14 Del. C. § 1026 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1026
§ Â
        1026. Changing boundaries; vocational-technical school districts; City of Wilmington.
Status: in_force

(a) The State Board of Education may, in accordance with this section, change or alter the boundaries of any reorganized school district.

(b) Before making changes in the boundaries of a reorganized school district, the State Board of Education must consult with the school boards of the districts affected by the proposed change. Thereafter, the State Board of Education must submit for approval or rejection the question of the change of boundary to the qualified voters of the district or districts affected at a special referendum to be held for that purpose, after 2 weeks’ notice of the referendum and proposed change has been posted at the school or schools of the district or districts affected. The referendum must be conducted in each district by the school board of the district. Any person who possesses the qualifications prescribed in § 1077 of this title may vote at the referendum. The question must be determined by a majority of the total vote cast in each district affected. Each school board must immediately certify to the State Board of Education the result of the referendum in the district.

(c) Subject to subsection (a) of this section, the State Board of Education may change or alter the boundaries of any reorganized school district without a referendum of the voters if the written consent of the owners of the real property to be transferred has been obtained and if also the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration.

(d) (1) Notwithstanding the provisions of subsections (b) and (c) of this section, the State Board of Education may change or alter the boundaries of school districts in New Castle County in a manner consistent with some or all of the redistricting recommendations made by the Redding Consortium for Educational Equity (“Consortium”), provided that the General Assembly passes, and the Governor signs, a Joint Resolution supporting the proposed changes in school district boundaries.

(2) Prior to ordering a change or alteration of a school district boundary under this subsection, the State Board or the Consortium, shall conduct at least 1 public hearing in each of the school districts to be affected, including at least 2 in the City of Wilmington.

(3) a. The State Board of Education shall make its decision and order to change or alter district boundaries under this subsection based on the recommendations of the Consortium as expressed in a transition, resource, and implementation plan for redistricting. The final recommendation and plan developed by the Consortium for presentation to the State Board of Education must include all of the following:

1. The orderly and minimally disruptive reassignment of students affected by the boundary change and the reassignment of governance responsibilities.

2. Implications for educators, administrators, and other personnel that may lead to equitable adjustments to local collective bargaining agreements.

3. Resources that will be required, from state, district, and local sources, to support the redistricting transition and provide for the effective ongoing education of all affected students, and for the support of schools with high concentrations of low income students and English learners.

4. Student transportation.

5. Distribution of capitalassets and financial obligations or a process for such distribution.

6. Engagement of educators, staff, parents, district personnel, and community members throughout the transition.

7. Directives for improving secondary education options for City of Wilmington students, such as the provision of additional secondary schools.

8. Redrawing of district boundaries in Wilmington and northern New Castle County to better serve the educational interests of all students, including reducing the concentration of low-income students and improving educational services and supports for English learners and other students at risk.

9. An assessment of the educational needs of City of Wilmington students and the resources required to meet those needs.

10. A stipulation that the funding statewide and locally will facilitate effective implementation of the proposed comprehensive plan in a manner that will improve the educational outcomes for all of the students impacted by that plan.

11. A timetable for implementing each element of the redistricting plan and the designated responsibility for carrying out responsibilities until the date of full implementation.

12. A process for the ongoing monitoring and evaluation of the educational impacts and outcomes of implementation, which will include an annual report by the Consortium to the Governor, the General Assembly, the Secretary of Education, and the State Board of Education.

13. The plan must permit students to continue their attendance at the school they attended prior to the boundary change with tuition payments made by the sending district as provided in Chapter 6 of this title until such time as the pupils complete the grade levels offered in that school.

b. The Consortium’s final recommendation and plan may include all of the following:

1. Recommendations for changes in policies and practices that will improve the coordination and collaboration among districts and charter schools serving students in the City of Wilmington and New Castle County, including changes in the authorization of charter schools.

2. Recommendations for improvements to access to high-quality early education programs for all students in the areas impacted by the proposed change in district boundaries.

3. Recommendations for improvements of the provision and coordination of before and after-school services for students and families in the areas impacted by the proposed change in district boundaries.

4. Recommendations for policies and practices associated with student assignment and school choice.

5. Recommendations for addressing additional transportation costs generated by enabling students to complete their studies in schools attended prior to the boundary changes.

6. Recommendations for policies and practices for systematic reform to address the negative impacts of the Neighborhood Schools Act [subchapter II of Chapter 2 of this title].

c. The Consortium may submit 1 or more interim plans for action under this section, which may address redistricting to ensure that all school districts have contiguous geographical boundaries.

d. All school districts, including the New Castle County Vocational-Technical School District, and all charter schools operating in the City of Wilmington and New Castle County must cooperate fully with the Consortium in the development of the redistricting plan, including the timely provision of student, financial, personnel, and facilities data as well as other operational data.

e. A recommendation and plan of the Consortium must be reviewed and acted upon by the State Board of Education within 3 months of submission.

(e) If the State Board of Education does not approve a plan as submitted by the Consortium, it must notify the Chairperson of the Consortium in writing, give reasons why the plan was not approved, and allow the Consortium to resubmit the plan within 30 days of the Chairperson receiving the notice of denial.

(f) The State Board of Education must base its decision to change or alter school district boundaries on a record developed in compliance with state open meetings laws.

(g) The authority of the Consortium and the State Board of Education to act under the provisions of this section shall continue until the confirmation of a final State Board of Education approved plan by the Governor and the General Assembly.

(h) (1) Before the consideration of a Joint Resolution required under subsection (d) of this section by the General Assembly, the Controller General shall prepare a fiscal analysis of a redistricting plan approved by the State Board of Education under subsection (d) of this section (“the redistricting plan”). The fiscal analysis must do all of the following:

a. Describe all requirements of and obligations assumed by the State or a school district redistricted under the redistricting plan and any other consequences of the redistricting plan that has a fiscal impact on the State or a school district redistricted under the redistricting plan for each fiscal year following the enactment of the Joint Resolution.

b. Include full fiscal cost data estimates, including salaries, operating costs, other employment costs, capital outlays, and debt service that may be incurred under a redistricting plan.

c. State how the fiscal cost data estimates were calculated, including what facts were used or assumption made to calculate the estimates.

(2) On request by the Controller General, the Consortium, the State Board of Education, the Department of Education, the Office of Management and Budget, a school district redistricted under a redistricting plan, and any other state agency shall provide information and other assistance necessary to complete the fiscal projection required by this subsection.

(i) After the enactment of a Joint Resolution required under subsection (d) of this section, the General Assembly shall, through the General Assembly’s budget process, determine the funding, if any, to be appropriated to provide resources needed for the implementation of a redistricting plan approved by a Joint Resolution, including any additional analysis, facility, and program requirements.

(j) Notwithstanding subsection (b) of this section, the State Board of Education may change or alter the boundaries of any reorganized vocational-technical school district if the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration.
14 Del. C. § 2110 — Delaware Code / Title 14 / Chapter 21 / Section 2110
§ Â
        2110. Place of payment of principal and interest.
Status: in_force

The principal of and interest on the bonds shall be payable at a state or national bank within or without the State designated by the issuing officers as that term is defined in § 7401 of Title 29.
14 Del. C. § 3490 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3490
§ Â
        3490. Designated beneficiary.
Status: in_force

(a) An account owner shall have the right at any time to change the designated beneficiary of an account to another individual who is a member of the family of the former designated beneficiary, and, in the case of an account owner which is a trust, to another person who is also a beneficiary of the trust.

(b) An account owner shall have the right at any time to direct that all or a portion of an account be transferred to the account of another beneficiary if the designated beneficiaries are members of the same family, and, in the case of an account owner which is a trust, to the account of another beneficiary if the designated beneficiary is also a beneficiary of the trust.

(c) The right to change the designated beneficiary or to transfer between accounts contained in subsections (a) and (b) of this section may be denied if, under regulations adopted by the Board, the exercise of the right would result in either excess contributions to an account or the exercise of impermissible investment direction by the account owner.
14 Del. C. § 5106 — Delaware Code / Title 14 / Chapter 51 / Section 5106
§ Â
        5106. Board of Trustees â Powers.
Status: in_force

(a) The Board of Trustees shall have the entire control and management of the affairs of the University. The Board may exercise all the powers and franchises of the University, appoint and remove all subordinate officers and agents, and make bylaws as well for their own government as that of the University.

(b) Notwithstanding any provisions appearing elsewhere in the laws of this State which might suggest or provide the contrary, the entire control and management of the affairs of the University, which is conferred upon the Board of Trustees by the foregoing paragraph, shall be construed, in the area of fiscal and revenue matters, as including, but not as being limited to, the following powers and duties:

(1) All authority with respect to salaries and compensatory payments or benefits, as well as other terms of employment, of any and all University personnel, and individual salaries or salary increases or other benefits do not have to be reported or justified to any official or agency of the State (except to comply with applicable laws and regulations providing for preference in employment of laborers, workers and mechanics who reside in the State and the applicable minimum wage requirements for public construction projects, and to cooperate in the ordinary way with the appropriate officials with respect to income tax and other tax matters);

(2) The management of all of the remaining fiscal affairs of the University, including the establishment of fees and charges, the collection thereof and the adoption of the University’s budget, the establishment of all accounting and auditing procedures (subject to the duty to obtain independent certified audits as provided in § 5109 of this title), the authorization, issuance and repayment of bonds or other obligations of the University;

(3) The selection of means and procedures for the deposit, investment and control of all moneys, funds and securities which are now held or which may at any time be received by the University, as well as the allocation, use and reinvestment of the proceeds and earnings of any such deposits and investments and the right to commingle funds appropriated by the State with other funds of the University;

(4) The right to elect whether and to what extent to participate in programs of which all or a part of the costs are provided by the United States of America or by the State or any subdivision or municipality thereof;

(5) Control of all matters having to do with the formulation of the terms of contracts for the construction of buildings or other University facilities, as well as the manner of awarding contracts or purchasing supplies and equipment; provided however, all contracts necessary for the construction of any building or other University facility that have a total cost in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitation, demolition, or reconstruction (including painting and decorating of buildings or works), and require or involve the employment of mechanics or laborers, shall contain a provision stating that the minimum wages to be paid to various classes of laborers and mechanics shall be based upon the wages determined by the Delaware Department of Labor, Division of Industrial Affairs, to be prevailing in the county where the work is performed;

(6) In respect to the purchase of supplies and equipment, regulations established by the State for bulk or central purchasing are not to apply to the University of Delaware unless the General Assembly expressly so provides, and in that case are to be understood as applying only to transactions involving the expenditures of moneys which have been appropriated from the General Fund of the State;

(7) The planning for buildings and improvements and the extension or diminution of the campus or other land holdings are matters wholly under the control of the Trustees except where inspection or regulations may be provided for by law in respects involving the health or safety of the occupants of the buildings;

(8) Where moneys are appropriated by the General Assembly to the University, unless the General Assembly should expressly provide otherwise, they are intended to be paid to the University in equal monthly installments and are not in any event to be cumbered by any procedures calling for preaudit or other administrative control exercised by the Director of the Office of Management and Budget or other agency or official of the State.
14 Del. C. § 2123 — Delaware Code / Title 14 / Chapter 21 / Section 2123
§ Â
        2123. Election results; publication of results.
Status: in_force

(a) If at an election called under § 2122(a) of this title a majority of the vote cast shall be for the bond issue, then bonds to the amount voted upon shall be issued as provided for by this chapter, but if at such election a majority of the votes cast shall be against the bond issue, then the bond issue proposed shall not be made.

(b) Within 10 days of the certification of the results of the election in accordance with § 1083(a) of this title, the Department of Elections conducting the election shall declare the results of the election by an advertisement published on 2 consecutive days in at least 1 newspaper of the county with countywide circulation or a combination of newspapers whose circulation covers the area of the school district.

(c) The Department of Elections conducting the election shall make a certificate of the result of such vote which shall be filed and kept in the offices of that Department of Elections as a public record.
14 Del. C. § 4112E — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112E
§ Â
        4112E. School Teen Dating Violence and Sexual Assault Act.
Status: in_force

[Transferred to §  4166 of this title by 81 Del. Laws, c. 122, §  4, effective August 10, 2016.]
14 Del. C. § 1094 — Delaware Code / Title 14 / Chapter 10 / Subchapter V / Section 1094
§ Â
        1094. School employee contract; dismissal or suspension.
Status: in_force

(a) The contract with school employees shall be a contract drawn on a form approved by the Department of Education and shall be a state school employee contract that shall be executed by the reorganized school district board. One copy of the contract shall be delivered to the employee, and 1 copy shall be made part of the permanent file of the school district.

(b) A school employee may be dismissed or suspended from that employee’s duties in accordance with Chapter 14 of this title.
14 Del. C. § 158 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 158
§ Â
        158. Reading screening.
Status: in_force

(a) As used in this section:

(1) “Literacy intervention approaches” means evidence-based, specialized reading, writing, and spelling instruction that is systematic and explicit and intensified based on the needs of the student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller groups, increased frequency of instruction, and individualized progression through steps, than typical evidence-based reading instruction.

(2) “Universal reading screener” means a tool used as part of a multi-tiered system of support to determine if a student is at risk for developing reading difficulties and the need for intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A universal reading screener must do all of the following:

a. Measure, at a minimum, phonemic awareness, phonological awareness, symbol recognition, alphabet knowledge, decoding and encoding skills, fluency, and comprehension.

b. Identify students who have a potential reading deficiency, including identifying students with characteristics of dyslexia.

(b) (1) Beginning July 1, 2023, a district or charter school shall screen each student enrolled in kindergarten through third grade 3 times a year for reading competency using a universal reading screener chosen from the list of aligned universal reading screeners maintained by the Department of Education (Department). The results of the screening and any intervention approaches being implemented shall be communicated in writing to each student’s parent or guardian, either through inclusion in existing periodic progress reports or report cards, or otherwise. A district or charter school shall provide educators time during the contractual day to complete data entry and compilation associated with the screener, to communicate with families, and any other responsibility as outlined in this section. A district or charter school shall provide coverage for instruction or student support when the educator is meeting the responsibilities outlined in this section.

(2) Beginning July 1, 2024, districts and charter schools shall provide 1 or more literacy interventions from the list of aligned literacy intervention approaches maintained by the Department for each student or group of students identified with a potential reading deficiency.

(c) The Department, in consultation with curriculum and special education supervisors from local education agencies, elementary school teachers, and elementary special education teachers, shall develop, maintain, and publish a list of universal reading screeners and a list of literacy intervention approaches that are aligned with the essential components of evidence-based reading instruction listed under § 1280(c)(3) of this title. Initial publication of the lists must occur by December 1, 2022.

(1) In determining which universal reading screeners to include on the list, the Department shall also consider the following factors:

a. The time required to conduct the screening, with the intention of minimizing impact on instructional time.

b. The timeliness in reporting screening results to teachers, administrators, and parents.

c. The integration of assessment and instruction the screener provides, including the ability to provide progress-monitoring capabilities and a diagnostic tool to support teachers or a progress-monitoring team with targeted instruction based on student needs.

d. Screening, diagnostic assessment, and progress-monitoring processes shall be aligned with multi-tiered system of support procedures and tools should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.

(2) The Department shall include with its list of aligned universal reading screeners and literacy intervention approaches, an explanation of how these screeners and interventions were selected, including consultation with national expert organizations and the evidence base as demonstrated by the National Center on Intensive Intervention or similar validated research.

(3) The Department shall provide professional learning on reading screening and literacy intervention approaches at no cost which shall be provided during the contractual day.

(d) Beginning in 2023, each school district and charter school shall report annually to the Department, on or before October 31, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention approaches being provided.

(e) Beginning in 2023, on or before December 31, the Department shall annually compile the information received from districts and charters under subsection (d) of this section and deliver a comprehensive report to the State Board of Education, the Governor, the Chairs of the Education Committees of the Senate and House of Representatives, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives. The report must also be available to the public on the Department’s website.
14 Del. C. § 4147 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4147
§ Â
        4147. Delaware Public Education Equity Ombudsperson Program; codification; purpose.
Status: in_force

(a) The Delaware Public Education Equity Ombudsperson Program (Program) is hereby established and adopted in place of the contractual program currently maintained by the Department of Education. The expanded Program shall be maintained by the Department of State.

(b) The purposes of the Program are as follows:

(1) To address issues involving both individual students and systemic reform where inequities arise for students who are of low socioeconomic status or members of a protected class under Delaware state or federal law.

(2) To provide nonlegal intervention and assistance with schools, districts, and the Department of Education to resolve disputes or complaints concerning disparate discipline, inequitable access to school programs, or otherwise different or unfair treatment of students, particularly those who are members of protected classes or of low socioeconomic status.

(3) To support schools, districts, and the Department of Education to develop and revise policies and regulations to improve education equity.

(4) To provide information and resources regarding research-based best practices to ensure equity, including discipline, academic, teacher diversity, effective instruction, curriculum, social emotional learning and extended learning supports.

(5) To assist in finding legal assistance for students or families where nonlegal advocacy fails or where the nature of the dispute warrants legal assistance.

(c) The Program shall be run through a nonprofit, nonstate entity that is contracted for a period of 3 years by the Department of State through a request for proposal (RFP) process. The Department of State is the contracting entity, but RFP development and award decisions shall be made in consultation with the Education Equity Council as set forth under § 4148 of this title.

(d) The Program staff shall be available to act as nonlawyer advocates for students and their families in any proceedings conducted by schools or local, Delaware state, or federal education agencies.

(e) (1) The Program may, if it determines it to be appropriate and desirable, refer systemic matters to attorneys for further investigation and action. The Program may refer individual matters for legal services, if requested by the family, when any of the following conditions are met:

a. Reasonable efforts have been made to resolve the issue with the school, district, and/or Department of Education and such attempts have been unsuccessful.

b. The nature of ongoing harm to the student is such that immediate legal intervention is in the best interest of the student.

(2) Funds appropriated to the Program may be used to:

a. Procure general legal counsel regarding the scope of rights and protections under local, state, or federal education law; or

b. Pay a lawyer for assistance with, attendance at, or representation in administrative proceedings and appeals, including appeals taken to Delaware state or federal courts.

In no event may Program funds be used to pay for preparation of, commencement of, participation in, or advising upon litigation or other proceedings against the State or its agencies, employees, or officials except as permitted in the preceding sentence.

(f)(1) The Program shall annually provide a report to the Education Equity Council, the Governor, the Chairs of the House and Senate Education Committees, the State Board of Education, the Department of Education, the Chairs of the Joint Finance Committee, the Controller General, the Director and the Librarian of the Division of Legislative Services, and the Public Archives that contains at least the following information:

a. The number of students served by the Program in each of the preceding 3 years. This shall include a breakdown of students by grade level (elementary, middle, or high school), school district, school, race, gender, disability status, and socioeconomic status.

b. The number of students referred to a legal services provider or pro bono attorney.

c. The category of the problem the Program assisted with, including academic concerns, disciplinary issues, attendance, transportation, safety, bullying, or harassment.

d. The number of employees or consultants engaged by the Program. For employees, whether they are full- or part-time, and for consultants, the number of hours worked over the course of the contract period.

e. Systemic equity issues identified by the Program, and recommended solutions.

f. The amount spent on legal services or otherwise paid to a lawyer or a law firm.

g. The number of referrals made to a lawyer, law firm, or legal services agency, including the category of the problem faced by the student, and whether the referral was made to a nonprofit legal services agency or a private attorney or law firm.

(2) The report required by this paragraph may not include any personal identifying information for any student or their family and must comply with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R Part 99.
14 Del. C. § 8201 — Delaware Code / Title 14 / Chapter 82 / Subchapter I / Section 8201
§ Â
        8201. Compact for Education; Delaware Educational Council.
Status: in_force

(a) The Compact for Education is entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:

COMPACT FOR EDUCATION

Whereas, the proper education of all citizens is one of the most important responsibilities of the States to preserve a free and open society in the United States; and

Whereas, the increasing demands of our whole national life for improving and expanding educational services require a broad exchange of research data and information concerning the problems and practices of education; and

Whereas, there is a vital need for strengthening the voices of the States in the formulation of alternative nationwide educational policies,

The States affirm the need for close and continuing consultation among our several States on all matters of education, and do hereby establish this Compact for Education.

ARTICLE I.PURPOSE AND POLICY

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the State and local levels;

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education;

3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the Nation, so that the executive and legislative branches of State Government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education;

4. Facilitate the improvement of State and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.

B. It is the policy of this Compact to encourage and promote local and State initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States.

C. The party States recognize that each of them has an interest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the Nation, and because the products and services contributing to the health, welfare and economic advancement of each State are supplied in significant part by persons educated in other States.

ARTICLE II STATE DEFINED

As used in this Compact, “State” means a State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

ARTICLE III.THE COMMISSION

A. The Education Commission of the States, hereinafter called “the Commission,” is established. The Commission shall consist of 7 members representing each party State. One of such members shall be the Governor; 2 shall be members of the State legislature selected by its respective houses and serving in such manner as the legislature may determine; and 4 shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. If the laws of a State prevent legislators from serving on the Commission, 6 members shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. In addition to any other principles or requirements which a State may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party State shall be that the members representing such State shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the State Government, higher education, the State education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the Governor, having responsibility for 1 or more programs of public education. In addition to the members of the Commission representing the party States, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of 1 year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the Commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to paragraph J. of this Article.

C. The Commission shall have a seal.

D. The Commission shall elect annually, from among its members, a chair, who shall be a Governor, a vice chair and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate, shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission.

F. The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of 2 or more of the party jurisdictions or their subdivisions.

G. The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph F. of this Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.

I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States.

J. The Commission annually shall make to the Governor and legislature of each party State a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.

ARTICLE IV.POWERS

In addition to authority conferred on the Commission by other provisions of the Compact, the Commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources;

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems;

3. Develop proposals for adequate financing of education as a whole and at each of its many levels;

4. Conduct or participate in research of the types referred to in this Article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private;

5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials;

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this Compact.

ARTICLE V.COOPERATION WITH FEDERAL GOVERNMENT

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the Commission but not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to Federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative shall have a vote on the Commission.

B. The Commission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Government concerning the common educational policies of the States, and may advise with any such agencies or officers concerning any matter of mutual interest.

ARTICLE VI.COMMITTEES

A. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a Steering Committee of 32 members which, subject to the provisions of this Compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-fourth of the voting membership of the Steering Committee shall consist of Governors, one-fourth shall consist of Legislators, and the remainder shall consist of other members of the Commission. A Federal representative on the Commission may serve with the Steering Committee, but without vote. The voting members of the Steering Committee shall serve for terms of 2 years, except that members elected to the first Steering Committee of the Commission shall be elected as follows: 16 for one year and 16 for 2 years. The chair, vice chair, and treasurer of the Commission shall be members of the Steering Committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the Steering Committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than 2 terms as a member of the Steering Committee; provided that service for a partial term of one year or less shall not be counted toward the 2-term limitation.

B. The Commission may establish advisory and technical committees composed of State, local, and Federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the States concerned, be established to consider any matter of special concern to 2 or more of the party States.

C. The Commission may establish such additional committees as its bylaws may provide.

ARTICLE VII.FINANCE

A. The Commission shall advise the Governor or designated officer or officers of each party State of its budget and estimated expenditures for such period as may be required by the laws of that party State. Each of the Commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States.

B. The total amount of appropriation requests under any budget shall be apportioned among the party States. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party States.

C. The Commission shall not pledge the credit of any party States. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to paragraph G. of Article III of this Compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to paragraph G. of Article III of this Compact, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.

D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission.

E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission.

F. Nothing contained in this Compact shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.

ARTICLE VIII.ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL

A. This Compact shall have as eligible parties all States, Territories, and Possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term “Governor,” as used in this Compact shall mean the closest equivalent official of such jurisdiction.

B. Any State or other eligible jurisdiction may enter into this Compact and it shall become binding thereon when it has adopted the same: provided that in order to enter into initial effect, adoption by at least 10 eligible party jurisdictions shall be required.

C. Adoption of the Compact may be either by enactment thereof or by adherence thereto by the Governor; provided that in the absence of enactment, adherence by the Governor shall be sufficient to make his or her State a party only until December 31, 1967. During any period when a State is participating in this Compact through gubernatorial action, the Governor shall appoint those persons who, in addition to the Governor, shall serve as the members of the Commission from the Governor’s State, and shall provide to the Commission an equitable share of the financial support of the Commission from any source available to him or her.

D. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C. of this Article, any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal.

ARTICLE IX.CONSTRUCTION AND SEVERABILITY

(a) This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the Constitution of any State or of the United States, or the applicability thereof to any Government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any Government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the Constitution of any State participating therein, the Compact shall remain in full force and effect as to the State affected as to all severable matters.

(b) There shall be a Delaware Educational Council to consist of:

(1) The Governor or the Governor’s designated alternate;

(2) The Chair of the Senate Committee on Education;

(3) The Chair of the House of Representatives Committee on Education; and

(4) Four members to be appointed by the Governor and to serve at the Governor’s pleasure.

(c) The members of the Delaware Educational Council shall also be the Delaware members of the Educational Commission of the States as provided for in Article III of the Compact for Education.

(d) Pursuant to paragraph I. of Article III of the Compact, the Commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State.
14 Del. C. § 1066A — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1066A
§ Â
        1066A. Elections to the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District [For application of this section, see 83 Del. Laws, c. 251, Â 7].
Status: in_force

(a) Notwithstanding anything contained in this chapter to the contrary, members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District, and the Red Clay Consolidated School District shall be elected by the procedures described herein. Elections shall be conducted in accordance with §§ 1071-1086 of this title; provided, however, that:

(1) The number of members for each of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 7.

(2) The term of office for members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 4 years. All terms shall end on June 30 and the terms shall be staggered so that no more than 2 terms in any school district ends on any June 30. Any vacancy shall be filled for the remainder of the unexpired term in accordance with § 1054 of this title.

(3) The Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District (the “districts”) each shall be divided into 7 nominating districts to be denominated districts A through G and to be denominated on the basis of their geographical proximity (i.e., district A shall be as contiguous as practicable with district B and so forth).

(4) Candidates for the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall file for candidacy in accordance with § 1075 of this title, except that a candidate must be an inhabitant of the district for the seat that candidate seeks.

(5) All members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be elected by the qualified voters of the respective districts. To vote in a district election, a voter must be qualified pursuant to § 1077 of this title. No voter may vote for more than 1 candidate.

(b) The nominating districts shall be drawn by the State Election Commissioner, subject to the approval of the County Board of Election and the State Board of Education. On or before January 1, 2002, the Commissioner shall draw the 7 districts for each of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District so that the nominating districts shall encompass an area in which approximately 1/7 of the total population of each district is resident. Each representative district shall, insofar as is possible: (i) be formed of contiguous territory; (ii) be nearly equal in population; (iii) be bounded by major roads, streams or other natural boundaries; and (iv) not be created so as to unduly favor any person. The data base for the determination of population in residence shall be census data from the United States Census of 2000. The Controller General’s office shall provide the Election Commissioner with its assistance upon the request of the Commissioner.

(1) Not later than January 1 of the year ending in 2 in each subsequent decade (e.g., 2012), the Commissioner shall reapportion the school board nominating districts using the most recent United States census data so that the nominating districts are reapportioned in time for the elections beginning in the next year. The subsequent reapportionments shall comply, insofar as possible, with the criteria identified in subsection (b) of this section.

(2) The Commissioner shall also establish for each District the sequence in which elections held pursuant to this section shall occur. To the extent consistent with the redistricting criteria set forth in subsection (b) of this section, the Commissioner shall endeavor to designate the new nominating districts and to sequence the elections so that the elections for particular nominating district seats occur in the year of the expiration of the terms of the incumbent board member or members whose constituent population in the nominating district or districts prior to the most recent reapportionment most closely conform to the constituent population in the newly reapportioned nominating district or districts.

(3) The Commissioner shall, in addition to drawing the nominating districts, establishing the sequence for elections and reapportioning the nominating districts each decade, act as a continuing advisory resource for the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District in implementing the election system established by this section. The Commissioner may propose such recommendations as it deems necessary to ensure fair and efficient school board elections in the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District.
14 Del. C. § 4166 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4166
§ Â
        4166. Teen dating violence and sexual assault awareness and prevention.
Status: repealed

(a) Teen dating violence and sexual assault training program. —

The Delaware Domestic Violence Coordinating Council shall identify and maintain a teen dating violence and sexual assault training program for school administrators, school nurses, and school counselors serving 1 or more of the grades in grades 7 through 12. The Delaware Domestic Violence Coordinating Council, in collaboration with the Department of Education, must review these trainings every 3 years, at a minimum, and update the trainings as needed to be relevant to Delaware students and conform with best practices.

(b) Teen dating violence and sexual assault policies. —

Each school district and charter school serving 1 or more of the grades in grades 7 through 12 shall establish a policy for responding to teen dating violence and sexual assault that includes, at a minimum, all of the following components:

(1) Definitions of teen dating violence and sexual assault, the behaviors which constitute each, and the consequences for committing offenses.

(2) Guidelines on mandatory reporting and confidentiality as required by the law of this State and school district or charter school policy.

(3) A protocol for responding to incidents of teen dating violence and sexual assault which includes all of the following:

a. Procedures regarding initial response.

b. Procedures for reporting incidents of teen dating violence and sexual assault when a report is required.

c. Procedures for the documentation of incidents.

d. Procedures for working with victims.

e. Procedures for working with perpetrators.

(c) [Repealed.]

(d) Each school district and charter school shall ensure existing health standard programming related to comprehensive healthy relationships, based on the health standards adopted by the Department of Education as approved by the State Board of Education, is provided in health education programs or related classes. The Domestic Violence Coordinating Council shall have the authority to review and advise on the implementation of school district policies and charter school policies related to teen dating violence and sexual assault.

(e) Dissemination of policy and accountability. —

(1) Each school district and charter school shall adopt a policy consistent with subsection (b) of this section. Following review by the Domestic Violence Coordinating Council, each school district and charter school shall submit a copy to the Department of Education by January 5, 2015, or by January 5 of a newly approved charter school’s first year of operation.

(2) Each school district and charter school shall ensure that its policy adopted under subsection (b) of this section appears in the student and staff handbook. If no handbook is available, or if it is not practical to reprint new handbooks, each school district and charter school shall ensure that a copy of the policy is distributed annually to all students, parents, faculty, and staff.

(3) The Department of Education shall prepare an annual report, which shall include a summary of reported incidences of teen dating violence and sexual assault. The Department shall submit the report to the Domestic Violence Coordinating Council by October 15 of each year.

(f) Immunity. —

A school district or charter school employee, school district or charter school volunteer, or student is individually immune from a cause of action for damages arising from reporting teen dating violence or sexual assault in good faith and to the appropriate person using the procedures specified in the school district’s or charter school’s teen dating violence and sexual assault policy, but there is no such immunity if the act of reporting constituted gross negligence or reckless, wilful, or intentional conduct.

(g) Relationship to reporting requirements. —

Nothing in this section or in the policies promulgated as a result of this section prevents school officials from fulfilling all of the reporting requirements of § 4112 of this title or from reporting probable crimes that occur on school property or at a school function which are not required to be reported under that section. For purposes of this subsection, “school property” and “school function” mean as defined in § 4112 of this title. Nothing in this section abrogates the reporting requirements for child abuse or sexual abuse set forth in Chapter 9 of Title 16 or any other reporting requirement under state or federal law.

(h), (i) [Repealed.]

(j) Short title. —

This section shall be known and may be cited as the “Liane Sorenson Act.”
14 Del. C. § 5116 — Delaware Code / Title 14 / Chapter 51 / Section 5116
§ Â
        5116. Bonds as legal investments for institutions and fiduciaries.
Status: in_force

Bonds issued under this chapter are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control; and such bonds are made securities which may properly and legally be deposited with and received by any state, county or municipal officer or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
14 Del. C. § 3444 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3444
§ Â
        3444. Charles L. âChuckâ Hebner Memorial Scholarship awarded prior to July 1, 2022.
Status: repealed

Recipients awarded the Charles L. “Chuck” Hebner Memorial Scholarship prior to July 1, 2022, are eligible to renew their awards as provided in § 3441(e) of this title.

(1)-(4) [Repealed.]
14 Del. C. § 1705 — Delaware Code / Title 14 / Chapter 17 / Section 1705
§ Â
        1705. Determination of amount of appropriation.
Status: in_force

(a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with all applicable state-supported salary schedules. No state funds from Division I shall be appropriated to any school district to provide salaries for more teachers than shall actually be employed in such school district.

(b) Any school district may employ additional teachers out of state funds appropriated in Division II or Division III as provided in § 1304 of this title.
14 Del. C. § 5304 — Delaware Code / Title 14 / Chapter 53 / Section 5304
§ Â
        5304. School of Agriculture â General scope and objects.
Status: in_force

(a) The University shall maintain a School of Agriculture which shall include a Division of Instruction, a Division of Short Courses, a Division of Research and a Division of Agricultural Extension.

(b) The objectives of the School of Agriculture shall be to:

(1) Develop and implement a comprehensive on-campus program of instruction;

(2) Develop and implement a comprehensive on-campus or off-campus program of instruction in practical agriculture through a short course program;

(3) Conduct research, both fundamental and applied, in all phases of agriculture and rural life through the Agricultural Experiment Station; and

(4) Diffuse among the people of the State useful and practical information on subjects relating to agriculture and home economics, and to encourage the application of the same through the Agriculture Extension Service.
14 Del. C. § 1010-1012 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1010-1012
§ ÂÂ
        1010-1012. Property, indebtedness and obligation of component former school districts; property held by State Board at time of reorganization; federal funds.
Status: repealed

Repealed by 62 Del. Laws, c. 351, § 8, effective July 8, 1980.
14 Del. C. § 314 — Delaware Code / Title 14 / Chapter 3 / Section 314
§ Â
        314. Exceptions to ineligibility.
Status: in_force

(a) A period of ineligibility under § 313 of this title does not apply and a student is not required to seek a waiver of ineligibility if any of the following apply:

(1) McKinney-Vento Education for Homeless Children and Youth Act. —

The student’s transfer is the result of the student becoming homeless, as “homeless children and youths” is defined under the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. § 11434a.

(2) Court action. —

The student’s transfer is the result of court action. “Court action” means an order from a court that affects a legally-committed student. A copy of the court order signed by a judge, commissioner, or master of a court of competent jurisdiction is required to meet this exception. A petition for the transfer of custody or guardianship, an affidavit, or a notarized statement signed by the affected parties is not sufficient to meet this exception.

(3) Caregivers School Authorization. —

The student’s transfer is under § 202(f) of this title.

(4) Unsafe School Choice Option Policy. —

The student’s transfer is based on the student attending a sending school that is a persistently dangerous school or the student is the victim of a violent felony while in or on the grounds of the sending school, and the student opts to transfer to safe school in the same school district under the Unsafe School Choice Option Policy under 14 DE Admin. Code 608.

(5) HIB transfer. —

The student’s transfer is because the student experienced harassment, intimidation, or bullying at the student’s sending school that resulted in the implementation of a process or policy under Chapter 41 of this title. This exception is established through documentation from the student’s sending school that the sending school investigated a complaint under Chapter 41 of this title and determined that the proper action to remediate the complaint is an alternative placement or school transfer. Neither the Board nor the Executive Director may hold a hearing or investigate whether the student was harassed, intimidated, or bullied.

(6) Change at sending school. —

The student’s sending school has closed or discontinued all of the school’s interscholastic athletics sports programs. To establish that the sending school discontinued all of the school’s interscholastic athletics sports programs, the student or sending school must submit to the receiving school and Executive Director documentation demonstrating that the sending school’s interscholastic athletics sports programs have been discontinued.

(7) Change in residence. —

The student’s transfer follows a change in the student’s primary residence, and the change in residence was made with the intent that it is permanent and not primarily for athletic purposes. A student is eligible if any of the following apply:

a. Military assignment. —

The student’s change in residence is directly related to an order from a branch of the United State military service, including a reserve component.

b. In-state change of residence. —

The student’s change in residence is due to the student’s family changing legal residence.

1. “Legal residence” means the family’s legal habitation is fixed and the student’s parent or guardian has the present intention to reside permanently at that habitation.

2. The family must have sold, rented, or disposed of the family’s previous residence, and no member of the family continues to reside in the previous residence.

3. The student may not maintain dual residency for the purpose of athletic eligibility.

4. A change in residence under this paragraph (a)(7)b. includes enrollment in a new school district or attendance zone. A student’s move within the student’s current school district does not apply if the student is not required to transfer schools.

5. Proof of the change in residence must be provided. Methods to prove a change in residence include a utility bill, closing documents, voter registration, or other legal documentation. A change in address on a drivers license, without more, is insufficient to prove a change in residence.

c. Out-of-state change in residence. —

The student changes residences from out-of-state and into this state, and is attending a high school in this state for the first time. Paragraphs (a)(7)b.1. through 5. of this section apply to meet this exception.

(b) A student or the student’s parent, guardian, or relative caretaker shall submit to the Executive Director the documentation required for the exception under this section that applies to the student.

(c) An exception under this section does not apply if the student transferred for athletic advantage.
14 Del. C. § 1721 — Delaware Code / Title 14 / Chapter 17 / Section 1721
§ Â
        1721. Autistic unit and funding.
Status: in_force

(a) Programs for children with autism exceeding 217 pupil days shall be according to rules and regulations of the Department as approved by the State Board of Education.

(b) For funding purposes “autistic unit” for programs in excess of 217 pupil days shall mean 8 persons with autism per unit.
14 Del. C. § 8902E — Delaware Code / Title 14 / Chapter 89E / Section 8902E
§ Â
        8902E. Definitions.
Status: in_force

“Behavioral health professional.” —

A school employee whose position is health care practitioner or social or human services provider who offers services for the purpose of improving an individual’s mental health such as: school counselors; social workers; licensed clinical social workers; school psychologists; and school nurses.
14 Del. C. § 8232 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8232
§ Â
        8232. Construction and severability.
Status: in_force

This Compact shall be liberally construed to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or a state seeking membership in the Compact, or of the United States or the applicability thereof to any other government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
14 Del. C. § 1088 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1088
§ Â
        1088. Persons permitted in the voting room.
Status: in_force

(a) No persons, other than members or employees of the Department of Elections conducting the election who shall be identified by a badge issued by that Department of Elections, the Commissioner of Elections and/or employees of the Office of the Commissioner of Elections who shall be identified by a badge issued by the Commissioner of Elections, appointed election officers, authorized challengers in accordance with § 1089 of this title, or persons voting or waiting to vote, shall be admitted within the voting room. Other persons necessary to the conduct of the election may be admitted within the voting room or within 50 feet of the entrance thereof upon first obtaining consent from the inspector, except as provided in subsection (b) of this section.

(b) Person or persons with other business within the building in which a polling place for a public school election is located may pass through the polling place area or by the room in which the polling place is located so as not to interfere with the conduct of the election. Such person or persons shall not loiter within 50 feet of the polling place, talk to any person or persons waiting to vote, promote any candidate or side to an issue, or in any other manner interfere with voters or disrupt the polling place. The inspector shall take those steps necessary to maintain order within the polling place as well as enforce § 1087 of this title and subsection (a) of this section.

(c) A voter may be accompanied by 1 or more children not more than 16 years of age. Any challenge to the age of any child shall be resolved by the voter signing an affidavit certifying that the child in question is not more than 16 years of age.
14 Del. C. § 8211 — Delaware Code / Title 14 / Chapter 82 / Subchapter II / Section 8211
§ Â
        8211. Authorization for interstate agreements.
Status: in_force

In accordance with the terms set forth in § 8213 of this title, this State may enter into interstate agreements on educational personnel. Such agreements, properly entered into by the designated state officials, shall be considered as a contract between this State and such other states legally joining therein in the form set forth in § 8213 of this title.
14 Del. C. § 4161 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4161
§ Â
        4161. Definitions [For applicability of section, see 83 Del. Laws, c. 407, Â 2].
Status: in_force

For purposes of this subchapter:

(1) “Adult sexual misconduct” is any activity, physical, sexual, or otherwise, directed to a student with the objective of developing a romantic or sexual relationship.

(2) “Bullying” means any intentional written, electronic, verbal, or physical act against another student, a school district or charter school volunteer, or a school district or charter school employee that a reasonable person under the circumstances should know will have any of the following effects:

a. Place a student, school district or charter school volunteer, or school district or charter school employee in reasonable fear of substantial harm to the student’s, volunteer’s, or employee’s emotional or physical well-being or substantial damages to the student’s, volunteer’s, or employee’s property.

b. Create a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target.

c. Interfere with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.

d. Perpetuate bullying by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another student, school district or charter school volunteer, or school district or charter school employee.

(3) “Charter school” means a public school established under Chapter 5 of this title.

(4) “Child abuse” means causing or inflicting any of the following on a child:

a. Sexual abuse.

b. Serious physical injury or death, or physical injury through unjustified force not permitted under § 468 of Title 11. For purposes of this paragraph (4)b., “serious physical injury” and “physical injury” mean as defined in § 222 of Title 11.

c. Emotional abuse.

d. Torture.

e. Exploitation.

f. Maltreatment or mistreatment.

(5) “Child sexual abuse”, “sexual abuse”, or “sexually abused” means the commission of any act that is listed in the definition of sexual offense in § 761 of Title 11.

(6) “Consent” means the unambiguous, voluntary, and freely given agreement by all participants in each physical act in the course of sexual activity, including respect for personal boundaries. Consent does not include any of the following:

a. The lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another individual in fear.

b. A current or previous dating, social, or sexual relationship.

(7) “Criminal youth gang” means as defined in § 617(a) of Title 11.

(8) “Grooming for the purpose of sexual contact” means actions, interactions, communications in any capacity, and behaviors by a person of trust to build a relationship with a student or individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place.

(9) “Parent” means a natural parent, an adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title.

(10) “Personal body safety” means understanding the difference between appropriate and inappropriate touching and how to communicate inappropriate behavior to a trusted adult.

(11) “Protective hairstyle” includes braids, locks, and twists.

(12) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(13) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education.

(14) “School district and charter school employee,” “school district or charter school employee,” or “employee” means all individuals, including teachers, school administrators, school support personnel, instructional aides, nurses, school counselors, coaches, custodial staff, and nutrition staff, hired by a school district or charter school or a program established under Chapter 16 of this title, who provide services to students on a regular, ongoing basis. “School district and charter school employee,” “school district or charter school employee,” or “employee” does not include contractors or subcontractors, such as bus drivers or security guards; substitute employees; and individuals hired by or subcontracted by other state agencies to work on school property.

(15) “Sexual assault” means any unwanted sexual behavior committed by a perpetrator who is a stranger to the victim or by a perpetrator who is known by the victim or related to the victim by blood or marriage. “Sexual assault” includes the following behaviors: sexual harassment, as defined in § 763 of Title 11; sexual contact, as defined in § 761 Title 11; sexual intercourse, as defined in § 761 of Title 11; sexual penetration, as defined in § 761 of Title 11; and sexual abuse.

(16) “Sexual contact” has the same meaning as defined in § 761 of Title 11.

(17) “Sexual penetration” has the same meaning as defined in § 761 of Title 11.

(18) “Teen dating violence” means assaultive, threatening, or controlling behavior, including stalking as defined in § 1312 of Title 11, that one person uses against another person in order to gain or maintain power or control in a current or past relationship and can occur in both heterosexual and same sex relationships and in serious or casual relationships.
14 Del. C. § 9006 — Delaware Code / Title 14 / Chapter 90 / Section 9006
§ Â
        9006. Enforcement.
Status: in_force

(a) Whenever the Attorney General has reason to believe that an institution of higher education is violating or has violated the provisions of this chapter, the Attorney General may bring an action in the name of the State against the institution to compel compliance.

(b) In any action brought by the Attorney General to compel compliance with this chapter, if the court finds that an institution of higher education is wilfully violating this chapter, or if any institution of higher education fails to promptly comply with an order of the court to comply with this chapter, the Attorney General, acting in the name of the State, may recover on behalf of the State a civil penalty not to exceed $10,000.
14 Del. C. § 168A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 168A
§ Â
        168A. Interstate Commission on educational opportunity for military children.
Status: in_force

The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

(A) Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

(B) Consist of 1 Interstate Commission voting representative from each member state who shall be that state’s compact commissioner.

(1) Each member state represented at a meeting of the Interstate Commission is entitled to 1 vote.

(2) A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(3) A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.

(4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

(C) Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.

(D) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

(E) Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a 1-year term. Members of the executive committee shall be entitled to 1 vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex officio, nonvoting member of the executive committee.

(F) Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

(G) Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

(1) Relate solely to the Interstate Commission’s internal personnel practices and procedures;

(2) Disclose matters specifically exempted from disclosure by federal and state statute;

(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.

(H) Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.

(I) Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as it reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

(J) Create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.
14 Del. C. § 1504 — Delaware Code / Title 14 / Chapter 15 / Section 1504
§ Â
        1504. Audit.
Status: in_force

(a) The Auditor of Accounts shall each year as soon as possible after July 1 audit the business and financial transactions, records, and accounts of the Department of Education, the State Board of Education, the Delaware Center for Education Technology, the Delaware Advisory Council for Career and Vocational Education, the boards of education of the school districts, and, if required by § 513(d) of this title, the charter schools created under Chapter 5 of this title.

(b) The Auditor of Accounts shall publish the results of such audit and shall also mention the name of any person who has made within the last year a gift to said funds, with the amount or value thereof.

(c) In order to ensure that authorized position complements are not exceeded, the Auditor of Accounts is directed to incorporate an examination of the number of authorized positions versus the number of actual positions a district has employed as part of the regular, annual audit review for all public school district audits that commence on or after July 1, 1991. This position audit function shall include, in addition to formula salary positions, an examination of positions and associated “option units” authorized by the Secretary of Education under any appropriation.

(d) Any discrepancy found by the Auditor of Accounts which has resulted in a local school district expending more general funds than it was entitled to during the fiscal year being audited shall be promptly reported to the Director of the Office of Management and Budget, the Controller General and the Secretary of Education. Upon review and determination as to the status of the questioned expenditure, the Director of the Office of Management and Budget, Controller General and the local school district Board of Education shall develop and certify a written repayment plan.

(e) The local school district may choose to make the required General Fund reimbursement from its local current operating expense account or by agreeing not to utilize a current year General Fund appropriation for which it is otherwise eligible based on unit entitlements. Reimbursements required by this section shall be transacted during the fiscal year in which the over-expenditure is discovered unless the Director of the Office of Management and Budget and the Controller General agree that the timing of the discovery or the potential impact on the affected district is such that satisfying the obligation in part or in its entirety should be deferred until the next ensuing fiscal year.

(f) In order to assist the Auditor of Accounts in the performance of this function local school districts are instructed to maintain records and make them available in a format that will facilitate this review.
14 Del. C. § 3011 — Delaware Code / Title 14 / Chapter 30 / Subchapter II / Section 3011
§ Â
        3011. Early childhood workforce study.
Status: in_force

Beginning in 2022, the Department of Education (Department), in consultation with stakeholders including the Delaware Early Childhood Council, shall annually produce, by November 15, an early childhood workforce study, which shall include all of the following:

(1) The number of individuals receiving state financial support.

(2) The number and percentage of early childhood professionals with credentials or degrees, both in total and disaggregated by race and ethnicity.

(3) The demographics of the early childhood workforce including age, race, ethnicity, and gender.

(4) The estimated cost to close the gap between current wages and the target wage scale, including parity with public school teaching staff and individuals with similar credentials.

(5) Gaps in data gathering and analysis and potential measures to close the gaps.
14 Del. C. § 163A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 163A
§ Â
        163A. Educational records and enrollment.
Status: in_force

A. Unofficial or “hand-carried” education records. — In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Official education records/transcripts. — Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

C. Immunizations. — Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

D. Kindergarten and first grade entrance age. — Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.
14 Del. C. § 3496-3498 — Delaware Code / Title 14 / Chapter 34 / Subchapter XIII / Section 3496-3498
§ ÂÂ
        3496-3498.  Purpose; administration; Charles L. âChuckâ Hebner Memorial Scholarship.
Status: repealed

Repealed by 73 Del. Laws, c. 188, § 4, effective July 17, 2001. For present law, see § 3444 of this title.
14 Del. C. § 152 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 152
§ Â
        152. State high school diploma requirements [For application of this section, see 81 Del. Laws, c. 229, Â 2].
Status: in_force

(a) The Department of Education shall award a regular “State of Delaware High School Diploma” to a student graduating from a Delaware public high school.

(b) The Department shall award diplomas under subsection (a) of this section to students who:

(1) Successfully complete the prescribed course requirements established by the State, or the district or charter school, if district or charter school credit requirements are higher than those of the State; and

(2) Achieve proficient levels of performance, relative to the State high school content standards, on the assessments administered pursuant to § 151(b) and (c) of this title in conjunction with other academic indicators as defined by Department regulations.

(c) A high school student who fails to achieve a proficient level of performance on the assessments pursuant to this section may retake the assessments each succeeding year they continue in high school. This subsection shall not apply to students taking the alternative assessment pursuant to § 151(f) of this title.

(d) The Department shall award a State of Delaware — Diploma of Alternate Achievement Standards to a student who has met the requirements of the student’s Individualized Education Program but will not complete the high school graduation course credit requirements established by the State, district, or charter school for a regular “State of Delaware High School Diploma” under subsection (a) of this section.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section.
14 Del. C. § 5501 — Delaware Code / Title 14 / Chapter 55 / Subchapter I / Section 5501
§ Â
        5501. Scholarships.
Status: in_force

(a) There is appropriated the sum of $100,000 annually to the Delaware College, University of Delaware for the purpose of establishing scholarships at Delaware College, University of Delaware.

(b) The minimum number of scholarships to be awarded in each and every year shall be 60.

(c) The committee to award such scholarships shall be 3 in number, and shall be composed of 1 member of the faculty at Delaware College, 1 member of the Athletic Council at Delaware College and 1 member of the Alumni Association of Delaware College. The said committee shall be appointed by the Board of Trustees of the University of Delaware for such term or terms as the said Board may deem advisable.

(d) The State Treasurer is authorized and directed to pay to the University of Delaware for Delaware College the sum of $100,000 in each and every year upon warrant or warrants signed by the chair and secretary of the committee.
14 Del. C. § 301 — Delaware Code / Title 14 / Chapter 3 / Section 301
§ Â
        301. Purpose and intent.
Status: in_force

(a) The purpose of the Delaware Interscholastic Athletic Association is to do all of the following:

(1) Preserve and promote the educational significance of interscholastic athletics.

(2) Ensure that interscholastic sports remain compatible with the educational mission of the member schools.

(3) Provide for fair competition among member schools.

(4) Promote sportsmanship and ethical behavior.

(5) Establish and enforce standards of conduct for athletes, coaches, administrators, officials, and spectators.

(6) Protect the physical well-being of athletes.

(7) Promote healthy adolescent lifestyles.

(b) The General Assembly intends for the Delaware Interscholastic Athletic Association to work in consultation and cooperation with the Department of Education toward full implementation of this chapter.
14 Del. C. § 4002 — Delaware Code / Title 14 / Chapter 40 / Section 4002
§ Â
        4002. Definitions.
Status: in_force

(a) “Appropriate bargaining unit” or “bargaining unit” means a group of school employees designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining.

(b) “Arbitration” means the procedure whereby the parties involved in a labor dispute over the interpretation or application of an existing collective bargaining agreement submit their differences to a third party for a final and binding decision.

(c) “Binding interest arbitration” means the procedure by which the Public Employment Relations Board shall make written findings of fact and a decision for final and binding resolution of an impasse arising out of collective bargaining.

(d) “Board” means the Public Employment Relations Board established by § 4006 of this title.

(e) “Certification” means official recognition by the Board, following a secret-ballot election, that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit.

(f) “Collective bargaining” means the performance of the mutual obligation of a school employer through its designated representatives and the exclusive bargaining representative to confer and negotiate in good faith with respect to terms and conditions of employment, and to execute a written contract incorporating any agreements reached. However, this obligation does not compel either party to agree to a proposal or require the making of a concession.

(g) “Confidential employee” means any employee whose essential job function and advanced knowledge about the issues involved in collective bargaining would make it unduly burdensome for the employer to negotiate effectively if the employee were a member of an appropriate bargaining unit.

(h) “Decertification” means the withdrawal by the Board of an employee organization’s official designation as exclusive representative following a decertification election which shows that the exclusive representative no longer has the support of a majority of the members in an appropriate bargaining unit.

(i) “Employee organization” means any organization which admits to membership employees of a public school employer and which has as a purpose the representation of such employees in collective bargaining, and includes any person acting as an officer, representative or agent of said organization.

(j) “Exclusive bargaining representative” or “exclusive representative” means the employee organization which as a result of certification by the Board has the right and responsibility to be the collective bargaining agent of all employees in that bargaining unit.

(k) “Fair share fee” means a fee that a nonmember shall be required to pay to the exclusive representative to offset the nonmember’s per capita share of the exclusive representative’s expenditures. Such fee shall be equal in amount to regular membership dues that a member of the exclusive representative is required to pay, including payments to the exclusive representative’s affiliated organizations, or such lesser amount as is prescribed by the exclusive representative in compliance with the procedures contained herein.

(l) “Impasse” means the failure of a public school employer and the exclusive bargaining representative to reach agreement in the course of collective bargaining.

(m) “Mediation” means an effort by an impartial third party confidentially to assist in reconciling an impasse between the public school employer and the exclusive bargaining representative regarding terms and conditions of employment.

(n) “Nonmember” means an employee of a public school employer who is not a member of the exclusive representative, but who is represented in a collective bargaining unit by the exclusive representative for purposes of collective bargaining.

(o) “Public school administrator” means and includes all public school employees performing primarily administrative functions and employed under an administrative contract by a public school district.

(p) “Public school employee” or “employee” means any employee of a public school employer except public school administrators and confidential employees of a public school employer; provided the exclusive representative of designated appropriate bargaining units certified under Title 19 informs the Secretary of Labor, the Executive Director of the Board and the public school employer in writing, by certified mail, that it elects coverage under the provisions of this chapter; or provided that an employee organization has submitted a petition on behalf of public school employees pursuant to § 4010 or § 4011 of this chapter which includes a request to be covered under the provisions of this chapter prior to the submission of a similar petition pursuant to § 1304 or § 1305 of Title 19.

(q) “Public school employer” or “employer” means any board of education, school district, reorganized school district, special school district, and any person acting as an agent thereof.

(r) “Strike” means a public school employee’s failure, in concerted action with others, to report for duty, or that employee’s wilful absence from that employee’s position, or that employee’s stoppage or deliberate slowing down of work, or that employee’s withholding in whole or in part from the full, faithful and proper performance of that employee’s duties of employment, or that employee’s involvement in a concerted interruption of operations of a public school employer for the purpose of inducing, influencing or coercing a change in the conditions, compensation rights, privileges or obligations of public school employment; however, nothing shall limit or impair the right of any public school employee to lawfully express or communicate a complaint or opinion on any matter related to terms and conditions of employment.

(s) “Supervisory employee” means any employee of a public school employer who has the authority, in the interest of the public school employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not merely routine or clerical in nature, but requires the use of independent judgment.

(t) “Terms and conditions of employment” means matters concerning or related to wages, salaries, donated leave program or programs in compliance with Chapter 13 of this title, hours, grievance procedures and working conditions; provided, however, that such term shall not include those matters determined by this chapter or any other law of the State to be within the exclusive prerogative of the public school employer.
14 Del. C. § 807 — Delaware Code / Title 14 / Chapter 8 / Section 807
§ Â
        807. District and school grants supporting shared decision-making.
Status: in_force

(a) The amount of appropriations to fund the grants specified in this chapter shall be as determined by the annual Appropriations Act. The Department may allocate available federal funds to fund the grants specified in this chapter. School districts and schools shall not be required to provide a local match to these funds but shall be required in the process established by § 803 of this title to consider and incorporate in their district transition plan the appropriate level of local budget support for such purposes.

(b) Each school district shall be entitled to receive a grant to conduct structured conversations and activities and to design a shared decision-making transition plan. This grant may be used over a period set forth in the annual Appropriations Act. Upon written request to the Department of Education on or before April 1, 1998, a district may use and be awarded up to one third of its grant to conduct its required structured conversations and activities.

(c) Districts meeting the requirements for approval of a transition grant as specified by § 803(a) and (b) of this title and the guidelines developed by the Department of Education with the approval of the State Board of Education for such grants may be awarded the balance of their grants for development of a district transition plan; provided, that no such funding shall be available for award after June 30, 1998, and that any application for such funding shall be made to the Department on or before May 1, 1998.

(d) Each school in a district which has adopted a district transition plan for shared decision-making, as specified in § 803(d) of this title, shall be entitled to receive a grant to conduct structured conversations and activities and to develop a school transition plan which incorporates shared decision-making. The amount of such grants shall be established in the annual Appropriations Act or by allocation of available federal funds. Such grants shall be made available starting July 1, 1997, and shall not be available for award after June 30, 2000. Any application for such a grant shall be made on or before May 1, 2000. The grants awarded may be used over a period set forth in such act or determined by the Department in the case of federal funds. The local boards of such schools shall not reduce the funds otherwise allocated to such schools as a result of such grants or otherwise use such grants to supplant local board expenditures. A school may use and be awarded up to 1/3 of its grant to conduct structured conversations and activities.

(e) Schools meeting the requirements for approval of a transition grant as specified by § 805(a) and (b) of this title and the guidelines developed by the Department of Education with the approval of the State Board of Education for such grants may, if they comply with the deadline set forth in subsection (d) of this section, be awarded the balance of their grants for development of the school’s transition plan.

(f) Upon the adoption of its school transition plan by the local board of education and upon its subsequent approval every 3 years pursuant to § 808 of this title, a school shall be eligible to be awarded annually a school improvement grant to implement its school improvement plan through the application process set forth in § 806(a) of this title. The amount and duration of such grants shall be established by the annual Appropriations Act. The local boards of such schools shall not reduce the funds otherwise allocated to such schools as a result of such grants or otherwise use such grants to supplant local board expenditures.

(g) School committees for school discipline and climate, formed pursuant to Chapter 16 of this title, shall be authorized to continue to receive incentive grants, as provided in Chapter 16 of this title and authorized in the annual state Appropriations Act, until such time as a school transition plan, as defined in § 806 of this title, specifies an alternative governance structure to assume the authority and responsibilities specified in Chapter 16 of this title. Such school improvement plan shall be presented to the Department of Education as evidence upon application for such incentive grants.
14 Del. C. § 4142 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4142
§ Â
        4142. Free feminine hygiene products in schools.
Status: in_force

(a) For the purposes of this section, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.

(b) By the 2022-2023 school year, all public and charter schools maintaining any combination of grades 4-12 shall provide free feminine hygiene products in a minimum of ½ of bathrooms, including those designated nongender conforming, used by students who can have a menstrual cycle.

(c) Schools must publish on the school’s website and post in the school’s common areas the locations of the bathrooms where feminine hygiene products are provided. Such information should be updated if bathroom locations are changed.

(d) Each school must consult with its school nurse regarding the feminine hygiene products to be provided.
14 Del. C. § 1044 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1044
§ Â
        1044. Designation of official office.
Status: in_force

The official office of the school board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise adequately provided for and publicly advertised.
14 Del. C. § 1271 — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1271
§ Â
        1271. Certification of professional evaluators; monitoring evaluations.
Status: in_force

(a) The Department shall develop rules and regulations pursuant to this subchapter to credential professional evaluators for the Delaware Performance Appraisal System II, including appropriate training for evaluators. The Department shall ensure that all evaluators are properly trained and credentialed.

(b) To maintain a high standard of quality for professional evaluations, the Department shall develop recommendations for an ongoing DPAS II monitoring system to be implemented by the Department. The monitoring system must include a process by which an educator may challenge the fairness of the process used and/or the conclusions reached in an evaluation.
14 Del. C. § 134 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 134
§ Â
        134. Lead paint on outdoor structures.
Status: in_force

All provisions of this title must comply with Chapter 30M of Title 16.
14 Del. C. § 3434 — Delaware Code / Title 14 / Chapter 34 / Subchapter IV / Section 3434
§ Â
        3434. Speech-Language Pathologist Scholarship.
Status: repealed

(a) (1) It is the intent and purpose of the General Assembly through this section to enable and encourage Delawareans to pursue careers as speech-language pathologists in Delaware public schools and in the Birth to Three Program under Part C of the Individuals with Disabilities Education Act [20 USC § 1431 et seq.].

(2) To be eligible for the Speech-Language Pathologist Scholarship, an applicant must be enrolled as full-time student in a master’s degree program in a Delaware postsecondary institution that is accredited, or is a candidate for accreditation, by the Council on Academic Accreditation in Audiology and Speech-Language Pathology (CAA) of the American Speech-Language-Hearing Association and that will lead to licensure as a speech-language pathologist in Delaware.

(3) The Office shall establish application requirements.

(4) Scholarships are awarded contingent upon funding from the General Assembly and based on the size of the applicant pool.

(5) Scholarships may be renewed for a total of 2 years of graduate study, if the recipient meets the renewal requirements established by the Office.

(b) [Repealed.]
14 Del. C. § 182 — Delaware Code / Title 14 / Chapter 1 / Subchapter V / Section 182
§ Â
        182. Staff.
Status: in_force

The Department of Education may employ a Director of the Delaware Higher Education Office and other staff as necessary to meet its mandate and provide effective service within the limitations of and the manner prescribed by the annual Appropriations Act. Employees of the Office shall be compensated in accordance with the provisions set forth in Chapter 13 of this title.
14 Del. C. § 4307 — Delaware Code / Title 14 / Chapter 43 / Section 4307
§ Â
        4307. Access to the Division of Public Health
Status: in_force

Every public school within a local school district shall post the contact number for the Division of Public Health in a location for public display.
14 Del. C. § 3415A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3415A
§ Â
        3415A. Disbursement.
Status: in_force

(a) Funds awarded from this program shall be disbursed on a semester by semester basis upon receipt of enrollment verification.

(b) No disbursement on behalf of an individual student, pursuant to this subchapter, shall be greater than the tuition charged by the institution.
14 Del. C. § 3004 — Delaware Code / Title 14 / Chapter 30 / Subchapter I / Section 3004
§ Â
        3004. Meetings; organizational structure.
Status: in_force

The Delaware Early Childhood Council (ECC) shall convene regularly-scheduled meetings at least 6 times annually. The ECC may form an executive committee from its members and other subcommittees. The ECC may form standing subcommittees including professional development, quality improvement system, data, and higher education. The ECC shall fulfill all the responsibilities designated under the federal Improving Head Start for School Readiness Act of 2007 (P.L. 110-134) for the State’s Advisory Council on Early Childhood Education and Care.
14 Del. C. § 1726 — Delaware Code / Title 14 / Chapter 17 / Section 1726
§ Â
        1726. Opportunity Fund.
Status: in_force

(a) For purposes of this section:

(1) “English learner students” or “EL” means kindergarten through grade-12 students with limited English proficiency who meet the definition of an “English learner” as that term is defined by the Department of Education by regulation.

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

(b) The Opportunity Fund is established and is to be used to enhance services for EL and LI students enrolled in public schools, including charter schools. The Opportunity Fund consists of money appropriated to the Fund in the annual appropriations act.

(1) The Department of Education shall adopt regulations identifying the types of services and supports that may be funded with money from the Opportunity Fund. The types of services and supports must include the following:

a. Additional staff, including personnel dedicated to improving reading comprehension and math proficiency, and staff who provide additional wrap-around services or mental health supports.

b. Contractual services.

c. Supplies and materials.

d. Other expenditures necessary to provide additional services and supports for EL and LI students.

(2) The Department of Education shall provide an expenditure plan template and plan development supports to school districts and charter schools, including identifying evidence-based practices shown to improve performance outcomes for EL and LI students.

(3) To receive funding under this section, a school district or charter school shall submit a proposed expenditure plan to the Department of Education for review no later than the second Friday of July of each fiscal year. A school district’s or charter school’s proposed expenditure plan must separately list each school governed by the school board of the school district or charter school that will receive funding under this section.

(4) Funding received under this section is supplemental to and may not supplant any state, local, or federal funds.

(c) (1) Except as provided under paragraph (c)(2) of this section, each school board of a school district or charter school shall allocate funding received under this section to schools governed by the school board such that not less than 98% of funding received under this section that is generated by a school’s LI and EL population calculation is allocated to that school.

(2) A school board of a school district or charter school may allocate funding received under this section in a manner different than provided under paragraph (c)(1) of this section if the school board does both of the following:

a. Follows the procedure under § 1704(4) of this title.

b. Approves the allocation before submission of an expenditure plan under paragraph (b)(3) of this section.

(d) At least $5 million of the annual appropriation to the Opportunity Fund must be allocated to public schools, including charter schools, identified as having an enrollment of at least 60% LI students or 20% EL students.

(1) A public school receiving funding under this subsection shall use the allocated funds for mental health or reading supports to enhance services and provide additional supports to EL or LI students.

(2) The Department of Education shall annually identify public schools that meet the criteria under this section for EL and LI students.

(e) A school district or charter school shall submit an annual report on the use of funding received under this section to the Department of Education no later than November 1 of each year.

(1) The report must do all of the following:

a. Provide the total amount of funding received under this section by each school during the prior school year.

b. Provide the total amount of funding received under this section each school spent during the prior school year.

c. Detail how each school spent the funding received under this section.

(2) A school district or charter school shall make the report submitted under this subsection publicly available on its website. The Department of Education shall make the reports submitted under this subsection publicly available on the Department’s website.

(f) (1) The per pupil amount of Opportunity Funds must be calculated as follows: $55 million divided by the total sum of EL and LI student enrollment in each school district and charter school.

(2) In each fiscal year after fiscal year 2025, the Opportunity Fund total must be equal to at least the per pupil amount calculated in Fiscal Year 2025 under this subsection and multiplied by the sum of EL and LI student enrollment as of September 30 of the previous fiscal year.

(3) For purposes of this subsection, a student may be counted as both an EL student and a LI student if the student satisfies the definition for both groups.

(4) The amount of funding received under subsection (d) of this section is in addition to the amount calculated in this subsection.
14 Del. C. § 2111 — Delaware Code / Title 14 / Chapter 21 / Section 2111
§ Â
        2111. Signing and sealing bonds.
Status: in_force

The bonds shall be signed by the president or chairperson and 1 other member of the school board. The school board may adopt a seal to be used in the execution of the bonds. The school board may, in lieu of the signatures required by this section, authorize by special resolution that the signatures of the persons required to sign the bonds may be engraved or facsimiles thereof printed or otherwise transcribed upon the bonds and when such engraved or facsimile signatures shall be so authorized and engraved, printed or otherwise impressed upon said bonds they shall have the same effect as written signatures of such persons. The coupons attached to said bonds shall bear upon their face the engraved or printed signature of the president or chairperson of the school board.
14 Del. C. § 1913 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1913
§ Â
        1913. Rate of tax [For application of this section, see 85 Del. Laws, c. 135, Â 1, and c. 230, Â 1].
Status: in_force

(a) If the additional tax was authorized on the basis of amount of tax to be collected, the school board shall, upon the completion of the assessment, fix the rate sufficient to raise the amount determined to be raised at that time with an addition of 10 percent added thereto for delinquencies and costs of collection. If the additional tax was authorized on the basis of a specified rate of taxation, the board shall add thereto 10 percent of said authorized rate for delinquencies and costs of collection.

(b) Notwithstanding any other provision of this title to the contrary, any school district which traverses county boundary lines, which has tax rates established in accordance with § 1916(c) of this title, and which subsequently receives approval through referendum to change the limit on such tax rate, shall establish a new or changed tax rate, including the 10 percent for delinquencies and costs of collection, such that the tax rate levied upon the full valuation of real estate will be uniform on all real estate in the school district regardless of the county in which it is located. For purposes of this subsection, the term “tax rate” shall mean the total tax rate levied for all school purposes. For purposes of this subsection, the term “full valuation” shall mean the assessed valuation of a real property divided by the most current assessment to sales price ratio for property within each county among the following sources of such ratios:

(1) The aggregate assessment to sales price ratio for all types of real estate in that county as presented in the 1982 Taxable Property Values and Assessments survey for Delaware, United States Bureau of Census.

(2) The assessment to sales price ratio established by the Director of the Office of Management and Budget in accordance with § 1707 of this title.

(3) The county’s assessment to sales ratio used in its most recent assessment.
14 Del. C. § 1005 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1005
§ Â
        1005. Employeeâs right to fair dismissal; seniority.
Status: in_force

Nothing in this chapter shall be deemed to alter or affect in any way either Chapter 14 of this title or the right to terminate the employment of any school employee to whom Chapter 14 of this title does not apply, for cause or for any other reasons not inconsistent with the purpose of this section, except that, for purposes of § 1403 of this title, a teacher as defined in § 1401 of this title who is and has been continuously employed among a district created by a division under § 1028(k) of this title, the district divided under § 1028(k) of this title and 1 of its component former school districts shall be deemed to have been continuously employed by the new district to which that teacher has been assigned for the entire term of that teacher’s continuous employment in the several school districts.
14 Del. C. § 403 — Delaware Code / Title 14 / Chapter 4 / Section 403
§ Â
        403. Pupil application; withdrawal [For application of this section, see 83 Del. Laws, c. 316, Â 3].
Status: in_force

(a) (1) Any parent of a school age child may apply to enroll that parent’s own child in a school or program in a reorganized school district, vocational-technical school district, or charter school by submitting an online application or written application, on a standard form provided by the Department of Education, to the Department of Education or to the receiving local education agency and to the district of residence on or after the first Monday in November and on or before the second Wednesday in January for enrollment during the following school year, except that a parent may apply to a receiving local education agency until the first day of the school year for enrollment in a kindergarten program during that school year. Any student not currently registered in a public school in the State of Delaware must be registered in their school of residence before submitting a Delaware standard application for education options.

(2) a. To be eligible to apply to a school or program in a receiving local education agency under paragraph (a)(1) of this section, a child must first be registered in the child’s assigned public school within the district that the child would normally be enrolled based on the child’s place of residence.

b. The registration required under paragraph (a)(2)a. of this section must be through the uniform registration process under Chapter 4A of this title, whether through internet-based or in person registration.

c. During the registration process under paragraph (a)(2)a. of this section, there must not be unnecessary barriers or burdens to accessing school choice opportunities.

(3) The Department of Education shall distribute applications to the appropriate receiving local education agency no later than 10 working days after the application deadlines set forth in this subsection.

(4) Receiving districts may require the submission of information beyond that contained in the standard form provided that it requires the submission of the same information by the parents of children residing in the attendance zone for the school.

(5) Notwithstanding the requirements of this subsection, charter schools, vocational-technical school districts, and magnet schools may accept applications submitted after the second Wednesday in January to fill remaining availability.

(b) If a parent of a school age child fails to file an application by the deadline established in subsection (a) of this section, and good cause exists for the failure to meet the deadline, the receiving local education agency and the district of residence shall accept and consider the application in the same manner as if the deadline had been met.

(c) The parent of a school age child may withdraw the application at any time prior to action on the application by the board of the receiving local education agency by giving written notice to the boards of the receiving local education agency and the district of residence.

(d) The parent shall indicate on the standard form the schools and programs to which the parent is applying on behalf of the parent’s child, as well as the parent’s order of preference of the schools or programs.
14 Del. C. § 1263 — Delaware Code / Title 14 / Chapter 12 / Subchapter VI / Section 1263
§ Â
        1263. Issuance of initial licensure and certification to a participant in an alternative routes for teacher initial licensure and certification program.
Status: repealed

(a) At the conclusion of an ARTC program, all of the following must be met:

(1) The ARTC program shall provide to each participant and the Department documentation stating whether the participant has successfully completed the alternative routes for teacher licensure and certification seminar and hours of formal instruction or professional development under § 1260 of this title.

(2) The local education agency shall provide to each participant and the Department documentation stating whether the participant has 2 summative evaluations using a state-approved educator evaluation system with not more than 1 summative evaluation being unsatisfactory.

(3) Each participant shall provide to the Department official documentation of passing scores on state-approved content readiness exams under the certification requirements.

(b) Subject to § 1217 of this title and notwithstanding any other provision in this chapter, the Department shall issue to an ARTC program participant the appropriate license and certification, if the participant has attained all of the following:

(1) Successful completion of all ARTC program requirements.

(2) Two summative evaluations using a state-approved educator evaluation system with not more than 1 summative evaluation being unsatisfactory.

(3) Passing scores on approved content readiness exams under the certification requirements.

(4) [Repealed.]

(c) The Department shall promulgate rules and regulations to implement this section.
14 Del. C. § 207 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 207
§ Â
        207. Legislative educational impact statements.
Status: repealed

Repealed by 73 Del. Laws, c. 312, § 334, effective June 25, 2002.
14 Del. C. § 4123 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4123
§ Â
        4123. Oral health screening [For application of this section, see 84 Del. Laws, c. 132, Â 2].
Status: in_force

(a) For purposes of this section, “oral health screening” means the screening done by a dental hygienist or dentist.

(b) Each school district and charter school must provide an oral health screening to each student enrolled in kindergarten by the last student attendance day of each school year.

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

(d) If a student fails an oral health screening, the school must notify the student’s parent, guardian, or relative caregiver.

(e) The Bureau of Oral Health and Dental Services must inform a parent or guardian of each student’s oral health status by sending home, with the student, a copy of the dental screening results and must refer students who need a dental referral or restorative care to a dentist.

(f) The requirements of this section are contingent on the ongoing funding and implementation of the Delaware Smile Check Program under the Department of Health and Social Services or other comparable program of sufficient capacity to provide free oral health screenings to all enrolled kindergarten students.
14 Del. C. § 1605 — Delaware Code / Title 14 / Chapter 16 / Section 1605
§ Â
        1605. School and district level component.
Status: in_force

The Department of Education shall be authorized to approve and provide financial support for programs to provide alternative educational and related services to disruptive students in the public schools. This component will serve students, in schools enrolling pupils in grades K through 12, who are causing repeated disruptions in the regular classes to which they are assigned. Services may be delivered in a variety of modes with students assigned to the specific programs for short- or long-term assistance. Programs authorized under this section could also serve as a transition for youngsters returning from programs operated under the provisions of § 1604 of this title. The Department of Education shall provide rules and regulations for the conduct of programs authorized under this section subject to the following limitations:

(1) School districts shall be permitted to use personnel authorized by any of the provisions of this title to establish alternative educational and related service programs for disruptive students. Such personnel shall continue to be paid in accordance with salary schedules specified in Chapter 13 of this title.

(2) In the event that a school district uses personnel authorized under various sections of this title to establish and operate a program for disruptive students, the district may elect to employ 2 service paraprofessionals or 2 instructional paraprofessionals, paid in accordance with § 1324 of this title, in lieu of 1 staff member paid in accordance with § 1305 of this title.

(3) Any school which either enrolls pupils in at least 2 of the grades 3 through 12 or enrolls pupils solely in 1 or more of grades K through 3, and which establishes a program for disruptive students in accordance with the provisions of this section and the rules and regulations of the Department of Education may make application to the Department for an incentive grant to help defray the cost of operating such program. No school may qualify for more than 1 incentive grant per fiscal year, and all applications for such grants must have the prior approval of the board of education of the school district in which the applicant school is located. The maximum dollar value of an incentive grant shall be specified in the annual budget appropriation bill. Funds available to the Department of Education shall be allocated on a competitive basis if in any fiscal year more schools are eligible for funding than there are funds appropriated for the incentive grants.

(4) Funds provided to a school under an incentive grant provided under paragraph (3) of this section may be used for any purpose that Division I or II funds may be used, provided, however, that such funds shall not be used to pay salaries to employees beyond the state-supported salaries specified in Chapter 13 of this title.

(5) To achieve the most cost-effective impact from the incentive funds authorized by this section and to increase the coordination of services by schools and other governmental and nongovernmental social service agencies consistent with § 1607 of this title, schools and school districts shall consider contracting for educational or related goods and services with the State Departments of Services for Children, Youth and Their Families and Health and Social Services, and other governmental and nongovernmental social service agencies using funds authorized by this section. Each school filing a report pursuant to paragraph (6) of this section shall include information regarding the provisions of this paragraph (5).

(6) All schools receiving an incentive grant pursuant to paragraph (3) of this section shall submit an annual evaluation report on the effectiveness of the program to the Department of Education. The report shall be in a format and shall include the data and information specified by the Department.

(7) To receive a supplemental grant greater than the dollar amount for base grants funded in support of programs defined in this section by the annual budget act, schools shall establish a site-based committee in the school to govern discipline matters and shall meet the criteria set forth in this subdivision. Supplemental grants shall be available for grades 7, 8, 9 and 10 only. The annual budget act shall establish the dollar amount of such supplemental grants. Before issuing funding pursuant to this paragraph, the Department shall determine that the school’s application meets the following criteria:

a. The grant application must certify that the majority of the members of the school level committee are members of the school professional staff, of which a majority shall be instructional staff; that the committee contains representatives of the support staff, student body (for schools enrolling students, grades 7 through 12), parents and the community; that representatives of the employee groups are chosen by members of each respective group and representatives of the nonemployee groups are appointed by the local board of education; and that the committee operates on the 1-person, 1-vote principle for reaching all decisions.

b. The grant application must certify that the committee has the authority, within established local district budgetary guidelines and at its sole discretion, to:

1. Establish a school code of conduct which defines the roles and responsibilities of all members of the school community (administrators, teachers, support staff, contracted service personnel, students, families and child/family advocates) and which is consistent with the established state and federal laws, state and federal regulations, local board policies, local district codes of conduct and local district budgetary guidelines, unless relevant waivers have been granted.

2. Hear concerns from a staff member dissatisfied with the disposition of any disciplinary matter by the school administration;

3. Refer students to programs defined in § 1604 of this title; provided, however, that any child with disabilities be referred to such programs through the child’s Individualized Education Plan;

4. Design, approve and oversee the implementation of programs established in the school as defined in this chapter;

5. Establish and enforce the school’s attendance policy, including mandating attendance in programs established in paragraph (7)b.7. of this section;

6. Establish extended day, week or year programs, for students with discipline or attendance problems, or at risk of academic failure, that provide for the assessment of penalties for violations of school discipline or attendance policies and for academic acceleration and tutoring, mentoring and counseling services for such students and their families as an integral program component;

7. Establish staff development programs for conflict resolution for all school staff, and establish programs in classroom and behavioral management for schools staff identified as needing improvement;

8. Design student mentoring, conflict resolution and/or peer counseling programs for all students, especially for those who are identified as having chronic discipline, academic or attendance problems.
14 Del. C. § 1320 — Delaware Code / Title 14 / Chapter 13 / Section 1320
§ Â
        1320. Deduction for unexcused absence.
Status: in_force

For each day’s absence for reasons other than those permitted under § 1318 of this title, there shall be deducted 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary; 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary; 1/222 for an employee who is employed for 12 months, for each day of unexcused absence.
14 Del. C. § 7105 — Delaware Code / Title 14 / Chapter 71 / Section 7105
§ Â
        7105. Powers of district library commission.
Status: in_force

(a) The district library commission shall have the custody and management of the library and all property owned or leased, or donated, relating thereto. All money, from whatever source, shall be placed in the care and custody of the commission to be expended or retained by the commission for and in behalf of the library.

(b) The district library commission may procure and maintain suitable quarters for the library; purchase or accept donations or gifts of printed matter; employ employees; and shall have such further and additional powers as may be necessary for the foundation and establishment, and the support and maintenance of a library.

(c) The district library commission shall have the power to take and hold in the name of the district library commission real and personal property by deed, devise, bequest, gift, grant or otherwise, except by eminent domain, and to alien, sell, transfer and dispose thereof as an occasion may require, and the proceeds realized therefrom may be reinvested in other property, funds or securities for the benefit of the district library.

(d) The district library commission shall have the power to enter into contracts for any library service with any other library, business or with any governmental unit.

(e) All deeds of real estate and bills of sale and contracts shall be executed on behalf of the district library commission by the president and secretary of the district library commission.
14 Del. C. § 4168 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4168
§ Â
        4168. Regulatory authority.
Status: in_force

The Department of Education may promulgate regulations necessary to implement and enforce this chapter.
14 Del. C. § 3907 — Delaware Code / Title 14 / Chapter 39 / Section 3907
§ Â
        3907. Unexpended appropriations.
Status: in_force

All moneys appropriated for the purposes of this chapter and not expended during any fiscal year shall revert to the General Fund of the State Treasury.
14 Del. C. § 8907E — Delaware Code / Title 14 / Chapter 89E / Section 8907E
§ Â
        8907E. Pension modifications.
Status: in_force

Each Behavioral Health Professional of the Year, on every level, shall have added to that behavioral health professional’s final year of salary the dollar amount of that behavioral health professional’s Behavioral Health Professional of the Year Award or Awards as enumerated in § 8904E of this title solely for computing the final average compensation for pension purposes.
14 Del. C. § 4130 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4130
§ Â
        4130. Expulsion of students; re-enrollment.
Status: repealed

(a) In any case where a public school student is expelled from a school district or a charter school, the expelled student shall not be permitted to reenroll in any other school district or charter school in this State until after the full period of expulsion from the school district or charter school where the student was expelled shall have expired.

(b) Prior to enrolling any student who attempts to transfer to a school district or charter school in this State, the superintendent of that school district, or the superintendent’s designee, the head of a charter school or such head’s designee shall first contact the last school district or charter school where the student was last enrolled, if in this State, to determine if that student is under a current expulsion order in that district or charter school. If it is determined that the student is under a current expulsion order, that student shall not be permitted to enroll until the expulsion order has expired as set forth in subsection (a) of this section.

(c) Any student who has been expelled from a public school in this State or in any other state shall, prior to enrollment in any public school in this State, completely fulfill the terms of that expulsion.

(d) The provisions of subsections (a), (b) and (c) of this section shall not apply to any case in which a student is seeking to enroll in the James H. Grove High School or in any alternative educational or other related program developed to provide educational services to children who have discipline problems.

(e) [Repealed.]
14 Del. C. § 2114 — Delaware Code / Title 14 / Chapter 21 / Section 2114
§ Â
        2114. Replacement of lost, destroyed or defaced bonds.
Status: in_force

The school board of any district may issue a new bond to replace an unmatured bond which has been lost, destroyed or defaced, upon the written request of the owner thereof, the owner’s legal representatives, successors or assigns, and upon giving:

(1) Proof of ownership;

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

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

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

Any new bond and coupons shall be executed by the officials (including, in the case of a school district, a member of the board of school trustees of the district) in office at the time of such replacement and shall bear the seal of the district. The coupons, if any, shall be signed by the facsimile of the signatures of the appropriate officers. There shall be endorsed on the new bond a statement in substantially the following form:

“This bond has been reissued to replace a lost, destroyed or defaced bond.”

The replacement shall be authorized by a resolution of the school board which shall set forth a copy of the written request of the owner, the owner’s legal representatives, successors or assigns, and the designation, date, maturity, interest rate, denomination and number of the replaced bond.
14 Del. C. § 171A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 171A
§ Â
        171A. Rulemaking functions of the Interstate Commission.
Status: in_force

(A) Rulemaking authority. — The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

(B) Rulemaking procedure. — Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act”, of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

(C) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.

(D) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
14 Del. C. § 193 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 193
§ Â
        193. Consumer fair practices and complaints.
Status: in_force

(a) This section applies to all postsecondary institutions and private business and trade schools as defined in Chapter 85 of this title.

(b) All postsecondary institutions and private business and trade schools and their representatives are subject to the Consumer Fraud Act of subchapter II of Chapter 25 of Title 6. Recruitment, admissions, contractual agreements, student financial assistance, obligations to repay student loans, placement assistance, job placement rates, advertising, refund policies, accreditation, and transferability of credits are within the definition of “merchandise” in § 2511 of Title 6.

(c) A statement offering a program of study printed in the institutional catalog at the time of a student’s enrollment in the program is deemed to constitute a representation that the student has a reasonable expectation of completion of the program within the timeframe specified by the Department in regulation.

(d) No person, directly or through an agent, may use the terms “approval,” “approved,” “authorized,” “approved to operate,” “approval to operate,” “authorized to operate,” “approved to confer degrees,” “approval to confer degrees,” “authorized to confer degrees,” “certificate,” “certificate of approval,” “certified,” or similar language without having been issued a certificate of approval by the Department and, if applicable, approval to confer degrees from the Department as provided in § 125 of Title 8.

(e) No person, directly or through an agent, may make a statement that a postsecondary institution or its courses of instruction have been accredited unless the accrediting agency is identified.

(f) No person, directly or through an agent, may make a statement that a postsecondary institution or its courses of instruction have been approved by a state or the federal government unless the approval can be substantiated by a certificate or letter of approval issued by the approving agency of the state or federal government.

(g) A violation of subsection (c), (d), (e), or (f) of this section is an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.

(h) If a student enters into a financial agreement with an institution at a time the institution was not compliant with the requirements of § 186 or Chapter 85 of this title, the financial agreement is void. Any moneys paid to the institution under the agreement must be refunded to the student.

(i) Any written complaints alleging a violation of this subchapter that the Department receives will be reviewed by the Department. The Department will provide information on potential violations of this subsection or the Consumer Fraud Act [subchapter II of Chapter 25 of Title 6] to the Department of Justice.

(j) The Department’s authority to act under this subsection is independent of a determination by the Department of Justice or a court that a person violated this subsection or the Consumer Fraud Act [subchapter II of Chapter 25 of Title 6].
14 Del. C. § 2731 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2731
§ Â
        2731. Enforcement of court order.
Status: repealed

(a) The court with jurisdiction over the matter shall retain jurisdiction until all terms of the court’s order have been complied with regardless of any change in the student’s age, marital status or choice of educational source or location.

(b) Notwithstanding any provision of this Code to the contrary, if it is alleged that a student has not complied with the terms of the court’s order, the noncompliant student may be charged with criminal contempt pursuant to § 1271 of Title 11, which shall, in the first instance, be brought in the Family Court.

(c) A juvenile against whom criminal contempt proceedings pursuant to this section and § 1271 of Title 11 have been initiated shall have the right to counsel at all stages.

(d)-(f) [Repealed.]
14 Del. C. § 1511 — Delaware Code / Title 14 / Chapter 15 / Section 1511
§ Â
        1511. School funding transparency.
Status: in_force

(a) By December 2018, the Department of Education will create a standardized statewide approach to collecting and reporting school-level per-pupil expenditures that all districts and charter schools must follow. At a minimum, the standardized statewide approach must do all of the following:

(1) Comply with Every Student Succeeds Act (ESSA) [P.L. 114-95] requirements by reporting federal funding separate from state and local funding.

(2) Create business rules that will identify which district and charter expenses are to be included and excluded in the per-pupil calculation.

a. At a minimum, expense categories required under ESSA should be included such as administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities.

b. At a minimum, expense categories that do not link directly to the day-to-day schooling of pre-K through twelfth-grade students should be excluded. Excluded expense categories include adult education, capital expenditures, community services, fees for student services, debt service, and rent.

c. Salary costs reported under this section must include benefits and other employment costs.

(3) Define the method of determining student enrollment counts used in the per-pupil calculation.

(4) Require that districts and charter schools report 100% of included district and charter expenses, as defined in paragraph (a)(2) of this section, in the following 2 school-level categories:

a. Category 1: Expenditures on resources actually tracked to the school.

b. Category 2: Each school’s share of central office expenditures (expenditures shared across multiple schools).

Each district and charter school must also report the grand total of Categories 1 and 2.

(5) Give clear guidance to districts and charter schools about how to assign district and charter expenses into Categories 1 and 2 for reporting purposes. The guidance must do at least all of the following:

a. Require that at least the expense categories required under ESSA are commonly defined across the State in how they get assigned to Category 1 or 2.

b. Require that districts and charter schools report whether they have assigned any expense categories that they have discretion over into Category 1 or 2.

c. Require that all expenditures for personnel who work in schools at least 80% of the time are reported in Category 1 using actual, not average, salary costs.

d. Require that central office expenditures be either divided across all schools according to student enrollment or be divided by time spent in each school.

e. Require that charter schools without central offices report 100% of included district and charter expenses, as defined in paragraph (a)(2) of this section, in Category 1, since all expenditures are made at the school site, so that reporting is comparable across districts and charter schools.

f. Require that any expense categories and amounts excluded from the calculation, as defined in paragraph (a)(2) of this section, are still reported.

g. Require that districts and charter schools commonly report the averages of teacher and paraprofessional salaries at the school-level.

h. 1. Require that districts and charter schools report expenditures with codes that identify each expenditure with the type of expenditure, such as personnel, materials and supplies, or contract services.

2. The codes under paragraph (a)(5)h.1. of this section must be developed as part of the process under subsection (c) of this section, with an intent to provide public transparency regarding how schools spend money.

(b) Annually, beginning with school year 2018-2019 data reported no later than December 2019, the Department of Education will publicly report school-level per-pupil expenditures, as defined in subsection (a) of this section, as follows:

(1) The annual data must be publicly reported in at least the following formats:

a. Online individual school report cards.

b. Downloadable statewide data files or interactive, user-friendly online statewide data tools that allow the user to draw comparisons between schools.

(2) At a minimum, the following information must be included with school-level per pupil expenditures:

a. The school level (elementary, middle or high school).

b. The grade levels served and student enrollment of each school.

c. The statewide school-level per-pupil expenditure averages, using the grand total of Categories 1 and 2 as defined in paragraph (a)(4) of this section.

d. The districtwide school-level per-pupil expenditure average, using districtwide averages for Category 1 spending as defined in paragraph (a)(4) of this section.

e. School-level student demographics including rates of English learners, students living in poverty, and special education students by need category.

f. School-level student outcomes, including proficiency in state assessments and graduation rates.

g. Average teacher salary at the school-level.

h. Average paraprofessional salary at the school-level.

(3) The following information may be included with school-level per-pupil expenditures:

a. The district and statewide averages of student demographics, as defined in paragraph (b)(2)e. of this section.

b. The district and statewide averages of student outcomes, as defined in paragraph (b)(2)f. of this section.

c. The district and statewide averages of teacher salaries and paraprofessional salaries, as defined in paragraphs (b)(2)g. and h. of this section.

d. Names of special programs in the school that drive resource allocation, such as districtwide special education programs.

(4) Individual school report cards must be posted on state, district, and charter websites.

(c) The Department of Education must include public community involvement in developing the standardized statewide approach as follows:

(1) Hold at least 3 public meetings to review and receive input on the standardized statewide approach before finalizing the approach for district and charter school use.

(2) Hold at least 3 public meetings to review and receive input on the templates for publically reporting data.

(3) Include representatives of at least the following constituencies:

a. District leaders.

b. Business managers.

c. Charter leaders.

d. Local school board members.

e. Business community.

f. Parents.

g. Advocates with specific knowledge of low-income students, special education, or of English learners.

h. Educators and the Delaware State Education Association.

i. Governor’s Advisory Council for Exceptional Citizens.

(4) Report twice to the Chairs of the House and Senate Education Committees on how the requirements of subsection (c) of this section were met and how feedback was incorporated by the end of December 2018 and again before the release of the 2018-2019 data that will be reported no later than December 2019.

(d) Each year, after new school-level per-pupil expenditure data is released to the public, the Department of Education must offer at least 1 training session with the objective to increase understanding and use of the data in order to make data-driven decisions for students. The training, which is optional, must be offered to at least each of the following groups:

(1) Each of the local school boards and citizen’s budget oversight committees.

(2) School and central office leaders from districts and charters.

(3) The general public and parents, which must be held at a time and place accessible to working parents and with translation services available.

(e) The Department of Education shall oversee the statewide collection of school-level financial data. To this end, when processing financial and personnel transactions in the statewide systems of record, local school districts and charter schools shall use a standard set of codes as established by the Department of Education.
14 Del. C. § 2004 — Delaware Code / Title 14 / Chapter 20 / Section 2004
§ Â
        2004. Construction of facilities exceeding the standard formula.
Status: in_force

This chapter shall not prevent the Department of Education from approving school construction requests submitted by districts when such requests vary from the standard formula; provided, however, that when the costs of the facilities so approved exceed the costs determined by the standard formula, the voters in the districts so affected may authorize and limit by referendum the expenditure of funds to the amount based on the standard formula, such referendum to be held in accordance with Chapter 21 of this title. The election may be conducted by the use of printed paper ballots or by the use of voting machines. Provisions shall be made for the following form to appear on the printed paper ballots next to squares added for convenience in marking and on the voting machine:

Section I — Vote for one

A. For a bond issue at this time

B. Against a bond issue at this time

Section II — Vote for one

In the event that the majority of votes cast in Section I is for a bond issue, which bond issue would you prefer?

A. For the bond issue in the amount of $ as recommended by the school board.

B. For the bond issue in the amount of $ as determined from the standard formula by the Department of Education.

The amounts of the proposed bond issues shall be inserted in the appropriate spaces on the ballot. Section I of the ballot shall be counted first. If the majority is for issuance of a bond (Section I) then Section II shall be counted and in no case shall the bond issue recommended by the school board be authorized with less than a majority of the total ballots validated for count; the lack of which majority will constitute a positive bond issue authorization by the standard formula of the Department of Education.
14 Del. C. § 9005A — Delaware Code / Title 14 / Chapter 90A / Section 9005A
§ Â
        9005A. Penalty for violation.
Status: in_force

(a) Any academic institution that violates § 9002A, § 9004A, or § 9006A(a) of this title may be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $25,000 for each second or subsequent violation within a 5-year period. Any penalty collected under this provision shall be paid to the Criminal Justice Council, to be deposited in a fund for the benefit of sexual assault survivors at academic institutions, and for use in other sexual assault awareness and prevention programs. To the extent practicable, penalty moneys shall be used for the benefit of sexual assault survivors and for programs at the academic institution that paid the penalty, or for generalized statewide prevention and education programs.

(b) The Department of Justice shall receive and investigate complaints regarding violations of this chapter and is empowered to seek enforcement of penalties under this section in a court of competent jurisdiction or engage with an academic institution to remediate or correct violations.
14 Del. C. § 1217 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1217
§ Â
        1217. Denial of licenses and permits [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant’s application for a license or permit for failure to meet the qualifications for a license or permit. The Department may further deny a license or permit to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and (b) of this title.

(b) The Department shall not take action to deny a license or permit under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.

(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have the power to administer oaths and issue subpoenas to compel the testimony of witnesses and the production of books, accounts, papers, records, or documents.

(d) The burden of proof in a license or permit denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license or permit because that applicant meets the qualifications for licensure or a permit pursuant to the applicable laws and regulations.
14 Del. C. § 1006 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1006
§ Â
        1006. Deployment of school employees in each reorganized school district.
Status: in_force

(a) The State Board of Education shall devise a fair and equitable procedure for the deployment of school employees among and within the districts reorganized pursuant to this subchapter and § 1028(k) of this title which will be consistent with the criteria for reorganization set out in § 1003 of this title.

(b) Any school district which is eligible for division pursuant to § 1028(k) of this title shall include in every employment contract into which it enters after July 8, 1980, a statement providing that the contract shall not be binding on any district created by such division.
14 Del. C. § 605 — Delaware Code / Title 14 / Chapter 6 / Section 605
§ Â
        605. Inmates of childrenâs homes or institutions.
Status: in_force

(a) The school board of any reorganized school district in which there is located any orphans’ home, home for the friendless, children’s home, other institutions for the care of orphans or other children or any institution to which children are assigned by any court for any reason, may at the discretion of such board permit any children who are inmates of such homes or institutions but not legal residents in such district to attend the public schools in said district; and the district of residence shall be liable for the tuition of such pupils.

(b) If a charge is made by any reorganized school district for tuition for the inmates of any homes or institutions who are in attendance in such district’s schools, the officers of the homes or institutions shall submit to the school board a sworn statement setting forth the names, ages and school district liable for tuition of all children who desire to attend public schools in the district, and who are inmates thereof as of September 30 of each year, together with a blank acknowledging or disclaiming residence signed by the secretary of the reorganized school district in which the home or institution declares the legal residence of the children to be. If the sending district does not return the said blank with an acknowledgment or disclaimer within 30 days from the time it was mailed, the Secretary of Education shall withhold from Division III entitlement the tuition for such inmates from the district of residence upon receipt of a sworn statement setting forth the names, ages, tuition charges and district of legal residence, such sworn statement to be furnished by the receiving district.
14 Del. C. § 601 — Delaware Code / Title 14 / Chapter 6 / Section 601
§ Â
        601. Definitions.
Status: in_force

For the purpose of this chapter the following terms shall have the following meanings:

(1) “Receiving district” shall mean any reorganized school district which enrolls in its schools any pupil who is not a resident of such “receiving district.”

(2) “Residence”. — A pupil shall be considered a resident of the reorganized school district based on meeting the residency qualifications established by § 202 of this title.

(3) “Sending district” shall mean any reorganized school district which sends to the schools of a “receiving district” any pupil who is not a resident of such “receiving district.”
14 Del. C. § 5117 — Delaware Code / Title 14 / Chapter 51 / Section 5117
§ Â
        5117. Credit of State not pledged.
Status: in_force

Revenue bonds issued under this chapter shall be payable exclusively from specified funds of the University. All such bonds shall contain a statement on their face that the State is not obligated to pay the same or the interest thereon and that the faith and credit of the State are not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
14 Del. C. § 1922 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1922
§ Â
        1922. Borrowing in anticipation of taxes.
Status: in_force

School districts may borrow money in anticipation of local school taxes, as imposed by this chapter, to an amount not to exceed 25% of such annual taxes, which shall be pledged for the payment of such loan or loans, and issue revenue anticipation notes or certificates, executed in accordance with § 2111 of this title. Such revenue anticipation notes or certificates shall mature and be payable within 90 days of the date such money is borrowed. They shall be redeemable at a state or national bank designated by the school district. The faith and credit of the school district is pledged for the payment of the principal and interest of the revenue anticipation notes or certificates of indebtedness which shall be exempt from taxation for any purpose by this State. All expense incident to the advertising, preparing, issuing and delivering of the revenue anticipation notes or certificates, and principals and interest thereon shall be paid by the school district. No such borrowing shall constitute an increase of bonded debt within the meaning of § 2107 of this title.
14 Del. C. § 9130 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9130
§ Â
        9130. Establishment of Community College Infrastructure Fund; purposes; limitations.
Status: in_force

(a) (1) There is established within the Office of the State Treasurer a special account to be known as the “Community College Infrastructure Fund”, with the intent that the General Assembly fund said account by an annual appropriation of at least $10 million through Fiscal Year 2029. Further, it is the intent that the General Assembly fully fund the College’s annual capital improvement request for critical capital needs/deferred maintenance. At the end of Fiscal Year 2029, the College shall report on its progress in addressing its deferred maintenance needs and submit a reevaluation of the College’s deferred maintenance needs to the General Assembly and the Governor. College requests for major capital construction shall continue to be funded through the annual major capital improvement budgetary process.

(2) Additional nonappropriated amounts may be deposited by the College from other available sources including, but not limited to, student tuition and fees, private funds, nonstate grants and federal support.

(b) The authorization amounts deposited into the Fund pursuant to paragraph (a)(1) of this section hereof are to be used to pay all or a portion the following:

(1) Costs associated with major and minor capital improvements that the Board deems necessary for the sound expansion and development of the College, including equipping buildings and facilities, together with the incidental acquisition of land.

(2) Costs associated with the maintenance and preservation of major and minor capital improvements.

(3) Costs associated with enhancements to technology including the acquisition of computer hardware and software to support instruction, student services, and administration.

(c) The nonappropriated amounts deposited into the Fund pursuant to paragraph (a)(2) of this section hereof are to be used for the following:

(1) Costs listed in subsection (b) of this section above.

(2) Principal and interest on promissory notes or bonds issued by the College under this subchapter.

(3) Expenses associated with the issuance of promissory notes or bonds by the College or any expenses associated with the issuance of bonded indebtedness by the State to acquire a like principal amount of promissory notes or bonds issued by the College and for the purpose of refunding or refinancing outstanding issues of such bonds issued by the State.

(d) No portion of the Fund may be used to pay the operating expenses of the College.

(e) The Fund may be divided into 2 or more subaccounts: 1 subaccount for the amounts deposited in the Fund that constitute authorized amounts as set forth in paragraph (a)(1) of this section; and 1 subaccount for the nonappropriated funds in the Fund that constitute amounts as set forth in paragraph (a)(2) of this section. Each such subaccount may be divided further into additional subaccounts.

(f) The State Treasurer is authorized and directed to draw warrants or drafts on such Fund in the amount of the principal of and interest on the state bonds or other obligations incurred to acquire a like principal amount of the College’s promissory notes or bonds as the same shall become due and payable, and to deposit such money, so drawn, to the credit of the General Fund of the State.

(g) Warrants or drafts on the Fund drawn by the College must be applied only for the purposes authorized by this chapter.

(h) The principal and interest on promissory notes or bonds issued by the College under this chapter shall be payable solely from amounts on deposit in the Fund that constitute nonappropriated funds pursuant to paragraph (a)(2) of this section above and which are specifically pledged in each case by a certification from the Board, such certification to cover the sufficiency of such available nonappropriated funds to pay debt service on any such promissory notes or bonds issued hereunder.

(i) Any promissory notes or bonds issued by the College under this chapter shall bear interest at a rate equal to the rate payable on bonds of the State issued to provide the moneys deposited into the Fund pursuant to subsection (a) of this section plus an amount to cover administrative expenses of the State in connection with such financing in an amount not exceeding ¼ of 1% per annum.
14 Del. C. § 3437 — Delaware Code / Title 14 / Chapter 34 / Subchapter IV / Section 3437
§ Â
        3437. Public School Employee Support Program for High Needs Areas.
Status: repealed

(a) Establishment; statement of purpose. — (1) There is established a Public School Employee Support Program for High Needs Areas. The Program allows qualified applicants to apply for a stipend from the State.

(2) The purpose of the Program is to improve educational outcomes for struggling student populations by working to retain all of the following:

a. Educators who are of critical importance to those populations, including educators working in certification areas in which Delaware has a shortage and educators working in Delaware’s hardest-to-staff schools.

b. Speech-language pathologists, school counselors, school psychologists, and school social workers who provide professional support services that are of critical importance to students.

(3) The application required and policies adopted under this section must be available on the Office’s website.

(b) As used in this section:

(1) “Award” means a stipend payment made under the Program.

(2) “Educator” means as defined in § 1202 of this title. “Educator” includes teachers employed by the Delaware Division for the Visually Impaired who teach students with visual impairment.

(3) “English learners” means students with limited English proficiency and who meet the definition of English learner as that term is defined by the Department rules and regulations.

(4) “High needs area” means any of the following:

a. A certification area the Office has identified as being difficult to staff or of critical need.

b. A school 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 students with disabilities.

4. Percentage of minority students.

c. A school with 90% of its students classified as low-income, English learners, or minority.

d. Any facility operated by the Department of Services for Children, Youth and their Families in which education programs are provided.

(5) “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).

(6) “Minority students” 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.

(7) “Office” means the Delaware Higher Education Office.

(8) “Program” means the Public School Employee Support Program for High Needs Areas established in this section.

(9) “Public school employee” means all of the following:

a. An educator.

b. A speech-language pathologist.

c. A school counselor.

d. A school psychologist.

e. A school social worker.

(10) “Qualified educational loan” means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational expenses related to a public school employee’s undergraduate or graduate degree program.

(11) “School” means a Delaware public school, including a vocational-technical school and a charter school established under Chapter 5 of this title.

(12) “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.

(c) Funding. —

Appropriations for the Program are made to the Department through the Budget Appropriations Bill in a separate line item appropriation.

(d) Eligibility for Program. —

In order for an individual to be eligible for the Program, all of the following must apply:

(1) The individual is a full-time public school employee at a school in a high-needs area.

(2) [Repealed.]

(3) For an individual who is applying to the Program as an educator, meets all of the following requirements:

a. The individual has a valid, current license and certificate through the Delaware Department of Education.

b. The individual has not had an ineffective evaluation on the State’s current evaluation system, or the equivalent on a state-approved alternative educator evaluation system.

c. The individual instructs or provides educational support in an identified high needs area for at least 1 school year.

(4) For an individual who is applying to the Program as a speech-language pathologist, the individual must be employed full-time as a speech-language pathologist in a school for a minimum of 1 school year.

(5) For an individual who is applying to the Program as a school counselor, school psychologist, or school social worker, meets all of the following requirements:

a. The individual has obtained a license and certificate through the Delaware Department of Education.

b. The individual must be employed full-time as a school counselor, school psychologist, or school social worker in a school for at least 1 school year.

(e) Application. —

(1) The application to participate in the Program must require each applicant to certify that the applicant meets the eligibility requirements of subsection (d) of this section. The application is otherwise in the form prescribed by the Office.

(2) Annually, each applicant must submit a new, completed application and any additional information the Office may request in accordance with Program regulations.

(f) Decision and disbursement. —

(1) The ability to make awards each year is contingent upon the availability of funds.

(2) If possible, the Office shall make an award to every applicant who satisfies the requirements of this section.

(3) If there are insufficient funds to make an award to every applicant who satisfies the requirements of this section, the Office shall give priority to applicants who meet 1 or more of the following criteria:

a. Applicants employed in both a certification area and a school that the Office identifies as a “high needs area,” as defined in this section.

b. Applicants having the greatest financial need.

(4) The applicants having the greatest financial need is determined in the sole discretion of the Office. To determine financial need the Office shall request at least the applicant’s income and total amount of qualified educational loans. The Office shall determine, in its sole discretion, the weight given to the information.

a.-d. [Repealed.]

(5) The Office has sole discretion to prioritize applications and determine awards consistent with the requirements of paragraphs (f)(2) and (f)(3) of this section.

(6) The Office shall make an award through the State’s central payroll operation.

(7) An applicant may receive only 1 award per year and may receive no more than 5 awards in the applicant’s lifetime.

(g) Amount of award. —

An award must be at least $1,000.

(h) The Department of Education, through the Office, is authorized to adopt rules and regulations to implement this section, subject to the State Board of Education’s approval. The Office may adopt rules and regulations that refine or narrow eligibility requirements or high needs areas, but the Office may not expand the pool of public school employees who are eligible to receive an award beyond the limits set forth in this section.

(i) Penalties.—

If an applicant knowingly submits false information or commits fraud in connection with the application process, the Office may reevaluate the applicant’s eligibility for an award, and may withdraw an award. Any award made as the result of deliberate fraud may be recovered by the Department of Justice through an action at law.

(j) Annual reporting. —

(1) Each fiscal year, the Office shall report to the chairs of the House and Senate Education Committees of the General Assembly all of the following summary data, which must be de-identified to the greatest extent possible:

a. The aggregate number of public school employees who applied for an award.

b. The aggregate number of public school employees who received an award.

c. The races or ethnicities represented by public school employees who applied for an award.

d. The races or ethnicities represented by public school employees who received an award.

e. The certification areas of public school employees who applied for an award.

f. The certification areas of public school employees who received an award.

g. The average amount of an award to a public school employee.

h. The names of the schools that employed public school employees who applied for an award, and for each school, its percentage of low-income students, English learners, students with disabilities, and minority students.

i. The names of the schools that employed public school employees who received an award, and for each school, its percentage of low-income students, English learners, students with disabilities, and minority students.

j. Other summary data the Office identifies as outcome indicators.

(2) The summary data reported under paragraph (j)(1) of this section must be included with the annual report provided to the General Assembly under § 3402 of this title.

(k) If a provision of this section or the application of this section to a person or circumstance is held invalid, unenforceable, or unconstitutional, the remainder of the provisions, and the application of the provisions to any person or circumstance, are not affected.
14 Del. C. § 3303 — Delaware Code / Title 14 / Chapter 33 / Section 3303
§ Â
        3303. Eligibility for rehabilitation.
Status: in_force

To be eligible for rehabilitation a person must possess an employment disability and must be susceptible of rehabilitation.
14 Del. C. § 1110A — Delaware Code / Title 14 / Chapter 11A / Section 1110A
§ Â
        1110A. Annual reporting [Transferred].
Status: in_force

Transferred to § 3437(j) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 3301 — Delaware Code / Title 14 / Chapter 33 / Section 3301
§ Â
        3301. Definitions.
Status: in_force

As used in this chapter:

(1) “Person with a disability” means any person who by reason of a disability or impairment, whether congenital or acquired by accident, injury, disease or developmental circumstance, is or may be expected to be totally or partially incapacitated for remunerative occupation.

(2) “Vocational rehabilitation” means the rendering of a person with a disability fit to engage in remunerative occupation.
14 Del. C. § 3509 — Delaware Code / Title 14 / Chapter 35 / Section 3509
§ Â
        3509. Time spent in school as hours of legal employment.
Status: in_force

The time spent in a part-time school or class by a minor under the age of 16 years shall be counted as a part of the time or number of hours the minor is permitted by law to work.
14 Del. C. § 3423A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3423A
§ Â
        3423A. Delaware Advance Scholarship Program; establishment; administration; report.
Status: in_force

(a) This subchapter establishes the Delaware Advance Scholarship Program.

(b) An institution at which a student is enrolled or has sought admission shall administer this subchapter for the institution.

(c) An institution under subsection (b) of this section shall adopt rules and regulations as it deems necessary and proper for the administration of this subchapter.

(1) The institution may include in its rules and regulations an appeals process to grant exceptions to the eligibility requirements set forth in § 3424A of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to a documented medical or mental condition.

(2) a. If an institution adopts an appeals process under paragraph (c)(1) of this section, the institution may offer an admission deferral of up to 1 calendar year in duration to a student who seeks to defers admission due to a documented medical or mental condition.

b. An institution may grant a student who was offered an admission deferral under paragraph (c)(2)a. of this section an additional admission deferral of up to 1 calendar year in duration if the student seeks the additional deferral due to a documented medical or mental condition.

(d) An institution shall annually report to the Controller General the number of students enrolled in the Delaware Advance Scholarship Program and the total amount of expenditures made under this subchapter.
14 Del. C. § 3001A — Delaware Code / Title 14 / Chapter 30A / Section 3001A
§ Â
        3001A. Short title.
Status: in_force

This chapter may be referred to and cited as “The Delaware Child Care Act.”
14 Del. C. § 701 — Delaware Code / Title 14 / Chapter 7 / Section 701
§ Â
        701. Authority of teachers and administrators to control the disruptive behavior of students.
Status: in_force

(a) As used in this chapter:

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

(2) “Disruptive behavior” means conduct that is so unruly, disruptive, or abusive that it seriously interferes with a school teacher’s or school administrator’s ability to communicate with the students in a classroom, with a student’s ability to learn, or with the operation of a school or a school-sponsored activity.

(3) “Racial subgroup” means the racial and ethnic subgroups of students as defined under the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended, which includes African American or Black, American Indian or Alaska Native, Asian American, Native Hawaiian or other Pacific Islander, Hispanic or Latino, White or Caucasian, and Multi-Racial.

(4) “School” means a traditional public school, vocational technical school, or charter school.

(5) “Subgroup” means as subgroup is defined under the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended, which includes racial subgroups, economically disadvantaged students, children with disabilities, and English learners.

(b) While a student is entrusted in their care or supervision, public school teachers, and administrators have the same authority to control the behavior of the student and to discipline or punish the student as a parent, custodian, guardian, or other person similarly responsible for the care and supervision of the student except as provided in §§ 702 and 4112F of this title. The authority includes removing a student from a classroom or school-sponsored activity.

(c) When a teacher removes a student from a classroom or school-sponsored activity in an effort to control the student’s disruptive behavior, an on-site school administrator may, upon a written showing of good cause, override the teacher’s decision to remove the student from the classroom or school-sponsored activity. Before overriding a teacher’s decision, the administrator shall strongly presume that the teacher’s decision to remove the student was reasonable and necessary under the circumstances.

(d) When a student is removed from a classroom or school-sponsored activity or is disciplined or punished pursuant to this section, the principal or the principal’s designee shall afford the student appropriate due process as required by the federal and State constitutions.

(e) When a student is removed from a classroom or school-sponsored activity, the principal or the principal’s designee and the removing teacher shall determine if and when a student may be readmitted to the classroom or school-sponsored activity. If the teacher and principal or principal’s designee cannot agree, the superintendent or the superintendent’s designee shall make the determination.

(f) When a teacher or school administrator removes a student from a classroom or school-sponsored activity or disciplines or punishes a student, a rebuttable presumption exists that the teacher or administrator acted reasonably, in good faith, and in accordance with State or local board of education policy. The burden of overcoming the presumption shall be upon the student.

(g) Each local board of education shall establish, adopt, publish, and distribute to students in the district and their parents or guardians policy or standards that are consistent with the regulations developed under § 122(b)(26) of this title and include all of the following:

(1) Specify the general circumstances under which a student may be removed from a classroom or school-sponsored activity, consistent with a teacher’s and administrator’s ultimate authority to determine disruptive behavior and to remove a student from a classroom or school-sponsored activity.

(2) Provide an explanation or examples of “disruptive behavior” set forth in paragraph (a)(2) of this section.

(h) A district shall not establish or adopt a policy or standards that prohibit the removal of a student from a classroom or school-sponsored activity.

(i) No teacher who purports to have acted pursuant to the teacher’s rights established by this chapter shall be found liable for civil damages arising from that action unless that teacher’s conduct shocks the conscience.
14 Del. C. § 1076 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1076
§ Â
        1076. Voting machines; election supplies; cost.
Status: in_force

(a) School elections shall be conducted by the use of voting machines.

(b) The Department of Elections conducting the election shall cause to appear on the machines next to the appropriate selection device the following:

(1) For the election of school board members, the names of all filed candidates shall be listed alphabetically without political party designation.

(2) For consolidation, division or change of boundaries of reorganized school districts the voting machine shall briefly state the question and provide for voting for or against the proposal, with such words:

For the proposal

Against the proposal

(3) For elections conducted in accordance with Chapter 19, 20 or 21 of this title the appropriate selection language.

(c) The Department of Elections conducting the election shall supervise the setting for the machines to denote the choices indicated in subsection (b) of this section and shall in advance of the date of the election instruct the designated election officers in the proper use of the machines.

(d) The needed election supplies shall be provided by the Department of Elections conducting the election.

(e) The cost of necessary election supplies shall be paid by the Department of Elections conducting the election.

(f) Any reorganized school district shall use voting machines and the appropriate department of elections shall pay the transportation for the voting machines and other necessary charges for the use of such voting machines. While conducting an election or referendum for any public school district, the district may not charge rent or custodial fees associated with the use of its space. Sufficient heat, when needed to maintain a minimum 68 degree Fahrenheit temperature for such facilities, shall be provided for the conduct of an election or referendum. For the clarification of county department of elections’ costs relating to public school district elections, Smyrna School District and Milford School District elections will be conducted by the Kent County Department of Elections and Woodbridge School District elections will be conducted by the Sussex County Department of Elections.

(g) In case of an election for the consolidation, division or change of boundaries of a reorganized school district, all preparation for and cost of the election shall be borne by the department of elections that conducts said election or elections.
14 Del. C. § 411 — Delaware Code / Title 14 / Chapter 4 / Section 411
§ Â
        411. Pupils suspended, expelled, or truant in district of residence.
Status: in_force

If a child for whom an application has been submitted pursuant to this chapter has been suspended or expelled, or has been absent from school without a valid excuse for more than 15 school days during a school year, in the district of residence, the board of the receiving district may, in its sole discretion, refuse to consider the application or refuse to approve the application, or refuse to enroll the child in the receiving district until the child has been reinstated in the district of residence, provided, however that nothing in this section shall be construed to enlarge upon the authority of any district to accept for re-enrollment any student who has been expelled from a school district in this State, as such authority is limited by the provisions of § 4130 of this title. “Valid excuse” shall have the same meaning as in § 2721 of this title.
14 Del. C. § 1060 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1060
§ Â
        1060. False testimony is perjury.
Status: in_force

Whoever, being a witness in any matter pertaining to the public schools of the reorganized school district and having been duly sworn or affirmed by the school board to tell the truth, wilfully gives false testimony is guilty of false swearing and shall be punished as perjury is punished.
14 Del. C. § 1046 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1046
§ Â
        1046. Compensation of school board members.
Status: in_force

A school board member shall receive no compensation for that member’s services.
14 Del. C. § 1316 — Delaware Code / Title 14 / Chapter 13 / Section 1316
§ Â
        1316. Determination of number of employees and months of employment.
Status: in_force

The Department of Education shall determine the number and months of employment in a school year of the personnel employed in each district whose salaries may be paid out of state funds under any salary schedule contained in this chapter, except teachers whose salaries are paid for 10 months per year and except such numbers and months of employment of personnel otherwise specified by law.
14 Del. C. § 9002C — Delaware Code / Title 14 / Chapter 90C / Section 9002C
§ Â
        9002C. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Academic institution” means an institution of postsecondary education receiving state funds or a private institution of postsecondary education with campuses physically located in Delaware.

(2) “Applicant” means a prospective student applying for admission to an academic institution.

(3) “Conviction” means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty, or a plea of nolo contendere accepted by the court.
14 Del. C. § 3510 — Delaware Code / Title 14 / Chapter 35 / Section 3510
§ Â
        3510. Employment on farm, in home or domestic service.
Status: in_force

A minor employed on the farm, in the home or in domestic service shall be considered as a minor legally employed in some occupation or service.
14 Del. C. § 127 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 127
§ Â
        127. Driver education instruction in nonpublic high schools.
Status: in_force

The Department of Education shall, subject to the approval of the State Board of Education, make rules and regulations concerning instruction in driver education in nonpublic high schools. Such rules and regulations must include all of the following provisions:

(1) The qualification of teachers for driver education in nonpublic high schools must be the same as the qualification for teachers in the public high schools.

(2) The ratio of teachers to pupils for assignment of driver education teachers in nonpublic high schools must be based upon 1 teacher for each 125 tenth grade pupils enrolled in the nonpublic high school or 1/5 of a teacher assignment for each full 25 tenth grade pupils. Tenth grade pupils who are enrolled in the nonpublic high school but who are not residents of this State are excluded from this ratio.

(3) General supervision for the program of instruction in driver education in nonpublic high schools is under the jurisdiction of the Department of Education, but the Department may assign general supervision to a local public reorganized school district.

(4) Assignment of teachers to nonpublic high schools is by authority of the Department of Education and the Department may require from the nonpublic high schools a statement of certified enrollment on a date and in a form as the Department may require.

(5) Salary for teachers in nonpublic high schools, if paid from funds of this State, must be in accord with the regularly adopted salary schedules under Chapter 13 of this title. The salary must be divided by the appropriate factor specified in § 1305(b) of this title to account for supplements normally provided by local school districts. In addition to the calculation under this paragraph (5), teachers and administrators qualifying for professional development clusters in accordance with § 1305(k) of this title must receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in § 1305(b) of this title. This calculation may not be increased for 11- or 12-month employment. The percentage may be applied only to the base 10-month salary for 10-, 11-, and 12-month employees. In accordance with § 1305(o) of this title, the cluster percentage is capped at 15%.

(6) For the purposes of administration and supervision, the teachers of driver education in nonpublic high schools are assigned to the Department of Education.

(7) Funds for the payment of the salary due to teachers of driver education in nonpublic high schools must be appropriated to the Department of Education.

(8) A teacher of driver education may be assigned to several nonpublic high schools, or to both nonpublic and public high schools, in accord with the ratio for assignment under this section.

(9) Pupils must demonstrate knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21.
14 Del. C. § 3002A — Delaware Code / Title 14 / Chapter 30A / Section 3002A
§ Â
        3002A. Definitions.
Status: in_force

For the purpose of this chapter:

(1) a. “Child care” means an individual or entity that meets all of the following:

1. Has in custody or control 1 child or more under the age of 18 years, unattended by parent or guardian, for the purpose of providing care, education, protection, supervision, or guidance.

2. Is compensated for the individual’s or entity’s services.

3. Holds the individual’s or entity’s self out as conducting child care.

b. “Child care” includes all of the following:

1. Family child care homes.

2. Large family child care homes.

3. Child care centers, including programs for children below the grade of kindergarten that are operated by private schools.

4. Child placing agencies.

5. Residential child care facilities.

6. Day treatment programs.

7. Child care programs operating part-day or full-day.

c. “Child care” does not include any of the following:

1. Individual foster or adoptive homes in which children have been placed by a State-licensed child placing agency.

2. Military family child care providers.

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

(3) “Early education program” means a public program operated by an entity under state ownership and control, including local education agencies, for children below the grade of kindergarten.

(4) “Entity” means an estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(5) “Military family child care provider” means a family child care home or large family child care home that serves only dependent children eligible for Department of Defense subsidized care and is 1 or both of the following:

a. Located on a military base or federal property.

b. Certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard.

(6) “OCCL” means the Office of Child Care Licensing within the Department of Education.
14 Del. C. § 9001D — Delaware Code / Title 14 / Chapter 90D / Section 9001D
§ Â
        9001D. Board of Trustees meetings; livestreaming requirements [Transferred].
Status: in_force

Transferred to § 10008 of Title 29 by 84 Del. Laws, c. 233, § 29, effective Sept. 21, 2023.
14 Del. C. § 504B — Delaware Code / Title 14 / Chapter 5 / Section 504B
§ Â
        504B. Open meetings.
Status: in_force

(a) For purposes of this section:

(1) “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session.

(2) “School board” means the board of directors of a charter school.

(b) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment.

(c) A method for the public to remotely attend and provide public comment at school board meetings must be provided.