reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 34. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION › Subchapter XVI. The Delaware Advance Scholarship Act Administered by University of Delaware › § 3428A. Additional responsibilities.

§ 3428A. Additional responsibilities.
(a) An institution participating in the Delaware Advance Scholarship Program shall develop, promote, and coordinate a public awareness program to inform students and parents of the Delaware Advance Scholarship Program.
(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 Delaware Advance Scholarship Program contact person, who must be a counselor, teacher, or transition coordinator at each high school in this State.
81 Del. Laws, c. 325, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 34. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION › Subchapter XVII. The Fostering Independence Through Education Tuition Waiver › § 3431A. Purpose.

§ 3431A. Purpose.
Under this subchapter, qualified students who spent part of their childhood in foster care will receive a tuition waiver to attend state institutions of higher education. It is the intent and purpose of the General Assembly, through this subchapter, to help ensure that young adults who experienced instability in their childhood and were in the State's foster care system are provided the opportunity to improve their lives and pursue higher education regardless of financial circumstances.
83 Del. Laws, c. 255, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 34. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION › Subchapter XVII. The Fostering Independence Through Education Tuition Waiver › § 3432A. Definitions.

§ 3432A. Definitions.
As used in this subchapter:
(1) “Department” means the Department of Services for Children, Youth & Their Families.
(2) “Eligible costs” means tuition and all mandatory fees relating to attendance at the institution. Where the institution offers room and board to its students, eligible costs includes on-campus housing and a standard meal plan, which shall be made available to waiver recipients year-round, so long as the waiver recipient is registered for a sufficient number of credits in the spring and fall semesters to be eligible for on-campus housing.
(3) “Fostering independence waiver” or “waiver” means the Delaware Fostering Independence Through Education Tuition Waiver Program established under this subchapter.
(4) “Institution of higher education” or “institution” means University of Delaware, Delaware State University, and Delaware Technical Community College.
83 Del. Laws, c. 255, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 34. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION › Subchapter XVII. The Fostering Independence Through Education Tuition Waiver › § 3433A. Delaware Fostering Independence Through Education Tuition Waiver Program.

§ 3433A. Delaware Fostering Independence Through Education Tuition Waiver Program.
(a) This subchapter establishes the Delaware Fostering Independence Through Education Tuition Waiver Program (“Program”).
(b) Beginning in the spring semester of 2022, an institution of higher education shall award a fostering independence waiver for undergraduate courses at the institution for each individual who is eligible under this section. The amount of the waiver shall be total eligible costs of attending the institution, less any grants or scholarships the individual receives. The waiver shall be awarded for up to 5 years if the individual is enrolled full-time.
(c) In order to receive a fostering independence waiver under this section, an individual must be a current resident of this State, under the age of 27, and 1 of the following:
(1) Eligible for the Delaware Chafee Education and Training Voucher program.
(2) Spent 12 or more months in the custody of the Department when the individual was between the ages of 14 and 18.
83 Del. Laws, c. 255, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 34. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION › Subchapter XVII. The Fostering Independence Through Education Tuition Waiver › § 3434A. Administration of the Program.

§ 3434A. Administration of the Program.
(a) Each institution of higher education shall designate an appropriate staff person as the point of contact for students eligible for the Program. Contact information for the point of contact must be posted on the publicly accessible internet website of the institution of higher education.
(b) The point of contact, and staff designated to assist the point of contact, shall do all of the following:
(1) Assist students in obtaining verification of eligibility for the Program from the courts, the Department, and any other relevant agency.
(2) Assist individuals who are eligible for the Program to access available federal and state financial aid resources and identify further scholarship and grant opportunities.
(3) Serve as the primary contact for all individuals eligible for the Program who are applying to or attending the institution.
(4) Provide individuals eligible for the Program with information and referrals for on-campus support services and resources, including admissions, housing financial aid, health, mental health, tutoring, career, academic advising and other services.
(5) Provide individuals eligible for the Program with information and referrals for available off-campus support services, including transitional housing and medical insurance and services.
(c) Each institution of higher education shall report by April 1 each year to the Controller General and the Office of Management and Budget the number of students who are receiving a waiver pursuant to this subchapter.
83 Del. Laws, c. 255, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3501. Part-time schools or classes for children having employment certificates.

§ 3501. Part-time schools or classes for children having employment certificates.
The board of education in every school district in this State in which there are employed or there reside 15 or more children between the ages of 12 and 16 years to whom have been granted employment certificates in accordance with the child labor and compulsory school attendance laws shall establish and maintain part-time schools and classes in general civic or vocational subjects for such employed children or for minors under 16 who have ceased to attend all-day schools. Such schools and classes shall be under the control and management of the board of education and shall be an integral part of the public school system of the city or district which maintains them. The part-time schools or classes shall be maintained each year during the full period of time when the public schools of the district are in session.
32 Del. Laws, c. 162, §  1;  Code 1935, §  2691;  14 Del. C. 1953, §  3501;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3502. Financing costs.

§ 3502. Financing costs.
(a) Whenever any part-time schools or classes have been established in accordance with this chapter and the rules and regulations established by the Department and have been approved by the Department, the school district shall be entitled to reimbursement from federal and state funds available for the promotion of vocational education for the expenditures made for the salaries of teachers of such part-time schools or classes and such reimbursement shall be apportioned by the Department.
(b) The local board of any school district may raise and expend moneys for the support of such part-time schools or classes in a manner similar to that by which moneys are raised and expended for other school purposes. School boards may make a levy sufficient to cover expenses of such schools over and above the amount now provided for school purposes.
32 Del. Laws, c. 162, §  11;  Code 1935, §  2700;  14 Del. C. 1953, §  3502;  71 Del. Laws, c. 180, §  163;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3503. Excusing nonestablishment of part-time schools or classes.

§ 3503. Excusing nonestablishment of part-time schools or classes.
Whenever any school board deems it inexpedient to organize part-time schools or classes for employed minors, it shall state the reasons for such inexpediency in a petition to the State Director for Vocational Education, and when the Secretary or Deputy Secretary of Education, upon the recommendation of the State Director, judges such reasons to be valid, the school board shall be excused from the establishment of such part-time schools or classes.
32 Del. Laws, c. 162, §  12;  Code 1935, §  2701;  14 Del. C. 1953, §  3503;  71 Del. Laws, c. 180, §  164;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3504. Failure to establish part-time schools or classes.

§ 3504. Failure to establish part-time schools or classes.
Any school district which refuses or neglects to provide adequately for part-time schools or classes as required by this chapter shall forfeit from state funds due such school district for high school purposes an amount equal to that which is estimated by the Department of Education as necessary to operate and maintain part-time classes needed by that school district.
32 Del. Laws, c. 162, §  9;  Code 1935, §  2698;  14 Del. C. 1953, §  3504;  71 Del. Laws, c. 180, §  165;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3505. Employment certificates, permits, badges and records.

§ 3505. Employment certificates, permits, badges and records.
The Secretary of Education and superintendents of schools in school districts, or persons designated by such superintendents, shall issue employment certificates, permits and badges and the principal or the head teacher of the several free public schools shall make out and sign such records as are required by the laws regulating child labor.
32 Del. Laws, c. 160, §  46;  Code 1935, §  2690;  14 Del. C. 1953, §  3505;  57 Del. Laws, c. 113;  71 Del. Laws, c. 180, §  166;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3506. Private schools; child labor law records.

§ 3506. Private schools; child labor law records.
Private teachers and the principal or head teacher of private schools or educational institutions shall make out and sign such records as are required by the laws regulating child labor.
32 Del. Laws, c. 160, §  55;  Code 1935, §  2749;  14 Del. C. 1953, §  3506;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3507. School attendance requirements for employed children.

§ 3507. School attendance requirements for employed children.
All minors under the age of 16 years must attend an all-day school, as that term is used in this title, or be legally employed. Every parent, guardian or other person having custody and control of a child between the ages of 12 and 16, who has been granted a certificate to leave school to engage in a legal employment shall cause such a child to attend a part-time school or class for a period the equivalent of at least 4 hours each week for at least 36 weeks in each year while so employed. When such minor is temporarily unemployed, the hours of attendance upon such part-time school or class shall be at least 20 hours per week.
32 Del. Laws, c. 162, §  2;  Code 1935, §  2692;  14 Del. C. 1953, §  3507;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3508. District and hours of school attendance.

§ 3508. District and hours of school attendance.
Attendance at part-time schools or classes shall be in the school district where the minor resides or is employed and shall be during the hours of 8:
00 a.m. and 5:
00 p.m., except on Saturday, when the hours shall be from 8:
00 a.m. until noon.
32 Del. Laws, c. 162, §  3;  Code 1935, §  2693;  14 Del. C. 1953, §  3508;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3509. Time spent in school as hours of legal employment.

§ 3509. Time spent in school as hours of legal employment.
The time spent in a part-time school or class by a minor under the age of 16 years shall be counted as a part of the time or number of hours the minor is permitted by law to work.
32 Del. Laws, c. 162, §  5;  Code 1935, §  2694;  14 Del. C. 1953, §  3509;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3510. Employment on farm, in home or domestic service.

§ 3510. Employment on farm, in home or domestic service.
A minor employed on the farm, in the home or in domestic service shall be considered as a minor legally employed in some occupation or service.
32 Del. Laws, c. 162, §  5;  Code 1935, §  2694;  14 Del. C. 1953, §  3510;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3511. Revocation of employment certificate.

§ 3511. Revocation of employment certificate.
Any minor subject to this chapter who fails to attend the part-time school or class may have that minor's employment and school leaving certificate revoked.
32 Del. Laws, c. 162, §  6;  Code 1935, §  2695;  14 Del. C. 1953, §  3511;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3512. Penalty for failure to attend.

§ 3512. Penalty for failure to attend.
All of the penalties provided in Chapter 27 of this title are made applicable in requiring the attendance of minors under the age of 16 years subject to this chapter upon a part-time school or class.
32 Del. Laws, c. 162, §  7;  Code 1935, §  2696;  14 Del. C. 1953, §  3512;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3513. Child Labor Law penalties applicable to employer.

§ 3513. Child Labor Law penalties applicable to employer.
All of the penalties provided in the Delaware Child Labor Law, Chapter 5 of Title 19, are made applicable for any violation of this chapter by any person employing a minor subject to this chapter. The employer shall permit the attendance upon part-time schools or classes of all minors in that employer's employ who are subject to this chapter.
32 Del. Laws, c. 162, §  8;  Code 1935, §  2697;  14 Del. C. 1953, §  3513;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3514. Enforcement of part-time school attendance.

§ 3514. Enforcement of part-time school attendance.
The school officials charged with the responsibility of enforcing the compulsory attendance laws of this State shall also be responsible for the enforcement of the attendance upon part-time schools or classes in accordance with the terms of this chapter.
32 Del. Laws, c. 162, §  10;  Code 1935, §  2699;  14 Del. C. 1953, §  3514;
2023 Delaware Code › Title 14 - Education › Chapter 35. PART-TIME SCHOOLS AND CLASSES › § 3515. Americanization of foreign born non-English speaking residents.

§ 3515. Americanization of foreign born non-English speaking residents.
In any school district within this State, including the City of Wilmington, where there are 10 or more persons over 16 years of age who do not speak the English language and who desire to attend a class or classes in which they may receive instruction in speaking English, the body having control of the public schools of such district or of such City may establish a class or classes, to be held in the evening or at such other time as may be convenient for such persons, for the instruction of such persons in the English language and in the institutions and forms of government of the United States and this State. The teachers for such classes shall be employed by the body having control of the public schools and need not be holders of certificates under this title.
32 Del. Laws, c. 165, §  1;  14 Del. C. 1953, §  3515;
2023 Delaware Code › Title 14 - Education › Chapter 37. REPLACEMENT OF PROPERTY DESTROYED BY CASUALTY › § 3701. Report on destruction of school property.

§ 3701. Report on destruction of school property.
Wherever a public school building or the equipment thereof is damaged or destroyed by fire or other casualty, the local school district in which the school building is located shall, as soon as may be practicable, send to the Secretary of Education, with a copy to the State Risk Manager, a written communication giving detailed information respecting the fire or other casualty stating, among other things, the name of the school building and local school district where the fire or other casualty occurred and a description of the building and equipment with the cost or approximate value thereof.
36 Del. Laws, c. 210, §  1;  Code 1935, §  2729;  14 Del. C. 1953, §  3701;  71 Del. Laws, c. 180, §  167;
2023 Delaware Code › Title 14 - Education › Chapter 37. REPLACEMENT OF PROPERTY DESTROYED BY CASUALTY › § 3702. Governor's allocation of General Fund.

§ 3702. Governor's allocation of General Fund.
Upon receipt of a written communication from the Secretary of Education and the State Risk Manager, the Governor may authorize, if there is a sufficient surplus available in the General Fund to meet the obligation, the allocation of an amount which, in the sole judgment and discretion of the Governor, is appropriate for such rebuilding and replacement.
36 Del. Laws, c. 210, §  2;  Code 1935, §  2730;  14 Del. C. 1953, §  3702;  63 Del. Laws, c. 142, §  36;  71 Del. Laws, c. 180, §  167A;
2023 Delaware Code › Title 14 - Education › Chapter 37. REPLACEMENT OF PROPERTY DESTROYED BY CASUALTY › § 3703. Replacement of property; disbursements.

§ 3703. Replacement of property; disbursements.
The Director of the Office of Management and Budget and State Risk Manager shall authorize the transfer and expenditure of funds allocated pursuant to § 3702 of this title.
71 Del. Laws, c. 180, §  167B;  75 Del. Laws, c. 88, §  21(7);
2023 Delaware Code › Title 14 - Education › Chapter 37. REPLACEMENT OF PROPERTY DESTROYED BY CASUALTY › § 3704. Cost records.

§ 3704. Cost records.
The State Risk Manager shall keep accurate detailed accounts of the cost of each rebuilding of school buildings and replacement of school equipment under this chapter and of all moneys expended by the State therefor.
36 Del. Laws, c. 210, §§  4, 5;  Code 1935, §§  2733, 2735;  14 Del. C. 1953, §  3706;  71 Del. Laws, c. 180, §  167D;
2023 Delaware Code › Title 14 - Education › Chapter 37. REPLACEMENT OF PROPERTY DESTROYED BY CASUALTY › § 3705. Prompt replacement of property.

§ 3705. Prompt replacement of property.
The Department of Education and local school districts shall see that the rebuilding of school buildings and the replacement of school equipment, destroyed in whole or in part by fire or other casualty within their respective jurisdictions under this chapter, are carried out with all reasonable dispatch.
36 Del. Laws, c. 210, §  6;  Code 1935, §  2736;  14 Del. C. 1953, §  3707;  71 Del. Laws, c. 180, §  167E;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3901. Fund for retired and disabled teachers.

§ 3901. Fund for retired and disabled teachers.
There shall continue to be a fund for the purpose of paying pensions or allowances to retired and disabled teachers who have taught in public schools within this State.
45 Del. Laws, c. 240, §  1;  47 Del. Laws, c. 240, §  1;  14 Del. C. 1953, §  3901;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3902. Retirement benefits.

§ 3902. Retirement benefits.
Teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 25 years or more and are no longer capable of teaching, and teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 15 years or more and who attain the age of 65, shall be entitled to receive a pension out of the fund continued by § 3901 of this title for the duration of their respective lives. The amount of such pension shall be determined by the number of years of teaching service, as follows:
15 years of service, $185 per month;
16 to 20 years of service, $190 per month;
21 to 25 years of service, $200 per month;
26 or more years of service, $210 per month.
45 Del. Laws, c. 106, §  2;  47 Del. Laws, c. 240, §  2;  48 Del. Laws, c. 191, §  1;  14 Del. C. 1953, §  3902;  53 Del. Laws, c. 336, §  2;  54 Del. Laws, c. 326, §  1;  58 Del. Laws, c. 180, §  4A;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3903. Disability benefits.

§ 3903. Disability benefits.
Teachers who, prior to April 23, 1945, because of failing or lost eyesight, loss of limb or other physical disability, were required to abandon the teaching profession, and, by reason of such disability, are incapable of securing employment producing a living wage, and who taught as many as 3 school years in this State, shall be entitled to receive, out of the fund continued by § 3901 of this title, the sum of $185 per month for the duration of their respective disabilities.
45 Del. Laws, c. 106, §  2;  47 Del. Laws, c. 240, §  2;  48 Del. Laws, c. 191, §  1;  14 Del. C. 1953, §  3903;  50 Del. Laws, c. 516, §  2;  53 Del. Laws, c. 336;  54 Del. Laws, c. 326, §  2;  58 Del. Laws, c. 180, §  4B;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3904. Application for benefits.

§ 3904. Application for benefits.
Persons qualified to receive any nondisability retirement benefits under this chapter shall make application therefor to the Department of Finance.
Persons qualified to receive any disability pension benefits under this chapter shall make application therefor to the Board of Pension Trustees.
45 Del. Laws, c. 106, §  2;  48 Del. Laws, c. 191, §  1;  14 Del. C. 1953, §  3904;  57 Del. Laws, c. 741, §  40A;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3905. Investigation of application and eligibility.

§ 3905. Investigation of application and eligibility.
The Department of Finance and the Board of Pension Trustees shall make investigations in order to determine the eligibility of the applicants or persons entitled to receive benefits under this chapter, as provided by law.
45 Del. Laws, c. 106, §  3;  14 Del. C. 1953, §  3905;  57 Del. Laws, c. 741, §  40B;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3906. Payment of benefits.

§ 3906. Payment of benefits.
The Secretary of Finance shall pay monthly to persons designated by the Department of Finance and Board of Pension Trustees as being entitled to the benefits of this chapter.
45 Del. Laws, c. 106, §  4;  14 Del. C. 1953, §  3906;  57 Del. Laws, c. 741, §  40C;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3907. Unexpended appropriations.

§ 3907. Unexpended appropriations.
All moneys appropriated for the purposes of this chapter and not expended during any fiscal year shall revert to the General Fund of the State Treasury.
45 Del. Laws, c. 106, §  5;  14 Del. C. 1953, §  3907;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3908. Adjustment of benefits.

§ 3908. Adjustment of benefits.
(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.
(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of:
(1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969 shall be the monthly pension rate paid in July, 1969.
(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.
14 Del. C. 1953, §  3908;  58 Del. Laws, c. 527, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3909. Increases in pensions.

§ 3909. Increases in pensions.
(a) Effective January 1, 1976, any pension being paid under this chapter to an individual 60 years of age or older shall be increased by either:
(1) $30 per month if such individual is also receiving or is eligible for benefits under the Federal Social Security Act; or (2) $50 per month if such individual is not also receiving or eligible for benefits under the Federal Social Security Act [42 U.S.C. § 401 et seq.]; provided that such increase shall be applied to the correct amount determined as a result of audits made between May 1971 and June 1972, and shall only be paid to an individual if such correct amount, inclusive of such increase, exceeds the amount of any pension being paid in accordance with § 3908(b) of this title.
(b) Any pension under this chapter that is payable on February 15, 1980, shall be increased effective January 1, 1979, by $20 per month.
(c) Any pension under this chapter that is payable on April 24, 1984, shall be increased effective July 1, 1984, by $30 per month.
(d) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1986, by $30 a month.
(e) Any pension under this chapter that is payable on July 13, 1988, shall be increased effective July 1, 1988, by $105 a month.
(f) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1990, by $60 a month.
60 Del. Laws, c. 483, §  30;  62 Del. Laws, c. 200, §§  1, 2;  64 Del. Laws, c. 249, §  2;  65 Del. Laws, c. 489, §  2;  66 Del. Laws, c. 363, §  2;  67 Del. Laws, c. 422, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 39. Teachers’ Retirement and Disability Pensions › § 3910. Death benefits.

§ 3910. Death benefits.
Upon the death of an individual receiving a pension under this chapter, the sum of $5,000 shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, the amount of this benefit shall be paid to the deceased pensioner's estate.
64 Del. Laws, c. 446, §  1;  68 Del. Laws, c. 150, §  2;  69 Del. Laws, c. 451, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4001. Statement of policy.

§ 4001. Statement of policy.
It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between reorganized public school districts and their employees and to protect the public by assuring the orderly and uninterrupted operations and functions of the public school system. These policies are best effectuated by:
(1) Granting to school employees the right of organization and representation;
(2) Obligating boards of education and school employee organizations which have been certified as representing their school employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and
(3) Establishing a public employment relations board to assist in resolving disputes between school employees and boards of education and to administer this chapter.
14 Del. C. 1953, §  4002;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4003. School employee rights.

§ 4003. School employee rights.
School employees shall have the right to:
(1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation resulting from collective bargaining negotiations to pay any dues, fees, assessments or other charges to an employee organization shall not be required as a condition of employment for certified professional school employees.
(2) Negotiate collectively or grieve through representatives of their own choosing.
(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State.
(4) Be represented by their exclusive representative, if any, without discrimination.
14 Del. C. 1953, §  4003;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  67 Del. Laws, c. 404, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4004. Employee organization as exclusive representative.

§ 4004. Employee organization as exclusive representative.
(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in the unit for such purpose and shall have the duty to represent all unit employees without discrimination. Where an exclusive representative has been certified, a public school employer shall not bargain in regard to matters covered by this chapter with any employee, group of employees or other employee organization.
(b) Nothing contained in this section shall prevent employees individually, or as a group, from presenting complaints to a public school employer and from having such complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part, as long as the representative is given an opportunity to be present at such adjustment and to make its view known, and as long as the adjustment is not inconsistent with the terms of an agreement between the public school employer and the exclusive representative which is then in effect. The right of the exclusive representative shall not apply where the complaint involves matters of personal, embarrassing and confidential nature, and the complainant specifically requests, in writing, that the exclusive representative not be present.
(c) Any employee organization which has been certified as an exclusive representative shall have the right to have its dues deducted and collected by the employer from the salaries of those employees, within the bargaining unit, who authorize, in writing, the deduction of said dues. Such authorization is revocable at the employee's written request, provided that said revocation shall not be effective until the next ensuing August 31 after the employer's receipt of the written notice. Said deductions shall commence upon the exclusive representative's written request to the employer. Such right to deduction shall be in force for so long as the employee organization remains the exclusive bargaining representative for the employees in the unit. The public school employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments levied on members by the exclusive representative.
14 Del. C. 1953, §  4006;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  69 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4005. School employer rights.

§ 4005. School employer rights.
A public school employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public school employer, its standards of services, overall budget, utilization of technology, the organizational structure, curriculum, discipline and the selection and direction of personnel.
63 Del. Laws, c. 333, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4007. Unfair labor practices — Enumerated.

§ 4007. Unfair labor practices — Enumerated.
(a) It is an unfair labor practice for a public school employer or its designated representative to do any of the following:
(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.
(2) Dominate, interfere with or assist in the formation, existence or administration of any labor organization.
(3) Encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure or other terms and conditions of employment.
(4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or has given information or testimony under this chapter.
(5) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit.
(6) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.
(7) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.
(8) Refuse to disclose any public record as defined by Chapter 100 of Title 29.
(b) It is unfair labor practice for a public school employee or for an employee organization or its designated representative to do any of the following:
(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.
(2) Refuse to bargain collectively in good faith with the public employer or its designated representative if the employee organization is an exclusive representative.
(3) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.
(4) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.
(5) Distribute organizational literature or otherwise solicit public school employees during working hours in areas where the actual work of public school employees is being performed in such a way as to hinder or interfere with the operation of the public school employer. This paragraph shall not be construed to prohibit the distribution of literature during the employee's lunch hour or duty-free lunch period or in such areas not specifically devoted to the performance of the employee's official duties.
(6) Hinder or prevent (by threats, intimidation, force or coercion of any kind) the pursuit of any lawful work or employment by any person, or unreasonably interfere with the entrance to or egress from any place of employment.
(7) Instigate or advocate support, in any positive manner, for an employee organization's activities from students on school property.
63 Del. Laws, c. 333, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4008. Unfair labor practices — Disposition of complaints.

§ 4008. Unfair labor practices — Disposition of complaints.
(a) The Board is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 4007(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.
(b) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of employee. If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.
(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper.
63 Del. Laws, c. 333, §  1;  72 Del. Laws, c. 146, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4009. Unfair labor practices — Appeals; petitions for enforcement.

§ 4009. Unfair labor practices — Appeals; petitions for enforcement.
(a) Any person adversely affected by a decision of the Board under § 4008 or § 4015 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay.
(b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 4008 or § 4015 of this title.
63 Del. Laws, c. 333, §  1;  76 Del. Laws, c. 196, §§  6, 7;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4012. Employee organizations required to register and submit annual reports.

§ 4012. Employee organizations required to register and submit annual reports.
Every employee organization which has or seeks recognition as a representative of public school employees under this chapter shall file with the Board a registration report, signed by its president or other appropriate officer. Such report shall be updated on an annual basis by any organization which continues to have or seeks recognition, shall be in a form prescribed by the Board and shall be accompanied by 2 copies of the employee organization's constitution and bylaws. All changes or amendments to such constitutions and bylaws shall be promptly reported to the Board.
63 Del. Laws, c. 333, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4014. Mediation.

§ 4014. Mediation.
(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by 60 days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, within 60 days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations.
(b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than 30 days remain before the expiration date of the existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, more than 90 days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public school employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board and shall be representative of the public.
(c) If the labor dispute has not been settled after a reasonable period of mediation, during which both parties have made a good faith effort to settle their differences, the parties jointly or individually may petition the Board in writing to initiate binding interest arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding interest arbitration be initiated. The public school employer and the exclusive bargaining representative may initiate binding interest arbitration at any time, by mutual agreement.
(d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
14 Del. C. 1953, §  4010;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  76 Del. Laws, c. 196, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4016. Strikes prohibited.

§ 4016. Strikes prohibited.
(a) No public school employee shall strike while in the performance of that public school employee's official duties.
(b) No public school employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any consideration in lieu thereof, for the days on which the employee engaged in a strike.
(c) Where a public school employee has lost entitlement to any daily pay or other consideration pursuant to subsection (b) of this section, any agreement between such public school employee or employee organization bargaining on such employee's behalf and a public school employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy.
14 Del. C. 1953, §  4011;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4017. Injunctions.

§ 4017. Injunctions.
(a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 4016 of this title. Suits to enjoin violations of § 4016 of this title will have priority over all matters on the Court's docket except other emergency matters.
(b) Where it appears that any public school employee, group of employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of § 4016 of this title, the public school employer may forthwith apply to the Court of Chancery for an injunction against such violation.
(c) If an order of the Court enjoining or restraining a violation of § 4016 of this title does not receive immediate compliance, the public school employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.
(d) In determining an appropriate amount for fines imposed pursuant to subsection (c) of this section, the Court shall consider and receive evidence of:
(1) The extent and value of services lost due to the violation of § 4016 of this title.
(2) Any unfair labor practices committed by either party during the collective bargaining process.
(3) The extent of the wilful defiance or resistance to the Court's order.
(4) The impact of the strike on the health, safety and welfare of the public.
63 Del. Laws, c. 333, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4018. Status of existing exclusive representative.

§ 4018. Status of existing exclusive representative.
An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to the effective date of this chapter shall so continue without the requirement of an election and certification until such time as a question concerning representation is appropriately raised under this chapter in accordance with § 4011(b) of this title, or until the Board would find the unit not to be appropriate in accordance with § 4010(f) of this title.
63 Del. Laws, c. 333, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT › § 4019. Fair share fees.

§ 4019. Fair share fees.
(a) If the provisions of a collective bargaining agreement so provide, each nonmember of a bargaining unit shall be required to pay the exclusive representative a fair share fee.
(b) To implement fair share fee agreements in accordance with subsection (a) of this section, the exclusive representative shall provide the public school employer with the name of each nonmember who is obligated to pay a fair share fee, the amount of the fee that the nonmember is obligated to pay and a reasonable and lawful schedule for deducting said amount from the salary or wages of such nonmember. The public school employer shall deduct the fee in accordance with said schedule and promptly transmit the amount deducted to the exclusive representative.
(c) As a precondition to the collection of fair share fees, the exclusive representative shall establish and maintain a procedure that:
(1) Provides nonmembers with an adequate explanation of the basis for the fee;
(2) Provides nonmembers with a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker; and
(3) Provides an escrow for the amounts reasonably in dispute while such challenges are pending.
A public school employer shall not refuse to carry out its obligations under subsection (b) of this section on the grounds that the exclusive representative has not satisfied its responsibilities under this subsection.
(d) Since fair share fees are collected each school year, in order to avoid undue delays in the receipt of, and determination of the validity of, fair share fees, any suit challenging a fair share fee must be filed within 6 months after receipt of the notice described in subsection (c) of this section, or within 6 months after the nonmember exhausts the procedure described in subsection (c) of this section, whichever is later.
69 Del. Laws, c. 199, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4101. Reading of First Amendment of the United States Constitution.

§ 4101. Reading of First Amendment of the United States Constitution.
At the commencement of the first period of study on the first day of school of each school year in all public schools of the State, the First Amendment of the Constitution of the United States of America shall be read or recited by the teacher in charge of such period to the students therein assembled.
33 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 179, §  1;  Code 1935, §  2758;  14 Del. C. 1953, §  4101;  58 Del. Laws, c. 162, §  1;  60 Del. Laws, c. 50, §  1;  61 Del. Laws, c. 547, §  1;  65 Del. Laws, c. 130, §  1;  70 Del. Laws, c. 251, §§  1, 2;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4102. Penalties for violation of § 4101 of this title.

§ 4102. Penalties for violation of § 4101 of this title.
Any teacher or principal who refuses to comply with § 4101 of this title shall be subject to a penalty of $5 for the first violation and $25 for any violation thereafter.
14 Del. C. 1953, §  4102;  58 Del. Laws, c. 162, §  2;  81 Del. Laws, c. 122, § 2;