14 Del. C. § 9304 — Delaware Code / Title 14 / Chapter 93 / Section 9304
§ Â
        9304. Enforcement by institution.
Status: in_force

(a) Anti-hazing policy. — Each institution shall adopt a written anti-hazing policy and, pursuant to that policy, shall adopt rules prohibiting students or other persons associated with any organization operating under the sanction of or recognized as an organization by the institution from engaging in any activity which can be described as hazing.

(b) Enforcement and penalties. — (1) Each institution shall provide a program for the enforcement of such rules and shall adopt appropriate penalties for violations of such rules to be administered by the person or agency at the institution responsible for the sanctioning or recognition of such organizations.

(2) Such penalties may include the imposition of fines, the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines and the imposition of probation, suspension or dismissal.

(3) In the case of an organization which authorizes hazing in blatant disregard of such rules, penalties may also include recision of permission for that organization to operate on campus property or to otherwise operate under the sanction or recognition of the institution.

(4) All penalties imposed under the authority of this section shall be in addition to any penalty imposed for violation of paragraph (b)(3) of this section or any of the criminal laws of this State or for violation of any other institutional rule to which the violator may be subject.

(5) Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.
14 Del. C. § 4139 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4139
§ Â
        4139. Computer science.
Status: in_force

(a) By the 2020-2021 school year, all public high schools, including charter schools, shall offer at least 1 computer science course. The Department of Education is directed to develop standards for computer science and seek approval of the State Board of Education of such standards no later than December 31, 2017.

(b) Beginning with the 2018-2019 school year, the requirements to receive a Delaware diploma, pursuant to § 122(b)(3) of this title, shall permit an advanced placement, honors, college prep or integrated computer science course, meeting the computer science and mathematics standards, to be used to satisfy a mathematics graduation credit requirement with the exception of algebra I, geometry, algebra II, or the equivalent courses. Guidelines addressing the standards and content requirements for courses that satisfy the graduation requirements shall be developed by the Department, with the assent of the State Board of Education.

(c) A public high school, including a charter school, may request a waiver of subsection (a) of this section requiring the public high school to offer at least 1 computer science course if it can be demonstrated that implementation of the requirement would be a burden either financially or programmatically to the public high school. The waiver request must be provided in writing to the Secretary of Education or designee who shall make the final decision whether to approve or deny the waiver request. The Department may promulgate regulation for implementation of this subsection.
14 Del. C. § 1069 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1069
§ Â
        1069. School Board for Cape Henlopen School District [For application of this section, see 83 Del. Laws, c. 251, Â 7].
Status: in_force

(a) Notwithstanding anything contained in this chapter to the contrary, the School Board of the Cape Henlopen School District shall be composed of 7 members.

(b) The Cape Henlopen School District is hereby divided into 4 areas as follows:

(1) Area A. — Beginning at a point on the shoreline of the Delaware Bay between Broadkill Beach and Roosevelt Inlet near where the Broadkill River runs in an east-westerly direction; thence following a westerly direction through the middle of the Broadkill River to the midpoint of the confluence of Beaverdam Creek; thence in a southerly direction through the middle of Beaverdam Creek to the boundary line of Cape Henlopen School District; thence following the boundary of Cape Henlopen School District first in a westerly direction and extending to the shoreline of Delaware Bay in the vicinity of Fowlers Beach; thence in a southerly direction to the beginning point.

(2) Area B. — Beginning at a point on the shoreline of the Delaware Bay intersected by a perpendicular line running through and extended from the middle of Route 9 on Lewes Beach; thence following a westerly direction through the middle of Route 9 until the intersection of Route 261; thence in a southerly direction through the middle of Route 261 until the intersection of Route 285; thence in a southerly direction through the middle of Route 285 to the intersection of Route 5; thence southerly through the middle of Route 5 until the intersection with the District’s boundary: thence following the District’s boundary first in a westerly then northerly direction until the boundary connects to the same point where Area A’s boundary intersects with Route 259 and Beaverdam Creek; thence following the same boundary for Area A to the Delaware Bay; thence in a southerly direction along the shoreline of Delaware Bay to the beginning point.

(3) Area C. — Beginning at the same point on the shoreline of Delaware Bay as Area B and following the same boundary of Area B in a westerly and then southerly direction until the line meets the District boundary; thence in an easterly direction along the District boundary to a point on the boundary which is directly grid south of the tip of Bald Eagle Point; thence in a northwesterly direction, off-shore of land, through the center of Love Creek to the intersection of Route 24; thence in a northeasterly direction through the center of Route 24 until the intersection of Route 1; thence for a short distance in a southerly direction through the center of Route 1 until the intersection of Route 270; thence in a northeasterly direction through the center of Route 270 until the termination of Route 270 near the sewage treatment plant; thence in a grid easterly direction to the shoreline of the Atlantic Ocean; thence in a northerly direction along the shoreline of the Atlantic Ocean and then in a westerly direction along the shoreline of the Delaware Bay to the beginning point.

(4) Area D. — Beginning at a point where the Indian River Inlet and the Atlantic Ocean converge; thence in a westerly and then northerly direction until the line meets the point of intersection for Area C and the District boundary; thence following the same boundary for Area C in a northerly and then easterly direction until the line meets the shoreline of the Atlantic Ocean; thence in a southerly direction to the beginning point.

(c) School board members shall be elected in the following manner:

(1) At the regular school election in 1997, the qualified electors in the school district shall choose 1 member who is a resident of Area D. The member shall serve a term of 1 year.

(2) At the regular school election in 1998, the qualified electors in the school district shall choose 1 member who is a resident of Area A. One member shall be elected from Area D and shall serve a term of 4 years.

(3) At the regular school election in 1999, the qualified electors in the school district shall choose 1 member who is a resident of Area C and 1 member who is a resident of the district at large.

(4) At the regular school election in 2000, the qualified electors in the school district shall choose 1 member who is a resident of Area B and 1 member who is a resident of the district at large.

(5) At the regular school election in 2001, the qualified electors in the school district shall choose 1 member who is a resident of the district at large.

(6) All subsequent school board elections shall follow a schedule with a 5 year sequence as herein listed and thereafter:

2002 — Elect 1 member who is an inhabitant of Area D.

2003 — Elect 1 member who is an inhabitant of Area A.

2004 — Elect 1 member who is an inhabitant of Area C and 1 member who is an inhabitant of the district at large.

2005 — Elect 1 member who is an inhabitant of Area B and 1 member who is an inhabitant of the district at large.

2006 — Elect 1 member who is an inhabitant of the district at large.

(7) Except for the shortened term of Area D for 1 year from 1997 to 1998 and Area D for 4 years from 1998 to 2002, thereafter, each school board member shall be elected to a term of 4 years. An exception shall be when such election is to fill an unexpired term as provided in this chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on July 1 following the election.

(8) The notice of candidacy filed by each candidate qualified to be a school board member shall provide a declaration of intention as to whether the candidate is to serve at large, if elected, or if the candidate is to serve from the candidate’s legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Filings in either case shall be by inhabitants of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly filed shall be listed alphabetically in appropriate groupings by area and/or “at large.” If in a given year when notices of candidacy may be filed for members living in a specific area and no filings are so made, and if during that given year a notice of candidacy may also be filed for a member to serve “at large,” the member “at large” living in the area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates who had filed a notice of candidacy to serve “at large,” then the person receiving the second highest number of votes shall be declared duly elected to the position “at large” in the school district.

(9) In all school board elections, board members shall be chosen at the election by qualified electors of the entire school district thereof.

(10) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section.
14 Del. C. § 128-130 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 128-130
§ ÂÂ
        128-130.  Responsibility for property of former Educational Television Board; educational television; Public Educational Broadcasting Authority.
Status: repealed

Repealed by 71 Del. Laws, c. 180, § 13, effective July 31, 1997.
14 Del. C. § 4504 — Delaware Code / Title 14 / Chapter 45 / Section 4504
§ Â
        4504. District or charter school Grow Your Own Educator Programs.
Status: in_force

(a) District or charter school Grow Your Own Educator Programs will be established to offer support and guidance to candidates who are on a career path towards becoming future educators, starting as early as middle school, or through nontraditional routes, and continuing through their postsecondary education and training and culminating in their being hired, as an educator, by the district or charter school.

(b) The Department, under the Program, will establish a competitive grant process for applicants to apply for grants to develop their own Grow Your Own Educator Program.
14 Del. C. § 1318B — Delaware Code / Title 14 / Chapter 13 / Section 1318B
§ Â
        1318B. Leave for bone marrow or organ donation.
Status: in_force

(a) Definitions. — As used in this section:

(1) “Bone marrow” means the soft material that fills the human bone cavities;

(2) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person;

(3) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person;

(4) “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person.

(b) In any calendar year, a teacher or school employee is entitled to the following leave in order to serve as a bone marrow donor or organ donor:

(1) No more than 7 days of leave to serve as a bone marrow donor;

(2) No more than 30 days of leave to serve as an organ donor.

(c) A teacher or school employee may use the leave provided by this section without loss or reduction of pay, leave to which the teacher or employee is otherwise entitled, credit for time or service, or performance or efficiency rating.

(d) This section applies to teachers and school employees who are included in a collective bargaining unit, unless a collective bargaining agreement contains provisions dealing with leave for bone marrow donation and organ donation.
14 Del. C. § 1716 — Delaware Code / Title 14 / Chapter 17 / Section 1716
§ Â
        1716. Unit for academic excellence.
Status: in_force

(a) “Unit for academic excellence” is defined for funding purposes as 1 unit for each 250 full-time equivalent students in a school district, grades K through 12. Districts shall qualify for partial funding for a fractional part of 250 full-time equivalent pupils enrolled in grades K through 12.

(b) Each student may be counted only once, and for pupils who attend schools in more than 1 district during each school day, the pupil is to be counted in each district for the portion of the school day the pupil is in attendance there. Kindergarten pupils shall be counted as 1/2 time for purposes of obtaining the full-time equivalent enrollment.

(c) The unit for academic excellence may be used to provide educational services such as, but not limited to, the following: reading, communications skills, mathematics, science, social studies, elementary and secondary counseling, elementary and secondary foreign languages, elementary and secondary performing arts, elementary physical education, elementary music, elementary art, library services, career education in grades 7 and 8, paraprofessional such as service or instructional aides, programs for gifted and talented pupils, career placement counselors, programs for limited English proficient pupils, programs for children at risk as defined by the Department of Education, programs to promote improved school climate and discipline, including, but not limited to, employing intervention specialists and programs to provide additional time for students who are performing below the standard level, including, but not limited to, Saturday academies, extended day and year and summer academies, and educational technology personnel on a district-wide basis. Provided further, a unit for academic excellence may be used to hire a school employed athletic trainer licensed by the Delaware Board of Physical Therapists and Athletic Trainers in a school that is a member of the Delaware Interscholastic Athletic Association and that offers interscholastic contact or collision sports.

(d) Nothing contained in this section shall prohibit a school district from using pupil units provided under § 1703 of this title to employ personnel to provide educational services authorized under subsection (c) of this section; except that a school district shall not be permitted to use pupil units provided under § 1703 of this title to employ a licensed athletic trainer.

(e) The programs authorized under this section shall operate for the number of hours of employment as specified by § 1305 of this title, and personnel employed with funds authorized under this section shall be paid in accordance with § 1305 of this title. Units may be used to fund extended year programs using a formula of 1 unit for each individual employed for the number of hours of employment as specified by § 1305 of this title. School districts are also authorized to employ 2 service paraprofessionals or 2 instructional paraprofessionals for each unit in lieu of 1 person employed under § 1305 of this title, provided that such aides are paid in accordance with the salary schedule contained in § 1324 of this title.

(f) One unit of funding shall include Division I funding for 1 person funded under § 1305 of this title or 2 aides funded under § 1324 of this title, as specified in subsection (e) of this section plus 1 unit of “Division II — All Other Costs” as contained in the annual Appropriations Act. In addition, beginning with the fiscal year commencing July 1, 1997, any unit that is filled with an employee or employees as described in this subsection, and not taken as a cash option as described in subsection (g) of this section, shall also include 1 Division III Equalization unit amount as defined in § 1707 of this title.

(g) A school district may elect to take a cash option for up to 30 percent of the units to which it is entitled under this section in any fiscal year. Funds spent for extended time programs for children performing below the standard level shall not count against the cash option limit. In such case, the district may use the funds so derived for either Division I or Division II purposes; provided however, that such funds must be used for educational services specified in subsection (c) of this section and may not be used to supplement state salaries authorized in Chapter 13 of this title for any employee. The cash option shall provide 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.

(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. Such application shall specify, as a minimum, the types of services to be provided and the use that will be made of the funds authorized by this section.
14 Del. C. § 3406A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3406A
§ Â
        3406A. Maintaining eligibility.
Status: in_force

(a) To maintain continued State payment of tuition once enrolled at Delaware Technical and Community College or the University of Delaware, Associate in Arts program, the student shall meet all of the following:

(1) Make steady academic progress toward an associate degree or completion of a recognized academic credential.

(2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year for students in an associate’s degree program, unless granted an exception for cause by the institution. Notwithstanding the foregoing, students who are enrolled in an associate’s degree program may take a leave of absence for 1 academic year without affecting their eligibility for continued funding. Students who take a leave of absence under this subsection will remain subject to the limitations set forth in subsection (c) of this section.

(3) For students enrolled in an associate’s degree program, have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average. The institution may grant exceptions upon appeal.

(4) The student shall certify that he or she has not been convicted of any violent felony. The parent or guardian of a student 17 years of age or under shall also certify that the student has not been convicted of any violent felony.

(b) Grants made by the SEED program shall not be allowed for courses or other post-secondary units repeated or taken in excess of the requirements for completion of an associate degree or other recognized academic credential with the exception of those courses required by the institution for program admission and courses taken pursuant to the Associates in Arts program.

(c) Students are eligible to participate in this program for a period not to exceed 10 continuous semesters, not including the summer semester.

(d) Subject to the limitations set forth in subsection (c) of this section, a student who completes an associate degree pursuant to this section, maintains the applicable criteria set forth above, and thereafter pursues a bachelor’s degree at either the University of Delaware and/or Delaware Technical and Community College shall be eligible for SEED grant moneys toward their junior year and/or pursuing an equivalent number of credits equal to what is otherwise their junior year of higher education.

(e) Subject to the limitations set forth in subsection (c) of this section, a student who successfully completes a credit or noncredit program leading to the award of a recognized academic credential at Delaware Technical and Community College, maintains the applicable criteria set forth above, and thereafter pursues additional recognized academic credentials and/or an associate’s degree at either the University of Delaware, Associate in Arts Program and/or Delaware Technical and Community College shall be eligible for SEED grant moneys toward the completion of their training or degree.
14 Del. C. § 4005 — Delaware Code / Title 14 / Chapter 40 / Section 4005
§ Â
        4005. School employer rights.
Status: in_force

A public school employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public school employer, its standards of services, overall budget, utilization of technology, the organizational structure, curriculum, discipline and the selection and direction of personnel.
14 Del. C. § 3441 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3441
§ Â
        3441. Awards.
Status: repealed

(a) Scholarships shall be awarded to students who will enroll as first-time, full-time students in the academic year following award of the scholarship.

(b) [Repealed.]

(c) Selection of scholarship recipients shall be based on criteria established by the Office that shall include the qualities of academic achievement, community service, participation in extracurricular activities and promise of academic success in college.

(d) Where several students are judged to be equally qualified for the scholarships, financial need may be considered in making scholarship awards.

(e) Awards are renewable within the limits of appropriations for the program, to a maximum of 4 awards, provided the student meets the academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted.
14 Del. C. § 177A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 177A
§ Â
        177A. Binding effect of Compact and other laws.
Status: in_force

(A) Other laws. — (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

(2) All member states’ laws conflicting with this compact are superseded to the extent of the conflict.

(B) Binding effect of the compact. — (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
14 Del. C. § 8609 — Delaware Code / Title 14 / Chapter 86 / Section 8609
§ Â
        8609. Annual report.
Status: in_force

(a) DACCTE shall produce an annual report that includes all of the following:

(1) Advocacy efforts made to lawmakers and school administrators on behalf of career and technical education students.

(2) a. A copy of that year’s issue of the annual publication, Career Compass.

b. A list of recipients of both the print and digital versions of Career Compass. The list must include the names of specific entities that receive Career Compass, but may not include the names of specific individuals, unless the individual receives a Career Compass by virtue of the individual’s position.

(3) A needs assessment of statewide career and technical education programming.

(4) The reports from all on-site monitoring visits to programs conducted under § 8608 of this title.

(5) Written procedure if an on-site monitoring visit requires follow up.

(6) Advocacy efforts to provide career and technical education students and their families with timely information regarding educational, employment, and training opportunities.

(b) DACCTE shall submit the annual report under this section to the Governor, the General Assembly, the Department of Education’s Director of Career and Technical Education, and the Director and the Librarian of the Division of Legislative Services.
14 Del. C. § 2107 — Delaware Code / Title 14 / Chapter 21 / Section 2107
§ Â
        2107. Limitation on amount of bonds that may be issued.
Status: in_force

A school board shall not issue bonds, except for the purpose of refunding outstanding bonds, in an amount which would cause the aggregate amount of bonded debt of the district, less the amount of sinking funds on hand for the payment of such bonded debt, to exceed 10% of the assessed value of the real property in the district or in the case of Sussex County school districts, 10% of 50% of the full market value of real estate, in Kent County school districts, 10% of 60% of the full market value of real estate; and in New Castle County school districts, 10% of 100% of the full market value of real estate, whichever is greater. For purposes of this section, the full market value of real estate shall be determined by the Assessment to Sales Ratio Study conducted annually by the Office of Management and Budget.
14 Del. C. § 9131 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9131
§ Â
        9131. Power of Board to issue promissory notes or bonds.
Status: in_force

(a) The Board may issue promissory notes or bonds payable to the State for the purpose of carrying out any plan or program for the acquisition of lands, acquisition or construction of buildings, improvements to lands or buildings, or acquisition of equipment as may be authorized by this chapter.

(b) Notwithstanding subsection (a) of this section, the Board may not issue promissory notes or bonds until the promissory notes or bonds and the corresponding plan or program under subsection (a) of this section have been authorized by the General Assembly in a bond and capital improvement act.
14 Del. C. § 4136A — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4136A
§ Â
        4136A. Prohibition on restricting student participation in extracurricular activities due to meal debt.
Status: in_force

(a) For purposes of this section, “extracurricular activity” includes:

(1) Band.

(2) Clubs.

(3) Homecoming.

(4) Interscholastic sports.

(5) Prom.

(6) Student government.

(7) Graduation ceremonies.

(b) Local education agencies, including charter schools, may not prohibit a student from participating in or attending a school-sponsored extracurricular activity due to the student having an outstanding debt for unpaid school meals.
14 Del. C. § 4702 — Delaware Code / Title 14 / Chapter 47 / Section 4702
§ Â
        4702. Teacher academies  [For application of this section, see 84 Del. Laws, c. 524, Â 2].
Status: in_force

(a) The Department of Education shall update and revise statewide standards and guidelines that apply to all teacher academies throughout the State. By the beginning of the 2025-2026 school year, local education agencies that offer teacher academies must submit teacher academy curriculum to the Department for approval. The Department may develop an application that local education agencies must use when seeking approval for new teacher academies.

(b) The Department shall provide technical assistance to local education agencies to develop articulation agreements with postsecondary educator preparation programs, including the Delaware Educator Apprenticeship Program [Chapter 46 of this title] and the Grow Your Own Educator Program [Chapter 45 of this title] under this title.

(c) Any local education agency offering teacher academies shall offer value-added credits to students after they complete the credits required by the program of study. “Value-added credits” includes dual enrollment classes, work-based learning experiences, and preparation for certification assessments.

(d) Any local education agency offering teacher academies shall offer a work-based learning immersion option for students to gain additional hands-on experience in classrooms and other educational environments.

(e) The Department shall offer technical support to local education agencies that seek to create, modify, or expand a teacher academy program. Technical support shall include a model curriculum to assist local education agencies in developing state-approved teacher academies.

(f) The Department shall provide written information about the teacher academy programs on a website that is readily available and shared with students in eighth grade throughout the State. The Department shall also provide annual information sessions, in person or virtually, to promote student enrollment in teacher academies.

(g) The Department of Education may adopt regulations to implement this chapter.

(h) The Department of Education shall publish an annual report with the following information relating to teacher academy participants.

(1) The number of participants statewide in the teacher academy program.

(2) The institutions or programs that participants transition into after they have completed the program, including the number of students in each institution or program.

(3) A summary of each teacher academy in the State and the number of students in each program. The summary shall include:

a. The programs offered to students who have completed their third year of the program and wish to pursue further teacher preparation for a fourth year.

b. The number of students from each teacher academy who transition to a program or institute of higher learning to pursue a teaching certificate, associate degree, or bachelor’s degree in the field of education.

c. The number of teacher mentors and the number of students each mentor is assigned.

d. The number of participants issued state scholarships for aspiring educators.
14 Del. C. § 312 — Delaware Code / Title 14 / Chapter 3 / Section 312
§ Â
        312. Board decision and appeal; State Boardâs duties.
Status: in_force

(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter. The Board may not decide on a controversy involving a waiver under § 315 of this title, except as under § 316 of this title.

(b) The Board shall issue in writing its decision in a controversy involving a waiver of a regulation promulgated under this chapter within 20 days from the date of hearing.

(c) A party to a controversy may appeal the Board’s decision, except a decision under § 316 of this title, to the State Board by doing all of the following:

(1) Stating the party’s grievance in a petition.

(2) Ensuring that the petition is served on the Executive Director by certified or registered mail within 30 days after receiving notice of the decision.

(d) The State Board shall do all of the following;

(1) Rule on each appeal under this section.

(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.

(3) Overturn the Board’s decision only if the State Board finds that the Board’s decision was not supported by substantial evidence or was arbitrary or capricious.
14 Del. C. § 3306 — Delaware Code / Title 14 / Chapter 33 / Section 3306
§ Â
        3306. Gifts and donations.
Status: in_force

The Department of Labor may receive such gifts and donations as may be offered unconditionally or under such conditions as in the judgment of such Department are proper and consistent with this chapter. All moneys received as gifts or donations shall be deposited in the State Treasury and shall constitute a special fund to be used by the Department in carrying out the purposes of this chapter. A report of all gifts and donations received and all disbursements made therefrom shall be submitted annually to the Governor.
14 Del. C. § 1107 — Delaware Code / Title 14 / Chapter 11 / Section 1107
§ Â
        1107. Program for persons lacking teaching certification.
Status: in_force

The Department of Education with State Board approval may provide a program of training for persons who can present graduate or undergraduate degrees at or above the level of bachelor and who are interested in teaching in a field that has been declared a critical curricular area, but who lack the certificate requirements for teaching in that field. Such a program shall include reimbursement for tuition for any necessary training to obtain certification as determined by the Department of Education with State Board approval.
14 Del. C. § 5110 — Delaware Code / Title 14 / Chapter 51 / Section 5110
§ Â
        5110. Presidentâs report.
Status: in_force

The President of the University shall each year, not later than December 1, make a report of all the activities of the University, instructional, administrative and financial, for the preceding scholastic and fiscal year, to the Board of Trustees, who shall transmit the same to the Governor to be presented by him or her to the General Assembly at its next regular session.
14 Del. C. § 1336 — Delaware Code / Title 14 / Chapter 13 / Section 1336
§ Â
        1336. Salary schedule for Department of Education early childhood personnel resulting from early childhood governance reorganization [For application of this section, see 85 Del. Laws, c. 62, Â 8(m)(6)].
Status: in_force

(a) An early childhood employee of the Department of Education who works and is paid for 12 months per year shall be paid in accordance with the following schedule from the first day of the first full pay cycle of the fiscal year through the last day of the pay cycle that contains the last day of the fiscal year:

(b) The Department of Education shall be authorized to revise the salary to be paid to any of its personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall establish rules and regulations for the assignment of early education personnel employed pursuant to § 1336 of this title who are not otherwise classified.

(c) Any employee paid from this section shall receive as a salary the amount for which the employee qualifies under subsection (a) of this section, plus an annual amount for additional education that is clearly related to the individual’s responsibilities as defined by the Department of Education as follows:
14 Del. C. § 202A — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 202A
§ Â
        202A. School enrollment for children in the custody of the Department of Services for Children, Youth and Their Families.
Status: in_force

(a) For purposes of this section, “school of origin” means any of the following:

(1) The school in which the child is enrolled at the time of entry into the custody of the Department of Services for Children, Youth and Their Families (DSCYF).

(2) The school in which the child is enrolled at the time of any change in placement while in the custody of DSCYF.

(3) The school identified for the next grade level in the same school district where the child in the custody of DSCYF is enrolled.

(b) (1) A child in the custody of DSCYF under Chapter 25 of Title 13 must remain in the child’s school of origin, unless a determination is made that it is not in the child’s best interest to attend such school.

(2) If it is determined that it is not in the best interest of a child to remain in the child’s school of origin, the child must immediately be enrolled in the child’s school of residence based on the current address of the DSCYF custody placement, even if the records or other documents normally required for enrollment are not produced. The school in which the child is enrolled shall immediately contact the child’s school of origin to obtain relevant academic and other records.

(3) The determination of a child’s best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the child’s school of origin, and a representative of the child’s school of residence based on the address of the DSCYF custody placement at the time of the determination.

(c) (1) If a child leaves the custody of DSCYF, the child must remain in the school in which the child is enrolled through the remainder of the academic year, unless a determination is made that it is not in the child’s best interest.

(2) The determination of a child’s best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the school in which the child is enrolled, and a representative of the child’s school of residence based on the address of the DSCYF custody placement at the time of the determination.

(d) The Secretary of Education shall promulgate regulations to establish a process for the determination of a child’s best interest under subsections (b) and (c) of this section.
14 Del. C. § 413 — Delaware Code / Title 14 / Chapter 4 / Section 413
§ Â
        413. Discipline not affected.
Status: in_force

Nothing in this chapter shall be deemed to affect or alter district policies with regard to disciplining students, including suspensions or expulsions.
14 Del. C. § 3120 — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3120
§ Â
        3120. Right to receive public education.
Status: in_force

The State shall provide, in the school districts and charter schools of the State, or in other state institutions and agencies or in special programs and private agencies as established or approved by the Department with the approval of the State Board, that each child with a disability as defined in this chapter shall receive a free and appropriate public education designed to meet that child with a disability’s own needs. The Department of Education shall be the agency responsible for the implementation of this required provision.
14 Del. C. § 1107A — Delaware Code / Title 14 / Chapter 11A / Section 1107A
§ Â
        1107A. Amount of award [Transferred].
Status: in_force

Transferred to § 3437(g) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 3001B — Delaware Code / Title 14 / Chapter 30B / Section 3001B
§ Â
        3001B. Short title.
Status: in_force

This section may be referred to and cited as the “Parents’ Right to Know Act.”
14 Del. C. § 1331 — Delaware Code / Title 14 / Chapter 13 / Section 1331
§ Â
        1331. Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind including the Delaware School for the Deaf; special staff.
Status: in_force

(a) In addition to staff otherwise authorized, the Delaware School for the Deaf may employ supportive staff as follows:

(1) Specialist. — Resource teacher for a period of 10 months at the rate of 1 for each 60 children enrolled in the Delaware School for the Deaf;

(2) Interpreter/tutors for a period of 10 months at the rate of 1 for each 4 pupils enrolled in the Delaware School for the Deaf and served in the regular education classroom.

(3) Specialist. — Literacy (English and American Sign Language) for a period of 10 months at the rate of 1 for every 60 children enrolled in the Delaware School for the Deaf.

(b) Interpreter/tutors are to be certified according to standards prescribed by the Department with the approval of the State Board of Education and paid according to the salary schedule contained in § 1305(a) of this title.

(c) In addition to subsection (a) of this section, the Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind may employ an early intervention teacher who will work with parents and families in New Castle, Kent and Sussex Counties.

(1) The teacher shall be a certified teacher of the deaf/hard of hearing.

(2) Provision for salary of the teacher and for expenses required for this job shall be made a part of the appropriation for the Delaware School for the Deaf.

(d) In addition to staff otherwise authorized, the Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind may employ the following:

(1) Director;

(2) Statewide coordinator;

(3) Dean of students (assistant principal rank);

(4) One elementary school leader and one secondary school leader compensated at the assistant principal rank (in lieu of a principal allocated pursuant to § 1307(2) of this title);

(5) Educational audiologist;

(6) Speech therapist;

(7) Residential advisors not to exceed 6;

(8) Residential monitoring aides not to exceed 4.

These shall be considered state unit positions and paid according to this title, with appropriate local supplement.
14 Del. C. § 4501 — Delaware Code / Title 14 / Chapter 45 / Section 4501
§ Â
        4501. Title.
Status: in_force

This chapter shall be known as the “Grow Your Own Educator Program.”
14 Del. C. § 316 — Delaware Code / Title 14 / Chapter 3 / Section 316
§ Â
        316. Appeal of Executive Directorâs decision.
Status: in_force

(a) A party to a controversy may appeal the Executive Director’s decision under § 315 of this title to an appeals panel comprised of 3 Board members. The Board’s chair shall select the 3 members of the appeals panel on a per case basis.

(b) To request an appeal, a party to a controversy must do all of the following:

(1) State the party’s grievance in a petition.

(2) Ensure that the petition is served on the Executive Director by certified or registered mail within 15 days after receiving notice of the Executive Director’s decision.

(c) In considering an appeal, the appeals panel shall do all of the following:

(1) Review the documents that the Executive Director considered in making the decision on the waiver.

(2) Overturn the Executive Director’s decision only if the Board finds that the decision is not supported by substantial evidence or is arbitrary or capricious.

(3) Issue a decision affirming or overturning the Executive Director’s decision not later than 30 days after receiving a petition under subsection (b) of this section.

(d) The appeals panel may not do either of the following:

(1) Consider evidence or documents that were not part of the information that the Executive Director considered in making the Executive Director’s decision.

(2) Hold a hearing on the appeal or ask questions of the student who is the subject of the appeal.
14 Del. C. § 3505 — Delaware Code / Title 14 / Chapter 35 / Section 3505
§ Â
        3505. Employment certificates, permits, badges and records.
Status: in_force

The Secretary of Education and superintendents of schools in school districts, or persons designated by such superintendents, shall issue employment certificates, permits and badges and the principal or the head teacher of the several free public schools shall make out and sign such records as are required by the laws regulating child labor.
14 Del. C. § 2006 — Delaware Code / Title 14 / Chapter 20 / Section 2006
§ Â
        2006. Subdivision impact and permit fees.
Status: in_force

(a) Notwithstanding any law, rule, ordinance, or charter provision to the contrary, no county or municipality is permitted to assess permit fees, impact fees, or other assessments on a school district for any school construction project. This section does not prohibit a political subdivision from charging utility fees for usage of such utility provided the rate is no higher than that of other properties within the political subdivision nor shall this section prohibit the charging of a surcharge relating to building permit construction value to provide funding for volunteer fire or ambulance companies.

(b) For the purposes of this section:

(1) “Impact fees” or “other assessments” shall not include any fee assessed for maintaining or increasing water supply, wastewater transmission line capacity, or wastewater facility capacity.

(2) “Permit fees” or “other assessments” shall not include a fee or assessment to reimburse the jurisdiction for the approximate and reasonable cost to inspect and enforce applicable building, zoning, water, and wastewater codes or ordinances.

(c) Arbitration procedure. — (1) If a school district disagrees with the reasonableness of fees imposed and subject to this section, a right to an arbitration procedure in front of a 3-member panel is hereby established. The municipality or county and the school district shall each choose a member of the panel, and the third member shall be chosen by agreement of the remaining members of the panel and shall chair the panel. The decision of this panel shall be final and binding on the parties.

(2) For the purposes of this section, it shall be reasonable to base a fee upon the actual cost incurred, and 10% administrative support costs to provide the service.
14 Del. C. § 2302 — Delaware Code / Title 14 / Chapter 23 / Section 2302
§ Â
        2302. Gifts of buildings or grounds; title.
Status: in_force

School boards may receive donations of playgrounds, school grounds and school sites, or of buildings already built suitably located and adapted to school purposes, but in no case shall any site be built upon or any building accepted until a good and sufficient title has been obtained for the same in the name of the school board.
14 Del. C. § 4013 — Delaware Code / Title 14 / Chapter 40 / Section 4013
§ Â
        4013. Collective bargaining agreements.
Status: in_force

(a) Collective bargaining shall commence at least 90 days prior to the expiration date of any current collective bargaining agreement or, in the case of a newly certified exclusive representative, within a reasonable time after certification.

(b) Negotiating sessions, including strategy meetings of public school employers, mediation and the deliberative process of binding interest arbitrators and arbitrators, shall be exempt from Chapter 100 of Title 29. Hearings conducted by binding interest arbitrators shall be open to the public.

(c) For those terms and conditions that are negotiated pursuant to state law, the public school employer and the exclusive bargaining representative shall negotiate written grievance procedures ending in binding arbitration by means of which bargaining unit employees, through their collective bargaining representatives, may appeal the interpretation or application of any term or terms of an existing collective bargaining agreement. The written grievance procedures shall be included in any agreement entered into between the public school employer and the exclusive bargaining representative, and shall include:

(1) A provision to limit binding arbitration to claims that the terms of the collective bargaining agreement have been violated, misinterpreted or misapplied;

(2) A provision to prohibit claims relating to the following matters from being processed through binding arbitration:

a. Dismissal or nonrenewal of employees covered by Chapter 14 of this title;

b. Dismissal or nonrenewal of employees not covered by Chapter 14 of this title, unless the controlling collective bargaining agreement provides that such matters are subject to binding arbitration;

c. Delaware law;

d. Rules and regulations of the Delaware Department of Education or State Board of Education;

e. The content of or conclusions reached in employee observations and evaluations unless the controlling collective bargaining agreement for employees not covered by Chapter 14 of this title provides that such matters are subject to binding arbitration;

f. Federal law;

g. Rules and regulations of the United States Department of Education;

h. Policies of the local school board; and

i. Matters beyond the scope of the public school employer’s authority;

(3) A provision to select arbitrators by lottery from a panel of qualified arbitrators designated by the Public Employment Relations Board. In designating the panel, the Public Employment Relations Board shall prefer former judges who served on a Delaware constitutional court or on the United States District Court for the District of Delaware, and shall supplement the panel by adding qualified labor arbitrators;

(4) A provision to empower the Public Employment Relations Board to administer arbitrations pursuant to regulations adopted by the Public Employment Relations Board;

(5) A provision to require that disputes relating to whether a matter is arbitrable be ruled upon by the arbitrator prior to hearing the merits of the dispute, and, if the arbitrator determines that the dispute is arbitrable, a provision to require that the same arbitrator schedule a second hearing to hear the merits of the dispute;

(6) A provision to assess against the losing party the arbitrator’s fees and expenses incurred in determining whether a dispute is arbitrable; and

(7) A provision to require that the arbitrator’s fees and expenses incurred in deciding the merits of a dispute be evenly divided between the parties.

(d) Any contract or agreement reached between a public school district and any exclusive representative organization shall be for a minimum period of 2 years from the effective date of such contract or agreement, unless otherwise mutually agreed upon by the public school employer and the exclusive representative.

(e) No collective bargaining agreement shall be valid or enforceable if its implementation would be inconsistent with any statutory limitation on the public school employer’s funds, spending or budget, or would otherwise be contrary to law.

(f) Public school employers shall file with the Board a copy of any agreements that have been negotiated with public school employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements.
14 Del. C. § 403A — Delaware Code / Title 14 / Chapter 4A / Section 403A
§ Â
        403A. Uniform public school registration process and information collection requirements.
Status: in_force

(a) The uniform public school registration process established under § 402A of this title must meet both of the following:

(1) Be available through the Internet and in paper form.

(2) Be available in English and Spanish.

(b) The uniform public school registration process established under § 402A of this title may be made available in languages in addition to English and Spanish.

(c) The uniform public school registration process established under § 402A of this title must include all of the documents required to be completed by a parent who is registering a child for public school for the first time and must permit a public school to require additional information or documents. Additional information or documents required by a public school must be approved by the Secretary of the Department.

(d) If a child is entering pre-kindergarten or kindergarten, the uniform public school registration process established under § 402A of this title must collect information related to the types of early learning experiences the child has had before entering pre-kindergarten or kindergarten, including the duration and time attended for each experience.

(e) A public school must be certified by the Department as completing the training provided under § 405A(1) of this title before providing paper forms as part of the uniform public school registration process.

(f) The Department shall provide to each public school information about the uniform public school registration process that the public school must post on the public school’s website and include in other publications produced by the public school.

(g) After a parent has completed the registration process, the public school shall provide the parent with all of the following information, as applicable:

(1) The public school in which the parent’s child is enrolled.

(2) The specific school to which the parent’s child is assigned based on the child’s place of residence.

(3) Information about the school choice process under Chapter 4 of this title, including that the school choice process is a process separate from the uniform public school registration process.
14 Del. C. § 3515 — Delaware Code / Title 14 / Chapter 35 / Section 3515
§ Â
        3515. Americanization of foreign born non-English speaking residents.
Status: in_force

In any school district within this State, including the City of Wilmington, where there are 10 or more persons over 16 years of age who do not speak the English language and who desire to attend a class or classes in which they may receive instruction in speaking English, the body having control of the public schools of such district or of such City may establish a class or classes, to be held in the evening or at such other time as may be convenient for such persons, for the instruction of such persons in the English language and in the institutions and forms of government of the United States and this State. The teachers for such classes shall be employed by the body having control of the public schools and need not be holders of certificates under this title.
14 Del. C. § 3113 — Delaware Code / Title 14 / Chapter 31 / Subchapter II / Section 3113
§ Â
        3113. Academic excellence start-up grants.
Status: in_force

The Department of Education, through the process described herein, shall award start-up grants to public schools for the purpose of initiating new programs to offer specialized educational services to students who are capable of performing accelerated academic work, or renewing existing programs of the same description whose funding sources are expiring. The number of schools receiving such grants and the amount of such grants shall be determined based upon funds available during the relevant fiscal year. Grants shall not be awarded to supplant existing funds for current programs.

(1) Start-up grants shall be made for a single year, with the rebuttable assumption that they will be renewed for a single additional year pending available funding.

(2) Grants shall be awarded based upon the following criteria:

a. Grants shall be awarded to programs that offer educational services specifically targeted at students who are capable of performing accelerated academic work.

b. The quality of the proposed curriculum, qualifications of persons acting as instructors, integration with existing school programs, and sustainability of the program after expiration of its start-up grant shall be primary considerations in the awarding of grants.

c. Programs that contain programming of the type enumerated in § 3101(6) of this title, including but not limited to programs focused on the visual and performing arts, shall be eligible to receive grants under this section, provided that they otherwise qualify under this section.

d. Preference shall be given to programs that are offered during the traditional school day, or alternatively programs that provide a means for after-school transportation. Preference shall also be given to:

1. Programs that can demonstrate that they incorporate components of existing successful programs targeted at students who are capable of doing accelerated academic work; and

2. Programs that minimize costs that do not have a direct impact in the classroom (including professional development).

e. Preference shall be given to programs that explicitly provide for the encouragement of participation by students from diverse backgrounds, including students with disabilities.

f. All programs awarded grants must provide a means for assessing the impact of the program on participating students’ academic growth.

g. The Department of Education shall also consider such other factors as may be recommended by the Gifted and Talented Student Task Force or its successor organization.

(3) The Department shall develop by regulation an explicit formula for evaluating proposals for grants under this section, and the scoring of such grant applications shall be considered public information. The Department shall also prepare an annual list of existing Delaware programs targeted at students who are capable of performing accelerated academic work for use by prospective grant applicants. The Department shall annually catalog the programs started with grants awarded under this section for the purpose of allowing replication of successful programs in additional schools and school districts.

(4) “Academic work” for purposes of this statute shall consist of work in the areas of writing, reading, science, math, or engineering, or work in other areas (including history and social studies) that specifically incorporates 1 of those academic fields.
14 Del. C. § 4001 — Delaware Code / Title 14 / Chapter 40 / Section 4001
§ Â
        4001. Statement of policy.
Status: in_force

It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between reorganized public school districts and their employees and to protect the public by assuring the orderly and uninterrupted operations and functions of the public school system. These policies are best effectuated by:

(1) Granting to school employees the right of organization and representation;

(2) Obligating boards of education and school employee organizations which have been certified as representing their school employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and

(3) Establishing a public employment relations board to assist in resolving disputes between school employees and boards of education and to administer this chapter.
14 Del. C. § 808 — Delaware Code / Title 14 / Chapter 8 / Section 808
§ Â
        808. Review of district and school plans.
Status: in_force

District transition plans and school improvement plans shall be reviewed and evaluated at least every 3 years or more frequently upon a schedule specified within the school’s or district’s plan to measure continuous progress in achieving the goals specified in the plan. Such review and evaluation shall include the school community. The results of such review and evaluation will be reported in the annual school district and school profiles as specified in this title.
14 Del. C. § 1906 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1906
§ Â
        1906. Election officers.
Status: repealed

Repealed by 74 Del. Laws, c. 122, § 44, effective July 8, 2003.
14 Del. C. § 1322 — Delaware Code / Title 14 / Chapter 13 / Section 1322
§ Â
        1322. Salary schedule for school food service employees [For application of this section, see 85 Del. Laws, c. 62, Â 8(m)(6)].
Status: in_force

(a) School food service managers who work on a program of at least 7 hours per day of the 10-month school year (185 days) shall receive annual salaries in accordance with the following schedule:

Salaries provided for in this schedule shall be paid to the school food service manager of a single cafeteria. A food service manager responsible for the preparation of food for more than 1 cafeteria shall receive $400 for each additional cafeteria. A manager of satellite cafeteria or cafeterias shall receive the salary provided for in this schedule less $200. A satellite cafeteria is defined as one where no basic food preparation takes place. A manager who manages more than 1 cafeteria shall receive the salary provided in this scale using the total school enrollments of all cafeterias managed. The salaries listed in this schedule for school food service managers shall be increased for additional training as defined by the State Board of Education as follows:

(b) In the case of a school food service manager who is employed for less than full time as defined in subsection (a) of this section, the salary shall be computed on the basis of the fractional part of the hourly assignment.

(c) School lunch cooks and school lunch general workers shall be paid no less than the minimum hourly wage in accordance with the federal statutes. School lunch cooks and school lunch general workers who work on the basis of a formula of 7 hours of labor per 100 meals (including adjusting of a la carte meals) shall receive minimum hourly wages in accordance with the following schedule:

SCHOOL LUNCH COOKS AND GENERAL WORKERS

(d) The salaries prescribed in subsections (a) and (b) of this section for school lunch manager and district managers shall be paid from state funds. The wages prescribed in subsection (c) of this section for school lunch cooks and general workers shall be paid from funds derived from local school lunch operations and deposited by the local school district with the State Treasurer and from moneys derived from the General Fund of the State. A minimum of 25% of the salary prescribed in subsection (c) of this section for school lunch cooks and general workers shall be paid by the State from funds not derived from local school lunch operations. Only those funds designated for wages are to be so deposited.
14 Del. C. § 3121 — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3121
§ Â
        3121. Special classes and facilities.
Status: in_force

Each school district, charter school and other state agencies responsible for the care of Delaware citizens shall provide and maintain, under appropriate regulations of the Department of Education approved by the State Board of Education, special classes and facilities to meet the needs of children with a disability as herein defined and recommended for special education or training who are residents of any geographical area within the State and who can be served by such special classes and facilities. This and other sections of this chapter and this title may be carried out by assigning children who are residents of 1 school district to attend classes in facilities of another school district according to Chapter 6 of this title concerning tuitions. Placement in a state agency that is not part of the public school system shall be in accordance with rules developed under § 3110 of this title.
14 Del. C. § 3405A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3405A
§ Â
        3405A. Grant awards/operations.
Status: in_force

Each institution shall establish and implement its own procedures to award grants to eligible students subject to appropriations for such purpose, including, but not limited to, a procedure to determine priority among applicants in the event that the amount of grants requested by eligible applicants exceeds the appropriation, which may include consideration of financial need and academic achievement. Grants shall also be available for the Associates in Arts Program courses taught at Delaware Technical and Community College, and administered jointly with the University of Delaware. Grant awards shall not exceed the available appropriation for each fiscal year. Grant awards shall be disbursed as follows:

Beginning with the 2006-2007 academic year, tuition assistance shall be provided to qualifying applicants in an amount equal to the following:

(1) A grant recipient receiving no other financial assistance specifically designated for tuition and/or other regularly assessed fees with the exception of loans shall receive a grant equal to the full amount of tuition charged by the institution.

(2) A grant recipient receiving other financial assistance specifically designated for tuition and other regularly assessed fees shall receive a grant equal to the difference between the amount of tuition charged by the institution and the amount of the other financial assistance.

(3) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the recipient’s eligibility for grant assistance, and may withdraw a grant award. Any grant award made as the result of deliberate fraud may be recovered by the State through an action at law.
14 Del. C. § 8906D — Delaware Code / Title 14 / Chapter 89D / Section 8906D
§ Â
        8906D. Use of funds.
Status: in_force

(a) The Department of Education shall adopt and promulgate rules and regulations concerning the use to which Educational Support Professional of the Year Award funds may be assigned by the designated recipient.

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

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

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

(2) Purchase of otherwise consumable materials that are by students; e.g., paper, notebooks, binders, pens, pencils, paints, instruments, wood and metal.

(3) Employment of performers and consultants; e.g., touring companies of a dramatic or musical group, visiting artist, poet, author, and other subject matter experts.

(4) Student-centered professional development for building level educational support professionals.

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

(d) Where the recipient has purchased materials, equipment or any other durable item with award funds, such item shall be the property of the Delaware school district in which the recipient is employed at the time of the expenditure. Each invoice, purchase order and personal reimbursement form related to withdrawals from Educational Support Professional of the Year Award funds shall be retained by the school district, and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.
14 Del. C. § 9137 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9137
§ Â
        9137. Place of payment of principal and interest.
Status: in_force

The principal of and interest on the bonds must be payable at a state or national bank within or without the State designated by the issuing officers, as “issuing officers” is defined in § 7401 of Title 29.
14 Del. C. § 2730 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2730
§ Â
        2730. Failure to attend; penalties.
Status: repealed

(a) The school may file a civil charge of truancy against the student in the Justice of the Peace Court if:

(1) The student is age 12 or older; and/or

(2) The Court determines that a parent who is charged with violating § 2702 of this title has a valid affirmative defense under § 2729(b) of this title.

(b) The court shall determine whether a preponderance of the evidence establishes that the student has violated § 2702 of this title.

(c) If the Court determines the student has violated § 2702 of this title, it shall adjudicate the student a truant and may order the following remedial dispositions:

(1) Community service;

(2) Counseling;

(3) Substance abuse evaluation and treatment;

(4) Mental health evaluation and treatment;

(5) A curfew with hours set by the court;

(6), (7) [Repealed.]

(8) Prohibition of the student’s participation in or attendance at any extra-curricular activity or social event which is an official school event or is sponsored by the school or held on school property;

(9) A recommendation that the student enroll in the school in alternative educational and related services in accordance with Chapter 16 of this title; and

(10) Such other action as is permitted by statute or by court rule.

(d) [Repealed.]
14 Del. C. § 1223 — Delaware Code / Title 14 / Chapter 12 / Subchapter III / Section 1223
§ Â
        1223. Teaching assignment outside area of certification.
Status: in_force

If the employer of an educator assigns the educator to teach in an area outside the educator’s certification, the employer may not reduce the salary of the educator as a result of the assignment.
14 Del. C. § 3112A — Delaware Code / Title 14 / Chapter 31A / Section 3112A
§ Â
        3112A. Regulations.
Status: in_force

(a) The Department shall promulgate regulations necessary to carry out this chapter and to ensure full funding eligibility and compliance with the IDEA.

(b) Regulations prepared by the Department under this chapter are subject to review and comment by the Council. The Department shall provide the Council with proposed regulations, including proposed revisions, before publication for public comment under Chapter 101 of Title 29.
14 Del. C. § 9105 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9105
§ Â
        9105. Powers and duties of Board.
Status: in_force

(a) The Board may establish such institutions of learning throughout the State as may be necessary to effectuate the purposes of this chapter.

(b) The Board may contract with the University of Delaware, or with any other institution or organization, so that the University or other institution or organization shall establish or offer a 2-year college parallel program or associate degree program, and the Board shall provide necessary funds to meet the entire cost of the establishment or operation of such program, and shall furnish facilities, equipment and supplies therefor. If the Board shall enter into such a contract with the University of Delaware, the Board of Trustees of the University of Delaware shall have, with respect to such 2-year college parallel program or associate degree program, the same powers which it has with respect to the affairs of the University of Delaware by virtue of its charter or the statutes of this State.

(c) The Board shall have custody of and be responsible for the property of the institutions and shall be responsible for the management and control of said institutions.

(d) For the effectuation of the purposes of this chapter the Board, in addition to such other powers expressly granted to it by this chapter, shall have the following powers:

(1) To select such officers, except the chair, as it may deem desirable, from among its own membership;

(2) To adopt or change the name of the institutions established by it;

(3) To adopt and use a seal;

(4) To sue and be sued;

(5) To determine the educational program of the institutions;

(6) To appoint members of the administrative and teaching staffs of the institutions and to fix their compensation and terms of employment;

(7) To appoint or employ such other officers of the institutions, agents and employees as may be required to carry out this chapter and to fix and determine their qualifications, duties, compensation, terms of office or employment and all other terms and conditions of employment;

(8) To fix schedules of tuition rates and fees for educational services at the institutions;

(9) To grant diplomas, certificates or degrees;

(10) To enter into contracts;

(11) To accept from any government or governmental agency, or from any other public or private body, or from any other source, grants or contributions of money or property (conditional or otherwise) which the Board may use for or in aid of any of its purposes;

(12) To acquire (by gift, purchase, condemnation or otherwise), own, lease, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for educational purposes;

(13) To determine that any property owned by the College is no longer necessary for educational purposes and to dispose of the same in such manner and upon such terms and conditions as shall be established by it;

(14) To make and promulgate such rules and regulations, not inconsistent with this chapter, that are necessary and proper for the administration and operation of the institutions and for the conduct of the business of the Board;

(15) To exercise all other powers not inconsistent with this chapter, which may be reasonably necessary or incidental to the establishment, maintenance and operation of higher learning institutions;

(16) To employ such persons as deemed desirable.
14 Del. C. § 1218B — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1218B
§ Â
        1218B. Nondisciplinary letter of concern [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) If the Secretary determines after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person is made aware of the concern, the Secretary may issue a nondisciplinary, confidential letter of concern regarding the person's act or omission.

(b) If a person licensed, permitted, or certified receives a total of 3 letters of concern pursuant to this section addressing the same or substantially similar conduct, the Secretary may reasonably impose any of the restrictions of § 1218(m)(3) of this title in order to protect the health, safety, or welfare of the person’s current or prospective students.
14 Del. C. § 1716B-1716D — Delaware Code / Title 14 / Chapter 17 / Section 1716B-1716D
§ ÂÂ
        1716B-1716D. Gifted or talented unit and funding; disruptive pupil referral unit and funding; Education Refinement Program unit and funding.
Status: repealed

Repealed by 68 Del. Laws, c. 84, § 204, effective July 1, 1991.
14 Del. C. § 504A — Delaware Code / Title 14 / Chapter 5 / Section 504A
§ Â
        504A. Powers.
Status: in_force

Consistent with its charter and the provisions of its certificate of incorporation, bylaws or membership agreements, the board of directors of a charter school or schools shall, as to each charter that the board holds, have the power to:

(1) Manage the implementation of its approved education program;

(2) Determine its own budget and operating procedures;

(3) Acquire and convey interests in real property, subject to rules and regulations established by the Department with the approval of the State Board with respect to real property acquired by charter schools using state funds;

(4) Incur debt;

(5) Accept gifts;

(6) Contract with any school district, or any other public school or private nonsectarian, nonreligious entity also empowered to enter into contracts, for any and all real property, equipment, goods, supplies and services; provided, that a school district must make unused buildings or space (defined as space no longer needed, permanently or temporarily, for non-charter school purposes) buildings or space in buildings available to a charter school, and shall bargain in good faith over the cost of rent, services and maintenance related to such space; provided further, that a charter school may, with the approval of the Secretary and the State Board for the sole purpose of determining compliance with this proviso, contract with a sectarian or religious college or university incorporated in the State and operating a program or programs for teacher education within the State empowered to enter into contracts for such property and services, so long as the property contracted for is used in a nonreligious and nonsectarian manner and the services contracted for are provided in a nonreligious and nonsectarian manner and are of a nonreligious and nonsectarian type. A charter school’s continued use of school district space shall be subject to review at least on a 5-year basis, and may be terminated by the district with 1 year’s notice, if the district’s non-charter school capacity requirements warrant. Charter schools shall have preference over state agencies for purposes of § 1057(b) of this title except that nothing in this section shall require the displacement of any tenant either during the term of its current lease or any renewal thereof;

(7) Hire, manage, and terminate any school employee in accordance with the terms of its personnel policies or any collective bargaining agreement it negotiates with its employees;

(8) Establish reasonable academic and disciplinary standards specifically related to the missions, goals and educational objectives for the charter school as set forth in its charter for students to continue enrollment in the charter school; provided, however, that an expulsion from a charter school shall have the same effect for the purposes of § 4130 of this title as expulsion from a school district. Charter schools may refer students to the alternative programs operated pursuant to the provision of Chapter 16 of this title subject to the following conditions:

a. A student may only be referred to a program which serves that student’s district of residence and only if there is space available in such program to serve the student;

b. The student otherwise meets eligibility criteria for students who may be enrolled in such program; and

c. The student’s district of residence and the charter school in which the student is enrolled agree to a proration of student funding between or among the charter school and the school district in which the student resides, in which case the district of residence shall become liable for any cost associated with the placement of the student in the alternative program;

(9) Establish an application and admissions process which shall enable the charter school to provide the local districts in which its students reside with a preliminary roster of its students for the subsequent school year on or before May 1 of each year. Each charter school shall make the timetable for its application and admissions process identical to any such timetable set forth by this Code for the operation of a public school choice program.
14 Del. C. § 9005 — Delaware Code / Title 14 / Chapter 90 / Section 9005
§ Â
        9005. Rules and regulations.
Status: in_force

The Office of the Attorney General shall be responsible for oversight and implementation of this chapter.
14 Del. C. § 2604 — Delaware Code / Title 14 / Chapter 26 / Section 2604
§ Â
        2604. Report of school tax collections and payment of collected taxes.
Status: in_force

(a) The Department of Finance for New Castle County and each Receiver of Taxes and County Treasurer for Kent and Sussex Counties shall, on the first day of each month, make a report to the school board of the district for which the Receiver or Treasurer is collecting taxes to the State Treasurer and to the Department of Education of all taxes collected in the previous month. The forms shall show a complete breakdown of taxes collected, such as capitation, debt service and current expenses, and such other information as may be required.

(b) The Departments of Finance for New Castle and Sussex Counties and the Receiver of Taxes and County Treasurer for Kent County shall, not less than once each calendar month, pay over to the State Treasurer all funds collected by him or her for any district.
14 Del. C. § 8103A — Delaware Code / Title 14 / Chapter 81A / Section 8103A
§ Â
        8103A. Enforcement [For applicability of chapter, see 80 Del. Laws, c. 149, Ââ2].
Status: in_force

The Consumer Protection Unit of the Department of Justice has enforcement authority over this chapter and may investigate and prosecute violations of this chapter in accordance with the provisions of subchapter II of Chapter 25 of Title 29.
14 Del. C. § 1720 — Delaware Code / Title 14 / Chapter 17 / Section 1720
§ Â
        1720. Adult education.
Status: in_force

Funds authorized in the Budget Appropriation Bill and subsequently allocated by the Department of Education for James H. Groves High School or adult basic education shall be allocated by the Department to the participating school districts in amounts equal to those approved by the Department of Education in the annual program plans submitted by the participating school districts. Additionally, funding for James H. Groves High School can be used to support the Diploma-at-a-Distance Program.
14 Del. C. § 1315 — Delaware Code / Title 14 / Chapter 13 / Section 1315
§ Â
        1315. Rules and regulations.
Status: in_force

The Department of Education may make such rules and regulations as it deems appropriate to make the application of the salary schedules contained in this chapter uniform throughout the State.
14 Del. C. § 5305 — Delaware Code / Title 14 / Chapter 53 / Section 5305
§ Â
        5305. School of Agriculture â Division of Instruction.
Status: in_force

The University shall determine the courses of study in which instruction shall be offered by the Division of Instruction of the School of Agriculture.
14 Del. C. § 1061 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1061
§ Â
        1061. School boards upon reorganization.
Status: in_force

Previously elected or appointed school board members of component former school districts and all members of the board of a subdivided high school district board who reside within the reorganized school district, including those members elected at the regular election in May 1969, shall continue to serve out their respective terms on the school board of the reorganized school district constituted and established on July 1, 1969, notwithstanding any other provisions of this title to the contrary, except that in the case where a reorganized school district is composed of 1 or more non-1-through-12 grade component former school districts and 1 or more component former school districts previously providing grades 1 through 12, only the member elected in May 1969, in each of the non-1-through-12 grade districts will serve out that member’s term as an interim member of the school board of the reorganized school district along with all of the school board members of the previously 1-through-12 grade district or districts. Subsequent elections or appointments in the reorganized school districts shall be for 1 member at large in the reorganized school districts until the school board meets the criteria of this subchapter. If it becomes necessary to fill a vacancy for any reason other than the expiration of term, the new member must be selected from the residents of the previously existing school district and in accordance with § 1054 of this title.
14 Del. C. § 8903D — Delaware Code / Title 14 / Chapter 89D / Section 8903D
§ Â
        8903D. Procedure.
Status: in_force

Each year every school district throughout this State shall conduct a study within each school building to determine those educational support professionals who are deserving of the title “Educational Support Professional of the Year” from that building. One Educational Support Professional of the Year may be selected to represent all of the charter schools in the State. The selection process will follow the guidelines developed by the Department of Education which include input from educational support professionals, administrators and Department of Education staff. After the buildings make their individual selections, the district-wide Educational Support Professional of the Year shall be selected from each district, following the current guidelines. The final step will be the selection of the state “Educational Support Professional of the Year.”
14 Del. C. § 1211 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1211
§ Â
        1211. Tier Two â Continuing licensure.
Status: in_force

(a) A continuing license is valid for 5 years unless extended under § 1216 of this title or revoked.

(b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator has successfully completed the requirements of § 1210 of this title and has not received more than 1 unsatisfactory annual evaluation, as defined by a State of Delaware approved educator evaluation system, during the period of initial licensure.

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

(d) Notwithstanding subsection (b) of this section, the Department may issue a continuing license to an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor, completes at least 4 years working as a Junior Reserve Officer Training Corps instructor in a school, and applies for a continuing license before July 1, 2024.
14 Del. C. § 189 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 189
§ Â
        189. Fees.
Status: in_force

The Department may establish application fees for approval and renewal of a certificate of approval. The Department shall set the fees in an amount that approximately and reasonably reflect the costs of administering this subchapter. An application fee may not be refunded in the event that the certificate of approval is denied or revoked. Fees must be deposited in the General Fund of the State.
14 Del. C. § 9002F — Delaware Code / Title 14 / Chapter 90F / Section 9002F
§ Â
        9002F. Access to medication for the termination of pregnancy and emergency contraception.
Status: in_force

Except as provided under § 9004F of this title, each university with a student health center shall offer both of the following, on-site:

(1) Medication for the termination of pregnancy.

(2) Emergency contraception, whether it is available over the counter, with a prescription, or dispensed consistent with the requirements of Chapter 25 of Title 24.
14 Del. C. § 1064 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1064
§ Â
        1064. Reorganized vocational-technical school districts.
Status: in_force

(a) The members of the school board of any reorganized vocational-technical school district shall be appointed by the Governor from the inhabitants of such district. The school board shall be composed of 7 members. Annually, the Governor shall appoint 1 member for the term of 7 years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in the office of any such member, caused by death, resignation, removal from the district or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be an inhabitant of the reorganized vocational-technical school district, or that member’s office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation.

(b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least 7 school board members serving pursuant to § 1061 of this title, the Governor shall appoint such members 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. Not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation.

(c) The terms of the school board members shall begin July 1 following their appointments and shall continue until their successors qualify.

(d) (1) If a member of the school board of a reorganized vocation-technical school district 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 member of the school board of a reorganized vocation-technical school district is charged with a crime under § 209(a) of this title, the school 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 (d)(2)a. of this section are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a member of the school board.

(3) If a school board member is suspended under paragraph (d)(2)a. of this section, the school board member’s seat is treated as vacant for purposes of quorum 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 (d)(1) of this section.
14 Del. C. § 5108 — Delaware Code / Title 14 / Chapter 51 / Section 5108
§ Â
        5108. Board of Trustees â Quorum and failure to attend meetings or accept appointment.
Status: in_force

(a) Nine members of the Board of Trustees shall constitute a quorum to do business, but a less number may adjourn. Officers may be appointed for the occasion in the absence of the regular officers.

(b) The place of a trustee, who shall be absent from 3 successive stated meetings, shall be vacated unless the Board shall otherwise specially direct, and a vacancy thus created shall be filled as in other cases. A trustee appointed and not accepting at or before the next stated meeting shall be considered as declining and a new appointment shall be made.
14 Del. C. § 1804 — Delaware Code / Title 14 / Chapter 18 / Subchapter II / Section 1804
§ Â
        1804. Financial responsibility committee.
Status: repealed

Repealed by 75 Del. Laws, c. 439, § 6, effective Aug. 17, 2006.
14 Del. C. § 8901 — Delaware Code / Title 14 / Chapter 89 / Section 8901
§ Â
        8901. Established.
Status: in_force

There is hereby established a series of teacher of the year awards the purpose of which is to reward outstanding teachers throughout the State.
14 Del. C. § 4401 — Delaware Code / Title 14 / Chapter 44 / Section 4401
§ Â
        4401. Adult sexual misconduct in schools policy [For applicability of section, see 83 Del. Laws, c. 408, Â 2].
Status: in_force

Each school district and charter school shall establish a policy which shall require, at a minimum, all of the following:

(1) A provision establishing appropriate and inappropriate interactions between adult employees, contractors, coaches, and volunteers and students.

(2) A provision prohibiting adult sexual misconduct in schools which shall apply to employees, contractors, coaches, and volunteers.

(3) A provision prohibiting any sexual relationship between a student, even if the student is an adult, and a school district or charter school employee while the student is a current student.

(4) A provision emphasizing the mandatory reporting requirements of § 903 of Title 16.

(5) A procedure for notifying the Department of Education and law enforcement of suspected adult sexual misconduct.

(6) A provision delineating preferred and prohibited methods of electronic communications between school employees, contractors, coaches, and volunteers and students.

(7) A provision that substantiated incidents of adult sexual misconduct will be reported in future reference checks for employment or volunteer work.

(8) A provision requiring the development of hiring practices to screen for adult sexual misconduct in school employees, contractors, coaches, and volunteers.
14 Del. C. § 8101 — Delaware Code / Title 14 / Chapter 81 / Section 8101
§ Â
        8101. Short title.
Status: in_force

This chapter may be known and cited as the “Education Privacy Act.”
14 Del. C. § 8512 — Delaware Code / Title 14 / Chapter 85 / Section 8512
§ Â
        8512. Issuance, revocation, renewal or restoration of certificates upon action and report of Department.
Status: repealed

Repealed by 75 Del. Laws, c. 122, § 2, effective July 7, 2005.
14 Del. C. § 4110 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4110
§ Â
        4110. Disturbing schools or destroying school property; penalty.
Status: in_force

Whoever disturbs a public school in session or wilfully destroys any public school property shall be fined $20, to be collected as other fines, and paid to the board of education of the school district for the benefit of the respective district, or imprisoned not more than 30 days, or both.
14 Del. C. § 2729 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2729
§ Â
        2729. Failure to send; affirmative defense; penalties.
Status: in_force

(a) If a charge is filed against a parent for a violation of § 2702 of this title, the court shall determine whether the evidence establishes beyond a reasonable doubt that the parent has violated the section.

(b) In the prosecution of a parent for a violation of § 2702 of this title, it shall be an affirmative defense that the parent has made substantial and reasonable efforts to comply with the compulsory attendance requirements of § 2702 but is unable to cause the child to attend school. It shall also be an affirmative defense that the parent does not have legal custody of the student. Other affirmative defenses may be permitted as required in the interests of justice. If the court determines the affirmative defense is valid it shall dismiss the complaint against the parent and the school may file a complaint against the student pursuant to § 2730 of this title.

(c) This section shall not apply to a parent whose child is receiving instruction pursuant to § 2703 of this title, to children exempted from compulsory attendance requirements pursuant to § 2705 of this title, or whose children are in compliance with school attendance requirements.

(d) A parent who is determined to have violated § 2702 of this title is guilty of an unclassified misdemeanor and shall be sentenced as follows:

(1) For a first offense, a fine of not less than $25 nor more than $300, or imprisonment for not more than 10 days or both;

(2) For a second offense, a fine of not less than $50 nor more than $500, or imprisonment for not more than 20 days or both;

(3) For a third or subsequent offense, a fine of not less than $230 nor more than $1,150, or imprisonment for not more than 30 days or both.

(e) To the extent possible the fine shall be commensurate with the number of days the student was absent from school without valid excuse.

(f) The court may order the parent to perform unpaid community service in lieu of a fine. The court may require that all or part of the service may be performed for a public school district.

(g) The court may also order as conditions of release prior to judgment or as conditions of sentence upon conviction such conditions as the court considers necessary to obtain compliance with school attendance requirements. These conditions include but are not limited to the following:

(1) Verifying the child’s attendance with the school;

(2) Meeting with school officials;

(3) Taking the child to school;

(4) Taking the child to the bus stop;

(5) Attending school with the child;

(6) Undergoing medical, psychological or psychiatric evaluations and following the evaluator’s recommendations;

(7) Undergoing an evaluation for drug, alcohol, or other substance abuse and following the evaluator’s recommendations; and

(8) Taking the child for medical, psychological or psychiatric evaluation or for drug, alcohol or other substance abuse evaluation and following the evaluator’s recommendations.

(h) Upon conviction, the name and address of the parent and a summary of the disposition of any offenses for which the parent was convicted shall be reported by the Court to the Division of Family Services of the Department of Services for Children, Youth and Their Families and to the Division of Social Services of the Department of Health and Social Services.

(i) The provisions of § 4218 of Title 11 (probation before judgment) shall apply to a parent charged with violation of § 2702 of this title.
14 Del. C. § 702 — Delaware Code / Title 14 / Chapter 7 / Section 702
§ Â
        702. Corporal punishment.
Status: in_force

(a) “Corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment” includes, but is not limited to, paddling and slapping, when used as a means of discipline.

(b) No public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment.

(c) Subsection (b) of this section does not prohibit a public school teacher, administrator, official employee or agent of a school board from:

(1) Using reasonable and necessary force to quell a disturbance, including but not limited to a physical altercation, or prevent an act that threatens imminent bodily harm to any person;

(2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a student’s control;

(3) Using reasonable and necessary force for the purpose of self-defense or the defense of others under §§ 464 and 465 of Title 11;

(4) Using reasonable and necessary force for the protection of property under § 466 of Title 11;

(5) Using reasonable and necessary force to prevent a student from imminently inflicting bodily harm on that student’s own self;

(6) Using reasonable and necessary force to protect the bodily safety of others; or

(7) Using incidental or minor physical contact necessary to maintain order and control.

(d) In determining whether or not a person was acting within the exceptions in subsection (c) of this section, deference shall be given to reasonable, good faith judgments made by the teacher, administrator, official employee or agent.

(e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher, administrator, official employee or agent of the School Board with regard to a person who is not a student enrolled in the school district.

(f) For purposes of this section, the term “reasonable and necessary” shall be interpreted in conformity with applicable limitations established by § 4112F of this title.
14 Del. C. § 1501 — Delaware Code / Title 14 / Chapter 15 / Section 1501
§ Â
        1501. Support of free public schools.
Status: in_force

The free public schools of the State shall be maintained and supported by such moneys as shall be appropriated from time to time by the General Assembly, local school tax revenues generated and payments received in accordance with this title, payments received in accordance with Chapters 4, 5 and 6 of this title, and appropriated and nonappropriated special funds otherwise authorized or legally acquired. Funds appropriated or otherwise allocated to the Department of Education on behalf of the public schools of this State shall be administered by the Department in accordance with this title or other applicable state or federal laws and regulations.
14 Del. C. § 517 — Delaware Code / Title 14 / Chapter 5 / Section 517
§ Â
        517. Charter transfer to different authorizer.
Status: in_force

Transfer of a charter, and of oversight of that public charter school, from 1 authorizer to another before the expiration of the charter term shall require a petition by the public charter school or its authorizer to the new authorizer. A petition to transfer is considered a major modification and will follow the same timelines and hearing process as a major modification.
14 Del. C. § 3012 — Delaware Code / Title 14 / Chapter 30 / Subchapter II / Section 3012
§ Â
        3012. Comprehensive support program for early childhood professionals.
Status: in_force

(a) By September 1, 2023, the Department of Education (Department) shall implement a comprehensive support program for early childhood professionals including those employed by a public school.

(b) By January 31, 2023, the Department, in consultation with the Delaware Early Childhood Council, shall produce a plan for the comprehensive support program, informed by the early childhood workforce study required by § 3011 of this title. The Department shall consider inclusion of the following components:

(1) An educational loan forgiveness program.

(2) Scholarship and other financial support for early childhood professionals pursuing degrees and credential attainment.

(3) Salary supplements for early childhood professionals and a proposed scale for such supplements that increases based on higher levels of educational attainment, and policy proposals to have such supplements excluded as income for purposes of determining eligibility for assistance programs.

(4) Formalized alternative routes to credentialing and certification in early childhood professions, including development of an alternative route to certification similar to the programs currently employed for K-12 educators.

(5) Improvements and coordination for aspiring early childhood professionals of professional pathway programs and the Teacher Academy program in district and charter schools, including strategies to support more diversity, to provide meaningful work-based learning opportunities, and to accelerate postsecondary credit and credentials during high school.

(6) Supports for early childhood professionals in the workforce and aspiring professionals including paraprofessionals, community members, parents, bilingual candidates, and those without degrees.

(7) Partnerships with institutions of higher education to support pathways and career development and support for early childhood professionals. The partnership should consider the viability and effectiveness of the following completion supports for individuals seeking credentials and degrees in fields relevant to early childhood education including:

a. Tutoring.

b. Academic counseling and assistance in navigating credential requirements.

c. Embedded coaching and professional learning.

d. Community-based delivery of training at licensed child care and early learning providers.

e. Courses in languages other than English.

f. Developing or providing funding for substitutes when training or courses are offered during the work day.

(8) Assisting aspiring and current early childhood professionals to access other available financial supports, such as the Student Excellence Equals Degree (SEED) and Inspire scholarships.
14 Del. C. § 3111A — Delaware Code / Title 14 / Chapter 31A / Section 3111A
§ Â
        3111A. Interagency Coordinating Council.
Status: in_force

(a) There is hereby established the Interagency Coordinating Council (Council).

(b) The Council shall advise and assist the Department and the Delaware Early Childhood Council with implementation of this chapter and otherwise fulfill any requirements of an advisory council under the IDEA. The Department shall ensure that the Council is provided with sufficient staff and other supports to effectively meet its obligations.

(c) (1) The Council is composed of 23 members appointed by the Governor. The term of a member is 3 years and a member may serve more than 1 term. Appointments must be made to ensure that membership reasonably represents the geographical diversity of the State and meets composition requirements of the advisory council under the IDEA.

(2) The Governor shall designate a member of the Council to serve as the chair of the Council. A member of the Council who is a representative of the lead agency may not serve as the chair of the Council.

(3) A majority of the total membership of the Council constitutes a quorum. A quorum is required for the Council to take official action. A vacant position is not counted for quorum purposes.

(4) The Council may adopt rules and bylaws necessary for its operation.

(d) Members of the Council serve without compensation, except that members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(e) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term is filled for the remainder of the term.

(f) The Council shall hold at least 1 joint meeting with the Governor’s Advisory Council for Exceptional Citizens each calendar year.
14 Del. C. § 1333 — Delaware Code / Title 14 / Chapter 13 / Section 1333
§ Â
        1333. Paid leave for birth of a child or adoption of a child.
Status: in_force

(a) Any full-time employee or employee who has been employed by a reorganized school district, charter school or vocational school district for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a child who is 6 years of age or younger.

(b) The entitlement to leave under subsection (a) of this section shall expire at the end of the 12-month period beginning on the date of such birth or adoption.

(c) Without regard to length of employment, a full-time or part-time employee of a reorganized school district, charter school, or vocational school district shall be entitled to use accumulated sick leave upon the birth of a child of the employee, or upon the adoption of a child who is 6 years of age or younger.

(d) The rights and benefits described in this section shall run concurrently with any rights and benefits available under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. for the birth and adoption of a child and short-term disability benefit pursuant to § 5253 of Title 29 for the birth of a child.

(e) No state agency, board, department, reorganized school district, charter school, vocational school district or other employing officer or agency of this State may alter or terminate the benefits of or terminate the employment of any full-time employee as a result of taking leave pursuant to this section.
14 Del. C. § 1914 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1914
§ Â
        1914. Levy of annual school tax without election.
Status: in_force

The school board of any district, which has for 1 year levied a local tax under this chapter, may continue annually, without a further election or referendum, to levy such local tax not exceeding in amount the tax originally authorized by an election if said original authorization was on the basis of an amount of tax, or not to exceed the rate of tax originally authorized by an election if said original authorization was on the rate of taxation, each together with an added 10 percent for delinquencies and costs of collection as provided in § 1913 of this title.
14 Del. C. § 9205 — Delaware Code / Title 14 / Chapter 92 / Section 9205
§ Â
        9205. Powers and duties.
Status: in_force

(a) (1) In addition to any other powers granted or duties imposed upon it, the Authority has the powers and duties set forth in this section.

(2) The Authority shall adopt any rule or regulation necessary to carry out its powers and duties.

(b) The Authority may:

(1) Adopt an official seal;

(2) Maintain an office at the place or places it may designate;

(3) Participate in legal proceedings in the name of the Authority; and

(4) Sue and be sued in its own name, plead and be impleaded.

(c) The Authority, in consultation with the institutions, shall establish criteria for and guidelines encompassing the types of and qualifications for education loan financing programs which shall include those eligibility standards for borrowers that the Authority determines may be necessary or desirable to effectuate the purposes of this chapter and which shall include provisions that each student have a certificate of admission or enrollment at a specific participating institution, that each student or student’s parents satisfy the financial qualifications that the Authority establishes and that each student and each student’s parent submit to the participating institution information that may be required by the Authority.

(d) The Authority shall contract with financial institutions and other qualified loan origination and servicing organizations to provide assistance in prequalifying borrowers for education loans and for servicing and administering education loans and any participating institution’s respective loan series portfolio. Any education loan fee may include a portion to cover the cost of any servicing organization’s assistance prorated on a basis deemed fair by the Authority.

(e) To insure the marketability of its bonds and the adequacy of the security for the payment of the principal of and interest on its bonds, the Authority shall establish criteria governing:

(1) The eligibility of institutions to participate in its program;

(2) The making of Authority loans and education loans;

(3) Provisions for default;

(4) The establishment of default reserve funds;

(5) The purchase of default insurance; and

(6) Provision for the establishment of prudent debt service reserves and for the furnishing by participating institutions of such additional guarantees of or other security for education loans, Authority loans or the Authority’s bonds.

(f) The Authority shall establish limitations on the principal amounts and the terms of education loans, criteria regarding the qualifications and characteristics of borrowers and procedures for allocating Authority loans among participating institutions.

(g) The Authority may:

(1) Issue bonds for any of its corporate purposes and borrow funds as working capital for its operations;

(2) Fix, revise, charge and collect rates, fees and charges for the services furnished or to be furnished by the Authority and contract with any person, including financial institutions, loan originators, servicers, administrators, issuers of letters of credit and insurers;

(3) Employ consultants, attorneys, accountants, financial experts, loan processors, bankers, managers and other employees and agents as may be necessary in its judgment, and fix their compensation;

(4) Establish regulations, criteria or guidelines with respect to Authority loans, education loans and education loan series portfolios;

(5) Receive and accept from any source and in any form, loans, appropriations, contributions, gifts or grants for or in aid of any Authority purpose or education loan financing program and, when required, use the funds, property or labor only for the purposes for which it was provided;

(6) Make Authority loans to institutions and require that the proceeds of the loans be used for making education loans and paying related loan costs and fees;

(7) Charge to and apportion among participating institutions its administrative and operating costs and expenses incurred in the exercise of its powers and duties; and

(8) Do all acts and things necessary or convenient to carry out its corporate purposes and in such manner and upon such procedure as the Authority may in its discretion from time to time determine or prescribe.

(h) Notwithstanding any other provision contained in this chapter, the Authority may commingle and pledge as security for a series or issue of bonds, with the consent of all of the institutions which are participating in the series or issue:

(1) The education loan series portfolios and some or all future education loan series portfolios of the institutions; and

(2) The loan funding deposits of the institutions if education loan series portfolios and other security and moneys set aside in any fund or funds pledged for any series or issue of bonds are held for the sole benefit of the series or issue separate and apart from education loan series portfolios and other security and moneys pledged for any other series or issue of bonds of the Authority.

(i) The Authority shall:

(1) Examine records and financial reports of participating institutions; and

(2) Examine records and financial reports of any contractor organization or financial institution retained by the Authority.

(j) The Authority shall require that:

(1) Authority loans be used solely to make education loans;

(2) Institutions require each borrower under an education loan use the proceeds solely for the cost of attendance; and

(3) Each borrower certify that proceeds shall be used solely for the cost of attendance.
14 Del. C. § 1722 — Delaware Code / Title 14 / Chapter 17 / Section 1722
§ Â
        1722. Accounting for textbooks, subject matter materials and other school property entrusted to individual students.
Status: repealed

(a) For the purposes of this section:

(1) “Costs” shall be the cost of lost or destroyed textbooks, subject matter materials, supplementary books, instructional computer software and other school property distributed to and entrusted to individual students;

(2) “Responsible person” shall include each student, the parents of each student who have a duty to support the student under § 501 of Title 13 and any guardian who has a duty to support a student.

(b) Each reorganized school district shall adopt a written policy that:

(1) At least annually requires responsible persons to refund to the district their costs;

(2) Sets forth an effective process to collect, at least annually, such costs from the responsible persons; provided however, that the process may permit a student to perform school or community service, at the district’s option, in lieu of repaying book costs, if and only if each responsible person’s income falls below federal poverty guidelines, as they may be amended from time to time; and further provided, that a student otherwise required to perform such service who refuses to perform such service shall be subject to disciplinary action; and

(3) Provides that local district funds shall cover the cost of all lost or destroyed books which are required to be collected from responsible persons pursuant to a written policy which conforms to this section but are not collected.

(c) [Repealed.]
14 Del. C. § 1041 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1041
§ Â
        1041. Definitions.
Status: in_force

As used in this subchapter:

(1) “Inhabitant” means a person who both claims legal residence and physically resides in a designated area or school district.

(2) “Reorganized school district” means a school district constituted and established under this chapter whether by reorganization, consolidation or division.

(3) “School board” means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division.

(4) “School board member” means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter.
14 Del. C. § 2903 — Delaware Code / Title 14 / Chapter 29 / Section 2903
§ Â
        2903. Breach and cancellation of contract.
Status: in_force

Whoever, being the operator of a school bus under a contract with the Department of Education or any school district, fails to comply with any school bus regulation adopted by the Department shall be guilty of breach of contract and the operator’s contract shall be cancelled, after notice and hearing, by the responsible officers of the school district or the Department.
14 Del. C. § 4506 — Delaware Code / Title 14 / Chapter 45 / Section 4506
§ Â
        4506. Timeline and distribution of grant funds.
Status: in_force

(a) The Department will award funds annually to approved grant applicants as follows:

(1) Applicants may use funds over a 2-year period to implement the Program, provided the Program was successful in the first year of the grant.

(2) Contingent upon the availability of sufficient funds.

(b) Where there are insufficient funds to award a grant to every applicant who satisfies the requirements of this chapter, the Department will give priority to applicants who meet the following criteria:

(1) Recruit candidates that reflect the diversity of the student population and community.

(2) Develop programs that support teachers and the placement of candidates in high-need schools.

(3) Increase opportunities in the high school teacher academies to support more diverse participants, integrate culturally responsible curriculum, provide meaningful work-based learning opportunities, and accelerate postsecondary credits and credentials during high school.

(4) Create apprenticeship programs in education.

(5) Expand year-long teacher residency models.
14 Del. C. § 8212 — Delaware Code / Title 14 / Chapter 82 / Subchapter II / Section 8212
§ Â
        8212. Designated state official and official copies of contract.
Status: in_force

The “designated state official” for the State shall be the Secretary of Education. The Secretary of Education shall enter into contracts pursuant to this subchapter only with the approval of the State Board of Education. True copies of all contracts made on behalf of this State pursuant to the agreement set forth in § 8213 of this title shall be placed on file in the office of the Secretary of Education, in the office of the Secretary of State and in the office of the chief state school officer in such other state as is party to the contract. Reference to the existence of such contracts, including at least a list of states involved and the teaching fields or certificates referred to in each state, shall be published regularly in such certification manuals as may from time to time be published by the Department of Education.
14 Del. C. § 1717 — Delaware Code / Title 14 / Chapter 17 / Section 1717
§ Â
        1717. Employment of personnel.
Status: in_force

(a) Local school boards of education and the various school building commissions may employ personnel who are paid wholly or in part from federal and/or school construction funds provided that such personnel shall be classified and paid in accordance with the salary schedules set forth in Chapter 13 of this title. In the event any of the aforementioned boards or commissions shall have a uniform local district salary supplement to the salary schedules set forth in said Chapter 13, such board or commission may also pay employees covered by this subsection an additional amount from federal and/or school construction funds not in excess of that set forth in the uniform local district salary supplement.

(b) Personnel employed pursuant to this section shall be covered by Chapter 14 of this title, if such personnel qualify for coverage under § 1403(a). In determining length of service for the purposes of Chapter 14 of this title, employees who heretofore have been excluded from coverage under Chapter 14 of this title shall receive credit for all service to the State and to the current employing school district.

(c) None of the various school boards or school building commissions shall enter into contracts with, or pay, individuals to provide consultant educational or related services from state, federal or school construction funds when such individual is a salaried employee of the public school system of this State. This subsection shall not be construed to prohibit the employment of professional personnel to teach special classes such as night school and a third shift at a vocational school and in-service courses in the same or other districts outside of regularly scheduled school hours.
14 Del. C. § 4109 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4109
§ Â
        4109. School property; health and safety requirements.
Status: in_force

(a) Every public school shall be equipped with an adequate number of fire extinguishers and shall hold a fire drill at least once every month while the school is in session.

(b) Each board of education shall see that the requirements of subsection (a) of this section are complied with in the schools under their respective jurisdictions.

(c) Where an area of real property which is owned or administered by a school district is bounded by a wall, fence or other structure which has gates or other lockable entrances, the local board of education shall notify the nearest providers of ambulance, fire and police services of the location of such gates and entrances. The local board of education shall provide to the ambulance service, fire company or police department a key of each such enclosed area with the board’s jurisdiction. For purposes of this subsection, the words “real property” shall include all unimproved land only and shall not include buildings.
14 Del. C. § 170A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 170A
§ Â
        170A. Organization and operation of the Interstate Commission.
Status: in_force

(A) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(1) Establishing the fiscal year of the Interstate Commission;

(2) Establishing an executive committee, and such other committees as may be necessary;

(3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

(5) Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

(6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations.

(7) Providing “start-up” rules for initial administration of the compact.

(B) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

(C) Executive committee, officers and personnel. — (1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;

b. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.

(2) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

(D) The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of such person.

(1) The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys’ fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such persons.
14 Del. C. § 3417 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3417
§ Â
        3417. Incentive loans awarded prior to July 1, 2022.
Status: repealed

(a) [Repealed.]

(b) For the purpose of this section, an award is a scholarship that is not repaid to the State. Recipients awarded incentive loans prior to July 1, 2022, will be awarded a scholarship instead of an incentive loan if they are eligible to renew their award as provided in subsection (c) of this section. Recipients will be required to repay the full amount of any incentive loans made to them prior to July 1, 2022, unless the amount is forgiven as provided in this subchapter.

(c) Renewal of awards is limited to the number of years that constitute the standard full-time completion rate. To be eligible for renewal of an award, the recipient must meet the academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted. Except for recipients of incentive loans under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program [14 Del. C. § 3423], the Office will determine whether a recipient is eligible to renew an award. The Division of Libraries will determine whether a recipient of an incentive loan under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program is eligible to renew an award.

(d), (e) [Repealed.]
14 Del. C. § 3407A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3407A
§ Â
        3407A. Disbursement.
Status: in_force

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

(b) No disbursement on behalf of an individual student, pursuant to this subchapter, who is enrolled in an associate’s degree seeking program shall be greater than the tuition charged by the institution.

(c) No disbursement on behalf of an individual student, pursuant to this subchapter, who is enrolled in a credit or noncredit program leading to a recognized academic credential shall exceed the amount of full-time tuition charged by the institution during the corresponding academic year.
14 Del. C. § 3104A — Delaware Code / Title 14 / Chapter 31A / Section 3104A
§ Â
        3104A. Powers and duties.
Status: in_force

(a) The Department shall do all of the following:

(1) Develop and implement a statewide, comprehensive, coordinated, multi-disciplinary, interagency system which ensures that appropriate early intervention services based on scientifically-based research, to the extent practicable, are available to all eligible children and families.

(2) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed assessment of the needs of each family of each infant or toddler, to assist appropriately in the development of the infant or toddler.

(3) Promote public awareness to all primary referral sources and ensure prompt identification and evaluation of eligible children and their families.

(4) Develop and implement IFSPs for eligible children and their families under § 3107A of this title.

(5) Maintain a central directory that includes information on early intervention services, resources, experts, and research and demonstration projects in the State.

(6) Adopt and implement a comprehensive system of personnel development and qualifications.

(7) Serve as the State’s lead agency for early intervention services, including providing a single line of responsibility to carry out all the following:

a. The general administration and supervision of programs and activities receiving assistance under the IDEA.

b. The monitoring of programs and activities used to implement this State system.

c. Identifying and coordinating all available resources within the State from federal, state, local, and private sources.

d. The development and adoption of interagency agreements that ensure meaningful cooperation and coordination, including the financial responsibility for each agency and procedures to resolve disputes.

e. The development of procedures to ensure that services are provided to eligible children with disabilities and their families in a timely manner pending the resolution of any disputes among public agencies or service providers.

(8) A system for compiling data regarding early intervention services provided under this chapter that aligns with the Department’s system for children ages 3 through 21 and includes all of the following:

a. The number of eligible children in this State in need of appropriate early intervention services.

b. The number of children served.

c. The types of services provided, including a referral tracking and monitoring system.

(9) A policy pertaining to the contracting or making of other arrangements with public and private service providers to provide early intervention services in this State, consistent with the provisions of this chapter, including the contents of the application used and the conditions of the contract or other arrangements.

(10) Otherwise meet and implement funding and eligibility requirements of the IDEA.

(11) Make all reports prepared regarding work under this chapter available on the Department website.

(b) The Department may charge a fee for services under this chapter to cover the cost of the program.
14 Del. C. § 3101 — Delaware Code / Title 14 / Chapter 31 / Subchapter I / Section 3101
§ Â
        3101. Definitions.
Status: repealed

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them except when the context clearly indicates a different meaning:

(1) “Child” means a person of 3 years of age, or an earlier age if otherwise provided in this title, until the receipt of a regular high school diploma or the end of the school year in which the person attains the age of 22, whichever occurs first.

(2) “Child with a disability” means a child who because of mental, physical, emotional, developmental, speech or learning disability problems, as defined by the Department of Education rules and regulations approved by the State Board of Education, requires special education and related services in order to develop that person’s own capabilities. A child with a disability is eligible for services beginning on the child’s third birthday, or earlier if otherwise provided in this title.

(3) “Disruptive child” means a child who continually exhibits behavior that does not meet minimal standards of conduct established by the school authorities and that are required in the school and classrooms; whose behavior is in defiance of school personnel, disrupts the school instructional program and is antagonistic to other students and the purpose of the school.

(4) “Exceptional child” means a child with a disability or a gifted and talented child, as defined herein.

(5) “Free appropriate public education” means special education that is specially designed instruction including classroom instruction, instruction in physical education, home instruction and instruction in hospitals and institutions, and related services as defined by Department of Education rules and regulations approved by the State Board of Education and as may be required to assist a child with a disability to benefit from an education that:

a. Is provided at public expense, under public supervision and direction and without charge in the public school system;

b. Meets the standards of the Department of Education as set forth in this title or in the rules and regulations of the Department as approved by the State Board;

c. Includes elementary, secondary or vocational education in the State;

d. Is individualized to meet the unique needs of the child with a disability;

e. Provides significant learning to the child with a disability; and

f. Confers meaningful benefit on the child with a disability that is gauged to the child with a disability’s potential.

No court, administrative tribunal, school district, or school shall use a definition of “free appropriate public education” that states or implies that the term encompasses a lesser educational program than enumerated in this definition. Courts, administrative, tribunals, and schools may use a definition of “free appropriate public education” that states or implies that the term encompasses a more enhanced educational program than described in this definition, if consistent with a decision of the United States Third Circuit Court of Appeals or the United States Supreme Court.

The related services to be provided shall be based upon a program for each child as approved by the Department; provided, that the State Board may review any objection to the Department’s decision. Funds for such services are to be paid from the Educational Contingency Fund of the Department of Education.

(6) “Gifted or talented child” means a child in the chronological age group 4 through the end of the school year in which the child attains the age of 21 or until receipt of a regular high school diploma, whichever occurs first, who by virtue of certain outstanding abilities is capable of a high performance in an identified field. Such an individual, identified by professionally qualified persons, may require differentiated educational programs or services beyond those normally provided by the regular school program in order to realize that individual’s full contribution to self and society. A child capable of high performance as herein defined includes one with demonstrated achievement and/or potential ability in any of the following areas, singularly or in combination:

a. General intellectual ability;

b. Specific academic aptitude;

c. Creative or productive thinking;

d. Leadership ability;

e. Visual and performing arts ability;

f. Psychomotor ability.

(7) “Parent” means a biological or natural parent of a child with a disability, or, as appropriate, a stepparent, guardian, educational surrogate parent, appointed educational representative, relative caregiver or custodian. The identity and authority of a person qualifying as a parent is subject to modification by Family Court or Court of Chancery order. Subject to § 3132 of this title, if a child with a disability has reached that child’s own eighteenth birthday, and no guardian of the person has been appointed, all rights and entitlements accorded to parents by this chapter shall be deemed accorded directly to the child with a disability.

(8) [Repealed.]
14 Del. C. § 8903A — Delaware Code / Title 14 / Chapter 89A / Section 8903A
§ Â
        8903A. Regulatory authority.
Status: in_force

The Department may promulgate regulations necessary to implement this chapter.
14 Del. C. § 3139 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3139
§ Â
        3139. Subpoenas.
Status: in_force

(a) Authority to issue subpoenas is conferred upon the Secretary of Education, or the Secretary’s designee, in order to implement § 3138(a)(3) of this title.

(b) Upon the application of any party at least 12 days prior to hearing, a subpoena shall be issued requiring the attendance of the person or persons listed in the application.

(c) If a person subpoenaed to attend a hearing fails to obey without reasonable cause, or if such a person in attendance refuses, without lawful excuse, to be examined or to answer pertinent questions, an application may be filed with the Family Court for an order directing such person to show cause why that person should not appear or testify. Upon return of the rule, the Court shall examine such person under oath, and if the Court shall determine, after giving such person an opportunity to be heard, that the person refused without legal excuse to attend or testify at the hearing, despite the subpoena, the Court may order such person to comply therewith. Any failure to obey the order may be punished as a contempt of the Family Court, pursuant to the Rules of the Family Court.
14 Del. C. § 1049 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1049
§ Â
        1049. Policy making.
Status: in_force

(a) The school board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations of the State, shall, in addition to other duties:

(1) Determine the hours of daily school sessions, the holidays when district schools shall be closed, and the days on which teachers attend educational improvement activities. This authority is subject to the requirement that all school district calendars must provide for school attendance of at least the following number of hours:

Beginning at the start of the 2008-2009 school year

The waiver provisions in § 1305 of this title also apply to the district calendar.

The number of hours in a school day for grades K-12 shall be at least 31/2 hours exclusive of lunch, and abbreviated days shall not be scheduled on the last school day prior to a scheduled holiday. In the case of an unplanned delay, or early dismissal caused by weather or other unforeseen emergency conditions, such a delay or early dismissal shall be no more than 2 hours. All district calendars shall be adopted by April 30 for the following school year and may only be amended following a 30-day public notice.

(2) Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools;

(3) Enforce the provisions of this title relating to school attendance;

(4) Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;

(5) Adopt courses of study;

(6) Select, purchase, and distribute free of charge such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools;

(7) Provide forms on which regular school employees shall make such reports as may be required by the school board;

(8) Make all reports required by the Secretary of Education, at such time, upon such items and in such form as may be prescribed by the Secretary of Education;

(9) Appoint personnel.

(b) Notwithstanding any provision or section of this chapter to the contrary, each school board shall provide a stand-alone, self-contained half-day kindergarten option within the district, provided there are 18 or more children signed up for a half-day kindergarten option.
14 Del. C. § 1102A — Delaware Code / Title 14 / Chapter 11A / Section 1102A
§ Â
        1102A. Definitions [Transferred].
Status: in_force

Transferred to § 3437(b) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 2112 — Delaware Code / Title 14 / Chapter 21 / Section 2112
§ Â
        2112. Temporary bonds.
Status: in_force

Until bonds in definite form can be prepared, the school board issuing the bonds may cause temporary bonds with appropriate coupons to be prepared which shall be executed and signed as provided in §§ 2108-2111 of this title, which said temporary bonds shall be exchangeable for definitive bonds at the request of the holder.
14 Del. C. § 172 — Delaware Code / Title 14 / Chapter 1 / Subchapter IV / Section 172
§ Â
        172. Assessment behavior violations.
Status: in_force

It is an assessment security violation for an individual to fail to follow state assessment system administration procedures promulgated by the Department, and no individual shall:

(1) Give any examinee access to secure assessment items or materials except in the regular course of an authorized administration of the state assessment;

(2) Give unauthorized individuals or other persons access to secure assessment items or materials;

(3) Copy, reproduce, use, or otherwise disclose in any manner inconsistent with assessment security regulations and procedures any portion of the secure assessment materials;

(4) Provide answers during the assessment administration either orally, in writing, or by any other means to an examinee;

(5) Coach any examinee during assessment administration by giving the examinee answers to secure assessment questions or otherwise directing or guiding a response or by altering or interfering with the examinee’s response in any way;

(6) Fail to follow security regulations and procedures for the storage, distribution, collection and return of secure assessment materials or fail to account for all secure assessment materials before, during and after assessment administration;

(7) Fail to properly monitor assessment administration, including permitting inappropriate collaboration between or among individuals; fail to remove or cover nonallowable resources from the assessment site during the assessment administration; or fail to destroy scratch paper used by students during the assessment administration;

(8) Fail to prohibit students from accessing or using electronic equipment (e.g., cellular phones, personal digital assistant devices, iPods, electronic translators), other than those authorized for use by the Department for the assessment administration;

(9) Fail to confirm proper identification of students being administered the assessment or intentionally give a student the wrong student identification number during the log-in, causing any student to log in and take the assessment under another student’s records;

(10) Fail to collect and destroy any materials bearing student identification number(s) and student name(s) used to provide student(s) with this information during the assessment administration;

(11) Produce unauthorized copies of assessment content from the computer website; fail to properly destroy authorized copies; or allow copies to be taken outside the assessment site;

(12) Allow assessment administration by unauthorized personnel or personnel who have not received assessment administration certification;

(13) Administer secure assessments on dates other than those authorized by the Department;

(14) Participate in, direct, aid, counsel, assist, encourage or fail to report any of the acts prohibited in this subchapter; or

(15) Refuse to disclose to the Department information regarding assessment security violations; or

(16) Refuse to cooperate in the investigation of a suspected breach of assessment security, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable.
14 Del. C. § 8601 — Delaware Code / Title 14 / Chapter 86 / Section 8601
§ Â
        8601. Purpose.
Status: in_force

(a) It is the purpose of the General Assembly of the State, through this chapter, to establish and maintain the Delaware Advisory Council on Career and Technical Education, referred to as “DACCTE” throughout this chapter. DACCTE is established to advise the Governor, General Assembly, Secretary of Education, and the State Board of Education on all matters pertaining to career and technical education with emphasis on recommending policies and initiatives that should be pursued to strengthen and modernize the career and technical education delivery system.

(b) Further, it is the intent and purpose of the General Assembly to provide an objective agency to conduct evaluations and program reviews and serve as a clearinghouse for state and national information on career and technical education, to provide citizens of this State access to the experience and judgment of lay and professional groups from the fields of employment and education in the formation of public policies.
14 Del. C. § 2803 — Delaware Code / Title 14 / Chapter 28 / Section 2803
§ Â
        2803. Local funds.
Status: in_force

Any local district initiating an expanded school year program must provide such program within the limits of state funding it would receive absent its decision to operate such program; provided, however, that nothing in this section shall preclude a district from using existing or additional local, federal or other nonstate funding for the provision of an expanded school year program.
14 Del. C. § 2405 — Delaware Code / Title 14 / Chapter 24 / Section 2405
§ Â
        2405. Department of Correction training program.
Status: in_force

Persons hired for the Prison Educational unit shall complete a Department of Correction training program before working within correctional facilities.
14 Del. C. § 4111 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4111
§ Â
        4111. Disclosure of pupilsâ school records.
Status: in_force

(a) Educational records of students in all public and private schools in this State are deemed to be confidential. Educational records may be released, and personally-identifiable information contained therein disclosed, only in accordance with the Family Educational Rights and Privacy Act (“FERPA”) under 20 U.S.C. § 1232g and its implementing regulations set forth in 34 C.F.R. Part 99 and, with respect to records for students with disabilities, in accordance with Chapter 31 of this title and its implementing regulations. FERPA and Chapter 31 of this title and their implementing regulations authorize the release of educational records upon written consent and establish the other terms and conditions on which educational records may and must be released.

(b) The provisions of subsection (a) of this section notwithstanding:

(1) Educational institutions and programs operating in this State, including local education agencies and postsecondary institutions and programs regulated by a state agency, shall disclose to the Department such education records, and personally-identifiable information contained therein, necessary for the audit or evaluation of state and federal education programs in accordance with the provisions of FERPA and its implementing regulations.

(2) Pursuant to the legitimate interest in data exchange and compliance with federal and state reporting requirements, educational institutions and programs operating in this State, including local education agencies and postsecondary institutions and programs regulated by a state agency who outsource data exchange and compliance with federal and state reporting requirements to the Department, may consider the Department to be a “school official” as defined under FERPA’s implementing regulations in 34 C.F.R. § 99.31. Local education agencies and other educational institutions and programs may disclose to the Department, without parental consent, the educational records, and personally-identifiable information contained therein, necessary for the purpose of data exchange and federal and state reporting as required by law, if all of the following conditions are met:

a. The educational institution or program would otherwise use its own employees to collect the data for the purpose of the reporting.

b. The educational institution or program directly controls the Department’s use and maintenance of its educational records.

c. The Department is subject to the requirements of FERPA and its implementing regulations governing the use and redisclosure of personally-identifiable information from educational records.

d. The education agency or institution uses reasonable methods to ensure that the Department only obtains access to those educational records that are necessary for the legitimate educational interest of data exchange and federal or state reporting as required by law.

(3) All disclosures authorized by this section must be for the purpose of ensuring the effectiveness of publicly-funded programs by connecting pre-kindergarten through grade 12 and post-secondary data, and sharing information to improve educational outcomes for students.

(4) The Department may redisclose those educational records, and the personally-identifiable information contained therein, deemed necessary by the Department to accomplish its objective of improving educational outcomes. Any Department use, compilation, maintenance, protection, distribution, redisclosure, or destruction of educational records, and the personally-identifiable information contained therein, must comply with FERPA and its implementing regulations as well as any other pertinent federal or state privacy statutes.

(c) All public and private schools in this State shall allow parents and eligible students to inspect and review the education records of their children or themselves who are, or have been, in attendance at the school. The right to inspect and review educational records must be in accordance with rules and regulations of the Department of Education.

(d) No cause of action or claim for relief, civil or criminal, may lie or damages be recoverable against any school officer or employee by reason of such officer’s or employee’s participation in the formulation of such records or any statements made or of judgments expressed therein concerning a student’s academic performance, personal conduct, health, habits, school related activities or potential; nor by reason of the disclosure of the records or personally-identifiable information from the records, nor lack of access thereto, in accordance with subsections (a) through (c) of this section.
14 Del. C. § 1705B — Delaware Code / Title 14 / Chapter 17 / Section 1705B
§ Â
        1705B. Required reporting regarding maximum student-instructor ratio.
Status: in_force

(a) The Department of Education shall collect and report data, on an annual basis, in a uniform manner regarding compliance with the student-instructor ratio set forth in § 1705A(a) of this title by local school districts and charter schools. This data shall include waivers required by the school districts and charter schools, and the disposition thereof.

(b) Local school districts and charter schools shall report the above-referenced compliance data using individual classrooms and schools as the basic units of information.

(c) The above-referenced compliance data shall be reported by December 31 of each calendar year to ensure that such data is available to be considered in the event of a proposed waiver of the maximum class size provisions required under § 1705A(a) of this title.

(d) The compliance data shall be published on the website of the Department of Education as well as that of each school district and each charter school.
14 Del. C. § 1089 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1089
§ Â
        1089. Challengers and challenges.
Status: in_force

(a) For school board member elections, each candidate on the ballot may appoint and accredit 1 or more suitable persons as challengers. One challenger from each candidate on the ballot may be present inside each polling place to observe the conduct of the election and all election records. The challengers may be changed and their places filled in like manner during the day. Each challenger shall present a challenger authorization for that particular election signed by the candidate before being permitted to sit as a challenger.

(b) For all other public school elections, 5 persons at a time may act as challengers. Persons desiring to sit as a challenger shall ask the inspector in the polling place for permission to serve as a challenger. If fewer than 5 persons are sitting as challengers, the person shall be seated after completing the challenger identification form. If 5 persons are already seated, no person shall be seated until 1 of the seated persons has left the polling place. Any challenger who leaves the polling place for any reason shall immediately surrender the challenger’s own challenger badge to the inspector and shall be replaced by a person waiting to be seated as a challenger.

(c) A person serving as a challenger shall be issued a challenger badge that the challenger shall wear while in the polling place. If the person leaves the polling place the challenger shall surrender the badge to the inspector and for school board member elections retrieve the challenger authorization from the inspector.

(d) Challengers shall be peace officers with the same powers of preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector shall have the duty to caution the challengers concerning the foregoing and, if a challenger persists in objectionable behavior, the challenger may be ejected by the inspector. Nothing in this subsection shall prevent the substitution of another challenger for 1 who has been ejected.

(e) If an inspector wilfully ejects a challenger without cause, that inspector shall be deemed to have knowingly and wilfully violated that inspector’s own official duty.

(f) Anyone legally within the polling place may challenge any voter for identity, address or bribery. The inspector and both judges shall hear each challenge immediately and before the person so challenged enters a voting machine. Once the inspector and both judges vote on the challenge, the matter is decided and the challenged person will either be permitted to vote or not permitted to vote depending on the decision. A person denied permission to vote shall leave the polling place immediately. A person challenged for bribery may take and subscribe to the oath as provided in § 4940 of Title 15. Once the person has taken and subscribed to the oath, the person shall be permitted to vote.
14 Del. C. § 3428A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3428A
§ Â
        3428A. Additional responsibilities.
Status: in_force

(a) An institution participating in the Delaware Advance Scholarship Program shall develop, promote, and coordinate a public awareness program to inform students and parents of the Delaware Advance Scholarship Program.

(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 Delaware Advance Scholarship Program contact person, who must be a counselor, teacher, or transition coordinator at each high school in this State.
14 Del. C. § 3416A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3416A
§ Â
        3416A. Additional responsibilities.
Status: in_force

(a) The institution shall develop, promote, and coordinate a public awareness program to inform students and parents of the Inspire Scholarship Program.

(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 Inspire Scholarship Program contact person, who shall be either a counselor or teacher, at each high school site in this State. The Department of Education shall also ensure that all printed or electronic communications relating to a school activity include information about the Inspire Scholarship Program. Printed and electronic communications shall include, but is not limited to, middle school, high school, or district-wide school activity announcements found in or on printed programs, newsletters, e-newsletters, community newspapers, and websites. For school activities where general announcements are made by any school official, information relating to the Inspire Scholarship Program shall also be included in those communications.
14 Del. C. § 8508 — Delaware Code / Title 14 / Chapter 85 / Section 8508
§ Â
        8508. Filing fees; renewal fees.
Status: in_force

Each original application for a certificate of approval shall be accompanied by a filing fee to be determined by the Department, which fee shall include the cost of investigation and issuance of the original certificate of approval, if the application is approved. There shall be an annual renewal fee to be determined by the Department. No fee shall be charged for a supplementary application for the approval of additional fields or courses of instruction. Fees, charges or fines within this chapter shall be deposited to the General Fund of the State.
14 Del. C. § 4201 — Delaware Code / Title 14 / Chapter 42 / Section 4201
§ Â
        4201. Legislative intent.
Status: in_force

The Delaware Center for Educational Technology is intended to create a modern educational technology infrastructure in Delaware’s public schools for the purpose of enabling students, through the use of technology, to meet the academic achievement standards set by the State of Delaware through the Department of Education and its State Board of Education and to develop the skills needed by a world-class workforce. To these ends, the General Assembly intends for the Delaware Center for Educational Technology to concentrate on the deployment of technology at the school level in a way that will be of maximum effect in improving teaching and learning in Delaware schools. The General Assembly expressly desires to avoid the creation of bureaucracies that duplicate functions of the Department of Education and local school districts and intends that the Delaware Center for Educational Technology operate as an efficient organization making maximum use of existing staff and expertise of state agencies and school districts.
14 Del. C. § 412 — Delaware Code / Title 14 / Chapter 4 / Section 412
§ Â
        412. Credits; graduation.
Status: in_force

A pupil who has been enrolled in a receiving district and who has met that district’s graduation requirements shall be granted a diploma by that district. That district shall accept credits toward graduation requirements that were awarded by another district.
14 Del. C. § 1903 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1903
§ Â
        1903. Election preceding levy of tax.
Status: in_force

Before any school board levies a tax under § 1902 of this title, it shall determine whether the tax shall be on the basis of a specified amount or of a specified rate of taxation and shall call a special election to be held at the polling place or places designated by the Department of Elections conducting the election. There shall be not more than 2 such special elections held during any 12-month period.
14 Del. C. § 1224 — Delaware Code / Title 14 / Chapter 12 / Subchapter III / Section 1224
§ Â
        1224. Review by the Secretary of Education.
Status: in_force

The Secretary of Education shall have the authority to review licensure and certification credentials on an individual basis and to act upon same at the request of the local school district or charter school provided that the local school district or charter school is able to document the effectiveness of the applicant.
14 Del. C. § 802 — Delaware Code / Title 14 / Chapter 8 / Section 802
§ Â
        802. Shared decision-making at the school district level.
Status: in_force

(a) Each board of education shall initiate with other representatives of the school community initial structured conversations and activities concerning the utilization of shared decision-making by April 1, 1998, using such funds as are appropriated for this specific purpose in the annual appropriations act and as specified under § 807(a) of this title.

(b) The local board of education shall facilitate the selection of a district shared decision-making advisory committee (“District Advisory Committee”) through an inclusive process that reflects the diversity within the school community.

Representatives of employee groups recognized under Chapter 40 of this title shall be selected by the relevant exclusive representative in a manner of the exclusive representative’s choosing. Employees not organized under Chapter 40 of this title shall select their representatives from the membership of their employee groups. For student (where appropriate), parent and community groups, the local board of education shall coordinate the selection of representatives with organizations for each of these groups where they exist.

(c) The structured conversations and activities of the District Advisory Committee shall result in a Report and Recommendation to the local board, through a decision-making process it developed to produce as much agreement as practicable, that:

(1) They wish to pursue shared decision-making further by developing a district transition plan to implement shared decision-making as a means of pursuing school improvement in the district, identifying the process they recommend for establishing a district transition plan, and determining the composition and roles and responsibilities of the “District Transition Team” to develop the district transition plan; or

(2) They recommend that the district not explore shared decision-making further.

(d) Each representative of a stakeholder group who participates in the structured conversations and activities of the District Advisory Committee pursuant to subsection (b) of this section shall sign the Report and Recommendation pursuant to subsection (c) of this section. Each such representative shall also indicate that they have made a good faith effort to communicate with their stakeholder group so as to ensure that the views of the membership of their stakeholder group were reflected in the Report and Recommendation.

(e) If the school community agrees to pursue shared decision-making further, the school board shall, after due consideration of the Report and Recommendation of the District Advisory Committee, officially vote to endorse the concept of shared decision-making, the process for establishing a district transition plan, the composition of the District Transition Team (whose membership shall be selected in accordance with the procedures set forth in subsection (b) of this section); and the roles and responsibilities delegated to the District Transition Team. If the board has concerns with a recommendation by the District Advisory Committee, it shall remand that recommendation to the District Advisory Committee for its proposed resolution of the concerns. The resolution shall be presented to and endorsed by the board before the board applies for a district transition planning grant.

(f) The Department of Education shall provide local school boards with assistance, guidance and strategies to initiate and plan the implementation of these structured conversations and activities.
14 Del. C. § 4120 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4120
§ Â
        4120. School dress codes and uniforms.
Status: in_force

(a) The school board of each public school district shall have authority to establish and enforce a dress code program, which may include school uniforms, for students within the district to promote an orderly, disciplined school environment and to encourage uniformity of student dress. Any school board exercising its authority under this section shall promulgate rules and regulations governing the establishment and enforcement of its dress code program.

(b) In establishing a dress code that adopts school uniforms, the rules and regulations of the school board shall ensure that any uniform required is available at an affordable price, and shall include provision to assist economically disadvantaged students in obtaining school uniforms.
14 Del. C. § 220 — Delaware Code / Title 14 / Chapter 2 / Subchapter II / Section 220
§ Â
        220. Purpose.
Status: in_force

It is the intent and purpose of the General Assembly through this subchapter to establish and implement a plan for neighborhood schools in Northern New Castle County that is fair and equitable to all affected children in New Castle County.
14 Del. C. § 2411 — Delaware Code / Title 14 / Chapter 24 / Section 2411
§ Â
        2411. Trained correctional officers.
Status: in_force

Persons who have completed the correctional officer training and worked within the correctional officer series for a minimum of 6 consecutive years and are currently working within the series, have satisfied the requirements of § 2405 of this title and are exempt from retaking this training.
14 Del. C. § 2706 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2706
§ Â
        2706. Contagious diseases.
Status: in_force

Any child affected with diphtheria, measles, scarlet fever or smallpox shall be excluded from the schools until permission of the proper school officer for the child to return is granted; and intercourse between pupils of the schools and the family or house, when there is any case of 1 of these contagious diseases, must be forbidden until the official permission is given to return to the school.
14 Del. C. § 1103A — Delaware Code / Title 14 / Chapter 11A / Section 1103A
§ Â
        1103A. Funding [Transferred].
Status: in_force

Transferred to § 3437(c) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 1104A — Delaware Code / Title 14 / Chapter 11A / Section 1104A
§ Â
        1104A. Eligibility for Program  [Transferred].
Status: in_force

Transferred to § 3437(d) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 1048 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1048
§ Â
        1048. Regular and special meetings; quorum; roll call vote.
Status: in_force

(a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board.

(b) Special meetings of the school board may be held whenever the duties and business of the school board may require.

(c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of a majority of the members of the board. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board.

(d) A roll call vote of all board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote shall then be so recorded and considered a matter of public record.

(e) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment. For purposes of this subsection, “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session.

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

(g) (1) If a school board allows school board members to attend regular or special meetings remotely by electronic means, then all of the following must be permitted reasons for remote attendance:

a. Illness of the school board member.

b. Illness of an individual in the school board member’s family where that individual requires caretaking.

c. A public health emergency.

d. Pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner.

e. Military deployment of the school board member.

(2) a. A school board may impose limitations on the number of times a school board member may be permitted to attend remotely under paragraph (g)(1) of this section.

b. A school board may not expand the permissible reasons for a board member to attend remotely beyond those enumerated under paragraph (g)(1) of this section.

(3) A school board member attending remotely under paragraph (g)(1) of this section is counted as though physically present for purposes of quorum and voting.

(4) The means used to facilitate remote attendance under this subsection must allow all participating members and witnesses to simultaneously hear the comments of each member or witness.
14 Del. C. § 2005 — Delaware Code / Title 14 / Chapter 20 / Section 2005
§ Â
        2005. Satellite schools.
Status: in_force

(a) Reorganized school districts and charter schools authorized pursuant to Chapter 5 of this title are authorized to enter into satellite school agreements pursuant to this section. For purposes of this section, a “satellite school” is defined as a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.

(b) The Department of Education shall promulgate rules and regulations for the approval of satellite school agreements. Such rules and regulations shall ensure that the physical facilities in which satellite schools operate are sufficient to protect the health and safety of the students who attend such schools, but shall not require that those physical facilities meet the same requirements established by the Department pursuant to § 2002 of this title for schools constructed and owned by reorganized districts. The State Risk Manager shall provide assistance to the Department in establishing regulations governing the respective obligations of the school district or the charter school operating the satellite school and the employer or employers providing the physical facility for the operation of the satellite school for any liabilities that may be incurred pursuant to a separate provision of this Code or other provision of law. Satellite schools and their employees shall have the same immunities from liability as other public schools and their employees.

(c) Reorganized districts shall establish procedures for admissions to non-charter school satellite schools consistent with those established by Chapter 4 of this title and charter schools shall establish procedures for admissions to satellite schools consistent with those established by Chapter 5 of this title; provided however, that preference in admissions to satellite schools may also be given to students whose parents are residents of the State and who work at the worksite at which the satellite facility is located so long as such preference is made equally available to such students without regard to the jobs their parents hold at the worksite or without regard to whether the student’s parents work for the employer who controls the worksite or a contractor of such employer. Such preference may also be extended to students whose parents work at a physical facility located within a 1-mile radius of the satellite school for an employer or the contractor of any employer, which is a party to a satellite school agreement with a reorganized district and which provides assistance pursuant to such agreement in the provision of the physical facility for the operation of the satellite school.
14 Del. C. § 4101 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Reading of First Amendment of the United States Constitution.
Status: in_force

At the commencement of the first period of study on the first day of school of each school year in all public schools of the State, the First Amendment of the Constitution of the United States of America shall be read or recited by the teacher in charge of such period to the students therein assembled.
14 Del. C. § 2602 — Delaware Code / Title 14 / Chapter 26 / Section 2602
§ Â
        2602. Establishment and notification of tax rate.
Status: repealed

(a) The board of education for each vocational technical high school district shall, no later than the second Thursday in July, deliver its warrant, with a duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or counties where the district is located.

(b) [Repealed.]
14 Del. C. § 173A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 173A
§ Â
        173A. Financing of the Interstate Commission.
Status: in_force

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

(B) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

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

(D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
14 Del. C. § 1052 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1052
§ Â
        1052. Number; qualifications of members; election of members; term of members [For application of this section, see 83 Del. Laws, c. 251, Â 7].
Status: in_force

(a) Unless otherwise provided in this chapter, each school board is composed of 5 members.

(b) Each member must be a citizen of the State and inhabitant of the school district in which elected or appointed and must be qualified to vote at a school election in that district at the time of such election or appointment.

(c) Unless otherwise provided in this chapter, 1 school board member is elected each year except where an unexpired term of a former member is also to be filled or the terms of 2 school board members expire the same year.

(d) Unless otherwise provided in this chapter, each school board member is elected for a term of 4 years commencing on July 1 following the member’s election, except when such election is to fill an unexpired term.

(e) (1) If a school board member is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges.

a. If the charges under § 209(a) of this title that are the basis of the suspension under this paragraph (e)(1) are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a school board member.

b. If a school board member who is suspended under this paragraph (e)(1) is convicted or pleads guilty or nolo contendere of a crime under § 209(a) of this title that is the basis of the suspension, the suspended school board member ceases to be a member of the school board.

(2) If a school board member is suspended under paragraph (e)(1) of this section, the school board member’s seat is treated as vacant and may be filled, at the discretion of the school board, under § 1054 of this title until 1 of the following occur:

a. The suspended school board member resigns.

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

c. The suspended school board member returns to service under paragraph (e)(1)a. of this section.

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

(f) (1) A school board member who is suspended or removed under paragraph (e)(1) of this section may mail or deliver a written request for a hearing to the school district superintendent within 20 days of the suspension or removal.

(2) A hearing under paragraph (f)(1) of this section is for the limited purpose of determining if the school board member was charged, convicted, or pleaded guilty or nolo contendere to a crime under § 209(a) of this title and the burden of proof is on the school board member who requested the hearing.

(3) A hearing under paragraph (f)(1) of this section is conducted by a hearing panel selected by the Commissioner of Elections as follows:

a. The Delaware School Board Association must provide names of 3 or more school board members from different school districts in each county for the hearing panel.

b. The Commissioner of Elections must select the members of the hearing panel from the list provided under paragraph (f)(3)a. of this section and must select 1 member from a school district in each county.

c. A member of the hearing panel may not be a member of the same school board as the school board member that requested the hearing under paragraph (f)(1) of this section.

(4) A decision made by the hearing panel under paragraph (f)(3) of this section is final, unless a party to the hearing files a civil action in the Superior Court within 30 days of the date of the decision. In an action under this subsection, the complaining party has the burden of proving that the hearing panel’s decision under paragraph (f)(2) of this section was not supported by substantial evidence on the record.
14 Del. C. § 1710 — Delaware Code / Title 14 / Chapter 17 / Section 1710
§ Â
        1710. Certification of number of units by Secretary of Education.
Status: in_force

The number of units in each school district as calculated under § 1704 of this title shall be certified by the Secretary of Education as soon as such calculations are completed.
14 Del. C. § 8904E — Delaware Code / Title 14 / Chapter 89E / Section 8904E
§ Â
        8904E. Range of awards.
Status: in_force

(a) Those individuals who are chosen Behavioral Health Professional of the Year in their respective district shall be nominated for the Behavioral Health Professional of the Year Award.

(b) Those individuals who are chosen Behavioral Health Professional of the Year for their respective school districts will be awarded $2,000.

(c) The individual who is chosen state Behavioral Health Professional of the Year shall be awarded $3,000 in addition to the district level award.
14 Del. C. § 9101 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9101
§ Â
        9101. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Trustees of the Delaware Technical and Community College.

(2) “Fund” means the Community College Infrastructure Fund.

(3) “Institution” means such institutions of higher learning as may be from time to time established by the Board.

(4) “The College” means the Delaware Technical and Community College.
14 Del. C. § 2904 — Delaware Code / Title 14 / Chapter 29 / Section 2904
§ Â
        2904. Minimum insurance coverage requirements.
Status: in_force

All buses used, owned, leased, or operated by any person under contract with the Department of Education, a school district, or charter school for the purpose of transporting school pupils either to or from school or for any other purpose under the jurisdiction of any school authority shall be covered by insurance consisting of, at a minimum, all of the following:

(1) Bodily injury and property damage coverage with a combined single limit of $1,000,000.

(2) Personal injury protection coverage of $100,000 individual, $300,000 total.

(3) Medical payment coverage of $2,000 per person.

(4) Uninsured motorist coverage of $300,000.
14 Del. C. § 3484 — Delaware Code / Title 14 / Chapter 34 / Subchapter XII / Section 3484
§ Â
        3484. Administration; authority.
Status: in_force

This subchapter shall be administered by the Plans Management Board pursuant to § 2722 of Title 29.
14 Del. C. § 8228 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8228
§ Â
        8228. Rulemaking.
Status: in_force

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this interstate Compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) The Commission shall promulgate reasonable rules to achieve the intent and purpose of this interstate Compact. In the event the Commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this interstate Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the member states.

(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the Commission in accordance with Commission rules and bylaws.

(e) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of Commission or member state funds.

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) Protect public health and safety.
14 Del. C. § 2104 — Delaware Code / Title 14 / Chapter 21 / Section 2104
§ Â
        2104. Faith and credit of district; exemption of bonds from taxation.
Status: in_force

The faith and credit of the district which issues bonds under this chapter is hereby expressly pledged for the full and complete payment of the principal of and interest on any bonds authorized to be issued under this chapter, and the said bonds shall be exempt from taxation, with respect to both principal and interest, by the State or any political subdivision thereof for any purpose.
14 Del. C. § 9106 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9106
§ Â
        9106. Transfer of property.
Status: in_force

Within applicable provisions of law, any department or agency of the state government, and any subdivision of the State may sell, give, lease, or otherwise make available any of its property to, or for use by, the Board.
14 Del. C. § 3131 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3131
§ Â
        3131. Conduct of meetings.
Status: in_force

(a) No charter school or school district, or any person acting under the authority of a charter school or school district, shall discriminate or take any adverse employment or contract action against any person based upon statements that person makes while advocating for a student in connection with an individualized education program (IEP), including statements made in preparation for or at a meeting, review, or conference concerning a child with a disability’s free, appropriate public education. Entities or persons who violate this subsection shall be subject to the same injunctive and monetary sanctions as persons or entities that engage in unlawful employment practices under Chapter 7 of Title 19.

(b) Subject to confidentiality requirements of applicable state or federal law, minutes may be taken, by disclosed recording device or stenographer, of any meeting, review or conference concerning a child with a disability’s free, appropriate, public education, at the option of the parents of the child with a disability, their authorized representative or the agency conducting the meeting, review or conference. Costs of the recording shall be borne by the person or agency exercising the option under this section.

(c) Discussions about employment options with children and parents during the IEP process should be consistent with Delaware’s employment first policy articulated by § 743 of Title 19. Progress made toward post-secondary goals in transition IEPs will be reported with the same frequency as that for academic goals.

(d) The Department of Education, in consultation with the Department of Justice, shall annually survey a material number of parents and children who have individualized education programs with respect to the parents’ and children’s satisfaction with the IEP process. Information gathered through this survey shall be used by the Department of Education and Department of Justice to conduct follow-up examinations with school districts and charter schools as to their good faith compliance with state and federal laws and regulations.
14 Del. C. § 3126 — Delaware Code / Title 14 / Chapter 31 / Subchapter IV / Section 3126
§ Â
        3126. Rules and regulations.
Status: in_force

The extent of programs and facilities provided for children determined to be gifted or talented shall be in accordance with the rules and regulations of the Department as approved by the State Board of Education.
14 Del. C. § 1071 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1071
§ Â
        1071. Applicability of this subchapter; definitions.
Status: in_force

(a) This subchapter shall apply to any election conducted in any reorganized school district by the school board of such district or by the State Board of Education. This subchapter shall be in addition to Chapters 19, 20 and 21, and to the extent that any provision of this subchapter is inconsistent with any provision contained in Chapter 19, 20 or 21, Chapters 19, 20 and 21 shall govern.

(b) As used in this subchapter:

(1) “Department of Elections conducting the election” means the Department of Elections in the county in which the office of the superintendent of a public school district is located and which is responsible for conducting elections in accordance with Chapters 10, 19, 20 and 21 of this title for that school district, except that public school elections in the Milford and Smyrna School Districts shall be conducted by the Department of Elections for Kent County and public school elections in the Woodbridge School District shall be conducted by the Department of Elections for Sussex County.

(2) “Election” shall include a referendum where applicable.

(3) “Public school election” means an election to elect 1 or more members to a board of education and any election conducted in accordance with Chapter 19, 20 or 21 of this title.

(4) “Reorganized school district” means a school district constituted and established in accordance with this chapter whether by reorganization, consolidation or division.

(5) “School board” means the board of education of a reorganized school district.
14 Del. C. § 3703 — Delaware Code / Title 14 / Chapter 37 / Section 3703
§ Â
        3703. Replacement of property; disbursements.
Status: in_force

The Director of the Office of Management and Budget and State Risk Manager shall authorize the transfer and expenditure of funds allocated pursuant to § 3702 of this title.
14 Del. C. § 4137B — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4137B
§ Â
        4137B. Red Dye 40 prohibited; school foods and beverages [For application of this section, see 85 Del. Laws, c. 27, Â 2].
Status: in_force

(a) For purposes of this section:

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

(2) “Campus” means areas of the property under the jurisdiction of a school district or charter school that are accessible to students during the school day.

(3) “Competitive food” means all foods and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act, 42 U.S.C. § 1751 et seq., and the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq., available for sale through the school nutrition programs to students on campus during the school day.

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

(5) “Lunch” means as defined in 7 C.F.R. § 210.2.

(6) “School day” means the period from the midnight before, to 30 minutes after, the end of the official school day.

(b) A school district or charter school may not sell or serve breakfast, lunch, or competitive food on campus during the school day that contains Red Dye 40 (CAS no. 25956-17-6).

(c) The Department may adopt rules or promulgate regulations to implement this section.