14 Del. C. § 3467 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3467
§ Â
        3467. Volunteer firefighter educational benefits.
Status: in_force

(a) For purposes of this section, “member” means as defined in § 6646 of Title 16.

(b) An active member is eligible for postsecondary education tuition reimbursement pursuant to this section under the following conditions:

(1) The member must apply for tuition reimbursement in accordance with rules and regulations promulgated by the State Fire Prevention Commission.

(2) Education benefits authorized by this section may be used only at a college or university within the State.

(3) A member may be reimbursed under this program for only 2 classes or courses of instruction for undergraduate study or 1 class or course for graduate study each grading period. The classes will be reimbursed at 100% of the tuition paid following the completion of the course with a grade of “C” or better.

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

(c) This tuition reimbursement program is subject to the limits of the total funding appropriated by the General Assembly for this purpose.

(d) To receive tuition reimbursement for a postsecondary class or course of instruction authorized by this section, a member must do both of the following:

(1) Earn a grade no lower than a 2.0 on a 4.0 scale, or its equivalent, for each class or course of instruction for which the tuition reimbursement is granted. In any class or course of instruction for which a specific grade is not issued, the member must show documentation to verify satisfactory completion.

(2) Submit to the State Fire Prevention Commission within 30 days after completing a class or course of instruction proof of all of the following:

a. Course title and grade received.

b. Amount of tuition paid for the course.

c. Name of the postsecondary institution where the course was taken.

d. A letter from the chief of the member’s volunteer fire department certifying the member is on active status.

(e) A member who ceases to be active or leaves membership will no longer be eligible for tuition reimbursement, but will not be required to repay any tuition reimbursement for any course completed in compliance with this section.

(f) The State Fire Prevention Commission shall include in the Commission’s annual report all of the following:

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

(2) The total amount of tuition expenditures made pursuant to this section during the year.

(g) The State Fire Prevention Commission shall adopt rules and regulations necessary and proper for the efficient administration of this section. The rules and regulations must contain appeal procedures.
14 Del. C. § 9003 — Delaware Code / Title 14 / Chapter 90 / Section 9003
§ Â
        9003. Crime statistics.
Status: in_force

(a) Each participating institution shall prepare a report, on at least a monthly basis, of the numbers and types of reported criminal offenses occurring on property owned or controlled by the institution within the same contiguous geographic area and used by the institution in direct support of, or related to its educational purposes; or any building or property owned or controlled by student organizations recognized by the institution. Such report shall be public record and shall be provided to any person upon request. Reports prepared pursuant to this subsection shall be consistent with the crime reporting format mandated by 34 C.F.R. Part 668, Section 668.48 “Institutional Security Policies and Crime Statistics.”

(b) The crime statistics as reported under subsection (a) of this section shall also be published on an annual basis for the most recent 3-year period, where available, in a campus newspaper or other suitable ways prescribed by the institution’s chief executive officer for the information of all students and employees. Institutions with more than 1 campus shall provide the required information on a campus-by-campus basis.
14 Del. C. § 4112 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112
§ Â
        4112. Reporting school crimes.
Status: in_force

(a) Definitions. — The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(1) “Crime” includes a felony, misdemeanor or violation defined in the Delaware Code, as well as behavior by a person under 18 years of age which would be considered a felony, misdemeanor or violation if it had been committed by an adult.

(2) “Non-instructional designee” means a school employee whose primary job duty does not include teaching students.

(3) “Notification” means direct contact by telephone, facsimile, electronic mail, Department of Education electronic filings, in person, or by certified mail, unless otherwise designated.

(4) “Parent” includes natural parent, adoptive parent, or any person, agency, or institution that has temporary or permanent custody or guardianship over a student.

(5) “Parent conference” includes a meeting by telephone or in person, unless otherwise designated.

(6) “Principal” means the building principal, or the equivalent of the building principal, of any public school or charter school, or the building principal’s designee.

(7) “School employee” includes all persons hired by a school district, attendance zone or charter school; subcontractors such as bus drivers or security guards; substitute employees; and persons hired by or subcontracted by other state agencies to work on school property.

(8) “School function” includes any field trip or any officially sponsored public or charter school event.

(9) “School property” means any building, structure, athletic field, sports stadium or real property that is owned, operated, leased or rented by any public school district or charter school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted by any public school or charter school.

(10) “School volunteer” means a person 18 years of age or older who, without compensation, renders service to a public or charter school. “School volunteer” includes parents who assist in school activities or chaperone school functions.

(11) “Superintendent” means the superintendent of any public school district or charter school, or the equivalent of a superintendent, or the superintendent’s designee.

(12) “Suspension” means either an external or an internal removal of a student from the general school population.

(13) “Violent felony” means a crime designated in § 4201(c) of Title 11.

(14) “Written report” includes printed paper filings and electronic filings that can be printed.

(b) Criminal violation; mandatory reports. — (1) Whenever a school employee has reliable information that would lead a reasonable person to believe that:

a. A student, school volunteer, or a school employee, has been the victim of:

1. A violent felony,

2. An assault III, or

3. An unlawful sexual contact III,

which occurred on school property or at a school function; or

b. A student has been the victim of:

1. A violent felony

2. An assault III, or

3. Any sexual offense, as defined in § 761(i) of Title 11,

and the offense was committed by another school employee regardless of whether the offense occurred on school property or at a school function; then the school employee who has reliable information that would lead a reasonable person to believe that a crime has been committed shall immediately report the incident to the principal.

(2) The principal must immediately make reasonable efforts to notify the parents of any juvenile victim and must send written notification of the incident to the parents within 3 business days. This paragraph does not apply if the parent is alleged to be the offender.

(3) The principal shall immediately report the incident to the appropriate police agency. The report shall be made by telephone or in person immediately and shall be followed by a written report of the school’s investigation within 3 business days.

(4) If the police agency determines that probable cause exists to believe that a crime has been committed, or if the principal later learns that a suspect has been arrested for the offense, then the principal must file a written report of the incident to the Department of Education within 5 days.

(5) Nothing in this section shall preclude a school employee who has reliable information that would lead a reasonable person to believe a crime has been committed from reporting the incident to the principal within a reasonable amount of time. In such instances where a report is made, the school officials shall follow the procedure set forth in paragraphs (b)(2) through (6) of this section. Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in § 903 et seq. of Title 16.

(6) Offenders under the age of 12. — When a misdemeanor offense listed in this subsection has allegedly been committed by a child under the age of 12, the principal is not required to notify the appropriate police agency but must file a written report of the incident with the Department of Education within 5 working days. When the alleged offense is a violent felony, the appropriate police agency must be notified by the principal of the incident even when the suspect is under the age of 12.

(7) Sexual harassment. — Whenever a school employee has reliable information that would lead a reasonable person to believe that a student has been the victim of sexual harassment, as defined in Title 11, which occurred on school property or at a school function, the harassment must be reported to the principal, who, immediately after conducting a preliminary investigation to determine if good reason exists to believe that harassment has occurred, must notify the victim’s parent of that determination, if the parent is not alleged to be the offender. The principal is not required to notify the appropriate police agency, but must file a written report with the Department of Education.

(8) Under no circumstances shall any person who has supervisory authority over the principal or any school board member exercise any control of, hinder or delay the lodging of any oral or written report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or rely upon any other person except an assistant principal to make the immediate report to the police. A person with supervisory authority over the principal or any school board member who has knowledge of an incident which is required to be reported under this section, and who has information that would lead a reasonable person to believe that it has not been reported to the police, has an affirmative duty to report the incident to the police immediately. This includes, but is not limited to, incidents in which a school employee is a possible suspect and when an administrative review is ongoing.

(c) Student possession of weapons and unlawful drugs. — Whenever a school employee has reliable information that would lead a reasonable person to believe that a person on school property or at a school function has on his or her person, concealed in that person’s possessions, or placed elsewhere on school property:

(1) Any controlled substance prohibited by Title 16; or

(2) Any deadly weapon, destructive weapon, dangerous instrument or incendiary or explosive device as prohibited by Title 11,

the school employee shall immediately report the incident to the principal, who shall conduct a thorough investigation. If the investigation verifies that good reason exists to believe that a crime has been committed, the principal shall immediately notify the appropriate police agency of the incident. If the police agency determines that probable cause exists to believe that a crime has been committed, then the principal shall file a written report of the incident with the Department of Education within 5 working days.

(d) School officials who report a crime committed by a child with a disability, as defined by § 3101(2) of this title, shall comply with 20 U.S.C. § 1415(k)(6)(B) by ensuring that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the crime is reported. An agency reporting a crime under this section may transmit copies of the child’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act [20 U.S.C. § 1232g].

(e) Penalties. — Any school employee who fails to report an incident as required by subsection (b) of this section or subsection (c) of this section shall be guilty of a violation and shall be fined not more than $250 for a first offense and not more than $500 for a subsequent offense. Any person with supervisory authority over the principal or any school board member who exercises any control of, hinders or delays the lodging of any report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police shall be guilty of a class B misdemeanor.

(f) Immunity from civil liability; review of criminal complaint. — (1) Any school employee who in good faith provides information to a police agency, a principal, a superintendent, or to the Department of Education under subsection (b) of this section or subsection (c) of this section shall not be held civilly liable for providing such information.

(2) Prior to lodging any criminal charge against a school employee for providing information pursuant to subsection (b) of this section or subsection (c) of this section to a police agency, a principal, a superintendent, or to the Department of Education, the Attorney General’s office shall be consulted to determine the appropriateness of the charge.

(3) Any report of an actual or suspected crime made by a school employee or principal pursuant to subsection (b) of this section shall be exempt from public disclosure pursuant to the Freedom of Information Act as set forth in Chapter 100 of Title 29.

(g) Confidential list of young student offenders. — Following the start of each school year, the Department of Education shall, upon request, provide to the principal of any school a list of the students enrolled in that school for the coming year who committed offenses during the previous year which were reported to the Department of Education pursuant to this section. The list shall remain confidential and shall be used by the principal only for the purpose of identifying students who may be in need of beneficial programs such as mentoring.

(h) A copy of any report required by this section to go to a principal shall be immediately submitted to the superintendent by the principal.

(i) If any report required by this section alleges any wrongdoing involving the principal, the report shall be given to the superintendent and the duties required of the principal by this section shall be the duties of the superintendent.
14 Del. C. § 3008A — Delaware Code / Title 14 / Chapter 30A / Section 3008A
§ Â
        3008A. Transfers and continuity.
Status: in_force

(a) All orders, enforcement actions, agreements of understanding, rules, and regulations made by within the Department of Services for Children, Youth and Their Families and which are in effect on July 1, 2020, remain in full force and effect until revoked or modified in accordance with the law by the Department of Education. Notwithstanding this chapter, all contracts and obligations of the Department of Services for Children, Youth and Their Families made or undertaken in the performance of a function transferred to the Department of Education by this chapter and being in force on July 1, 2020, remain in full force and effect and must be performed by the Department of Education until and unless the Department of Education takes formal action to modify any such contracts or obligations.

(b) Employees of OCCL within the Department of Services for Children, Youth and Their Families whose functions are consistent with and have been transferred to the Department of Education by this chapter continue and are deemed to be the employees of the Department of Education on July 1, 2020, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2020.
14 Del. C. § 2722 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2722
§ Â
        2722. Absences and truancy.
Status: in_force

(a) Subject to the rules and regulations of the local school board, pupils enrolled in the free public schools may be excused by the superintendent of schools or persons authorized by the superintendent. Pupils enrolled in charter schools may be excused by the principal of the school or persons authorized by the principal, subject to rules and regulations promulgated by the board of directors of the charter school.

(b) No pupil who could otherwise legally fail to attend school pursuant to § 2702(a) of this title may do so without the written consent of such person or persons having legal control of that pupil.
14 Del. C. § 1280 — Delaware Code / Title 14 / Chapter 12 / Subchapter VIII / Section 1280
§ Â
        1280. Educator preparation program approval.
Status: in_force

(a) Consistent with § 122 of this title, no individual, public or private educational association, corporation, or institution, including any institution of post-secondary education, may offer an educator preparation program for the training of educators to be licensed in this State without first having procured the assent of the Department for the offering of educator preparation programs. A program approval process based on standards adopted under this section must be established for educator preparation program approval, phased in according to timelines determined by the Department, and fully implemented for educator preparation programs in the State. Each program must be approved by the Department based upon significant, objective, and quantifiable performance measures.

(b) (1) Each educator preparation program approved by the Department shall establish rigorous entry requirements as prerequisites for admission into the program. At a minimum, each program shall require applicants to satisfy either of the following:

a. Have a grade point average of at least a 3.0 on a 4.0 scale or a grade point average in the top fiftieth percentile for coursework completed during the most recent 2 years of the applicant’s general education, whether secondary or post-secondary.

b. Demonstrate mastery of general knowledge, including the ability to read, write, and compute, by achieving a minimum score on a standardized test normed to the general college-bound population, such as Praxis, Scholastic Aptitude Test (SAT), or American College Test (ACT), as approved by the Department.

(2) Each educator preparation program may waive the admission requirements in this subsection for up to 10% of the students admitted. Programs shall implement strategies to ensure that students admitted under a waiver receive assistance to demonstrate competencies to successfully meet requirements for program completion.

(c) Each educator preparation program approved by the Department shall incorporate all of the following:

(1) A clinical residency component, supervised by high-quality educators, as defined by the Department. The clinical residency must consist of at least 10 weeks of full-time student teaching. Clinical experiences must also be interwoven throughout and aligned with program curriculum.

(2) Instruction for prospective elementary school teachers on age-appropriate mathematics content.

(3) Instruction for prospective elementary school teachers, early childhood teachers, special education teachers, and reading specialists must include a multi-componential instructional focus on all of following components of evidence-based reading instruction:

a. Language acquisition.

b. Literacy development.

c. Phonological processing.

d. Phonics and word recognition development.

e. Spelling.

f. Fluency and automaticity development.

g. Vocabulary development.

h. Text comprehension development.

i. Assessment administration and interpretation.

j. Letter formation.

k. Orthographic processing.

l. Morphological awareness.

m. Structure of language.

n. Language-based learning disabilities.

o. Written expression.

p. Interventions for struggling readers.

(4) Ongoing evaluation of students, consisting of no less than an annual evaluation, aligned to the state-approved educator evaluation system, as set forth in § 1270 of this title.

(d) (1) Each educator preparation program approved by the Department shall establish rigorous exit requirements. At a minimum, the prospective educator must achieve passing scores on both a content-readiness exam and an assessment of the prospective educator’s ability to apply pedagogical skills to meet the needs of the prospective educator’s students.

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

(e) Educator preparation programs shall collaborate with the Department to collect and report data on the performance and effectiveness of program graduates. At a minimum, the data must measure performance and effectiveness of program graduates by student achievement. The effectiveness of each graduate must be reported for a period of 5 years following graduation for each graduate who is employed as an educator in the State. Data must be reported on an annual basis. The Department shall make the data available to the public.

(f) (1) The Department shall promulgate rules and regulations governing educator preparation programs under this subchapter in collaboration with Delaware educators.

(2) The Department regulations must require a minimum number of hours of training or professional development that instructors in an educator preparation program must complete in evidence-based reading instruction under paragraph (c)(3) of this section, if providing literacy instruction for any of the following concentration or certification areas:

a. Early childhood.

b. Elementary.

c. Special education.

d. Reading specialists.

(3) a. As part of the approval and renewal process for educator preparation programs under subsection (a) of this section, the Department shall perform an audit of a program’s compliance with the reading instruction requirements under paragraphs (c)(3) and (f)(2) of this section. For this audit, the Department may observe classrooms and review work samples of program candidates.

b. If an audit finds that an educator preparation program is not compliant with the reading instruction requirements, all of the following apply:

1. The audit findings must specifically identify each area in which the program is not compliant.

2. The Department must require that the program take corrective action in each area identified under paragraph (f)(3)b.1. of this section.

c. If an audit finds that an educator preparation program is compliant with all reading instruction requirements, the Department shall award the program a specific distinction.

d. The Department must use the information gained from these audits to identify how teacher preparation in reading instruction can be improved and when possible, revise the regulations under paragraph (f)(1) of this section to implement these improvements.

e. The Department must include the audit findings under paragraphs (f)(3)a. through (f)(3)c. of this section in the reports published under subsection (e) of this section.

(g) An educator preparation program must maintain compliance with paragraphs (c)(3) and (f)(2) of this section beginning the first time the program is accredited after June 30, 2023.
14 Del. C. § 306 — Delaware Code / Title 14 / Chapter 3 / Section 306
§ Â
        306. Quorum and voting.
Status: in_force

(a) The number of board members who must be present in order to have a quorum and conduct business is the majority of appointed members. A vacancy on the Board is not counted to determine whether quorum is met.

(b) An affirmative vote of a majority of board members is required to approve an act of the Board. A vacancy on the Board is not counted for approval of an act of the Board.
14 Del. C. § 2728 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2728
§ Â
        2728. Procedure for court adjudication.
Status: in_force

(a) When the school charges a parent or a student with a violation of § 2702 of this title, the school shall file a written complaint in the court. The complaint shall be on such form(s) as the court may require. The school shall be the complainant and the parent or the student shall be the defendant. The court must determine whether probable cause exists to issue a warrant or summons against the person charged. When there is probable cause to find that a student is truant, probable cause to issue a warrant or summons for a parent shall exist when the parent is named as the parent or guardian on the student’s school records and the parent resides in Delaware.

(b) The school shall attach to the complaint any record relevant to the allegations of the complaint.

(c) When a complaint is filed, all sanctions imposed by the principal shall remain in effect unless suspended or terminated by the principal or stayed by the court.

(d) The school may request that the court postpone adjudication. The court in its discretion may postpone the proceedings and may impose conditions on the student or parent.
14 Del. C. § 1273 — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1273
§ Â
        1273. Incompetency â A pattern of ineffective teaching.
Status: in_force

A pattern of ineffective teaching shall be defined pursuant to § 1270 of this title, provided that the local school district has complied with § 1272(a) of this title. Notwithstanding any case law to the contrary, when a pattern of ineffective teaching is established, a local school district may move to terminate a teacher (as defined by § 1401 of this title) for incompetency pursuant to § 1411 or § 1420 of this title. Nothing herein shall be construed to limit a local school district’s ability to terminate a teacher for incompetency under § 1411 or § 1420 of this title where supported by factors other than a pattern of ineffective teaching, and nothing herein shall be construed to require additional factors beyond a pattern of ineffective teaching to constitute incompetency for purposes of termination.
14 Del. C. § 8520-8522 — Delaware Code / Title 14 / Chapter 85 / Section 8520-8522
§ ÂÂ
        8520-8522.  Powers of the Department; Department to provide stenographer; record of proceedings; transcript costs; Service of Departmentâs report upon respondent; motion for rehearing; time; surrender of certificate.
Status: repealed

Repealed by 75 Del. Laws., c. 122, § 5, effective July 7, 2005.
14 Del. C. § 1924 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1924
§ Â
        1924. Tax rates in districts resulting from consolidation pursuant to court order or created after February 1, 1978, but prior to July 30, 1978.
Status: in_force

(a) For the purpose of this section:

(1) “Consolidated area” shall refer to a contiguous geographical area in which all school districts (except vocational-technical school districts unless specifically included by the court or the consolidation) are being organized into 1 or more reorganized school districts.

(2) “Reorganized school district” shall mean any school district created by consolidation of whole existing school districts or parts of existing school districts or any combination thereof pursuant to court order or created by consolidation of whole existing school districts or parts of existing school districts or any combination thereof which occurs after February 1, 1978, but prior to July 30, 1978, except for consolidation of districts created specifically to administer a system of vocational and/or technical education.

(b) The interim board of education or board of education or other authority mandated by the court or by this title for each reorganized school district may annually set a tax rate for current operating expenses not greater than a maximum rate to be determined by the State Board of Education in accordance with the following mathematical procedure:

(1) Determine the total aggregate dollar amount of local tax funded current operating cost expenditure in the school districts (except vocational-technical school districts unless such districts are included in the consolidation) of the consolidated area in the year prior to consolidation. In determining such total amount the State Board shall take the known total aggregate dollar amount of local tax funded current operating cost expenditure in the fiscal year preceding the year prior to consolidation and shall adjust this amount to take into account historic annual percentage changes in such total dollar amounts;

(2) Calculate the average per pupil local tax funded operating cost expenditure by dividing the dollar amount determined in paragraph (b)(1) of this section by the total number of students resident in the consolidated area who attend public schools of the districts (except vocational-technical school districts unless such districts are included in the consolidation) within the consolidated area on September 30 of the year prior to consolidation;

(3) Multiply the per pupil figure determined in paragraph (b)(2) of this section by the projected number of pupils expected to attend school in the reorganized school district in the first year of consolidation, such projected number to be determined by the State Board of Education by whatever tests or standards it finds appropriate;

(4) Determine the tax rate which, when multiplied by the total assessed value of all taxable real estate in the reorganized school district at the time the maximum is calculated, except taxable real estate which is exempt from county taxation, as determined and fixed for county tax purposes, would yield tax dollars collectible equal to 110 percent of the total dollar amount determined in paragraph (b)(3) of this section.

(c) The maximum rate of tax authorized in accordance with subsection (b) of this section includes the percentage for delinquencies and costs of collection provided for in § 1913 of this title.

(d) The interim board of education or the board of education or other authority mandated by the court or by this title for each reorganized school district may at an appropriate time during each fiscal year set a tax rate for debt service for the next fiscal year that shall be adequate to make the payments for principal and interest on debts evidenced by bonds or bond obligations of the reorganized district and bonds or bond obligations in each of the whole component school districts included in the reorganized district and for that fraction of the bond obligation of each component school district partially included in the reorganized district equal to the fraction of the assessed value (except taxable real estate which is exempt from county taxation, as determined and fixed for county tax purposes) of such partially included district located in the reorganized district.

(e) The interim board of education or board of education or other authority mandated by the court or by this title for each reorganized school district may each fiscal year determine and set tax rates for tuition and for minor capital improvements for the next fiscal year.

(f) Each reorganized school district may annually levy and collect taxes at rates set in accordance with this section upon the assessed value of all taxable real estate in such district, except taxable real estate which is exempt from county taxation, as determined and fixed for county tax purposes. Whenever this section provides for a maximum rate of tax, the levy of any taxes in excess of such maximum rate of tax shall in all respects be subject to this subchapter, notwithstanding this section.
14 Del. C. § 1274 — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1274
§ Â
        1274. Disclosure.
Status: in_force

If an educator licensed under this chapter is seeking an educator position in this State, the educator shall disclose the results of that educator’s most recent 3 DPAS II evaluations or alternative evaluations permitted under § 1270(f) of this title, if applicable, to a prospective employing district. Upon the request of the prospective employing district, a present or previous employing district of the educator shall confirm the results of the educator’s previous DPAS II evaluations. No action in law or equity may be brought or maintained against a local school district or an employee thereof for action taken in compliance with this section.
14 Del. C. § 123 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 123
§ Â
        123. Funds from insurance; retention and use.
Status: in_force

Any funds received by the Department from any insurance company by reason of the loss of school property insured in such company shall be paid to the Treasurer of the Department and by the Treasurer kept in a special fund. The special fund shall be used by the Department of Education to pay as far as possible or necessary for the repair or rebuilding of any building in connection with the loss sustained. Any moneys remaining in the special fund after carrying out this section shall be deposited in the General Fund of the State.
14 Del. C. § 2732 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2732
§ Â
        2732. Appeals.
Status: repealed

(a) A parent convicted within the Justice of the Peace Court of a violation of § 2702 of this title may appeal to the Court of Common Pleas in the county in which the judgment was given. The appeal shall be filed within 15 days from the date of conviction. On appeal the Court of Common Pleas shall make a de novo determination.

(b) [Repealed.]

(c) A student who has been adjudicated truant within the Justice of the Peace Court pursuant to § 2730 of this title may appeal to the Family Court in the county in which the adjudication occurred. The appeal shall be filed within 15 days of the date of the adjudication. On appeal the Family Court shall make a de novo determination based on the record below.

(d) No appeal of the adjudication of truancy or truancy-related contempt pursuant to subsection (c) of this section shall stay execution of the remedial disposition unless a judge of the Family Court orders a stay.
14 Del. C. § 1210 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1210
§ Â
        1210. Tier One â Initial licensure [For application of this section, see 81 Del. Laws, c. 43, Â â5].
Status: repealed

(a) An initial license is valid for 4 years unless revoked. The Department shall issue an initial license under this section if an applicant demonstrates that the applicant received a bachelor’s degree from a regionally accredited 4-year college or university, has achieved a passing score on a content-readiness exam, and has either completed a student teaching program or meets any 1 of the following alternatives to student teaching:

(1) One year of teaching experience consisting of a minimum of 91 days of long-term teaching experience in 1 assignment or in no more than 2 assignments, excluding early childhood and elementary education, or 3 years of substitute teaching experience consisting of 91 days per year in multiple assignments under § 1716G of this title. Experience in an alternative routes for teacher licensure and certification program may not be used to meet this alternative.

(2) The applicant is enrolled and participating in the alternative routes for teacher licensure and certification program under subchapter VI of Chapter 12 of this title.

(3) [Repealed.]

(4) The applicant is applying for an initial license and certification as a specialist and completes a supervised practical experience in the specialty area equivalent to student teaching as recognized by rules and regulations promulgated and adopted under this chapter. Equivalent practical experience in the specialty area may include a supervised internship, a practicum, or clinical experience. For purposes of this section, “specialist” means an educator other than a teacher recognized by rules and regulations promulgated and adopted under this chapter who is eligible to apply for both licensure and certification from the State to engage in other related professional support services.

(b) (1) If an initial licensee intends to apply for a continuing license, the licensee shall, before the expiration of that initial license, complete professional development and mentoring activities required by rules and regulations promulgated and adopted under this chapter. Such professional development and mentoring activities must include a focus on the acquisition of pedagogical knowledge and the ability to apply that knowledge to meet the needs of the educator’s students.

(2) The Department shall create a committee of stakeholders, including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations on a revised Comprehensive Induction Program that focuses on reinforcing all of the following:

a. Pedagogical skills.

b. Content knowledge.

c. Cultural responsiveness.

d. Data-driven instruction.

(c) Under the rules and regulations promulgated and adopted under this chapter, the Department may issue an initial license to an applicant with less than 4 years of experience as an educator who is licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware license that has since expired. An applicant issued an initial license under this subsection must complete all requirements under subsection (b) of this section. For purposes of this subsection, “educator” means a person licensed in another jurisdiction to engage in the practice of instruction, administration, or other related professional support services in public schools or a person who was an educator as defined in § 1202 of this title and previously held a valid Delaware license that has since expired.

(d) An initial license must not be renewed. It may, however, be extended under § 1216 of this title.

(e) Notwithstanding subsections (a) and (c) of this section, an initial license may be issued for a period of up to 6 years for applicants in a vocational trade and industry (“skilled and technical sciences” or “STS”) area to complete specified college-level coursework required for certification.

(f) Notwithstanding subsection (a) of this section, an initial license may be issued for an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor. An initial license issued under this subsection is valid for up to 4 years unless it is revoked. An applicant who is issued an initial license under this subsection must complete all requirements under subsection (b) of this section.

(g) The Standards Board shall promulgate regulations necessary to implement this section.

(h)-(j) [Repealed.]
14 Del. C. § 1313 — Delaware Code / Title 14 / Chapter 13 / Section 1313
§ Â
        1313. Employment requirements [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) A person may not be an employee or contractor within a public school in any position requiring licensure and certification, or a permit if the person does not meet licensure and certification, or permit requirements established under Chapter 12 of this title, except pursuant to a license or permit extension or emergency certificate issued pursuant to Chapter 12. A person’s salary may not be reduced because that person is employed under a license or permit extension or emergency certificate.

(b) The Department of Education has the authority to require reimbursement of any funds disbursed to a district or charter school used to pay an employee without licensure, certification, or a permit, who holds a position requiring licensure, certification, or a permit, if the district or charter school intentionally retains the employee for more than 90 calendar days after the initial hire. The Department may only seek reimbursement for the period of time a school district or charter school retains the employee after the 90 calendar-day grace period after the initial hire and may only do so not less than 30 days after the Department has properly notified the employee and employer.

(c) The Department of Education has the authority to require reimbursement of any funds disbursed to a district or charter school used to pay an employee that works in a school under an expired license, certification, or permit provided that the Department has notified the employee and employer prior to the expiration of the license, certification, or permit. The Department may not require reimbursement of funds if the Department is the cause of a delay in issuing a license, certification, or permit.

(d) In the event reimbursement is requested by the Department, the district or charter school may not require reimbursement from the employee unless the employee has intentionally provided false information or has failed to provide the Department with documentation necessary for a license, certificate, or permit.

(e) When school districts or charter schools utilize contractual options to provide services for which a license, certificate, or permit is required, the vendor or contractor making the person available to be assigned to a school is responsible for ensuring compliance with the provisions of this section. If a vendor or contractor knowingly assigns a person who does not meet the requirements of this section to a school, district, or charter school, the Department may report the vendor or contractor to the Department of Finance, Division of Revenue for revocation of the vendor’s or contractor’s business license. School districts and charter schools are encouraged to include provisions containing the requirements of this section in contracts for the provision of relevant school services.

(f) Whenever the Department sends notification to an employee regarding the deficiency of an application or the issuance or expiration of a license, certificate, or a permit, the Department must also notify the employer. The employer may appeal a Department decision to require reimbursement of funds. The appeal will be heard by the State Board of Education whose decision will be final.
14 Del. C. § 3414A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3414A
§ Â
        3414A. Maintaining eligibility.
Status: in_force

(a) To maintain continued state payment of tuition once enrolled at the institution shall meet all of the following:

(1) Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic year.

(2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution.

(3) Have a cumulative grade point average of at least 2.75 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average. The institution may grant exceptions upon appeal.

(4) The student and family shall certify that the student has not been convicted of any felony.

(5) Complete 10 hours of community service, as defined by the institution, per semester.

(b) Grants made by the Inspire Scholarship Program shall not be allowed for courses or other post-secondary units repeated or taken in excess of the requirements for completion of an bachelor’s degree with the exception of those courses required by the institution for program admission.

(c) Students are eligible to participate in this program for a period not to exceed 8 continuous semesters, not including the summer semester.
14 Del. C. § 1305 — Delaware Code / Title 14 / Chapter 13 / Section 1305
§ Â
        1305. Basic salary schedule for teachers, specialists, nurses, principals, superintendents, and other administrative and supervisory employees [For application of this section, see 85 Del. Laws, c. 62, Ââ8(m)(6)].
Status: in_force

(a) The annual salaries of employees paid under this section and who are employed on a 10-month contract, shall be based on the following indexed schedule:

In addition to the indices specified in the schedule contained in this subsection, the following shall apply to certain individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 1994:

(1) An employee with no degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.227 for the fiscal year ending June 30, 1995, at an index of 1.264 for the fiscal year ending June 30, 1996, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(2) An employee with no degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(3) An employee with no degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(4) An employee with a Bachelor’s Degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 1996, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index of 1.3277 for the fiscal year ending June 30, 2005, and at an index of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(5) An employee with a Bachelor’s Degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index rate of 1.3277 for the fiscal year ending June 30, 2005, and at an index rate of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(6) An employee with a Bachelor’s Degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index rate of 1.3277 for the fiscal year ending June 30, 2005, and at an index rate of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(7) An employee with a Bachelor’s Degree plus 15 credits who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, at an index rate of 1.3989 for the fiscal year ending June 30, 2005, and at an index rate of 1.4263 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(8) An employee with a Bachelor’s Degree plus 15 credits who was paid in accordance with the 11-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, at an index of 1.3989 for the fiscal year ending June 30, 2005, and at an index rate of 1.4263 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(b) The base salary amount for this section, from the first day of the first full pay cycle of the fiscal year, through the last day of the pay cycle that contains the last day of the fiscal year, shall be $36,760. The Bachelor’s Degree, 0-year experience point on the index is defined as the base and has an index value of 1.000. This amount is intended to be the equivalent of 70 percent of a recommended average total competitive starting salary. All other salary amounts shall be determined by multiplying the base salary amount by the index value that corresponds with the appropriate training and experience cell, and then rounding to the nearest whole dollar.

(c) The index values assigned in subsection (a) of this section are intended to be constant. Future modification to this index should be linked to specifically stated policy goals.

(d) All persons who are employed for more than 10 months per year and are paid in accordance with subsections (a) and (b) of this section shall receive one tenth of the amount computed in subsection (b) of this section in salary for each additional month of employment each year.

(e) Beginning in Fiscal Year 2011 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 188 full work days to be utilized as follows:

(1) 180 days or equivalent hours devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing; and

(3) 6 days devoted solely to professional development.

(f) Beginning in fiscal year 2001, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 187 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 5 days devoted solely to professional development.

(g) Beginning in fiscal year 2002 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 188 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 6 days devoted solely to professional development.

(h) The Department of Education with the approval of the State Board of Education may reduce the number of hours devoted to actual school sessions for pupils and/or educators for just cause or upon showing unusual circumstances.

(i) A full workday shall be defined by the Department of Education with the approval of the State Board of Education.

(j) Beginning in fiscal year 2001, local school districts shall provide a local salary supplement for each full workday in excess of 185 workdays. This supplement must be equal to or greater than the per diem local salary supplement in effect during fiscal year 2000 for each grade and step. To the extent that a local school district is unable to provide a local salary supplement, it may make application under subsection (h) of this section.

(k) In addition to the base salary derived from subsections (a) and (b) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for gaining skills and knowledge that lead to more effective instruction. The Professional Standards Board, with approval of the State Board of Education, shall designate through regulation the specific professional development activities and specific areas of skills and knowledge that an employee can undertake and/or obtain in order to receive a skills and knowledge salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary or be paid as a single payment. The supplement must be no less than 2% of the base salary derived from subsections (a) and (b) of this section and no more than 6% of this base salary, except as provided for in subsection (m) of this section. The Professional Standards Board, with approval of the State Board of Education, shall designate the specific percentage for each specific skills and knowledge supplement through regulations promulgated to implement the provisions of this section. The percentage must be uniform across the State. Also, the Professional Standards Board shall, with approval of the State Board of Education, designate which of the supplements, if any, shall be permanent and which of the supplements, if any, shall require renewal or requalification on a periodic basis. The provisions of this subsection shall become effective in fiscal year 2001. The supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(l) In addition to the base salary derived from subsections (a) and (b) of this section, an employee who has achieved certification from the National Board for Professional Teaching Standards or from an equivalent program approved by the State Board shall receive a salary supplement equal to 12% of the base salary so derived. An employee shall receive a salary supplement equal to 6% of base salary so derived for receiving any of the following national certifications:

(1) Certificate of clinical competence from the American Speech-Language-Hearing Association (ASHA)—speech pathologists and audiologists.

(2) Nationally-certified school counselor from the National Board for Certified Counselors (NBCC).

(3) Music therapist—Board-certified from the Certification Board for Music Therapists (CBMT).

(4) Nationally-certified school psychologist from the National Association of School Psychologists (NASP).

(5) Nationally-certified school nurse from the National Board for Certification of School Nurses (NBCSN).

(6) Occupational therapist advanced certification from the American Occupational Therapy Association or the Occupational Therapist Registered from the National Board for Certification in Occupational Therapy.

(7) School-based physical therapists who have passed the National Physical Therapy Exam (NPTE) as administered by the Federation of State Boards of Physical Therapy (FSBPT).

The Professional Standards Board, with the approval of the State Board of Education, may authorize stipends pursuant to this subsection in fiscal year 2000. The supplement shall be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary. Funding for National Board certification described in this subsection is subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

For those employees who have achieved certification from the National Board for Professional Teaching Standards (NBPTS) and who serve as teacher or lead mentors, the mentor stipend payment for such service will be excluded from the 15% salary supplement limit established in subsection (o) of this section.

(m) An employee paid in accordance with this section may earn multiple salary supplements pursuant to subsections (l) and (m) of this section. The supplements must be computed as a percentage of the base salary derived from subsections (a) and (b) of this section; the percentages may not to be computed on a salary that includes a previously earned supplement amount.

(n) In addition to the base salary derived from subsections (a) and (b) of this section and any supplements provided pursuant to subsections (l) and (m) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for accepting additional responsibility assignments that impact student achievement. The Professional Standards Board has the authority to review and make recommendations regarding additional responsibility supplements for administrators. The Professional Standards Board, with the approval of the State Board of Education, shall designate through regulation the specific assignments that an employee may accept in order to receive a state-funded salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary or be paid as a single payment. The supplement must be no less than $750 and no more than $5,000. In addition to the state-specified assignments designated by the Professional Standards Board and State Board pursuant to Chapter 12 of this title, a local school district, with the approval of the Standards Board and the State Board, and through regulatory action of the local board, may designate specific academic assignments that an employee may accept in order to receive a state-funded salary supplement. An assignment designated pursuant to this subsection must be academic in nature and may not include extracurricular activities or noninstructional supervisory responsibilities. The state-funded salary supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(o) To ensure that the professional development activities designated for remuneration in subsections (l), (m) and (o) of this section are of high quality and will lead to improvements in teacher effectiveness and improvements in student achievement, the Professional Standards Board, with the approval of the State Board of Education, shall identify activities that will permit an educator to be eligible for both skills and knowledge supplements and additional responsibility supplements. Salary supplements defined in this act must not exceed 15% of the State share for an employee covered by the provisions of this act. The Standards Board shall annually review these supplements and promulgate and adopt recommendations pursuant to § 1203 of this title as necessary.

(p) Beginning with fiscal year 2005, movement into the Bachelors Plus 15 and Bachelors Plus 30 columns on the salary schedule contained in subsection (a) of this section shall be approved only if the credits earned are matriculated graduate credits earned toward a Master’s Degree. Beginning with fiscal year 2004, movement into the Masters Plus 15, Masters Plus 30 and Masters Plus 45 columns on the salary schedule contained in subsection (a) of this section shall be approved if:

(1) The credits earned through a graduate-level course of study are clearly related to the individual’s professional responsibilities and otherwise approved pursuant to Chapter 12 of this title;

(2) The credits are towards a second Master’s Degree; or

(3) If the credits earned are matriculated graduate credits earned towards a Doctorate Degree.

No employee shall be moved leftward on the salary schedule contained in subsection (a) of this section due to the provisions contained in this subsection. Furthermore, any employee entitled to rightward movement on the salary scale on the basis of in-service or undergraduate credits approved prior to the beginning of Fiscal Year 2005 shall continue to be entitled to such movement in the event of any future application for placement submitted after the beginning of Fiscal Year 2005.

(q) For purposes of the state educator program, a retired educator engaged in mentoring activities shall be entitled to the same stipends as otherwise provided for nonretired educator mentors. Such retired educators shall be considered a casual employee under § 5502(a)(3) of Title 29 for purposes of pensions.

(r) A school-based speech-language pathologist who has achieved and holds a current certificate of clinical competence in speech-language pathology issued by the American Speech-Language and Hearing Association and who holds a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, shall receive a base salary level of Masters Plus 30 credits. A school-based speech-language pathologist who has completed additional course work separate from the speech-language pathologist’s master’s degree may apply for rightward movement on the indexed schedule under subsection (a) of this section. A school-based speech-language pathologist who, as of September 28, 2018, has a master’s degree, a current state license to practice, and has worked full-time as a speech-language pathologist for 20 or more years but who does not have a certificate of clinical competence, shall receive a base salary level of Masters Degree Plus 30 Grad. Credits and may apply for rightward movement on the indexed schedule under subsection (a) of this section.

(s) A school-based audiologist who holds a current certificate of clinical competence in audiology issued by the American Speech-Language and Hearing Association, a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, but who does not hold a doctorate of audiology shall receive the higher of either a base salary level of Masters Plus 30 credits or the audiologist’s current pay grade. A school-based audiologist who holds a current certificate of clinical competence in audiology issued by the American Speech-Language and Hearing Association, a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, and who holds a doctorate of audiology shall receive a base salary level of doctor’s degree. A school-based audiologist who has completed additional course work separate from the audiologist’s master’s degree may apply for rightward movement on the indexed scale under subsection (a) of this section. A school-based audiologist who, as of September 28, 2018, has a master’s degree, a current state license to practice, and has worked full-time as an audiologist for 20 or more years but who does not have a certificate of clinical competence, shall receive a base salary level of Masters Degree Plus 30 Grad. Credits and may apply for rightward movement on the indexed scale under subsection (a) of this section.

(t) A school-based physical therapist who has achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy and who holds a current state license to practice from the Delaware Examining Board of Physical Therapists and Athletic Trainers and holds a master’s degree in physical therapy but does not hold a doctorate of physical therapy shall receive the higher of either a base salary level of Masters Plus 30 credits or the physical therapist’s current pay grade. A school-based physical therapist who has achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy and who holds a current state license to practice from the Delaware Examining Board of Physical Therapists and Athletic Trainers, and who holds a doctorate of physical therapy shall receive a base salary level of doctor’s degree. A school-based physical therapist who has completed additional course work separate from the physical therapy master’s degree may apply for rightward movement on the indexed scale under subsection (a) of this section.

(u) Graduate degrees. —

(1) Any employees paid under this section who earned a master’s degree or doctoral degree from an accredited institution of higher education prior to their initial date of hire as an educator must receive credit for that degree under the schedule in subsection (a) of this section regardless of the subject matter of the degree. This paragraph applies to educators hired after August 12, 2024.

(2) To receive credit for a master’s or doctoral degree under the schedule in subsection (a) of this section, such a degree earned after the employee’s initial date of hire as an educator must be directly related to an area or specialty in which the educator is employed.

(3) The Secretary of Education, or the Secretary’s designee, has authority to review and approve requests to recognize any master’s or doctoral degree for purposes of this section on an individual basis at the request of the local school district or charter school. Such review is in the sole discretion of the Secretary.
14 Del. C. § 3203 — Delaware Code / Title 14 / Chapter 32 / Section 3203
§ Â
        3203. Vocational Youth Organization Fund.
Status: in_force

The General Assembly shall each year in the budget act appropriate a sum to be known as the “Vocational Youth Organization Fund” for the purpose of carrying out this chapter.
14 Del. C. § 1003 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1003
§ Â
        1003. Criteria.
Status: in_force

The State Board of Education is hereby authorized and empowered to reorganize school districts pursuant to this chapter. Any such reorganization shall meet at least the following criteria:

(1) Provide a complete instructional program for grades 1 through 12 except as may be provided for vocational and/or technical education;

(2) Be composed of whole component school districts or parts of component school districts or any combination of whole and parts of component school districts without regard to any specific provisions of this chapter which would otherwise require the preservation of the boundaries of any component school district.
14 Del. C. § 4112F — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112F
§ Â
        4112F. Limitations on use of seclusion and restraint [Effective until Aug. 1, 2026].
Status: in_force

(a) Definitions. — The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(1) “Chemical restraint” means a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student’s medical or psychiatric condition or not administered as prescribed.

(2) “Mechanical restraint” means the application of any device or object that restricts a student’s freedom of movement or normal access to a portion of the body that the student cannot easily remove. “Mechanical restraint” does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including the following:

a. Restraints for medical immobilization;

b. Adaptive devices or mechanical supports used to allow greater freedom of movement stability than would be possible without use of such devices or mechanical supports;

c. Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;

d. Instruction and use of restraints as part of a criminal justice or other course; or

e. Notwithstanding their design for other purposes, adaptive use of benign devices or objects, including mittens and caps, to deter self-injury.

(3) “Physical restraint” means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head. “Physical restraint” does not include physical contact that:

a. Helps a student respond or complete a task;

b. Is needed to administer an authorized health-related service or procedure; or

c. Is needed to physically escort a student when the student does not resist or the student’s resistance is minimal.

(4) “Public school personnel” means an employee or contractor of a public school district or charter school. “Public school personnel” does not include the following:

a. A law-enforcement officer as defined in § 9200(b) of Title 11; or

b. An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility.

(5) “Seclusion” means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress. The use of a “timeout” procedure during which a staff member remains accessible to the student shall not be considered “seclusion.”

(6) “Timeout” means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object.(a) Definitions. — For purposes of this section:

(1) “Chemical restraint” means a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student’s medical or psychiatric condition or not administered as prescribed.

(2) “Mechanical restraint” means the application of any device or object that restricts a student’s freedom of movement or normal access to a portion of the body that the student cannot easily remove. “Mechanical restraint” does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including any of the following:

a. Restraints for medical immobilization.

b. Adaptive devices or mechanical supports used to allow greater freedom of movement stability than would be possible without use of such devices or mechanical supports.

c. Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

d. Instruction and use of restraints as part of a criminal justice or other course.

e. Notwithstanding their design for other purposes, adaptive use of benign devices or objects, including mittens and caps, to deter self-injury.

(3) “Physical restraint” means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head. “Physical restraint” does not include physical contact that satisfies any of the following:

a. Helps a student respond or complete a task.

b. Is needed to administer an authorized health-related service or procedure.

c. Is needed to physically escort a student when the student does not resist or the student’s resistance is minimal.

(4) “Public school personnel” means an employee or contractor of a school district or charter school. “Public school personnel” does not include any of the following:

a. A “law-enforcement officer” as defined in § 9200(b) of Title 11, including an SRO.

b. An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility.

(5) “School resource officer” or “SRO” means a “law-enforcement officer,” as defined in § 9200(b) of Title 11, who is stationed in a school district or charter school.

(6) “Seclusion” means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress. The use of a “timeout” procedure during which a staff member remains accessible to the student shall not be considered “seclusion.”

(7) “Timeout” means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object.ible to the student shall not be considered “seclusion.”

(6) “Timeout” means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object.

(b) Prohibition and restriction on use. — (1) Public school personnel are prohibited from imposing on any student the following:

a. Chemical restraint; and

b. Subject to waiver authorized pursuant to paragraph (c)(4) of this section, mechanical restraint and seclusion.

(2) Public school personnel may impose physical restraint only in conformity with all of the following standards:

a. The student’s behavior presents a significant and imminent risk of bodily harm to self or others;

b. The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication;

c. The physical restraint does not interfere with the student’s ability to breathe or place weight or pressure on the student’s head, throat, or neck;

d. The physical restraint does not recklessly exacerbate a medical or physical condition of the student;

e. Less restrictive interventions have been ineffective in stopping the imminent risk of bodily harm to the student or others, except in case of a rare and clearly unavoidable emergency circumstance posing imminent risk of bodily harm, including, without limitation, intervening in a student initiated physical assault or altercation;

f. For a student with a disability as defined in Chapter 31 of this title or 34 C.F.R. Part 104, the physical restraint does not contravene provisions in an individualized education program (IEP), behavior intervention plan, accommodation plan, or any other planning document for the individual student;

g. Personnel use only the amount of force necessary to protect the student or others from the threatened harm;

h. The physical restraint ends when a medical condition occurs putting the student at risk of harm or the student’s behavior no longer presents an imminent risk of bodily harm to the student or others;

i. The physical restraint is within the scope of force authorized by § 468 of Title 11; and

j. The physical restraint conforms to applicable regulations promulgated by the Department of Education.

(c) Department of Education role; regulations. — (1) The Department of Education shall promulgate regulations implementing this section. Such regulations shall include, but not be limited to, the following:

a. Requirement of uniform public school data collection on each use of physical restraint, by school, which includes demographic information on affected students such as age, gender, race, ethnicity, and disability category, if any;

b. Requirement of timely parental notice in event of use of physical restraint;

c. Special procedures and safeguards applicable to use of physical restraint for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104; and

d. Recommended or required training of public school personnel in implementing this section.

(2) To facilitate data collection and analysis, the Department of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or nonelectronic format.

(3) The Department of Education shall issue an annual report on use of physical restraint which includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section, identifies trends, and analyzes significant results.ible to the student shall not be considered “seclusion.”

(7) “Timeout” means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object.

(b) Prohibition and restriction on use. — (1) Public school personnel are prohibited from imposing on any student any of the following:

a. Chemical restraint.

b. Subject to waiver authorized pursuant to paragraph (c)(4) of this section, mechanical restraint and seclusion.

(2) Public school personnel may impose physical restraint only in conformity with all of the following standards:

a. The student’s behavior presents a significant and imminent risk of bodily harm to self or others.

b. The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication.

c. The physical restraint does not do either of the following:

1. Interfere with the student’s ability to breathe.

2. Place weight or pressure on the student’s head, throat, or neck.

d. The physical restraint does not recklessly exacerbate a medical or physical condition of the student.

e. Less restrictive interventions have been ineffective in stopping the significant and imminent risk of bodily harm to the student or others, except in case of a rare and clearly unavoidable emergency circumstance posing imminent risk of bodily harm, including intervening in a student-initiated physical assault or altercation.

f. For a student with a disability as defined in Chapter 31 of this title or 34 C.F.R. Part 104, the physical restraint does not contravene provisions in an individualized education program (IEP), behavior intervention plan, accommodation plan, or any other planning document for the individual student.

g. Personnel use only the amount of force necessary to protect the student or others from the threatened harm.

h. The physical restraint ends when a medical condition occurs putting the student at risk of harm or the student’s behavior no longer presents a significant and imminent risk of bodily harm to the student or others.

i. The physical restraint is within the scope of force authorized by § 468 of Title 11.

j. The physical restraint conforms to applicable regulations promulgated by the Department of Education.

(c) Department of Education role; regulations. — (1) The Department of Education shall promulgate regulations implementing this section. These regulations must include all of the following:

a. Requirement of uniform public school data collection, by school, which includes demographic information on affected students such as age, gender, race, ethnicity, and disability category, if any, about all of the following:

1. Each use of physical restraint.

2. Each use of mechanical restraint.

3. Each use of seclusion.

b. Requirement of timely parental notice in event of use of physical restraint, mechanical restraint, or seclusion.

c. Special procedures and safeguards applicable to use of physical restraint, mechanical restraint, and seclusion for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104.

d. Recommended or required training of public school personnel in implementing this section.tment of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or nonelectronic format.

(3) The Department of Education shall issue an annual report on use of physical restraint which includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section, identifies trends, and analyzes significant results.

(4) Unless proscribed by federal law, the Secretary of Education may issue a waiver of the prohibition on mechanical restraint and seclusion for an individual student based on compelling justification and subject to specific conditions and safeguards which must include a requirement of continuous visual staff monitoring and parental notice of each use of mechanical restraint or seclusion.

(d) School resource officer training. —

Training and reporting related to employees, contractors, or subcontractors excluded from the definition of “public school personnel” under paragraph (a)(4) of this section shall be governed by this subsection. This subsection shall be limited to those employees, contractors, or subcontractors who will assist with or independently intervene with students with disabilities, which shall include all students eligible to be identified as students with disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794] and The Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq.].

(1) Employees, contractors, and subcontractors governed by this subsection shall annually receive the following awareness training from their school district or charter school:

a. Training which is consistent with that which is required of other public school personnel for disability awareness and behaviors that may manifest as a result of disabilities.

b. Best practices for de-escalation techniques in a school setting.

c. Information on intervention decisions and techniques used by school personnel in a school setting.

d. Such other training as is necessary to protect the health and well-being of students with disabilities as promulgated in implementing regulation, which shall include basic awareness training specific to individualized education programs (IEP), functional behavior assessments and behavior support plans.

e. This training shall include references as to how it relates to school resource officer (SRO) duties and responsibilities outlined in their employment contract and school district or charter school memorandum of agreement (MOA). This training shall be consistent with the annual training already provided to school district or charter school educators.

(2) Employees, contractors, and subcontractors, governed by this subsection shall annually participate in the SRO training provided by the State Police or equivalent training provided by the police department employing the SRO in the school district or charter.

(3) Prior to the start of each school year, or as soon as practical, an SRO shall meet with a representative of each building in which they are assigned to be familiarized with behaviors related to disabilities that may occur in the school and typical responses that may be taken by school personnel in that school.

(4) Reporting and notification practices for incidents involving employees, contractors, or subcontractors covered by this subsection shall be consistent with reporting and notification requirements for school personnel, and shall include a police report identification number where a police report exists.

(5) Each school district or charter school which contracts with SROs shall have a MOA consistent with the MOA template as required by Department of Education regulation with the agency which employs or manages those sworn officers.timely parental notice in event of use of physical restraint, mechanical restraint, or seclusion.

c. Special procedures and safeguards applicable to use of physical restraint, mechanical restraint, and seclusion for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104.

d. Recommended or required training of public school personnel in implementing this section.

(2) a. To facilitate data collection and analysis, the Department of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or nonelectronic format.

b. The Department of Education shall request from the Police Officer Standards and Training Commission (POST), any data related to law-enforcement officer use of physical restraint, mechanical restraint, or seclusion on a student in a public school collected by POST.

c. 1. POST shall provide the requested data under paragraph (c)(2)b. of this section to the Department of Education.

2. For the mechanical restraint data, POST shall provide the Department of Education the total number of mechanical restraints that occurred disaggregated by whether the law-enforcement officer was required to use mechanical restraint in that situation, and if so, why that restraint was required.

(3) a. The Department of Education shall issue an annual report by November 30 of each year on use of physical restraint, mechanical restraint, and seclusion, which includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section, identifies trends, and analyzes significant results. The Department of Education shall incorporate the data received from POST under paragraph (c)(2) of this section into the annual report.

b. The Department of Education shall submit the report to all of the following:

1. The Secretary of the Senate, for distribution to all Senators.

2. The Chief Clerk of the House of Representatives, for distribution to all Representatives.

3. The Librarian and the Director of the Division of Legislative Services.

4. The President of the Delaware School Boards Association.

5. The president of each board of education of a school district under subchapter III of Chapter 10 of this title and the president of each board of directors of a charter school under § 504 of this title.

(4) Unless proscribed by federal law, the Secretary of the Department of Education may issue a waiver of the prohibition on mechanical restraint and seclusion for an individual student based on compelling justification and subject to specific conditions and safeguards which must include a requirement of continuous visual staff monitoring and parental notice of each use of mechanical restraint or seclusion.

(d) School resource officer training. —

Training and reporting related to SROs is governed by this subsection. This subsection is limited to SROs who will assist with or independently intervene with students with disabilities, which includes all students eligible to be identified as students with disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794] and The Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq.].

(1) School resource officers governed by this subsection shall annually receive the following awareness training from their school district or charter school:

a. Training which is consistent with that which is required of other public school personnel for disability awareness and behaviors that may manifest as a result of disabilities.

b. Best practices for de-escalation techniques in a school setting.

c. Information on intervention decisions and techniques used by school personnel in a school setting.

d. Other training as is necessary to protect the health and well-being of students with disabilities as promulgated in implementing regulation, which must include basic awareness training specific to individualized education programs (IEP), functional behavior assessments, and behavior support plans.

e. This training must include references as to how it relates to SRO duties and responsibilities outlined in their employment contract and school district or charter school memorandum of agreement (MOA). This training must be consistent with the annual training already provided to school district or charter school educators.

(2) School resource officers governed by this subsection shall annually participate in the SRO training provided by the State Police or equivalent training provided by the police department employing the SRO in the school district or charter school.

(3) Prior to the start of each school year, or as soon as practical, an SRO shall meet with a representative of each building in which they are assigned to be familiarized with behaviors related to disabilities that may occur in the school and typical responses that may be taken by school personnel in that school.

(4) Reporting and notification practices for incidents involving SROs covered by this subsection must be consistent with reporting and notification requirements for school personnel, and must include a police report identification number if a police report exists.

(5) Each school district or charter school which contracts with SROs shall have a MOA consistent with the MOA template as required by Department of Education regulation with the agency which employs or manages those sworn officers.

(6) School districts or charter schools may not use SROs who are covered by this subsection, but do not comply with the training requirements set out herein. This paragraph does not prohibit a school district or charter school from using a law-enforcement officer who is not trained as an SRO to fill in for an SRO who is temporarily absent.

(7) Department of Education role and regulations. —

a. The Department of Education shall develop, promulgate, and update regulations for this subsection in collaboration with the Governor’s Advisory Council for Exceptional Citizens (GACEC).

b. Timelines for implementation and training shall be primarily based on protecting the health and welfare of children with disabilities.

c. To the greatest extent practical and appropriate, such regulations shall be consistent with and integrated with the regulations for the remainder of this section.

(8) Funding for training and implementation shall be derived from existing resources.

(9) Nothing in this subsection shall be interpreted as creating any additional restriction on the sworn authority of law-enforcement officers or their ability to carry out their required sworn duty.be consistent with reporting and notification requirements for school personnel, and shall include a police report identification number where a police report exists.

(5) Each school district or charter school which contracts with SROs shall have a MOA consistent with the MOA template as required by Department of Education regulation with the agency which employs or manages those sworn officers.

(6) School districts or charter schools shall not contract with or employ individuals who are covered by this subsection, but do not comply with the training requirements set out herein.

(7) Department of Education role and regulations. —

a. The Department of Education shall develop, promulgate, and update regulations for this subsection in collaboration with the Governor’s Advisory Council for Exceptional Citizens (GACEC).

b. Timelines for implementation and training shall be primarily based on protecting the health and welfare of children with disabilities.

c. To the greatest extent practical and appropriate, such regulations shall be consistent with and integrated with the regulations for the remainder of this section.

(8) Funding for training and implementation shall be derived from existing resources.

(9) Nothing in this subsection shall be interpreted as creating any additional restriction on the sworn authority of law-enforcement officers or their ability to carry out their required sworn duty.

(e) Effect on other laws. — The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.
14 Del. C. § 5310 — Delaware Code / Title 14 / Chapter 53 / Section 5310
§ Â
        5310. Copies of public documents for University library.
Status: in_force

The Secretary of State shall transmit to the University library a copy of all public documents of which the Secretary of State may receive duplicates, whenever the same shall not have been already appropriated.
14 Del. C. § 8516 — Delaware Code / Title 14 / Chapter 85 / Section 8516
§ Â
        8516. Grounds for refusal to issue, renew or for revoking certificates or permits.
Status: in_force

In addition to any other cause herein set forth, the Department may refuse to issue or to renew, or may revoke any certificate of approval or permit for any 1 or more of the following causes:

(1) Violation of this chapter or any rule or regulation made by the Department;

(2) Furnishing of false, misleading or incomplete information to the Department or failure to furnish information requested by the Department;

(3) If any person, who signed an application, has entered a plea of nolo contendere or been found guilty of any crime involving moral turpitude;

(4) If any person, who signed an application, is found by competent medical authority to be addicted to the use of any narcotic drug, other than a drug currently prescribed for treatment or who has been found mentally incompetent;

(5) Violation of any commitment made in an application for a certificate of approval;

(6) Presenting to prospective students information relating to the school, or to employment opportunities or opportunities for enrollment in institutions of higher learning after entering into or completing courses offered by the school, which is false, misleading or fraudulent;

(7) Failure to provide or maintain premises or equipment in a safe and sanitary condition as required by laws, regulations or ordinances applicable at the location of the school;

(8) Refusal by an agent to display that agent’s own permit upon demand of a prospective student, the Department or its representative, or any other interested person;

(9) Failure to maintain financial resources adequate for the satisfactory conduct of the courses of instruction offered or to retain a sufficient and qualified instructional and administrative staff;

(10) Conduct of instruction in a course or field which has not been approved by the Department for the particular school;

(11) Refusal to admit applicants solely on account of race, color, creed, age, sex, or any other basis protected under Chapter 45 of Title 6.
14 Del. C. § 3110A — Delaware Code / Title 14 / Chapter 31A / Section 3110A
§ Â
        3110A. Compulsion prohibited.
Status: in_force

Nothing in this chapter may be construed to compel any person to submit to any medical or public health examination, treatment, or supervision.
14 Del. C. § 9214 — Delaware Code / Title 14 / Chapter 92 / Section 9214
§ Â
        9214. Legal investments in bonds.
Status: in_force

All banks, bankers, trust companies, savings banks and institutions, building, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued under this chapter.
14 Del. C. § 1918 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1918
§ Â
        1918. Disbursement of school taxes; financial statement.
Status: in_force

(a) Warrants or drafts on the said fund shall be drawn by the school board of the district and applied only for the purpose for which the levy is made.

(b) The district shall prepare at the close of each fiscal year a financial report as specified in § 1507 of this title. This financial report shall have been examined and approved by the Board prior to its publication and submission to the Secretary of Education, not later than August 31 for the prior fiscal year. Copies of the financial report shall be placed on file for review by the public in each school in the district, in the district’s central administrative offices and in each public library located within the school district.

(c) This section shall apply for fiscal years beginning on or after July 15, 1988.
14 Del. C. § 9005F — Delaware Code / Title 14 / Chapter 90F / Section 9005F
§ Â
        9005F. Confidentiality.
Status: in_force

A university shall keep confidential information that a student provides to the university regarding a request for a referral for medication abortion, emergency contraception, or counseling regarding reproductive health care, to the extent that the information is not already protected as confidential under the Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d-2).
14 Del. C. § 1008 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1008
§ Â
        1008. The Redding Consortium for Educational Equity.
Status: in_force

(a) The Redding Consortium for Educational Equity (“Consortium”) replaces the Wilmington Education Improvement Commission. The Consortium shall recommend policies and practices to the Governor and General Assembly and to the Secretary of Education to achieve educational equity and to improve educational outcomes of all pre-K to grade-12 students in the City of Wilmington and northern New Castle County.

(b) The Consortium shall monitor the educational progress and outcomes of students in the City of Wilmington as well as all low-income, English learners and other students at risk across northern New Castle County. It shall develop and publish data reports on the conditions impacting the educational outcomes of these students and also track the progress of these students.

(c) The Consortium shall recommend policies and actions to the Governor and General Assembly that support the continuous improvement of public education in the City of Wilmington and northern New Castle County. It shall spotlight best practices from across the State and nation for increasing educational equity, improving educational outcomes, and strengthening school and community services. It shall facilitate collaboration on implementation of best practices among school districts and charter schools and may implement pilot projects It shall also facilitate the consistent engagement of impacted communities to strengthen and inform its work.

(d) The Consortium shall evaluate the need for additional or alternative educational facilities in the City of Wilmington, including secondary schools.

(e) The Consortium shall develop policy proposals to be introduced through legislation to improve teaching and learning in both district and charter schools in the City of Wilmington and northern New Castle County.

(f) The Consortium shall develop a proposal for redistricting in the City of Wilmington and northern New Castle County that must include provisions under § 1026(d)(3) of this title formulated specifically for that purpose with designated responsibilities and timelines for action at all levels.

(g) The Consortium shall research the viability of the New Castle County Tax District and Tax Pool.

(h) The Consortium is comprised of 25 voting members, as follows:

(1) Fifteen members serving by virtue of position, or a designee selected by the member, as follows:

a. A State Senator representing the City of Wilmington, appointed by the President Pro Tempore of the Senate.

b. A State Representative representing the City of Wilmington, appointed by the Speaker of the House of Representatives,

c. A State Senator from the minority caucus, appointed by the President Pro Tempore of the Senate.

d. A State Representative from the minority caucus, appointed by the Speaker of the House of Representatives.

e. The Superintendent of the Red Clay Consolidated School District.

f. The Superintendent of the Christina School District.

g. The Superintendent of the Colonial School District.

h. The Superintendent of the Brandywine School District.

i. The Superintendent of the New Castle County Vo-Tech School District.

j. The Mayor of the City of Wilmington.

k. The Head of the Metropolitan Urban League.

l. The President of the Delaware Hispanic Commission.

m. The Chair of the Advisory Council on English Learners.

n. A Chair of the Wilmington Community Advisory Council.

o. The President of the Delaware State Education Association.

(2) Ten members identified and appointed by the co-chairs of the Consortium, as follows:

a. A representative of the Wilmington Center for Education Equity and Public Policy.

b. A charter school lead.

c. Two teachers from schools in the City of Wilmington.

d. Two business leaders.

e. Two parents.

f. Two additional community leaders or representatives of the Wilmington and northern New Castle County community with educational interests.

(i) The Consortium is comprised of the following nonvoting members, or a designee selected by the member:

(1) The Secretary of Education.

(2) The Secretary of Finance.

(3) The Director of the Office of Management and Budget.

(j) Official action by the Consortium requires the approval of a majority of all voting members.

(k) Meetings of the Consortium and all related committees are public meetings and must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of Title 29.

(l) The Consortium shall meet at least quarterly, and its first meeting shall occur on or before September 1, 2019.

(m) The Consortium may invite education and community stakeholders to participate in meetings as nonvoting members as determined by the co-chairs.

(n) The co-chairs of the Consortium are as follows:

(1) The member appointed by the President Pro Tempore of the Senate under paragraph (h)(1)a. of this section.

(2) A member appointed by the Governor from the members of the Consortium under paragraphs (h)(1)e. through (h)(1)o. or paragraphs (h)(2)a. through (h)(2)e. of this section.

(o) The Consortium may form standing committees to develop recommendations for consideration by the full Consortium. The co-chairs of the Consortium may appoint members of committees and working groups who are not members of the Consortium but whose participation will enhance the work undertaken.

(p) The Consortium shall work with and across all relevant governmental agencies, educational entities, and private and nonprofit institutions serving residents of the City of Wilmington. The Consortium shall build upon the work and recommendations of the Wilmington Education Advisory Committee and the Wilmington Education Improvement Commission.

(q) As requested by the Governor and the General Assembly, the Consortium shall carry out other responsibilities consistent with its overall mission.

(r) The Consortium shall report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House, the City of Wilmington, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives at least once each fiscal year. It shall annually present a report to a joint session of the education committees of the Senate and the House. Each report must include all of the following:

(1) A summary of the work and actions completed by the Consortium to accomplish its purposes as required under this section.

(2) Recommendations of the Consortium about whether and how to further implement, promote, and achieve improvement in the education of pre-K to grade-12 students in the City of Wilmington and northern New Castle County.

(s) The University of Delaware’s Institute for Public Administration and Delaware State University’s School of Graduate Studies shall staff the Consortium. A policy director from the Institute for Public Administration, approved by the co-chairs of Consortium, shall manage the staff. An annual line item allocation of funding must be provided to the Consortium to support the operational services, research, and analysis carried out by the Institute for Public Administration and Delaware State University and in the development of the transition, resource, and development plan.

(t) The Consortium shall remain in operation until the Governor and General Assembly conclude that its mission has been fulfilled.
14 Del. C. § 1221 — Delaware Code / Title 14 / Chapter 12 / Subchapter III / Section 1221
§ Â
        1221. Emergency certificate and certificates of eligibility.
Status: in_force

Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue either of the following:

(1) An emergency certificate, if the employing district or charter school establishes that both of the following apply:

a. The proposed recipient of the emergency certificate is competent.

b. The employing district or charter school is committed to support and assist the proposed recipient in achieving the skills and knowledge necessary to meet certification requirements.

(2) A certificate of eligibility, if the employing district or charter school establishes that all of the following apply:

a. The proposed recipient is participating in a state-approved, appropriate alternative route for teacher licensure and certification program for teachers of students with disabilities.

b. The proposed recipient of the certificate of eligibility is competent.

c. The employing district or charter school is committed to support and assist the proposed recipient in achieving the skills and knowledge necessary to meet certification requirements.
14 Del. C. § 1057 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1057
§ Â
        1057. Sale or lease of property; disposition of proceeds.
Status: in_force

(a) When any real property, title to which is held by a reorganized school district, is no longer needed for school purposes, it may be sold by the school district subject to the following:

(1) The board of education of the school district shall receive documented recommendations from the superintendent of schools of the district showing why the property is no longer needed for school district purposes;

(2) The board shall take action to consider such recommendations;

(3) The board shall release the recommendations for public review and shall announce by 10 days’ notice in a news release to print and electronic media covering the district the time and place of a public hearing on the recommendation to dispose of the property in question;

(4) The board shall conduct the public hearing as announced;

(5) The board shall within 60 days of said hearing take action to accept, reject or modify the recommendation and proceed according to the terms of the recommendation in its current status. If the recommendation was rejected, no further action is required pending any future recommendation;

(6) Except for property acquired or constructed with 100% state funds upon affirmative decision to sell a property the board shall retain the services of 1 or more licensed real estate brokers or realtors who are not associated with any member of the board of education of that district and who shall determine a minimum price at which the property is to be offered for sale. In the event the property was acquired or constructed with 100% state funding, then this paragraph shall not apply;

(7) The property for sale shall be offered to other state agencies at the price determined in paragraph (6) of this subsection. Such offer to other state agencies shall be made through the Director of the Office of Management and Budget who shall in turn confer with the Department of Education. Together, they shall approve a purchase or release the district to proceed with another sale within 30 days of the offer by the board of education to the Director of the Office of Management and Budget;

(8) A state agency may negotiate to the extent feasible and practical to assume the state share in such property by transfer of the debt service obligation to the account of that agency without payment of cash for that share of the price set;

(9) If no other agency of state government declares its intent to purchase the property, the Board of Education shall proceed to offer said property to the local government in whose jurisdiction the property is located. Such an offer shall be made to the chief elected official of that local government. If the offer is not accepted within 30 days, the Board may proceed to sell the property on the open market;

(10) A public hearing for the sale of the property on the open market must be advertised at least once a week for 2 consecutive weeks in a newspaper published or circulated in each county of the State. Any proposal to purchase the property shall be delivered to the office of the Executive Secretary of the Board, or to such other place as shall be specified in the advertisement, no later than 5:00 p.m. on the last working day preceding the day fixed for the hearing, and the Board shall not consider any proposal submitted subsequent to that time. The Board shall act upon the proposals no sooner than 7 days and no more than 14 days following the hearing, during which period residents of the district may review the proposals at the office of the district during regular business hours and submit comments on the proposals. The Board shall consider such comments in acting upon the proposals. In its discretion, the Board may reject all proposals or accept a proposal subject to such modifications, except as to price, as the Board determines are appropriate;

(11) A sale on the open market may be conducted by the board and administrative staff of the district or through a licensed realtor or agency who is not associated with the appraiser or any member of the board of education of that district. Any final contract for such sale shall be approved within a period of 60 days by the Director of the Office of Management and Budget, who shall confer with the Department of Education. Approval will not be withheld unless the contract is found by the Director to be unreasonable, in which event the Director shall disapprove the sale and make specific written findings for such disapproval;

(12) When an offer to purchase the property at a price not less than fixed pursuant to paragraph (6) of this subsection is accepted by the board, the Facilities Management of the Office of Management and Budget shall direct that an appraisal be prepared by 2 independent appraisers licensed in Delaware who are from different firms. The amount of this confirmatory appraisal will be the average of the 2 appraisals. Any offer to purchase the property, including offers from state agencies or local governments, at a price not less than that fixed pursuant to paragraph (a)(6) of this section may be accepted by the board provided that the purchase price specified in the offer is either not less than the amount established by the confirmatory appraisal or is amended to increase to the amount established by the confirmatory appraisal;

(13) The rights of bond holders shall not be jeopardized through such sale. This section shall be construed so as not to impair the rights of any bondholder, and all bonds outstanding shall remain in full force and effect according to the terms thereof;

(14) No sales agreement shall be entered into until it can be demonstrated that the purchaser of the property will use the property for purposes authorized according to the zoning requirements, if any, for the area in which the property is located. If any modification of zoning requirements is necessary, those modifications must be certified to by the appropriate zoning authority prior to the conclusion of the sale;

(15) a. The proceeds of sale of school district property financed, in whole or in part, with the proceeds of bonds issued by the State shall be paid to the State less costs incurred in selling the property after such costs have been met or provision for their payment has been made. The proceeds of sale attributable to the State financing of the property shall be deposited in the School Bond Reversion Account of the State in an amount that bears the same proportion to total net sale proceeds as the State’s contribution to meet the cost of the property bears to the total cost of the property.

b. The remaining proceeds shall be deposited in a special fund of the State for the benefit of the selling school district. The money in those special funds shall be invested by and subject to the guidelines established by the Cash Management Policy Board separate and apart from other money invested by the Board. Interest earned, but not profit realized, from the investment of such proceeds shall be paid by the State Treasurer, not less than once nor more than 4 times in each fiscal year of the State, to the school district for which the proceeds are held, for any lawful school purpose, or reinvested pursuant to a written request to the State Treasurer from the school board for such school district. If the school board directs the reinvestment of the interest earnings, they shall become part of the corpus of such special fund.

c. The corpus of the special funds shall, at the direction of the appropriate school board, be applied to retire bonds issued by the school district or to meet the school district’s local share of construction required by any school construction bond authorization act, as defined in Chapter 75 of Title 29, as amended.

d. Notwithstanding any other provisions of the above subparagraphs, when it can be documented that all or a part of the property was a gift to a reorganized school district, or its antecedent, the portion of the residual representing the gift shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. That portion not identifiable as a gift shall be distributed and deposited in conformance with paragraphs (a)(15)a. and b. of this section.

(b) (1) Notwithstanding § 1056 of this title, when any real property or part thereof of any reorganized school district is not then deemed necessary for school purposes, temporarily or permanently, the board of education of the district may lease such property or part thereof to any person or organization. The leasing person or organization may be required to pay a rental or fee to be determined by the board and to assume sole responsibility for the complete maintenance and preservation of the property, including compliance with all applicable building and housing codes, so that there will be no cost or obligation to the school district for the continued ownership of such property.

(2) a. Any funds raised from rent or charges collected by the school district during any lease term of 10 years or less shall be retained by the school district to be used as local funds for any permissible educational purpose. Any funds raised from rent or charges collected by the school district during any lease term of more than 10 years shall be applied to the costs of maintaining and operating the leased property, if any, with the balance to be turned over to the State Treasurer to be assigned to the State and the school district according to paragraph (a)(15) of this section.

b. Notwithstanding paragraph (b)(2)a. of this section, in the event that there is any outstanding, unpaid, bonded indebtedness held by the State with respect to the building or grounds leased by a local district in accordance with this section, or any identifiable portion thereof, a prorated portion of the lease proceeds in excess of the cost of custodial salaries and utilities associated with the lease shall be turned over to the State Treasurer during any period of the lease that the bonded indebtedness held by the State remains outstanding and unpaid. The amount of such excess lease revenues payable to the State shall be equal to the lesser of:

1. The actual debt service payable by the State during any period covered by the lease; or

2. The amount of the excess revenues generated by the lease during any period that the bonded indebtedness held by the State remains outstanding and unpaid, multiplied by a fraction equal to the State share in the major capital project or projects for which the outstanding, unpaid, bonded indebtedness was originally issued.

In the event that the outstanding, unpaid, bonded indebtedness relates only to an identifiable portion of the leased facility, the amount payable to the State Treasurer shall be the amount calculated in accordance with the preceding sentence, multiplied by a fraction, the numerator of which shall be the gross square footage of the identifiable portion of the leased facility which is included in the lease and the denominator of which shall be the gross square footage of the entire identifiable portion of the leased facility to which the outstanding, unpaid, bonded indebtedness relates.

(3) Before leasing such property or part thereof to any person or organization for any period in excess of 12 months, and before renewing any existing lease where the original term was for 12 months or less but the original term or terms together with the proposed renewal period or periods will exceed 12 months:

a. The school district board of education shall first offer to lease the property to state agencies. If, as a result of the public hearing, sufficient objections to the use of the property by a state agency have been raised, then the school district board of education may refuse to lease to a state agency.

b. If no agency of state government declares an intent to lease the property within 30 days of the offer, or if the lease by a requesting state agency is denied, the school district board of education shall offer to lease the property to the local government in whose jurisdiction the property is located. If, as a result of the public hearing, sufficient objections to the use of the property by the local government have been raised, then the school district board of education may refuse to lease to the local government.

c. If such local government does not declare an intent to lease the property within 30 days of the offer, or if the lease by a requesting local government is denied, the school district board of education may proceed either to offer to lease the property on the open market or enter into an agreement with a lessee, the terms of which are supported by an independent appraisal. If, as a result of the public hearing, sufficient objections to the use of the property by such third-party lessee have been raised, then the school district board of education may refuse leasing to such third party lessee.

(4) No lease of property pursuant to this subsection shall be negotiated until the school district board of education has complied with the procedures set forth in paragraphs (a)(1) through (5) of this section.

(5) No lease of property pursuant to this subsection shall be entered into unless the proposed use of the property is compatible with the characteristics of the neighborhood in which the property is located.

(6) Should a school district contract with any person or organization to lease a classroom building during the regular school year, and specifically during normal operating hours, the State shall not be obligated to build or construct any additional space that may be needed by the school district as a result of entering into such lease.

(c) No sales agreement, lease or donation of real property described within this section shall be negotiated when such property contains or is an integral part of recreational facilities, such as athletic fields or playgrounds, unless and until the board has made specific findings with respect to such facilities after discussion thereof in public forum as described in paragraph (a)(3) of this section. In the event the property was acquired or constructed with 100% state funding, then this subsection shall not apply. Assignment of funds to bond payment shall occur according to the priority schedule in paragraph (a)(15) of this section.

(d) Any purchases, leases or donations not finalized as of April 8, 1982, shall be subject to all the terms and conditions described herein.

(e) Notwithstanding any provision of subsection (a), (b), (c) or (d) of this section, any real property:

(1) To which title is held by a reorganized school district free of any recorded liens;

(2) Which was originally purchased and paid for by 100% local district funds;

(3) Which is no longer needed for school purposes; and

(4) From the sale of which all proceeds would be retained by the local school district

may be sold by the district without first following the procedures set forth in subsection (a), (b), (c) or (d) of this section.

(f) Notwithstanding any provisions of subsection (a), (b), (c), (d) or (e) of this section, a school district may sell timber located on the real property of the school upon an affirmative vote of a majority of the members of the Board. Sixty percent of the net proceeds (after the expenses relating to the sale and any replanting of trees determined appropriate by the Board) from the sale shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. The balance of the proceeds may be utilized by the Board as part of their general fund.

(g) Notwithstanding any provision of § 1056 of this title or subsection (b) of this section, when any real property or part thereof any reorganized school district is not then deemed necessary for school purposes, the board of education of the district may lease such property or part thereof to any person or organization for agricultural use. Such a lease may be in excess of 12 months without requiring the district to first offer to lease the property to State agencies, the local government in whose jurisdiction the property is located, or on the open market. The person or organization leasing such property for agricultural purposes shall be required to pay fair rental value of the property. Any funds raised by the school district for such purpose shall be retained by the school district to be used as local funds for any permissible educational purpose.
14 Del. C. § 514 — Delaware Code / Title 14 / Chapter 5 / Section 514
§ Â
        514. State reports on the charter school program.
Status: in_force

Annually, the Department shall prepare a report for the Governor, the General Assembly, and the State Board of Education on the success or failure of charter schools and propose changes in state law necessary to improve or change the charter school program. Such report shall contain a section comparing the per student expenditures of charter schools, considering all sources of such expenditures, with those of other public schools. Such report shall also contain:

(1) The Secretary of Education’s analysis of, recommendations relating to, and proposed changes relating to Delaware education laws, in light of the content of annual reports submitted pursuant to § 513 of this title; and

(2) The Secretary’s assessment of specific opportunities and barriers relating to the implementation of charter schools’ innovations in the broader Delaware public education school system.
14 Del. C. § 1067 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1067
§ Â
        1067. Election of Milford Special School District in 1969 for the Board of Education.
Status: in_force

On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect 2 members of the Board of Education of Milford Special School District. The individual with the highest number of votes shall be elected for a term of 5 years. The individual with the second highest number of votes shall be elected for a term of 4 years and shall fill the vacancy created by the expiration of the term of the previously elected school board member. Both individuals shall be elected at large in the entire Milford Special School District and shall serve in addition to the 3 then incumbent previously elected school board members. Thereafter, school board members in the school district shall be elected in accordance with §§ 1051 and 1052 of this title. No fewer than 2 members shall be residents of Kent County and no fewer than 2 members residents of Sussex County.
14 Del. C. § 4126 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4126
§ Â
        4126. School-based health centers.
Status: in_force

(a) All public high schools, including vocational-technical schools, but not including charter schools, are required to have a school-based health center compliant with § 3571G of Title 18 and regulations promulgated thereunder.

(b) The State shall bear the start-up costs for a school-based health center at any public high school that lacks such a center as of July 20, 2016. The State shall fund such costs for at least 1 school per fiscal year until such a time as all public high schools, other than charter schools, are in compliance with this section.
14 Del. C. § 201 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 201
§ Â
        201. System of free public schools.
Status: in_force

The system of free public schools throughout this State shall be general and efficient.
14 Del. C. § 132 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 132
§ Â
        132. Education Science in Motion Fund; receipts; rules and regulations.
Status: in_force

(a) This section authorizes the creation of a special fund within the State Treasurer’s office, designated the Education Science in Motion Fund, hereinafter referred to as the Fund. The Secretary of Education shall authorize the expenditure of moneys within the Fund.

(b) The Fund shall be expended for 2 vans equipped with science equipment, 1 for New Castle County and 1 for Kent and Sussex Counties, as well as for supplies, operating expenses and personnel.

(c) Receipts to the Fund shall include, but are not limited to:

(1) Appropriations made at the discretion of the General Assembly;

(2) Grant funds;

(3) Donations and contributions;

(4) Federal funds; and

(5) Appropriations made by local governments.

(d) The Department of Education shall solicit matching funds from organizations including, but not limited to, private foundations or alliances, public or nonpublic agencies, institutions, organizations or businesses.

(e) The Department of Education may adopt rules and regulations necessary for the implementation of this section.
14 Del. C. § 221 — Delaware Code / Title 14 / Chapter 2 / Subchapter II / Section 221
§ Â
        221. Definitions.
Status: in_force

(1) “Committee” means the Wilmington Neighborhood Schools Committee.

(2) “District” or “districts” means Brandywine School District, Colonial School District, Christina School District and/or Red Clay Consolidated School District, either jointly or severally, as context indicates.

(3) “Plan” means a Neighborhood School Plan.
14 Del. C. § 107 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 107
§ Â
        107. P-20 Council.
Status: in_force

(a) There shall be formed a P-20 Council to coordinate educational efforts of publicly-funded programs from early care through higher education and to foster partnerships among groups concerned with public education. The P-20 Council shall make recommendations designed to ensure a more integrated, seamless education system that enables children to enter school ready to learn, receive challenging instruction throughout their school careers, graduate from high school ready for college and careers, and continue their education through postsecondary study in a way that makes them productive and successful citizens.

(b) The P-20 Council shall be co-chaired by the Secretary of Education and the President of the State Board of Education. The Council members shall include the presidents (or their designees) of the public institutions of higher education in Delaware, along with the presidents of the institutions of higher education offering degree programs in education (or their designees). Additional members shall include the Chair of the Delaware Early Care and Education Council, the Chairs of the House and Senate Education Committees, a representative of the Governor’s Office, the Chair of the Business Roundtable Education Committee, the Executive director of the Delaware State Chamber of Commerce, the Secretary of the Department of Labor, the Secretary of the Department of Services for Children, Youth and their Families, the Secretary of the Department of Health and Social Services, the Secretary of the Department of Technology and Information, the Chief of the Delaware Chief School Officers Association, the President of the Delaware State Education Association, the President of the Delaware Parent-Teacher Association and the President of the Charter School Network, or their designees.

(c) The Co-Chairs may also establish such subcommittees as needed and determine the subcommittee memberships.
14 Del. C. § 4149 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4149
§ Â
        4149. Vision screening.
Status: in_force

(a) For purposes of this section, “vision screening” means a screening performed by the school nurse or other qualified healthcare professional in accordance with the Delaware School Nurse Manual. “Vision screening” includes a test for color blindness.

(b) Each school district and charter school must provide a vision screening to each student enrolled in kindergarten. Students in subsequent grade levels shall receive vision screenings at appropriate intervals to be determined by the Department. All new students to a district or charter school must receive a vision screening in a nontesting year if there is no record of a vision screening in the student’s electronic health record.

(c) The school shall record the results of the vision screening within the student’s electronic health record.

(d) If a student fails a vision screening, the school must notify the student’s parent, guardian, or relative caregiver.
14 Del. C. § 1042 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1042
§ Â
        1042. School boards to which this subchapter applies.
Status: in_force

This subchapter applies to school boards of all reorganized school districts in this State, except where otherwise provided in this subchapter.
14 Del. C. § 124A — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 124A
§ Â
        124A. Education-related data; school performance; reporting.
Status: in_force

(a) (1) The Department of Education (Department) shall collect and release education-related data relating to student progress in Delaware schools. “Education-related data” includes reports and resources for topics such as student enrollment, educational staff, school and student performance, and student health and wellness.

(2) On or before August 15, 2003, and on or before August 1 of each subsequent year, the Department shall issue reports on all Delaware public schools, including information for charter schools, reorganized and vocational-technical school districts, and statewide. The information provided under this paragraph (a)(2) shall report on this State’s public education system and progress toward achieving the educational goals established by the General Assembly, State, and the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(b) (1) The purpose of the education-related data is to monitor progress and trends toward the achievement of this State’s educational goals, to provide educators, families, and citizens with information they can use to make good choices for their children, and to hold the public educational system accountable for its performance and cost-effective use of public funds. Education-related data must be provided in a user-friendly form that permits educationally meaningful comparisons among schools and school districts, based on accurate, reliable, and normalized data. The Department must put a link to the reports required under paragraph (a)(2) of this section on all of the following:

a. The home page of the Department’s website.

b. The school choice website under § 401 of this title.

(2) a. Reports must compare the data required under this section by each school, school district, and at the statewide level.

b. If informative and practicable to do so, reports must also compare the data required under this section to similar data at the national and regional level and for other states.

(c) The reports required under paragraph (a)(2) of this section must contain all of the following:

(1) Information pertaining to student testing and achievement, including proficiency rates, and educational outcomes as measured against this State’s standards and other relevant indicators.

(2) Information pertaining to accountability.

(3) Information pertaining to school safety and discipline and student attendance, including truancy.

(4) Information pertaining to school district administrator-student ratios, school teacher-student ratios, and other staffing ratios.

(5) Information pertaining to pupil and staff population demographics, including the percent of low-income students, the percent of students with IEPs, and the percent of students who are ELL.

(6) Information pertaining to school district revenues, expenditures, tax rates, and wealth.

(7) Information pertaining to school curricular offerings, including the career pathways offered at a high school.

(8) Information pertaining to parent and community involvement in the school and school district.

(9) Information supplied by the school district or school pertaining to the criteria required under this subsection.

(10) Information pertaining to the role of the Title IX Coordinator, including the Title IX Coordinator’s contact information.

(11) All other information as the Department, after consultation with the State Board, finds will serve the purposes under subsection (b) of this section.

(12) Information relating to sports and other extracurricular activities. The information provided for each sport under this paragraph (c)(12) must include if the school has a team for girls, a team for boys, or the team is co-ed.

(d) With the goal of encouraging the replication of effective educational policies and practices, the Education Profiles shall also highlight examples of exemplary programs, successful teaching, school climate or disciplinary strategies and other developments that may be of value in improving the performance of Delaware’s students and public schools.

(e) The Department shall require public school districts to file district reports containing the data necessary to prepare the Education Profiles and shall prescribe a uniform format for such district reports. To the extent that the information required for the district reports must be filed by districts with the State pursuant to a separate section of this Code or Department regulation, the Department shall not require a duplicative report.

(f) The Education Profiles will be published, subject to an annual appropriation in the annual state budget act, at the expense of the State. Said profiles will be printed by the Department of Education in sufficient quantity and supplied to local school districts in sufficient quantity for distribution to district staff, parents and the community at large.

(g) The Department of Education with the consent of the State Board of Education shall promulgate rules and regulations to implement the provisions of this section.
14 Del. C. § 8003 — Delaware Code / Title 14 / Chapter 80 / Section 8003
§ Â
        8003. School bus safety camera systems.
Status: in_force

(a) The school district may enter into an agreement with a private vendor or manufacturer to provide a school bus safety camera system on each bus utilized by the school district, whether the bus is owned, contracted, or leased, up to and including the installation, operation, and maintenance of the systems.

(1) Any school bus utilizing the school bus safety camera system must display at a minimum, a strip of, yellow and black, high-intensity, reflective conspicuity adhesive tape on the front and the back of school bus stating, “Violation for Passing When Red Lights Flashing”.

(2) While utilizing the school bus safety camera systems, the school district must make at least 1 public service announcement each year warning the public in the school district that the school bus safety camera system is being utilized by the school district and that there is at least a $100 fine associated with illegally overtaking and passing a school bus utilizing the school bus safety camera system.

(b) Reimbursement. —

The fines collected through the implementation of school bus safety camera systems shall be used to reimburse the private vendor or manufacturer and the school district for the cost of installation, operation, and maintenance of the systems, requirements as listed in § 8803(a) of this title, to cover additional costs related to the administration of the program, and transportation safety related costs.

(c) Liability. —

The owner or operator of a vehicle approaching a school bus from the front or from the rear who has failed to stop when a school bus is stopped and displays flashing lamps to take on or discharge school children as evidenced by information obtained from a school bus safety camera system, shall be subject to a civil or administrative assessment of $100 for a first offense, which shall increase to $500 for each subsequent offense within 10 years of the prior offense or offenses; provided, however, that the school district may provide for an additional assessment not to exceed $10 if the civil or administrative assessment is not paid within 20 days, which assessment may be increased to an amount not to exceed $20 if the assessment is not paid within 45 days, and may be increased to an amount not to exceed $30 if the assessment is not paid within 90 days. Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. No assessments or court costs other than those specified in this subsection may be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance. Assessments collected as a result of a traffic control signal monitoring system shall be paid to the school district, after first being applied to reimburse the private vendor or manufacturer and the school district for their costs of administering such systems. This subsection does not apply to an owner or operator of a vehicle on a roadway with 4 or more lanes approaching a school bus from the front.

(d) Summons and notice of violation. —

Any nonresident owner or operator of any motor vehicle which is operated or driven on the public streets, roads, turnpikes, or highways of the school district is deemed to have submitted to the jurisdiction of the Delaware courts for purposes of this section. Notwithstanding any other provision of the Delaware Code, a summons for a civil violation of this section may be executed by mailing to any Delaware resident or nonresident by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Division of Motor Vehicles of this or any other state, as appropriate. Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing by first-class mail of a summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the:

(1) Name and address of the owner of the vehicle;

(2) Registration number of the motor vehicle involved in the civil violation;

(3) Civilviolation charges;

(4) Location where the civil violation occurred;

(5) Date and time of the civil violation;

(6) A copy of a photograph of the registration number of the motor vehicle involved in the civil violation and reference to where recorded video images taken as proof of the civil violation can be accessed by the owner of the motor vehicle;

(7) Amount of the civil assessment imposed and the date by which the civil assessment should be paid;

(8) Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the summonsed person or the denial of the registration or the renewal of the registration of any of the owner’s vehicles; and

(9) Notice of the summonsed person’s ability to rebut the presumption that the summonsed person was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.

(e) Payment by voluntary assessment. —

Persons electing to pay by voluntary assessment shall make payments to the school district. Procedures for payment under this subsection shall be as provided by the school district.

(f) Procedures to contest the civil violation. —

A person receiving the summons pursuant to this subsection may request a hearing to contest the civil violation by notifying, in writing, the school district within 20 days of the date on the summons. Upon receipt of a timely request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first-class mail. A civil hearing shall be held by the Justice of the Peace Court servicing the school district. The hearing may be informal and shall be held in accordance with Justice of the Peace Court Rules. Additional administrative collection processes may be established by court rule, policy directive, regulation, code, or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.

(g) Failure to pay or successfully contest the violation. —

If the owner or an operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time, or submit an affidavit stating that the owner or operator identified was not the driver, or if the owner or operator identified by the owner is found responsible at a hearing and fails to pay as ordered by the Court, or requests a hearing and fails to appear they will be considered in non-compliance. Upon receiving a record of non-compliance, the Clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil penalty, costs, and any applicable penalty amounts, giving credit for any amount paid. Such judgment may, upon motion, be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the Court and the school district shall have authority to seek such execution, enforcement or transfer.

(h) Proof of civil violation. —

Proof of a civil violation of this subsection shall be evidenced by information obtained from a school bus signal violation monitoring system authorized pursuant to this subsection. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a school bus signal violation monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a technician that is Red Clay Consolidated School District personnel authorized to impose assessments pursuant to this section. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to regulation, ordinance, or other law adopted pursuant to this section.

(i) Presumptions. —

The owner of any vehicle found to be in violation of this chapter shall be held prima facie responsible for such civil violation in the same manner as provided for under § 7003 of Title 21, unless the owner can furnish evidence that the vehicle was, at the time of the civil violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner does any of the following:

(1) Furnishes an affidavit by regular mail to the entity indicated on the summons that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented or otherwise had the care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the time of the alleged violation of this section.

(2) Provides proof in court that the owner was not the operator of the vehicle at the time of the alleged violation. A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated the school bus signal. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.

(j) Notwithstanding any other provision in this section, if the motor vehicle which is found by the school bus safety camera system to have failed to comply with a school bus signal is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time, and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the school district with the name and address of the driver of the vehicle at the date, time, and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the school district of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of Title 21 and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of subsection (d) of this section to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in subsection (g) of this section.

(k) Any person found responsible for a bus safety camera violation shall have a right of appeal only in those cases in which the civil penalty imposed exceeds $500, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the time of the finding of responsible. Such appeal shall operate as a stay or supersedes all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court. Additional penalty assessments for late payment/response shall be included.
14 Del. C. § 406 — Delaware Code / Title 14 / Chapter 4 / Section 406
§ Â
        406. Racial balance.
Status: in_force

(a) If approval of all of the applications for transfer into or out of a district would result in the district being out of compliance with any applicable court-ordered desegregation plan, the district shall establish the number of majority and minority group pupils who may transfer into or out of the district.

(b) Any action by the board of the district of residence to disapprove the application pursuant to this section shall be taken no later than March 15 of the school year preceding enrollment.

(c) The board of the district of residence shall transmit a notice of the board’s action pursuant to this section to the parent within 5 working days after board action.
14 Del. C. § 175A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 175A
§ Â
        175A. Withdrawal and dissolution.
Status: in_force

(A) Withdrawal. — (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.

(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until 1 year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.

(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

(B) Dissolution of compact. — (1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to 1 member state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
14 Del. C. § 1055 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1055
§ Â
        1055. Maintenance of school property.
Status: in_force

The school board of each reorganized school district shall provide for the care of the buildings, grounds, equipment, apparatus and other school property and shall maintain the same in accordance with the standards adopted by the Department. The school board shall make all repairs to school property, purchase all necessary furniture and provide for adequate heating and proper ventilation of the buildings.
14 Del. C. § 2002 — Delaware Code / Title 14 / Chapter 20 / Section 2002
§ Â
        2002. Establishment of standard formula.
Status: in_force

The Department of Education shall establish a standard school construction formula which shall be uniform throughout the State. The standard formula so established shall take into consideration the different educational requirements at the various grade levels and the number of pupils for whom the facilities are planned.
14 Del. C. § 1330 — Delaware Code / Title 14 / Chapter 13 / Section 1330
§ Â
        1330. Work week for certain employees.
Status: in_force

The work week for the employees of the Department of Education shall be 371/2 hours per week.
14 Del. C. § 3452 — Delaware Code / Title 14 / Chapter 34 / Subchapter VI / Section 3452
§ Â
        3452. Requirements to receive benefits.
Status: in_force

(a) In order to qualify for the benefits of this subchapter, an applicant shall be:

(1) The child of:

a. A member of the armed forces who was killed while on active duty or who died from disease, wounds, injuries or disabilities arising or resulting from performance of duty;

b. A member of the armed forces who is being held or who was held as a prisoner of war;

c. A member of the armed forces officially declared missing in action; or

d. A state police officer who was killed in the line of duty or who died from disease, wounds or disabilities arising or resulting from pursuit of the officer’s official duties;

e. An employee of the Department of Transportation routinely employed in job-related activities upon the state highway system, such as toll operators, construction inspectors, equipment operators, bridge inspectors and maintenance staff, and survey crews, who was killed in the line of duty or who died from disease, wounds, or disabilities arising or resulting from pursuit of the employee’s official duties.

(2) A person who at the time of application for benefits is at least 16 years of age, but not more than 24 years of age, and who shall have been a resident of the State for at least 3 years prior to the date of application; and

(3) Attending or admitted for attendance at an educational institution beyond the high school level in a program not to exceed 4 years in duration.

(b) No child of a member of the armed forces shall receive educational benefits in accordance with this subchapter unless such child qualifies under subsection (a) of this section, and:

(1) A parent of such child is a resident of the State and is or was missing in action or held as a prisoner of war; or

(2) A parent of such child was a resident of the State at the time such parent was killed or later died from disease, wounds, injuries or disabilities arising or resulting from performance of duty.
14 Del. C. § 5309 — Delaware Code / Title 14 / Chapter 53 / Section 5309
§ Â
        5309. Department of Physical Education.
Status: in_force

The University shall maintain a Department of Physical Education. The objects and purposes of the Department shall be the teaching of physical education and other allied subjects.
14 Del. C. § 4107A — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4107A
§ Â
        4107A. Primary election day; in-service day.
Status: in_force

(a) School districts shall allow public school buildings to be used as polling places for primary elections if requested by the department of elections for a county.

(b) Every day on which a primary election is held shall be an in-service day for any school district where any district schools are used as polling places for a primary election.
14 Del. C. § 1083 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1083
§ Â
        1083. Counting ballots; tie vote; certification of election.
Status: in_force

(a) The Department of Elections conducting an election in accordance with this title shall compile and announce the unofficial results as soon as possible after the close of the election. No later than 15 days following the close of a public school election, the Department of Elections conducting the election shall canvass the vote and certify the results of the election as provided in subsection (d) of this section. For the election of school board members, the persons receiving the highest number of votes shall be declared duly elected to the position of school board member. The Department of Elections conducting the election shall keep the certificate of the results of each public school election conducted under this title as a public record in their offices.

(b) In case of a tie:

(1) For the election of school board members, no later than the third Saturday in June following the May election, another election shall be held in accordance with this chapter to decide which of the candidates so tied shall be elected school board member;

(2) For an election pursuant to Chapter 19, 20 or 21 of this title and for elections to determine a consolidation, division or change of boundaries of a reorganized school district, another election shall be held not less than 30 days nor more than 60 days after the date of the tied election, in accordance with this chapter, in order to break the tie.

(c) The Department of Elections conducting the election shall give a certificate of election to each person elected to the office of school board member.

(d) Certification requirements. — (1) In the case of an election pursuant to Chapter 10 or 19 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district no later than the 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(2) In the case of an election pursuant to Chapter 20 or 21 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(3) In the case of an election to determine a consolidation, division or change of boundaries of a reorganized school district, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than l6 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day.

(e) Within 96 hours following the certification of a public school election, 25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or 1/2 of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. The Department of Elections that conducted the elections shall:

(1) Examine the voting machine tape from each voting machine used in the election and determine if the results were properly reported. The department shall then correct any results that were incorrectly reported.

(2) Examine the absentee vote tally sheets and determine if errors were made in reporting the absentee vote. The department shall then correct any errors in the reporting of the absentee votes.

(3) Count or cause to be counted all absentee ballots that were cast in the election and correct any errors in the tally that had been reported.

(4) Certify or, if necessary, recertify the recompiled results as required by this title.
14 Del. C. § 3442 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3442
§ Â
        3442. B. Bradford Barnes Memorial Scholarship.
Status: in_force

(a) One scholarship will be awarded each year to a graduating high school senior who will enter the University of Delaware.

(b) The Office will award scholarships only to students who have received an offer of admission from the University of Delaware. 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 the University of Delaware.
14 Del. C. § 9217 — Delaware Code / Title 14 / Chapter 92 / Section 9217
§ Â
        9217. Tax exemption.
Status: in_force

The Authority shall not be required to pay any taxes or assessments of any kind whatsoever and its bond, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by this State or by any of its political subdivisions, municipal corporations or public agencies of any kind.
14 Del. C. § 3501 — Delaware Code / Title 14 / Chapter 35 / Section 3501
§ Â
        3501. Part-time schools or classes for children having employment certificates.
Status: in_force

The board of education in every school district in this State in which there are employed or there reside 15 or more children between the ages of 12 and 16 years to whom have been granted employment certificates in accordance with the child labor and compulsory school attendance laws shall establish and maintain part-time schools and classes in general civic or vocational subjects for such employed children or for minors under 16 who have ceased to attend all-day schools. Such schools and classes shall be under the control and management of the board of education and shall be an integral part of the public school system of the city or district which maintains them. The part-time schools or classes shall be maintained each year during the full period of time when the public schools of the district are in session.
14 Del. C. § 4015 — Delaware Code / Title 14 / Chapter 40 / Section 4015
§ Â
        4015. Binding interest arbitration.
Status: in_force

(a) Within 7 working days of receipt of a petition or recommendation to initiate binding interest arbitration, the Board shall make a determination, with or without a formal hearing, as to whether a good faith effort has been made by both parties to resolve their labor dispute through negotiations and mediation and as to whether the initiation of binding interest arbitration would be appropriate and in the public interest.

(b) Pursuant to § 4006(f) of this title, the Board shall appoint the Executive Director or the Executive Director’s designee to act as binding interest arbitrator. Such delegation shall not limit a party’s right to appeal to the Board.

(c) The binding interest arbitrator shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute and to render a decision on unresolved contract issues. The hearings shall be held at times, dates and places to be established by the binding interest arbitrator in accordance with rules promulgated by the Board. The binding interest arbitrator shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on the binding interest arbitrators’ own behalf.

(d) The binding interest arbitrator shall make written findings of facts a decision for the resolution of the dispute; provided however, that the decision shall be limited to a determination of which of the parties’ last, best, final offers shall be accepted in its entirety. In arriving at a determination, the binding interest arbitrator shall specify the basis for the binding interest arbitrator’s findings, taking into consideration, in addition to any other relevant factors, the following:

(1) The interests and welfare of the public.

(2) Comparison of the wages, salaries, benefits, hours and conditions of employment of the employees involved in the binding interest arbitration proceedings with the wages, salaries, benefits, hours and conditions of employment of other employees performing the same or similar services or requiring similar skills under similar working conditions in the same community and in comparable communities and with other employees generally in the same community and in comparable communities.

(3) The overall compensation presently received by the employees inclusive of direct wages, salary, vacations, holidays, excused leaves, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received.

(4) Stipulations of the parties.

(5) The lawful authority of the public school employer.

(6) The financial ability of the public school employer based on existing revenues, to meet the costs of any proposed settlements; provided that, any enhancement to such financial ability derived from savings experienced by such public school employer as a result of a strike shall not be considered by the binding interest arbitrator.

(7) Such other factors not confined to the foregoing which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, binding interest arbitration or otherwise between parties, in public service or in private employment. In making determinations, the binding interest arbitrator shall give due weight to each relevant factor. All of the above factors shall be presumed relevant. If any factor is found not to be relevant, the binding interest arbitrator shall detail in the binding interest arbitrator’s findings the specific reason why that factor is not judged relevant in arriving at the binding interest arbitrator’s determination. With the exception of paragraph (d)(6) of this section, no single factor in subsection, shall be dispositive.

(e) Within 30 days after the conclusion of the hearings but not later than 120 days from the day of appointment, the binding interest arbitrator shall serve the binding interest arbitrator’s written determination for resolution of the dispute on the public school employer, the certified exclusive representative and the Board. The decision of the binding interest arbitrator shall become an order of the Board within 5 business days after it has been served on the parties.

(f) The cost of binding interest arbitration shall be borne equally by the parties involved in the dispute.

(g) Nothing in this chapter shall be construed to prohibit or otherwise impede a public school employer and certified exclusive representative from continuing to bargain in good faith over terms and conditions of employment or from using the services of a mediator at any time during the conduct of collective bargaining. If, at any point in the impasse proceedings invoked under this chapter, the parties are able to conclude their labor dispute with a voluntarily reached agreement, the Board shall be so notified, and all impasse resolution proceedings shall be forthwith terminated.
14 Del. C. § 1506 — Delaware Code / Title 14 / Chapter 15 / Section 1506
§ Â
        1506. Limitation on use of tax revenues.
Status: in_force

No tax revenues of the State, or of any political subdivision thereof, or of any school district, shall be used for the free public education of pupils living in the State on real property exempt from taxes levied on real property. The limitations of this section shall not apply to pupils living on real property owned by the State or any of its political subdivisions, or by the federal government where such real property is used for nonmilitary housing, or where such real estate is exempt from such taxes on account of the use of such property for charitable, educational or religious purposes.
14 Del. C. § 2113 — Delaware Code / Title 14 / Chapter 21 / Section 2113
§ Â
        2113. Cancellation and destruction of paid bonds and coupons.
Status: in_force

After any bonds issued under the authority of this chapter or the coupons annexed thereto shall have been paid, they shall be immediately cancelled, a record of payment shall be made and the bonds or coupons destroyed.
14 Del. C. § 2117 — Delaware Code / Title 14 / Chapter 21 / Section 2117
§ Â
        2117. Assessment list; objections; posting; hearing.
Status: in_force

The school board of the district in which the tax is to be levied under § 2116 of this title shall use the assessment list of the county in which that district is located, in order to determine all the taxables of the district, the property of each taxable and the assessed value thereof. Such list shall constitute the assessment list of the district for purposes of levying a tax under § 2116 of this title.
14 Del. C. § 1509 — Delaware Code / Title 14 / Chapter 15 / Section 1509
§ Â
        1509. Transparency of district finances.
Status: in_force

Each district and charter school shall post on its web site by September 1, 2009, and every 3 months thereafter a check register indicating the recipient of each check issued by the school district or charter school, the amount of the check, and identifying information regarding the check sufficient to permit members of the public to seek additional information regarding the payment in question. The only information excepted from inclusion in this database shall be records that would not constitute public records under § 10002 of Title 29, and records for which the disclosure would violate any federal or state law.
14 Del. C. § 9207 — Delaware Code / Title 14 / Chapter 92 / Section 9207
§ Â
        9207. Loan funding deposits.
Status: in_force

(a) (1) The Authority shall establish guidelines relating to:

a. The deposits of certain moneys, endowments or properties by institutions so as to provide reasonable security for education loan funding programs, Authority loans, education loans or for bonds; and

b. Guarantees of or contracts to purchase education loans or bonds by the institutions or by financial institutions or others.

(2) A default reserve fund may be established for any series or issue of bonds.

(b) (1) The Authority may receive moneys, endowments, properties and guarantees as it determines appropriate and, if necessary, take title in the name of the Authority or in the name of a participating institution or a trustee.

(2) When the principal of and interest on bonds of the Authority issued to finance the cost of any education loan financing program or programs, including any refunding bonds issued to refund or refinance any bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the bonds, and all other conditions of the bond resolution authorizing the bonds have been satisfied and the lien created by the bond resolution has been released, the Authority shall promptly do the things and execute the deeds and conveyances necessary and required to convey any remaining moneys, properties and other assets comprising loan funding deposits to the participating institutions in proportion to the amounts furnished by the respective institutions.
14 Del. C. § 1021 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1021
§ Â
        1021. Types of reorganized school districts.
Status: in_force

After July 1, 1969, all school districts in this State shall be known as “reorganized school districts.”
14 Del. C. § 9209 — Delaware Code / Title 14 / Chapter 92 / Section 9209
§ Â
        9209. Trust agreement.
Status: in_force

(a) Any bonds issued under this chapter may be secured by a trust agreement by and between the Authority, a participating institution and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State.

(b) Any trust agreement or bond resolution may:

(1) Pledge or assign any revenues to be received by the Authority or proceeds or benefits of any contract and may serve to convey or mortgage or otherwise secure any property or property rights;

(2) Contain provisions for protecting and enforcing the rights and remedies of bondholders;

(3) Restrict the individual right of action by bondholders; and

(4) Contain such other provisions as the Authority deems appropriate.

(c) Any expense incurred in carrying out the trust agreement may be treated as a part of the cost of the operation of an education loan program.
14 Del. C. § 2703A — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2703A
§ Â
        2703A. Homeschools defined.
Status: in_force

(a) For purposes of this chapter, a “homeschool” is considered a nonpublic school, except that students enrolled in homeschools are deemed to be parentally-placed private school children for purposes of providing equitable services using proportionate share funds under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et. seq.

(b) The 3 types of homeschools are defined as follows:

(1) “Multi-family homeschool” means the education of children, primarily by the parents or legal guardians of the children mainly in 1 or more residences, or other facilities, when the children are not all related to each other as brother or sister. A person shall act as a liaison to the Department of Education for reporting enrollment and attendance information for all families involved.

(2) “Single-family homeschool” means the education of an individual’s own child, primarily by the parent or legal guardian of the child, mainly in their own residence.

(3) “Single-family homeschool coordinated with the local school district” means the education of a child primarily by the parent or legal guardian of the child, mainly in their own residence, using a curriculum approved by the local superintendent or the local superintendent’s designee. The local superintendent shall determine in writing that the student is or will be provided with regular and thorough instruction by the student’s parent or legal guardian in the subjects prescribed for the public schools of the State and in a manner suitable to children of the same age and stage of advancement.
14 Del. C. § 8102A — Delaware Code / Title 14 / Chapter 81A / Section 8102A
§ Â
        8102A. Definitions [For applicability of chapter, see 80 Del. Laws, c. 149, Ââ2].
Status: in_force

For purposes of this chapter:

(1) “Aggregate student data” means data that is not personally identifiable and that is collected or reported at the group, cohort, or institutional level.

(2) “De-identified data” means a student data set that cannot reasonably be used to identify, contact, single out, or infer information about a student or a device used by a student.

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

(4) “Education record” means an education record as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulations, 34 C.F.R. Part 99, as amended.

(5) “Geolocation data” means information that is, in whole or part, generated by, derived from, or obtained by the operation of an electronic device that can be used to identify the past, present, or future location of an electronic device, an individual, or both.

(6) “Internet” means, collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire, radio, or other methods of transmission.

(7) “K-12 school purposes” means purposes that customarily take place at the direction of a school, teacher, or school district or aid in the administration of school activities, including instruction in the classroom or at home, administrative activities, preparing for postsecondary education or employment opportunities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school.

(8) “Law-enforcement entity” means any government agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice, including the Delaware State Police, all law-enforcement agencies and police departments of any political subdivision of this State, the Department of Correction, and the Department of Justice.

(9) “Online contact information” means an e-mail address or any other substantially similar identifier that permits direct contact with an individual online, including an instant messaging user identifier, a voice-over-internet protocol (VOIP) identifier, a video chat user identifier, or a screen name or user name that permits such contact.

(10) “Operator” means any person other than the Department, school districts, or schools, to the extent that the person does any of the following:

a. Operates an internet website, online or cloud computing service, online application, or mobile application with actual knowledge that the internet website, online or cloud computing service, online application, or mobile application is used primarily for K-12 school purposes and was designed and marketed for K-12 school purposes.

b. Collects, maintains, or uses student data in a digital or electronic format for K-12 school purposes.

(11) “Parent” means a student’s parent, legal guardian, or relative caregiver pursuant to § 202(f) of this title.

(12) “School” means any public school in the State providing educational instruction in one or more grades from kindergarten through grade 12.

(13) “School district” means a clearly defined geographical subdivision of the State organized for the purpose of administering public education in that area.

(14) “State-assigned student identifier” means the unique student identifier assigned by the State to each student that shall not be and shall not include the Social Security number of a student in whole or in part.

(15) “Student” means any individual attending a school in this State.

(16) “Student data” means personally identifiable information or materials, in any media or format, that meets any of the following:

a. Is student performance information.

b. Is created or provided by a student or parent to an employee or agent of the Department, school district, or school.

c. Is created or provided by a student or parent to an operator in the course of the student’s or parent’s use of the operator’s site, service, or application for K-12 school purposes.

d. Is created or provided by an employee or agent of a school district or school, to an operator.

e. Is gathered by an operator through the operation of a site, service, or application described in paragraph (10)a. of this section and can be used to distinguish or trace the identity of the student, or is linked to information that can be used to distinguish or trace the identity of the student, including information in the student’s education record or email; the student’s name, in whole or in part; residential or other address that allows physical contact; telephone number; online contact information; discipline records; test results; special education data; juvenile dependency records; criminal records; medical records; health records; Social Security number; passport number; student identification number or other student identifier; driver’s license number; state identification card number; alien registration number; geolocation data; biometric information; disability status; socioeconomic information; food purchases; political affiliations; religious information; text messages; instant messages; documents; search activity; photos; voice recordings; or video recordings.

(17) “Student performance information” means the following data relating to student performance from early childhood learning programs through postsecondary education: college and career readiness; course and grade; degree, diploma, or credential attainment, including high school equivalency diploma; demographic; educator; enrollment; financial aid; remediation; retention; state and national assessments; transcripts; vocational and technical education information; any other data relating to education deemed necessary by the Department.

(18) “Targeted advertising” means presenting advertisements to a student, or a student’s parent, where the advertisement is selected based on information obtained or inferred from that student’s online behavior, usage of applications, or student data. “Targeted advertising” does not include advertising to a student at an online location based upon that student’s current visit to that location without collection and retention of a student’s online activities over time.
14 Del. C. § 1713 — Delaware Code / Title 14 / Chapter 17 / Section 1713
§ Â
        1713. State School Fund income and General Fund.
Status: repealed

Repealed by 71 Del. Laws, c. 180, § 107A, effective July 31, 1997.
14 Del. C. § 1219 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1219
§ Â
        1219. Disclosure [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant for a license or permit under this chapter to disclose that applicant’s own criminal conviction history. Failure to disclose a criminal conviction history pursuant to this section is grounds for denial of a license or permit under § 1217 of this title, revocation of a license or permit under § 1218 of this title, and criminal prosecution under subchapter I of Chapter 3 of Title 31.
14 Del. C. § 3135 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3135
§ Â
        3135. Administrative hearing.
Status: in_force

(a) A parent, district or state agency may initiate a hearing concerning any right or entitlement conferred by this chapter.

(b) A hearing is initiated by submission of a written request to the Secretary of Education.

(c) The Secretary of Education, upon receipt of a request for hearing, shall appoint a hearing panel whose membership shall meet the requirements of § 3137 of this title.

(d) The district or state agency shall inform the parent of any free or low-cost legal and other relevant services available in the area whenever:

(1) The parent requests the information; or

(2) A hearing is initiated pursuant to this section.
14 Del. C. § 4204 — Delaware Code / Title 14 / Chapter 42 / Section 4204
§ Â
        4204. Finances of the Center.
Status: in_force

(a) The Center shall be authorized to receive state appropriations, federal moneys, and local school district funding and shall follow state and federal policies and procedures for the investment of such funds.

(b) The Center shall be authorized to establish special fund accounts for the purpose of receiving donations, grants, gifts and such other contributions that may be presented to it for use in the conduct of its business, subject to approval of the State Clearinghouse Committee. These accounts shall be interest-earning. The Center may accept such restrictions as the grantor or grantors may impose; provided, however, that no such restrictions contravene the laws of the State. These accounts shall be subject to audit by the State Auditor.

(c) The General Assembly intends that any funding provided to the Center shall augment, rather than replace, funding for existing programs. Toward this end, any funds provided to local education agencies by the Center shall not be used to reduce expenditures from funds received by districts from other funding sources, including but not limited to: State appropriations, federal grants, local district funding and other nonpublic funding sources.
14 Del. C. § 1261 — Delaware Code / Title 14 / Chapter 12 / Subchapter VI / Section 1261
§ Â
        1261. Requirements for a district or charter school utilizing an alternative routes for teacher initial licensure and certification program.
Status: in_force

A district or charter school seeking to hire an individual who is a potential participant in an ARTC program must do all of the following:

(1) Assign to each individual who is a potential participant a mentor under rules and regulations promulgated and adopted under §§  1210 and 1212 of this title.

(2) Provide an initial period of intensive on-the-job supervision under rules and regulations promulgated by the Department.

(3) Provide an additional period of continued supervision and evaluation under rules and regulations promulgated by the Department.
14 Del. C. § 6512 — Delaware Code / Title 14 / Chapter 65 / Section 6512
§ Â
        6512. Authority to issue bonds.
Status: in_force

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

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

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

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

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

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

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

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

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

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

(k) Any contracts or classes of contracts with firms or individuals entered into by Delaware State University in connection with the issuance and sale of any revenue bonds authorized by this section must be approved by the majority of the State’s bond issuing officers (as defined for the purposes of Title 29, Chapter 74), or authorized designees.

(l) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this chapter.
14 Del. C. § 5704 — Delaware Code / Title 14 / Chapter 57 / Section 5704
§ Â
        5704. Separate fund.
Status: in_force

The securities purchased under § 5703 of this title shall be held by the State Treasurer in a separate fund, as investments of the State are held, and the income shall be collected and disbursed as provided in this chapter.
14 Del. C. § 4137A — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4137A
§ Â
        4137A. Free School Meals Program [For application of this section, see 84 Del. Laws, c. 317, Â 2].
Status: in_force

(a) Definitions. —

As used in this section:

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

(2) “National School Lunch Program” means the federal Richard B. Russell National School Lunch Act created in 42 U.S.C.§ 1751 et seq.

(3) “Program” means the Free School Meals Program created under this section.

(4) “Reduced-price meal” means a meal a child is entitled to receive under the School Breakfast Program or National School Lunch Program when the family’s income is between 130% and 185% of the federal poverty threshold, as published annually in the Federal Register, and as required under § 9 of the Richard B. Russell National School Lunch Act, 42 U.S.C. § 1758.

(5) “School Breakfast Program” means the federal School Breakfast Program created in 42 U.S.C. § 1773 et seq.

(b) All public schools that participate in the School Breakfast Program and National School Lunch Program must provide a breakfast meal and a lunch meal free of charge to any student who qualifies for a reduced-price meal with a maximum of 1 free meal for each meal service period. The meals provided free of charge under this Program must meet the meal pattern requirements under the School Breakfast Program and National School Lunch Program.

(c) The Department shall reimburse all public schools participating in the Program. The amount of reimbursement, by the Department to each participating public school for each budget year, will be equal to the federal free reimbursement rate multiplied by the total number of eligible meals that the participating public school serves during the applicable budget year minus the total amount of reimbursement for eligible meals served during the applicable budget year that the participating public school receives under the School Breakfast Program and National School Lunch Program.

(d) The Department may promulgate rules and regulations as necessary to implement this Program, including rules to maximize the amount of federal funding available to implement and operate this Program.
14 Del. C. § 4503 — Delaware Code / Title 14 / Chapter 45 / Section 4503
§ Â
        4503. Definitions.
Status: in_force

As used in this chapter:

(1) “Applicant” means a school district, as defined in this title, acting independently, or as part of a consortia with other school districts, or an institution of higher education acting on behalf of school districts, or a charter school established under Chapter 5 of this title.

(2) “Candidate” means a student enrolled in a public school or a post-secondary institution of higher learning in Delaware.

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

(4) “District” means a reorganized school district.

(5) “Educator” shall have the meaning set forth in § 1202 of this title.

(6) “High-need school” means any school either:

a. In the top quartile in 3 or more of the following:

1. Percentage of low-income students.

2. Percentage of English learners.

3. Percentage of minority students.

4. Percentage of students with disabilities; or

b. Has 90% of its students classified as low-income, English learners, or minority.

(7) “Low-income students” means students within the statewide metric determined by the Department of Education utilizing direct certification for Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP).

(8) “Minority student” means students who are members of a racial or ethnic group other than the racial or ethnic group that represents the majority of the State’s population.

(9) “Program” means a Grow Your Own Educator Program as established under this chapter.

(10) “Students with disabilities” means students who because of mental, physical, emotional, developmental, speech or learning disability problems, as defined by the Department of Education rules and regulations, require special education and related services in order to develop their own capabilities.

(11) “Teacher academies” means high school programs of study that prepare students for education careers by providing a career and technical education.
14 Del. C. § 8104A — Delaware Code / Title 14 / Chapter 81A / Section 8104A
§ Â
        8104A. Operator duties [For applicability of chapter, see 80 Del. Laws, c. 149, Ââ2].
Status: in_force

An operator shall:

(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the student data to protect that information from unauthorized access, destruction, use, modification, or disclosure, which shall, at a minimum, comply with the Department of Technology and Information’s Cloud and Offsite Hosting Policy and include the terms and conditions set forth in the Department of Technology and Information’s Cloud and Offsite Hosting Template for Non-Public Data.

(2) Delete a student’s data within a reasonable timeframe not to exceed 45 calendar days if a school district or school requests deletion of data under the control of the school district or school.
14 Del. C. § 1216 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1216
§ Â
        1216. License extension; license freeze.
Status: in_force

(a) Upon a showing by an educator of exigent circumstances, the Department may, through rules and regulations promulgated and adopted pursuant to this chapter, issue a license extension for a period not to exceed 1 year.

(b) An educator may take an extended leave of absence for up to 3 years with no effect upon the validity or expiration of the educator’s initial, continuing or advanced license.

(c) If an applicant is not employed by a public school district or charter school, the initial license shall be inactive until such time as the applicant is employed by a public school district or charter school. Once employed, the initial license shall be in effect for up to 4 years and all rules and regulations promulgated and adopted under this chapter shall apply.

(d) The expiration of an educator’s license before the end of the school year shall be considered an exigent circumstance under subsection (a) of this section and the educator’s license shall be extended until the end of that school year. Notwithstanding any extension, the effective date of any renewed license shall be the original expiration date.

(e) (1) Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this chapter does not expire for a “qualifying person” as defined in paragraph (e)(4) of this section as follows:

a. If the qualifying person holds an initial license, for 180 days after the date the qualifying person returns from active deployment.

b. If the qualifying person holds a continuing or advanced license, for 270 days after the date the qualifying person returns from active deployment.

(2) A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license must submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment. Applicants for renewal of a continuing license must meet the requirements set forth in § 1212 of this title. Applicants for renewal of an advanced license must meet the requirements set forth in § 1214 of this title.

(3) The protection from license expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure as established by this chapter and the regulations promulgated thereunder.

(4) As used in this section, “qualifying person” means an individual who is a member of the active duty military, a member of the National Guard, a member of the military reserve, retired military, or a military veteran.

(f) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (e)(4) of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to this chapter within 2 years of the lapse or expiration of the license. The qualifying person or the spouse of a qualifying person must submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection does not apply to a license that was suspended or revoked.