14 Del. C. § 7201 — Delaware Code / Title 14 / Chapter 72 / Section 7201
§ Â
        7201. Library collection development policy for school libraries.
Status: in_force

(a) For purposes of this section:

(1) “Classroom library” means materials donated to, purchased by, or acquired by an individual teacher, which are made available in the teacher’s classroom to students assigned to the teacher’s class.

(2) “Library” means all school libraries established, administered, or under the control of a local education agency. A “library” does not include classroom libraries.

(3) “Library materials” or “material” includes books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and other similar materials, whether in tangible or electronic form.

(4) “Local education agency” means any public authority legally constituted by this State as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions. Local education agencies include reorganized school districts, juvenile correctional facilities, vocational-technical school districts, and charter schools.

(b) This State establishes the following school library collection development principles:

(1) The library materials, services, and resources provided in a school library are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves.

(2) Library material may not be excluded, removed, or prohibited from a school library solely because of the origin, background, or views of the person who created the material.

(3) Library material may not be excluded, removed, or prohibited from the catalog of a school library because of partisan, ideological, or religious disapproval.

(4) Nothing in this section is intended to override or negate any provision of state law relating to material that is in violation of Title 11, Chapter 5, subchapter VII, Subpart C.

(c) Each local education agency shall develop and implement policies and procedures to review objections to library material in a school library. The policies and procedures must align with the school library collection development principles established under subsection (b) of this section. The policies and procedures developed under this subsection must do the following:

(1) Establish a uniform process to submit an objection to library material in a school library by a student, parent or guardian of a student enrolled in a public school, or school personnel.

(2) Require that library material under review due to an objection remain available for use by students and school personnel until the review process is concluded.

(3) Establish a reasonable timeline to conduct and conclude the review process.

(d) Only the following individuals may make objections to library material in a school library under subsection (c) of this section:

(1) A student enrolled in a school that carries the objectionable material in the school’s library.

(2) A parent or guardian of a student in a school that carries the objectionable material in the school’s library.

(3) School personnel in a school that carries the objectionable material in the school’s library.

(e) A local education agency may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, a certified library media specialist, or employee of a local education agency for performing their job duties consistent with the principles established under subsection (b) of this section or policies developed under subsection (c) of this section.

(f) The Division of Libraries, in cooperation with the Library Consortium, shall develop model policies and procedures that libraries may use to ensure compliance with this section.

(g) At the conclusion of a review process established under subsection (c) of this subsection, an appeal may be made to the board of the local education agency. The board of the local education agency must issue a decision confirming or reversing a decision by a local education agency within 30 days.

(h) After a decision is made in an appeal under subsection (g) of this section, an appeal may be made to the School Library Review Committee, established under § 7202 of this title. A decision of the School Library Review Committee shall be a final decision. The Committee’s decision must only apply to the school library that received the initial complaint that is subject to appeal.

(i) An individual who is not a party to the original complaint, objection, or underlying appeal, may appeal a decision made by a school, a local education agency, or the board of a local education agency under this section, so long as the individual making the appeal is a student, parent or guardian of a student, or school personnel in the school where the complaint, objection, or underlying appeal initiated.

(j) Notwithstanding any provision of § 10002 to the contrary, all records relating to material objections, removals, the review process, appeals, and appeal decisions, including the reasons for material removal, if applicable, are public records under Chapter 100 of Title 29.
14 Del. C. § 4009 — Delaware Code / Title 14 / Chapter 40 / Section 4009
§ Â
        4009. Unfair labor practices â Appeals; petitions for enforcement.
Status: in_force

(a) Any person adversely affected by a decision of the Board under § 4008 or § 4015 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay.

(b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 4008 or § 4015 of this title.
14 Del. C. § 8224 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8224
§ Â
        8224. Licensure not under the Compact.
Status: in_force

(a) Except as provided in § 8223 of this title, nothing in this Compact shall be construed to limit or inhibit the power of a member state to regulate licensure or endorsements overseen by the member state’s licensing authority.

(b) When a teacher is required to renew a license received pursuant to this Compact, the state granting such a license may require the teacher to complete state specific requirements as a condition of licensure renewal or advancement in that state.

(c) For the purposes of determining compensation, a receiving state may require additional information from teachers receiving a license under the provisions of this Compact.

(d) Nothing in this Compact shall be construed to limit the power of a member state to control and maintain ownership of its information pertaining to teachers or limit the application of a member state’s laws or regulations governing the ownership, use, or dissemination of information pertaining to teachers.

(e) Nothing in this Compact shall be construed to invalidate or alter any existing agreement or other cooperative arrangement which a member state may already be a party to, or limit the ability of a member state to participate in any future agreement or other cooperative arrangement to:

(1) Award teaching licenses or other benefits based on additional professional credentials, including, but not limited to National Board Certification.

(2) Participate in the exchange of names of teachers whose license has been subject to an adverse action by a member state.

(3) Participate in any agreement or cooperative arrangement with a nonmember state.
14 Del. C. § 504 — Delaware Code / Title 14 / Chapter 5 / Section 504
§ Â
        504. Corporate status.
Status: in_force

(a) A charter school shall be organized and managed under the Delaware General Corporation Law.

(b) The board of directors of a charter school shall be deemed public agents authorized by a public school district or the Department with the approval of the State Board to control the charter school. No person shall serve as a member of a charter school board of directors who is an elected member of a local school board of education.

(c) A charter school shall be considered a public school for all purposes.

(d) A charter school may sue or be sued to the same extent and on the same conditions as a public school district, and its employees, directors and officers shall enjoy the same immunities as employees, directors and officers of public school districts and other public schools. The approving authority of a charter school shall have no liability for the actions or inaction of a charter school.
14 Del. C. § 2401 — Delaware Code / Title 14 / Chapter 24 / Section 2401
§ Â
        2401. Staffing.
Status: in_force

Staffing for Prison Education Program shall be delineated each year in the Annual Appropriations Act. The qualification of employees for the Prison Education Program shall be the same as the qualification for public education employees pursuant to § 122(c) of this title.
14 Del. C. § 3105A — Delaware Code / Title 14 / Chapter 31A / Section 3105A
§ Â
        3105A. Early intervention service providers; requirements.
Status: in_force

(a) The Department shall promote the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services.

(b) (1) To provide early intervention services under this chapter, an individual must be licensed under Title 24 or licensed or certified under subchapter I of Chapter 12 of this title, to provide the specific service.

(2) In addition to meeting the requirement under paragraph (b)(1) of this section, an early intervention service provider must participate annually in the Department’s child abuse detection and prevention training under § 4163 of this title.

(c) The Department shall assign a unique identification number to each early intervention service provider providing early intervention services under this chapter. The Department shall use the early intervention service provider’s unique identification number to track licensure, certification, employment, and professional development.

(d) The Department shall maintain an online, public database of early intervention service providers that can be searched by an individual’s name and provides all of the following information:

(1) Education history.

(2) Current licensure or certification.

(3) Current place of employment.

(e) The Department shall ensure that early intervention service providers complete the background checks required under § 309 of Title 31.
14 Del. C. § 1801 — Delaware Code / Title 14 / Chapter 18 / Subchapter I / Section 1801
§ Â
        1801. Definitions.
Status: in_force

As used in this chapter the phrase “school district” shall include all school districts, including vocational-technical school districts.
14 Del. C. § 3448 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3448
§ Â
        3448. Lewis M. âSkipperâ Purnell Cultural Resources Memorial Scholarship [For application of section, see 83 Del. Laws, c. 414, Ââ3].
Status: in_force

(a) Purpose. —

It is the intent and purpose of this scholarship to enable and encourage academically-talented Delawareans to pursue careers as cultural resources professionals.

(b) Awards. — (1) The Office will award scholarships for graduate education in certificate or master’s degree programs of museum studies and degrees required for meeting the U.S. Secretary of Interior Historic Preservation Professional Qualifications Standards in history, architectural history, or archeology. Preference is given to persons currently employed in Delaware by a public or nonprofit museum or cultural resource agency, any subdivision of state, county or municipal government engaged in museum or cultural resources interpretation or management, or any institutional member of the Delaware Museum Association. Preference is also given to persons employed by a State-recognized tribe under §§ 106 and 107 of Title 29 or persons who otherwise serve in an official capacity to a State-recognized tribe as nominated by the Chief or Tribal Council of such tribe.

(2) The Office may also award scholarships for a course of study leading to a bachelor’s degree prior to the master’s degree or for a doctoral degree following the master’s degree. Awards under this paragraph are limited to persons who have been employed for a minimum of 6 months in Delaware by a public or nonprofit museum or cultural resource agency, or any subdivision of state, county, or municipal government engaged in museum or cultural resources interpretation or management, or any institutional member of the Delaware Museum Association.

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

(c) Renewal. —

Renewal of awards is limited to the number of years that constitute the standard full-time completion rate. To be eligible for renewal of an award, the recipient must meet academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted.
14 Del. C. § 3702 — Delaware Code / Title 14 / Chapter 37 / Section 3702
§ Â
        3702. Governorâs allocation of General Fund.
Status: in_force

Upon receipt of a written communication from the Secretary of Education and the State Risk Manager, the Governor may authorize, if there is a sufficient surplus available in the General Fund to meet the obligation, the allocation of an amount which, in the sole judgment and discretion of the Governor, is appropriate for such rebuilding and replacement.
14 Del. C. § 302 — Delaware Code / Title 14 / Chapter 3 / Section 302
§ Â
        302. Definitions.
Status: in_force

As used in this chapter:

(1) “Advanced practice registered nurse” means as defined in § 1902 of Title 24.

(2) “Association” means the Delaware Interscholastic Athletic Association.

(3) “Athletic advantage” means a student transfers from a sending school to a receiving school for any of the following reasons:

a. To seek a superior team.

b. To seek a team more compatible with the student’s abilities.

c. Dissatisfaction with the student’s position or playing time at the student’s sending school.

d. To follow a coach to another school at which the coach is employed.

e. Dissatisfaction with a philosophy, policy, method, or action of a coach or administrator pertaining to interscholastic athletics.

f. To avoid disciplinary action that another state athletic association has imposed.

g. To avoid disciplinary action that the sending school imposed and is related to or affects interscholastic athletic participation.

(4) “Athletic trainer” means as defined in § 2602 of Title 24.

(5) “Attendance zone” means a geographical area established by law or by the governing body of a public school that entitles a student to attend a specific public school.

(6) “Board” means the Board of Directors of the Delaware Interscholastic Athletic Association.

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

(8) “Executive Director” means the Executive Director of the Delaware Interscholastic Athletic Association.

(9) “Guardian” means an individual that a court order has established is responsible for the care and management of a student.

(10) “Health-care provider” means a physician, a physician assistant, an advanced practice registered nurse, or another licensed health-care professional, each of whom is trained and experienced in the evaluation, management, and care of concussions.

(11) “HIB” means harassment, intimidation, or bullying.

(12) “Member school” means a school that is a full or associate member of the Association.

(13) “Participate” means to take part in an interscholastic athletic sport tryout, practice, scrimmage, or contest.

(14) “Physician” means as defined in § 1702 of Title 24.

(15) “Physician assistant” means as defined in § 1770A of Title 24.

(16) “Receiving school” means the school that a student transfers into after withdrawing from the student’s sending school.

(17) “Relative caregiver” means an adult who does not have legal custody or guardianship of a student but is, by blood, marriage, or adoption, any of the following to the student:

a. Great-grandparent, grandparent, or step-grandparent.

b. Great-aunt, aunt, step-aunt, great-uncle, uncle, or step-uncle.

c. Step-parent.

d. Sibling, step-sibling, or half-sibling.

e. Niece or nephew.

f. First cousin or first cousin once removed.

(18) “School day” means each day that students attend school during a regular academic school year, including a partial day in which students attend school for instructional purposes, as adopted by a school’s district or governing body. “School day” does not include weekends, holidays, summer school, or other days that are not part of a school’s regular academic year.

(19) “Secretary” means the Secretary of the Department of Education.

(20) “Sending school” means the school from which a student transfers to enroll in a receiving school.

(21) “State Board” means the State Board of Education.

(22) “Transfer” means a student has officially withdrawn from a sending school and officially enrolled in a receiving school under the receiving school’s established registration process.
14 Del. C. § 1606 — Delaware Code / Title 14 / Chapter 16 / Section 1606
§ Â
        1606. State Board waiver authority.
Status: in_force

The Department of Education shall have the authority to waive or suspend provisions of the Delaware Code in the implementation of programs authorized under this chapter; provided however, that such waiver or suspension of a provision of the Code shall not result in an increased financial obligation to the State. The Department of Education is also authorized to waive or suspend its rules and regulations in order to maximize the projected impact of programs authorized under this chapter. The State Board shall be advised of any waiver of a regulation it must promulgate or approve, and may deny such waiver within 30 days or by the next regularly scheduled meeting, whichever is earlier, of the waiver’s approval by the Department.
14 Del. C. § 8250 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8250
§ Â
        8250. Rulemaking.
Status: in_force

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

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

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

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

(e) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking in each of the following places:

(1) On the website of the Commission or other publicly accessible platform.

(2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

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

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

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

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

(4) Protect public health and safety.
14 Del. C. § 6510 — Delaware Code / Title 14 / Chapter 65 / Section 6510
§ Â
        6510. Scholarships.
Status: in_force

(a) The General Assembly shall at each biennial session appropriate $50,000 of which $25,000 shall be paid annually to the University for the purpose of establishing scholarships at the University.

(b) The minimum number of scholarships to be awarded in each year shall be 50.

(c) A committee to award such scholarships shall be selected by the President of the University.

(d) The State Treasurer shall pay to the University the sum of $25,000 in each year upon warrants signed by the President of the University and the secretary of its Board of Trustees.
14 Del. C. § 4165 — Delaware Code / Title 14 / Chapter 41 / Subchapter II / Section 4165
§ Â
        4165. Suicide awareness and prevention.
Status: in_force

(a) Suicide prevention training program. —

The Department of Health and Social Services, the Department of Services for Children, Youth and Their Families, and the Department of Education shall identify and maintain a suicide prevention training program for school district and charter school employees that is evidence-based, whenever available. The Department of Health and Social Services, the Department of Services for Children, Youth, and Their Families, and the Department of Education must review these trainings every 3 years, at a minimum, and update the trainings as needed to be relevant to Delaware students and conform with best practices.

(b) Suicide prevention policy. —

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

(1) Recognition of the serious problem of youth suicide.

(2) The development of a suicide prevention program that is consistent with § 122(b)(29) of this title.

(3) That each school within a school district and each charter school establish a committee that is responsible for coordinating the suicide prevention program within that school.

(4) A statement prohibiting retaliation against a school district or charter school employee, a school district or charter school volunteer, or student for reporting the warning signs of suicide.

(5) That a procedure be established for the confidential and anonymous reporting of the warning signs of suicide.

(6) That a procedure be established for communication between school staff members and medical professionals who are involved in treating students for suicide issues.

(c) Accountability. —

Each school district and charter school shall adopt the policy required by subsection (b) of this section and shall submit a copy to the Department of Education by September 1, 2016, and by September 1 of a newly approved charter school’s first year of operation. Each school district and charter school shall provide any changes to the policy to the Department within 60 calendar days.

(d) Dissemination of policy. —

Each school district and charter school shall ensure that the policy adopted under this section appears in the student and staff handbook and on its website.

(e) Immunity. —

A school district or charter school employee, school district or charter school volunteer, or student is individually immune from a cause of action for damages arising from reporting warning signs of suicide to the appropriate person using the procedures specified in the school district’s or charter school’s suicide prevention policy, but there is no such immunity if the act of reporting constituted gross negligence or reckless, wilful, or intentional conduct.
14 Del. C. § 1605A — Delaware Code / Title 14 / Chapter 16 / Section 1605A
§ Â
        1605A. Prevention component.
Status: in_force

The Family Services Cabinet Council (Council), with the Department of Education and the Department of Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to offer prevention-related student support services (prevention services) to students to prevent them from becoming discipline problems and from failing academically in our schools. Within the limits of appropriations made for this purpose, the Council shall provide rules and regulations for the award of prevention grants and the conduct of prevention programs authorized under this section, subject to the following limitations:

(1) The Council shall issue prevention funding to local school districts proposing to establish an integrated plan to deliver prevention services including, but not limited to, academic tutoring and student mentoring programs to provide at-risk students with the extra help they may need to succeed academically and with positive adult role models; outreach programs to promote parental, family and community involvement in students’ academic studies and in reducing and resolving school discipline problems; school-linked support services to help students with family or health problems that may be adversely affecting their academic performance and their conduct at school; training to help students and school personnel resolve conflicts peacefully and non-disruptively; and assistance to help teachers better manage the behavior of students in their classrooms.

(2) Applications for funding pursuant to this section shall be made by school districts in accordance with procedures and standards established by the Council. Each applicant shall set forth an integrated plan to provide prevention services consistent with paragraph (1) of this section. To avoid duplication of effort, maximize the impact of limited resources, and increase the effect of efforts by state, local, community and private, nonprofit agencies through increased coordination and cooperation, the Council shall give preference to applications which:

a. Are submitted by 2 or more school districts working in concert, where appropriate;

b. Include private, nonprofit agencies and community organizations as partners in the application, and identify the roles those agencies and organizations are to play in delivering prevention services in the community;

c. Indicate how grants from the federal government and foundations will be used or sought to help deliver prevention services in the community; and

d. Identify the roles state and local agencies are to play in delivering prevention services in the community.

(3) The Council shall provide technical assistance to districts preparing applications and ongoing assistance to districts awarded funding pursuant to this section.

(4) The Council shall establish a timetable for the award of grants pursuant to this section which shall provide, at minimum, for a period of 1 month for joint planning between the Council and the applicants that the Counsel selects as finalists eligible for a funding award. During such joint planning, the Council and the applicant shall refine the applicant’s prevention plan, ensure that the plan makes cost-effective use of the resources and services of state, local, community and private, nonprofit agencies, and consider the incorporation of successful elements of other districts’ prevention programs into the applicant’s plans. Final awards shall be made by the Council on or before January 15 of each year for the subsequent school year, contingent upon the appropriation of funds for such purpose in the annual appropriations act.
14 Del. C. § 1601 — Delaware Code / Title 14 / Chapter 16 / Section 1601
§ Â
        1601. Purpose.
Status: in_force

It is the purpose of this chapter to provide for the establishment of a statewide comprehensive program to improve student discipline in the public elementary and secondary schools of the State. The program shall provide for the treatment of pupils who are exhibiting discipline problems and for the establishment of services to school pupils which will reduce the rate and severity of discipline problems in the future. The program shall operate under the supervision and direction of the Department of Education.
14 Del. C. § 3005 — Delaware Code / Title 14 / Chapter 30 / Subchapter I / Section 3005
§ Â
        3005. Staffing and annual reporting.
Status: in_force

The Department of Education shall staff the Delaware Early Childhood Council (ECC) with support from the Interagency Resource Management Committee (IRMC) as needed. The ECC will report annually to the IRMC, the Governor, President Pro Tempore, Speaker of the House, and the General Assembly’s committees on Education, Health and Social Services, and Health and Human Development regarding the status of its work and the progress of Council plans and proposals. A summary of the Council’s work shall be included in the IRMC’s annual report.
14 Del. C. § 1917 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1917
§ Â
        1917. Collection and deposit of school taxes [Effective until Aug. 12, 2028].
Status: in_force

(a) (1) The receiver of taxes and county treasurer shall collect school taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes, and, except as provided in subsection (c) and (d) of this section, shall allow no abatement or discount upon any taxes levied for school purposes required to be collected by them.

(2) a. Except as provided under paragraph (a)(2)b. of this section, the Receiver of Taxes of Kent and Sussex Counties and the Receiver of Taxes and County Treasurer for New Castle County shall, after the date the tax is due in the year in which the tax rolls shall be delivered to them, assess a penalty of 1% per month until the same shall be paid.

b. The county tax collection authority shall waive the penalties described in paragraph (a)(2)a. of this section for any residential taxpayer who enters into and complies with a payment plan authorized under § 8604 of Title 9.

(b) All money so collected shall be paid to the State Treasurer and shall be deposited by the State Treasurer in a separate account in the depository for other school moneys to the credit of the district.

(c) (1) a. If authorized by majority vote of the whole school board of the local school district pursuant to § 6102(q) of Title 29, there shall be allowed a credit against taxation imposed pursuant to this chapter on the valuation of any qualified property. For purposes of this subsection, “qualified property” shall mean property owned and occupied as a dwelling by and as the principal residence of a qualified person. A “qualified person” is a person who, as of June 30 immediately prior to the beginning of the county fiscal year, is of the age of 65 or more and meets the following requirement:

1. For claimants establishing legal domicile in this State after December 31, 2012, but on or before December 31, 2017, only claimants who, as of June 30 immediately prior to the beginning of the county fiscal year, have been legally domiciled within the State for a period of at least 3 consecutive years are eligible to receive a credit.

2. For claimants establishing legal domicile in this State after December 31, 2017, only claimants who, as of June 30 immediately prior to the beginning of the county fiscal year, have been legally domiciled within the State for a period of at least 10 consecutive years are eligible to receive a credit.

b. Mere seasonal or temporary residence within the State, of whatever duration, shall not constitute domicile within the State for the purposes of this section. Absence from this State for a period of 12 months shall be prima facie evidence of abandonment of domicile in this State. The burden of establishing legal domicile within the State shall be upon the claimant. The maximum such credit authorized by vote of local school boards shall be the lesser of:

1. Fifty percent of such tax remaining after taking into account any exemption pursuant to Title 9 and Title 22 and any tax reduction pursuant to § 6102 of Title 29; or

2. Five hundred dollars.

The receiver of taxes and county treasurer shall apply such credit after any change to the current expense tax rate pursuant to § 6102 of Title 29.

(2) No credit against taxation on the valuation of real property as provided in this subsection shall be allowed except in accordance with a form of written application prescribed by the Secretary of Finance in consultation with the receiver of taxes and county treasurer and provided by the receiver of taxes and county treasurer for use by the claimants under this subsection. Such application shall be filed with and received by the receiver of taxes or county treasurer no later than April 30 immediately prior to the beginning of that tax year.(a) The receiver of taxes and county treasurer shall collect school taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes, and, except as provided in subsection (c) and (d) of this section, shall allow no abatement or discount upon any taxes levied for school purposes required to be collected by them. The Receiver of Taxes and County Treasurer for New Castle County only shall, after September 1 in the year in which the tax rolls shall be delivered to them, assess a penalty of 5% to taxes which are due and owing but unpaid, and shall each month thereafter add to such unpaid taxes a penalty of 1% per month until the same shall be paid. The Receiver of Taxes of Kent and Sussex Counties only shall, after September 30 in the year in which the tax rolls shall be delivered to them, assess a penalty of 1% per month until the same shall be paid.

(b) All money so collected shall be paid to the State Treasurer and shall be deposited by the State Treasurer in a separate account in the depository for other school moneys to the credit of the district.

(c) (1) a. If authorized by majority vote of the whole school board of the local school district pursuant to § 6102(q) of Title 29, there shall be allowed a credit against taxation imposed pursuant to this chapter on the valuation of any qualified property. For purposes of this subsection, “qualified property” shall mean property owned and occupied as a dwelling by and as the principal residence of a qualified person. A “qualified person” is a person who, as of June 30 immediately prior to the beginning of the county fiscal year, is of the age of 65 or more and meets the following requirement:

1. For claimants establishing legal domicile in this State after December 31, 2012, but on or before December 31, 2017, only claimants who, as of June 30 immediately prior to the beginning of the county fiscal year, have been legally domiciled within the State for a period of at least 3 consecutive years are eligible to receive a credit.

2. For claimants establishing legal domicile in this State after December 31, 2017, only claimants who, as of June 30 immediately prior to the beginning of the county fiscal year, have been legally domiciled within the State for a period of at least 10 consecutive years are eligible to receive a credit.

b. Mere seasonal or temporary residence within the State, of whatever duration, shall not constitute domicile within the State for the purposes of this section. Absence from this State for a period of 12 months shall be prima facie evidence of abandonment of domicile in this State. The burden of establishing legal domicile within the State shall be upon the claimant. The maximum such credit authorized by vote of local school boards shall be the lesser of:

1. Fifty percent of such tax remaining after taking into account any exemption pursuant to Title 9 and Title 22 and any tax reduction pursuant to § 6102 of Title 29; or

2. Five hundred dollars.

The receiver of taxes and county treasurer shall apply such credit after any change to the current expense tax rate pursuant to § 6102 of Title 29.

(2) No credit against taxation on the valuation of real property as provided in this subsection shall be allowed except in accordance with a form of written application prescribed by the Secretary of Finance in consultation with the receiver of taxes and county treasurer and provided by the receiver of taxes and county treasurer for use by the claimants under this subsection. Such application shall be filed with and received by the receiver of taxes or county treasurer no later than April 30 immediately prior to the beginning of that tax year.

(3) The Secretary of Finance shall have the authority to waive the date of application in the case that an individual is financially disabled defined herein as unable to manage such individual financial affairs by reason of a medically determinable physical or mental impairment (excluding impairment caused by voluntary use of alcohol or unlawful use of a controlled substance as defined in Chapter 47, Title 16) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, but shall not include individuals for whom an individual’s spouse, guardian, or any other person is authorized to act on behalf of such individual in financial matters.

(4) a. Where title to property on which a credit is claimed is held by claimant and another or others, either as tenants in common or as joint tenants, claimant shall not be allowed a credit against that claimant’s interest in said property in excess of the assessed valuation of that claimant’s proportionate share in said property, which proportionate share, for the purposes of this subsection, shall be deemed to be equal to that of each of the other tenants unless it is shown that the interests in question are not equal, in which event claimant’s proportionate share shall be as shown.

b. Nothing in this subsection shall preclude more than 1 tenant, whether title be held in common or joint tenancy, from claiming a credit against the property so held, but no more than the equivalent of 1 full credit in regard to such property shall be allowed in any year, and in any case in which the claimants cannot agree as to the apportionment thereof, the credit shall be apportioned between or among them in proportion to their interests. Property held by husband and wife as tenants by the entirety shall be deemed wholly owned by each tenant, but not more than 1 credit in regard to such property shall be allowed in any year.

c. Right to claim a credit under this subsection shall extend to property the title to which is held by a partnership to the extent of the claimant’s interest as a partner therein, or by a guardian, trustee, committee, conservator or other fiduciary for any person who would otherwise be entitled to claim a credit under this subsection, but not to property the title to which is held by a corporation.

d. Right to claim credit under this subsection shall be withdrawn for the subsequent tax year from any taxpayer who has not paid in full such taxpayer’s property tax bill by the end of the tax year for which a credit was reported for that taxpayer to the Secretary of Finance by the receiver of taxes and county treasurer. Taxpayers who fail to pay in full their property tax bill by the end of the tax year for which a credit was reported for that taxpayer to the Secretary of Finance by the receiver of taxes and county treasurer may qualify for credits under this subsection in subsequent tax years upon the payment in full of property taxes and penalties owed prior to the beginning of the subsequent tax year.

(5) The Secretary of Finance may, in consultation with the receiver of taxes and county treasurer, promulgate such rules and regulations and prescribe such forms as the Secretary shall deem necessary to implement this subsection. The Secretary may require that any return or other writing required to be filed with respect to the credit allowed under authority of this subsection be signed by the maker of such return or writing under oath or affirmation, subject to the penalties of perjury.

(6) An aggrieved taxpayer may appeal from the disposition of a claim for credit under this subsection in the same manner as provided for appeals from property tax assessments generally.

(7) Whenever the Secretary of Finance shall determine that a credit has been claimed in disregard of the conditions under which such claims may be made and for the Secretary has authorized payment under § 1919(c) or (d) of this title, the Secretary may assess such claimant for the amount of the credit and, unless it is shown that such disregard is due to reasonable cause and not due to wilful neglect, with a penalty of 20% of the credit claimed along with interest at 1% for any month or fraction of a month commencing on the date on which the claim for credit was filed.

(d) (1) a. If authorized by majority vote of the whole school board of the local school district under § 6102(r) of Title 29, there will be allowed a credit against taxation in the full amount of tax liability imposed by this chapter on the valuation of any qualified property.

b. For purposes of this subsection, “qualified property” means property owned and occupied as a dwelling by and as the principal residence of a qualified person.

c. For purposes of this subsection, a “qualified person” means a veteran who satisfies both the following:

1. Receives from the United States Department of Veterans Affairs, or its successor agency, 100% disability compensation due to a service-connected, permanent and total disability based on individual unemployability or a 100% disability rating.

2. Is legally domiciled in this State for a period of at least 3 consecutive years. Mere seasonal or temporary residence within this State, of whatever duration, does not constitute domicile within this State for the purposes of this subsection. Absence from this State for a period of 12 months is prima facie evidence of abandonment of domicile in this State.

d. If a local school board has authorized the tax credit under paragraph (d)(1)a. of this section, then the credit must be allowed for a surviving spouse of a deceased qualified person if all of the following apply:

1. The deceased qualified person, immediately before death, was both claiming the credit and had not had the right to claim the credit withdrawn.

2. The surviving spouse was a titled owner of the qualified property before the deceased qualified person’s death.

3. The surviving spouse has not remarried.

4. The surviving spouse owns and occupies the qualified property as their principal residence.

e. A surviving spouse is no longer eligible for the credit if they do any of the following:

1. Remarry.

2. Stop being a titled owner of the qualified property.

3. Stop occupying the qualified property as their principal residence.

f. The burden of establishing that the claimant meets the definition of “qualified person” or is an eligible surviving spouse is on the claimant.

g. The receiver of taxes and county treasurer shall apply such credit after any change to the current expense tax rate pursuant to § 6102 of Title 29.

(2) a. A credit against taxation on the valuation of real property as provided in this subsection may not be allowed except in accordance with a form of written application prescribed by the Secretary of Finance in consultation with the receiver of taxes and county treasurer and provided by the receiver of taxes and county treasurer for use by the claimants under this subsection. Such application must be filed with and received by the receiver of taxes or county treasurer no later than April 30 immediately before the beginning of that tax year.

b. Notwithstanding the application deadline in paragraph (d)(2)a. of this section, the Secretary of Finance, in consultation with the receiver of taxes and country treasurer, shall establish a process for the receiver of taxes and county treasurer to use to verify the eligibility of a surviving spouse of a deceased qualified person and to maintain the credit for an eligible surviving spouse without disruption occasioned by the death of the qualified person.

(3) The Secretary of Finance shall have the authority to waive the date of application in the case that an individual is financially disabled defined herein as unable to manage such individual financial affairs by reason of a medically determinable physical or mental impairment (excluding impairment caused by voluntary use of alcohol or unlawful use of a controlled substance as defined in Chapter 47, Title 16) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, but shall not include individuals for whom an individual’s spouse, guardian, or any other person is authorized to act on behalf of such individual in financial matters.

(4) a. Where title to property on which a credit is claimed is held by claimant and another or others, either as tenants in common or as joint tenants, the claimant is not allowed a credit against that claimant’s interest in the property in excess of the assessed valuation of that claimant’s proportionate share in the property. For the purposes of this subsection, the claimant’s proportional share is deemed to be equal to that of each of the other tenants unless it is shown that the interests in question are not equal, in which event claimant’s proportionate share must be as shown.

b. Nothing in this subsection shall preclude more than 1 tenant, whether title be held in common or joint tenancy, from claiming a credit against the property so held, but no more than the equivalent of 1 full credit in regard to such property shall be allowed in any year, and in any case in which the claimants cannot agree as to the apportionment thereof, the credit shall be apportioned between or among them in proportion to their interests. Property held by husband and wife as tenants by the entirety shall be deemed wholly owned by each tenant, but not more than 1 credit in regard to such property shall be allowed in any year.

c. Right to claim a credit under this subsection shall extend to property the title to which is held by a partnership to the extent of the claimant’s interest as a partner therein, or by a guardian, trustee, committee, conservator or other fiduciary for any person who would otherwise be entitled to claim a credit under this subsection, but not to property the title to which is held by a corporation.

d. Right to claim credit under this subsection will be withdrawn for the subsequent tax year from any taxpayer who has not paid in full such taxpayer’s property tax bill by the end of the tax year for which a credit was reported for that taxpayer to the Secretary of Finance by the receiver of taxes and county treasurer. Taxpayers who fail to pay in full their property tax bill by the end of the tax year for which a credit was reported for that taxpayer to the Secretary of Finance by the receiver of taxes and county treasurer may qualify for credits under this subsection in subsequent tax years upon the payment in full of property taxes and penalties owed before the beginning of the subsequent tax year. A claimant must notify the receiver of taxes or county treasurer of any modification in status that results in the claimant no longer meeting the definition of “qualified person” set forth in paragraph (d)(1) of this section or of eligible surviving spouse under paragraph (d)(1)d. of this section.

e. To the extent that a claimant qualifies for a credit pursuant to both this subsection and subsection (c) of this section, the claimant shall be entitled to the credit authorized under this subsection and shall have no right to claim a credit authorized under subsection (c) of this section.

(5) The Secretary of Finance may, in consultation with the receiver of taxes and county treasurer, promulgate such rules and regulations and prescribe such forms as the Secretary shall deem necessary to implement this subsection. The Secretary may require that any return or other writing required to be filed with respect to the credit allowed under authority of this subsection be signed by the maker of such return or writing under oath or affirmation, subject to the penalties of perjury.

(6) An aggrieved taxpayer may appeal from the disposition of a claim for credit under this subsection in the same manner as provided for appeals from property tax assessments generally.

(7) Whenever the Secretary of Finance shall determine that a credit has been claimed in disregard of the conditions under which such claims may be made and for which the Secretary has authorized payment under § 1919 (e) of this title, the Secretary may assess such claimant for the amount of the credit and, unless it is shown that such disregard is due to reasonable cause and not due to wilful neglect, with a penalty of 20% of the credit claimed along with interest at 1% for any month or fraction of a month commencing on the date on which the claim for credit was filed.
14 Del. C. § 8603 — Delaware Code / Title 14 / Chapter 86 / Section 8603
§ Â
        8603. Duties and responsibilities.
Status: in_force

DACCTE shall do all of the following:

(1) Advise policymakers on the development of the State Plan for Career and Technical Education and amendments to the State Plan.

(2) Recommend policies that the State should pursue to strengthen career and technical education and related initiatives.

(3) Evaluate career and technical education programs, services, activities, and career initiatives throughout the State.

(4) Provide technical assistance to local school districts, agencies, and other organizations to enhance and improve the career and technical education delivery system.

(5) Analyze and report on the distribution of funds for career and technical education and on the availability of career and technical education activities and services within the State.

(6) Promote coordination, collaboration, and effective partnerships among business, industry, labor, education, and employment and training programs to help meet the economic needs of the State.

(7) Disseminate relevant career information to teachers, counselors, students, and the general public.

(8) Schedule and conduct at least 4 regular meetings each year at which the public is given opportunity to express views concerning career and technical education. The Council shall determine the time, place, and manner of meeting.
14 Del. C. § 9204 — Delaware Code / Title 14 / Chapter 92 / Section 9204
§ Â
        9204. Executive Director; General Counsel; quorum; power to issue bonds.
Status: in_force

(a) (1) The Authority may appoint an Executive Director and a General Counsel, and any other officers, none of whom may be members of the Authority.

(2) The Executive Director shall:

a. Serve at the pleasure of the Authority; and

b. Receive compensation as fixed by the Authority.

(3) The Executive Director or other person designated by resolution of the Authority:

a. Shall keep a record of the proceedings of the Authority;

b. Shall be custodian of all books, documents and papers filed with the Authority, the minute book or journal of the Authority and its official seal; and

c. May cause copies to be made of all minutes and other records and documents of the Authority and may give certificates under the official seal of the Authority to the effect that the copies are true copies, and all persons dealing with the Authority may rely upon the certificates.

(b) (1) Six members of the Authority shall constitute a quorum.

(2) The affirmative vote of a majority of the members present, and not less than 5 votes, is necessary for any action taken by the Authority.

(c) (1) A vacancy in the membership of the Authority may not impair the right of a quorum to exercise all the rights and perform all the duties of the Authority.

(2) Any action taken by the Authority under this chapter may be authorized by resolution at any regular or special meeting and may take effect immediately and need not be published.

(d) (1) The Authority may issue bonds for the purpose of making Authority loans to institutions participating in a program of the Authority for the purpose of providing education loans.

(2) Bonds issued under this section shall be obligations of the Delaware Higher Education Supplemental Loan Authority only, and not of the State. The Authority may not offer bonds for sale, nor issue any bonds, to which it has pledged the moral obligation of the State.

(e) (1) Bonds issued under this chapter shall state on the face of each bond that they represent and constitute an obligation of the Authority only, and do not constitute either a debt of the State within the meaning of the Constitution or laws of the State or a pledge of the faith and credit of the State.

(2) The bonds may not grant to the owners or holders any right to have the Authority or the General Assembly levy any taxes or appropriate any funds for the payment of principal or interest.
14 Del. C. § 402 — Delaware Code / Title 14 / Chapter 4 / Section 402
§ Â
        402. Definitions [For application of this section, see 83 Del. Laws, c. 316, Â 3].
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) “Application” shall mean the standard application for educational options. This application, which consists of an online application or a written application, shall be provided by the Department of Education.

(2) “District of residence” means any reorganized school district in which the parent of a student resides, and in the case of a military-connected student, means the anticipated district of residence.

(3) “Good cause” means a change in a child’s residence due to a change in family residence, or a change in the state in which the family residence is located within 60 days of obtaining a new lease or mortgage, a change in a child’s parent’s marital status, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, a change in a waitlist offer as defined in § 405(c) and (d) of this title, participation by a child in a foreign exchange program, a reported, recorded, and substantiated instance of “bullying” against their child as defined in § 4161 of this title, or participation by a child in a substance abuse or mental health inpatient or day treatment program, or a set of circumstances consistent with this definition of “good cause.”

(4) “Online application” shall mean the standard application receipt and processing tool approved by the Department of Education and used by all reorganized school districts, vocational-technical school districts, and charter schools.

(5) “Parent” shall mean parent, relative caregiver pursuant to § 202(f) of this title or legal guardian of the person of the child.

(6) “Receiving district” shall mean any reorganized school district other than the district of residence in which a student seeks to enroll. Where the district of residence includes more than 1 school or more than 1 program within any school providing instruction at a given grade level, and a parent of a child entering such grade level applies to enroll that parent’s child in a public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence, the district of residence shall also be considered to be the receiving district for all purposes of this chapter, except for the purposes of § 408 of this title.

(7) “Receiving local education agency” shall mean any public authority legally constituted by the State as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions, other than the school district of residence, which administers any school or program in which a student seeks to enroll, including any receiving district. Where the local education agency is the school district of residence that includes more than 1 school or more than 1 program within any school providing instruction at a given grade level, and a parent of a child entering such grade level applies to enroll that parent’s child in a public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence, the district of residence shall also be considered to be the receiving local education agency for all purposes of this chapter, except for the purposes of § 408 of this title. Notwithstanding § 505 of this title, the term “receiving local education agency” shall include reorganized school district, vocational-technical school district or charter school.

(8) “Working days” shall mean working days as determined by a local education agency’s administrative calendar.
14 Del. C. § 4112C — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112C
§ Â
        4112C. Good faith immunity.
Status: in_force

Persons and agencies participating in an investigation of the Ombudsperson shall be immune from civil liability which may result from their good faith participation in such investigation.
14 Del. C. § 5706 — Delaware Code / Title 14 / Chapter 57 / Section 5706
§ Â
        5706. Expending income.
Status: in_force

The income referred to in § 5704 of this title shall be devoted to the maintenance of such course or courses in the University as shall carry out the intent of the Act of Congress of July 2, 1862, Chapter 130 [7 U.S.C. § 301 et seq.].
14 Del. C. § 8220 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8220
§ Â
        8220. Adoption.
Status: in_force

The Interstate Teacher Mobility Compact (Compact) is hereby enacted into law and entered into with all other jurisdictions joining therein, in substantially the same form as in this chapter.
14 Del. C. § 3901 — Delaware Code / Title 14 / Chapter 39 / Section 3901
§ Â
        3901. Fund for retired and disabled teachers.
Status: in_force

There shall continue to be a fund for the purpose of paying pensions or allowances to retired and disabled teachers who have taught in public schools within this State.
14 Del. C. § 1911 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1911
§ Â
        1911. Required vote for authorization of additional tax.
Status: in_force

If the majority of the votes cast at the election, under § 1903 of this title, shall be for additional tax, the tax shall be levied and collected as provided in this chapter.
14 Del. C. § 303 — Delaware Code / Title 14 / Chapter 3 / Section 303
§ Â
        303. Regulations, policies, and procedures.
Status: repealed

(a) The Board shall promulgate regulations relating to member school interscholastic athletics. The Board may develop necessary policies and procedures to implement this chapter.

(b) (1) The Board shall develop regulations relating to secondary and middle school interscholastic athletics. In addition to the regulations required under § 304 of this title and §§ 10111 and 10113 of Title 29, the regulations must include at least all of the following:

a. Regulation of interscholastic athletic programs of each public school at the middle and high school levels.

b. Regulation of the interscholastic athletic program of each nonpublic school that elects to become a member school.

c. The manner in which a nonpublic school may elect to become a member school.

d. Eligibility requirements for a student to participate in interscholastic athletics, except as under § 313, § 314, or § 315 of this title.

e. Requirements for a student who participates in interscholastic athletics and nonschool competitions, except as under § 313, § 314, or § 315 of this title.

f. Requirements for a coach or sports official in interscholastic sports.

g. Sanctioning of school team competitions.

h. Other matters affecting interscholastic athletics.

(2) The Board may not approve a regulation that denies a student the right to simultaneously try out for, practice with, or participate in a game on a team similar to the school team on which that student is a member. The Board may, however, authorize dual membership and participation on a similar team only upon written consent by the student’s parent, custodian, or guardian. The written consent must clearly state the authority to participate on a particularly specified team of a designated organization or institution.

(c) The Board shall adopt regulations as to the sports over which the Association has jurisdiction.

(d) The Board shall adopt regulations applicable to a member school regarding the appropriate recognition and management of a student athlete exhibiting signs or symptoms consistent with a concussion. The regulations must require at least all of the following:

(1) Each student athlete and the athlete’s parent or guardian shall annually sign and return a concussion information sheet, that the Board designs, prior to the athlete initiating practice or competition.

(2) Each coach shall complete concussion training consistent with a timetable and curriculum that the Board establishes by regulation.

(3) A student athlete must be promptly removed from play if the athlete is suspected of sustaining a concussion or exhibits signs or symptoms of concussion until completion of assessment by a qualified health-care provider or medical clearance from a qualified health-care provider.

(4) Written clearance for return to play after a concussion must be from a health-care provider.

(e) The Board shall adopt regulations applicable to a member school regarding student athletes and awareness, recognition, and management of sudden cardiac arrest. The Board shall, through either regulation or policy adopted under regulation, do at least all of the following:

(1) Develop and make publicly available a sudden cardiac arrest information sheet that includes information regarding the nature and warning signs of sudden cardiac arrest.

(2) Prior to participating in practice or competition, require each student athlete and the athlete’s parent or guardian sign and return a sudden cardiac arrest information sheet that the Board designs.

(3) Require each student athlete to complete a heart history questionnaire as part of the preparticipation physical examination.

(4) [Repealed.]

(5) Present to each coach and official sudden cardiac arrest awareness information.

(f) The Board shall adopt regulations relating to secondary and middle school interscholastic athletics that do at least all of the following:

(1) Require all coaches to obtain and maintain certification in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED). Training and certification in CPR and AED use must be consistent with national evidence-based emergency cardiovascular care guidelines.

(2) Require that each school with an athletic department or program develop an athletic Emergency Action Plan (Plan) to respond to incidents of cardiac arrest or a similar life-threatening emergency during a school athletic practice or event. The Plan must follow nationally-recognized recommendations and be venue specific, widely distributed, posted, and rehearsed annually.

(3) Require that an AED be clearly marked and easily accessible in an unlocked location at each school athletic venue and event during any school-sponsored athletic event or team practice in which students of the school are participating. The AED must be placed in accordance with nationally-recognized guidelines focused on emergency cardiovascular care.

(4) Require that AEDs be tested and maintained according to the manufacturer’s operational guidelines.

(5) Require notification is provided to the Office of Emergency Medical Services regarding the AED, the type acquired, and its location.
14 Del. C. § 1908 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1908
§ Â
        1908. Method of voting; referendum to transfer tax funds.
Status: in_force

(a) For an election under this chapter to increase taxes, the election shall be conducted by the use of voting machines. The wording on the voting machine shall include a statement of the question which is being voted for and against.

(b) For an election under this chapter for the purpose of increasing the real estate tax under this chapter, while simultaneously decreasing the real estate tax under Chapter 21 of this title by the same amount or the transfer of tax funds for 1 purpose to another purpose, the election shall be conducted by the use of voting machines. The wording on the voting machine shall include a statement of the question which is being voted for and against.

(c) The Department of Elections conducting the election shall provide a sufficient number of voting machines necessary to carry out the election hereunder, and the cost of transportation of the voting machines and other necessary charges for use of the voting machines shall be borne by that Department of Elections.
14 Del. C. § 3309 — Delaware Code / Title 14 / Chapter 33 / Section 3309
§ Â
        3309. Cooperation with United States Office of Education.
Status: in_force

The Department of Labor shall cooperate with the United States Office of Education in the Department of Health, Education, and Welfare in the administration of this chapter.
14 Del. C. § 3204 — Delaware Code / Title 14 / Chapter 32 / Section 3204
§ Â
        3204. Grants.
Status: in_force

The Department is hereby authorized to award grants from the Vocational Youth Organization Fund to such vocational organizations which are an integral part of the instructional program in the following, but not limited to, occupational-vocational areas such as: agriculture, business and office occupations, distributive education, home economics and trade and industrial education.
14 Del. C. § 8906E — Delaware Code / Title 14 / Chapter 89E / Section 8906E
§ Â
        8906E. Use of funds.
Status: in_force

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

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

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

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

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

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

(4) Student centered professional development for building level behavioral health professionals.

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

(d) Where the recipient has purchased materials, equipment or any other durable item with award funds, such item shall be the property of the Delaware school district in which the recipient is employed at the time of the expenditure. Each invoice, purchase order and personal reimbursement form related to withdrawals from Behavioral Health Professional of the Year Award funds shall be retained by the school district and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.
14 Del. C. § 3422A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3422A
§ Â
        3422A. Definitions.
Status: in_force

As used in this subchapter:

(1) “Academic year” means the 3 consecutive academic semesters beginning with the fall semester.

(2) “CTP Program” means a federally-approved comprehensive transition and postsecondary program, under 34 C.F.R. § 668.232, for students with intellectual disabilities that leads to a degree, certificate, nondegree, or noncertificate credential that, in accordance with 34 C.F.R § 668.231, meets all of the following:

a. Is offered by a participating institution.

b. Is delivered to students physically attending the institution.

c. Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment.

d. Includes an advising and curriculum structure.

e. Requires students with intellectual disabilities to have at least ½ of their participation in the program, as determined by the institution, focus on academic components through 1 or more of the following activities:

1. Taking credit-bearing courses with students without disabilities.

2. Auditing or otherwise participating in courses with students without disabilities for which the student does not receive regular academic credit.

3. Taking noncredit-bearing, nondegree courses with students without disabilities.

4. Participating in internships or work-based training in settings with individuals without disabilities.

f. Provides students with intellectual disabilities opportunities to participate in coursework and other activities with students without disabilities.

(3) “Full-time” means a minimum of 24 credit hours or 300 clock hours in each academic year.

(4) “Institution” means a state-funded institution of higher education in this State that offers a CTP Program.

(5) “Student with an intellectual disability” means a student with a cognitive impairment characterized by significant limitations in cognitive functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills who meets 1 or both of the following:

a. Is currently, or was formerly, eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. §  1400 et seq.], including a student who was determined eligible for special education or related services under the IDEA but was home-schooled or attended private school.

b. Is eligible for services from the Division of Developmental Disabilities Services.

(6) “Tuition” means costs associated with coursework and CTP Program-related fees.
14 Del. C. § 183 — Delaware Code / Title 14 / Chapter 1 / Subchapter V / Section 183
§ Â
        183. Regulations.
Status: in_force

The Department of Education, through the Delaware Higher Education Office, is authorized to adopt rules and regulations to implement this subchapter, subject to the State Board of Education’s approval.
14 Del. C. § 9132 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9132
§ Â
        9132. Faith and credit of the College; exemption of bonds from taxation.
Status: in_force

The faith and credit of the College is expressly pledged for the full and complete payment of the principal of and interest on any promissory notes or bonds authorized to be issued under this chapter. Bonds or notes issued under this chapter shall not be deemed to constitute a debt or liability of the State or any political subdivision thereof, other than the College, or a pledge of the faith and credit of the State or any such political subdivision, other than the College, but shall be paid solely from the funds provided therefor. Bonds to be issued under this chapter are exempt from taxation, with respect to both principal and interest, by the State or any political subdivision of the State for any purpose.
14 Del. C. § 3424A — Delaware Code / Title 14 / Chapter 34 / Subchapter XVI / Section 3424A
§ Â
        3424A. Initial eligibility.
Status: in_force

(a) A student must meet all of the following to be eligible to participate in the Delaware Advance Scholarship Program and to qualify for a grant to pay tuition by the State under this subchapter for the first semester or other academic unit of postsecondary enrollment at an institution:

(1) Be under 25 years of age.

(2) Be a student with an intellectual disability.

(3) Meet the state residency requirements in the institution’s residency policy.

(4) Be enrolled at the institution on a full-time, credential-seeking basis or be seeking a credential through the institution’s academic accommodation policy.

(5) 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.

(6) Have applied for all appropriate forms of financial aid for which the student is eligible including the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Office, and financial aid programs administered by the institution, and have accepted all such financial assistance offered or awarded to the student, except for loans.

(7) Have graduated from a public or nonpublic high school in this State with a certificate of completion or diploma as indicated on the student’s official high school transcript.

(8) Meet the institution’s admission standards.

(9) Be admitted and attend classes at the institution no later than 2 years after the student’s completion of high school.

(b) An institution shall create and implement its own equivalency standards for paragraphs (a)(7) and (a)(9) of this section in establishing eligibility of home-schooled students of this State for grants under this subchapter.

(c) Notwithstanding other provisions of this subchapter, the provisions of paragraphs (a)(7) and (a)(9) of this section do 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. § 1106A — Delaware Code / Title 14 / Chapter 11A / Section 1106A
§ Â
        1106A. Decision and disbursement [Transferred].
Status: in_force

Transferred to § 3437(f) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 3141 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3141
§ Â
        3141. Finality of decision.
Status: in_force

A decision made by a hearing panel under this subchapter is final, unless a party to the hearing brings a civil action under § 3142 of this title.
14 Del. C. § 3143 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3143
§ Â
        3143. Childâs status during proceedings.
Status: in_force

(a) During the pendency of any administrative or judicial proceedings regarding a complaint, unless the district or state agency and parents of the child agree otherwise, the child involved in the complaint shall remain in that child’s present educational placement.

(b) If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, shall be placed in the public school program until the completion of all proceedings.
14 Del. C. § 9002 — Delaware Code / Title 14 / Chapter 90 / Section 9002
§ Â
        9002. Participating institutions.
Status: in_force

All educational institutions and branch campuses required to comply with the federal “Student Right-To-Know and Campus Security Act” (P.L. 101-542 as amended) are subject to the requirements promulgated herein.
14 Del. C. § 2306 — Delaware Code / Title 14 / Chapter 23 / Section 2306
§ Â
        2306. Safety features in new school construction or major renovations [For applicability of this section, see 81 Del. Laws, c. 267, Â 3].
Status: in_force

(a) For purposes of this section, “major renovation” means a renovation project with costs equal to or greater than the threshold amount established for a Major Capital Improvement Program project under 14 DE Admin. Code 401.

(b) Whenever a new school is constructed or a major renovation undertaken, the construction or renovation must include, at a minimum, all of the following:

(1) Secured vestibule, which serves as the primary entrance to screen visitors, equipped with an intercom or video call box and interior doors that can be electronically released by school staff.

(2) Ballistic resistant glass or film in all secured vestibule, lobby, and office areas used to screen visitors.

(3) Classroom doors that can be locked from the outside using a key or magnetic card locking system. Classroom doors that can be locked from both sides must comply with the requirements under the current edition of the Delaware State Fire Prevention Regulations or the current edition of the National Fire Protection Association, Life Safety Code 101.

(4) Installation of a panic button or intruder alert system that is capable of being activated from the school office and a handheld device.

(c) The Comprehensive School Safety Program (CSSP) and Department of Education shall provide emerging best practices for ballistic and alarm capabilities to school districts and the Office of Management and Budget Division of Facilities Management annually.

(d) If, after the review conducted under § 6307A(b)(7) of Title 29, the Department of Safety and Homeland Security finds that the district’s construction plan does not comply with the requirements of this section, then the district may request an additional review by the Secretary of the Department of Safety and Homeland Security. The Secretary of the Department of Safety and Homeland Security shall conduct a review of the district’s construction plan and make the final determination about the construction plan’s compliance with this section.
14 Del. C. § 4134 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4134
§ Â
        4134. Mandatory reporting of Delaware Healthy Children Program [CHIP] and Medicaid information.
Status: in_force

(a) Each school district shall be required to report to the Department of Health and Social Services [DHSS] on or before November 1 of each calendar year beginning in 2008 the name, eligibility status, family income level, address, and telephone number of each child eligible for free and reduced price meals through programs subsidized by the National School Lunch Program, the School Breakfast Program, or the Special Milk Program for Children.

(b) The information required by subsection (a) of this section shall be provided to the Department on a form and in a manner prescribed by the Department of Health and Social Services.

(c) On or before August 1, 2008, and during each subsequent application or renewal period for free or reduced price meals, each school district shall notify in writing each parent/guardian whose child receives or seeks to receive free or reduced price meals that:

(1) The child’s free or reduced price meal or free milk eligibility information will be disclosed to DHSS unless the parent or guardian elects not to have the information disclosed;

(2) The parent/guardian is not required to consent to the disclosure, and the information, if disclosed, will be used solely to identify children eligible for and seek to enroll children in a free or reduced price health insurance program; and

(3) The parent/guardian’s decision regarding disclosure will not affect the child’s eligibility for free or reduced price meals or free milk.

(d) In connection with the disclosures required by subsection (c) of this section, the school district shall give the parent/guardian an opportunity to elect not to have information disclosed to DHSS.

(e) Prior to August 1, 2008, each school district shall enter into a written, signed agreement with DHSS stating that:

(1) DHSS will be receiving from the school district the names, eligibility status, family income level, address, and telephone number of each child eligible for free and reduced price meals through programs subsidized by the National School Lunch Program, the School Breakfast Program, or the Special Milk Program for Children;

(2) DHSS will use the information received only to seek to enroll children in the State’s CHIP and Medicaid programs;

(3) The information disclosed by the school district will be protected from unauthorized uses and disclosures (with specific steps to protect the information described); and

(4) There are federal criminal penalties associated with unauthorized use or disclosure of the information disclosed by the school district (along with a description of the specific criminal sanctions).

(f) The school districts shall cooperate with DHSS and the Office of the Insurance Commissioner in negotiating the agreements required by subsection (e) of this section, and may seek the assistance of the Insurance Commissioner in developing the form required by subsection (b) of this section.

(g) “School district” as used in this section shall mean school district as defined at § 1002(5) of this title, along with vocational and technical school districts.
14 Del. C. § 1332 — Delaware Code / Title 14 / Chapter 13 / Section 1332
§ Â
        1332. Statewide program for services for students with autism spectrum disorder (ASD).
Status: in_force

(a) The Department shall provide training and technical assistance across all public schools within this State on behalf of students with an educational classification of autism spectrum disorder (“ASD”). Educational programming provided under this chapter must have high-quality instruction based on research and evidence-based practice.

(b) The Department, with the approval of the State Board of Education, shall designate a school district or other entity to administer the statewide program (“program”) for students with an educational classification of ASD. If no district or other entity is willing to administer the statewide program, the Department must act in that role.

(c) The entity administering the program must employ a statewide director (“Director”) for a period of 12 months each year. The Director must be hired in consultation with the Peer Review Committee and have the following qualifications and expertise with ASD:

(1) Doctorate degree in psychology, special education, applied behavior analysis, or other related field (master’s degree considered with extensive experience).

(2) Minimum 10 years of experience working with individuals with ASD; at least 5 years in a supervisory role in an education setting, as well as experience in program evaluation.

(3) Graduate-level training in evidence-based practices in curriculum, instruction, and behavioral support (ABA and other instructional strategies).

(4) Experience planning or leading skill development, as well as implementation of evidence-based practices in educational settings for individuals with ASD.

(5) Successful experience leading the development and implementation of a structured staff and parent professional development program (academic, behavioral, and social-emotional learning).

(6) Knowledge and experience with implementation of evidence-based practice; at least 5 years of experience providing consultation to all school staff, and experience with program development in a school setting (public school preferred).

The administering entity may include other desirable preferences as needed.

(d) The Department shall pay the Director a salary in an amount for which the Director qualifies under § 1305(a), (b), and (d) of this title plus an amount for administrative responsibility determined in accordance with § 1321(c) of this title. The Director’s salary, including “years of experience,” shall be determined in accordance with rules and regulations adopted by the Department with the approval of the State Board of Education.

(e) The program shall provide training and technical assistance for all public schools. The training and technical assistance under this subsection is a 3-year pilot program that ends on June 30, 2021, unless extended by an act of the General Assembly.

(1) The program must provide training and technical assistance by doing all of the following:

a. Identifying those practices specifically relevant to the education of students with an educational classification of ASD that are established as evidence-based through the best available outcome research or by expert consensus.

b. Promoting utilization of these practices by leading training and technical assistance activities specifically relevant to students with an educational classification of ASD,

c. Assisting with implementation of all aspects of training and technical assistance in all public schools, for students from birth to age 21 with an educational classification of ASD.

d. Supervising or managing contracts for training specialists employed under paragraph (e)(2) of this section.

e. Consulting and working collaboratively with the Department on all aspects of education programs related to ASD.

f. Serving as the primary liaison between the Department and other state agencies, committees, and programs on questions regarding programs for students with an educational classification of ASD.

(2) The program must have training specialists as follows:

a. At least 1 training specialist per 100 students with an educational classification of ASD. The total number of positions must be determined annually through the September 30 count of students with an educational classification of ASD. The program must be phased in with a minimum of 2 training specialists in Fiscal Year 2019, 2 training specialists added in Fiscal Year 2020, and additional training specialists added each fiscal year until the number of training specialists required under this paragraph (e)(2)a. is met or the pilot program ends under this subsection.

b. “Training specialists” must include qualified speech-language pathologists, behavior analysts, and other personnel with expertise in evidence-based instruction for people with ASD, in classroom, community, and home-based consultation.

c. Training specialists must serve eligible students within all public schools.

d. A training specialist must have a master’s degree and 3 years of experience of demonstrated consultative experience with students with ASD.

e. The duties of a training specialist include providing training and technical assistance for staff working with students with an educational classification of ASD, including classroom consultation; plan development and performance feedback; parent training; and providing training for regular education staff on ASD and evidence-based strategies for inclusion practices.

(3) The program may, after approval by the Department, purchase specialized services instead of hiring staff to provide the education and training required under this section.

a. The dollar value of each full-time equivalent, when purchasing services to be provided by an outside contractor, is the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months.

b. The calculation of this funding is for the current school year.

c. The State Board of Education may review any objection to the Department’s decision.

(4) State appropriations must be phased in over several years, starting in Fiscal Year 2019 and in equal increments each subsequent fiscal year until fully funded or the pilot program ends under this subsection.

(5) Additional funding may be provided through any of the following:

a. Units and funds appropriated by the General Assembly.

b. Units and funds allocated by the Department.

c. Pass though funds and direct grants.

d. Tuition funds from public school districts as established by the rules and regulations of the Department, according to Chapter 6 of this title.

e. Fees for service for support where other funding is inadequate.

f. Other funds as available, including funds in excess of standard match funding under this title.

(f) The Department, with the approval of the State Board of Education, shall adopt such rules and regulations to establish and provide for the following committees:

(1) Parent Advisory Committees (“PAC”).

(2) Peer Review Committee (“PRC”) which, at the request of the Department, may also review educational procedures and programming for students with an educational classification of ASD and related disabilities.

(3) Statewide Monitoring Review Board (“SMRB”), composed of no less than 7 members, including 2 nonvoting public representatives nominated annually by the PAC. A public representative may not have a child with an educational classification of ASD enrolled in a Delaware public school program.

a. The SMRB shall review, at least annually, the education and provision of related services provided to students with an educational classification of ASD throughout all public schools to ensure the application of evidence-based practice and opportunities for meaningful and measurable progress and inclusion, as appropriate, are afforded to all such students.

b. The SMRB shall make findings and recommendations based on its review to include data measuring these specific recommendations and suggestions for corrective action to ensure consistent quality and equity of services throughout this State.

c. The SMRB shall submit its findings and recommendations, at least annually, to the Department and the Education Committees of the General Assembly. The SMRB’s report must be available on each school district or school website.

d. The SMRB shall resolve disputes within or between public schools and the Director. This paragraph (f)(3)d. does not diminish the procedural safeguards guaranteed to children with an educational classification of ASD, their parents or guardians, or public schools or agencies.

e. If a public school is found to be out of compliance with the specific recommendations in this paragraph (f)(3), the Department and the Director must allow the public school the opportunity for technical assistance and progressive implementation of a corrective action plan for improvement agreed upon by the school and the Director.
14 Del. C. § 3423 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3423
§ Â
        3423. Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program loans awarded prior to July 1, 2022.
Status: repealed

(a) Purpose. —

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

(b) [Repealed.]

(c) Repayment and forgiveness. — (1) For purposes of this Program, qualifying employment is employment as a librarian or archivist in a public library, public school library, a member library of the Delaware Library Consortium, state agency or political subdivision in Delaware.

(2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan for bachelor’s degree students, and 2 years of employment for 1 year of loan for master’s and doctoral degree students.

(3) The repayment and forgiveness of incentive loans awarded under this Program prior to July 1, 2022, will be administered by the Office.
14 Del. C. § 1901 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1901
§ Â
        1901. Definitions.
Status: in_force

As used in this chapter:

(1) “District” means a reorganized school district and the school district of the City of Wilmington.

(2) “School board” means a board of education of a reorganized school district and the Board of Education of the school district of the City of Wilmington.
14 Del. C. § 1411 — Delaware Code / Title 14 / Chapter 14 / Subchapter II / Section 1411
§ Â
        1411. Reasons for termination.
Status: in_force

Termination at the end of the school year shall be for 1 or more of the following reasons: Immorality, misconduct in office, incompetency, disloyalty, neglect of duty, wilful and persistent insubordination, a reduction in the number of teachers required as a result of decreased enrollment or a decrease in education services. The board shall have power to suspend any teacher pending a hearing if the situation warrants such action.
14 Del. C. § 7107 — Delaware Code / Title 14 / Chapter 71 / Section 7107
§ Â
        7107. Rules and regulations.
Status: in_force

The district library commission may make such rules and regulations for the conduct of the persons employed by it, and for the care and use of the books, newspapers, magazines, reviews and other media in the library by the persons using the library, and also concerning the conduct and deportment of all persons while in or about the library or reading room, as the commission shall or may from time to time deem proper and advisable. The use of the library and reading rooms or the contents thereof for library purposes shall be free to any citizen of the State. The rules and regulations made by the commission may be enforced by a suitable penalty including fines as may be set by the commission.
14 Del. C. § 414 — Delaware Code / Title 14 / Chapter 4 / Section 414
§ Â
        414. Intra-district choice.
Status: in_force

Where the district of residence includes more than one school or more than one program within any school providing instruction at a given grade level, a parent of a child entering such grade level may apply to enroll that parent’s own child in any public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence in the manner provided in this chapter, and in such cases, the district of residence shall also be considered to be the receiving district for all purposes of this chapter, except that the provisions of § 408 of this title shall not apply to any such applications or changes in enrollment.
14 Del. C. § 8519 — Delaware Code / Title 14 / Chapter 85 / Section 8519
§ Â
        8519. Power to subpoena and administer oaths.
Status: in_force

The Department, over the signature of any member thereof, is authorized to subpoena and bring before the Department any person or persons in this State and to take testimony, either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in Superior Courts of this State.
14 Del. C. § 506 — Delaware Code / Title 14 / Chapter 5 / Section 506
§ Â
        506. Restrictions [For application of this section, see 83 Del. Laws, c. 316, Â 3].
Status: repealed

(a) A charter school may not do any of the following:

(1) Charge tuition, except in accordance with Chapter 6 of this title, or collect fees not permitted to be assessed by other school districts.

(2) Be home-based nor engage in any sectarian or religious practices in its educational program, admissions policies, employment policies or operations.

(3) Restrict student admissions except:

a. By age and grade;

b. By lottery in the case of over-enrollment;

c. By gender in the case of a same-gender school, except that there may not be more than 1 same-gender school for each gender operating simultaneously, and any same-gender charter school authorized prior to June 30, 2014, may have their charter renewed and continue to operate. Any subsequent same-gender charter school that seeks to operate in the State shall make its application to the Department of Education and the State Board of Education.

d.–g. [Repealed.]

(4) a. Discriminate against any student in the admissions process because of race, creed, color, sex (except in the case of a same-gender school), disability, military status, or national origin, or because the student’s school district of residence has a per student local expenditure lower than another student seeking admission.

b. For the purposes of this subsection:

1. “Military status” means status as any of the following:

A. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101.

B. A “veteran” as defined in 38 U.S.C. § 101.

C. A “dependent” of a servicemember as defined in 50 U.S.C. § 3911.

2. “Protective hairstyle” includes braids, locks, and twists.

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

(5) Be formed to circumvent a court-ordered desegregation plan.

(b) Preferences in student admissions may be given to:

(1) Siblings of students currently enrolled at the school;

(2) Students attending an existing public school converted to charter status. Parents of students at a school converted to charter status shall be provided with a plan the district will use to address the educational needs of students who will not be attending the charter school;

(3) Students enrolling in a new (nonconverted) charter school may be given preference under the following circumstances as long as the school has described its preferences in the school’s charter:

a. Students residing within a 5-mile radius of the school;

b. Students residing within the regular school district in which the school is located;

c. Students who have a specific interest in the school’s teaching methods, philosophy, or educational focus;

d. Students who are at risk of academic failure;

e. Children of persons employed on a permanent basis for at least 30.0 hours per week during the school year by the charter school.

(4) Children of a school’s founders, so long as they constitute no more than 5% of the school’s total student population. For the purposes of this paragraph “founder” shall not include anyone whose sole significant contribution to the school was monetary, but otherwise shall be determined by the founding Board of Directors subject to Department of Education regulations.

(5) Military-connected students who are the dependents of an active service member of any of the following:

a. The United States military.

b. The Delaware National Guard.

c. A reserve component of the United States military.

(c) (1) On or before April 1 of each school year, a charter school shall have enrolled, at a minimum, 80% of its total authorized number of students, and the administrator of each charter school shall, pursuant to the requirements below, provide a written certification of that enrollment to the Department of Education and to the superintendent of each public school district in which 1 or more of the charter school’s students reside.

(2) The certification from the charter school’s administrator shall contain an updated roster of students who are enrolled at the charter school, together with their home address and district of residence.

(3) A charter school shall obtain a written confirmation, signed by a parent or guardian of each student in that student’s initial year of attendance at the charter school, that the student will remain in the charter school for at least 1 school year. That confirmation shall include a statement reading:

“I understand that my child is required to remain in this charter school, in the absence of any condition constituting good cause, for at least 1 school year”

and shall be kept on file at the school and made available for inspection to Department of Education officials or representatives from the public school district in which the student resides. After a student’s initial year of enrollment, it shall be presumed for school district planning purposes only that the student will continue to attend the charter school until completion of the school’s highest grade level and no further written confirmation need be obtained by the charter school.

(d) A pupil accepted for enrollment in a charter school pursuant to this chapter shall remain enrolled therein for a minimum of 1 year unless, during that 1-year period, good cause exists for the failure to meet this requirement. For purposes of this section only, “good cause” shall be defined as a change in a child’s residence due to a change in family residence, or a change in the state in which the family residence is located within 60 days of obtaining a new lease or mortgage, a change in a child’s parent’s marital status, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, a change in a waitlist offer as defined in § 405(c) and (d) of this title, participation by a child in a foreign exchange program, participation by a child in a substance abuse or mental health inpatient or day treatment program, a reported, recorded and substantiated instance of “bullying” against their child as defined in § 4161 of this title, mutual agreement by the board of directors of the charter school, the board of the receiving district and the parent or parents or guardian of such child to the termination of such enrollment, or a set of circumstances consistent with this definition of “good cause.”

(e) If at any time during any fiscal year of its existence, a charter school knows or reasonably should know that it has or will become unable to pay in full its projected expenses as they fall due, the school shall immediately so advise the Department of Education and its authorizer, and shall provide the Department with all financial information relating to revenues and expenses of the school necessary for the Department to determine the extent and cause of any potential operating deficit. If a charter school should fail to provide the notice to the Department of Education and authorizer required by this subsection or shall fail to cooperate with the Department in the production of financial information pursuant to this subsection, the authorizer shall subject the school’s charter to formal review pursuant to the provisions of § 515 of this title in order to determine whether grounds exist to take remedial measures.

(f) If a child would qualify for a no- or low-cost breakfast or lunch under a federal national school breakfast or lunch program, beginning in the 2014-2015 school year, the charter school shall provide breakfast and lunch to the child at no or low cost to the child’s family. Charter schools shall not consider whether a child would qualify for no- or low-cost breakfast or lunch under a federal national school breakfast or lunch program when making enrollment decisions.
14 Del. C. § 8702A — Delaware Code / Title 14 / Chapter 87A / Section 8702A
§ Â
        8702A. Definitions.
Status: in_force

As used in this chapter:

(1) “Advisory Council” means the Delaware Veterinary Medicine Education Advisory Council.

(2) “Department” means the Department of Agriculture.
14 Del. C. § 516 — Delaware Code / Title 14 / Chapter 5 / Section 516
§ Â
        516. Revocation criteria.
Status: in_force

Approved charters shall be subject to revocation or probation, after the exercise of due diligence and good faith, only for the following reasons:

(1) The school, or its representatives, has committed a material fraud on the approving authority or misappropriated federal, state or local funds; or

(2) The school fails to comply with its charter or to satisfy, in its operation of the school, the criteria set forth in § 512 of this title.
14 Del. C. § 404 — Delaware Code / Title 14 / Chapter 4 / Section 404
§ Â
        404. Receiving district and local education agency procedures.
Status: in_force

(a) Within 10 working days after an application deadline, the receiving district shall transmit a notice to the district of residence that it has received the application.

(b) The board of the receiving local education agency shall take action no later than the last day of February of the school year preceding enrollment to approve or disapprove an application for admission to a program in grades 1 through 12, and no later than June 15 of the school year preceding enrollment to approve or disapprove an application for admission to a kindergarten program. Charter schools, vocational-technical school districts, and magnet schools may act on applications accepted in accordance with the provisions of § 403(a) of this title to fill remaining availability.

(c) With respect to any application filed in accordance with the provisions of § 403(b) of this title, the board of the receiving local education agency shall take action to approve or disapprove the application no later than 45 days after receipt thereof, unless the application is received prior to a lottery conducted as outlined in a local education agency’s enrollment policy in the case of over-enrollment.

(d) The board of the receiving local education agency shall transmit a notice of the board’s action to the parent of the child, and to the board of the district of residence within 5 working days after board action.

(e) The parent who applied for the child shall notify the board of the receiving local education agency in writing no later than the third Friday in March, whether an offer is accepted or rejected.

(f) No later than November 30 of each year, the board of each receiving district shall transmit to the Department of Education notice of the capacity of each school in the receiving district for the following academic year and the projected enrollment for the following academic year. The capacity and projected enrollment figures may be revised until January 30. For the purposes of this subsection, “capacity” shall have the same meaning as set forth in § 405(d) of this title, and “projected enrollment” shall mean the total number of returning students and new attendance zone students the receiving district anticipates will enroll for the following academic year.

(g) No later than October 31 of each year, each receiving district shall hold at least 1 public information session about choice opportunities available in schools and programs in that district for the coming academic year.
14 Del. C. § 8225 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8225
§ Â
        8225. Teacher qualifications and requirements for licensure under the Compact.
Status: in_force

(a) Except as provided for active military members or eligible military spouses in § 8223(d) of this title, a teacher may only be eligible to receive a license under this Compact where that teacher holds an unencumbered license in a member state.

(b) A teacher eligible to receive a license under this Compact shall, unless otherwise provided for herein:

(1) Upon their application to receive a license under this Compact, undergo a criminal background check in the receiving state in accordance with the laws and regulations of the receiving state.

(2) Provide the receiving state with information in addition to the information required for licensure for the purposes of determining compensation, if applicable.
14 Del. C. § 205 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 205
§ Â
        205. Vocational-technical centers, or schools.
Status: in_force

The Department of Education with the approval of the State Board of Education may establish such vocational-technical centers, or schools as in its judgment will promote the educational interests of the State.
14 Del. C. § 9140 — Delaware Code / Title 14 / Chapter 91 / Subchapter II / Section 9140
§ Â
        9140. Cancellation and destruction of paid bonds.
Status: in_force

After any bonds issued under the authority of this chapter or the coupons annexed to the bonds have been paid, the bonds or coupons must be immediately cancelled, a record of payment must be made, and the bonds or coupons must destroyed.
14 Del. C. § 3408A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3408A
§ Â
        3408A. Additional responsibilities.
Status: in_force

(a) Each institution shall develop, promote, and coordinate a public awareness program to inform students and parents of the SEED program.

(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 SEED program contact person, who shall be either a counselor or teacher, at each high school site in this State. The Department of Education shall also ensure that all printed or electronic communications relating to a school activity include information about the SEED Scholarship Program. Printed and electronic communications shall include, but is not limited to, middle school, high school, or district-wide school activity announcements found in or on printed programs, newsletters, e-newsletters, community newspapers, and websites. For school activities where general announcements are made by any school official, information relating to the SEED Scholarship Program shall also be included in those communications.
14 Del. C. § 194 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 194
§ Â
        194. Regulations.
Status: in_force

The Department of Education is authorized to adopt rules and regulations to implement this subchapter, subject to the State Board of Education’s approval.
14 Del. C. § 1105A — Delaware Code / Title 14 / Chapter 11A / Section 1105A
§ Â
        1105A. Application [Transferred].
Status: in_force

Transferred to § 3437(e) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 3307 — Delaware Code / Title 14 / Chapter 33 / Section 3307
§ Â
        3307. Acceptance of federal Vocational Rehabilitation Act; cooperation with federal agencies.
Status: in_force

The State accepts the provisions and benefits of the act of Congress popularly known as the “Vocational Rehabilitation Act,” approved June 2, 1920, as amended [see now the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.]. The State Treasurer shall be the custodian of all moneys received by the State from appropriations made by the Congress of the United States for vocational rehabilitation of persons with disabilities in industry or otherwise and the State Treasurer may make disbursements therefrom upon the order of the Department of Labor. The Department shall cooperate with the Department of Health, Education, and Welfare or other federal agency authorized by Congress, in carrying out the national Vocational Rehabilitation Act and amendments thereto.
14 Del. C. § 1070 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1070
§ Â
        1070. School Board for Milford School District.
Status: in_force

Notwithstanding anything contained in this chapter to the contrary, the School Board of the Milford School District shall be composed of 7 members. Three members shall be elected at large from the reorganized Milford School District and 1 board member shall be elected from each of the 4 areas “A,” “B,” “C” and “D” described in paragraph (1) of this section.

(1) The Milford School District is hereby divided into 4 areas as follows:

a. Area A. — Beginning at the intersection of Roads 396 and 395 proceed southeast along the center of Road 396 to Route 14; east along the center of Route 14 to the intersection of Route 113; north along the center of Route 113 to the point where Route 113 intersects with Swan Creek; east along the center of Swan Creek to the Mispillion River and thence along the center of the Mispillion River to the Delaware Bay. Thence follow the shore line of Delaware Bay north to the Murderkill River; thence southwest along the common boundary between the Milford and Lake Forest School Districts to the intersection of Roads 396 and 395.

b. Area B. — Beginning at the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts, proceed northeast along the center of Road 594 to the intersection of Road 42; north along the center of Road 42 to a point .2 miles south of Road 207; thence due east to the Herring Branch. Follow along Herring Branch to the point where it intersects with Route 113; thence north along the center of Route 113 to the intersection of Route 14; west along the center of Route 14 to Road 396; northwest along the center of Road 396 to the Milford-Lake Forest School District boundary. Thence follow the existing common boundary south between the Milford-Lake Forest and Woodbridge School Districts to the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts.

c. Area C. — Beginning at the point where the Mispillion River enters the Delaware Bay, proceed westward along the center of the Mispillion River to Swan Creek; west along the center of Swan Creek to the point where it intersects with Route 113; south along the center of Route 113 to the point where Route 113 intersects Herring Branch (near Lincoln); proceed along the Branch northeast to the Milford city line; continue following the branch east and south to a point where the branch intersects Road 211; southeast along the center of Road 211 to Road 207; northeast along the center of Road 207 to Road 30; southeast along the center of Road 30 to the northeast corner of Cedar Creek Millpond; proceed east along the common boundary between the Milford and Cape Henlopen School Districts to the Delaware Bay; north along the Delaware Bay coastlines to the point where the Mispillion River enters the Bay.

d. Area D. — Beginning at the northeast corner of Cedar Creek Millpond proceed directly northwest along the center of Road 30 to the point where Roads 30 and 207 intersect; thence southwest along the center of Road 207 to the point where Roads 207 and 211 intersect; thence northwest along the center of Road 211 to a branch being the northeast boundary of the James Deputy property; continue northwest along this branch to the Milford city line; west along the city line to Herring Branch; follow Herring Branch southwest to a point approximately .2 miles south of Road 207; thence follow a line directly west to Road 42; south along the center of Road 42 to Road 594; southwest along the center of Road 594 to the present boundary of the reorganized Milford School District. Thence follow the existing common boundary between Milford and the Woodbridge, Indian River, and Cape Henlopen School Districts to the northeast corner of Cedar Creek Millpond.

(2) School Board members shall be elected in the following manner:

a. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area A for a term of 4 years;

b. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area B for a term of 5 years;

c. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area C for a term of 2 years;

d. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area D for a term of 3 years;

e. At large board members shall be chosen in accordance with the schedule contained in paragraph (3) of this section. No at large board members will be chosen at the regular school election in 1974. An at large board member is any inhabitant of Milford School District who meets other qualifications for school board membership as determined elsewhere in this chapter. Area designation is not applicable to at large board members.

(3) Beginning with the regular school election in 1975, school board members shall be elected in accordance with the following schedule:

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

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

(6) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section.
14 Del. C. § 3004A — Delaware Code / Title 14 / Chapter 30A / Section 3004A
§ Â
        3004A. Child care licenses; investigation; requirements; notice; hearings and appeals.
Status: repealed

(a) An individual or entity may not engage in child care unless the individual or entity first obtains a license from OCCL. Unless renewed, a license expires 1 year from the date the license is issued.

(1) Beginning on July 1, 2023, when applying for a license or upon renewal of a license, an applicant must ensure that all children age birth to 5 years old not yet in kindergarten, who have been enrolled by a licensee seeking renewal or to be enrolled, will undergo developmental and social emotional screening using the Department’s approved developmental and social emotional screening system by requiring the parent or guardian of an enrolled child to complete the Department’s approved developmental and social emotional screening at the time the child is enrolled and at least 1 time per year during enrollment unless the parent, in writing, declines developmental screening or notifies the licensee that the child is already receiving early intervention services or special education and related services. If an enrolled child’s parent or guardian does not conduct the yearly developmental and social emotional screening, the child care provider shall conduct the screening upon receipt of written parental consent.

a. For children age birth to 35 months old, developmental and social emotional screening results will be processed and referrals for additional evaluation, if warranted, will be implemented by the Department under Chapter 31A of this title.

b. For children age 3 to 5 years old, developmental and social emotional screening results will be processed and referrals for additional evaluation, if warranted, will be implemented in partnership with the local education agency (LEA) having jurisdiction over the geographical location where the child is enrolled.

c. Developmental screenings must be reviewed and processed within 2 weeks of receipt.

(2) When a licensee seeks to renew its license, the Department will review the paper or electronic file of each child enrolled in the licensee’s child care facility to ensure that each enrolled child has received developmental and social emotional screening within the preceding 12 months and any warranted referrals have been made as required by this section.

(b) OCCL may not issue a license to an individual until OCCL has made a thorough investigation and has determined all of the following, in accordance with reasonable standards:

(1) The good character and intention of the individual.

(2) That the individual home or facility meets the physical, social, moral, mental, and educational needs of the average child.

(3) Whether OCCL regulations are properly met.

(4) That the required criminal background checks are completed and approved.

(c) OCCL may not issue a license to an entity until OCCL has made a thorough investigation and has determined all of the following, in accordance with reasonable standards:

(1) The good character and intention of the entity.

(2) [Repealed.]

(3) The employment of capable, trained, and experienced workers.

(4) Sufficient financial backing to ensure effective work.

(5), (6) [Repealed.]

(7) Whether OCCL regulations are properly met.

(8) That the required criminal background checks are completed and approved.

(d) (1) This section does not apply to an early education program. An early education program must be monitored by OCCL and meet OCCL regulatory requirements.

(2) This section does not apply to any of the following:

a. A maternity ward of a general hospital.

b. A military family child care provider.

(3) The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a military family child care provider is located, must assume responsibility for approving or determining which children are served by the military family child care providers that are exempt from this section.

(e) Before a license issued under this chapter is revoked or a license application is denied, notice must be given in writing to the individual or entity who is licensed or applying for a license setting forth the particular reasons for the action.

(1) a. Except as provided under paragraph (e)(1)b. of this section, a license revocation or license application denial becomes effective 30 business days after the date of the receipt by certified mail, regular U.S. mail, or personal delivery of the notice.

b. If, within 10 business days from the date of receipt of the notice under paragraph (e)(1)a. of this section, the individual or entity gives written notice to OCCL requesting a hearing, the proposed action is suspended.

(2) If a hearing has been requested, the individual or entity must be given an opportunity for a prompt and fair hearing before a hearing officer designated by the Department of Education under§ 10125 of Title 29.

(3) At any time, during or before the hearing, OCCL may rescind a notice on being satisfied that the reasons for a revocation or license application denial have been or will be removed.

(f) [Repealed.]

(g) A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the decision is appealed under this section. A copy of the transcript may be obtained by a party on payment of the cost of preparing the transcript. Witnesses may be subpoenaed by either party.

(h) Within 10 business days of a revocation or license application denial hearing, or within 5 business days of a suspension hearing, the hearing officer shall issue recommendations to the Secretary of the Department of Education, with a copy to each party. The hearing officer’s recommendations must include all of the following:

(1) A brief summary of the evidence and recommended findings of fact based on the evidence.

(2) Recommended conclusions of law.

(3) Recommended decision.

(i) The Secretary of the Department of Education shall accept, deny, or accept in part, and deny in part the recommendations of the hearing officer in the case and issue a final decision within 10 business days of the date of the recommendations.

(j) A copy of the Department’s decision setting forth the finding of facts and the particular reasons for the decision must be sent by certified mail, regular U.S. mail, or delivered to the individual or entity. The decision becomes final 10 business days after it is mailed or delivered.

(k) If an individual or entity is dissatisfied with the decision of the Department as a result of the hearing under this section, the individual or entity may, within 30 business days after the mailing or delivery of the notice of decision, file a notice of appeal to the Superior Court in the office of the Prothonotary of the Superior Court of the county in which the child care facility is located or to be located and serve a copy of the notice of appeal on the Department. The Department shall promptly certify and file with the Court a copy of the record and decision, including the transcript of the hearings on which the decision is based. The Rules of the Superior Court and § 10142 of Title 29 govern the appeal.

(l) Emergency suspension order. —

If the health, safety, or well-being of children in care of an individual or entity is in serious or imminent danger, OCCL may immediately suspend the license on a temporary basis without notice.

(1) The emergency suspension may be verbal or written, and the individual or entity shall cease all operation as stated in the emergency suspension order.

(2) Any verbal suspension order must be followed by a written emergency suspension order within 1 business day.

(3) The order is temporary and must state the reason for the suspension.

(4) Within 10 business days of the issuance of the suspension order, the individual or entity may give written notice to OCCL requesting a hearing. This hearing must be scheduled within 10 business days of the receipt of the request.

(5) If a hearing is not requested under paragraph (l)(4) of this section, the temporary order becomes a final order.

(6) At any time, during or before the hearing, OCCL may reinstate the individual’s or entity’s license on being satisfied that the reasons for the emergency suspension order have been removed.
14 Del. C. § 1079 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1079
§ Â
        1079. Bribery.
Status: in_force

(a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for giving or withholding or in any manner influencing the giving or withholding a vote at any public school election, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the oath or affirmation as provided for in § 4940 of Title 15.

(b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereon shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section shall be competent evidence in any proceeding against the party making the same.
14 Del. C. § 2001 — Delaware Code / Title 14 / Chapter 20 / Section 2001
§ Â
        2001. Definitions.
Status: in_force

As used in this chapter:

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

(2) “School board” means a board of education of a reorganized school district.
14 Del. C. § 9001E — Delaware Code / Title 14 / Chapter 90E / Section 9001E
§ Â
        9001E. Definitions.
Status: in_force

As used in this chapter:

(1) “Advanced placement examination” means any examination administered through the College Board’s Advanced Placement Program.

(2) “Institution” means an in-state public institution of higher learning that offers freshman-level courses, including the University of Delaware, Delaware State University, and Delaware Technical and Community College.
14 Del. C. § 8514 — Delaware Code / Title 14 / Chapter 85 / Section 8514
§ Â
        8514. Prohibition against advertising school or soliciting students without Department authorization.
Status: in_force

Prior to the establishment of a private business or trade school and the issuance of a certificate of approval therefor, no person shall advertise such a school or solicit prospective students for such a school unless such person has applied for and received from the Department authorization to conduct such activity.
14 Del. C. § 8106A — Delaware Code / Title 14 / Chapter 81A / Section 8106A
§ Â
        8106A. Exclusions [For applicability of chapter, see 80 Del. Laws, c. 149, Ââ2].
Status: in_force

This chapter shall not be construed so as to do any of the following:

(1) Apply to general audience internet websites, online or cloud computing services, online applications, or mobile applications, even if login credentials created for an operator’s internet website, online or cloud computing service, online application, or mobile application may be used to access those general audience internet websites, online or cloud computing services, online applications, or mobile applications.

(2) Limit the authority of a law-enforcement agency to obtain any content or student data from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.

(3) Limit internet service providers from providing internet connectivity to schools or students and their families.

(4) Prohibit an operator from marketing educational products directly to parents, so long as the marketing does not result from the use of student data obtained by the operator through the provision of services covered under this chapter.

(5) Impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this chapter on those applications or software.

(6) Impose a duty upon a provider of an interactive computer service, as defined in 47 U.S.C. § 230, to review or enforce compliance with this chapter by third-party content providers.

(7) Impede the ability of a student or parent or guardian to download, transfer, export, or otherwise save or maintain their own student data or documents.

(8) Prevent the Department, school district, or school from recommending, solely for K-12 school purposes, any educational materials, online content, services, or other products to any student or to the student’s family if the Department, school district, or school determines that such products will benefit the student and no person receives compensation for developing, enabling, or communicating such recommendations.
14 Del. C. § 1413 — Delaware Code / Title 14 / Chapter 14 / Subchapter II / Section 1413
§ Â
        1413. Hearing by terminating board.
Status: in_force

(a) In the event that a teacher so notified shall within 10 days after the receipt of written notice of intention to terminate services request in writing an opportunity to be heard by the terminating board, the board shall set a time for such hearing to be held within 21 days after the date of receipt of said written request, and the board shall give the teacher at least 15 days’ notice in writing of the time and place of such hearing. The hearing shall be conducted by a majority of the members of the board and shall be confined to the aforementioned written reasons as stated in the board’s written notice of the board’s intention to terminate the teacher’s services. The conduct of such hearings and such rules of procedure as may be found necessary shall be left entirely to the discretion of the board provided that:

(1) The teacher shall have the option to indicate whether or not that teacher wishes the hearing to be public, by so stating in that teacher’s own written request for a hearing; otherwise the hearing shall be private;

(2) The teacher may be represented by counsel;

(3) The teacher and the board may subpoena witnesses. Subpoenas shall be issued by the secretary of the board upon written request, and such subpoenas shall be directed to the sheriff of the county where the witness resides or is employed within the State, and, upon service of such subpoena, the witness shall be compelled to appear subject to the same penalties for failure to appear that govern subpoena proceedings before the Superior Court of the State;

(4) The teacher and the board and counsel for each may cross-examine witnesses;

(5) Testimony before the board shall be under oath;

(6) The testimony to be heard shall be confined to the reasons stated in the written notice of intent to terminate service. Any evidence shall be admissible during the hearing which is adjudged by the board to be pertinent to the reasons contained in the written notice which the teacher received and which stated the reasons for dismissal;

(7) A stenographic record of the hearing shall be taken and prepared by a qualified court stenographer and paid for by the board, and shall be supplied to the teacher and the board within 10 days following the conclusion of the hearing;

(8) The decision of the board shall be submitted in writing to the teacher within 15 days following the conclusion of the hearing;

(9) If the decision is in favor of the teacher, the teacher shall be fully reinstated and shall receive all salary lost as a result of that teacher’s temporary dismissal or suspension.

(b) Any provision of this chapter to the contrary notwithstanding, the board may designate a hearing officer to conduct the hearing prescribed by subsection (a) of this section under rules and regulations promulgated by the board. The hearing officer shall submit a report with a recommendation to the board, within 5 days of the conclusion of the hearing, which shall become part of the record. A majority of the board shall convene to review the records of the proceedings and, within 15 days of the hearing before the hearing officer, shall submit to the employee its decision in writing.
14 Del. C. § 4146 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4146
§ Â
        4146. Media literacy [For application of this section, see 83 Del. Laws, c. 417, Â 2].
Status: in_force

(a) For purposes of this section:

(1) “Media literacy” means the ability to access, analyze, evaluate, create, and take action with all forms of communication, and encompasses the foundational skills of digital citizenship and internet safety including the norms of appropriate, responsible, ethical, and healthy behavior, and cyberbullying prevention.

(2) “Digital citizenship” means the diverse set of skills related to current technology and social media including the norms of appropriate, responsible, and healthy behavior.

(b) (1) The Department of Education (Department) shall adopt evidence-based, media literacy standards (standards) for use by each school district and charter school serving students in 1 or more of the grades kindergarten through 12.

(2) The Delaware State Librarian and school districts and charter schools, including certified school librarians, may provide technical expertise to the Department regarding the standards.

(c) The standards and instructional materials must be age-appropriate and must address appropriate, responsible, and healthy online behavior, including all of the following:

(1) The purpose and acceptable use of different social media platforms.

(2) Understanding the negative impact of inappropriate technology use, including online bullying and harassment, hacking, intentional virus setting, invasion of privacy, and piracy of software, music, video, and other media.

(3) Social media behavior that promotes cybersafety, cybersecurity, and cyberethics, including etiquette, safety, security, and the identification of hate speech.

(4) Identifying credible sources of information and how to access, analyze, evaluate, create, and participate in all forms of digital communication.

(5) Critical thinking skills, including all of the following:

a. Understanding how media messages shape culture and society.

b. Identifying target-marketing strategies and naming techniques of persuasion used.

c. Recognizing bias and misinformation by discovering parts of the story that are not being told and evaluating media messages based on personal experiences, skills, beliefs, and values.

(6) Identifying the purpose of media messages and how they are constructed, including all of the following:

a. Explicit and implicit media messages.

b. Values and points of view that are included and excluded.

c. How the media may influence ideas and behaviors.

d. The importance of obtaining information from multiple sources.

(d) Every 3 years, the Department shall prepare a written report, no later than July 31, that includes the educational programming provided under this section and how the school districts and charter schools implemented the standards under this section. The Department shall send this report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.

(e) The Department, with the approval of the State Board of Education, may promulgate regulations necessary to implement and enforce this section.
14 Del. C. § 126 — Delaware Code / Title 14 / Chapter 1 / Subchapter II / Section 126
§ Â
        126. Leases with the federal government.
Status: in_force

The Department may enter into contracts with the government of the United States of America or its agencies for the leasing to the Department of machinery, tools, equipment, land, buildings or other items to be used in the school system of this State. The contracts so entered into may be for such terms not exceeding 20 years and on such conditions as the Department may deem advisable. The Department may sublease to reorganized school districts of the State the items so leased for such terms and on such conditions as the Department may deem advisable.
14 Del. C. § 2102 — Delaware Code / Title 14 / Chapter 21 / Section 2102
§ Â
        2102. Power of district to issue bonds.
Status: in_force

The school board of any district may issue bonds for the purpose of carrying out any plan or program for the acquisition of lands or the acquisition or construction of buildings or for improvements to lands or buildings as may be authorized by this title when such plan or program shall have been approved by the Department of Education.
14 Del. C. § 1270A — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1270A
§ Â
        1270A. Delaware Teacher Growth and Support System
Status: in_force

(a) Teachers holding an initial license pursuant to § 1210 of this title, a continuing license pursuant to § 1211 of this title, or an advanced license pursuant to § 1213 of this title must receive an annual evaluation through the Delaware Teacher Growth and Support System. The evaluation must be consistent with the Delaware Professional Teaching Standards and must otherwise be in accordance with the criteria and requirements of this section.

(b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Teacher Growth and Support System. The Delaware Teacher Growth and Support System must include an overall rating and a student-improvement rating and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each performance area of the evaluation. For the purposes of § 1273 of this title, Delaware Teacher Growth and Support System must also include a definition of “pattern of ineffective teaching” as it relates to unsatisfactory performance on the overall Delaware Teacher Growth and Support System evaluation.

(c) (1) The Delaware Teacher Growth and Support System will have no more than 5 performance areas, as determined by the Department, with a required strong focus on student improvement, with 1 performance area dedicated to student improvement. All performance areas must be weighted equally.

(2) The performance area dedicated to student improvement shall contain a Part I and a Part II. Part I shall contain at least 1 individual professional learning goal created by the teacher and administrator that is focused on the continuous improvement of skills aligned to the Delaware Teacher Growth and Support System teacher observation rubric. Part II shall contain at least 2 individual student improvement goals created by the teacher and administrator that demonstrate the teacher’s contribution to student growth for his or her current cohort of students. If the teacher and administrator do not agree, the administrator’s decision is final. Each “Part II” goal shall be based upon a measure that has been approved by the Department. Measures may be created by a local education agency but must be approved by the Department prior to use. The administrator shall assess the progress toward goals, regardless of whether the teacher has satisfied the requirements of § 1403(a) of this title, is on a directed growth plan, or has earned a satisfactory rating on his or her most recent performance evaluation.

(3) Notwithstanding any other provision of law, rule or regulation to the contrary, grades 3 through 8 and high school state assessments required under § 151 of this title shall not be required as a measure of student growth as part of a teacher’s evaluation.

(4) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter.

(d) A local education agency may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds.

(e) Nothing in this section prevents a local education agency from administering other evaluations in addition to the Delaware Teacher Growth and Support System, provided that administration of additional evaluations is reported to the Department.

(f) A local education agency may make application to the Department for a waiver of the provisions of the Delaware Teacher Growth and Support System, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as the Delaware Teacher Growth and Support System, provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control.
14 Del. C. § 8301 — Delaware Code / Title 14 / Chapter 83 / Section 8301
§ Â
        8301. Definitions.
Status: in_force

As used in this chapter:

“Eye protection areas” mean vocational or industrial art shops, science or other school laboratories, or school or institutional facilities in which activities take place involving:

(1) Hot molten metals;

(2) Milling, sawing, turning, shaping, cutting, grinding or stamping of any solid materials;

(3) Heat treatment, tampering or kiln firing of any metal or other materials;

(4) Gas or electric arc welding;

(5) Repair or servicing of any vehicle or mechanical equipment;

(6) Corrosive or explosive materials;

(7) Custodial or other service activity potentially hazardous to the eye; or

(8) Any other activity or operation involving mechanical or manual work in any area that is potentially hazardous to the eye.
14 Del. C. § 1104 — Delaware Code / Title 14 / Chapter 11 / Section 1104
§ Â
        1104. Academic year program to meet certification requirements in critical curricular area.
Status: in_force

The Department of Education with State Board approval may provide an ongoing program specifically designed to meet certification requirements for a teacher in the State in a critical curricular area and may include, but not be limited to, reimbursement for tuition, programs, textbooks or travel. The part-time program may be offered during the regular school year. The Department of Education with State Board approval shall provide rules and regulations for the conduct of the program.
14 Del. C. § 4203 — Delaware Code / Title 14 / Chapter 42 / Section 4203
§ Â
        4203. Duties and authorities.
Status: in_force

To achieve the purposes set forth in § 4201 of this title:

(1) The Center shall be responsible for deploying and/or assisting in the deployment of educational technology to enable students, through the use of technology, to meet the academic achievement standards set by the State of Delaware through the Department of Education and its State Board of Education and to develop the skills needed by a world-class workforce.

(2) The Center shall be responsible for providing support to the several school districts and to the Department of Education for the acquisition, implementation and operation of: telecommunications systems and networks; computers; audio and video equipment; transmission equipment and such other equipment and processes necessary to provide modern telecommunications and computing resources. The Center shall also provide support for the training of public education employees in the use, operation and maintenance of such equipment and processes.

(3) The Center shall have the capacity to sue and be sued, and the Center and its employees shall be entitled to the same privileges and immunities of any political subdivision of the State pursuant to the Tort Claims Act, Chapter 40 of Title 10.

(4) The Center shall consult with and coordinate its activities with the Government Support Services Section of the Office of Management and Budget. Notwithstanding the previous sentence, the Center shall be subject to the same procurement and purchasing policies as required by Title 29 of Chapter 69.

(5) The Center shall be subject to the provisions of subchapter IV of Chapter 63 of Title 29 [see now the Department of Technology and Information in Chapter 90C of Title 29], as directed by the Office of Information Systems. The Center shall ensure the ability of public school districts to transmit and receive information in formats acceptable to parties that require access to administrative or educational information as determined by the Governor, the General Assembly or the Department of Education.

(6) The Center, in partnership with the Department of Education and the Office of Information Systems, is authorized to establish statewide policies and procedures for the access of state-provided computer networks. This includes, but is not limited to, acceptable use and copyright policies. Statewide policies will be developed through a collaborative process involving major education constituencies. School districts may develop more restrictive policies and procedures, but school districts may not modify their procedures to bypass state requirements.
14 Del. C. § 2733 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2733
§ Â
        2733. Jurisdiction; venue.
Status: in_force

(a) The Justice of the Peace Court and the Family Court shall have concurrent jurisdiction of complaints filed pursuant to this subchapter.

(b) All complaints under this subchapter shall be filed in a Justice of the Peace Court in the county where the school the child is required to attend is located or in the county in which the office of the school district which contains the child’s school is located.

(c) The matter shall proceed within the Justice of the Peace Court unless that Court determines, upon the complaint’s filing, that the matter shall be transferred to the Family Court due to the existence of any of the following conditions:

(1) Pending delinquency proceedings involving the child;

(2) Pending civil proceedings involving a determination of the child’s best interests pursuant to § 722 of Title 13;

(3) Pending proceedings with involvement by the Department of Services for Children, Youth and Their Families with the child’s family; or

(4) Any other condition exists related to the child that reasonably warrants transfer to Family Court.

(d) In the event that a student withdraws from school for any reason other than age and does not re-enroll in another public school, the Family Court or Justice of the Peace Court, in its discretion, may retain jurisdiction for the purpose of ensuring that the student’s alternative educational environment was not an attempt to avoid the compulsory attendance requirements of § 2702 of this title.
14 Del. C. § 9003A — Delaware Code / Title 14 / Chapter 90A / Section 9003A
§ Â
        9003A. Exceptions.
Status: in_force

(a) No responsible employee is required to make an offer to report an alleged sexual assault where the information was obtained through any communication considered privileged or confidential under state or federal law.

(b) No responsible employee is required to make an offer to report an alleged sexual assault if that employee is an advocate.

(c) No responsible employee is required to make an offer to report an alleged sexual assault disclosed at any student-led speak out events.
14 Del. C. § 2605 — Delaware Code / Title 14 / Chapter 26 / Section 2605
§ Â
        2605. Enrollment in the Sussex County Vocational-Technical High School District.
Status: repealed

(a) [Repealed.]

(b) For any school year in which the number of applications for admission exceeds the District’s allowed student enrollment capacity, the Sussex County Vocational-Technical High School District shall conduct a random lottery admitting student number “1” and progressing consecutively thereafter until the total number of students to be admitted has been reached.

(c) The Sussex County Vocational-Technical High School District may only provide preferences in student admissions to any of the following:

(1) Siblings of students currently enrolled at the school.

(2) Children of persons employed on a permanent basis for at least 30.0 hours per week during the school year by the Sussex County Vocational-Technical High School District.

(d) The Sussex County Vocational-Technical High School District is prohibited from denying any applicant for enrollment whose GPA falls below the 70th percentile or who has failed any eighth grade course from its lottery for admission, unless the student does not remain academically eligible for promotion according to the standards set by the Department of Education.

(e) Except in cases of expulsion subject to the provisions of § 4130 of this title, the Sussex County Vocational-Technical High School District shall be prohibited from removing a student from its enrollment for disciplinary reasons without the consent of the student’s parents/guardians and the student’s school district of residence.
14 Del. C. § 5111 — Delaware Code / Title 14 / Chapter 51 / Section 5111
§ Â
        5111. Faculty; powers.
Status: in_force

The faculty, consisting of the professors, instructors and others employed by the Board of Trustees, 1 of whom shall be President of the University, shall have the care, control, government and instruction of the students, subject, however, to the bylaws. They shall have authority, with the approbation of the Board, to confer degrees and grant diplomas.
14 Del. C. § 2105 — Delaware Code / Title 14 / Chapter 21 / Section 2105
§ Â
        2105. Validity of bonds; incontestability.
Status: in_force

When any bonds shall be sold and delivered pursuant to this chapter, the certification by the Department of Elections conducting the election pursuant to § 1083(d)(2) of this title and the certification by the school board of the district issuing such bonds that the bonds have been issued in due compliance with this chapter shall be conclusive upon the district and all and every other person whatsoever of the right, power and authority for the issuance of said bonds and the legality and validity thereof and of the principal debt and interest represented thereby, and the legality and validity of such bonds shall thereafter not be subject to question in any court by the district or by any person for or on its behalf, and this provision shall be and become part of the contract and obligation represented by each such bond.
14 Del. C. § 151 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 151
§ Â
        151. State assessment system; rules and regulations.
Status: in_force

(a) The Department shall adopt rules and regulations consistent with the laws of this State governing the statewide assessment of student achievement and the assessment of the educational attainments of the Delaware public school system. The Secretary shall consult with the State Board and representatives of the local school districts in designing and implementing the assessment program required under this section. The assessment program shall be designed and operated to provide the General Assembly, the Governor, the Secretary, the State Board of Education, educational administrators, teachers, parents and the public with timely and accurate information on student achievement and educational attainments.

(b) The Department shall administer both accountability and growth assessments of student achievement for students in grades 3 through 8, provided that additional grades may be added by the Department.

(c) The assessments referred to in subsection (b) of this section shall measure achievement in English language arts and mathematics for students in a minimum of grades 3 through 8 and high school, provided additional grades may be added by the Department. Science and social studies shall be assessed for students at least once in the elementary grades, at least once in the middle grades, and at least once in high school.

(d) The assessments required in subsections (b) and (c) of this section shall measure:

(1) Student performance as required by any federal mandate; and

(2) For grades 3 through 8, the academic progress of individual students.

(e) Notwithstanding any law or regulation to the contrary, matriculation and academic promotion requirements imposed by § 153 of this title shall be based upon the student’s assessment results received on assessments referred to in subsections (b) and (c) of this section.

(f) The Department shall establish alternate assessments for children with disabilities who cannot participate in the statewide assessment of student achievement even with appropriate accommodations and modifications. Alternate assessments must be developed and used in the statewide assessment beginning not later than the 2010-2011 school year. Each local school district, through the individual student’s Individualized Education Program Team or 504 Team, shall determine what assessment the student will take, as well as the student’s matriculation or promotion status and necessary remedial activities if the student’s performance on the assessment is below standard, and if the statewide assessment is administered, what accommodations and/or modifications will be utilized. However, no student shall be denied the opportunity to take the state assessments administered pursuant to subsections (b) and (c) of this section.

(g) For kindergarten through second grade, all school districts are required to follow the state standards, to assess the progress of students toward meeting those standards, and to report such progress to parents.

(h) The Department shall adopt rules and regulations to implement a common statewide readiness tool that will review a child’s readiness for learning when they enter kindergarten. The readiness tool shall serve as the basis for an objective readiness review conducted by the child’s teacher or other members of the child’s school team. The readiness tool shall review, but not be limited to, the following 5 domains:

(1) Language and literacy development;

(2) Cognition and general knowledge;

(3) Approaches toward learning;

(4) Physical well-being and motor development; and

(5) Social and emotional development.

(i) Implementation of the tool delineated in subsection (h) of this section above shall be phased in with the first identified kindergarten classes completing the readiness review in fall 2012. Thereafter the implementation of the readiness reviews shall be phased in with additional kindergarten classes participating in fall 2013 and fall 2014, with statewide implementation no later than fall 2015. The readiness reviews shall be completed within 30 school days of the start of school. A kindergarten student shall be required to be reviewed for readiness once during the student’s enrollment in kindergarten. The Department regulations promulgated pursuant to this section shall address any exceptions to the requirement for implementation of the readiness tool for all students, based on factors such as a student’s late enrollment in kindergarten.

(j) Notwithstanding any other language in this title, a student who has been formally classified as having 1 of the following 4 conditions, and whose parent, IEP team, and school district superintendent or charter school leader believe will not produce valid results on either the standard or alternate assessment despite accommodations and adjustments, shall receive his or her alternate assessment through consideration of work samples, projects and portfolios, which facilitate authentic and direct gauges of student performance with respect to both relevant state standards and the student’s IEP (a “portfolio assessment”). The definition of each of the following 4 conditions shall be the same that is in effect on July 15, 2014, in §§ 922 and 925 of this title of the Delaware Administrative Code [14 DE Admin. Code 922 and 925]:

(1) Moderate intellectual disability;

(2) Severe intellectual disability;

(3) Autism, accompanied by intellectual functioning equivalent to moderate or severe intellectual disability;

(4) Multiple disabilities, accompanied by intellectual functioning equivalent to moderate or severe intellectual disability.

The parents of a student classified as having 1 of these 4 conditions shall be informed of their child’s rights under this section, but no IEP team, school or school district shall advocate that parents exercise those rights. Only a student’s parents may initiate a portfolio assessment request under this section, and when such a request is made, the student’s IEP team and school district superintendent or charter school leader shall make their determinations regarding the portfolio assessment within 60 days of said request. The Department of Education shall promulgate regulations establishing a procedure for the design and evaluation of portfolio assessments requested under this subsection and for further reviews of individual schools and/or school districts that request an unusual number of portfolio assessments. The Department of Education shall also promulgate regulations providing for a method of measuring academic progress by students receiving a portfolio assessment under this section, which: (i) shall provide objective criteria by which student progress can be planned and measured; (ii) shall be developed in consultation with the Governor’s Advisory Council on Exceptional Citizens; and (iii) shall satisfy the requirements of 20 U.S.C. §§ 1412, 6311, and any other applicable federal laws or regulations. Students who are granted a portfolio assessment under this subsection shall be included in the participation rate calculation for schools and school districts. Nothing in this subsection shall be construed to limit the authority of the Department to approve exemptions from assessments for students not covered by this subsection.

(k) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State Board of Education.
14 Del. C. § 4150 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4150
§ Â
        4150. Type 1 diabetes informational material [Effective Aug. 1, 2026].
Status: in_force

(a) The Department of Health and Social Services, in consultation with the Department of Education, shall post existing appropriate informational materials on type 1 diabetes on the Department of Health and Social Services’ website. Each local education agency shall make the informational materials available to the parents or guardians of students enrolled in their schools.

(b) The informational materials shall include all of the following:

(1) A description of type 1 diabetes.

(2) A description of the risk factors and warning signs associated with type 1 diabetes.

(3) A recommendation that the parents or guardians of a student displaying warning signs of type 1 diabetes consult with the student’s primary care provider to determine if immediate screening for type 1 diabetes is appropriate.

(4) A description of the screening process for type 1 diabetes and the implications of test results.

(5) A recommendation that, following a type 1 diabetes diagnosis, parents or guardians should consult with the student’s primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a qualified specialist, such as an endocrinologist.
14 Del. C. § 8510 — Delaware Code / Title 14 / Chapter 85 / Section 8510
§ Â
        8510. Issuance of pocket cards upon approval of application; contents.
Status: in_force

The Department, upon approval of an application for or renewal of a permit, shall prepare and deliver to each agent a pocket card which, among other things, shall contain the name and address of the agent and of the employing school and shall certify that the person whose name appears thereon is an authorized agent of the school.
14 Del. C. § 1319 — Delaware Code / Title 14 / Chapter 13 / Section 1319
§ Â
        1319. Records of absences; proof.
Status: in_force

Each employing board shall keep an accurate record of the absences from duty and reasons therefor of all employees for whatsoever reason, and may require a statement from the employee when absent because of illness to the effect that the employee was unable to perform that employee’s own duties during the period of absence. The board may request a physician’s certificate if in its judgment this is necessary.
14 Del. C. § 2910 — Delaware Code / Title 14 / Chapter 29 / Section 2910
§ Â
        2910. School bus drivers; drug and alcohol testing.
Status: in_force

(a) In order to coordinate state and federal efforts to insure the safety of school children, the Department of Education is authorized to contract for a program of drug and alcohol testing services necessary to enable public school districts, charter schools and any person or entity that contracts with a school district or charter school to provide transportation for state public school students to comply with such drug and alcohol testing requirements applicable to Delaware public school bus drivers as are now, or may hereafter be, imposed by federal law. Testing services shall be provided at no cost to the bus driver’s employer. The nature and extent of testing services to be provided shall be at the discretion of the Department of Education, but shall include pre-employment, reasonable suspicion, random and post-accident testing for alcohol and controlled substances pursuant to 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary of Transportation of the United States pursuant thereto, as the same may from time to time subsequently be amended. In no event shall the Department of Education be responsible for the provision of any post-testing services either to a bus driver or to the driver’s employer except to cause the results of such testing to be provided to the driver and to the driver’s employer.

(b) Nothing contained herein shall be deemed to impose any additional obligation upon the employer of a public school bus driver beyond those obligations otherwise imposed upon such employer by state or federal law, or pursuant to rules and regulations promulgated in accordance with subsection (d) of this section.

(c) No person shall operate a public school bus while not in compliance with the provisions of all federal drug and alcohol testing requirements relevant to the drivers of Delaware public school buses and any regulations adopted by the Department of Education pursuant to this section.

(d) The Department of Education is authorized to promulgate rules and regulations to implement the provisions of this section, including, without limitation, rules and regulations which:

(1) Require all employers of public school bus drivers in this State to participate in the testing program contracted for by the Department; and

(2) Require public school districts, charter schools and the employers of public school bus drivers to follow such procedures and to maintain such records as the Department deems necessary to insure that public school bus drivers are being tested in accordance with the provisions of federal drug and alcohol testing requirements.

(e) 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. § 3133 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3133
§ Â
        3133. Notice required.
Status: in_force

Written notice which meets the requirements under § 3134 of this title must be given to the parents of a child with a disability a reasonable time before any school district or state agency:

(1) Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision of a free and appropriate public education to the child; or

(2) Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of a free, appropriate, public education to the child.
14 Del. C. § 209 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 209
§ Â
        209. Qualifications of board members; disqualifying crimes [For application of this section, see 83 Del. Laws, c. 187, Â 8].
Status: in_force

(a) An individual may not serve as a member of the State Board of Education or the board of a public school district or vocational-technical school district if any of the following apply to the individual:

(1) The individual has ever been convicted or has ever pleaded guilty or nolo contendere to any of the following:

a. Any crime against a child constituting a felony.

b. Any sexual offense against a child.

c. Any crime constituting a felony sexual offense or unlawful sexual contact in the third degree under § 767 of Title 11.

(2) The individual has been convicted or has pleaded guilty or nolo contendere within the preceding 10 years to any crime constituting a felony that is not a permanent disqualification under paragraph (a)(1) of this section.

(3) The individual has been convicted or has pleaded guilty or nolo contendere within the preceding 5 years to any of the following:

a. Any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree under § 767 of Title 11.

b. 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, except for any of the following:

1. Possession of a personal use quantity of marijuana under § 4764 of Title 16.

2. Possession of drug paraphernalia under § 4771 of Title 16.

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

(4) The individual fails to comply with subsection (c) of this section.

(b) Before an individual may be appointed to or qualify as a candidate for membership on the State Board of Education or the board of a public school district or vocational-technical school district, the individual must obtain a criminal background check and Child Protection Registry check under § 309 of Title 31.

(c) (1) a. A member of the State Board of Education or a vocational-technical school district board must inform the Governor if the member is charged with a crime under subsection (a) of this section.

b. The Governor may require a member of the State Board of Education or a vocational-technical school district board to obtain a new background check under § 309 of Title 31 if the Governor has reasonable suspicion that the member has been charged with a crime under subsection (a) of this section.

(2) a. A member of the board of a public school district must inform the superintendent of the school district and other members of that school district board if the member is charged with a crime under subsection (a) of this section.

b. The superintendent of a school district may require a member of the district school board to obtain a new background check under § 309 of Title 31 if the superintendent has reasonable suspicion that the member has been charged with a crime under subsection (a) of this section.
14 Del. C. § 9104 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9104
§ Â
        9104. Purpose and object.
Status: in_force

The purpose of the College shall be to operate or make available public institutions of learning for persons who have graduated from high school or who are unable to attend public high schools.
14 Del. C. § 1916 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1916
§ Â
        1916. Tax collection warrant and assessment list; tax rate after general reassessment [Effective Mar. 31, 2027].
Status: repealed

(a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the board of the district shall fix the rate of taxation plus 10% for delinquencies.

(b) Whenever the qualified voters of a reorganized school district have approved a specific rate of taxation or specified amount of taxation under § 1903 of this title and a subsequent general reassessment of all real estate in the county changes the total assessed valuation of the school district, the local board of education of each such local school district shall calculate a new real estate tax rate which, at its maximum, would realize no more than 10% increase in actual revenue over the revenue derived by real estate tax levied in the fiscal year immediately preceding such reassessed real estate valuation. In the event the qualified voters of a reorganized school district approve a specific rate of taxation or specified amount of taxation under § 1903 of this title to be collected, and there is a reassessment effective after voter approval, but before actual revenue is derived from increased taxation resulting from such voter approval, the local board of education of each such local school district shall calculate a new real estate tax rate which, at its maximum, would realize no more than a 10% increase in actual revenue over the revenue announced, projected or calculated to be derived by such voter approval and prior voter approvals. Any subsequent increase in rate of taxation shall be achieved only by an election of the qualified voters in such local school district according to the procedures in § 1903 of this title.

(c) Notwithstanding any other provisions of this title to the contrary, the school board of the district whose jurisdiction traverses county boundary lines and whose local school taxes are made different as a result of property reassessment shall levy real estate taxes in the following manner:

(1) In the county not reassessed, at a rate authorized by law and referendum.

(2) In the county recently reassessed, at a newly calculated rate based on the newly established assessments which at its maximum would bring in revenue equal to the amount authorized by law and by referendum, based on the previous year’s assessment, plus the quarterly updates and the 10% increase as authorized by subsection (b) of this section.

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

(e) [Repealed.](a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the board of the district shall fix the rate of taxation plus 10% for delinquencies.

(b) Whenever the qualified voters of a reorganized school district have approved a specific rate of taxation or specified amount of taxation under § 1903 of this title and a subsequent general reassessment of all real estate in the county changes the total assessed valuation of the school district, the local board of education of each such local school district shall calculate a new real estate tax rate which, at its maximum, would realize no more than 10% increase in actual revenue over the revenue derived by real estate tax levied in the fiscal year immediately preceding such reassessed real estate valuation. In the event the qualified voters of a reorganized school district approve a specific rate of taxation or specified amount of taxation under § 1903 of this title to be collected, and there is a reassessment effective after voter approval, but before actual revenue is derived from increased taxation resulting from such voter approval, the local board of education of each such local school district shall calculate a new real estate tax rate which, at its maximum, would realize no more than a 10% increase in actual revenue over the revenue announced, projected or calculated to be derived by such voter approval and prior voter approvals. Any subsequent increase in rate of taxation shall be achieved only by an election of the qualified voters in such local school district according to the procedures in § 1903 of this title.

(c) Notwithstanding any other provisions of this title to the contrary, the school board of the district whose jurisdiction traverses county boundary lines and whose local school taxes are made different as a result of property reassessment shall levy real estate taxes in the following manner:

(1) In the county not reassessed, at a rate authorized by law and referendum.

(2) In the county recently reassessed, at a newly calculated rate based on the newly established assessments which at its maximum would bring in revenue equal to the amount authorized by law and by referendum, based on the previous year’s assessment, plus the quarterly updates and the 10% increase as authorized by subsection (b) of this section.

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

(e) Notwithstanding the provisions of subsection (d) of this section, the school board of any district within New Castle County shall, no later than October 22, 2026, deliver its warrant, with a duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or counties where the district is located. In the event a school district within New Castle County experiences a shortfall of local school funds as a result of this subsection for the 2026-2027 school tax year, the school district may request, and the State shall advance, moneys from State Division I funds.
14 Del. C. § 206 — Delaware Code / Title 14 / Chapter 2 / Subchapter I / Section 206
§ Â
        206. Braille literacy rights and education.
Status: repealed

(a) In developing the individualized written education program for each student with blindness or visual impairment, it is the presumption that proficiency in Braille reading and writing is essential for each student to achieve satisfactory educational progress. The assessment required for each student includes a Braille skills inventory, including a statement of strengths and weaknesses.

(1) This section does not require Braille instruction and its use if, in the course of developing the student’s individualized educational program, each member of the team concurs that the student’s visual impairment does not affect reading and writing performance commensurate with ability.

(2) This section does not require exclusive use of Braille if other special education services are appropriate to the student’s needs. The provision of other appropriate services does not preclude Braille use or instruction.

(b) Instruction in Braille reading and writing are sufficient to enable each student with blindness or visual impairment to communicate effectively and efficiently with the same proficiency expected of the student’s peers of comparable ability and grade level. The student’s individualized educational plan must specify at least all of the following:

(1) The results obtained from the inventory required in subsection (a) of this section.

(2) How Braille will be implemented as the primary mode for learning through integration with other classroom activities.

(3) The date on which Braille instruction will commence.

(4) The length of the period of instruction and the frequency and duration of each instructional session.

(5) The level of competency in Braille reading and writing to be achieved by the end of the period, and the objective assessment measures to be used.

(6) The evidence used to determine that the student’s ability to read and write effectively without special education services will not be impaired if a decision has been made under subsection (a) of this section that Braille instruction or use is not required for the student.

(c) Each publisher of a textbook that a local education agency purchases must, in addition to granting copyright permission for transcription into Braille, large print, or tape for students with visual impairments as already established by law, furnish to the Division for the Visually Impaired a print or electronic copy in the American Standard Code for Information Interchange (ASCII) from which Braille versions of the texts can be produced. The print copy is also required since the accompanying graphics must be reproduced by hand and some subject matter, such as mathematics, must still be hand transcribed.

(d) [Repealed.]

(e) In order to meet the instructional needs of each student with blindness or visual impairment, the Division for the Visually Impaired shall hire an itinerant teacher of the visually impaired for every 28 students, or a major fraction thereof, who are registered and receiving instruction from a local education agency. At least 2 of these teacher units must be 12-month employees in order to insure competent Braille instruction during the summer months.
14 Del. C. § 1604 — Delaware Code / Title 14 / Chapter 16 / Section 1604
§ Â
        1604. Treatment of severe discipline problems component.
Status: in_force

The Department of Education shall establish a program component which will provide alternative educational and related services for the more severe discipline problems in the public schools. This component will serve primarily secondary school students, including but not limited to: youngsters who have been expelled from regular schools, students who may be subject to expulsion, and others who have serious violations of the local school district discipline code. The Department of Education shall provide rules and regulations for the conduct of programs authorized under this section subject to the following limitations:

(1) School districts shall make application to the Department of Education for funding to implement programs authorized under this section. Preference shall be given to applications from consortia of school districts. To the extent feasible, programs offered under this component should serve eligible pupils within a county, however, multiple sites may be operated by a single consortia of school districts within a county.

(2) Any application submitted under this section shall specify the types and level of services to be provided and an estimate of the number of youngsters to be served. The application shall also include a budget of proposed expenditures during a fiscal year. That budget shall indicate, at a minimum, the funds being requested from appropriations authorized under this section and funds to be obtained from all other sources.

(3) All applications submitted to the Department of Education under this section shall indicate an agreement to fund at least 30 percent of the total cost of services provided from sources of funding other than those authorized under this section.

(4) All projects funded under this section shall submit an annual evaluation report on the effectiveness of the program to the Department of Education. Such report shall incorporate the data and information specified by the Department.

(5) School districts shall be permitted to use funds collected in accordance with the provisions of Chapter 6 of this title to make tuition payments for youngsters assigned to programs authorized under this section.

(6) Nothing in this section shall prohibit a consortia of school districts from contracting for educational or related services with public or private agencies when operating programs authorized under this section.

(7) The provisions of § 4130 of this title shall not apply to youngsters enrolled in programs authorized under this section.

(8) A student 16 years of age or less who is expelled or suspended pending expulsion by a local school district or charter school shall be presumed appropriate for placement in a Consortium Discipline Alternative Program site, provided the student is not otherwise ineligible by statute or regulation for placement in such a program. The burden of establishing that a student is not appropriate for placement in a Consortium Discipline Alternative Program shall be on the local school district or charter school. Any student not shown by preponderance of evidence to be inappropriate for placement in a Consortium Discipline Alternative Program shall be placed in such a program.
14 Del. C. § 4010 — Delaware Code / Title 14 / Chapter 40 / Section 4010
§ Â
        4010. Bargaining unit determination.
Status: in_force

(a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least 30% of the public school employees in the unit claimed to be appropriate, indicating a desire to be represented for the purpose of bargaining collectively with the public employer.

(b) If the Board or its duly authorized designee determines that a petition is properly filed and is accompanied by the requisite number of valid signatures, the Board or its designee shall proceed toward defining the appropriate bargaining unit by setting a date for hearing on the matter. If a petition is not properly filed or if it is not accompanied by the requisite number of valid signatures, the Board or its designee shall dismiss the petition.

(c) After holding such hearings as it deems necessary the Board shall determine the appropriate bargaining unit. The Board may, by rule, delegate its unit definition authority to 1 or more of its members or to its Executive Director, provided that a unit definition order may be subject to review by the Board at the request of any party or upon the Board’s own motion in accordance with rules and procedures established by the Board.

(d) In making its determination as to the appropriate bargaining unit, the Board or its designee shall consider such factors as the similarity of duties, skills and working conditions of the employees involved; the history and extent of the employee organization; the recommendations of the parties involved; the effect of overfragmentation of bargaining units on the efficient administration of government; and such other factors as the Board may deem appropriate. The Board or its designee shall separate supervisory and nonsupervisory employees into separate appropriate bargaining units for all units created subsequent to July 18, 1990. The Board shall include positions commonly referred to as positions for extra-pay-for-extra-responsibility in the professional bargaining unit for the sole purpose of bargaining the salary for these positions and any other provision mutually agreed to by the parties.

(e) Procedures for redefining or modifying a unit shall be set forth in the rules and procedures established by the Board.

(f) Any bargaining unit designated as appropriate prior to the effective date of this chapter, for which an exclusive representative has been certified, shall so continue without the requirement of a review and possible redesignation until such time as a question concerning appropriateness is properly raised under this chapter. The appropriateness of the unit may be challenged by the public school employer, 30% of the members of the unit, an employee organization, or the Board not more than 180 days nor less than 120 days prior to the expiration of any collective bargaining agreement in effect on the date of the passage of this chapter. The continued appropriateness of any bargaining unit designated as appropriate prior to the effective date of this chapter, for which an exclusive representative is not certified, may be challenged by the public school employer, 30% of the members of the unit, an employee organization, or the Board at any time up until 30 days prior to the holding of an election to determine representation.
14 Del. C. § 8245 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8245
§ Â
        8245. School psychologist participation in this Compact.
Status: in_force

(a) To obtain and maintain an equivalent license from a remote state under this Compact, a licensee must do all of the following:

(1) Hold and maintain an active home state license.

(2) Satisfy any applicable state specific requirements established by the member state after an equivalent license is granted.

(3) Complete any administrative or application requirements which the Commission may establish by rule, and pay any associated fees.

(4) Complete any requirements for renewal in the home state, including applicable continuing professional education requirements.

(5) Upon their application to receive a license under this Compact, undergo a criminal background check in the member state in which the equivalent license is sought in accordance with the laws and regulations of such member state.

(b) To renew an equivalent license in a member state other than the home state, a licensee must only apply for renewal, complete a background check, and pay renewal fees as determined by the licensing authority.
14 Del. C. § 2108 — Delaware Code / Title 14 / Chapter 21 / Section 2108
§ Â
        2108. Terms and form of bonds.
Status: in_force

The bonds shall be in such denomination or denominations, in such form and shall bear such rate of interest as shall be determined by the State pursuant to § 7506 of Title 29; provided, however, that the school board of any district shall be consulted regarding the term of such bonds. The bonds shall bear interest from and after their date, payable semiannually on the days designated in the bonds. The bonds shall consist of a single bond registered as to both principal and interest with the principal thereof payable in installments and interest thereon payable semiannually. The amounts of principal payable and the dates on which such payments are due shall be noted on the bond form. The dates on which the interest is due shall also be noted on the bond form. Such bonds shall be payable in serial installments beginning not more than 1 year after the date of the bonds and ending not more than 20 years after such date; the amount of any installment payable in any 1 year, except the last year, shall be not less than 1/20 of the aggregate principal amount of the bonds of such issue.
14 Del. C. § 9102 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9102
§ Â
        9102. Board of Trustees â Creation.
Status: in_force

There shall be a Board of Trustees of the Delaware Technical and Community College which shall be a state agency.
14 Del. C. § 1270B — Delaware Code / Title 14 / Chapter 12 / Subchapter VII / Section 1270B
§ Â
        1270B. Delaware Performance Appraisal System II.
Status: in_force

(a) For purposes of this subchapter only, Delaware Performance Appraisal System II applies only to specialists and administrators who practice in Delaware public schools. An administrator or specialist holding an initial license pursuant to § 1210 of this title must receive a Delaware Performance Appraisal System II evaluation annually. An administrator or specialist holding a continuing license pursuant to § 1211 of this title or an advanced license pursuant to § 1213 of this title must receive a Delaware Performance Appraisal System II evaluation at least every 2 academic years. The evaluation must be consistent with the Delaware Framework for Specialists and the Delaware Administrators’ Standards and must otherwise be in accordance with the criteria and requirements of this section.

(b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Performance Appraisal System II. The Delaware Performance Appraisal System II must include an overall rating and a student-improvement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation. For the purposes of § 1273 of this title, Delaware Performance Appraisal System II must also include a definition of “pattern of ineffective practice” and define “pattern of ineffective administration” as it relates to unsatisfactory performance on the overall Delaware Performance Appraisal System II evaluation.

(c) (1) Delaware Performance Appraisal System II must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated to student improvement. All components must be weighted equally.

(2) For all Part I and Part II goals, the specialist, as well as the administrator, may propose measures to be used to provide data to judge progress towards the goals. The proposed measures must be approved by the administrator and not result in additional assessments for students. With regard to Part II goals, the measures must be selected from a list of the standardized measures that may be created by a school district or charter school but must be approved by the Department. If the specialist and administrator do not agree, the administrator’s decision is final.

(3) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher specialist or administrator under this chapter.

(d) A local education agency may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds.

(e) Nothing in this section prevents a local education agency from administering other evaluations in addition to the Delaware Performance Appraisal System II, provided that administration of additional evaluations is reported to the Department.

(f) A local education agency may make application to the Department for a waiver of the provisions of the Delaware Performance Appraisal System II evaluation system, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as the Delaware Performance Appraisal System II, provides for evaluating specialist or administrator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control.
14 Del. C. § 2404 — Delaware Code / Title 14 / Chapter 24 / Section 2404
§ Â
        2404. Salary.
Status: in_force

Salary for employees in the Prison Education Program when paid from funds of this State shall be in accordance with regularly adopted salary schedules set forth in Chapter 13 of this title. The salary so computed shall be divided by 0.7 for 10 months employment. If employed on an 11 or 12 month basis, the 10 month amount shall be multiplied by 1.1 or 1.2 respectively. In addition to the above calculation, teachers and administrators qualifying for professional development clusters in accordance with § 1305 (k) of this title shall receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in § 1305(b) of this title. This calculation shall not be increased for 11 or 12 month employment. The percentage shall only be applied to the base 10 month salary for 10, 11, 12 month employees. In accordance with § 1305 (o) of this title the cluster percentage is capped at 15 percent.

Employees whose primary job location is onsite within the institution shall also receive hazardous duty supplements as provided in the Merit System as defined in Chapter 59 of Title 29. Teachers/supervisors shall receive an administrative supplement of 4 to 8 percent to be determined by the Department of Education with the approval of the Co-Chairs of the Joint Finance Committee.

Students served under this program shall not be included in the calculation for unit count purposes as defined in Chapter 17 of this title. The Director of the Office of Management and Budget and Controller General may transfer funds between lines and departments to pay for this program.

In the event the Director of the Office of Management and Budget proposes or implements a position attrition or complement reduction initiative, the Director shall clearly indicate to the Co-Chairs of the Joint Finance Committee when positions outlined in the joint agency Prison Education Program are included in said initiative(s).
14 Del. C. § 5105 — Delaware Code / Title 14 / Chapter 51 / Section 5105
§ Â
        5105. Board of Trustees â Composition, selection, term and vacancies.
Status: in_force

(a) The Board of Trustees of the University shall consist of 28 members, together with the Governor of the State, the President of the University, the Master of the State Grange and the President of the State Board of Education, all of whom shall be members of the Board, ex officio.

(b) Eight of the trustees shall be appointed by the Governor, by and with the consent of a majority of the members elected to the Senate. At least 1 of the members to be appointed by the Governor shall be a person skilled in the mechanical arts.

(c) Twenty of the trustees shall be elected by a majority of the whole Board, as constituted, not less than 5 of whom shall reside in each county in the State, and the election shall not be final until reported to the Senate at its next regular session and confirmed by a majority of all of the members elected thereto.

(d) No trustee shall be chosen, elected or appointed for a longer term than 6 years.

(e) Any vacancy in the Board caused by the expiration of term, death, resignation or otherwise, of a trustee who was appointed by the Governor, shall be filled by the Governor, so that there shall at all times be 8 members of the Board appointed by the Governor. All other vacancies shall be filled by election by the Board.
14 Del. C. § 8901E — Delaware Code / Title 14 / Chapter 89E / Section 8901E
§ Â
        8901E. Established.
Status: in_force

There is hereby established a series of Behavioral Health Professional of the Year Awards the purpose of which is to reward outstanding behavioral health support professionals throughout the State.