14 Del. C. § 1716H — Delaware Code / Title 14 / Chapter 17 / Section 1716H
§ Â
        1716H. Mental health services unit and funding for high school.
Status: in_force

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

(1) In fiscal year 2024, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of a full-time school counselor, 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 9 through 12.

(2) In fiscal year 2025, 1 unit for each 325 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of a full-time school counselor, 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 9 through 12.

(3) Beginning in fiscal year 2026, 1 unit for each 250 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of a full-time school counselor, 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 6 through 8.

(4) One unit for each 700 full-time equivalent students in a school district or charter school, grades 9 through 12, 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 9 through 12.

(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 high school.

(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 (e) of this section, funds appropriated by this unit shall be used for employment of full-time licensed mental health services providers who hold an 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 are 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 are required to provide services aligned to the National Association of School Social Work school social work standards.

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

(e) 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 other mental health provider. 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 a 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.

(f) (1) 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 learners, and students with disabilities.

(2) In filling positions supported by this section, the hiring and placement of school counselors who provide mental health services, including services that are aligned with the ASCA National Model, shall be prioritized over those who solely provide career counseling.

(g) (1) The Department shall provide a report to the Office of Management and Budget and to the Controller General detailing the number of positions filled by position type and number of school psychology or other mental health provider positions contracted for under this program at each eligible local education agency by December 30 of each year.

(2) Each district and charter school shall provide to the Department the number of positions filled by position type at each school and the number of school psychology or other mental health provider positions contracted for under this program by November 30 of each year.

(h) The Department of Education shall promulgate rules and regulations to implement and enforce this section.
14 Del. C. § 4305 — Delaware Code / Title 14 / Chapter 43 / Section 4305
§ Â
        4305. Indoor environment portal.
Status: in_force

The Division of Public Health shall provide technical expertise and information that are consistent with the requirements of this chapter to support to local school districts in addressing indoor environment concerns via an information portal on the Delaware Health and Social Services website.
14 Del. C. § 1311 — Delaware Code / Title 14 / Chapter 13 / Section 1311
§ Â
        1311. Salary schedule for school custodians [For application of this section, see 85 Del. Laws, c. 62, Â 8(m)(6)].
Status: repealed

(a) Custodians who have the qualifications required by the certifying board and who work and are paid for 12 months per year shall be paid in accordance with the following schedule:

(b) [Repealed.]

(c) One twelfth of the salary rate set forth under subsection (a) of this section shall be deducted for each month that the employee is not employed.
14 Del. C. § 3445 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3445
§ Â
        3445. Ivyane D.F. Davis Memorial Scholarship Fund.
Status: in_force

Transferred to § 3463 of this title by 83 Del. Laws, c. 413, § 5, effective July 1, 2022.
14 Del. C. § 1312 — Delaware Code / Title 14 / Chapter 13 / Section 1312
§ Â
        1312. Experience.
Status: in_force

(a) In the case of a teacher, principal or superintendent, or other administrative employee, the term “years of experience” in determining salary in accordance with § 1305 of this title means years of service in any public school or regularly organized private school. Ninety-one days in any school year shall constitute 1 year of experience, but not more than 1 year of experience may be credited for any 1 calendar year. Years of service in the armed forces shall also be counted as years of experience in accordance with the rules and regulations adopted by the Department of Education in this respect. A graduate of a 5-year preservice program that includes an extensive clinical component in the fifth year, or a graduate of a 4-year preservice program who graduates with a grade point average (GPA) of 3.75 or higher on a 4.0 scale, or the equivalent, must be granted 1 year of experience in addition to any other experience granted in accordance with this section.

(b) A graduate who has completed a year-long Delaware institute of higher education residency program, and has met all other requirements under § 1281 of this title, must be granted 1 year of experience credit in addition to any other experience granted under this section.

(c) In the case of a person employed as a teacher of trades and industries, or as a coordinator of distributive education, work experience shall be allowed on a year for year basis for full-time work experience in the trade of the teaching subject for those years of work experience beyond years counted toward qualification for certification under rules and regulations of the Department of Education. One hundred and thirty-one working days in any school year shall constitute 1 year of work experience but not more than 1 year of experience may be credited for any 1 calendar year.

(d) In the case of a Department of Education employee who is required to meet certification requirements as specified in the Manual for the Certification of Professional Public School Personnel but is employed in the non-instructional areas of transportation, finance/business management, human resources/personnel management, purchasing, community/public relations, administrative services, pupil services, audiology, occupational therapist, physical therapist, psychologist, speech language pathologist, human relations, nurse, social work/services, information technology or a specialized assignment comparable to these areas, work experience shall be allowed on a year for year basis for full-time work experience in a directly related position in public or private business in accordance with rules established by the Department of Education. Nothing in this section shall be construed as changing or modifying the certification requirements relating to these noninstructional positions.

(e) In the case of personnel whose salaries are based wholly or in part upon § § 1306, 1307, 1308, 1309, 1310, 1311, 1321, 1322, 1324, and 1336 of this title, experience shall be evaluated by the Department of Education, taking into consideration the number of months and the nature of the services rendered.

(f) Beginning with the fiscal year ending June 30, 1998, experience for all public education employees shall be credited according to the provisions of subsections (a) through (e) of this section. No employee shall be entitled to retroactive payment of salary as a result of any changes in experience resulting from the provisions of subsections (a) through (e) of this section.

(g) In the case of a teacher or specialist with at least 4 years of full-time experience as a Title 1 or instructional paraprofessional in a public school who held a valid paraprofessional permit by the Department of Education or an equivalent agency in another state prior to becoming a teacher or specialist, the teacher or specialist is given 1 year of experience credit on the salary schedule under § 1305 of this title for every 2 years of full-time experience as such a paraprofessional in a public school. Credit for years of experience as a Title 1 or instructional paraprofessional for teachers or specialists on the salary schedule under § 1305 of this title must start upon the date of completion and approval of an application to the employer.
14 Del. C. § 1001 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1001
§ Â
        1001. Purpose.
Status: in_force

(a) The purpose of this subchapter is to continue the statewide process of reorganization of school districts begun under the School District Reorganization Act of 1968; to preserve the historic concept of semiautonomous locally controlled school districts throughout the State; to provide a procedure for the effective and orderly reorganization of certain existing school districts in Delaware; and to provide a framework of a governance system for such reorganized districts.

(b) It is the further purpose and intent of the General Assembly to establish policy, procedures, standards and criteria under which the State Board of Education is authorized to determine and establish an appropriate reorganized school district or school districts and to implement the reorganization thereof. Any plan or rules and regulations duly adopted in accordance with this subchapter and § 1028(k) of this title by the State Board of Education for its implementation of such a plan shall be binding upon the parties involved in accordance with § 122(a) of this title.
14 Del. C. § 1102 — Delaware Code / Title 14 / Chapter 11 / Section 1102
§ Â
        1102. Appropriation.
Status: in_force

The Department of Education may authorize, from the amount appropriated in the Budget Appropriation Bill for the purpose of enhancing professional development, an amount to be allocated for the purpose of establishing and maintaining programs to strengthen programs in those areas which the Department of Education with the approval of the State Board of Education designates as critical curriculum areas.
14 Del. C. § 4162 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4162
§ Â
        4162. Child safety awareness, prevention, and other nonacademic trainings [For applicability of section, see 83 Del. Laws, c. 407, Â 2].
Status: in_force

(a) Each school district and charter school shall require its employees to receive 9 hours of training every 3 years consisting of all of the following:

(1) Four hours of a child abuse and child safety awareness, prevention, detection, and reporting training program established under § 4163(b)(1) of this title.

(2) One hour of a school bullying prevention and criminal youth gang detection training program established under § 4164(a) of this title.

(3) Three hours of a suicide prevention training program established under § 4165(a) of this title, with each school district and charter school employee receiving 60 minutes of suicide prevention training each year.

(4) One hour of additional, nonacademic training programs that are evidence-based, whenever available, and are related to a training subject required by this subchapter, as selected by the school district or charter school.

(b) Each school district and charter school shall require a school administrator, school nurse, or school counselor serving 1 or more of the grades in grades 7 through 12 to receive 1 hour of a teen dating violence and sexual assault training program established under § 4166(a) of this title every 3 years. This training may be included in paragraph (a)(4) of this section.

(c) Notwithstanding subsection (a) of this section, a school district or charter school shall require all of the following:

(1) That a new school district or charter school employee receive 1 hour of a child abuse detection and reporting training program established under § 4163(b)(1) of this title within 30 days of employment with the school district or charter school, unless the new school district or charter school employee received such training within the last year.

(2) That a new school administrator, school nurse, or school counselor serving 1 or more of the grades in grades 7 through 12 in a school district or charter school receive 1 hour of a teen dating violence and sexual assault training program established under § 4166(a) of this title within 1 year of employment in that position.

(3) That a new school district or charter school employee receive 1 hour of bullying prevention and criminal youth gang detection training program established under § 4164(a) of this title within 1 year of employment in that position.

(4) That a new school district or charter school employee receive 1 hour of a suicide prevention training program established under § 4165(a) of this title within 1 year of employment in that position.

(d) A school district or charter school shall provide any in-service training required under this section within the contracted school year as provided in § 1305(e) of this title.

(e) A school district or charter school may provide the trainings required under this section to any of its volunteers or contractors.

(f) The Department shall require early intervention service providers to receive 3 hours of a child abuse and child safety awareness, prevention, detection, and reporting training program established under § 4163(b)(1) of this title.

(g) The Department of Education shall develop regulations that create a schedule for all trainings under this section.
14 Del. C. § 8906 — Delaware Code / Title 14 / Chapter 89 / Section 8906
§ Â
        8906. Pension modifications.
Status: in_force

Each teacher of the year, on every level, shall have added to that teacher’s final year of salary the dollar amount of that teacher’s Teacher of the Year Award or Awards as enumerated in § 8903 of this title solely for computing the final average compensation for pension purposes.
14 Del. C. § 9107 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9107
§ Â
        9107. Donations; misnomer.
Status: in_force

Devises, bequests, grants and gifts to the College or any of its institutions shall not be avoided by any misnomer, if the description can be understood with reasonable certainty.
14 Del. C. § 1230 — Delaware Code / Title 14 / Chapter 12 / Subchapter IV / Section 1230
§ Â
        1230. Substitute teachers.
Status: repealed

Repealed by 76 Del. Laws, c. 80, § 345, effective July 1, 2007.
14 Del. C. § 1025 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1025
§ Â
        1025. Fixing doubtful or disputed boundaries of reorganized school districts.
Status: in_force

(a) In case of doubt or controversy as to the correct location of the existing boundary or boundaries of any reorganized school district, the State Board of Education shall fix and establish the boundaries after examining the available records and after due hearing of the owners of the property that may be involved. This section applies where there is uncertainty as to the existing boundaries of a district. The power to change or alter deliberately the boundaries of a reorganized school district is governed by § 1026 of this title.

(b) The State Board of Education shall make and preserve a record of its decisions fixing the boundaries of a reorganized school district in a special book to be kept by it for that purpose and shall file a copy of such record with the Board of Assessment of the county in which the property involved is located.

(c) If the State Board of Education deems it necessary to employ technical assistance in fixing and establishing a doubtful or disputed boundary, it may pay the cost of such technical assistance out of any fund that it may have to its credit that is not specially designated for another purpose.
14 Del. C. § 1716F — Delaware Code / Title 14 / Chapter 17 / Section 1716F
§ Â
        1716F. Mental health services unit and funding for middle school.
Status: in_force

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

(1) In fiscal year 2023, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades 6 through 8, 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 6 through 8.

(2) In fiscal year 2024, 1 unit for each 325 full-time equivalent students in a school district or charter school, grades 6 through 8, 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 6 through 8.

(3) Beginning in fiscal year 2025, 1 unit for each 250 full-time equivalent students in a school district or charter school, grades 6 through 8, 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 6 through 8.

(4) One unit for each 700 full time equivalent students in a school district or charter school, grades 6 through 8, for employment of full-time school psychologists or other mental health provider 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 6 through 8.

(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 middle school.

(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 (e) of this section, funds appropriated by this unit shall be used for employment of full-time licensed mental health therapists who hold the appropriate license as required by the Board of Mental Health and Chemical Dependency Professional 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) 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 therapist. Districts may pursue contracting out school psychologists or 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 a 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.

(f) 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 learners, and students with disabilities.

(g) (1) The Department shall provide a report to the Office of Management and Budget and to the Controller General detailing the number of positions filled by position type and number of school psychology positions and other mental health providers contracted for under this program at each eligible local education agency by December 30 of each year.

(2) Each district and charter school shall provide to the Department the number of positions filled by position type at each school and the number of school psychology positions and other mental health providers contracted for under this program by November 30 of each year.

(h) The Department of Education shall promulgate rules and regulations to implement and enforce this section.
14 Del. C. § 8523 — Delaware Code / Title 14 / Chapter 85 / Section 8523
§ Â
        8523. Forfeiture of bond.
Status: in_force

If any school certified, pursuant to this chapter, should fail to provide the services called for in a contract or agreement with a student, as determined by the Superior Court of the State, the bond prescribed by § 8505(a)(2) of this title, or any part thereof, shall be forfeited, and the proceeds distributed by the Department in such manner as justice and the circumstances require.
14 Del. C. § 2704 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2704
§ Â
        2704. Report of non-public schools to Department.
Status: in_force

(a) All persons conducting nonpublic schools shall report end of the year attendance information to the Department of Education annually, on or before the July 31, on such forms as shall be prescribed by the Department of Education.

(b) Such persons shall also submit annually, no later than September 30, a statement of pupil enrollment on such forms as prescribed by the Department of Education.
14 Del. C. § 4101A — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4101A
§ Â
        4101A. Use of schools for First Amendment purposes.
Status: in_force

(a) As used in this section:

(1) “Student-delivered” refers to any message spoken by a student of the public school at which the message is delivered.

(2) “Student-initiated” refers to any action that is taken only after students have asked that such an action be taken;

(b) During the initial period of study on each school day all students in the public schools in Delaware may be granted a brief period of silence, not to exceed 2 minutes in duration, to be used according to the dictates of the individual conscience of each student. During that period of silence no other activities shall take place.

(c) Notwithstanding any other provision or provisions of the Code, on public school property or other public property, student-delivered, voluntary messages may be permitted by schools during graduation or commencement ceremonies where appropriate in the context of the event. The content of any message authorized by this section shall be determined by the student delivering the message. No school district, school administrator, teacher or other school employee shall exclude, include or otherwise discriminate for or against any student on the basis of the political, philosophical, religious or other content of the message that the student intends to deliver or does deliver.

(d) A school shall be deemed to offer a fair opportunity to students who wish to deliver voluntary messages during graduation or commencement ceremonies under the provisions of this section if such school uniformly provides that the delivery of such messages occur in a manner which does not substantially interfere with the orderly conduct of the ceremony.

(e) Nothing in this section shall be construed to limit the authority of the school district, school administrators, teachers or other school employees to maintain order and discipline on school premises, to protect the well-being of students and school administrators, teachers and other school employees, and to assure that the content of student-delivered voluntary messages is consistent with federal and state law.

(f) Each school district shall establish rules and regulations for the implementation of this section within the district. The Department of Justice shall provide each school district an annual set of model rules and regulations on or before January 1 of each year commencing in 1996 which, if adopted by a school district, will ensure that this section is implemented consistently with federal and state law. Any school district which complies with the model rules and regulations provided pursuant to this subsection shall be entitled to representation by the Department of Justice, upon request, in the event that the school district is sued as a result of activity related to this section. The State shall, if the school district complies with the rules and regulations provided pursuant to this subsection, reimburse the school district for any monetary award related to compliance with this section.
14 Del. C. § 8513 — Delaware Code / Title 14 / Chapter 85 / Section 8513
§ Â
        8513. Rules and regulations.
Status: in_force

In addition to standards provided for hereunder, the Department shall make and enforce reasonable rules and regulations as shall be necessary for the proper administration and enforcement of this chapter.
14 Del. C. § 4803 — Delaware Code / Title 14 / Chapter 48 / Section 4803
§ Â
        4803. Program.
Status: in_force

(a) Early childhood educators are encouraged to create a learning environment that facilitates play-based learning as follows:

(1) Create a learning environment that facilitates child-directed experiences based upon developmentally-appropriate, evidence-based and research-based early childhood practices and purposefully planned, sustained, play opportunities, including movement, creative expression, exploration, socialization, reading for pleasure, art, music, and dramatic play.

(2) Develop physical, social, emotional, cognitive, and academic learning opportunities in all curricular domains which may include time for the discovery of each child’s individual needs, abilities, and talents.

(3) Allow the needs of students to be met by incorporating and integrating play-based learning into daily practice.

(b) Local education agencies may provide ongoing early childhood professional development in play-based learning for early childhood educators, which may include existing early childhood professional development programs developed by the Department, and which may include how to internalize units and lessons within curriculum to ensure the most interactive and engaging portions of the lessons are included as well as strategies to include a play-based approach that still maintains the rigor of the instructional materials.
14 Del. C. § 1334 — Delaware Code / Title 14 / Chapter 13 / Section 1334
§ Â
        1334. Annual work year.
Status: in_force

For any section in the Delaware Code that makes reference to the annual work year for teachers in terms of days, such reference can be converted to equivalent hours as follows:

188 Regular Days x 7.5 hours = 1,410.0 hours.
14 Del. C. § 308 — Delaware Code / Title 14 / Chapter 3 / Section 308
§ Â
        308. Meetings of the Board.
Status: repealed

(a) The Board shall hold regularly scheduled meetings at least once per month and at other times as the chair deems necessary or at the request of a majority of the board members.

(b) The Board shall meet at a place within the State as it may determine. The place for each meeting must be determined prior to giving notice of the meeting.

(c) Notice of each board meeting must meet the requirements of Chapter 100 of Title 29.

(d) Each board meeting and hearing must be open to the public under Chapter 100 of Title 29.

(e) (1) Minutes of each board meeting must meet the requirements of Chapter 100 of Title 29 and the Association shall maintain copies at the offices of the Department.

(2) At a hearing in which evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript incurs the expense of preparing the transcript.

(f) [Repealed.]
14 Del. C. § 3420 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3420
§ Â
        3420. Critical need scholarships.
Status: in_force

Transferred by 77 Del. Laws, c. 431, § 10, effective July 23, 2010, to § 3461 of this title. Section 3461 of this title was subsequently transferred to § 3436 of this title by 83 Del. Laws, c. 413, § 3, effective July 1, 2022. Section 3436 of this title was subsequently transferred to § 3435 of this title to conform to redesignations made in view of 84 Del. Laws, c. 350, § 2, effective Aug. 7, 2024.
14 Del. C. § 9302 — Delaware Code / Title 14 / Chapter 93 / Section 9302
§ Â
        9302. Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Hazing” means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which wilfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher learning. The term shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any wilful destruction or removal of public or private property. For purposes of this definition, any activity as described in this definition upon which the admission or initiation into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding.
14 Del. C. § 5703 — Delaware Code / Title 14 / Chapter 57 / Section 5703
§ Â
        5703. Proceeds of sale of land scrip; investment.
Status: in_force

The $83,000 received by the University from the sale of land scrip pursuant to the Act of July 2, 1862, Chapter 130 [7 U.S.C. § 301 et seq.], shall be invested in securities selected by the Governor and State Treasurer, which securities shall conform in all respects to the requirements of an Act of Congress of April 13, 1926, Chapter 130, 44 Stat. 247 [7 U.S.C. § 304], and shall yield a net return of not less than 2 percent per annum. The principal sum of the proceeds of sale of land scrip shall forever remain unimpaired and the income shall be inviolably appropriated to the University.
14 Del. C. § 2726 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2726
§ Â
        2726. Procedure for truancy conferences.
Status: in_force

The provisions of § 4122 of this title shall apply to truancy conferences. The principal shall determine the date, time and place of the conference and shall give all participants notice at least 1 week prior to the conference. In conducting a truancy conference, the principal may exclude any person, including a parent or a student, from the conference or part of a conference.
14 Del. C. § 1266 — Delaware Code / Title 14 / Chapter 12 / Subchapter VI / Section 1266
§ Â
        1266. Requirements for an alternative routes to certification programs for teachers of students with disabilities.
Status: in_force

In order to be State approved, an alternative routes to certification program for teachers of students with disabilities must include all of the following:

(1) Delivery of high-quality professional development to a teacher that is sustained, intensive, and classroom focused.

(2) The requirement that a teacher participates in intensive supervision that consists of structured guidance and regular, ongoing support or teacher mentoring.

(3) The requirement that a teacher participate for no more than 3 years.

(4) The requirement that a teacher demonstrate satisfactory progress toward standard certification.

(5) Provision of regular reports to the Department, made in accordance with rules and regulations that the Department promulgates, that the requirements under this section are being met.

(6) a. An assessment of the ARTC program participant’s ability to apply pedagogical skills to meet the needs of the participant’s students.

b. 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.
14 Del. C. § 801 — Delaware Code / Title 14 / Chapter 8 / Section 801
§ Â
        801. Definitions.
Status: in_force

As used in this chapter,

(1) “School community” shall mean a community comprised of the stakeholders responsible for providing and structuring a child’s education; specifically, the board of education at the district level, certified and noncertified school employees, parents, community members and, as appropriate, students.

(2) “Shared decision-making” shall mean an inclusive, representative decision-making process in which members of the school community at the school and district levels participate as equals. Shared decision-making may occur at all levels of a school system.

(3) “Structured conversations and activities” shall mean ongoing opportunities for representatives of the entire school community, as defined herein, to collectively and collaboratively explore and become knowledgeable about the processes, systems and governance structures commonly associated with shared decision-making; to identify the skills, knowledge and attitudes which promote successful shared decision-making; to review the research related to the successes and shortcomings of shared decision-making in educational settings; and to determine the readiness and commitment of the various groups within the school community to proceed with shared decision-making as a means to achieve the goal of improved teaching and student learning and improved school safety and discipline. The use of professional facilitators to conduct such conversations is advisable and the Department of Education and local districts shall collaborate with other educational stakeholder groups to make such facilitators available at reasonable costs to districts and schools for such purposes.
14 Del. C. § 8907D — Delaware Code / Title 14 / Chapter 89D / Section 8907D
§ Â
        8907D. Pension modifications.
Status: in_force

Each Educational Support Professional of the Year, on every level, shall have added to that educational support professional’s final year of salary the dollar amount of that educational support professional’s Educational Support Professional of the Year Award or Awards as enumerated in § 8904D of this title solely for computing the final average compensation for pension purposes.
14 Del. C. § 1212 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1212
§ Â
        1212. Continuing licensure â Renewal.
Status: in_force

(a) Upon application, the Department shall renew a continuing license for an additional 5-year term if the educator has completed 90 clock-hours of approved professional development, as well as other professional development and mentoring requirements as required by the rules and regulations promulgated and adopted under this chapter.

(b) For the purpose of this section, “clock-hour” means actual time spent in professional development, not credit hours.

(c) The Standards Board shall review the professional development requirements of this section on an ongoing basis for the purpose of proposing regulations that modify the minimum requirements of this section and that improve the effectiveness of professional development.

(d) The Department shall ensure that a variety of opportunities for professional development are available across different modes that meet a high standard of quality, including evidence-based programs.
14 Del. C. § 9301 — Delaware Code / Title 14 / Chapter 93 / Section 9301
§ Â
        9301. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Anti-Hazing Law.”
14 Del. C. § 1702 — Delaware Code / Title 14 / Chapter 17 / Section 1702
§ Â
        1702. Divisions of school appropriations.
Status: in_force

(a) Appropriations for the support, maintenance and operation of the free public schools of the State shall be in 3 divisions: Division I shall include appropriations designated for the purpose of paying the employees of the various school districts of the State in accordance with the state-supported salary schedules contained in Chapter 13 of this title; Division II shall include the appropriations for all other school costs and energy, except those for debt service and the transportation of pupils; Division III shall include appropriations for educational advancement.

(b) The Department of Education shall in its annual budget request recommend an aggregate amount to be appropriated to the State’s school districts for the purpose of educational advancement on a unit basis. The Department’s annual budget request shall include funds adequate to comply with its obligation under § 1704(2) of this title.

(c) Appropriations pursuant to Division I shall be used to employ personnel authorized by Chapter 13 of this title. School districts shall not use such funding to employ administrators in addition to those funded by the State pursuant to Chapter 13 of this title.

(d) Notwithstanding any other provision of this chapter, appropriations pursuant to Division II may be used for any otherwise legal purposes.

(e) The Department of Education, Office of Management and Budget and Controller General’s Office are authorized to simplify the complexity of state share accounting by consolidating school district appropriations in the State’s financial management and accounting system. Such consolidation may include state funding appropriated and allocated to school districts under Divisions I, II and III, Academic Excellence, Reading Cadre, Reading Resource Teachers, and Exceptional Student Unit-Vocational. Appropriations authorized to be consolidated herein shall not alter the school funding formulas, salary schedules, and/or provision of expenditure stipulated in this title and in the Annual Appropriations Act.
14 Del. C. § 4105 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4105
§ Â
        4105. Salute to flag and pledge of allegiance.
Status: in_force

In the opening exercises of every free public school each morning, the teachers and pupils assembled shall salute and pledge allegiance to the American flag as follows:

 “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all.”
14 Del. C. § 8902D — Delaware Code / Title 14 / Chapter 89D / Section 8902D
§ Â
        8902D. Definitions.
Status: in_force

Educational support professional (ESP). —

A school employee whose position is instructional in nature or who provides other direct or indirect services to students and/or their parents: such as: paraprofessionals; instructional aides; custodial staff; secretaries; nutritional staff and school bus drivers.
14 Del. C. § 1272 — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1272
§ Â
        1272. Improvement plans; professional development.
Status: in_force

(a) If the overall rating of an educator’s DPAS II evaluation is unsatisfactory, the district shall develop and assign an improvement plan to the educator and provide a reasonable amount of time for the educator to complete the improvement plan. A district shall also make recommendations for improvement if an educator’s performance on an individual component of the evaluation is unsatisfactory. An improvement plan must identify the deficiencies in an educator’s performance and the professional development activities required to improve the deficiencies to a satisfactory level. An improvement plan pursuant to this section must be developed as part of a collaborative process between the district and the educator where possible, with the district having the final authority to develop and assign the plan. The Department shall develop guidelines for improvement plans required pursuant to this section.

(b) In an effort to promote continuous professional growth and to improve educator performance, the Department shall also develop guidelines for professional development when an educator receives a satisfactory DPAS II evaluation. The guidelines must incorporate specific professional development activities designed to enhance knowledge and skill in areas recommended by an evaluator.
14 Del. C. § 1304 — Delaware Code / Title 14 / Chapter 13 / Section 1304
§ Â
        1304. Salaries in excess of state supported uniform salary schedules.
Status: in_force

Nothing contained in this chapter shall prevent any local board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations.
14 Del. C. § 103 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Powers, duties and functions of the Secretary.
Status: in_force

(a) The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its offices, functions and employees;

(2) Appoint and fix the salary, with the written approval of the Governor, of the following officers: Deputy Secretary, Associate and Assistant Secretaries, and an Executive Assistant. These officers may be removed from office by the Secretary with the written approval of the Governor, and they shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary;

(3) Appoint such additional personnel as may be necessary for the administration and operations of the Department, within such limits as may be imposed by law;

(4) With the written approval of the Governor, establish, consolidate, abolish, transfer or combine the powers, duties and functions of the branches, work groups, offices or units within the Department as the Secretary may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained;

(5) Make and enter into any and all contracts, agreements or stipulations; retain, employ and contract for the services of private and public consultants, and research and technical personnel; and procure by contract consulting, research, technical and other services and facilities whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department or to determine and ensure the quality and effectiveness of education programs and initiatives, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of Title 29 unless otherwise provided by law;

(6) Delegate any of the Secretary’s own powers, duties or functions to the Deputy Secretary or an Associate or Assistant Secretary, except the power to remove employees of the Department or to fix employee compensation;

(7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(8) Maintain such facilities throughout the State as may be necessary for the effective and efficient operation of the Department;

(9) Adopt an official seal or seals for the Department;

(10) In consultation with the State Board of Education, prepare a proposed annual operating and capital improvement budget for the Department and state support of the public school system to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated to it by the General Assembly. Special funds may be used in accordance with approved grants, programs and appropriations; and

(11) Appoint committees or advisory entities to assist the Secretary in performing the duties of the Secretary’s office. When the committee or entity is formed to assist in developing policies or regulations the adoption of which must be approved by the State Board, the Secretary shall consult with the State Board regarding the composition of such committee or entity.

(b) The Secretary shall develop and implement policy for grades 1-12 that will substantially decrease the number of nonperformance-based promotions, or social promotions, which allow students who have not passed a course or courses required for promotion to the next grade to advance to the next grade, with the goal of eliminating those promotions by the year 2001.

(c) The Secretary shall calculate a voluntary school assessment, which applicants shall have the option of paying in lieu of any school certification required by §§ 2661 or 6961 of Title 9 or § 842 of Title 22. Voluntary school assessments shall be calculated on a per unit basis for each project that seeks to pay such assessments in lieu of certification as follows by:

(1) Calculating the average cost (including offsite roadway improvements for the school required by the state transportation department, land or, if the school district already owned such land, the then-fair market value of such land at the time of construction), per child, for the average new public schools (1 elementary school, 1 middle school, 1 high school) constructed with state assistance as determined by the State of Delaware School Construction Technical Assistance Manual prepared by the Delaware Department of Education (as such manual exists as of June 30, 1999, such manual to be updated for purposes of this calculation on earlier than July 1, 2005, and thereafter updated as the Department normally updates such manual);

(2) Multiplying that number by the local percentage share then required by state law of the local school district in order to receive state capital assistance;

(3) Multiplying the resulting figure by 0.50, representing the average number of school-aged children projected to be housed within each residential unit, provided that in no event shall the voluntary school assessment exceed 5% of the total cost of the residential unit.
14 Del. C. § 9135 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9135
§ Â
        9135. Terms and form of bonds.
Status: in_force

Bonds issued under this chapter must meet all of the following conditions:

(1) Be in such denomination, in such form, and bear such rate of interest as determined by the State under § 7506 of Title 29; provided, however, that the Board must be consulted regarding the term of such bonds.

(2) Bear interest from and after their date, payable semiannually on the days designated in the bonds.

(3) Consist of a single bond registered as to both principal and interest with the principal of the bonds payable in installments and interest on the bonds payable semiannually. The amounts of principal payable, the dates on which such payments are due, and the dates on which the interest is due must be noted on the bond form.

(4) The bonds must be payable in serial installments beginning not more than 1 year after the date of the bonds and ending not more than 20 years after such date. The amount of any installment payable in any 1 year, except the last year, must be not less than 1/20 of the aggregate principal amount of the bonds of such issue.
14 Del. C. § 3421 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3421
§ Â
        3421. Delaware nursing incentive program loans awarded prior to July 1, 2022.
Status: repealed

(a) Purpose. — It is the intent and purpose of the General Assembly through this subchapter to enable and encourage academically talented Delawareans to pursue nursing careers at state-operated hospitals or nonprofit hospitals located in this State.

(b) [Repealed.]

(c) Repayment and forgiveness. — (1) For the purposes of this program, qualifying employment shall be employment as a licensed practical nurse or a registered nurse at a state-owned hospital or clinic or a nonprofit hospital located in this State.

(2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan.
14 Del. C. § 1725 — Delaware Code / Title 14 / Chapter 17 / Section 1725
§ Â
        1725. Tracking of school district use of unit funds.
Status: in_force

(a) All information received by the Department of Education, or any third party performing work for the Department of Education, relating to the dates on which new teachers are hired by individual school districts shall be posted on the Department of Education’s web site.

(b) The Department of Education shall conduct randomized audits to ensure that information provided by school districts relating to the hiring dates of new teachers is accurate and complete.

(c) By August 12, 2011, the Department of Education shall promulgate regulations necessary to ensure that hiring information collected and reported by school districts uses uniform terminology.

(d) By December 31, 2011, the Department of Education shall report to the General Assembly and Governor on the impact of the estimated unit count upon school districts’ performance in making earlier contract offers to prospective teachers. To the extent that the Department of Education determines that any districts have not taken proper advantage of the estimated unit count, the Department shall recommend additional steps that should be taken to properly incentivize those districts to make earlier contract offers.

(e) For purposes of §§ 1321(e)(11) and (e)(12), 1716 and 1716A of this title, a school district electing to take a cash option or contractual option shall submit an application to the Department of Education no later than January 31 of each fiscal year. The Department of Education shall provide a report on the use of said cash/contractual options to the Director of the Office of Management and Budget and the Controller General by May 1 of each fiscal year.
14 Del. C. § 3409A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3409A
§ Â
        3409A. Purpose.
Status: in_force

There is hereby created the Delaware State Inspire Scholarship Program. Under this subchapter, qualified, college-bound state resident students are relieved of a substantial part of the burden of paying undergraduate tuition at Delaware State University provided that these students meet the criteria set forth in this subchapter and are pursuing studies leading to a bachelor’s degree at Delaware State University. Students who qualify under this subchapter shall not have to repay the State because it is the intent and purpose of the General Assembly, through this subchapter, to help ensure that Delaware students stay in high school, excel academically, and have better access to higher education regardless of a family’s financial circumstances and therefore payments under this program shall be grants, not loans.
14 Del. C. § 1222 — Delaware Code / Title 14 / Chapter 12 / Subchapter III / Section 1222
§ Â
        1222. Revocation of certificate.
Status: in_force

A certificate issued under this subchapter must be revoked upon a finding that the certificate holder made a materially false or misleading statement in that certificate holder’s certificate application or upon revocation of a license issued under this chapter. A certificate holder is entitled to a full and fair hearing before the Standards Board to challenge a revocation pursuant to this section.
14 Del. C. § 170 — Delaware Code / Title 14 / Chapter 1 / Subchapter IV / Section 170
§ Â
        170. Definitions.
Status: in_force

For purposes of this subchapter only, the following terms shall have the meanings indicated:

(1) “Assessment administration” means the range of activities from the initial procurement of secure assessment materials including those delivered via the computer through testing and the return of secure assessment materials to the Department or its agents;

(2) “Assessment site” means the physical location of the assessment administration, including a computer lab, classroom, or other room;

(3) “Department” means the Delaware Department of Education;

(4) “Individual” means a student, teacher, administrator, local or state school board member, or other employee, agent or contractor employed by the Delaware public school system whether local or at the state level, and including an employee, agent or contractor of a charter school;

(5) “Log-in” means the process of accessing the assessment website;

(6) “School district” means any school district, special school or charter school created pursuant to the provisions of this title;

(7) “Secure browser” means the computer browser that prevents the student from accessing functions of the computer that are not allowed during assessment;

(8) “State Assessment System” means the assessment program established pursuant to subchapter III of this chapter, including the assessments administered pursuant thereto; and

(9) “Student identification number” means the unique identification number assigned to each student in the State under which his or her student records are maintained.
14 Del. C. § 8247 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8247
§ Â
        8247. Discipline/adverse actions.
Status: in_force

(a) Nothing in this Compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on licensees according to the state practice laws thereof.

(b) Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
14 Del. C. § 6514 — Delaware Code / Title 14 / Chapter 65 / Section 6514
§ Â
        6514. Credit of State not pledged.
Status: in_force

Revenue bonds issued under this chapter shall be payable exclusively from specified funds of the University. All such bonds shall contain a statement on their face that the State is not obligated to pay the same or the interest thereon and that the faith and credit of the State are not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
14 Del. C. § 4303 — Delaware Code / Title 14 / Chapter 43 / Section 4303
§ Â
        4303. Procedures for indoor air quality complaints in public schools.
Status: in_force

(a) On or before May 1, 2025, each school district superintendent shall do all of the following:

(1) Identify an individual within each school district to be responsible for receiving indoor air quality complaints and for reporting such complaints to the superintendent.

(2) Make available on the district’s website the procedure for any party to file such a complaint with the identified individual.

(b) Complaints received by the school district must be reported to the school board at the next regularly-scheduled meeting.

(c) Indoor air quality complaints filed under this section must be investigated by the local board of education.
14 Del. C. § 1505 — Delaware Code / Title 14 / Chapter 15 / Section 1505
§ Â
        1505. Unauthorized expenditures.
Status: in_force

The Auditor of Accounts may withhold approval of any voucher or bill or order for money of a school district whenever such district shall have failed to comply with this title in the expenditure of its moneys, until such district shall make good such failure.
14 Del. C. § 1101A — Delaware Code / Title 14 / Chapter 11A / Section 1101A
§ Â
        1101A. Establishment; statement of purpose  [Transferred].
Status: in_force

Transferred to § 3437(a) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 3511 — Delaware Code / Title 14 / Chapter 35 / Section 3511
§ Â
        3511. Revocation of employment certificate.
Status: in_force

Any minor subject to this chapter who fails to attend the part-time school or class may have that minor’s employment and school leaving certificate revoked.
14 Del. C. § 6502 — Delaware Code / Title 14 / Chapter 65 / Section 6502
§ Â
        6502. Purpose and object.
Status: in_force

The purpose and object of the University shall be to impart instruction in agriculture, the mechanical arts, the English language, the various branches of mathematical, physical, natural and economic science, with special reference to their application in the industries of life, and to the facilities for such instruction, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life, but other scientific and classical studies may be taught, and a normal school for the preparation of teachers may be connected with the University under such rules and regulations as the Trustees may adopt.
14 Del. C. § 8504 — Delaware Code / Title 14 / Chapter 85 / Section 8504
§ Â
        8504. Application for certificate; contents.
Status: in_force

Every person, partnership or corporation desiring to obtain a certificate of approval shall make a verified application to the Department setting forth the following information:

(1) The title or name of a school, together with ownership and controlling officers thereof;

(2) The specific fields and courses of instruction which will be offered;

(3) The place or places where such instruction will be given and a description of the physical and sanitary facilities thereof;

(4) A specific listing of the equipment available for instruction in each field and course;

(5) The educational and teaching qualifications of instructors and supervisors;

(6) The financial resources available to equip and maintain the school;

(7) The entrance requirements for admission to each program offered by the school, and a copy or example of the instrument or instruments used to test for admission to each program.

a. If an institution admits as a regular student a person who does not have a high school diploma or its equivalent, the institution shall determine, at the time of admission, whether that person has the ability to benefit from the education or training the institution offers.

b. An institution shall determine whether a person described in paragraph (7)a. of this section has the requisite ability by administering to the person a nationally recognized, standardized or industry developed test approved by the Secretary of the United States Department of Education and shall include the test and results in the student’s record; or by providing evidence that an assessment of the person’s basic skills and aptitudes has been conducted and that the assessment indicates that the person has the ability to benefit from the education or training the institution offers and shall include the method used and results in the student’s record.
14 Del. C. § 1092 — Delaware Code / Title 14 / Chapter 10 / Subchapter V / Section 1092
§ Â
        1092. Employee qualifications.
Status: in_force

Every employee of a reorganized school district must meet standards for qualification as adopted by the Professional Standards Board and the State Board of Education pursuant to § 1203 of this title, and be certified or otherwise licensed in accordance with these standards in order to be placed on the official payroll of the reorganized school district.
14 Del. C. § 1414 — Delaware Code / Title 14 / Chapter 14 / Subchapter II / Section 1414
§ Â
        1414. Judicial review.
Status: in_force

A decision of the board shall be final and conclusive unless, within 10 days after a copy thereof has been received by the teacher, the teacher appeals to the Superior Court for the county in which the teacher was employed. In case of every such appeal, the cause shall be determined by the Court from the record which shall include a certified copy of the evidence, findings and the decision of the board, without the aid of a jury. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the Rules of the Superior Court. The Court shall decide all relevant questions of law and all other matters involved, and shall sustain any board action, findings and conclusions supported by substantial evidence. The Court may reverse, affirm or modify the decision of the board or remand the cause to the board for a rehearing. In case any cause shall be remanded to the board for a rehearing, the procedure and the rights of all parties to such cause shall be the same as in the case of the original hearing before the board. If the decision is in favor of the teacher, the teacher shall be fully reinstated and shall receive all salary lost as a result of that teacher’s temporary dismissal or suspension.
14 Del. C. § 4602 — Delaware Code / Title 14 / Chapter 46 / Section 4602
§ Â
        4602. Establishment; statement of purpose.
Status: in_force

(a) The Department of Education, in partnership with the Department of Labor, shall create and administer the Delaware Educator Apprenticeship Program. School districts and charter schools will place participants into positions in schools, alongside teacher mentors, while the participants complete training and education programs to become a credentialed Delaware educator.

(b) The purpose of this program is to support educator recruitment and increase the pipeline of qualified educators for our public schools by utilizing an apprenticeship model for training. This program will complement additional strategies underway through the State’s Grow Your Own Educator Program and teacher residency programs by providing a low-cost pathway to become a certified educator to address the educator shortage in Delaware.

(c) In selecting applicants for this program, the Department shall consider all of the following:

(1) An applicant’s commitment to Grow your Own Educator programs, including well-developed teacher academies and pathways that start in middle school and extend through high school.

(2) An applicant’s established and proposed partnerships with other institutions and programs.

(3) An applicant’s commitment to diversifying the workforce and supporting underrepresented populations.

(4) An applicant’s commitment to providing on-the-job training, competitive wages and benefits, and long-term hiring opportunities to program participants.

(5) An applicant’s commitment to new teacher mentoring programs, including mentor teacher training and support programs.

(d) The Department of Education shall explore and may include the following elements in the design of the Delaware Educator Apprenticeship Program:

(1) Technical assistance services to be provided by programs with expertise in the apprenticeship model.

(2) National credentials that may be available for teacher apprentice programs.

(3) Tax credits available to program participants.

(4) Federal and state funding available for training and educating teacher mentors and apprentices.

(5) Additional incentives for recruiting program participants.
14 Del. C. § 1095 — Delaware Code / Title 14 / Chapter 10 / Subchapter VI / Section 1095
§ Â
        1095. Liability of local school districts for costs in actions against members of board or employees thereof.
Status: in_force

Whenever a civil action has been or shall be brought against any person for any act or omission arising out of and in the course of the performance of that person’s duties as a member of a board of education, principal, assistant principal, superintendent, assistant superintendent or professional employee, including a teacher, the board of education of that school district shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; provided, however, the board of education shall not be responsible for the payment of punitive damages nor damages attributable to intentional acts or the gross negligence of such person. Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses. The State shall not be liable for such financial obligation incurred by a local school district.
14 Del. C. § 1218A — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1218A
§ Â
        1218A. Temporary suspension pending hearing [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) In the event of a complaint concerning the activity of a person licensed, permitted, or certified that presents a clear and immediate danger to the health, safety, or welfare of students, the Secretary may temporarily suspend the person’s license, permit, or certificate, pending a hearing. An order temporarily suspending a license, permit, or certificate under this section may not be issued unless the person or the person’s attorney received at least 72 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney can file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing convenes and a decision is rendered.

(b) A person whose license, permit, or certificate has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a description of the complaint and the order of temporary suspension pending a hearing personally served upon the person or sent by certified mail, return receipt requested, to the person’s last known address.

(c) A person whose license, permit, or certificate has been temporarily suspended pursuant to this section may request an expedited hearing. The Professional Standards Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 10 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license, permit, or certificate.

(d) As soon as possible after the issuance of an order temporarily suspending a person’s license, permit, or certificate pending a hearing, the Board shall appoint a hearing examiner. After notice to the person pursuant to subsection (b) of this section, the hearing examiner shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the person requests in a timely manner an expedited hearing, the hearing examiner shall convene within 15 days of the receipt of the request by the Board. The hearing examiner shall render a decision within 20 days of the hearing.

(e) In addition to making findings of fact, the hearing examiner shall also determine whether the facts found constitute a clear and immediate danger to the health, safety, or welfare of students. If the hearing examiner determines that the facts found constitute a clear and immediate danger to the health, safety, or welfare of students, the order of temporary suspension must remain in effect until the Board deliberates and reaches conclusions of law based upon the findings of fact made by the hearing examiner. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing examiner unless the suspended person requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board.
14 Del. C. § 4125 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4125
§ Â
        4125. Driver education certification.
Status: in_force

(a) A driver education teacher may not certify that a student enrolled in a State-approved driver education course during the regular school year is qualified to be issued a Driver Education Learner’s Permit or a Level 1 Learner’s Permit by the Division of Motor Vehicles unless the student has done all of the following:

(1) Fulfilled the requirements of the driver education program, including demonstrating knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21.

(2) Met the minimum credit requirements to qualify as a tenth grader as of September 30 of the school year that the student enrolled in the driver education course.

(3) Earned passing grades in 5 credits at the time of certification, with at least 2 of those credits in separate areas of English, mathematics, science, or social studies.

(b) A student who is receiving special education services under an active student’s individualized education plan (IEP) will be authorized until age 21 to complete his or her driver education certification through a State-approved driver education course. Pursuant to Department of Education regulation, the student may be authorized to subsequently enroll in another driver education course if the student fails the driver education course during the regular school year.

(c) A student who is receiving special education services and is precluded from meeting the academic requirements of subsection (a) of this section due to modifications in the grading procedure or course of study for the student shall be eligible for certification if the student’s school principal determines that the student is making satisfactory progress in accordance with the requirements of that student’s IEP.

(d) A local school board may establish requirements higher than the minimum academic eligibility requirements set forth in this section.

(e) A student who does not meet the certification requirements of this section upon completion of a driver education course may meet the requirements during the subsequent marking period. If the student fails to meet the requirements at the end of the subsequent marking period, the student will be ineligible for certification.

(f) Any permit issued in violation of the provisions of this section shall be cancelled, all fees forfeited and the applicant must reapply as if they were a new applicant.
14 Del. C. § 1281 — Delaware Code / Title 14 / Chapter 12 / Subchapter VIII / Section 1281
§ Â
        1281. Year-long residency programs.
Status: in_force

(a) There is established a year-long residency program, the purpose of which is to increase retention and diversity of quality educators in Delaware public schools.

(b) For purposes of this section:

(1) “Resident” means a student enrolled in an education preparation program who is selected for participation in a year-long residency program authorized under this section.

(2) “Year-long residency program” means a partnership between a district or charter school and an educator preparation program to provide residents a year-long, practice-based learning experience working directly with students, in a manner that mirrors the experience of teachers in that school.

(c) (1) Subject to appropriations, the Department shall develop a competitive grant process to support districts and charters in developing and supporting year-long residency programs.

(2) Annual appropriations for the year-long residency programs do not revert to the General Fund at the end of the fiscal year, but shall remain available to the Department for disbursement pursuant to this section.

(3) The Department shall award successful applicants funding on at least a 15-month basis, July 1 through September 30 of the following year.

(4) Awards for the upcoming fiscal year or multiple fiscal years shall be declared by the January prior.

(5) Funds awarded under this section to provide a stipend for residents may be used by a resident for any purpose.

(6) Applicants for the award may apply for a program of support for residents — including stipends for residents, benefits, substitutes, cooperating teacher stipends, and professional development.

(d) Applications for funding under this section must include a description of all of the following:

(1) A shared vision and partnership between the applicant and an educator preparation program to provide a high-quality experience for residents.

(2) A process for recruiting residents with demonstrated cultural competency and residents from diverse backgrounds.

(3) A selection process for cooperating teachers who will coach residents, including a job description and a support system for mentors.

(4) A plan to collect and provide all data required by the Department to evaluate the effectiveness of the program.

(5) A plan beyond the grant award to sustain the partnership.

(e) In evaluating applications, the Department shall give additional weight to applicants that commit to any of the following:

(1) Selecting residents who are pursuing credentials in a critical needs area.

(2) Placing residents in a school that serves a student population with a significant number of low-income or English-learner students.

(f) The Department shall convene, in an open forum, stakeholders representing school districts, charter schools, teacher preparation programs, teachers, and nonprofit organizations to provide input on methods to increase retention and diversity of quality educators in Delaware public schools and the development of a fair, robust rubric for evaluation of residency grant applications. The Department of Education shall finalize the rubric and implement it as part of the application process.

(g) Residents must commit to work in a qualifying Delaware school for at least 3 years after receiving their teaching credentials.

(h) The Department shall adopt rules and regulations to implement this section.
14 Del. C. § 3903 — Delaware Code / Title 14 / Chapter 39 / Section 3903
§ Â
        3903. Disability benefits.
Status: in_force

Teachers who, prior to April 23, 1945, because of failing or lost eyesight, loss of limb or other physical disability, were required to abandon the teaching profession, and, by reason of such disability, are incapable of securing employment producing a living wage, and who taught as many as 3 school years in this State, shall be entitled to receive, out of the fund continued by § 3901 of this title, the sum of $185 per month for the duration of their respective disabilities.
14 Del. C. § 2727 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2727
§ Â
        2727. Notice of violation and compliance.
Status: in_force

No person shall be prosecuted for violation of § 2702 of this title if that person, within 3 days from the time that the person is notified by the superintendent of schools or persons authorized by the superintendent, presents an excuse in writing satisfactory to such superintendent of schools, and complies with the requirements of such § 2702 of this title. The mailing of a notice to the usual address of the offending party shall be sufficient notification.
14 Del. C. § 3005A — Delaware Code / Title 14 / Chapter 30A / Section 3005A
§ Â
        3005A. Penalties for violations.
Status: in_force

(a) OCCL may impose civil penalties not to exceed $1,000 for each violation of § 3004A of this title.

(b) OCCL may proceed for the collection of the monetary civil penalty not otherwise paid through an action brought by OCCL in any court of competent jurisdiction.

(c) An individual or entity that violates this chapter may be fined not more than $1,000 or imprisoned not more than 6 months, or both.
14 Del. C. § 4123B — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4123B
§ Â
        4123B. Posting child abuse and neglect telephone report line.
Status: in_force

[Transferred to § 4163(g)(1), (2) of this title by 81 Del. Laws, c. 122, § 8.]
14 Del. C. § 8604 — Delaware Code / Title 14 / Chapter 86 / Section 8604
§ Â
        8604. Acceptance of and compliance with federal and state legislation and regulations.
Status: in_force

(a) DACCTE shall comply with the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) [20 U.S.C. § 2301 et seq.] and subsequent reauthorization thereof. DACCTE is subject to requirements of the Carl D. Perkins Career and Technical Education Act of 2006, implementing regulations thereto, and any state laws or regulations related to career and technical education. As used in this title, “career and technical education” has the same meaning as “vocational-technical education.”

(b) The State Treasurer is the fiscal agent for DACCTE and shall make disbursements upon the order of the Council to carry out its functions.
14 Del. C. § 6504 — Delaware Code / Title 14 / Chapter 65 / Section 6504
§ Â
        6504. Board of Trustees â Composition, appointment or election, term and vacancies.
Status: in_force

(a) The Board of Trustees of the University shall consist of 15 members whose appointment or election is provided for in subsections (b) and (c) hereof and the Governor of the State and the President of the University, both of whom shall be members of the Board, ex officio.

(b) Eight of the trustees shall be appointed and commissioned by the Governor for a term of 6 years each, to begin upon the expiration of the term of the trustee whom each is to succeed. Two such trustees shall reside in each county of the State.

(c) Seven of the trustees shall be elected by a majority of the whole Board as constituted. One such trustee shall reside in each county of the State. They shall be elected for a term of 6 years each beginning September 1 in the year of election. The election of these trustees shall be held on the date and in the manner established in the bylaws. The first set of trustees elected under this subsection shall be elected as follows:

In 1957, 1 member shall be elected for a 4-year term and 1 member for a 5-year term. In 1958, 1 member shall be elected for a 6-year term and 1 member for a 5-year term and in 1959, 1 member shall be elected for a 6-year term.

(d) The Governor shall fill any vacancies that occur as to appointments made by the Governor, and the Board shall fill any vacancies that occur as to elections made by the Board. All vacancies occurring for reasons other than the expiration of the term shall be filled for the unexpired term.
14 Del. C. § 2115 — Delaware Code / Title 14 / Chapter 21 / Section 2115
§ Â
        2115. Rules and regulations governing fiscal records pertaining to bonds.
Status: in_force

The Permanent Budget Commission shall promulgate and enforce rules and regulations governing the fiscal records to be maintained by the State Treasurer and the districts pertaining to bonds of such districts and school bonds of the City of Wilmington.
14 Del. C. § 4306.  — Delaware Code / Title 14 / Chapter 43 / Section 4306. 
§ Â
        4306. . Notification to school districts.
Status: in_force

The Department of Education shall provide notification to local school districts of the newly created portal at least once per school year.
14 Del. C. § 1029 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1029
§ Â
        1029. Vocational-technical school districts; school boards.
Status: in_force

(a) Vocational-technical school districts superimposed on other reorganized school districts shall be operated and maintained as other reorganized school districts under the control of the State through its Department of Education as provided in this Code.

(b) In each reorganized vocational-technical school district there shall be a vocational-technical school board which shall have the authority to administer and to supervise all the vocational-technical centers or schools of the vocational-technical school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the vocational-technical centers or schools of the reorganized vocational-technical school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State through its Department of Education as provided in this Code. All vocational-technical centers or schools shall come within the authority of the vocational-technical school board in the county in which they are located.
14 Del. C. § 1302 — Delaware Code / Title 14 / Chapter 13 / Section 1302
§ Â
        1302. Application of chapter.
Status: in_force

This chapter applies to every school district, the Department of Education and all employees who teach in state institutions pursuant to unit allocations as set forth in § 1703 of this title.
14 Del. C. § 9004 — Delaware Code / Title 14 / Chapter 90 / Section 9004
§ Â
        9004. Disclosure of campus security policy.
Status: in_force

(a) Each participating institution shall publish, in conjunction with the annual report of campus crime statistics specified under § 9003(b) of this title, information with regard to campus security policies as required for compliance with Title II of the federal Student Right-To-Know and Campus Security Act (P.L. 101-542 as amended). This information shall be provided to any person upon request.

(b) Each institution shall also develop and adopt written security rules, regulations and procedures. Such rules, regulations and procedures shall include, but need not be limited to, the following information:

(1) Procedures for responding to emergencies or criminal actions.

(2) Procedures for securing campus buildings and residence halls.

(3) Procedures for investigating violations of criminal statutes and university regulations.

(4) Procedures related to campus police and other security personnel activity within student housing facilities which are owned or leased by the institution.

(5) Rules and regulations governing the possession and use of firearms by campus police and other security personnel.

(6) Rules and regulations governing the possession and use of firearms on campus by employees, students and visitors.

(7) Security considerations used in the construction, maintenance, groundskeeping and lighting of campus buildings and grounds.

(8) Methods used to inform the campus community about public safety matters.
14 Del. C. § 9206 — Delaware Code / Title 14 / Chapter 92 / Section 9206
§ Â
        9206. Use of refunding bond proceeds.
Status: in_force

(a) Whenever refunding bonds are issued to refund bonds, the proceeds of which were used to make Authority loans, the Authority may reduce the amount it is owed by the institutions which had received Authority loans from the proceeds of the refunded bonds.

(b) The institutions may use this reduced amount to reduce the amount of interest being paid on education loans which the institutions had made pursuant to the Authority loans from the proceeds of the refunded bonds.

(c) All expenses incurred in carrying out this section shall be payable solely from funds provided under the authority of this section and, except as otherwise provided, no liability shall be incurred by the Authority beyond the extent to which moneys shall have been provided under this section.
14 Del. C. § 2721 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2721
§ Â
        2721. Definitions.
Status: in_force

In this chapter:

(1) “Court” means either the Justice of the Peace Court or Family Court.

(2) “Parent” means a biological or natural parent, an adoptive parent, a person legally charged with the care or custody of a person under 18 years of age, a person who has assumed responsibility for the care of a person under 18 years of age, or a person acting as a caregiver pursuant to the provisions of § 202(f) of this title who has enrolled the pupil in grades kindergarten through 12 of a public school in this State.

(3) “Principal” means the highest administrative official of a public school and includes a person or group of persons designated by the principal to deal with school attendance.

(4) “Record” means written materials and exhibits forwarded to a court by the school with a referral under this subchapter or admitted into evidence at a court hearing.

(5) “School year” means the period of attendance determined by a pupil’s local school board pursuant to § 1049 of this title, or in the case of a charter school as determined by the board of directors of the charter school consistent with the school’s charter, and any additional academic improvement activities identified in § 2702(g) of this title that a pupil may be required to attend during or following such period of attendance.

(6) “Student” means a person who is enrolled in kindergarten through grade 12 of a public school of this State.

(7) “Truant” means a student who has been absent from school without valid excuse for more than 3 school days during a school year.

(8) “Valid excuse” means an excuse which is approved in the regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of this title, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school.
14 Del. C. § 3416 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3416
§ Â
        3416. Career-based scholarships.
Status: in_force

(a) It is the intent and purpose of the General Assembly through this subchapter to enable and encourage academically talented Delawareans to pursue careers in specific fields identified as areas of need within the State.

(b) A committee of 5 to 8 members chosen by the Office for their knowledge of and expertise in employment trends in Delaware will review employment trends in Delaware and identify no more than 8 to 10 high need career fields from which scholarship applicants will be chosen. The career fields will be reviewed every 5 years by the committee. Additionally, the committee will define retention strategies to encourage recipients to pursue careers in Delaware. Contingent upon funding from the General Assembly and based on the size of the applicant pool, at least 1 student in each high need career field will be awarded a career-based scholarship annually.

(c) To be eligible for a career-based scholarship an applicant must meet all of the following criteria:

(1) The applicant must be enrolled in an undergraduate program of study leading to a career in a high need field as determined by the committee under subsection (a) of this section.

(2) The applicant must be a resident of this State.

(3) The applicant must be enrolled at a college or university that is located in Delaware and is accredited by an accrediting agency recognized by the U.S. Secretary of Education.

(d) The amount of an award is determined by the Office.

(e) Awards are renewable for up to 3 additional years if the student remains enrolled in a program of study leading to a career in a high need field as determined under subsection (a) of this section and maintains satisfactory academic progress.

(f) If the committee determines that a particular high need field is no longer high need, students enrolled in a program of study leading to a career in that field will be eligible to renew their scholarship up to 3 additional years.
14 Del. C. § 8905 — Delaware Code / Title 14 / Chapter 89 / Section 8905
§ Â
        8905. Use of funds.
Status: in_force

(a) The Department of Education shall adopt and promulgate rules and regulations concerning the use to which teacher of the year award funds may be assigned by the designated recipient.

(b) The amount set aside for designation by an award recipient shall be expended solely to accomplish educational purposes or objectives for pupils. No amount or portion of such award shall be used for the personal benefit of the award recipient; provided, however, that in the use of such funds for educational purposes the recipient may be an indirect or incidental beneficiary as teacher of the benefited pupils. In the event that all funds set aside for an award recipient have not been completely expended by that recipient at the time when a subsequent award is granted, the remainder of the former recipient’s award shall not revert, but shall remain set aside in the name of such former recipient until such time as it is totally expended or the recipient dies or leaves the State.

(c) The recipient shall present to the superintendent of the school district in which that recipient is employed a plan for utilization of the award. Such submission shall not waive the right of the recipient to judge and choose but shall be in order to avoid wasteful duplication of materials or violation of school district policy regarding students, materials or activities. The principal criteria for use of the Fund shall be that of educational benefit to pupils. The Fund may be designated for, but not limited to, such items as:

(1) Purchase of nonconsumable materials and supplies; e.g., library books, audio visual equipment, computer equipment and programs, musical instruments, specialized furniture.

(2) Purchase of otherwise consumable materials that are used in the production of a student designed item; e.g., artist’s or draftperson’s paper, canvas, paints, instruments, wood and metal.

(3) Payment for student travel; e.g., prepared visits to museums, theaters, historic sites, laboratories when these are related to classroom study.

(4) Employment of performers and consultants; e.g., touring companies of a dramatic or musical group, visiting artist, poet, author, musician or historian.

(5) Reimbursements to the recipient, not to exceed $500, for personal expenses.

(d) Where the recipient has purchased materials, equipment or any other durable item with award funds, such item shall be the property of the Delaware school district in which the recipient is employed at the time of the expenditure. Each invoice, purchase order and personal reimbursement form related to withdrawals from teacher of the year award funds shall be retained by the school district, and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.
14 Del. C. § 9003F — Delaware Code / Title 14 / Chapter 90F / Section 9003F
§ Â
        9003F. Provision of services.
Status: in_force

A consultation to provide services under this chapter may be performed by a provider at the student health center or by a provider who is associated with a university-contracted external agency.
14 Del. C. § 1706 — Delaware Code / Title 14 / Chapter 17 / Section 1706
§ Â
        1706. Determination of amount of Division II appropriation.
Status: in_force

The funds appropriated to each school district for expenses included in Division II shall be determined by providing a sum, which shall be uniform for all school districts throughout the State, for each unit of pupils in such school district provided that the sum allocated during the school year for new and additional units in a school district in which the additional units have no facilities and in which the additional units give a total number of units in excess of the maximum present at any time during the past 5 years may exceed the uniform amount appropriated for expenses included in Division II; such moneys shall be used for the purchase of textbooks, furniture and other classroom equipment.

The first paragraph of this section notwithstanding, the funds appropriated to each district for expenses included in Division II based upon each occupational-vocational unit as defined in § 1703 of this title shall be either 1, 2 or 3 times the amount determined for each non-occupational-vocational unit as designated according to rules and regulations of the Department of Education. At least 90% of the occupational-vocational unit Division II funds, with the exception of Division II-Energy funds, shall be allocated to each school that generates these funds and expended to support the State-approved occupational-vocational courses and programs at that school. Each school district shall establish line item accounts for occupational-vocational Division II funds. These funds are in addition to the regularly generated units and all other financial resources normally allocated to each school. Random audits shall be scheduled and conducted by the State Auditor. The Secretary of Education shall request an annual report from the State Auditor evidencing an audit schedule of 10% of the affected schools.

The second paragraph of this section notwithstanding, local school districts may request a waiver of the 90% requirement subject to the approval of the Executive Director of the Delaware Advisory Council on Career and Vocational Education, the Secretary of Education, and the Controller General. Such waiver requests must be submitted to the Secretary of Education by November 15 of each year. The Secretary of Education shall notify the local school districts as to the disposition of the waiver request no later than January 3 of the following year.
14 Del. C. § 3431A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVII / Section 3431A
§ Â
        3431A. Purpose.
Status: in_force

Under this subchapter, qualified students who spent part of their childhood in foster care will receive a tuition waiver to attend state institutions of higher education. It is the intent and purpose of the General Assembly, through this subchapter, to help ensure that young adults who experienced instability in their childhood and were in the State’s foster care system are provided the opportunity to improve their lives and pursue higher education regardless of financial circumstances.
14 Del. C. § 1904 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1904
§ Â
        1904. Notice of election.
Status: repealed

Repealed by 74 Del. Laws, c. 122, § 42, effective July 8, 2003.
14 Del. C. § 607 — Delaware Code / Title 14 / Chapter 6 / Section 607
§ Â
        607. Children of district employees who reside out-of-state.
Status: in_force

(a) Out-of-State children whose parent or legal guardian is employed on a full-time basis by any reorganized school district may attend school in the district where the parent or guardian is employed during the period of the parent or guardian’s employment upon written approval of the receiving district and payment of tuition if charged by the district. Such children may not be included in the annual unit count for state funding purposes.

(b) Tuition charges, if imposed, shall be computed and certified by the Secretary of Education in accordance with § 602(b) and (c) of this title.
14 Del. C. § 3137 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3137
§ Â
        3137. Hearing panel.
Status: in_force

(a) A hearing panelist may not be:

(1) A person who is an employee of a district or agency which is involved in the education or care of the child; or

(2) A person having a personal or professional interest which would conflict with that person’s own objectivity in the hearing.

(b) The Secretary of Education shall maintain a list of the persons who serve as hearing panelists. The list must include a statement of the qualifications of each of those persons.

(c) All hearing panelists shall have successfully completed such training as may be required by the Secretary of Education to ensure the adequate knowledge and competent performance of panelists.

(d) Each panel shall consist of 3 panelists, appointed by the Secretary of Education on a rotating basis, as follows:

(1) One attorney admitted to practice and in good standing with the bar of a state;

(2) One educator knowledgeable in the field of special education and special educational programming;

(3) One lay person with demonstrated interest in the education of children with disabilities included on an approved list compiled by the Advisory Council for Exceptional Citizens and submitted to the Secretary of Education.

(e) The Department with approval of the State Board of Education shall promulgate regulations which, consistent with this subchapter, further define hearing procedures and the conduct of hearing panelists which shall include standards of competency, expertise and training for hearing panelists.
14 Del. C. § 157 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 157
§ Â
        157. Parental involvement in education, expectations of parents, expectations of schools and school personnel.
Status: in_force

(a) There is no adequate substitute for the involvement of a concerned and committed family in the education of a child. The State therefore endeavors to encourage parents and families to become involved in the education of their children and to operate a system of public schools which welcomes and fosters such positive involvement by parents and families.

(b) Among the most important elements of effective parental and family involvement in education are: communication—regular, 2-way, meaningful communications between parents and schools; effective parenting skills—the exercise by parents of good parenting skills for the benefit of their children and the fostering of such skills by public schools; parental involvement in student learning—parents play an integral role in student learning and emphasize the importance of education, and schools assist parents in these endeavors; volunteerism—parents are welcomed by schools, and commit themselves to providing support to their children’s schools as volunteers; school based decisionmaking—parents involve themselves in the educational decisionmaking process at the school and district level and are welcomed in that role by schools; collaboration with the community—parents and schools work together to strengthen the connection between families, schools and community resources such as nonprofit organizations, business and religious institutions.

(c) The Department of Education shall work with the Delaware State Congress of Parents and Teachers to promulgate and maintain in current form a Parents’ Declaration of Responsibilities reflecting the elements set forth in subsection (b) of this section and such other elements of effective parental and family involvement as the Department identifies. Such Declaration shall identify responsibilities for parents and families, as well as the responsibilities the public schools have to help parents meet such responsibilities.

(d) The Department of Education shall encourage local school districts and schools to adopt the Parents’ Declaration of Responsibilities as local policy and to encourage parents at the beginning of each school year to execute an agreement to commit themselves to carry out, to the best of their abilities, the responsibilities outlined in the Declaration.
14 Del. C. § 4119 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4119
§ Â
        4119. Metal detectors.
Status: in_force

The school board of each school district shall have authority to employ the use of metal detectors, or any other similar security devices, to prevent pupils from bringing dangerous instruments, deadly weapons or any other contraband into the schools. Any school board exercising its authority under this section shall promulgate rules and regulations governing the implementation and use of such security devices.
14 Del. C. § 5503 — Delaware Code / Title 14 / Chapter 55 / Subchapter I / Section 5503
§ Â
        5503. 4-H Boysâ and Girlsâ Clubs.
Status: in_force

The sum of $750 shall be appropriated annually to the School of Agriculture, University of Delaware, for the purpose of payment of scholarships to 4-H Boys’ and Girls’ Clubs and for maintenance of the Junior Short Course at the University.
14 Del. C. § 101 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Establishment of the Department of Education.
Status: in_force

The general administration of the educational interests of the State shall be vested in a Department of Education within the Executive Branch, hereinafter in this title referred to as the “Department.”
14 Del. C. § 3101A — Delaware Code / Title 14 / Chapter 31A / Section 3101A
§ Â
        3101A. Short title.
Status: in_force

This chapter may be cited as the “Infants and Toddlers Early Intervention Act.”
14 Del. C. § 503 — Delaware Code / Title 14 / Chapter 5 / Section 503
§ Â
        503. Legal status.
Status: in_force

A charter school is a public school including 2 or more of grade kindergarten through 12 managed by a board of directors, which operates independently of any school board, under a charter granted for an initial period of 4 school years of operation and renewable every 5 school years thereafter by a public school district or the State Department of Education (hereinafter in this chapter, “Department”) with the approval of the State Board of Education (hereinafter in this chapter, “State Board”), pursuant to this chapter. For purposes of this chapter as it relates to the management of a charter school, the board of directors of a charter school shall be a public body subject to the requirements of Chapter 100 of Title 29 and shall have the same standing and authority as a Reorganized School District Board of Education, except the power to tax.
14 Del. C. § 4121 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4121
§ Â
        4121. Video cameras on public school property.
Status: in_force

The school board of each school district shall have authority to establish and implement programs to use video cameras for surveillance on public school property, including, but not limited to, classrooms, halls, auditoriums, cafeterias, gymnasiums and parking areas, for the purpose of monitoring student behavior to help ensure the safety of students and teachers. However, no video camera shall be used for classroom surveillance, pursuant to this section, unless the principal of the school and the teacher of the classroom consent to the surveillance.

Before exercising its authority under this section, a school board shall promulgate rules and regulations governing the implementation and use of video cameras in classrooms. However, in no event shall video cameras be used at any time or at any location which would violate a student’s reasonable expectation of privacy including, but not limited to, locker rooms, areas where students may disrobe and lavatories.
14 Del. C. § 8103 — Delaware Code / Title 14 / Chapter 81 / Section 8103
§ Â
        8103. Academic institution; prohibited acts.
Status: in_force

(a) An academic institution shall not request or require that a student or applicant disclose any password or other related account information in order to gain access to the student’s or applicant’s social networking site profile or account by way of an electronic communication device.

(b) An academic institution shall not require or request that a student or applicant log onto a social networking site, mail account, or any other internet site or application by way of an electronic communication device in the presence of an agent of the institution so as to provide the institution access.

(c) No public or nonpublic academic institution shall monitor or track a student’s or applicant’s personal electronic communication device by installation of software upon the device, or by remotely tracking the device by using intercept technology.

(d) An academic institution shall not request or require a student or applicant to add the employer or its representative to their personal social networking site profile or account.

(e) An academic institution is prohibited from accessing a student’s or applicant’s social networking site profile or account indirectly through any other person who is a social networking contact of the student or applicant.
14 Del. C. § 1108 — Delaware Code / Title 14 / Chapter 11 / Section 1108
§ Â
        1108. Student Loan Program.
Status: in_force

(a) The Department of Education with State Board approval may provide a Student Loan Program and shall make rules and regulations for the conduct of this Program to include at least the following:

(1) The candidate for a loan must have been admitted to an accredited institution of higher learning in a program that will result in training and certification in Delaware as a teacher in a critical curricular area designated by the Department of Education with State Board approval;

(2) The recipient of any such loan shall execute a promissory note in the amount of the loan to the State Treasurer;

(3) The loan will be forgiven on the basis of 2 years of teaching as a certified teacher in an actual critical curricular area in a Delaware public elementary or secondary school for each year of college training;

(4) Such loan shall be interest free to persons who meet the teaching obligation;

(5) Necessary replacement procedures and interest requirements for persons who do not teach or fulfill the teaching obligation as provided in paragraph (a)(3) of this section shall be established by the Department of Education with State Board approval;

(6) The loan may be renewed from year to year through a 4-year training program, based upon the criteria adopted by the Department of Education with State Board approval;

(7) A student selected for such a program may attend any accredited college or university in the United States where the appropriate training will result in certification as a teacher in this State.

(b) A loan made pursuant to subsection (a) of this section may be forgiven by the Secretary of Education if the Secretary determines that the recipient is unable to meet that recipient’s repayment obligation because of total and permanent disability or death. The Secretary may require such documents as the Secretary considers necessary to verify a claim of disability or death, including but not limited to a sworn affidavit from a qualified physician or a death certificate. Notwithstanding any provision to the contrary in this chapter, the Department of Education may promulgate rules and regulations to implement this subsection.
14 Del. C. § 9001 — Delaware Code / Title 14 / Chapter 90 / Section 9001
§ Â
        9001. Short title.
Status: in_force

This chapter shall be known and may be cited as the “College and University Security Information Act.”
14 Del. C. § 164A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 164A
§ Â
        164A. Placement and attendance.
Status: in_force

A. Course placement. — When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career-challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).

B. Educational program placement. — The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to:

(1) Gifted and talented programs; and

(2) English as a second language (ESL).

This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. Special education services. — (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP); and

(2) In compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing § 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Placement flexibility. — Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities. — A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
14 Del. C. § 3112 — Delaware Code / Title 14 / Chapter 31 / Subchapter II / Section 3112
§ Â
        3112. Bill of Rights for Children Who Are Deaf or Hard of Hearing.
Status: in_force

(a) Given the unique communication needs for children who are deaf and hard of hearing there is a need to further develop the comprehensive statewide program which implements a systematic approach to service these children in areas which may include overseeing the development, delivery, and data tracking of these children across the State.

(b) The term “communication mode or language mode” means 1 or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing:

(1) American Sign Language;

(2) English-based manual or sign systems;

(3) Oral, aural, speech-based training;

(4) Spoken and written English, including speech reading or lip reading; and

(5) Communication with assistive technology devices to facilitate language and learning.

(c) In developing an individualized education plan (IEP) for a child who is deaf or hard of hearing, in addition to any other requirements established by the Department of Education, the district or charter school shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. The school system shall consider the child’s specific communication needs and address those needs as appropriate in the child’s individualized education program. In considering the child’s needs, the district or charter school shall expressly consider the following:

(1) The child’s individual communication mode or language;

(2) The availability to the child of a sufficient number of age, cognitive, academic, and language peers of similar abilities if the parents so desires;

(3) The availability to the child of deaf or hard of hearing adult models of the child’s communication mode or language;

(4) The provision of optimal, direct, and ongoing language access to teachers of the deaf and hard of hearing, interpreters, psychologists, educational audiologists, administrators, and other special education personnel who are knowledgeable due to specific training and who are proficient in the child’s primary communication mode or language;

(5) The provision of communication-accessible academic instruction, school services, and direct access to all components of the educational process, including but not limited to, recess, lunch and extracurricular social and athletic activities including the equal opportunity to participate in advanced course work and/or technical vocational course work and academic classes as identified by the Individual Education Program team;

(6) Enabling a parent or guardian to make informed decisions concerning which educational options are best suited to the parent’s or guardian’s child, and be involved in determining the optimal services, placement and content of their individual program; and

(7) Equipping children who are deaf or hard of hearing with appropriate assistive technology across a full spectrum.

(d) No child who is deaf or hard of hearing shall be denied the opportunity for instruction in a particular communication mode or language solely because another communication mode or language was originally chosen for the child.

(e) A variety of factors may be considered when determining the optimal instruction in a communication mode, including but not limited to:

(1) Changes in the child’s hearing or vision;

(2) Development in or availability of assistive technology;

(3) The physical and acoustic design of the learning environment; and

(4) The subject matter.

(f) A child may receive instruction in more than 1 communication mode or language.
14 Del. C. § 5521 — Delaware Code / Title 14 / Chapter 55 / Subchapter II / Section 5521
§ Â
        5521. Administration of program.
Status: in_force

The aid program shall be administered by the officer of the University of Delaware who is designated by the President as responsible for the total University financial aid program.
14 Del. C. § 3508 — Delaware Code / Title 14 / Chapter 35 / Section 3508
§ Â
        3508. District and hours of school attendance.
Status: in_force

Attendance at part-time schools or classes shall be in the school district where the minor resides or is employed and shall be during the hours of 8:00 a.m. and 5:00 p.m., except on Saturday, when the hours shall be from 8:00 a.m. until noon.
14 Del. C. § 4137C — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4137C
§ Â
        4137C. Free school breakfasts [For application of this section, see 85 Del. Laws, c. 65, Â 33; 85 Del. Laws, c. 110, Â 2].
Status: in_force

(a) For purposes of this section:

(1) “Breakfast” means as defined in 7 C.F.R. § 220.2.

(2) “Community eligibility provision” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(f).

(3) “Department” means the Department of Education.

(4) “Provision 1” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(a).

(5) “Provision 2” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(b).

(6) “Provision 3” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(d).

(7) “School Breakfast Program” means the federal School Breakfast Program, 42 U.S.C. § 1773 et seq.

(b) A public school that participates in the School Breakfast Program shall make available a breakfast free of charge to any attending student regardless of household income.

(c) (1) The Department shall reimburse a public school providing a free school breakfast under this section.

(2) The Department may not reimburse a public school for more than 1 free breakfast per student per breakfast meal service.

(3) Reimbursements must be made for each budget year.

(4) Subject to paragraph (c)(2) of this section, reimbursements must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program.

(d) This section does not apply to a school participating in any of the following:

(1) Community eligibility provision.

(2) Provision 1.

(3) Provision 2.

(4) Provision 3.
14 Del. C. § 1111A — Delaware Code / Title 14 / Chapter 11A / Section 1111A
§ Â
        1111A. Severability [Transferred].
Status: in_force

Transferred to § 3437(k) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 1912 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1912
§ Â
        1912. Assessment list; school capitation tax.
Status: in_force

The school board of the district in which an additional tax is to be levied shall use the assessment list of the county in which that district is located as a basis for any school district tax. There may also be added a school capitation tax on all persons 18 years of age and upward residing in the district of such amount as shall be determined by the board, provided that such school capitation tax is approved by the voters of the district in the same manner as required by this chapter for the levy of taxes upon the assessed value of real estate.

In the event a school capitation tax is approved by the voters of the district in New Castle County, the Department of Finance shall collect such taxes and make deposits of the moneys so collected in accordance with § 1917 of this title. Warrants or drafts on the said fund shall be drawn by the school board of the district.

Every person who would be entitled to any exemption from taxation if such person owned real estate, pursuant to subchapter II of Chapter 81 of Title 9, shall be entitled to an exemption from the school capitation tax, whether such person owns real estate or not.
14 Del. C. § 3125A — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3125A
§ Â
        3125A. Individualized education program (IEP) training for charter schools.
Status: in_force

Effective January 1, 2016, each charter school will designate and maintain at least 1 professional staff member who has completed training approved by the Department of Education regarding the legal responsibilities of charter schools with respect to preparation of IEPs for students with disabilities and resources available to charter schools to assist in preparation of such programs. The Department of Education, by regulation, shall define the scope and timetable of initial and refresher training.
14 Del. C. § 8525 — Delaware Code / Title 14 / Chapter 85 / Section 8525
§ Â
        8525. Unlawful acts of school employees not ground for revocation of certificate; exception.
Status: in_force

Any unlawful act or violation of any of the provisions of this chapter upon the part of any agent or employee of a business or trade school shall not be cause for the revocation of the certificate of approval unless it shall appear to the satisfaction of the Department that any 1 or more of the controlling officers, members or managing employees had guilty knowledge thereof.
14 Del. C. § 8901D — Delaware Code / Title 14 / Chapter 89D / Section 8901D
§ Â
        8901D. Established.
Status: in_force

There is hereby established a series of Educational Support Professional of the Year Awards the purpose of which is to reward outstanding educational support professionals throughout the State.
14 Del. C. § 3122 — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3122
§ Â
        3122. Identification and reporting of child with a disability.
Status: in_force

(a) Except as noted in subsection (b) of this section regarding parentally-placed private school children, each school district shall be required to identify, locate and evaluate, or reevaluate, any children with disabilities residing within the confines of that school district, including children with disabilities who are homeless children or wards of the State, regardless of the severity of the disability, and who are in need of special education and related services.

(b) Each school district, excluding vocational school districts, shall be required to identify, locate and evaluate, or reevaluate, any children with disabilities who are enrolled by their parents in private schools located within the confines of that school district, regardless of the severity of the disability, and who are in need of special education and related services.
14 Del. C. § 8230 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8230
§ Â
        8230. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Oversight. — (1) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact shall have standing as statutory law.

(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

(3) All courts and all administrative agencies shall take judicial notice of the Compact, the rules of the Commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this Compact, or which may affect the powers, responsibilities, or actions of the Commission.

(4) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) Default, technical assistance, and termination. — (1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the default.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Commissioners of the member states, and all rights, privileges and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the state licensing authority and each of the member states.

(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(f) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

(g) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(h) Dispute resolution. — (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.

(2) The Commission shall promulgate a rule providing for both binding and nonbinding alternative dispute resolution for disputes as appropriate.

(i) Enforcement. — (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
14 Del. C. § 9215 — Delaware Code / Title 14 / Chapter 92 / Section 9215
§ Â
        9215. Accounts; annual report; audit.
Status: in_force

(a) The Authority shall keep full and accurate accounts of its activities and operations and shall annually in the month of January make a report to the Governor, the Controller General, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Secretary of Finance.

(b) The report shall cover the preceding fiscal year and shall include a complete operating and financial statement for that year and a summary of the residences of the recipients of education loans. The Authority shall cause an audit of its books and accounts to be made at least once each year by independent certified public accountants, and the cost thereof shall be paid by the Authority from funds available to it pursuant to this chapter.
14 Del. C. § 4131 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4131
§ Â
        4131. Notification of provisions pertaining to school crimes.
Status: in_force

At the commencement of each school year, the school board of each school district shall ensure that each student enrolled in the district and the parent of each student shall receive notice of the following:

(1) The provisions of § 621 of title 11 which prohibit making a false statement which causes evacuation of a school or other place of assembly and the penalties for such an offense;

(2) The provisions of § 4110 of this title, which prohibit disturbing schools or destroying school property and the penalties for such offenses;

(3) The provisions of § 4112 of this title, which require the reporting of school crimes.

As used in this section, “parent” means natural parent, adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age.
14 Del. C. § 5112 — Delaware Code / Title 14 / Chapter 51 / Section 5112
§ Â
        5112. Endowment fund.
Status: in_force

The college fund, created by resolution of the General Assembly of January 28, 1824, and transferred by Act of February 5, 1833, to “The Trustees of Newark College,” and all other funds, stock, money or property belonging to or appropriated for, or raised, paid or payable to the University of Delaware, by that or any other name, or to any of its predecessors, shall be a part of the endowment of the University, and shall be held, appropriated and used as such by the University.
14 Del. C. § 3485 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3485
§ Â
        3485. Definitions.
Status: in_force

As used in this subchapter:

(1) “Account” means an individual account, a trust account or a savings account established in accordance with this subchapter.

(2) “Account owner” means the individual, individuals, or the trustee of a trust identified at the time the account is opened as having the right to withdraw funds from the account.

(3) “Board” means the Plans Management Board pursuant to § 2722 of Title 29.

(4) “Designated beneficiary” means, except as provided in § 3490 of this title, the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified education expenses or, if such designated beneficiary is replaced in accordance with § 3490 of this title, such replacement.

(5) “Financial institution” means a bank, a commercial bank, a national bank, a savings bank, a savings and loan, a thrift institution, a credit union, an insurance company, a trust company, a mutual fund, an investment firm or other similar entity authorized to do business in this State.

(6) “Higher education institution” means an eligible education institution as defined in 26 U.S.C. § 135(c)(3).

(7) “Member of the family” shall have the same meaning as contained in 26 U.S.C. § 529(e) or successor section.

(8) “Nonqualified withdrawal” means a withdrawal from an account that is not:

a. A qualified withdrawal;

b. A withdrawal made as the result of the death or disability of the designated beneficiary;

c. A withdrawal made as the result of a scholarship (or allowance or payment described in 26 U.S.C. § 135(d)(1)(B) or (C)) received by the designated beneficiary, but only to the extent of the amount of such scholarship, allowance or payment; or

d. A rollover or change in the designated beneficiary described in § 3490 of this title.

(9) “Plan” means the DE529 Education Savings Plan established by this subchapter.

(10) “Qualified education expenses” means tuition and other permitted expenses as set forth in 26 U.S.C. § 529(e) or as hereafter permitted by such successor or amended section for the enrollment or attendance of a designated beneficiary at a education institution.

(11) “Qualified withdrawal” means a withdrawal from an account to pay the qualified education expenses of the designated beneficiary, but only if the withdrawal is made in accordance with the requirements of the Plan.

(12) “Trust” means a trust which is revocable or irrevocable and which has at least 1 individual as its current beneficiary.
14 Del. C. § 8503 — Delaware Code / Title 14 / Chapter 85 / Section 8503
§ Â
        8503. Necessity for certificate of approval; person eligible; nontransferability; display; approved list.
Status: in_force

(a) No person, partnership or corporation, whether its main office be located within or outside the State, shall conduct a private school or classes as herein defined, or instruct individuals in business or trade subjects in this State, without having been issued a certificate of approval by the Department. A person, partnership or corporation shall be qualified to receive a certificate of approval who complies with every standard, rule and regulation of the Department pertaining to this chapter, who pays the fee for a certificate of approval, and whose school, after an examination conducted under the direction of the Department, is approved by the Department. Such certificates of approval are not transferable.

(b) The certificate of approval shall be prominently displayed at some place on the premises of the school open to the inspection of all interested persons.

(c) The Department shall maintain open to public inspection a list of schools approved under this chapter and may annually publish such list.
14 Del. C. § 1275 — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1275
§ Â
        1275. DPAS II Advisory Committee.
Status: in_force

(a) The Secretary shall convene and provide administrative staff to the Delaware Performance Appraisal System II Advisory Committee. The Committee shall consist of the following members:

(1) Three public school teachers appointed by the Delaware State Education Association.

(2) Three public school administrators appointed by the Delaware Association for School Administrators.

(3) One public school superintendent or his or her designee, appointed by the School Chiefs’ Association.

(4) A member of a local school board appointed by the Delaware State School Board Association.

(5) A parent with a child or children in public school selected by the Delaware Parent-Teacher Association.

(6) A representative of higher education appointed by the Governor from an institution that offers a teacher preparation program authorized by the Department.

(7) A representative from the Office of the Governor.

(8) The Chair of the Education Committee of the Delaware House of Representatives, or the Chair’s designee.

(9) The Chair of the Education Committee of the Delaware Senate, or the Chair’s designee.

(10) One ex-officio, nonvoting, representative from the Department, appointed by the Secretary.

(11) One ex-officio, nonvoting, representative from the State Board of Education, appointed by the President of the State Board of Education.

(b) The Committee shall meet at least once a quarter each year.

(c) Annually the Committee shall designate a Chairperson and a Vice Chairperson from amongst its membership.

(d) The Committee shall review data produced by the Delaware Performance Appraisal System II to advise the State’s efforts to ensure fidelity of system implementation statewide, the accuracy and reliability of the data collected by the Department, and the State’s use of the data to improve educator quality and provide meaningful and professional development opportunities.

(e) The Committee shall review any aspects of the State’s ESEA flexibility application which involve the educator evaluation system and any renewal, extensions, or amendments to the application that deal with educator evaluation prior to submission to the U.S. Department of Education.

(f) The Department shall provide the Committee with data produced by the Delaware Performance Appraisal System II, as necessary for the Committee to fulfill its responsibilities pursuant to subsection (d) of this section and to make recommendations regarding educator quality, professional development, and system design and implementation.

(g) The Committee may provide comments in writing to the Governor, Secretary of Education, the State Board of Education, and the General Assembly on subsections (d), (e), and (f) of this section.

(h) The Delaware Performance Appraisal System II Advisory Committee shall review any proposed regulations to be promulgated pursuant to this subchapter and shall submit written comments concerning the same to the Secretary and to the State Board prior to the State Board’s consideration of any proposed regulations.
14 Del. C. § 2408 — Delaware Code / Title 14 / Chapter 24 / Section 2408
§ Â
        2408. Governorâs Advisory Councilâs review.
Status: in_force

The Governor’s Advisory Council for Exceptional Citizens (GACEC), in its advisory capacity as authorized by § 3111 of this title shall meet annually with Department of Education and Department of Correction designated representatives to discuss the operation of the joint agency prison education program. No more frequently than every other year, the GACEC may conduct a site visit, which may include interviews and access to public records pursuant to its advisory authority under § 3111 of this title. Prior to commencing the review, the GACEC, Department of Correction and Department of Education shall agree upon the scope and purpose of the review. Any site visit, interviews, and public record reviews shall be coordinated by a representative(s) of the joint agency prison education program and shall be conducted in a manner consistent with any common law privileges, applicable federal and state laws, and security procedures and considerations. The GACEC will include findings related to site visits and program review and assessment in its annual report.
14 Del. C. § 4011A — Delaware Code / Title 14 / Chapter 40 / Section 4011A
§ Â
        4011A. Majority verification procedure.
Status: in_force

(a) Notwithstanding any other provision of this section, an employee organization may file a petition with the Board requesting certification as the exclusive representative of an appropriate bargaining unit based on a verification that over 50% of the employees in the proposed appropriate bargaining unit wish to be represented by the petitioner. The Board shall require dated representation authorization signatures of affected employees as verification of the employee organization’s claim of status.

(b) Upon receipt of an employee organization’s petition, accompanied by employee authorization signatures under this section, the Board shall investigate the petition. If the Board determines that over 50% of the employees in an appropriate bargaining unit have provided authorization signatures designating the employee organization specified in the petition as their exclusive representative, the Board may not order an election but shall certify the employee organization.
14 Del. C. § 105 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 105
§ Â
        105. State Board of Education procedures.
Status: in_force

(a) The State Board shall hold an annual meeting in Dover each July and, at each annual meeting, elect 1 of its members to serve as Vice-President. Other meetings must be held at such times and places as the duties and business of the State Board require, consistent with the requirements of § 104(k) of this title. A motion or resolution may not be adopted without the concurrence of a quorum of the State Board.

(b) Whenever this Code requires that the State Board approve a regulation or other action proposed by the Department, the State Board must decide whether to approve such regulation or action at a meeting held in conformity with Chapter 100 of Title 29. Provided that the Department has complied with Chapter 101 of Title 29 in proposing a regulation or other regulatory action to the extent such action is governed by Chapter 101 of Title 29, the State Board is not subject to Chapter 101 of Title 29 in approving or refusing to approve the proposed regulation or other regulatory action.

(c) (1) The State Board shall permit public comment on each agenda item before voting on the agenda item and in proximity to the time at which the State Board discusses the agenda item.

(2) Notwithstanding paragraph (c)(1) of this section, the State Board is not required to permit public comment on an agenda item that, under Delaware law or Department or State Board rules, has a formal comment period or a process for making a record in an administrative matter that has closed before the State Board’s discussion of the agenda item, including charter school applications or formal reviews, amendments to Department and Professional Standards Board regulations, and student appeals.
14 Del. C. § 4012 — Delaware Code / Title 14 / Chapter 40 / Section 4012
§ Â
        4012. Employee organizations required to register and submit annual reports.
Status: in_force

Every employee organization which has or seeks recognition as a representative of public school employees under this chapter shall file with the Board a registration report, signed by its president or other appropriate officer. Such report shall be updated on an annual basis by any organization which continues to have or seeks recognition, shall be in a form prescribed by the Board and shall be accompanied by 2 copies of the employee organization’s constitution and bylaws. All changes or amendments to such constitutions and bylaws shall be promptly reported to the Board.
14 Del. C. § 1049B — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1049B
§ Â
        1049B. School board training.
Status: in_force

(a) (1) In order to best understand the educational and legal issues involved in special education due process hearings, each school board member must complete training at the beginning of that member’s term on a school board concerning special education due process hearings.

(2) In order to understand and fulfill the requirements of office, each school board member must complete training on all of the following at the beginning of that member’s term on a school board:

a. Requirements for school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29.

b. Best practices regarding the conduct of meetings, including the use of rules of order.

c. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29.

(b) (1) The Department of Education (Department) shall establish through regulations, the criteria, material, and method of the training required under paragraph (a)(1) of this section. The delivery of the training may be delegated to or purchased from another entity.

(2) a. The Department must identify trainings on the topics required under paragraph (a)(2) of this section.

b. Each school district is responsible for offering the trainings required under paragraph (a)(2) of this section to school board members. The delivery of the training may be delegated to or purchased from another entity.

(3) The training required under subsection (a) of this section must be offered virtually at least twice a year.

(c) The president of a school board shall inform each newly-elected or appointed member of the school board of the obligation to complete training under subsection (a) of this section. By January 15 each year, the president of a school board shall send a letter to any board member who has not completed the training required under subsection (a) of this section by January 1 following the board member’s election or appointment.

(d) The training and notices required under this section may be combined with the training and notices required for financial responsibility training under § 1803 of this title.
14 Del. C. § 1007 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1007
§ Â
        1007. Interim boards; membership; authority.
Status: in_force

(a) When a reorganized school district, excluding a vocational-technical school district, is divided pursuant to this subchapter and § 1028(k) of this title, there shall be an interim board of education for each district being created. The interim board of education shall have 7 members, one of whom resides in each nominating district. Each member of the board of education of the district being divided shall become a member of the interim board of the district being created and from the nominating district in which that member resides, provided that the member’s term on the interim board shall terminate on the date on which that member’s term on the board of education of the district being divided terminates. Any person who succeeds a member of the board of the district being divided shall also succeed that person as a member of the interim board. Except with regard to persons appointed to fill vacancies, the remainder of the members of the interim board of education shall be chosen by election pursuant to the following procedure:

(1) Candidates for the interim board of education shall be nominated in accordance with § 1075 of this title except that a nominee must be a resident of the nominating district that nominee will represent;

(2) A nominating petition in support of any nominee may be signed by any resident of the school district qualified to vote in the election proposed;

(3) Election of members of the interim board shall be at large in the geographic area encompassed by the school district being created, provided that no person may vote for more than 1 person who resides in each nominating district;

(4) The election shall be conducted in accordance with subchapter IV of this chapter; provided, however, that:

a. The election shall be held within 130 days of the approval by the State Board of Education of the plan for division of the district pursuant to § 1028(k) of this title on a date chosen by the department of elections of the county in which the district is located after consultation with the State Board of Education or its designee; provided, however, that it shall not be held in November or December;

b. The election shall be conducted by the department of elections of the county in which the district is located. The cost of the election shall be borne by the school district being divided;

c. In the case of a tie between nominees from the same nominating district, the member shall be chosen by a run-off election to be held within 30 days.

(b) Not later than 10 calendar days after the election of the members of an interim board, the President of the State Board of Education or the President’s designee shall meet the new board and swear in the members and shall on the same occasion instruct the board immediately to organize according to this chapter.

(c) Each new board so organized shall serve as an interim board of education for the reorganized district until the date set by the State Board of Education for the establishment of the new school district according to § 1004 of this title.

(d) Each interim board shall have all of the authority of a board of education as set forth in this title for the sole purpose of planning and preparing for the establishment of a reorganized school district to be established on the date set by the State Board of Education. The authority herein granted to each interim board may include but is not limited to the authority to set tax rates in accordance with this title, negotiate contracts, employ personnel for assignment as of the date of implementation of the new district and select a name for the reorganized school district.

(e) The interim board may employ personnel for immediate assignment to execute the policies of the interim board.

(f) All persons elected to the interim board or appointed to fill a vacancy shall be members of the interim board until it is dissolved on the date selected by the State Board of Education pursuant to § 1004 of this title for implementation of the reorganization. A vacancy on the interim board shall be filled by the remaining members of the interim board who shall appoint a person who resides in the nominating district in which that person’s predecessor resided.

(g) Each interim board shall devise a budget to support its operation during the period from the date of its organization until the date set by the State Board of Education for implementation of the new district and present that budget to the State Board of Education for review and approval on a date set by the State Board of Education which shall be not more than 30 calendar days after the date that the interim board is organized. The State Board of Education shall approve or make modifications in and approve the budget not later than 10 days after it is presented by the interim board.

(h) If the district being divided or consolidated fails to contribute to the interim board the amount assessed against it, according to this section, within 10 calendar days of receipt of the statement of assessment delivered by certified mail, the interim board shall report the delinquency to the State Board of Education, which shall in turn verify the delinquency and certify its finding to the Secretary of Finance. Upon certification of the Secretary of Finance, the State Treasurer shall pay the assessed amount to the interim board from such funds as are available in the state and local district accounts for the delinquent district.

(i) Prior to the organization of the interim board, the State Board of Education shall engage in planning to effectuate the division of the school district. The board of education of the school district being divided shall, at the request of the State Board of Education, assign personnel to assist the State Board of Education.

(j) Nothing herein shall alter the procedure or timing of elections for membership on the board of education of the district being divided.
14 Del. C. § 1214 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1214
§ Â
        1214. Advanced licensure â Renewal.
Status: in_force

Upon application, the Department shall renew an advanced license for an additional 10-year term, provided that the educator maintained proficiency under the program for which the advanced license was first issued.
14 Del. C. § 3910 — Delaware Code / Title 14 / Chapter 39 / Section 3910
§ Â
        3910. Death benefits.
Status: in_force

Upon the death of an individual receiving a pension under this chapter, the sum of $5,000 shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, the amount of this benefit shall be paid to the deceased pensioner’s estate.
14 Del. C. § 2724 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2724
§ Â
        2724. Notification to parents and students.
Status: in_force

At the beginning of a school year each school district or public school shall notify each student and the parent of each student of the school attendance requirements of this Code, including the procedures and penalties applicable to truancy. The school district or school may determine the form of the notification.
14 Del. C. § 5109 — Delaware Code / Title 14 / Chapter 51 / Section 5109
§ Â
        5109. Audit of accounts.
Status: in_force

The accounting records of the University may be audited by the Auditor of Accounts of the State or such other auditing official as the General Assembly may from time to time appoint. Neither this nor any other law of this State, however, shall hereafter be construed as imposing any duty upon, or creating the occasion for, any state official (with the exception of such state officials as may from time to time also be Trustees of the University) to audit, question or inquire into the receipt, handling or expenditure of any funds coming to the University from any source other than a state appropriation, provided, however, that if the University should hereafter commingle funds which came from a state appropriation with other funds, the audit of state appropriated funds may be made complete even if in the process of doing so, because of such commingling, nonstate funds have to be audited as well.

The University shall continue the practice, which has heretofore been followed on a voluntary basis, of obtaining an annual certified audit of all its financial transactions and making the audit report available to the Board of Trustees.
14 Del. C. § 203 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 203
§ Â
        203. Special programs.
Status: in_force

The Department with the approval of the State Board of Education and the school board of any local reorganized school district, either separately or jointly, may establish special programs for children who are in need of education not provided for in regular classes or schools. Such special programs may include, but are not limited to, bilingual programs, programs for persons who are truant or insubordinate or programs for pregnant students.
14 Del. C. § 9136 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9136
§ Â
        9136. Designation, numbering, and date of bonds.
Status: in_force

Any bonds issued under this chapter must be designated by the name of the College and the year in which the bonds are issued. The bonds must be numbered consecutively and bear the date approved by the Board. Each of the bonds must be numbered consecutively and the coupons attached to the bonds must bear the same number as the bond itself.
14 Del. C. § 805 — Delaware Code / Title 14 / Chapter 8 / Section 805
§ Â
        805. School transition plans and grants.
Status: in_force

(a) A school community which chooses to begin transition to shared decision-making, as defined herein, may apply to the Department of Education via the local board of education for a school transition grant. The State shall provide funding for such grants as authorized in § 807(d) and (e) of this title.

(b) The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of school transition grants, based upon the recommendations of an advisory committee comprised of representatives of the school community, and promulgate such guidelines by January 1, 1997. The guidelines shall require, but not be limited to, specifying that the school demonstrates that the school has:

(1) Conducted structured conversations and activities and has agreed to make the transition to shared decision-making as evidenced by the Report and Recommendation signed by representatives of the School Advisory Committee as specified in § 804(c)-(e) of this title;

(2) Established a School Transition Team;

(3) Established a working procedure for the School Transition Team to reach decisions and resolve conflicts;

(4) Validated significant support from members of the school community;

(5) Committed to develop a school improvement plan including comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these goals and including staff development for building the necessary capacities and skills to successfully implement shared decision-making and improve parental involvement;

(6) Established plans for communicating the results of the school improvement plan to the broader school community for information and critical review; and

(7) Described how the various stakeholder groups will formally express their opinion regarding the school transition plan prior to its adoption by the local board of education.

(c) The Department of Education and the relevant local district administration shall provide school transition teams with assistance, guidance and strategies to initiate, develop and formally adopt their transition plans.

(d) The local board of education, following public review and comments, shall adopt the school transition plan unless evidence demonstrates that the school’s transition plan is inconsistent with specific provisions of the adopted district transition plan and such disapproval shall extend only to such inconsistent provisions of the school transition plan.
14 Del. C. § 2109 — Delaware Code / Title 14 / Chapter 21 / Section 2109
§ Â
        2109. Designation, numbering and date of bonds.
Status: in_force

Any bonds issued pursuant to this chapter shall be designated by the name of the district issuing the bonds and the year in which the bonds are issued. The bonds shall be numbered consecutively and shall bear date as of the date approved by the school board of the district issuing the bonds. Each of the bonds shall be numbered consecutively and the coupons attached thereto shall bear the same number as the bond itself.
14 Del. C. § 1327 — Delaware Code / Title 14 / Chapter 13 / Section 1327
§ Â
        1327. Leave of absence for person in military service.
Status: in_force

(a) If a regularly appointed and employed principal, teacher or other employee of a school district is called to the service of or voluntarily enters the armed forces of the United States of America or the National Guard of this State when in continuous active service, the school board shall grant to such principal, teacher or other employee a leave of absence which shall cover the period of military service, not to exceed 3 years, or until the term of service to which he or she has been called is terminated, and upon the completion of the leave of absence reinstate such principal, teacher or other employee in the position which he or she held at the time that the leave of absence was granted. The contract with such principal, teacher or other employee shall continue in force under the same conditions as if the principal, teacher or other employee had been in the continuous service of the board during the period of the leave of absence; provided, such regularly appointed and employed principal, teacher or other employee has received a certificate of satisfactory completion of military service.

(b) Any principal, teacher or other school employee taking a leave of absence authorized by subsection (a) of this section who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty to augment active forces for any operational mission, shall continue to receive the principal’s, teacher’s or other school employee’s state compensation during the initial period of active duty prescribed by the military, to be reduced by any military compensation received. While on such leave of absence, for a period not to exceed 2 years, the employee and the employee’s dependents shall continue to receive benefits provided under any applicable group health insurance plan offered by the school district, provided that the employee continues to pay any employee-share premium for such plan. The Department of Human Resources shall develop any rules and regulations necessary to implement the provisions of this subsection. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to state compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later.

(c) For the purpose of subsection (b) of this section state compensation shall be limited to the state share of the base salary as calculated from the appropriate salary schedule, administrative supplements and all other stipends. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation multiplied by the ratio of state compensation to total compensation.

(d) The person who may be appointed to replace the principal, teacher or other employee shall be appointed only for the period covered by the leave of absence.
14 Del. C. § 8902 — Delaware Code / Title 14 / Chapter 89 / Section 8902
§ Â
        8902. Procedure.
Status: in_force

Each year every school district throughout this State shall conduct a study within each school building to determine those certified employees (teachers) who are deserving of the title “teacher of the year” from that building. One teacher of the year may be selected to represent all of the charter schools in the State. The selection process will follow the guidelines developed by the Department of Education which includes input from teachers, administrators and Department of Education staff. After the buildings make their individual selections, the district-wide teacher of the year shall be selected from each district, following the current guidelines. The final step will be the selection of the state “teacher of the year.”
14 Del. C. § 8528 — Delaware Code / Title 14 / Chapter 85 / Section 8528
§ Â
        8528. Previously existing schools; temporary authorization.
Status: repealed

Repealed effective July 13, 2002, by § 190 of 71 Del. Laws, c. 180, as affected by 72 Del. Laws, c. 433, § 1.
14 Del. C. § 2703 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2703
§ Â
        2703. Private school attendance or other educational instruction.
Status: in_force

Section 2702 of this title shall not apply to any student enrolled in a private school who is receiving regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement, provided that such private school is subject to and in compliance with § 2704 of this title. For the purposes of this section, any student who is home-schooled in any manner provided for in § 2703A of this title shall also be exempt from the provisions of § 2702 of this title. Notwithstanding the foregoing, the Justice of the Peace Court may retain jurisdiction over any case of truancy filed pursuant to § 2729 (failure to send) of this title or § 2730 (failure to attend) of this title prior to a student withdrawing from the public school bringing the charge and enrolling in a private or nonpublic school of this State.
14 Del. C. § 3461 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3461
§ Â
        3461. Critical need reimbursement program.
Status: in_force

Transferred to § 3436 of this title by 83 Del. Laws, c. 413, § 3, effective July 1, 2022. Section 3436 of this title was subsequently transferred to § 3435 of this title to conform to redesignations made in view of 84 Del. Laws, c. 350, § 2, effective Aug. 7, 2024.
14 Del. C. § 4124 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4124
§ Â
        4124. Cell phone use policy by students during school hours.
Status: in_force

(a) For purposes of this section:

(1) “Cell phone” means a portable electronic device used for communication through voice calls, text messages, or Internet access.

(2) “Instructional time” means educator-led time dedicated to teaching and learning.

(b) Each school district and charter school shall adopt a policy, with educator input, about cell phone use by students during school hours that, at a minimum, must include all of the following:

(1) Clear guidelines about what constitutes acceptable cell phone use at school.

(2) A requirement that limits cell phone use during instructional time.

(3) The designation of times and places during which students may use their cell phones at school.

(4) Guidelines that encourage communication between the schools, parents or guardians, and students about the cell phone use policy.

(5) A system of appropriate consequences for violations of the cell phone use policy.

(6) Exceptions that address, and are applicable to, emergency situations and medical or educational accommodations.

(7) A plan to monitor discipline data related to student cell phone use policy violations.

(c) Each school district and charter school shall provide its adopted cell phone policy to the Department.

(d) By August 31, 2026, each school district and charter school shall post its adopted cell phone policy on its website.

(e) Each school district and charter school shall implement and enforce its cell phone policy in a fair and consistent manner. Each school district and charter school is responsible for ensuring that implementation and enforcement is not solely the responsibility of classroom educators.

(f) (1) Each school district and charter school may amend its adopted cell phone use policy as needed.

(2) If a school district or charter school amends its cell phone use policy, it shall provide the amended policy to the Department within 90 days of the amendment.

(3) The school district or charter school shall post the amended policy on its website.

(g) The Department shall provide school districts and charter schools with model language that the school districts and charter schools may use to support the development of cell phone use policies.
14 Del. C. § 192 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 192
§ Â
        192. Ceasing operation.
Status: in_force

(a) All postsecondary institutions that have been approved to confer degrees under this subchapter or private business and trade schools that have been approved to operate under Chapter 85 of this title shall perform all of the following duties prior to ceasing operation:

(1) Promptly notify the Department, in writing, of any known financial liabilities or risks that will likely result in the imminent closure of the institution or otherwise adversely affect the institution’s ability to fulfill its obligations to admitted and currently enrolled students within 45 days of obtaining knowledge of any financial liability or risk.

(2) Promptly notify the Department and all admitted and currently enrolled students, in writing, of any decision to cease operation within 45 days of the institution’s governing body deciding to close the institution.

(3) Provide the Department with monthly progress reports on the status of communications to students, faculty, and stakeholders as well as the development of arrangements for currently enrolled students via teach-out plan or articulation agreement, beginning 30 days after notifying the Department of the decision to cease operation and continuing every 30 days thereafter until the institution is closed.

(4) Notify all currently enrolled students and students enrolled during the 5 prior years, in writing, of the process for obtaining student records after the institution’s closure and points of contact for transferring credits, financial aid, information about students’ rights and responsibilities as student loan borrowers, athletics, and support services 3 months before the institution ceases operation.

(5) Notify all currently enrolled students of the potential to discharge any federal student loans under the federal Closed School Discharge Program [20 U.S.C. §§ 1087 and 1087dd] or other applicable federal law 3 months before the institution ceases operation.

(6) Identify a custodian of student records and notify the Department of the custodian and point of contact for student records 3 months before the institution ceases operation.

(7) Provide the Department with the institution’s plan for providing monetary refunds to students and, if applicable, a copy of the institution’s current surety bond 3 months before the institution ceases operation.

(8) Provide the Department with the institution’s teach-out plan, report, and responses to the institution’s accrediting agency upon submission to or receipt from the accrediting agency 3 months before the institution ceases operation.

(9) In the event of a merger with another institution that is authorized to operate under this subchapter, both institutions will coordinate with the Department to submit an application for a certificate of approval for the newly created institution.

(b) As used in this section, “student records” means all those documents that are necessary to provide a meaningful record of student performance and financial aid, including all of the following:

(1) Academic records, including written evaluations and competency assessments.

(2) Catalogues.

(3) Change of grade forms.

(4) Class lists, including original grade sheets.

(5) Commencement programs/graduation lists.

(6) Schedules of classes.

(7) Financial aid transcripts and supporting documents.
14 Del. C. § 3443 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3443
§ Â
        3443. Herman M. Holloway, Sr. Memorial Scholarship.
Status: in_force

(a) One scholarship will be awarded each year to a student who will enter Delaware State University.

(b) The Office will award scholarships only to students who received an offer of admission from Delaware State University. The award must be accepted by the deadline established by the Office and may not be deferred.

(c) Scholarships will be awarded in an amount sufficient to meet the costs of tuition, required fees, room, board, and books at Delaware State University.
14 Del. C. § 305 — Delaware Code / Title 14 / Chapter 3 / Section 305
§ Â
        305. Board composition.
Status: repealed

(a) The Board of Directors consists of 17 members, 15 of whom are voting members. The membership is composed as follows:

(1) The President of the Delaware Chief School Officers Association, of the Delaware Association of School Administrators, or the President’s designee.

(2) Three public school principals. Each of these members must represent a different county in this State, and each member must represent a member school.

(3) One nonpublic school head of school or the equivalent, who represents a member school.

(4) Four athletic directors. Three of the members must represent a different county, and 1 member must represent a nonpublic school.

(5) One of the following professionals, who is knowledgeable about sports medicine:

a. A physician.

b. A physician assistant.

c. An advanced practice registered nurse.

(6) One mental or behavioral health specialist who is employed by a member school.

(7) One athletic trainer.

(8) Three public members, 1 each appointed by the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor, and composed as follows:

a. One member may be a parent of a current or recent student athlete from a member school.

b. Each member must be a Delaware resident for at least 3 years.

c. Each member must be knowledgeable about athletics.

d. A member may not be an employee of a member school.

e. A member may not have a material financial interest in providing goods or services to the Association or a member school.

(9) The Director of Athletics, Community, and Campus Recreation of the University of Delaware, or the Director’s designee. This is a nonvoting member.

(10) The Director of Athletics of Delaware State University, or the Director’s designee. This is a nonvoting member.

(b) The Governor shall appoint, with the advice and consent of the Senate, each member except a member who serves by virtue of position or a member that the Speaker of the House of Representatives or President Pro Tempore of the Senate appoints under paragraph (a)(8) of this section. The Governor shall consider knowledge of athletics in general and interest in interscholastic athletics in deciding whom to appoint.

(c) (1) A member who is not appointed under this section by virtue of position serves a 3-year term and may not serve more than 3 terms or a total of 9 years. The terms may be consecutive or nonconsecutive. The Governor, Speaker of the House of Representatives, or President Pro Tempore of the Senate may appoint a member for a term of less than 3 years to ensure terms expire on a staggered basis.

(2) The member who is appointed under paragraph (a)(5) of this section has no limit to the number of years per term or number of terms that the member serves, except that the member serves at the Governor’s pleasure.

(d) A member serves until a replacement is appointed under the same process as the member’s appointment. A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaces.

(e) [Repealed.]

(f) An act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for an appointment or attempted appointment in violation of this section unless the amendment or revision amends this section to permit the appointment or attempted appointment.

(g) A school district or nonpublic school may not have more than 1 member on the Board.

(h) (1) An appointing authority under this section may remove that appointing authority’s member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office.

(2) An appointing authority may consider that appointing authority’s member who is in neglect of duty in office or ceases to meet a county representation or residency requirement to have resigned and may accept the member’s resignation.

a. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular board meetings or attends less than 50% of board meetings in a calendar year, unless a majority of the board excuses the member for good cause.

b. A member ceases to meet a residency requirement if the member is no longer a resident of the county in which the member resided when appointed to the Board and the residency was a requirement of the appointment.

(i) A member who may select a designee must select the designee only from that member’s organization, to serve in the member’s stead and at the member’s pleasure. The member must provide the designation to the chair in writing. A designee has the same duties and rights as the member the designee represents.
14 Del. C. § 3489 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3489
§ Â
        3489. Prohibitions.
Status: in_force

(a) No account nor any interest in an account may be assignable or pledged or otherwise used to secure or obtain a loan or other advancement.

(b) No refund of a qualified educational expense payment may be paid by an education institution directly to the designated beneficiary or to the account owner. Any refund of qualified tuition expenses owed by an education institution on account of an overpayment of educational expenses must be refunded to the Plan for credit to the designated beneficiary’s account.

(c) A qualified withdrawal that is used to pay for qualified education expenses must be paid jointly to the designated beneficiary and the education institution or directly to the education institution. A payment of qualified education expenses may not be made directly to the beneficiary.

(d) Total contributions to all accounts established on behalf of a particular beneficiary in excess of those reasonably necessary to meet the designated beneficiary’s qualified education expenses are prohibited.

(e) Except as permitted in 26 U.S.C. § 529 and regulations thereunder, no person shall have the right to direct the investment of any contributions to or earnings from the Plan.
14 Del. C. § 1920 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1920
§ Â
        1920. Penalty.
Status: in_force

Whoever, being a receiver of taxes and county treasurer of any county, or other person authorized to collect school taxes, or a member of any school board, fails, neglects or refuses to perform all or any of the duties imposed upon that person by this chapter shall be fined not less than $10 nor more than $100.

Justices of the peace shall have jurisdiction of offenses under this section.
14 Del. C. § 606 — Delaware Code / Title 14 / Chapter 6 / Section 606
§ Â
        606. Out-of-state students.
Status: in_force

A child with a disability who is a resident of a state or country other than Delaware or the United States of America may be accepted, at the discretion of the receiving district, to attend a Delaware school under the following restrictions:

(1) Children with disabilities, only, as defined in § 3101 of this title, or for whom units are specified in § 1703 of this title, may be accepted for admission to a district to receive special education and related services after the receipt of certification from the Secretary of Education that provisions have been made for all eligible state students;

(2) Full tuition costs as determined annually by the Secretary of Education shall be paid in advance by semester by the out-of-state or out-of-country school district, state or national agency or parent. The tuition cost shall reflect all state, local district and federal expenditures for the education of children with disabilities counted in preschool, intensive or complex units, excluding pupil transportation costs which shall not be the responsibility of the receiving Delaware school district or the State. State costs shall be reimbursed to the General Fund of the State and local district costs shall be retained by the receiving district.
14 Del. C. § 1004 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1004
§ Â
        1004. Implementation; date of reorganization.
Status: in_force

Whenever any school district is reorganized either by consolidation of whole or parts of whole districts into a new district or districts or by division of a district or by a combination of consolidation and division of districts, the State Board of Education shall set the date upon which the implementation of the reorganized district or districts shall occur, after which date the reorganized district or districts shall be organized and administered according to this title and the school board of the former school district shall be dissolved.
14 Del. C. § 3466 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3466
§ Â
        3466. Tuition and fees for spouses and children of active duty military.
Status: in_force

Notwithstanding any other provision of this code, the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, is deemed to be an in-state resident for the purposes of determining tuition, fees, and other charges at Delaware public universities, colleges, or community colleges, and is entitled to pay the tuition, fees and other charges imposed upon Delaware residents as long as the spouse or child remains enrolled at such institution.
14 Del. C. § 3427A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3427A
§ Â
        3427A. Disbursement.
Status: in_force

(a) Funds awarded under this subchapter are to be disbursed on a semester by semester basis upon receipt of enrollment verification.

(b) A disbursement of funds on behalf of a student under this subchapter may not exceed the tuition charged by the institution at which the student is enrolled.
14 Del. C. § 2121 — Delaware Code / Title 14 / Chapter 21 / Section 2121
§ Â
        2121. Authority to tax; scope of this chapter.
Status: in_force

The board of education of any school district which has issued bonds under the authority of any former school law of this State shall levy and collect taxes to provide funds for the payment of the interest on the bonds and for the retirement of the bonds as they shall fall due. The provisions of this chapter relative to the assessment, the rate of taxation and the levy and collection of taxes, and the deposit of taxes collected, and the disbursement thereof, shall apply to the case of school districts which have issued bonds under any former law of this State which have not been paid in whole or in part both principal and interest.
14 Del. C. § 4701 — Delaware Code / Title 14 / Chapter 47 / Section 4701
§ Â
        4701. Definitions  [For application of this section, see 84 Del. Laws, c. 524, Â 2].
Status: in_force

For purposes of this chapter:

(1) “Career and technical education program of study” means programs established by the Department of Education that provide students with rigorous academic content, relevant technical knowledge and skills, and leadership development or provide students with the opportunity to participate in work-based learning and to earn a recognized postsecondary credential as well as advanced postsecondary credit or standing.

(2) “Local education agency” means a traditional school district, vocational-technical school district, or charter school, legally constituted and established under Delaware law for either administrative control or the direction of public elementary or secondary schools.

(3) “Teacher academy” means a career and technical education program of study offered in public schools, including charter and vocational-technical schools, that prepares students for careers in elementary and secondary education.
14 Del. C. § 3130 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3130
§ Â
        3130. Opportunity to examine records and educational program.
Status: in_force

(a) The parents of a child with a disability, either personally or through a representative, shall be afforded an opportunity to inspect and review all records with respect to:

(1) The identification, evaluation and educational program and placement of the child; and

(2) The provision of a free, appropriate, public education to the child.

(b) The parents, either personally or through a representative, shall have the right to obtain copies of all records, except the actual evaluation or examination instrument, described in subsection (a) of this section either without charge, or, at the discretion of the district or state agency, at a fee not to exceed actual cost. Under no circumstances shall a fee be assessed which effectively prevents parents from exercising their right to inspect, review and copy records.

(c) The parents of a child with a disability shall have the right to visit and observe, either personally or through a representative, their child’s current or proposed public educational program.
14 Del. C. § 4103 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4103
§ Â
        4103. Teaching Constitution of the United States, Constitution and government of Delaware and the free enterprise system.
Status: in_force

(a) In all public and private schools located within this State, there shall be given regular courses of instruction in the Constitution of the United States, Constitution and government of Delaware and the free enterprise system.

(b) The instruction in the Constitution of the United States, Constitution and government of Delaware and the free enterprise system shall begin not later than the opening of the eighth grade and shall continue in the high school courses and in courses in state colleges, universities and the educational departments of state and municipal institutions. The extent and content of such courses below the college level shall be determined by the Department of Education with the approval of the State Board of Education. In institutions of higher learning the trustees or other governing body of such institutions shall determine the extent and content of such courses.

(c) In addition to the general requirements required by subsections (a) and (b) of this section, 1 calendar day per school year may be specifically and solely devoted to the study of the United States Constitution and the Declaration of Independence in every grade consistent with state content standards starting in first grade and continuing through twelfth grade. The program of instruction for each grade shall be determined by each individual school district.
14 Del. C. § 5302 — Delaware Code / Title 14 / Chapter 53 / Section 5302
§ Â
        5302. Summer school for teachers and instructional aides [Operation suspended pending appropriations; see 85 Del. Laws, c. 62, Â 301].
Status: in_force

The University shall maintain at the University, for a period of not less than 6 weeks during the summer of each year, a school for teachers and instructional aides in which shall be given courses in pedagogy and such other subjects as will give increased efficiency to those who are now teaching or providing instructional assistance or wish to prepare to teach in the free public schools of this State. The courses given in the school shall be arranged by the University. All persons who are now teaching, or providing instructional assistance or who will give satisfactory assurance to the Department of Education that they intend to teach in the free public schools of this State shall be admitted into the school, so long as class space is available and provided their applications are approved by the Department. Tuition shall be free to all Delaware teachers and instructional aides who meet University requirements.
14 Del. C. § 186 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 186
§ Â
        186. Certificate of approval to operate a postsecondary institution.
Status: in_force

(a) No person may operate a postsecondary institution without having obtained a certificate of approval from the Department. In order for the Department to issue a certificate of approval, a person must have the power to confer degrees from another state or territory, meet all of the statutory requirements in this subchapter, meet all of the regulatory requirements set forth in the Department’s regulations adopted pursuant to this subchapter, and pay the application fee. Notwithstanding the foregoing, the Department may issue a certificate of approval to a person who has the power to confer degrees from another state or territory and meets the requirements of a reciprocity agreement to which the Department is a party. A certificate of approval is not transferrable.

(1) If a person does not have approval to confer degrees from another state or territory and the person wishes to confer degrees, the person must obtain approval to confer degrees from the Department as provided in § 125 of Title 8.

(2) Postsecondary institutions located outside of the United States and its territories may be considered for approval to confer degrees from the Department only upon accreditation from an accrediting agency.

(b) The person’s certificate of approval must be displayed on the person’s website and made available to students upon request.

(c) A certificate of approval is issued for a 5-year period. A person must submit an application to renew a certificate of approval prior to the certificate of approval expiring.
14 Del. C. § 7202 — Delaware Code / Title 14 / Chapter 72 / Section 7202
§ Â
        7202. School Library Review Committee; procedures.
Status: in_force

(a) There is established a School Library Review Committee. Membership is composed as follows:

(1) The President of the School Chiefs’ Association, or the President’s designee.

(2) The State Librarian, or the State Librarian’s designee.

(3) The Secretary of the Department of Education, or the Secretary’s designee.

(4) The President of the Delaware State Education Association, or the President’s designee.

(5) The President of the Delaware Association of School Administrators, or the President’s designee.

(6) The President of the Delaware Association of School Librarians, or the President’s designee.

(7) The President of the Delaware Library Association, or the President’s designee.

(b) The Committee may adopt procedural rules to carry out its functions under this chapter.

(c) A majority of the committee members must be present at a committee meeting in order to have a quorum and conduct official business. A majority of the members present is sufficient to approve an action of the Committee.

(d) The State Librarian, or the librarian’s designee, shall be the chair of the committee.

(e) The Department of Education shall provide reasonable staff support to assist the Committee in performing its duties under this title.
14 Del. C. § 1068 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1068
§ Â
        1068. Indian River School Board [For application of this section, see 83 Del. Laws, c. 251, Â 7].
Status: in_force

(a) Notwithstanding anything contained in this chapter to the contrary, the School Board of Indian River School District shall be composed of 10 members.

(b) The Indian River School District is hereby divided into 5 representative districts as follows:

(1) District Number 1. — Beginning on Route 28 where Fleetwood Pond Branch crosses Route 28, east on Route 28, crossing Route 113 to the Georgetown town limits (1 mile circle); right on School Lane following the southern boundary of the Town to South Bedford Street; right and south on South Bedford Street to Route 318; left on Routes 318 and 321 to Route 47; right on Route 47 to Route 30; left and north on Route 30 to Gravel Hill; right at Gravel Hill on Route 18 to Route 5 at Harbeson; left on Route 5 to the presently established boundary between Indian River School District and Cape Henlopen School District; thence following the Indian River School District and Cape Henlopen School District boundary, westerly from Route 5 to the intersection of Routes 238 and 239; thence westerly on Route 238 to the North Fork of Gravelly Branch; thence southwesterly along Gravelly Branch and Collins Pond to Route 18; left on Route 18 to Route 527; right on Route 527 to its intersection with Route 526 and Route 516; thence southeasterly to the intersection of Route 529 and Route 46; easterly along Route 46 for a distance of approximately one tenth mile to a point where Tyndall Branch crosses Route 46; thence following Tyndall Branch, Fleetwood Pond, Fleetwood Pond Branch in a southeasterly direction to the beginning point on Route 28. The last portion of this description being the established boundary line of the Indian River School District and the Milford School District, the Woodbridge School District and Seaford School District.

(2) District Number 2. — Beginning at a point where Fleetwood Pond Branch crosses Route 28; southeasterly along said Branch to a point where it crosses Route 444 approximately seven tenths mile north of Route 20; south on Route 444 to Route 20; left on Route 20 to Jones Crossroads; thence southeasterly in a straight line between Jones Crossroads and Pusey’s Crossroads to a point on Route 74 approximately 1.1 mile west of its intersection with Route 20; left on Route 74 to Route 20; right on Route 20 to Route 113 (Bob’s Diner) crossing Route 113 to State Street and continuing on State Street easterly to Betts Mill Pond Bridge; thence following this stream and the south bank of the Millsboro Pond to the Mill Dam at Route 24; thence easterly along Route 24 to the Herring Creek Branch; thence following the established boundary between Indian River School District and Cape Henlopen School District westerly and northerly following a portion of the Beaverdam Creek and Route 259 to its intersection with Route 5. The remaining portion of District Number 2 shall be described by the southern boundary of District Number 1.

(3) District Number 3. — Beginning at a point 1.1 mile west of Route 20 on Route 74; thence along the established boundary line between Indian River School District and Laurel School District to Pusey’s Crossroads at Route 472; left on Route 472 to a point where the Pocomoke River reaches Route 472; thence southeasterly along the Pocomoke River to Route 424; right on Route 424 to Route 24; left on Route 24 to Route 25; right on Route 25 to Route 26; left on Route 26 to Route 113; right and south for a distance of approximately .5 mile to the southern boundary of the Town of Dagsboro; thence easterly along the town boundary line to Pepper Creek; thence north and east along Pepper Creek to Indian River Bay and Rehoboth Bay to Herring Creek; thence westerly along Herring Creek to Route 24. The remaining northern boundary for District Number 3 shall coincide with the description of the southern boundary of District Number 2.

(4) District Number 4. — Beginning on Route 113 at its intersection with Route 26; south on Route 113 to Frankford; thence following the southern boundaries of Frankford and Vines Creek to the place where Vines Creek crosses Route 54; thence east along Route 54 to Route 382 (Omar); right on Route 382 through Roxana to Route 382A; right on Route 382 to Route 389; right on Route 389 to Route 396; right on Route 396 to the Delaware and Maryland state line. The remaining boundaries of this District are as follows: The southern boundary is the Delaware and Maryland state line; the eastern boundary is the Atlantic Ocean; the northern boundary is the Indian River Bay from Indian River Inlet to Pepper Creek and the southern boundary of the Town of Dagsboro as described as the southern boundary of District Number 3.

(5) District Number 5. — Beginning on Route 413B at its intersection with Route 24; south on Route 413B; thence following the established boundary line between Indian River School District and Delmar School District through Pepper Box and Whitesville to the Delaware-Maryland line; thence easterly along the Delaware-Maryland line to Route 396 at Williamsville; thence northerly to Dagsboro following the here described westerly boundary of District Number 4 and westerly through Mission following the southern boundary of District Number 3 herein described.

(c) At the regular school election in 1973 the qualified electors shall choose 1 member from Representative District No. 2 for a term of 2 years; 1 member from Representative District No. 3 for a term of 5 years; and 1 member from Representative District No. 5 for a term of 3 years.

(d) At the regular school election in 1974 the qualified electors shall choose 1 member from Representative District No. 1 for a term of 3 years; 1 member from Representative District No. 2 for a term of 4 years; 1 member from Representative District No. 4 for a term of 5 years; and 1 member from Representative District No. 5 for a term of 5 years.

(e) All subsequent school board elections shall follow the schedule herein listed:

(f) Each school board member shall be elected for a term of 4 years, commencing on July 1 following the school board member’s election, except when such election is to fill an unexpired term, as provided in this chapter, until a successor has been elected and duly qualified.

(g) All members of the Board of Education of Indian River School District shall be elected from the several representative districts in which they reside by the qualified electors of those districts. Each member of the Board of Education shall be an inhabitant of the Indian River School District and of the representative district from which that member is elected. All qualifications to be a member of the Board of Education shall be continuing qualifications and the failure of any member of the Board of Education to have any of the qualifications required by this title during that member’s term of office shall create a vacancy in the office.