reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1076. Voting machines; election supplies; cost.

§ 1076. Voting machines; election supplies; cost.
(a) School elections shall be conducted by the use of voting machines.
(b) The Department of Elections conducting the election shall cause to appear on the machines next to the appropriate selection device the following:
(1) For the election of school board members, the names of all filed candidates shall be listed alphabetically without political party designation.
(2) For consolidation, division or change of boundaries of reorganized school districts the voting machine shall briefly state the question and provide for voting for or against the proposal, with such words:
For the proposal
Against the proposal
(3) For elections conducted in accordance with Chapter 19, 20 or 21 of this title the appropriate selection language.
(c) The Department of Elections conducting the election shall supervise the setting for the machines to denote the choices indicated in subsection (b) of this section and shall in advance of the date of the election instruct the designated election officers in the proper use of the machines.
(d) The needed election supplies shall be provided by the Department of Elections conducting the election.
(e) The cost of necessary election supplies shall be paid by the Department of Elections conducting the election.
(f) Any reorganized school district shall use voting machines and the appropriate department of elections shall pay the transportation for the voting machines and other necessary charges for the use of such voting machines. While conducting an election or referendum for any public school district, the district may not charge rent or custodial fees associated with the use of its space. Sufficient heat, when needed to maintain a minimum 68 degree Fahrenheit temperature for such facilities, shall be provided for the conduct of an election or referendum. For the clarification of county department of elections' costs relating to public school district elections, Smyrna School District and Milford School District elections will be conducted by the Kent County Department of Elections and Woodbridge School District elections will be conducted by the Sussex County Department of Elections.
(g) In case of an election for the consolidation, division or change of boundaries of a reorganized school district, all preparation for and cost of the election shall be borne by the department of elections that conducts said election or elections.
14 Del. C. 1953, §  1076;  56 Del. Laws, c. 292, §  6;  66 Del. Laws, c. 359, §  3;  70 Del. Laws, c. 515, §§  1-4, 7, 30;  73 Del. Laws, c. 312, §  233;  73 Del. Laws, c. 321, §§  1, 325;  74 Del. Laws, c. 122, §§  18-24;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1077. Qualified voters.

§ 1077. Qualified voters.
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. 1953, §  1077;  56 Del. Laws, c. 292, §  6;  58 Del. Laws, c. 411;  68 Del. Laws, c. 220, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1078. Determination of qualifications of the voter.

§ 1078. Determination of qualifications of the voter.
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. 1953, §  1078;  56 Del. Laws, c. 292, §  6;  59 Del. Laws, c. 231, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 515, §§  8, 9;  71 Del. Laws, c. 446, §  1;  74 Del. Laws, c. 122, §§  25, 26;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1079. Bribery.

§ 1079. Bribery.
(a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for giving or withholding or in any manner influencing the giving or withholding a vote at any public school election, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the oath or affirmation as provided for in § 4940 of Title 15.
(b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereon shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section shall be competent evidence in any proceeding against the party making the same.
74 Del. Laws, c. 122, §  27;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1080. Method of voting.

§ 1080. Method of voting.
(a) For the election of school board members, a voter shall not vote for more candidates than there are school board memberships to be filled in the election. If only 1 school board member is to be elected, a voter shall vote for only 1 candidate. The voter shall place a mark in the square after the name of the candidate or candidates for whom the voter desires to vote, or, in the case where a voting machine is used, take the appropriate action on the machine as described in the posted instructions for the operation of said machine.
(b) For the consolidation, division or change of boundaries of a reorganized school district, the voter shall place a mark in the square after the item that expresses that voter's choice, or, in the case where a voting machine is used, take the appropriate action on the voting machine as described in the posted instructions for the operation of said machine.
(c) The voter expresses the voter's own intent on an absentee ballot as follows:
(1) Making a distinct mark in the square provided to the right of the name of the candidate or response to a question.
(2) If the voter indicates the voter's own choice in a manner other than the manner specified in paragraph (c)(1) of this section the election officers shall attempt to determine the intent of the voter. If it is not possible to determine a voter's choice for an office or response to a question, the ballot shall not be counted for that office or question but shall be counted for all other offices and questions on the ballot where the voter's intent can be determined.
(3) If a ballot is marked for more names or responses than are permitted, it shall not be counted for that office or question but shall be counted for all other offices or questions on the ballot.
(4) If a ballot has been defaced or torn by a voter so that it is impossible to determine the voters choice for 1 or more offices or questions, it shall not be counted for such offices or questions but shall be counted for all other offices and questions on the ballot.
14 Del. C. 1953, §  1080;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 122, §  28;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1081. Official record.

§ 1081. Official record.
(a) The Commissioner of Elections, in consultation with the county Departments of Elections, shall promulgate a Voter Eligibility Affidavit for Public School Elections that all voters in public school elections shall complete before voting. The aforesaid affidavit shall be printed as a 1-part form. The Commissioner of Elections and the county Departments of Elections shall at least once every 2 years meet to review the Voter Eligibility Affidavit for Public School Elections. Upon approval of a new version of the affidavit, existing supplies of affidavits shall be used until exhausted.
(b) As soon as possible after the close of a public school election the Department of Elections conducting the election shall check for persons who voted more than once by putting the completed Voter Eligibility Affidavits for Public School Elections into alphabetic order. The department shall refer any instances of persons voting more than once in a public school election to the Attorney General.
(c) The Department of Elections conducting the election shall make the affidavits available to the respective school district upon request and at no cost. The Department may satisfy this requirement by providing a copy of the affidavits to the school district. School districts that receive affidavits from a department shall return them to the Department no later than 90 days after receiving them.
(d) The affidavits and all other records of a public school election shall be retained for 5 years and then destroyed.
74 Del. Laws, c. 122, §  29;  75 Del. Laws, c. 108, §  1;  77 Del. Laws, c. 226, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1082. Procedure at the polling place.

§ 1082. Procedure at the polling place.
(a) Upon arriving at a polling place, a person shall complete a Voter Eligibility Affidavit for Public School Elections attesting to the voter's eligibility to vote in the public school election and then present the aforesaid affidavit and proof of the voter's identity and address as required in § 1078 of this title to an election officer.
(b) Upon being presented an affidavit and proof of the voter's identity by a person, the election officer shall then legibly print the name of the person onto a poll list, determine whether or not the person is eligible to vote in the election, and then annotate the affidavit as to whether or not the person shall be permitted to vote. If the person does not offer reasonable proof of identity and address as required in this section, the person may be permitted to vote by majority vote of the inspector and both judges. Poll lists created as required above shall be retained by the Department of Elections that conducted the election for 1 year following the day of the election. At the end of the aforesaid year, the poll lists shall be destroyed.
(c) If the election officer determines that the person is not eligible to vote in the election, the election officer shall refer the person to the inspector and both judges. The inspector and both judges after hearing and considering evidence shall by majority vote determine whether or not to permit the person to vote. Upon making the decision, the inspector shall appropriately annotate the affidavit and poll list. If the person is not permitted to vote, the inspector shall direct the person to depart the polling place and then the inspector shall file the affidavit in the appropriate place.
(d) If a person's eligibility to vote is challenged by anyone for any reason, the inspector and both judges shall immediately hear and consider the evidence and then by majority vote decide whether or not the person is eligible to vote. Once the inspector and both judges have made their decision, there is no appeal at the polling place. The person shall either be permitted to vote, or shall not be permitted to vote and directed to depart the polling place. A person who has not been permitted to vote may appeal the decision of the inspector and both judges to the county director or, in the county director's absence, to the deputy county director for the Department of Elections conducting the election.
(e) Upon hearing the evidence of an appeal by a voter, the county director or deputy county director for the Department of Elections conducting the election shall rule on the appeal. A person whose appeal is successful shall be permitted to vote at the polling place or by absentee ballot at the Department of Elections conducting the election.
14 Del. C. 1953, §  1082;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 515, §  12;  74 Del. Laws, c. 122, §  30;  81 Del. Laws, c. 79, § 18;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1084. Certificate of election; type and form; preservation of records.

§ 1084. Certificate of election; type and form; preservation of records.
(a) The type and form of the certificate of election and all other school election documents shall be determined by the Commissioner of Elections, in consultation with the county Departments of Elections, and shall be uniform throughout the State.
(b) The several departments of elections shall have and retain custody of all books, maps, forms, oaths of office and of removal, blanks, instructions and all other records and supplies of every kind or description pertaining to any school election conducted by the respective department for 1 year following the close of the election.
14 Del. C. 1953, §  1084;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 515, §§  14-16;  74 Del. Laws, c. 122, §  35;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1085. Penalty for illegal voting in school elections.

§ 1085. Penalty for illegal voting in school elections.
Whoever votes at any school election, including elections pursuant to Chapters 19, 20 and 21 of this title, without possessing the qualifications prescribed by this subchapter, or having once voted, votes or attempts to vote or offers to vote again, or violates any of the other provisions of this subchapter or Chapter 19, 20 or 21 of this title shall, for each offense, be fined or imprisoned, or both, in accordance with the regular elections laws of this State.
14 Del. C. 1953, §  1085;  56 Del. Laws, c. 292, §  6;  77 Del. Laws, c. 226, §  7;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1087. Electioneering.

§ 1087. Electioneering.
Electioneering as described in § 4942 of Title 15 is prohibited in any public school election.
74 Del. Laws, c. 122, §  38;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1088. Persons permitted in the voting room.

§ 1088. Persons permitted in the voting room.
(a) No persons, other than members or employees of the Department of Elections conducting the election who shall be identified by a badge issued by that Department of Elections, the Commissioner of Elections and/or employees of the Office of the Commissioner of Elections who shall be identified by a badge issued by the Commissioner of Elections, appointed election officers, authorized challengers in accordance with § 1089 of this title, or persons voting or waiting to vote, shall be admitted within the voting room. Other persons necessary to the conduct of the election may be admitted within the voting room or within 50 feet of the entrance thereof upon first obtaining consent from the inspector, except as provided in subsection (b) of this section.
(b) Person or persons with other business within the building in which a polling place for a public school election is located may pass through the polling place area or by the room in which the polling place is located so as not to interfere with the conduct of the election. Such person or persons shall not loiter within 50 feet of the polling place, talk to any person or persons waiting to vote, promote any candidate or side to an issue, or in any other manner interfere with voters or disrupt the polling place. The inspector shall take those steps necessary to maintain order within the polling place as well as enforce § 1087 of this title and subsection (a) of this section.
(c) A voter may be accompanied by 1 or more children not more than 16 years of age. Any challenge to the age of any child shall be resolved by the voter signing an affidavit certifying that the child in question is not more than 16 years of age.
74 Del. Laws, c. 122, §  39;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter V. Staffing of Reorganized School Districts › § 1091. Superintendent of schools.

§ 1091. Superintendent of schools.
The school board of each reorganized school district shall appoint as the chief school officer for that district a superintendent of schools who shall also serve as executive secretary to the school board.
14 Del. C. 1953, §  1091;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter V. Staffing of Reorganized School Districts › § 1092. Employee qualifications.

§ 1092. Employee qualifications.
Every employee of a reorganized school district must meet standards for qualification as adopted by the Professional Standards Board and the State Board of Education pursuant to § 1203 of this title, and be certified or otherwise licensed in accordance with these standards in order to be placed on the official payroll of the reorganized school district.
14 Del. C. 1953, §  1092;  56 Del. Laws, c. 292, §  6;  58 Del. Laws, c. 262, §  1;  71 Del. Laws, c. 180, §  54;  72 Del. Laws, c. 294, §  50;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter V. Staffing of Reorganized School Districts › § 1093. State salary schedules.

§ 1093. State salary schedules.
The state salaries for the several categories of school employees shall be in accordance with salary schedules set forth in this title except that no such schedule shall prevent a school district from increasing those salaries by the amount of a supplement appropriately provided by the local school district including Division III state funds, and from funds other than those appropriated by this State.
14 Del. C. 1953, §  1093;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter V. Staffing of Reorganized School Districts › § 1094. School employee contract; dismissal or suspension.

§ 1094. School employee contract; dismissal or suspension.
(a) The contract with school employees shall be a contract drawn on a form approved by the Department of Education and shall be a state school employee contract that shall be executed by the reorganized school district board. One copy of the contract shall be delivered to the employee, and 1 copy shall be made part of the permanent file of the school district.
(b) A school employee may be dismissed or suspended from that employee's duties in accordance with Chapter 14 of this title.
14 Del. C. 1953, §  1094;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  55;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter VI. Indemnity › § 1095. Liability of local school districts for costs in actions against members of board or employees thereof.

§ 1095. Liability of local school districts for costs in actions against members of board or employees thereof.
Whenever a civil action has been or shall be brought against any person for any act or omission arising out of and in the course of the performance of that person's duties as a member of a board of education, principal, assistant principal, superintendent, assistant superintendent or professional employee, including a teacher, the board of education of that school district shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; provided, however, the board of education shall not be responsible for the payment of punitive damages nor damages attributable to intentional acts or the gross negligence of such person. Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses. The State shall not be liable for such financial obligation incurred by a local school district.
64 Del. Laws, c. 280, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1101. Purpose.

§ 1101. Purpose.
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.
64 Del. Laws, c. 341, §  1;  71 Del. Laws, c. 180, §  56;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1102. Appropriation.

§ 1102. Appropriation.
The Department of Education may authorize, from the amount appropriated in the Budget Appropriation Bill for the purpose of enhancing professional development, an amount to be allocated for the purpose of establishing and maintaining programs to strengthen programs in those areas which the Department of Education with the approval of the State Board of Education designates as critical curriculum areas.
64 Del. Laws, c. 341, §  1;  68 Del. Laws, c. 84, §  205;  71 Del. Laws, c. 180, §  57;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1103. Rules and regulations.

§ 1103. Rules and regulations.
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.
64 Del. Laws, c. 341, §  1;  71 Del. Laws, c. 180, §  58;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1104. Academic year program to meet certification requirements in critical curricular area.

§ 1104. Academic year program to meet certification requirements in critical curricular area.
The Department of Education with State Board approval may provide an ongoing program specifically designed to meet certification requirements for a teacher in the State in a critical curricular area and may include, but not be limited to, reimbursement for tuition, programs, textbooks or travel. The part-time program may be offered during the regular school year. The Department of Education with State Board approval shall provide rules and regulations for the conduct of the program.
64 Del. Laws, c. 341, §  1;  68 Del. Laws, c. 84, §§  206, 207;  71 Del. Laws, c. 180, §  59;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1105. Summer inservice program.

§ 1105. Summer inservice program.
The Department of Education with State Board approval may provide for a summer program for Delaware teachers who are available to teach but who do not hold school certification in a critical curricular area. The Department of Education with State Board approval shall establish rules and regulations for the conduct of this program.
64 Del. Laws, c. 341, §  1;  68 Del. Laws, c. 84, §  208;  71 Del. Laws, c. 180, §  59;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1106. Teacher Scholarship Loan Program.

§ 1106. Teacher Scholarship Loan Program.
The Department of Education with State Board approval may provide a Teacher Scholarship Loan Program. This Program shall be designed to help a teacher obtain certification in Delaware in a critical curriculum area by attending an institution of higher education on a full-time basis. The Department of Education with State Board approval shall establish rules and regulations for the conduct of this Program that shall include at least the following:
(1) Candidates selected must have taught in a Delaware public elementary or secondary school for at least 1 year prior to the year in which the scholarship is to be used.
(2) A teacher participating in this Loan Program shall execute a promissory note, in the amount of the loan, to the State Treasurer. This note shall be forgiven at a rate of 1/3 of the loan for each of 3 years of teaching in a Delaware public school after completion of the study authorized. In any year that the teacher fails to meet the teaching obligation, the loan shall be due and payable for the unpaid balance.
(3) Such loan shall be interest free to persons who meet the teaching obligation.
(4) Necessary repayment procedures and interest requirements for persons who do not teach, or do not complete their teacher obligation as provided in paragraph (2) of this section, shall be established by the Department of Education with State Board approval.
(5) A teacher to whom a loan is granted shall also be paid during the year of study 1 year's salary and benefits based upon the prescribed state salary schedule for 185 teaching days as found in Chapter 13 of this title. A teacher to whom such a loan is granted may be granted a leave of absence by a school district upon agreement that the teacher will return to that district for assignment upon completion of the year of study. In the case of such leave of absence, nothing herein contained shall prevent the school district from providing local salary supplement and other district benefits.
(6) The amount of the loan will be determined by the Department of Education with State Board approval and may be applied to the cost of tuition, books and supplies for instruction at the institution in which the teacher is to be enrolled.
64 Del. Laws, c. 341, §  1;  68 Del. Laws, c. 84, §  209;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  59;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1107. Program for persons lacking teaching certification.

§ 1107. Program for persons lacking teaching certification.
The Department of Education with State Board approval may provide a program of training for persons who can present graduate or undergraduate degrees at or above the level of bachelor and who are interested in teaching in a field that has been declared a critical curricular area, but who lack the certificate requirements for teaching in that field. Such a program shall include reimbursement for tuition for any necessary training to obtain certification as determined by the Department of Education with State Board approval.
64 Del. Laws, c. 341, §  1;  68 Del. Laws, c. 84, §  209;  71 Del. Laws, c. 180, §  59;
2023 Delaware Code › Title 14 - Education › Chapter 11. RECRUITING AND TRAINING OF PROFESSIONAL EDUCATORS FOR CRITICAL CURRICULAR AREAS › § 1108. Student Loan Program.

§ 1108. Student Loan Program.
(a) The Department of Education with State Board approval may provide a Student Loan Program and shall make rules and regulations for the conduct of this Program to include at least the following:
(1) The candidate for a loan must have been admitted to an accredited institution of higher learning in a program that will result in training and certification in Delaware as a teacher in a critical curricular area designated by the Department of Education with State Board approval;
(2) The recipient of any such loan shall execute a promissory note in the amount of the loan to the State Treasurer;
(3) The loan will be forgiven on the basis of 2 years of teaching as a certified teacher in an actual critical curricular area in a Delaware public elementary or secondary school for each year of college training;
(4) Such loan shall be interest free to persons who meet the teaching obligation;
(5) Necessary replacement procedures and interest requirements for persons who do not teach or fulfill the teaching obligation as provided in paragraph (a)(3) of this section shall be established by the Department of Education with State Board approval;
(6) The loan may be renewed from year to year through a 4-year training program, based upon the criteria adopted by the Department of Education with State Board approval;
(7) A student selected for such a program may attend any accredited college or university in the United States where the appropriate training will result in certification as a teacher in this State.
(b) A loan made pursuant to subsection (a) of this section may be forgiven by the Secretary of Education if the Secretary determines that the recipient is unable to meet that recipient's repayment obligation because of total and permanent disability or death. The Secretary may require such documents as the Secretary considers necessary to verify a claim of disability or death, including but not limited to a sworn affidavit from a qualified physician or a death certificate. Notwithstanding any provision to the contrary in this chapter, the Department of Education may promulgate rules and regulations to implement this subsection.
64 Del. Laws, c. 341, §  1;  68 Del. Laws, c. 84, §  209;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  59;  74 Del. Laws, c. 97, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter I. Professional Standards Board › § 1201. Purpose.

§ 1201. Purpose.
The purpose of this chapter is to establish a system of professional development, professional standards, licensure, certification and evaluation that serves to continually improve the quality of instruction for Delaware's children so that they are equipped to work and succeed in an ever-changing and increasingly complex global economy. The General Assembly finds that a rigorous system of licensure, certification, professional development and evaluation designed to support improved student achievement, together with an expansion of the salary system to include compensation for skills and knowledge, will serve to improve the quality of the Delaware educator workforce and to improve student performance. All educators must be licensed, certified and evaluated in accordance with this chapter. To develop this system and to ensure that its purposes are achieved, the General Assembly creates the Delaware Professional Standards Board to work in conjunction with the Department of Education and the State Board of Education toward the full implementation of this chapter.
72 Del. Laws, c. 294, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter I. Professional Standards Board › § 1202. Definitions.

§ 1202. Definitions.
The following definitions apply to this chapter:
(1) “ARTC program” means an alternative routes for teacher licensure and certification program.
(2) “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.
(3) “Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status.
(4) “Delaware Performance Appraisal System II” (DPAS II) means the evaluation developed and conducted pursuant to this chapter.
(5) “Department” means the Delaware Department of Education.
(6) “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.
(7) “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.
(8) “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.
(9) “License” means a credential which authorizes the holder to engage in the practice for which the license is issued.
(10) “Paraprofessional” means a public school employee covered by § 1324 of this title.
(11) “Secretary” means the Secretary of the Delaware Department of Education.
(12) “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.
(13) “Standards Board” means the Professional Standards Board established pursuant to this chapter.
(14) “State Board” means the State Board of Education of the State pursuant to § 104 of this title.
72 Del. Laws, c. 294, §  2;  75 Del. Laws, c. 77, §§  2, 3;  81 Del. Laws, c. 202, § 2;  81 Del. Laws, c. 282, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter I. Professional Standards Board › § 1203. Rules and regulations.

§ 1203. Rules and regulations.
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.
72 Del. Laws, c. 294, §  2;  74 Del. Laws, c. 13, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter I. Professional Standards Board › § 1205. Professional Standards Board.

§ 1205. Professional Standards Board.
(a) Recognizing that well-prepared, effective educators are critical to our students' success and that those entrusted with the achievement of our students should have a voice in the development of policies that affect their profession, there is hereby established the Professional Standards Board. The intent of the General Assembly is that the Standards Board and the Department work in close coordination and collaboration to fully and effectively implement the purposes of this chapter. To this end, the Standards Board shall file reports on January 1, April 1, July 1, and October 1 of each calendar year with the General Assembly, the Governor, the State Board and the Department.
(b) The Standards Board shall develop rules and regulations relating to educators' professional development, licensure requirements, certification requirements and paraprofessional qualifications and training. The Department shall implement the rules and regulations promulgated and adopted pursuant to this chapter relating to licensure and certification of educators and certification of evaluators, and as otherwise directed by rules and regulations developed under this chapter.
72 Del. Laws, c. 294, §§  2, 61;  74 Del. Laws, c. 13, §§  2, 23;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1211. Tier Two — Continuing licensure.

§ 1211. Tier Two — Continuing licensure.
(a) A continuing license is valid for 5 years unless extended under § 1216 of this title or revoked.
(b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator has successfully completed the requirements of § 1210 of this title and has not received more than 1 unsatisfactory annual evaluation, as defined by a State of Delaware approved educator evaluation system, during the period of initial licensure.
(c) Under the rules and regulations promulgated and adopted under this chapter, the Department may issue a continuing license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware continuing license that has since expired. An applicant under this subsection must have completed 4 or more years of successful experience as an educator to be issued a continuing license. For purposes of this subsection, “educator” means a person licensed in another jurisdiction to engage in the practice of instruction, administration, or other related professional support services in public schools or a person who was an educator as defined in § 1202 of this title and previously held a valid Delaware continuing license that has since expired.
(d) Notwithstanding subsection (b) of this section, the Department may issue a continuing license to an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor, completes at least 4 years working as a Junior Reserve Officer Training Corps instructor in a school, and applies for a continuing license before July 1, 2024.
72 Del. Laws, c. 294, §  2;  74 Del. Laws, c. 14, §  4;  75 Del. Laws, c. 77, §  6;  80 Del. Laws, c. 297, § 1;  81 Del. Laws, c. 43, § 1;  83 Del. Laws, c. 79, § 2;  84 Del. Laws, c. 151, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1212. Continuing licensure — Renewal.

§ 1212. Continuing licensure — Renewal.
(a) Upon application, the Department shall renew a continuing license for an additional 5-year term if the educator has completed 90 clock-hours of approved professional development, as well as other professional development and mentoring requirements as required by the rules and regulations promulgated and adopted under this chapter.
(b) For the purpose of this section, “clock-hour” means actual time spent in professional development, not credit hours.
(c) The Standards Board shall review the professional development requirements of this section on an ongoing basis for the purpose of proposing regulations that modify the minimum requirements of this section and that improve the effectiveness of professional development.
(d) The Department shall ensure that a variety of opportunities for professional development are available across different modes that meet a high standard of quality, including evidence-based programs.
72 Del. Laws, c. 294, §  2;  72 Del. Laws, c. 295, §  1;  81 Del. Laws, c. 43, § 1;  83 Del. Laws, c. 79, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1213. Tier Three — Advanced licensure.

§ 1213. Tier Three — Advanced licensure.
An advanced license is valid for up to 10 years unless extended pursuant to § 1216 of this title or revoked. Upon application, the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards certification. The term of the advanced license shall be the same as the balance of the term of the educator's National Board for Professional Teaching Standards certification. The Department may also issue an advanced license to an educator who, upon application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated and adopted under this chapter.
72 Del. Laws, c. 294, §  2;  75 Del. Laws, c. 77, §§  7, 8;  80 Del. Laws, c. 297, § 1;  81 Del. Laws, c. 43, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1214. Advanced licensure — Renewal.

§ 1214. Advanced licensure — Renewal.
Upon application, the Department shall renew an advanced license for an additional 10-year term, provided that the educator maintained proficiency under the program for which the advanced license was first issued.
72 Del. Laws, c. 294, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1215. Licensure of educators holding professional status certificates or other certificates.

§ 1215. Licensure of educators holding professional status certificates or other certificates.
The Department shall issue a continuing license to a person holding a Delaware certificate issued by an education certifying board prior to July 13, 1971, or upon the expiration of a professional status certificate or standard certificate issued by the Department. Upon application, the Department shall issue an advanced license to a person holding current National Board for Professional Teaching Standards certification and a current Delaware certificate as of May 3, 2000.
72 Del. Laws, c. 294, §  2;  74 Del. Laws, c. 14, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1217. Denial of licenses.

§ 1217. Denial of licenses.
(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant's application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and (b) of this title.
(b) The Department shall not take action to deny a license under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.
(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony.
(d) The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations.
72 Del. Laws, c. 294, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 268, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1218B. Nondisciplinary letter of concern

§ 1218B. Nondisciplinary letter of concern
(a) If the Secretary determines after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person is made aware of the concern, the Secretary may issue a nondisciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person licensed or certified receives a total of 3 letters of concern pursuant to this section addressing the same or substantially similar conduct, the Secretary may reasonably impose any of the restrictions of § 1218(m)(3) of this title in order to protect the health, safety, or welfare of the person's current or prospective students.
81 Del. Laws, c. 317, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS › Subchapter II. Three-Tiered Licensure System › § 1219. Disclosure.

§ 1219. Disclosure.
Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant for a license under this chapter to disclose that applicant's own criminal conviction history. Failure to disclose a criminal conviction history pursuant to this section is grounds for denial of a license under § 1217 of this title, revocation of a license under § 1218 of this title, and/or criminal prosecution under subchapter VI (Criminal Background Check for Public School Related Employment) of Chapter 85 of Title 11 until April 7, 2016, and effective on April 7, 2016, subchapter I of Chapter 3 of Title 31.
72 Del. Laws, c. 294, §  2;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 297, § 1;