14 Del. C. § 4148 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4148
§ Â
        4148. Educational Equity Council.
Status: in_force

(a) The Educational Equity Council (Council) is formed for the purpose of providing input and oversight into the Education Equity Ombudsperson Program (Program) and to study and recommend solutions to ongoing or systemic equity problems.

(b) The Council is composed of the following voting members:

(1) One family member representative nominated by the chair of the Governor’s Advisory Council on Exceptional Citizens and appointed by the Chair of the House Education Committee.

(2) One member of the Delaware Hispanic Commission, nominated by the Delaware Hispanic Commission and appointed by the Governor.

(3) Two parents of children who attend Title I schools, nominated by not-for-profit community organizations engaged in education issues, and appointed by the Chair of the House Education Committee.

(4) One community representative nominated by not-for-profit community organizations engaged in education equity issues and appointed by the Chair of the Senate Education Committee.

(5) Two educators nominated by the Delaware State Education Association and appointed by the Chair of the House Education Committee, each of which meets at least 1 of the following criteria:

a. Has 1 or more children who are members of a class protected from discrimination under Delaware and federal laws and regulations.

b. Was as a child educated for a minimum of 6 years in a Delaware Title I school or was a child with a disability or whose first language was not English.

c. Is currently a classroom educator in a Title I school or is a special education certified classroom teacher or is an English language classroom educator specializing in teaching students whose first language is not English.

(6) Three members nominated by the NAACP Delaware State Conference of Branches, 1 from each county, and appointed by the Chair of the Senate Education Committee.

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

(8) Two members of the House of Representatives, 1 from the majority party and 1 from the minority party, appointed by the Speaker of the House.

(9) Two members of the Senate, 1 from the majority party and 1 from the minority party, appointed by the President Pro Tempore.

(10) A member of the Delaware Association of School Administrators, nominated by the Delaware Association of School Administrators and appointed by the Governor.

(11) A member of a school board appointed by the Chair of the Senate Education Committee.

(c) The Council is additionally composed of the following nonvoting members:

(1) A member of the Delaware State Education Association, appointed by the Chair of the House Education Committee.

(2) One school or district administrator of Title I programs nominated by the Delaware Association of School Administrators and appointed by the Chair of the Senate Education Committee.

(3) One school or district administrator of Title III programs nominated by the Delaware Association of School Administrators and appointed by the Chair of the House Education Committee.

(4) One school or district administrator of programs for students with disabilities nominated by the Delaware Association of School Administrators and appointed by the Chair of the Senate Education Committee.

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

(6) One school district chief financial officer nominated by the Delaware Association of School Business Officers and appointed by the Chair of the House Education Committee.

(7) A member of the Delaware Chief School Officers Association appointed by the Governor.

(8) A charter school leader appointed by the Governor.

(d) The public members of the Council shall serve for terms of 3 years; provided, however, that the initial terms may be of lengths of 1, 2, or 3 years in order to stagger the terms. A member appointed to the Council may continue to serve until such time as the member’s replacement has been appointed or the member’s term renewed. A member may serve no more than 2 consecutive terms, and then must be off of the Council for at least 3 years prior to being eligible for reappointment.

(e) The Secretary of State, or the Secretary’s designee, shall serve as the temporary chair of the Council and shall do all of the following:

(1) Set a date, time, and place for the initial organizational meeting.

(2) Notifying the individuals who are members of the Council of the formation of the Council and notifying those persons who are responsible for nominating or appointing a member.

(f) At the first meeting of the Council, the members shall elect a chair from among the voting members.

(g) The Department of State shall provide administrative support to the Council.

(h) The duties of the Council are as follows:

(1) To work with the Department of State to annually develop a request for proposal or renewal for the Program.

(2) To approve the awarding of the contract for the Program. The Council may appoint a subcommittee to review and consult with the Department of State on the award of the contract for the Program.

(3) To meet at least twice each year to review the operation and effectiveness of the Program.

(4) To provide recommendations to the Program to improve its effectiveness.

(5) To provide recommendations to the General Assembly and the Department of Education to improve equity in the public educational system.

(i) The Council may request, and the Department of Education shall provide, or work with districts and charters to provide, global data that is relevant to student equity. The provision of such data must comply with the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R Part 99.
14 Del. C. § 8241 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8241
§ Â
        8241. Adoption.
Status: in_force

The Interstate Compact for School Psychologists (“Compact”) is hereby enacted into law and entered into with all other jurisdictions joining therein, in substantially the same form as in this subchapter.
14 Del. C. § 1205 — Delaware Code / Title 14 / Chapter 12 / Subchapter I / Section 1205
§ Â
        1205. Professional Standards Board  [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) Recognizing that well-prepared, effective educators, paraprofessionals, and other student support and classroom personnel are critical to our students’ success and that those entrusted with the achievement of our students should have a voice in the development of policies that affect their profession, there is hereby established the Professional Standards Board. The intent of the General Assembly is that the Standards Board and the Department work in close coordination and collaboration to fully and effectively implement the purposes of this chapter. To this end, the Standards Board shall file reports on January 1, April 1, July 1, and October 1 of each calendar year with the General Assembly, the Governor, the State Board and the Department.

(b) The Standards Board shall develop rules and regulations relating to educators’ professional development, licensure requirements, and certification requirements. In addition, the Standards Board shall develop regulations relating to permit requirements for paraprofessionals and other student support and classroom personnel. The Department shall implement the rules and regulations promulgated and adopted pursuant to this chapter relating to licensure and certification of educators, permitting of paraprofessionals and other student support and classroom personnel, certification of evaluators, and as otherwise directed by rules and regulations developed under this chapter.
14 Del. C. § 4014 — Delaware Code / Title 14 / Chapter 40 / Section 4014
§ Â
        4014. Mediation.
Status: in_force

(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by 60 days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, within 60 days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations.

(b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than 30 days remain before the expiration date of the existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, more than 90 days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public school employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board and shall be representative of the public.

(c) If the labor dispute has not been settled after a reasonable period of mediation, during which both parties have made a good faith effort to settle their differences, the parties jointly or individually may petition the Board in writing to initiate binding interest arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding interest arbitration be initiated. The public school employer and the exclusive bargaining representative may initiate binding interest arbitration at any time, by mutual agreement.

(d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
14 Del. C. § 3701 — Delaware Code / Title 14 / Chapter 37 / Section 3701
§ Â
        3701. Report on destruction of school property.
Status: in_force

Wherever a public school building or the equipment thereof is damaged or destroyed by fire or other casualty, the local school district in which the school building is located shall, as soon as may be practicable, send to the Secretary of Education, with a copy to the State Risk Manager, a written communication giving detailed information respecting the fire or other casualty stating, among other things, the name of the school building and local school district where the fire or other casualty occurred and a description of the building and equipment with the cost or approximate value thereof.
14 Del. C. § 8904D — Delaware Code / Title 14 / Chapter 89D / Section 8904D
§ Â
        8904D. Range of awards.
Status: in_force

(a) Those individuals who are chosen Educational Support Professional of the Year in their respective school buildings shall be nominated for the district Educational Support Professional of the Year Award.

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

(c) The individual who is chosen state Educational Support Professional of the Year shall be awarded $3,000 in addition to the district level award.
14 Del. C. § 1216A — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1216A
§ Â
        1216A. Issuance and renewal of permits [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(a) The Department shall issue a permit to an individual who meets all of the following requirements:

(1) The individual’s role involves 1 of the following:

a. Paraprofessional.

b. Other student support personnel, including visiting teacher.

c. Substitute teacher hired as an employee of a school district or charter school.

d. Substitute teacher seeking certification.

e. Student teacher.

f. Year-long resident.

g. Specialist intern.

h. Classroom aide.

(2) The individual does not have a license issued under this chapter or an approved professional license issued under Title 24.

(3) The individual works at or seeks to be credentialed to work at a public school in Delaware and is in the school either part-time or full time.

(4) The individual has met education and training requirements for the permit as determined by the Department and the Standards Board.

(b) Permits are valid for up to 5 years unless revoked.

(c) Upon application, the Department shall renew a permit for an additional term if the permit holder has completed the specified renewal activities for that permit as required by the rules and regulations promulgated and adopted under this chapter. An intern permit may not be renewed but may be extended until the internship period is completed.
14 Del. C. § 3103A — Delaware Code / Title 14 / Chapter 31A / Section 3103A
§ Â
        3103A. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Collaborating agencies” means the Department of Health and Social Services, Department of Education, and Department of Services for Children, Youth and Their Families.

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

(3) “Developmental delay” means a significant delay in 1 or more of the following developmental domains:

a. Cognition.

b. Communication, expressive or receptive.

c. Physical, including hearing or vision.

d. Social emotional functioning.

e. Adaptive behavior.

(4) “Early intervention service” means a service that meets all of the following:

a. Is provided under public supervision.

b. Is provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees.

c. Is designed to meet the developmental needs of each eligible child with a developmental delay and the needs of the family related to enhancing the development of their child.

d. Meets all applicable federal and state standards.

e. Is provided by an early intervention service provider.

f. Is provided in conformity with an individualized family service plan adopted under § 3107A of this title and are selected in collaboration with the parent or guardian.

g. Are provided, to the maximum extent appropriate, in natural environments including the home and community settings in which children without disabilities participate.

h. Includes any of the following:

1. Family training.

2. Special instruction.

3. Speech language pathology and audiology.

4. Occupational therapy.

5. Physical therapy.

6. Psychological services.

7. Service coordination services.

8. Medical services, but only for diagnostic or evaluation purposes.

9. Early identification, screening, evaluation, and assessment services.

10. Health services specified by the lead agency as necessary to enable an eligible child to benefit from the other early intervention services.

11. Social work services, including counseling.

12. Vision services.

13. Assistive technology devices and services.

14. Transportation and related costs that are necessary to enable an eligible child or family to receive another service under this paragraph (4)h.

15. Nursing services.

16. Nutrition services.

17. Sign language or cued language services.

18. Other supportive services identified by the Department through regulation.

(5) “Early intervention service provider” means an individual who has the professional qualifications to provide an early intervention service as established by the lead agency under this chapter.

(6) “Eligible child with a disability” or “eligible child” means an individual from birth through 35 months of age and any of the following apply:

a. The child has a significant developmental delay, as measured by appropriate diagnostic instruments and procedures, including informed clinical opinion, in 1 or more of the following domains:

1. Cognitive development.

2. Physical development, including vision or hearing.

3. Communication development.

4. Social or emotional development.

5. Adaptive development.

b. The child is diagnosed with a physical or mental condition which has a high probability of resulting in developmental delay and the condition requires 1 or more of the services under paragraph (4)h. of this section.

(7) “Federal infants and toddlers program” or “IDEA” means the program established for infants and toddlers with disabilities under Part C of the Individuals with Disabilities Education Act, 20 U.S.C. § 1431 et seq.

(8) “Individualized family service plan” or “IFSP” means a written plan for providing early intervention services to an eligible child with a disability and the child’s family under § 3107A of this title.

(9) “Infant or toddler” or “child” means an individual from birth through 35 months of age.

(10) “Informed clinical opinion” means both clinical observations and parental participation to determine eligibility by a consensus of a multidisciplinary team of 2 or more members based on the team members’ professional experience and expertise.

(11) “Lead agency” means the state agency responsible for administering this chapter and receiving and disbursing public funds received in accordance with state and federal law and rules.

(12) “Service coordination” means a flexible process of interaction facilitated by a service coordinator to assist the family of an eligible child with a disability within a community to identify and meet the child’s needs. Service coordination must not duplicate any case management services which an eligible child with a disability or the child’s family are already receiving or eligible to receive from another source.
14 Del. C. § 518 — Delaware Code / Title 14 / Chapter 5 / Section 518
§ Â
        518. Oversight and revocation for multiple charter holders.
Status: in_force

For purposes of §§ 515 and 516 of this title, each charter held by a common board of directors shall be treated separately and individually.
14 Del. C. § 3003 — Delaware Code / Title 14 / Chapter 30 / Subchapter I / Section 3003
§ Â
        3003. Organization and composition.
Status: in_force

(a) The Governor shall appoint the members of the Delaware Early Childhood Council (ECC) based upon recommendation from the Interagency Resource Management Committee. The members of the ECC must meet the following criteria:

(1) Represent the racial, economic, and geographic diversity of the State.

(2) Serve for staggered, renewable terms of 3 years, except in the case of public employees continuing in the same designated position.

(3) Consist of the following members:

a. Three center-based early care and education providers.

b. One family-home-based early care and education provider.

c. One parent whose child participates in early childhood services.

d. One Delaware Head Start/Early Childhood Assistance Program Association representative.

e. One representative of a statewide early care and education resource and referral agency.

f. Two representatives from advocacy organizations focused on children’s health and well-being.

g. One representative of the Delaware Association for the Education of Young Children.

h. One public school district superintendent.

i. One higher education representative who also serves on the P-20 Council.

j. One business community representative.

k. Two community members.

l. One representative of the General Assembly.

m. The State Director of Head Start Collaboration.

n. A representative of the Delaware Department of Health and Social Services, representing children’s health and child care.

o. A representative of the Delaware Department of Services to Children, Youth and Their Families, representing child mental health and family services.

p. A representative of the Delaware Department of Education, representing child care licensing early childhood professional development, § 619 of the IDEA (20 U.S.C. § 1419), child care licensing, and state early learning guidelines.

q. The chair of the Interagency Coordinating Council, representing Part C of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1431 et seq.).

r. Nonvoting members must include the director of the Office of Early Learning, the chair of the Family Support Coordinating Council, and the director of the State’s Institute for Excellence in Early Childhood Education. The ECC may appoint nonvoting members and advisors to assist them in meeting their responsibilities.

(b) The Governor shall appoint a Chairperson from the nongovernmental members of the ECC, and who shall serve as a member of the State’s P-20 Council. The Chairperson shall coordinate the activities of the ECC. The Governor shall also appoint a Vice-Chairperson from the nongovernmental members of the ECC.
14 Del. C. § 6503 — Delaware Code / Title 14 / Chapter 65 / Section 6503
§ Â
        6503. Powers.
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 properties or facilities which are under the supervision, regulation and control of the Delaware State University 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 Delaware State University.
14 Del. C. § 1318 — Delaware Code / Title 14 / Chapter 13 / Section 1318
§ Â
        1318. Sick leave and absences for other reasons; accumulation of annual leave.
Status: in_force

(a) Teachers and other school employees shall be allowed 10 days of sick leave per year with full pay; those teachers and other school employees employed 11 months a year shall be allowed 11 days of sick leave per year with full pay; and those teachers and other school employees employed 12 months a year shall be allowed 12 days of sick leave per year with full pay. Any unused days of such leave shall be accumulated to the employee’s credit without limit.

(b) (1) In the case of a death in the immediate family of the employee, there shall be no reduction of salary of said employee for an absence not to exceed 5 working days.

(2) For purposes of this section, “immediate family” means any of the following:

a. The employee’s spouse or domestic partner.

b. The employee’s parent, stepparent, or child.

c. The parent, stepparent, or child of the employee’s spouse or domestic partner.

d. The employee’s grandparent or grandchild.

e. The employee’s sibling.

f. The spouse of the employee’s child.

g. A relative who resides in the employee’s household.

h. A minor child for whom the employee has assumed and carried out parental responsibilities.

(3) This absence shall be in addition to other leaves granted the employee.

(c) (1) In the case of a serious illness of a member of the employee’s immediate family that requires the employee’s personal attention, an employee may use accrued sick leave.

(2) An employee who needs sick leave under this subsection shall inform that employee’s own immediate supervisor of the fact and reason in advance, when possible, or otherwise before the expiration of the first hour of absence or as soon thereafter as practicable.

(3) The failure of an employee to comply with paragraph (c)(2) of this section may be cause for denial of pay for the period of absence.

(4) Before approving pay for sick leave, the supervisor may, at that supervisor’s discretion, require either a doctor’s certificate or a written statement signed by the employee setting forth the reason for the absence.

(5) In the case of an absence of more than 5 consecutive days, a doctor’s certificate is required as a condition of approval.

(d) (1) In case of the death of a near relative, there shall be no deduction in the salary of the employee for an absence not to exceed 1 working day.

(2) An absence under paragraph (d)(1) of this section may be used on the day of the funeral or the day before or the day after the funeral.

(3) For purposes of this subsection, “near relative” means any of the following:

a. The employee’s first cousin, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or grandparent-in-law.

b. Any friend living in the employee’s household.

(e) In the case of the observance of recognized religious holidays, an employee may be absent without loss of pay on no more than 3 calendar days per year. The days so lost are to be counted in the sick leave of the employee.

(f) (1) An employee may be absent without loss of pay no more than 5 days per fiscal year for personal reasons of the employee. These absences are included in the employee’s sick leave. The procedure for granting or denying a request to be absent for personal reasons is as follows:

a. Requests to be absent for personal reasons may be approved by building level administrators, provided that the building level administrator cannot ask the employee the reason for the request.

b. Requests that are being considered for denial shall be forwarded to the chief school officer or the local education agency human resources administrator designated for processing such requests. The chief school officer and the human resources administrator may ask the employee the reason for the request, provided that the employee is not required to provide the reason for the request.

c. A request to be absent for personal reasons may only be denied if school operational requirements cannot be met.

(2) a. An employee may be absent without loss of pay for any of the following reasons:

1. To appear under subpoena to testify, unless the employee is 1 of the parties in the proceeding or the subpoena arises from other employment or activities of the employee.

2. To report to serve on a jury.

b. The time an employee is absent under this paragraph (f)(2) is not an absence for personal reasons under paragraph (f)(1) of this section and does not count toward the days provided under paragraph (f)(1) of this section.

c. An employee shall notify the building level administrator in advance of the need to be absent under this paragraph (f)(2) and provide a copy of the subpoena or jury duty notification.

(g) An employee retired subsequent to June 1, 1969, after serving in covered employment under Chapter 55 of Title 29, shall, on retirement, be paid for each unused sick leave day, not to exceed 90 days. The total amount paid shall be based upon that portion of the salary computed in accordance with state schedules, regardless of the source of funding, and shall be based upon 50% of the per diem rate of pay in effect at the time of retirement. Effective July 1, 1986, in the event of the death of a teacher or other school employee, payment shall be made to that teacher’s or other school employee’s estate at the rate of 1 day’s pay for each day of unused sick leave not to exceed 90 days. Effective July 1, 1991, for school employees of the Department of Education and school district boards of education the per diem rate shall be 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule for those employed 10 months; for those employed 11 months the per diem rate shall be 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule; and for those employed 12 months, the per diem rate shall be 1/222 of the annual salary based on state salary schedule. The local employing agency shall certify the number of days to which the employee shall be entitled. This section also applies to retired Delaware State Police who return to state service as a teacher or other school employee, and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees’ Pension Plan to the extent such person did not utilize the 75-day maximum following retirement from the Delaware State Police.

(h) The maximum amount of annual leave which any employee shall be permitted to accumulate shall be 42 days. At the end of each fiscal year, the accumulated annual leave of each employee shall equal not more than 42 days. Where, prior to the end of a fiscal year, an employee has accumulated more than 42 days of annual leave, such annual leave shall be adjusted to 42 days at the end of such fiscal year.

(i) Effective September 1, 1991, the per diem rates used to pay retiring employees for accrued annual leave shall be identical to the per diem rates for sick leave contained in subsection (g) of this section.

(j) Any absence not covered under subsections (a) through (f) or (l) of this section is considered unexcused.

(k) A duly elected president of the Delaware State Education Association, as defined in Chapter 40 of this title, who requests a leave of absence without pay from a school board shall be granted a leave of absence by said school board from service for the duration of the elected term. Said employee shall be eligible to purchase health insurance for said employee's own self and eligible dependents and other state benefits at that employee’s cost during said leave of absence. Other duly elected officers of the Delaware State Education Association shall be granted 45 release days by the employing board to represent the Association for education-related business. The Association shall be responsible for the costs of substitute teachers when utilized to provide coverage for the elected officer. In addition, when the Association determines the need and makes a request for the hiring of a teaching partner, the duly elected officer shall be granted no less than 60 or more than 100 release days by the employing school board to represent the Association for education-related business. The teaching partner will be hired on a full-time and annual basis to ensure continuity of instruction during periods of time when the Association officer is engaging in education-related business as a representative of the Association. Release time granted pursuant to this section shall be in addition to other leaves granted the employee by this section. The Association shall be responsible for the cost incurred related to the hiring of the teaching partner.

(l) An employee is entitled to a maximum of 5 days of paid bereavement leave under the same circumstances set forth in § 5125 of Title 29.
14 Del. C. § 5306 — Delaware Code / Title 14 / Chapter 53 / Section 5306
§ Â
        5306. School of Agriculture â Division of Short Courses.
Status: in_force

There shall be given at the University a short course of instruction in agriculture. The course shall be arranged by the University and shall offer to on-campus or off-campus groups instruction in practical agriculture, horticulture, home economics and related subjects. Tuition for such short courses of instruction shall be free to all persons engaged in agricultural or horticultural pursuits in the State.
14 Del. C. § 6501 — Delaware Code / Title 14 / Chapter 65 / Section 6501
§ Â
        6501. Corporate status and membership.
Status: in_force

(a) Delaware State University, hereafter in this part referred to as “the University,” is and shall be a corporation.

(b) The members of the Board of Trustees of the University shall constitute the membership of the corporation.
14 Del. C. § 507 — Delaware Code / Title 14 / Chapter 5 / Section 507
§ Â
        507. Labor relations.
Status: in_force

(a) A public school may only be converted to a charter school by approval of the board of the school district in which it is located and that the charter application received the approval of over 50% of the teachers and over 50% of the parents residing in the attendance area of the school with a child or children under the age of 18 years, who, after 30 days prior written notice to all teachers and parents eligible to vote, attend a public meeting held for the specific purpose of voting on the proposed conversion; provided, however, that such approval shall not be required where a district school board converts a choice school or program with a specific career or academic subject matter focus already approved as of the effective date of this chapter to a charter school with the same focus. The employees of a school converted to a charter school who are not employed by the charter school shall be accorded the rights available to them under the provisions of their collective bargaining agreement and shall, to the extent permissible under their collective bargaining agreement, be given preference in filling positions in the school district.

(b) The employees of a school converted to charter status and who are employed by the charter school shall not be part of any bargaining unit which represented employees of the school while it was still part of the school district. Employees of charter schools shall have the same right to organize and bargain collectively as employees of other public schools. A bargaining unit shall not be deemed inappropriate under Chapter 40 of this title, simply because said unit is comprised of professional and nonprofessional positions within a charter school. A teacher may be a member of a bargaining unit and serve as a director of a charter school provided; however, that any teacher who is a director of a charter school shall recuse oneself from any board meeting, discussion or decision relating to the bargaining unit of which such teacher is a member.

(c) (1) Labor relations between the charter school and its employees shall be governed by Chapter 40 of this title, and a charter school and its employees may agree through the collective bargaining process to abide by other provisions of this title or Code.

(2) For the purposes of this section:

a. “Instructional administrator” means a charter school administrator who supervises and evaluates educators, instructs students by means of designing and implementing curriculum or who instructs, trains, mentors, or coaches teachers.

b. “Noninstructional administrator” means a charter school administrator whose role is to oversee and manage operational aspects of the school that focus on supporting the logistical and functional aspects of the school environment, and ensure that essential services and resources are effectively coordinated and utilized. A noninstructional administrator’s responsibilities may include finance, transportation, nutrition, facilities management, safety and security, human resources, and technology infrastructure.

c. “Qualified alternative certification program” means one which aligns with all requirements as specified in Chapter 12 of this title and its implementing regulations.

(3) Except as otherwise provided in this section, all educators, as the term is defined in Chapter 12 of this title, working in charter schools must be licensed and certified pursuant to Chapter 12.

a. Teachers. —

For any school year in which there is no qualified alternative certification for a specific content area, a charter school may, where it deems it beneficial to the success of its educational program, hire teachers that are not fully certified and licensed so long as such teachers have at least a bachelor’s degree in the content area in which they are teaching and comprise no more than 35% of the teachers at the school.

b. Administrators. —

Instructional administrators working in a charter school must be licensed and certified as administrators. Noninstructional administrators are not required to be licensed and certified as administrators pursuant to Chapter 12.

c. Specialists. —

Specialists working in a charter school must be licensed and certified as specialists pursuant to Chapter 12 of this title.

(4) Notwithstanding any provision to the contrary, the charter school administrator who reports directly to the charter board of directors shall not be required to be licensed or certified. A charter school may, where it deems it beneficial to the success of its educational program, request permission from the authorizer to hire more than 1 administrator who reports directly to the charter board of directors who is not licensed or certified. If the authorizer does not approve the request, the authorizer shall provide the rationale for the denial in writing explaining why granting the request is not in the best interest of the charter school’s educational program. In the case where the charter school administrator who reports directly to the charter board of directors is not licensed or certified, the charter school shall ensure there is at least 1 instructional administrator who is licensed and certified as an administrator to oversee instructional activities.

(d) At their request, teachers employed by any school district in the State, but not teachers employed by another charter school, shall be granted a 1-year leave of absence to teach in a charter school during the charter school’s first year of operation only or such leave as is provided in the collective bargaining agreement of the school district. At the end of that period, they shall be allowed to return to the school district with the same level of seniority as when they left to take the leave of absence, provided that they have not been terminated for cause while at the charter school, that they have given the school district notice of their intent to return on or before the April 15 preceding the school year in which they intend to return, and according to the provisions of their collective bargaining agreement in effect in the school district. This level of seniority shall also be used for determination of their tenure in accordance with Chapter 14 of this title. Notwithstanding any of the foregoing to the contrary, teachers who, prior to June 20, 2002, were granted a leave of absence to teach in a charter school shall be permitted to complete the full period of leave then granted. Effective March 15, 2002, and each succeeding year thereafter, teachers desiring to return to the local school district on a valid leave of absence shall notify such district of that teacher’s own intent in writing no later than March 15 of any year for the succeeding school year.

(e) A charter school may choose to be covered by the state retirement system established by Chapter 55 of Title 29 or choose another retirement system in lieu of the state retirement system. If the charter school chooses a retirement system other than the state retirement system, a memorandum of understanding must be executed as required by § 512(9) of this title.

(f) Effective March 1, 2002, and each succeeding year thereafter, charter school boards that desire to dispense with the services of any teacher on leave from a Delaware public school district shall give notice in writing to such teacher on or before March 1 of any year of its intent to terminate said teacher’s services at the end of such school year.
14 Del. C. § 3002B — Delaware Code / Title 14 / Chapter 30B / Section 3002B
§ Â
        3002B. Definitions.
Status: in_force

For the purpose of this chapter, “child-care facility” means all licensed facilities within the State where care is provided for children ages birth through 12 years. Licensure for programs providing services solely for children ages 13 years and older is voluntary.
14 Del. C. § 2911 — Delaware Code / Title 14 / Chapter 29 / Section 2911
§ Â
        2911. Safety standards for other vehicles.
Status: in_force

(a) After July 1, 1998, newly purchased and newly leased vehicles with a rated capacity, as defined by the manufacturer, to carry more than 10 passengers in addition to the driver that are used to transport preprimary, primary, and secondary pupils between home and school or to school-related events shall meet state and federal specifications and safety standards applicable to school buses. Contract charter buses meeting federal DOT standards may be used for field trips.

(b) This section does not impose any additional obligations on a school district, charter school, or the Delaware Transit Corporation with a contract under § 2901(c) of this title beyond those obligations otherwise imposed upon the Delaware Transit Corporations under federal and state law.
14 Del. C. § 3310 — Delaware Code / Title 14 / Chapter 33 / Section 3310
§ Â
        3310. Duties of State Board of Education in the area of vocational-technical education (career and technical education).
Status: in_force

The State Board of Education is the “eligible agency” and sole agency responsible for the supervision of administration of career and technical education for purposes of the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) [20 U.S.C. § 2301 et seq.], and any subsequent reauthorization thereof, and subject to its requirements and any implementing regulations. As used in this title, “career and technical education” shall have the same meaning as “vocational-technical education.”
14 Del. C. § 8105A — Delaware Code / Title 14 / Chapter 81A / Section 8105A
§ Â
        8105A. Operator prohibited activities [For applicability of chapter, see 80 Del. Laws, c. 149, Ââ2].
Status: in_force

An operator shall not knowingly engage in any of the following activities with respect to such operator’s internet website, online or cloud computing service, online application, or mobile application:

(1) Engage in targeted advertising on the operator’s, or any other, internet website, online or cloud computing service, online application, or mobile application when the targeting of the advertising is based upon any information, including student data and state-assigned student identifiers or other persistent unique identifiers, that the operator has acquired because of the use of an internet website, online or cloud computing service, online application, or mobile application as described in § 8102A(10)a. of this title.

(2) Use information, including state-assigned student identifiers or other persistent unique identifiers, created or gathered by an internet website, online or cloud computing service, online application, or mobile application as described in § 8102A(10)a. of this title, to amass a profile about a student except in furtherance of K-12 school purposes.

(3) Sell student data. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this chapter with respect to previously-acquired student data that is subject to this chapter.

(4) Disclose student data, unless the disclosure is made for any of the following reasons:

a. In furtherance of the K-12 school purposes of the internet website, online or cloud computing service, online application, or mobile application. The recipient of the student data disclosed for this reason shall not further disclose the student data unless done to allow or improve the operability and functionality within that student’s classroom or school, and is legally required to comply with the requirements of § 8104A of this title and paragraphs (1) through (3) of this section.

b. To ensure legal or regulatory compliance.

c. To respond to or participate in judicial process.

d. To protect the security or integrity of the operator’s internet website, online or cloud computing service, online application, or mobile application.

e. To protect the safety of users or others or security of the internet website, online or cloud computing service, online application, or mobile application.

f. To a service provider, provided that the operator, by contract, does all of the following:

1. Prohibits the service provider from using any student data for any purpose other than providing the contracted service to, or on behalf of, the operator.

2. Prohibits the service provider from disclosing to subsequent third parties any student data provided by the operator.

3. Requires the service provider to comply with the requirements of paragraphs (1) through (3) of this section and to implement and maintain the security procedures and practices as provided in § 8104A(1) of this title.

(5) Notwithstanding paragraph (4) of this section, an operator may disclose student data under the following circumstances, so long as paragraphs (1) through (3) of this section are not violated:

a. When another provision of state or federal law requires the operator to disclose the student data, and the operator complies with the requirements of applicable state and federal law in protecting and disclosing that information.

b. For legitimate research purposes:

1. As required by state or federal law and subject to the restrictions under applicable state or federal law.

2. As allowed by state or federal law and under the direction of a school district, school, or the Department, if no student data is used for any purpose in furtherance of advertising or to amass a profile on the student for purposes other than K-12 school purposes.

c. To a state agency, school district, or school, for K-12 school purposes, as permitted by state or federal law.

(6) Nothing in this section prohibits an operator from using student data for any of the following:

a. Maintaining, delivering, supporting, evaluating, or diagnosing the operator’s internet website, online or cloud computing service, online application, or mobile application.

b. Adaptive learning or customized student learning purposes.

(7) Nothing in this section prohibits an operator from using or sharing aggregate student data or de-identified student data for any of the following:

a. The development and improvement of the operator’s internet website, online or cloud computing service, online application, or mobile application, or other educational internet websites, online or cloud computing services, online applications, or mobile applications.

b. Within other internet websites, online or cloud computing services, online applications, or mobile applications owned by the operator, and intended for school district, school, or student use, to evaluate and improve educational products or services intended for school district, school, or student use.

c. To demonstrate the effectiveness of the operator’s products or services, including their marketing.
14 Del. C. § 3304 — Delaware Code / Title 14 / Chapter 33 / Section 3304
§ Â
        3304. Duties of Department of Labor â Rehabilitation Division.
Status: in_force

The Department of Labor shall:

(1) Make rules and regulations for the disbursing of funds provided for the vocational rehabilitation of persons with disabilities;

(2) Appoint and provide for the compensation of the personnel necessary to administer this chapter;

(3) Rehabilitate vocationally and place in remunerative occupations persons eligible for the benefits of this chapter;

(4) Make such rules and regulations necessary for the administration of this chapter;

(5) Report annually to the Governor on the administration of this chapter.
14 Del. C. § 1084 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1084
§ Â
        1084. Certificate of election; type and form; preservation of records.
Status: in_force

(a) The type and form of the certificate of election and all other school election documents shall be determined by the Commissioner of Elections, in consultation with the county Departments of Elections, and shall be uniform throughout the State.

(b) The several departments of elections shall have and retain custody of all books, maps, forms, oaths of office and of removal, blanks, instructions and all other records and supplies of every kind or description pertaining to any school election conducted by the respective department for 1 year following the close of the election.
14 Del. C. § 9216 — Delaware Code / Title 14 / Chapter 92 / Section 9216
§ Â
        9216. Chapter additional and supplemental to other laws; permissible rate of interest.
Status: in_force

(a) This chapter provides a complete, additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to, and the limitations imposed by this chapter do not limit or otherwise affect powers or rights conferred by, other laws, and the issuance of bonds and refunding bonds under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds.

(b) (1) Notwithstanding any other provision of law or charter, institutions may borrow money from the Authority, make education loans and take all other actions and do those things necessary or convenient to consummate the transactions contemplated under this chapter.

(2) The Authority may establish, contract for, charge and collect any amount or rate of interest or compensation with respect to Authority loans and participating institutions may contract for, charge and collect any amount or rate of interest or compensation with respect to education loans.
14 Del. C. § 1324 — Delaware Code / Title 14 / Chapter 13 / Section 1324
§ Â
        1324. Salary schedule for paraprofessionals [For application of this section, see 85 Del. Laws, c. 62, Ââ8(m)(6)].
Status: repealed

(a) Each service and instructional paraprofessional actually working and paid 10 months per year shall receive annual salaries in accordance with the following schedule, provided that the Step 1 of the salary schedule for Service Paraprofessionals to be equivalent to at least 85 percent of the Step 1 for Instructional Paraprofessionals, in accordance with the Public Education Compensation Committee report dated May 15, 2007:

(b) All paraprofessionals employed under (former) subsection (a) of this section (now repealed) who are employed for more than 10 months per year shall receive 1/10 of the amount specified in subsection (a) of this section in salary for each additional month of employment each year.

(c) Instructional or service paraprofessionals, paid under this section who have received an associate degree, completed a minimum of 60 semester credits or have successfully passed a comprehensive testing mechanism to be defined by the Department of Education, shall receive an annual salary supplement in the amount of $1,000. Any instructional or service paraprofessionals, paid under this section who have received a bachelor’s degree or higher shall receive an annual salary supplement in the amount of $2,000. Any paraprofessional who is eligible for both salary supplements shall receive the higher of the 2.

(d) The funds received by charter schools, through the Department of Education, associated with staff members who qualify for the salary supplement described in subsection (c) of this section shall be paid to such employees in accordance with subsection (c) of this section.

(e) The following shall apply to individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 2012:

(1) An instructional paraprofessional who was paid in accordance with step 1 or 2 for the fiscal year ending June 30, 2012, shall be paid at step 1 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(2) An instructional paraprofessional who was paid in accordance with step 3 or 4 for the fiscal year ending June 30, 2012, shall be paid at step 2 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(3) An instructional paraprofessional who was paid in accordance with step 5 or 6 for the fiscal year ending June 30, 2012, shall be paid at step 3 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(4) An instructional paraprofessional who was paid in accordance with step 7 or 8 for the fiscal year ending June 30, 2012, shall be paid at step 4 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(5) An instructional paraprofessional who was paid in accordance with step 9, 10 or 11 for the fiscal year ending June 30, 2012, shall be paid at step 5 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(6) An instructional paraprofessional who was paid in accordance with step 12, 13 or 14 for the fiscal year ending June 30, 2012, shall be paid at step 6 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(7) An instructional paraprofessional who was paid in accordance with step 15, 16 or 17 for the fiscal year ending June 30, 2012, shall be paid at step 7 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(8) An instructional paraprofessional who was paid in accordance with step 18, 19 or 20 for the fiscal year ending June 30, 2012, shall be paid at step 8 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(9) An instructional paraprofessional who was paid in accordance with step 21, 22 or 23 for the fiscal year ending June 30, 2012, shall be paid at step 9 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(10) An instructional paraprofessional who was paid in accordance with step 24, 25 or 26 for the fiscal year ending June 30, 2012, shall be paid at step 10 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(f) The following shall apply to individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 2012:

(1) A service paraprofessional who was paid in accordance with step 1 or 2 for the fiscal year ending June 30, 2012, shall be paid at step 1 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(2) A service paraprofessional who was paid in accordance with step 3 or 4 for the fiscal year ending June 30, 2012, shall be paid at step 2 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(3) A service paraprofessional who was paid in accordance with step 5, 6 or 7 for the fiscal year ending June 30, 2012, shall be paid at step 3 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(4) A service paraprofessional who was paid in accordance with step 8 or 9 for the fiscal year ending June 30, 2012, shall be paid at step 4 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(5) A service paraprofessional who was paid in accordance with step 10, 11 or 12 for the fiscal year ending June 30, 2012, shall be paid at step 5 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(6) A service paraprofessional who was paid in accordance with step 13 or 14 for the fiscal year ending June 30, 2012, shall be paid at step 6 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(7) A service paraprofessional who was paid in accordance with step 15, 16 or 17 for the fiscal year ending June 30, 2012, shall be paid at step 7 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(8) A service paraprofessional who was paid in accordance with step 18, 19 or 20 for the fiscal year ending June 30, 2012, shall be paid at step 8 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(9) A service paraprofessional who was paid in accordance with step 21, 22 or 23 for the fiscal year ending June 30, 2012, shall be paid at step 9 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(10) A service paraprofessional who was paid in accordance with step 24, 25 or 26 for the fiscal year ending June 30, 2012, shall be paid at step 10 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(g) For all instructional and service paraprofessionals beginning employment after July 1, 2012, experience credit, if any, pursuant to § 1312(e) of this title will be determined consistent with subsections (e) and (f) of this section.
14 Del. C. § 1105 — Delaware Code / Title 14 / Chapter 11 / Section 1105
§ Â
        1105. Summer inservice program.
Status: in_force

The Department of Education with State Board approval may provide for a summer program for Delaware teachers who are available to teach but who do not hold school certification in a critical curricular area. The Department of Education with State Board approval shall establish rules and regulations for the conduct of this program.
14 Del. C. § 4136 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4136
§ Â
        4136. Limitation of trans fats in food and beverage available or served to students in public schools [See 78 Del. Laws, c. 48, Ââ2, for applicability to certain contracts].
Status: in_force

(a) Public schools, including charter schools, and school districts, through a vending machine, school cafeteria or school food service establishment during school hours, shall not make available to students enrolled in kindergarten through grade 12 any food or beverage containing industrially produced trans fat, as defined in subsection (c) of this section, or use food containing industrially produced trans fat in the preparation of a food item served to those students.

(b) This section shall apply to all food and beverages sold on school grounds during regular school hours and the extended school day. The extended school day includes activities such as clubs, yearbook, band and choir practice, student government, drama, and childcare/latchkey programs. The extended school day does not include school-based events where parents, families, and the wider community constitute a significant portion of the attendees such as interscholastic sports, school plays and dramatic performances, or other similar school functions.

(c) For purposes of this section, a food contains industrially produced trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to United States Food and Drug Administration standards, lists the trans fat content as zero grams of trans fat per serving.
14 Del. C. § 9213 — Delaware Code / Title 14 / Chapter 92 / Section 9213
§ Â
        9213. Permissible investments.
Status: in_force

(a) Except as otherwise provided in this chapter, the Authority may invest funds in:

(1) Direct obligations of the United States;

(2) Obligations as to which the timely payment of principal and interest is fully guaranteed by the United States;

(3) Obligations of the federal intermediate credit banks, federal banks for cooperatives, federal land banks, federal home loan banks, federal national mortgage association and the government national mortgage association;

(4) Certificates of deposit or time deposits constituting direct obligations of any bank as defined by the laws of this State. However, investments may be made only in those certificates of deposit or time deposits in banks which are insured by the Federal Deposit Insurance Corporation or its successor if then in existence; and

(5) Withdrawable capital accounts or deposits of state or federal chartered savings and loan associations which are insured by the Federal Savings and Loan Insurance Corporation.

(b) Securities may be purchased at such time and at such prices as the Authority determines.
14 Del. C. § 9212 — Delaware Code / Title 14 / Chapter 92 / Section 9212
§ Â
        9212. Refunding bonds.
Status: in_force

(a) (1) The Authority may issue bonds to refund any bonds of the Authority then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase or maturity of the bonds. Refunding bonds may be issued for the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring, for alleviating impending or actual default and may be issued in 1 or more series in an amount in excess of that of the bonds to be refunded.

(2) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may be applied to the purchase or retirement at maturity or redemption of outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on a date determined by the Authority.

(b) (1) Any escrowed proceeds, pending use, may be invested and reinvested in direct obligations of the United States of America, maturing at a time or times appropriate to assure the prompt payment of the principal of and interest and redemption premium, if any, on the outstanding bonds to be refunded.

(2) The interest, income and profits, if any, earned or realized on any investment may also be applied to the payment of the outstanding bonds to be refunded.

(3) After the terms of the escrow have been fully satisfied and carried out, any balance of proceeds and interest, income and profits, if any, earned or realized on the investments shall be returned to the institution for use by it in any lawful manner.

(c) Refunding bonds shall be subject to this chapter in the same manner and to the same extent as other bonds issued under this chapter.
14 Del. C. § 1218 — Delaware Code / Title 14 / Chapter 12 / Subchapter II / Section 1218
§ Â
        1218. Limitation, suspension and revocation of licenses, certificates, or permits [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: repealed

(a) The Secretary may issue a public letter of reprimand, suspend, revoke, or limit a license, certificate, or permit that has been issued to any person pursuant to this chapter, for any of the following causes:

(1) Obtaining or attempting to obtain a license, certificate, or permit by fraudulent means or through misrepresentation of material facts.

(2) Falsifying official school records, documents, statistics, or reports.

(3) Knowingly violating any of the provisions of the state assessment system set forth in § 172 of this title.

(4) Pleading guilty or nolo contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree [§ 767 of Title 11].

(5) Pleading guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16.

(6) Immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty, or misconduct involving any cause for suspension or revocation of a license, certificate, or permit provided for in this section.

(7) [Repealed.]

(8) Having had a license, certificate, or permit suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which would be grounds for suspension or revocation under this section.

(b) Notwithstanding the provisions of subsection (a) of this section, the Secretary shall revoke a license, certificate, or permit if the license, certificate, or permit holder does any of the following:

(1) Pleads guilty or nolo contendere with respect to, or is convicted of any of the following:

a. Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16.

b. Any crime constituting a violent felony as defined in § 4201(c) of Title 11.

c. Any crime against a child constituting a felony, or unlawful sexual contact in the third degree (§ 767 of Title 11).

d. Any crime constituting a felony sexual offense.

e. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office.

(2) Commits a sexual offense against a child.

(3) [Repealed.]

(c) The Secretary may automatically suspend any license or permit without a prior hearing if the license or permit holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or for any crime against a child constituting a felony. A suspension under this subsection is effective on the date of the arrest or grand jury indictment.

(1) For a suspension under this subsection, the Secretary shall issue a written temporary order of suspension to the license or permit holder at that license or permit holder’s last known address.

(2) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license or permit holder employed by the district or charter school who it knows to have been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or for any crime against a child constituting a felony.

(3) A license or permit holder whose license or permit has been suspended pursuant to this subsection may request an expedited hearing before the Standards Board within 20 calendar days from the date the notice of the Secretary’s decision to temporarily suspend the license or permit holder’s license was mailed. In the event that the license or permit holder requests an expedited hearing in a timely manner, the Standards Board shall convene a hearing within 90 days of the receipt of such a request.

(4) If the license or permit holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined in § 4201(c) of Title 11 or any crime against a child constituting a felony, the Secretary shall proceed with revocation under subsection (b) of this section.

(5) If the license or permit holder is found not guilty of the underlying criminal charges, a nolle prosequi is entered on the record by this State, or the charges are otherwise dismissed by the court, the license or permit holder may file a written request for license or permit reinstatement, including documentation of the final status of the judicial proceeding, and their license or permit shall be reinstated. If the license or permit expired during the period of suspension, the holder of the former license or permit may reapply for the same tier license or permit that was suspended, but shall meet the license or permit requirements that are in effect at the time of application for the license or permit.

(6) An order of suspension under this subsection shall remain in effect until the final order of the Secretary or the Standards Board becomes effective.

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

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

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

(g) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license or permit holder who is dismissed, resigns, retires, or is otherwise separated from employment with that district or charter school after the local board of education or charter school board of directors provides to the license or permit holder notice of intent to terminate for misconduct that constitutes grounds for revocation or suspension under subsection (a), (b), or (c) of this section. Such report shall be made within 15 days of the dismissal, resignation, retirement, or other separation from employment and is required notwithstanding any termination agreement to the contrary that the local board of education or charter school board of directors may enter into with the license or permit holder. The reasons for the license or permit holder’s dismissal, resignation, retirement, or other separation from employment with the district or charter school shall also be provided along with all evidence that was reviewed by or is in the possession of the district or charter school relating to the dismissal, resignation, retirement, or other separation from employment. The Department shall give written notice to any license or permit holder of any notification received under this subsection to the license or permit holder’s last known address. Such notification shall be made within 15 days of receipt of the district or charter school’s report to the Department of misconduct under this subsection. The obligation to report also applies when a chief school officer or head of school acquires relevant information after a license or permit holder’s dismissal, resignation, retirement, or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may issue a letter of reprimand, limit, suspend, or revoke the chief school officer’s or head of school’s license. All information obtained from the chief school officer or head of school shall be confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). If after having received notice of intent to terminate for misconduct in office or immorality, a license or permit holder requests and prevails at a hearing, there is no required report to the Department.

(h) The Secretary may investigate any information received about a person that reasonably appears to be the basis for action under subsections (a) through (c) of this section. The Secretary shall not investigate anonymous complaints. The Department shall give written notice within a reasonable period of time to a license or permit holder of any investigation initiated hereunder to the license or permit holder’s last known address. All information obtained during an investigation is confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). The Secretary shall review the results of each investigation and shall determine whether the results warrant initiating action under subsection (a), (b), or (c) of this section. All final orders issued by either the Secretary or the Professional Standards Board under this section are public documents pursuant to § 10002 of Title 29.

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

(j) The Secretary may enter a consent agreement with a person against whom action is being taken under subsection (a), (b), or (c) of this section. A licensee or permit holder may surrender their license, certification, or permit through a consent agreement with the Secretary. Unless otherwise stated in the consent agreement and permitted under other applicable law, the Department must report the surrender of a license, certification, or permit to appropriate state and federal agencies and licensing data banks as a disciplinary action. The surrendered rights and privileges of a licensee and certification, or permit holder may not be reacquired.

(k) No action shall be taken against a person under subsection (a) or (b) of this section without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board. Notice shall be personally delivered or sent by certified mail to the person’s last known address. The license or permit holder shall have 30 calendar days from the date the notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this section, the burden of proof in a license or permit disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license or permit holder has engaged in misconduct as defined by subsections (a) and (b) of this section or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license or permit. At the conclusion of any such hearing, the Professional Standards Board shall issue a final order finding the facts as determined by the hearing and issuing a public letter of reprimand, revoking, suspending, or limiting the license, permit, or certificate, if appropriate. If no written request for a hearing is received by the Standards Board, the license or permit holder shall be issued a public letter of reprimand, or the license holder’s license or permit holder’s permit shall be deemed to be revoked, suspended, or limited in the manner set forth in the notice, and the holder shall be so notified.

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

(m) If any of the causes listed in subsection (a) or (b) of this section are determined, the Secretary or the Standards Board after a hearing, may put limitations on a license or permit that may include any of the following:

(1) Restrictions on the ages of students with whom the license or permit holder may work.

(2) Additional supervision requirements.

(3) Education, counseling, or psychiatric examination requirements.

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

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

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

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

b. The individual’s subsequent conduct and rehabilitation.

c. The individual’s present character.

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

(2) A former license or permit holder is entitled to a full and fair hearing before the Standards Board to challenge a denial of reinstatement pursuant to this subsection.

(3) A license or permit revoked under subsection (b) of this section or suspended under subsection (c) of this section may not be reinstated under this subsection. A license or permit revoked under paragraph (b)(1) of this section may only be reinstated pursuant to subsection (n) of this section and a license or permit suspended under subsection (c) of this section may only be reinstated pursuant to paragraph (c)(5) of this section or after a hearing before the Standards Board.

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

(q) Notice of the public letter of reprimand, limitation, revocation, suspension, or reinstatement of a license or permit shall be made by the Secretary, or the Secretary’s designee, to all chief state school officers of the other states and territories of the United States.

(r) All communications between a license or permit holder and the Department or Standards Board provided for in this section shall be by certified mail, with a return receipt or via electronic mail if requested by the license or permit holder.

(s) For the purpose of this section only, the term “license” shall include a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, an initial license issued pursuant to § 1210 of this title, a continuing license issued pursuant to § 1211 of this title, or an advanced license issued pursuant to § 1213 of this title.
14 Del. C. § 1309 — Delaware Code / Title 14 / Chapter 13 / Section 1309
§ Â
        1309. Administrative assistant classifications and salary supplement for additional training [For application of this section, see 84 Del. Laws, c. 295, Â 8(m)(6)].
Status: in_force

(a) The Department of Education shall establish rules and regulations for the assignment of an administrative assistant classification to personnel employed pursuant to § 1308 of this title who are not otherwise classified.

(b) An administrative assistant I, II, or III shall receive as a salary the amount for which the employee qualifies under § 1308(a) of this title, plus an annual amount for additional training as defined by the Department of Education as follows:
14 Del. C. § 3001 — Delaware Code / Title 14 / Chapter 30 / Subchapter I / Section 3001
§ Â
        3001. State Early Childhood Education Program.
Status: in_force

(a) For purposes of this section:

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

(2) “Preschool-age child” means a child who is not yet attending kindergarten or a higher grade.

(b) The Department is authorized to provide early childhood educational services to eligible children, as defined by the Department, using funds appropriated by the General Assembly for that purpose.

(c) Subject to the availability of appropriations, the Department shall provide free early childhood educational services for preschool-age children who satisfy the eligibility requirements developed by the Department.

(d) The early childhood educational services under subsection (c) of this section must be high quality and align with the quality standards developed under paragraph (g)(1) of this section in all the following categories:

(1) Learning environment and curriculum.

(2) Qualifications and professional development.

(3) Family and community partnerships.

(4) Management and administration.

(e) (1) The Department shall provide the early childhood educational services by contracting with public and private providers, including providers administering federal Head Start programs within this State.

(2) The Department may identify priorities when awarding contracts, including programs offering at least 6 hours per day of early childhood educational services.

(3) State funds paid to the contracting providers may not be used to supplant Delaware state- or federally funded programs or to make a federal Head Start provider ineligible for a Head Start expansion grant.

(4) A contract under this subsection may be in place for up to 5 years, including renewals, if there is sufficient funding contained within the annual appropriations act and the contractor adheres to program standards, as defined by the Department.

(5) A contract under this paragraph must comply with State procurement requirements under Chapter 69 of Title 29.

(f) Each contracting provider shall establish written agreements within the provider’s respective service area with the provider’s local Head Start, other Early Childhood Initiative contracting provider, or both, as well as the local school district, to address issues including service areas, recruitment, transition of children and families, and sharing resources and information.

(g) The Department shall establish a quality improvement system. The quality improvement system must measure the level of quality of service provided by an early care and education program to safeguard and ensure the growth, development, and learning of the children. The quality improvement system must do all of the following:

(1) Establish quality standards that build upon the child care licensing regulations and include quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration. The Department shall ensure that the quality improvement system standards are consistent with the regulations of the Office of Child Care Licensing.

(2) Ensure that the standards are based on research on best practice related to early care and education and that support children in being physically and emotionally healthy and eager to learn.

(3) Inform families and other purchasers of early care and education about the level of quality in a simple and easy-to-understand manner.

(4) Develop a quality improvement plan that informs participating early care and education programs of their strengths, weaknesses and strategies to improve the quality of their programs.

(5) Target resources to support and recognize programs as they work on implementing improvement plans and increasing the quality of services to children and families.

(6) Provide professional development and technical assistance to assist programs in accomplishing targeted improvements.

(7) Establish public-private partnerships to implement and sustain the quality improvement system including state agencies, higher education, adult education programs, early childhood organizations, and community-based agencies.

(8) Evaluate the quality improvement system to ensure continuous improvement of the system.

(h) The Interagency Resource Management Committee (IRMC) has administrative responsibility for all appropriations made to the Department under this section. This administrative responsibility includes all of the following:

(1) Determining unserved and underserved areas within the State, to be addressed in any given year. These identified areas will be specified within the Request for Proposal (RFP) issued to prospective providers.

(2) Reviewing, recommending and disbursing grant awards for contracts to qualifying providers to deliver early childhood educational services to preschool-age children who live in poverty.

(3) Reallocating unobligated or unspent appropriations made to the Department under this section.

(4) Verifying that the contracting providers use Delaware state funds paid to them for the purposes specified in their contracts.

(i) All public and private providers contracting with the Department under this section shall ensure that every employee receives a minimum of 1 hour of training every year in the detection and reporting of child abuse. The Division of Family Services shall prepare this training, and all materials used in the training.
14 Del. C. § 2307 — Delaware Code / Title 14 / Chapter 23 / Section 2307
§ Â
        2307. School building maintenance standards.
Status: in_force

(a) On or before January 1, 2024, the Department of Education shall develop the facilities evaluation instrument and inspection cycle in consultation with the Division of Public Health, experts in school facilities maintenance, district superintendents, the Delaware State Education Association, and the Delaware Association of State Administrators.

(b) The facilities evaluation instrument is used to determine if a school facility is in good repair. The facilities evaluation instrument must be designed to identify areas of a school site that are in need of repair based upon a thorough inspection of the site. The facilities evaluation instrument must include a standard of good repair and an evaluation detail component.

(c) The standard of good repair must include the following facility categories and provide a description of a minimum standard of good repair for various facility categories:

(1) Gas leaks.

(2) Mechanical systems.

(3) Sewer.

(4) Interior surfaces.

(5) Overall cleanliness.

(6) Pest or vermin infestation.

(7) Electrical (interior and exterior).

(8) Restrooms.

(9) Sinks and fountains (inside and outside).

(10) Water quality.

(11) Fire safety.

(12) Hazardous materials (interior and exterior).

(13) Structural damage.

(14) Roofs (observed from the ground, inside and outside the building).

(15) Windows, doors, gates, and fences (interior and exterior).

(16) Visible mold or mildew.

(d) The evaluation detail component must be designed to allow for the determination of the scope of conditions across the school campus. In evaluating each area or space, the user should review each of the categories identified in the standard of good repair and make a determination of whether a particular area is in good repair.

(e) A school district may contract out inspection services.

(f) Each school district shall annually present the completed inspection findings and assessments at a public school board meeting.

(g) By May 1 of each year, the superintendent will submit a report of facility inspection findings and a board-approved repair and maintenance plan to the Department of Education, the chairs of the Bond Committee, the chairs of the House and Senate Education Committees, the Director of the Office of Management and Budget, and the Controller General.
14 Del. C. § 124 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 124
§ Â
        124. Annual report.
Status: in_force

The Department shall submit to the Governor, each year on or before January 1, an annual report covering the needs of the public education system as identified in the School Profiles published pursuant to § 124A of this title and other studies of the public school system conducted by the Department. The annual report shall include recommendations for additional legislation and for changes in existing legislation. The recommendations shall be accompanied by prepared bills to be laid before the Governor and the General Assembly.

The annual report shall include an assessment of the performance of Delaware’s public school system using the information contained in the school profiles published pursuant to § 124A of this title and such other relevant information as is available. Such assessment shall address Delaware’s progress in promoting high student achievement for all students, the success of state and local educational initiatives, and the performance of the Department of Education.
14 Del. C. § 1508 — Delaware Code / Title 14 / Chapter 15 / Section 1508
§ Â
        1508. Citizen oversight of district finances.
Status: in_force

The Department of Education shall promulgate regulations by November 1, 2009, establishing procedures for appointment of citizen budget oversight committees for each of the public school districts and charter schools. These committees shall have full access either electronically or in hard-copy format to all financial documents and financial information in the possession of the school districts they are assigned to oversee, with redactions permitted only to protect confidential personal information regarding students or employees. Oversight committees shall have representation from parents, educators, and taxpayers residing in each of the public school districts, provided that in the case of charter schools membership on oversight committees shall consist of parents of students enrolled in the charter school, educators at the charter school, and representatives of the Delaware Department of Education. Where possible, oversight committees shall contain at least 2 members with formal educational or vocational backgrounds amenable to oversight of school district financial statements. The Department of Education shall provide training to committee members. The Department shall also promulgate regulations by November 1, 2009, dictating uniformity and transparency in the financial recording and bookkeeping practices of the school districts and charter schools.
14 Del. C. § 6507 — Delaware Code / Title 14 / Chapter 65 / Section 6507
§ Â
        6507. Donations; misnomer.
Status: in_force

Devises, bequests, grants and gifts to the University shall not be avoided by any misnomer if the description can be understood with reasonable certainty.
14 Del. C. § 409 — Delaware Code / Title 14 / Chapter 4 / Section 409
§ Â
        409. Transportation.
Status: in_force

(a) The parent of any child enrolled in a district other than the district of residence, or enrolled in a school within the district of residence other than the school in which the child would normally be enrolled based upon the residence of the child’s parent or parents, shall be responsible for transporting the child without reimbursement to and from a point on a regular bus route of the receiving district.

(b) A child in grades 6 through 12 may use an annual student bus pass under § 2901(c) of this title.
14 Del. C. § 1704 — Delaware Code / Title 14 / Chapter 17 / Section 1704
§ Â
        1704. Number of units in a school district; method of calculation; actual unit count; optional unit count.
Status: in_force

The number of units to be used in determining state financial support in each school district shall be calculated by the Department of Education each year in accordance with the procedures specified in this section.

(1) The number of units shall be calculated based upon the total enrollment of pupils in each school district as of the last school day of September. The total number of units by school district so determined shall be known as the “actual unit count.” The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title.

(2) Each calendar year, the State shall estimate the actual unit count for each school district that will be produced in September of the same calendar year. This estimate of the September unit count shall be completed no later than April 15 of each calendar year. The total number of units by school district so determined shall be known as the “estimated unit count.”

(3) With respect to state financial support described in this title that is based upon the actual unit count, Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding for each school district based upon the actual unit count derived in any calendar year shall not be less than 98% of the Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding that would have been generated by use of that calendar year’s estimated unit count.

(4) Each local school board shall allocate Division I units to schools in its district such that as of the last school day of October each school receives not less than 98% of the Division I units it generates as a result of the actual unit count. A local school board may waive this subsection after voting to waive it at a public meeting noticed for that purpose. Any local school board seeking such a waiver shall do so on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative, and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the local school board. Notice of any approved waiver shall be sent to the same persons.
14 Del. C. § 3426A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3426A
§ Â
        3426A. Maintaining eligibility.
Status: in_force

(a) A student must meet all of the following to maintain eligibility for grants under this subchapter once enrolled at an institution:

(1) Make steady academic progress toward a credential, earning not less than the minimum number of clock or credit hours required for full-time standing in each academic year.

(2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution.

(3) Maintain satisfactory academic progress in accordance with the institution’s financial aid policy, unless granted an exception for cause by the institution.

(4) Not have a felony conviction. The student must certify this fact. If the student is unable to so certify, whether due to minority or disability, the student’s parent, legal guardian, or relative caregiver shall make this certification on the student’s behalf.

(b) (1) A student who meets the eligibility requirements of this subchapter may participate in the Delaware Advance Scholarship Program for a period not to exceed 6 continuous semesters, not including any summer semester.

(2) Notwithstanding paragraph (b)(1) of this section, a student may not take more than 5 years to attain a credential.

(c) Notwithstanding other provisions of this subchapter, subsection (b) of this section does not apply to any of the following:

(1) A student who is a resident of this State and who acquired an intellectual disability within the developmental period between the ages of 18 and 21.

(2) A student who has lived in foster care under the jurisdiction of the Department of Services for Children, Youth, and Their Families at any point between the ages of 16 and 18, whether placed within this State or outside the State.
14 Del. C. § 1701 — Delaware Code / Title 14 / Chapter 17 / Section 1701
§ Â
        1701. Amount to be appropriated by General Assembly.
Status: in_force

The General Assembly shall make provision for the annual payment to the free public schools of the State an amount which shall amply provide for the items authorized by this title and those additional items that the General Assembly deems appropriate.
14 Del. C. § 2403 — Delaware Code / Title 14 / Chapter 24 / Section 2403
§ Â
        2403. Job duties.
Status: in_force

Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.
14 Del. C. § 519 — Delaware Code / Title 14 / Chapter 5 / Section 519
§ Â
        519. Charter school board training.
Status: in_force

(a) (1) In order to best understand the educational and legal issues involved in special education due process hearings, each member of a charter school board of directors must complete training at the beginning of that member’s term on a charter school board concerning special education due process hearings.

(2) In order to understand and fulfill the requirements of office, each charter school board member must complete training on all of the following at the beginning of that member’s term on a charter school board:

a. Requirements for charter school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29.

b. Best practices regarding the conduct of meetings, including the use of rules of order.

c. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29.

(b) (1) The Department of Education (Department) shall establish through regulations, the criteria, material, and method of the training required under paragraph (a)(1) of this section. The delivery of the training may be delegated to or purchased from another entity.

(2) a. The Department must identify trainings on the topics required under paragraph (a)(2) of this section.

b. Each charter school is responsible for offering the trainings required under paragraph (a)(2) of this section to members of the charter school board of directors. The delivery of the training may be delegated to or purchased from another entity.

(3) The training required under subsection (a) of this section must be offered virtually at least twice a year.

(c) The president of a charter school board of directors shall inform each newly-elected or appointed member of the board of directors of the obligation to complete training under subsection (a) of this section. By January 15 each year, the president of a charter school board of directors shall send a letter to any board member who has not completed the training required under subsection (a) of this section by January 1 following the board member’s election or appointment.

(d) The training and notices required under this section may be combined with the training and notices required for financial responsibility training under § 1803 of this title.
14 Del. C. § 2304 — Delaware Code / Title 14 / Chapter 23 / Section 2304
§ Â
        2304. Financing and construction funded before Code recodification.
Status: in_force

The School Building Program Acts of 1951, and 1949, being Chapter 148 of Volume 48, Laws of Delaware, and Chapter 2 (Second Special Session) of Volume 47, Laws of Delaware (pages 1076 to 1090), are continued in full force and effect and shall govern the financing and construction of the school building programs and projects dealt with therein.
14 Del. C. § 8527 — Delaware Code / Title 14 / Chapter 85 / Section 8527
§ Â
        8527. Incorporated institution.
Status: in_force

Any applicant seeking incorporation under Title 8 in order to conduct a private business or trade school within the State shall first seek approval as an applicant to conduct a business or trade school in accordance with this chapter. Upon approval of such applicant and the issuance of a certificate to conduct a private business or trade school, the Department of Education shall notify the Secretary of State of such approval. At any time that a certificate of approval is denied or revoked by the Department of Education, the applicant for that certificate shall no longer be authorized to conduct classes as a private business or trade school in the State, other provisions of a corporate charter notwithstanding.
14 Del. C. § 8506 — Delaware Code / Title 14 / Chapter 85 / Section 8506
§ Â
        8506. Signing of application.
Status: in_force

Each application for a certificate of approval shall be signed by the applicant. If the applicant is a partnership, it shall be signed by each member thereof. If the applicant is a corporation, it shall be signed by any officer thereof.
14 Del. C. § 4141 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4141
§ Â
        4141. Holocaust instruction.
Status: in_force

(a) (1) Each school district and charter school serving students in 1 or more of the grades 6 through 12 shall provide instruction on the Holocaust and genocide at least 1 time in each grade.

(2) The instruction required under paragraph (a)(1) of this section may be provided through any of the following:

a. An existing course that meets state standards.

b. Curricula developed or identified by the school district or charter school.

c. Curricula developed by the United States Holocaust Memorial Museum.

(b) The study of the Holocaust serves as a frame of reference and prepares students to learn about other genocides throughout history. The study of the Holocaust and genocide is intended to do all of the following:

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

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

(3) Reaffirm the commitment of free peoples to never again permit such occurrences.

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

(1) Prepare students to confront the immorality of the Holocaust, genocide, slavery, and other acts of mass violence and to reflect on the causes of related historical events.

(2) Develop students’ respect for cultural diversity and help students gain insight into the importance of the protection of international human rights for all people.

(3) Promote students’ understanding of how the Holocaust contributed to the need for the term “genocide” and led to international legislation that recognized genocide as a crime.

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

(5) Provide students with opportunities to contextualize and analyze patterns of human behavior by individuals and groups who belong in 1 or more categories, including perpetrator, collaborator, bystander, victim, and rescuer.

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

(7) Preserve the memories of survivors of genocide and provide opportunities for students to discuss and honor survivors’ cultural legacies.

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

(9) Explore the various mechanisms of transitional and restorative justice that help humanity move forward in the aftermath of genocide.

(d) In establishing and implementing a curriculum on the Holocaust and genocide under this section, a school district or charter school may consult with organizations that have the primary purpose of providing education about the Holocaust, including the Halina Wind Preston Holocaust Education Committee of the Jewish Federation of Delaware.

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

(f) (1) No later than June 20 each year, each school district and charter school shall report to the Department of Education regarding how the school district or charter school implemented the requirements under this section.

(2) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.
14 Del. C. § 4006 — Delaware Code / Title 14 / Chapter 40 / Section 4006
§ Â
        4006. Public Employment Relations Board.
Status: in_force

(a) There is hereby established a board to be known as the “Public Employment Relations Board,” the purpose of which shall be to administer this chapter under rules and regulations which it shall adopt and publish. The Board shall be organizationally located within the Department of State; however, in the performance of its powers and duties under this chapter, the Board shall not be subject to control, supervision or direction by the Department of State or by an officer thereof.

(b) The Board shall consist of 3 members to be appointed by the Governor, subject to confirmation by the Senate, from persons representative of the public. One member shall be designated by the Governor as Chair, and the Chair shall serve a fixed term. Not more than 2 members of the Board shall be members of the same political party. Each member shall be appointed for a term of 6 years, except that the initial appointments shall be: 1 member shall be appointed for a term that shall expire 2 years following the effective date of this chapter, 1 member for a term that shall expire 4 years following the effective date of this chapter, and the Chair for a term that shall expire 6 years following the effective date of this chapter. A member appointed to fill a vacancy shall be appointed for the unexpired term of the member whom the appointed member is to succeed. Any member of the Board may be removed by the Governor for misfeasance, malfeasance or nonfeasance in office, after a hearing before an impartial designee of the Governor. A vacancy in the Board shall not impair the right of the remaining members to exercise all the powers of the Board. Two members of the Board shall, at all times, constitute a quorum, but official orders shall require concurrence of a majority of the Board. Board members shall be eligible for reappointment.

(c) Members of the Board shall be knowledgeable in the area of labor relations and shall possess the reputation for integrity and impartiality necessary to protect the public interest.

(d) Members shall hold no other public office or employment by the State or other public agency or public employer, or be an officer or employee of any public employee labor organization or any of its affiliates, or represent any public employer or public employee organization or its affiliates; however, this restriction shall not be interpreted to exclude persons who are knowledgeable in employment relations, public administration or labor law so long as they are not actively engaged, other than as a member, in any management or employee organization.

(e) The Chair of the Board shall receive a per diem stipend of $110, and each of the other members shall receive a per diem stipend of $100. Each member of the Board shall be reimbursed for actual and necessary travel and subsistence expenses when performing Board business away from that member’s place of residence.

(f) The Board shall appoint an Executive Director who shall be the chief administrative officer. The Executive Director shall be a person familiar with employer-employee relations. In addition to the performance of administrative duties, the Board may delegate to the Executive Director authority with respect to, but not limited to, bargaining unit determination and representation proceedings, unfair labor practice proceedings, mediation of labor disputes, and binding interest arbitration proceedings. Such delegation shall not limit a party’s right to appeal to the Board. The Executive Director, with such assistance as may be provided by the Attorney General and such additional legal assistance which, from time to time, may be necessary, shall have authority on behalf of the Board, when necessary, to carry out or enforce any action or decision of the Board, to petition any court of competent jurisdiction for any order requiring compliance with the action or decision.

(g) The Board may employ such other persons as it may, from time to time, find necessary for the proper performance of its functions within the amounts made available through appropriations therefor, and may prescribe their duties and fix their compensation.

(h) To accomplish the objectives and to carry out the duties prescribed in this chapter, the Board shall have the following powers:

(1) To issue, amend and rescind such rules and regulations as it deems necessary to carry out this chapter and to prevent any person from engaging in conduct in violation of this chapter. Such rules and regulations shall be adopted in accordance with Chapter 101 of Title 29.

(2) To hold hearings, subpoena witnesses, administer oaths and take the testimony or deposition of any person under oath, and in connection therewith, to issue subpoenas requiring the production and examination of any books or papers, including those of the State and/or a board of education relating to any matter pending before it, and to take such other action, including the granting of interim or other relief as may be necessary to discharge its powers and duties. In no case, however, should it be empowered, either directly or through a fact-finder, to mandate to the public school employer action which involves an economic cost to the public school employer.

(3) To conduct in any part of this State any proceeding, hearing, investigation, inquiry or election necessary to the performance of its functions. In carrying out the purposes of this chapter, the Board may designate 1 of its members or an agent or agents as hearing examiner or examiners.

(4) To provide by rule a procedure for the filing and prompt disposition of petitions for a declaratory statement as to the applicability of any provision of this chapter or any rule or order of the Board. Such procedures shall provide for, but not be limited to, an expeditious determination of questions relating to potential unfair labor practices and to questions relating to whether a matter in dispute is within the scope of collective bargaining.

(5) To request from any public agency such assistance, services and data as will enable the Board to properly carry out its functions and powers.

(6) At the end of each year, to make a report in writing to the Governor and the General Assembly and detail the work it has done in hearing and deciding cases.

(7) To adopt an official seal and prescribe the purposes for which it shall be used.
14 Del. C. § 4122 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4122
§ Â
        4122. Parentâs failure to attend school conference with superintendent; subpoena to compel attendance.
Status: in_force

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

(b) When a parent fails to attend, participate or respond to a public school or charter school superintendent’s request for a conference to discuss matters involving alleged violations of school rules or regulations by the parent’s child, the public school or charter school superintendent or the superintendent’s designee may request that the Justice of the Peace Court issue a subpoena to compel the presence of the parent at a conference with the superintendent.

(c) Prior to the issuance of a subpoena to compel the presence of a parent, the superintendent or a designee must provide evidence that the superintendent or a designee has:

(1) Made a reasonable attempt to schedule the conference at a time that does not conflict with the employment hours of the parent; and

(2) Sent written notice of the conference by regular United States mail to the address of record of the parent, which notice shall include the reason for the conference and a statement that failure to schedule or attend the conference may result in the issuance of a subpoena.

(d) After verifying that the superintendent or a designee has sent the required notice, the Justice of the Peace Court may, in its discretion, issue a subpoena pursuant to Justice of the Peace Civil Rule 18 which shall compel the presence of the parent at a conference with the superintendent.

(e) If a parent fails to obey a subpoena properly served under this section, the superintendent may file a motion for an order holding the parent in contempt of court. The Justice of the Peace Court shall have jurisdiction over this matter. A parent found guilty of contempt for failure to appear at a conference after receiving a subpoena may be ordered by the Court to attend school with the student, attend family counseling, and/or comply with such other conditions as the Court may order.

(f) Proceedings against a parent of a suspended or expelled child may also be filed pursuant to subchapter II of Chapter 27 of this title for each day that the child is absent beyond the period of suspension or expulsion without a valid excuse as a result of the parent’s failure to attend or schedule a conference after having received notification of the suspension or expulsion.
14 Del. C. § 3401A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3401A
§ Â
        3401A. Purpose.
Status: in_force

There is hereby created the Delaware Student Excellence Equals Degree, hereafter referred to as “SEED”, program. Under this subchapter, qualified, college-bound state resident students are relieved of the burden of paying undergraduate tuition at Delaware Technical and Community College, or the University of Delaware, Associate in Arts Program provided that these students meet the criteria set forth in this subchapter and are enrolled in a credit or noncredit program leading to the award of a recognized academic credential or pursuing studies leading to an associate degree at Delaware Technical and Community College. Students who qualify under this subchapter shall not have to repay the State because it is the intent and purpose of the General Assembly, through this subchapter, to help ensure that Delaware students stay in high school, excel academically, and have better access to higher education regardless of a family’s financial circumstances and therefore payments under this program shall be grants, not loans.
14 Del. C. § 8243 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8243
§ Â
        8243. Definitions.
Status: in_force

As used in this subchapter:

(1) “Active military member” means any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve.

(2) “Adverse action” means disciplinary action or encumbrance imposed on a license by a state licensing authority.

(3) “Alternative program” means a nondisciplinary, prosecutorial diversion, monitoring, or practice remediation process entered into in lieu of an adverse action which is applicable to a school psychologist and approved by the state licensing authority of a member state in which the participating school psychologist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues may be referred in lieu of an adverse action.

(4) “Commissioner” means the individual appointed by a member state to serve as the representative to the Commission for that member state.

(5) “Compact” means this School Psychologist Interstate Licensure Compact.

(6) “Continuing professional education” means a requirement, imposed by a member state as a condition of license renewal to provide evidence of successful participation in professional educational activities relevant to the provision of school psychological services.

(7) “Criminal background check” means the submission of fingerprints or other biometric information for a license applicant for the purpose of obtaining that applicant’s “criminal history record information,” as defined in 28 C.F.R. § 20.3, and the state’s “criminal history record repository” as defined in 28 C.F.R. § 20.3.

(8) “Doctoral-level degree” means a graduate degree program that consists of at least 90 graduate semester hours in the field of school psychology including a supervised internship.

(9) “Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program, including temporary or provisional licenses.

(10) “Executive Committee” means the Commission’s Chair, Vice Chair, Secretary and Treasurer and any other Commissioners as may be determined by Commission rule or bylaw.

(11) “Equivalent license” means a license to practice school psychology which a member state has identified as a license which may be provided to school psychologists from other member states pursuant to this Compact.

(12) “Home state” means the member state that issued the home state license to the licensee and is the licensee’s primary state of practice.

(13) “Home state license” means the license that is not an encumbered license issued by the home state to provide school psychological services.

(14) “License” means a current license, certification, or other authorization granted by a member state’s licensing authority that permits an individual to provide school psychological services.

(15) “Licensee” means an individual who holds a license from a member state to provide school psychological services.

(16) “Member state” means a state that has enacted this Compact and been admitted to the Commission in accordance with the provisions in this Compact and Commission rules.

(17) “Model compact” means the model language for the School Psychologist Interstate Licensure Compact on file with the Council of State Governments or other entity as designated by the Commission.

(18) “Practice of school psychology” means the delivery of school psychological services.

(19) “Qualifying national exam” means a national licensing examination endorsed by the National Association of School Psychologists and any other exam as approved by the rules of the Commission.

(20) “Qualifying school psychologist education program” means an education program which awards a specialist-level or doctoral-level degree or equivalent upon completion and is approved by the rules of the Commission as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified, and able to engage in the practice of school psychology.

(21) “Remote state” means a member state other than the home state where a licensee holds a license through this Compact.

(22) “Rule” means a regulation promulgated by an entity, including but not limited to the Commission and the state licensing authority of each member state, that has the force of law.

(23) “School psychological services” means academic, mental and behavioral health services including assessment, prevention, consultation and collaboration, intervention, and evaluation provided by a school psychologist in a school, as outlined in applicable professional standards as determined by Commission rule.

(24) “School psychologist” means an individual who has met the requirements to obtain a home state license that legally conveys the professional title of school psychologist, or its equivalent as determined by the rules of the Commission.

(25) “School Psychologist Interstate Licensure Compact Commission” or “Commission” means the joint government agency established by this Compact whose membership consists of representatives from each member state that has enacted this Compact, and as further described in § 8248 of this title.

(26) “Scope of practice” means the procedures, actions, and processes a school psychologist licensed in a state is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency.

(27) “Specialist-level degree” means a degree program that requires at least 60 graduate semester hours or equivalent in the field of school psychology including a supervised internship.

(28) “State” means any state, commonwealth, district, or territory of the United States of America.

(29) “State licensing authority” means a member state’s regulatory body responsible for issuing licenses or otherwise overseeing the practice of school psychology.

(30) “State specific requirement” means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state.

(31) “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted practice of school psychology.
14 Del. C. § 3425A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3425A
§ Â
        3425A. Grant awards.
Status: in_force

(a) An institution shall establish and implement its own procedures to award grants to students who meet the eligibility requirements of this subchapter, subject to appropriations for such purpose.

(b) (1) An institution’s procedures under subsection (a) of this section must include a procedure to determine priority among students if the amount of grants requested by students who meet the eligibility requirements of this subchapter exceeds the appropriation.

(2) An institution’s procedure under paragraph (b)(1) of this section may include consideration of financial need and academic achievement.

(c) An institution’s grant awards may not exceed the available appropriation for each fiscal year.

(d) Beginning with the 2018 through 2019 academic year, an institution shall disburse its grant awards as follows:

(1) A student who meets the eligibility requirements of this subchapter and who is not receiving any other financial assistance specifically designated for tuition and other regularly assessed fees, not including loans, may receive a grant equal to the full amount of tuition charged by the institution.

(2) A student who meets the eligibility requirements of this subchapter and who is receiving other financial assistance specifically designated for tuition and other regularly assessed fees may receive a grant in the amount of the difference between the amount of tuition charged by the institution and the amount of the other financial assistance available to the student.

(3) a. If a student meets the eligibility requirements of this subchapter, an institution may renew a grant made under this subchapter.

b. Notwithstanding paragraph (d)(3)a. of this section, the total amount of grants awarded under this subchapter to a student over the course of a student’s education may not exceed the total amount of grants awarded to a student under subchapter XIV of this chapter over the course of that student’s education.

(e) 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 student’s eligibility for grant assistance, and may withdraw a grant award. The State may recover a grant award made as the result of deliberate fraud through an action at law.

(f) A student may not use grants awarded under this subchapter for courses or other postsecondary units repeated or taken in excess of the requirements for completion of the program credential.
14 Del. C. § 603 — Delaware Code / Title 14 / Chapter 6 / Section 603
§ Â
        603. Exceptions and claims.
Status: in_force

(a) This chapter shall not apply when the payment or acceptance of such tuition charge is contrary to any educational program involving the use of federal matching funds which prohibits the payment or acceptance of such tuition.

(b) Section 602(a) and (b) of this title shall not apply to children with disabilities as defined in Chapter 31 of this title. Such children shall be subject to § 604(a) and (b) of this title.

(c) When a student has transferred to a new district pursuant to the voluntary transfer provisions, the sending district shall immediately upon request of the receiving district transfer the student’s records to the receiving district.
14 Del. C. § 3455 — Delaware Code / Title 14 / Chapter 34 / Subchapter VI / Section 3455
§ Â
        3455. Extent of benefit.
Status: in_force

(a) The per student benefits granted under this subchapter may not exceed the amount of tuition and fees per academic year.

(b) Benefits shall be limited to 4 years of training or education.

(c) If the student attends an institution according to the priority sequence outlined above, the benefit shall be equal to the amount of tuition and fees. If the student chooses to attend a Delaware private institution when that student’s major is offered at a Delaware public institution, or if the student chooses to attend an out-of-state institution when that student’s major is offered at a Delaware public institution and/or a Delaware private institution, the amount of the benefit shall be equal to the tuition and fees of:

(1) The average tuition and fees of the Delaware public institutions which offer the major; or

(2) The average tuition and fees of the Delaware private institutions which offer the major, if it is not offered at a Delaware public institution.
14 Del. C. § 9138 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9138
§ Â
        9138. Signing and sealing bonds.
Status: in_force

The bonds must be signed by the president of the College, or the chair, and 1 other member of the Board. The Board may adopt a seal to be used in the execution of the bonds. The Board may, in lieu of the signatures required by this section, authorize by special resolution that the signatures of the individuals required to sign the bonds may be engraved or facsimiles of the signatures printed or otherwise transcribed upon the bonds. If such engraved or facsimile signatures are authorized and engraved, printed, or otherwise impressed upon the bonds, the signatures have the same effect as written signatures.
14 Del. C. § 208 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 208
§ Â
        208. Digital recording of board meetings.
Status: in_force

All boards of education of public school districts, vocational-technical high school districts, and all boards of directors of charter schools shall digitally record all of their public meetings and shall make the recordings available to the public on the districts’ or charter schools’ websites within 7 business days of each meeting. These recordings shall remain available on the website for at least 1 year after their posting on the website. These recordings are not official board minutes, but are a means to enhance communication to the public and to state legislators. The requirements of this section do not apply to board executive sessions, or workshops and retreats where no voting will take place.
14 Del. C. § 1108A — Delaware Code / Title 14 / Chapter 11A / Section 1108A
§ Â
        1108A. Rules and regulations [Transferred].
Status: in_force

Transferred to § 3437(h) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 2103 — Delaware Code / Title 14 / Chapter 21 / Section 2103
§ Â
        2103. Temporary use of funds.
Status: in_force

The school board of any district may advance funds which by law may be used only for stated purposes and which are not immediately required for the purpose or purposes for which the same were raised, or otherwise made available for the purpose or purposes for which an issue of bonds has been authorized. Suitable records shall be kept of the temporary diversion of such funds. Such funds shall be made again available to the district from the proceeds of such bonds, or from the proceeds of the sale of bond anticipation notes issued in anticipation of the sale of such bonds.
14 Del. C. § 4144 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4144
§ Â
        4144. Pupil identification cards; publication of safety hotline numbers [For application of this section, see 83 Del. Laws, c. 404, Â 3; and 84 Del. Laws, c. 108, Â 3].
Status: in_force

(a) All public schools serving pupils in grades 7 to 12 that issue pupil identification cards shall have printed on either side of the pupil identification card the following public safety telephone or text numbers:

(1) National Suicide Prevention Lifeline: Call or text “988”.

(2) National Domestic Violence Hotline: 1-800-799-7233 (SAFE).

(3) Crisis Text Line:Text “DE” to 741741.

(b) All public schools serving pupils in grades 7 to 12 that issue pupil identification cards, in addition to printing the required public safety numbers, listed in subsection (a) of this section, on the pupil identification cards, may also print the following telephone or text numbers:

(1) National Sexual Assault Hotline: 1-800-656-4673(HOPE).

(2) Teen Dating Violence Hotline:1-866-331-9474 or Text “loveis” to 22522.

(3) Stop Bullying Now Hotline: 1-800-273-8255(TALK).

(c) In the event any of the numbers listed in subsection (a) or (b) of this section have been updated the most updated numbers shall be printed on the pupil identification card.

(d) If a public school has unissued pupil identification cards, that do not comply with the requirements of subsection (a) of this section, the school may continue to issue the identification cards until they are depleted.
14 Del. C. § 3440 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3440
§ Â
        3440. Purpose.
Status: in_force

It is the intent and purpose of the General Assembly through this subchapter to provide scholarships to deserving Delaware students in memory of elected officials and other distinguished citizens who served the State with distinction and for whom recognition through an education endowment is a fitting memorial. To this end, the General Assembly hereby establishes the Memorial Scholarship Fund.
14 Del. C. § 1306 — Delaware Code / Title 14 / Chapter 13 / Section 1306
§ Â
        1306. Salary schedule for chief school officers.
Status: in_force

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

(b) Each reorganized school district may employ 1 superintendent to be paid from state funds in accordance with subsection (a) of this section. Such superintendent shall not be charged against the allotment of any personnel provided by this chapter or Chapter 17 of this title.

(c) In the event any school district is appropriated state funds for salaries of a number of administrative or supervisory personnel in excess of that specifically required by this section and § 1307 of this title, the number of administrative assistants provided under subsection (b) of this section for such district shall be reduced by a like number, but not less than 2.
14 Del. C. § 3109A — Delaware Code / Title 14 / Chapter 31A / Section 3109A
§ Â
        3109A. Procedural safeguards.
Status: in_force

The Department shall provide procedural safeguards which include all of the following:

(1) Provide the opportunity for a parent to resolve complaints through mediation and an impartial, timely administrative hearing where the burden of proof rests with the respondent agency.

(2) Maintain the confidentiality of personally identifiable information.

(3) Provide the option to accept or decline early intervention services without jeopardizing eligibility for other early intervention services.

(4) Provide a parent the opportunity to examine and obtain copies of relevant records either without charge, or, if authorized by departmental regulation, at a fee that does not exceed actual cost.

(5) Ensure the appointment of a surrogate decision-maker if the State has custody of an eligible child or the child’s parent cannot be identified or located.

(6) Provide prior written notice to a child’s parent if a participating agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, or placement of an eligible child or the provision of early intervention services.

(7) Procedures to ensure that notice required under paragraph (6) of this section fully and effectively informs parents of the procedural safeguards under this section.

(8) Procedures to ensure, in the absence of contrary agreement, the continuation of early intervention services during the pendency of any proceeding or action involving a complaint by a parent or, in the context of initial application, provision of services not in dispute.
14 Del. C. § 7108 — Delaware Code / Title 14 / Chapter 71 / Section 7108
§ Â
        7108. Consolidated districts.
Status: in_force

A district library commission located in a consolidated school district and responsible for the operation of more than 1 library may request the Resident Judge to appoint separate library commissions for each library in that district. Upon written request from the consolidated district library commission, the Resident Judge will make the number of appointments necessary to establish individual commissions for those libraries hitherto served by a consolidated commission, using those members currently serving on the consolidated commission as representatives of their library as nuclei for the new commissions. Upon such appointment of separate district library commissions the consolidated district library commissions shall cease to exist.
14 Del. C. § 1081 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1081
§ Â
        1081. Official record.
Status: in_force

(a) The Commissioner of Elections, in consultation with the county Departments of Elections, shall promulgate a Voter Eligibility Affidavit for Public School Elections that all voters in public school elections shall complete before voting. The aforesaid affidavit shall be printed as a 1-part form. The Commissioner of Elections and the county Departments of Elections shall at least once every 2 years meet to review the Voter Eligibility Affidavit for Public School Elections. Upon approval of a new version of the affidavit, existing supplies of affidavits shall be used until exhausted.

(b) As soon as possible after the close of a public school election the Department of Elections conducting the election shall check for persons who voted more than once by putting the completed Voter Eligibility Affidavits for Public School Elections into alphabetic order. The department shall refer any instances of persons voting more than once in a public school election to the Attorney General.

(c) The Department of Elections conducting the election shall make the affidavits available to the respective school district upon request and at no cost. The Department may satisfy this requirement by providing a copy of the affidavits to the school district. School districts that receive affidavits from a department shall return them to the Department no later than 90 days after receiving them.

(d) The affidavits and all other records of a public school election shall be retained for 5 years and then destroyed.
14 Del. C. § 4113 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4113
§ Â
        4113. Authority of school crossing guards to ensure safety of pupils.
Status: in_force

Where school crossing guards are employed by a school district, the guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross streets or highways safely. In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company car is responsible for the violation.
14 Del. C. § 2736 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2736
§ Â
        2736. Payment to Woods Haven School for Girls.
Status: repealed

Repealed by 76 Del. Laws, c. 280, § 423, effective July 1, 2008.
14 Del. C. § 8903E — Delaware Code / Title 14 / Chapter 89E / Section 8903E
§ Â
        8903E. Procedure.
Status: in_force

Each year every school district throughout this state shall conduct a study to determine those behavioral health professionals who are deserving of the title “Behavioral Health Professional of the Year” from that district. One Behavioral Health Professional of the Year may be selected to represent all of the charter schools in the State. The selection process will follow the guidelines developed by the Department of Education which includes input from behavioral health professionals, administrators and Department of Education staff. After the districts make their selections, the state-wide Behavioral Health Professional of the Year shall be selected following the current guidelines.
14 Del. C. § 9003C — Delaware Code / Title 14 / Chapter 90C / Section 9003C
§ Â
        9003C. Consideration of criminal history; prohibited acts; disclosure of policy.
Status: in_force

(a) (1) Except as provided in this subsection, an academic institution shall not inquire about an applicant’s criminal history on an initial application form or at any time during the admissions process prior to the institution’s decision relative to the prospective student’s acceptance for admission.

(2) An academic institution may inquire on an initial application form about an applicant’s criminal conviction history relative to any conviction for an offense of stalking or a “sexual offense” as defined in § 761 of Title 11 or an offense under the laws of another state or under any military, territorial, foreign, tribal, or federal law that is equivalent to any of these offenses. If the institution elects to deny admission based on any such conviction, it shall notify the applicant, who may appeal the decision to the entity within the institution that considers the institution’s disciplinary matters.

(b) (1) After an applicant has been accepted for admission, an academic institution may make inquiries relative to the applicant’s criminal conviction history, not limited to the offenses enumerated in paragraph (a)(2) of this section, for the following purposes:

a. Offering supportive counseling and services.

b. Making decisions relative to the student’s participation in campus life and determining if the institution will limit such participation.

(2) An institution may make such inquiries when obtaining secondary information, including information pertaining to immunizations, financial aid, or housing. If an institution elects to make such inquiries, the institution shall consider all of the following:

a. The nature and gravity of the criminal conduct and whether it bears a direct relationship to a particular aspect of a student’s participation in campus life, including campus residency and campus activities.

b. The time that has passed since the occurrence of the criminal conduct.

c. The age of the student at the time of the conduct underlying the criminal conviction.

d. Any evidence of rehabilitation or good conduct produced by the student.

(3) After an applicant has been accepted for admission, an institution may consider the applicant’s criminal conviction history if the applicant applies for or enrolls in a teacher preparation program or other program, offered by the institution, for which information pertaining to the applicant’s criminal conviction history is disclosed to a state agency in connection with a licensing or certification process. The purpose of such consideration shall be limited to the offering of counseling as provided in paragraph (c)(1) of this section.

(c) (1) An academic institution shall not deny based solely on criminal conviction history admission to or continuation in an academic program designed to prepare a student for a career that requires an occupational license or a teaching certificate. The institution shall offer counseling relative to the licensing or certification requirement in order to assist a student in making an informed decision about pursuing such a program.

(2) Academic institutions may consider criminal conviction history if information pertaining to such history is provided on an application that is designed by a national application service, tailored for admission to a specific degree program and used by postsecondary education institutions in multiple states.

(d) Each academic institution shall publish any policy adopted pursuant to this section on its publicly accessible website or, if no policy has been adopted, a statement describing the academic institution’s compliance with this section.
14 Del. C. § 2409 — Delaware Code / Title 14 / Chapter 24 / Section 2409
§ Â
        2409. Assignment of duties.
Status: in_force

Excluding the education associate to operate the Prison Educational Program and 1 secretary, all other employees shall be assigned and perform their duties within the grounds of a correctional facility.
14 Del. C. § 1705A — Delaware Code / Title 14 / Chapter 17 / Section 1705A
§ Â
        1705A. Maximum student-instructor ratio requirements.
Status: in_force

(a) The ratio of students to instructors in any class in kindergarten or grades 1-3 in a Delaware public school shall not exceed 22 students as of the last school day of October. In calculating such ratio, a classroom instructional aide shall count as equal to half a teacher. This subsection shall only apply to a class within which students are instructed in the core academic subjects of English/Language Arts, mathematics, science and social studies.

(b) The Department of Education shall provide technical assistance to any school district seeking assistance in allocating its Division I, Division III, Comprehensive Discipline Program, and local operating funding in such a manner as to accomplish class sizes equal to or lower than those required by this section.

(c) A local school board may waive subsection (a) of this section after voting to waive such subsection at a public meeting noticed for that purpose. Any local school board vote on such a waiver shall occur on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the school board. Notice of any approved waiver shall be sent to the same persons.

(d) The State Auditor shall, in cooperation with the Department of Education, monitor compliance with this section in the audits of the boards of education of the schools district conducted pursuant to § 1504 of this title.
14 Del. C. § 8001 — Delaware Code / Title 14 / Chapter 80 / Section 8001
§ Â
        8001. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Owner” means the registered owner of such vehicle on record with this or any state; provided, however, that in the event that the owner is a vehicle leasing company, the “owner”, for purposes of this chapter, shall mean the person shown on the records to be the lessee of such vehicle. “Owner” does not include vehicle rental companies.

(2) “Red Clay Consolidated School District personnel” means an employee or contractor of Red Clay School District. “Red Clay Consolidated School District personnel” does not include any of the following:

a. A law-enforcement officer as defined in § 9200(b) of Title 11.

b. An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility.

(3) “School bus safety camera system” means a camera placed on the exterior of a school bus that is designed to capture a recorded image that clearly identifies the license plate number of the motor vehicle that fails to stop when a school bus is stopped and displays flashing lamps to take on or discharge school children.

(4) “School district” means Red Clay Consolidated School District.
14 Del. C. § 4510 — Delaware Code / Title 14 / Chapter 45 / Section 4510
§ Â
        4510. Rules and regulations.
Status: in_force

The Department shall adopt and promulgate such rules and regulations as will be necessary for the implementation of the Grow Your Own Educator Program authorized by this chapter.
14 Del. C. § 1056 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1056
§ Â
        1056. School property; use, control and management.
Status: in_force

(a) As used in this section:

(1) “School equipment” as used in this section shall be deemed to mean, and to include, but not be limited to: kitchen equipment, projection equipment, office machines, laboratory equipment, industrial arts equipment, art equipment, home economics equipment, playground equipment, pools and scoreboards.

(2) “School property or school facilities” means buildings and land.

(b) All property, estate, effects, money, funds, claims and state donations vested by law in the public school authorities of any public school district prior to June 3, 1968, for the benefit of the public schools of such district, shall be under the control, management and custody of the school board of such district subject to § 1047 of this title. Any real and personal estate granted, conveyed, devised or bequeathed, or which may hereafter be granted, conveyed, devised or bequeathed on or after June 3, 1968, for the use of any public school district, shall be held in trust by the school board for the benefit of the public schools of the respective district. Such grants, bequests or money invested in trust for the use of any public school district shall be exempt from all state, county and local taxes.

(c) The control, management and custody of school property and school equipment in all public school districts shall be subject to the laws of this State, the rules and regulations of the Department of Education and the rules and regulations of the school boards of the respective school districts. Each school board shall adopt a set of rules and regulations governing the use of school property and school equipment within the respective district subject to the provisions hereinafter set forth.

(d) The primary purpose for the use of school property is the education of children and youth. The use of such property for purposes other than the primary purpose shall not be permitted whenever such use would interfere with the primary purpose. Any scheduled public school activity, whether taking place during the school day or otherwise, shall have precedence over any other activity for the use of such property. However, in order to encourage the citizens of any community to participate in worthwhile community activities, a school board shall consider any written request by 10 citizens of the respective district, or a recognized community organization, for the use of school property in such district for purposes other than the primary purpose. The decision of such school board regarding the granting of such requests shall be based upon a consideration of the following conditions, paragraphs (d)(1) through (3) of this section, listed in order of importance:

(1) The facility requested for use has not been scheduled for use at the time requested;

(2) The use of the facility requested will be beneficial to children and youth and consistent with the program of education of the school district;

(3) The use of the facility requested will serve a purpose that is educational, cultural, civic, political or recreational;

(e) A local school board may permit the use of school property or school equipment under its jurisdiction free of charge for any school-sponsored organization, such as parent teacher organizations, as well as specified nonprofit organizations (including any youth group designated in Title 36 of the United States Code as a patriotic society). A local school board may also permit the use of school property or school equipment under its jurisdiction free of charge for any specified governmental agency. In order to be eligible to use school property and school equipment free of charge, a school-sponsored organization, a specified nonprofit organization or a specified governmental agency must be individually designated and approved by the local school board and must comply with all other building use policies approved by the local school board. A local school board may, however, adopt a policy charging school-sponsored organizations, nonprofit organizations and governmental agencies for costs incurred in excess of normal operations. Other organizations, including for-profit organizations, which receive approval to use school property and/or school equipment, shall be charged an amount at least equal to the costs incurred in excess of normal operations. Such costs shall be determined by the local school board, and shall include custodial salaries, other employment costs, heat, lighting and other identifiable operational costs. It shall be the local school board’s responsibility to calculate these costs so that all excess costs are recovered and to maintain appropriate documentation of such calculations, which shall be subject to audit. Any fee schedule developed by the local school board shall be in accordance with the provisions of this title and Title 29. All such fees collected by a local school board shall be retained by the school district to be used as local funds for any permissible educational purpose.

(f) Any school board may refuse to permit the use of any school property under its jurisdiction for any purpose which, in its discretion, would tend to interfere with the program of the public schools or would not be in harmony with the purposes of public education in such matters as character building, the development of unprejudiced social attitudes and the training of pupils for responsible citizenship. Any dispute which may arise because of the refusal of any school board to permit the use of any school property under its jurisdiction to any organization or group of citizens shall be reviewed by appeal, in writing, to the State Board of Education.

(g) Any group of citizens permitted to use school property shall be responsible for any damages done to such property over and above the ordinary wear. The extent of such damage shall be determined by the school board having control over such property.

(h) Any school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.

(i) All public schools receiving an appropriation of state funds shall be governed by this section as a condition for the receipt of such state funds.
14 Del. C. § 313 — Delaware Code / Title 14 / Chapter 3 / Section 313
§ Â
        313. Transfers; eligibility; periods of ineligibility.
Status: in_force

(a) Immediate eligibility. —

(1) A student who transfers schools is immediately eligible to participate in an interscholastic athletic sport in which the student has not previously participated, upon enrollment at the student’s receiving school.

(2) A student who transfers schools is immediately eligible to participate in an interscholastic athletic sport in which the student has previously participated, upon enrollment at the student’s receiving school, if all of the following apply:

a. The student did not participate in the interscholastic athletic sport during the previous 180 school days.

b. The student is released from the student’s sending school.

c. The student has completed the enrollment process into the student’s receiving school.

d. The student is pursuing an approved course of study at the student’s receiving school.

e. The student meets all other Association eligibility requirements.

(3) A student who is placed with the Department of Children, Youth and their Families is immediately eligible to participate in an interscholastic athletic sport upon enrollment at the student’s receiving school.

(4) First transfer; immediate eligibility. —

A student who has participated in interscholastic athletics at the high school level during the previous 180 school days may transfer 1 time to an Association member school and be immediately eligible to participate in interscholastic athletics at the student’s receiving school, if both of the following criteria are met:

a. The student’s transfer is before the earliest allowable start date of the fall interscholastic athletic sport season of the student’s third year of eligibility at the high school level.

b. The student does not participate in a contest in the same interscholastic athletic sport for different schools during the same school year.

(b) Subsequent transfers; period of ineligibility. —

(1) A student is subject to a period of ineligibility of 30 days or ½ of the maximum number of contests, whichever is less, for each interscholastic athletic sport in which the student participated during the previous 180 school days, if either of the following apply:

a. The student has already transferred schools at least 1 time. A student under this paragraph is not eligible to participate in the interscholastic athletic sport’s post-season.

b. The student transfers after the earliest allowable start date of the fall interscholastic athletic sport season of the student’s third year of eligibility at the high school level.

(2) A period of ineligibility under this subsection begins on the receiving school’s first day of competition for the relevant interscholastic athletic sport.

(3) To calculate the maximum number of contests under paragraph (b)(1) of this section, the Association shall round down to the nearest whole number if the number of contests is not divided evenly.

(c) Applicability. —

Sections 313, 314, 315, and 316 of this title apply to all of the following:

(1) A student enrolled in grades 9 through 12.

(2) Each student at each level of participation in an interscholastic athletic sport, not only the varsity level.

(3) Each Association-sanctioned sport in which a student who transfers schools participated during the 180 school days preceding the transfer.

(d) Tracking form. —

The receiving school of a student seeking eligibility to participate in interscholastic athletics must submit to the student’s sending school a tracking form to initiate the eligibility process. The sending school shall complete the tracking form and submit the completed form to the receiving school and the Executive Director. The tracking form must indicate whether immediate eligibility applies or which, if any, of the exceptions under § 314 of this title apply.
14 Del. C. § 1027 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1027
§ Â
        1027. Consolidation of reorganized or vocational-technical school districts; referendum; qualified voters; list of taxable property; bonds of vocational-technical school districts; school boards of consolidated school districts.
Status: in_force

(a) The State Board of Education may, when in its judgment it is practicable and desirable, consolidate 2 or more reorganized school districts which are contiguous, in accordance with this section.

(b) In cases other than consolidation of reorganized vocational-technical school districts, the State Board of Education shall, by means of referendum conducted by the school board of the reorganized school districts affected, submit the question of consolidation to the voters of the reorganized school districts affected. The State Board of Education shall specify in advance the effective date of consolidation. The question of consolidation shall be determined by the majority of the total vote in each of the reorganized school districts affected, and the result shall be immediately certified to the State Board of Education in accordance with other provisions of this chapter. If approved by referendum in each of the reorganized school districts affected, the consolidated school district shall be constituted and established as of the effective date of consolidation.

(c) In the case of any consolidation of reorganized vocational-technical school districts, the State Board of Education shall, provided the school boards of the vocational-technical districts affected by such consolidation have adopted resolutions favoring such consolidation, constitute and establish such consolidated vocational-technical school district as of the effective date of consolidation.

(d) If consolidation is by referendum, the State Board of Education shall post a notice of the proposed referendum for consolidation at the school or schools in the reorganized districts affected and in at least 10 other prominent and conspicuous places in each of the reorganized districts affected at least 20 days prior to the date of the referendum. The notice of referendum shall distinctly state the following:

(1) That in case the consolidation is effected, the obligations evidenced by bonds of each of the consolidating districts shall become the common obligation of all of the residents of the consolidated district and the principal and interest on the outstanding bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated district;

(2) That the rate of tax for current expenditures not including Division III in the consolidated district shall not be in excess of the highest rate that was authorized in any of the reorganized school districts to be consolidated, without a new referendum to authorize such taxation;

(3) That, in the event of consolidation, all obligations evidenced by bonds issued by the consolidated district after consolidation shall become the common obligation of the residents of the consolidated district.

(e) If consolidation is by referendum, every person qualified to vote under § 1077 of this title may vote, and §§ 1078, 1079 and 1085 of this title shall apply to such referendums.

(f) If consolidation is by referendum, the school board for the consolidated school district shall be responsible for preparing and maintaining the list of taxable property and capitations for each of the respective school districts in accordance with paragraph (d)(1) of this section, as each was constituted prior to consolidation and at the time the obligations evidenced by bonds were issued and shall continue to levy the taxes to pay for the principal and interest on the bonded indebtedness of each such school district, and the receiver of taxes and county treasurer or their successors shall deposit such tax moneys in the approved manner provided elsewhere in this title for the account of the consolidated district. The school board of the consolidated district shall keep such records and accounts as are necessary showing the receipts from such taxes and payments made on bonded indebtedness of each such school district as was constituted prior to consolidation.

(g) In the case of any consolidation of reorganized vocational-technical school districts where any of the school districts so consolidating have outstanding obligations evidenced by bonds, such obligations after consolidation shall become the common obligation of all the residents of the consolidated vocational-technical school district and the principal and interest on the bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated vocational-technical school district.

(h) All property, real and personal, of the school districts consolidating shall upon consolidation become the property of, and vest by operation of law in, the consolidated school district, and all indebtedness and obligations of the districts consolidating shall become the indebtedness and obligations of the consolidated district. The rights of any bondholders shall not be impaired by reason of anything contained in this section.

(i) The school board of any school district consolidated under this section shall be created and constituted in accordance with § 1065 of this title.

(j) Any consolidated school district created under this section shall be operated and maintained as other school districts reorganized under this chapter and all laws in this State relating to school districts reorganized under this section shall apply to such consolidated school districts.

(k) This section shall apply only with respect to reorganized school districts constituted and established in accordance with this chapter and shall not be deemed to alter or affect in any way former § 1108 of this title with respect to school districts consolidating on or before June 30, 1969.
14 Del. C. § 9002E — Delaware Code / Title 14 / Chapter 90E / Section 9002E
§ Â
        9002E. Advanced placement examination policy.
Status: in_force

(a) Each institution shall adopt and implement a policy granting undergraduate course credit to incoming students for all advanced placement examinations upon which a student receives a score of 3 or higher for any similarly-correlated course offered by the institution.

(b) The institution may require a score higher than 3 if the credit is to be used for meeting a course requirement for a particular major or program at the institution. If a student’s score of 3 or higher on an advanced placement examination does not satisfy a course requirement for a particular major or program, the student shall receive course credit for that examination in an area outside of the student’s particular major or program area.

(c) Each institution must publish on its website a list determining the number and type of credits awarded for each advanced placement examination score available for institutional credit.
14 Del. C. § 162A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 162A
§ Â
        162A. Applicability.
Status: in_force

A. Except as otherwise provided in subsection B. of this section, this compact shall apply to the children of:

(1) Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211;

(2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of 1 year after medical discharge or retirement; and

(3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of 1 year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

(1) Inactive members of the national guard and military reserves;

(2) Members of the uniformed services now retired, except as provided in subsection A. of this section;

(3) Veterans of the uniformed services, except as provided in subsection A. of this section; and

(4) Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
14 Del. C. § 309 — Delaware Code / Title 14 / Chapter 3 / Section 309
§ Â
        309. Secretary; powers and duties.
Status: in_force

The Association is a unit of the Department. The Secretary shall promulgate regulations necessary to establish the Association as a unit of the Department.
14 Del. C. § 3305 — Delaware Code / Title 14 / Chapter 33 / Section 3305
§ Â
        3305. Cooperation with Industrial Accident Board.
Status: in_force

The Department of Labor and the Industrial Accident Board shall formulate a plan of cooperation to become effective when approved by the Governor.
14 Del. C. § 1909- 1910 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1909- 1910
§ ÂÂ
        1909, 1910.  Certifying and declaring result of election; recount.
Status: repealed

Repealed by 74 Del. Laws, c. 122, § 46, effective July 8, 2003.
14 Del. C. § 8227 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8227
§ Â
        8227. Establishment of the Interstate Teacher Mobility Compact Commission.
Status: in_force

(a) The interstate Compact member states hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission:

(1) The Commission is a joint interstate governmental agency comprised of states that have enacted the Interstate Teacher Mobility Compact.

(2) Nothing in this interstate Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings. — (1) Each member state shall have and be limited to 1 delegate to the Commission, who shall be given the title of Commissioner.

(2) The Commissioner shall be the primary administrative officer of the state licensing authority or their designee.

(3) Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed.

(4) The member state shall fill any vacancy occurring in the Commission within 90 days.

(5) Each Commissioner shall be entitled to 1 vote about the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners’ participation in meetings by telephone or other means of communication.

(6) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(7) The Commission shall establish by rule a term of office for Commissioners.

(c) The Commission shall have the following powers and duties:

(1) Establish a Code of Ethics for the Commission.

(2) Establish the fiscal year of the Commission.

(3) Establish bylaws for the Commission.

(4) Maintain its financial records in accordance with the bylaws of the Commission.

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

(6) Promulgate uniform rules to implement and administer this interstate Compact. The rules shall have the force and effect of law and shall be binding in all member states. In the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law.

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

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state, or an associated nongovernmental organization that is open to membership by all states.

(10) Hire employees, elect, or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.

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

(13) Establish a budget and make expenditures.

(14) Borrow money.

(15) Appoint committees, including standing committees composed of members and such other interested persons as may be designated in this interstate Compact, rules, or bylaws.

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

(17) Establish and elect an Executive Committee.

(18) Establish and develop a charter for an Executive Information Governance Committee to advise on facilitating exchange of information; use of information, data privacy, and technical support needs, and provide reports as needed.

(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this interstate Compact consistent with the state regulation of teacher licensure.

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

(d) The Executive Committee of the Interstate Teacher Mobility Compact Commission. — (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this interstate Compact.

(2) The Executive Committee shall be composed of 8 voting members:

a. The Commission chair, vice chair, and treasurer.

b. Five members who are elected by the Commission from the current membership:

1. Four voting members representing geographic regions in accordance with Commission rules.

2. One at large voting member in accordance with Commission rules.

(3) The Commission may add or remove members of the Executive Committee as provided in Commission rules.

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

(5) The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the rules or bylaws, changes to the Compact legislation, fees paid by interstate Compact member states such as annual dues, and any Compact fee charged by the member states on behalf of the Commission.

b. Ensure Commission administration services are appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

e. Monitor compliance of member states and provide reports to the Commission.

f. Perform other duties as provided in rules or bylaws.

(6) Meetings of the Commission. — a. All meetings shall be open to the public, and public notice of meetings shall be given in accordance with Commission bylaws.

b. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

1. Noncompliance of a member state with its obligations under the Compact.

2. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures.

3. Current, threatened, or reasonably anticipated litigation.

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

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

6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

8. Disclosure of investigative records compiled for law enforcement purposes.

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

10. Matters specifically exempted from disclosure by federal or member state statute.

11. Others matters as set forth by Commission bylaws and rules.

c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

d. The Commission shall keep minutes of Commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

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

b. The Commission may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

c. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission, in accordance with the Commission rules.

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

e. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to accounting procedures established under Commission bylaws. All receipts and disbursements of funds of the Commission shall be reviewed annually in accordance with Commission bylaws, and a report of the review shall be included in and become part of the annual report of the Commission.

(8) Qualified immunity, defense, and indemnification. — a. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.

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

c. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
14 Del. C. § 1082 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1082
§ Â
        1082. Procedure at the polling place.
Status: in_force

(a) Upon arriving at a polling place, a person shall complete a Voter Eligibility Affidavit for Public School Elections attesting to the voter’s eligibility to vote in the public school election and then present the aforesaid affidavit and proof of the voter’s identity and address as required in § 1078 of this title to an election officer.

(b) Upon being presented an affidavit and proof of the voter’s identity by a person, the election officer shall then legibly print the name of the person onto a poll list, determine whether or not the person is eligible to vote in the election, and then annotate the affidavit as to whether or not the person shall be permitted to vote. If the person does not offer reasonable proof of identity and address as required in this section, the person may be permitted to vote by majority vote of the inspector and both judges. Poll lists created as required above shall be retained by the Department of Elections that conducted the election for 1 year following the day of the election. At the end of the aforesaid year, the poll lists shall be destroyed.

(c) If the election officer determines that the person is not eligible to vote in the election, the election officer shall refer the person to the inspector and both judges. The inspector and both judges after hearing and considering evidence shall by majority vote determine whether or not to permit the person to vote. Upon making the decision, the inspector shall appropriately annotate the affidavit and poll list. If the person is not permitted to vote, the inspector shall direct the person to depart the polling place and then the inspector shall file the affidavit in the appropriate place.

(d) If a person’s eligibility to vote is challenged by anyone for any reason, the inspector and both judges shall immediately hear and consider the evidence and then by majority vote decide whether or not the person is eligible to vote. Once the inspector and both judges have made their decision, there is no appeal at the polling place. The person shall either be permitted to vote, or shall not be permitted to vote and directed to depart the polling place. A person who has not been permitted to vote may appeal the decision of the inspector and both judges to the county director or, in the county director’s absence, to the deputy county director for the Department of Elections conducting the election.

(e) Upon hearing the evidence of an appeal by a voter, the county director or deputy county director for the Department of Elections conducting the election shall rule on the appeal. A person whose appeal is successful shall be permitted to vote at the polling place or by absentee ballot at the Department of Elections conducting the election.
14 Del. C. § 2902 — Delaware Code / Title 14 / Chapter 29 / Section 2902
§ Â
        2902. Violation of regulations; compliance clause in contracts; penalty.
Status: in_force

Any officer or employee of the Department of Education or of any school district who violates any of the school bus regulations or who fails to include an obligation binding a contractor to comply with such regulations in any contract executed by the officer or employee on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment.
14 Del. C. § 106 — Delaware Code / Title 14 / Chapter 1 / Subchapter I / Section 106
§ Â
        106. Advisory Board to the Secretary of Education.
Status: in_force

There shall be formed an Advisory Board to the Secretary of Education consisting of a representative from each board of education and from each county vocational-technical district, and such additional representatives of educational stakeholder organizations as appointed by the Secretary and the State Board. This Board shall not meet less than twice in any calendar year and the State Board shall participate in such meetings. The Advisory Board shall:

(1) Review current state policies and submit recommendations to the Department of Education when appropriate for changes, modifications or deletions;

(2) Study and review planning guides for program improvement of the Delaware Public School System as submitted by the Department of Education and make appropriate recommendations to the Department of Education on legislative and policy implementation; and

(3) Meet at a time and place that shall be at the discretion of the Secretary of Education or the Deputy Secretary. The call for the meeting shall be through the office of the Secretary of Education. The members of the Advisory Board shall receive their actual expenses for 2 dinner meetings per year, but not including travel expenses. The Department of Education shall not expend more than $1,000 for such expenses during any 1 fiscal year.
14 Del. C. § 9001B — Delaware Code / Title 14 / Chapter 90B / Section 9001B
§ Â
        9001B. Publication of safety hotline numbers [For application of this section, see 83 Del. Laws, c. 404, Â 3; and 84 Del. Laws, c. 108, Â 3].
Status: in_force

(a) Every public institution of higher learning in this State that issues student identification cards shall have printed on either side of the student identification cards the following public safety telephone and text numbers:

(1) National Suicide Prevention Lifeline: Call or text “988”.

(2) National Domestic Violence Hotline: 1-800-799-7233(SAFE).

(3) Crisis Text Line:Text “DE” to 741741.

(4) Local campus police or campus security phone number.

(b) Every public institution of higher learning in this State that issues student identification cards, in addition to printing the required public safety numbers listed in subsection (a) of this section, on the student identification card, may also print the following telephone number: National Sexual Assault Hotline: 1-800-656-4673(HOPE).

(c) In the event any of the numbers listed in subsection (a) or (b) of this section have been updated the most updated numbers shall be printed on the student identification cards.

(d) If an institution of higher learning has unissued student identification cards, that do not comply with the requirements of subsection (a) of this section, the institution may continue to issue the identification cards until they are depleted.
14 Del. C. § 4132 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4132
§ Â
        4132. Student grades; teacher evaluation restriction.
Status: in_force

(a) When a teacher assigns an alphabetical symbol or numerical rating as a grade that assesses a student’s performance on an individual project, such as a grade for a test or for homework, or that assesses a student’s collective performance, such as a grade for a marking period or semester, only the assessing teacher or the superintendent of the school district in which the grade was assigned or, in the case of a charter school, the highest ranking administrative officer of the charter school may alter the student’s assigned grade.

(b) If a superintendent or the highest ranking administrative officer alters a student’s assigned grade pursuant to subsection (a) of this section, the superintendent or administrative officer shall give written notice of the alteration to the teacher who assigned the grade and to the Secretary of Education. The notice must include the name of the student, the name of the teacher, the title of the course for which the grade was altered, the reason or reasons for the grade alteration, and the extracurricular activities in which the student has participated and intends to participate during the school year. Notice of grade alteration pursuant to this subsection is not subject to the provisions of the Freedom of Information Act, Chapter 100 of Title 29.

(c) Review of grades issued by a teacher shall not be the sole criteria for the determination to not retain a teacher.
14 Del. C. § 8254 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8254
§ Â
        8254. Consistent effect and conflict with other state laws.
Status: in_force

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

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

(c) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
14 Del. C. § 602 — Delaware Code / Title 14 / Chapter 6 / Section 602
§ Â
        602. Method of computation and payment of tuition charges for nonresident pupils.
Status: in_force

(a) Except in the cases provided for in § 603(c) of this title, no pupil shall be transferred from 1 school district to another school district without the written approval of the school board of both the sending and receiving districts. A reorganized school district receiving any pupil who is a resident of another reorganized school district shall collect a tuition charge for the nonresident pupil; provided however, that the tuition charge may be waived if such waiver is granted by the board of education of both the sending and receiving districts. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax which shall be levied for this specific purpose.

(b) In determining the tuition to be charged, the receiving district shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the authorized program and grades and attending all public schools in the receiving district as of September 30 of the current school year. The cost for the current year may be estimated cost and shall include an amount, added or subtracted from the estimate, which amount will represent the difference between the estimated and the actual costs of the tuition charges for the same purpose in the previous year. The resulting figure shall represent the amount of tuition charge per pupil in the current year. In Fiscal Year 1970 or later, the receiving district may include tuition charges for the previous year and the current year.

(c) The bill for tuition charges shall be verified by the Secretary of Education within 20 days after receipt of such bill. No bill for tuition charges shall be paid until such time as it has been certified by the Secretary of Education as being true and correct.

(d) For each pupil attending a public school of another district as of September 30, the receiving district shall bill the sending district and the sending district shall pay the tuition charges per pupil on or before January 1 of the fiscal year in which the bill is submitted to the sending district for payment. In the case of pupils attending the public schools of the receiving district for less than a full term, the tuition charge shall be prorated by reference to the period of time during which such pupils actually attended the receiving district’s schools, provided that attendance for part of any month shall be counted as a full month of attendance.

(e) Any reorganized school district sending pupils to the schools of another district shall levy and collect a tax to pay any tuition charges to the receiving district, and such tuition shall be collected by local taxation within the sending district according to the provisions of taxation as set forth in Chapter 19 of this title, except that no referendum shall be required. The sending district shall estimate the amount of, determine the rate for and levy the tax upon the estimate at the time that regular tax levies are announced to the appropriate taxing authorities, and the levy shall be adjusted annually to correct errors in the estimate as provided for in subsection (b) of this section.
14 Del. C. § 408 — Delaware Code / Title 14 / Chapter 4 / Section 408
§ Â
        408. State and local education funding.
Status: in_force

(a) A pupil enrolled in a receiving district pursuant to this chapter shall be included in the unit count of the receiving district for all purposes relating to the allocation of all state and federal education funding and shall not be included in the unit count of the district of residence for any such purposes.

(b) If a parent of a pupil enrolled outside the district of residence pursuant to this chapter moves during the school year to a district different from either the district of residence or the receiving district, the child’s first district of residence shall continue to be responsible for payments to the receiving district for the balance of the school year pursuant to subsection (e) of this section. The child’s new district of residence shall be responsible for all such payments during succeeding years, and such payments shall be calculated as the lower local cost per pupil, as defined in subsection (d) of this section, of the new district of residence and the receiving district.

(c) The Department of Education shall annually calculate the local cost per pupil expended by each school district for each type of pupil for the school year immediately preceding and shall annually certify each district’s local cost per pupil expenditure by September 1 of each year.

(d) Local cost per pupil as used in this section shall be calculated as follows:

(e) The district of residence shall, except as provided for in subsection (h) of this section, pay to the receiving district the lower local cost per pupil expenditure of the 2 districts, adjusted by an inflation factor specified annually in the annual appropriations act, such payment to be made by November 30 of each year. In the case of a district of residence that has a higher local cost per pupil than the receiving district, the district of residence shall pay in to a special fund to be known as the “School Choice Fund,” the difference per pupil between their local cost per pupil expenditure and that of the receiving district. The Department of Education shall establish and administer the School Choice Fund as an appropriated special fund account. Deposits by districts of residence to this account shall also be completed by November 30 of each school year.

(f) Once all payments have been made pursuant to subsections (b) and (e) of this section, the full amount in the “School Choice Fund” account shall be allocated to all receiving districts that had a local cost per pupil, as defined in subsection (d) of this section, that was higher than the district of residence for pupils choosing to attend schools in districts other than their district of residence. These funds shall be provided in a pro-rata fashion so that the gap that exists in a receiving district between the local per pupil cost in the receiving district and the amount paid by the district of residence is closed by an equal percentage in each receiving district.

(g) Once all payments have been made pursuant to subsections (b), (e) and (f) of this section, the State, from the annual appropriations made for Division III Equalization and/or that portion of the Growth and Upgrade Contingency that represents actual Division III Equalization unit growth, will provide funding to all receiving districts that had a local cost per pupil, as defined in subsection (d) of this section, that was higher than the district of residence of pupils who choose to attend school in said receiving districts. This funding will be provided to each such receiving district so that the gap that exists in such receiving district between the local per pupil expenditures in the receiving district and the amount paid by the district of residence is closed by an equal percentage in each receiving district to the extent that the actual appropriations allow.

(h) Any pupil, who because of educational need, requires services that are appropriately financed pursuant to the provisions of Chapter 6 of this title, either at the outset or subsequent to a decision to enroll in a public school other than a school in the pupil’s district of residence, shall remain the financial responsibility of the district of residence. The amount of the financial obligation shall be determined in accordance with the provisions of Chapter 6 of this title.

(i) Any payment received by a local school district pursuant to this section may be used for current operations, local share of minor capital improvements, local debt service payments or to make tuition payments.

(j) In the event of any mid-year termination of a pupil’s enrollment under this chapter, nothing contained in this section shall prevent the district of residence and the receiving district from entering into an agreement providing for the pro-ration of student funding between or among the district of residence, the receiving district, a successor district of residence and/or a successor receiving district.