14 Del. C. § 3308 — Delaware Code / Title 14 / Chapter 33 / Section 3308
§ Â
        3308. Acceptance of federal vocational education acts.
Status: in_force

The State accepts the benefits of the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) [20 U.S.C. § 2301 et seq.], and any subsequent reauthorization thereof, and subject to its requirements and any implementing regulations thereto. The State Treasurer shall be the custodian of any funds accruing to the State from the aforesaid Act and shall make disbursements therefrom upon the order of the Department of Education.
14 Del. C. § 6506 — Delaware Code / Title 14 / Chapter 65 / Section 6506
§ Â
        6506. Faculty; powers.
Status: in_force

The faculty of the University, composed of the teachers whom the trustees shall employ, 1 of whom shall be President of the University and, ex officio, a member of the Board of Trustees, shall have the care, government and instruction of the students, subject, however, to the bylaws. They shall have authority, with the approbation of the Board, to confer degrees and grant diplomas.
14 Del. C. § 8252 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8252
§ Â
        8252. Effective date, withdrawal, and amendment.
Status: in_force

(a) This Compact shall come into effect on the date on which this Compact statute is enacted into law in the seventh member state.

(1) On or after the effective date of this Compact indicated above, the Commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.

a. A Charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in § 8251 of this title.

b. If any member state is later found to be in default, or is terminated or withdraws from this Compact, the Commission shall remain in existence and this Compact shall remain in effect even if the number of member states should be less than 7.

(2) Member states enacting this Compact subsequent to the charter member states shall be subject to the process set forth in § 8248(c)(21) of this title to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in this Compact.

(3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of this Compact prior to the effective date of this Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

a. Any state that joins this Compact subsequent to the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day this Compact becomes law in that state.

b. Any member state may withdraw from this Compact by enacting a statute repealing the same.

(b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

(c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

(d) Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 6 months after the date of such notice of withdrawal.

(1) Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

(2) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
14 Del. C. § 2705 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2705
§ Â
        2705. Exemption of children from compulsory attendance requirements.
Status: in_force

(a) Other provisions of this title notwithstanding, a child may be exempted from § 2702 of this title upon request of the parent, guardian or other person legally having control of that child when the request is supported by written documentation of a physician, psychiatrist, psychologist or neurologist, as the case may require. The request and documentation shall be addressed to the superintendent of schools of the district in which the child resides and, in the case of a child with a disability or disabilities, the child’s Individual Education Program (IEP) team, for the development of an educational program and determination of whether a change of placement is necessary to ensure that the child receives a free and appropriate public education.

(b) Any disputed decision under this section shall be presented first to the board of education of the school district of which the child is a resident and may thereafter be appealed to the State Board of Education. The decision of the State Board of Education shall be final. In the case of a child with a disability or disabilities, all of the federal regulatory due process procedures of Part B of the Individuals with Disabilities Education Act [20 U.S.C. §§ 1411 et seq.] shall apply.
14 Del. C. § 514A — Delaware Code / Title 14 / Chapter 5 / Section 514A
§ Â
        514A. Renewals and nonrenewals.
Status: in_force

(a) Four years after a charter school has commenced its instructional program pursuant to this chapter and not later than every 5 years thereafter, the approving authority shall, upon notice to the charter school, review the performance of the charter school to determine its compliance with its charter and its satisfaction of the criteria set forth in this title for the purposes of renewal or nonrenewal.

(b) A charter school may be renewed for successive 5-year terms of duration. An approving authority may grant renewal with specific conditions for necessary improvements to a charter school. Where a charter school has demonstrated an outstanding record of performance, an approving authority may grant it a renewal term of 10 years. Any charter school receiving such an extended renewal term shall, at the midpoint of the 10-year charter, be subject to an annual performance and program evaluation that includes academic, financial and operations data that looks back to all of the years of the charter up to that point. If, upon this evaluation, the approving authority determines that the charter school’s level of performance is deficient by renewal standards, the approving authority may initiate the formal renewal and nonrenewal process set forth below.

(c) No later than April 30, the approving authority shall issue a charter school renewal report and charter renewal application guidance to any charter school whose charter will expire the following year. The renewal report shall summarize the charter school’s performance record to date, based on the data required by 79 Del. Laws, c. 51 and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the approving authority concerning the charter school that may jeopardize its position in seeking renewal if not timely rectified. The charter school shall have 10 working days to respond to the renewal report and submit any corrections or clarifications for the report.

(d) The renewal process shall, at a minimum, provide an opportunity for the charter school to:

(1) Present additional evidence, beyond the data contained in the renewal report, supporting its case for charter renewal;

(2) Describe improvements undertaken or planned for the school; and

(3) Detail the school’s plans for the next charter term.

(e) The renewal application guidance shall include the criteria that will guide the approving authority’s renewal decisions. Renewal determinations by the Department of Education shall be based on its performance framework, the terms set forth in the Charter Contract, and shall take account of the school’s performance agreement with the approving authority, consistent with 14 DE Admin. Code 275, and with 79 Del. Laws, c. 51. Other approving authorities may choose to adopt the criteria utilized by the Department of Education. Each approving authority shall develop a rubric based on its criteria for evaluating renewal applications and shall provide this rubric to applicants as part of the renewal application guidance. The approving authority shall publish the renewal application guidance on its website and make it available in written form upon request.

(f) No later than September 30, the governing board of a charter school seeking renewal shall submit a renewal application to the approving authority pursuant to the renewal application guidance issued by the approving authority. The approving authority shall decide upon the renewal application no later than 60 working days after the filing of the renewal application.

(g) In making charter renewal decisions, every approving authority shall:

(1) Ground its decisions in evidence of the school’s performance over the term of the charter contract in accordance with the performance agreement set forth in the charter contract;

(2) Ensure that data used in making renewal decisions are available to the school and the public; and

(3) Provide a public report summarizing the evidence basis for each decision.
14 Del. C. § 505 — Delaware Code / Title 14 / Chapter 5 / Section 505
§ Â
        505. Exemptions; rules and regulations.
Status: in_force

(a) Except as otherwise specified in this chapter and title, a charter school is exempt from all provisions of this title except the provisions of Chapter 31 of this title, and all regulations of any board of education of a reorganized school district, although a charter school may elect to comply with 1 or more such provisions.

(b) The Department of Education shall have the authority to promulgate rules and regulations that would further define the application, approval criteria and processes.
14 Del. C. § 9139 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9139
§ Â
        9139. Temporary bonds.
Status: in_force

Until bonds in definite form are prepared, the Board may cause temporary bonds with appropriate coupons to be prepared. Temporary bonds must be executed and signed as provided in §§ 9135 through 9138 of this title. Temporary bonds may be exchanged for definitive bonds at the request of the holder.
14 Del. C. § 1335 — Delaware Code / Title 14 / Chapter 13 / Section 1335
§ Â
        1335. Hours per day and per year per salary schedule.
Status: in_force

The annual state salaries contained in this chapter are based upon the following:

Absent an existing collective bargaining agreement to the contrary, district employees who work less than the specified time shall have their annual salary adjusted accordingly. Upon ratification of a new or extension of an existing collective bargaining agreement, the local district shall establish hours and days worked that are consistent with those specified above.
14 Del. C. § 9007A — Delaware Code / Title 14 / Chapter 90A / Section 9007A
§ Â
        9007A. Limitations.
Status: in_force

(a) Nothing in this chapter is intended to contravene or interfere with an academic institution’s responsibilities under Title IX of the Education Amendments of 1972 [20 U.S.C. §  1681 et seq.], the Clery Act [20 U.S.C. §  1092] or any regulations or guidance promulgated thereunder.

(b) A violation of this chapter does not give rise to a private right of action. Nor shall there be a private right of action based on a good faith attempt by any academic institution or responsible employee to comply with the provisions of this chapter.
14 Del. C. § 4802 — Delaware Code / Title 14 / Chapter 48 / Section 4802
§ Â
        4802. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Child-directed” means interaction in which the child is helped to direct and lead play in any way the child wishes unless there is harmful or destructive activity.

(2) “Domain” means a specified sphere of activity or knowledge.

(3) “Early childhood education” includes prekindergarten, kindergarten, and first through second grade in all public schools.

(4) “Early childhood educators” includes administrators, teachers, and other educators of children in prekindergarten, kindergarten, and first through second grade in all public schools.

(5) “Guided play” means a playful learning context in which an experience is initiated and supported by the teacher, is directed by children, and involves a purposeful learning goal.

(6) “Play” or “play-based learning” means a universal, innate, and essential human activity that children engage in for pleasure, enjoyment, and recreation. Play, solitary or social, begins during infancy and develops in increasing complexity through childhood. Play integrates and supports children’s development and learning across cognitive, physical, social, and emotional domains, and across curriculum content. Play can lead to inquiry and discovery and facilitate future learning.

(7) “Professional development” means any of a wide variety of specialized training, formal education, or advanced professional learning intended to help administrators, teachers, and other educators improve their professional knowledge, competence, skill, and effectiveness.

(8) “Reading for pleasure” means reading that is freely chosen or that readers freely and enthusiastically continue after it is assigned.
14 Del. C. § 3908 — Delaware Code / Title 14 / Chapter 39 / Section 3908
§ Â
        3908. Adjustment of benefits.
Status: in_force

(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.

(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969 shall be the monthly pension rate paid in July, 1969.

(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.
14 Del. C. § 3433A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVII / Section 3433A
§ Â
        3433A. Delaware Fostering Independence Through Education Tuition Waiver Program.
Status: in_force

(a) This subchapter establishes the Delaware Fostering Independence Through Education Tuition Waiver Program.

(b) An institution of higher education shall award a fostering independence waiver for undergraduate courses at the institution for each student who is eligible under this section.

(c) To receive a fostering independence waiver under this section, a student must be a current resident of this State, under the age of 26, and meet 1 of the following:

(1) Be eligible for the Delaware Chafee Education and Training Voucher program.

(2) Have 12 or more months in the custody of the Department when the student was between the ages of 14 and 18.

(d) The amount of the waiver is for total eligible costs of attending the institution, less any grants or scholarships the student receives.

(1) The institution of higher education may not apply any loans toward the eligible costs of attendance. Loans may only be applied to costs that exceed the eligible costs of attendance.

(2) Ivyane Davis Scholarships and Chafee Education and Training Vouchers administered by the Office may not be included as grants or scholarships, and must instead be applied to any direct or indirect costs in excess of the waiver.

(e) The waiver covers eligible costs for winter and summer courses if offered by the institution. This includes Delaware State University’s Summer Academy regardless of a student’s admission status.

(f) The waiver covers eligible costs for students whether enrolled full time or part time.

(1) If continuously enrolled full time, the student is eligible for the waiver for up to 5 years, until the student earns a bachelor’s degree, or until the student reaches the age of 26, whichever occurs first.

(2) If at any time the student is enrolled part time, the student is eligible for the waiver until the student reaches the age of 26 or the student earns a bachelor’s degree, whichever occurs first.
14 Del. C. § 1402 — Delaware Code / Title 14 / Chapter 14 / Subchapter I / Section 1402
§ Â
        1402. Formal communications.
Status: in_force

All formal communications between the teacher and the terminating board provided for in this chapter shall be by certified mail, with a return receipt requested.
14 Del. C. § 5502 — Delaware Code / Title 14 / Chapter 55 / Subchapter I / Section 5502
§ Â
        5502. Prospective teachersâ scholarships.
Status: in_force

(a) The General Assembly shall at each biennial session appropriate $20,000, of which $10,000 shall be paid annually to the University for the purpose of establishing scholarships at the University, which shall be awarded to students who desire, upon completion of their studies, to enter the teaching profession and who agree in writing with the scholarships committee provided in subsection (c) of this section to make themselves available as teachers in the public schools of Delaware for a period of at least 1 year after graduation.

(b) The minimum number of such scholarships to be awarded in each year shall be 20.

(c) The committee to award such scholarships shall be 5 in number and shall be composed of 2 members to be selected from the faculty of the University (other than from the School of Education of the University), 1 member to be selected from the Alumni Association of the University and 2 members to be selected from the faculty of the School of Education of the University. The committee shall be appointed by the Board of Trustees of the University. Such appointment shall originally be as follows: Two members shall be appointed for the term of 1 year, 1 member for the term of 2 years, another for the term of 3 years and another for the term of 4 years. Thereafter, as the terms of office of members expire, by death, resignation, removal from the State or otherwise, appointments shall be made for terms of 4 years each.
14 Del. C. § 5301 — Delaware Code / Title 14 / Chapter 53 / Section 5301
§ Â
        5301. School of Education.
Status: in_force

The University may maintain a School of Education which shall have for its object the education of teachers for the public schools of this State.
14 Del. C. § 8607 — Delaware Code / Title 14 / Chapter 86 / Section 8607
§ Â
        8607. Meetings; quorum.
Status: in_force

(a) DACCTE shall schedule no less than 3 meetings per year after regular business hours at locations in each of the 3 counties of this State.

(b) A majority of the voting DACCTE members must be present at a meeting in order to have a quorum and conduct official business. The nonvoting members or a vacant position are not counted for quorum purposes.
14 Del. C. § 1915 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1915
§ Â
        1915. Demand for new election.
Status: in_force

If in any year, not less than 2 months before the date of the regular school election, a number of voters, not fewer than 25 percent of the number of qualified voters of the district, shall demand over their signatures that an election be held, the board of education shall call an election as provided in § 1903 of this title, and the result of such election shall be binding until another election.
14 Del. C. § 508 — Delaware Code / Title 14 / Chapter 5 / Section 508
§ Â
        508. Responsibility for student transportation.
Status: in_force

(a) (1) A charter school may do 1 of the following:

a. Request to have the school district where the charter school is located transport students residing in that district, at fair cost, to and from the charter school on the same basis offered to other students attending schools operated by the district.

b. Receive from the State a payment equal to 70% of the average cost per student of transportation within the vocational district in which the charter school is located and become responsible for the transportation of those students to and from the charter school.

(2) A school district receiving a request under paragraph (a)(1)a. of this section from a charter school may deny the request.

(3) If a school district denies a request under paragraph (a)(2) of this section, the charter school is to receive the payment under paragraph (a)(1)b. of this section.

(b) If a charter school utilizes a contractor for student transportation, the charter school may do any of the following:

(1) Publically bid the transportation routes, either alone or with other local education agencies.

(2) Negotiate a contract for 1 or more years for contractor payment for school transportation up to the maximum rate under subsection (a) of this section.

a. If a transportation contract includes a fuel adjustment provision, the charter school is responsible for increased payments to the contractor.

b. If a transportation contract is for multiple years, all of the following apply:

1. Funding for the contract is guaranteed by state funds for the first year of the contract.

2. Funding for each year after the first year of the contract is a local commitment until the allocation under subsection (a) of this section is determined for that year.

(c) A charter school may choose to offer annual student bus passes under § 2901(c) of this title.

(d) Notwithstanding any provisions under this section, a student at a charter school shall receive such transportation assistance as is made available to students pursuant to a public school choice program established by this Code provided that such student otherwise meets the eligibility requirements for such assistance.

(e) If a charter school chooses to transport students itself, the charter school shall do so in accordance with all public school transportation safety regulations.

(f) Local school districts and charter schools shall cooperate to ensure that the implementation of this chapter does not result in inefficient use of state appropriations for public school transportation and the State Board shall exercise its authority to approve bus routes so as to avoid such waste.
14 Del. C. § 1059 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1059
§ Â
        1059. Hearings.
Status: in_force

A school board may administer and examine persons under oath in any part of the reorganized school district.
14 Del. C. § 1907 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1907
§ Â
        1907. Hours of election.
Status: in_force

For an election under § 1903 of this title, the polls must open at 7:00 a.m. and must close at 8:00 p.m., prevailing local time, on the day advertised.
14 Del. C. § 3402 — Delaware Code / Title 14 / Chapter 34 / Subchapter I / Section 3402
§ Â
        3402. Administration.
Status: repealed

(a) This chapter is administered by the Delaware Higher Education Office, hereinafter referred to as the “Office.”

(b) The Office is authorized to award student financial aid from the programs described in this chapter subject to the limits of appropriations for this purpose.

(c) The Department of Education, through the Office and subject to the approval of the State Board of Education, is authorized to adopt rules and regulations to implement this subchapter and the student assistance programs that it administers.

(d) [Repealed.]

(e) The Office shall inform college financial aid officers and high school counselors within the State of application procedures and deadlines.

(f) Unless otherwise provided, no student is eligible for student assistance programs authorized in this chapter who has not been a resident of the State for at least 12 consecutive months immediately prior to the program application deadline. The place of residence of a student who is dependent on parental financial support is deemed to be the legal residence of the student’s parent or guardian. The place of residence of an independent student is deemed to be the legal residence of the student. Whether a student is considered to be independent is determined on the basis of the federal government’s financial aid independent student definition. No student is deemed to satisfy for the first time the residence requirement of these programs while the student’s principal occupation is that of student in a postsecondary program. Evidence of legal residence in Delaware that is deemed satisfactory to the Office must be provided. Such evidence may include: prior year Delaware income tax return, a valid Delaware driver’s license, a valid Delaware vehicle registration card or other evidence of bona fide residence in Delaware. Delaware residence is considered terminated 12 months after a move from the State.

(g) Unless otherwise provided, awards from the programs authorized in this chapter may be used only at a higher education institution with accreditation from an accrediting agency recognized by the U.S. Department of Education.

(h) Unless otherwise provided, awards from the programs authorized in this chapter are intended for full-time study. The Office may, however, in its discretion, make prorated awards to recipients enrolled less than full-time in specific programs.

(i) By applying to the programs authorized in this chapter, an applicant agrees to release that applicant’s own academic and financial aid records to the Office.

(j) Disbursement of scholarship funds shall be made only to institutions, not to individual recipients, upon receipt of institutional verification that the student’s academic, financial, and enrollment status meet program requirements.

(k) (1) If, at the end of the drop/add period for a term, a recipient has withdrawn from school or otherwise does not qualify for full payment, the following refund policies apply:

a. A student who will not be charged tuition or will receive a full refund of tuition paid is not entitled to receive any portion of the award and the full amount shall be refunded to the Office.

b. A student who will be charged full tuition shall receive the full amount of the award for that term.

c. A student who will be charged a percentage of tuition is entitled to that same percentage of the award, and the balance shall be refunded to the Office.

(2) If a recipient’s school closes, the school must refund the full payment amount to the Office.

(l) The Office may grant leaves of absence to students under circumstances including but not limited to: severe or prolonged illness; family emergency; local, state, or national state of emergency; religious obligation; or to pursue activities directly related to the student’s educational program.

(m) [Repealed.]

(n) Calculation of high school grade point average shall include unweighted grades in a core curriculum defined by the Office.

(o) Calculation of cumulative grade point average in postsecondary coursework shall include grades earned at the most recent postsecondary institution attended.

(p) The number and amount of awards shall be determined annually by the Office, except that awards may not exceed the cost of tuition, mandatory fees, room, board, books and other direct and indirect educational expenses.

(q) The Office shall annually report the number of recipients and the total amount of expenditures made under this chapter for the programs administered by the Office. The report shall be delivered to the General Assembly, the Director and the Librarian of the Division of Legislative Services, Office of Management and Budget, and the Delaware Public Archives. Members of the General Assembly may request the institutions attended by recipients.

(r) The Office is authorized to allocate unused funds among the various programs, with prior approval of the Secretary of Education, the Director of the Office of Management and Budget, and the Controller General, to meet state priorities, achieve program objectives, and respond to student demand.

(s) Unused funds appropriated for these programs in any fiscal year shall be carried forward to the next fiscal year.

(t) The General Assembly shall each year in the Budget Act appropriate a sum to be known as “Scholarships” for the purpose of carrying out the provisions of this chapter. Awards shall be made based on the amount of funds appropriated by the General Assembly and student demand.
14 Del. C. § 8249 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8249
§ Â
        8249. Facilitating information exchange.
Status: in_force

(a) The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of this Compact in accordance with the rules of the Commission, consistent with generally accepted data protection principles.

(b) Notwithstanding any other provision of state law to the contrary, a member state shall agree to provide for the facilitation of all of the following licensee information as required by the rules of the Commission, including any of the following:

(1) Identifying information.

(2) Licensure data.

(3) Adverse actions against a license and information related thereto.

(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law.

(5) Any denial of application for licensure, and the reason or reasons for such denial.

(6) The presence of investigative information.

(7) Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.

(c) Nothing in this Compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.
14 Del. C. § 4020 — Delaware Code / Title 14 / Chapter 40 / Section 4020
§ Â
        4020. Bargaining unit information and access.
Status: in_force

(a) Within 14 calendar days from the date of hire of a bargaining unit employee, a public employer must provide the following contact information of the bargaining unit employee to an exclusive representative in a secure format agreed to by the exclusive representative: name; position; worksite location; employee identification number; home address; home and personal cell phone numbers on file with the public employer; date of hire; and work email address and personal email address on file with the public employer.

(b) In January and October of each year, beginning in January 2026, a public employer must provide to an exclusive representative in a secure format agreed to by the exclusive representative the following information for all bargaining unit employees: name; position; worksite location; employee identification number; home address; home and personal cell phone numbers on file with the public employer; date of hire; and work email address and personal email address on file with the public employer.

(c) A public employer must allow an exclusive representative to communicate with bargaining unit members using the members’ employer-issued email addresses regarding collective bargaining, the administration of collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative, consistent with the employer’s generally applicable technology use policies.

(d) A public employer must allow an exclusive representative to meet with bargaining unit members in facilities owned or leased by the public employer regarding collective bargaining, the administration of collective bargaining agreements, grievances and other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative, provided the use does not interfere with governmental operations. Meetings conducted in government buildings pursuant to this subsection must not be for the purpose of supporting or opposing any candidate for partisan political office or for the purpose of distributing literature or information regarding partisan elections. An exclusive representative conducting a meeting in a government building or other government facility pursuant to this subsection may be charged for maintenance, security, and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity.
14 Del. C. § 2305 — Delaware Code / Title 14 / Chapter 23 / Section 2305
§ Â
        2305. Sidewalks.
Status: in_force

(a) The engineering, maintenance and construction supervision for sidewalks leading to a school site shall be performed for the district by the State Highway Department except for snow removal. Such sidewalks may be located on land or rights-of-way under the control of the State Highway Department or on other land or rights-of-way provided for such purpose.

(b) Sidewalks financed by issuance of bonds by a school board may be constructed only after the need for such sidewalks is ascertained by the school board by careful examination of transportation facilities in the district and the project has been approved by the State Highway Department and the Department of Education.

(c) When considering granting approval for sidewalk construction, the local board and State Department of Education shall take into consideration the current rule governing permanent free bus transportation and shall make sure there is no overlapping. Both shall also consider frequency of exposure to traffic hazards and the possible existence of mechanical hazards. The procedure prescribed by § 2106 of this title must be fulfilled.
14 Del. C. § 3462 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3462
§ Â
        3462. Ada Leigh Soles Memorial Professional Librarian and Archivist Scholarship.
Status: in_force

(a) Purpose. —

It is the intent and purpose of this scholarship to enable and encourage academically-talented Delawareans to pursue careers as librarians and archivists in Delaware.

(b) Administration. —

(1) This scholarship is administered by the Delaware Division of Libraries.

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

(c) Awards. —

(1) Awards shall be provided for graduate education in master’s degree programs of library and information studies that are accredited by the American Library Association. Preference shall be given to persons currently employed by a Delaware public library, county department of libraries, public school library or state agency library, a member library of the Delaware Library Consortium, or archive.

(2) Awards may also be provided for a course of study leading to a bachelor’s degree prior to the master’s degree and/or a doctoral degree following the master’s degree. Awards shall be limited to persons who have been employed at a Delaware public library, county department of libraries, public school library, a member library of the Delaware Library Consortium, or state agency library or archive for a minimum of 2 years.

(3) Selection criteria may include consideration of community service, academic achievement, and financial need.

(d) Renewal. —

(1) 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 Division of Libraries and communicated in writing to the recipient at the time the initial award is granted. 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.

(2) Recipients of incentive loans under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program awarded prior to July 1, 2022, are eligible to renew their award as provided in § 3417 of this title. The Division of Libraries will determine whether such recipient is eligible to renew an award.
14 Del. C. § 3432A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVII / Section 3432A
§ Â
        3432A. Definitions.
Status: in_force

As used in this subchapter:

(1) “Department” means the Department of Services for Children, Youth & Their Families.

(2) “Eligible costs” means tuition and all mandatory fees relating to attendance at the institution. Where the institution offers room and board to its students, eligible costs include on-campus housing and a standard meal plan, which shall be made available to waiver recipients year-round, so long as the waiver recipient is registered for a sufficient number of credits in the spring and fall semesters to be eligible for on-campus housing.

(3) “Fostering independence waiver” or “waiver” means a waiver of tuition under the Program.

(4) “Institution of higher education” or “institution” means University of Delaware, Delaware State University, and Delaware Technical and Community College.

(5) “Office” means the Office of the Child Advocate.

(6) “Program” means the Delaware Fostering Independence Through Education Tuition Waiver Program established by this subchapter.
14 Del. C. § 4137 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4137
§ Â
        4137. Alternative service models for school breakfast.
Status: in_force

(a) Purpose. —

The purpose of allowing for alternative service models for school breakfast is:

(1) To increase the total number of public school, excluding charter school, students eating breakfast on school days;

(2) To help improve the academic performance of these students; and

(3) To improve the overall health of these students in the State.

(b) Definitions. —

For the purposes of this section:

(1) “Alternative service model” means breakfast meal service that may include 1 or more of the following:

a. Breakfast in the Classroom.

b. Grab-and-Go Breakfast.

c. Second-Chance Breakfast.

(2) “Breakfast in the Classroom” means that breakfast meals are eaten in the classroom at the start of the school day. A breakfast meal can either be delivered to the classroom or be served from the cafeteria or a cart or kiosk placed within the school, the cafeteria, or another location deemed appropriate by the school.

(3) “Community eligibility provision” means a provision from the Healthy, Hunger-Free Kids Act of 2010 [P.L. 111-296] that allows schools and local education agencies with high poverty rates to provide a breakfast and lunch to all students at no cost.

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

(5) “Free claiming percentage rate”, for the purposes of this program, means the identified student percentage of a school multiplied by a factor of 1.6.

(6) “Grab-and-Go Breakfast” means that students are able to access a breakfast meal from a cart or kiosk placed within the school, the cafeteria or another location deemed appropriate by the school.

(7) “Identified student percentage” means the number of students in a school directly certified for free meals (any student in a household receiving Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) plus any student identified as homeless, foster, migrant or runaway) between the period of July 1 through April 1 annually.

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

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

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

(11) “Second-Chance Breakfast” means that students are offered the opportunity to obtain a breakfast meal at a time prior to the beginning of second period.

(c) The Program. —

Beginning in school year 2017-2018, every public school site, including charter school sites, participating in the community eligibility provision, shall be required to offer a breakfast at no cost to every student in the school through an alternative service model, which may be in addition to their traditional breakfast meal service.

(d) Administration. —

The Department may promulgate regulations regarding the implementation of this section.
14 Del. C. § 8231 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8231
§ Â
        8231. Effectuation, withdrawal, and amendment.
Status: in_force

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state.

(1) On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the Charter member states to determine if the statute enacted by each such Charter member state is materially different from the model Compact statute.

(2) A Charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in § 8230 of this title.

(3) Member states enacting the Compact subsequent to the Charter member states shall be subject to the process set forth in § 8227(c)(20) of this title to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

(b) If any member state is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than 10.

(c) Any State that joins the Compact after the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state, as the rules and bylaws may be amended as provided in this Compact.

(d) Any member state may withdraw from this Compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
14 Del. C. § 2701 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2701
§ Â
        2701. Free public schools.
Status: in_force

Subject to other provisions of this title, all the public schools of this State shall be free to all children who are residents of the State and who are of the ages required or authorized for attendance in a public school.
14 Del. C. § 2707 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2707
§ Â
        2707. Religious holidays.
Status: in_force

(a) A pupil’s absence from school for the observance of a religious holiday is a necessary and excused absence.

(b) A list of religious holidays on which a pupil’s absence shall be excused shall be created by the Secretary of Education and placed in regulation. The list of approved religious holidays is not a limit on the power of school districts or charter schools to excuse absence on any other day for the purpose of religious or cultural observance.

(c) A signed, written excuse from the pupil’s parent or guardian is required in order to excuse an absence under this section.

(d) A pupil of any public school, who is absent by reason of observance of a religious holiday, may not be deprived of any award or eligibility or opportunity to compete for any award.

(e) School districts and charter schools must have a policy discouraging teachers from scheduling major grading events, such as tests, examinations, presentations, or project due dates on religious holidays. A pupil who misses a grading event due to excused absence for observance of a religious holiday must be allowed the opportunity to take an alternate test or given some other means to recover credit.
14 Del. C. § 1923 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1923
§ Â
        1923. Payment of interest upon local school funds on deposit.
Status: in_force

(a) The State Treasurer shall credit to the account of each local school district that has funds on deposit with the State Treasurer such amount of interest as determined by this section upon such funds. The rate of interest applied shall be based upon net interest earned and calculated under guidelines established by the Cash Management Policy Board.

(b) On or before the last day of each month, the State Treasurer shall credit the operating and debt service accounts respectively of each school district’s operating and debt service funds with interest on the average balances in operating and debt service funds for the preceding month. The amount of interest due shall be calculated upon the average daily account balances determined by the respective financial activity reports of the Department of Finance.

(c) On or before the last day of each month, the State Treasurer shall credit the debt service account of each local school district’s construction fund with interest on the average balance of that proportion of the construction account contributed by the local school district. The amount of interest due shall be calculated upon the average daily account balances determined by the respective financial activity reports of the Department of Finance.
14 Del. C. § 4004 — Delaware Code / Title 14 / Chapter 40 / Section 4004
§ Â
        4004. Employee organization as exclusive representative.
Status: in_force

(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in the unit for such purpose and shall have the duty to represent all unit employees without discrimination. Where an exclusive representative has been certified, a public school employer shall not bargain in regard to matters covered by this chapter with any employee, group of employees or other employee organization.

(b) Nothing contained in this section shall prevent employees individually, or as a group, from presenting complaints to a public school employer and from having such complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part, as long as the representative is given an opportunity to be present at such adjustment and to make its view known, and as long as the adjustment is not inconsistent with the terms of an agreement between the public school employer and the exclusive representative which is then in effect. The right of the exclusive representative shall not apply where the complaint involves matters of personal, embarrassing and confidential nature, and the complainant specifically requests, in writing, that the exclusive representative not be present.

(c) Any employee organization which has been certified as an exclusive representative shall have the right to have its dues deducted and collected by the employer from the salaries of those employees, within the bargaining unit, who authorize, in writing, the deduction of said dues. Such authorization is revocable at the employee’s written request, provided that said revocation shall not be effective until the next ensuing August 31 after the employer’s receipt of the written notice. Said deductions shall commence upon the exclusive representative’s written request to the employer. Such right to deduction shall be in force for so long as the employee organization remains the exclusive bargaining representative for the employees in the unit. The public school employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments levied on members by the exclusive representative.
14 Del. C. § 3904 — Delaware Code / Title 14 / Chapter 39 / Section 3904
§ Â
        3904. Application for benefits.
Status: in_force

Persons qualified to receive any nondisability retirement benefits under this chapter shall make application therefor to the Department of Finance.

Persons qualified to receive any disability pension benefits under this chapter shall make application therefor to the Board of Pension Trustees.
14 Del. C. § 188 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 188
§ Â
        188. Restriction of certificate to fields indicated in application; supplementary applications.
Status: in_force

A person’s certificate of approval is restricted to the courses, programs of courses, and programs that lead to a certificate or degree that are specified in the person’s application for the certificate of approval. The holder of a certificate of approval must submit a supplemental application to the Department for approval of additional courses, programs of courses, and programs that lead to a certificate or degree it desires to offer during the effective period of the certificate of approval.
14 Del. C. § 1802 — Delaware Code / Title 14 / Chapter 18 / Subchapter I / Section 1802
§ Â
        1802. Financial Recovery Team.
Status: in_force

Upon the recommendation of the Secretary of Education (“Secretary”) that a school district or charter school is in financial distress as provided in paragraph (1) of this section, the Director of the Office of Management and Budget (“Director”), with the consent of the Controller General, may appoint a Financial Recovery Team (“Team”), and the Department of Education is hereby authorized to secure technical assistance and other resources as necessary to ensure the effective operations of the Team.

(1) For the purposes of this section a local school district or charter school shall be considered in financial distress when 1 or more of the following criteria are met:

a. The district financial position report required to be submitted on May 1, pursuant to § 1507(a) of this title, projects less than 1 month’s carryover; or

b. It is projected at any time during the course of the fiscal year that local payroll expenses will exceed projected local revenues; or

c. The charter school has been placed on formal review based, at least in part, on concerns regarding the charter school’s finances; or

d. Whenever a school district or charter school projects that it cannot fund 1 or more scheduled payroll disbursements.

(2) During any period of time when it is determined that a school district or charter school is in financial distress, the Financial Recovery Team shall be empowered to exercise, subject to the approval of the Secretary, control over the expenditure of funds appropriated to a school district or charter school as deemed necessary by the members of the Team. Control shall include, without limiting the foregoing, the right to approve the school district’s or charter school’s annual budget and any subsequent material amendment thereto, the right to approve district tax rates, the right to request drawdown of state financial assistance if applicable, the right to approve financial reporting to the local board of education or charter school board, the right to approve accounting policies, procedures and reports, the right to require a Financial Responsibility Committee be established by the local school board or charter school comprised of 1 or more members of the said board and/or residents of the district or, in the case of a charter school, parents of students attending the school. The Committee shall examine and report on the financial status of the district or charter school and shall have the right to pre-approve any obligation or contract that would require the expenditure of funds by the school district or charter school. Notwithstanding any provision of either this Code or any applicable rule or regulation to the contrary, the authority extended under this section shall apply to the expenditure of all funds received by a school district or charter school.

(3) The Financial Recovery Team shall report at least monthly to the Governor, the General Assembly, Director and the Controller General regarding the district’s or charter school’s current and projected financial position.

(4) The district or charter school shall reimburse the State for all salary and related costs of the Financial Recovery Team.

(5) Upon the recommendation of the Secretary that a school district or charter school is no longer in financial distress as defined in this section, the Director, with the consent of the Controller General, may elect to remove the members of the Financial Recovery Team.
14 Del. C. § 1051 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1051
§ Â
        1051. Election of school board members; exceptions.
Status: repealed

(a) School board members shall be elected by the qualified voters of the respective reorganized school districts, except as may otherwise be provided by §§ 1061, 1062 [repealed], 1063 [repealed], 1064, 1065 and 1066 of this title.

(b) No person shall be elected or serve as a school board member who holds a paid position which is subject to the rules and regulations of such school board.
14 Del. C. § 4011 — Delaware Code / Title 14 / Chapter 40 / Section 4011
§ Â
        4011. Determination and certification of exclusive representative.
Status: in_force

(a) Any employee organization seeking certification as exclusive representative in a designated appropriate bargaining unit shall file a petition with the Board. The petition must contain the uncoerced signatures of at least 30% of the employees within the designated appropriate bargaining unit. If the designated appropriate bargaining unit is sufficiently similar to the bargaining unit claimed to be appropriate in the petition filed pursuant to § 4010(a) of this title, such that the signatures submitted at that time represent at least 30% of the employees within the designated appropriate bargaining unit, those signatures shall be deemed sufficient for the purpose of this subsection. If the designated bargaining unit is not sufficiently similar to the bargaining unit claimed to be appropriate, the employee organization may continue to rely on the previously submitted uncoerced signatures of the employees who are in the designated bargaining unit and must supplement these signatures with uncoerced signatures of other employees within the designated appropriate bargaining unit, such that the signatures submitted represent at least 30% of the employees within the designated appropriate bargaining unit. No signature shall be considered valid if it was signed more than 12 months prior to the date on which the petition is filed.

(b) Where an employee organization has been certified as the exclusive representative, a group of employees within the bargaining unit may file a petition with the Board for decertification of the exclusive bargaining representative. The petition must contain the uncoerced signatures of at least 30% of the employees within the bargaining unit and allege that the employee organization presently certified is no longer the choice of the majority of the employees in the bargaining unit. If a lawful collective bargaining agreement of no more than 3 years’ duration is in effect, no petition shall be entertained unless filed not more than 180 days nor less than 120 days prior to the expiration of such agreement. A decertification petition also may be filed if more than 1 year has elapsed from the date of certification of an exclusive bargaining representative and no collective bargaining agreement has been executed.

(c) If the Board determines that a petition is properly supported, timely filed and covers the designated appropriate bargaining unit, the Board shall cause an election of all eligible employees to be held within a reasonable time after the unit determination has been made, in accordance with procedures adopted by the Board, to determine if and by whom the employees wish to be represented. The election ballot shall contain, as choices to be made by the voter, the name of the petitioning or certified employee organization, the name or names of any other employee organization showing written proof of at least 10% representation of the public school employees within the designated appropriate bargaining unit, in accordance with rules and procedures adopted by the Board, and a choice that the public school employee does not desire to be represented by any of the named employee organization or organizations.

(d) The employee organization, if any, which receives the majority of the votes cast in an election shall be certified by the Board as the exclusive representative. In any election where there are more than 2 choices on the ballot and none of the choices receives a majority of the votes cast, a run-off election shall be conducted. The ballot in the run-off election shall contain the 2 choices on the original ballot that received the largest number of votes.

(e) No election shall be held pursuant to this section within 12 months from the date of a preceding valid election.
14 Del. C. § 8605 — Delaware Code / Title 14 / Chapter 86 / Section 8605
§ Â
        8605. Member reimbursement.
Status: in_force

Members serve without pay and may be reimbursed for travel in connection with their responsibilities.
14 Del. C. § 3478 — Delaware Code / Title 14 / Chapter 34 / Subchapter X / Section 3478
§ Â
        3478. Fees.
Status: in_force

The Boards of Trustees of the University of Delaware, Delaware State University, and Delaware Technical and Community College are hereby authorized and directed to establish, by not later than the fall quarter of 1986, a program whereby citizens of this State who are 60 years of age or older, and who are formal degree candidates, may attend classes for credit or audit without payment of application, course registration or other related fees. Persons enrolled in such program shall be required to pay the cost of all books, supplies, laboratory fees and shop fees.
14 Del. C. § 1719 — Delaware Code / Title 14 / Chapter 17 / Section 1719
§ Â
        1719. Adjustment of appropriations.
Status: in_force

In the event that the aggregate appropriations for Division I, II or III, or any other unit-driven appropriation, are insufficient to cover the total number of units certified pursuant to § 1710 of this title, the Department of Education shall transfer sufficient funding from its Growth and Upgrade General Contingency Fund and/or such other sources as the Director of the Office of Management and Budget may approve, to the school districts in order that all duly certified units are adequately funded. The Department retains the authority to require reimbursement of unit-driven funds from districts to the State that are caused by a district’s inaccurate reporting of pupil enrollments.
14 Del. C. § 1401 — Delaware Code / Title 14 / Chapter 14 / Subchapter I / Section 1401
§ Â
        1401. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” means a board of education of a reorganized school district.

(2) “Teacher” means any certificated professional employee of a public school district. It shall not include a person employed as assistant principal, principal, supervisor, administrative assistant, director, assistant superintendent or superintendent; except that any such person who has completed 3 years of service in the State, 2 years of which shall have been in the employ of the same board, may at that person’s own option elect to be assigned as a teacher in the employ of said board.
14 Del. C. § 3512 — Delaware Code / Title 14 / Chapter 35 / Section 3512
§ Â
        3512. Penalty for failure to attend.
Status: in_force

All of the penalties provided in Chapter 27 of this title are made applicable in requiring the attendance of minors under the age of 16 years subject to this chapter upon a part-time school or class.
14 Del. C. § 3413 — Delaware Code / Title 14 / Chapter 34 / Subchapter II / Section 3413
§ Â
        3413. Scholarships [Transferred].
Status: in_force

Transferred to § 3411 of this title by 83 Del. Laws, c. 413, § 1, effective July 1, 2022.
14 Del. C. § 185 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 185
§ Â
        185. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Accrediting agency” means an accrediting agency that is recognized by the United States Secretary of Education as a reliable authority concerning the quality of education or training offered by the postsecondary institutions or programs the agency accredits.

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

(3) “Institution” means a postsecondary institution as defined in this section or a private business and trade school as defined in Chapter 85 of this title.

(4) “Postsecondary institution” means a person, as defined in § 302 of Title 1, that offers postsecondary courses, postsecondary programs of courses, or postsecondary programs that lead to a certificate or degree in the State. The term does not include institutions that are established by Delaware law. or private business and trade schools under Chapter 85 of this title, except as otherwise provided in this subchapter.

(5) “Secretary” means the Secretary of Education.

(6) “Teach-out plan” means a written plan developed by an institution that provides for the equitable treatment of students if the institution ceases to operate before all students have completed their program of study. Such plan may include, if required by the institution’s accrediting agency, a teach-out agreement between institutions.
14 Del. C. § 8229 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8229
§ Â
        8229. Facilitating information exchange.
Status: in_force

(a) The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of this Compact in accordance with the rules of the Commission, consistent with generally accepted data protection principles.

(b) Nothing in this Compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.
14 Del. C. § 3132 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3132
§ Â
        3132. Educational surrogate parents and educational representatives.
Status: in_force

(a) Educational surrogate parents. —

The Department with the approval of the State Board of Education shall establish and maintain procedures to protect the rights of a child with a disability whenever the parents of the child are not known, unavailable or the child is a ward of the State, or an unaccompanied homeless youth as defined in § 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(6)), including the assignment of an individual, who shall not be an employee of any public agency involved in the education or care of the child, to act as an educational surrogate parent for the child. The educational surrogate parent shall exercise and be accorded all rights of a parent to assure the provision of a free, appropriate, public education to the child.

(b) Educational representatives. —

The Department of Education, with the approval of the State Board of Education, shall establish and maintain procedures, by regulation, to assure that children with disabilities who have reached age 18 have an identified decision-maker, which may be the child with a disability, to exercise rights under this chapter. Such regulations shall be developed in consultation with the Governor’s Advisory Council for Exceptional Citizens and incorporate the following minimum standards, including a timeline to review the need for an educational representative.

(1) A child with a disability without a court-appointed guardian of the person shall be presumed to have capacity and be accorded the rights of a parent upon attainment of age 18.

(2) A child with a disability with capacity may authorize an agent to exercise rights through execution of a power of attorney or a standard voluntary grant of authority form published by the Department.

(3) The determination of capacity shall be made by the Individualized Education Program (IEP) team during an IEP meeting and shall conform to the following standards:

a. In cases where capacity is uncertain, a school psychologist familiar with the child must attend the initial meeting. For purposes of this section, the term “familiar with the child” means the school psychologist has conducted a recent in-person evaluation of the child which conforms to evaluation procedures established by Department regulations.

b. The child with a disability and parent, as defined in § 3101(7) of this title, must be invited to participate in the meeting regardless of whether the child has already attained the age of 18.

c. The IEP team may consider information from sources apart from school personnel and may authorize evaluation if necessary to inform its deliberations.

d. If information is ambiguous, any benefit of the doubt shall be exercised in favor of a finding of capacity.

(4) If the IEP team determines that the child lacks capacity, the IEP team shall appoint an individual to serve as an educational representative in the following descending order of priority:

a. Willing and available biological or adoptive parent;

b. Willing and available relative.

If such an individual is not identified, the IEP team shall promptly facilitate a referral to the Department for appointment of an educational surrogate parent. An appointed educational representative shall have the same authority as a parent under § 3101(7) of this title.

(5) If a child with a disability or parent disagrees with the capacity determination, either may contest the determination by pursuing dispute resolution options described in the procedural safeguards of this chapter or its implementing regulations regardless of the child’s attainment of age 18.

(6) The capacity determination is limited to exercise of rights under this chapter and its implementing regulations and shall not affect exercise of rights in any other context. In furtherance of this limitation, any other statute notwithstanding, the capacity determination shall not be admissible as evidence of competency or capacity in any noneducational judicial or administrative proceeding.
14 Del. C. § 2735 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2735
§ Â
        2735. Special procedure for expungement of truancy records.
Status: in_force

(a) At the time that a case is closed because there has been compliance with all Family Court or Justice of the Peace Court orders issued pursuant to this subchapter, the following shall be automatically expunged:

(1) Any records of charges against or the conviction of a parent or guardian for failure to send; or

(2) Any records of the charges or adjudication of truancy against a student.

(b) In any case which was closed because there was compliance with all Family Court or Justice of the Peace Court orders and the automatic expungement required by subsection (a) of this section did not occur either due to error or omission on the part of the court or the prosecuting agency or because such expungement was not authorized at the time the case was closed, the court that issued the order shall grant such expungement upon motion of a parent, guardian or student. There shall be no filing fee for such applications.

(c) Following the closing of a case for any reason other than compliance with all Family Court or Justice of the Peace Court orders, the records listed in subsection (a) of this section may only be expunged upon application to the court that issued the order. That court may, in its discretion, grant or deny the request or make the granting of such request subject to such reasonable terms and conditions as may be appropriate. The civil filing fee shall apply to such applications.

(d) Upon either the automatic expungement of records or the issuance of an order expunging truancy records:

(1) The State Bureau of Identification shall take all necessary steps to ensure that the expunged records or the information contained therein is not released for any reason except as specified in this section. In response to requests from persons other than law-enforcement officers for such information or records, the State Bureau of Identification, law-enforcement officers or Truancy Court officials in the course of another truancy case involving the same parent or child and departments shall reply that there is no record.

(2) Except for the disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or to Truancy Court officials in the course of another truancy case involving the same parent or child, it shall be unlawful for any person having or acquiring access to an expunged truancy record to open or review it or to disclose to another person any information from it without a court order.

(3) Disclosure to law-enforcement officers shall be permitted only for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect and the crime being investigated is a felony or, with regard to records of parents or guardians for failure to send, pursuant to an investigation of an employment application as an employee of a law-enforcement agency.

(4) Nothing herein shall require the destruction or deletion of records of the Department of Justice, DELJIS or court records, including electronic records. However, all court DELJIS and Department of Justice records relating to a charge or case which has been expunged shall be so handled as to ensure that any information contained therein shall not be disclosed to the public.

(5) An offense for which records have been expunged pursuant to this section shall not have to be disclosed by the person for any reason.

(6) Any person who violates paragraph (d)(2) of this section shall be guilty of a class B misdemeanor, and shall be punished accordingly.
14 Del. C. § 8303 — Delaware Code / Title 14 / Chapter 83 / Section 8303
§ Â
        8303. Eye protection devices standards.
Status: in_force

Eye protection devices, which shall include safety spectacles, plastic face shields or goggles, shall comply with the American Standards Association Safety Code for Head, Eye and Respiratory Protection.
14 Del. C. § 4123C — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4123C
§ Â
        4123C. Personal body safety and child sexual abuse awareness and prevention.
Status: in_force

[Transferred to § 4163 of this title by 81 Del. Laws, c. 122, § 4.]
14 Del. C. § 5522 — Delaware Code / Title 14 / Chapter 55 / Subchapter II / Section 5522
§ Â
        5522. Application; grants; duration.
Status: in_force

Each applicant for aid shall provide on forms supplied by the University, biographical information, a financial budget and a parents’ financial statement. Financial grants shall not be for any fixed amount per student and grants shall be made available to students who are qualified to matriculate or to continue their courses of study solely upon the basis of economic need. All grants shall be for 1 year or for 1 semester and may be renewed if a qualified student reapplies in the same manner required for an initial request for assistance.
14 Del. C. § 8507 — Delaware Code / Title 14 / Chapter 85 / Section 8507
§ Â
        8507. Restriction of certificate to fields indicated in application; supplementary applications.
Status: in_force

Any certificate of approval issued shall be restricted to the fields or courses specifically indicated in the application for a certificate of approval. The holder of a certificate shall present a supplementary application, as may be directed by the Department for approval of additional fields or courses, in which it is desired to offer instruction during the effective period of the certificate of approval.
14 Del. C. § 1080 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1080
§ Â
        1080. Method of voting.
Status: in_force

(a) For the election of school board members, a voter shall not vote for more candidates than there are school board memberships to be filled in the election. If only 1 school board member is to be elected, a voter shall vote for only 1 candidate. The voter shall place a mark in the square after the name of the candidate or candidates for whom the voter desires to vote, or, in the case where a voting machine is used, take the appropriate action on the machine as described in the posted instructions for the operation of said machine.

(b) For the consolidation, division or change of boundaries of a reorganized school district, the voter shall place a mark in the square after the item that expresses that voter’s choice, or, in the case where a voting machine is used, take the appropriate action on the voting machine as described in the posted instructions for the operation of said machine.

(c) The voter expresses the voter’s own intent on an absentee ballot as follows:

(1) Making a distinct mark in the square provided to the right of the name of the candidate or response to a question.

(2) If the voter indicates the voter’s own choice in a manner other than the manner specified in paragraph (c)(1) of this section the election officers shall attempt to determine the intent of the voter. If it is not possible to determine a voter’s choice for an office or response to a question, the ballot shall not be counted for that office or question but shall be counted for all other offices and questions on the ballot where the voter’s intent can be determined.

(3) If a ballot is marked for more names or responses than are permitted, it shall not be counted for that office or question but shall be counted for all other offices or questions on the ballot.

(4) If a ballot has been defaced or torn by a voter so that it is impossible to determine the voters choice for 1 or more offices or questions, it shall not be counted for such offices or questions but shall be counted for all other offices and questions on the ballot.
14 Del. C. § 3413A — Delaware Code / Title 14 / Chapter 34 / Subchapter XV / Section 3413A
§ Â
        3413A. Grant awards/operations.
Status: in_force

The 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. Grant awards shall not exceed the available appropriation for each fiscal year. Grant awards shall be disbursed as follows:

Beginning with the 2021-2022 academic year, tuition assistance shall be provided to qualifying applicants in an amount equal to the following:

(1) A recipient shall receive a grant for tuition assistance that shall be equal to full in-state tuition at the institution.

(2) Inspire grants are renewable, provided that the recipient meets eligibility requirements in § 3414A of this title..

(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. § 307 — Delaware Code / Title 14 / Chapter 3 / Section 307
§ Â
        307. Chair; administration.
Status: in_force

(a) The Board shall elect annually from its members a chair, vice-chair, and, as the Board deems necessary, other officers. In the event of a vacancy in 1 of the officers, the Board shall elect a replacement at its next meeting or a meeting called for that purpose.

(b) The Board shall select for hire an Executive Director to work in collaboration with the Department. The Executive Director is an employee of the Department and receives compensation commensurate with the Department salary scale at the director level.

(c) The Department shall provide an administrative assistant or equivalent to staff the Association. The administrative assistant shall receive compensation commensurate with the Department salary scales and be evaluated according to Department policies and procedures. The Department shall provide other staff to the Association as provided in the budget.

(d) The Executive Director must become a bona fide resident of the State within 6 months following the Executive Director’s date of hire.
14 Del. C. § 1318A — Delaware Code / Title 14 / Chapter 13 / Section 1318A
§ Â
        1318A. Donated leave program.
Status: in_force

(a) For purposes of this section:

(1) “Catastrophic illness” means any illness or injury to an employee or an employee’s family member which is diagnosed by a physician and certified by the physician as rendering the employee or employee’s family member unable to work, or, in the case of a family member who does not work, the medical equivalent of “unable to work,” for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related illness or injury and occurring within any 12-month consecutive period, are considered the same period of disability.

(2) “Child” means an immediate descendant by blood or adoption and of any age.

(3) “Donated leave program” means a program that meets all of the following:

a. Is one in which 1 or more employees of a public school district may transfer accrued, unused sick leave days to 1 or more other employees of the same public school district.

b. Is established by the public school district as a local Board of Education policy or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of this title.

c. Is consistent with the provisions set forth in subsection (b) of this section.

(4) “Family member” means an employee’s spouse, child, or parent who resides with the employee and who requires the personal attendance of the employee during the spouse’s, child’s, or parent’s catastrophic illness.

(b) Any donated leave program must comply with all of the following requirements:

(1) Employees wishing to donate accrued sick leave must donate in increments of whole days.

(2) Donated days are available only for recipients within the public school district for a catastrophic illness of a recipient or a recipient’s family member.

a. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the recipient’s catastrophic illness as certified by the physician.

b. Paragraph (b)(2)a. of this section is limited to an absence that occurs because of a recipient’s catastrophic illness not a family member’s catastrophic illness.

(3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor’s rate of pay, shall re-convert the cash value to hours of leave at the recipient’s rate of pay, and shall then credit the recipient’s account.

(4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before that employee is eligible for donated leave time.

(5) a. Except as provided in paragraph (b)(5)b. of this section, when the donated leave is for the catastrophic illness of a recipient, the recipient must have used all of the recipient’s own sick days and personal days and half of the recipient’s annual leave, where applicable. Except as provided in paragraph(b)(5)b. of this section, when the donated leave is for the catastrophic illness of a family member, the recipient must have used all of the recipient’s own sick days, personal days, and annual leave.

b. If a recipient is not eligible for annual leave, the recipient must have used all of the recipient’s personal days and all but 3 of the recipient’s sick days.

(6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence.

(7) No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this section.

(8) The liability of the State under this program shall be limited to paying the state share of salary, benefits and other employment costs paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of this title, if applicable.

(9) Any recipient of this program is subject to a 1-work-year cap with the number of days equal to 188 days for a 10-month employee; 207 days for 11-month employees; and 222 days for a 12-month employee.

(10) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy.

(11) Not prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit.

(c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of § 5956 of Title 29.

(d) Donated leave received by an employee of a public school district under this section is to run concurrently with any leave available under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
14 Del. C. § 2122 — Delaware Code / Title 14 / Chapter 21 / Section 2122
§ Â
        2122. Election to authorize bond issue; rules governing; referendum to transfer tax funds.
Status: in_force

(a) Before any school board issues bonds under this chapter, it shall call a special election.

(b) At any such special election every person qualified to vote under § 1077 of this title may vote, and §§ 1078 and 1085 of this title shall apply to such election.

(c) The polls must open at 7:00 a.m. and must close at 8:00 p.m., prevailing local time, on the day advertised.

(d) An election under this chapter for the purpose of authorizing a bond issue shall be conducted by use of voting machines. The wording on the voting machine shall include a statement of the question which accurately reflects the issue being voted for and against.

(e) An election under this chapter for the purpose of increasing the real estate tax rate under Chapter 19 of this title, while simultaneously decreasing the real estate tax rate under this chapter by the same amount, shall be by the use of voting machines. The wording on the voting machine shall include a statement of the question which accurately reflects the issue being voted for and against.

(f) There shall be not more than 2 such special elections held during any 12-month period.

(g) The Department of Elections conducting the election shall provide a sufficient number of voting machines necessary to carry out the election hereunder, and the cost of transportation of the voting machines and other necessary charges for use of the voting machines shall be borne by that Department of Elections.
14 Del. C. § 1308 — Delaware Code / Title 14 / Chapter 13 / Section 1308
§ Â
        1308. Salary schedules for administrative secretaries, financial secretaries, senior secretaries, secretaries and clerks [For application of this section, see 85 Del. Laws, c. 62, Ââ8(m)(6)].
Status: repealed

(a) Each administrative assistant I, II, and III who works and is paid for 12 months per year shall be paid in accordance with the following schedule:

(b) For purposes of implementing the salary schedule contained in subsection (a) of this section, the 18-year step on the salary schedule is effective for administrative secretaries on July 1, 1989; the 19-year step will be effective for the fiscal year beginning July 1, 1990; and the 20-year step will be effective for the fiscal year beginning July 1, 1991. The 17-year step is effective for clerks, secretaries, senior secretaries, and financial secretaries on July 1, 1989; the 18-year step will be effective for the fiscal year beginning July 1, 1990; the 19-year step will be effective for the fiscal year beginning July 1, 1991; and the 20-year step will be effective for the fiscal year beginning July 1, 1992. In accordance with classification changes effective July 1, 2024, for purposes of this section, administrative secretary is equivalent to administrative assistant III, senior secretary and financial secretary are equivalent to administrative assistant II; and clerk and secretary are equivalent to administrative assistant I.

(c) One twelfth of the salary rate set forth under subsection (a) of this section shall be deducted for each month that the employee is not employed.

(d) These same classifications and pay rates shall apply to the Department of Education, except that the Department shall be authorized to revise the schedule annually to enable the Department to pay salary supplements up to the equivalent of the average of the 3 highest salaries for like positions paid by school districts.

(e) During the fiscal year beginning July 1, 1972, a reorganized school district may employ personnel to be paid pursuant to this section in a number equal to 1 of each full 10 state units of pupils for the first 100 such full state units of pupils and 1 additional for each additional full 12 state units of pupils.

(f) The total number of secretarial employees to which a reorganized school district is entitled shall be as specified in subsection (e) of this section, but the number that may be assigned to each classification beginning July 1, 1989, shall be according to the following and in the order specified:

(1) Up to 8 percent of the total administrative assistant allocation in each district or a minimum of 2 positions per district, whichever is larger, may be assigned as “administrative assistant III.”

(2) Up to 40 percent of the total administrative assistant allocation in each district or a minimum of 3 per district plus 1 for each school enrolling 15 or more units of pupils, whichever is greater, may be classified as “administrative assistant II.”

(3) [Repealed.]

(4) The balance of the total administrative assistant allocation in each district shall be classified as “administrative assistant I.”
14 Del. C. § 1608 — Delaware Code / Title 14 / Chapter 16 / Section 1608
§ Â
        1608. Referral to mental or behavioral health specialist.
Status: in_force

After a student’s second unduplicated infraction resulting in an out-of-school suspension, in a semester, the student must be referred to a school-based mental or behavioral health specialist.
14 Del. C. § 2805 — Delaware Code / Title 14 / Chapter 28 / Section 2805
§ Â
        2805. Special provisions.
Status: repealed

Repealed by 72 Del. Laws, c. 6, § 4, effective Feb. 8, 1999.
14 Del. C. § 4116A — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4116A
§ Â
        4116A. Mental health educational programs.
Status: in_force

(a) For purposes of this section:

(1) “Charter school” means as defined under § 4161 of this title.

(2) “Contracted school year” means the period defined under § 1305(e) of this title.

(3) “Grade” means kindergarten through grade 12.

(4) “School district” means as defined under § 4161 of this title.

(b) The Department of Education, with the approval of the State Board of Education, shall establish and implement statewide mental health educational programs for each grade in each school district and charter school in this State.

(c) The statewide mental health education programs established and implemented under this section must meet all of the following:

(1) Recognize the multiple dimensions of health by including instruction in mental health and the relationship between physical and mental health to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity.

(2) Taught by appropriately certified teachers or appropriately certified community mental health providers.

(3) Be comprehensive, developmentally appropriate, and sequential in nature.

(d) In establishing and implementing statewide mental health programs under this section, the Department of Education shall consult with mental health experts, including individuals with the Department of Health and Social Services, Department of Services for Children, Youth, and Their Families, Mental Health Association of Delaware, Delaware Guidance Services, National Alliance of Mental Illness Delaware, and National Council for Behavioral Health.

(e) A school district or charter school shall provide in-service training required under this section within the contracted school year.

(f) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.

(g) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, the Director and the Librarian of the Division of Legislative Services, and the Public Archives no later than January 15 of each year. The report must include a description of the educational programing provided under subsection (b) of this section, how the programming complies with subsection (c) of this section, and how the programming has been implemented by each school district and charter school.
14 Del. C. § 2303 — Delaware Code / Title 14 / Chapter 23 / Section 2303
§ Â
        2303. Condemnation.
Status: in_force

(a) When lands are required for the site of a school house, or for enlarging a school house lot, or for playgrounds or other school purposes and the Department of Education or the school board shall for any cause be unable to contract with the owner or owners thereof upon what they deem to be a fair valuation thereof, the Department and the school board, or either of them, may institute condemnation proceedings in accordance with Chapter 61 of Title 10.

(b) No lot so taken or enlarged shall exceed, in the whole, including the land occupied by the school building, more than 15 acres for a school whose certified enrollment is less than 500 pupils.

(c) No lot so taken or enlarged shall exceed, in the whole, including the land occupied by the school building, more than 25 acres for schools having a certified enrollment in excess of 500 pupils.

(d) Certified enrollment, as used in this section, means the official net enrollment at the end of any school years as determined by the Department of Education, or, in the case of a proposed new school, the normal capacity of the proposed school building as approved by the Department of Education.

(e) Any proposed action pursuant to Chapter 61 of Title 10 shall be approved by appropriate resolutions of the local board of education and by the Department of Education. The Department shall, in the usual manner, review the building and site needs of the local district before deciding whether or not to adopt a resolution indicating the need for procuring the land as provided by Chapter 61 of Title 10 and the maximum number of acres involved.
14 Del. C. § 4112A — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112A
§ Â
        4112A. Office of School Criminal Offense and Bullying Ombudsperson.
Status: in_force

(a) There is hereby established within the State Department of Justice, the Office of School Criminal Offense and Bullying Ombudsperson.

(b) The purpose of the Ombudsperson is to ensure the proper administration of the school criminal offense reporting law contained in § 4112 of this title and the school bullying prevention law contained in § 4164 of this title.

(c) The Ombudsperson shall have the power to:

(1) Investigate and seek to resolve complaints made by and concerns of members of the public, school officials, and pupils regarding criminal offenses and incidents of bullying committed on school property;

(2) Investigate complaints regarding the alleged failure of school officials to report criminal offenses as required under § 4112 of this title and incidents of bullying as required under § 4164 of this title;

(3) Establish policies and procedures for eliciting, receiving, investigating, verifying, and resolving complaints; and

(4) Perform such other acts as are necessary to carry out the purpose set forth in subsection (b) of this section.
14 Del. C. § 1086 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1086
§ Â
        1086. Absentee voting.
Status: in_force

(a) Any individual qualified to vote in a school district election who shall be unable to appear to cast their ballot at the polling place of their school district on the date of the election may cast their vote by absentee ballot provided that the voter qualifies under 1 of the provisions of § 5502 of Title 15 and files a statement under § 5503 of Title 15, in a form prescribed by the State Commissioner of Elections, with the appropriate county department of elections by 12:00 noon, local time of the day prior to the election.

(b) The Commissioner of Elections, in consultation with the Department of Elections for the counties, shall promulgate an absentee voting system that shall include envelopes and instructions similar to those provided for in Chapter 55 of Title 15. The Department of Elections responsible for conducting a public school election within a reorganized school district shall prepare the appropriate absentee ballots for any election conducted in accordance with this title. Upon receipt of the executed statement under § 5503 of Title 15, by at least 12:00 noon of the day prior to the election, the department of elections shall:

(1) Deliver an official ballot to the elector if the elector personally appears at the appropriate department of elections office; or

(2) Follow the instructions contained within the elector’s statement to mail the official ballot and instructions to the elector; provided, that the statement is received by the department of elections by at least 12:00 noon, local time, of the fourth day prior to the election.

(3) Nothing contained in this subsection shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12:00 noon, local time, of the day prior to any school election when the request is made less than 3 days prior to the day of the election.

(4) All absentee ballots must be returned to the appropriate department of elections prior to the closing of the polls on the day of the election. All absentee ballots received after the closing of the polls shall be voided and not opened. Each absentee ballot received in this manner shall be stamped with the date and time it was received and initialed by a representative of the department and retained as part of the official election record.

(c) All absentee ballots received by the Department of Elections conducting the election prior to the close of the polls on the day of the election shall remain sealed and held within that Department of Elections until such time that the absentee votes are to be counted.

(d) The Department of Elections conducting the election may appoint one or more boards of election officers to tally the absentee votes for a public school election within the offices of that Department of Elections and/or designate 1 or more polling places to tally the aforesaid absentee ballots. The tallying of the absentee ballots may commence no earlier than 10 a.m. on the day of the election. The absentee tally shall remain secret until after the close of the polls on the day of the election at which time the results shall be added to the election results. Anyone violating that secrecy shall be punished as provided by law.

(e) All absentee voting records, materials, and ballots shall be retained by the Department of Elections conducting the election for 1 year following the close of the elections. At the end of the said year, the ballots, materials and other absentee voting records shall be destroyed.
14 Del. C. § 3201 — Delaware Code / Title 14 / Chapter 32 / Section 3201
§ Â
        3201. Purpose.
Status: in_force

It is the intent and purpose of the General Assembly of this State through this chapter to encourage the youth of Delaware to pursue vocational and occupational education when such pursuit is deemed in the best interest of the student and of this State.
14 Del. C. § 174A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 174A
§ Â
        174A. Member states, effective date and amendment.
Status: in_force

(A) Any state is eligible to become a member state.

(B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.

(C) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
14 Del. C. § 7101 — Delaware Code / Title 14 / Chapter 71 / Section 7101
§ Â
        7101. District library commissions requesting exemption.
Status: in_force

Any district library commission, heretofore established to administer and supervise a free public library established by a school district pursuant to this chapter that requests and qualifies for exemption from § 6(a) and (b), Chapter 480, Volume 59, Laws of Delaware, on or before August 31, 1975, shall continue in existence and subject to this chapter shall be empowered to administer and supervise the free public library in its district; provided, however, that the Lewes Public Library may request exemption as provided herein after August 31, 1975.
14 Del. C. § 4104 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4104
§ Â
        4104. Display of American flag.
Status: in_force

(a) Every board of education in this State shall procure the American flag and cause the same to be displayed out-of-doors (weather permitting) on the school grounds of every school house in this State during school hours.

(b) The Department of Education shall procure American flags for every free public school in this State and cause the same to be displayed in every school house in this State during school hours.

(c) The Department shall make drafts, by warrants upon the State Treasurer from funds not otherwise appropriated, of such sums as are necessary to carry into full effect subsection (b) of this section.
14 Del. C. § 3902 — Delaware Code / Title 14 / Chapter 39 / Section 3902
§ Â
        3902. Retirement benefits.
Status: in_force

Teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 25 years or more and are no longer capable of teaching, and teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 15 years or more and who attain the age of 65, shall be entitled to receive a pension out of the fund continued by § 3901 of this title for the duration of their respective lives. The amount of such pension shall be determined by the number of years of teaching service, as follows:
14 Del. C. § 4003 — Delaware Code / Title 14 / Chapter 40 / Section 4003
§ Â
        4003. School employee rights.
Status: in_force

School employees shall have the right to:

(1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation resulting from collective bargaining negotiations to pay any dues, fees, assessments or other charges to an employee organization shall not be required as a condition of employment for certified professional school employees.

(2) Negotiate collectively or grieve through representatives of their own choosing.

(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State.

(4) Be represented by their exclusive representative, if any, without discrimination.
14 Del. C. § 3435 — Delaware Code / Title 14 / Chapter 34 / Subchapter IV / Section 3435
§ Â
        3435. Critical need reimbursement program.
Status: in_force

(a) Purpose. —

It is the purpose of this program to increase the number of public school teachers with a standard certificate in their area of instruction. This will improve student achievement by enabling and encouraging those teachers to pursue education that will enable them to become fully certified and prepared to deliver high-quality instruction in state-approved critical need areas. This program will provide direct reimbursement to an institute of higher education or Secretary of Education-approved Alternative Routes for Teacher Licensure and Certification Program for coursework taken during the academic year, which includes fall, winter, spring and summer sessions.

(b) Eligibility. —

Applicants must meet all of the following criteria:

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

(2) Teach on an emergency certification or a certificate of eligibility.

(3) Teach in a critical need area as defined by the Department of Education.

(c) The Department shall identify a list of critical need areas and publish the list on the Department’s website annually.

(d) Eligible institutions of higher education include any out-of-state regionally-accredited college or university, or Alternative Routes for Teacher Licensure and Certification Programs approved by the Delaware Secretary of Education and authorized to operate in Delaware.

(e) Reimbursements. — (1) a. Reimbursement will be provided to eligible institutions and programs identified in subsections (c) and (d) of this section for approved coursework that meets Department of Education requirements.

b. For a full-time employee of a public school district or charter school teaching on an emergency certification or certificate of eligibility, up to 1 of the following per academic year:

1. Two noncredit-bearing seminars or workshops required for certification.

2. Up to 6 credits.

3. One noncredit-bearing seminar or workshop required for certification up to 1 3-credit course.

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

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

(4) The Department may set aside funds as available for teachers meeting these criteria as demand requires.
14 Del. C. § 4114 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4114
§ Â
        4114. Right of State to transcribe and reproduce instructional material in braille and other media for handicapped minors.
Status: in_force

Each contract executed for the procurement of instructional materials shall include the right of the State to transcribe and reproduce the material in braille, large print, recordings or other media for the use of handicapped minors, including the visually handicapped, unable to use the book in conventional print and form. Such right shall include those corrections, revisions and other modifications as may be necessary.
14 Del. C. § 8105 — Delaware Code / Title 14 / Chapter 81 / Section 8105
§ Â
        8105. Health and safety exceptions.
Status: in_force

This chapter shall not apply to investigations conducted by an academic institution’s public safety department or police agency who have a reasonable articulable suspicion of criminal activity, or to an investigation, inquiry or determination conducted pursuant to an academic institution’s threat assessment policy or protocol.
14 Del. C. § 8104 — Delaware Code / Title 14 / Chapter 81 / Section 8104
§ Â
        8104. Academic institution; wrongful dismissal or refusal to admit.
Status: in_force

An academic institution may not discipline, dismiss or otherwise penalize or threaten to discipline, dismiss or otherwise penalize a student for refusing to disclose any information specified in § 8103(a) or (b) of this title. It shall also be unlawful for a public or nonpublic academic institution to fail or refuse to admit any applicant as a result of the applicant’s refusal to disclose any information specified in § 8103(a) or (b) of this title.
14 Del. C. § 402A — Delaware Code / Title 14 / Chapter 4A / Section 402A
§ Â
        402A. Establishment of a uniform public school registration process.
Status: in_force

(a) The Department shall establish a uniform public school registration process to be used by a parent to register a child for school in the public school system for the first time. The process must meet the requirements under §§ 403A and 404A of this title.

(b) Beginning the 2023 through 2024 school year, all public schools shall use the uniform public school registration process and shall enable registration access to that year, and each subsequent school year, before the application period for the school district enrollment choice program under § 403 of this title begins.

(c) The Department shall seek feedback from public schools and parents to guide ongoing improvements to the uniform public school registration process.
14 Del. C. § 1328 — Delaware Code / Title 14 / Chapter 13 / Section 1328
§ Â
        1328. Teachers of grades 1-12 inclusive entitled to duty-free period.
Status: in_force

In all reorganized school districts each teacher in grades 1-12, inclusive, shall have, during each school day, a duty-free period for at least 30 consecutive minutes but this section shall not bar the allowance of a longer or additional duty-free period each day.
14 Del. C. § 1711 — Delaware Code / Title 14 / Chapter 17 / Section 1711
§ Â
        1711. Salaries in excess of state supported uniform salary schedules.
Status: in_force

Nothing contained in this chapter shall prevent any local school board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations.
14 Del. C. § 8101A — Delaware Code / Title 14 / Chapter 81A / Section 8101A
§ Â
        8101A. Short title [For applicability of chapter, see 80 Del. Laws, c. 149, Ââ2].
Status: in_force

This chapter shall be known and may be cited as the “Student Data Privacy Protection Act.”
14 Del. C. § 9001C — Delaware Code / Title 14 / Chapter 90C / Section 9001C
§ Â
        9001C. Short title.
Status: in_force

This chapter may be known as and cited as the “Ban the Box Act.”
14 Del. C. § 4016 — Delaware Code / Title 14 / Chapter 40 / Section 4016
§ Â
        4016. Strikes prohibited.
Status: in_force

(a) No public school employee shall strike while in the performance of that public school employee’s official duties.

(b) No public school employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any consideration in lieu thereof, for the days on which the employee engaged in a strike.

(c) Where a public school employee has lost entitlement to any daily pay or other consideration pursuant to subsection (b) of this section, any agreement between such public school employee or employee organization bargaining on such employee’s behalf and a public school employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy.
14 Del. C. § 310 — Delaware Code / Title 14 / Chapter 3 / Section 310
§ Â
        310. The Interscholastic Athletic Fund: payment of expenses; deposits of receipt.
Status: in_force

(a) The expenses of the Association are paid from the Interscholastic Athletic Fund, a special fund created to fund this chapter. An appropriation that the General Assembly makes to the Department for the Association must be allocated to this fund. This fund is interest bearing.

(b) The Association may receive state appropriations, federal moneys, membership dues, tournament revenues, fees, fines, official dues, merchandising and licensing revenue, interest, and event, professional development, and scholarship sponsorships.

(c) The Association may establish special fund accounts to track revenue. A special fund account must be interest bearing and may not subject to reversion. The Association is exempt from the state bid law.

(d) The Association may not operate an account outside of the state accounting system.

(e) The Interscholastic Athletic Fund or a special fund account under this section must be utilized to support the activities and operations of Delaware interscholastic athletics and may include the purchase of general liability insurance as it relates to the rental of non-state-owned venues for sponsored events, including tournaments.

(f) The expenditure of funds from the Interscholastic Athletic Fund must be in accordance with the Division of Accounting budget and accounting procedures.
14 Del. C. § 1085 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1085
§ Â
        1085. Penalty for illegal voting in school elections.
Status: in_force

Whoever votes at any school election, including elections pursuant to Chapters 19, 20 and 21 of this title, without possessing the qualifications prescribed by this subchapter, or having once voted, votes or attempts to vote or offers to vote again, or violates any of the other provisions of this subchapter or Chapter 19, 20 or 21 of this title shall, for each offense, be fined or imprisoned, or both, in accordance with the regular elections laws of this State.
14 Del. C. § 8701A — Delaware Code / Title 14 / Chapter 87A / Section 8701A
§ Â
        8701A. Creation and purpose.
Status: in_force

(a) The Delaware Veterinary Medicine Education Advisory Council is established and serves in an advisory capacity to the Department of Agriculture.

(b) The purpose of this chapter is to initiate, encourage, and promote all of the following:

(1) Satisfactory alternatives to a state-supported veterinary medical school for Delaware residents seeking a doctorate or similar degree in veterinary medicine education.

(2) Creation of opportunities for Delaware residents to obtain veterinary medical training.

(3) A strengthening of the factors favoring the decision of qualified veterinary medical and technical personnel to practice in Delaware.

(4) Development of a coordinated program of pre-veterinary medicine education among state public education institutions.

(5) Development of programs of education and training in veterinary-medicine-related fields and research.

(6) Administration and monitoring of veterinary medicine school scholarships, loans, or loan repayment programs.
14 Del. C. § 4115 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4115
§ Â
        4115. Choice of transportation.
Status: in_force

The school board of each school district shall offer, to each parent or guardian of a student within that district who is licensed to drive a motor vehicle, a choice between driving a private vehicle to the school and transportation to the school by the school bus; provided, however, that those who choose to drive a private vehicle shall not be transported by a school bus, and those who choose to be transported by a school bus shall not be permitted to park on school grounds. The principal of each school may issue passes for school bus transportation to certain pupils who have chosen to drive a private vehicle, for use on a temporary and emergency basis; and may also set aside a specific number of parking spaces for use on a temporary and emergency basis by pupils who originally chose transportation by school bus.
14 Del. C. § 3506 — Delaware Code / Title 14 / Chapter 35 / Section 3506
§ Â
        3506. Private schools; child labor law records.
Status: in_force

Private teachers and the principal or head teacher of private schools or educational institutions shall make out and sign such records as are required by the laws regulating child labor.
14 Del. C. § 9002A — Delaware Code / Title 14 / Chapter 90A / Section 9002A
§ Â
        9002A. Duties of responsible employees, law enforcement, and academic institutions.
Status: in_force

(a) Any responsible employee of an academic institution who is informed by the victim of an alleged sexual assault upon or by a student of the academic institution, shall immediately make an offer to the victim to notify the law-enforcement officers or public-safety officials who service the academic institution of the allegation. If the victim requests such a notification, the responsible employee shall make the report to law enforcement or public safety within 24 hours. Where the academic institution does not have law-enforcement officers or public-safety officials of its own, the responsible employee shall make an offer to notify municipal or state law-enforcement officers having jurisdiction over the alleged assault. Such an offer to report is required only where the alleged sexual assault occurred while the victim or perpetrator was on campus, or was enrolled as a student at the academic institution, unless the sexual assault occurred when such victim was a minor, in which case it must be reported consistent with the requirements of Chapter 9 of Title 16. Any responsible employee of an academic institution who is informed by the victim of an alleged sexual assault that occurred on campus even if the victim or perpetrator are not students, shall immediately make an offer to the victim to notify the law-enforcement or public-safety officials who service the academic institution of the allegation within 24 hours.

(b) The responsible employee shall inform the victim of the alleged sexual assault of the employee’s duty to offer to report to law-enforcement officers. The responsible employee shall inform the victim that crime victims are afforded certain rights in criminal proceedings in Delaware and provide or direct the victim to a copy of the Victims’ Bill of Rights in Chapter 94 of Title 11 or a summary version thereof approved by the Department of Justice. Responsible employees shall provide information regarding confidential medical, counseling, and advocacy services available to victims on campus, as well as appropriate off-campus services available to victims. Academic institutions shall require responsible employees to document compliance with this section as part of the responsible employee’s requirement to report to the Title IX coordinator. Responsible employees shall maintain a victim’s confidentiality so far as it does not conflict with any requirements of federal law.

(c) If law-enforcement officers or public-safety officials serving an academic institution receive a report, pursuant to subsection (a) of this section, of an alleged assault that took place outside of their jurisdiction, they shall within 24 hours of receiving the report notify the municipal or state law-enforcement agency having jurisdiction over the offense.

(d) Law-enforcement agencies shall make reasonable efforts to ensure a victim’s privacy when contacting a victim and shall inform the victim of their rights pursuant to the Victims’ Bill of Rights in Chapter 94 of Title 11. Law-enforcement agencies shall provide information regarding confidential medical, counseling, and advocacy services available to victims on campus, as well as appropriate off-campus services available to victims.

(e) An academic institution is accountable under § 9005A of this title for the compliance of its responsible employees with the requirements of this section, as well as the compliance of any law-enforcement or public-safety officers who are employees of the academic institution.
14 Del. C. § 1204 — Delaware Code / Title 14 / Chapter 12 / Subchapter I / Section 1204
§ Â
        1204. License or permit requirement [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) No person may work in a public school unsupervised with students without a valid permit, a license issued under this chapter, or an approved professional license issued under Title 24.

(b) The following individuals are exempt from the requirements of subsection (a) of this section:

(1) Noninstructional administrators.

(2) Nutrition staff.

(3) Custodial staff.

(4) Transportation staff.

(5) Clerical staff.

(6) A charter school administrator exempt under § 507(c) of this title.

(7) A substitute teacher serving for less than 12 consecutive weeks in 1 school.
14 Del. C. § 4019 — Delaware Code / Title 14 / Chapter 40 / Section 4019
§ Â
        4019. Fair share fees.
Status: in_force

(a) If the provisions of a collective bargaining agreement so provide, each nonmember of a bargaining unit shall be required to pay the exclusive representative a fair share fee.

(b) To implement fair share fee agreements in accordance with subsection (a) of this section, the exclusive representative shall provide the public school employer with the name of each nonmember who is obligated to pay a fair share fee, the amount of the fee that the nonmember is obligated to pay and a reasonable and lawful schedule for deducting said amount from the salary or wages of such nonmember. The public school employer shall deduct the fee in accordance with said schedule and promptly transmit the amount deducted to the exclusive representative.

(c) As a precondition to the collection of fair share fees, the exclusive representative shall establish and maintain a procedure that:

(1) Provides nonmembers with an adequate explanation of the basis for the fee;

(2) Provides nonmembers with a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker; and

(3) Provides an escrow for the amounts reasonably in dispute while such challenges are pending.

A public school employer shall not refuse to carry out its obligations under subsection (b) of this section on the grounds that the exclusive representative has not satisfied its responsibilities under this subsection.

(d) Since fair share fees are collected each school year, in order to avoid undue delays in the receipt of, and determination of the validity of, fair share fees, any suit challenging a fair share fee must be filed within 6 months after receipt of the notice described in subsection (c) of this section, or within 6 months after the nonmember exhausts the procedure described in subsection (c) of this section, whichever is later.
14 Del. C. § 1803 — Delaware Code / Title 14 / Chapter 18 / Subchapter II / Section 1803
§ Â
        1803. Financial responsibility training.
Status: in_force

(a) With the approval of the Director of the Office of Management and Budget and the Controller General, the Department of Education, hereinafter referred to as “Department,” is directed and authorized to develop a program of financial responsibility training to instruct district and charter leaders, members of school boards, including vocational-technical school boards, and the boards of charter schools, in properly discharging their responsibility to ensure that public funds, including both state and local funds, are appropriately managed and expended, and shall also include training on state and local funding of public education. The training must be offered virtually at least twice a year. The Department is authorized to promulgate rules and regulations to implement such a program of training. District and charter leaders and members of the aforementioned boards shall be required to attend such training as may be required by the Department pursuant thereto.

(b) For purposes of this section, “district leaders” is defined as the district superintendent and business manager and “charter leaders” is defined as the head of school or principal and business manager. If 1 individual acts in a dual capacity as both superintendent and business manager or as head of school or principal and business manager, the district or charter school shall designate a second individual to attend the training.

(c) The president of a school board for a school district or charter school shall inform each newly-elected or appointed member of the obligation to complete training under subsection (a) of this section. By January 15 of each year, the president of a school board shall send a letter to any board member who has not completed the training required under this section by January 1 following the board member’s election or appointment.
14 Del. C. § 510 — Delaware Code / Title 14 / Chapter 5 / Section 510
§ Â
        510. State assistance.
Status: in_force

(a) The Department of Education shall distribute information announcing the availability of the charter school program, explaining the powers and responsibilities of a charter school contained in this chapter, and describing the application process to each school district and public post-secondary educational institution, and through press releases to each major newspaper in the State.

(b) The Department of Education shall provide technical assistance to potential charter school applicants upon request.

(c) The Department of Education shall provide technical and other forms of assistance to charter schools on the same basis as to school districts.

(d) The Department of Education shall, in concert with the approving authority and the applicant, apply for available federal or foundation grants providing funding for the planning and start-up of charter schools and the Department of Education shall administer such funds as may be appropriated by the General Assembly for the purpose of assisting in the planning and start-up of charter schools.
14 Del. C. § 5701 — Delaware Code / Title 14 / Chapter 57 / Section 5701
§ Â
        5701. Designation of University as land-grant college.
Status: in_force

The University of Delaware is the institution provided by the State in accordance with an act of Congress entitled “An Act donating public lands to the several States and Territories which may provide Colleges for the benefit of Agriculture and the Mechanical Arts,” being the Act of July 2, 1862, Chapter 130, 12 Stat. 503 [7 U.S.C. § 301 et seq.].
14 Del. C. § 1723 — Delaware Code / Title 14 / Chapter 17 / Section 1723
§ Â
        1723. Comprehensive school discipline improvement programs.
Status: in_force

In addition to the funds appropriated to school districts by other sections of this chapter, school districts shall be eligible to make application to the Department of Education for the development and implementation of school discipline improvement programs as specified in Chapter 16 of this title.
14 Del. C. § 167A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 167A
§ Â
        167A. State coordination.
Status: in_force

A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, 1 representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.
14 Del. C. § 8905D — Delaware Code / Title 14 / Chapter 89D / Section 8905D
§ Â
        8905D. Fund established.
Status: in_force

(a) A special fund of $5,000 shall be set aside within the budget of the Department of Education, which fund shall be known and referred to as the “Educational Support Professional of the Year Award Fund.”

(b) Each annual recipient of the Educational Support Professional of the year award pursuant to this chapter shall have set aside from the Educational Support Professional of the Year Award Fund, for that recipient’s exclusive assignment and disbursement, an amount equal to $5,000. The award recipient shall not directly receive the funds so set aside, but may make such withdrawals as are necessary for that recipient’s educational purposes and objectives as herein authorized.

(c) The Fund established by this section shall be distinct from, and in addition to, the money directly given to the individual educational support professionals as specified in § 8904D of this title.
14 Del. C. § 317 — Delaware Code / Title 14 / Chapter 3 / Section 317
§ Â
        317. Forms.
Status: in_force

The Executive Director shall develop or approve forms necessary to implement §§ 313, 314, 315, and 316 of this title. The Executive Director may develop or approve other forms as needed to implement this chapter.
14 Del. C. § 184 — Delaware Code / Title 14 / Chapter 1 / Subchapter V / Section 184
§ Â
        184. Regulations.
Status: in_force

Transferred by 77 Del. Laws, c. 431, effective July 23, 2010, to § 183 of this title.
14 Del. C. § 1310 — Delaware Code / Title 14 / Chapter 13 / Section 1310
§ Â
        1310. Salary schedules for school nurses.
Status: in_force

(a) All nurses who hold appropriate certificates shall be paid in accordance with § 1305 of this title effective July 1, 1979.

(b) A reorganized school district may employ personnel to be paid for 10 months per year from state funds pursuant to this section in a number equal to 1 for each 40 state units of pupils, except that in schools for the physically handicapped within the district the allocation shall be in accordance with the rules and regulations adopted by the Department with the approval of the State Board of Education; provided further, that each reorganized school district shall ensure that it has at least 1 school nurse per facility. To the extent that the funding formula outlined above does not provide for 1 school nurse per facility, each reorganized school district shall meet this requirement out of funding provided under § 1707 or § 1716 of the title, or out of discretionary local current operating expense funds. Districts shall qualify for partial funding at the rate of 30% of the fractional part of 40 state units of pupils.
14 Del. C. § 1507A — Delaware Code / Title 14 / Chapter 15 / Section 1507A
§ Â
        1507A. Christina School District financial position reports.
Status: repealed

Repealed by 75 Del. Laws, c. 439, § 8, effective Aug. 17, 2006.
14 Del. C. § 174 — Delaware Code / Title 14 / Chapter 1 / Subchapter IV / Section 174
§ Â
        174. Civil sanctions for violations.
Status: in_force

(a) A student who violates any of the provisions of § 172 of this title shall be subject to the following:

(1) At the discretion of the Department, the assessment score of such student may be invalidated and the student may be declared ineligible to retake the assessment until the next official testing opportunity; and

(2) Such disciplinary action as deemed appropriate by the student’s school district.

(b) An individual other than a student who knowingly violates any of the provisions of this subchapter shall be subject to the following:

(1) Such personnel sanctions as might otherwise be imposed by the individual’s employer for an act of misconduct;

(2) A hearing conducted by the Professional Standards Board to determine revocation of any license issued to such individual pursuant to the provisions of Chapter 12 of this title; and

(3) Payment of any costs incurred by the State or Department as a result of the violation.
14 Del. C. § 3123 — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3123
§ Â
        3123. Supportive services and residential programs.
Status: in_force

(a) Any school district administering a program for children with autism may provide from its own personnel or contract with another state agency or a private service provider if necessary for appropriate supportive services, including, but not limited to, physical, art and music education, psychological services, language and speech therapy, physical and occupational therapy. The supportive services to be provided shall be based upon a program for each child as approved by the Department of Education; provided, that the State Board may review any objection to the Department’s decision. The school district designated by the Department with State Board approval as the administering agency for a statewide program for autistic pupils shall annually submit in its budget a request for funds for such services.

(b) Community-based residential units for children with autism may be operated by a school district designated and approved by the Department with State Board approval as the administering agency for a statewide program for autistic pupils. When the school district operates a community-based residential program, that program shall meet the following minimum standards:

(1) Pre-puberty and post-puberty children shall be housed separately. In no case shall a child under age 12 be housed with a child over age 16 except as approved by the Human Rights and Peer Review committees of the statewide autistic program.

(2) Residential units shall be provided at the rate of 1 residential unit for each 4 residential pupils except that a maximum of 5 pupils may be housed in 1 residential unit. At no time shall the total number of pupils exceed 6.

(3) Residential teacher coordinators shall be provided for a period of 12 months per year at the rate of 3 full-time equivalent teacher coordinators per residential unit.

(4) Residential child care specialists shall be provided for a period of 12 months per year at the rate of 6 full-time equivalent residential child care specialists per residential unit. The Department with the approval of the State Board of Education shall determine the necessary educational requirements for the residential child care specialists.
14 Del. C. § 803 — Delaware Code / Title 14 / Chapter 8 / Section 803
§ Â
        803. District transition plans and grants.
Status: in_force

(a) After the local board has endorsed the district transition planning process pursuant to § 802(e) of this title, the board shall initiate the district transition plan by applying for a transition planning grant as authorized in the annual state appropriations act or through the Department of Education’s allocation of federal funds.

(b) The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of district transition grants, based upon the recommendations of a State Board advisory committee comprised of representatives of the school community, and shall promulgate such guidelines by January 1, 1997, so that districts may consider them during their activities pursuant to § 802 of this title and this section. The guidelines shall require, but not be limited to specifying, that the district demonstrate that the district has:

(1) Conducted structured conversations and activities to make the transition to shared decision-making as evidenced by local board action and the Report and Recommendation of the District Advisory Committee signed by representatives of school community as specified in § 802(d) of this title;

(2) Established a District Transition Team;

(3) Established a working procedure for the District Transition Team to reach decisions and resolve conflicts;

(4) Validated significant support from members of the school community;

(5) Established plans for communicating the results of the district transition plan to the broader school community for information and critical review;

(6) Specified within its district transition plan its policy for supporting such activities from its local budget, including the school improvement planning process set forth in § 806 of this title, and specifically identified funds to be made available to school committees for their use, such as funds for professional development and classroom materials; and

(7) Described how the various stakeholder groups will formally express their opinion regarding the district transition plan prior to its adoption by the local board of education.

(c) The Department of Education shall provide local school boards and District Transition Teams with assistance, guidance and strategies to initiate, develop and formally adopt their district transition plans.

(d) The local board of education, following public review and comments, shall be responsible for the final form and formal adoption of the district transition plan.

(e) A local board’s decision not to adopt a District Transition Plan for shared-decision-making shall not limit the authority of a school principal who demonstrates significant faculty support to submit a waiver request to the local board pursuant to a provision of this title or to develop a school improvement plan; provided, however, that this subsection shall not deprive the local board of its authority to disapprove a waiver request or a school improvement plan pursuant to its authority under § 1049 of this title.
14 Del. C. § 8511 — Delaware Code / Title 14 / Chapter 85 / Section 8511
§ Â
        8511. Annual renewal of certificates.
Status: in_force

Each school and each agent that continues as such shall annually renew the school’s or agent’s certificate of approval and pay the required annual renewal fees. Every certificate of approval which has not been renewed by its expiration date shall expire on the expiration date.
14 Del. C. § 1262 — Delaware Code / Title 14 / Chapter 12 / Subchapter VI / Section 1262
§ Â
        1262. Requirements for participation in an alternative routes for teacher initial licensure and certification program.
Status: repealed

(a) Subject to § 1217 of this title and notwithstanding any other provision in this chapter, an individual who is a potential participant must be issued an initial license in an ARTC program and applicable certification, provided the individual meets all of the following criteria:

(1) Holds a bachelor’s degree from a regionally-accredited college or university.

(2) Has at least 24 credits from a regionally-accredited college or university aligned to the content area in which the individual is seeking certification, or the equivalent in professional development approved by the Department, appropriate to the instructional field, or passing scores on an approved content-readiness exam prior to entering the ARTC program.

(3) Obtains an acceptable health clearance under Department regulations, and an acceptable criminal background check clearance.

(4) Obtains and accepts an offer of employment in a full-time position that requires instructional certification.

(b) While in an ARTC program, a participant must meet both of the following criteria:

(1) Maintain satisfactory progress towards the completion of all ARTC program requirements.

(2) Be continuously employed with a district or charter school.

(c) An ARTC program participant must attain all of the following, before the expiration of the initial license to obtain standard certification within the first 3 years of teaching:

(1) Successful completion of all ARTC program requirements.

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

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

(4) [Repealed.]

(d) The Department may grant additional time to complete the requirements of subsection (b) of this section, in consultation with the ARTC program, to an ARTC program participant based on exigent circumstances to complete any remaining formal instruction or equivalent professional development. The total extension of time may not exceed 1 year and a participant may be granted only 1 extension.

(e) The Department shall promulgate rules and regulations to implement this section.
14 Del. C. § 1022 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1022
§ Â
        1022. Property; legal title.
Status: in_force

Any reorganized school district constituted and established under this chapter shall have, subject to the laws of this State, the power to purchase, receive, take, lease or otherwise acquire, own, hold, improve and otherwise use real or personal property, or any interest therein and to sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its property or any interest therein. Legal title to property, real and personal, of a reorganized school district shall be held in the name of the reorganized school district.
14 Del. C. § 1902 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1902
§ Â
        1902. Power of district to levy taxes for school purposes.
Status: in_force

(a) Any district may, in addition to the amounts apportioned to it by the Department of Education or appropriated to it by the General Assembly, levy and collect additional taxes for school purposes upon the assessed value of all taxable real estate in the district, except any of the following:

(1) Real estate exempt from taxation under other law of this State.

(2) Real estate exempt from taxation under a county ordinance adopted before June 26, 1995, exempting property for the purpose of attracting or expanding a for-profit business.

(3) Real estate exempt from taxation under a county ordinance adopted on or before January 1, 1998, granting, clarifying, or expanding any exemption from county taxation. Upon a county-wide reassessment under § 8306(b) of Title 9, a county shall, by subsequent county ordinance, modify these exemption amounts.

(4) Real estate owned by the Delaware Pharmacists Society.

(5) Real estate owned by the Trustees of the Sewell C Biggs Trust.

(6) Real estate owned by the Dover Interfaith Mission for Housing.

(7) Real estate owned by the Inner City Cultural League.

(8) Real estate owned by Todmorden Foundation and used for the purposes of affordable housing.

(9) Real estate owned by the Central Delaware Housing Collaborative.

(b) In any instance except major capital improvement and new funds for educational advancement, as defined in Chapter 17 of this title, where the State shall make appropriations to school districts for any purpose and the applicable statute requires a local district contribution to the appropriation or expenditure, the local school board may levy such tax as is necessary to support the local district contribution without the necessity of a referendum in the local school district, notwithstanding § 1903 of this title. In the case of the school district of the City of Wilmington, such tax as is necessary to support its local district contribution may be levied, notwithstanding the maximum tax rate specified in § 11, Chapter 92, Volume 23, Laws of Delaware, as amended by Chapter 9, Volume 56, Laws of Delaware and, unless otherwise specifically provided, such tax rate as may be so specified on or after June 3, 1968.

(c) Pursuant to the provisions of subsection (b) of this section, all local districts shall be authorized to assess a local match for Fiscal Year 2010 reading resource teachers and mathematics resource teachers/specialists and Fiscal Year 2008 extra time.
14 Del. C. § 8502 — Delaware Code / Title 14 / Chapter 85 / Section 8502
§ Â
        8502. Advisory committee on private business and trade schools.
Status: in_force

(a) The Secretary of Education shall appoint an advisory committee of 5 persons whose function it shall be to advise the Secretary relative to the administration of this chapter in regard to policies concerning the conduct of private business schools serving clients in the State.

(b) One of the members of the committee shall be an executive or managerial person in a private business school in the State; 1 shall be a person occupied in commerce or industry in this State in an executive or managerial position; 1 shall be an executive or managerial person in a private trade school in the State; 1 shall be the president of the Delaware Technical and Community College system; and 1 shall have, for at least 5 years, occupied managerial positions concerned primarily with the use of computers.

(c) Members of the advisory committee, except the president of the Delaware Technical and Community College, shall serve for rotating terms of 4 years. At the initial meeting of the committee, members shall draw lots to determine the length of terms for 1, 2, 3 or 4 years. The Secretary of Education shall appoint a person from the staff of the State Department of Education to serve as chairperson and secretary to the committee and shall provide the necessary clerical services to the committee from within the State Department of Education.

(d) Members of the advisory committee shall receive no salary or compensation for the performance of committee duties but shall be entitled to reimbursement for expenses incurred in carrying out the assignments of the committee. The rate of such expenses shall be in accordance with any statutes from time to time promulgated by the State or according to rules and regulations adopted by the Department of Education.
14 Del. C. § 3479 — Delaware Code / Title 14 / Chapter 34 / Subchapter X / Section 3479
§ Â
        3479. Limitations.
Status: in_force

The privilege authorized by this subchapter may be granted only on a space available basis if such classes are not filled as of the close of registration. The institutions listed in this subchapter may limit or deny the privilege for courses which are in programs for which a selective admissions criteria has been established.
14 Del. C. § 1709 — Delaware Code / Title 14 / Chapter 17 / Section 1709
§ Â
        1709. Use of appropriation for purpose other than that designated.
Status: in_force

No part of any amount appropriated to any district shall be transferred from 1 subdivision of Division I to any other such subdivision of Division I or to Division II, or from Division II to any subdivision of Division I. But nothing contained in this matter shall prohibit the transfer of Division III funds to Division I to comply with §§ 1304, 1705 and 1712 of this title or Division II.
14 Del. C. § 3438 — Delaware Code / Title 14 / Chapter 34 / Subchapter IV / Section 3438
§ Â
        3438. Educator Support Scholarship.
Status: in_force

(a) It is the intent and purpose of the General Assembly through this section to enable and encourage Delawareans to pursue careers in Delaware public schools as teachers or specialists in specific areas identified as areas of need within the State.

(b) The areas of need will be determined each year by the Office.

(c) To be eligible for the educator support scholarship, all of the following apply:

(1) The applicant must be enrolled in an undergraduate or graduate program of study leading to a career as a teacher or specialist in an area of need as determined by the Office.

(2) The applicant must be a resident of this State.

(3) The applicant must be enrolled at a college or university that is located in Delaware and is accredited by an accrediting agency recognized by the U.S. Secretary of Education.

(d) Contingent upon funding from the General Assembly and based on the size of the applicant pool, at least 1 applicant in each area of need will be awarded the scholarship annually. The amount of the award will be determined by the Office.

(e) Awards are renewable for up to 3 additional years if the recipient remains enrolled in a program of study leading to a career as a teacher or specialist in an area of need as determined by the Office and maintains satisfactory academic progress.

(f) If a particular area is determined to no longer be an area of need, recipients enrolled in a program of study leading to a career in that area are eligible to renew their award up to 3 additional years.
14 Del. C. § 4116 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4116
§ Â
        4116. Drug/alcohol educational programs.
Status: in_force

(a) The Department of Education with approval of the State Board of Education shall establish and implement statewide alcohol/substance abuse educational programs to be provided in each grade, kindergarten through grade 12, in each public school in this State. The programs required by this section shall consist of no fewer than 10 hours per school year in grades kindergarten through 4 and 15 hours per school year in grades 5 through 12. Each program shall be taught by appropriately trained certified teachers and the instruction shall be comprehensive, age-appropriate and sequential in nature.

(b) Any in-service training required by this section shall be provided within the contracted school year as provided in § 1305 of this title.
14 Del. C. § 3401 — Delaware Code / Title 14 / Chapter 34 / Subchapter I / Section 3401
§ Â
        3401. Purpose.
Status: in_force

It is the intent and purpose of the General Assembly through this chapter to standardize aspects of and streamline administration of a variety of student assistance programs administered by the Delaware Higher Education Office.
14 Del. C. § 5308 — Delaware Code / Title 14 / Chapter 53 / Section 5308
§ Â
        5308. School of Agriculture â Division of Agricultural Extension.
Status: in_force

The function of the Division of Agricultural Extension shall be to aid in diffusing among the people of the State useful and practical information on subjects relating to agriculture and home economics and to encourage the application of the same.
14 Del. C. § 4505 — Delaware Code / Title 14 / Chapter 45 / Section 4505
§ Â
        4505. Grant applications.
Status: in_force

(a) The grant application shall be in a form as prescribed by the Department.

(b) The applicant must submit a new grant application every 2 years, along with any additional information the Department may request, in accordance with the Program’s rules and regulations.

(c) The grant application must include a description of the following:

(1) Applicant’s vision for the Program and process to develop this vision which must include input from students, educators, paraprofessionals, and cultural liaisons in the community.

(2) Applicant’s recruitment and hiring goals as they relate to educator diversity.

(3) Applicant’s staff retention goals, specifically in regard to educators of color, including current and projected hiring needs based on current staff data.

(4) Applicant’s goals and/or strategies to ensure the Program will:

a. Support candidates accepted into the Program through their postsecondary education, student teaching/residency, certification, licensure, and hiring.

b. Stress diversity, equity, and inclusion in the approach to recruiting, supporting and retaining candidates.

c. Create clear partnerships and connections between any current or proposed high school teacher academies and institutions of higher education partners to accelerate and improve credential and degree attainment.

d. Assist accepted candidates with obtaining state scholarships, loan forgiveness, and alternative routes to certification programs such as the Christa McAuliffe Teacher Program, Delaware Teacher Corps Incentive Program, Speech-Language Pathologist Incentive Program, Critical Needs Reimbursement Program, and High Needs Loan Repayment Program.

e. Seek candidates from community-based organizations, parents, and paraprofessionals who can be developed through earn and learn models.

f. Propose incentives for accepted candidates to remain employed long-term in applicant’s district or charter school.

g. Propose how Program will align with applicant’s current mentoring and induction programs for new teachers.

(5) Applicant’s current and proposed partnerships with institutions of higher education and community-based organizations to develop and implement the Program.

(6) Applicant’s plan for collecting and providing all data required by the Department for purposes of evaluating the effectiveness of the Program.

(7) Applicant’s plan to continue and sustain the Program beyond any grant awards as well as leverage other funding to support the Program.

(8) Applicant’s success in implementation of the Program, ability to leverage other funding to support the Program, and other best practices that are a result of the grant, should the applicant apply for continued funding under the grant beyond the initial 2-year period.
14 Del. C. § 4308 — Delaware Code / Title 14 / Chapter 43 / Section 4308
§ Â
        4308. Cooperation with the Division of Public Health
Status: in_force

The Division of Public Health has the authority to make unannounced visits to any public school within a local school district for the purpose of complying with this chapter. No public school official may attempt to prohibit any unannounced visit by the Division of Public Health when acting pursuant to this chapter.
14 Del. C. § 8905E — Delaware Code / Title 14 / Chapter 89E / Section 8905E
§ Â
        8905E. Fund established.
Status: in_force

(a) A special fund of $5,000 shall be set aside within the budget of the Department of Education, which fund shall be known and referred to as the “Behavioral Health Professional of the Year Award.”

(b) Each annual recipient of the Behavioral Health Professional of the Year Award pursuant to this chapter shall have set aside from the Behavioral Health Professional of the Year Award Fund, for that recipient’s exclusive assignment and disbursement, an amount equal to $5,000. The award recipient shall not directly receive the funds so set aside, but may make such withdrawals as are necessary for that recipient’s educational purposes and objectives as herein authorized.

(c) The Fund established by this section shall be distinct from, and in addition to, the money directly given to the individual behavioral health professionals as specified in § 8904E of this title.
14 Del. C. § 190 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 190
§ Â
        190. Denial of certificates of approval.
Status: in_force

(a) The Department may deny an application for a certificate of approval or an application to renew a certificate of approval for any of the following causes:

(1) Violating this subchapter or any rule or regulation made by the Department.

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

(3) Any person, who signed an application, entered a plea of nolo contendere to, or was found guilty of any crime involving moral turpitude.

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

(5) Violating any commitment made in the application for a certificate of approval.

(6) Presenting or causing to be presented to prospective students information that is false, misleading, or fraudulent.

(7) Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by laws, regulations, or ordinances applicable to the location of the postsecondary institution.

(8) Failing to maintain financial resources adequate for the satisfactory conduct of the courses or programs offered or to retain sufficient and qualified instructional and administrative staff.

(9) Offering a course, program of courses, or program that leads to a certificate or degree that has not been approved by the Department.

(10) Failing to meet the criteria for approval.

(11) Failing to maintain state licensing requirements for applicable offerings.

(12) An act or practice by a person or an agent of the person that violates local, state, or federal law.

(b) Whenever the Department proposes to deny an application for a certificate of approval or an application for the renewal of a certificate of approval, it shall first give written notice to the applicant of the reasons for denial and the opportunity for a hearing before the Secretary. The applicant must be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the applicant’s application is deemed denied as set forth in the notice and the Department shall notify the applicant the application is denied.

(c) Any hearing before the Secretary must be held within 90 calendar days of the date the Secretary receives a request for a hearing. Notice of the hearing must be given at least 20 calendar days before the day it is held.

(d) All hearings must be conducted by the Secretary or the Secretary’s designee, who must prepare a proposed order for the Secretary’s consideration. In connection with such hearings, the Secretary or the Secretary’s designee has the power to administer oaths; issue subpoenas for witnesses and the production of books, accounts, papers, records, and documents; exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence; and limit unduly repetitive proof, rebuttal, and cross-examination.

(e) The burden of proof in a certificate of approval denial action is on the applicant to show by a preponderance of evidence that the applicant should not be denied a certificate of approval because the applicant meets the requirements to be issued a certificate of approval.
14 Del. C. § 3140 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3140
§ Â
        3140. Burden of proof.
Status: in_force

The burden of proof and persuasion in any proceeding convened pursuant to § 3135 of this title shall be on the district or state agency which is a party to the proceeding.
14 Del. C. § 4603 — Delaware Code / Title 14 / Chapter 46 / Section 4603
§ Â
        4603. Rules and regulations.
Status: in_force

The Department of Education shall adopt and promulgate rules and regulations as will be necessary for the implementation of the Delaware Educator Apprenticeship Program authorized by this chapter.
14 Del. C. § 5104 — Delaware Code / Title 14 / Chapter 51 / Section 5104
§ Â
        5104. Powers of University â University Police.
Status: in_force

(a) The University shall have all the powers and franchises incident to a corporation, including the power to take and hold real and personal estate by deed, devise, bequest, gift, grant or otherwise, and the same to alien, sell, transfer and dispose of as occasion may require, and the proceeds thereof to reinvest in other property, funds or securities for the benefit of the University, and in accordance with the spirit and purpose of its charter.

(b) (1) The University may appoint such number of police officers as are necessary to preserve the peace and good order of the University, and such officers shall be known as the “University Police” and shall be supervised by a Director. They shall have jurisdiction on the University campuses.

(2) The University Police shall be law-enforcement officers of the State and conservators of the peace with the right to investigate and arrest, in accordance with the laws of the State, any person for violation of federal or state laws or applicable county or city ordinances when such violations occur on any property or facilities which are under the supervision, regulation or control of the University of Delaware or on contiguous streets and highways.

(3) The provisions of this section shall neither reduce nor restrict the jurisdiction of other duly appointed peace officers who are empowered to enforce federal or state laws or applicable county or city ordinances on the property of the University of Delaware.
14 Del. C. § 8223 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8223
§ Â
        8223. Licensure under the Compact.
Status: in_force

(a) Licensure under this Compact pertains only to the initial grant of a license by the receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements that a receiving state might require for teachers.

(b) Each member state shall, in accordance with the rules of the Commission, define, compile, and update as necessary, a list of eligible licenses and career and technical education licenses that the member state is willing to consider for equivalency under this Compact and provide the list to the Commission. The list shall include those licenses that a receiving state is willing to grant to teachers from other member states, pending a determination of equivalency by the receiving state’s licensing authority.

(c) Upon the receipt of an application for licensure by a teacher holding an unencumbered eligible license, the receiving state shall determine which of the receiving state’s eligible licenses the teacher is qualified to hold and shall grant such a license or licenses to the applicant. Such a determination shall be made in the sole discretion of the receiving state’s licensing authority and may include a determination that the applicant is not eligible for any of the receiving state’s eligible licenses. For all teachers who hold an unencumbered license, the receiving state shall grant 1 or more unencumbered license(s) that, in the receiving state’s sole discretion, are equivalent to the license(s) held by the teacher in any other member state.

(d) For active military members and eligible military spouses who hold a license that is not unencumbered, the receiving state shall grant an equivalent license or licenses that, in the receiving state’s sole discretion, is equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalent license.

(e) For a teacher holding an unencumbered career and technical education license, the receiving state shall grant an unencumbered license equivalent to the career and technical education license held by the applying teacher and issued by another member state, as determined by the receiving state in its sole discretion, except where a career and technical education teacher does not hold a bachelor’s degree and the receiving state requires a bachelor’s degree for licenses to teach career and technical education. A receiving state may require career and technical education teachers to meet state industry recognized requirements, if required by law in the receiving state.
14 Del. C. § 5107 — Delaware Code / Title 14 / Chapter 51 / Section 5107
§ Â
        5107. Board of Trustees â Meetings.
Status: in_force

(a) There shall be 2 stated meetings of the Board of Trustees every year at such time and place as may be fixed by the bylaws, and occasional meetings may be held on the call of the President, which the President may make at the President’s own discretion, and shall make, on the written request of any 2 or more members of the Board.

(b) The Secretary of the Board shall give 2 weeks’ written notice of all meetings, and the time, place and purpose of occasional meetings shall be stated in the notice thereof, and the proceedings of such meetings shall be confined strictly to the purpose stated therein.
14 Del. C. § 7103 — Delaware Code / Title 14 / Chapter 71 / Section 7103
§ Â
        7103. Election of officers; meetings; failure to hold or attend meetings.
Status: in_force

A district library commission shall annually, from its members, elect a president, secretary and treasurer. The secretary and treasurer may be one and the same person. The district library commission shall meet at least quarterly in each year. Failure to hold 4 formal meetings shall, at the option of the county library advisory board, necessitate the appointment of a new district library commission as provided in § 7102 of this title. The district library commission may adopt a rule that the failure of any member to attend a specified number of meetings of the district library commission shall create a vacancy in the office of such member.
14 Del. C. § 4017 — Delaware Code / Title 14 / Chapter 40 / Section 4017
§ Â
        4017. Injunctions.
Status: in_force

(a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 4016 of this title. Suits to enjoin violations of § 4016 of this title will have priority over all matters on the Court’s docket except other emergency matters.

(b) Where it appears that any public school employee, group of employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of § 4016 of this title, the public school employer may forthwith apply to the Court of Chancery for an injunction against such violation.

(c) If an order of the Court enjoining or restraining a violation of § 4016 of this title does not receive immediate compliance, the public school employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.

(d) In determining an appropriate amount for fines imposed pursuant to subsection (c) of this section, the Court shall consider and receive evidence of:

(1) The extent and value of services lost due to the violation of § 4016 of this title.

(2) Any unfair labor practices committed by either party during the collective bargaining process.

(3) The extent of the wilful defiance or resistance to the Court’s order.

(4) The impact of the strike on the health, safety and welfare of the public.