14 Del. C. § 6511 — Delaware Code / Title 14 / Chapter 65 / Section 6511
§ Â
        6511. Summer school for teachers and instructional aides [Operation suspended pending appropriations; see 85 Del. Laws, c. 62, Ââ301].
Status: in_force

The University shall maintain at the University, for a period of not less than 6 weeks during the summer of each year, a school for teachers and instructional aides in which shall be given courses in pedagogy and such other subjects as will give increased efficiency to those who are now teaching or providing instructional assistance or wish to prepare to teach in the free public schools in this State. The courses given in the school shall be arranged by the University. All persons who are now teaching, or providing instructional assistance or who will give satisfactory assurance to the Department of Education that they intend to teach in the free public schools of this State shall be admitted into the school, so long as class space is available and provided their applications are approved by the Department. Tuition shall be free to all Delaware teachers and instructional aides who meet University requirements.
14 Del. C. § 8242 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8242
§ Â
        8242. Purpose.
Status: in_force

(a) The purpose of this Compact is to facilitate the interstate practice of school psychology in educational or school settings, and in so doing to improve the availability of school psychological services to the public. This Compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological services in any member state. In this way, this Compact shall enable the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings.

(b) To facilitate the objectives described above, this Compact does all of the following:

(1) Enables school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements.

(2) Promotes the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state.

(3) Enhances the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states.

(4) Preserves and respects the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state.

(5) Requires school psychologists practicing within a member state to comply with the scope of practice laws present in the state where the school psychological services are being provided.

(6) Promotes cooperation between the member states in regulating the practice of school psychology within those states.

(7) Facilitates the relocation of military members and their spouses who are licensed to provide school psychological services.
14 Del. C. § 202 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 202
§ Â
        202. Free schools; ages; attendance within school district; nonresidents of Delaware.
Status: repealed

(a) The public schools of this State shall be free to persons who are residents of this State and who are age 5 years through 20 years inclusive when they are attending kindergarten through grade 12.

(b) The public schools of any school district which maintains schools established under § 203 or § 204 [repealed] of this title for persons below the age of 5 years shall be free to persons who are residents of such school district and who have attained the specified age below the age of 5 years for which such schools are established.

(c) Persons attending the public schools of this State shall attend the public schools in the school district within which they reside, except as provided in Chapters 4, 5 and 6 of this title and in Chapter 92, Volume 23, Laws of Delaware, as amended by Chapter 172, Volume 55, Laws of Delaware. Notwithstanding the foregoing, homeless children and unaccompanied youth, as defined by 42 U.S.C. § 11434a, shall attend school in accordance with the McKinney-Vento Homeless Education Assistance Improvement Act [42 U.S.C. §§ 11431 to 11435]; provided any person determined to be ineligible under the act may be denied enrollment. Children in the custody of the Department of Services for Children, Youth and Their Families under Chapter 25 of Title 13 must attend school in accordance with § 202A of this title.

(d) Persons who are nonresidents of this State may attend the public schools of this State under such terms and conditions as may be otherwise provided by law.

(e) (1) For purposes of this section, a student shall be considered a resident of the school district in which that student’s parents or legal guardian resides. If the child’s parents do not reside together and a court of appropriate jurisdiction has entered a custody order, the child’s residency for school attendance purposes shall be determined as follows unless otherwise agreed in a writing signed by both parents:

a. In cases in which 1 parent is awarded sole custody, the child shall be considered a resident of the district in which the sole custodian resides.

b. In cases in which the parents are granted joint custody, the child shall be considered a resident of the district in which the primary residential parent resides.

c. In cases in which the parents are granted shared custody, the child may be considered a resident of either parent’s district.

Under no circumstances shall a child be enrolled in 2 different schools at the same time.

(2) If a child seeks to be considered a resident of a particular school district based on the residence of anyone other than that child’s parent or parents or legal guardian, the student must have:

a. A signed order from a court of appropriate jurisdiction granting custody to or appointing as the child’s guardian the resident with whom that child is residing; or

b. Suitable documentation certifying that the child resides within the district by action of the State or approval by the school district to be considered the student’s residence; or

c. A completed and notarized Establishment of Delegation of Power to Relative Caregivers to Consent for Registering Minors for School (also known as “Caregivers School Authorization”) pursuant to subsection (f) of this section confirming a caregiver’s ability to provide consent in those cases where the student is being cared for by an adult relative caregiver without legal custody or guardianship.

(3) Children under the care or custody of the Department of Services for Children, Youth and Their Families are exempted from the provisions of this subsection. Children in the care and custody of the Department of Services for Children, Youth and Their Families who are in foster care under Chapter 25 of Title 13 must attend school in accordance with § 202A of this title.

(f) (1) A child may be enrolled in a particular school district based upon the submission of a Caregivers School Authorization if the following conditions are satisfied:

a. The child resides with a relative caregiver who is 18 years of age or older, is a Delaware resident, and resides in the district in which the child seeks enrollment;

b. The child resides with the relative caregiver as a result of:

1. The death, serious illness, incarceration or military assignment of a parent or legal guardian;

2. The failure or inability of the parent or legal guardian to provide substantial financial support or parental care or guidance;

3. Alleged abuse or neglect by the parent, legal guardian or others in the parent or legal guardian’s residence;

4. The physical or mental condition of the parent or legal guardian which prevents necessary care and supervision of the child;

5. The loss or uninhabitability of the student’s home as the result of a natural disaster; or

6. Other circumstances as deemed appropriate by the school district;

c. The child is not currently subject to an expulsion from school (as set forth in § 4130 of this title) or suspended from school for conduct that could lead to expulsion;

d. The child’s residency with the caregiver is not for the purpose of:

1. Attending a particular school (although a caregiver’s school district may be considered when deciding placement of the child as between 2 or more relative caregivers);

2. Circumventing the Enrollment Choice Program (Chapter 4 of this title);

3. Participating in athletics at a particular school;

4. Taking advantage of special services or programs offered at a particular school; or

5. Other similar purposes; and

e. The caregiver submits to the school district in which the child seeks enrollment a completed and notarized Caregivers School Authorization using the most recent form developed for this purpose by the Department of Health and Social Services. The Caregivers School Authorization must include the following:

1. The name and date of birth of the child;

2. The name, address and date of birth of the caregiver;

3. The names of the child’s mother, father, legal custodian or guardian;

4. Relationship of the caregiver to the child, documented by proof of relationship as defined by regulation;

5. A statement that the caregiver has full-time care of the student, documented as required by regulation;

6. A statement indicating which of the circumstances described in paragraph (f)(1)b. of this section applies;

7. A statement that the caregiver will be the person responsible for enrolling the student in school, being the legal contact for the school, and making school-based medical and special education decisions;

8. The notarized and dated signatures of the caregiver, parents, legal custodians or guardians, including a sworn statement of the accuracy of the information provided and confirming that the caregiver and other signatories are aware of the penalties for falsely completing the Authorization. If after a reasonable effort the caregiver is unable to locate the parents, then as an alternative to including the parents’ signatures, the Authorization shall include a statement of reasonable efforts made to locate the parents;

9. If available, any custody order in effect regarding the child. The order shall be submitted as an attachment to the Caregivers School Authorization and shall include only that portion of the order indicating to whom custody is granted.

If the documentation required to verify the information in the Caregivers School Authorization cannot be obtained by the caregiver, then the schools shall permit the child to enroll provided that a custody or guardianship petition that is date stamped to indicate that it has been filed with Family Court is provided within 10 business days of enrollment. Additional time for submission of the date stamped petition may be provided as deemed appropriate by the individual district. The petition shall permit enrollment until the end of the school year or until such time as the court enters a decision disposing of the custody or guardianship petition, whichever first occurs;

(2) A relative caregiver is an adult who by blood, marriage or adoption is the child’s great grandparent, grandparent, stepgrandparent, great aunt, aunt, stepaunt, great uncle, uncle, stepuncle, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the student.

(3) A caregiver who completes and submits a Caregivers School Authorization form to register a child in that caregiver’s care for school is authorized and agrees to act in the place of the parent or parents with respect to the child’s education decisions (including but not limited to special education decisions) and the person the school contacts regarding truancy, discipline and school-based medical care. Once a Caregivers School Authorization is submitted and approved, school districts are no longer responsible, for so long as the Authorization is valid, for communicating with the parent, custodian or guardian who has signed the Authorization or is listed as unable to be found.

(4) A Caregivers School Authorization that complies with the requirements of this section shall be honored by any school in any school district. The school districts shall determine whether a particular Caregivers School Authorization complies with the requirements of this section. A caregiver may appeal the school district’s decision to the local board of education of the school district. Any school district that reasonably and in good faith relies on a Caregivers School Authorization has no obligation to make any further inquiry or investigation.

(5) Persons who knowingly make false statements in the Caregivers School Authorization shall be subject to a minimum civil penalty of $1000 and maximum of the average annual per student expenditure and may be required to reimburse the school district tuition costs. Further, such persons may be subject to criminal prosecution pursuant to § 1233 of Title 11. The justices of the peace shall have jurisdiction in these cases.

(6) Caregivers School Authorizations filed prior to January 1 shall be honored for the balance of the current school year and for the subsequent school year. Caregivers School Authorizations filed on or after January 1 shall be honored for the balance of the current school year and for the 2 subsequent school years. In either case, the Authorization shall expire on August 1 of the applicable school year unless the caregiver receives permission from the school district to extend the length of time that the Authorization will be honored. Caregivers School Authorizations may be cancelled at any time if the minor stops living with the relative caregiver or upon written revocation of the Authorization by the child’s caregiver, parent, legal custodian or guardian.

(7) The Department of Health and Social Services shall be authorized to promulgate regulations to implement this law. This law shall take effect upon the promulgation of such regulations. Relationship and proof of actual full-time caregiving will be verified as stated in the regulations.

(g) For the purposes of this section, a military-connected student who is the dependent of either a person in the active military service of the United States, or in a full-time status during active service with a force of the Delaware National Guard, whose parent or guardian is being relocated to the State under military orders and is transferred to or is pending transfer to a military installation within the State, shall be deemed to be a resident for the purposes of enrollment by the receiving local school district or charter school. The local school district or charter school shall permit military-connected students to enroll preliminarily by remote registration without charge and shall not require the parent or guardian of the military-connected student or the student to physically appear at a location within the district to register the student, if the parent or guardian presents evidence of military orders that a parent or guardian will be stationed in this State during the current or following school year. The parent or guardian may use an address within the district of residence where the military-connected student is to be enrolled, the address of a temporary on-base billeting facility, a purchased or leased home or apartment, or federal government or public-private venture off-base military housing. Proof of required residency shall not be required at the time of the remote registration but shall be required within 10 days of the student’s attendance, unless the attendance occurs within the unit count window, where proof of residency should be provided prior to the close of unit count.
14 Del. C. § 3110 — Delaware Code / Title 14 / Chapter 31 / Subchapter II / Section 3110
§ Â
        3110. Rules and regulations.
Status: in_force

(a) The Department of Education is designated as the state agency that, with the approval of the State Board, shall make rules and regulations to carry out this and other titles relative to the identification, evaluation, education, training and transportation of exceptional children including specific definitions for the categories of units for exceptional children authorized for funding in § 1703 of this title.

(b) The rules promulgated by the Department of Education with the approval of the State Board of Education shall provide the criteria by which identified children with disabilities, as defined in § 3101 of this title, shall be assigned to a public school facility, or, if otherwise eligible for admission, to an institution of another state agency, or released for authorized placement in a private school or agency, pursuant to subchapter III of this chapter.

(c) The Department of Education, with the approval of the State Board of Education, shall establish and maintain procedures, by regulation, to assure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free, appropriate, public education.

(d) The Department of Education shall promulgate regulations that provide that when a due process hearing is requested by a parent or guardian of a child with disabilities a notice of such request shall be provided to members of the school board for the appropriate school district at the next scheduled school board meeting. Additionally, the regulations shall provide that upon notification of a due process hearing request, a school board president must sign a statement stating that the members of the board of education are aware of said due process hearing. The statement shall be sent by certified mail to the parents or guardian.

Furthermore, the regulations will provide that upon conclusion of a due process hearing a copy of the decision shall be sent to members of the school board for the appropriate district and a signed certified letter shall be sent to the parents notifying them that the members of the school board are aware of the decision. The regulations shall also provide that if the parents or guardian of the child appeal the decision of a due process hearing then the members of the school board for the appropriate school district shall be notified of the appeal at the next regularly scheduled board of education meeting. A certified letter, signed by the president of the board receiving the appeal, shall be sent to the parents notifying the parents that members of the school board are aware of the appeal. Lastly, the regulations shall provide that before a school district can appeal the decision of a due process hearing, a majority of the members of the school board for such district must by affirmative vote decide to appeal.

(e) With respect to any child with a disability who is not beginning to read by age 7, each IEP prepared for such student until that student is beginning to read shall:

(1) Enumerate the specific, evidence-based interventions that are being provided to that student to address the student’s inability to read; and

(2) Provide for evidence-based interventions through extended year services during the summer absent a specific explanation in the IEP as to why such services are inappropriate.
14 Del. C. § 2801 — Delaware Code / Title 14 / Chapter 28 / Section 2801
§ Â
        2801. Purpose.
Status: in_force

It is the intent and purpose of this chapter to encourage the fuller utilization of the educational plants and staff in the school districts of the State.
14 Del. C. § 3202 — Delaware Code / Title 14 / Chapter 32 / Section 3202
§ Â
        3202. Administration.
Status: in_force

This chapter shall be administered by the Department of Education.
14 Del. C. § 3451 — Delaware Code / Title 14 / Chapter 34 / Subchapter VI / Section 3451
§ Â
        3451. Statement of purpose.
Status: in_force

It is the purpose of this subchapter to provide educational benefits for the children of deceased veterans of the military services of the United States, military service personnel held prisoner of war, military service personnel officially declared to be missing in action, employees of the Department of Transportation as defined in § 3452(a)(1)e. of this title, and state police officers killed in the line of duty.
14 Del. C. § 8501 — Delaware Code / Title 14 / Chapter 85 / Section 8501
§ Â
        8501. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Agent” means a person employed by a school as defined herein, whether such school is located within or outside Delaware, to act as an agent, solicitor, broker, or independent contractor to directly procure students or enrollees for such school by solicitation in any form made at any place in this State other than the office or place of business of the school.

(2) “Private business school,” “private trade school,” “trade school” or “school” means an educational institution privately owned and operated for profit or nonprofit by an owner, partnership or corporation, offering business or trade and industrial courses for which tuition may or may not be charged, and which may include those courses usually associated with business training schools, trade schools, specialized skill training schools or institutes, and other related subjects of a similar character or subjects of general education when they contribute values to the objectives of the course of study. Classes or courses may be identified by reference to Vocational Education and Occupations published by the United States Office of Education, or The Dictionary of Occupational Titles published by the United States Department of Labor; or lists prepared and promulgated from time to time by the Delaware State Department of Education, and in every case by evaluation of the information presented in the application required by § 8504, § 8507 and other applicable sections of this title. Classes in any of the subjects herein referred to which are taught or coached in homes or elsewhere are included in the term “school.”

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

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

(5) “Secretary” means the Secretary of Education.
14 Del. C. § 515 — Delaware Code / Title 14 / Chapter 5 / Section 515
§ Â
        515. Oversight and revocation process.
Status: in_force

(a) The approving authority shall be responsible for oversight of the charter schools it approves.

(b) In addition to the review required by § 514A(a) of this title, the approving authority may notify a charter school of potential violations of its charter and submit the charter to formal review to determine whether the charter school is violating the terms of its charter and whether to order remedial measures pursuant to subsection (f) of this section.

(c) The approving authority shall issue its decision within 60 working days of giving the charter school notice. An accountability committee appointed by the approving authority shall conduct the initial review pursuant to subsection (b) of this section. The accountability committee’s reports to the approving authority shall address the relevant criteria set forth in §§ 512 and 516 of this title. The committee shall meet with the applicant in the course of its investigation and provide the applicant the opportunity to review and comment on the committee’s initial report 15 days before it is issued to the approving authority. The committee’s final report shall be provided to the applicant, the approving authority, and made available to the public.

(d) If the accountability committee’s report presents probable grounds for remedial measures, the approving authority shall hold public hearings to assist in its decision whether the criteria set forth for remedial action in § 516 of this title have been satisfied, after giving the charter school 15 days’ notice. The school shall be given the opportunity to respond to the accountability committee’s final report at the hearing. Members of the public shall be given the opportunity to comment at the hearing.

(e) If the accountability committee’s report asserts that the school has complied with its charter and the criteria set forth in § 512 of this title, the approving authority shall approve or disapprove the final report’s conclusion at a public meeting after giving the charter school 15 days’ notice. If the approving authority disapproves the report, it shall identify the reasons for that decision with particularity. Thereafter, the approving authority shall hold a hearing, within 30 days, to assist in its decision of the appropriate remedy pursuant to subsection (f) of this section.

(f) If the approving authority determines that the criteria for remedial action set forth in § 516 of this title have been satisfied, it may revoke the charter and manage the school directly until alternative arrangements can be made for students at the school or place the school on a probationary status subject to terms determined by the approving authority which are directly relevant to the violation or violations.

(g) If a local school district which is an approving authority decides to revoke the school’s charter or place the school on probationary status, the applicant may file for arbitration in writing with the American Arbitration Association in Philadelphia within 20 days of the local board’s decision stating the reasons why it believes the local board decision was in error. A copy of said filing shall be provided simultaneously with the approving authority. The parties shall select an arbitrator in accordance with the American Arbitration Association’s procedure for voluntary labor disputes, provided, however, that such arbitration shall occur in this State. The arbitrator’s fees and costs shall be borne equally by the parties. The arbitrator shall convene a hearing and determine whether the local board’s decision was in error. The arbitrator shall have 30 days to render a decision following the close of the hearing. The arbitrator’s decision shall be final and binding upon the parties.

(h) If the approving authority is the Department and it decides to revoke the school’s charter or place the school on probationary status, its decision shall be final and not subject to arbitration or judicial review.

(i) Prior to any charter school closure decision, an approving authority shall have developed and shall utilize a charter school closure protocol to ensure timely notification to parents and employees, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of 79 Del. Laws, c. 51 and other applicable laws. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the approving authority. In the event of a charter school closure for any reason, the approving authority shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students, parents and employees, as guided by the closure protocol.

(j) In the event of a charter school closure for any reason, all cash and cash equivalents held by or available to the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to the remaining creditors of the school. Remaining State General Fund appropriations for that school year shall be returned to each district in an amount proportionate to the number of students received by each district. Additional remaining State General Fund appropriations shall be returned to the general revenue fund through the State Treasury. Remaining funds received from local school districts shall be returned to each of the districts in an amount proportionate to the number of students from each district. Any remaining funds and assets will be managed by the charter, as appropriate. In the event that a charter school files for bankruptcy, the distribution of all assets will be managed by the Bankruptcy Court or otherwise in accordance with bankruptcy laws. Nothing herein shall be construed in any way to impair or preempt a lien or security interest on any asset owned by a charter school or to prevent the school from paying the costs required to close or dissolve.

(k) In the event that all state and local funds due to a charter school are paid timely as required by § 509 of this title, a charter school authorized to operate in the State must by December 31 of that fiscal year maintain an available balance sufficient to pay the minimum costs necessary to provide students with the minimum annual instructional hours required by the Department of Education during the remainder of that fiscal year as reasonably projected by the charter school. Such costs include, but are not limited to, all employee compensation required to attain the minimum annual instructional hours during the remainder of that fiscal year. Such costs also include all fixed and variable nonpayroll expenditures incurred through the final month of that school year. A school’s failure to maintain sufficient available funds by December 31 of its third year of operation shall be deemed a material violation of its charter.
14 Del. C. § 223 — Delaware Code / Title 14 / Chapter 2 / Subchapter II / Section 223
§ Â
        223. Neighborhood School Plans.
Status: in_force

(a) In the context of the plan submitted, or lack thereof, pursuant to § 222(f) of this title and any action taken by the General Assembly and the Governor to implement the Wilmington plan, the school boards of Brandywine School District, Colonial School District, Christina School District and Red Clay Consolidated School District shall develop a Neighborhood School Plan for their districts that assigns every student within the district to the grade-appropriate school closest to the student’s residence, without regard to any consideration other than geographic distance and the natural boundaries of neighborhoods. Notwithstanding the above, the Plan may assign students to schools based on factors other than geographic distance and natural neighborhood boundaries if a substantial hardship to a school or school district, student or a student’s family exists; provided, that no student shall be assigned to any school on the basis of race and school assignments shall be made without regard to the racial composition of the schools. Districts may consider as part of their neighborhood school plans, interdistrict school assignments for individual schools, with the concurrence of other districts, to the extent such assignments further the purposes of this subchapter.

(b) Neighborhood School Plans shall consist of the following grade configurations:

(1) A lower-level school, or elementary school, consisting of either grades K-5 or grades K-6;

(2) A middle-level school, or junior high school, consisting of either grade 6 or 7 to grade 8 or 9; or

(3) An upper-level school, or high school, consisting of either grades 9-12 or grades 10-12.

If a district has only 2 school configurations, the plan may contain any combination of grade levels. To the extent a district concludes that an alternative configuration would better accomplish the goals of this subchapter, the district may present an alternative neighborhood school plan in addition to the plan based on the above configurations.

(c) Each district shall hold at least 5 public hearings concerning their proposed plan prior to submission to the State Board of Education.

(d) The school board of each district shall submit its plan to the State Board of Education by November 15, 2001, for its review and approval. If approved, the State Board of Education shall notify the Director of the Office of Management and Budget and Controller General who shall, subject to an annual appropriation, release to the district a 1-time payment of $1.25 million from the General Fund for transition costs incurred by the district in implementing the plan. If the State Board of Education does not approve the plan, it shall notify the district in writing, identify the reasons why the plan was not approved, and require the district to resubmit the plan within 60 days of the notice of denial. If the district fails to resubmit the plan in accordance with this subchapter within 60 days, the State Board of Education shall refer the matter to the Attorney General’s Office to bring an action in a court of competent jurisdiction to compel compliance with this subsection.

(e) Each district shall implement its Neighborhood School Plan within 18 months of receiving payment of 1-time transition costs pursuant to subsection (c) of this section.

(f) A citizen with standing may bring a private cause of action in a court of competent jurisdiction to enforce the requirements of this section.

(g) Nothing in this section is intended to deny or interfere with a student attending a special education program, an alternative school or a charter school, or electing to attend a school through the enrollment choice program.

(h) Notwithstanding any requirement of this subchapter, no district shall be required to submit or implement any Neighborhood School Plan, for grades 6-12 if the district shall, for the 2002-2003 school year, enroll 40% or more of its students through the School District Enrollment Choice Program (“Choice Program”) established in Chapter 4 of this title. For any district not meeting this test in the 2002-2003 school year, that district may qualify for this exemption by demonstrating that it has enrolled 40% of its students through the Choice Program in the immediately preceding school year.
14 Del. C. § 4202 — Delaware Code / Title 14 / Chapter 42 / Section 4202
§ Â
        4202. Delaware Center for Educational Technology.
Status: in_force

There is hereby established the Delaware Center for Educational Technology (Center). The Center shall be a public education agency, created for the purpose of coordinating the use of technology by Delaware’s several school districts, the Department of Education and any other organization, public body or other entity specifically designated by the General Assembly for the purpose of carrying out the public education of citizens of Delaware.
14 Del. C. § 1106 — Delaware Code / Title 14 / Chapter 11 / Section 1106
§ Â
        1106. Teacher Scholarship Loan Program.
Status: in_force

The Department of Education with State Board approval may provide a Teacher Scholarship Loan Program. This Program shall be designed to help a teacher obtain certification in Delaware in a critical curriculum area by attending an institution of higher education on a full-time basis. The Department of Education with State Board approval shall establish rules and regulations for the conduct of this Program that shall include at least the following:

(1) Candidates selected must have taught in a Delaware public elementary or secondary school for at least 1 year prior to the year in which the scholarship is to be used.

(2) A teacher participating in this Loan Program shall execute a promissory note, in the amount of the loan, to the State Treasurer. This note shall be forgiven at a rate of 1/3 of the loan for each of 3 years of teaching in a Delaware public school after completion of the study authorized. In any year that the teacher fails to meet the teaching obligation, the loan shall be due and payable for the unpaid balance.

(3) Such loan shall be interest free to persons who meet the teaching obligation.

(4) Necessary repayment procedures and interest requirements for persons who do not teach, or do not complete their teacher obligation as provided in paragraph (2) of this section, shall be established by the Department of Education with State Board approval.

(5) A teacher to whom a loan is granted shall also be paid during the year of study 1 year’s salary and benefits based upon the prescribed state salary schedule for 185 teaching days as found in Chapter 13 of this title. A teacher to whom such a loan is granted may be granted a leave of absence by a school district upon agreement that the teacher will return to that district for assignment upon completion of the year of study. In the case of such leave of absence, nothing herein contained shall prevent the school district from providing local salary supplement and other district benefits.

(6) The amount of the loan will be determined by the Department of Education with State Board approval and may be applied to the cost of tuition, books and supplies for instruction at the institution in which the teacher is to be enrolled.
14 Del. C. § 3491 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3491
§ Â
        3491. Account withdrawals; penalties.
Status: in_force

(a) Withdrawal from an account may be made on 30 days’ written notice to the Board or on such shorter notice as the Board may by regulation provide. A withdrawal shall be designated as a qualified withdrawal or a nonqualified withdrawal and the application shall provide such information and be made on such forms as the Board shall find are necessary to enable the Board to determine the nature of the withdrawal.

(b) An account withdrawal paid to or for the benefit of any person during any calendar year shall be reported to the person and the Internal Revenue Service. The report shall be made at the time and contain such information as required by law.

(c) The Board shall establish a more than de minimis penalty, at the minimum amount necessary to satisfy the requirements of § 529 of Title 26 of the United States Code [26 U.S.C. § 529] or successor section for a nonqualified withdrawal on the portion of the withdrawal that constitutes income under § 529 of Title 26 of the United States Code [26 U.S.C. § 529] or successor section.

(d) Penalties collected under this section may be used to defray the costs of the Plan.
14 Del. C. § 8703A — Delaware Code / Title 14 / Chapter 87A / Section 8703A
§ Â
        8703A. Advisory Council â Composition; appointment; terms; quorum; compensation; removal; staffing.
Status: in_force

(a) Composition and appointment. —

The Advisory Council consists of 13 members. Membership is comprised as follows:

(1) One veterinary practitioner who is a former recipient of educational assistance through the Delaware Institute of Veterinary Medicine Education, the Advisory Council, the Southern Regional Education Board Regional Contract Program for Veterinary Medicine, or a similar entity or program, appointed by the Governor.

(2) One member of the faculty of the University of Delaware, appointed by the University of Delaware Dean of the College of Agricultural Sciences.

(3) One faculty member of Delaware State University, appointed by the Delaware State University Head of the Department of Agriculture and Natural Resources.

(4) One member of the Delaware Veterinary Medical Association, appointed by the Governor. The Governor may consider potential nominees from a list that the Delaware Veterinary Medical Association provides.

(5) The Secretary of the Department of Agriculture, or the Secretary’s designee.

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

(7) The State Veterinarian, or the Veterinarian’s designee.

(8) The President of the Delaware Farm Bureau, or the President’s designee.

(9) The Director of the Office of Animal Welfare, or the Director’s designee.

(10) The President of the Delaware Technical Community College, or the President’s designee.

(11) Two members representing different animal shelters in this State, appointed by the Governor.

(12) One representative of the State Board of Veterinary Medicine, appointed by the Governor. The Governor may consider potential nominees from a list that the State Board of Veterinary Medicine provides.

(b) Designees. —

A member who may select a designee must select the designee from the organization that the member represents to serve in their stead and at their pleasure. A member must provide the designation to the chair in writing. A designee has the same duties and rights as the member the designee represents.

(c) Terms and vacancies. —

A member, other than a member who serves by virtue of position, is appointed for a period of 3 years and may serve additional terms until replaced. Each term expires on the date specified in the appointment, but a member remains eligible to participate in Advisory Council proceedings until the appropriate appointing authority replaces that member.

(d) Quorum. —

A majority of the members must be present at an Advisory Council meeting in order to have quorum and conduct official business. A majority of the members present at a meeting at which quorum is present is sufficient to approve an action of the Advisory Council. A vacancy on the Advisory Council is not counted for quorum.

(e) Conduct of business. —

The Advisory Council may adopt rules necessary for its operation. If the Advisory Council does not adopt rules or the adopted rules do not govern a given situation, Robert’s Rules of Order governs.

(f) Chair. —

The Advisory Council shall annually elect 1 chair and 1 vice-chair from among its members.

(g) Compensation. —

A member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.

(h) Removal. —

A member may be removed by the member’s appointing authority for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office.

(1) A member is deemed in neglect of duty if the member is absent from 3 consecutive Advisory Council meetings without good cause or fails to attend at least 50% of all regular Advisory Council meetings in a calendar year.

(2) A member who is deemed in neglect of duty is considered to have resigned, and the member’s appointing authority may consider the member to have resigned and may accept the member’s resignation.

(i) Staffing. —

The Department of Agriculture, through the Secretary, shall provide reasonable staff support to assist the Advisory Council in performing its duties.
14 Del. C. § 511 — Delaware Code / Title 14 / Chapter 5 / Section 511
§ Â
        511. Approval procedure [For application of this section to the City of Wilmington, see 80 Del. Laws, c. 17, Ââ2].
Status: in_force

(a) An approved charter school application, together with such conditions imposed pursuant to subsection (l) of this section, shall be the basis for a charter granted to the charter school by the approving authority pursuant to this chapter and shall be governed by the terms of this chapter. Upon approval of a charter school application, the Department of Education shall present applicants seeking a charter from the state with a charter contract (“Charter Contract”) that clearly defines the respective roles, powers, and responsibilities of the school and the approving authority and incorporates the provisions of the performance agreement entered into between the charter school and its approving authority pursuant to 14 DE Admin. Code 275. Other approving authorities may choose to present applications they approve with such a Charter Contract. Where a Charter Contract is utilized, both the school and the approving authority shall execute the Charter Contract. Notwithstanding anything in this chapter to the contrary, the initial term of a newly approved charter shall expire at the end of the fifth fiscal year following the fiscal year in which the charter was initially approved, and any subsequent charter renewal term shall expire at the end of each successive fifth fiscal year thereafter unless extended pursuant to § 514A(b) of this title. If an approved charter is modified to delay the initial opening of the school, then the expiration date of the initial term of the charter shall be adjusted accordingly, to ensure that the charter has 4 years of instructional operation prior to its charter expiration.

(b) (1) Charters shall be modified by the same procedure and based on the same criteria as they are approved. When the approving authority is the Department of Education, minor modifications to a charter that are requested by the charter school only may be approved by the Secretary, subject to rules and regulations established by the Department with the approval of the State Board. Modifications associated with the provision of student transportation services as a result of changes to the Annual Appropriations Act to § 508 of this title shall be considered a minor modification.

(2) A request for modification to increase a charter school’s total authorized enrollment by more than 15% shall be considered a major modification, regardless of whether the additional students will attend school at the current location or at a separate location.

(3) In addition to meeting the approval criteria established in § 512 of this title, an authorizer considering an application for a new charter school or for a modification as described in paragraph (b)(2) of this section in which the increased enrollment will occur less than 18 months from the date of application (an “expansion”), shall also consider the potential positive and negative impact of the proposed new school or expansion on the schools and the community from which the charter school’s new students will likely be drawn. In reviewing the impact, the authorizer shall consider all information furnished to it during the application process and may exercise its reasonable discretion in determining whether the proposed new school or expansion is contrary to the best interests of the community to be served, including both those students likely to attend the charter school and those students likely to attend traditional public schools in the community.

(4) Information regarding impact, as defined by regulations established by the Department with the approval of the State Board no later than October 31, 2014, shall be considered in conjunction with the factors in § 512 of this title but shall not alone provide the basis for disapproval of an application for a new charter application or an expansion. The information regarding impact may, however, be among the bases for disapproval of an application or expansion if at least 1 criteria in § 512 of this title is also deemed not satisfied by the authorizer. The information regarding impact may, by itself or in combination with other factors, form the basis for conditions being placed on the approval. Those conditions may include but shall not be limited to restrictions or prohibitions on geographic location, programmatic offerings, academic focus or emphasis, and grade levels served. In no event shall the placement of conditions on approval, based solely or in part on considerations of impact, be considered disapproval of an application.

(c) Charter school applications shall be submitted to a local school board or the Department for approval as an approving authority. Whenever a charter school seeks a charter from the Department as approving authority, such approval shall require the assent of both the Secretary and the State Board, as shall any action pursuant to §§ 515 and 516 of this title. The approving authority shall be responsible for approval of the charter school pursuant to this section and for continuing oversight of each charter school it approves. In addition, for a charter school applicant seeking to locate in the City of Wilmington, prior to the approving authority authorizing the school to open, the Mayor and the City Council of the City of Wilmington may review and provide comment regarding the likely impact of the proposed charter school on students in the City of Wilmington as outlined in this chapter and further defined in regulations.

(d) The Department shall make an initial review of all new charter school and charter school modification applications it receives in order to assess the completeness and quality of each such application based on the application submission criteria established in this title. Upon a finding that an application does not warrant a full review, the Department shall notify the applicant in writing of the deficiency or deficiencies and the application shall receive no further consideration. Each district that is asked by an applicant to serve as an approving authority may, in its discretion, undertake such an initial sufficiency review and make such an initial sufficiency determination.

(e) Applicants seeking a charter from the Department that have submitted an application deemed by the Department sufficient to receive a full review shall be offered an opportunity for an interview in support of the application. Such interviews will allow the Department to assess applicant capacity, allow it to clarify information provided in the application, and gather additional information. The information gained in the interview process may be among the factors considered by the approving authority in approving or denying an application.

(f) Potential charter school applicants may engage in discussions with a potential approving authority before submitting an application for approval to establish a charter school.

(g) (1) Except as noted in paragraph (g)(2) of this section, new charter school applications shall be submitted to an approving authority between November 1 and December 31 for schools to be established and prepared to admit students on or after the second August 1 thereafter.

(2) Applications by a highly successful charter school operator as described in subsection (p) of this section shall be submitted to an approving authority between November 1 and December 31 for schools to be established and prepared to admit students on or after the August 1 thereafter. The application submission dates in this subsection may be amended by agreement of the authorizer and the applicant if necessary to allow the applicant to serve students who would otherwise be displaced due to the closure of an existing charter school.

(3) Applications to renew a charter shall be submitted to the approving authority on or before September 30 of the year immediately preceding the calendar year in which the school’s current charter term will expire.

(4) Charter school applications which propose the conversion of an existing public school, or a part thereof to charter school status must be submitted to an approving authority on or before October 30 if the application proposes that the newly converted charter school is to be established and prepared to admit students for the next ensuing school year.

(5) If the date for submitting an application or commencing the school’s instructional program shall fall on a weekend or state holiday, the time for such shall be continued to the first working day thereafter.

(h) Any local school board may limit the number of new charter school applications it will consider in any year or the number of charters it will grant, but within 20 working days after December 31 must hold a public meeting to decide whether or not to consider it. A local school board shall not be required to accept any new charter school applications for a charter school unless, by September 1 of each year the school board shall affirmatively vote to accept such applications.

(i) If an approving authority decides to consider a charter application, the approving authority must rule on whether to approve the application at a public meeting within 90 working days after December 31.

(j) Within 5 days of deciding to consider an application, the approving authority shall form an accountability committee to review the charter school application. The accountability committee’s report to the local school board shall address the approval criteria set forth in § 512 of this title. The committee shall meet with the applicant in the course of its investigation and provide the applicant the opportunity to review and comment on the committee’s report 15 days before it is issued to the approving authority. The committee’s final report shall be provided to the applicant and be made available to the public.

(k) After giving 15 days’ public notice, the approving authority shall hold public hearings to assist in its decision whether to approve a charter application. At least 1 such hearing shall be held prior to the issuance of the accountability committee’s final report on each new application. The approving authority shall, in advance of the 15-day public notice period, post any and all charter applications under consideration on a public website maintained by the approving authority, and during this public notice period shall accept electronically submitted and written comments from the public.

(l) Subject to any limitations imposed by the approving authority pursuant to subsection (h) of this section, if the application is found by the approving authority to meet the criteria set forth in § 512 of this title and complying with the approval process in this section, it may approve the application subject to such conditions as the approving authority, in its sole discretion, may deem appropriate to ensure the applicant’s continuing compliance with the approval criteria. Whenever approval of a charter school requires the assent of the State Board, as set forth in subsection (c) of this section, the State Board may, in addition to approving or disapproving the decision of the Secretary, place or modify conditions on the approval to address considerations of impact, consistent with the requirements of paragraph (b)(4) of this section.

(m) If an application is made to the Department or a local board as an approving authority and the charter application is not approved, such decision shall be final and not subject to judicial review.

(n) All applications for a charter shall contain an affirmative representation by the applicant that no later than June 15 immediately preceding the authorized opening date of the school, the applicant shall secure a certificate of occupancy, either temporary or final, for the premises in which the school is to be located, provided that any temporary certificate of occupancy must permit occupancy at the premises by school staff and students for school purposes. If the charter is approved and the charter holder shall subsequently fail to obtain the necessary certificate of occupancy as required by this section, the opening of the school shall be delayed by 1 year from the date previously authorized by the approving authority and the charter shall be placed on probation subject to the terms and conditions imposed by the Department of Education with the consent of the State Board of Education. No waivers are available for this requirement.

(o) A local school board that approves an application for a charter school may do so only on the condition that the charter school is located in and provides all educational and related services, with the exception of transportation services and other K-12 noninstructional services and activities, within the boundaries of the approving local school board’s district lines. Once approved, the charter school may not subsequently change its location from the school district specified in its originally approved charter.

(p) “Highly successful charter school operator” means an entity that currently operates or whose principals currently operate 1 or more highly successful charter schools showing sustained high levels of student growth and achievement and sustained fiscal stewardship, as further defined by Department regulation. Notwithstanding the provisions of this chapter, for purposes of this definition the phrase “charter school” shall include public schools operated under a charter regardless of whether the schools are located or organized in Delaware. A highly successful charter school operator may be authorized to operate a charter school in the timeframe provided by paragraph (g)(2) of this section including when an application is submitted for the purpose of operating a charter school at the site of and serving students currently attending a charter school whose charter has been revoked, has not been renewed, or whose charter is on formal review and whose board has agreed to abandon their charter.

(q) The charter school application shall include a disclosure of any ownership or financial interest in the charter school, including but not limited to the building and real property to be used in the operation of the charter school, by the charter school founders and the board of directors of the proposed charter school. If the building and real property to be used in operation of the charter school are not known at the time of application, disclosures pertaining to those interests shall be made once the building and real property to be used in operation of the charter school become known. In addition, the board of directors of the charter school shall have a continuing duty to disclose such interests to the approving authority pursuant to this chapter during the terms of any charter. The charter school and the Department shall promptly disclose the information required by this subsection to any member of the public upon request.

(r) (1) Charter school board members and founders shall complete the criminal background checks in the same manner as persons seeking employment with a public school under § 309 of Title 31. In addition, the authorizer shall complete a check of the Child Protection Registry established by § 921 of Title 16 for charter school founders and board members. The results of the background and Child Protection Registry checks must be provided to the authorizer for review as part of the application process and on an ongoing basis if new board members are seated or current board members are convicted of a crime or placed on the Child Protection Registry. Any person convicted of a felony offense or of any crime against a child in this State or any other jurisdiction is not permitted to serve as a founder or member of a charter school board of directors. An individual may not serve as a charter school founder or board member if the individual would not be permitted to be employed in a public school under § 309 of Title 31 regarding the Child Protection Registry. Other crimes may be considered disqualifying, in the discretion of the authorizer. The State Bureau of Identification may release any subsequent criminal history to the authorizer, in addition to the board of the charter under § 309 of Title 31.

(2) If a charter school board member is charged with a crime that would disqualify the individual under paragraph (r)(1) of this section, the board member must inform the other members of the charter school board of the charges and is automatically suspended until 1 of the following occur:

a. The charter school board member resigns.

b. The suspended charter school board member’s term expires.

c. The charges are resolved in favor of the charter school board member.

d. The charter school board member is convicted or pleads guilty or nolo contendere to a disqualifying crime and is removed from the charter school board under paragraph (r)(1) of this section.

(3) If a charter school board member is charged with a crime that would disqualify the individual under paragraph (r)(1) of this section, the charter school must provide all of the following to the authorizer:

a. The name of the charter school board member.

b. The charges against the charter school board member and the date the charges were filed.

c. The status of the charter school board member under paragraph (r)(2) of this section.

(s) The founder or board member shall be provided with a copy of all information forwarded to the authorizer pursuant to subsection (r) of this section. Information obtained under subsection (r) of this section is confidential and may only be disclosed to the chief officer and 1 additional person in each authorizing body.

(t) Costs associated with obtaining criminal history information and child protection registry checks shall be paid by the applicant.
14 Del. C. § 9001F — Delaware Code / Title 14 / Chapter 90F / Section 9001F
§ Â
        9001F. Definitions.
Status: in_force

As used in this chapter:

(1) “Provider” means an individual who is authorized to prescribe medication for the termination of pregnancy or emergency contraception within the individual’s scope of practice.

(2) “Student” means an individual that is enrolled in the university where student health services are provided.

(3) “University” means an institution of postsecondary education receiving state funds with campuses physically located in Delaware.
14 Del. C. § 1201 — Delaware Code / Title 14 / Chapter 12 / Subchapter I / Section 1201
§ Â
        1201. Purpose [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

The purpose of this chapter is to establish a system of professional development, professional standards, licensure, certification and evaluation that serves to continually improve the quality of instruction and support for Delaware’s children so that they are equipped to work and succeed in an ever-changing and increasingly complex global economy. The General Assembly finds that a rigorous system of licensure, certification, permitting, professional development and evaluation designed to support improved student achievement and well-being, together with an expansion of the salary system to include compensation for skills and knowledge, will serve to improve the quality of the Delaware education workforce and to improve student performance. All educators must be licensed, certified, and evaluated under this chapter. Paraprofessionals and other student support and classroom personnel must hold a permit according to this chapter or an approved professional license under Title 24. To develop this system and to ensure that its purposes are achieved, the General Assembly creates the Delaware Professional Standards Board to work in conjunction with the Department of Education and the State Board of Education toward the full implementation of this chapter.
14 Del. C. § 6509 — Delaware Code / Title 14 / Chapter 65 / Section 6509
§ Â
        6509. Use of annual payments.
Status: in_force

The moneys received by the University as provided in § 6508 of this title shall be used by the University for the support and maintenance of the University.
14 Del. C. § 1420 — Delaware Code / Title 14 / Chapter 14 / Subchapter III / Section 1420
§ Â
        1420. Reasons for termination; rights of teacher.
Status: in_force

Termination of any teacher’s services during the school year shall be for 1 or more of the following reasons: Immorality, misconduct in office, incompetency, disloyalty, neglect of duty or wilful and persistent insubordination. Such teacher shall be given the same opportunity to be heard and right of appeal as provided in §§ 1412, 1413 and 1414 of this title, and the board shall give notice in writing to such teacher of its intention to terminate the services of such teacher at least 30 days prior to the effective date of termination. Such written notice shall state the reasons for such termination of services. The board shall have the power to suspend any teacher pending a hearing if the situation warrants such action.
14 Del. C. § 9208 — Delaware Code / Title 14 / Chapter 92 / Section 9208
§ Â
        9208. Bonds.
Status: in_force

(a) (1) The Authority shall at any time and from time to time issue bonds for any corporate purpose.

(2) The bonds of each issue shall be payable solely out of revenues of the Authority, including, without limitation:

a. Principal and interest on Authority loans and education loans;

b. Payments by institutions, banks, insurance companies or others pursuant to letters of credit or purchase agreements;

c. Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust agreement;

d. Insurance proceeds;

e. Loan funding deposits;

f. Proceeds of sales of education loans;

g. Proceeds of refunding bonds; and

h. Other fees, charges or revenues of the Authority.

(3) Bonds shall be authorized by a bond resolution of the Authority and shall:

a. Bear the date or dates, and mature at a time or times, whether as serial bonds or as term bonds or both, not exceeding the year following the last year in which the final payments in an education loan series portfolio are due, or 30 years from their respective dates of issue, whichever is sooner;

b. Bear interest at a rate or rates determined by the Authority;

c. Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost or destroyed bonds as the Authority may establish;

d. Be deemed a “security” within the meaning of § 8-102 of Title 6, whether or not it is either 1 of a class or series or by its terms is divisible into a class or series of instruments and negotiable for all purposes although payable from a limited source, notwithstanding any other law;

e. Be payable in lawful money of the United States at a designated place;

f. Be subject to the terms of redemption that the bond resolution provides;

g. Be executed by the manual or facsimile signatures of the officers of the Authority designated by the Authority; and

h. Be sold in the manner and upon the terms determined by the Authority including private (negotiated) sale.

(4) Pending preparation of the definitive bonds, the Authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(b) Any bond resolution may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to:

(1) Pledging or assigning the revenues derived from the Authority loans and education loans with respect to which such bonds are to be issued;

(2) The fees and other charges to be collected and the sums to be raised in each year thereby, and the use, investment and disposition of such sums;

(3) The setting aside of loan funding deposits, debt service reserves, capitalized interest accounts, cost of issuance accounts and sinking funds, and the regulation, investment and disposition thereof;

(4) Limitations on the use of the education loans;

(5) Limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied;

(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds;

(7) The refunding or refinancing of outstanding bonds;

(8) The procedure, if any, by which the terms of any contract with bondholders may be altered or amended and the amount of bonds the holders of which must consent thereto, and the manner in which consent shall be given;

(9) Defining the acts or omissions which shall constitute a default in the duties of the Authority to holders of its obligations and providing the rights or remedies of such holders in the event of a default;

(10) Providing for guarantees, pledges of endowments, letters of credit, property or other security, or insurance for the benefit of the holders of the bonds; and

(11) Any other matter relating to the bonds which the Authority determines appropriate.

(c) No member of the Authority nor any person executing the bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.

(d) (1) The Authority may purchase its bonds out of any available funds and may hold, pledge, cancel or resell the bonds subject to and in accordance with agreements with bondholders.

(2) The Authority may refund or refinance any of its bonds.
14 Del. C. § 2907 — Delaware Code / Title 14 / Chapter 29 / Section 2907
§ Â
        2907. Safety requirements for public school buses.
Status: in_force

No rule or regulation made by the Department of Education under this chapter shall preclude the use of district school buses or state school buses 14 model years old, provided such buses meet safety requirements and are approved by the board of education named in the contract. There shall be no capital allowance provided for the contractor other than that provided for in the transportation formula for school bus contracts using the schedule for the model year of the bus used.
14 Del. C. § 9108 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9108
§ Â
        9108. Treasurerâs bond.
Status: in_force

The treasurer of the Board shall give bond with good and sufficient security to the State in the sum of $10,000, conditioned for the faithful application of all the moneys received. The bond shall be approved by the trustees and shall be deposited in the office of the Secretary of State.
14 Del. C. § 512 — Delaware Code / Title 14 / Chapter 5 / Section 512
§ Â
        512. Approval criteria.
Status: in_force

Subject to the process prescribed in § 511 of this title, charter school applications shall be in the form established by the approving authority and shall be approved if, after the exercise of due diligence and good faith, the approving authority finds that the proposed charter demonstrates that:

(1) The individuals and entities submitting the application are experienced and qualified to start and operate a charter school, and to implement the school’s proposed educational program. Certified teachers, parents and members of the community in which the school is to be located must be involved in the development of the proposed charter school. At the time at which the school commences its instructional program and at all times thereafter, the board of directors must include a teacher from at least 1 of the charter schools operated by the board and at least 1 parent of a student enrolled in a charter school operated by the board;

(2) The chosen form of organization, identified in the articles of incorporation and by-laws, or the membership agreement, conforms with the Delaware General Corporation Law;

(3) The mission statement, goals and educational objectives are consistent with the description of legislative intent set forth in § 501 of this title and the restrictions on charter school operations set forth in § 506 in this title;

(4) The school has set goals for student performance and will utilize satisfactory indicators to determine whether its students meet or exceed such goals and the academic standards set by the State. The indicators shall include the assessments required for students in other public schools, although the charter school may adopt additional performance standards or assessment requirements, and shall include timelines for the achievement of student performance goals and the assessment of such performance;

(5) The school proposes a satisfactory plan for evaluating student performance and procedures for taking corrective action in the event that student performance at the charter school falls below such standards which are reasonably likely to succeed;

(6) The school’s educational program, including curriculum and instructional strategies, has the potential to improve student performance; and must be aligned to meet the Delaware Content Standards and state program requirements, and in the case of a charter high school, state graduation requirements. High school programs must provide driver education. The educational program at all charter schools must include the provision by the school of extra instructional time for at-risk students, summer school and other services required to be provided by school districts pursuant to the provisions of § 153 of this title. A previously approved charter school may continue to operate in compliance with the terms of its current approval, but its charter shall not be renewed unless the school shall submit an application for renewal in full compliance with the requirements of this subsection;

(7) The school’s educational program sets forth appropriate strategies to be employed to accommodate the needs of at-risk students and those needing special education services;

(8) The plan for the school is economically viable, based on a review of the school’s proposed budget of projected revenues and expenditures for the first 3 years, the plan for starting the school, and the major contracts planned for equipment and services, leases, improvements, purchases of real property and insurance, and enrollment of no less than 200 students at full enrollment and no less than 100 students during the first 2 years of operation or for a school with an enrollment preference to primarily serve special needs students;

(9) The school’s financial and administrative operations meet or exceed the same standards, procedures and requirements as a school district. If a charter school proposes to operate outside the State’s pension and/or benefits systems, a specific memorandum of understanding shall be developed and executed by the charter school, the approving authority, the Director of the Office of Management and Budget, the Controller General and the Secretary of Finance to assure that the State’s fiduciary duties and interests in the proper use of appropriated funds and as a benefits and pension trustee are fulfilled and protected, the State’s financial reporting requirements are satisfied, and the interests of charter school employees are protected. All charter schools shall operate within the State’s official financial management system and be subject to all of the same policies and procedures which govern other agencies operating within such system;

(10) The assessment of the school’s potential legal liability, and the types and limits of insurance coverage the school plans to obtain, are adequate;

(11) The procedures the school plans to follow to discipline students and ensure its students’ adherence to school attendance requirements comply with state and federal law;

(12) The procedures the school plans to follow to assure the health and safety of students, employees and guests of the school while they are on school property are adequate and that the charter school will comply with applicable provisions of local, state and federal law, including the provisions of Chapter 85 of Title 11;

(13) The school shall have a satisfactory plan for timely transferring student data and records to the Department of Education;

(14) The school’s board of directors shall annually certify to the Department, on a form to be provided by the Department, that prior to the payment of any fees or other sums to any management company employed by the board, the board will insure that sufficient revenues of the school are devoted to adequately support the school’s proposed educational program. Such form of certification may require documentation of all actual or proposed expenditures by the school. Failure to provide sufficient funds to adequately support the school’s proposed education program shall be grounds for revocation of the school’s charter;

(15) The school shall have a satisfactory plan to ensure the effectiveness of its board of trustees, including governance trainings conducted for any new board members and at a minimum of once every 3 years; and

(16) The school shall have a satisfactory plan for procedures it will follow in the case of the closure or dissolution of the school, including a plan to set aside sufficient funds to cover the salaries owed to those employees who are paid over a 12-month period. For a new applicant granted under this chapter, the application shall include a reasonable plan to establish sufficient available balances pursuant to § 516(1) of this title.
14 Del. C. § 1213 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1213
§ Â
        1213. Tier Three â Advanced licensure.
Status: in_force

An advanced license is valid for up to 10 years unless extended pursuant to § 1216 of this title or revoked. Upon application, the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards certification. The term of the advanced license shall be the same as the balance of the term of the educator’s National Board for Professional Teaching Standards certification. The Department may also issue an advanced license to an educator who, upon application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated and adopted under this chapter.
14 Del. C. § 1921 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1921
§ Â
        1921. Refund of county taxes paid in error; refund after assessment appeal.
Status: in_force

(a) Local county school taxes paid through error or by mistake may be refunded by the school district to which the taxes were paid as follows:

(1) The person claiming a refund of taxes shall file with the board of the school district a request for refund under oath or affirmation stating the payment of the taxes, the person, firm, corporation or association by whom the taxes were paid, and the date of payment and stating why it is believed the taxes were paid in error;

(2) The school board shall submit the request for refund to the receiver of taxes of the county for the receiver’s approval of the payment of the refund and shall make no refund unless the receiver of taxes approves the refund in writing, except that capitation taxes may be refunded without such approval;

(3) The school board and the receiver of taxes shall keep a record of all refunds for at least 3 years, which record shall be open for public inspection during regular business hours.

(b) Local county school taxes determined to be overpaid after an assessment appeal by a taxpayer shall be refunded or credited in accordance with § 8311 of Title 9.
14 Del. C. § 405 — Delaware Code / Title 14 / Chapter 4 / Section 405
§ Â
        405. Criteria for approval or disapproval [For application of this section, see 83 Del. Laws, c. 316, Â 3].
Status: in_force

(a) Each receiving local education agency shall adopt and make available a policy regarding the order in which applications for enrollment pursuant to this chapter shall be considered and the criteria by which such applications shall be evaluated.

(b) Prior to the applicable application deadline established in § 403(a) of this title, each receiving district shall adopt and make available a policy establishing criteria for acceptance or rejection of applications and setting priorities for acceptances consistent with this section. Such criteria shall be reasonably related to the nature of the program or school for which the application is submitted and may not differ from the criteria used for acceptance or rejection of applications submitted by parents of children residing in the attendance zone of the school, if applicable, except that a district shall give priority to the following categories of students in the order listed:

(1) First, to returning students who continue to meet the requirements for the program or school, including students graduating from 1 school to another within a single program;

(2) Second, to students who meet the requirements for the program or school and who seek to attend based upon the residence of the student’s parent within the designated feeder pattern, if any, for the school; and

(3) Third, to the siblings of students currently enrolled in the school or in a program in accordance with paragraph (b)(2) of this section who will be returning to the school for the following academic year, provided that any siblings seeking priority under this paragraph meet the requirements for the program or school. Priority must be given to siblings of students who live in the reorganized school district where the school is located, and may be given to siblings of students who do not live in the reorganized school district where the school is located.

In addition to the above a receiving district may next give priority to students who have designated the program or school as a first, second, or third choice; to students who live within the district; to military-connected students who are the dependents of an active service member of the United States military, the Delaware National Guard, or a reserve component of the United States military; and to children of school employees; as long as they otherwise meet the criteria of the program or school. After a receiving district has admitted all qualifying students consistent with the criteria in this subsection, the receiving district, shall use a lottery process to admit additional students and generate a ranked waiting list. The Department may verify the randomness of the lottery process.

(c) Each receiving local education agency shall accept applications, in a manner consistent with the policy adopted pursuant to this subsection, until there is a lack of capacity in each school and program. Students who meet the receiving local education agency’s criteria for acceptance in the policy but who are not selected due to a lack of capacity in the school or program shall be placed on a ranked waiting list maintained by the receiving local education agency until the first day of the receiving local education agency’s school year for which they applied.

(d) Consistent with subsection (b) of this section, a receiving local education agency may disapprove an application because of lack of capacity in a particular program or school. For purposes of this section, “capacity” means the maximum number of students that a program or school can contain as determined solely by considerations of physical space, physical resources, specific program requirements, and class size for each grade level. For the purposes of this section, “lack of capacity” means that the school or program calculates projected enrollment for the following academic year to be at least 85% of its capacity.

(e) A district which is subject to a court-ordered desegregation plan may approve and disapprove applications in accordance with § 406(a) of this title.
14 Del. C. § 2906 — Delaware Code / Title 14 / Chapter 29 / Section 2906
§ Â
        2906. Transportation of pupils to special schools.
Status: in_force

The State shall fund school districts that operate special schools for the trainable, hearing impaired, orthopedic or other special school serving students from 1 or more school districts.
14 Del. C. § 3410A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3410A
§ Â
        3410A. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Academic year” means the 2 consecutive academic semesters beginning with the fall semester.

(2) a. “Family” for a dependent applicant means the applicant, the applicant’s parents or legal guardian, relative caregiver, and other children under the age of 21 of the applicant’s parents, legal guardian or relative caregiver.

b. “Family” for an independent applicant means the applicant, an applicant’s spouse and any dependent children.

(3) “Eligibility period” means the maximum length of time that a student is eligible for the Inspire Scholarship Program under § 3412A(b)(2) or § 3414A(c) of this title.

(4) “Full-time” means a minimum of 24 credit hours in each academic year.

(5) “Delaware State Inspire Scholarship Program,” “Inspire Scholarship Program” or “Inspire grant” means the tuition payments or grants under this subchapter.

(6) “Institution” means Delaware State University.

(7) “School activity” means an open house, school curriculum night, parent and teacher conference night, holiday program, or other school-related events conducted by a public middle school or high school where parents, community members, and students are encouraged to attend and participate.
14 Del. C. § 2407 — Delaware Code / Title 14 / Chapter 24 / Section 2407
§ Â
        2407. Renewal of training.
Status: in_force

Prison Educational personnel are required to attend correctional security refresher training a minimum of every 3 years. Training shall be developed and provided by Department of Correction’s staff training personnel.
14 Del. C. § 3108A — Delaware Code / Title 14 / Chapter 31A / Section 3108A
§ Â
        3108A. Cooperation of participating agencies.
Status: in_force

(a) All state agencies and contractors participating in the provision of early intervention services under this chapter shall cooperate with the Department and Interagency Coordinating Council to ensure effective system implementation, coordination, and nonduplication of activities.

(b) The IFSP under § 3107A of this title serves as the primary comprehensive service plan for all cooperating agencies and contractors and must be accorded deference in determining the developmental, educational, and medical necessity of included early intervention services.
14 Del. C. § 1714 — Delaware Code / Title 14 / Chapter 17 / Section 1714
§ Â
        1714. Acquisition of school sites, Advanced Planning and Real Property Acquisition Fund; purchase; sale; repayment.
Status: in_force

The Advanced Planning and Real Property Acquisition Fund authorized by Title 29 and administered by the Budget Commission may be used for the acquisition of school sites in anticipation of the need for construction of new school buildings. From this Fund the Department of Education may purchase in the name of the State upon request from a school district any needed school site or option to purchase such a site. The Department shall make no payments to any school district from the Fund unless either the acquisition of a school site and the approximate cost of the proposed new construction thereon have first been approved by a referendum held among the voters in the school district concerned or, in the event that such a referendum has not been approved, upon presentation from the school district that it otherwise has available sufficient funds to meet local share requirements, as the term “local share” is defined in Chapter 75 of Title 29, of the school district concerned necessary for the school construction project. In the event land is purchased within a school district and no school construction is started thereon within 5 years of such purchase or in the event plans to use the site are abandoned, then the Department of Education may sell the land at a public sale and shall repay the Advanced Planning and Real Property Acquisition Fund and deposit any excess receipts in the General Fund of the State.

When the school district within which such a site has been purchased has sold bonds and deposited construction funds with the State Treasurer in compliance with any school construction act, or when, in the event of construction based entirely upon state funds, the Treasurer has in the Treasurer’s command construction funds for such site the Board of Education of the district shall present to the appropriate authorities an invoice against such construction funds of that district payable to the Department of Education for deposit in the Fund and the funds used to purchase the site shall be returned to the Fund.
14 Del. C. § 8901A — Delaware Code / Title 14 / Chapter 89A / Section 8901A
§ Â
        8901A. Purpose.
Status: in_force

The active participation of young adults in volunteer activities is necessary to achieve a truly healthy community. It is especially rewarding to instill the spirit of volunteerism in young people who may display that spirit repeatedly in their future years. Thus, it is deemed beneficial to encourage volunteerism among high school students.
14 Del. C. § 2101 — Delaware Code / Title 14 / Chapter 21 / Section 2101
§ Â
        2101. Definitions.
Status: in_force

As used in this chapter:

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

(2) “School board” means a board of education of a reorganized school district.
14 Del. C. § 9133 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9133
§ Â
        9133. Validity of bonds; incontestability.
Status: in_force

When any bonds are sold and delivered under this chapter, the certification by the Board that the bonds have been issued in due compliance with this chapter is conclusive upon the College and every person of the right, power, and authority for the issuance of the bonds, the legality and validity of the bonds, and the principal debt and interest represented by the bonds. After the certification is issued, the legality and validity of the bonds may not be subject to question in any court by the College or by any person for or on its behalf. This section must be made part of the contract and obligation represented by each bond sold and delivered under this chapter.
14 Del. C. § 181 — Delaware Code / Title 14 / Chapter 1 / Subchapter V / Section 181
§ Â
        181. Responsibilities.
Status: repealed

The Office shall do all of the following:

(1) Ensure that state resources for higher education are targeted to state priorities serving Delawareans.

(2) Ensure that higher education is accessible and affordable for all Delaware students who qualify for admission by providing financial assistance and guidance services.

(3) Strengthen the role and impact of higher education in elementary and secondary education reform, achievement of student performance expectations, and teacher professional development.

(4), (5) [Repealed.]

(6) Enhance the capacity for quality data collection and reporting to meet federal mandates, regional and interstate contractual agreements, and national data sharing requirements.

(7) In cooperation with the Department of Education, identify and implement methods to ensure a seamless transition for Delaware residents from elementary and secondary education to postsecondary education.

(8) Ensure that higher education services reflect changing needs and capabilities by exploring regional and national trends, and recommending implementation as appropriate.

(9) Promote student academic preparation for higher education and help educate Delawareans on saving for college.

(10) Expand education opportunities available through interstate agreements, such as the Southern Regional Education Board (SREB) and the State Higher Education Executive Officers Association (SHEEO), and publicize and promote their use.

(11) [Repealed.]

(12) Monitor and assist in resolution of consumer complaints related to student financial assistance, academic credit, and credit transfer; coordinate efforts as appropriate with the Department of Justice and private consumer protection agencies.

(13), (14) [Repealed.]

(15) Administer specific programs relating to higher education and others as may be established or assigned by the General Assembly and the Department of Education.

(16) [Repealed.]
14 Del. C. § 2908 — Delaware Code / Title 14 / Chapter 29 / Section 2908
§ Â
        2908. Renewal of transportation contracts; transfer; letters of commitment.
Status: in_force

(a) When a transportation contract is due to expire for a reason other than the fact that the bus described in said contract is of such vintage that it can no longer be used to transport pupils, a renewal of said contract shall be first offered to the school bus contractor who is party to the expiring contract. In the event that a contractor does not wish to renew the contract, said contract shall be opened to all other interested persons in that area by means of notice published in at least 2 Delaware newspapers of general circulation.

(b) If no parties can be found to assume the responsibilities of contracts expiring pursuant to this section, the department or agency responsible for the transportation of public school pupils shall furnish the transportation previously afforded under the expiring contract.

(c) (1) A school transportation contract may be transferred from a contractor to another party contingent upon approval of the local board of education. In the event that a transfer is proposed by the current contractor, the advertising requirement contained in subsection (a) of this section shall not apply.

(2) A local board of education may disapprove the transfer of a transportation contract to another party only for just cause. Just cause shall be limited to the following criteria: Financial stability, insurability, record of service in that or another Delaware school district, and personal and/or business resume including references.

(3) If the school board decides to reject the prospective contractor, it shall notify that contractor of its decision and provide reasons why that contractor is not acceptable to the district. This discussion may be held in a closed session and the results and reasons shall be disclosed only with the approval of the proposed contractor. In the event that the district rejects the proposed contractor, the current contractor shall have the following options:

a. Continue to operate the bus; or

b. Give up the contract at the end of the year or sooner if allowed by the district; or

c. Find a new contractor which will meet the criteria.

(4) In the event the contractor cannot reach agreement with another party which meets the criteria and is acceptable to the school district, the district may use the process identified in subsection (a) of this section to find a new contractor. In the event that the bus associated with the transportation contract is less than 7 years old and still on the depreciation schedule in the transportation formula, the district shall require that the new contractor make an offer to purchase the bus of the current contractor at least at fair market value as described in a national publication. It shall not be mandatory for the current contractor to accept this offer.

(5) No contract shall be deemed effectively transferred until said transfer is approved by the local board of education and the Department of Education.

(d) (1) The Department of Education is authorized to obtain from all contractors currently providing pupil transportation a letter of commitment to provide such service for the following school year. Such letters shall be signed by the contractor and shall legally bind the contractor to provide pupil transportation service in the following school year contingent upon the enactment into law of the succeeding fiscal year’s budget appropriation act. A contractor shall not be bound by its letter of commitment should the final budget appropriation act include an inflation factor for the school transportation formula that is less than the inflation factor included in the Governor’s proposed budget presented in January of that year.

(2) Failure to sign a letter of commitment shall be interpreted to mean that the contractor does not wish to continue providing pupil transportation services and that an alternative provider shall be found to assume the responsibilities of the existing contractor for the next school year.

(3) The letter of commitment shall be considered an offer of renewal as referenced in subsection (a) of this section. Subsection (b) of this section shall apply to contracts that expire due to the failure of a contractor to sign a letter of commitment.

(4) The Department of Education is hereby authorized to obtain letters of commitment on or before August 1, 1991, for the school year 1991-1992. In all subsequent years the Department of Education is authorized to obtain letters of commitment on or before May 1.
14 Del. C. § 3134 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3134
§ Â
        3134. Contents of notice.
Status: in_force

The notice under § 3133 of this title must include all of the following:

(1) A full explanation of all of the procedural safeguards available to the parents under state and federal law and regulations.

(2) A written description of the action proposed or refused by the district or agency, an explanation of why the district or agency proposes or refuses to take the action, and a description of any options the district or agency considered and the reasons why those options were rejected.

(3) A written description of each evaluation procedure, test, record or report the district or agency uses as a basis for the proposal or refusal.

(4) A written description of any other factors which are relevant to the district or agency’s proposal or refusal.

(5) A written statement that the parents of a child with a disability have protection under the procedural safeguards of state and federal law and regulations and the means by which a copy of a description of the procedural safeguards can be obtained.

(6) Sources for parents to contact to obtain assistance in understanding the provisions of this subchapter, including specific contact information for existing parent assistance programs, legal assistance programs, and the Delaware State Bar Association.

(7) A separate questionnaire requesting the input of a child’s parent and, where appropriate, a child, with respect to the child’s progress to date and additional proposed steps that should be taken to adjust the child’s goals, curriculum, services, aids, modifications, or other elements of the child’s individualized education program (IEP). The questionnaire may be sent prior to the written notice of an IEP meeting or its equivalent and, if it is, does not need to be included in the notice under this section.

(8) A copy of the draft IEP accompanied by a letter clearly indicating to the parent and child that the document is a draft for discussion and subject to revision at the noticed meeting, if a draft IEP will be presented to a child or parent, or otherwise utilized at the IEP meeting for which notice is provided. If such a draft IEP is prepared subsequent to the notice required by this section but prior to the noticed meeting, it shall be provided to the parent and child prior to the noticed meeting, along with the explanatory letter required by this paragraph. Any draft document provided to a child or parent pursuant to this paragraph shall be clearly labeled on each page as a draft document for discussion purposes only. The Department in collaboration with the Governor’s Advisory Council on Exceptional Citizens shall create a draft letter and associated guidance to assist the charter schools and school districts with the content and application of the above letter.

(9) A notice that a parent or child may request prior to an IEP meeting any data in the charter school’s or school district’s possession relevant to the child’s needs or disability.

(10) A notice that a parent or child may request the presence of any teacher, paraprofessional, and any additional staff members of their choosing at an IEP meeting.
14 Del. C. § 1028 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1028
§ Â
        1028. Division of reorganized school districts; names; bonded indebtedness; levy of taxes without referendum; real property; personal property; school boards; school districts conducted and maintained as other reorganized school districts; applicability of section; division of school districts created by federal court orders.
Status: in_force

(a) A reorganized school district may be divided by the State Board of Education into 2 or more school districts in accordance with this section.

(b) A division, except in the case of the division of a reorganized vocational-technical school district, shall be by referendum, which referendum shall be conducted in the same manner as a referendum for the consolidation of reorganized school districts under § 1026 of this title. If division is by referendum, the question of division shall be determined by a majority of the total vote of the reorganized school district to be divided. A division of a reorganized vocational-technical school district shall be by resolution of the State Board of Education, and by resolution of the board of the reorganized vocational-technical school district affected. In the case of any division of any reorganized school district, the State Board of Education shall specify in advance the effective date of the division.

(c) One of the school districts resulting from a division shall retain the name of the reorganized school district being divided, unless otherwise specified by the State Board of Education. The school board of the reorganized school district being divided shall specify in advance and with the approval of the State Board of Education the proposed names for the school districts resulting from any division and the boundaries of the school districts so named. If division is by referendum, the proposed names and the boundaries of the school districts so named shall be distinctly stated in the notice of referendum.

(d) In the event any reorganized school district has, at the time of division, any outstanding obligations evidenced by bonds or bond obligations resulting from a division in a previous high school district, such obligations shall remain the obligations of the residents of the school district then obligated upon such bonds to pay the principal and interest when due until paid according to the original authorization with respect to principal and interest. The rights of any bondholder shall not be impaired by reason of a division of any reorganized school district. If division is by referendum, the notice of the referendum shall distinctly state the provisions of this subsection.

(e) Each school district resulting from a division of a reorganized school district shall levy taxes sufficient:

(1) To maintain the level of current expenditures including Division III as established in the divided reorganized school district; and

(2) To provide for payment of principal and interest on any bonded indebtedness as provided in this section.

Such taxes shall be levied by the school boards of the school districts resulting from any such division without a further referendum. If division is by referendum, the notice of referendum shall distinctly state the provisions of this subsection.

(f) All real property of the divided reorganized school district shall, by operation of law, become vested in the respective school district resulting from such division in which such real property is located.

(g) All personal property of the divided reorganized school district shall be apportioned between or among the school districts resulting from such division upon the basis of enrollments in such resulting school districts as of September 30, immediately preceding the division. In the event the school boards of the resulting school districts cannot agree as to such apportionment, the State Board of Education shall make the apportionment which shall be final.

(h) School boards for school districts resulting from any division under this section shall be created and constituted in accordance with § 1066 of this title.

(i) All school districts resulting from any division under this section shall be operated and maintained as other school districts reorganized under this chapter, and all laws in this State relating to school districts reorganized under this chapter generally and not inconsistent with this section shall apply to such school districts resulting from such division.

(j) This section shall apply only with respect to a division of a reorganized school district constituted and established in accordance with this chapter.

(k) During the period January 1, 1980, through August 31, 1981, the State Board of Education may divide any school district created by order of a federal court pursuant to this section; provided, however, that:

(1) The requirement of referendum included in subsection (b) of this section, the requirement of taxation of subsection (e) of this section and the statutory restriction of subsection (j) of this section shall not be applicable;

(2) The requirements of subsection (d) of this section shall be met by funds available pursuant to § 1057(b) of this title and by taxes collected by the county taxing authorities, which taxes shall be collected uniformly throughout the entire area being divided;

(3) The area being divided shall be permanently constituted as a school tax district as defined in § 1925 of this title;

(4) The rates for school taxes for current operating expenses and debt service on obligations evidenced by:

a. Bonds of the district being divided authorized prior to the division;

b. Bonds of the district being divided; and

c. Bonds of any former school district located in the geographical area of the district being divided which are levied in the school tax district

shall be established and set according to § 1925 of this title;

(5) Obligations evidenced by bonds authorized prior to the division herein authorized shall be paid by the county taxing authorities from debt service taxes collected in the school tax district;

(6) Taxes collected in the school tax district for current operating expenses shall be distributed each year in a uniform manner, on a per unit basis according to units certified by the State Board of Education for the previous fiscal year, by the county taxing authorities, to the districts formed by the division;

(7) No tax funds herein authorized shall be distributed to a separate vocational-technical school district;

(8) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such a division from levying and collecting taxes for any purpose within the new district when such rates are set according to Chapter 19 of this title requiring a referendum of the qualified voters in the district;

(9) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such division from issuing bonds and levying and collecting taxes to provide funds for the payment of interest and annual payments on such bonds, in accordance with Chapter 21 of this title;

(10) Any school district created as a result of such division may each fiscal year determine and set tax rates for tuition and for minor capital improvements for the next fiscal year;

(11) A change in tax rates by a single district shall not alter the rate set in accordance with § 1925 of this title for the school tax district;

(12) The boundaries of school districts divided according to this subsection shall be established in accordance with § 1066A of this title.

(13) The boards of education of school districts resulting from the division authorized by this subsection shall be established in accordance with § 1066 of this title.

(l) If the division of a school district is carried out under subsection (k) of this section, then the following provisions shall apply:

(1) Any outstanding obligations of the school district for current operating expenses, on the effective date of the division, shall become the joint obligation of the newly created districts. Each new district shall be responsible for a portion of the total outstanding obligation; the liability of each new district shall be in the same proportion to the total liability of the district being divided as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division;

(2) Balances in the local current expense account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division;

(3) Balances in the local tuition account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in the schools located in the area encompassed in the new district was to the total number of units in the district being divided in the fiscal year preceding the division;

(4) Balances in the local debt service account of the reorganized school district, on the effective date of the division, shall be retained in the debt service account of the school tax district. These funds shall be used to meet bond obligations which are due after the effective date of the division;

(5) Balances in the local minor capital improvement accounts of the district being divided, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the projects for which they were intended at the time of the division, as determined by the State Board of Education;

(6) Balances in the annual maintenance accounts of the reorganized district, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the maintenance for which they were intended at the time of the division, as determined by the State Board of Education.
14 Del. C. § 9211 — Delaware Code / Title 14 / Chapter 92 / Section 9211
§ Â
        9211. Enforcement of rights and duties by bondholder.
Status: in_force

Except to the extent that their rights are restricted by any applicable bond resolution or trust agreement, any holder of bonds issued under this chapter or a trustee under a trust agreement entered into under this chapter may, by any suitable form of legal proceedings, protect and enforce any rights granted under the laws of Delaware or by any applicable bond resolution or trust agreement.
14 Del. C. § 3906 — Delaware Code / Title 14 / Chapter 39 / Section 3906
§ Â
        3906. Payment of benefits.
Status: in_force

The Secretary of Finance shall pay monthly to persons designated by the Department of Finance and Board of Pension Trustees as being entitled to the benefits of this chapter.
14 Del. C. § 155 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 155
§ Â
        155. School district and school board accountability for academic performance.
Status: in_force

(a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public reorganized and vocational-technical school districts, through the Education Profiles specific to each school district required pursuant to § 124A of this title. The program shall classify districts based on the assessments administered pursuant to § 151 (b) and (c) of this title, as well as other criteria established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify school districts by utilizing 3 ratings of district performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A school district may additionally be identified as “Under Improvement” pursuant to criteria of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(b) The Department shall establish the criteria for the determination of whether a school district is subject to recognition, or subject to improvement and accountability activities. The Department regulations setting forth such criteria shall be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(c) The Department shall develop a program to commence during Fiscal Year 2004 to recognize the performance of school districts designated as “Superior Performance” and “Commendable Performance.” Such program shall, subject to the extent of available appropriations, include recognition of districts and their boards of education through the Education Profiles pursuant to § 124A of this title; special ceremonies, the award of plaques or flags.

(d) The Department shall develop a program to improve and hold accountable those school districts identified as “Academic Watch” and “Under Improvement.” Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title.
14 Del. C. § 8529 — Delaware Code / Title 14 / Chapter 85 / Section 8529
§ Â
        8529. Certain schools exempt.
Status: in_force

Any institution whose main facilities are located in the State and which was approved by the Department of Education in compliance with § 125 of Title 8, prior to July 18, 1972, shall be exempt from this chapter. Apprenticeship and training programs offered or conducted by persons, partnerships, joint ventures, corporations, political subdivisions, employers or employer associations for their employees or prospective employees or by labor organizations or associations of employees for their members or apprentices shall be exempt from this chapter.
14 Del. C. § 3909 — Delaware Code / Title 14 / Chapter 39 / Section 3909
§ Â
        3909. Increases in pensions.
Status: in_force

(a) Effective January 1, 1976, any pension being paid under this chapter to an individual 60 years of age or older shall be increased by either: (1) $30 per month if such individual is also receiving or is eligible for benefits under the Federal Social Security Act; or (2) $50 per month if such individual is not also receiving or eligible for benefits under the Federal Social Security Act [42 U.S.C. § 401 et seq.]; provided that such increase shall be applied to the correct amount determined as a result of audits made between May 1971 and June 1972, and shall only be paid to an individual if such correct amount, inclusive of such increase, exceeds the amount of any pension being paid in accordance with § 3908(b) of this title.

(b) Any pension under this chapter that is payable on February 15, 1980, shall be increased effective January 1, 1979, by $20 per month.

(c) Any pension under this chapter that is payable on April 24, 1984, shall be increased effective July 1, 1984, by $30 per month.

(d) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1986, by $30 a month.

(e) Any pension under this chapter that is payable on July 13, 1988, shall be increased effective July 1, 1988, by $105 a month.

(f) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1990, by $60 a month.
14 Del. C. § 1045 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1045
§ Â
        1045. Annual meeting; election of officers.
Status: in_force

(a) Each school board shall hold an annual meeting at its office in July of each year.

(b) At each annual meeting the school board shall elect 1 of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in the president’s stead.

(c) At each annual meeting, the school board shall designate the chief school officer or superintendent as the executive secretary of the school board.
14 Del. C. § 4107 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4107
§ Â
        4107. General election day; closing of schools.
Status: in_force

(a) Every day on which a general election is held in this State shall be a legal holiday for all school purposes and all schools, colleges and other institutions of learning shall be closed during the whole of such day.

(b) Whoever, having the control of any school, college or other institution of learning, causes or permits the same to be open and instruction given on such day shall be fined not less than $10 nor more than $100.
14 Del. C. § 4167 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4167
§ Â
        4167. Consent education.
Status: in_force

(a) Educational programming. —

Beginning in the 2020-2021 school year, each school district and charter school serving 1 or more of the grades 7 through 12 shall provide age- and developmentally-appropriate, evidence-informed instruction on the meaning of consent and respecting others’ personal boundaries as part of health standard programming related to comprehensive healthy relationships.

(b) Reporting. —

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

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

(3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (a) of this section and how the curriculum has been implemented by each school district and charter school under subsection (a) of this section.
14 Del. C. § 4133 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4133
§ Â
        4133. Physical Education/Physical Activity Pilot Program.
Status: in_force

(a) For the 2006-07 school year there is established a Physical Education/Physical Activity Pilot Program in at least 6 of Delaware’s public elementary, middle or high schools to determine the potential for future expanded use to all of Delaware’s public schools. Each school in the pilot shall be required to provide at least 150 minutes per week of a combination of physical education and physical activity for each student. A pilot school shall not be penalized in any manner if a reasonable attempt has been made to provide the program to each student.

(b) Each potential pilot school shall be required to provide a proposed plan that outlines how the school shall meet the requirements as specified in subsection (a) of this section and the application form developed by the Department of Education. This application shall include the delineation of any unmet funding needs related to, but not limited to, additional program and personnel costs to conduct the planned activities. To the extent funds are available, the Department shall provide for such unmet funding needs.

(c) The Department of Education shall work with the selected pilot schools to develop and implement programs, following the Connections to Learning core principles, that meet the requirement that the school provide at least a 150-minute minimum in the combination of physical education and physical activity which may include physical education classes, recess, planned classroom breaks, and other identified activities. Training shall be provided by the Department of Education upon request.

(d) The Department of Education shall conduct an evaluation of the pilot program which may be done in collaboration with an outside entity and shall report preliminary findings by May 15, 2007, and a final report by July 15, 2007, to the Secretary of Education, President Pro Tempore of the Senate, Speaker of the House of Representatives, Office of Management and Budget, Controller General’s Office and Chairpersons for the Joint Finance Committee.
14 Del. C. § 187 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 187
§ Â
        187. Application requirements and procedures.
Status: in_force

(a) A person desiring to obtain a certificate of approval must submit a verified application to the Department setting forth all of the following information:

(1) The name of the postsecondary institution and ownership and controlling officers’ information.

(2) The specific courses, programs of courses, or certificates or degrees that will be offered.

(3) The facility or facilities where instruction will be given, including all websites, applications, or technology through which courses will be offered.

(4) The educational and teaching qualifications of instructors and administrators.

(5) The defined mission with goals and objectives.

(6) The financial resources and records.

(7) The need to establish operations in the State.

(8) Insurance to maintain the postsecondary institution’s solvency in case of loss by fire, fraud, or other causes to protect the postsecondary institution in liability matters, and to assure the postsecondary institution’s continuity of operation.

(9) Funding in the event of closure.

(10) Accrediting agency.

(11) Organizational pattern and administrative structure.

(12) Student services.

(13) Admission, retention, and graduation standards.

(14) Evaluation of faculty, program, and facilities and resources.

(15) Learning resources.

(16) Catalog.

(17) The address of the person’s registered office and the name and address of the person’s registered agent for service of process in the State.

(18) The disclosure of any criminal history and violations of local, state, or federal law.

(b) The application must also contain all of the following commitments:

(1) The person will conduct the postsecondary institution in accordance with federal, state, and local law, and the rules and regulations established by the Department.

(2) The person has appointed and will maintain a registered office and registered agent for service of process in the State.

(3) The person has and will maintain sufficient funds or a surety bond issued by a company authorized to do business in the State in the amount required by the Department in its rules and regulations that will protect the contractual rights of students.

(4) The person has and will maintain a teach-out plan that includes any information required by the Department and states all of the following:

a. The postsecondary institution will make all reasonable efforts to ensure that any closure of the postsecondary institution complies with the requirements of § 192 of this title.

b. Any institutional financial aid agreement offered to a student must contain language stating that, in the event of a closure that is not in compliance with § 192 of this title, the institutional debt will be void and will not be recovered, collected, or enforced.

(5) The person has and will maintain a cancellation policy which must provide a full refund of moneys paid by a student if the student’s enrollment was procured as a result of any misrepresentation in advertising, promotional materials of the postsecondary institution, or representations by the person or a representative of the postsecondary institution or other violation of § 193 of this title.

(6) The person will permit the Department to inspect the postsecondary institution and to make available to the Department information pertaining to the activities required for the administration of this subchapter.

(7) All advertising and solicitation, whether direct or indirect, will be free from misrepresentation, deception, or fraud, and no fraudulent or deceptive statements will be made as to possible future employment opportunities or wage expectations.

(c) The application must be signed by the person under oath.

(d) The application must be submitted to the Department with the applicable fee.

(e) The Department’s regulations shall provide the criteria to be met for approval and the procedures to be followed by an applicant for a certificate of approval.
14 Del. C. § 9219 — Delaware Code / Title 14 / Chapter 92 / Section 9219
§ Â
        9219. Basic salary schedule for Plan A employees.
Status: in_force

(a) Salaries paid to Delaware Technical and Community College Salary Plan A employees shall, upon full implementation, be based on the following index schedule:

(b) Twelve-month salaries shall be determined by multiplying the appropriate 10-month salaries by 1.2.

(c) The salary paid to any Salary Plan A employee shall be determined as follows:

(1) Placement on the index for any Salary Plan A employee shall be based on the employee's actual degree, additional credits, and years of relevant experience as certified by the college on July 1 of the current fiscal year. Advancement for additional degrees and credits completed on and after that date and through December 31 will become effective on January 1. Advancement in any of these areas after January 1 will become effective for salary purposes on July 1 of the following fiscal year.

(2) For Fiscal Year 1995, the minimum increase for a Plan A employee shall be 1.5 percent of the employee’s Fiscal Year 1994 salary.

(d) The Board of Trustees of the College may certify that specific instructional positions are in scarce supply and shall report that determination to the Secretary of the Department of Human Resources, the Director of the Office of Management and Budget and Controller General. After such certification, new hires on the Salary Plan A schedule who are to be engaged in positions of scarce supply may be offered a salary by the Board of Trustees that exceeds the scheduled salary by up to 15%.

(e) During fiscal year 1989, new hires in Salary Plan A shall not receive salaries in excess of the lowest paid employee occupying a cell with the same or higher index value, unless the provisions of subsection (d) of this section have been duly invoked.

(f) The salary paid to any Plan B employee shall be paid in accordance with a merit system comparable pay system. Such a system shall be subject to the following provisions:

(1) For salary purposes, the 37.5 hour merit salary schedule shall be the pay plan for Plan B employees. Salary adjustments shall be granted under the same conditions as listed in § 8(d)(1)(ii) of 70 Del. Laws, c. 118.

(2) a. The class specifications for positions occupied by Delaware Technical and Community College Plan B employees shall be assigned paygrades comparable to the Merit System pay plan using the same criteria authorized by the Department of Human Resources for Merit System positions. Notwithstanding the forgoing, the College is authorized to adopt a separate pay plan for Plan B employees assigned to information technology class specifications and support positions, without impact to the general fund appropriation limit as provided in § 1 of the annual Appropriations Act.

b. Periodic classification maintenance reviews shall be processed under the normal Department of Human Resources maintenance review processes. Critical reclassifications shall be processed under the same general system as the Merit System, subject to final approval of a committee composed of the President of the College, Secretary of the Department of Human Resources, Director of the Office of Management and Budget and Controller General.

(3) The College is authorized to hire at up to 100% of the midpoint of an assigned paygrade upon the signature of the appropriate Vice President and Campus Director; hiring beyond the 100% of midpoint shall require the signatures of the Secretary of the Department of Human Resources, Director of the Office of Management and Budget and Controller General.

(4) Selective market variation and any other special considerations relative to standard compensation exceptions shall be handled in accordance with hiring/compensation procedures outlined in the Merit System.

(5) Vacation and sick leave policies shall remain at the discretion of the College.

(6) Part-time employees' salaries shall not exceed the hourly rate of the grade assigned to comparable full-time employees.

(7) The College may compensate Plan B employees for additional degrees earned. This compensation shall be in the form of a 1-time bonus not added to the employee's base rate, and not paid out of state funds. The College may also provide such additional compensation to Plan B employees as authorized by the Board of Trustees. This compensation shall not be added to the employee's base rate, and shall not be paid out of state funds. This supplement and any 1-time bonus shall not be considered within the pension definitions stated in § 5501(c)-(f) of Title 29, § 5600(3) of Title 29, and § 8351(2) of Title 11.

(8) The College shall retain the ability to underfill any position and to advance any employee in an underfilled position, upon determination of satisfactory performance, to the paygrade to which the position is assigned.

(9) Employee benefits paid by a college plan in addition to state benefits shall remain at the discretion of the College.

(g) The salary plan for administration shall cover full-time employees of Delaware Technical and Community Colleges not covered by Salary Plan A or Salary Plan B. The compensation of an employee on the Administrative Salary Plan (Plan D) shall be computed as follows:

(1) The base salary shall be determined by placement on the same index and in the same manner as Salary Plan A under this section.

(2) In addition to the salary received under this section an employee shall receive an annual amount for administrative responsibility. That amount shall be computed by multiplying the amount provided under this section, by the index volume specified in the schedule below that corresponds with the appropriate classification level and experience level. The experience level shall be determined by the employee’s actual years of experience in the assigned level while in the Administrative Pay Plan at Delaware Technical and Community College.

(3) The new salary for any employee shall not be effective until the presentation by the employee of proof of credentials to support claimed degrees, additional credits, and relevant work experience.

(4) Any changes in the allocation of jobs to grade level shall be approved by the Board of Trustees and filed with the Secretary of the Department of Human Resources, Director of the Office of Management and Budget and the Controller General.

(5) The Board of Trustees may provide additional compensation and benefits with non-state funds to employees in the Administrative Salary Plan.

(h) For each fiscal year, the minimum increase for a Plan A or Plan D employee shall be one-half of the general increase for all eligible merit and merit comparable state employees of the employee's Fiscal Year 1995 salary.
14 Del. C. § 5523 — Delaware Code / Title 14 / Chapter 55 / Subchapter II / Section 5523
§ Â
        5523. Principles governing administration.
Status: in_force

In the administration of §§ 5520-5524 of this title no discrimination shall be made on the basis of field of study, county residence, sex, campus residence or commutation. As long as funds are available to meet the needs of all qualified students, no preference shall be given to 1 student over another because of superior ability or academic accomplishment.
14 Del. C. § 161A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 161A
§ Â
        161A. Definitions.
Status: in_force

As used in this compact, unless the context clearly requires a different construction:

A. “Active duty” means: Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

B. “Children of military families” means: a school-aged child(ren), enrolled in kindergarten through twelfth grade, in the household of an active duty member.

C. “Compact commissioner” means: the voting representative of each compacting state appointed pursuant to § 167A of this title.

D. “Deployment” means: The period 1 month prior to the service members’ departure from their home station on military orders though 6 months after return to their home station.

E. “Education(al) records” means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

F. “Extracurricular activities” means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.

G. “Interstate Commission on Educational Opportunity for Military Children” means: the commission that is created under § 168A of this title, which is generally referred to as Interstate Commission.

H. “Local education agency” means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions.

I. “Member state” means: a state that has enacted this compact.

J. “Military installation” means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

K. “Non-member state” means: a state that has not enacted this compact.

L. “Receiving state” means: the state to which a child of a military family is sent, brought, or caused to be sent or brought.

M. “Rule” means: a written statement by the Interstate Commission promulgated pursuant to § 171A of this title that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

N. “Sending state” means: the state from which a child of a military family is sent, brought, or caused to be sent or brought.

O. “State” means: A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. territory.

P. “Student” means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade.

Q. “Transition” means:

(1) The formal and physical process of transferring from school to school; or

(2) The period of time in which a student moves from 1 school in the sending state to another school in the receiving state.

R. “Uniformed service(s)” means: the Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.

S. “Veteran” means: a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.
14 Del. C. § 1602 — Delaware Code / Title 14 / Chapter 16 / Section 1602
§ Â
        1602. Appropriation.
Status: in_force

The General Assembly shall annually provide an appropriation for the operation of the Comprehensive School Discipline Improvement Program in the budget appropriation bill. From the funds appropriated, the Department may allocate funds to the public school districts for the financial support of various components of the program.
14 Del. C. § 8530 — Delaware Code / Title 14 / Chapter 85 / Section 8530
§ Â
        8530. Ceasing operation.
Status: in_force

All schools that have been approved to operate under this chapter shall perform the duties set forth in § 192 of this title prior to ceasing operation.
14 Del. C. § 509 — Delaware Code / Title 14 / Chapter 5 / Section 509
§ Â
        509. School financing.
Status: in_force

(a) Charter schools shall be eligible for public funds under procedures established by this section. Notwithstanding that this Code may establish procedures for the funding of a public school choice program and that such program may include charter schools among those schools which students may choose, funding for charter schools shall be as provided in this section.

(b) A charter school shall receive a payment with respect to each of its students equal to:

(1) From the State on or before December 31, the funding equivalent to the Division I staffing, including fractional funding of partial units, excluding funding for a Superintendent, Division II — All Other Costs and Energy funding, minor capital improvements and school building maintenance funded generated by the annual student unit count conducted on September 30 of each year in accordance with Department of Education regulations. Minor capital improvements shall be funded in the same manner as the Vocational Technical School Districts. In the case of Division III — Equalization, a charter school shall receive from the State an amount that is determined by weighting the Division III per unit values that would have been generated by its students had they been counted in their district of residence. In addition, a charter school shall receive a prorated portion of any other funds appropriated to the Department of Education that are intended to be allocated on a student, employee or school state share. For the purposes of calculating such funding, each charter school student shall be counted in a separately reported unit count of the charter school, and not counted for any purposes in the student’s district of residence. For any partially funded unit generated at a charter school, the charter school is free to negotiate the use of such unit with the chartering district, and other public school districts, in order to purchase central custodial, administrative, clerical, direct teaching or educationally related services. If such an agreement is not negotiated, a payment based on the average State cost per unit shall be payable to both the charter school and the district issuing the charter, provided that the sum of both fractions justifies an additional unit. The State shall advance 75% of the anticipated funding pursuant to this subsection at the beginning of each fiscal year, provided that the charter school has provided the Department of Education with a preliminary roster of its students on or before May 1 of such year, and does not maintain the status of formal review or probation. The status of formal review or probation shall prompt the Department of Education to advance a level of funding appropriate to pending administrative action. A final roster shall be due September 30. Notwithstanding the above, a charter school in its first year of operation shall receive 50% of the anticipated funding pursuant to this subsection at the beginning of the fiscal year, provided that the charter school has provided the Department of Education with a preliminary roster of its students on or before May 1 of such year. The charter school shall receive an additional 25% of the funding due pursuant to this subsection on October 1 of its first year in operation and shall receive the remaining 25% on February 1 of its first year in operation, provided that the school has completed and posted the required standardized financial report forms and the Department has reviewed those forms and determined that the school’s finances will not at that time lead the Department to submit the school for formal review pursuant to § 515 of this title. A determination that the school will be submitted for formal review shall prompt the Department of Education to advance a level of funding appropriate to pending administrative action. The percentage of funding to be provided to charter schools on July 1 and October 1 pursuant to the above may be increased in the Secretary’s discretion.

(2) From the school districts in which its students reside on or before December 31 of each year, the local cost per student (regular or special education, as the case may be), net of transportation expenses provided for pursuant to § 508 of this title. The school districts in which its students reside shall advance at least 35% of the anticipated funding pursuant to this subsection at the beginning of each fiscal year provided that the charter school has provided the school districts of residence with a preliminary roster of its students on or before May 1 of such year. This advance may be paid from Division III — Equalization funds if the district’s prior fiscal year current expense local funds balance was 20% or less pursuant to § 1507 of this title. A final roster shall be due September 30. In the event of the failure of a school district to make timely payments to a charter school as required in this paragraph, the Department of Education shall have the authority to direct transfer of such funds from future State funding allocations after the school district receives reasonable notice and an opportunity to be heard, as set forth in the rules and regulations established by the Department.

(c) If a parent or legal guardian of a student enrolled outside the district pursuant to this chapter moves during the school year to a district different from the district in which that parent’s or legal guardian’s child resided at the time of the annual unit count, the child’s first district of residence shall continue to be responsible for payments to the charter school for the balance of the school year pursuant to paragraph (b)(2) of this section. The child’s new district of residence shall be responsible for all such payments during succeeding years.

(d) The Department of Education shall annually calculate the local cost per student expended by each school district for each type of student for the year immediately preceding based on the formula set forth in subsection (e) of this section, adjusted by a factor necessary to fund the charter school on a basis reasonably equivalent to the current year local cost per student, which factor shall be established in the annual Appropriations Act. The Department shall annually certify each local district’s local cost per student expenditure by September 1 of each year.

(e) Local cost per student as used in this section shall be calculated as follows:

(f) For any student, who because of educational need requires services that are appropriately financed pursuant to the provisions of Chapter 6 of this title, either at the outset or subsequent to a decision to enroll in a charter school, the student’s district of residence shall remain financially responsible for such student and the charter school shall receive from such district a payment determined in accordance with the provisions of Chapter 6 of this title.

(g) Any payment received by a charter school pursuant to this section may be used for current operations, minor capital improvements, debt service payments or tuition payments. Charter schools shall submit a centralized annual report to include a staff salary section that details pay, increases, and benefits provided for each fiscal year. Reported pay increases must demonstrate how the charter school used all additional appropriated funds from the General Assembly. The report shall be submitted to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Office of the Controller General, and the Office of Management and Budget. The report shall be due no later than December 31 of each year.

(h) The Department of Education, in consultation with the Office of Management and Budget, shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The Department of Education, in consultation with the Office of Management and Budget, shall make the list available to applicants for charter schools and to existing charter schools. The list shall include the address of each building, a short description of the building and the name of the owner of the building.

(i) In return for the receipt by a charter school of state funds allocated directly to the school for extra time, professional development, driver education or disciplinary programs, the school shall provide such programs.

(j) If after September 30, a pupil ceases to be enrolled in a charter school and is thereafter enrolled in a reorganized school district for the balance of the fiscal year, nothing contained in this section shall prevent a charter school which has received any funding for the student and the school district in which the student is subsequently enrolled from entering into an agreement providing for the proration of student funding between or among the charter school and the school district in which the student is subsequently enrolled. Funding in any subsequent fiscal year shall be as otherwise provided in this Code.

(k) A charter school shall display on its website all financial reporting documents as specified in § 513 of this title.

(l) Charter schools shall have the same access to conduit bond financing as any other nonprofit organization, and no state or local government unit may impose any condition or restriction on a charter school’s approval solely because the applicant is a public charter school. It is the further intent that a charter school shall apply for conduit funding to issuers within the State unless more favorable terms may be found elsewhere.

(m) The Department of Education shall administer a performance fund for charter schools, to be known as the “Charter School Performance Fund.” The Department of Education shall establish threshold eligibility requirements for applicants desiring to apply for funding, which shall include but not be limited to a proven track record of success, as measured by a performance framework established by the charter school’s authorizer or comparable measures as defined by the Department. The Department of Education shall also establish criteria to evaluate applications for funding, which shall include but not be limited to the availability of supplemental funding from nonstate sources at a ratio to be determined by the Department. The Department of Education shall prioritize those applications from applicants that have:

(1) Developed high-quality plans for start-up or expansion; or

(2) Serve high-need students, as defined by the Department.

The Fund shall be subject to appropriation and shall not exceed $5 million annually.
14 Del. C. § 5102 — Delaware Code / Title 14 / Chapter 51 / Section 5102
§ Â
        5102. Purpose.
Status: in_force

The leading object of the University shall be to promote the liberal and practical education of persons of all classes in the several pursuits and professions in life through the teaching of classical, scientific and agricultural subjects, the mechanical arts, military tactics and such other subjects as are related to and will contribute to the achievement of the objectives of a land-grant state University.
14 Del. C. § 3705 — Delaware Code / Title 14 / Chapter 37 / Section 3705
§ Â
        3705. Prompt replacement of property.
Status: in_force

The Department of Education and local school districts shall see that the rebuilding of school buildings and the replacement of school equipment, destroyed in whole or in part by fire or other casualty within their respective jurisdictions under this chapter, are carried out with all reasonable dispatch.
14 Del. C. § 4151 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4151
§ Â
        4151. Title IX requirements.
Status: in_force

(a) Any school that receives federal funding and is subject to the requirements of Title IX [20 U.S.C. § 1681 et seq.] shall ensure that students, staff, and faculty are protected from sex-based discrimination, including sex-based harassment.

(b) Any school that receives federal funding and is subject to the requirements of Title IX shall prominently post on their school webpage a section regarding the school’s responsibilities to Title IX. The webpage must contain all of the following:

(1) A brief description of the roles and duties of Title IX administrators:

a. The roles and duties of a Title IX coordinator.

b. The roles and duties of a Title IX investigator.

c. The roles and duties of a Title IX decision-maker.

(2) The name, email address, office address, and phone number of the Title IX coordinator for the school.

(3) A link to the school’s policy manual related to Title IX.

(4) The right of a student, staff, and faculty to file a complaint to start an investigation into a report of sex-based discrimination, including sex-based harassment.

(5) A link to the appropriate form to make a complaint.

(6) A link to the most recent version of the frequently asked questions webpage regarding Title IX from the U.S. Department of Education’s Office for Civil Rights.

(7) The right of a student, staff, and faculty who reports sex-based discrimination, including sex-based harassment, to receive supportive measures, regardless of whether there is an investigation.

(8) Provide an explanation of and list of examples of supportive measures that may be available to assist students, staff, and faculty who report sex-based harassment.

(c) At the beginning of the academic school year, every Title IX coordinator shall provide a written reminder to all school staff and faculty regarding the school’s policy for reporting sex-based discrimination, including sex-based harassment, and how to make a report pertaining to sex-based discrimination or sex-based harassment.
14 Del. C. § 4008 — Delaware Code / Title 14 / Chapter 40 / Section 4008
§ Â
        4008. Unfair labor practices â Disposition of complaints.
Status: in_force

(a) The Board is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 4007(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.

(b) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of employee. If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.

(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper.
14 Del. C. § 3002 — Delaware Code / Title 14 / Chapter 30 / Subchapter I / Section 3002
§ Â
        3002. Early Childhood Council.
Status: in_force

(a) The Delaware Early Childhood Council (ECC) shall be the State Advisory Council on Early Childhood for children from birth to 8 years of age, and carry out all such functions designated in the federal Improving Head Start for School Readiness Act of 2007 [P.L. 110-134] et seq., and those functions designated herein and those assigned by the Governor, the General Assembly, and the Interagency Resource Management Committee (IRMC), provided sufficient moneys are available from the annual State appropriations act, federal funding, private funding, or a combination thereof.

(b) The ECC shall be comprised primarily of private sector members but shall include all representatives as designated in the above-referenced federal legislation and shall advise the Governor and General Assembly on a continuing basis, working with the IRMC, concerning the status and improvement of services of the early childhood sector and the implementation of the State’s early childhood strategic plan. In addition to any responsibilities assigned by the Governor through the IRMC, the Delaware Early Childhood Council shall make recommendations to the Governor, the General Assembly, and the IRMC that promote the appropriate coordination and effectiveness of state services and policies. The ECC shall be responsible for maintaining and expanding a statewide network of early care and education institutions that includes providers, advocates, state program officers, private and nonprofit community institutions, and others who support the development and delivery of high quality early childhood services.

(c) In addition to the ECC’s other functions, the ECC shall do all of the following:

(1) Advise and consult with Office of Child Care Licensing (OCCL) regarding the development, adoption, promulgation, and amendment of the rules, regulations, and policies required to carry out Chapter 30A of this title with respect to early care and education, family and large family child care homes, and school-age centers.

(2) Encourage OCCL to communicate with individuals and entities licensed under Chapter 30A of this title and to facilitate the communication.

(3) Encourage OCCL to enforce Chapter 30A of this title in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.
14 Del. C. § 9007 — Delaware Code / Title 14 / Chapter 90 / Section 9007
§ Â
        9007. Effective dates.
Status: in_force

The first monthly report required under § 9003(a) of this title shall be published by September 4, 1993. Annual reports required under § 9003(b) of this title shall be published no later than September 1.
14 Del. C. § 2301 — Delaware Code / Title 14 / Chapter 23 / Section 2301
§ Â
        2301. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Evaluation detail component” is a site inspection template and assessment system that allows for individual district comment, incorporated within the facilities evaluation instrument, used to evaluate the areas of a school on a category by category basis.

(3) “Facilities evaluation instrument” means a document developed by the Department of Education that includes the evaluation detail component and the standard of good repair that is used to determine whether a school facility is in good repair. The facilities evaluation instrument may not require capital improvements beyond the standards to which the facility was designed and constructed.

(4) “School board” means a board of education of a reorganized school district.

(5) “School facilities” means any permanent building, portable building or structure, or commercial space owned, rented, operated, or leased by boards of education, including donated space, used as a classroom or for child care or any other space for education services including classrooms, cafeterias, staff lounges, staff offices, auditoriums, gymnasiums, or libraries.

(6) “Standard of good repair” means that part of the facilities evaluation instrument which outlines the school facility systems and components, as specified in this section, that should be considered in the inspection of a school facility to ensure that it is maintained in a manner that assures it is clean, safe, and functional.
14 Del. C. § 3411A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3411A
§ Â
        3411A. Administration.
Status: in_force

(a) This subchapter shall be administered by the institution.

(b) The institution shall adopt such rules and regulations as it deems necessary and proper to the administration of this subchapter. Such rules and regulations may include an appeals process to grant exceptions to the eligibility requirements set forth in § 3412A(a)(6) of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to military service, participation in a full-time volunteer service program, or a documented medical condition. Admission deferrals of up to 1 calendar year in duration may be offered to those students who defer admission due to military service, participation in a full-time volunteer service program, or a documented medical condition. Upon passage of 1 year, students may appeal for an admission deferral for 1 additional consecutive year for the reasons stated above.

(c) The institution shall annually report to the General Assembly of the State the names of its students enrolled in the Inspire Scholarship Program and the total amount of expenditures made under this subchapter.
14 Del. C. § 3502 — Delaware Code / Title 14 / Chapter 35 / Section 3502
§ Â
        3502. Financing costs.
Status: in_force

(a) Whenever any part-time schools or classes have been established in accordance with this chapter and the rules and regulations established by the Department and have been approved by the Department, the school district shall be entitled to reimbursement from federal and state funds available for the promotion of vocational education for the expenditures made for the salaries of teachers of such part-time schools or classes and such reimbursement shall be apportioned by the Department.

(b) The local board of any school district may raise and expend moneys for the support of such part-time schools or classes in a manner similar to that by which moneys are raised and expended for other school purposes. School boards may make a levy sufficient to cover expenses of such schools over and above the amount now provided for school purposes.
14 Del. C. § 3436 — Delaware Code / Title 14 / Chapter 34 / Subchapter IV / Section 3436
§ Â
        3436. Mental health critical need reimbursement program.
Status: in_force

(a) It is the purpose of this program to encourage school-based employees to become licensed mental health providers and remain school employees.

(b) To be eligible for this program, an applicant must meet all of the following criteria:

(1) Be a full-time employee of a Delaware public school district or a charter school.

(2) Enrolled in a credit-bearing program intended to lead to certification or licensure appropriate for a full-time mental health services provider as required by the Board of Mental Health and Chemical Dependency Professionals.

(3) Have signed a written commitment to work in a Delaware school for at least 3 years after receiving the certification or licensure for which they receive reimbursement under this section.

(c) An eligible institution of higher education is an in-state or out-of-state regionally accredited college or university.

(d) (1) Reimbursement will be provided to eligible institutions for up to 6 credits of approved coursework that meets Department of Education requirements.

(2) Reimbursement funds shall be distributed to the institution of higher education upon course completion with a 2.0 or higher on a 4.0 scale for credit bearing courses or an equivalent passing grade in a noncredit-bearing course. Eligible institutions must verify enrollment and course grades prior to disbursement of funds.

(3) Funding may not exceed the cost of tuition and fees or the equivalent at the highest cost public institution in Delaware. If funding exceeds the appropriation, eligible institutions of higher education will be awarded funds in a prorated share of the applicant pool.

(4) The Department may set aside funds as available for school employees meeting these criteria as demand requires.
14 Del. C. § 5520 — Delaware Code / Title 14 / Chapter 55 / Subchapter II / Section 5520
§ Â
        5520. Establishment of aid program; purpose.
Status: in_force

There is established a program to provide financial aid to needy Delaware residents who are enrolled or selected as undergraduate students at the University of Delaware to the end that no resident of this State shall be denied an opportunity for a college education because of financial need.
14 Del. C. § 8226 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8226
§ Â
        8226. Discipline; adverse actions.
Status: in_force

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

(b) Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of teachers in other member states upon request. Any member state receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
14 Del. C. § 160A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 160A
§ Â
        160A. Purpose.
Status: in_force

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or districts or variations in entrance/age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.
14 Del. C. § 1307 — Delaware Code / Title 14 / Chapter 13 / Section 1307
§ Â
        1307. Salary schedule for principals subordinate to a chief school officer.
Status: in_force

A principal who is subordinate to a chief school officer in a district shall receive as a salary the amount for which that principal qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule or by multiplying the appropriate index value specified in the 2nd schedule by the amount provided under § 1305(a), (b) and (d) of this title, whichever is greater.

(1) Full-time principals:

(2) During the fiscal year beginning July 1, 1988, and annually thereafter, a reorganized school district may employ 1 full-time principal for each administrative unit in a school building or combination of school buildings having 15 or more Division I state units of pupils who shall be paid from state funds for 12 months in accordance with this section, and in accordance with the rules and regulations of the Department with the approval of the State Board of Education. Division I state units in excess of 15 in 1 school building qualifying for a full-time principal shall not be counted toward entitlement for a principal for a combination of buildings.

(3) During the fiscal year beginning July 1, 2000, and annually thereafter, a school district may employ 1 full-time assistant principal in a school which enrolls 30 or more Division I units of pupils or 65% of a unit for schools which enrolls 25 but less than 30 Division I units of pupils; and the school district may employ a second assistant principal when the enrollment reaches 55 Division I units or 65% of a unit when enrollment reaches 50 units but less than 55 units; subsequent assistant principals may be employed on the basis of 1 assistant principal for each 20 Division I units of pupils beyond the first 55 for which the principal and the first 2 assistant principals are authorized. Any fractional units provided herein must be assigned to the school which generated the fractional unit. This section and § 1321(e)(4) of this title notwithstanding, 1/2 the total number of assistant principals in a reorganized school district may be classified as supervisors. Assistant principals shall not be charged against the allotment of classroom teachers or other personnel provided by these units. All assistant principals shall be paid from state funds for 12 months per year the amount for which they are eligible under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the appropriate index value specified in the second schedule, whichever is greater.
14 Del. C. § 3138 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3138
§ Â
        3138. Hearing rights; procedure.
Status: in_force

(a) Any party to a hearing has the right to:

(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

(2) Present evidence and confront and cross-examine adverse witnesses;

(3) Compel the attendance of witnesses as authorized by § 3139 of this title;

(4) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing;

(5) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing, at public expense;

(6) Obtain a written or, at the option of the parents, electronic decision which includes findings of fact and law.

(b) Parents involved in hearings must be given the right to:

(1) Have the child who is the subject of the hearing present; and

(2) Open the hearing to the public.

(c) The hearing panel shall ensure that parents who have requested a hearing have been advised of the procedural safeguards provided by this subchapter.

(d) Any hearing must be conducted at a time and place which is reasonably convenient to the parents and child involved.

(e) Any testimony presented at a hearing authorized by this section shall be under oath or affirmation.

(f) Copies of all written decisions shall be provided to the Advisory Council for Exceptional Citizens after deleting any personally identifiable information.

(g) Following any disposition under this chapter which entitles a parent to attorneys’ fees under state or federal law, said parent shall also be awarded the reasonable fees of expert witnesses and the reasonable costs of any tests or evaluations necessary for the preparation of the parent’s hearings. Awards made pursuant to this section shall not be made with the use of funds previously designated for the direct provision of education or services to children. Each school district and charter school shall report annually to the Department of Education, in a form to be determined by the Department, the amount of all awards made pursuant to this subsection and the source of funds for such awards.
14 Del. C. § 1712 — Delaware Code / Title 14 / Chapter 17 / Section 1712
§ Â
        1712. Transfer of appropriation of closed and consolidated district.
Status: in_force

In the case of any closing and consolidation of a school district, the permanent Budget Commission may transfer the unexpended balance, or any part thereof of any appropriation under this chapter for the closed district or districts to the appropriation of the district or districts with which any such closed districts are consolidated.
14 Del. C. § 4164 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4164
§ Â
        4164. School bullying awareness and prevention; criminal youth gang detection.
Status: repealed

(a) School bullying prevention and criminal youth gang detection training program. —

The Department of Justice and the Department of Education, in collaboration with law-enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators, shall identify and maintain a school bullying prevention and criminal youth gang detection training program for school district and charter school employees. The Department of Justice and the Department of Education, in collaboration with law-enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators, 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) Prohibition of bullying. —

(1) Each school district and charter school shall prohibit bullying and reprisal, retaliation, or false accusation against a target, witness, or one with reliable information about an act of bullying.

(2) Each school district and charter school shall establish a policy which, at a minimum, includes the following components:

a. A statement prohibiting bullying of any person on school property or at school functions or by use of data or computer software that is accessed through a computer, computer system, computer network, or other electronic technology of a school district or charter school from kindergarten through grade 12. For purposes of this section, “school property” and “school functions” mean as defined in § 4112 of this title.

b. A definition of bullying no less inclusive than that in § 4161 of this title.

c. Direction to develop a school-wide bullying prevention program.

d. A requirement that each school establish a site-based committee that is responsible for coordinating the school’s bully prevention program including the design, approval, and monitoring of the program. A majority of the members of the site-based committee must be members of the school professional staff, of which a majority must be instructional staff. The committee also shall contain representatives of the administrative staff, support staff, student body (for a school enrolling students in grades 7 through 12), parents, and staff from the before- or after-school program or programs. These representatives shall be chosen by members of each respective group, except that the school principal shall appoint the representatives of the nonemployee groups. The committee shall operate on a 1-person, 1-vote principle. If a site-based school discipline committee has been established under § 1605(7)a. and b. of this title, that committee shall vote whether to accept the responsibilities of this paragraph (b)(2)d.

e. A requirement that any school district or charter school employee that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying must immediately report it to the administration.

f. A requirement that each school have a procedure for the administration to promptly investigate in a timely manner and determine whether bullying has occurred, and that such procedure include investigation of such instances, including a determination of whether the target of the bullying was targeted or reports being targeted wholly or in part due to the target’s race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity or expression, or national origin. This subsection does not preclude schools from identifying other reasons or criteria why a person is a target of bullying.

g. A requirement that, to the extent that funding is available, each school develop a plan for a system of supervision in nonclassroom areas. The plan must provide for the review and exchange of information regarding nonclassroom areas.

h. An identification of an appropriate range of consequences for bullying.

i. A procedure for a student or parent to provide information on bullying activity. However, this paragraph does not permit formal disciplinary action solely based on an anonymous report.

j. A requirement that a parent of any target of bullying or perpetrator of bullying be notified and provided with a form to be generated by the Department of Justice describing the role of the Department of Justice School Ombudsman and providing contact information. This form must also inform a parent of the parent’s right to know when the bullying incident in question has been reported to the Department of Education under paragraph (b)(2)k. of this section.

k. A requirement that all reported incidents of bullying, regardless of whether the school could substantiate the incident, be reported to the Department of Education within 5 working days under Department of Education regulations. The school shall notify a parent of all students involved in the reported incident when the report is made.

l. A statement prohibiting retaliation following a report of bullying.

m. A procedure for communication between school staff members and medical professionals who are involved in treating students for bullying issues.

n. A requirement that the school bullying prevention program be implemented throughout the year, and integrated with the school’s discipline policies and § 4112 of this title.

(c) Dissemination of policy and accountability. —

(1) Each school district and charter school shall adopt the policy consistent with subsection (b) of this section and submit a copy to the Department of Education by January 1 of each year, or by January 1 of a newly approved charter school’s first year of operation. For purposes of this paragraph, “submit” includes providing access to the policy via the school district’s or charter school’s website. Each school district and charter school shall submit a revised policy to the Department of Education within 30 calendar days of a school district’s or charter school’s revision. The Department of Education shall review a policy or a revised policy submitted under this paragraph for compliance with state and federal law.

(2) Each school district and charter school shall include the policy adopted under subsection (b) of this section 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 distribute a copy of the policy annually to all students, parents, faculty, and staff. Each school district and charter school shall provide the telephone number of the Department of Justice School Ombudsperson in writing to parents, students, faculty, and staff and provide the telephone number on the school district’s or charter school’s website and the website of each school in the school district. Each school district shall prominently display the telephone number of the Department of Justice School Ombudsperson in each school in the school district. Each charter school shall prominently display the telephone number of the Department of Justice School Ombudsperson in the school.

(3) [Repealed.]

(4) The Department of Education shall prepare an annual report, which must include a summary of all reported and all substantiated incidences of bullying, a summary of the information gathered under paragraph (b)(2)f. of this section, and the results of audits conducted under paragraph (d)(4) of this section. The Department shall post the report required by this subsection on its website.

(d) Duties of the Department of Education. —

(1) The Department of Education shall collaborate with the Department of Justice to identify and maintain a model policy that is applicable to kindergarten through grade 12, and post this policy, along with the contact information for the School Ombudsperson, on their websites in order to assist the school districts and charter schools. In addition, the Department of Education shall promulgate a uniform cyberbullying policy, which shall be based upon a model prepared by the Department of Justice and public comment upon that model. Each school district and charter school shall adopt the Department’s uniform cyberbullying policy within 90 days of the policy becoming final.

(2) Distribution of the Comprehensive School Discipline Improvement Program funds to a school district and charter school provided in the General Appropriations Act starting in fiscal year 2009 and thereafter is contingent upon Department of Education approval of the school district’s or charter school’s bullying prevention policy.

(3) To the extent that funding is available, the Department of Education shall provide for an award system for schools with exemplary programs based on criteria promulgated by the Department.

(4) The Department of Education shall conduct random audits of schools to insure compliance with paragraphs (b)(2)i. and (b)(2)k. of this section. The Department shall report the results of these audits annually in the report required by paragraph (c)(4) of this section.

(e) 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 bullying in good faith and to the appropriate person using the procedures specified in the school district’s or charter school’s bullying prevention policy, but there is no such immunity if the act of reporting constituted gross negligence or reckless, wilfull, or intentional conduct.

(f) Other defenses. —

(1) The physical location or time of access of a technology-related incident is not a valid defense in any disciplinary action by the school district or charter school initiated under this section provided there is sufficient school nexus.

(2) This section does not apply to any person who uses data or computer software that is accessed through a computer, computer system, computer network, or other electronic technology when acting within the scope of that person’s lawful employment or investigation of a violation of this section in accordance with school district or charter school policy.

(g) Relationship to reporting requirements. —

An incident may meet the definition of bullying and also the definition of a particular crime under state or federal law. 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§ 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) [Repealed.]
14 Del. C. § 1054 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1054
§ Â
        1054. Vacancy on school board.
Status: in_force

(a) (1) a. Except as otherwise provided in this subsection, if a school board member ceases to be an inhabitant of the reorganized school district, that member shall cease to be a member of its school board. For purposes of this subsection, a school board member who is not physically present in the school board member’s district for more than 75% of the days in any consecutive year-long period of the school board member’s term is no longer an inhabitant of the district.

b. A school board member whose absence from the district is attributable to deployment in military service is still considered physically present in the district during any period of deployment for purposes of a calculation under paragraph (a)(1)a. of this section.

c. A school board member whose absence from the district is due to an event that can neither be anticipated nor controlled is not considered absent during such time for purposes of a calculation under paragraph (a)(1)a. of this section.

(2) If a resident of a reorganized school district has good cause to believe that a school board member has ceased to be an inhabitant of a reorganized district during that school board member’s term, but the school board has not declared a vacancy, the resident may bring an action in the Superior Court to have the school board member’s seat declared vacant.

(3) If the Court issues an order declaring the school board member is no longer an inhabitant of the reorganized school district and declaring the school board member’s seat vacant, that member shall cease to be a member of its school board. The remaining school board members shall then proceed under subsection (b) of this section.

(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below:

(1) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than 5 business days following the vacancy.

(2) A person appointed to fill a vacant seat must meet the qualifications to be elected to that seat, including the completion of a background check as required under § 209 of this title. The Commissioner of Elections must make a determination that an individual seeking appointment is qualified under §§ 209 and 1052 of this title before the individual may be appointed.

(3) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district.

(4) When a vacancy occurs on a School Board after the second Friday in February of a fiscal year and on or before the filing deadline established in § 1075(a) of this title, the Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline shall be the first business day following that Saturday, Sunday or state holiday.

(c) In the event that a majority of or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Candidate filings and elections held or appointments made pursuant to this section shall be held or made in accordance with this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members.

(d) In the event of vacancies under this section which are to be filled at the next regular school board election, candidates shall file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title.
14 Del. C. § 8517 — Delaware Code / Title 14 / Chapter 85 / Section 8517
§ Â
        8517. Investigations by Department upon its own motion or upon verified complaint; opportunity for correction.
Status: in_force

The Department may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal or revocation under this chapter, investigate the actions of any applicant or any person or persons holding or claiming to hold a certificate or permit.

However, before proceeding to a hearing on the question of whether a certificate of approval shall be refused or revoked for any cause enumerated in § 8516 of this title, exclusive of those causes enumerated in paragraphs (3) and (4) of that section, the Department may grant a reasonable time to the holder of or applicant for a certificate of approval to correct the situation. If within such time, the situation is corrected, no further action leading to refusal or revocation shall be taken.
14 Del. C. § 8246 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8246
§ Â
        8246. Active military members or their spouses.
Status: in_force

A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold a home state license in any of the following locations:

(1) The licensee’s permanent residence.

(2) A member state that is the licensee’s primary state of practice.

(3) A member state where the licensee has relocated pursuant to a permanent change of station (PCS).
14 Del. C. § 3106A — Delaware Code / Title 14 / Chapter 31A / Section 3106A
§ Â
        3106A. Child Find.
Status: in_force

(a) The Department shall conduct Child Find activities to ensure early identification and assessment of children who may be eligible for services under this chapter. Child Find must include the opportunity for all children from birth through 35 months, who have not already been found eligible for services under this chapter, to receive annual developmental screening.

(b) Child Find must include online developmental screening and collaboration with home visiting programs and child care providers, including school districts and Head Start.
14 Del. C. § 4304.  — Delaware Code / Title 14 / Chapter 43 / Section 4304. 
§ Â
        4304. . Collaboration with local school districts.
Status: in_force

The Division of Public Health and the Department of Education shall collaborate with local school districts to identify information and technical resources to guide schools in improving the indoor environment based on the requirements of this chapter.
14 Del. C. § 4801 — Delaware Code / Title 14 / Chapter 48 / Section 4801
§ Â
        4801. Purpose.
Status: in_force

Child-centered, play-based learning is the most rigorous and most developmentally-appropriate way for children in the early childhood grade levels to learn literacy, science, technology, engineering, art, and math academic concepts. Therefore, it is the intent of the General Assembly to encourage local education agencies and the Department of Education to include play-based learning in all curricula domains from preschool through second grade and to provide professional development in play-based learning for all public school early childhood educators in preschool through second grade.
14 Del. C. § 1093 — Delaware Code / Title 14 / Chapter 10 / Subchapter V / Section 1093
§ Â
        1093. State salary schedules.
Status: in_force

The state salaries for the several categories of school employees shall be in accordance with salary schedules set forth in this title except that no such schedule shall prevent a school district from increasing those salaries by the amount of a supplement appropriately provided by the local school district including Division III state funds, and from funds other than those appropriated by this State.
14 Del. C. § 8602 — Delaware Code / Title 14 / Chapter 86 / Section 8602
§ Â
        8602. Membership.
Status: in_force

(a) (1) The Governor shall appoint all voting DACCTE members, who serve at the Governor’s pleasure. The voting members must represent, at a minimum, the following:

a. An individual knowledgeable about the vocational needs and the problems of management and labor in the State.

b. An individual representing an industrial and economic development agency.

c. An individual representing an institution of higher education.

d. An individual representing an institution that provides programs of career and technical education and training.

e. An individual knowledgeable about programs in technical and career education.

f. An individual representing a school board.

g. An individual knowledgeable about students with disabilities.

h. An individual representing business and industry and familiar with current and projected employment opportunities.

i. An individual representing a career and technical student organization.

j. An individual representing the Delaware National Guard.

k. An individual representing the general public, with a demonstrated interest in public education.

l. An individual to serve as chair.

(2) The Governor may not appoint a member to represent more than 2 of the membership qualifications under paragraph (a)(1) of this section.

(3) The Secretary of the Department of Education shall appoint the following nonvoting DACCTE members:

a. A representative of the Department of Education.

b. A student enrolled in a Delaware career and technical education program, whose term is for 1 school year. The Secretary shall consider geographical and other diversities in appointing this member.

(b) A member may be removed by the member’s appointing authority for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of Board meetings in a calendar year. The member’s appointing authority may consider the member to have resigned, and may accept the member’s resignation.
14 Del. C. § 9109 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9109
§ Â
        9109. Aid to needy Delaware students.
Status: in_force

(a) There is established a program to provide financial aid to needy Delaware residents who are enrolled or selected as students of the Delaware Technical and Community College to the end that all students from all economic levels should have an opportunity to obtain the technical training needed and that the State should not be denied the benefit of persons who are highly trained in technical areas.

(b) The aid program shall be administered by an officer of the Delaware Technical and Community College who is designated by the president as responsible for the institution’s financial aid program.

(c) Each applicant for aid shall provide, on forms supplied by the college, all biographical and financial information needed, together with a parents’ financial statement. Financial grants shall not be for any fixed amount per student and grants shall be made available to students who have qualified to matriculate or to continue their courses of study solely upon the basis of economic need. All grants shall be for 1 year or for 1 semester and may be renewed if a qualified student reapplies in the same manner required for an initial request for assistance.
14 Del. C. § 176A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 176A
§ Â
        176A. Severability and construction.
Status: in_force

(A) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(B) The provisions of this compact shall be liberally construed to effectuate its purposes.

(C) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
14 Del. C. § 222 — Delaware Code / Title 14 / Chapter 2 / Subchapter II / Section 222
§ Â
        222. Wilmington Neighborhood Schools Committee.
Status: in_force

(a) The Wilmington Neighborhood Schools Committee shall consist of 17 members, as follows:

(1) Two members designated by the Mayor of the City of Wilmington;

(2) Three members designated by the President of City Council for the City of Wilmington;

(3) One member designated by the Governor with such member being a resident of the City of Wilmington;

(4) One member designated by the President Pro Tempore of the Senate with such member being a resident of the City of Wilmington;

(5) One member designated by the Speaker of the House of Representatives with such member being a resident of the City of Wilmington;

(6) Two members representing the Wilmington business community designated by the Mayor;

(7) One member from a community based organization designated by the Mayor;

(8) One member from a community based organization designated by the President of City Council;

(9) One member from each of the 4 school boards with such persons serving from a Wilmington nominating district; and

(10) One member residing in the City of Wilmington and representing the New Castle County Vo-Tech School District.

(b) Each member shall serve at the pleasure of the holder of the office or the entity having the authority to appoint the member to the Committee. The Chairperson of the Committee shall be designated by the Mayor from the 17 members and serve as Chairperson at the pleasure of the Mayor. The majority of the Committee shall constitute a quorum and no motion or resolution of the Committee may be adopted without the approval of a majority of its members.

(c) The Committee shall not be compensated but shall be reimbursed for reasonable and necessary travel expenses incurred in connection with the performance of its official duties. Funding for the research and analysis required by this section shall also be provided by the Department of Education.

(d) The Committee shall review and analyze current public school feeder patterns, current resource allocations among the districts, current populations of children residing in the City of Wilmington attending public schools, and population projections for children residing in the City of Wilmington likely to attend public schools in the future.

(e) Based on the information and analysis, the Committee shall submit recommendations to the Mayor of the City of Wilmington and the City Council by January 3, 2001, concerning the creation of a Wilmington School District, neighborhood schools within the current district configurations, or neighborhood schools under some alternative district configuration. The recommendations shall identify specific time lines for implementation as well as specific actions, legislative or otherwise, required to implement the recommendations. The recommendations shall also estimate the costs or savings both in terms of capital expense and/or operational expense based on existing unit count allocations and the required local match. Prior to submitting the recommendations, the Committee shall hold at least 5 public hearings to take testimony and questions from members of the public and other interested stakeholders.

(f) Upon review and consideration of the Committee’s recommendations, the City Council and the Mayor of the City of Wilmington shall forward their plan on behalf of the City of Wilmington to the General Assembly by March 15, 2001. The plan shall identify specific time lines for implementation as well as specific actions, legislative or otherwise, required to implement the recommendations. The plan shall also estimate the costs or savings both in terms of capital expense and/or operational expense based on existing unit count allocations and the required local match. The General Assembly shall act on the plan by June 30, 2001.