14 DE Code § 103. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 1. Department of Education|Subchapter I. Composition, Organization and Administration|§ 103. Powers, duties and functions of the Secretary.

§ 103. Powers, duties and functions of the Secretary. (a) The Secretary may:  (1) Supervise, direct and account for the administration and operation of the Department, its offices, functions and employees; (2) Appoint and fix the salary, with the written approval of the Governor, of the following officers: Deputy Secretary, Associate and Assistant Secretaries, and an Executive Assistant. These officers may be removed from office by the Secretary with the written approval of the Governor, and they shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary; (3) Appoint such additional personnel as may be necessary for the administration and operations of the Department, within such limits as may be imposed by law; (4) With the written approval of the Governor, establish, consolidate, abolish, transfer or combine the powers, duties and functions of the branches, work groups, offices or units within the Department as the Secretary may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained; (5) Make and enter into any and all contracts, agreements or stipulations; retain, employ and contract for the services of private and public consultants, and research and technical personnel; and procure by contract consulting, research, technical and other services and facilities whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department or to determine and ensure the quality and effectiveness of education programs and initiatives, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of Title 29 unless otherwise provided by law; (6) Delegate any of the Secretary's own powers, duties or functions to the Deputy Secretary or an Associate or Assistant Secretary, except the power to remove employees of the Department or to fix employee compensation; (7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; (8) Maintain such facilities throughout the State as may be necessary for the effective and efficient operation of the Department; (9) Adopt an official seal or seals for the Department; (10) In consultation with the State Board of Education, prepare a proposed annual operating and capital improvement budget for the Department and state support of the public school system to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated to it by the General Assembly. Special funds may be used in accordance with approved grants, programs and appropriations; and (11) Appoint committees or advisory entities to assist the Secretary in performing the duties of the Secretary's office. When the committee or entity is formed to assist in developing policies or regulations the adoption of which must be approved by the State Board, the Secretary shall consult with the State Board regarding the composition of such committee or entity. (b) The Secretary shall develop and implement policy for grades 1-12 that will substantially decrease the number of nonperformance-based promotions, or social promotions, which allow students who have not passed a course or courses required for promotion to the next grade to advance to the next grade, with the goal of eliminating those promotions by the year 2001. (c) The Secretary shall calculate a Voluntary School Assessment, which applicants shall have the option of paying in lieu of any school certification required by § 2661 of Title 9 or § 842 of Title 22. Voluntary School Assessments shall be calculated on a per unit basis for each project that seeks to pay such assessments in lieu of certification as follows by:  (1) Calculating the average cost (including land or, if the school district already owned such land, the then-fair market value of such land at the time of construction), per child, for the average new public schools (1 elementary school, 1 middle school, 1 high school) constructed with state assistance in New Castle County as determined by the State of Delaware School Construction Technical Assistance Manual prepared by the Delaware Department of Education (as such manual exists as of June 30, 1999, such manual to be updated for purposes of this calculation no earlier than July 1, 2005, and thereafter updated as the Department normally updates such manual); (2) Multiplying that number by the local percentage share then required by state law of the local school district in order to receive state capital assistance; (3) Multiplying the resulting figure by 0.50, representing the average number of school-aged children projected to be housed within each residential unit, provided that in no event shall the Voluntary School Assessment exceed 5 percent of the total cost of the residential unit.27 Del. Laws, c. 106;  Code 1915, §  2274;  32 Del. Laws, c. 160, §  6;  Code 1935, §  2628;  14 Del. C. 1953, §  108;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  3;  72 Del. Laws, c. 237, §  4;