14 Del. C. § 4007 — Delaware Code / Title 14 / Chapter 40 / Section 4007
§ Â
        4007. Unfair labor practices â Enumerated.
Status: in_force

(a) It is an unfair labor practice for a public school employer or its designated representative to do any of the following:

(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.

(2) Dominate, interfere with or assist in the formation, existence or administration of any labor organization.

(3) Encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure or other terms and conditions of employment.

(4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or has given information or testimony under this chapter.

(5) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit.

(6) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.

(7) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.

(8) Refuse to disclose any public record as defined by Chapter 100 of Title 29.

(b) It is unfair labor practice for a public school employee or for an employee organization or its designated representative to do any of the following:

(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.

(2) Refuse to bargain collectively in good faith with the public employer or its designated representative if the employee organization is an exclusive representative.

(3) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.

(4) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.

(5) Distribute organizational literature or otherwise solicit public school employees during working hours in areas where the actual work of public school employees is being performed in such a way as to hinder or interfere with the operation of the public school employer. This paragraph shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or duty-free lunch period or in such areas not specifically devoted to the performance of the employee’s official duties.

(6) Hinder or prevent (by threats, intimidation, force or coercion of any kind) the pursuit of any lawful work or employment by any person, or unreasonably interfere with the entrance to or egress from any place of employment.

(7) Instigate or advocate support, in any positive manner, for an employee organization’s activities from students on school property.
14 Del. C. § 4206 — Delaware Code / Title 14 / Chapter 42 / Section 4206
§ Â
        4206. Technology block grants.
Status: in_force

This act creates a Technology Block Grant to be administered by the Delaware Center for Educational Technology (DCET) and the Department of Education (DOE). DCET shall administer a noncompetitive application process to determine grant awards to local school districts and charter schools. Funds provided by this act shall be used for the purpose of supporting the maintenance, replacement, personnel and/or contractual requirements to maintain a system of technology within the school districts. Such funding distribution shall be calculated using a funding formula based on a per pupil cost of technology maintenance. Notwithstanding the formula, each district shall be guaranteed a minimum level of block grant support. The formula developed shall be approved by the co-chairs of the Joint Finance Committee. It shall be the responsibility of the Department of Education, in consultation with DCET, to receive and disburse the block grant funds. The Department shall also be charged with the authority to verify the use of the funds and shall require each school district to annually report on expenditures of the funds.
14 Del. C. § 1087 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1087
§ Â
        1087. Electioneering.
Status: in_force

Electioneering as described in § 4942 of Title 15 is prohibited in any public school election.
14 Del. C. § 4152 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4152
§ Â
        4152. Financial literacy education as a required Â½ credit.
Status: in_force

(a) For purposes of this section:

(1) “Charter school” means a public school established under Chapter 5 of this title.

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

(3) “School district” means a clearly defined geographic subdivision of this State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education.

(b) A school district or charter school serving high school students shall provide, at a minimum, a ½ credit on financial literacy.

(1) A standards-aligned curriculum with high rigorous instructional materials that includes assessments.

(2) Opportunities for high-quality initial and ongoing professional learning made available to teachers by the local education agency.

(c) Beginning with students entering grade 9 in the 2026 through 2027 school year, students must successfully complete a ½ credit in financial literacy as part of the social studies or elective credits required to receive a high school diploma issued under § 152(a) of this title.

(d) School districts and charter schools are encouraged to partner with private or public enterprises or individuals to add value to the student experience in the ½ credit required under subsection (b) of this section. These partnerships may include serving as expert class presenters on financial literacy topics, sponsoring student competitions, awarding scholarships for outstanding achievements, and sponsoring or providing teacher professional development, or serving as expert presenters.

(e) The Department, with the approval of the State Board of Education, shall adopt or update regulations to implement this legislation.

(f) The ½ credit must be aligned to the current financial literacy standards.
14 Del. C. § 9111 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9111
§ Â
        9111. Name of campus in Sussex County.
Status: in_force

The Sussex County campus of the Delaware Technical and Community College shall be named “Jack F. Owens Campus.”
14 Del. C. § 159 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 159
§ Â
        159. State high school diploma for veterans serving during times of war or conflict.
Status: in_force

(a) Notwithstanding any statute, rule or regulation to the contrary, the Department shall provide for the awarding of a state high school diploma to any veteran who:

(1) Left a Delaware school prior to graduation in order to serve in the armed forces of the United States;

(2) Did not receive a Delaware high school diploma, or received a G.E.D., as a consequence of such service; and

(3) Was discharged from the armed services under honorable conditions.

(b) The Department and the Delaware Commission of Veterans Affairs shall jointly promulgate rules, regulations and guidelines for the identification of eligible veterans and for the awarding of diplomas pursuant to this subsection, which shall include posthumous awards.

(c) For purposes of this section, “veteran” means any veteran who performed service during any of the following periods: World War II: December 7, 1941 through December 11, 1946, and also during occupation of defeated territories up to September 8, 1951; Korean War: June 27, 1950 through January 31, 1955; and Vietnam: May 1, 1961 through April 30, 1975.
14 Del. C. § 5101 — Delaware Code / Title 14 / Chapter 51 / Section 5101
§ Â
        5101. Corporate status, membership and perpetuity.
Status: in_force

(a) The University of Delaware, hereinafter referred to as “the University,” is continued as a corporation and, as such, shall have perpetual succession and existence.

(b) The members of the Board of Trustees of the University shall constitute the membership of the corporation.
14 Del. C. § 9202 — Delaware Code / Title 14 / Chapter 92 / Section 9202
§ Â
        9202. Definitions.
Status: in_force

Unless the context clearly requires otherwise, in this chapter the following words have the meanings indicated:

(1) “Authority” means the Delaware Higher Education Supplemental Loan Authority.

(2) “Authority loans” means loans by the Authority to institutions of higher education for the purpose of funding education loans.

(3) “Bond resolution” means the resolution or resolutions of the Authority and the trust agreement, if any, authorizing the issuance of and providing for the terms and conditions applicable to bonds.

(4) “Bonds” means bonds, notes or other evidences of obligation of the Authority issued under this chapter including, without limitation, bond or revenue anticipation notes, notes in the nature of commercial paper and refunding bonds.

(5) “Borrower” means a student who has received an education loan or any parent who has received or agreed to pay an education loan.

(6) “Costs of attendance” means the tuition and fees applicable to a student, together with the institution’s estimate of other expenses reasonably related to cost of attendance at that institution including, without limitation, the cost of room and board, transportation, books and supplies.

(7) “Default insurance” means insurance insuring education loans, Authority loans or bonds against default.

(8) “Default reserve fund” means a fund established under a bond resolution for the purpose of securing education loans, Authority loans or bonds.

(9) “Education loan” means a loan which is made by an institution to a student or to parents of a student, or both, in amounts not in excess of the maximum amounts specified by the Authority to finance a part or all of the cost of the student’s attendance at that institution.

(10) “Education loan series portfolio” means all education loans made by a specific institution which are funded from the proceeds of an Authority loan to the institution of higher education out of the proceeds of a related specific bond issue through the Authority.

(11) “Institution” means any public or private nonprofit educational institution situated within this State which:

a. Provides a program of education beyond the high school level;

b. Awards an associate’s, bachelor’s or advanced degree;

c. Is accredited by the Commission on Higher Education of the Middle States Association of Colleges and Schools or by a national accrediting association or group recognized by the Council on Postsecondary Accreditation.

(12) “Loan funding deposit” means moneys or other property deposited by an institution with the Authority or a trustee, in amounts the Authority determines necessary as a condition for an institution’s participation in the Authority’s programs to:

a. Provide security for bonds;

b. Fund a default reserve fund;

c. Acquire default insurance; or

d. Defray costs of the Authority.

(13) “Parent” means any parent or guardian of a student at an institution of higher education.
14 Del. C. § 4601 — Delaware Code / Title 14 / Chapter 46 / Section 4601
§ Â
        4601. Definitions.
Status: in_force

As used in this chapter:

(1) “Applicant” means any school district, public school, or institute of higher education acting independently, or as part of a consortium with other school districts or public schools.

(2) “Public school” means any school that is part of a reorganized school district, a vocational school, or a charter school established under Chapter 5 of this title.
14 Del. C. § 1718 — Delaware Code / Title 14 / Chapter 17 / Section 1718
§ Â
        1718. Matching federal funds.
Status: in_force

For the purpose of matching any appropriation made for such educational acts as have been or may be passed by the Congress of the United States, the Department of Education is hereby directed and empowered to prescribe to each of the local school boards of education and to the boards of trustees of the university or college supported by state funds the amount necessary to be allocated by said respective boards to comply with the purpose and intent of said educational acts which require the matching of funds.
14 Del. C. § 1078 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1078
§ Â
        1078. Determination of qualifications of the voter.
Status: in_force

For the purpose of determining whether a person offering to vote at a school election is in fact the person he or she claims to be and is qualified to vote, that individual shall complete an affidavit, promulgated by the Commissioner of Elections, which shall affirm that the individual offering to vote is a qualified voter of the school district pursuant to § 1077 of this title. If it can be determined by a majority opinion of the inspector and both judges assigned to that polling place that the individual offering to vote has met the qualifications for that school election pursuant § 1077 of this title, then said individual shall be permitted to vote. Otherwise, an election official shall require the person offering to vote to produce reasonable identification of himself or herself and their place of residence in the school district. The said identification may be:

(1) Delaware driver’s license;

(2) Delaware ID card;

(3) Work ID card with photo and address; or

(4) U.S. postal material.

If a vote is objected to for the reason that the person offering to vote is not qualified to vote in that school election, its admission or rejection shall be determined according to the opinion of a majority of the inspector and both judges assigned to that polling place.
14 Del. C. § 8524 — Delaware Code / Title 14 / Chapter 85 / Section 8524
§ Â
        8524. Appeal to Superior Court; certification of record.
Status: in_force

(a) Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the Superior Court of the county wherein such person resides, or in the case of a corporation, wherein the registered office is located. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in any county of this State. The review shall be on the record without a trial de novo.

(b) Service of summons issued in such review proceedings may be had upon any member of the Department. The Department shall not be required to certify the record of the proceeding unless the plaintiff in the review proceedings shall first pay to the Department a sum to be determined by the Department for every page of such record. Exhibits shall be certified without cost.
14 Del. C. § 8102 — Delaware Code / Title 14 / Chapter 81 / Section 8102
§ Â
        8102. Definitions.
Status: in_force

(a) “Academic institution” means public or nonpublic institution of higher education or institution of postsecondary education.

(b) “Applicant” means a prospective student applying for admission into the subject academic institution.

(c) “Electronic communication device” means a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device whether mobile or desktop, 2-way messaging device, electronic game, or portable computing device.

(d) “Social networking site” means an Internet-based, personalized, privacy-protected website or application whether free or commercial that allows users to construct a private or semi-private profile site within a bounded system, create a list of other system users who are granted reciprocal access to the individual’s profile site, send and receive email, and share personal content, communications, and contacts.

(e) “Student” means a person which at all relevant times is admitted into the academic institution.
14 Del. C. § 3439 — Delaware Code / Title 14 / Chapter 34 / Subchapter IV / Section 3439
§ Â
        3439. Mental Health Services Scholarship.
Status: repealed

(a) (1) To be eligible for the Mental Health Services Scholarship, an applicant must be enrolled as a full-time student in a master’s degree program in a Delaware postsecondary institution that will lead to certification as a school counselor, school psychologist, or school social worker in a Delaware public school.

(2) The Office shall establish application requirements.

(3) Scholarships are awarded contingent upon funding from the General Assembly and based on the size of the applicant pool.

(4) Scholarships may be renewed for a total of 2 years of graduate study, if the recipient meets the renewal requirements established by the Office.

(b) [Repealed.]
14 Del. C. § 2702 — Delaware Code / Title 14 / Chapter 27 / Subchapter I / Section 2702
§ Â
        2702. Compulsory attendance requirements; evaluation of readiness; exit interview.
Status: in_force

(a) Except as otherwise provided, the following provisions are applicable to school attendance in this State:

(1) Every person in this State who has legal custody, guardianship of the person, or legal control of a child between 5 and 16 years of age, including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title, shall enroll the child in a public school in the school district of the person’s residence.

(2) Every person who has legal custody, guardianship of the person, or legal control of a student, including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title, who is enrolled in a public school of this State shall send the student to the school each day of the minimum school term and to any academic improvement activities required by § 153 of this title.

(3) Every student who is enrolled in a public school of this State shall attend the school each day of the minimum school term and any academic improvement activities required by § 153 of this title. A student who has been absent from school without a valid excuse for more than 3 school days in a school year is a truant. A truant and the parent of a truant are subject to the administrative procedures and court proceedings set out in subchapter II of this chapter.

(b) For the purposes of this section, a child shall be considered 5 years of age if that child celebrates the child’s fifth birthday according to the following schedule:

Local school authorities may grant exceptions to the above schedule for entry into school if they determine that such exception is in the best interest of the child.

(c) The following provisions shall be applicable to the administration of subsection (a) of this section in regard to compulsory attendance in the kindergarten for a child age 5 years:

(1) If a child is a resident of the State at the time of that child’s eligibility for admission to the kindergarten at age 5, the parents, guardian or legal custodian of that child may request that school authorities evaluate the child’s readiness for attendance and may request a delay of 1 year in that attendance. However, admission to first grade will be authorized only after school authorities evaluate the child’s readiness for attendance.

(2) If a child was not a resident of the State at the time of that child’s eligibility for admission to the kindergarten at age 5, the parents, guardian or legal custodian of that child may request that school authorities evaluate the child’s readiness for attendance and on the basis of that evaluation authorize admission to grade 1.

(3) The parent, guardian, legal custodian or relative care giver, as defined in § 202(f)(2) of this title, of a child who is eligible for admission to kindergarten at age 5 may opt for the child to attend kindergarten for a half-day per day, totaling 440 hours in a school year.

(d) The following provisions shall be applicable in regard to statewide minimum mandatory attendance requirements in each school year for children in grades K through 12.

(1) Following the tenth day of unexcused absence by a student, the school shall immediately notify the parent or parents or guardian and a visiting teacher for the district shall visit the student’s home;

(2) Following the fifteenth day of unexcused absence by a student, the student’s parent or parents or guardian shall be notified by certified mail to appear at the school within 10 days of notification for a conference and counseling;

(3) Following the twentieth day of unexcused absence by a student, the school shall refer the case for prosecution;

(4) Following the completion of prosecution of the case and the subsequent failure of the student to return to school within 5 school days thereof, the school shall immediately notify the Department of Services for Children, Youth and Their Families requesting intervention services by the Department. The Department shall contact the family within 10 business days.

(e) Following the tenth unexcused day of attendance by a student in grades 6 through 12 inclusive, the building principal shall notify a visiting teacher of such unexcused days.

(f) If contacted by the school pursuant to paragraph (d)(2) of this section, each parent or guardian of a student shall sign a contract with the district agreeing they will make every reasonable effort to:

(1) Have their child or children abide by the school code of conduct;

(2) Make certain their child attends school regularly; and

(3) Provide written documentation for the reasons for any absence.

(g) Any day of summer school, any session of after school or Saturday extra instruction, or any session of mentoring which a child is required to attend as an academic improvement activity in conformity with § 153 of this title shall be considered a school day for purposes of this chapter, and for purposes of § 901 of Title 10, § 1100 of Title 11, and § 301 of Title 31 of this Code, or wherever the term school day or its equivalent is used in a provision of this Code designed to minimize or punish truancy.

(h) Every student who is enrolled in a public school of this State in grades 6 through 12 shall be allowed 1 excused absence per school year to attend a civic engagement activity, which includes visiting Capitol Hill in Washington, D.C. or Legislative Hall in Dover, visiting a site of significant historical or cultural importance, advocating for or testifying on behalf of legislation, or participating in a rally, march, or protest.

(1) For purposes of this subsection, “1 excused absence” is defined as 1 partial or full school day. Students may not take more than 1 excused partial day and combine them to consider them to be “1 excused absence.”

(2) For any civic engagement event that occurs on a day when the student’s school is not in session, the student may not redeem or exchange this nonschool day for an excused absence on a school day.

(3) For a student to attend a civic engagement event, the student’s parent or guardian must provide written permission to the school principal or designee no later than 3 school days prior to the student’s planned absence. It is incumbent upon each school to determine what is acceptable as written permission, either a letter or email from the parent or guardian, or a form designed by the school or school district.

(4) The Delaware Department of Education is not responsible for monitoring, tracking, or gathering any information or data regarding students’ excused absences to participate in civic engagement activities.

(i) A child over the age of 16 may withdraw from public school prior to graduation if both of the following circumstances exist:

(1) Where the student is fewer than 18 years of age, written consent is granted by the child’s parent or guardian.

(2) An exit interview is conducted where the student and the student’s parent or legal guardian have been advised that withdrawal from school shall likely reduce the student’s future earning potential and increase the student’s likelihood of being unemployed in the future. During the exit interview, the student who is withdrawing from school shall be given information that has been prepared and supplied by the Department regarding the detrimental impacts and effects of early withdrawal from school, along with any available information about training and employment opportunities. The school and the student and the student’s parent or legal guardian shall also evaluate any available support services, interventions or programs that might assist the student in remaining enrolled until graduation. A school is required to make 3 good faith attempts to contact a student’s parent or legal guardian to schedule an exit interview pursuant to this paragraph.

(j) A pupil’s absence from school for a mental or behavioral health reason is a necessary and an excused absence. Each school district and charter school shall determine the maximum number of excused absences allowable under this subsection.

(1) For purposes of this subsection, “excused absence” means a full school day and does not require a medical or doctor’s note.

(2) A student may not be penalized for an excused absence for the mental or behavioral health of the student and must be given the opportunity to make up any schoolwork missed during such excused absence.

(3) After the second and subsequent excused absence for the mental or behavioral health of the student, the student must be referred to a school-based mental or behavioral health specialist.

(4) The Department of Education shall provide the technical ability, via the state student information system, for local education agencies to code and create reports related to these absences.
14 Del. C. § 3514 — Delaware Code / Title 14 / Chapter 35 / Section 3514
§ Â
        3514. Enforcement of part-time school attendance.
Status: in_force

The school officials charged with the responsibility of enforcing the compulsory attendance laws of this State shall also be responsible for the enforcement of the attendance upon part-time schools or classes in accordance with the terms of this chapter.
14 Del. C. § 9004C — Delaware Code / Title 14 / Chapter 90C / Section 9004C
§ Â
        9004C. Department of Education; reporting.
Status: in_force

(a) (1) Under this chapter, the Department of Education shall compile and complete an annual report of admissions from each academic institution and submit the report to the Controller General, with copies to the Chairpersons of the Senate and House of Representatives Education Committees, the Senate Corrections and Public Safety Committee, and the House of Representatives Corrections Committee, before June 1 of each year.

(2) The annual report shall include the following statistics:

a. The race of each accepted student.

b. The race of each applicant.

c. The gender each accepted student.

d. The gender of each applicant.

e. The number of applicants eligible for Pell Grants.

f. The number of accepted students who receive Pell Grants.

(3) The annual report shall include all application forms used by any academic institution whose data is reported under this section.

(b) The Department of Education shall cease reporting by October 21, 2029.
14 Del. C. § 405A — Delaware Code / Title 14 / Chapter 4A / Section 405A
§ Â
        405A. Department duties.
Status: in_force

The Department shall:

(1) Provide training on the uniform public school registration process established under this chapter to public school employees who are assigned to assist parents with the uniform public school registration process, including specific training related to the paper-based, in-person registration process.

(2) Issue guidelines for privacy of information submitted as part of the uniform public school registration process.
14 Del. C. § 3704 — Delaware Code / Title 14 / Chapter 37 / Section 3704
§ Â
        3704. Cost records.
Status: in_force

The State Risk Manager shall keep accurate detailed accounts of the cost of each rebuilding of school buildings and replacement of school equipment under this chapter and of all moneys expended by the State therefor.
14 Del. C. § 2119 — Delaware Code / Title 14 / Chapter 21 / Section 2119
§ Â
        2119. Report of tax collections and payment of collected taxes.
Status: in_force

(a) Each receiver of taxes and county treasurer shall, on the first day of each month, make a report to the school board of the district for which the receiver or treasurer is collecting taxes, to the State Treasurer and the Department of Education of all taxes collected in the previous month.

(b) Each receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the State Treasurer all funds collected by that receiver of taxes or county treasurer for any district.
14 Del. C. § 8904 — Delaware Code / Title 14 / Chapter 89 / Section 8904
§ Â
        8904. Fund established.
Status: in_force

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

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

(c) The Fund established by this section, and the guidelines established therefore in § 8905 of this title shall be distinct from, and in addition to, the money directly given to the individual teachers as specified in § 8903 of this title.
14 Del. C. § 4138 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4138
§ Â
        4138. Cursive writing.
Status: in_force

(a) Beginning in the 2018-2019 school year, every public elementary school shall teach cursive writing by the end of grade 4 as a component of English language arts.

(b) Each board of education shall see that the requirements of subsection (a) of this section are complied with in the elementary schools under its respective jurisdiction.
14 Del. C. § 1919 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1919
§ Â
        1919. Report of school tax collections and payment of collected taxes.
Status: in_force

(a) Each receiver of taxes and county treasurer shall on the first day of each month make a report to the school board of the district for which the receiver or treasurer is collecting taxes, to the State Treasurer and the Department of Education, of all taxes collected in the previous month. The forms shall show a complete breakdown of taxes collected, such as capitation, debt service and current expenses, and such other information as may be required.

(b) Each receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the State Treasurer all funds collected by him or her for any district.

(c) (1) For tax years beginning on or after May 1, 1999, but before May 1, 2000, each receiver of taxes and county treasurer shall, in accordance with rules and deadlines established by the Secretary of Finance, report to the Secretary of Finance the amount of credits allowed under § 1917(c) for the current tax year. Credits shall be allowed and reported to the Secretary of Finance only in the event the claimant has paid the school tax due for the tax year.

(2) The Secretary of Finance shall, after receiving the report required under paragraph (c)(1) of this section, pay over to each receiver of taxes and county treasurer an amount from the Elderly Property Tax Relief and Education Expense Fund established pursuant to § 6102(q) of Title 29, Delaware Code, to offset administrative costs to each county an amount up to 5% of the value of credits claimed, but not to exceed $50,000. The Secretary of Finance may use an amount from the Elderly Property Tax Relief and Education Expense Fund established pursuant to § 6102(q) of Title 29, Delaware Code to offset administrative costs up to 5% of the value of credits claimed, but not to exceed $50,000.

(3) For tax years beginning on or after May 1, 1999 and before May 1, 2000, each receiver of taxes and county treasurer shall, no later than January 31, 2000, submit a list to the Secretary of Finance of taxpayers qualifying and approved for the credit under § 1917(c) of this Title, the amount equal of the school tax paid by said taxpayer, and the school tax that would have been due taking into account the credit under § 1917(c), along with such other information as deemed appropriate by the Secretary of Finance.

(4) For tax years beginning on or after May 1, 1999 and before May 1, 2000, the Secretary of Finance shall refund to taxpayers qualifying and approved for the credit under § 1917(c) of this title an amount equal to the school tax paid by said taxpayer less the school tax that would have been due taking into account the credit under subsection (c) of this section.

(5) The Secretary of Finance may promulgate such rules and regulations and prescribe such forms and reports as the Secretary of Finance shall deem necessary to implement this subsection.

(d) For tax years beginning on or after May 1, 2000, each receiver of taxes and county treasurer shall report to the Secretary of Finance the amount of credits allowed under § 1917(c) of this title for that tax year within 90 days of the date of any property tax billing. Such reports shall contain such further information and be in such form as the Secretary shall prescribe. The Secretary shall pay over to the State Treasurer, no later than 30 days following receipt of such report, an amount from the Elderly Property Tax Relief and Education Expense Fund established pursuant to § 6102(q) of Title 29 equal to the allowable credits which shall be deposited into a separate account in the depository for other school moneys to the credit of the district.

(e) For tax years beginning on or after May 1, 2022, each receiver of taxes and county treasurer shall report to the Secretary of Finance the amount of credits allowed under § 1917(d) of this title for that tax year within 90 days of the date of any property tax billing. Such reports shall contain such further information and be in such form as the Secretary shall prescribe. The Secretary shall pay over to the State Treasurer, no later than 30 days following receipt of such report, an amount from the Disabled Veterans Property Tax Relief and Education Expense Fund established pursuant to § 6102(r) of Title 29 equal to the allowable credits which shall be deposited into a separate account in the depository for other school moneys to the credit of the district.
14 Del. C. § 9004F — Delaware Code / Title 14 / Chapter 90F / Section 9004F
§ Â
        9004F. Exceptions.
Status: in_force

A university that has a student health center but is not equipped or staffed to provide medication abortion must do all of the following:

(1) Provide information and referral services for medication abortion to students at the student health center. The referral must be to qualified healthcare providers who can lawfully administer medication abortion.

a. The referral process must include providing students with contact information for at least 2 qualified healthcare providers, including telehealth providers.

b. If a student requests telehealth services, the university shall provide a private space for the student to engage in the telehealth appointment.

(2) Ensure the university health services website provides comprehensive information and resources for students regarding reproductive services, including prenatal care and termination of pregnancy. The information must include all of the following:

a. Instructions on scheduling an appointment with student health services for pregnancy testing and to discuss pregnancy options.

b. Contact information for the university’s mental health services.

c. Links and contact information for campus resources that assist with receiving requests for academic accommodations, including absences, rescheduling exams, or adjusting other academic requirements during recovery from pregnancy or a medical treatment.
14 Del. C. § 5113 — Delaware Code / Title 14 / Chapter 51 / Section 5113
§ Â
        5113. Donations; misnomer.
Status: in_force

Devises, bequests, gifts and grants to the University shall not be avoided by any misnomer if the description can be understood with reasonable certainty.
14 Del. C. § 4102 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4102
§ Â
        4102. Penalties for violation of Ââ4101 of this title.
Status: in_force

Any teacher or principal who refuses to comply with § 4101 of this title shall be subject to a penalty of $5 for the first violation and $25 for any violation thereafter.
14 Del. C. § 1410 — Delaware Code / Title 14 / Chapter 14 / Subchapter II / Section 1410
§ Â
        1410. Notice of intention to terminate services.
Status: in_force

(a) In the event that any board desires to dispense with the services of any teacher, such board shall give notice in writing to such teacher on or before May 15 of any year of its intention to terminate said teacher’s services at the end of such school year. For teachers identified pursuant to § 1403(a)(1), (a)(2), (a)(3) or (d) of this title, such written notice shall state the reasons for such intended termination of services and shall be accompanied by a copy of this chapter; provided, however, that this requirement shall not apply to those teachers employed temporarily to replace professional personnel on leave of absence or those holding temporary certificates.

(b) Teachers other than those identified pursuant to § 1403(a)(1), (a)(2), (a)(3) or (d) of this title may, within 7 days of receiving notice of intention to terminate services, request in writing, the reason or reasons for such notice. The board will provide such reason or reasons in writing and a copy of this chapter no later than 5 days after receipt of such a request, provided that the stated reason or reasons must have either been contained in the teacher’s performance appraisal, and the teacher was provided time to correct any deficiency through an individualized improvement plan or other documented materials properly placed in the teacher’s personnel file prior to said notice. In providing the reason or reasons, the board is not limited to the reasons set forth in § 1411 of this title. Within 7 days of receiving the reason or reasons for the notice of intention to terminate services, a teacher may request in writing a conference with the board’s superintendent for the purpose of discussing the reason or reasons and attempting to resolve any disputed matter. Within 10 days of receiving such a request for a conference, the superintendent shall personally provide the teacher a conference to review the matter. The conference with the superintendent is final and conclusive. The provisions of this subsection shall not apply to teachers employed temporarily to replace professional personnel on leave of absence or to teachers holding temporary certificates.
14 Del. C. § 4502 — Delaware Code / Title 14 / Chapter 45 / Section 4502
§ Â
        4502. Establishment; statement of purpose.
Status: in_force

There is established a Grow Your Own Educator Program to improve the recruitment, retention, and diversity of educators in Delaware’s K-12 public schools.
14 Del. C. § 2601 — Delaware Code / Title 14 / Chapter 26 / Section 2601
§ Â
        2601. Power of county vocational-technical high school districts and county vocational-technical school districts to levy taxes for school purposes [Effective upon fulfillment of 80 Del. Laws, c. 19, Ââ2].
Status: in_force

(a) Any county vocational-technical high school district or county vocational-technical center district may, in addition to the amounts appropriated to it by the General Assembly, levy and collect additional taxes for school purposes upon the assessed value of real estate in such district, as determined and fixed for county taxation purposes, however:

(1) The amount to be raised by taxation for current expense must not exceed 26.50 cents on each $100 value of real property in Sussex County for the tax year 2021, 27.50 cents for tax year 2022, 28.50 cents for tax year 2023, 29.50 cents for tax year 2024 and all years thereafter.

(2) The amount to be raised by taxation shall not exceed 14 cents on each $100 of value of real property in Kent County for the tax year 1993 and all years thereafter.

(3) The amount to be raised by taxation shall not exceed 13 cents on each $100 of the value of real property in New Castle County for the tax year 1982 and shall not exceed 14 cents on each $100 of the value of real property in New Castle County for the tax year 1983 and all tax years thereafter.

(b) Any county vocational-technical high school district, or county vocational-technical center district, shall not charge tuition to cover the cost of vocational-technical education for nonresident pupils and shall not, in formulating admission policy, give preference to any applicant for admission based on the residence of such applicant.

(c) In the event a general reassessment of all real estate in the county changes the total assessed valuation of a county vocational-technical high school district or a county vocational-technical center, the board of education of such district shall calculate a new tax rate which, at its maximum, would realize no more than 10 percent increase in actual revenue over the revenue derived by real estate tax levied in the fiscal year immediately preceding such reassessed real estate valuation.

(d) The provisions of subsection (a) of this section to the contrary notwithstanding, a vocational-technical school district which is required to provide a local share for a school construction project may establish a countywide tax sufficient to pay the principal and interest on the bonds for the local share of the project.(a) Any county vocational-technical high school district or county vocational-technical center district may, in addition to the amounts appropriated to it by the General Assembly, levy and collect additional taxes for school purposes upon the assessed value of real estate in such district, as determined and fixed for county taxation purposes, however:

(1) The amount to be raised by taxation for current expense must not exceed 26.50 cents on each $100 value of real property in Sussex County for the tax year 2021, 27.50 cents for tax year 2022, 28.50 cents for tax year 2023, 29.50 cents for tax year 2024 and all years thereafter.

(2) The amount to be raised by taxation shall not exceed 14 cents on each $100 of value of real property in Kent County for the tax year 1993 and all years thereafter.

(3) The amount to be raised by taxation shall not exceed 15 cents on each $100 of the value of real property in New Castle County for the tax years 2015 and 2016, shall not exceed 16 cents on each $100 of real property in New Castle County for the tax years 2017 and 2018, shall not exceed 17 cents on each $100 of real property in New Castle County for the tax years 2019 and 2020, and shall not exceed 20 cents on each $100 of real property in New Castle County for the tax year 2021 and all tax years thereafter.

(b) Any county vocational-technical high school district, or county vocational-technical center district, shall not charge tuition to cover the cost of vocational-technical education for nonresident pupils and shall not, in formulating admission policy, give preference to any applicant for admission based on the residence of such applicant.

(c) In the event a general reassessment of all real estate in the county changes the total assessed valuation of a county vocational-technical high school district or a county vocational-technical center, the board of education of such district shall calculate a new tax rate which, at its maximum, would realize no more than 10 percent increase in actual revenue over the revenue derived by real estate tax levied in the fiscal year immediately preceding such reassessed real estate valuation.

(d) The provisions of subsection (a) of this section to the contrary notwithstanding, a vocational-technical school district which is required to provide a local share for a school construction project may establish a countywide tax sufficient to pay the principal and interest on the bonds for the local share of the project.
14 Del. C. § 1047 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1047
§ Â
        1047. Treasurer.
Status: in_force

The State Treasurer shall serve as treasurer of each reorganized school district in the State and shall receive all moneys to which the reorganized school districts are entitled by law and all those moneys collected for school purposes by the receiver of taxes and county treasurer or their successors of each county, who shall deposit all such moneys in the legal depository for State moneys in the custody of the State Treasurer.

Where any provision of this section is inconsistent with Chapter 92, Volume 23, Laws of Delaware, as amended, relating to the school district of the City of Wilmington and the Board of Public Education in Wilmington, Chapter 92, Volume 23, Laws of Delaware, as amended, shall control.
14 Del. C. § 1716G — Delaware Code / Title 14 / Chapter 17 / Section 1716G
§ Â
        1716G. Substitute teachers.
Status: in_force

(a) Substitute teachers shall be used to provide temporary teaching to pupils when the regular teacher is unavailable due to illness, leave, or other reasons.

(b) During the fiscal year beginning July 1, 2023, and annually thereafter, allocation of funds shall be targeted to high needs elementary, middle and high schools, with populations of 50% or more of low-income students,

(c) Substitute teachers shall be paid from state funds for 10 months and shall be paid a starting salary equitable to a No Degree Step 1 in accordance with § 1305 of this title.

(d) Individuals hired under this section must have obtained an associate’s or bachelor’s degree from an accredited institute of higher education.

(e) All individuals hired under this section are subject to the provisions of Chapter 41 of this title and, at the discretion of each local education agency, subject to district and building level professional development requirements.

(f) To ensure success of these substitute teachers, each school district and charter school must develop and implement a professional development program specifically designed for these substitute teachers that, at a minimum, includes all of the following:

(1) Implementing lesson plans.

(2) Classroom management.

(3) Student behavior, including disability awareness and behaviors that may manifest as a result of disabilities.

(4) Basic understanding of Individualized Education Plans and 504 Plans [29 U.S.C. § 794].

(g) Participation in professional development provided in subsection (f) of this section shall be used as credit towards a standard certificate.
14 Del. C. § 191 — Delaware Code / Title 14 / Chapter 1 / Subchapter VI / Section 191
§ Â
        191. Revocation of certificates of approval.
Status: in_force

(a) The Department may revoke a certificate of approval that has been issued to a person for any of the following causes:

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

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

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

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

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

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

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

(8) Failing to meet the criteria for approval.

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

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

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

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

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

(e) The burden of proof in a certificate of approval revocation action is on the Department to show by a preponderance of evidence that there is cause for revoking a certificate of approval.
14 Del. C. § 7102 — Delaware Code / Title 14 / Chapter 71 / Section 7102
§ Â
        7102. Appointment, term, etc., of district library commission.
Status: in_force

Each district library commission shall be composed of 5 members who are residents of the school district in which the public library is established. The 5 members serving on any such district library commission as of July 1, 1975, shall continue in office until the expiration of the terms for which they were appointed. Upon the expiration of the term of any member, such member’s successor shall be appointed by the Resident Judge of the Superior Court of the State for the county in which the school district is located for a term of 5 years. In case a district is located partly in each of 2 counties, the appointments to fill vacancies caused by expiration of a term shall be made alternately from the 2 counties by the Resident Judge of the county in which the greater number of residents of the school district reside. Appointment to fill an unexpired term is not to be considered a complete term. Each member shall hold office until the member’s successor is appointed and qualified. Any vacancy in the membership of the commission shall be filled by the Resident Judge for the unexpired portion of the 5 year term.
14 Del. C. § 1065 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1065
§ Â
        1065. Dissolution of school boards upon consolidation of reorganized school districts; appointments by State Board of Education; members elected annually after consolidation; appointment by Governor [For application of this section, see 83 Del. Laws, c. 251, Â 7].
Status: in_force

(a) Upon the consolidation of reorganized school districts under § 1027 of this title, the school boards of such consolidating reorganized school districts shall be dissolved as of the effective date of consolidation.

(b) Except as provided in subsection (c) of this section, the State Board of Education shall upon consolidation appoint 5 members of the previously existing school boards of the consolidating districts to the school board of the consolidated district and shall designate 1 member to serve for a term of 5 years, 4 years, 3 years, 2 years, and 1 year, respectively. The qualified voters of the consolidated district shall, at each annual election after consolidation, elect 1 member for a term of 4 years who shall serve from the July 1 next succeeding that member’s election and until that member’s successor qualifies.

(c) In the case of any consolidation of vocational-technical school districts under § 1027 of this title, the Governor shall appoint 7 members of the previously existing school boards of the consolidating vocational-technical districts to the school board of the consolidated vocational-technical district and shall designate 1 member each to serve for a term of 7 years, 6 years, 5 years, 4 years, 3 years, 2 years and 1 year, respectively. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member’s appointment and until that member’s successor qualifies.
14 Del. C. § 3503 — Delaware Code / Title 14 / Chapter 35 / Section 3503
§ Â
        3503. Excusing nonestablishment of part-time schools or classes.
Status: in_force

Whenever any school board deems it inexpedient to organize part-time schools or classes for employed minors, it shall state the reasons for such inexpediency in a petition to the State Director for Vocational Education, and when the Secretary or Deputy Secretary of Education, upon the recommendation of the State Director, judges such reasons to be valid, the school board shall be excused from the establishment of such part-time schools or classes.
14 Del. C. § 1703A — Delaware Code / Title 14 / Chapter 17 / Section 1703A
§ Â
        1703A. Extended Learning Opportunities Subcommittee.
Status: in_force

(a) The IRMC Extended Learning Opportunities Subcommittee is established to oversee coordination, research, and planning statewide for before and after school and summer learning programs for school-age children and advise the General Assembly and the Governor.

(b) The duties of the IRMC Subcommittee are as follows:

(1) Research national and local trends and best practices in extended learning programs and services and recommend new public policy that aligns with that research.

(2) Develop program standards and suggest funding protocols.

(3) Establish standards for program performance and evaluation.

(4) Make regular recommendations regarding coordination of services among different stakeholders, especially with organizations and programs providing early childhood services.

(5) Submit a yearly summary of its recommendations to the IRMC to include in its annual report under § 1703(n)(5)b of this title.

(c) The Subcommittee shall be composed of 19 members:

(1) The following members shall serve by virtue of their position and may designate a person to serve in their stead and at their pleasure:

a. The Secretary of the Department of Education, or the Secretary’s designee.

b. The Secretary of the Department of Children, Youth and Their Families, or the Secretary’s designee.

c. The Secretary of the Department of Health and Social Services, or the Secretary’s designee.

(2) The Delaware After School Network Director, appointed by the Governor.

(3) A representative of a nonprofit afterschool program provider, appointed by the Governor.

(4) A representative of a private afterschool program provider, appointed by the Governor.

(5) A representative of a summer program provider, appointed by the Governor.

(6) A school district superintendent, appointed by the Governor.

(7) A representative for elementary school teachers, appointed by the President of the Delaware State Education Association.

(8) A representative for secondary school teachers, appointed by the President of the Delaware State Education Association.

(9) Four members of the public, who shall be appointed by the Governor.

(10) A representative of the Charter School community, appointed by the Delaware Charter School Network.

(11) A representative of the Governor’s Advisory Council on Exceptional Children, appointed by the Chair of the GACEC.

(12) A licensed provider that services children who are not yet kindergarten age or school age, appointed by the Governor.

(13) Two principals — 1 elementary and 1 secondary — appointed by the Delaware Association of School Administrators.

(d) Terms of appointed members; chairperson. —

(1) Each appointed member shall be appointed to serve a term of up to 2 years. Members shall be appointed for staggered terms, so that no more than half of the appointed members’ terms expire in any 1 calendar year. Appointed members are eligible for reappointment.

(2) From the members, set forth in paragraphs (c)(2) through (13) of this section, there shall be a chairperson of the subcommittee who shall be appointed by the Governor and shall serve at the pleasure of the Governor. The chairperson shall guide the administration of the subcommittee by supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the subcommittee.

(e) The subcommittee shall issue an annual report to the Governor, General Assembly, and the public on the work of the subcommittee and the status of extended learning opportunities for school-aged children in the State.

(f) The Department of Education will provide administrative and staff support for the subcommittee as part of its responsibility to staff the IRMC.

(g) The IRMC Expanded Learning Opportunities Subcommittee shall follow all rules of §  10002(k) of Title 29 relating to public meetings.

(h) The subcommittee shall hold its initial organizational meeting by October 21, 2019, with the date, time, and place for the meeting to be set by the chairperson of the subcommittee.

(i) The subcommittee shall meet at least monthly.
14 Del. C. § 3107A — Delaware Code / Title 14 / Chapter 31A / Section 3107A
§ Â
        3107A. Individualized family service plan.
Status: in_force

(a) The Department must ensure that eligible children and their families annually receive an IFSP that includes all of the following:

(1) A multi-disciplinary assessment of the unique strengths and needs of each eligible child and identification of services appropriate to meet those needs.

(2) A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the eligible child.

(3) A written IFSP in the format specifically prescribed by regulation, developed and approved as follows:

a. The IFSP must be prepared by a multi-disciplinary team which includes the child’s parents.

b. The contents of the IFSP must be fully explained to the parents and informed written consent obtained prior to providing the services described in the IFSP.

c. If parental consent to a particular service is withheld, the early intervention services to which consent is obtained must be provided.

(4) Services under the IFSP must be provided, to the maximum extent appropriate, in the natural environment.

(b) An IFSP must be reviewed every 6 months, or more often when appropriate based on the needs of the child and family.

(c) The initial evaluation, assessment, and plan meeting must be held within 45 calendar days after the initial referral to the early intervention program, except under exceptional family circumstances as allowed under the IDEA.

(d) An IFSP must provide for the child to smoothly transition from services provided under this chapter as required under the IDEA.
14 Del. C. § 3136 — Delaware Code / Title 14 / Chapter 31 / Subchapter V / Section 3136
§ Â
        3136. Timeliness of administrative hearings.
Status: in_force

(a) The Secretary of Education shall ensure that, not later than 45 days after the expiration of the 30-day period in subsection (d) of this section, or the adjusted time periods in subsection (e) of this section:

(1) A hearing is conducted;

(2) A final decision is reached in the hearing; and

(3) A copy of the decision is mailed to each of the parties.

(b) The hearing panel, for good cause, may grant specific extensions of time beyond the time periods set out in subsection (a) of this section at the request of either party; provided, however, that a final decision shall be reached and a copy of the decision mailed to each of the parties within 15 days of the date of the hearing, or, where applicable, within 15 days of the completion of post-hearing argument.

(c) Within 15 days of receiving notice of the parents’ complaint and prior to the opportunity for an impartial due process hearing, the district or state agency shall convene a meeting with the parents and the relevant member of the Individual Education Program (IEP) team who have specific knowledge of the facts identified in the due process complaint where the parents of the child discuss their complaint, and the facts that form the basis of the complaint, and the district or charter school is provided the opportunity to resolve the complaint, unless the parents and the district or state agency agree in writing to waive such meeting, or agree to use the mediation process. The IEP team shall include a representative of the district or state agency that has decision making authority on behalf of the district or state agency and may not include an attorney of the district or state agency unless the parent is accompanied by an attorney.

(d) If the district or state agency has not resolved the complaint to the satisfaction of the parents within 30 days of the receipt of the complaint, the due process hearing may occur.

(e) The 45-day timeline for the due process hearing in subsection (a) of this section starts the day after the occurrence of 1 of the following events:

(1) Both parties agree in writing to waive the resolution meeting; or

(2) Either the mediation or resolution meeting starts, but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or

(3) Both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent, district or state agency withdraws from the mediation process.
14 Del. C. § 2802 — Delaware Code / Title 14 / Chapter 28 / Section 2802
§ Â
        2802. Local authority.
Status: repealed

Repealed by 72 Del. Laws, c. 6, § 4, effective Feb. 8, 1999.
14 Del. C. § 154 — Delaware Code / Title 14 / Chapter 1 / Subchapter III / Section 154
§ Â
        154. School accountability for academic performance.
Status: in_force

(a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public schools, including charter schools, through the Education Profiles required pursuant to § 124A of this title. The program shall classify schools based on the performance of their student bodies on the assessments administered pursuant to § 151(b) and (c) of this title, as well as other criteria as established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify schools by utilizing 3 ratings of school performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A public school may additionally be identified as “Under Improvement” pursuant to criteria of the Federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(b) The Department shall establish criteria for the determination of whether a school is eligible for recognition, or subject to improvement and accountability activities. For the purposes of this section, a school may be defined as an aggregate of grade levels or, an actual facility. The Department regulations setting forth such criteria shall be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(c) The Department shall develop a program to commence during fiscal year 2004 to recognize the performance of schools designated as “Superior Performance” and “Commendable Performance.” Such program shall, subject to the extent of available appropriations, include recognition of schools through the Education Profiles pursuant to § 124A of this title; special ceremonies, the award of plaques or flags.

(d) The Department shall develop a program to improve and hold accountable those schools identified as “Academic Watch.” Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. and “Under Improvement”.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title.
14 Del. C. § 315 — Delaware Code / Title 14 / Chapter 3 / Section 315
§ Â
        315. Waivers of ineligibility.
Status: in_force

(a) Waiver. —

The Executive Director shall waive ineligibility under § 313 of this title if the Executive Director determines that all of the following criteria have been established:

(1) Strict enforcement of ineligibility does not serve to accomplish the purpose of this chapter.

(2) The spirit of ineligibility under this chapter is not offended or compromised by waiving ineligibility.

(3) The principle of educational balance over athletics is not offended or compromised by waiving ineligibility.

(4) Waiving ineligibility does not result in a safety risk to a teammate or competitor.

(b) Written decision. —

The Executive Director shall issue in writing the Executive Director’s decision regarding a request to waive ineligibility under this chapter. The Executive Director must issue the written decision no later than 15 days after the application for a waiver is submitted. A notice of the right to appeal under § 316 of this title must be included in the written decision.

(c) Burden of proof. —

The student who has applied for a waiver under this section has the burden of proof in establishing that the criteria under subsection (a) of this section are met.

(d) Application requirements. —

An application for a waiver under this section must include all facts relevant to the request, including sufficient information for the Executive Director to reach a determination. If an application does not include all the required documentation under subsection (e) of this section, the Executive Director may request the missing documentation. If the student does not provide the missing documentation, the Executive Director may refuse to process the application or may accept the student’s reason for not providing the missing documentation.

(e) Documentation required. —

An application for a waiver under this section must include all of the following documentation:

(1) The student’s official transcripts from eighth grade through the current school year and most recent report card or grade report, if the student’s most recent grades are not included in the transcripts.

(2) The student’s attendance records for the previous 2 years.

(3) A letter from the principal or headmaster of the student’s sending school, either supporting or not supporting the waiver request.

(4) A letter from the student’s parent, guardian, or relative caregiver, explaining in detail the circumstances for requesting a waiver. If the student is 18 years or older, the student or the student’s parent, guardian, or relative caregiver may provide the letter.

(5) Documentation of withdrawal from the student’s sending school, if applicable.

(6) Documentation of acceptance into the student’s receiving school, such as an acceptance letter from the receiving school.

(7) School district choice enrollment program documents that show the date of withdrawal and the date of enrollment, if applicable.

(8) The school calendar for the student’s receiving school.

(9) The student’s medical records, if applicable.

(10) The student’s legal documentation, if applicable.

(11) The student’s individualized education plan, if applicable.

(12) Certification from the student’s sending school and receiving school that the student is transferring for the reasons indicated on the student’s application for a waiver, and that the student’s transfer is not motivated by an athletic advantage, except as under subsection (g) of this section. If the student is unable to obtain the certification from either school, the student may submit a written statement explaining why the student is unable to obtain the certification.

(f) Date of filing. —

An application for a waiver under this section must be filed at least 30 days prior to the start of the interscholastic athletic sport season in which the student wishes to participate.

(g) Transfer for athletic advantage. —

A student who transfers from the student’s sending school to receiving school for athletic advantage may apply for a waiver under this section.
14 Del. C. § 8606 — Delaware Code / Title 14 / Chapter 86 / Section 8606
§ Â
        8606. Staff.
Status: in_force

The Council may obtain the services of professional, technical, and clerical personnel and to contract for such services as may be necessary to carry out the duties and responsibilities of this chapter.
14 Del. C. § 9210 — Delaware Code / Title 14 / Chapter 92 / Section 9210
§ Â
        9210. Fees for services; pledge of revenues as security.
Status: in_force

(a) (1) The Authority shall fix, revise, charge and collect fees and charges for its services and operations and may contract with any person in connection therewith without supervision or regulation by any unit of state government.

(2) Any agreement entered into by the Authority with an institution shall provide that the fees and other amounts payable by the institution with respect to any program of the Authority shall be sufficient at all times:

a. To pay its share of the administrative costs and expenses of the Authority;

b. To pay when due the principal of and the interest on its share of outstanding bonds of the Authority issued in respect of the program and the redemption price or purchase price of any bonds to be retired by call or purchase, to the extent that other revenues of the Authority pledged for the payment of the bonds may not be sufficient for that purpose;

c. To create and maintain reserves which may, but need not, be required or provided for in a bond resolution; and

d. To establish and maintain whatever education loan servicing, control or audit procedures are appropriate to the prudent operations of the Authority.

(b) (1) A pledge by the Authority of revenues as security for an issue of bonds shall be valid and binding from the time when the pledge is made.

(2) The revenues pledged shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge shall be valid and binding against any person having any claim of any kind in tort, contract or otherwise against the Authority or any participating institution, irrespective of whether the person has notice.

(3) No bond resolution, trust agreement or financing statement, continuation statement or other instrument adopted or entered into by the Authority need be filed or recorded in any public record other than the records of the Authority in order to perfect the lien against third persons, regardless of any contrary provision of public law.

(c) (1) All moneys received by or on behalf of the Authority under this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

(2) Any officer with whom, or any bank or trust company with which, such moneys are deposited shall act as trustee of the moneys and shall hold and apply them for the purposes provided in the chapter and any applicable bond resolution or trust agreement.
14 Del. C. § 2118 — Delaware Code / Title 14 / Chapter 21 / Section 2118
§ Â
        2118. Assessment, levy and collection of taxes.
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 percent for delinquencies.

(b) The board shall execute and deliver its warrant, with a duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or counties wherein the district is situated.

(c) The receiver of taxes and county treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes.

(d) 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.

(e) The Secretary of Finance is hereby authorized and directed to draw warrants or drafts on such fund in the amount of the principal of and interest on such bonds or other obligations as the same shall become due and payable, and to deposit such money, so drawn, to the credit of the General Fund of the State. Warrants or drafts on the said fund may also be drawn for the purpose of paying school construction costs as authorized by referenda pursuant to § 7507 [repealed] of Title 29.
14 Del. C. § 8704A — Delaware Code / Title 14 / Chapter 87A / Section 8704A
§ Â
        8704A. Advisory Council â Authority and duties.
Status: in_force

The Advisory Council shall do all of the following:

(1) Research and complete a landscape analysis every 10 years of the veterinary needs and options present in Delaware, and develop recommendations to increase veterinary medicine in Delaware. The first analysis must be completed no later than March 26, 2026. Subsequent analyses must also include a measurement of the impact of the Advisory Council and the Southern Regional Education Board Regional Contract Program for Veterinary Medicine or similar entity or program.

(2) Develop and monitor a recruitment program for veterinary medicine education in conjunction with local colleges and universities to encourage veterinary medicine applications from Delaware residents.

(3) Develop and maintain statewide communications, publicity, and marketing plans to promote awareness of the existence of the Advisory Council and veterinary opportunities for Delaware residents, including the Veterinary Medicine Regional Contract Program as managed by the Department of Education through a contract with the Southern Regional Education Board.

(4) Monitor veterinary medicine schools serving Delaware residents for data regarding the number of Delaware residents graduating and initial placement after graduation.

(5) Develop recruitment programs aimed at attracting pre-veterinary medicine students interested in practicing in Delaware.

(6) Support, as appropriate, private sector provider recruitment efforts by consolidating information collection and dissemination efforts, such as statewide recruitment brochures.

(7) Assist and advise the Department of Education and the Department of Agriculture in developing a working relationship or affiliation agreement with out-of-state veterinary medicine schools to carry out the purposes of this chapter. The Department of Education and the Department of Agriculture, not the Advisory Council, may approve an agreement under this paragraph. The State, not the Advisory Council, must be a signatory to a document setting the terms of an agreement under this paragraph.

(8) Adopt bylaws or rules to carry out its functions under this chapter.

(9) Submit an annual report to the Governor, the General Assembly, the Chair and Vice Chair of the Joint Finance Committee, the Department of Agriculture, the Department of Education, and the Director and Librarian of the Division of Legislative Services not later than January 1. The report should include a summary of each action the Advisory Council took during the year of the report and recommendations the Advisory Council has identified to encourage graduates of veterinary medicine schools to return or come to practice in Delaware.
14 Del. C. § 5103 — Delaware Code / Title 14 / Chapter 51 / Section 5103
§ Â
        5103. Nonsectarian, nonpartisan institution.
Status: in_force

The University shall never be managed or conducted in the interest of any party, sect or denomination.
14 Del. C. § 8222 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8222
§ Â
        8222. Definitions.
Status: in_force

As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein:

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

(2) “Adverse action” means any limitation or restriction imposed by a member state’s licensing authority, such as revocation, suspension, reprimand, probation, or limitation on the licensee’s ability to work as a teacher.

(3) “Bylaws” means those bylaws established by the Commission.

(4) “Career and technical education license” means a current, valid authorization issued by a member state’s licensing authority allowing an individual to serve as a teacher in P-12 public educational settings in a specific career and technical education area.

(5) “Charter member states” means a member state that has enacted legislation to adopt this Compact where such legislation predates the initial meeting of the Commission after the effective date of the Compact.

(6) “Commission” means the interstate administrative body which membership consists of delegates of all states that have enacted this Compact, and which is known as the “Interstate Teacher Mobility Compact Commission”.

(7) “Commissioner” means the delegate of a member state.

(8) “Eligible license” means a license to engage in the teaching profession which requires at least a bachelor’s degree and the completion of a state approved program for teacher licensure.

(9) “Eligible military spouse” means the spouse of any individual in full-time duty status in the active armed forces of the United States including members of the National Guard and Reserve moving as a result of a military mission or military career progression requirements or are on their terminal move as a result of separation or retirement, including surviving spouses of deceased military members.

(10) “Executive Committee” means a group of Commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the Commission as provided for herein.

(11) “Licensing authority” means an official, agency, board, or other entity of a state that is responsible for the licensing and regulation of teachers authorized to teach in P-12 public educational settings.

(12) “Member state” means any state that has adopted this Compact, including all agencies and officials of such a state.

(13) “Receiving state” means any state where a teacher has applied for licensure under this Compact.

(14) “Rule” means any regulation promulgated by the Commission under this Compact, which shall have the force of law in each member state.

(15) “State” means a state, territory, or possession of the United States, and the District of Columbia.

(16) “State practice laws” means a member state’s laws, rules, and regulations that govern the teaching profession, define the scope of such profession, and create the methods and grounds for imposing discipline.

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

(18) “Teacher” means an individual who currently holds an authorization from a member state that forms the basis for employment in the P-12 public schools of the state to provide instruction in a specific subject area, grade level, or student population.

(19) “Unencumbered license” means a current, valid authorization issued by a member state’s licensing authority allowing an individual to serve as a teacher in P-12 public educational settings. An “unencumbered license” is not a restricted, probationary, provisional, substitute, or temporary credential.
14 Del. C. § 1049A — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1049A
§ Â
        1049A. Waiver of local regulations.
Status: in_force

For the purpose of ensuring that local board regulations do not impede innovation or the improvement of student achievement, any school-based committee established pursuant to this title or the principal of any school without such a committee who demonstrates significant faculty support for the waiver application may apply to its local board for a waiver of any regulation, rule or policy and the local board may grant such waiver where:

(1) Such a waiver would further the accomplishment of state and local educational policies, particularly those addressing student achievement in the core academic subjects of mathematics, science, language arts and social studies;

(2) Such a waiver would not impose undue administrative burdens upon the State or the local district or harm the district’s ability to ensure that public funds are properly expended and the applicable state and federal laws are followed; and

(3) The purpose of the regulation, rule, or policy to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule, regulation or policy.

The school making such waiver request shall give notice of the consideration by notices posted in at least 10 public places in its district and on the door of the school at least 20 days prior to the public meeting of the board of education at which the waiver request will be presented and discussed. The public shall be provided an opportunity to present comments concerning the waiver to be requested at a meeting of the local board following posting and preceding its formal adoption.
14 Del. C. § 404A — Delaware Code / Title 14 / Chapter 4A / Section 404A
§ Â
        404A. Internet-based uniform public school registration process requirements.
Status: in_force

(a) The internet-based uniform public school registration process established under § 403A of this title must do all of the following:

(1) Require a parent to do the following:

a. Complete the online registration process.

b. Provide proof of immunizations.

c. For a registration of a child in prekindergarten or kindergarten, provide a completed common statewide physical exam form that includes all up-to-date American Academy of Pediatrics Bright Futures Schedule of Periodicity screening and preventative recommended measures. The common statewide physical exam form must include information to prove lead screening as required by Chapter 26 of Title 16.

d. Provide a birth certificate.

e. Provide proof of residency documents.

f. For registration of a child in prekindergarten or kindergarten, provide a completed statewide, approved developmental screening that includes social and emotional components and is less than 12 months old at the time of submission or complete the developmental screening as part of the registration process.

(2) Record the date a parent registers a child for the first time.

(3) Report the number of children registered during a given month.

(4) Within 48 hours of a request to transfer information, enable information provided by a parent to be transferred, with parental approval and on verification of contact and residency information, to another public school when a child’s school district of residence changes or a parent applies to enroll the parent’s child in a receiving local education agency under Chapter 4 of this title.

(5) Permit any relevant personal document, including a birth certificate, required by a public school to be uploaded using the internet-based uniform public school registration process.

(b) A public school shall provide computer access so that a parent may use the internet-based uniform public school registration process to register a child for school in the public school system for the first time.
14 Del. C. § 166A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 166A
§ Â
        166A. Graduation.
Status: in_force

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

A. Waiver requirements. — Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

B. Exit exams. — States shall accept:

(1) Exit or end-of-course exams required for graduation from the sending state; or

(2) National norm-referenced achievement tests; or

(3) Alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of subsection C. of this section shall apply.

C. Transfers during senior year. — Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that 1 of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subsections A. and B. of this section.
14 Del. C. § 3403A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3403A
§ Â
        3403A. Administration.
Status: in_force

(a) This subchapter shall be administered by the institution where the student is enrolled or has sought admission.

(b) Each institution shall adopt such rules and regulations as it deems necessary and proper to the administration of this subchapter. Such rules and regulations may include an appeals process to grant exceptions to the eligibility requirements set forth in § 3406A(a)(1) and (2) of this title for applicants who are unable to make steady academic progress toward the completion of an associate’s degree or other recognized academic credential due to military service, participation in a full time volunteer service program, personal or family hardship, or a documented medical condition. Applicants who are granted an exception pursuant to this subsection will remain subject to the limitation on eligibility set forth in § 3406A(c) of this title.

(c) Each institution shall annually report to the General Assembly of the State the names of its own students enrolled in the SEED program and the total amount of expenditures made under this subchapter. The report must identify which of those students enrolled in the program pursue a bachelor’s degree after completion of an associate degree.
14 Del. C. § 1403 — Delaware Code / Title 14 / Chapter 14 / Subchapter I / Section 1403
§ Â
        1403. Application of chapter.
Status: in_force

(a) Except as set forth in subsection (b) of this section, the provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title, covering reasons for termination, notice of termination, hearings before a board and judicial review, shall apply to all teachers:

(1) Who began teaching in a Delaware public school prior to the end of the 2009/2010 school year and have completed 3 years of service in the State, 2 years of which shall be in the employ of the terminating board; or

(2) Who began teaching in a Delaware public school after the conclusion of the 2009/2010 school year and has completed at least 3 years of service in the State, at least 2 of which are in the employ of the terminating board, provided that said teacher has received at least 2 years of “Satisfactory” ratings in the “Student Improvement” component of the teacher appraisal process (established pursuant to § 1270 of this title) within a 3-year period. The 2 “Satisfactory” ratings need not be consecutive and the requirement for “Satisfactory” ratings need only be satisfied once in order for the provisions of §§ 1411 through 1414 of this title to apply.

(3) Who began teaching in a Delaware public school after the conclusion of the 2020-2021 school year and have completed at least 3 years of service in the State, at least 2 of which are in the employ of the terminating board, provided that said teacher has received at least 2 years of “Satisfactory” summative ratings in the teacher appraisal process (established pursuant to § 1270 of this title) within a 3-year period. The 2 “Satisfactory” ratings need not be consecutive and the requirement for “Satisfactory” ratings need only be satisfied once in order for the provision of §§ 1411 through 1414 of this title to apply.

(b) The provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title shall not apply to teachers employed temporarily to replace professional personnel on leave of absence or to teachers holding temporary certificates.

(c) Time spent in military service shall not be counted as years of service for purposes of this chapter.

(d) Notwithstanding the provisions of paragraph (a)(2) of this section, due to the COVID-19 pandemic, the provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title shall apply to teachers who began teaching in the 2017-2018 and 2018-2019 school years and have completed at least 3 years of service, at least 2 of which are in the employ of the terminating board.
14 Del. C. § 1101 — Delaware Code / Title 14 / Chapter 11 / Section 1101
§ Â
        1101. Purpose.
Status: in_force

It is the purpose of this chapter to provide for the establishment of a statewide program for the recruiting and training of certain professional educators who will serve the pupils in the public elementary and secondary schools of the State in critical curricular areas. The responsibilities for identifying those critical areas are assigned to the Department of Education with approval of the State Board and for the administration of the program are assigned to the Department of Education.
14 Del. C. § 8526 — Delaware Code / Title 14 / Chapter 85 / Section 8526
§ Â
        8526. Penalty.
Status: in_force

(a) Any person found to be violating this chapter shall, if an individual, be punished by a fine of a minimum of $500 for each offense, or by imprisonment for a period not to exceed 1 year, or both; and, if an artificial entity, shall be punished by a fine of a minimum of $1,000 for each offense. Any organization or representative of an organization is subject to the penalties herein prescribed for individuals.

(b) The Superior Court shall have exclusive jurisdiction of violations of this chapter.
14 Del. C. § 4112B — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4112B
§ Â
        4112B. Ombudsperson access.
Status: in_force

(a) The Ombudsperson shall have access to any school record or pupil file which is relevant to the performance of the Ombudsperson’s duties, including any record otherwise considered confidential under Delaware law.

(b) The Ombudsperson may initiate an investigation of any criminal offense committed on school property or any incident of bullying independent of the receipt of a specific complaint.

(c) The Ombudsperson shall protect the confidentiality of pupils’ records and files as required under Delaware law.

(d) Notwithstanding any other provision of law, the Ombudsperson shall not disclose the identity of any complainant unless a court orders such disclosure or the complainant consents in writing to the disclosure of the complainant’s identity.
14 Del. C. § 401A — Delaware Code / Title 14 / Chapter 4A / Section 401A
§ Â
        401A. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Charter school” means a public school established under Chapter 5 of this title.

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

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

(4) “Public school” means a school district or charter school.

(5) “Receiving local education agency” means as defined under § 402 of this title.

(6) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education.
14 Del. C. § 2603 — Delaware Code / Title 14 / Chapter 26 / Section 2603
§ Â
        2603. Collection, deposit and disbursement of school taxes.
Status: in_force

(a) The Department of Finance for New Castle County and the Receiver of Taxes and County Treasurer for Kent and Sussex Counties shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes; provided, however, that after June 30, 1981, in New Castle County the Department of Finance and the Receiver of Taxes and County Treasurer in Kent and Sussex Counties shall allow no abatement or discount upon any taxes levied for school purposes required to be collected by them; and for all tax years commencing after June 30, 1981, shall, after September 30 in the year in which the tax rolls shall be delivered to them, add to the taxes to be paid thereafter a penalty of 1/2 of 1 percent 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. Warrants or drafts on the said fund shall be drawn by the school board of the district and shall be applied only for the purpose for which the levy is made.
14 Del. C. § 9103 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9103
§ Â
        9103. Board of Trustees â Composition; qualifications; chair; appointment; term; compensation; vacancy; quorum.
Status: in_force

(a) The Board shall consist of 7 trustees.

(b) The trustees shall be appointed by the Governor by and with the consent of a majority of the members elected to the Senate.

(c) Six trustees shall be appointed for terms of 3 years each, commencing, in each case, from the date of appointment. The 6 trustees appointed for a term of 3 years shall reside: 1 in the City of Wilmington, 1 in the remainder of New Castle County, 1 in Kent County and 1 in Sussex County. The other 2 members may reside anywhere in the State. The seventh member may reside anywhere in the State; shall serve at the pleasure of the Governor and shall be chair of the Board. The chair may be removed at any time by the Governor and shall serve until removed by the Governor.

(d) No more than 4 trustees shall be members of the same political party.

(e) Each trustee shall be a citizen of the United States, a qualified voter of this State and a resident of this State for at least 3 years preceding that trustee’s appointment.

(f) A trustee shall continue to reside in the political subdivision of which the trustee was a resident at the time of that trustee’s appointment.

(g) In case of a vacancy on the Board for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate.

(h) No member of the Board shall receive any compensation for that member’s duties except that the member may receive actual travel expenses.

(i) Four members of the Board shall constitute a quorum. A majority of the members present at any meeting and constituting a quorum shall be sufficient for any action by the Board.
14 Del. C. § 4509 — Delaware Code / Title 14 / Chapter 45 / Section 4509
§ Â
        4509. Annual reporting.
Status: in_force

(a) Each fiscal year, the applicant shall provide to the Department the following summary data and any other data requested by the Department which shall be de-identified to the greatest extent possible:

(1) The number of candidates served, types of programs that were supported, types of occupations that candidates entered, the participating schools and number of candidates who were employed.

(2) The institutions of higher learning that candidates in the Program attend.

(3) The number of candidates who fulfill the Program’s 3-year teaching commitment and the percentage of teachers retained by the school district or charter school beyond 3 years.

(4) Demographic information related to candidates who participate in the Program to gauge the success at recruiting demographically underrepresented groups to the education profession.

(5) The amount of private or federal funding, if any, utilized by the applicant to financially support the Program.

(b) Each fiscal year the Department shall report to the Chairs of the House and Senate Education Committees of the General Assembly and shall include, in its report, the summary data received in subsection (a) of this section.
14 Del. C. § 4106 — Delaware Code / Title 14 / Chapter 41 / Subchapter I / Section 4106
§ Â
        4106. Failure to require salute and pledge; penalty.
Status: in_force

When the Department of Education has procured and distributed American flags in each free public school, any principal or teacher of such free public school who fails to require the salute and pledge as set out in § 4105 of this title shall be fined not more than $50 or imprisoned not more than 10 days.
14 Del. C. § 1077 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1077
§ Â
        1077. Qualified voters.
Status: in_force

Every citizen 18 years of age or over and a resident of the reorganized school district shall be eligible to vote at the school election in the reorganized school district in which that citizen resides, whether or not that citizen is at the time a registered voter for purposes of a general election.
14 Del. C. § 1317 — Delaware Code / Title 14 / Chapter 13 / Section 1317
§ Â
        1317. Method of salary payments.
Status: in_force

Ten-month employees in public and higher education shall have the option of being paid bi-weekly payments during the contract or annual period, provided that such employees shall indicate their preference at the time of signing their contract for the ensuing school year and that the method of salary payment so designated shall not be changed during the period of the aforementioned contract.
14 Del. C. § 1607 — Delaware Code / Title 14 / Chapter 16 / Section 1607
§ Â
        1607. Interagency cooperation.
Status: in_force

The Department of Education and the public school districts are to work cooperatively with other state agencies, particularly the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families, in the development and implementation of programs authorized under this chapter. The intent of such cooperation is to avoid redundancy in services and to maximize the impact of resources authorized under this chapter.
14 Del. C. § 1073 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1073
§ Â
        1073. Election officers.
Status: in_force

The Department of Elections conducting an election under the provisions of this title shall appoint an inspector, 2 election officers for every voting machine assigned to a polling place. Two of the aforesaid election officers shall be designated as judges and the remaining election officers shall be designated as clerks. The Department of Elections conducting the election may assign additional clerks to polling places as deemed necessary.

(1) The inspector shall be the person responsible for the set up, operation and closing of the polling place and make all decisions regarding the aforesaid except for questions regarding voter eligibility.

(2) The inspector and both judges shall by majority vote decide all questions of voter eligibility.
14 Del. C. § 9203 — Delaware Code / Title 14 / Chapter 92 / Section 9203
§ Â
        9203. Established; composition; term of office; vacancies; officers; compensation.
Status: in_force

(a) There is hereby established the Delaware Higher Education Supplemental Loan Authority. The Authority is constituted a public instrumentality and the exercise by the Authority of the powers conferred by this chapter is the performance of an essential public function. The Authority shall consist of 9 members appointed by the Governor. Each member shall be a resident of the State.

(1) Two members shall be trustees, directors, officers or employees of institutions of higher education, at least 1 of whom is from an institution not owned or operated by the State.

(2) Two members shall have had the experience in the field of state and municipal finance, either as a partner, officer or employee of an investment banking firm which originates and purchases state and municipal securities, or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio, and who are not trustees, directors, officers or employees of an institution of higher education.

(3) One member shall have had experience in higher education finance.

(4) Two members shall have had experience with student financial aid.

(5) One member shall be the State Treasurer, ex officio, or the state designee.

(6) One member shall be the Secretary of Finance, ex officio, or the Secretary of Finance’s designee.

(7) Two members shall be appointed from the public at large.

(b) (1) Of the members of the Authority first appointed, 3 shall serve for terms expiring on June 30, 1983, 1984 and 1985, respectively, and until a successor is appointed and qualifies. On the expiration of the term of any member a successor shall be appointed for a term of 3 years and serve until a successor is appointed and qualifies.

(2) The Governor shall appoint a qualified person to fill any vacancy.

(3) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.

(4) Any member may be removed by the Governor for misfeasance, malfeasance or wilful neglect of duty or other cause after notice.

(c) (1) Each year the Authority shall elect from among its members:

a. A Chair;

b. A Vice-Chair; and

c. Any other officers it requires.

(2) Each member of the Authority:

a. Serves without compensation; and

b. Is entitled to reimbursement for expenses in accordance with the standard state travel regulations.
14 Del. C. § 3125 — Delaware Code / Title 14 / Chapter 31 / Subchapter III / Section 3125
§ Â
        3125. Parent councils.
Status: in_force

Each school district and charter school enrolling any child with disabilities shall, on an annual basis, contact the parents of each such child to attempt to facilitate the creation and maintenance of a parent council for the parents of students with disabilities. Parent councils will advocate generally for students with disabilities and provide person-to-person support for individual parents and children. The charter schools and school districts shall collaborate and coordinate with existing parent groups and other information and support groups to facilitate creation, maintenance, and effectiveness of the parent councils.
14 Del. C. § 1202 — Delaware Code / Title 14 / Chapter 12 / Subchapter I / Section 1202
§ Â
        1202. Definitions [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

The following definitions apply to this chapter:

(1) “Approved professional license issued under Title 24” means a professional license issued by any of the following Boards:

a. Board of Occupational Therapy Practice.

b. Board of Mental Health and Chemical Dependency Professionals.

c. Board of Examiners of Psychologists.

d. Board of Social Work Examiners.

e. Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, but excluding a hearing aid dispenser license.

f. Examining Board of Physical Therapists and Athletic Trainers.

(2) “ARTC program” means an alternative routes for teacher licensure and certification program.

(3) “Certificate of eligibility” means a credential which may be issued to teachers of students with disabilities if the employing district or charter school establishes that the proposed recipient meets the requirements of § 1221(2) of this title.

(4) “Certification” means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status.

(5) “Classroom aide” means a school employee who supports teachers by assisting students with activities and daily tasks. A classroom aide may work with individuals or small groups and provide additional assistance based on student needs. An individual with a diploma of alternate achievement standards may serve as a classroom aide.

(6) “Delaware Performance Appraisal System II” (DPAS II) means the evaluation developed and conducted pursuant to this chapter.

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

(8) “Educator” means a person licensed and certified by the State under this chapter to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. For purposes of this subchapter, the term “educator” does not include substitute teachers.

(9) “Emergency certificate” means a credential which may be issued if the employing district or charter school establishes that the proposed recipient meets the requirements under § 1221(1) of this title.

(10) “Evaluator” means an individual or team meeting the minimum qualifications to appraise educator performance, as set forth in the rules and regulations promulgated under § 1271 of this title.

(11) “License” means a credential which authorizes the holder to engage in the practice for which the license is issued.

(12) “Other student support personnel” means a person other than a paraprofessional who is hired or contracted by a district, charter school, or other state agency to support students with mental health services or behavior interventions in a school and may have direct, unsupervised contact with students, but who is not otherwise qualified to hold a license and a standard certificate issued under this chapter or an approved professional license issued under Title 24.

(13) “Paraprofessional” means a person permitted by this State under this chapter to assist in classroom instruction, classroom management, student behavior, or functional skills activities, and is paid under § 1324 of this title.

(14) “Permit” means a credential that authorizes the holder to engage in student support and classroom services within a public school.

(15) “Secretary” means the Secretary of the Delaware Department of Education.

(16) “Specialist intern” means a person who is enrolled in an education preparation program in school counseling or school psychology, who is completing the internship required for certification. Specialist interns include individuals completing required supervised fieldwork in behavior analysis at a school. All specialist interns must adhere to any other regulations or requirements required by the specialist intern’s applicable certificate.

(17) “Standard certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill and/or education to practice in a particular area, teach a particular subject, or teach a category of students. An educator may be issued 1 or more certificates.

(18) “Standards Board” means the Professional Standards Board established pursuant to this chapter.

(19) “State Board” means the State Board of Education of the State pursuant to § 104 of this title.

(20) “Year-long resident” means a person who is enrolled in a year-long residency program under § 1281 of this title.
14 Del. C. § 5114 — Delaware Code / Title 14 / Chapter 51 / Section 5114
§ Â
        5114. Eminent domain; condemnation.
Status: in_force

Whenever the Board of Trustees of the University cannot agree with the owner or owners for the purchase of any land, with the improvements thereon, in New Castle County, deemed by the Board necessary for the purpose of erecting any building or buildings to be used by and in connection with the University, or for the enlargement of its grounds or for any other purpose in connection with the University or the agricultural experiment station connected therewith, to better carry out the purposes of the University and agricultural experiment station, the University, in the exercise of the power of eminent domain, may acquire the land and improvements by condemnation by proceedings in accordance with Chapter 61 of Title 10.
14 Del. C. § 8302 — Delaware Code / Title 14 / Chapter 83 / Section 8302
§ Â
        8302. Eye protection devices required in schools.
Status: in_force

Every person shall wear eye protection devices when entering, participating in, observing or performing any function in connection with any courses or activities taking place in eye protection areas of any school, college, university or other public or private educational institution in this State. Persons covered in this section include, without limitation, any student or teacher in, staff member or other employee of, or visitor to, any of the foregoing educational institutions.
14 Del. C. § 1925 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1925
§ Â
        1925. School tax districts.
Status: in_force

(a) If the State Board of Education divides a school district pursuant to the authority of § 1028(k) of this title, the geographical area encompassed by the district being divided shall be established as a school tax district for the collection of taxes at a uniform rate throughout the school tax district, said taxes to be distributed according to § 1028(k) of this title. Such a school tax district shall serve no other function nor shall any staff or governing board be established for such a district.

(b) The tax rate for current operating expenses shall be the rate of taxes levied for current operating expenses in the district being divided in the fiscal year in which the State Board of Education adopts the plan dividing the district.

(c) The tax rate for the meeting of bond obligations shall be set by the taxing authorities of the county wherein the school tax district is located after consultation with the Treasurer of the State and levied throughout the school tax district in order to meet the obligations of §§ 1028(k) and 2121 of this title.

(d) The official of the county wherein the school tax district is located who is authorized to collect school taxes pursuant to § 1917 of this title shall annually set the tax rate, in compliance with subsections (b) and (c) of this section, for taxes to be collected in the following year.

(e) This section shall supersede § 1924 of this title upon the effective date of the division pursuant to § 1028(k) of this title.
14 Del. C. § 3495 — Delaware Code / Title 14 / Chapter 34 / Subchapter XIII / Section 3495
§ Â
        3495. Southern Regional Education Board.
Status: in_force

The Governor is authorized to commit the State of Delaware to membership in the Southern Regional Education Board (SREB) and to execute the SREB compact, which the Delaware General Assembly hereby approves.
14 Del. C. § 2725 — Delaware Code / Title 14 / Chapter 27 / Subchapter II / Section 2725
§ Â
        2725. Absences without excuse; truancy conferences.
Status: in_force

(a) If a student has been absent from school without a valid excuse 1 or more days, the principal of the school may take such action as the principal considers appropriate.

(b) If a student is truant, the principal shall schedule a truancy conference with the student, the student’s parent and the principal pursuant to § 2726 of this title. The conference may be attended by other persons as the principal may include.

(c) Following a truancy conference the school shall decide whether or not to file a charge against the parent for a violation of § 2702 of this title; provided however, that the principal shall refer the case for prosecution following the twentieth day of unexcused absence by a student during the school year, in compliance with § 2702(d) of this title, and may refer the case before the twentieth day of unexcused absence if the principal determines it is appropriate to do so.

(d) The fact that a student or student’s parent attended or failed to attend a truancy conference does not bar the principal from filing a complaint with the Justice of the Peace Court.
14 Del. C. § 3411 — Delaware Code / Title 14 / Chapter 34 / Subchapter II / Section 3411
§ Â
        3411. Scholarship Incentive Program (ScIP).
Status: in_force

(a) It is the intent and purpose of the General Assembly through this section to do the following:

(1) Provide financial aid to Delaware residents with demonstrated financial need so that within the limits of the fiscal capabilities of the State they are not denied an opportunity for a college education because of financial need.

(2) Encourage qualified Delaware students to pursue courses of undergraduate, graduate, and professional education when such courses are unavailable in state-supported institutions.

(b) The Office is hereby authorized to award scholarships from the Scholarship Incentive Program (ScIP) subject to the limits of its appropriations and the following limitations:

(1) Scholarships shall be awarded only to persons who will enroll as full-time students in degree programs.

(2) No student may receive more than 5 annual scholarships for either undergraduate or graduate study.

(3) Scholarships may be used only at educational institutions that are accredited by an accrediting agency recognized by the U.S. Secretary of Education for either of the following:

a. For undergraduate study, inside of the State.

b. For undergraduate or graduate study outside of the State in degree programs that are not offered by a publicly-assisted institution in Delaware.

(4) Scholarships shall be awarded on the basis of financial need. Financial need shall be determined by a federally-approved need analysis system. The financial need calculation shall consider the student’s expected family contribution, the expense of attending the institution selected, and the student’s eligibility for Pell grants and other federal, state or private grant assistance.

(5) Students must reapply for the scholarships annually, maintain satisfactory academic progress at their educational institution, and continue to meet all qualifications of the Program.
14 Del. C. § 3513 — Delaware Code / Title 14 / Chapter 35 / Section 3513
§ Â
        3513. Child Labor Law penalties applicable to employer.
Status: in_force

All of the penalties provided in the Delaware Child Labor Law, Chapter 5 of Title 19, are made applicable for any violation of this chapter by any person employing a minor subject to this chapter. The employer shall permit the attendance upon part-time schools or classes of all minors in that employer’s employ who are subject to this chapter.
14 Del. C. § 1103 — Delaware Code / Title 14 / Chapter 11 / Section 1103
§ Â
        1103. Rules and regulations.
Status: in_force

The Department of Education with approval of the State Board of Education shall, from time to time, adopt and promulgate such rules and regulations as will be necessary for the implementation of the programs authorized by this chapter.
14 Del. C. § 9201 — Delaware Code / Title 14 / Chapter 92 / Section 9201
§ Â
        9201. Legislative findings; declaration of purpose; construction of chapter.
Status: in_force

(a) The General Assembly makes the following findings:

(1) For the benefit of the people of the State, the conduct and increase of their commerce, the protection and enhancement of their welfare, the development of continued prosperity and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities and skills;

(2) To achieve these ends it is of the utmost importance that students attending institutions of higher education located in the State have reasonable financial alternatives to enhance their access to such institutions;

(3) Reasonable financial access to institutions of higher education will assist such youth in achieving the optimum levels of learning and development of their intellectual and mental capacities and skills;

(4) There exists a serious problem in this State regarding the ability of students to obtain financing for the cost of education beyond the high school level;

(5) Escalating costs of securing such an education have contributed to the difficulties faced by students in attempting to finance an education;

(6) Without the public action contemplated by this chapter, many students will be forced to postpone or abandon plans for obtaining additional education;

(7) It is in the interests and welfare of the citizens of the State to provide a means for assisting students to continue their education; and

(8) It is necessary to create a Higher Education Supplemental Loan Authority to encourage the investment of private capital in the provision of funds for the financing of student loans.

(b) The General Assembly declares its legislative purpose to:

(1) Provide a measure of assistance and an alternative method to enable students and the families of students attending institutions of higher education located in the State appropriately and prudently to finance the cost or a portion of the cost of such higher education;

(2) To supplement federal guaranteed higher education loan programs, other student loan programs and grant or scholarship programs to provide the needed additional options for the financing of a student’s higher education in execution of the public policy recited herein; and

(3) Cause the establishment of the Authority for the benefit of the people of the State, for the improvement of their education, health and welfare, and for the promotion of the economy.

(c) The Authority will be performing an essential governmental function in the exercise of the powers and duties conferred upon it and this chapter shall be liberally construed to effect its purposes.
14 Del. C. § 8244 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8244
§ Â
        8244. State participation in this Compact.
Status: in_force

(a) To be eligible to join this Compact, and to maintain eligibility as a member state, a state must do all of the following:

(1) Enact a compact statute that is not materially different from the model compact as defined in the Commission’s rules.

(2) Participate in the sharing of information with other member states as reasonably necessary to accomplish the objectives of this Compact, and as further defined in § 8249 of this title.

(3) Identify and maintain with the Commission a list of equivalent licenses available to licensees who hold a home state license under this Compact.

(4) Have a mechanism in place for receiving and investigating complaints about licensees.

(5) Notify the Commission, in compliance with the terms of this Compact and the Commission’s rules, of any adverse action taken against a licensee, or of the availability of investigative information which relates to a licensee or applicant for licensure.

(6) Require that applicants for a home state license have done all of the following:

a. Taken and passed a qualifying national exam as defined by the rules of the Commission.

b. Completed a minimum of 1,200 hours of supervised internship, of which at least 600 must have been completed in a school, prior to being approved for licensure.

c. Graduated from a qualifying school psychologist education program.

(7) Comply with the terms of this Compact and the rules of the Commission.

(b) Each member state shall grant an equivalent license to practice school psychology in that state upon application by a licensee who satisfies the criteria of § 8245(a) of this title. Each member state shall grant renewal of the equivalent license to a licensee who satisfies the criteria of § 8245(b) of this title.

(c) Member states may set and collect a fee for granting an equivalent license.
14 Del. C. § 3464 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3464
§ Â
        3464. Allocation of Fund.
Status: repealed

Repealed by 77 Del. Laws, c. 431, § 8, effective July 23, 2010.
14 Del. C. § 1905 — Delaware Code / Title 14 / Chapter 19 / Subchapter I / Section 1905
§ Â
        1905. Qualified voters.
Status: in_force

At an election under § 1903 of this title, every person qualified to vote under § 1077 of this title may vote, and §§ 1078 and 1085 of this title shall apply to such election.
14 Del. C. § 1502 — Delaware Code / Title 14 / Chapter 15 / Section 1502
§ Â
        1502. Disbursements.
Status: in_force

Such appropriations as are made by the General Assembly for the free public schools, and such money as is received from the federal government for school purposes under any law shall be paid by the State Treasurer in accordance with the items of the official state school budget and with the appropriations of the General Assembly therefor, as required by the Department of Education; but such payments shall be made only upon orders of the said Department of Education, signed by its Secretary or the Secretary’s designee. For all competitive grants to public school districts and public charter schools administered by the Department of Education, the Department shall publish on its website for a period of 12 months from the award notice the threshold eligibility requirements, the criteria for evaluation of applications, the names of successful applicants, the applications of successful applicants, and the amount awarded to each successful applicant.
14 Del. C. § 2406 — Delaware Code / Title 14 / Chapter 24 / Section 2406
§ Â
        2406. Security classification.
Status: in_force

Prison educational personnel are required to maintain their security classification with the Department of Correction. Loss of security classification shall cause immediate suspension of access to correctional facilities.
14 Del. C. § 1314 — Delaware Code / Title 14 / Chapter 13 / Section 1314
§ Â
        1314. Limitation on salary decreases.
Status: in_force

The salary paid from state funds to any person covered by this chapter shall not be reduced by reason of the application of any salary schedule contained in this chapter, except in the case of a change to a lower classification.
14 Del. C. § 6513 — Delaware Code / Title 14 / Chapter 65 / Section 6513
§ Â
        6513. Bonds as legal investments for institutions and fiduciaries.
Status: in_force

Bonds issued under this chapter are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control; and such bonds are made securities which may properly and legally be deposited with and received by any state, county or municipal officer or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
14 Del. C. § 703 — Delaware Code / Title 14 / Chapter 7 / Section 703
§ Â
        703. Student discipline report; school discipline improvement plan.
Status: in_force

(a) The Department shall compile and release an annual report on student discipline in all schools as follows:

(1) The analysis must be based on data, as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, collected over the 3 most recent consecutive school years.

(2) The report must be posted on the Department’s website no later than October 30.

(3) The report shall include both statewide totals and individual school data, for each of the school years in the report, on the issuance of out-of-school suspensions, expulsions, alternative school assignments, and in-school suspensions, disaggregated by race, ethnicity, gender, grade level, limited English proficiency, incident type, discipline duration, and if the student is identified as having a disability.

(4) The report must identify, for each school year in the report, schools that meet any of the following thresholds:

a. Calculations under this subsection should exclude subgroups that contain fewer than 15 students.

b. A school with an out-of-school suspension rate for all students or any 1 subgroup that exceeds any of the following:

1. A rate of 20 suspensions per 100 students for the 2018 through 2019 school year.

2. A rate of 15 suspensions per 100 students for the 2019 through 2020 school year and each school year thereafter.

c. A school for which the out-of-school suspension gap between the lowest-suspended racial subgroup and the highest suspended racial subgroup, or the suspension gap between students with disabilities and students without disabilities, exceeds any of the following:

1. Twenty percent for the 2018 through 2019 school year.

2. Fifteen percent for the 2019 through 2020 school year.

3. Ten percent for the 2020 through 2021 school year and each school year thereafter.

(b) If a school is identified as meeting a threshold under paragraph (a)(4) of this section for 3 consecutive school years, the Department shall notify the school of this status by December 1 and the school must do all of the following:

(1) Review its discipline policies, practices, and data.

(2) If a school has already implemented restorative justice practices, the school must review the interventions being used to assure research-based quality, scope of training provided, and follow-up support to assure proper implementation. Restorative justice practices program improvements should be made based on this review.

(3) Submit a plan to the Department that identifies the strategies the school will implement beginning in the following school year to reduce the use of exclusionary disciplinary practices or disproportionate use of exclusionary disciplinary practices with racial subgroups or students with disabilities, or both.

a. The plan may be part of their school improvement plan.

b. The plan must be developed with input from students, parents, educators, administrators, and community stakeholders to incorporate strategies to promote fairness and equity in discipline.

c. The plan may increase or improve professional development opportunities for educators, administrators, and staff. Components of such professional development may include 1 or more of the following:

1. Restorative practices.

2. Trauma informed care.

3. Implicit bias awareness.

4. Cultural competency.

5. Classroom management.

6. Other appropriate programming.

d. The plan must be approved at either a public local school board meeting or a charter school’s public board of directors meeting.

e. The school must submit the plan to the Department and post the plan on the school’s internet website no later than the beginning of the following school year.

f. The school shall submit to the Department an annual progress report describing the implementation of the plan and post the progress report on the school’s internet website no later than October 30. The school may cease submitting a progress report when the school does not meet a threshold under paragraph (a)(4) of this section for 3 consecutive years.

(c) The Department may promulgate regulations necessary to implement and enforce this section. The Department must consult with school administrators, parents, educators, and other stakeholders in developing regulations under this section.
14 Del. C. § 8509 — Delaware Code / Title 14 / Chapter 85 / Section 8509
§ Â
        8509. Business or trade school agent permits; application; contents; fees; separate permits.
Status: in_force

Every agent representing a school as herein defined, whether located in the State or without, shall make application for an agent’s permit to the Department, in writing, upon forms prepared and furnished by the Department. Each application shall state the name of the school which the applicant will represent, contain evidence of the honesty, truthfulness and integrity of the applicant, shall be verified under oath by the applicant, and shall be accompanied by the recommendation of 2 reputable persons, certifying that the applicant is truthful, honest and of good reputation, and recommending that a permit, as an agent, be granted to the applicant. The fee for an original permit, as an agent, shall be determined by the Department, and there shall be an annual renewal fee determined by the Department. A separate permit shall be obtained for each school represented by an agent.
14 Del. C. § 2909 — Delaware Code / Title 14 / Chapter 29 / Section 2909
§ Â
        2909. Transportation of certain pupils.
Status: in_force

Each local board of education shall adopt and enforce rules and regulations whereby a parent or guardian may elect to waive bus transportation for that parent’s or guardian’s student to and from school in favor of another form of transportation. The principal of each school may issue passes for school bus transportation to certain pupils who have chosen to drive a private vehicle, for use on a temporary and emergency basis; and may also set aside a specific number of parking spaces for use on a temporary and emergency basis by pupils who originally chose transportation by school bus. Any contract between the Department of Education and a supplier of bus transportation, or between a local school board and a supplier of bus transportation, shall be based upon the number of students who elect to be transported by bus, and shall not be based upon the total number of students in the school or school district.
14 Del. C. § 8518 — Delaware Code / Title 14 / Chapter 85 / Section 8518
§ Â
        8518. Hearings.
Status: in_force

(a) Any applicant for a certificate of approval or agency permit or for the renewal of a certificate of approval or agency permit who is refused issue of that certificate or permit or its renewal may request a hearing before the Secretary. In addition, any certificate or permit holder is entitled to a hearing before the Secretary to challenge a revocation for cause pursuant to § 8516 of this title.

(b) Whenever the Department proposes to refuse to issue or renew a certificate or permit, or to revoke a certificate or permit, it shall first give notice to the applicant or certificate or permit holder of the intended action and the reasons therefore. The applicant or certificate or permit holder shall be afforded at least 20 calendar days to request a hearing.

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

(d) All hearings shall be conducted by the Secretary or the Secretary’s designee who shall prepare a proposed order for the Secretary’s consideration. In connection with such hearings, the Secretary or the Secretary’s designee shall be empowered to:

(1) Issue subpoenas for witnesses and the production of relevant books and papers, either on the Secretary’s or the Secretary’s designee’s own initiative or at the request of any party; failure of any person without adequate excuse to obey a subpoena shall be punishable according to the rules of the Superior Court;

(2) Administer oaths to witnesses;

(3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence; and

(4) Limit unduly repetitive proof, rebuttal and cross-examination.

(e) Burden of proof shall be upon the applicant or proponent.

(f) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of the requesting party. With respect to each case, all notices, correspondence between the Department and the parties, all exhibits, documents and testimony admitted into evidence and all recommended orders, summaries of evidence and findings and all interlocutory and final orders shall be included in the record of the proceedings.

(g) The Secretary’s decision shall include:

(1) A brief summary of the evidence before the Secretary and the Secretary’ findings of fact;

(2) The Secretary’s conclusions of law; and

(3) The Secretary’s decision and a brief statement of the reasons therefore.

(h) Upon the revocation of a certificate or permit, the holder shall be required to surrender such certificate or permit to the Department and upon failure or refusal to do so, the Department shall have the right to seize such certificate or permit.
14 Del. C. § 4301 — Delaware Code / Title 14 / Chapter 43 / Section 4301
§ Â
        4301. Definitions.
Status: in_force

As used in this chapter:

(1) “HVAC system” means the equipment, distribution network, and terminals that provide, either collectively or individually, heating, ventilation, or air conditioning to a building.

(2) “Indoor environment” means the overall potential health factors within a specific school, including air quality, mold levels, and other potentially harmful toxins.

(3) “Occupational Safety and Health Administration” (OSHA) refers to the federal agency created under the Occupational Safety and Health Act of 1970 [29 U.S.C. § 651 et seq.] to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.

(4) “Routine indoor air monitoring program” means testing procedures, testing protocols, and testing frequency established by the Division of Public Health in accordance with this chapter.

(5) “School activity hours” means any time of day in which students or school personnel occupy school facilities throughout the year.

(6) “Standard 62.1” means the American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 62.1 as updated or amended entitled “Ventilation for Acceptable Indoor Air Quality.”
14 Del. C. § 6505 — Delaware Code / Title 14 / Chapter 65 / Section 6505
§ Â
        6505. Board of Trustees â Powers; meetings; quorum; bylaws.
Status: in_force

The Board of Trustees shall have the superintendence of the University, with power to appoint and remove the faculty and other officers and agents of the University and of its own body; to fill vacancies and to make bylaws as well for the government of the University as its own government; and to conduct all the concerns of the institution. A majority of all those members appointed by the Governor and those members elected by the Board shall constitute a quorum. Meetings of the Board shall be held as the bylaws prescribe.
14 Del. C. § 9110 — Delaware Code / Title 14 / Chapter 91 / Subchapter I / Section 9110
§ Â
        9110. Name of campus in Kent County.
Status: in_force

The Kent County campus of the Delaware Technical and Community College shall be named “Charles L. Terry, Jr. Campus.”
14 Del. C. § 3102A — Delaware Code / Title 14 / Chapter 31A / Section 3102A
§ Â
        3102A. Purpose.
Status: in_force

(a) The General Assembly finds that early intervention services are cost-effective and effectively serve the developmental needs of eligible infants and toddlers and their families. The purpose of this chapter is to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families that enhances the capacity to provide quality early intervention services, expand and improve existing services, and facilitate the coordination of payments for early intervention services from various public and private sources.

(b) The specific purposes of this chapter are to do all of the following:

(1) Enhance the development of all eligible infants and toddlers in the State in order to minimize developmental delay and enhance individual potential for adult independence.

(2) Reduce educational costs by minimizing the need for special education and related services after infants and toddlers reach school age by identifying children eligible for early intervention services at a younger age.

(3) Enhance opportunities for inclusion in the community of eligible children and their families.

(4) Enhance the capacity of families to meet the individual needs of infants and toddlers with disabilities.

(5) Enact regulations and fully implement the infants and toddlers program established under the IDEA, including all of the following:

a. Affirm the importance of the family in all areas of the child’s development and reinforce the role of the family as a participant in the decision-making processes regarding their child.

b. Identify and coordinate all available resources for early intervention within the State including those from federal, state, local, and private sources.

c. Affirm that eligible infants and toddlers with disabilities have a right to receive early intervention services to the maximum extent appropriate, in natural environments in which infants and toddlers without disabilities would participate.
14 Del. C. § 3003A — Delaware Code / Title 14 / Chapter 30A / Section 3003A
§ Â
        3003A. Office of Child Care Licensing; powers.
Status: repealed

(a) (1) The Office of Child Care Licensing is established within the Department of Education to do all of the following:

a. Promulgate and enforce regulations for child care.

b. License child care facilities.

c. Develop and implement policies and procedures for ensuring compliance with child care regulations.

(2) An individual or entity shall provide OCCL or OCCL’s authorized agents right of entrance, privilege of inspection, and access to the individual’s or entity’s accounts and reports.

(b) [Repealed.]

(c) OCCL may prescribe and enforce, by regulation or otherwise, any reasonable standards for the conduct of child care facilities and shall license child care facilities that conform to the standards. Regulations promulgated under this chapter must include all of the following:

(1) Any application form required to apply for licensure under this chapter.

(2) The specific requirements to obtain, retain, or renew a license under this chapter.

(3) Due process provisions that provide all of the following:

a. That notice is required when a deficiency is alleged.

b. The informal and formal procedures to contest an alleged deficiency.
14 Del. C. § 8608 — Delaware Code / Title 14 / Chapter 86 / Section 8608
§ Â
        8608. School monitoring.
Status: in_force

DACCTE shall do all of the following:

(1) Create a 2-year, rotating career and technical education program monitoring schedule.

(2) Conduct on-site monitoring visits of schools.

(3) Post all final reports regarding the program monitoring under this chapter to DACCTE’s website.
14 Del. C. § 9004A — Delaware Code / Title 14 / Chapter 90A / Section 9004A
§ Â
        9004A. Training.
Status: in_force

(a) Academic institutions shall provide training to responsible employees regarding the prevalence and nature of sexual assaults on college campuses, the requirements of this chapter, and the reporting requirements under Title IX of the Education Amendments of 1972 [20 U.S.C. §  1681 et seq.], or any regulations or guidance promulgated thereunder. This training shall ensure that responsible employees are trained to respond to disclosures of sexual assaults using best practices with regard to a victim-centered, trauma-informed approach.

(b) All new employees are required to complete training within 3 months of beginning work as a responsible employee.

(c) All responsible employees are required to complete a refresher training at least every 2 years.

(d) All newly enrolled full-time students are required to complete a training in sexual assault prevention, awareness, the requirements of this chapter, and the reporting requirements under Title IX of the Education Amendments of 1972 [20 U.S.C. §  1681 et seq.], or any regulations or guidance promulgated thereunder.

(e) Academic institutions shall require at-risk student populations, as designated by the academic institution’s Title IX coordinator, to receive additional training in sexual assault prevention, awareness and the requirements of this chapter, oriented specifically to the unique situations of each student population.
14 Del. C. § 1109A — Delaware Code / Title 14 / Chapter 11A / Section 1109A
§ Â
        1109A. Penalties  [Transferred].
Status: in_force

Transferred to § 3437(i) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022.
14 Del. C. § 2120 — Delaware Code / Title 14 / Chapter 21 / Section 2120
§ Â
        2120. Jurisdiction of justices of the peace.
Status: in_force

Whoever, being a receiver of taxes and county treasurer of any county, or other person authorized to collect school taxes, or a member of any school board, fails, neglects or refuses to perform all or any of the duties imposed upon that person by this chapter shall be fined not less than $10 nor more than $100.

Justices of the peace shall have jurisdiction of offenses under this section.
14 Del. C. § 8253 — Delaware Code / Title 14 / Chapter 82 / Subchapter IV / Section 8253
§ Â
        8253. Construction and severability.
Status: in_force

(a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of this Compact. Provisions of this Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.

(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in this Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

(c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in this Compact or, in accordance with the requirements of § 8251(b) of this title, terminate a member state’s participation in this Compact, if it determines that a constitutional requirement of a member state is a material departure from this Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
14 Del. C. § 1062- 1063 — Delaware Code / Title 14 / Chapter 10 / Subchapter III / Section 1062- 1063
§ ÂÂ
        1062, 1063.  School board for the reorganized school district which includes the former school district of Alexis I. duPont Special School District; the Board of Public Education in Wilmington.
Status: repealed

Repealed by 71 Del. Laws, c. 180, § 52A, effective July 31, 1997.
14 Del. C. § 502 — Delaware Code / Title 14 / Chapter 5 / Section 502
§ Â
        502. Potential charter organizers.
Status: in_force

This legislation is intended to encourage any person, university, college, or nonreligious, non-home-based, nonsectarian entity that can meet the requirements of this chapter to form a charter school. No private or religiously affiliated school may apply to become a charter school.
14 Del. C. § 1337 — Delaware Code / Title 14 / Chapter 13 / Section 1337
§ Â
        1337. Public Education Compensation Committee.
Status: in_force

(a) The Public Education Compensation Committee (hereinafter “Committee”) is hereby convened to review Delaware’s educator compensation structure and its ability to compete with regional school districts, Delaware’s private business sector, and other governmental agencies, in recruiting and retaining qualified and diverse educators, and to develop recommendations to establish a new compensation structure for educators in Delaware, including the following:

(1) Make recommendations that strengthen Delaware’s ability to compete with regional school districts in recruiting and retaining qualified and diverse educators.

(2) Make recommendations for competitive base pay for educators at all steps in the compensation structure.

(3) Make recommendations for achieving competitive career level earnings in fewer, more meaningful steps.

(4) Specify how educators can achieve additional opportunities for career advancement, which must be based in part on years of experience but must otherwise be based on acquisition of relevant degrees, certifications, and competencies, the acceptance of leadership responsibilities, and must fairly compensate for additional professional responsibilities.

(5) Make recommendations that include approaches to the acquisition of skills and knowledge that are timely, relevant, and affordable. Recommendations shall include access to additional compensation that may vary depending on the degree, certification, or competency achieved. The Committee must also consider how additional compensation under this section will be approved and administered.

(6) Provide recommendations on the creation of leadership roles through which educators will receive additional compensation for assuming leadership responsibilities. Recommendations should also allow school districts flexibility to determine the number and type of leadership roles. The Committee should consider positions that:

a. Have meaningful adult leadership responsibilities in the areas of curriculum, casework, instruction, student support, family and community engagement, and professional development;

b. Maintain a meaningful connection to student learning; and

c. Are supported by classroom or office coverage during times when the educator is away from the classroom or students.

Recommendations should include language indicating educators serving in leadership roles shall not be assigned additional responsibilities that are not substantially related to their leadership roles and classroom or professional obligations.

(7) Make recommendations for a process that provides additional compensation for professional responsibilities that are not generally required in the classroom, including special education casework. The Committee shall discuss and make recommendations regarding the types of responsibilities that could qualify for additional compensation. The Committee must also consider how additional compensation under this section will be approved and administered.

(8) Make recommendations regarding the applicability of the new system, which would apply to all educators as defined by § 1202 of this title or person paid under §§ 1305, 1306, 1307, 1310 and 1321 of this title. The Committee should provide a timeline and mechanism for transition and implementation.

(9) Review and provide recommendations to increase base levels of pay for education support staff as defined by §§ 1308, 1311, 1322, and 1324 of this title that shall be competitive with other districts in the region.

(10) Identify and consider adopting state pay scales for job categories where 1 does not exist, including bus drivers and information technology employees.

(b) The Committee shall present its recommendations, including a fiscal note and implementing legislation, to the Governor no later than November 15, 2023, so that its recommendations may be considered for inclusion in the Governor’s recommended budget for fiscal year 2025 to be presented to the General Assembly in January 2024.

(c) The Committee shall consist of the following members, or a designee selected by the member serving by virtue of position:

(1) The Secretary of Education.

(2) The Controller General.

(3) The Director of the Office of Management and Budget.

(4) The Executive Director of the Delaware State Education Association.

(5) The Executive Director of the Delaware Association of School Administrators.

(6) An educator appointed by the Senate President Pro Tempore.

(7) Two school financial officers appointed by the Governor.

(8) One school superintendent appointed by the Governor.

(9) A charter school administrator appointed by the Speaker of the House.

(10) A representative of the Office of the Governor.

(11) The Chair of the House Education Committee.

(12) The Chair of the Senate Education Committee.

(13) One member of the House minority caucus appointed by the Speaker of the House of Representatives.

(14) One member of the Senate minority caucus appointed by the President Pro Tempore of the Senate.

(d) The Committee will elect a chair from amongst the membership.

(e) The Committee shall seek input from others including educators, parents, school administrators, local school boards, and higher education representatives. The Committee shall hold public meetings in person or virtually to specifically gather input from educators.

(f) The Department of Education shall provide staff assistance to the Committee and shall convene the first meeting no later than August 1, 2022.
14 Del. C. § 3402A — Delaware Code / Title 14 / Chapter 34 / Subchapter XIV / Section 3402A
§ Â
        3402A. Definitions.
Status: in_force

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

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

(2) “Adult student” shall mean an individual 25 years of age or older at the time of enrollment.

(3) “Family” for a dependent applicant shall mean the applicant, the applicant’s parents or legal guardian, relative caregiver, and other children under the age of 21 of the applicant’s parents, legal guardian or relative caregiver. The term “family” for an independent applicant shall mean the applicant, an applicant’s spouse and any dependent children.

(4) “Full-time” shall mean a minimum of 24 credit hours in each academic year.

(5) “Institution” shall mean Delaware Technical and Community College or the University of Delaware, Associate in Arts Program.

(6) “Recognized academic credential” shall mean a diploma or certificate of completion for a credit or noncredit training program consisting of 100 hours of instruction or more, or that requires a student to pass a licensure or certification examination approved by a federal, state or local government, regulatory body, or industry/trade group.

(7) “School activity” shall mean open house, school curriculum night, parent and teacher conference night, holiday program, or other school-related events conducted by a public middle school or high school where parents, community members, and students are encouraged to attend and participate.

(8) “Violent felony” shall mean any felony listed in § 4201(c) of Title 11, except for drug-related offenses set forth in Title 16.
14 Del. C. § 1023 — Delaware Code / Title 14 / Chapter 10 / Subchapter II / Section 1023
§ Â
        1023. School year.
Status: repealed

Repealed by 72 Del. Laws, c. 6, § 2, effective February 8, 1999.
14 Del. C. § 4508 — Delaware Code / Title 14 / Chapter 45 / Section 4508
§ Â
        4508. Funding.
Status: in_force

(a) Funding appropriated through the annual Appropriations Act for teacher recruitment and retention may be used to implement the Program established under this chapter.

(b) The Department is authorized to accept and retain private donations to support the Program.
14 Del. C. § 5307 — Delaware Code / Title 14 / Chapter 53 / Section 5307
§ Â
        5307. School of Agriculture â Division of Research, Agricultural Experiment Station.
Status: in_force

(a) The University shall maintain the Agricultural Experiment Station. The function of the Experiment Station shall be to conduct research, both fundamental and applied, in all phases of agriculture and rural life, for the purpose of increasing the efficiency of farming and elevating the standards of rural living to the end that consumers may be assured an adequate supply of food and fiber and that farming itself will continue to be a satisfactory and profitable way of life. The work of the station shall be in conformity with the act of Congress entitled “An Act to Establish Agricultural Experiment Stations, etc.,” being the Act of March 2, 1887, Chapter 314, 24 Stat. 440 [7 U.S.C. §§ 361a, 361b].

(b) The Agricultural Experiment Station shall maintain, manage and operate a farm on the campus for experimental purposes in providing instruction in agriculture and in conducting investigations and original research. It shall also operate and maintain the Agricultural Research Substation for Lower Delaware for the benefit of the citizens of the State in the development and improvement of poultry, horticulture and vegetables. The receipts from sales and otherwise of the farm and substation shall be retained by the Agricultural Experiment Station for their continuous operation and for experimental purposes thereat.
14 Del. C. § 1075 — Delaware Code / Title 14 / Chapter 10 / Subchapter IV / Section 1075
§ Â
        1075. Filing of candidacy for school board member; withdrawal of candidacy.
Status: in_force

(a) (1) a. No later than 4:30 p.m. on the first Friday in March, candidates for election to a board of education shall file a notice of candidacy on the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections responsible for conducting the election. If the last day of filing is a legal holiday, the last day for a person to file is the first business day next that is not a Saturday, Sunday, or a legal holiday.

b. A candidate must request the background checks required under § 209 of this title and provide proof that the background checks have been requested under § 309 of Title 31 with the notice of candidacy under paragraph (a)(1)a. of this section.

c. A candidate who files a notice of candidacy under paragraph (a)(1)a. of this section is considered a provisional candidate for election to a board of education until the Commissioner of Elections has made the determination under paragraph (a)(4)a. of this section.

(2) The State Bureau of Identification and the Department of Services for Children, Youth and Their Families must provide the results of the background checks requested by a candidate under paragraph (a)(1)b. of this section, to the Commissioner of Elections within 15 days of the candidate’s request, under § 309(e)(5)a. of Title 31.

(3) Information obtained by the Commissioner of Elections under paragraph (a)(2) of this section is confidential and is not a public record under Chapter 100 of Title 29.

(4) a. The Commissioner of Elections must determine that an individual is qualified under § 209 and § 1052 of this title before the individual may be considered a candidate for election to a board of education.

b. The Commissioner of Elections must disclose the names of provisional candidates under paragraph (a)(1)c. of this section.

(5) The cost of the criminal background and Child Protection Registry checks required under paragraph (a)(2) of this section are allowed fees for placing the name of the candidate on a ballot under § 8020 of Title 15.

(b) In the event that there is only 1 candidate for the election of a school board member, the Department of Elections conducting the election shall declare the candidate elected, shall not hold an election for that seat, and shall issue a certificate of election to that candidate.

(c) A person may withdraw as a candidate by filing the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections conducting the election.

(1) If the withdrawal creates a circumstance where there is no contest for a school board seat and there are no other school board seats or questions on the ballot, the Department of Elections conducting the election shall cancel the election.

(2) If there are at least 2 remaining candidates for the office and/or there are other offices or questions on the ballot, the Department of Elections conducting the election shall, time permitting, make new ballots.

(3) If time does not permit to make new ballots, the Department of Elections conducting the election shall take such action as is possible to inform the voters at the polling place of the withdrawal.

(4) If there are 2 remaining candidates for the office and there are 7 or more days prior to the date of the election, the Department of Elections conducting the election shall mail new absentee ballots to all persons who had voted by absentee ballot or had not returned absentee ballots mailed to them. If the replacement ballots are not returned by the close of the polls on the day of the election, the earlier ballot shall be counted. Votes shall not be tallied for persons who have withdrawn their candidacy.

(5) Any votes cast for a person who has withdrawn as a candidate shall be considered null and void and shall not be tallied, canvassed or reported.

(d) The county Departments of Elections shall give notice of the deadline for filing as a candidate for a seat on a board of education by notices published in at least 1 newspaper with countywide circulation or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 3 weeks prior to the filing deadline. The last publication of the aforesaid notice shall be not more than 3 days before the filing deadline. Such notices shall plainly set forth the office or offices to be filled, the deadline for filing a notice of candidacy, and the location at which candidates shall file their notice of candidacy.
14 Del. C. § 608 — Delaware Code / Title 14 / Chapter 6 / Section 608
§ Â
        608. Applicability of chapter.
Status: in_force

The provisions of this chapter shall not apply to any transfers, re-assignments, or enrollment changes made with respect to any student under the provisions of Chapter 4 of this title, nor to any transfers, re-assignments, or enrollment changes made with respect to any vocational-technical centers or schools established pursuant to § 205 of this title.
14 Del. C. § 8221 — Delaware Code / Title 14 / Chapter 82 / Subchapter III / Section 8221
§ Â
        8221. Purpose.
Status: in_force

(a) The purpose of this Compact is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. Through this Compact, the member states seek to establish a collective regulatory framework that expedites and enhances the ability of teachers to move across state lines.

(b) This Compact is intended to achieve the following objectives and should be interpreted accordingly. The member states hereby ratify the same intentions by subscribing hereto.

(1) Create a streamlined pathway to licensure mobility for teachers.

(2) Support the relocation of eligible military spouses.

(3) Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the member states.

(4) Enhance the power of state and district level education officials to hire qualified, competent teachers by removing barriers to the employment of out-of-state teachers.

(5) Support the retention of teachers in the profession by removing barriers to relicensure in a new state.

(6) Maintain state sovereignty in the regulation of the teaching profession.
14 Del. C. § 2901 — Delaware Code / Title 14 / Chapter 29 / Section 2901
§ Â
        2901. Regulations governing design and operation of school buses; annual student bus passes.
Status: in_force

(a) The Secretary of Education, with the advice of the Director of the Division of Motor Vehicles, shall adopt and enforce regulations not inconsistent with the motor vehicle laws of this State to govern the design and operation of all school buses used for the transportation of school children, whether such buses be owned and operated by any public school district or privately owned and operated under contract with the Department or any public school district in this State. Such regulations shall by reference be made a part of every contract entered into by the Department or any school district for the operation of a school bus. Every school district, its officers and employees, and every person employed under contract by the Department or a school district to furnish or operate a school bus shall be subject to the regulations. The Department may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of employment or contractual employment of any school bus driver.

(b) The regulations adopted relating to the award of school transportation contracts shall provide as follows:

(1) A school transportation contract may be awarded to a party contingent upon approval of the local board and the Department of Education. Such award may be made only after notice is provided to all interested persons by means of a notice published in at least 2 Delaware newspapers of general circulation.

(2) A local board of education must approve the awarding of a transportation contract to a party based on the following criteria: financial stability, insurability, record of service in that or another school district, if applicable, and personal and/or business resume including references. A local board may use a lottery system to select from among the qualified applicants.

(3) No contract shall be deemed effectively awarded until said award is approved by the local board of education and the Department of Education.

(c) School districts and charter schools may purchase annual student bus passes from the Delaware Transit Corporation for use on fixed route public transit by students in grades 6 through 12.

(1) A school district or charter school must negotiate an agreement with the Delaware Transit Corporation regarding the method of purchasing and tracking bus passes under this subsection.

(2) Students may not be directly reimbursed for the cost of public transportation under this subsection.

(3) A school district or charter school may not require a student to use public transportation.

(4) This subsection does not limit the manner in which schools provide transportation for students under the McKinney-Vento Homeless Education Assistance Improvement Act, 42 U.S.C. §§ 11431 through 11435.
14 Del. C. § 304 — Delaware Code / Title 14 / Chapter 3 / Section 304
§ Â
        304. Other duties, powers, and authority.
Status: in_force

The Board has the duties, powers, and authority necessary for the enforcement of this chapter and the regulations adopted under this chapter. Regulations under this chapter must do at least all of the following:

(1) Establish annual membership fees.

(2) Establish standing committees.

(3) Determine the existence of a violation of the regulations by a member school, athlete, coach, administrator, official, or spectator and penalize a violation by official reprimand, placement on probation, fine, suspension, or other action as the Board deems appropriate.

(4) Investigate, conduct a hearing on, and take action on an alleged violation of a regulation under this chapter that a member school, athlete, coach, administrator, official, or spectator commits.

(5) Interpret regulations made under this chapter, and conduct hearings and take action on requests for a waiver of the regulations.

(6) Establish the fee for officiating a contest or competition.
14 Del. C. § 8002 — Delaware Code / Title 14 / Chapter 80 / Section 8002
§ Â
        8002. Purpose.
Status: in_force

The purpose is to implement a pilot program that utilizes school bus safety cameras to issue civil violations to individuals who fail to stop when a school bus is stopped and displays flashing lamps to take on or discharge school children. If this program is successful in helping to protect students, this may become a program that it utilized statewide. This program further funds itself with revenue from the civil violations and will create additional funds to spread public awareness of the dangers of failing to stop when a school bus is stopped and displays flashing lamps to take on or discharge school children.
14 Del. C. § 3465 — Delaware Code / Title 14 / Chapter 34 / Subchapter VII / Section 3465
§ Â
        3465. Eligible organizations.
Status: repealed

Repealed by 77 Del. Laws, c. 431, § 8, effective July 23, 2010.
14 Del. C. § 1301 — Delaware Code / Title 14 / Chapter 13 / Section 1301
§ Â
        1301. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Preparation,” “no degree,” “bachelor’s degree,” “bachelor’s degree plus 30 graduate credits,” “master’s degree,” “master’s degree plus 30 graduate credits,” “doctor’s degree,” “doctor’s degree or equivalent,” “supervisor,” “administrative assistant,” “director,” “assistant superintendent,” “chief school officer,” “principal,” and any other classification shall have meaning as defined by the certifying board unless provided otherwise in this chapter.

(3) In interpreting the salary, the salary schedule set forth in § 1305(a) of this title, in the case of trades and industry teachers, “bachelor’s degree” means 2 years of college or technical training, plus 6 years of trade experience; “bachelor’s degree plus 15 graduate credits” means 21/2 years of college or technical training, plus 6 years of trade experience; “bachelor’s degree plus 30 graduate credits” means 3 years of college or technical training, plus 6 years of trade experience; “master’s degree” means a bachelor’s degree, plus 6 years of trade experience or a bachelor’s degree, plus 30 graduate credits, plus 4 years of trade experience; “master’s degree plus 15 graduate credits,” “master’s degree plus 30 graduate credits,” “master’s degree plus 45 graduate credits” and “doctor’s degree” shall have meaning as defined in paragraph (2) of this section.
14 Del. C. § 1321 — Delaware Code / Title 14 / Chapter 13 / Section 1321
§ Â
        1321. Salary schedules for certain professional personnel employed by the Department of Education; employment formulae and salary schedules for certain professional personnel employed by the school districts.
Status: in_force

(a) A professional employee of the Department of Education having the qualifications required by the certifying board shall receive as an annual salary the amount for which that professional employee’s qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined in accordance with either the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater.

The Department of Education shall be authorized to revise the salary to be paid to any of its professional personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall be authorized to designate up to 19 positions within its authorized full-time complement to function as team leaders or directors. In recognition of the administrative or management responsibility assigned to these positions, such individuals shall receive up to $7,210 more than the amount that a similarly qualified and experienced education associate would be entitled to receive in accordance with the provisions of this chapter.

The Department shall annually conduct a performance review of each of its professional employees and establish the salary to be paid to each employee which shall not be less than the amount shown in the above schedule nor shall it exceed the allowable maximum salary determined by the above method. The Department shall annually present its revised salary schedule to the State Treasurer who shall pay the additional amount required for each employee because of the application of the revised schedule for the General Fund, notwithstanding any other laws of this State.

(b) One twelfth of the additional amount set forth in the schedule in subsection (a) of this section shall be deducted for each month that the employee is not employed.

(c) Each teacher, specialist, supervisor, administrative assistant, director and assistant superintendent employed by a district and having the qualifications required by the certifying board shall receive as an annual salary the amount for which such teacher, specialist, supervisor, administrative assistant, director and assistant superintendent qualifies under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined, either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater.

(d) One twelfth of the additional amount set forth in the schedule in subsection (c) of this section shall be deducted for each month that the employee is not employed.

(e) During the fiscal year beginning July 1, 1970, and annually thereafter a reorganized school district may employ the following personnel:

(1) Assistant superintendents for a period of 12 months per year at the rate of 1 for each full 300 state units of pupils not to exceed a total of 2 per reorganized school district;

(2) Directors for a period of 12 months per year at the rate of 1 for the first full 200 state units of pupils and 1 for each additional full 100 state units of pupils not to exceed a total of 6 per reorganized school district;

(3) Administrative assistants for a period of 12 months per year at the rate of 1 per reorganized school district;

(4) Supervisors for a period of 11 months during the fiscal year 1982 and thereafter at the rate of 1 for each full 150 state units of pupils. Those districts with less units than needed for a supervisor, the Department of Education shall provide support for the fractional part of the first supervisor;

(5) Specialist. — Visiting teachers for a period of 10 months per year at the rate of 1 for each full 250 state units of pupil. For districts that do not qualify for a visiting teacher, fractional units shall be provided to allow for such personnel;

(6) Specialist. — Driver education teachers for a period of 10 months per year at the rate of 1 for each full 125 10th grade students in the district or 1/5 of a teacher for each full 25 tenth grade students in the district;

(7) Supervisors of transportation for a period of 12 months per year at the rate of 1 such supervisor per 7,500 or more enrolled pupils. For districts that do not qualify for a transportation supervisor, fractional units shall be provided to allow for such personnel.

(8) Supervisors of school lunch for a period of 12 months per year, such supervisors to be paid at the salary of “supervisors” as set forth in subsection (c) of this section at the rate of:

a. One such supervisor in any district having less than 500 units having 4 or more schools with school lunch programs;

b. One in any district having 500 units or more, 1 such supervisor for every 500 full units. In addition, each such school district shall employ such additional supervisors so that the total number of such supervisors equals 1 supervisor for each 300 full units to be paid out of revenue receipts from cafeteria funds.

(9) School districts are authorized to receive cash for any official administrative position that the district qualifies for under the provisions of paragraph (e)(1), (2), (3), (4), (7) or (8) of this section. This option shall apply only if the district has not filled the position at any time during the fiscal year. The value of this cash option will be the corresponding value of doctorate plus 10 years of experience on the schedule in § 1305 of this title plus the amount for state administrative supplement from the salary schedule in § 1321(c), at 9 years’ experience for the administrative type involved. If a position is gained as a result of unit growth and this option is utilized for that position, the district will receive 3/4 of the above funds. Districts wishing to exercise this option must make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision.

Funds received as a result of this section may be used for any Division I or Division II purpose. Funds received as a result of this section may not be used to supplement state salaries authorized in this chapter for any employee;

(10) Specialist. — Related services positions which include physical therapists, occupational therapists, speech language pathologists, school psychologists or other related services specialists as identified in department regulation will be funded for a period of 12 months per year at a rate of 1 for every group of 3.0 children who are counted as complex; and for a period of 11 months at a rate of 1 for every group of 5.5 children counted as intensive; and for a period of 10 months at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units;

(11) Deaf-blind program personnel. — Four related service units are assigned to the state-wide deaf-blind program for appropriate therapists and other personnel for 12 months per year.

a. Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as the administrative agency for a statewide program for deaf-blind pupils that district may employ specialists as herein authorized to serve the entire statewide program. Specialists so employed shall be paid according to the salary authorized for teachers in § 1305 of this title. The school district authorized to employ such specialists and the coordinator may provide additional salary to such personnel according to § 1304 of this title and shall recover funds so expended from the school districts responsible for the day-to-day instruction of the deaf-blind persons according to Chapter 6 of this title. Salary authorized by § 1304 of this title may be provided according to Chapter 6 of this title.

b. If the option to purchase services under this section is exercised, then the dollar value of each full-time equivalent shall be the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months. The calculation of this funding shall be for the current school year. Expenditures of this nature may be used for the purchase of personal services. Any school district wishing to use funds under this option shall first make application to the Department of Education for such use and proceed to exercise the option only after approval by the Department of Education; provided, that the State Board may review any objection to the Department’s decision.

c. Coordinator. — Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as administrator for the statewide program for deaf-blind pupils that district may employ a statewide coordinator at the principal’s rank and salary;

(12) Specialists. — All related services units are earned at the district or charter school level. Preschool, basic, intensive and complex related services units earned shall be used to support related services needs of students in those units. Districts may use earned units to hire any related services staff necessary or alternatively choose to provide all or part of those services through a contractual arrangement with a public or private agency. When providing services by contract, the dollar value of the contract shall not exceed the authorized salary for a teacher at the master’s level plus 10 years and employed for a period of 12 months per year as provided for in § 1305 of this title, divided by the number of months in the terms of the contract. Partial unit funding is provided based on the dollar value of the unit. Any school district wishing to use funds under the contractual option set forth in this section shall make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision;

(13) Teachers, class aides and other personnel. — For units deemed basic, intensive or complex, units must be used to hire teachers, class aides, related services personnel or for contractual services for these or other student-related services. All earned units generated by students receiving special education services shall be used to support these students;

(14) Supervisor of buildings and grounds for a period of 12 months per year at the rate of 1 per reorganized school district. — For a school district to have a building and grounds supervisor, it must have 95 or more building units as defined by the State Board of Education. Supervisors so employed shall be paid in accordance with subsection (c) of this section. This position is included in the total number of custodial personnel allowed;

(15) Beginning with the fiscal year commencing July 1, 2005, any position generated by paragraph (e)(5) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title for each position; and

(16) Beginning with the fiscal year commencing July 1, 2011, 40% of positions generated at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units under for paragraph (e)(10) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title.

The personnel employed pursuant to this subsection shall not be charged against the allotment of classroom teachers provided by these units of pupils, the provisions of § 1705 of this title notwithstanding.

(f) In school districts which contract with the federal government to operate schools, the units of pupils in such schools shall be counted for entitlement of that school district under this section.

(g) Whenever units in addition to state units are counted for entitlement under subsection (f) of this section, the salaries for such additional personnel shall be paid from state and federal funds on a prorated basis.

(h) Vocational agriculture teachers may be employed for 12 months and paid in accordance with § 1305 of this title.

(i) Allocations of personnel specified in this section shall apply, the provisions of § 1006 of this title notwithstanding.
14 Del. C. § 1323 — Delaware Code / Title 14 / Chapter 13 / Section 1323
§ Â
        1323. Maternity leave.
Status: repealed

Repealed by 71 Del. Laws, c. 180, § 77, effective July 31, 1997.
14 Del. C. § 2124 — Delaware Code / Title 14 / Chapter 21 / Section 2124
§ Â
        2124. Purchase of land for school purposes.
Status: in_force

Nothing in this chapter shall prohibit any school board, with the prior approval of the Department of Education, from purchasing or from entering into contracts relating to the acquisition of lands for school purposes, if the school board shall have available to it funds for such purposes.
14 Del. C. § 9001A — Delaware Code / Title 14 / Chapter 90A / Section 9001A
§ Â
        9001A. Definitions.
Status: in_force

As used in this chapter:

(1) “Academic institution” means an institution of postsecondary education receiving State funds or a private institution of postsecondary education with campuses physically located in Delaware serving over 1,000 students.

(2) “Advocate” means any of the following:

a. An employee or volunteer at a domestic violence shelter or a telephone crisis line for crime victims.

b. An employee or volunteer at an organization whose primary purpose is to provide services for victims of domestic violence or sexual offenses, including sexual assault, stalking, or any abuse.

c. An employee, whose primary job duties are the provision of services to victims of domestic violence, sexual assault, or other crimes.

(3) “Responsible employee” means persons who are any of the following:

a. Faculty, teachers, or professors.

b. Employees of the academic institution who, as part of their job duties, regularly interact with students in a teaching, mentoring, advisory, or supervisory capacity.

c. Persons who serve as an appointed trustee or director of the academic institution.

d. Student employees of an academic institution who, as part of their job duties, have teaching, mentoring, advisory, or supervisory responsibilities with respect to other students. This shall include resident advisors, hall directors, and teaching assistants.

(4) “Sexual assault” means physical contact of a sexual nature perpetrated without consent or where consent is unable to be given.
14 Del. C. § 3111 — Delaware Code / Title 14 / Chapter 31 / Subchapter II / Section 3111
§ Â
        3111. Advisory council for exceptional citizens.
Status: in_force

(a) The Governor shall appoint an advisory council to act in an advisory capacity to the Department of Education, the State Board of Education and other state agencies on the needs of exceptional citizens. The General Assembly shall provide for the maintenance of the council. The council shall also serve in the capacity of the advisory panel as required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq.

(b) The council shall hold at least 1 joint meeting with the Interagency Coordinating Council each calendar year.
14 Del. C. § 1203 — Delaware Code / Title 14 / Chapter 12 / Subchapter I / Section 1203
§ Â
        1203. Rules and regulations.
Status: in_force

Unless otherwise provided for in this chapter, rules and regulations necessary to implement this chapter must be proposed by the Standards Board subject to approval of the State Board. The Standards Board shall develop rules and regulations in consultation and cooperation with the Department. Once developed, the rules and regulations must be sent to the Executive Secretary of the State Board and must be included on the State Board’s agenda no later than the second regular meeting of the State Board following the Executive Secretary’s receipt of the rules and regulations. The rules and regulations must be addressed by the State Board when placed on its agenda. If approved by the State Board, rules and regulations have the force and effect of law. The Department shall adopt and publish all rules and regulations pursuant to the provisions of this section and to the provisions of the Administrative Procedures Act [Chapter 101 of Title 29]. This subsection shall not apply to rules and regulations promulgated pursuant to the provisions of subchapter VII of this chapter.
14 Del. C. § 8515 — Delaware Code / Title 14 / Chapter 85 / Section 8515
§ Â
        8515. Procedure for approval of applications and programs.
Status: in_force

The Department shall provide such rules and regulations as are necessary to direct applicants for a certificate of approval in the preparation of a statement of the existing or planned educational programs and managerial organization and financial status of the applicant school. Upon receipt of any application, prepared in accordance with the provisions of this chapter, the Department shall provide for the review of that application and shall, within 90 days of its receipt, notify the applicant that the application is approved or disapproved or that further negotiation will be afforded toward the goal of approval.
14 Del. C. § 604 — Delaware Code / Title 14 / Chapter 6 / Section 604
§ Â
        604. Special programs.
Status: in_force

(a) If any pupil is counted in the preschool, intensive or complex unit and attends school in a program operated by a district other than that in which the pupil resides, by an agency of the Department of Education or is in an approved private placement pursuant to § 3124 of this title, the receiving district or the Department of Education shall collect a tuition charge for the nonresident pupil, provided approval for attendance has been granted by the sending district. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax levied for this specific purpose, except that in the case of a district assigned by the Department with the approval of the State Board of Education to administer a school or program for children with disabilities, or special programs approved by the Department of Education for persons without disabilities such as programs for bilingual students or programs for pregnant students, the district so assigned shall be both the sending and receiving district in regard to that school or program and is authorized to collect tuition charges accordingly.

(b) In determining the tuition to be charged for a pupil counted in the preschool, intensive or complex units or for a person without disabilities attending approved special programs, such as bilingual programs or programs for pregnant students operated by a district other than that in which the student resides or by an agency of the State Department of Education, the receiving district or the State Department of Education shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by the Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the special program as of September 30 of the current school year. The resulting figure shall represent the amount of the “tuition charge” per pupil.

(c) In determining the tuition charged to the sending district in the case of private placement for children with disabilities, tuition will be defined as in § 3124 of this title and the sending district will be charged 30 percent of the total tuition cost. The remaining 70 percent will be covered through funding provided by the State Department of Education from the annual appropriation for this purpose.

(d) Section 602(c)-(e) of this title shall apply to this section.
14 Del. C. § 3447 — Delaware Code / Title 14 / Chapter 34 / Subchapter V / Section 3447
§ Â
        3447. Charles L. âChuckâ Hebner Scholarship awarded after July 1, 2022.
Status: in_force

(a) High school seniors who plan to enroll as full-time students at a degree-granting college during the academic year immediately following high school graduation and who meet application requirements established by the Office are eligible to apply.

(b) The amount of the award will be determined by the Office.

(c) Where such education costs are nonexistent or reduced, as in the case of U.S. military academies, the Office may designate a particular student as a Charles L. Hebner Scholar without monetary award or may reduce the value of the scholarship.
14 Del. C. § 165A — Delaware Code / Title 14 / Chapter 1 / Subchapter III-A / Section 165A
§ Â
        165A. Eligibility.
Status: in_force

A. Eligibility for enrollment. — (1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

(2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

(3) A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation. — State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
14 Del. C. § 3419 — Delaware Code / Title 14 / Chapter 34 / Subchapter III / Section 3419
§ Â
        3419. Christa McAuliffe scholarship loans awarded prior to July 1, 2022.
Status: repealed

(a) Purpose. — It is the intent and purpose of this program to encourage academically talented Delawareans to pursue teaching careers in Delaware public schools.

(b) [Repealed.]

(c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment is employment as a teacher in a Delaware public school, whether as an employee of the State, the Department of Education, a school district or an individual school, or as an employee of a private organization providing educational services to Delaware school children under a contract with the State, the Department of Education, a school district or an individual school.

(2) Awards will be forgiven at a rate of 1 year of qualifying employment for 1 year of loan.
14 Del. C. § 1303 — Delaware Code / Title 14 / Chapter 13 / Section 1303
§ Â
        1303. State supported uniform salary schedules and classifications.
Status: in_force

The salary schedules and classifications set forth in this chapter shall be permanent state-supported uniform salary schedules and classifications which shall govern, subject to § 1304 of this title and Chapter 17 of this title, the amounts of the salaries that shall be paid by each district and the Department of Education to the employees covered by the schedules. Funds received by charter schools through the Department of Education associated with staff members who qualify for salary supplements under § 1309 or § 1324(c) of this title shall be paid to said employee.
14 Del. C. § 401 — Delaware Code / Title 14 / Chapter 4 / Section 401
§ Â
        401. School District Enrollment Choice Program; establishment; statement of purpose; application.
Status: in_force

(a) There is hereby established an enrollment choice program within the public school system of this State.

(b) In establishing this program, it is the goal of the General Assembly to increase access to educational opportunity for all children throughout the State regardless of where they may live. It is therefore the intent of the General Assembly that this chapter be construed broadly to maximize parental choice in obtaining access to educational opportunities for their children.

(c) For the school year commencing July 1, 1996, and each succeeding school year, a parent residing within this State may enroll that parent’s child in a public school in any reorganized school district, vocational-technical school district, or charter school in the manner provided in this chapter.

(d) (1) The forms prescribed and policies adopted under this chapter, including the online application, shall be available on the websites of all of the following:

a. Each reorganized school district.

b. Each vocational-technical school district.

c. Each charter school.

d. The Department of Education.

(2) The Department of Education’s school choice website must contain a link to the website with the reports under § 124A(a)(2) of this title.
14 Del. C. § 1604A — Delaware Code / Title 14 / Chapter 16 / Section 1604A
§ Â
        1604A. Site selection for alternative educational facilities.
Status: in_force

(a) New alternative school programs funded on or after July 1, 2002, or alternative school programs except for those located on school property currently funded pursuant to § 1604 of this title that change locations on or after July 1, 2002, shall be subject to the following process:

(1) The school district or consortium of school districts shall notify by mail the Secretary of Education and every property owner located within 200 feet of the site’s boundary lines that there is a plan to establish an alternative educational facility for children exhibiting discipline problems on the site. The notice must include the date, time and location of an informational meeting that will explain the details of the site, facility and program plans.

(2) The school district or consortium of school districts shall notify city council members and state legislators who represent residents of the school district in which the proposed site is located and the chief elected official of the county and town or city in which the proposed site is located of the time, date and location of the informational meeting. Further, the school district or consortium of school districts shall publish public notice of the time, date and location of the informational meeting once a week for 2 weeks in a newspaper in general circulation in the school district of the proposed site selection.

(3) Written comments shall be directed to the superintendent of the district in which the facility is to be located within 10 business days of the informational meeting.

a. If there are objections to the proposed site by at least 5 citizens who reside within 200 feet of the site or by at least 25 citizens who reside within the school district in which the site is located, the local school board shall hold a special public meeting to consider the concerns of the community and the responses of the school district or consortium of school districts proposing the facility site.

b. The local school board shall take action on the proposed site at its next regularly scheduled meeting after the informational meeting or special public meeting, whichever occurs last. The decision by the local school board is final and not subject to appeal.

(b) This section does not apply to a facility site that is located in a public school building or on the grounds of a public school building or on land owned by a reorganized school district, vocational-technical school district or charter school.
14 Del. C. § 1220 — Delaware Code / Title 14 / Chapter 12 / Subchapter III / Section 1220
§ Â
        1220. Standard certificate [For application of this section, see 83 Del. Laws, c. 339, Ââ38].
Status: repealed

(a) The Department shall issue a standard certificate to an applicant who meets the requirements for licensure and has acquired the prescribed knowledge, skill, or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. Where applicable and available, an applicant for a standard certificate must have achieved a passing score on an examination of content knowledge, such as Praxis II. This requirement shall apply to all applicants teaching special education in a “core content area,” as defined in § 1210 of this title, in secondary schools.

(b) Notwithstanding the provisions of subsection (a) of this section, the Department shall issue a standard certificate to an applicant who:

(1) Meets the requirements for licensure and holds a valid and current license or certificate from another state; or

(2) Meets the requirements for a Meritorious New Teacher candidate designation adopted pursuant to § 1203 of this title.

(c) [Repealed.]