan is consistent with the school district plan and evidence that the local board of education has formally adopted the school’s improvement plan;

(4) A proposed budget that explains the use of resources allocated to the school to support strategies for achieving the school improvement goals;

(5) The structural changes or procedures for providing the necessary time and skill-building to support shared decision-making and continuous improvement in teaching and student learning;

(6) The assessment and evaluation process that the school will use to measure its progress toward achieving its stated goals;

(7) A proposed timeline for phasing-in its school improvement plan; and

(8) A proposed budget for the use of the school improvement grant.

(b) Without limiting the local board’s authority to determine district policy pursuant to § 1049 of this title or to disapprove plans to the extent they are inconsistent with the district transition plan, each school committee may propose in its school improvement plan, policies or suggestions relating to subjects, including but not limited to: Curricular, instructional and assessment strategies to be used at the school; assignment of staff within the school; assignments of students to classes; the school’s calendar; staff development; classroom materials; parental involvement; the need for extra learning time for students through longer days and years and Saturday sessions; the needs of at-risk students; discipline and school climate; teacher orientation and mentoring; and proposed waivers of regulations and district policies.