reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 165A. Eligibility.

§ 165A. Eligibility.
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.
76 Del. Laws, c. 327, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 166A. Graduation.

§ 166A. Graduation.
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.
76 Del. Laws, c. 327, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 167A. State coordination.

§ 167A. State coordination.
A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least:
the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, 1 representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.
B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.
D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 171A. Rulemaking functions of the Interstate Commission.

§ 171A. Rulemaking functions of the Interstate Commission.
(A) Rulemaking authority. — The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
(B) Rulemaking procedure. — Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act”, of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
(C) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.
(D) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 173A. Financing of the Interstate Commission.

§ 173A. Financing of the Interstate Commission.
(A) The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(B) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
(C) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
(D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 174A. Member states, effective date and amendment.

§ 174A. Member states, effective date and amendment.
(A) Any state is eligible to become a member state.
(B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.
(C) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 175A. Withdrawal and dissolution.

§ 175A. Withdrawal and dissolution.
(A) Withdrawal. — (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until 1 year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
(B) Dissolution of compact. — (1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to 1 member state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 176A. Severability and construction.

§ 176A. Severability and construction.
(A) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(B) The provisions of this compact shall be liberally construed to effectuate its purposes.
(C) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter III-A. Interstate Compact on Education for Children of Military Families › § 177A. Binding effect of Compact and other laws.

§ 177A. Binding effect of Compact and other laws.
(A) Other laws. — (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
(2) All member states' laws conflicting with this compact are superseded to the extent of the conflict.
(B) Binding effect of the compact. — (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
76 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter IV. State Assessment System Security and Violations › § 170. Definitions.

§ 170. Definitions.
For purposes of this subchapter only, the following terms shall have the meanings indicated:
(1) “Assessment administration” means the range of activities from the initial procurement of secure assessment materials including those delivered via the computer through testing and the return of secure assessment materials to the Department or its agents;
(2) “Assessment site” means the physical location of the assessment administration, including a computer lab, classroom, or other room;
(3) “Department” means the Delaware Department of Education;
(4) “Individual” means a student, teacher, administrator, local or state school board member, or other employee, agent or contractor employed by the Delaware public school system whether local or at the state level, and including an employee, agent or contractor of a charter school;
(5) “Log-in” means the process of accessing the assessment website;
(6) “School district” means any school district, special school or charter school created pursuant to the provisions of this title;
(7) “Secure browser” means the computer browser that prevents the student from accessing functions of the computer that are not allowed during assessment;
(8) “State Assessment System” means the assessment program established pursuant to subchapter III of this chapter, including the assessments administered pursuant thereto; and
(9) “Student identification number” means the unique identification number assigned to each student in the State under which his or her student records are maintained.
73 Del. Laws, c. 81, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 53, §§  23-25;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter IV. State Assessment System Security and Violations › § 171. Security and data procedures.

§ 171. Security and data procedures.
(a) The Department shall promulgate rules and regulations to ensure the security of the assessment administration, training of personnel and collection and reporting of assessment data.
(b) The Department's rules and regulations shall provide for:
(1) The security of the printed materials during assessment administration and the storage under lock and key of all secure assessment materials, including answer documents, before and after assessment administration;
(2) Procedures to safeguard computer access information and use of the secure browser, including the printing of assessment content;
(3) The proper administration of assessments and the monitoring of assessment administrations by school district personnel; and
(4) Procedures for the accurate and timely collection, storage and retrieval of state assessment system materials and data.
73 Del. Laws, c. 81, §  1;  78 Del. Laws, c. 53, §§  26-30;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter IV. State Assessment System Security and Violations › § 173. Data reporting violations.

§ 173. Data reporting violations.
School districts and individuals shall not:
(1) Fail to report assessment scores, numbers of students administered the assessments any other data element required to be reported to the Department;
(2) Report incorrect or otherwise inaccurate assessment scores, numbers of students administered the assessments or any other data element required to be reported to the Department;
(3) Exclude a student from participation in the state assessment except in accordance with the regulations of the Department;
(4) Refuse to disclose to the Department information concerning a violation of the foregoing data reporting requirements; or
(5) Refuse to cooperate in the investigation of a suspected data reporting violation, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable.
73 Del. Laws, c. 81, §  1;  78 Del. Laws, c. 53, §§  42, 43;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter IV. State Assessment System Security and Violations › § 174. Civil sanctions for violations.

§ 174. Civil sanctions for violations.
(a) A student who violates any of the provisions of § 172 of this title shall be subject to the following:
(1) At the discretion of the Department, the assessment score of such student may be invalidated and the student may be declared ineligible to retake the assessment until the next official testing opportunity; and
(2) Such disciplinary action as deemed appropriate by the student's school district.
(b) An individual other than a student who knowingly violates any of the provisions of this subchapter shall be subject to the following:
(1) Such personnel sanctions as might otherwise be imposed by the individual's employer for an act of misconduct;
(2) A hearing conducted by the Professional Standards Board to determine revocation of any license issued to such individual pursuant to the provisions of Chapter 12 of this title; and
(3) Payment of any costs incurred by the State or Department as a result of the violation.
73 Del. Laws, c. 81, §  1;  78 Del. Laws, c. 53, §  44;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter V. Delaware Higher Education Office › § 180. Purpose.

§ 180. Purpose.
The Delaware Higher Education Office serves as a source of higher education information and expertise for the executive and legislative departments of the State and for Delaware citizens who can benefit from higher education. It serves as a mechanism for members of the public and professional groups to address higher education issues and ensure that resources are continuously focused to meet state priorities. The Higher Education Office, with the Department of Education, will support student transition between K-12 education and postsecondary education environments, and support increased student achievement.
73 Del. Laws, c. 188, §  6;  77 Del. Laws, c. 431, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter V. Delaware Higher Education Office › § 181. Responsibilities.

§ 181. Responsibilities.
The Office shall do all of the following:
(1) Ensure that state resources for higher education are targeted to state priorities serving Delawareans.
(2) Ensure that higher education is accessible and affordable for all Delaware students who qualify for admission by providing financial assistance and guidance services.
(3) Strengthen the role and impact of higher education in elementary and secondary education reform, achievement of student performance expectations, and teacher professional development.
(4), (5) [Repealed.]
(6) Enhance the capacity for quality data collection and reporting to meet federal mandates, regional and interstate contractual agreements, and national data sharing requirements.
(7) In cooperation with the Department of Education, identify and implement methods to ensure a seamless transition for Delaware residents from elementary and secondary education to postsecondary education.
(8) Ensure that higher education services reflect changing needs and capabilities by exploring regional and national trends, and recommending implementation as appropriate.
(9) Promote student academic preparation for higher education and help educate Delawareans on saving for college.
(10) Expand education opportunities available through interstate agreements, such as the Southern Regional Education Board (SREB) and the State Higher Education Executive Officers Association (SHEEO), and publicize and promote their use.
(11) [Repealed.]
(12) Monitor and assist in resolution of consumer complaints related to student financial assistance, academic credit, and credit transfer; coordinate efforts as appropriate with the Department of Justice and private consumer protection agencies.
(13), (14) [Repealed.]
(15) Administer specific programs relating to higher education and others as may be established or assigned by the General Assembly and the Department of Education.
(16) [Repealed.]
73 Del. Laws, c. 188, §  6;  77 Del. Laws, c. 431, §§  2-4;  83 Del. Laws, c. 401, § 1;  83 Del. Laws, c. 413, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter V. Delaware Higher Education Office › § 182. Staff.

§ 182. Staff.
The Department of Education may employ a Director of the Delaware Higher Education Office and other staff as necessary to meet its mandate and provide effective service within the limitations of and the manner prescribed by the annual Appropriations Act. Employees of the Office shall be compensated in accordance with the provisions set forth in Chapter 13 of this title.
73 Del. Laws, c. 188, §  6;  77 Del. Laws, c. 431, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter V. Delaware Higher Education Office › § 183. Regulations.

§ 183. Regulations.
The Department of Education, through the Delaware Higher Education Office, is authorized to adopt rules and regulations to implement this subchapter, subject to the State Board of Education's approval.
73 Del. Laws, c. 188, §  6;  77 Del. Laws, c. 431, §  6;  83 Del. Laws, c. 401, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter VI. Institutions of Higher Education › § 185. Definitions.

§ 185. Definitions.
For purposes of this subchapter:
(1) “Accrediting agency” means an accrediting agency that is recognized by the United States Secretary of Education as a reliable authority concerning the quality of education or training offered by the postsecondary institutions or programs the agency accredits.
(2) “Department” means the Department of Education.
(3) “Institution” means a postsecondary institution as defined in this section or a private business and trade school as defined in Chapter 85 of this title.
(4) “Postsecondary institution” means a person, as defined in § 302 of Title 1, that offers postsecondary courses, postsecondary programs of courses, or postsecondary programs that lead to a certificate or degree in the State. The term does not include institutions that are established by Delaware law. or private business and trade schools under Chapter 85 of this title, except as otherwise provided in this subchapter.
(5) “Secretary” means the Secretary of Education.
(6) “Teach-out plan” means a written plan developed by an institution that provides for the equitable treatment of students if the institution ceases to operate before all students have completed their program of study. Such plan may include, if required by the institution's accrediting agency, a teach-out agreement between institutions.
83 Del. Laws, c. 401, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter VI. Institutions of Higher Education › § 186. Certificate of approval to operate a postsecondary institution.

§ 186. Certificate of approval to operate a postsecondary institution.
(a) No person may operate a postsecondary institution without having obtained a certificate of approval from the Department. In order for the Department to issue a certificate of approval, a person must have the power to confer degrees from another state or territory, meet all of the statutory requirements in this subchapter, meet all of the regulatory requirements set forth in the Department's regulations adopted pursuant to this subchapter, and pay the application fee. Notwithstanding the foregoing, the Department may issue a certificate of approval to a person who has the power to confer degrees from another state or territory and meets the requirements of a reciprocity agreement to which the Department is a party. A certificate of approval is not transferrable.
(1) If a person does not have approval to confer degrees from another state or territory and the person wishes to confer degrees, the person must obtain approval to confer degrees from the Department as provided in § 125 of Title 8.
(2) Postsecondary institutions located outside of the United States and its territories may be considered for approval to confer degrees from the Department only upon accreditation from an accrediting agency.
(b) The person's certificate of approval must be displayed on the person's website and made available to students upon request.
(c) A certificate of approval is issued for a 5-year period. A person must submit an application to renew a certificate of approval prior to the certificate of approval expiring.
83 Del. Laws, c. 401, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter VI. Institutions of Higher Education › § 188. Restriction of certificate to fields indicated in application; supplementary applications.

§ 188. Restriction of certificate to fields indicated in application; supplementary applications.
A person's certificate of approval is restricted to the courses, programs of courses, and programs that lead to a certificate or degree that are specified in the person's application for the certificate of approval. The holder of a certificate of approval must submit a supplemental application to the Department for approval of additional courses, programs of courses, and programs that lead to a certificate or degree it desires to offer during the effective period of the certificate of approval.
83 Del. Laws, c. 401, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter VI. Institutions of Higher Education › § 189. Fees.

§ 189. Fees.
The Department may establish application fees for approval and renewal of a certificate of approval. The Department shall set the fees in an amount that approximately and reasonably reflect the costs of administering this subchapter. An application fee may not be refunded in the event that the certificate of approval is denied or revoked. Fees must be deposited in the General Fund of the State.
83 Del. Laws, c. 401, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 1. DEPARTMENT OF EDUCATION › Subchapter VI. Institutions of Higher Education › § 191. Revocation of certificates of approval.

§ 191. Revocation of certificates of approval.
(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.
83 Del. Laws, c. 401, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter I. System of Free Public Schools › § 201. System of free public schools.

§ 201. System of free public schools.
The system of free public schools throughout this State shall be general and efficient.
14 Del. C. 1953, §  201;  56 Del. Laws, c. 292, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter I. System of Free Public Schools › § 202A. School enrollment for children in the custody of the Department of Services for Children, Youth and Their Families.

§ 202A. School enrollment for children in the custody of the Department of Services for Children, Youth and Their Families.
(a) For purposes of this section, “school of origin” means any of the following:
(1) The school in which the child is enrolled at the time of entry into the custody of the Department of Services for Children, Youth and Their Families (DSCYF).
(2) The school in which the child is enrolled at the time of any change in placement while in the custody of DSCYF.
(3) The school identified for the next grade level in the same school district where the child in the custody of DSCYF is enrolled.
(b) (1) A child in the custody of DSCYF under Chapter 25 of Title 13 must remain in the child's school of origin, unless a determination is made that it is not in the child's best interest to attend such school.
(2) If it is determined that it is not in the best interest of a child to remain in the child's school of origin, the child must immediately be enrolled in the child's school of residence based on the current address of the DSCYF custody placement, even if the records or other documents normally required for enrollment are not produced. The school in which the child is enrolled shall immediately contact the child's school of origin to obtain relevant academic and other records.
(3) The determination of a child's best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the child's school of origin, and a representative of the child's school of residence based on the address of the DSCYF custody placement at the time of the determination.
(c) (1) If a child leaves the custody of DSCYF, the child must remain in the school in which the child is enrolled through the remainder of the academic year, unless a determination is made that it is not in the child's best interest.
(2) The determination of a child's best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the school in which the child is enrolled, and a representative of the child's school of residence based on the address of the DSCYF custody placement at the time of the determination.
(d) The Secretary of Education shall promulgate regulations to establish a process for the determination of a child's best interest under subsections (b) and (c) of this section.
81 Del. Laws, c. 92, § 2;  82 Del. Laws, c. 243, § 35;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter I. System of Free Public Schools › § 203. Special programs.

§ 203. Special programs.
The Department with the approval of the State Board of Education and the school board of any local reorganized school district, either separately or jointly, may establish special programs for children who are in need of education not provided for in regular classes or schools. Such special programs may include, but are not limited to, bilingual programs, programs for persons who are truant or insubordinate or programs for pregnant students.
14 Del. C. 1953, §  203;  56 Del. Laws, c. 292, §  4;  57 Del. Laws, c. 113;  63 Del. Laws, c. 177, §  1;  68 Del. Laws, c. 126, §  1;  71 Del. Laws, c. 180, §  16;  72 Del. Laws, c. 395, §  372;  75 Del. Laws, c. 155, §  1;  78 Del. Laws, c. 5, §§  1-3;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter I. System of Free Public Schools › § 205. Vocational-technical centers, or schools.

§ 205. Vocational-technical centers, or schools.
The Department of Education with the approval of the State Board of Education may establish such vocational-technical centers, or schools as in its judgment will promote the educational interests of the State.
14 Del. C. 1953, §  205;  56 Del. Laws, c. 292, §  4;  71 Del. Laws, c. 180, §  18;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter I. System of Free Public Schools › § 208. Digital recording of board meetings.

§ 208. Digital recording of board meetings.
All boards of education of public school districts, vocational-technical high school districts, and all boards of directors of charter schools shall digitally record all of their public meetings and shall make the recordings available to the public on the districts' or charter schools' websites within 7 business days of each meeting. These recordings shall remain available on the website for at least 1 year after their posting on the website. These recordings are not official board minutes, but are a means to enhance communication to the public and to state legislators. The requirements of this section do not apply to board executive sessions, or workshops and retreats where no voting will take place.
80 Del. Laws, c. 244, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter II. Neighborhood Schools › § 220. Purpose.

§ 220. Purpose.
It is the intent and purpose of the General Assembly through this subchapter to establish and implement a plan for neighborhood schools in Northern New Castle County that is fair and equitable to all affected children in New Castle County.
72 Del. Laws, c. 287, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 2. THE PUBLIC SCHOOL SYSTEM › Subchapter II. Neighborhood Schools › § 221. Definitions.

§ 221. Definitions.
(1) “Committee” means the Wilmington Neighborhood Schools Committee.
(2) “District” or “districts” means Brandywine School District, Colonial School District, Christina School District and/or Red Clay Consolidated School District, either jointly or severally, as context indicates.
(3) “Plan” means a Neighborhood School Plan.
72 Del. Laws, c. 287, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 301. Purpose and intent.

§ 301. Purpose and intent.
(a) The purpose of the Delaware Interscholastic Athletic Association is to do all of the following:
(1) Preserve and promote the educational significance of interscholastic athletics.
(2) Ensure that interscholastic sports remain compatible with the educational mission of the member schools.
(3) Provide for fair competition among member schools.
(4) Promote sportsmanship and ethical behavior.
(5) Establish and enforce standards of conduct for athletes, coaches, administrators, officials, and spectators.
(6) Protect the physical well-being of athletes.
(7) Promote healthy adolescent lifestyles.
(b) The General Assembly intends for the Delaware Interscholastic Athletic Association to work in consultation and cooperation with the Department of Education toward full implementation of this chapter.
73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 302. Definitions.

§ 302. Definitions.
As used in this chapter:
(1) “Association” means the Delaware Interscholastic Athletic Association.
(2) “Board” means the Board of Directors of the Delaware Interscholastic Athletic Association.
(3) “Department” means the Delaware Department of Education.
(4) “Health-care provider” means a licensed physician (doctor of medicine or doctor of osteopathic medicine), a physician assistant, or an advanced practice registered nurse, who is trained and experienced in the evaluation, management, and care of concussions, or such other licensed health-care professional who is trained and experienced in the evaluation, management, and care of concussions.
(5) “Member school” means a full or associate member school of the Association.
(6) “Secretary” means the Secretary of the Delaware Department of Education.
(7) “State Board” means the State Board of Education.
73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 2;  84 Del. Laws, c. 217, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 304. Other duties, powers, and authority.

§ 304. Other duties, powers, and authority.
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 the Department's regulations made under this section, and conduct hearings and take action on requests for a waiver of the regulations.
(6) Establish the fee for officiating a contest or competition.
73 Del. Laws, c. 374, §  3;  81 Del. Laws, c. 329, § 1;  83 Del. Laws, c. 518, § 4;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 306. Quorum and voting.

§ 306. Quorum and voting.
(a) The number of board members who must be present in order to have a quorum and conduct business is the majority of appointed members. A vacancy on the Board is not counted to determine whether quorum is met.
(b) An affirmative vote of a majority of board members is required to approve an act of the Board. A vacancy on the Board is not counted for approval of an act of the Board.
73 Del. Laws, c. 374, §  3;  76 Del. Laws, c. 247, §  10;  83 Del. Laws, c. 518, § 6;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 307. Chair; administration.

§ 307. Chair; administration.
(a) The Board shall elect annually from its members a chair, vice-chair, and, as the Board deems necessary, other officers. In the event of a vacancy in 1 of the officers, the Board shall elect a replacement at its next meeting or a meeting called for that purpose.
(b) The Board shall select for hire an Executive Director to work in collaboration with the Department. The Executive Director is an employee of the Department and receives compensation commensurate with the Department salary scale at the education associate level.
(c) The Department shall provide an administrative assistant or equivalent to staff the Association. The administrative assistant shall receive compensation commensurate with the Department salary scales and be evaluated according to Department policies and procedures. The Department shall provide other staff to the Association as provided in the budget.
(d) The Executive Director must become a bona fide resident of the State within 6 months following the Executive Director's date of hire.
73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 7;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 308. Meetings of the Board.

§ 308. Meetings of the Board.
(a) The Board shall hold regularly scheduled meetings at least once per month and at other times as the chair deems necessary or at the request of a majority of the board members.
(b) The Board shall meet at a place within the State as it may determine. The place for each meeting must be determined prior to giving notice of the meeting.
(c) Notice of each board meeting must meet the requirements of Chapter 100 of Title 29.
(d) Each board meeting and hearing must be open to the public under Chapter 100 of Title 29.
(e) (1) Minutes of each board meeting must meet the requirements of Chapter 100 of Title 29 and the Association shall maintain copies at the offices of the Department.
(2) At a hearing in which evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript incurs the expense of preparing the transcript.
(f) [Repealed.]
73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 8;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 309. Secretary; powers and duties.

§ 309. Secretary; powers and duties.
The Association is a unit of the Department. The Secretary shall promulgate regulations necessary to establish the Association as a unit of the Department.
73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 9;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 310. The Interscholastic Athletic Fund: payment of expenses; deposits of receipt.

§ 310. The Interscholastic Athletic Fund:
payment of expenses; deposits of receipt.
(a) The expenses of the Association are paid from the Interscholastic Athletic Fund, a special fund created to fund this chapter. An appropriation that the General Assembly makes to the Department for the Association must be allocated to this fund. This fund is interest bearing.
(b) The Association may receive state appropriations, federal moneys, membership dues, tournament revenues, fees, fines, official dues, merchandising and licensing revenue, interest, and event, professional development, and scholarship sponsorships.
(c) The Association may establish special fund accounts to track revenue. A special fund account must be interest bearing and may not subject to reversion. The Association is exempt from the state bid law.
(d) The Association may not operate an account outside of the state accounting system.
(e) The Interscholastic Athletic Fund or a special fund account under this section must be utilized to support the activities and operations of Delaware interscholastic athletics and may include the purchase of general liability insurance as it relates to the rental of non-state-owned venues for sponsored events, including tournaments.
(f) The expenditure of funds from the Interscholastic Athletic Fund must be in accordance with the Division of Accounting budget and accounting procedures.
73 Del. Laws, c. 374, §  3;  80 Del. Laws, c. 298, § 302;  83 Del. Laws, c. 518, § 10;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 311. Annual report.

§ 311. Annual report.
The Board, in consultation and cooperation with the Department, shall submit an annual report to the Governor, the General Assembly, and the Director and Librarian of the Division of Research of Legislative Council on or before January 31 each year.
73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 11;
2023 Delaware Code › Title 14 - Education › Chapter 3. DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION › § 312. Board decision and appeal; State Board's duties.

§ 312. Board decision and appeal; State Board's duties.
(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter, or a waiver of the ineligibility under § 410(a) of this title.
(b) The Board shall issue in writing its decision in a controversy involving a waiver within 20 days from the date of hearing.
(c) A party to a controversy may appeal the Board's decision to the State Board by doing all of the following:
(1) Stating the party's grievance in a petition.
(2) Ensure that the petition is served on the Association's executive director by certified or registered mail within 30 days after receiving notice of the decision.
(d) The State Board shall do all of the following;
(1) Rule on each appeal under this section.
(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.
(3) Overturn the Board's decision only if the State Board finds that the Board's decision was not supported by substantial evidence or was arbitrary or capricious.
73 Del. Laws, c. 374, §  3;  81 Del. Laws, c. 72, § 1;  83 Del. Laws, c. 518, § 12;