reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2103. Temporary use of funds.

§ 2103. Temporary use of funds.
The school board of any district may advance funds which by law may be used only for stated purposes and which are not immediately required for the purpose or purposes for which the same were raised, or otherwise made available for the purpose or purposes for which an issue of bonds has been authorized. Suitable records shall be kept of the temporary diversion of such funds. Such funds shall be made again available to the district from the proceeds of such bonds, or from the proceeds of the sale of bond anticipation notes issued in anticipation of the sale of such bonds.
14 Del. C. 1953, §  2102A;  57 Del. Laws, c. 636, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2104. Faith and credit of district; exemption of bonds from taxation.

§ 2104. Faith and credit of district; exemption of bonds from taxation.
The faith and credit of the district which issues bonds under this chapter is hereby expressly pledged for the full and complete payment of the principal of and interest on any bonds authorized to be issued under this chapter, and the said bonds shall be exempt from taxation, with respect to both principal and interest, by the State or any political subdivision thereof for any purpose.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2718;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  1;  14 Del. C. 1953, §  2103;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2105. Validity of bonds; incontestability.

§ 2105. Validity of bonds; incontestability.
When any bonds shall be sold and delivered pursuant to this chapter, the certification by the Department of Elections conducting the election pursuant to § 1083(d)(2) of this title and the certification by the school board of the district issuing such bonds that the bonds have been issued in due compliance with this chapter shall be conclusive upon the district and all and every other person whatsoever of the right, power and authority for the issuance of said bonds and the legality and validity thereof and of the principal debt and interest represented thereby, and the legality and validity of such bonds shall thereafter not be subject to question in any court by the district or by any person for or on its behalf, and this provision shall be and become part of the contract and obligation represented by each such bond.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2718;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  1;  14 Del. C. 1953, §  2104;  71 Del. Laws, c. 180, §  125;  74 Del. Laws, c. 122, §  49;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2106. Procedure governing sale of bonds to State.

§ 2106. Procedure governing sale of bonds to State.
The school board of any district, with the exception of the Board of Public Education in Wilmington, shall sell any bonds to be issued pursuant to the authority contained in this chapter or pursuant to any other provision of law to the State at private sale. The State may require that the validity of the bonds be approved by the Attorney General or the Attorney General's designate. The board shall cause a complete record of the proceedings taken in relation to the issuance of the bonds to be made and kept with the other records of the board, and shall cause a duplicate of such record to be made and filed with the Department of Education.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §§  2718, 2719;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §§  1, 2;  14 Del. C. 1953, §  2105;  58 Del. Laws, c. 315, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  124;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2107. Limitation on amount of bonds that may be issued.

§ 2107. Limitation on amount of bonds that may be issued.
A school board shall not issue bonds, except for the purpose of refunding outstanding bonds, in an amount which would cause the aggregate amount of bonded debt of the district, less the amount of sinking funds on hand for the payment of such bonded debt, to exceed 10% of the assessed value of the real property in the district or in the case of Sussex County school districts, 10% of 50% of the full market value of real estate, in Kent County school districts, 10% of 60% of the full market value of real estate; and in New Castle County school districts, 10% of 100% of the full market value of real estate, whichever is greater. For purposes of this section, the full market value of real estate shall be determined by the Assessment to Sales Ratio Study conducted annually by the Office of Management and Budget.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2719;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  2;  48 Del. Laws, c. 175, §  1;  14 Del. C. 1953, §  2106;  71 Del. Laws, c. 3, §  1;  75 Del. Laws, c. 88, §  21(7);
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2108. Terms and form of bonds.

§ 2108. Terms and form of bonds.
The bonds shall be in such denomination or denominations, in such form and shall bear such rate of interest as shall be determined by the State pursuant to § 7506 of Title 29; provided, however, that the school board of any district shall be consulted regarding the term of such bonds. The bonds shall bear interest from and after their date, payable semiannually on the days designated in the bonds. The bonds shall consist of a single bond registered as to both principal and interest with the principal thereof payable in installments and interest thereon payable semiannually. The amounts of principal payable and the dates on which such payments are due shall be noted on the bond form. The dates on which the interest is due shall also be noted on the bond form. Such bonds shall be payable in serial installments beginning not more than 1 year after the date of the bonds and ending not more than 20 years after such date; the amount of any installment payable in any 1 year, except the last year, shall be not less than 1/20 of the aggregate principal amount of the bonds of such issue.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §§  2719, 2720;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §§  2, 3;  14 Del. C. 1953, §  2107;  57 Del. Laws, c. 92, §  1;  58 Del. Laws, c. 315, §  2;  77 Del. Laws, c. 329, §  63;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2109. Designation, numbering and date of bonds.

§ 2109. Designation, numbering and date of bonds.
Any bonds issued pursuant to this chapter shall be designated by the name of the district issuing the bonds and the year in which the bonds are issued. The bonds shall be numbered consecutively and shall bear date as of the date approved by the school board of the district issuing the bonds. Each of the bonds shall be numbered consecutively and the coupons attached thereto shall bear the same number as the bond itself.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2720;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  3;  14 Del. C. 1953, §  2108;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2110. Place of payment of principal and interest.

§ 2110. Place of payment of principal and interest.
The principal of and interest on the bonds shall be payable at a state or national bank within or without the State designated by the issuing officers as that term is defined in § 7401 of Title 29.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2720;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  3;  14 Del. C. 1953, §  2109;  63 Del. Laws, c. 142, §  34;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2111. Signing and sealing bonds.

§ 2111. Signing and sealing bonds.
The bonds shall be signed by the president or chairperson and 1 other member of the school board. The school board may adopt a seal to be used in the execution of the bonds. The school board may, in lieu of the signatures required by this section, authorize by special resolution that the signatures of the persons required to sign the bonds may be engraved or facsimiles thereof printed or otherwise transcribed upon the bonds and when such engraved or facsimile signatures shall be so authorized and engraved, printed or otherwise impressed upon said bonds they shall have the same effect as written signatures of such persons. The coupons attached to said bonds shall bear upon their face the engraved or printed signature of the president or chairperson of the school board.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2720;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  3;  14 Del. C. 1953, §  2110;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2112. Temporary bonds.

§ 2112. Temporary bonds.
Until bonds in definite form can be prepared, the school board issuing the bonds may cause temporary bonds with appropriate coupons to be prepared which shall be executed and signed as provided in §§ 2108-2111 of this title, which said temporary bonds shall be exchangeable for definitive bonds at the request of the holder.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2720;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  3;  14 Del. C. 1953, §  2111;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2113. Cancellation and destruction of paid bonds and coupons.

§ 2113. Cancellation and destruction of paid bonds and coupons.
After any bonds issued under the authority of this chapter or the coupons annexed thereto shall have been paid, they shall be immediately cancelled, a record of payment shall be made and the bonds or coupons destroyed.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2721;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  4;  14 Del. C. 1953, §  2112;  52 Del. Laws, c. 64;  58 Del. Laws, c. 315, §  3;  63 Del. Laws, c. 142, §  35;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2114. Replacement of lost, destroyed or defaced bonds.

§ 2114. Replacement of lost, destroyed or defaced bonds.
The school board of any district may issue a new bond to replace an unmatured bond which has been lost, destroyed or defaced, upon the written request of the owner thereof, the owner's legal representatives, successors or assigns, and upon giving:
(1) Proof of ownership;
(2) Proof of loss or destruction, or, in the case of a defaced bond, the bond and coupons, if any;
(3) Adequate security to indemnify the district and the bank or banks at which the bond and coupons are payable against any loss that may be suffered on account of such replaced bond and coupons; and
(4) Payment of the cost of preparation of the new bond and coupons, if any.
Any new bond and coupons shall be executed by the officials (including, in the case of a school district, a member of the board of school trustees of the district) in office at the time of such replacement and shall bear the seal of the district. The coupons, if any, shall be signed by the facsimile of the signatures of the appropriate officers. There shall be endorsed on the new bond a statement in substantially the following form:
“This bond has been reissued to replace a lost, destroyed or defaced bond.”
The replacement shall be authorized by a resolution of the school board which shall set forth a copy of the written request of the owner, the owner's legal representatives, successors or assigns, and the designation, date, maturity, interest rate, denomination and number of the replaced bond.
14 Del. C. 1953, §  2112A;  57 Del. Laws, c. 280;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2115. Rules and regulations governing fiscal records pertaining to bonds.

§ 2115. Rules and regulations governing fiscal records pertaining to bonds.
The Permanent Budget Commission shall promulgate and enforce rules and regulations governing the fiscal records to be maintained by the State Treasurer and the districts pertaining to bonds of such districts and school bonds of the City of Wilmington.
Code 1935, §  2721A;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  5;  14 Del. C. 1953, §  2113;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2116. Taxing power of district.

§ 2116. Taxing power of district.
The authority to issue bonds shall be construed to be authority to provide funds for the payment of the interest and annual payments on such bonds, which without further authority shall be provided for by an additional tax levy on the property subject to taxation for county purposes in the district issuing such bonds and by a poll tax on all persons 21 years of age and upward, residing in the district, of such amount as shall be determined by the school board of the district.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2722;  14 Del. C. 1953, §  2114;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2117. Assessment list; objections; posting; hearing.

§ 2117. Assessment list; objections; posting; hearing.
The school board of the district in which the tax is to be levied under § 2116 of this title shall use the assessment list of the county in which that district is located, in order to determine all the taxables of the district, the property of each taxable and the assessed value thereof. Such list shall constitute the assessment list of the district for purposes of levying a tax under § 2116 of this title.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2722;  14 Del. C. 1953, §  2115;  51 Del. Laws, c. 240, §  16;  58 Del. Laws, c. 78, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2118. Assessment, levy and collection of taxes.

§ 2118. Assessment, levy and collection of taxes.
(a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the board of the district shall fix the rate of taxation plus 10 percent for delinquencies.
(b) The board shall execute and deliver its warrant, with a duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or counties wherein the district is situated.
(c) The receiver of taxes and county treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes.
(d) All money so collected shall be paid to the State Treasurer and shall be deposited by the State Treasurer in a separate account in the depository for other school moneys to the credit of the district.
(e) The Secretary of Finance is hereby authorized and directed to draw warrants or drafts on such fund in the amount of the principal of and interest on such bonds or other obligations as the same shall become due and payable, and to deposit such money, so drawn, to the credit of the General Fund of the State. Warrants or drafts on the said fund may also be drawn for the purpose of paying school construction costs as authorized by referenda pursuant to § 7507 [repealed] of Title 29.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  36 Del. Laws, c. 216, §§  1, 3;  37 Del. Laws, c. 195, §  1;  Code 1935, §  2723;  14 Del. C. 1953, §  2116;  50 Del. Laws, c. 80, §  1;  51 Del. Laws, c. 240, §  17;  58 Del. Laws, c. 315, §  4;  59 Del. Laws, c. 205, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2119. Report of tax collections and payment of collected taxes.

§ 2119. Report of tax collections and payment of collected taxes.
(a) Each receiver of taxes and county treasurer shall, on the first day of each month, make a report to the school board of the district for which the receiver or treasurer is collecting taxes, to the State Treasurer and the Department of Education of all taxes collected in the previous month.
(b) Each receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the State Treasurer all funds collected by that receiver of taxes or county treasurer for any district.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  36 Del. Laws, c. 216, §  2;  Code 1935, §  2724;  14 Del. C. 1953, §  2117;  51 Del. Laws, c. 240, §  18;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  124;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2120. Jurisdiction of justices of the peace.

§ 2120. Jurisdiction of justices of the peace.
Whoever, being a receiver of taxes and county treasurer of any county, or other person authorized to collect school taxes, or a member of any school board, fails, neglects or refuses to perform all or any of the duties imposed upon that person by this chapter shall be fined not less than $10 nor more than $100.
Justices of the peace shall have jurisdiction of offenses under this section.
36 Del. Laws, c. 216, §  4;  Code 1935, §  2724;  14 Del. C. 1953, §  2118;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2121. Authority to tax; scope of this chapter.

§ 2121. Authority to tax; scope of this chapter.
The board of education of any school district which has issued bonds under the authority of any former school law of this State shall levy and collect taxes to provide funds for the payment of the interest on the bonds and for the retirement of the bonds as they shall fall due. The provisions of this chapter relative to the assessment, the rate of taxation and the levy and collection of taxes, and the deposit of taxes collected, and the disbursement thereof, shall apply to the case of school districts which have issued bonds under any former law of this State which have not been paid in whole or in part both principal and interest.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2724;  14 Del. C. 1953, §  2119;  57 Del. Laws, c. 113.;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2122. Election to authorize bond issue; rules governing; referendum to transfer tax funds.

§ 2122. Election to authorize bond issue; rules governing; referendum to transfer tax funds.
(a) Before any school board issues bonds under this chapter, it shall call a special election.
(b) At any such special election every person qualified to vote under § 1077 of this title may vote, and §§ 1078 and 1085 of this title shall apply to such election.
(c) The polls must open at 7:
00 a.m. and must close at 8:
00 p.m., prevailing local time, on the day advertised.
(d) An election under this chapter for the purpose of authorizing a bond issue shall be conducted by use of voting machines. The wording on the voting machine shall include a statement of the question which accurately reflects the issue being voted for and against.
(e) An election under this chapter for the purpose of increasing the real estate tax rate under Chapter 19 of this title, while simultaneously decreasing the real estate tax rate under this chapter by the same amount, shall be by the use of voting machines. The wording on the voting machine shall include a statement of the question which accurately reflects the issue being voted for and against.
(f) There shall be not more than 2 such special elections held during any 12-month period.
(g) The Department of Elections conducting the election shall provide a sufficient number of voting machines necessary to carry out the election hereunder, and the cost of transportation of the voting machines and other necessary charges for use of the voting machines shall be borne by that Department of Elections.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2725;  14 Del. C. 1953, §  2120;  50 Del. Laws, c. 284, §  1;  51 Del. Laws, c. 232;  55 Del. Laws, c. 86, §  2;  56 Del. Laws, c. 292, §  28;  60 Del. Laws, c. 582, §§  2, 3;  62 Del. Laws, c. 25, §  2;  62 Del. Laws, c. 184, §§  4-6;  63 Del. Laws, c. 253, §  2;  64 Del. Laws, c. 255, §  3;  66 Del. Laws, c. 359, §  4;  67 Del. Laws, c. 243, §§  5, 9;  69 Del. Laws, c. 192, §  2;  74 Del. Laws, c. 122, §§  50-54;  76 Del. Laws, c. 138, §  6;  81 Del. Laws, c. 326, § 2;  82 Del. Laws, c. 5, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2123. Election results; publication of results.

§ 2123. Election results; publication of results.
(a) If at an election called under § 2122(a) of this title a majority of the vote cast shall be for the bond issue, then bonds to the amount voted upon shall be issued as provided for by this chapter, but if at such election a majority of the votes cast shall be against the bond issue, then the bond issue proposed shall not be made.
(b) Within 10 days of the certification of the results of the election in accordance with § 1083(a) of this title, the Department of Elections conducting the election shall declare the results of the election by an advertisement published on 2 consecutive days in at least 1 newspaper of the county with countywide circulation or a combination of newspapers whose circulation covers the area of the school district.
(c) The Department of Elections conducting the election shall make a certificate of the result of such vote which shall be filed and kept in the offices of that Department of Elections as a public record.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  38 Del. Laws, c. 139, §  1;  Code 1935, §  2726;  14 Del. C. 1953, §  2121;  71 Del. Laws, c. 180, §  126;  74 Del. Laws, c. 122, §  55;
2023 Delaware Code › Title 14 - Education › Chapter 21. LOCAL SCHOOL BONDS › § 2124. Purchase of land for school purposes.

§ 2124. Purchase of land for school purposes.
Nothing in this chapter shall prohibit any school board, with the prior approval of the Department of Education, from purchasing or from entering into contracts relating to the acquisition of lands for school purposes, if the school board shall have available to it funds for such purposes.
32 Del. Laws, c. 160, §  53;  34 Del. Laws, c. 173, §  1;  Code 1935, §  2727;  47 Del. Laws, 2nd Spec. Sess., c. 1,, §  6;  14 Del. C. 1953, §  2122;  71 Del. Laws, c. 180, §  127;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2301. Definitions.

§ 2301. Definitions.
As used in this chapter:
(1) “District” means a reorganized school district.
(2) “Evaluation detail component” is a site inspection template and assessment system that allows for individual district comment, incorporated within the facilities evaluation instrument, used to evaluate the areas of a school on a category by category basis.
(3) “Facilities evaluation instrument” means a document developed by the Department of Education that includes the evaluation detail component and the standard of good repair that is used to determine whether a school facility is in good repair. The facilities evaluation instrument may not require capital improvements beyond the standards to which the facility was designed and constructed.
(4) “School board” means a board of education of a reorganized school district.
(5) “School facilities” means any permanent building, portable building or structure, or commercial space owned, rented, operated, or leased by boards of education, including donated space, used as a classroom or for child care or any other space for education services including classrooms, cafeterias, staff lounges, staff offices, auditoriums, gymnasiums, or libraries.
(6) “Standard of good repair” means that part of the facilities evaluation instrument which outlines the school facility systems and components, as specified in this section, that should be considered in the inspection of a school facility to ensure that it is maintained in a manner that assures it is clean, safe, and functional.
14 Del. C. 1953, §  2301;  57 Del. Laws, c. 113;  83 Del. Laws, c. 435, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2302. Gifts of buildings or grounds; title.

§ 2302. Gifts of buildings or grounds; title.
School boards may receive donations of playgrounds, school grounds and school sites, or of buildings already built suitably located and adapted to school purposes, but in no case shall any site be built upon or any building accepted until a good and sufficient title has been obtained for the same in the name of the school board.
32 Del. Laws, c. 160, §  51;  33 Del. Laws, c. 176, §  1;  Code 1935, §  2715;  14 Del. C. 1953, §  2302;  56 Del. Laws, c. 292, §  29;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2303. Condemnation.

§ 2303. Condemnation.
(a) When lands are required for the site of a school house, or for enlarging a school house lot, or for playgrounds or other school purposes and the Department of Education or the school board shall for any cause be unable to contract with the owner or owners thereof upon what they deem to be a fair valuation thereof, the Department and the school board, or either of them, may institute condemnation proceedings in accordance with Chapter 61 of Title 10.
(b) No lot so taken or enlarged shall exceed, in the whole, including the land occupied by the school building, more than 15 acres for a school whose certified enrollment is less than 500 pupils.
(c) No lot so taken or enlarged shall exceed, in the whole, including the land occupied by the school building, more than 25 acres for schools having a certified enrollment in excess of 500 pupils.
(d) Certified enrollment, as used in this section, means the official net enrollment at the end of any school years as determined by the Department of Education, or, in the case of a proposed new school, the normal capacity of the proposed school building as approved by the Department of Education.
(e) Any proposed action pursuant to Chapter 61 of Title 10 shall be approved by appropriate resolutions of the local board of education and by the Department of Education. The Department shall, in the usual manner, review the building and site needs of the local district before deciding whether or not to adopt a resolution indicating the need for procuring the land as provided by Chapter 61 of Title 10 and the maximum number of acres involved.
32 Del. Laws, c. 160, §  52;  34 Del. Laws, c. 165;  Code 1935, §  2716;  48 Del. Laws, c. 46, §  1;  14 Del. C. 1953, §  2303;  52 Del. Laws, c. 230;  57 Del. Laws, c. 113;  71 Del. Laws, c. 180, §  128;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2304. Financing and construction.

§ 2304. Financing and construction.
The School Building Program Acts of 1951, and 1949, being Chapter 148 of Volume 48, Laws of Delaware, and Chapter 2 (Second Special Session) of Volume 47, Laws of Delaware (pages 1076 to 1090), are continued in full force and effect and shall govern the financing and construction of the school building programs and projects dealt with therein.
14 Del. C. 1953, §  2304;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2305. Sidewalks.

§ 2305. Sidewalks.
(a) The engineering, maintenance and construction supervision for sidewalks leading to a school site shall be performed for the district by the State Highway Department except for snow removal. Such sidewalks may be located on land or rights-of-way under the control of the State Highway Department or on other land or rights-of-way provided for such purpose.
(b) Sidewalks financed by issuance of bonds by a school board may be constructed only after the need for such sidewalks is ascertained by the school board by careful examination of transportation facilities in the district and the project has been approved by the State Highway Department and the Department of Education.
(c) When considering granting approval for sidewalk construction, the local board and State Department of Education shall take into consideration the current rule governing permanent free bus transportation and shall make sure there is no overlapping. Both shall also consider frequency of exposure to traffic hazards and the possible existence of mechanical hazards. The procedure prescribed by § 2106 of this title must be fulfilled.
14 Del. C. 1953, §  2305;  52 Del. Laws, c. 99, §  2;  54 Del. Laws, c. 319, §§  1, 2;  71 Del. Laws, c. 180, §  128;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2306. Safety features in new school construction or major renovations [For applicability of this section, see 81 Del. Laws, c. 267, § 3].

§ 2306. Safety features in new school construction or major renovations [For applicability of this section, see 81 Del. Laws, c. 267, § 3].
(a) For purposes of this section, “major renovation” means a renovation project with costs equal to or greater than the threshold amount established for a Major Capital Improvement Program project under 14 DE Admin. Code 401.
(b) Whenever a new school is constructed or a major renovation undertaken, the construction or renovation must include at a minimum the following:
(1) Secured vestibule, which serves as the primary entrance to screen visitors, equipped with an intercom or video call box and interior doors that can be electronically released by school staff.
(2) Ballistic resistant glass or other ballistic resistant materials in all vestibule, lobby, and office areas used to screen visitors.
(3) Classroom doors that can be locked from the outside using a key or magnetic card locking system. Classroom doors that can be locked from both sides must comply with the requirements under the current edition of the Delaware State Fire Prevention Regulations or the current edition of the National Fire Protection Association, Life Safety Code 101.
(4) Installation of a panic button or intruder alert system that is capable of being activated from the school office and a handheld device.
(c) The Comprehensive School Safety Program (CSSP) and Department of Education shall provide emerging best practices for ballistic and alarm capabilities to school districts and the Office of Management and Budget Division of Facilities Management annually.
81 Del. Laws, c. 267, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 23. SCHOOL BUILDING PROGRAM › § 2307. School building maintenance standards.

§ 2307. School building maintenance standards.
(a) On or before January 1, 2024, the Department of Education shall develop the facilities evaluation instrument and inspection cycle in consultation with the Division of Public Health, experts in school facilities maintenance, district superintendents, the Delaware State Education Association, and the Delaware Association of State Administrators.
(b) The facilities evaluation instrument is used to determine if a school facility is in good repair. The facilities evaluation instrument must be designed to identify areas of a school site that are in need of repair based upon a thorough inspection of the site. The facilities evaluation instrument must include a standard of good repair and an evaluation detail component.
(c) The standard of good repair must include the following facility categories and provide a description of a minimum standard of good repair for various facility categories:
(1) Gas leaks.
(2) Mechanical systems.
(3) Sewer.
(4) Interior surfaces.
(5) Overall cleanliness.
(6) Pest or vermin infestation.
(7) Electrical (interior and exterior).
(8) Restrooms.
(9) Sinks and fountains (inside and outside).
(10) Water quality.
(11) Fire safety.
(12) Hazardous materials (interior and exterior).
(13) Structural damage.
(14) Roofs (observed from the ground, inside and outside the building).
(15) Windows, doors, gates, and fences (interior and exterior).
(16) Visible mold or mildew.
(d) The evaluation detail component must be designed to allow for the determination of the scope of conditions across the school campus. In evaluating each area or space, the user should review each of the categories identified in the standard of good repair and make a determination of whether a particular area is in good repair.
(e) A school district may contract out inspection services.
(f) Each school district shall annually present the completed inspection findings and assessments at a public school board meeting.
(g) By May 1 of each year, the superintendent will submit a report of facility inspection findings and a board-approved repair and maintenance plan to the Department of Education, the chairs of the Bond Committee, the chairs of the House and Senate Education Committees, the Director of the Office of Management and Budget, and the Controller General.
83 Del. Laws, c. 435, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2401. Staffing.

§ 2401. Staffing.
Staffing for Prison Education Program shall be delineated each year in the Annual Appropriations Act. The qualification of employees for the Prison Education Program shall be the same as the qualification for public education employees pursuant to § 122(c) of this title.
79 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2402. Qualifications.

§ 2402. Qualifications.
The qualifications of employees for the Prison Education Program, except secretaries, shall be the same as those qualifications for employees in public high schools. Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.
79 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2404. Salary.

§ 2404. Salary.
Salary for employees in the Prison Education Program when paid from funds of this State shall be in accordance with regularly adopted salary schedules set forth in Chapter 13 of this title. The salary so computed shall be divided by 0.7 for 10 months employment. If employed on an 11 or 12 month basis, the 10 month amount shall be multiplied by 1.1 or 1.2 respectively. In addition to the above calculation, teachers and administrators qualifying for professional development clusters in accordance with § 1305 (k) of this title shall receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in § 1305(b) of this title. This calculation shall not be increased for 11 or 12 month employment. The percentage shall only be applied to the base 10 month salary for 10, 11, 12 month employees. In accordance with § 1305 (o) of this title the cluster percentage is capped at 15 percent.
Employees whose primary job location is onsite within the institution shall also receive hazardous duty supplements as provided in the Merit System as defined in Chapter 59 of Title 29. Teachers/supervisors shall receive an administrative supplement of 4 to 8 percent to be determined by the Department of Education with the approval of the Co-Chairs of the Joint Finance Committee.
Students served under this program shall not be included in the calculation for unit count purposes as defined in Chapter 17 of this title. The Director of the Office of Management and Budget and Controller General may transfer funds between lines and departments to pay for this program.
In the event the Director of the Office of Management and Budget proposes or implements a position attrition or complement reduction initiative, the Director shall clearly indicate to the Co-Chairs of the Joint Finance Committee when positions outlined in the joint agency Prison Education Program are included in said initiative(s).
79 Del. Laws, c. 251, §  1;  81 Del. Laws, c. 280, § 365;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2407. Renewal of training.

§ 2407. Renewal of training.
Prison Educational personnel are required to attend correctional security refresher training a minimum of every 3 years. Training shall be developed and provided by Department of Correction's staff training personnel.
79 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2408. Governor's Advisory Council's review.

§ 2408. Governor's Advisory Council's review.
The Governor's Advisory Council for Exceptional Citizens (GACEC), in its advisory capacity as authorized by § 3111 of this title shall meet annually with Department of Education and Department of Correction designated representatives to discuss the operation of the joint agency prison education program. No more frequently than every other year, the GACEC may conduct a site visit, which may include interviews and access to public records pursuant to its advisory authority under § 3111 of this title. Prior to commencing the review, the GACEC, Department of Correction and Department of Education shall agree upon the scope and purpose of the review. Any site visit, interviews, and public record reviews shall be coordinated by a representative(s) of the joint agency prison education program and shall be conducted in a manner consistent with any common law privileges, applicable federal and state laws, and security procedures and considerations. The GACEC will include findings related to site visits and program review and assessment in its annual report.
79 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2410. Hiring of prison employees.

§ 2410. Hiring of prison employees.
(a) The Department of Correction shall provide a minimum of 1 member to the employee application review committee and 1 member to the interview committee for the selection of new employees.
(b) The Department of Education shall provide names of all selected new employees to the Department of Correction a minimum of 15 working days before the starting date of a scheduled Department of Correction training program set forth in § 2405 of this title. The Department of Correction shall provide the date of any Department of Correction Training Program (CEIT) in sufficient time to allow for the selection of new employees prior to the upcoming training.
(c) Prior to an official employment offer, all candidates for employment under this program shall successfully pass a background clearance to be performed by the Department of Correction.
79 Del. Laws, c. 251, §  1;  81 Del. Laws, c. 79, § 20;
2023 Delaware Code › Title 14 - Education › Chapter 24. PRISON EDUCATIONAL UNIT › § 2411. Trained correctional officers.

§ 2411. Trained correctional officers.
Persons who have completed the correctional officer training and worked within the correctional officer series for a minimum of 6 consecutive years and are currently working within the series, have satisfied the requirements of § 2405 of this title and are exempt from retaking this training.
79 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 26. VOCATIONAL SCHOOL › § 2602. Establishment and notification of tax rate.

§ 2602. Establishment and notification of tax rate.
(a) The board of education for each vocational technical high school district shall, no later than the second Thursday in July, deliver its warrant, with a duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or counties where the district is located.
(b) [Repealed.]
14 Del. C. 1953, §  2602;  56 Del. Laws, c. 111;  57 Del. Laws, c. 113;  60 Del. Laws, c. 435, §  2;  62 Del. Laws, c. 84, §§  3, 5;  63 Del. Laws, c. 30, §  1;  68 Del. Laws, c. 41, §  2;  71 Del. Laws, c. 180, §  129;  75 Del. Laws, c. 88, §  21(7);  76 Del. Laws, c. 80, §  424;  83 Del. Laws, c. 14, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 26. VOCATIONAL SCHOOL › § 2603. Collection, deposit and disbursement of school taxes.

§ 2603. Collection, deposit and disbursement of school taxes.
(a) The Department of Finance for New Castle County and the Receiver of Taxes and County Treasurer for Kent and Sussex Counties shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes; provided, however, that after June 30, 1981, in New Castle County the Department of Finance and the Receiver of Taxes and County Treasurer in Kent and Sussex Counties shall allow no abatement or discount upon any taxes levied for school purposes required to be collected by them; and for all tax years commencing after June 30, 1981, shall, after September 30 in the year in which the tax rolls shall be delivered to them, add to the taxes to be paid thereafter a penalty of 1/2 of 1 percent per month until the same shall be paid.
(b) All money so collected shall be paid to the State Treasurer and shall be deposited by the State Treasurer in a separate account in the depository for other school moneys to the credit of the district. Warrants or drafts on the said fund shall be drawn by the school board of the district and shall be applied only for the purpose for which the levy is made.
14 Del. C. 1953, §§  2603, 2604;  56 Del. Laws, c. 111;  63 Del. Laws, c. 30, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 26. VOCATIONAL SCHOOL › § 2604. Report of school tax collections and payment of collected taxes.

§ 2604. Report of school tax collections and payment of collected taxes.
(a) The Department of Finance for New Castle County and each Receiver of Taxes and County Treasurer for Kent and Sussex Counties shall, on the first day of each month, make a report to the school board of the district for which the Receiver or Treasurer is collecting taxes to the State Treasurer and to the Department of Education of all taxes collected in the previous month. The forms shall show a complete breakdown of taxes collected, such as capitation, debt service and current expenses, and such other information as may be required.
(b) The Departments of Finance for New Castle and Sussex Counties and the Receiver of Taxes and County Treasurer for Kent County shall, not less than once each calendar month, pay over to the State Treasurer all funds collected by him or her for any district.
14 Del. C. 1953, §  2605;  56 Del. Laws, c. 111;  63 Del. Laws, c. 30, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  130;
2023 Delaware Code › Title 14 - Education › Chapter 26. VOCATIONAL SCHOOL › § 2605. Enrollment in the Sussex County Vocational-Technical High School District.

§ 2605. Enrollment in the Sussex County Vocational-Technical High School District.
(a) Enrollment for the Sussex County Vocational-Technical High School District must not exceed 1,300 students in grades 9-12 for school year 2021-2022, 1,350 students for school year 2022-2023, 1,400 students for school year 2023-2024 and 1,450 students for school year 2024-2025 and all years thereafter.
(b) For any school year in which the number of applications for admission exceeds the number of students to be enrolled, the Sussex County Vocational-Technical High School District shall conduct a random lottery admitting student number “1” and progressing consecutively thereafter until the total number of students to be admitted has been reached. However, the number of students admitted from any 1 Sussex County school district shall not exceed the Sussex County Vocational-Technical High School District's enrollment, outlined in subsection (a) of this section, as a percentage of Sussex County's total eighth grade enrollment.
(c) The Sussex County Vocational-Technical High School District may only provide preferences in student admissions to any of the following:
(1) Siblings of students currently enrolled at the school.
(2) Children of persons employed on a permanent basis for at least 30.0 hours per week during the school year by the Sussex County Vocational-Technical High School District.
(d) The Sussex County Vocational-Technical High School District is prohibited from denying any applicant for enrollment whose GPA falls below the 70th percentile or who has failed any eighth grade course from its lottery for admission, unless the student does not remain academically eligible for promotion according to the standards set by the Department of Education.
(e) Except in cases of expulsion subject to the provisions of § 4130 of this title, the Sussex County Vocational-Technical High School District shall be prohibited from removing a student from its enrollment for disciplinary reasons without the consent of the student's parents/guardians and the student's school district of residence.
80 Del. Laws, c. 24, §  2;  83 Del. Laws, c. 14, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 27. SCHOOL ATTENDANCE › Subchapter I. School Attendance Requirements › § 2701. Free public schools.

§ 2701. Free public schools.
Subject to other provisions of this title, all the public schools of this State shall be free to all children who are residents of the State and who are of the ages required or authorized for attendance in a public school.
21 Del. Laws, c. 67, §  22;  Code 1915, §  2296;  32 Del. Laws, c. 160, §  41;  Code 1935, §  2684;  14 Del. C. 1953, §  2701;  59 Del. Laws, c. 87, §  9;
2023 Delaware Code › Title 14 - Education › Chapter 27. SCHOOL ATTENDANCE › Subchapter I. School Attendance Requirements › § 2703. Private school attendance or other educational instruction.

§ 2703. Private school attendance or other educational instruction.
Section 2702 of this title shall not apply to any student enrolled in a private school who is receiving regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement, provided that such private school is subject to and in compliance with § 2704 of this title. For the purposes of this section, any student who is home-schooled in any manner provided for in § 2703A of this title shall also be exempt from the provisions of § 2702 of this title. Notwithstanding the foregoing, the Justice of the Peace Court may retain jurisdiction over any case of truancy filed pursuant to § 2729 (failure to send) of this title or § 2730 (failure to attend) of this title prior to a student withdrawing from the public school bringing the charge and enrolling in a private or nonpublic school of this State.
24 Del. Laws, c. 121, §  1;  Code 1915, §  2313;  32 Del. Laws, c. 160, §  41;  Code 1935, §  2685;  14 Del. C. 1953, §  2703;  49 Del. Laws, c. 403, §  4;  57 Del. Laws, c. 113;  63 Del. Laws, c. 290, §  3;  71 Del. Laws, c. 180, §  131;  74 Del. Laws, c. 79, §  2;  76 Del. Laws, c. 23, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 27. SCHOOL ATTENDANCE › Subchapter I. School Attendance Requirements › § 2703A. Homeschools defined.

§ 2703A. Homeschools defined.
(a) For purposes of this chapter, a “homeschool” is considered a nonpublic school, except that students enrolled in homeschools are deemed to be parentally-placed private school children for purposes of providing equitable services using proportionate share funds under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et. seq.
(b) The 3 types of homeschools are defined as follows:
(1) “Multi-family homeschool” means the education of children, primarily by the parents or legal guardians of the children mainly in 1 or more residences, or other facilities, when the children are not all related to each other as brother or sister. A person shall act as a liaison to the Department of Education for reporting enrollment and attendance information for all families involved.
(2) “Single-family homeschool” means the education of an individual's own child, primarily by the parent or legal guardian of the child, mainly in their own residence.
(3) “Single-family homeschool coordinated with the local school district” means the education of a child primarily by the parent or legal guardian of the child, mainly in their own residence, using a curriculum approved by the local superintendent or the local superintendent's designee. The local superintendent shall determine in writing that the student is or will be provided with regular and thorough instruction by the student's parent or legal guardian in the subjects prescribed for the public schools of the State and in a manner suitable to children of the same age and stage of advancement.
74 Del. Laws, c. 79, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 87, § 1;