reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 81. EDUCATION PRIVACY ACT › § 8103. Academic institution; prohibited acts.

§ 8103. Academic institution; prohibited acts.
(a) An academic institution shall not request or require that a student or applicant disclose any password or other related account information in order to gain access to the student's or applicant's social networking site profile or account by way of an electronic communication device.
(b) An academic institution shall not require or request that a student or applicant log onto a social networking site, mail account, or any other internet site or application by way of an electronic communication device in the presence of an agent of the institution so as to provide the institution access.
(c) No public or nonpublic academic institution shall monitor or track a student's or applicant's personal electronic communication device by installation of software upon the device, or by remotely tracking the device by using intercept technology.
(d) An academic institution shall not request or require a student or applicant to add the employer or its representative to their personal social networking site profile or account.
(e) An academic institution is prohibited from accessing a student's or applicant's social networking site profile or account indirectly through any other person who is a social networking contact of the student or applicant.
78 Del. Laws, c. 354, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 81. EDUCATION PRIVACY ACT › § 8104. Academic institution; wrongful dismissal or refusal to admit.

§ 8104. Academic institution; wrongful dismissal or refusal to admit.
An academic institution may not discipline, dismiss or otherwise penalize or threaten to discipline, dismiss or otherwise penalize a student for refusing to disclose any information specified in § 8103(a) or (b) of this title. It shall also be unlawful for a public or nonpublic academic institution to fail or refuse to admit any applicant as a result of the applicant's refusal to disclose any information specified in § 8103(a) or (b) of this title.
78 Del. Laws, c. 354, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 81. EDUCATION PRIVACY ACT › § 8105. Health and safety exceptions.

§ 8105. Health and safety exceptions.
This chapter shall not apply to investigations conducted by an academic institution's public safety department or police agency who have a reasonable articulable suspicion of criminal activity, or to an investigation, inquiry or determination conducted pursuant to an academic institution's threat assessment policy or protocol.
78 Del. Laws, c. 354, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 81A. Student Data Privacy Protection Act[For applicability of chapter, see 80 Del. Laws, c. 149, § 2] › § 8101A. Short title [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].

§ 8101A. Short title [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].
This chapter shall be known and may be cited as the “Student Data Privacy Protection Act.”
80 Del. Laws, c. 149, §  1;  80 Del. Laws, c. 335, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 81A. Student Data Privacy Protection Act[For applicability of chapter, see 80 Del. Laws, c. 149, § 2] › § 8103A. Enforcement [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].

§ 8103A. Enforcement [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].
The Consumer Protection Unit of the Department of Justice has enforcement authority over this chapter and may investigate and prosecute violations of this chapter in accordance with the provisions of subchapter II of Chapter 25 of Title 29.
80 Del. Laws, c. 149, §  1;  80 Del. Laws, c. 335, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 81A. Student Data Privacy Protection Act[For applicability of chapter, see 80 Del. Laws, c. 149, § 2] › § 8104A. Operator duties [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].

§ 8104A. Operator duties [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].
An operator shall:
(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the student data to protect that information from unauthorized access, destruction, use, modification, or disclosure, which shall, at a minimum, comply with the Department of Technology and Information's Cloud and Offsite Hosting Policy and include the terms and conditions set forth in the Department of Technology and Information's Cloud and Offsite Hosting Template for Non-Public Data.
(2) Delete a student's data within a reasonable timeframe not to exceed 45 calendar days if a school district or school requests deletion of data under the control of the school district or school.
80 Del. Laws, c. 149, §  1;  80 Del. Laws, c. 335, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 81A. Student Data Privacy Protection Act[For applicability of chapter, see 80 Del. Laws, c. 149, § 2] › § 8106A. Exclusions [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].

§ 8106A. Exclusions [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].
This chapter shall not be construed so as to do any of the following:
(1) Apply to general audience internet websites, online or cloud computing services, online applications, or mobile applications, even if login credentials created for an operator's internet website, online or cloud computing service, online application, or mobile application may be used to access those general audience internet websites, online or cloud computing services, online applications, or mobile applications.
(2) Limit the authority of a law-enforcement agency to obtain any content or student data from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.
(3) Limit internet service providers from providing internet connectivity to schools or students and their families.
(4) Prohibit an operator from marketing educational products directly to parents, so long as the marketing does not result from the use of student data obtained by the operator through the provision of services covered under this chapter.
(5) Impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this chapter on those applications or software.
(6) Impose a duty upon a provider of an interactive computer service, as defined in 47 U.S.C. § 230, to review or enforce compliance with this chapter by third-party content providers.
(7) Impede the ability of a student or parent or guardian to download, transfer, export, or otherwise save or maintain their own student data or documents.
(8) Prevent the Department, school district, or school from recommending, solely for K-12 school purposes, any educational materials, online content, services, or other products to any student or to the student's family if the Department, school district, or school determines that such products will benefit the student and no person receives compensation for developing, enabling, or communicating such recommendations.
80 Del. Laws, c. 149, §  1;  80 Del. Laws, c. 335, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 82. EDUCATIONAL COMPACTS › Subchapter II. Interstate Agreement on Qualification of Educational Personnel › § 8211. Authorization for interstate agreements.

§ 8211. Authorization for interstate agreements.
In accordance with the terms set forth in § 8213 of this title, this State may enter into interstate agreements on educational personnel. Such agreements, properly entered into by the designated state officials, shall be considered as a contract between this State and such other states legally joining therein in the form set forth in § 8213 of this title.
14 Del. C. 1953, §  8211;  57 Del. Laws, c. 155, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 82. EDUCATIONAL COMPACTS › Subchapter II. Interstate Agreement on Qualification of Educational Personnel › § 8212. Designated state official and official copies of contract.

§ 8212. Designated state official and official copies of contract.
The “designated state official” for the State shall be the Secretary of Education. The Secretary of Education shall enter into contracts pursuant to this subchapter only with the approval of the State Board of Education. True copies of all contracts made on behalf of this State pursuant to the agreement set forth in § 8213 of this title shall be placed on file in the office of the Secretary of Education, in the office of the Secretary of State and in the office of the chief state school officer in such other state as is party to the contract. Reference to the existence of such contracts, including at least a list of states involved and the teaching fields or certificates referred to in each state, shall be published regularly in such certification manuals as may from time to time be published by the Department of Education.
14 Del. C. 1953, §  8212;  57 Del. Laws, c. 155, §  4;  71 Del. Laws, c. 180, §  182;
2023 Delaware Code › Title 14 - Education › Chapter 83. EYE PROTECTION DEVICES › § 8301. Definitions.

§ 8301. Definitions.
As used in this chapter:
“Eye protection areas” mean vocational or industrial art shops, science or other school laboratories, or school or institutional facilities in which activities take place involving:
(1) Hot molten metals;
(2) Milling, sawing, turning, shaping, cutting, grinding or stamping of any solid materials;
(3) Heat treatment, tampering or kiln firing of any metal or other materials;
(4) Gas or electric arc welding;
(5) Repair or servicing of any vehicle or mechanical equipment;
(6) Corrosive or explosive materials;
(7) Custodial or other service activity potentially hazardous to the eye; or
(8) Any other activity or operation involving mechanical or manual work in any area that is potentially hazardous to the eye.
14 Del. C. 1953, §  8301;  55 Del. Laws, c. 450.;
2023 Delaware Code › Title 14 - Education › Chapter 83. EYE PROTECTION DEVICES › § 8302. Eye protection devices required in schools.

§ 8302. Eye protection devices required in schools.
Every person shall wear eye protection devices when entering, participating in, observing or performing any function in connection with any courses or activities taking place in eye protection areas of any school, college, university or other public or private educational institution in this State. Persons covered in this section include, without limitation, any student or teacher in, staff member or other employee of, or visitor to, any of the foregoing educational institutions.
14 Del. C. 1953, §  8302;  55 Del. Laws, c. 450.;
2023 Delaware Code › Title 14 - Education › Chapter 83. EYE PROTECTION DEVICES › § 8303. Eye protection devices standards.

§ 8303. Eye protection devices standards.
Eye protection devices, which shall include safety spectacles, plastic face shields or goggles, shall comply with the American Standards Association Safety Code for Head, Eye and Respiratory Protection.
14 Del. C. 1953, §  8303;  55 Del. Laws, c. 450.;
2023 Delaware Code › Title 14 - Education › Chapter 83. EYE PROTECTION DEVICES › § 8304. Instructions for compliance.

§ 8304. Instructions for compliance.
The State Department of Education shall prepare and circulate to each public or private educational institution in this State, a manual containing instructions and recommendations for the guidance of such institution in implementing the eye safety provision of this chapter.
14 Del. C. 1953, §  8304;  55 Del. Laws, c. 450;  71 Del. Laws, c. 180, §  183;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8501. Definitions.

§ 8501. Definitions.
For purposes of this chapter:
(1) “Agent” means a person employed by a school as defined herein, whether such school is located within or outside Delaware, to act as an agent, solicitor, broker, or independent contractor to directly procure students or enrollees for such school by solicitation in any form made at any place in this State other than the office or place of business of the school.
(2) “Private business school,” “private trade school,” “trade school” or “school” means an educational institution privately owned and operated for profit or nonprofit by an owner, partnership or corporation, offering business or trade and industrial courses for which tuition may or may not be charged, and which may include those courses usually associated with business training schools, trade schools, specialized skill training schools or institutes, and other related subjects of a similar character or subjects of general education when they contribute values to the objectives of the course of study. Classes or courses may be identified by reference to Vocational Education and Occupations published by the United States Office of Education, or The Dictionary of Occupational Titles published by the United States Department of Labor; or lists prepared and promulgated from time to time by the Delaware State Department of Education, and in every case by evaluation of the information presented in the application required by § 8504, § 8507 and other applicable sections of this title. Classes in any of the subjects herein referred to which are taught or coached in homes or elsewhere are included in the term “school.”
(3) “Protective hairstyle” includes braids, locks, and twists.
(4) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.
(5) “Secretary” means the Secretary of Education.
14 Del. C. 1953, §  8501;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  184;  73 Del. Laws, c. 65, §  15;  83 Del. Laws, c. 13, § 11;  83 Del. Laws, c. 401, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8502. Advisory committee on private business and trade schools.

§ 8502. Advisory committee on private business and trade schools.
(a) The Secretary of Education shall appoint an advisory committee of 5 persons whose function it shall be to advise the Secretary relative to the administration of this chapter in regard to policies concerning the conduct of private business schools serving clients in the State.
(b) One of the members of the committee shall be an executive or managerial person in a private business school in the State; 1 shall be a person occupied in commerce or industry in this State in an executive or managerial position; 1 shall be an executive or managerial person in a private trade school in the State; 1 shall be the president of the Delaware Technical and Community College system; and 1 shall have, for at least 5 years, occupied managerial positions concerned primarily with the use of computers.
(c) Members of the advisory committee, except the president of the Delaware Technical and Community College, shall serve for rotating terms of 4 years. At the initial meeting of the committee, members shall draw lots to determine the length of terms for 1, 2, 3 or 4 years. The Secretary of Education shall appoint a person from the staff of the State Department of Education to serve as chairperson and secretary to the committee and shall provide the necessary clerical services to the committee from within the State Department of Education.
(d) Members of the advisory committee shall receive no salary or compensation for the performance of committee duties but shall be entitled to reimbursement for expenses incurred in carrying out the assignments of the committee. The rate of such expenses shall be in accordance with any statutes from time to time promulgated by the State or according to rules and regulations adopted by the Department of Education.
14 Del. C. 1953, §  8502;  58 Del. Laws, c. 544;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  185-187;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8503. Necessity for certificate of approval; person eligible; nontransferability; display; approved list.

§ 8503. Necessity for certificate of approval; person eligible; nontransferability; display; approved list.
(a) No person, partnership or corporation, whether its main office be located within or outside the State, shall conduct a private school or classes as herein defined, or instruct individuals in business or trade subjects in this State, without having been issued a certificate of approval by the Department. A person, partnership or corporation shall be qualified to receive a certificate of approval who complies with every standard, rule and regulation of the Department pertaining to this chapter, who pays the fee for a certificate of approval, and whose school, after an examination conducted under the direction of the Department, is approved by the Department. Such certificates of approval are not transferable.
(b) The certificate of approval shall be prominently displayed at some place on the premises of the school open to the inspection of all interested persons.
(c) The Department shall maintain open to public inspection a list of schools approved under this chapter and may annually publish such list.
14 Del. C. 1953, §  8503;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  188;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8504. Application for certificate; contents.

§ 8504. Application for certificate; contents.
Every person, partnership or corporation desiring to obtain a certificate of approval shall make a verified application to the Department setting forth the following information:
(1) The title or name of a school, together with ownership and controlling officers thereof;
(2) The specific fields and courses of instruction which will be offered;
(3) The place or places where such instruction will be given and a description of the physical and sanitary facilities thereof;
(4) A specific listing of the equipment available for instruction in each field and course;
(5) The educational and teaching qualifications of instructors and supervisors;
(6) The financial resources available to equip and maintain the school;
(7) The entrance requirements for admission to each program offered by the school, and a copy or example of the instrument or instruments used to test for admission to each program.
a. If an institution admits as a regular student a person who does not have a high school diploma or its equivalent, the institution shall determine, at the time of admission, whether that person has the ability to benefit from the education or training the institution offers.
b. An institution shall determine whether a person described in paragraph (7)a. of this section has the requisite ability by administering to the person a nationally recognized, standardized or industry developed test approved by the Secretary of the United States Department of Education and shall include the test and results in the student's record; or by providing evidence that an assessment of the person's basic skills and aptitudes has been conducted and that the assessment indicates that the person has the ability to benefit from the education or training the institution offers and shall include the method used and results in the student's record.
14 Del. C. 1953, §  8504;  58 Del. Laws, c. 544;  65 Del. Laws, c. 63, §  1;  68 Del. Laws, c. 111, §  1;  71 Del. Laws, c. 180, §§  189, 190;  74 Del. Laws, c. 255, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8506. Signing of application.

§ 8506. Signing of application.
Each application for a certificate of approval shall be signed by the applicant. If the applicant is a partnership, it shall be signed by each member thereof. If the applicant is a corporation, it shall be signed by any officer thereof.
14 Del. C. 1953, §  8506;  58 Del. Laws, c. 544.;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8507. Restriction of certificate to fields indicated in application; supplementary applications.

§ 8507. Restriction of certificate to fields indicated in application; supplementary applications.
Any certificate of approval issued shall be restricted to the fields or courses specifically indicated in the application for a certificate of approval. The holder of a certificate shall present a supplementary application, as may be directed by the Department for approval of additional fields or courses, in which it is desired to offer instruction during the effective period of the certificate of approval.
14 Del. C. 1953, §  8507;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8508. Filing fees; renewal fees.

§ 8508. Filing fees; renewal fees.
Each original application for a certificate of approval shall be accompanied by a filing fee to be determined by the Department, which fee shall include the cost of investigation and issuance of the original certificate of approval, if the application is approved. There shall be an annual renewal fee to be determined by the Department. No fee shall be charged for a supplementary application for the approval of additional fields or courses of instruction. Fees, charges or fines within this chapter shall be deposited to the General Fund of the State.
14 Del. C. 1953, §  8508;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8509. Business or trade school agent permits; application; contents; fees; separate permits.

§ 8509. Business or trade school agent permits; application; contents; fees; separate permits.
Every agent representing a school as herein defined, whether located in the State or without, shall make application for an agent's permit to the Department, in writing, upon forms prepared and furnished by the Department. Each application shall state the name of the school which the applicant will represent, contain evidence of the honesty, truthfulness and integrity of the applicant, shall be verified under oath by the applicant, and shall be accompanied by the recommendation of 2 reputable persons, certifying that the applicant is truthful, honest and of good reputation, and recommending that a permit, as an agent, be granted to the applicant. The fee for an original permit, as an agent, shall be determined by the Department, and there shall be an annual renewal fee determined by the Department. A separate permit shall be obtained for each school represented by an agent.
14 Del. C. 1953, §  8509;  58 Del. Laws, c. 544;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8510. Issuance of pocket cards upon approval of application; contents.

§ 8510. Issuance of pocket cards upon approval of application; contents.
The Department, upon approval of an application for or renewal of a permit, shall prepare and deliver to each agent a pocket card which, among other things, shall contain the name and address of the agent and of the employing school and shall certify that the person whose name appears thereon is an authorized agent of the school.
14 Del. C. 1953, §  8510;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8511. Annual renewal of certificates.

§ 8511. Annual renewal of certificates.
Each school and each agent that continues as such shall annually renew the school's or agent's certificate of approval and pay the required annual renewal fees. Every certificate of approval which has not been renewed by its expiration date shall expire on the expiration date.
14 Del. C. 1953, §  8511;  58 Del. Laws, c. 544;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 122, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8512. Issuance, revocation, renewal or restoration of certificates upon action and report of Department.

§ 8512. Issuance, revocation, renewal or restoration of certificates upon action and report of Department.
Repealed by 75 Del. Laws, c. 122, § 2, effective July 7, 2005.
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8513. Rules and regulations.

§ 8513. Rules and regulations.
In addition to standards provided for hereunder, the Department shall make and enforce reasonable rules and regulations as shall be necessary for the proper administration and enforcement of this chapter.
14 Del. C. 1953, §  8513;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8514. Prohibition against advertising school or soliciting students without Department authorization.

§ 8514. Prohibition against advertising school or soliciting students without Department authorization.
Prior to the establishment of a private business or trade school and the issuance of a certificate of approval therefor, no person shall advertise such a school or solicit prospective students for such a school unless such person has applied for and received from the Department authorization to conduct such activity.
14 Del. C. 1953, §  8514;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8515. Procedure for approval of applications and programs.

§ 8515. Procedure for approval of applications and programs.
The Department shall provide such rules and regulations as are necessary to direct applicants for a certificate of approval in the preparation of a statement of the existing or planned educational programs and managerial organization and financial status of the applicant school. Upon receipt of any application, prepared in accordance with the provisions of this chapter, the Department shall provide for the review of that application and shall, within 90 days of its receipt, notify the applicant that the application is approved or disapproved or that further negotiation will be afforded toward the goal of approval.
14 Del. C. 1953, §  8515;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8516. Grounds for refusal to issue, renew or for revoking certificates or permits.

§ 8516. Grounds for refusal to issue, renew or for revoking certificates or permits.
In addition to any other cause herein set forth, the Department may refuse to issue or to renew, or may revoke any certificate of approval or permit for any 1 or combination of the following causes:
(1) Violation of this chapter or any rule or regulation made by the Department;
(2) Furnishing of false, misleading or incomplete information to the Department or failure to furnish information requested by the Department;
(3) If any person, who signed an application, has entered a plea of nolo contendere or been found guilty of any crime involving moral turpitude;
(4) If any person, who signed an application, is found by competent medical authority to be addicted to the use of any narcotic drug, other than a drug currently prescribed for treatment or who has been found mentally incompetent;
(5) Violation of any commitment made in an application for a certificate of approval;
(6) Presenting to prospective students information relating to the school, or to employment opportunities or opportunities for enrollment in institutions of higher learning after entering into or completing courses offered by the school, which is false, misleading or fraudulent;
(7) Failure to provide or maintain premises or equipment in a safe and sanitary condition as required by laws, regulations or ordinances applicable at the location of the school;
(8) Refusal by an agent to display that agent's own permit upon demand of a prospective student, the Department or its representative, or any other interested person;
(9) Failure to maintain financial resources adequate for the satisfactory conduct of the courses of instruction offered or to retain a sufficient and qualified instructional and administrative staff;
(10) Conduct of instruction in a course or field which has not been approved by the Department for the particular school;
(11) Refusal to admit applicants solely on account of race, color, creed, age or sex.
14 Del. C. 1953, §  8516;  58 Del. Laws, c. 544;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  190;  75 Del. Laws, c. 122, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8517. Investigations by Department upon its own motion or upon verified complaint; opportunity for correction.

§ 8517. Investigations by Department upon its own motion or upon verified complaint; opportunity for correction.
The Department may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal or revocation under this chapter, investigate the actions of any applicant or any person or persons holding or claiming to hold a certificate or permit.
However, before proceeding to a hearing on the question of whether a certificate of approval shall be refused or revoked for any cause enumerated in § 8516 of this title, exclusive of those causes enumerated in paragraphs (3) and (4) of that section, the Department may grant a reasonable time to the holder of or applicant for a certificate of approval to correct the situation. If within such time, the situation is corrected, no further action leading to refusal or revocation shall be taken.
14 Del. C. 1953, §  8517;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8518. Hearings.

§ 8518. Hearings.
(a) Any applicant for a certificate of approval or agency permit or for the renewal of a certificate of approval or agency permit who is refused issue of that certificate or permit or its renewal may request a hearing before the Secretary. In addition, any certificate or permit holder is entitled to a hearing before the Secretary to challenge a revocation for cause pursuant to § 8516 of this title.
(b) Whenever the Department proposes to refuse to issue or renew a certificate or permit, or to revoke a certificate or permit, it shall first give notice to the applicant or certificate or permit holder of the intended action and the reasons therefore. The applicant or certificate or permit holder shall be afforded at least 20 calendar days to request a hearing.
(c) Hearings shall be held within 90 calendar days of the date the Secretary receives a request for hearing. Notice of the hearing shall be given at least 20 calendar days before the day it is held.
(d) All hearings shall be conducted by the Secretary or the Secretary's designee who shall prepare a proposed order for the Secretary's consideration. In connection with such hearings, the Secretary or the Secretary's designee shall be empowered to:
(1) Issue subpoenas for witnesses and the production of relevant books and papers, either on the Secretary's or the Secretary's designee's own initiative or at the request of any party; failure of any person without adequate excuse to obey a subpoena shall be punishable according to the rules of the Superior Court;
(2) Administer oaths to witnesses;
(3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence; and
(4) Limit unduly repetitive proof, rebuttal and cross-examination.
(e) Burden of proof shall be upon the applicant or proponent.
(f) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of the requesting party. With respect to each case, all notices, correspondence between the Department and the parties, all exhibits, documents and testimony admitted into evidence and all recommended orders, summaries of evidence and findings and all interlocutory and final orders shall be included in the record of the proceedings.
(g) The Secretary's decision shall include:
(1) A brief summary of the evidence before the Secretary and the Secretary' findings of fact;
(2) The Secretary's conclusions of law; and
(3) The Secretary's decision and a brief statement of the reasons therefore.
(h) Upon the revocation of a certificate or permit, the holder shall be required to surrender such certificate or permit to the Department and upon failure or refusal to do so, the Department shall have the right to seize such certificate or permit.
14 Del. C. 1953, §  8518;  58 Del. Laws, c. 544;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  190;  75 Del. Laws, c. 122, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8519. Power to subpoena and administer oaths.

§ 8519. Power to subpoena and administer oaths.
The Department, over the signature of any member thereof, is authorized to subpoena and bring before the Department any person or persons in this State and to take testimony, either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in Superior Courts of this State.
14 Del. C. 1953, §  8519;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;  75 Del. Laws, c. 122, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8520-8522. Powers of the Department; Department to provide stenographer; record of proceedings; transcript costs; Service of Department's report upon respondent; motion for rehearing; time; surrender of certificate.

§§ 8520-8522. Powers of the Department; Department to provide stenographer; record of proceedings; transcript costs; Service of Department's report upon respondent; motion for rehearing; time; surrender of certificate.
Repealed by 75 Del. Laws., c. 122, § 5, effective July 7, 2005.
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8523. Forfeiture of bond.

§ 8523. Forfeiture of bond.
If any school certified, pursuant to this chapter, should fail to provide the services called for in a contract or agreement with a student, as determined by the Superior Court of the State, the bond prescribed by § 8505(a)(2) of this title, or any part thereof, shall be forfeited, and the proceeds distributed by the Department in such manner as justice and the circumstances require.
14 Del. C. 1953, §  8523;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8524. Appeal to Superior Court; certification of record.

§ 8524. Appeal to Superior Court; certification of record.
(a) Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the Superior Court of the county wherein such person resides, or in the case of a corporation, wherein the registered office is located. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in any county of this State. The review shall be on the record without a trial de novo.
(b) Service of summons issued in such review proceedings may be had upon any member of the Department. The Department shall not be required to certify the record of the proceeding unless the plaintiff in the review proceedings shall first pay to the Department a sum to be determined by the Department for every page of such record. Exhibits shall be certified without cost.
14 Del. C. 1953, §  8524;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;  75 Del. Laws, c. 122, §  7;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8525. Unlawful acts of school employees not ground for revocation of certificate; exception.

§ 8525. Unlawful acts of school employees not ground for revocation of certificate; exception.
Any unlawful act or violation of any of the provisions of this chapter upon the part of any agent or employee of a business or trade school shall not be cause for the revocation of the certificate of approval unless it shall appear to the satisfaction of the Department that any 1 or more of the controlling officers, members or managing employees had guilty knowledge thereof.
14 Del. C. 1953, §  8525;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8526. Penalty.

§ 8526. Penalty.
(a) Any person found to be violating this chapter shall, if an individual, be punished by a fine of a minimum of $500 for each offense, or by imprisonment for a period not to exceed 1 year, or both; and, if an artificial entity, shall be punished by a fine of a minimum of $1,000 for each offense. Any organization or representative of an organization is subject to the penalties herein prescribed for individuals.
(b) The Superior Court shall have exclusive jurisdiction of violations of this chapter.
14 Del. C. 1953, §  8526;  58 Del. Laws, c. 544;  83 Del. Laws, c. 401, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8527. Incorporated institution.

§ 8527. Incorporated institution.
Any applicant seeking incorporation under Title 8 in order to conduct a private business or trade school within the State shall first seek approval as an applicant to conduct a business or trade school in accordance with this chapter. Upon approval of such applicant and the issuance of a certificate to conduct a private business or trade school, the Department of Education shall notify the Secretary of State of such approval. At any time that a certificate of approval is denied or revoked by the Department of Education, the applicant for that certificate shall no longer be authorized to conduct classes as a private business or trade school in the State, other provisions of a corporate charter notwithstanding.
14 Del. C. 1953, §  8527;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8528. Previously existing schools; temporary authorization.

§ 8528. Previously existing schools; temporary authorization.
Repealed effective July 13, 2002, by § 190 of 71 Del. Laws, c. 180, as affected by 72 Del. Laws, c. 433, § 1.
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8529. Certain schools exempt.

§ 8529. Certain schools exempt.
Any institution whose main facilities are located in the State and which was approved by the Department of Education in compliance with § 125 of Title 8, prior to July 18, 1972, shall be exempt from this chapter. Apprenticeship and training programs offered or conducted by persons, partnerships, joint ventures, corporations, political subdivisions, employers or employer associations for their employees or prospective employees or by labor organizations or associations of employees for their members or apprentices shall be exempt from this chapter.
14 Del. C. 1953, §  8529;  58 Del. Laws, c. 544;  71 Del. Laws, c. 180, §  190;
2023 Delaware Code › Title 14 - Education › Chapter 85. PRIVATE BUSINESS AND TRADE SCHOOLS › § 8530. Ceasing operation.

§ 8530. Ceasing operation.
All schools that have been approved to operate under this chapter shall perform the duties set forth in § 192 of this title prior to ceasing operation.
65 Del. Laws, c. 103, §  1;  71 Del. Laws, c. 180, §  190;  74 Del. Laws, c. 255, §§  1-4;  83 Del. Laws, c. 401, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8601. Purpose.

§ 8601. Purpose.
(a) It is the purpose of the General Assembly of the State, through this chapter, to establish and maintain the Delaware Advisory Council on Career and Technical Education, referred to as “DACCTE” throughout this chapter. DACCTE is established to advise the Governor, General Assembly, Secretary of Education, and the State Board of Education on all matters pertaining to career and technical education with emphasis on recommending policies and initiatives that should be pursued to strengthen and modernize the career and technical education delivery system.
(b) Further, it is the intent and purpose of the General Assembly to provide an objective agency to conduct evaluations and program reviews and serve as a clearinghouse for state and national information on career and technical education, to provide citizens of this State access to the experience and judgment of lay and professional groups from the fields of employment and education in the formation of public policies.
14 Del. C. 1953, §  8601;  59 Del. Laws, c. 204, §  1;  75 Del. Laws, c. 44, §  1;  82 Del. Laws, c. 206, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8602. Membership.

§ 8602. Membership.
(a) (1) The Governor shall appoint all voting DACCTE members, who serve at the Governor's pleasure. The voting members must represent, at a minimum, the following:
a. An individual knowledgeable about the vocational needs and the problems of management and labor in the State.
b. An individual representing an industrial and economic development agency.
c. An individual representing an institution of higher education.
d. An individual representing an institution that provides programs of career and technical education and training.
e. An individual knowledgeable about programs in technical and career education.
f. An individual representing a school board.
g. An individual knowledgeable about students with disabilities.
h. An individual representing business and industry and familiar with current and projected employment opportunities.
i. An individual representing a career and technical student organization.
j. An individual representing the Delaware National Guard.
k. An individual representing the general public, with a demonstrated interest in public education.
l. An individual to serve as chair.
(2) The Governor may not appoint a member to represent more than 2 of the membership qualifications under paragraph (a)(1) of this section.
(3) The Secretary of the Department of Education shall appoint the following nonvoting DACCTE members:
a. A representative of the Department of Education.
b. A student enrolled in a Delaware career and technical education program, whose term is for 1 school year. The Secretary shall consider geographical and other diversities in appointing this member.
(b) A member may be removed by the member's appointing authority for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of Board meetings in a calendar year. The member's appointing authority may consider the member to have resigned, and may accept the member's resignation.
14 Del. C. 1953, §  8602;  59 Del. Laws, c. 204, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 44, §  1;  82 Del. Laws, c. 206, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8603. Duties and responsibilities.

§ 8603. Duties and responsibilities.
DACCTE shall do all of the following:
(1) Advise policymakers on the development of the State Plan for Career and Technical Education and amendments to the State Plan.
(2) Recommend policies that the State should pursue to strengthen career and technical education and related initiatives.
(3) Evaluate career and technical education programs, services, activities, and career initiatives throughout the State.
(4) Provide technical assistance to local school districts, agencies, and other organizations to enhance and improve the career and technical education delivery system.
(5) Analyze and report on the distribution of funds for career and technical education and on the availability of career and technical education activities and services within the State.
(6) Promote coordination, collaboration, and effective partnerships among business, industry, labor, education, and employment and training programs to help meet the economic needs of the State.
(7) Disseminate relevant career information to teachers, counselors, students, and the general public.
(8) Schedule and conduct at least 4 regular meetings each year at which the public is given opportunity to express views concerning career and technical education. The Council shall determine the time, place, and manner of meeting.
14 Del. C. 1953, §  8603;  59 Del. Laws, c. 204, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  191;  75 Del. Laws, c. 44, §  1;  82 Del. Laws, c. 206, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8604. Acceptance of and compliance with federal and state legislation and regulations.

§ 8604. Acceptance of and compliance with federal and state legislation and regulations.
(a) DACCTE shall comply with the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) [20 U.S.C. § 2301 et seq.] and subsequent reauthorization thereof. DACCTE is subject to requirements of the Carl D. Perkins Career and Technical Education Act of 2006, implementing regulations thereto, and any state laws or regulations related to career and technical education. As used in this title, “career and technical education” has the same meaning as “vocational-technical education.”
(b) The State Treasurer is the fiscal agent for DACCTE and shall make disbursements upon the order of the Council to carry out its functions.
14 Del. C. 1953, §  8604;  59 Del. Laws, c. 204, §  1;  75 Del. Laws, c. 44, §  1;  79 Del. Laws, c. 83, §  3;  82 Del. Laws, c. 206, § 4;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8605. Member reimbursement.

§ 8605. Member reimbursement.
Members serve without pay and may be reimbursed for travel in connection with their responsibilities.
14 Del. C. 1953, §  8605;  59 Del. Laws, c. 204, §  1;  75 Del. Laws, c. 44, §  1;  82 Del. Laws, c. 206, § 5;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8606. Staff.

§ 8606. Staff.
The Council may obtain the services of professional, technical, and clerical personnel and to contract for such services as may be necessary to carry out the duties and responsibilities of this chapter.
14 Del. C. 1953, §  8606;  59 Del. Laws, c. 204, §  1;  75 Del. Laws, c. 44, §  1;  82 Del. Laws, c. 206, § 6;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8607. Meetings; quorum.

§ 8607. Meetings; quorum.
(a) DACCTE shall schedule no less than 3 meetings per year after regular business hours at locations in each of the 3 counties of this State.
(b) A majority of the voting DACCTE members must be present at a meeting in order to have a quorum and conduct official business. The nonvoting members or a vacant position are not counted for quorum purposes.
82 Del. Laws, c. 206, § 7;
2023 Delaware Code › Title 14 - Education › Chapter 86. DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION › § 8608. School monitoring.

§ 8608. School monitoring.
DACCTE shall do all of the following:
(1) Create a 2-year, rotating career and technical education program monitoring schedule.
(2) Conduct on-site monitoring visits of schools.
(3) Post all final reports regarding the program monitoring under this chapter to DACCTE's website.
82 Del. Laws, c. 206, § 7;