14 Del. C. § 3142 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3142
§ Â
        3142. Judicial review.
Status: in_force

(a) Any party aggrieved by the decision of the hearing panel may file a civil action in the Family Court. Such proceeding shall be initiated by the filing of a complaint within 90 days of the date of the decision.

(b) In any action brought under this section, the Court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party and, basing its decision on the preponderance of the evidence, shall grant such relief as the Court determines is appropriate.

(c) The Secretary of Education, or the Secretary’s designee, shall certify and file with the Court the record of the administrative hearing, which shall include all documents submitted, a transcript of all testimony, and the decision of the hearing panel.
14 Del. C. § 4135 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4135
§ Â
        4135. American Sign Language.
Status: in_force

American Sign Language shall be recognized as and considered a world language for purposes of school curriculum and any course of instruction, involving any school district or public school in the State.
14 Del. C. § 5530- 5531 — Delaware Code / Title 14 / Chapter 55 / Subchapter III / Section 5530- 5531
§ ÂÂ
        5530, 5531.  Administration of program; advisory committee.
Status: repealed

Repealed by 73 Del. Laws, c. 188, § 8, effective July 17, 2001. For present law, see § 3424 of this title.
14 Del. C. § 1507 — Delaware Code / Title 14 / Chapter 15 / Section 1507
§ Â
        1507. School district financial position reports.
Status: in_force

(a) Beginning with the fiscal year ending June 30, 1997, all public school districts, including vocational-technical school districts, both sometimes referred to herein as “district,” are required to submit to the Secretary of Education, 3 financial position reports, 1 on or before February 1, 1 on or before May 1 and 1 on or before August 31 of each year. The format of the reports shall be as prescribed by the Secretary consistent with the provisions of this section, and also shall establish that the school district has sufficient year-end carryover balances, including any nonstate funded share, to fund at least 1 month of local payroll for the next ensuing fiscal year.

The financial position report due by February 1 shall project a school district’s current fiscal year ending balance in its local current expense revenue accounts after taking into consideration all remaining local operating obligations that can be reasonably estimated. To the extent that a district has General Fund balances in their Division III Equalization Accounts, Division II—All Other Costs and Energy Accounts, or in an approved cash option account, such balances may be identified as offsets to any local obligation. If the financial position report shows a deficit occurring prior to the close of the current fiscal year, the district shall indicate what steps it will take to assure that its obligations are satisfied in the current fiscal year. If the financial position report shows a current expense deficit for the current fiscal year, or a surplus that is less than the amount required to satisfy 1 month’s full local payroll and other operating obligations for the ensuing fiscal year, the district shall also indicate what steps it plans to take in the ensuing fiscal year to assure that its future year-end balance will be sufficient to cover at least this amount.

The financial position report due by May 1 shall project a school district’s current fiscal year ending balance in its local current expense revenue accounts after taking into consideration all remaining local operating obligations that can be reasonably estimated. To the extent that a district has General Fund balances in their Division III Equalization Accounts, Division II—All Other Costs and Energy Accounts, or in an approved cash option account, such balances may be identified as offsets to any local obligation. If the financial position report shows a deficit occurring prior to the close of the current fiscal year, the district shall indicate what steps it will take to assure that its obligations are satisfied in the current fiscal year. If the financial position report shows a current expense deficit for the current fiscal year, or a surplus that is less than the amount required to satisfy 1 month’s full local payroll and other operating obligations for the ensuing fiscal year, the district shall also indicate what steps it plans to take in the ensuing fiscal year to assure that its future year-end balance will be sufficient to cover at least this amount.

The financial position report due on or before August 31 of the ensuing fiscal year shall be focused exclusively on local district payroll obligations through and including the October 15 payroll cycle. This report shall compare the district’s year-end current expense balances from the previous fiscal year, and its preliminary Division III Equalization appropriation for the current year (which amount shall be based on 75% of the Division III amount earned in the previous fiscal year), with the district’s projected local salary obligations through October 15. To the extent that this report shows a deficit, the district shall report what steps it will take to meet its payroll obligations through October 15. If the August 31 report projects an October 15 surplus that is less than the amount required to cover 1 month’s full local payroll cycle, the district shall also indicate what steps it plans to take to attempt to assure that such a minimum balance will be in place in the subsequent fiscal year.

Whenever the August 31 report shows that a district will be unable to meet all or some of its payroll obligations through October 15, the district may meet those obligations by requesting from the Secretary of Education with the approval of the Secretary of Finance and the Director of the Office of Management and Budget an advance of state funds in an amount sufficient to cover the district’s payroll obligations through October 15. Upon such request and approval, the Secretary of Finance shall cause to have the requested funds advanced to the district, and the district shall reimburse the State for those funds no later than November 15 of the same year. In addition, the district shall pay an amount to the State for interest defined as the average rate of return on state investments during the period of the loan.

The financial position report shall have been reviewed and approved by the school board of each reorganized school district and be made a part of the public record of that school district. An electronic copy of each report shall be submitted to the Department of Education by the dates specified above. The Department of Education shall provide copies of the submitted reports to the Director of the Office of Management and Budget and the Controller General within 5 working days of all submissions.

(b) Notwithstanding any provision in this Code to the contrary, a minimum of 25% of all projected state funding to any school district, including a vocational-technical school district shall be withheld until the submission of the financial position report required to be filed on or before August 31 pursuant to the provisions of subsection (a) of this section, and the acceptance thereof as satisfactory in the sole discretion of the Secretary of Education, and the certification of the school district’s unit count in accordance with this Code and any rule or regulation promulgated in accordance therewith.

(c) If a school district materially alters its financial position after providing any report required by this section, the school district shall provide financial impact statements to the Department of Education, the Office of Management and Budget and the Office of the Controller General, specifying the nature of such change and its impact upon its previously filed financial position report.

(d) Any school district that fails to comply with this section or any provision herein shall be subject to review, including all of its books and financial records, by the Department of Education, the Office of Management and Budget and the Office of the Controller General in order to determine whether the school district is financially stable.
14 Del. C. § 8902A — Delaware Code / Title 14 / Chapter 89A / Section 8902A
§ Â
        8902A. Provisions.
Status: in_force

(a) The Delaware Office of Volunteerism, and the Department of Education, having knowledge of bona fide volunteer opportunities, shall make those opportunities known to high school students through the schools’ guidance counseling program and shall update their information regularly.

(b) High schools, through school counselors, shall promote known opportunities to students by stressing the desirability of giving back to one’s community, helping people and of the benefits of such experience in the process of finding employment and applying for acceptance in institutions of secondary education. High schools that offer the volunteer credit must inform students of the option to earn up to 1 elective credit through volunteer work at or before the time students select classes. Information provided under this section must include that students may be able to volunteer for a local fire department.

(c) (1) A student in grades 9-12 who performs voluntary community service for at least 45 hours per semester for 2 semesters shall receive 1 Delaware Volunteer credit. The credit may count as an elective for graduation requirements if approved by, and conducted under the supervision of, the school principal. This credit shall appear prominently on the student’s high school transcript. The Department of Education shall prepare a statement of explanation of the Delaware Volunteer credit and attach the statement to or include it on its response to any official transcript request for a student transcript that contains the credit. Voluntary community service performed during the summer or other recess periods shall count toward the fulfillment of required hours.

(2) To qualify for Delaware Volunteer credit:

a. Volunteer community service shall not be performed during the hours that the student is required to be in attendance at school.

b. Volunteer community service may be performed only with an organization or project whose name has been submitted to a school guidance counselor by the Delaware Office of Volunteerism or the Department of Education, or with a local fire department.

c. Volunteer community service shall not be of a political or advocacy nature.

(3) A student’s volunteer community service time shall be verified by a director or supervisor of the organization or project on forms developed by the Department of Education and the Delaware Office of Volunteerism, and certified by the student’s guidance counselor or principal, or by the principal’s designee.

(4) A student who earns a Delaware Volunteer credit pursuant to this section shall also receive a certificate of recognition, developed by the Department of Education and the Office of Volunteerism, to document the student’s volunteer community service.

(5) No more than 1 Delaware Volunteer credit shall be awarded to any student.
14 Del. C. § 3434A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVII / Section 3434A
§ Â
        3434A. Administration of the Program.
Status: in_force

(a) The Office shall administer the Program. The Office shall coordinate with the Department and each institution of higher education to provide resources and assistance to eligible students and to achieve the purposes of the Program.

(b) In implementing the Office’s role in administering the Program, the Office shall do all of the following:

(1) Serve as the primary contact for students participating in the Program.

(2) Coordinate eligibility verification for the Program.

(3) Assist eligible students with identifying additional direct and indirect costs of higher education to determine whether any additional sources of funding are required.

(4) Coordinate with the Department and each institution of higher education to ensure the institution has policies and procedures in place for application of the waiver, scholarships and grants, and any additional costs and fees, as well as housing and food access during school breaks for students eligible for on-campus housing.

(5) Coordinate with the Department and the Department’s contracted independent living providers to assist students in addressing issues related to participation in the Program.

(6) Maintain a record of students participating in the Program and coordinate with each institution of higher education to report by April 1 of each year to the Controller General and the Office of Management and Budget the number of students who are receiving a waiver under this subchapter.

(7) Include in the Office’s annual summary to the Governor and the General Assembly, as required by § 9005A(11) of Title 29, the number of recipients of the tuition waiver, the institutions attended by the recipients, and such other information as the Office deems useful. The summary may not include identifying or confidential information on recipients.

(8) Adopt rules and regulations as the Office deems necessary and proper to administer the Program.

(c) In implementing the role of the institutions of higher education in administering the Program, each institution of higher education shall designate an appropriate staff person to serve as the point of contact for the Office and for students participating in the Program who are attending the institution. The point of contact, and staff designated to assist the point of contact, shall do all of the following:

(1) Ensure contact information for the point of contact is posted on the publicly accessible internet website of the institution of higher education.

(2) Assist students with obtaining verification of eligibility for the Program from the Office.

(3) Assist eligible students to access available federal and state financial aid resources and identify further scholarship and grant opportunities. Notwithstanding this paragraph (c)(3), the institution of higher education shall coordinate with the Office before any eligible student applies for or receives loans.

(4) Provide students participating in the Program with information and referrals for on-campus and off-campus support services and resources.

(5) Maintain a record of students participating in the Program and provide those records to the Office so the Office may comply with paragraph (b)(6) of this section.
14 Del. C. § 3463 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3463
§ Â
        3463. Ivyane D.F. Davis Memorial Scholarship Fund.
Status: in_force

(a) Purpose. —

It is the intent and purpose of the General Assembly through this section to provide scholarships in memory of Ivyane D.F. Davis, who died February 7, 1989, to deserving Delaware students who have experienced foster care in Delaware, and to this end there hereby is established the Ivyane D.F. Davis Memorial Scholarship Fund.

(b) Administration. —

(1) Notwithstanding any other provision to the contrary, this scholarship fund shall be administered by the Child Protection Accountability Commission (Commission) with staffing from the Office of the Child Advocate.

(2) The Commission shall adopt such rules and regulations as it deems necessary and proper to administer the provisions of this scholarship fund.

(3) The Commission shall include in its annual summary to the Governor and the General Assembly, as required by § 931(b)(6)a. of Title 16, the number of recipients of scholarships, the institutions attended by said recipients, the total of expenditures made under this scholarship fund, and such other information as it deems useful. The summary may not include identifying or confidential information on scholarship recipients.

(c) Eligibility. —

Scholarships awarded under this scholarship fund are available to applicants who at any time experienced foster care in Delaware, and who have been accepted at or who are attending an institution of higher education or trade school. Scholarships may also be awarded for preparatory courses for standard admission tests required for higher education or trade school.

(d) Scholarship awards. —

(1) The Commission shall award Ivyane D.F. Davis Memorial Scholarships subject to General Assembly appropriations and private donations to and interest earned on proceeds of the scholarship fund created under this section.

(2) The Commission may establish maximum and minimum awards. Scholarship awards may not exceed the amount set by the Commission.

(3) Scholarships may be renewed upon application by recipients on an annual basis if the Commission is satisfied that the recipient is making satisfactory academic or vocational progress.

(4) Selection of scholarship recipients shall be based on such criteria, established by the Commission, as academic achievement, community service, participation in extracurricular activities, and promise of success in the institution of higher education or vocational courses selected by applicants.

(5) In cases where more than 1 applicant are judged to be equally qualified for scholarships, financial need shall be considered in establishing priorities for the award of available scholarships.

(6) Scholarships awarded under this section may not be used to reduce the amount of any waiver provided under subchapter XVII of Chapter 34 of this title, Fostering Independence Through Education Tuition Waiver.

(e) Creation of Ivyane D.F. Davis Memorial Scholarship Fund. —

(1) The Ivyane D.F. Davis Memorial Scholarship Fund ( “Fund” ) is hereby created.

(2) Funding shall be appropriated by the General Assembly as a separate programmatic line to be expended in accordance with the needs of the recipients.

(3) The Commission may accept donations from private individuals and organizations for deposit in the Fund.

(4) The Fund may be used as the state-required match for federal Chafee Educational and Training Vouchers; provided, that the Commission or the Office of the Child Advocate is authorized, by regulation, contract, or memorandum of understanding with the Department of Services for Children, Youth and Their Families, to administer the funding obtained; and further provided, that the portion of the Fund used to obtain the funding is utilized in accordance with the purpose and intent of this section.

(5) Except as provided in paragraph (e)(4) of this section, all appropriations from the General Assembly to the Fund shall be used solely for the award of scholarships as provided under this section. Scholarships are provided for the purpose of meeting direct and indirect educational expenses.
14 Del. C. § 1058 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1058
§ Â
        1058. Controversies concerning rules and regulations of the school board.
Status: in_force

The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board’s decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.
14 Del. C. § 1043 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1043
§ Â
        1043. Authority.
Status: in_force

In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State.
14 Del. C. § 1066 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1066
§ Â
        1066. Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts [For application of this section, see 83 Del. Laws, c. 251, Â 7].
Status: in_force

(a) Upon the division of a reorganized school district into 2 or more school districts under § 1028 of this title, the school board of the divided reorganized school district shall be dissolved as of the effective date of division.

(b) Any member of the previously existing school board, including a vocational-technical school board, shall continue to serve out the term for which that member was elected or appointed in the divided school district as a member of the school board of the school district resulting from such division in which that member resides.

(c) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to 5 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 5 years. The qualified voters of any school district resulting from such division shall, at each annual election after division, elect 1 member for a term of 4 years who shall serve from the July 1 next succeeding that member’s election and until that member’s successor qualifies.

(d) In the case of any division of a vocational-technical school district under § 1028 of this title, the Governor shall appoint such additional members of the school boards of the vocational-technical school districts resulting from such division as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member’s appointment and until that member’s successor qualifies.
14 Del. C. § 1091 — Delaware Code / Title 14 / Chapter 10 / Subchapter V / Section 1091
§ Â
        1091. Superintendent of schools.
Status: in_force

The school board of each reorganized school district shall appoint as the chief school officer for that district a superintendent of schools who shall also serve as executive secretary to the school board.
14 Del. C. § 180 — Delaware Code / Title 14 / Chapter 1 / Subchapter V / Section 180
§ Â
        180. Purpose.
Status: in_force

The Delaware Higher Education Office serves as a source of higher education information and expertise for the executive and legislative departments of the State and for Delaware citizens who can benefit from higher education. It serves as a mechanism for members of the public and professional groups to address higher education issues and ensure that resources are continuously focused to meet state priorities. The Higher Education Office, with the Department of Education, will support student transition between K-12 education and postsecondary education environments, and support increased student achievement.
14 Del. C. § 3446 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3446
§ Â
        3446. Michael C. Ferguson Achievement Awards.
Status: repealed

Transferred by 77 Del. Laws, c. 431, § 9, effective July 23, 2010, to § 3460 of this title, which was subsequently repealed by 83 Del. Laws, c. 413, § 1, effective July 1, 2022.
14 Del. C. § 804 — Delaware Code / Title 14 / Chapter 8 / Section 804
§ Â
        804. Shared decision-making at the school level.
Status: in_force

(a) Any school in a school district which has adopted a district transition plan as specified in § 803(d) of this title shall establish a school-level shared decision-making advisory committee (“School Advisory Committee”). Such school may also submit a written request to the Department of Education, via its local board of education, in order to receive funds to conduct structured conversations and activities among the school community to decide whether or not to apply to the Department of Education for a school-level shared decision-making transition grant as specified in § 807(d) of this title and as provided for in the annual appropriations act.

(b) The principal shall facilitate the selection of representatives on the School Advisory Committee through an inclusive process as established in the District Transition Plan that has the goal of ensuring a fair selection process for the representatives of constituencies within the school community such as parents, community members, teachers, administrators, other employees and students (where appropriate) which reflects the diversity within the school community. Such process shall ensure that the members of the various constituencies select their respective representatives.

(c) The structured conversations and activities, as defined in this title, shall result in a decision, accompanied by an explanatory report and recommendation, by the School Advisory Committee, through a process it developed to produce as much agreement as practicable, that:

(1) They wish to pursue share decision-making further by developing a school transition plan to implement shared decision-making for educational improvement in the school; or

(2) They choose not to explore shared decision-making further.

(d) If the School Advisory Committee decides to proceed with shared decision-making, the structured conversations and activities shall result in the development of a process to establish a school transition plan, to determine the composition of the “School Transition Team” and to develop the roles and responsibilities delegated to the School Transition Team. The School Transition Team representatives shall be selected through the same process established by subsection (b) of this section for their respective constituency groups. The decision as to these issues shall be reflected in the Report and Recommendation pursuant to subsection (c) of this section or in a supplemental Report and Recommendation, signed in accordance with subsection (e) of this section.

(e) Each representative of a stakeholder group who participates in the structured conversation and activities of the School Advisory Committee pursuant to subsection (b) of this section shall sign the Report and Recommendation pursuant to subsection (c) of this section and any supplemental Report and Recommendation pursuant to subsection (d) of this section. Each such representative shall also indicate that the representative has made a good faith effort to communicate with the representative’s stakeholder group so as to ensure that the views of the membership of the representative’s stakeholder group were reflected in the Report and Recommendation.

(f) The Department of Education and the relevant local district administration shall provide schools with assistance, guidance and strategies to initiate and plan the implementation of these structured conversations and activities.
14 Del. C. § 4302 — Delaware Code / Title 14 / Chapter 43 / Section 4302
§ Â
        4302. Public school indoor air quality.
Status: in_force

(a) On or before January 1, 2024, the Division of Public Health shall establish a routine indoor air quality monitoring program and standards that includes allowable ranges for temperature and humidity in public schools. The Division of Public Health must take into consideration indoor air quality recommendations provided by OSHA and industry best practices, such as Standard 62.1. The program must be developed by individuals with expertise in indoor air quality and industry professionals having detailed knowledge and experience with Standard 62.1 and must be developed in consultation with the Department of Education and Delaware school districts. The Division of Public Health shall publish the air quality monitoring program guidelines on the Department of Health and Social Services website.

(b) On or before January 1, 2024, the Division of Public Health shall establish reporting requirements for local and regional boards of education.

(c) On or before January 1, 2024, the Division of Public Health shall establish a contractor certification program for public school indoor air quality services.

(d) Once the contractor certification program is established, local and regional boards of education entering into contracts for indoor air quality remediation may do so only with contractors certified by the Division of Public Health to provide public school indoor air quality services.
14 Del. C. § 3003B — Delaware Code / Title 14 / Chapter 30B / Section 3003B
§ Â
        3003B. Inspection of child-care facility records.
Status: in_force

(a) Each licensed child-care facility shall provide to each person seeking child-care services written notice as defined in subsection (c) of this section, which explains the person’s right to inspect the active records and complaints of any licensed child-care facility. Notice shall be provided during in-person tours of the facility. If a tour of the facility is not conducted, the notice shall be provided as part of the enrollment materials provided to the person seeking child-care services. In addition, the application packet shall include the address of the nearest Office of Child Care Licensing (OCCL) office and the OCCL website.

(b) Every child-care facility shall obtain a statement, signed by the prospective purchaser of care, which attests to timely receipt of the notice provided for in subsection (a) of this section. The child-care facility shall keep the signed statement on file for no less than 3 months after the child is no longer enrolled.

(c) The Department of Education shall provide a standardized form of the notice and statement as defined in subsections (a) and (b) of this section respectively, to each licensed facility.

(d) The Office of Child Care Licensing shall have available for public request a summary of each child-care facility’s records.

(e) The public shall have access to child-care information including a list of all child-care facilities, licensed facilities, enforcement actions, and agency contact persons via the Delaware Department of Education website on the Internet.

(f) All requests to inspect these records shall be made in writing to the Office of Child Care Licensing. Individuals shall be allowed to inspect such records within 10 business days from the date the request is received.

(g) Failure of a child-care facility to provide the notice required in subsection (a) of this section or obtain the statement required in subsection (b) of this section from any prospective purchaser shall be a violation of Delaware law, subject to a fine of not more than $100 for each violation and the total of such fines shall not exceed $1,000 per calendar year. Justice of the Peace Courts shall have original jurisdiction of such offenses.
14 Del. C. § 513 — Delaware Code / Title 14 / Chapter 5 / Section 513
§ Â
        513. Reporting and oversight.
Status: in_force

(a) On or before January 15, each charter school shall produce an annual report for the school year ending the previous June, which shall include all of the following:

(1) An explanation of the school’s progress in meeting overall student performance goals and standards.

(2) An explanation of the innovation occurring at the charter school, including but not limited to the areas of curriculum development, instruction, student culture and discipline, community and parental involvement, teacher and staff development, school operations and management, and extracurricular and after-school programming.

(3) A copy of the school’s annual financial audit report, as required under subsection (d) of this section, and a copy of the school’s standardized financial report setting forth by appropriate categories the school’s revenues and expenditures and assets and liabilities.

(4) In the case of a single gender school, an explanation of the efforts made by the school to further advance its students’ education and a quantitative analysis of its efforts and results in recruiting and retaining economically-disadvantaged students, regardless of race.

(b) Notwithstanding subsection (a) of this section, each charter school seeking renewal of its charter shall produce the annual report described in subsection (a) of this section on or before October 1 of the final year of its current charter term. The approving authority may, in its discretion and for good cause shown, elect to accept an annual report submitted subsequent to this deadline.

(c) To ensure that annual reports under this section provide parents and approving authorities with clear and comparable information about the performance of charter schools, the Department of Education shall prescribe a uniform format for such reports, and the standardized financial report required to be included in such reports, which may be supplemented by requirements set by the approving authority for schools it has chartered.

(d) (1) Unless subject to an audit by the Auditor of Accounts under paragraph (d)(2) of this section, the board of directors of each charter school shall contract to have an audit of the business and financial transactions, records, and accounts after July 1 for the prior fiscal year. The results of the audit shall be shared by October 1 with the Department of Education, the Auditor of Accounts, the Division of Accounting, and the citizen budget oversight committee established under § 1508 of this title.

(2) The Auditor of Accounts shall conduct or contract for an audit of the charter school’s business and financial transactions, records, and accounts after July 1 for the prior fiscal year in the event the charter school has any of the following:

a. A financial audit opinion with any of the following in any of the prior fiscal years under the current charter term:

1. Material exceptions.

2. A going concern disclosure in the notes or in an explanatory paragraph related thereto.

3. A finding of material weakness on either internal control or compliance. For purposes of this paragraph, “material weakness” means a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the company’s annual or interim financial statements will not be prevented or detected on a timely basis.

b. Has failed to maintain a current status with Internal Revenue Service Form 990 filings, if said filings are required of that charter school.

c. Has existed for a total of fewer than 5 years under its current and prior charter terms.

(3) If, however, a financial audit opinion of paragraph (d)(2)a. of this section is not the required annual audit and is, instead, performed at the request of the board of directors of its own volition and then provided to the Auditor of Accounts, then that financial audit opinion shall not form the basis for the Auditor of Accounts conducting or contracting the audit under paragraph (d)(2) of this section.

(e) The contract required by paragraph (d)(1) of this section must be publicly bid no less than every 5 years and must provide for all of the following:

(1) That the auditor shall, at all times during the term of the contract, hold a valid certified public accountant permit to practice license in Delaware.

(2) That the auditor shall be peer-reviewed by the American Institute of Certified Public Accountants (AICPA) at least every 3 years, and the most recent review shall have been completed with an unqualified opinion.

(3) That the audit shall meet the requirements and standards of generally-accepted government auditing standards.

(4) That the audit required by subsection (d) of this section shall include any additional specific audit procedures which have been established in advance by the charter school or the State Auditor, or both, and which apply to the specific charter school or which the State Auditor has established for all school districts and charter schools.

(f) A charter school shall display on its website the annual report including financial statement and audit required by this subsection. A charter school shall also display on its website all standardized financial report forms for the current fiscal year and the final monthly standardized financial report forms for the 5 prior fiscal years of operation. Charter schools that are required to file Internal Revenue Service Form 990 shall post the current and prior year Form 990 on the website as well.

(g) The annual report shall be submitted to the approving authority, the Department and the State Board. Employees of the school and parents of students attending the school shall receive a copy free of charge, upon request. The reports shall be public records pursuant to Chapter 100 of Title 29.

(h) The Department of Education, the State Board, and the approving authority may conduct financial, programmatic, or compliance reviews of a charter school. In cooperation with the Department, the approving authority shall conduct such reviews no less often than every 3 years.

(i) The Department of Education shall notify the superintendents of all reorganized and vocational-technical school districts of receipt of new charter school applications within 30 days of the close of the application deadline. The Department of Education shall also notify the superintendent of a reorganized school district of any applications for a major charter modification submitted by a charter school with a facility located within their district.

(j) Local school boards shall notify the superintendents of all reorganized and vocational-technical school districts of receipt of new charter school applications within 30 days of the close of the application deadline.

(k) Audit or formal investigation findings that funds have been expended in a manner that is not consistent with Delaware Code, Administrative Code and/or the State Budget and Accounting Manual shall be promptly reported to the charter school’s authorizer, the Director of the Office of Management and Budget, the Controller General and the Secretary of Education. Upon review and determination as to the status of the questioned expenditure, the Board of the Charter School and the Department of Education shall develop and certify a written repayment plan. The charter school shall repay funds through local, discretionary funds. State and federal funds may not be used to make repayment. If the charter school is unable to make repayment through available funds, the Department of Education is authorized to withhold an equivalent amount from any state or federal funds owed to the charter school, as applicable. Repayment required by this section shall be transacted during the fiscal year in which the discrepancy is discovered, unless the Department of Education finds that the potential impact on the affected charter school is such that satisfying the obligation in part or in its entirety should be deferred until the next ensuing fiscal year.
14 Del. C. § 8251 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8251
§ Â
        8251. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Oversight. —

(1) The executive and judicial branches of the state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement this Compact.

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

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

(b) Default, technical assistance, and termination. —

(1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

(2) The Commission shall provide a copy of the notice of default to the other member states.

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

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

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

(f) Upon the termination of a state’s membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 6 months after the date of said notice of termination.

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

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

(i) Dispute resolution. —

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

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

(j) Enforcement. —

(1) By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of this Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees. These remedies shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state’s law.

(2) A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of this Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(3) No person other than a member state shall enforce this Compact against the Commission.
14 Del. C. § 1708 — Delaware Code / Title 14 / Chapter 17 / Section 1708
§ Â
        1708. Form of appropriation.
Status: in_force

(a) Appropriations to the Department of Education on behalf of the school districts shall be in an aggregate form and shall be allocated to the districts in accordance with this title and the provisions of the annual Appropriations Act.

(b) In the event that any employee or officer receives a salary from more than 1 of the agencies receiving appropriations according to the form set forth in subsection (a) of this section, the total of such employee’s or officer’s salary from all such agencies shall be appropriated to the agency paying the principal portion of such salary. In no case shall a salary appropriation be made to more than one agency for the same employee or officer.

(c) The classification of employees and officers into the various categories set forth in Division I of subsection (a) of this section shall be determined by such employee’s or officer’s classification for salary to be paid under Chapter 13 of this title, except in the case of the Secretary and Deputy Secretary of Education.
14 Del. C. § 406A — Delaware Code / Title 14 / Chapter 4A / Section 406A
§ Â
        406A. Regulatory authority.
Status: in_force

The Secretary of the Department may promulgate regulations necessary to implement this chapter.
14 Del. C. § 4143 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4143
§ Â
        4143. Black history instruction.
Status: in_force

(a) (1) Each school district and charter school serving students in 1 or more of the grades K through 12 shall provide instruction on Black history.

(2) The instruction required under paragraph (a)(1) of this section is provided through curricula developed or identified by the school district to charter school.

(3) At a minimum, Black history curricula must include all of the following:

a. The history and culture of Black people prior to the African and Black diaspora, including contributions to science, art, and literature.

b. The significance of enslavement in the development of the American economy.

c. The relationship between white supremacy, racism, and American slavery.

d. The central role racism played in the Civil War.

e. How the tragedy of enslavement was perpetuated through segregation and federal, state, and local laws.

f. The contributions of Black people to American life, history, literature, economy, politics, and culture.

g. The socio-economic struggle Black people endured, and continue to endure, in working to achieve fair treatment in the United States; as well as the agency they employ in this work for equal treatment.

h. Black figures in national history and in Delaware history.

(4) The curricula developed must rely heavily on primary sourcing to receive a true perspective of the Black experience inclusive of the triumphs, setbacks, and contributions of Black persons.

(5) The curricula developed must ensure the material is presented in an age appropriate manner.

(b) The study of Black history serves to educate students about how Black persons were treated throughout history in this country. The study of Black history is intended to do all of the following:

(1) Examine the ramifications of prejudice, racism, and intolerance.

(2) Prepare students to be responsible citizens in a pluralistic democracy.

(3) Reaffirm the commitment of free peoples to the U.S. Const. amend. 13.

(c) Curricula required under this section must be designed to do all of the following:

(1) Be trauma-responsive and recognize the impact of racial and historical trauma on students.

(2) Stimulate students’ reflection on the roles and responsibilities of citizens in democratic societies to combat racism, inequality, and discrimination through tools of resistance such as protest, reform, and celebration.

(3) Incorporate contemporary events into discussions of Black history and the tools of resistance.

(4) Develop students’ respect for cultural and racial diversity.

(5) Enable students to understand the ramifications of prejudice, racism, and stereotyping.

(6) Provide opportunities for students to discuss and uplift the Black experience.

(7) Provide students with a foundation for examining the history of discrimination in this State.

(8) Explore the various mechanisms of transitional and restorative justice that help humanity move forward.

(d) The Department of Education shall develop and make publicly available a list of resources to assist a school district or charter school in creating Black history curricula. The Department shall consult with organizations that provide education about the experiences of Black people, or seek to promote racial empowerment and social justice, including the following:

(1) The National Association for the Advancement of Colored People (“NAACP”).

(2) Africana studies programs at Delaware State University and the University of Delaware.

(3) Delaware Heritage Commission.

(4) Metropolitan Wilmington Urban League.

(5) Black student coalitions.

(6) Delaware Black Student Coalition.

(7) Eastern Shore AFRAM.

(e) School districts and charter schools shall provide in-service training required under this section within the year.

(f) (1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programming provided under 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 (f)(1) of this section shall report to the Department of Education no later than November 15 of each year regarding how the curriculum 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 programming provided under paragraph (a)(3) of this section and how the curricula has been implemented by each school district and charter school.

(g) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.
14 Del. C. § 9303 — Delaware Code / Title 14 / Chapter 93 / Section 9303
§ Â
        9303. Hazing prohibited.
Status: in_force

Any person who causes or participates in hazing commits a class B misdemeanor.
14 Del. C. § 121 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 121
§ Â
        121. General powers of the Department of Education.
Status: in_force

(a) The Department shall exercise general control and supervision over the public schools of the State, including:

(1) Developing and executing the educational policies and laws of the State and promoting public sentiment in support of public education;

(2) Consulting, advising and cooperating with the boards of education and superintendents of reorganized school districts, and other officers, principals, teachers and interested citizens in matters relating to education and to the conduct of schools;

(3) Appointing, through the Secretary, by execution of a written contract for a term of not less than 1 year nor more than 5 years, of additional officers necessary for administering and developing the policies, rules and regulations of the Department. As used in this section, the term “additional officers” shall be defined as the team leaders and directors authorized by § 1321(a) of this title and any certificated professional employees assigned to the office of the Secretary whose positions are not covered in § 103(a)(2) of this title. The Secretary may elect not to renew the contract of any additional officer upon its expiration. However, in such a case the Secretary shall notify the officer in writing by certified mail, return receipt requested, at least 4 months prior to the expiration date of the existing contract that the Secretary does not intend to renew the contract, thereby providing official notice that the services of the officer are to be terminated. Failure to notify an additional officer covered by this subsection in writing by the required date shall result in an automatic extension of the existing contract for a period of 1 year from its expiration date;

(4) Hiring, through the Secretary, by execution of a written contract for a term of not less than 1 year and not more than 5 years, of certificated professional employees, other than those persons described in paragraph (a)(3) of this section and § 103(a)(2) of this title, necessary for carrying out the policies, rules and regulations of the Department. For the purposes of this subsection, the term “certificated professional employees” includes education associates, education specialists, field agents, technicians and other employees holding positions of similar rank. The Secretary may elect not to renew the contract of a certificated professional employee upon its expiration. However, in such a case, the Secretary shall notify the employee in writing by certified mail, return receipt requested, at least 4 months prior to the expiration date of the existing contract that the Secretary does not intend to renew the contract, thereby providing official notice that the services of the employee are to be terminated. Failure to notify a person covered under this subsection in writing by the required date shall result in an automatic extension of the existing contract for a period of 1 year from its expiration date. The written notification shall indicate that just cause exists for the Secretary’s proposed action. For the purposes of this subsection, “just cause” shall be defined as including, but not limited to, reduction in force, inefficiency, or unsatisfactory performance of duties. Any employee notified of the Secretary’s intention not to renew for reasons other than a reduction in force may request a formal hearing before a hearing officer appointed by the Secretary of the Department of Human Resources within 15 calendar days from the date that notice of the Secretary’s intention not to renew is sent by certified mail. In the event that an employee requests a hearing in a timely manner, the Department of Human Resources shall convene a hearing no earlier than 10 days nor later than 90 days after receipt of the request for a hearing, unless both parties agree to a different schedule. The employee shall have the opportunity to present information in the employee’s own defense and may have legal counsel at the hearing;

(5) Dismissing or disciplining, through the Secretary, during the contract period, for misconduct in office, incompetency, or wilful neglect of duty, any officer or certificated professional employee appointed under this title or under any special school law, except an employee whose position is covered in § 103(a)(2) of this title, giving the employee a copy of the charges against the employee. In making a determination to dismiss or to impose a lesser disciplinary action, the Secretary shall assess and take into account any mitigating or extenuating circumstances as well as the employee’s work history. Any employee dismissed pursuant to this subsection may request a formal hearing before a hearing officer appointed by the Secretary of the Department of Human Resources within 15 calendar days from the date that notice is sent by certified mail or the date of receipt of the written notification of dismissal from the Secretary if hand-delivered, whichever is applicable. In the event that an employee timely requests a hearing, the Department of Human Resources shall convene a hearing no earlier than 10 days nor later than 90 days after receipt of the request for a hearing, unless both parties agree to a different schedule. The employee shall have the opportunity to present information in the employee’s own defense and may have legal counsel at the hearing;

(6) Hiring, through the Secretary, any clerical assistants and other noncertificated employees necessary to provide support in carrying out the policies, rules and regulations of the Department or the State Board, or both. An employee hired pursuant to this subsection shall not enter into a written contract with the Department. Such employee shall be subject to dismissal or other disciplinary action imposed by the Secretary only for just cause. For the purposes of this subsection, “just cause” includes, but is not limited to, reduction in force, inefficiency, unsatisfactory performance of duties, misconduct, immorality, incompetency, and wilful neglect of duty;

In making a determination to dismiss or to impose a lesser disciplinary action pursuant to this subsection, the Secretary shall assess and take into account any mitigating or extenuating circumstances as well as the employee’s work history. Any employee dismissed pursuant to this subsection may request a formal hearing before a hearing officer appointed by the Secretary of the Department of Human Resources within 15 calendar days from the date that notice is sent by certified mail or the date of receipt of the written notification of dismissal from the Secretary if hand-delivered, whichever is applicable. In the event that an employee timely requests a hearing, the Department of Human Resources shall convene a hearing no earlier than 10 days nor later than 90 days after receipt of the request for a hearing, unless both parties agree to a different schedule. The employee shall have the opportunity to present information in the employee’s own defense and may have legal counsel at the hearing;

(7) Granting to any person employed by the Department pursuant to this section who is called to the service or voluntarily enters the Armed Forces of the United States or the National Guard of the State, when in continuous active service, a leave of absence which shall cover the period of voluntary service, not to exceed 3 years, or the term of service to which the person has been called until that term of service is terminated; and upon the completion of the leave of absence, reinstating such person in the position which the person held at the time that the leave of absence was granted, if such person has received a certificate of satisfactory completion of service;

(8) Appointing persons to replace employees on leaves of absence for active military service, as described in paragraph (a)(7) of this section, but such appointments shall be only for the period covered by said leaves of absence;

(9) Requiring boards of education of reorganized school districts to submit reports covering student achievement, discipline, expenditures, business methods, accounts, registration, attendance, and any other matter it finds necessary and advisable consistent with the State’s policy, as reflected in §§ 122(d), (e) and 124A(f) of this title, to avoid duplicative or unnecessarily burdensome reporting obligations; and receiving and examining such reports and, through its staff, examining and giving advice on expenditures, business methods, and accounts of boards of education of reorganized school districts;

(10) Conducting investigations relating to the educational needs of the State and the means of improving the educational conditions including, without limitation: conducting an audit or evaluation of education programs; developing, validating, or administering predictive tests; administering student aid programs; improving instruction; conducting research and evaluation regarding federal, state or local education and training programs; or providing for the enforcement of or compliance with federal legal requirements relating to those programs; and, for such investigations, collaborating with other organizations, including, without limitation, the P-20 Council, to conduct studies for or on behalf of the Department, employing additional expert assistants and appointing special agents when deemed advisable;

(11) Causing the provisions of this title to be carried into effect, so as to provide a general and efficient system of public schools throughout the State;

(12) Deciding, without expense to the parties concerned, certain types of controversies and disputes involving the administration of the public school system. The specific types of such controversies and disputes appropriate for Department resolution and the procedures for the resolution of such controversies and disputes shall be established by rules and regulation proposed by the Secretary subject to approval by the State Board. Hearing examiners or panels, including panels of the State Board of Education, may be appointed to hear such controversies and disputes;

(13) Obtaining witnesses and documents through subpoena, administering oaths, examining under oath, and causing such examinations to be reduced to writing, when necessary to enforce any provision of this title. The Secretary and the State Board of Education, and any hearing examiner or panel duly appointed by either, may exercise the provisions of this subsection;

(14) Entering into contracts with states bordering on the State, or with agencies, political subdivisions or school districts of such states, for the establishment and operation of joint educational facilities wherever it is found by the Department that such joint facilities would be of greater educational value to the citizens of the State than separate facilities. Tuition payments required by such contracts shall be paid from funds specifically appropriated in the annual budget for this purpose, from educational contingency funds, or from both. Tuition payments received under such contracts shall be deposited in the General Fund of the State, notwithstanding any other provisions of this title;

(15) Supervising generally the design of educational facilities by:

a. Establishing and applying evaluative criteria to all stages in the design of proposed educational facilities;

b. Analyzing and researching design factors as they relate to educational effectiveness;

c. Recommending to local school districts matters dealing with educational design;

(16) Establishing the criteria for and approving the operation of postsecondary institutions in the State that are not established by law and authorizing postsecondary institutions that are not established by law to confer degrees;

(17) Collecting, integrating, and reporting longitudinal student and educator data for such purposes as implementing federal- or state-required education performance accountability measures; conducting research and evaluation regarding federal, state and local education, and training programs; and conducting audits and ensuring compliance of those programs with applicable federal and state requirements; and

(18) Approving Delaware colleges for Veteran’s Administration programs.

(b) The Department shall establish a voluntary licensure and certification system for nonpublic school teachers, specialists, and administrators employed in this State, and is empowered to make rules and regulations to implement the same.

(1) Said system shall consist of a 3-tiered licensure system consisting of an initial license, continuing license and an advanced license. The prerequisites required for issuance of an initial, continuing or advanced license to a nonpublic school teacher, specialist or administrator shall be consistent, to the extent possible, with those required for the issuance of an initial, continuing or advanced license to a public school educator as set forth in subchapter II of Chapter 12 of this title. The qualifications for a standard certificate, an emergency certificate, or a certificate of eligibility shall be consistent, to the extent possible, with those required for the issuance of same to a public school educator, as set forth in subchapter III of Chapter 12 of this title.

(2) If a nonpublic school licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of the licensee’s initial license, complete such professional development and mentoring activities as may be required by the Department.

(3) A licensed and certified non-public school teacher, specialist or administrator must receive at least 1 performance appraisal evaluation annually. The evaluation must be in a form approved by the Department and consistent with the Delaware Professional Teaching Standards and the Delaware Administrator Standards. The performance appraisal evaluation must include an overall rating and a student improvement component rating, and must identify what constitutes satisfactory and unsatisfactory performance on the overall evaluation and each component of the evaluation. The performance appraisal evaluation must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement and weighted at least as high as any other component. The measure of student improvement must be approved by the Department.

(4) The Department, through the Associate Secretary, Educator Support, may deny an applicant’s application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subsection for any of the causes enumerated in § 1218(a) or (b) of this title. The Department shall not take action to deny a license under this subsection without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Secretary of Education or the Secretary’s designee. The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations.

(5) a. Except as otherwise provided in paragraphs (b)(5)b. and c. of this section, the Department, through the Associate Secretary, Educator Support, may suspend, revoke or limit a license issued under the provisions of this subsection for any of the causes set forth in § 1218(a) of this title.

b. The Department, through the Associate Secretary, Educator Support, shall revoke a license issued under the provisions of this subsection for any of the causes set forth in § 1218(b) of this title.

c. The Department, through the Associate Secretary, Educator Support, may automatically suspend any license without a prior hearing if the license holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this paragraph is effective on the date of the arrest or grand jury indictment. The provisions of § 1218(c) of this title shall apply to any automatic suspension under this subsection with the exception that the license holder may request an expedited hearing before the Secretary of Education within 20 calendar days from the date the notice of the Department’s decision to temporarily suspend the license holder’s license was mailed. In the event that the license holder requests an expedited hearing in a timely manner, the Secretary of Education or the Secretary’s designee shall convene a hearing within 90 days of the receipt of such a request. An order of suspension under this subsection shall remain in effect until the final order of the Associate Secretary, Educator Support or the Secretary of Education becomes effective.

d. The Department, through the Associate Secretary, Educator Support, may take an action under paragraph (b)(5)a., b., or c. of this section on the basis of substantially comparable conduct occurring in a jurisdiction outside this State or occurring before a person applies for or receives any license.

e. Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which would constitute grounds for revocation, suspension or limitation of license under § 1218(a) or (b) of this title or has been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11, shall notify the Department of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall be grounds on which the Department may limit, suspend, or revoke the holder’s license.

f. Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Department of such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Department may limit, suspend or revoke the holder’s license.

g. The Department may investigate any information received about a person that reasonably appears to be the basis for action under paragraphs (b)(5)a. through c. of this section. The Department shall not investigate anonymous complaints. The Department shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder to the license holder’s last known address. All information obtained during an investigation is confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). The Associate Secretary, Educator Support, shall review the results of each investigation and shall determine whether the results warrant initiating action under paragraph (b)(5)a., b. or c. of this section.

h. Whenever the basis of for action under paragraph (b)(5)a. or b. of this section is a guilty plea, nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof.

i. The Department, through the Associate Secretary, Educator Support, may enter a consent agreement with a person against whom action is being taken under paragraph (b)(5)a., b. or c. of this section.

j. The Associate Secretary, Educator Support, shall not take action against a person under paragraph (b)(5)a. or b. of this section without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Secretary of Education. Notice shall be sent to the person’s last known address. The license holder shall have 30 calendar days from the date the notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this subsection, the burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has engaged in misconduct as defined by paragraphs (b)(5)a. and b. of this section or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written request for a hearing is received by the Secretary of Education, the license holder’s license shall be deemed to be revoked, suspended, or limited and the holder shall be so notified.

k. A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Department, upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended but shall meet the license requirements that are in effect at the time of the application for the license.

l. If any of the causes listed in § 1218(a) or (b) of this title are determined, the Associate Secretary, Educator Support or the Secretary of Education after a hearing, may put limitations on a license that may include any of the following:

1. Restrictions on the ages of students with whom the license holder may work.

2. Additional supervision requirements.

3. Education, counseling, or psychiatric examination requirements.

m. If a decision of license limitation, suspension or revocation is based on § 1218(a)(4), (a)(5), or (b)(1) of this title, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction, the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation of the final status of the judicial proceeding, and the license shall be reinstated.

n. An individual whose license has been revoked under paragraph (b)(5)a. of this section may petition the Department for reinstatement of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Department a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (b)(5)n.1. of this section.

1. The Department shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant such a petition if it is in the best interest of the public schools of the State:

A. The nature and circumstances of the individual’s original misconduct;

B. The individual’s subsequent conduct and rehabilitation;

C. The individual’s present character; and

D. The individual’s present qualifications and competence to engage in the practice of instruction, administration or other related professional support services.

2. A former license holder is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a denial of reinstatement pursuant to this subsection.

3. A license revoked under paragraph (b)(5)b. of this section or suspended under paragraph (b)(5)c. of this section may not be reinstated under this section. A license revoked under § 1218(b)(1) of this title may only be reinstated pursuant to this paragraph (b)(5)n. and a license suspended under paragraph (b)(5)c. of this section may only be reinstated pursuant to of § 1218(c)(5) of this title or after a hearing before the Secretary of Education or the Secretary’s designee.

o. All communications between a license holder and the Department provided for in this subsection shall be by certified mail, return receipt requested.

(6) The Department shall issue a continuing license to a nonpublic school teacher, specialist or administrator holding a Delaware certificate issued by an education certifying board prior to July 13, 1971, or upon the expiration of a professional status certificate or standard certificate issued by the Department.

(7) Licenses and certificates issued to nonpublic school teachers, specialists and administrators shall have the same force and effect as licenses and certificates issued pursuant to subchapters II and III of Chapter 12 of this title.

(8) a. Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this subsection does not expire for a “qualifying person” as defined in paragraph (b)(8)d. of this section as follows:

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

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

b. A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license shall submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment.

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

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

(9) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (b)(8)d. of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to subsection (b) of this section within 2 years of the lapse or expiration of any such license. The qualifying person or the spouse of a qualifying person shall submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection shall not apply to a license that was suspended or revoked.

(c) The Department shall establish a licensure and certification system for public education employees in this State that applies to Department of Education employees, adult education employees, and prison education employees whose work responsibilities are directly related to curriculum and instruction, but does not apply to public school educators who shall be licensed and certified in accordance with subchapters II and III of Chapter 12 of this title. The Department shall be empowered to promulgate rules and regulations to implement such system.

(1) For purposes of this section only, “public education employee” means a public education employee whose work responsibilities are directly related to curriculum and instruction, and includes Department employees, adult education employees, and prison education employees, but does not include public school educators who shall be licensed and certified in accordance with subchapters II and III of Chapter 12 of this title.

(2) Said system shall consist of 3-tiered licensure system consisting of an initial license, continuing license and an advanced license. The prerequisites required for issuance of an initial, continuing or advanced license to a public education employee shall be consistent, to the extent possible, with those required for the issuance of an initial, continuing or advanced license to a public school educator as set forth in subchapter II of Chapter 12 of this title. The qualifications for a standard certificate, an emergency certificate, or a certificate of eligibility shall be consistent, to the extent possible, with those required for the issuance of same to a public school educator, as set forth in subchapter III of Chapter 12 of this title.

(3) If a licensee under this section intends to apply for a continuing license, the licensee shall, prior to the expiration of the licensee’s initial license, complete such professional development as may be required by the Department.

(4) A licensed and certified public education employee shall be evaluated pursuant to a performance appraisal evaluation developed by the Department.

(5) The Department, through the Associate Secretary, Educator Support, may deny an applicant’s application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subsection for any of the causes enumerated in § 1218(a) or (b) of this title. The Department shall not take action to deny a license under this subsection without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Secretary of Education or the Secretary’s designee. The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations.

(6) a. Except as otherwise provided in paragraphs (c)(6)b. and c., of this section the Department, through the Associate Secretary, Educator Support, may suspend, revoke or limit a license issued under the provisions of this subsection for any of the causes set forth in § 1218(a) of this title.

b. The Department, through the Associate Secretary, Educator Support, shall revoke a license issued under the provisions of this subsection for any of the causes set forth in § 1218(b) of this title.

c. The Department, through the Associate Secretary, Educator Support, may automatically suspend any license without a prior hearing if the license holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this paragraph is effective on the date of the arrest or grand jury indictment. The provisions of § 1218(c) of this title shall apply to any automatic suspension under this subsection with the exception that the license holder may request an expedited hearing before the Secretary of Education within 20 calendar days from the date the notice of the Department’s decision to temporarily suspend the license holder’s license was mailed. In the event that the license holder requests an expedited hearing in a timely manner, the Secretary of Education or the Secretary’s designee shall convene a hearing within 90 days of the receipt of such a request. An order of suspension under this subsection shall remain in effect until the final order of the Associate Secretary, Educator Support or the Secretary of Education becomes effective.

d. The Department, through the Associate Secretary, Educator Support, may take an action under paragraph (c)(6)a., b., or c. of this section on the basis of substantially comparable conduct occurring in a jurisdiction outside this State or occurring before a person applies for or receives any license.

e. Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which would constitute grounds for revocation, suspension or limitation of license under § 1218(a) or (b) of this title or has been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11, shall notify the Department of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall be grounds on which the Department may limit, suspend, or revoke the holder’s license.

f. Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Department of such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Department may limit, suspend or revoke the holder’s license.

g. The Department may investigate any information received about a person that reasonably appears to be the basis for action under paragraphs (c)(6)a. through c. of this section. The Department shall not investigate anonymous complaints. The Department shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder to the license holder’s last known address. All information obtained during an investigation is confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). The Associate Secretary, Educator Support, shall review the results of each investigation and shall determine whether the results warrant initiating action under paragraph (c)(6)a., b. or c. of this section.

h. Whenever the basis of for action under paragraph (c)(6)a. or b. of this section is a guilty plea, nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof.

i. The Department, through the Associate Secretary, Educator Support, may enter a consent agreement with a person against whom action is being taken under paragraph (c)(6)a., b. or c. of this section.

j. The Associate Secretary, Educator Support, shall not take action against a person under paragraph (c)(6)a. or b. of this section without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Secretary of Education. Notice shall be sent to the person’s last known address. The license holder shall have 30 calendar days from the date the notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this subsection, the burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has engaged in misconduct as defined by paragraphs (c)(6)a. and b. of this section or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written request for a hearing is received by the Secretary of Education, the license holder’s license shall be deemed to be revoked, suspended, or limited and the holder shall be so notified.

k. A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Department, upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended but shall meet the license requirements that are in effect at the time of the application for the license.

l. If any of the causes listed in § 1218(a) or (b) of this title are determined, the Associate Secretary, Educator Support or the Secretary of Education after a hearing, may put limitations on a license that may include any of the following:

1. Restrictions on the ages of students with whom the license holder may work.

2. Additional supervision requirements.

3. Education, counseling, or psychiatric examination requirements.

m. If a decision of license limitation, suspension or revocation is based on § 1218(a)(4), (a)(5), or (b)(1) of this title, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction, the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation of the final status of the judicial proceeding, and the license shall be reinstated.

n. An individual whose license has been revoked under paragraph (c)(6)a. of this section may petition the Department for reinstatement of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Department a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (c)(6)n.1. of this section.

1. The Department shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant such a petition if it is in the best interest of the public schools of the State:

A. The nature and circumstances of the individual’s original misconduct.

B. The individual’s subsequent conduct and rehabilitation.

C. The individual’s present character.

D. The individual’s present qualifications and competence to engage in the practice of instruction, administration or other related professional support services.

2. A former license holder is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a denial of reinstatement pursuant to this subsection.

3. A license revoked under paragraph (c)(6)b. of this subsection or suspended under paragraph (c)(6)c. of this section may not be reinstated under this section. A license revoked under of § 1218(b)(1) of this title may only be reinstated pursuant to paragraph (c)(6)n. of this section and a license suspended under paragraph (c)(6)c. of this section may only be reinstated pursuant to § 1218(c)(5) of this title or after a hearing before the Secretary of Education or the Secretary’s designee.

o. All communications between a license holder and the Department provided for in this subsection shall be by certified mail, return receipt requested.

(7) a. Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this subsection does not expire for a “qualifying person” as defined in paragraph (c)(7)d. of this section as follows.

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

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

b. A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license shall submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment.

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

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

(8) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (c)(7)d. of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to this subsection within 2 years of the lapse or expiration of any such license. The qualifying person or the spouse of a qualifying person shall submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection shall not apply to a license that was suspended or revoked.

(d) The Department’s Office of Child Care Licensing shall exercise general control and supervision to license, register, and monitor all residential and nonresidential child care facilities, including family child care homes, large family child care homes, child care centers, child placing agencies, residential child care facilities, youth camps that accept Purchase of Care, early education programs for children below the grade of kindergarten that are operated by public or private schools, and day treatment programs unless otherwise exempted by law; provided however, that no license for a residential or nonresidential child care facility to be operated within the corporate limits of the City of Wilmington may be granted until the applicant has provided the Department with verification of licensure by the City of Wilmington to operate a child care facility.

(e) The Department shall establish a Council on Educational Technology. The Council shall be supported by staff from the Department of Education and the Department of Technology and Information, and shall be comprised of no more than 15 stakeholder representatives. The Council will:

(1) Provide strategic guidance for public education technology by conducting needs assessments;

(2) Offer policy and budget recommendations;

(3) Engage in strategic planning to ensure alignment between state and local efforts;

(4) Define acceptable use policies, procedures and processes to ensure compliance with federal and state regulations; and

(5) Provide support for technology-related procurement.
14 Del. C. § 2106 — Delaware Code / Title 14 / Chapter 21 / Section 2106
§ Â
        2106. Procedure governing sale of bonds to State.
Status: in_force

The school board of any district, with the exception of the Board of Public Education in Wilmington, shall sell any bonds to be issued pursuant to the authority contained in this chapter or pursuant to any other provision of law to the State at private sale. The State may require that the validity of the bonds be approved by the Attorney General or the Attorney General’s designate. The board shall cause a complete record of the proceedings taken in relation to the issuance of the bonds to be made and kept with the other records of the board, and shall cause a duplicate of such record to be made and filed with the Department of Education.
14 Del. C. § 102 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 102
§ Â
        102. Secretary; Deputy, Associate and Assistant Secretaries; Acting Secretary; appointment.
Status: in_force

(a) The administrator and head of the Department is the Secretary of the Department of Education (“Secretary”), who must be a graduate of an accredited college and must have not less than 5 years’ experience in teaching and administration, with experience in each such category.

(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy, Associate, or Assistant Secretaries of Education as are vacant. Persons so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such persons may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of the Secretary’s successor, the Governor may appoint the Deputy Secretary or an Associate Secretary of Education to serve as Acting Secretary. The Secretary may, during the Secretary’s absence from the State, appoint the Deputy Secretary or an Associate Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity or until the Secretary’s successor is duly qualified and appointed.
14 Del. C. § 2003 — Delaware Code / Title 14 / Chapter 20 / Section 2003
§ Â
        2003. Determination of costs for state aid.
Status: in_force

The Department of Education shall use the standard school construction formula for determining the cost of school construction, either new or additions, for the various districts. Such costs shall be used as the base upon which state aid for school construction to the various districts shall be allocated.
14 Del. C. § 125 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 125
§ Â
        125. Penalty for false testimony.
Status: in_force

Whoever, having been sworn or affirmed under § 121(a)(13) of this title to tell the truth, wilfully gives false testimony, is guilty of false swearing and shall be punished as perjury is punished.
14 Del. C. § 5303 — Delaware Code / Title 14 / Chapter 53 / Section 5303
§ Â
        5303. Course on Delaware history and government.
Status: in_force

The University shall provide a course on Delaware history and government that shall be elective by undergraduates, required for social studies teachers, and offered as an in-service program for teachers coming to this State from other schools or colleges.
14 Del. C. § 2723 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2723
§ Â
        2723. Responsibility of police officers.
Status: in_force

(a) Any pupil under the age of 16 identified by a police officer as being off school property without official authorization may be returned to that pupil’s home school.

(b) Any pupil under the age of 16 identified by a police officer as being off school property without official authorization may be detained by the police for a period not to exceed 2 hours for the purpose of notification of parent or guardian. This detention may be within the police station but not in a criminally confined area.
14 Del. C. § 172A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 172A
§ Â
        172A. Oversight, enforcement, and dispute resolution.
Status: in_force

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

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission.

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

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

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

(2) Provide remedial training and specific technical assistance regarding the default.

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

(4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

(5) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.

(6) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

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

(C) Dispute resolution. — (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.

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

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

(2) The Interstate Commission, may by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
14 Del. C. § 4116B — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4116B
§ Â
        4116B. Mental health services for school-connected traumatic events.
Status: in_force

(a) As used in this section:

(1) “Public school” means traditional school districts, vocational technical school districts, and charter schools.

(2) “School-connected traumatic event” means the death of any student, educator, administrator, or other building employee of a public school or other traumatic event that affects a significant portion of the students of the school.

(b) By January 1, 2024, the Department of Education, in consultation with National Alliance on Mental Illness, Delaware, the Delaware Associations of School Psychologists, the School Social Workers Association of Delaware, the Delaware School Counselors Association, the Delaware School-Based Health Alliance, at least 1 licensed clinical pediatric psychologist, and other community stakeholders and mental health specialists, shall develop all of the following:

(1) Guidance and best practices for public schools dealing with a school-connected traumatic event, including recommendations on counseling availability during school.

(2) Written materials that public schools may distribute to students and families after a school-connected traumatic event setting forth additional public and private options for mental health care available in the State.

(3) Written materials that public schools may distribute to a student’s parent or caregiver to encourage them to seek counseling if impacted by the school-connected traumatic event.

(c) The Department of Education shall cover the cost of grief counseling offered at the school to students for 45 days after a school-connected traumatic event. After 30 days, the Department and the school administration shall consult about the need for continuing grief counseling services, and the Department shall continue to cover the cost of grief counseling at the school for an additional 45 days where a showing of significant need for and utilization of the services has been made.

(d) Every public school shall prepare a crisis response policy that shall include, at a minimum, the following:

(1) The establishment of a district crisis response team, its composition, and roles of each crisis response team member in a school-connected traumatic event.

(2) Procedures for the verification of the school-connected traumatic event and the determination of the response level necessary from the crisis response team.

(3) Procedures for the assessment of the school-connected traumatic event’s impact on students and educators, the identification and referral of students that are most impacted by the event, and the coordination of required grief counseling and crisis response services.

(4) Evaluations for further continued support after the expiration of 30 days of grief counseling provided under subsection (c) of this section.

(5) Procedures for determining the appropriate amount of information to release about the event and how to disseminate this information to students, faculty, and staff.

(6) Policies providing behavioral health supports for crisis response team members involved in the response to a school-connected traumatic event.

(e) Each public school shall adopt the policy required by subsection (d) of this section and submit a copy to the Department of Education by September 1, 2024, and by September 1 of a newly-approved charter school’s first year of operation. Each school district and charter school shall provide any changes to the crisis response policy to the Department within 60 calendar days.

(f) By September 1 of each year, beginning in 2024, the Department of Education shall submit a report to the Chairs of the House and Senate Education Committees and the Chairs of the Joint Finance Committee detailing the cost of providing grief counseling in schools under this section.
14 Del. C. § 2410 — Delaware Code / Title 14 / Chapter 24 / Section 2410
§ Â
        2410. Hiring of prison employees.
Status: in_force

(a) The Department of Correction shall provide a minimum of 1 member to the employee application review committee and 1 member to the interview committee for the selection of new employees.

(b) The Department of Education shall provide names of all selected new employees to the Department of Correction a minimum of 15 working days before the starting date of a scheduled Department of Correction training program set forth in § 2405 of this title. The Department of Correction shall provide the date of any Department of Correction Training Program (CEIT) in sufficient time to allow for the selection of new employees prior to the upcoming training.

(c) Prior to an official employment offer, all candidates for employment under this program shall successfully pass a background clearance to be performed by the Department of Correction.
14 Del. C. § 1603 — Delaware Code / Title 14 / Chapter 16 / Section 1603
§ Â
        1603. Rules and regulations.
Status: in_force

The Department of Education shall, from time to time, adopt and promulgate such rules and regulations as will be necessary for the implementation of the program authorized by this chapter.
14 Del. C. § 1707 — Delaware Code / Title 14 / Chapter 17 / Section 1707
§ Â
        1707. Division III equalization funding.
Status: in_force

(a) Any school district which provides funds from local taxation for current operating expenses in excess of basic state appropriations, under Divisions I and II of this chapter, shall be eligible for state funds on a matching basis in accordance with this section.

(b) In the application of the formula, the following definitions shall apply:

(1) “Ability index” means the school district ability divided by the state average ability. In the case of a school district created under the provisions of § 1028(k) of this title, 2 ability indices shall be computed. “Tax district ability index” shall be computed by dividing the tax district ability by the state average ability. “Individual district ability index” shall be computed by dividing the individual district ability by the state average ability.

(2) “Authorized amount” means $29,650 for fiscal year 2006 and as established in the annual State Budget Appropriation Act thereafter.

(3) “Effort index” means the school district effort divided by the state average effort. The effort index for any school district shall not be greater than 1.00. In the case of a school district created under the provisions of § 1028(k) of this title, 2 effort indices shall be computed. “Tax district effort index” shall be computed by dividing the tax district effort by the state average effort. “Individual district effort index” shall be computed by dividing the individual district effort by the state average effort.

(4) “Local district effort index” applies only to school districts created under the provisions of § 1028(k) of this title and means the lesser of 1 minus the tax district effort index or the individual district effort index, but shall be a number at least equal to zero.

(5) “School district ability” means the total full valuation of all taxable real property within the school district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, divided by the number of units of pupils, excluding those units in special schools administered by a school district which are supported by a tuition tax, in the public schools of the school district as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a vocational-technical school district, the school district ability shall be determined by dividing the total full valuation of all taxable real property located within the vocational-technical school district by the total number of units in the public schools located in the vocational-technical school district’s attendance area, excluding those units assigned to special schools as defined herein and those units assigned to the vocational-technical school district, as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a school district created under the provisions of § 1028(k) of this title, 2 school district abilities shall be computed. “Tax district ability” shall be computed by dividing the total full valuation of all taxable real property located in the school tax district in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, by the number of units of pupils, excluding those units in special schools administered by all school districts in the school tax district, in the public schools of the school tax district as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district ability” shall be computed as specified in the first sentence of this paragraph.

(6) “School district current expense revenue” means the product of the school district’s current operating expense real estate tax rate times the total assessed valuation as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, plus the product of the school district’s capitation tax for current operating expense, times the number of capitations as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a school district created under the provisions of § 1028(k) of this title, 2 values for current expense revenues shall be computed “Tax district current expense revenue” shall be computed by multiplying the current operating expense real estate tax rate for the school tax district by the total assessed valuation of the school tax district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district current expense revenue” shall be computed as specified in the first sentence of this paragraph.

(7) “School district effort” means the school district’s current expense revenue divided by the school district’s total full valuation as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a county vocational-technical school district, the school district effort means the school district’s current expense revenue divided by the total number of units of pupils in the district in the year immediately preceding the fiscal year for which Division III funds are appropriated divided by the school district ability. In the case of a school district created under the provisions of § 1028(k) of this title, 2 values of school district effort shall be computed. “Tax district effort” shall be computed by dividing tax district current expense revenue by the total full valuation of taxable property in the school tax district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district effort” shall be computed by dividing individual district current expense revenue by the total full valuation of the school district as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated.

(8) “State average ability” means the total full valuation of all taxable real property in the State as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated divided by the total number of units of pupils in the public schools of the State, excluding those units assigned to vocational-technical school districts and those assigned to special schools as defined in paragraph (b)(5) of this section, as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated.

(9) “State average effort” means the authorized amount times 68.1% divided by the State average ability.

(10) “Total assessed valuation” means the official total assessed value of taxable real property appearing on the assessment rolls of appropriate county governing body or bodies as the case may be.

(11) “Total full valuation” means the total assessed valuation of taxable property divided by the average of the 3 most current assessment to sales price ratios. The Office of Management and Budget shall conduct, in accordance with nationally accepted standards and practices, an assessment to sales price study, by school district, on an annual basis in order to establish the most current ratios and such studies shall be open to public review. Each county is required to make available to the Office of Management and Budget, at the cost of reproduction only, machine-readable copies of its assessment and sales transactions files. In the event a county completes a general reassessment during the period between studies, the county’s assessment to sales price ratio shall be equal to its rate of assessment, until a subsequent assessment to sales price study is completed.

(12) “Units of pupils” means the total number of Division I units as specified in § 1703 of this title.

(c) The formula for determining the sums to be allocated in Division III, to school districts other than those created under the provisions of § 1028(k) of this title, shall be as provided in this subsection. The State share per unit is equal to the authorized amount times the effort index times the quantity of 1 minus .75 times the ability index; provided, that in no case shall the State share be less than the equivalent of 5% of the authorized amount times the effort index. The State share per unit in any fiscal year shall not be less than 95% or more than 105% of the State share per unit in the preceding fiscal year, except as provided in subsection (e) of this section. In fiscal years 2004 through and including fiscal year 2010, the State share per unit for those districts who are entitled to the formula minimum of 5% of the authorized amount times the effort index shall be 80% of the State share per unit in the preceding fiscal year.

(d) The formula for determining the sums to be allocated in Division III, to school districts created under the provisions of § 1028(k) of this title, shall be provided in this subsection. The State share per unit is equal to the sum of the 2 amounts defined as follows. The “tax district share” is equal to the authorized amount times the tax district effort index times the quantity of 1 minus .75 times the tax district ability index; provided, that in no case shall the tax district share be less than the equivalent of 5% of the authorized amount times the tax district effort index. The “individual district share” is equal to the authorized amount times the local district effort index times the quantity of 1 minus .75 times the individual district ability index; provided, that in no case shall the individual district share be less than the equivalent of 5% of the authorized amount times the individual district ability index. The State share per unit, the sum of the tax district share and the individual district share, in any fiscal year shall not be less than 95% or more than 105% of the State share per unit in the preceding fiscal year, except as provided in subsection (e) of this section.

(e) In the case of a school district with an effort index less than 1.00, or a district created under § 1028(k) of this title where the sum of the tax district effort index and the individual district effort index is less than 1.00, that passes a current expense tax referendum to increase taxes in the fiscal year preceding the fiscal year for which Division III funds are appropriated, the State share per unit shall be determined as provided in this subsection. The State share per unit shall first be computed in accordance with the provisions of subsection (c) or subsection (d) of this section, whichever calculation is appropriate for a particular school district, excluding the 105% provision. The State share per unit shall then be calculated a second time using the appropriate formula from subsection (c) or subsection (d) except that the current expense tax rate or rates for real estate and capitation for the current fiscal year shall replace the rates for the immediately preceding fiscal year throughout the calculation. The 105% maximum provision shall also be excluded in this second calculation. The State share per unit shall be equal to the amount computed in the second calculation; provided, that in no case shall the State share per unit be greater than the State share per unit under the second calculation minus the State share per unit under the first calculation plus 105% of the State share per unit in the preceding fiscal year.

(f) The 95% provision contained in subsection (c) and subsection (d) assumes that a school district does not reduce its current expense revenue by reducing current expense tax rates on real estate or capitations. In the event that a school district does reduce its current expense tax rate or rates, the 95% minimum shall not apply and the school district shall qualify for a State share per unit based upon the formula in subsection (c) or subsection (d) only.

(g) Total State equalization shall be computed by multiplying the State share per unit times the number of units of pupils enrolled in the school district, the vocational school district, or the special school in the fiscal year for which the Division III funds are appropriated.

(h) Division III funds shall be utilized to supplement funds appropriated under Division I, including legal expenses associated with collective bargaining, and Division II for the purpose of advancing education beyond the level authorized through the basic appropriations in Divisions I and II or through any other state or federal appropriation.

(i) A committee, composed of not less than 10 or more than 15 members, shall be appointed by the Secretary of the Department of Education to annually review and make recommendations on the equalization formula. The committee shall also be empowered to analyze other issues and concerns related to equalization that impact the State’s ability to achieve the basic purpose of equalization for Delaware’s school districts. The committee shall include at least the following: a representative of the State Board of Education; a representative from the Governor’s Office designated by the Governor; at least 1 member each from the House of Representatives and the State Senate designated by the Speaker of the House and the President Pro Tempore of the Senate, respectively; the Secretary of Finance or the Secretary’s designee; the Director of the Office of Management and Budget or the Director’s designee; the Controller General or the Controller General’s designee; a representative of the State Education Association designated by that organization; and at least 3 representatives of the local school districts, 1 from each county.
14 Del. C. § 1050 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1050
§ Â
        1050. Annual report.
Status: in_force

On or before August 15 of each year, the school board of each reorganized school district shall file with the Department of Education a district report as required by § 124A of this title. Such district report shall be a public document and be made available to the citizens of the school district. Each school district is also encouraged to include in such report such additional information as it believes will help its citizens better understand the current conditions, accomplishments, and policies of the school district, as well as the expenditures, revenues and business and financial transactions of the school district for the prior fiscal year, and the need for the improvement and advancement of the schools within the school district.
14 Del. C. § 5705 — Delaware Code / Title 14 / Chapter 57 / Section 5705
§ Â
        5705. Disbursement of income.
Status: in_force

The State Treasurer shall pay semiannually to the Treasurer of the University the income accrued upon the securities invested pursuant to § 5703 of this title.
14 Del. C. § 8248 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8248
§ Â
        8248. Establishment of the School Psychologist Interstate Licensure Compact Commission.
Status: reserved

(a) The member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this Compact, and this agency shall be known as the School Psychologist Interstate Licensure Compact Commission. The Commission is an instrumentality of the member states acting jointly and not an instrumentality of any 1 state. The Commission shall come into existence on or after the effective date of this Compact as set forth in § 8252 of this title.

(b) Membership, voting, and meetings. —

(1) Each member state shall have and be limited to 1 delegate selected by that member state’s state licensing authority.

(2) The delegate shall be the primary administrative officer of the member state licensing authority or their designee who is an employee of the member state licensing authority.

(3) The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

(4) The Commission may recommend removal or suspension of any delegate from office.

(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

(6) Each delegate shall be entitled to 1 vote on all matters before the Commission requiring a vote by Commission delegates.

(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.

(8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference or other similar electronic means.

(c) The Commission shall have all of the following powers:

(1) Establish the fiscal year of the Commission.

(2) Establish code of conduct and conflict of interest policies.

(3) Establish and amend rules and bylaws.

(4) Establish the procedure through which a licensee may change their home state.

(5) Maintain its financial records in accordance with the bylaws.

(6) Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules, and the bylaws.

(7) Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.

(8) Maintain and certify records and information provided to a member state as the authenticated business records of the Commission, and designate an agent to do so on the Commission’s behalf.

(9) Purchase and maintain insurance and bonds.

(10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

(11) Conduct an annual financial review; hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(12) Assess and collect fees.

(13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.

(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(16) Establish a budget and make expenditures.

(17) Borrow money.

(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws.

(19) Provide and receive information from, and cooperate with, law enforcement agencies.

(20) Establish and elect an executive committee, including a chair and a vice chair.

(21) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in this Compact.

(22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

(d) The Executive Committee. —

(1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include all of the following:

a. Oversee the day-to-day activities of the administration of this Compact including enforcement and compliance with the provisions of this Compact, its rules and bylaws, and other such duties as deemed necessary.

b. Recommend to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to member states, fees charged to licensees, and other fees.

c. Ensure Compact administration services are appropriately provided, including by contract.

d. Prepare and recommend the budget.

e. Maintain financial records on behalf of the Commission; monitor Compact compliance of member states and provide compliance reports to the Commission.

f. Establish additional committees as necessary.

g. Exercise the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw.

h. Other duties as provided in the rules or bylaws of the Commission.

(2) The Executive Committee shall be composed of up to 7 members as follows:

a. The chair and vice chair of the Commission shall be voting members of the Executive Committee.

b. The Commission shall elect 5 voting members from the current membership of the Commission.

(3) The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.

(4) The Executive Committee shall meet at least annually.

a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, nonpublic meeting as provided in paragraph (f)(2) of this section.

b. The Executive Committee shall give 30 days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

c. The Executive Committee may hold a special meeting in accordance with paragraph (f)(1)b. of this section.

(e) The Commission shall adopt and provide to the member states an annual report.

(f) Meetings of the Commission. —

(1) All meetings shall be open to the public, except that the Commission may meet in a closed, nonpublic meeting as provided in paragraph (f)(2) of this section.

a. Public notice for all meetings of the full Commission of meetings shall begiven in the same manner as required under the rulemaking provisions in § 8250 of this title, except that the Commission may hold a special meeting as provided in paragraph (f)(1)b. of this section.

b. The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all Commissioners, on the Commission’s website, and other means as provided in the Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as an emergency.

(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting for the Commission or Executive Committee or other committees of the Commission to receive legal advice or to discuss any of the following:

a. Noncompliance of a member state with its obligations under this Compact.

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees.

c. Current or threatened discipline of a licensee by the Commission or by a member state’s licensing authority.

d. Current, threatened, or reasonably anticipated litigation.

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

f. Accusing any person of a crime or formally censuring any person.

g. Trade secrets or commercial or financial information that is privileged or confidential.

h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

i. Investigative records compiled for law enforcement purposes.

j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact.

k. Matters specifically exempted from disclosure by federal or member state law.

l. Other matters as promulgated by the Commission by rule.

(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(g) Financing of the Commission. —

(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources as provided in paragraph (c)(13) of this section.

(3) The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees practicing in the member states under an equivalent license to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

(h) Qualified immunity, defense, and indemnification. —

(1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph (h)(1) shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

(2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph (h)(2) shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or wilful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.

(4) Nothing in this Compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act [15 U.S.C. § 1 et seq.], Clayton Act [15 U.S.C. § 12 et seq.], or any other state or federal antitrust or anticompetitive law or regulation.

(6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.
14 Del. C. § 4140 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4140
§ Â
        4140. Delaware School Safety and Security Fund.
Status: in_force

(a) There is hereby created the Delaware School Safety and Security Fund to provide partial or full funding to school districts, vocational technical schools, or charter schools (LEAs) for projects intended to improve school safety or security. The fund shall initially be funded with $5,000,000, and shall thereafter be subject to available appropriations. The Department of Education shall maintain a list of all eligible schools, which shall be limited to high schools, middle schools, and elementary schools.

(b) The Department of Education shall administer the Delaware School Safety and Security fund to provide funding to school districts, vocational technical schools, or charter schools (LEAs) for certain expenses incurred on or after June 30, 2022, for projects intended to improve school safety or security. The LEA, in conjunction with the Department of Education and Department of Safety and Homeland Security, shall determine which items to apply such funds to and the following expenses for the purposes of this section shall be considered minor capital, supporting implementation and programming expenditures and shall be eligible for such funds:

(1) Camera and monitoring equipment.

(2) Vestibule improvements to include framing, glass, hardware, and doors.

(3) Panic button hardware or software to include electronic software applications and technology, cell phone technology and applications.

(4) Door locks, window locks, or similar items.

(5) Magnet security systems.

(6) Swipe card systems.

(7) Visitor pass cameras and security systems.

(8) Door jamb opening sensors.

(9) Lockdown drills.

(10) Motion detectors.

(11) Security lighting.

(12) Bus camera security systems.

(13) Bus GPS location systems.

(14) Restraint training.

(15) Comprehensive school threat assessments.

(16) Prevention training and other programs effectively that teach youth and adults how to prevent school violence, shootings, and other harmful actions. Programs and training should be aligned with Collaborative for Academic, Social, and Emotional Learning (CASEL) competencies for social-emotional learning including relationship skills, social awareness, responsible decision-making and self-awareness.

(c) In addition to the expenses allowed under subsection (b) of this section, the LEA, in conjunction with the Department of Education and the Department of Safety and Homeland Security, may apply such funds to pay for constables or other law-enforcement personnel to be utilized by the LEA.

(d) The funds appropriated to the Delaware School Safety and Security Fund shall be distributed to the Department of Education and shall be allocated proportionately to LEAs based upon the previous year Division I unit count as certified in §§ 1704 and 1710 of this title. For purposes of this section, the provisions of § 7528(b) of Title 29 shall not apply.

(e) The Department of Education and the Department of Safety and Homeland Security shall create a review process and establish a list of criteria for reviewing such requests from LEAs.

(f) Charter schools shall not be eligible for improvements that would be considered major capital expenditures.
14 Del. C. § 131 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 131
§ Â
        131. Public school enrolleesâ immunization program; exemptions.
Status: in_force

(a) The Department shall from time to time, with advice from the Division of Public Health, adopt and promulgate rules and regulations to establish an immunization program to protect pupils enrolled in public schools from certain diseases. Such rules and regulations shall include at least the following:

(1) The designation of a basic series of immunizations to be administered according to these rules;

(2) The requirement that all persons enrolling in the public schools at any age or level as authorized by this title shall have:

a. Been immunized according to the required program prior to the time of enrollment in the Delaware schools;

b. Begun the series of immunizations not later than the time of enrollment to be completed within a reasonable time as prescribed by the Department in relation to the particular immunization involved; or

c. Presented written documentation of any claim of prior immunization in the form of a statement from the immunizing physician or agency or such other form as may from time to time be approved by regulation of the Department;

(3) Provision that persons seeking to be enrollees of the public school who have not been immunized or do not meet the requirements for immunization within the time prescribed shall be denied further attendance in the public schools;

(4) Provision for written notification of the parent, or legal guardian of an enrollee, of a pending exclusion;

(5) Provision for exemption from any or all of the immunization program prescribed for a particular enrollee upon a written statement from a physician, i.e., medical doctor or doctor of osteopathy, stating that the enrollee should not receive the prescribed immunization or immunizations required in the basic series because of the reasonable certainty of a reaction detrimental to that person. The asserted cause of medical exemption may be subject to review and approval by the Division of Public Health. A history of clinical illness of measles or rubella shall not be accepted as cause for exemption. The parents or legal guardian of a child medically exempt from the immunization program shall be informed by schools of the provisions within paragraph (a)(7) of this section;

(6) Provision for exemption from the immunization program for an enrollee whose parents or legal guardian, because of individual religious beliefs, reject the concept of immunization. Such a request for exemption shall be supported by the affidavit herein set forth:

________________

AFFIDAVIT OF RELIGIOUS BELIEF

STATE OF DELAWARE

________________

1. (I) (We) (am) (are) the (parent(s)) (legal guardian(s)) of ________________Name of Child .

2. (I) (We) hereby (swear) (affirm) that (I) (we) subscribe to a belief in a relation to a Supreme Being involving duties superior to those arising from any human relation.

3. (I) (We) further (swear) (affirm) that our belief is sincere and meaningful and occupies a place in (my) (our) life parallel to that filled by the orthodox belief in God.

4. This belief is not a political, sociological or philosophical view of a merely personal moral code.

5. This belief causes (me) (us) to request an exemption from the mandatory school vaccination program for ________________ Name of Child .

6. (I) (We) acknowledge that, in the event that the Division of Public Health declares that there is an outbreak of a vaccine preventable disease, or if in the estimation of the Division of Public Health, (my) (our) child has had, or is at risk of having an exposure to a vaccine preventable disease, (my) (our) child shall be temporarily excluded from attendance at the public school, in which case, it will be (my) (our) responsibility, along with the school, to assist (my) (our) child in keeping up with school work, and (my) (our) child shall be authorized to return to school once approved by the Division of Public Health.

7. (I) (We) acknowledge that (I) (we) have been given the opportunity to receive from the school district information regarding the medical benefits and risks in choosing whether to have the child participate in the immunization program, and if (I) (we) have not taken that opportunity, it is hereby waived.

________________________________________

Signature of Parent(s) or Legal Guardian(s)

SWORN TO AND SUBSCRIBED before me, a registered Notary Public, this ________ day of ________________, ________

(Stamp or Seal)

Notary Public:

My commission expires:

(7) Provision that, in the event that the Division of Public Health declares that there is an outbreak of a vaccine preventable disease or if in the estimation of the Division of Public Health any child has had or is at risk of having an exposure to a vaccine preventable disease, any child who is enrolled in a public school and who has been exempt from the immunization program for any of the causes authorized herein shall be temporarily excluded from attendance at the public school. Rules and regulations of the Department shall provide that in the event of such temporary exclusion, it will be the responsibility of the school and the parents or legal guardian of the enrollee to assist the enrollee in keeping up with that enrollee’s school work and that no academic penalty shall be suffered by the enrollee upon return to school if the student has maintained that student’s relationship with the school through the assignments prescribed. An enrollee so temporarily excluded shall be authorized to return to school once approved by the Division of Public Health;

(8) Provision that in any situation where the parents or legal guardian of the enrollee states that the enrollee has been immunized, but that the record has been lost or destroyed by the provider of the immunizations, the following procedure may be carried out by that responsible person and shall be accepted by the local school district board of education or its designee in lieu of compliance with the immunization requirement:

a. The responsible person, or the school nurse, shall sign a statement that the record of the enrollee’s immunization has been lost; and

b. The responsible person shall be responsible for the enrollee obtaining 1 dose of each of the vaccines prescribed in the basic series of immunization;

(9) Provision for an enrollee who has reached the statutory age of majority set by laws for the State to be responsible for that enrollee’s immunization program and for execution of the request for religious exemption herein authorized;

(10) Provision that it shall be the responsibility of each Delaware public school district to administer, or prescribe a designee to administer, rules and regulations herein authorized and promulgated by the Department of Education.

(b) Appeals from the decision of the Department rendered pursuant to this section shall be to the Superior Court and shall be made in the same manner as is provided by the Superior Court Civil Rules for appeals from commissions, boards and agencies. Such appeal shall be on the record before the Department.
14 Del. C. § 4112D — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112D
§ Â
        4112D. School bullying prevention.
Status: in_force

[Transferred to §  4164 of this title by 81 Del. Laws, c. 122, §  4, effective August 10, 2016.]
14 Del. C. § 3483 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3483
§ Â
        3483. Purpose.
Status: in_force

It is the intent and purpose of the General Assembly through this subchapter to establish the DE529 Education Savings Plan pursuant to 26 U.S.C. § 529 or successor section and to charge the Plans Management Board to implement and maintain the Plan through the adoption of rules and regulations for the administration of the Plan.
14 Del. C. § 3905 — Delaware Code / Title 14 / Chapter 39 / Section 3905
§ Â
        3905. Investigation of application and eligibility.
Status: in_force

The Department of Finance and the Board of Pension Trustees shall make investigations in order to determine the eligibility of the applicants or persons entitled to receive benefits under this chapter, as provided by law.
14 Del. C. § 9142 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9142
§ Â
        9142. Rules and regulations governing fiscal records pertaining to bonds.
Status: in_force

The Budget Commission, established by Chapter 63 of Title 29, shall promulgate and enforce rules and regulations governing the fiscal records to be maintained by the State Treasurer and the College pertaining to bonds of such College.
14 Del. C. § 9112 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9112
§ Â
        9112. Name of campus in Wilmington.
Status: in_force

The Wilmington campus of the Delaware Technical and Community College shall be named “Orlando J. George, Jr. Campus.”
14 Del. C. § 104 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 104
§ Â
        104. State Board of Education; composition; term; powers and duties; qualifications; vacancies; staggered appointments; office location; compensation; removal.
Status: repealed

(a) The State Board of Education, referred throughout this subchapter as “State Board,” consists of 9 members who are citizens of this State andappointed as follows:

(1) The Governor shall appoint, with Senate confirmation, 7 voting members.

a. Six of the 7 voting members are appointed for terms of up to 6 years, to ensure that no more than 2 members’ terms expire in the same year. Each of the 6 voting members serves until that member’s successor qualifies.

b. One of the 7 voting members is appointed as the President of the State Board and serves at the Governor’s pleasure.

(2) The Governor shall appoint annually 1 nonvoting member who is a former Delaware State Teacher of the Year and employed as a Delaware public school educator. The Teacher of the Year Advisory Board shall provide annually to the Governor a list of recommendations that includes at least 1 individual from each county in this State. This appointment does not require Senate confirmation.

(3) The Governor shall appoint annually 1 nonvoting member who, at the time of appointment, is or will be in the next school year an eleventh or twelfth grade student at a public school in this State, with priority given to the selection of an individual who has demonstrated commitment to ensuring quality education for Delaware students. This appointment does not require Senate confirmation.

(b) The State Board of Education has powers, duties, and responsibilities as specified in this title, including all of the following:

(1) Provide the Secretary of Education with advice regarding the development of policy in those areas of education policy where rule- and regulation-making authority is entrusted jointly to the Secretary and the State Board. The State Board shall also provide advice on new initiatives which the Secretary may from time to time propose. The Secretary shall consult with the State Board regularly on such issues to ensure that policy development benefits from the breadth of viewpoint and the stability which a citizens’ board can offer and to ensure that rules and regulations presented to the State Board for its approval are developed with input from the State Board. The State Board may recommend that the Secretary undertake certain initiatives which the State Board believes would improve public education in Delaware.

(2) Provide the Secretary of Education with advice on the Department’s annual operating budget and capital budget requests.

(3) Provide the Secretary of Education with advice in the preparation of the annual report specified in § 124 of this title, including recommendations for additional legislation and changes to existing legislation.

(4) Provide the Secretary of Education with advice concerning the implementation of the student achievement and statewide assessment program specified in § 122(b)(4) of this title.

(5) Decide, without expense to the parties concerned, certain types of controversies and disputes involving the administration of the public school system. The specific types of controversies and disputes appropriate for State Board resolution and the procedures for conducting hearings must be established by rules and regulations under § 121(a)(12) of this title.

(6) Fix and establish the boundaries of school districts which may be doubtful or in dispute, or change district boundaries as provided in §§ 1025, 1026, and 1027 of this title.

(7) Decide on all controversies involving rules and regulations of local boards of education under § 1058 of this title.

(8) Subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the State Board finds appropriate to conduct investigations and hearings under paragraphs (b)(5), (6), and (7) of this section.

(9) Review decisions of the Secretary of Education, upon application for review, where specific provisions of this title provide for such review. The State Board may reverse the decision of the Secretary only if it decides, after consulting with legal counsel to the Department, that the Secretary’s decision is contrary to a specific state or federal law or regulation, not supported by substantial evidence, or arbitrary and capricious. In such cases, the State Board shall set forth in writing the legal basis for its conclusion.

(10) Approve Department rules and regulations that require State Board approval, under specific provisions of this title, before the rules and regulations are implemented.

(11) Approve rules and regulations governing institutions of postsecondary education that offer courses, programs of courses, or degrees within the State or by correspondence to residents of this State under§ 121(a)(16) or § 122(b)(8) of this title.

(12) Any provision of Chapter 5 of this title to the contrary notwithstanding, decide appeals of decisions by the board of directors of a charter school to suspend or expel a student for disciplinary reasons. In deciding such cases, the State Board shall employ the standard of review under § 1058 of this title.

(13) Digitally record all of the State Board’s regular monthly public board meetings and make the recordings available to the public on the Department of Education’s website within 7 business days of each meeting. These recordings are not official board minutes, but are a means to enhance communication to the public and state legislators. The requirements of this section do not apply to meetings where recording equipment is not available, executive sessions, or other State Board meetings, such as workshops, retreats, and committee meetings. The Department of Education must provide a written transcript of a regular monthly public State Board meeting that is digitally recorded under this paragraph, or other reasonable accommodation, within 7 business days upon request of an individual with a hearing impairment.

(14) Under Chapter 33 of this title, serve as the State Board for Vocational-Technical Education (Career and Technical Education) and as the “eligible agency” and sole agency responsible for the supervision of administration of career and technical education for purposes of the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) (20 U.S.C. § 2301 et seq.), and any subsequent reauthorization thereof, and be subject to its requirements and any implementing regulations. As used in this title, “career and technical education” has the same meaning as “vocational-technical education.”

(c) (1) The Department, through the Secretary, shall provide reasonable staff support to assist the State Board in performing its duties under this title. The Department shall provide to the State Board all of the following:

a. Reports and data necessary to enable the State Board to perform its duties under this title.

b. One staff member, an Executive Director. A majority of the State Board members shall select the Executive Director. Once appointed, the Executive Director is an employee of the Department, subject to all of the Department’s employment policies and procedures, and serves at the pleasure of the State Board. The Executive Director’s duties are as follows:

1. Coordinate and implement all requirements for State Board meetings, including posting meeting notices and minutes.

2. Provide necessary reports and data in conjunction with paragraph (c)(1)a. of this section regarding the State Board’s responsibilities.

3. Support State Board members in necessary training and preparation to fulfill their roles and responsibilities.

4. Serve as the State Board’s point of contact regarding matters specific to the State Board.

5. Produce and post minutes for each State Board meeting, including uploading digital recordings under paragraph (b)(13) of this section.

(2) The Secretary of Education, in addition to the Secretary’s other duties of office, serves as Executive Secretary of the State Board.

(d) The members of the State Board appointed under paragraph (a)(1) of this section must be of good character and fitness and, in addition to the requirements of subsection (a) of this section, are subject to the following qualifications:

(1) At least 2 members must have prior experience on a local board of education.

(2) No more than 4 members may belong to the same political party.

(3) An individual who has been a resident of this State for less than 5 years immediately preceding appointment is not eligible to be a member.

(4) An individual who is already subject to the State Board’s authority may not be appointed to the State Board as a voting member.

(5) A member is eligible for reappointment unless otherwise disqualified by this title.

(6) The members must meet the following geographic qualifications:

a. The President and 1 other member may be appointed from the State at large.

b. One member is a resident of the City of Wilmington.

c. Two members are residents of New Castle County outside the City of Wilmington.

d. One member is a resident of Kent County.

e. One member is a resident of Sussex County.

(e) (1) If, after appointment, a State Board member is convicted or pleads guilty or nolo contendere to a crime under § 209(a) of this title, the Governor must remove the member.

(2) a. If a State Board member is charged with a crime under § 209(a) of this title, the State Board member is automatically suspended pending the final resolution of the charges.

b. If the charges under § 209(a) of this title that are the basis of the suspension under paragraph (e)(2)a. of this section are resolved in favor of the suspended State Board member before the expiration of the suspended State Board member’s unexpired term, the State Board member may immediately return to service as a member of the school board.

(3) If a State Board member is suspended under paragraph (e)(2)a. of this section, the State Board member’s seat is treated as vacant for purposes of quorum under subsection (i) of this section until 1 of the following occur:

a. The suspended school board member resigns.

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

c. The charges that are the basis for the suspension are resolved in favor of the suspended school board member.

d. The suspended school board member ceases to be a member of the school board under paragraph (e)(1) of this section.

(f) [Repealed.]

(g) The Department shall provide or obtain office space in Dover for the State Board.

(h) State Board members shall receive $100 for each day’s attendance at State Boardmeetings, not to exceed 24 days’ attendance in any 1 calendar year, and be reimbursed for actual travel and other necessary expenses incurred in attending meetings and transacting the business of the State Board.

(i) The number of members who must be present at a State Board meeting in order to have a quorum and conduct official business is the majority of appointed, voting members.

(j) The Governor may remove a State Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance 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 State Board meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.

(k) The State Board shall rotate locations of regular meetings among the 3 counties of this State, with each location to host, whenever possible, an agenda item that is relevant to the county in which it is being held, and rotating the locations among the 3 counties in such a way to facilitate parents’, teachers’, and other community members’ attendance.
14 Del. C. § 1002 — Delaware Code / Title 14 / Chapter 10 / Subchapter I / Section 1002
§ Â
        1002. Definitions.
Status: in_force

Unless otherwise defined in this chapter:

(1) “Component former school board” means the board of education of any component former school district or component school district.

(2) “Component former school district” or “component school district” means a school district, as constituted on July 1, 1977, which comprises in whole or in part a reorganized school district on or after July 1, 1978.

(3) “Reorganized school district” or “newly reorganized school district” means a school district which is constituted and established in accordance with this chapter, provided that “reorganized school district” or “newly reorganized school district”, for the purposes of this subchapter and § 1028(k) of this title, shall not include any district specifically created to administer a system of vocational and/or technical education.

(4) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with this chapter.

(5) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area provided that “school district” shall not, for the purposes of this subchapter and § 1028(k) of this title, include any district specifically created to administer a system of vocational and/or technical education.
14 Del. C. § 3504 — Delaware Code / Title 14 / Chapter 35 / Section 3504
§ Â
        3504. Failure to establish part-time schools or classes.
Status: in_force

Any school district which refuses or neglects to provide adequately for part-time schools or classes as required by this chapter shall forfeit from state funds due such school district for high school purposes an amount equal to that which is estimated by the Department of Education as necessary to operate and maintain part-time classes needed by that school district.
14 Del. C. § 8233 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8233
§ Â
        8233. Consistent effect and conflict with other state laws.
Status: in_force

(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.

(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.

(c) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
14 Del. C. § 169A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 169A
§ Â
        169A. Powers and duties of the Interstate Commission.
Status: in_force

The Interstate Commission shall have the following powers:

(A) To provide for dispute resolution among member states.

(B) To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

(C) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

(D) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

(E) To establish and maintain offices which shall be located within 1 or more of the member states.

(F) To purchase and maintain insurance and bonds.

(G) To borrow, accept, hire or contract for services of personnel.

(H) To establish and appoint committees including, but not limited to, an executive committee as required by § 168A, subsection (E), of this title which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

(I) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

(J) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

(K) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

(L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

(M) To establish a budget and make expenditures.

(N) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

(O) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

(P) To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

(Q) To establish uniform standards for the reporting, collecting and exchanging of data.

(R) To maintain corporate books and records in accordance with the bylaws.

(S) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(T) To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
14 Del. C. § 3404A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3404A
§ Â
        3404A. Eligibility.
Status: in_force

(a) To be eligible to participate in the SEED program and to qualify for a grant to pay tuition by the State pursuant to this subchapter for the first semester or other academic unit of post-secondary enrollment at Delaware Technical and Community College or the University of Delaware, Associate in Arts program, a student shall meet all of the following:

(1) Except as provided in paragraph (a)(6) of this section, a student who satisfies the state residency requirements set forth in the institution’s residency policy shall be eligible for such grant if that student is enrolled on a full time, degree seeking basis, is a student with a disability seeking a degree through the institution’s academic accommodation policy, or is enrolled in a credit or noncredit program leading to the award of a recognized academic credential at Delaware Technical and Community College.

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

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

(4) A student shall have graduated from a Delaware public or nonpublic high school or have earned the Delaware State Board of Education Endorsement Secondary Credential. In addition, a student who enrolls in an associate’s degree program shall have graduated from a Delaware public or nonpublic high school with a minimum cumulative average of either 80% or higher on a 100 point scale or a grade point average (G.P.A.) of 2.5 or higher on a 4.0 scale as indicated on the student’s official high school transcript. A student who enrolls in an associate’s degree program as the holder of a Delaware State Board of Education Endorsement Secondary Credential shall have earned a cumulative score on the GED examination that is equivalent to a 2.5 G.P.A. on a 4.0 scale based on the standard formula for converting GED to GPA. For purposes of this subchapter, a student who does not meet the qualifying criteria may request the institution recalculate the point percentage or G.P.A. based on the student’s official high school transcript and the following conversion table:

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

(5) A student shall have satisfied admission standards as determined by Delaware Technical and Community College or the University of Delaware, Associate in Arts program for entering students or as determined by the University of Delaware for the Associates in Arts Program; provided, however, that no student participating in the SEED program shall be admitted into Delaware Technical and Community College by special admission standards.

(6) An adult student shall have been a Delaware resident as defined by the institution’s residency policy for not less than 5 consecutive years prior to the date of enrollment in addition to meeting the other requirements set forth in paragraph (a)(1) of this section.

(7) Each institution shall create and implement its own equivalency standards for paragraph (a)(4) of this section in establishing eligibility of Delaware home schooled students for grants under the SEED program.

(8) Subject to the limitations set forth in § 3406A(c) of this title, a student who enrolls in a credit or noncredit program leading to the award of a recognized academic credential with a cumulative high school G.P.A. less than 2.5 shall nevertheless be eligible for a SEED grant to pursue an associate’s degree if the program in which the student is enrolled is part of a pathway to an associate’s degree established by Delaware Technical and Community College and the student successfully completes each step thereof.

(b) Notwithstanding other provisions in this subchapter, for those individuals who have lived in foster care under the jurisdiction of the Department of Services for Children and Their Families at any point in time between the ages of 16 and 18, whether placed within Delaware or outside Delaware, the provisions of paragraphs (a)(4) and (a)(6) of this section, § 3406A(a)(1), and (c) of this title do not apply. Any individual qualifying under this subsection shall make steady academic progress toward an associate’s degree and shall not be eligible to receive grants if that individual takes longer than 5 years to attain an associate’s degree.
14 Del. C. § 1503 — Delaware Code / Title 14 / Chapter 15 / Section 1503
§ Â
        1503. Limitation on terms of contracts.
Status: in_force

No contract for public school purposes that is predicated on the availability of state funds shall be made to extend beyond the fiscal year covered by the current appropriation of the General Assembly in effect at the time of the making of such contract, unless all of the funds required to satisfy the obligation are available for encumbrance, or a cancellation provision should funds not be subsequently appropriated is included in the original contract. This provision does not apply to contracts involving the expenditure of moneys raised by bond issues or advance purchase orders for instructional materials duly authorized by the Secretary of Finance.
14 Del. C. § 4018 — Delaware Code / Title 14 / Chapter 40 / Section 4018
§ Â
        4018. Status of existing exclusive representative.
Status: in_force

An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to the effective date of this chapter shall so continue without the requirement of an election and certification until such time as a question concerning representation is appropriately raised under this chapter in accordance with § 4011(b) of this title, or until the Board would find the unit not to be appropriate in accordance with § 4010(f) of this title.
14 Del. C. § 9134 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9134
§ Â
        9134. Procedure governing sale of bonds to State.
Status: in_force

The State shall purchase any bonds and/or promissory notes to be issued by the College under the authority contained in this chapter or under any other provision of law of this State at private sale. The State may require that the validity of the bonds be approved by the Attorney General or the Attorney General’s designee. The Board shall cause a complete record of the proceedings taken in relation to the issuance of the bonds to be made and kept with the Board’s other records.
14 Del. C. § 153 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 153
§ Â
        153. Matriculation and academic promotion requirements.
Status: in_force

(a) The Department shall identify 4 levels of individual student performance relative to the state content standards on the assessments administered pursuant to § 151(b) and (c) of this title to fulfill the following 3 important functions:

(1) Determine the level or levels of individual performance sufficient to demonstrate a proficient level of performance relative to the state content standards;

(2) Determine the level or levels of individual performance sufficient to demonstrate superior and proficient performance meriting recognition for outstanding and standards-level achievement pursuant to subsection (c) of this section; and

(3) Determine the level or levels of individual performance inadequate to demonstrate a proficient level of performance relative to the state content standards and which warrant requiring students performing at such levels to participate in academic improvement activities as specified in subsection (d) of this section.

(b) The Department may approve other individual student indicators that may be used to determine a student’s performance relative to the state content standards. Such indicators shall:

(1) Provide a measure of individual student performance relative to the state content standards; and

(2) Include performance on district-administered assessments pursuant to subsection (e) of this section, performance on end-of-course assessments, student classroom work products, or classroom grades supported by evidence of student work that demonstrates a student’s performance level pursuant to subsection (a) of this section.

(c) The Department will promulgate rules and regulations for scholarships awarded through the Michael C. Ferguson Achievement Awards program prior to 2016. Unused funds will revert to the Scholarships Fund for the Delaware Higher Education Office to allocate among the various programs under Chapter 34 of this title, with prior approval of the Secretary of Education, the Director of the Office of Management and Budget, and the Controller General, to meet state priorities, achieve program objectives, and respond to student demand.

(d) The Department shall require that students whose performance on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title is inadequate to demonstrate a proficient level of performance relative to the state content standards, benchmarked to the extent practicable to accurately reflect the point in the school year that students actually are administered the statewide assessment, participate in academic improvement activities as follows:

(1) A third, fifth or eighth grade student whose performance on the reading portion of the assessments administered pursuant to § 151(b) and (c) of this title is Below the Standard, Level II on the statewide assessment, shall not advance to the next grade unless:

a. The student’s parent or parents or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated by the state assessment. A student’s parent or parents or guardian shall have the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to this section;

b. If no agreement pursuant to paragraph (d)(1)a. of this section can be reached, the student shall attend a summer school program and demonstrate a proficient level of performance on the state reading assessment prior to the commencement of the next school year. If at the end of summer school the student still does not demonstrate proficiency on the state reading assessment the student shall be retained unless an academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section; or

c. The student has previously been retained for 2 years because of academic performance.

(2) A third, fifth or eighth grade student whose performance on the reading portion of the assessments administered pursuant to § 151(b) and (c) of this title is Well Below the Standard, Level I on the statewide assessment, shall not advance to the next grade unless:

a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on the state reading assessment prior to the commencement of the next school year; and if the student’s performance is at Below the Standard, Level II, the student’s parent or parents or guardian and the school district agree on an individual improvement plan in accordance with paragraph (d)(1)a. of this section.

b. An academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance on the reading assessment after at least 1 retake of the state assessment at a grade level; or

c. The student has previously been retained for 2 years because of academic performance.

d. Notwithstanding the requirements of paragraphs (d)(2)a. and (d)(2)b. of this section, a student may advance to the next grade level without attending summer school if an academic review committee composed of educators from the student’s district or charter school determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section.

(3) An eighth grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) and (c) of this title is Below the Standard, Level II on the statewide assessment, shall not advance to the next grade unless:

a. The student’s parent or parents or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated on the state assessment. A student’s parent or parents or guardian shall have the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to this section;

b. If no agreement pursuant to paragraph (d)(3)a. of this section can be reached, the student shall attend a summer school program and demonstrate a proficient level of performance on the state mathematics assessment prior to the commencement of the next school year. If at the end of summer school, the student still does not demonstrate proficiency on the state assessment, the student shall be retained unless an academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section; or

c. The student has previously been retained for 2 years because of academic performance.

(4) An eighth grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) and (c) of this title is Well Below the Standard, Level I on the statewide assessment, shall not advance to the next grade unless:

a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on the state mathematics assessment prior to the commencement of the next school year; and if the student’s performance is at Below the Standard, Level II, the student’s parent(s) or guardian and the school district agree on an individual improvement plan in accordance with paragraph (d)(3)a. of this section.

b. An academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance on the state mathematics assessment after at least 1 retake of the state assessment at a grade level; or

c. The student has previously been retained for 2 years because of academic performance.

d. Notwithstanding the requirements of paragraphs (d)(4)a. and (d)(4)b. of this section, a student may advance to the next grade level without attending summer school if an academic review committee composed of educators from the student’s district or charter school determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section.

(5) With respect to a student whose performance continues to be deficient after completion of the retention year, the Department may not require that the student’s district retain the student at grade level for another year, but shall require that the district develop an individual improvement plan pursuant to Department regulations. The Department regulations must require that each individual improvement plan identify a specific course of study for the student and the academic improvement activities the student must undertake in order to improve the student’s ability to a proficient level. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs.

(6) For a student whose performance on the statewide assessment pursuant to § 151(b) and (c) of this title at grade 6 or 7 in mathematics or grade 4, 6 or 7 in reading whose score assessment does not meet a proficient level of performance relative to the state content standards, the local school district shall, in consultation with the student’s parent or parents or guardian, develop an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school and/or tutoring) to remediate those areas of weakness demonstrated by the assessment. To the extent the statewide assessment is not available, local school districts shall strive to use other means to identify students deemed in danger of failing to reach a proficient level of performance relative to the state content standards on assessments administered pursuant to § 151(b) and (c) of this title and shall develop individual improvement plans for those students to remediate identified areas of weakness.

(7) The Department may require school districts to undertake academic improvement activities with respect to students whose performance is inadequate to demonstrate a proficient level of performance relative to the state content standards on an assessment pursuant to § 151(b) and (c) of this title. Such activities may include extra instruction or mentoring programs.

(8) Any academic review committee established pursuant to this subsection shall include at least 1 teacher from the grade level to which the student may be promoted.

(9) An individual student’s mandatory participation in summer school pursuant to paragraph (d)(2) or (4) of this section may not be excused on more than 2 occasions by the use of other indicators.

(e) The Department shall identify and certify alternative assessments to determine whether students have reached the same proficient level of performance as is required on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title. Any alternative assessment shall be equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) and (c) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the Secretary and the State Board of Education who shall issue written findings supporting the Department’s decision to approve an alternative assessment. Nothing contained in this subsection shall prevent an individual school district, with approval of the Department, from establishing alternative assessments to determine whether students have reached the same proficient level of performance required on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title. Any alternative assessments proposed by an individual district shall, prior to approval, be found by the Department to be equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) and (c) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the Secretary and the State Board of Education, who shall issue written findings supporting the Department’s decision to approve an alternative assessment. Any district that receives such approval shall provide such continuing evidence of the alternative assessment’s reliability and validity as the Secretary and State Board of Education shall require to ensure compliance with this subchapter.

(f) School districts may require any student to participate in academic improvement activities specified for the student by the district in accordance with the Department rules and regulations promulgated pursuant to this section or in accordance with the district’s own policies. A student who refuses to comply with a district requirement for participation in academic improvement activities shall be subject to the same disciplinary actions as for other acts of absenteeism or truancy.

(g) Those students administered alternate assessments pursuant to § 151(f) of this title shall not be subject to the provisions of subsection (d) of this section.

(h) The Department shall promulgate rules and regulations to ensure the proper administration of the assessment pursuant to § 151 of this title. Such rules and regulations shall ensure that assessments are administered in accordance with security procedures which guarantee the validity of the results of such assessments.

(i) The Department shall promulgate rules and regulations to implement this section.
14 Del. C. § 2402 — Delaware Code / Title 14 / Chapter 24 / Section 2402
§ Â
        2402. Qualifications.
Status: in_force

The qualifications of employees for the Prison Education Program, except secretaries, shall be the same as those qualifications for employees in public high schools. Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.
14 Del. C. § 3422 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3422
§ Â
        3422. Speech/language pathologist incentive loan awarded prior to July 1, 2022.
Status: repealed

(a), (b) [Repealed.]

(c) Repayment and forgiveness. —

(1) For purposes of this program, qualifying employment is employment as a licensed speech pathologist either in a Delaware public school or by a provider for programs serving infants and toddlers under Part C, Birth to Three Early Intervention System [20 USC § 1431 et seq.] and their contractors.

(2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan.

(d) [Repealed.]
14 Del. C. § 311 — Delaware Code / Title 14 / Chapter 3 / Section 311
§ Â
        311. Annual report.
Status: in_force

The Board, in consultation and cooperation with the Department, shall submit an annual report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services on or before January 31 each year.
14 Del. C. § 1072 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1072
§ Â
        1072. Time; places; annual election of school board members; dates.
Status: in_force

(a) School elections, for whatever purposes, must be held between the hours of 7:00 a.m. and 8:00 p.m. prevailing local time during which time the polls shall remain open.

(b) The Department of Elections conducting the election shall designate and procure the buildings within the district, including buildings not owned by the school district, which shall be used as polling places for any public school election. The suitability, convenience and accessibility of a polling place to voters of the school district must be given prime consideration in its selection. Whenever possible, such polling place shall be located in public buildings which shall include suitable schools, government buildings, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places. In the event that no public building is available in a conveniently located and readily accessible place, then the Department of Elections conducting the election may designate a suitable, conveniently located and readily accessible private business establishment.

(1) The reorganized school district for which an election is being conducted under this subchapter shall provide school district buildings designated as polling places and/or as election officer training sites by the Department of Elections conducting the election to that Department of Elections without charge for use or fee for custodial services.

(2) The Department of Elections conducting an election may establish one or more polling places for that election outside of the boundaries of the reorganized school district for which the election is being conducted as deemed necessary and proper by that Department of Elections.

(c) Elections for school board members shall be held annually on the second Tuesday of May; except, that when only 1 person files for election to a given vacancy the school board shall declare that person elected and shall not open the polls for an election to fill that vacancy.

(d) All public school elections other than school board elections shall be held on the date set by the local school board of the school district in which such elections are to be held and in accordance with subsections (a) and (b) of this section.

(e) All school districts are requested to consider scheduling an in-service day for the second Tuesday in May.
14 Del. C. § 4117 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4117
§ Â
        4117. Substance abuse.
Status: in_force

(a) Each school district shall designate an administrator in every school as the person responsible for reporting, to parents and/or law enforcement agencies, any violation and/or problems relating to the abuse of controlled substances. Such administrator shall not be liable under the laws of this State for any act or omission committed by the administrator in the performance of that administrator’s duties and responsibilities under this section.

(b) No administrator having reporting responsibilities under this section shall be required to report any substance abuse violation and/or problem to a parent if such person, being the principal of the school, reasonably believes that a parent or parents are a cause of or are involved in the violation and/or problem; nor shall any other administrator, having reporting responsibilities under this section, be required to report any substance abuse violation and/or problem to a parent, if such administrator and the principal of the school both believe that a parent or parents are a cause of or are involved in the violation or problem.
14 Del. C. § 1716A — Delaware Code / Title 14 / Chapter 17 / Section 1716A
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        1716A. Related services unit and funding.
Status: in_force

(a) “Related services unit” is defined for funding purposes as 1 funding unit for each 57 units of the K-3, 4-12 (regular education) and basic units. For the pre-K-12 intensive the ratio shall be 1 funding unit for each 5.5 units. For the pre-K-12 complex the ratio shall be 1 funding unit for each 3.0 units. Four related services units shall be assigned to support the state-wide deaf-blind program.

(b) Each pupil counted in establishing a unit for children with disabilities may be counted only once in a district. For pupils who attend schools in more than 1 district during each school day, the pupil is to be counted in each school district for the portion of the day that the pupil is in attendance there.

(c) For purposes of this section, “children with disabilities” shall include pupils meeting the definition set forth in Chapter 31 of this title, as further defined according to rules and regulations of the Department with approval of the State Board of Education.

(d) “Related services” shall be special services provided for children with disabilities and shall be defined in rules and regulations of the Department with approval of the State Board of Education. Rules and regulations may include, but are not limited to, such services as speech therapy, occupational therapy, physical therapy, early identification and assessment of disabilities, special counseling services, developmental, corrective or supportive services that may assist a child with a disability to benefit from special education. Medical services provided shall be for diagnostic or evaluation purposes only. Special transportation services provided from this funding shall be only those services unique to a particular disability and shall be services provided during the school program and shall not include transportation to and from school.

(e) Funds appropriated in support of this unit may be used for expenditures under Division I or Division II for the purchase of assistive materials or services from persons or agencies to be used in support of students with disabilities herein authorized and for no other purpose.

(f) The dollar value of this unit, when applied to the employment of a full-time certified person such as, but not limited to, a teacher, a therapist or a specialist, shall be as provided in this title, but, when applied as herein authorized for other related services, shall be the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 10 months. The calculation of this funding shall be for the current school year. Expenditures on behalf of this unit when used for the purchase of services shall be up to but not in excess of the amount herein authorized.

(g) Funding authorized by this section shall be used to supplement regular school programs for children with disabilities, and may provide for the assignment of 1060 hours of school attendance and the full work days of employment as described in § 1305 of this title to be assigned during any of the months of a 12-month fiscal year beginning July 1.

(h) Any school district wishing to use funds under any of the options set forth in this section shall make application to the Department of Education for that use; provided, that the State Board may review any objection to the Department’s decision. The application shall indicate that these funds are being used to supplement programs in the school district and that their use will not supplant personnel, services, supplies or materials provided from local funding sources.