reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 401. Establishment; statement of purpose [For application of this section, see 83 Del. Laws, c. 316, § 3].

§ 401. Establishment; statement of purpose [For application of this section, see 83 Del. Laws, c. 316, § 3].
(a) There is hereby established an enrollment choice program within the public school system of this State.
(b) In establishing this program, it is the goal of the General Assembly to increase access to educational opportunity for all children throughout the State regardless of where they may live. It is therefore the intent of the General Assembly that this chapter be construed broadly to maximize parental choice in obtaining access to educational opportunities for their children.
(c) For the school year commencing July 1, 1996, and each succeeding school year, a parent residing within this State may enroll that parent's child in a public school in any reorganized school district, vocational-technical school district, or charter school in the manner provided in this chapter.
(d) The forms prescribed and policies adopted pursuant to this chapter shall be available on the websites of the reorganized school districts, vocational-technical school districts, charter schools, and the Department of Education, and the online application.
70 Del. Laws, c. 180, §  3;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 35, §  1;  83 Del. Laws, c. 316, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 404. Receiving district and local education agency procedures.

§ 404. Receiving district and local education agency procedures.
(a) Within 10 working days after an application deadline, the receiving district shall transmit a notice to the district of residence that it has received the application.
(b) The board of the receiving local education agency shall take action no later than the last day of February of the school year preceding enrollment to approve or disapprove an application for admission to a program in grades 1 through 12, and no later than June 15 of the school year preceding enrollment to approve or disapprove an application for admission to a kindergarten program. Charter schools, vocational-technical school districts, and magnet schools may act on applications accepted in accordance with the provisions of § 403(a) of this title to fill remaining availability.
(c) With respect to any application filed in accordance with the provisions of § 403(b) of this title, the board of the receiving local education agency shall take action to approve or disapprove the application no later than 45 days after receipt thereof, unless the application is received prior to a lottery conducted as outlined in a local education agency's enrollment policy in the case of over-enrollment.
(d) The board of the receiving local education agency shall transmit a notice of the board's action to the parent of the child, and to the board of the district of residence within 5 working days after board action.
(e) The parent who applied for the child shall notify the board of the receiving local education agency in writing no later than the third Friday in March, whether an offer is accepted or rejected.
(f) No later than November 30 of each year, the board of each receiving district shall transmit to the Department of Education notice of the capacity of each school in the receiving district for the following academic year and the projected enrollment for the following academic year. The capacity and projected enrollment figures may be revised until January 30. For the purposes of this subsection, “capacity” shall have the same meaning as set forth in § 405(d) of this title, and “projected enrollment” shall mean the total number of returning students and new attendance zone students the receiving district anticipates will enroll for the following academic year.
(g) No later than October 31 of each year, each receiving district shall hold at least 1 public information session about choice opportunities available in schools and programs in that district for the coming academic year.
70 Del. Laws, c. 180, §  3;  70 Del. Laws, c. 387, §  2;  79 Del. Laws, c. 35, §  4;  79 Del. Laws, c. 267, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 406. Racial balance.

§ 406. Racial balance.
(a) If approval of all of the applications for transfer into or out of a district would result in the district being out of compliance with any applicable court-ordered desegregation plan, the district shall establish the number of majority and minority group pupils who may transfer into or out of the district.
(b) Any action by the board of the district of residence to disapprove the application pursuant to this section shall be taken no later than March 15 of the school year preceding enrollment.
(c) The board of the district of residence shall transmit a notice of the board's action pursuant to this section to the parent within 5 working days after board action.
70 Del. Laws, c. 180, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 409. Transportation.

§ 409. Transportation.
(a) The parent of any child enrolled in a district other than the district of residence, or enrolled in a school within the district of residence other than the school in which the child would normally be enrolled based upon the residence of the child's parent or parents, shall be responsible for transporting the child without reimbursement to and from a point on a regular bus route of the receiving district.
(b) A child in grades 6 through 12 may use an annual student bus pass under § 2901(c) of this title.
70 Del. Laws, c. 180, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 132, §  369;  71 Del. Laws, c. 180, §  22;  76 Del. Laws, c. 280, §  404;  82 Del. Laws, c. 188, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 410. Interscholastic sports.

§ 410. Interscholastic sports.
(a) A student enrolled in grades 10 through 12, inclusive, in a receiving local education agency shall not be eligible to participate in interscholastic athletic contests or competitions during the first year of enrollment in any receiving local education agency if the student was enrolled in a different receiving local education agency during the preceding school year unless the interscholastic sport in which the student wishes to participate is not offered in the receiving local education agency in which the student was enrolled in the previous school year.
(b) The Board of Directors of the Delaware Interscholastic Athletic Association may waive the ineligibility in subsection (a) of this section if the Board of Directors determine, in accordance with its rules and regulations, that the standards for granting a waiver have been met.
(c) A waiver of subsection (a) of this section is not required for a student who transfers to and enrolls in grades 10 through 12 in a receiving local education agency that is a charter school:
(1) In the charter school's first year of operation; or
(2) In the charter school's first year of serving grades 10, 11, or 12.
70 Del. Laws, c. 180, §  3;  81 Del. Laws, c. 72, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 411. Pupils suspended, expelled, or truant in district of residence.

§ 411. Pupils suspended, expelled, or truant in district of residence.
If a child for whom an application has been submitted pursuant to this chapter has been suspended or expelled, or has been absent from school without a valid excuse for more than 15 school days during a school year, in the district of residence, the board of the receiving district may, in its sole discretion, refuse to consider the application or refuse to approve the application, or refuse to enroll the child in the receiving district until the child has been reinstated in the district of residence, provided, however that nothing in this section shall be construed to enlarge upon the authority of any district to accept for re-enrollment any student who has been expelled from a school district in this State, as such authority is limited by the provisions of § 4130 of this title. “Valid excuse” shall have the same meaning as in § 2721 of this title.
70 Del. Laws, c. 180, §  3;  79 Del. Laws, c. 35, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 412. Credits; graduation.

§ 412. Credits; graduation.
A pupil who has been enrolled in a receiving district and who has met that district's graduation requirements shall be granted a diploma by that district. That district shall accept credits toward graduation requirements that were awarded by another district.
70 Del. Laws, c. 180, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM › § 414. Intra-district choice.

§ 414. Intra-district choice.
Where the district of residence includes more than one school or more than one program within any school providing instruction at a given grade level, a parent of a child entering such grade level may apply to enroll that parent's own child in any public school program within the district of residence other than the program in which the child would normally be enrolled based on the child's place of residence in the manner provided in this chapter, and in such cases, the district of residence shall also be considered to be the receiving district for all purposes of this chapter, except that the provisions of § 408 of this title shall not apply to any such applications or changes in enrollment.
70 Del. Laws, c. 180, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 4A. Uniform Public School Registration Process › § 401A. Definitions.

§ 401A. Definitions.
For purposes of this chapter:
(1) “Charter school” means a public school established under Chapter 5 of this title.
(2) “Department” means the Department of Education.
(3) “Parent” means a natural parent, an adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title.
(4) “Public school” means a school district or charter school.
(5) “Receiving local education agency” means as defined under § 402 of this title.
(6) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education.
83 Del. Laws, c. 252, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 4A. Uniform Public School Registration Process › § 402A. Establishment of a uniform public school registration process.

§ 402A. Establishment of a uniform public school registration process.
(a) The Department shall establish a uniform public school registration process to be used by a parent to register a child for school in the public school system for the first time. The process must meet the requirements under §§ 403A and 404A of this title.
(b) Beginning the 2023 through 2024 school year, all public schools shall use the uniform public school registration process and shall enable registration access to that year, and each subsequent school year, before the application period for the school district enrollment choice program under § 403 of this title begins.
(c) The Department shall seek feedback from public schools and parents to guide ongoing improvements to the uniform public school registration process.
83 Del. Laws, c. 252, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 4A. Uniform Public School Registration Process › § 403A. Uniform public school registration process and information collection requirements.

§ 403A. Uniform public school registration process and information collection requirements.
(a) The uniform public school registration process established under § 402A of this title must meet both of the following:
(1) Be available through the Internet and in paper form.
(2) Be available in English and Spanish.
(b) The uniform public school registration process established under § 402A of this title may be made available in languages in addition to English and Spanish.
(c) The uniform public school registration process established under § 402A of this title must include all of the documents required to be completed by a parent who is registering a child for public school for the first time and must permit a public school to require additional information or documents. Additional information or documents required by a public school must be approved by the Secretary of the Department.
(d) If a child is entering pre-kindergarten or kindergarten, the uniform public school registration process established under § 402A of this title must collect information related to the types of early learning experiences the child has had before entering pre-kindergarten or kindergarten, including the duration and time attended for each experience.
(e) A public school must be certified by the Department as completing the training provided under § 405A(1) of this title before providing paper forms as part of the uniform public school registration process.
(f) The Department shall provide to each public school information about the uniform public school registration process that the public school must post on the public school's website and include in other publications produced by the public school.
(g) After a parent has completed the registration process, the public school shall provide the parent with all of the following information, as applicable:
(1) The public school in which the parent's child is enrolled.
(2) The specific school to which the parent's child is assigned based on the child's place of residence.
(3) Information about the school choice process under Chapter 4 of this title, including that the school choice process is a process separate from the uniform public school registration process.
83 Del. Laws, c. 252, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 4A. Uniform Public School Registration Process › § 404A. Internet-based uniform public school registration process requirements.

§ 404A. Internet-based uniform public school registration process requirements.
(a) The internet-based uniform public school registration process established under § 403A of this title must do all of the following:
(1) Require a parent to do the following:
a. Complete the online registration process.
b. Provide proof of immunizations.
c. For a registration of a child in prekindergarten or kindergarten, provide a completed common statewide physical exam form that includes all up-to-date American Academy of Pediatrics Bright Futures Schedule of Periodicity screening and preventative recommended measures. The common statewide physical exam form must include information to prove lead screening as required by Chapter 26 of Title 16.
d. Provide a birth certificate.
e. Provide proof of residency documents.
f. For registration of a child in prekindergarten or kindergarten, provide a completed statewide, approved developmental screening that includes social and emotional components and is less than 12 months old at the time of submission or complete the developmental screening as part of the registration process.
(2) Record the date a parent registers a child for the first time.
(3) Report the number of children registered during a given month.
(4) Within 48 hours of a request to transfer information, enable information provided by a parent to be transferred, with parental approval and on verification of contact and residency information, to another public school when a child's school district of residence changes or a parent applies to enroll the parent's child in a receiving local education agency under Chapter 4 of this title.
(5) Permit any relevant personal document, including a birth certificate, required by a public school to be uploaded using the internet-based uniform public school registration process.
(b) A public school shall provide computer access so that a parent may use the internet-based uniform public school registration process to register a child for school in the public school system for the first time.
83 Del. Laws, c. 252, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 4A. Uniform Public School Registration Process › § 405A. Department duties.

§ 405A. Department duties.
The Department shall:
(1) Provide training on the uniform public school registration process established under this chapter to public school employees who are assigned to assist parents with the uniform public school registration process, including specific training related to the paper-based, in-person registration process.
(2) Issue guidelines for privacy of information submitted as part of the uniform public school registration process.
83 Del. Laws, c. 252, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 501. Legislative intent.

§ 501. Legislative intent.
The purpose of this chapter is to create an alternative to traditional public schools operated by school districts and improve public education overall by establishing a system of independent “charter” schools throughout the State.
To that end, this chapter offers members of the community a charter to organize and run independent public schools, free of most state and school district rules and regulations governing public education, as long as they meet the requirements of this chapter, and particularly the obligation to meet measurable standards of student performance. Schools established under this chapter shall be known as “charter schools.”
This chapter is intended to improve student learning; encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community.
There shall be no limit to the number of charter schools that may be established in the State; provided, however, that no more than 5 such schools may be established to operate in the 1996-1997 school year, and that no more than 5 additional charter schools may be established to operate in the 1997-1998 school year, and that no more than 5 additional charter schools may be established to operate in the 1998-1999 school years. If for any school year more charters are awarded than are permitted to operate by this section, the Department of Education shall hold a lottery to decide which charters are permitted to operate in such school year and charter applicants who lose such lottery shall be given a right of refusal for a charter for the subsequent school year.
70 Del. Laws, c. 179, §  2;  71 Del. Laws, c. 180, §  23;  73 Del. Laws, c. 164, §  23;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 502. Potential charter organizers.

§ 502. Potential charter organizers.
This legislation is intended to encourage any person, university, college, or nonreligious, non-home-based, nonsectarian entity that can meet the requirements of this chapter to form a charter school. No private or religiously affiliated school may apply to become a charter school.
70 Del. Laws, c. 179, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 503. Legal status.

§ 503. Legal status.
A charter school is a public school including 2 or more of grade kindergarten through 12 managed by a board of directors, which operates independently of any school board, under a charter granted for an initial period of 4 school years of operation and renewable every 5 school years thereafter by a public school district or the State Department of Education (hereinafter in this chapter, “Department”) with the approval of the State Board of Education (hereinafter in this chapter, “State Board”), pursuant to this chapter. For purposes of this chapter as it relates to the management of a charter school, the board of directors of a charter school shall be a public body subject to the requirements of Chapter 100 of Title 29 and shall have the same standing and authority as a Reorganized School District Board of Education, except the power to tax.
70 Del. Laws, c. 179, §  2;  71 Del. Laws, c. 180, §  24;  73 Del. Laws, c. 164, §  1;  74 Del. Laws, c. 360, §  1;  79 Del. Laws, c. 321, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 504. Corporate status.

§ 504. Corporate status.
(a) A charter school shall be organized and managed under the Delaware General Corporation Law.
(b) The board of directors of a charter school shall be deemed public agents authorized by a public school district or the Department with the approval of the State Board to control the charter school. No person shall serve as a member of a charter school board of directors who is an elected member of a local school board of education.
(c) A charter school shall be considered a public school for all purposes.
(d) A charter school may sue or be sued to the same extent and on the same conditions as a public school district, and its employees, directors and officers shall enjoy the same immunities as employees, directors and officers of public school districts and other public schools. The approving authority of a charter school shall have no liability for the actions or inaction of a charter school.
70 Del. Laws, c. 179, §  2;  71 Del. Laws, c. 180, §  25;  72 Del. Laws, c. 118, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 504B. Open meetings.

§ 504B. Open meetings.
(a) For purposes of this section:
(1) “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session.
(2) “School board” means the board of directors of a charter school.
(b) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment.
84 Del. Laws, c. 14, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 505. Exemptions; rules and regulations.

§ 505. Exemptions; rules and regulations.
(a) Except as otherwise specified in this chapter and title, a charter school is exempt from all provisions of this title except the provisions of Chapter 31 of this title, and all regulations of any board of education of a reorganized school district, although a charter school may elect to comply with 1 or more such provisions.
(b) The Department of Education shall have the authority to promulgate rules and regulations that would further define the application, approval criteria and processes.
70 Del. Laws, c. 179, §  2;  72 Del. Laws, c. 118, §  1;  73 Del. Laws, c. 164, §  6;  73 Del. Laws, c. 313, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 508. Responsibility for student transportation.

§ 508. Responsibility for student transportation.
(a) (1) A charter school may do 1 of the following:
a. Request to have the school district where the charter school is located transport students residing in that district, at fair cost, to and from the charter school on the same basis offered to other students attending schools operated by the district.
b. Receive from the State a payment equal to 70% of the average cost per student of transportation within the vocational district in which the charter school is located and become responsible for the transportation of those students to and from the charter school.
(2) A school district receiving a request under paragraph (a)(1)a. of this section from a charter school may deny the request.
(3) If a school district denies a request under paragraph (a)(2) of this section, the charter school is to receive the payment under paragraph (a)(1)b. of this section.
(b) If a charter school utilizes a contractor for student transportation, the charter school may do any of the following:
(1) Publically bid the transportation routes, either alone or with other local education agencies.
(2) Negotiate a contract for 1 or more years for contractor payment for school transportation up to the maximum rate under subsection (a) of this section.
a. If a transportation contract includes a fuel adjustment provision, the charter school is responsible for increased payments to the contractor.
b. If a transportation contract is for multiple years, all of the following apply:
1. Funding for the contract is guaranteed by state funds for the first year of the contract.
2. Funding for each year after the first year of the contract is a local commitment until the allocation under subsection (a) of this section is determined for that year.
(c) A charter school may choose to offer annual student bus passes under § 2901(c) of this title.
(d) Notwithstanding any provisions under this section, a student at a charter school shall receive such transportation assistance as is made available to students pursuant to a public school choice program established by this Code provided that such student otherwise meets the eligibility requirements for such assistance.
(e) If a charter school chooses to transport students itself, the charter school shall do so in accordance with all public school transportation safety regulations.
(f) Local school districts and charter schools shall cooperate to ensure that the implementation of this chapter does not result in inefficient use of state appropriations for public school transportation and the State Board shall exercise its authority to approve bus routes so as to avoid such waste.
70 Del. Laws, c. 179, §  2;  71 Del. Laws, c. 132, §  373;  73 Del. Laws, c. 312, §  314;  75 Del. Laws, c. 89, §  407;  76 Del. Laws, c. 280, §  405;  78 Del. Laws, c. 290, §  334;  82 Del. Laws, c. 188, § 2;  84 Del. Laws, c. 29, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 510. State assistance.

§ 510. State assistance.
(a) The Department of Education shall distribute information announcing the availability of the charter school program, explaining the powers and responsibilities of a charter school contained in this chapter, and describing the application process to each school district and public post-secondary educational institution, and through press releases to each major newspaper in the State.
(b) The Department of Education shall provide technical assistance to potential charter school applicants upon request.
(c) The Department of Education shall provide technical and other forms of assistance to charter schools on the same basis as to school districts.
(d) The Department of Education shall, in concert with the approving authority and the applicant, apply for available federal or foundation grants providing funding for the planning and start-up of charter schools and the Department of Education shall administer such funds as may be appropriated by the General Assembly for the purpose of assisting in the planning and start-up of charter schools.
70 Del. Laws, c. 179, §  2;  71 Del. Laws, c. 180, §  27;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 514. State reports on the charter school program.

§ 514. State reports on the charter school program.
Annually, the Department shall prepare a report for the Governor, the General Assembly, and the State Board of Education on the success or failure of charter schools and propose changes in state law necessary to improve or change the charter school program. Such report shall contain a section comparing the per student expenditures of charter schools, considering all sources of such expenditures, with those of other public schools. Such report shall also contain:
(1) The Secretary of Education's analysis of, recommendations relating to, and proposed changes relating to Delaware education laws, in light of the content of annual reports submitted pursuant to § 513 of this title; and
(2) The Secretary's assessment of specific opportunities and barriers relating to the implementation of charter schools' innovations in the broader Delaware public education school system.
70 Del. Laws, c. 179, §  2;  71 Del. Laws, c. 180, §  31;  79 Del. Laws, c. 128, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 516. Revocation criteria.

§ 516. Revocation criteria.
Approved charters shall be subject to revocation or probation, after the exercise of due diligence and good faith, only for the following reasons:
(1) The school, or its representatives, has committed a material fraud on the approving authority or misappropriated federal, state or local funds; or
(2) The school fails to comply with its charter or to satisfy, in its operation of the school, the criteria set forth in § 512 of this title.
70 Del. Laws, c. 179, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 517. Charter transfer to different authorizer.

§ 517. Charter transfer to different authorizer.
Transfer of a charter, and of oversight of that public charter school, from 1 authorizer to another before the expiration of the charter term shall require a petition by the public charter school or its authorizer to the new authorizer. A petition to transfer is considered a major modification and will follow the same timelines and hearing process as a major modification.
78 Del. Laws, c. 187, §  10;
2023 Delaware Code › Title 14 - Education › Chapter 5. CHARTER SCHOOLS › § 518. Oversight and revocation for multiple charter holders.

§ 518. Oversight and revocation for multiple charter holders.
For purposes of §§ 515 and 516 of this title, each charter held by a common board of directors shall be treated separately and individually.
78 Del. Laws, c. 187, §  11;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 601. Definitions.

§ 601. Definitions.
For the purpose of this chapter the following terms shall have the following meanings:
(1) “Receiving district” shall mean any reorganized school district which enrolls in its schools any pupil who is not a resident of such “receiving district.”
(2) “Residence”. — A pupil shall be considered a resident of the reorganized school district based on meeting the residency qualifications established by § 202 of this title.
(3) “Sending district” shall mean any reorganized school district which sends to the schools of a “receiving district” any pupil who is not a resident of such “receiving district.”
14 Del. C. 1953, §  601;  52 Del. Laws, c. 134, §  1;  57 Del. Laws, c. 113;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 299, §  3;  78 Del. Laws, c. 5, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 603. Exceptions and claims.

§ 603. Exceptions and claims.
(a) This chapter shall not apply when the payment or acceptance of such tuition charge is contrary to any educational program involving the use of federal matching funds which prohibits the payment or acceptance of such tuition.
(b) Section 602(a) and (b) of this title shall not apply to children with disabilities as defined in Chapter 31 of this title. Such children shall be subject to § 604(a) and (b) of this title.
(c) When a student has transferred to a new district pursuant to the voluntary transfer provisions, the sending district shall immediately upon request of the receiving district transfer the student's records to the receiving district.
14 Del. C. 1953, §  603;  52 Del. Laws, c. 134, §  1;  53 Del. Laws, c. 95;  53 Del. Laws, c. 142, §  3;  53 Del. Laws, c. 433;  57 Del. Laws, c. 113;  60 Del. Laws, c. 486, §  2;  61 Del. Laws, c. 32, §  6;  61 Del. Laws, c. 260, §§  5, 6;  71 Del. Laws, c. 180, §  33;  78 Del. Laws, c. 5, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 604. Special programs.

§ 604. Special programs.
(a) If any pupil is counted in the preschool, intensive or complex unit and attends school in a program operated by a district other than that in which the pupil resides, by an agency of the Department of Education or is in an approved private placement pursuant to § 3124 of this title, the receiving district or the Department of Education shall collect a tuition charge for the nonresident pupil, provided approval for attendance has been granted by the sending district. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax levied for this specific purpose, except that in the case of a district assigned by the Department with the approval of the State Board of Education to administer a school or program for children with disabilities, or special programs approved by the Department of Education for persons without disabilities such as programs for bilingual students or programs for pregnant students, the district so assigned shall be both the sending and receiving district in regard to that school or program and is authorized to collect tuition charges accordingly.
(b) In determining the tuition to be charged for a pupil counted in the preschool, intensive or complex units or for a person without disabilities attending approved special programs, such as bilingual programs or programs for pregnant students operated by a district other than that in which the student resides or by an agency of the State Department of Education, the receiving district or the State Department of Education shall compute the tuition by adding such receiving district's share of educational related expenses as allowed by the Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the special program as of September 30 of the current school year. The resulting figure shall represent the amount of the “tuition charge” per pupil.
(c) In determining the tuition charged to the sending district in the case of private placement for children with disabilities, tuition will be defined as in § 3124 of this title and the sending district will be charged 30 percent of the total tuition cost. The remaining 70 percent will be covered through funding provided by the State Department of Education from the annual appropriation for this purpose.
(d) Section 602(c)-(e) of this title shall apply to this section.
14 Del. C. 1953, §  604;  53 Del. Laws, c. 142, §  4;  57 Del. Laws, c. 113;  57 Del. Laws, c. 206, §  4;  62 Del. Laws, c. 191, §  1;  68 Del. Laws, c. 84, §  219;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  34-36;  72 Del. Laws, 1st Sp. Sess., c. 257,, §  1;  72 Del. Laws, c. 395, §§  373, 376, 377;  73 Del. Laws, c. 312, §§  301, 302;  73 Del. Laws, c. 321, §§  6, 7;  78 Del. Laws, c. 5, §§  6-10;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 605. Inmates of children's homes or institutions.

§ 605. Inmates of children's homes or institutions.
(a) The school board of any reorganized school district in which there is located any orphans' home, home for the friendless, children's home, other institutions for the care of orphans or other children or any institution to which children are assigned by any court for any reason, may at the discretion of such board permit any children who are inmates of such homes or institutions but not legal residents in such district to attend the public schools in said district; and the district of residence shall be liable for the tuition of such pupils.
(b) If a charge is made by any reorganized school district for tuition for the inmates of any homes or institutions who are in attendance in such district's schools, the officers of the homes or institutions shall submit to the school board a sworn statement setting forth the names, ages and school district liable for tuition of all children who desire to attend public schools in the district, and who are inmates thereof as of September 30 of each year, together with a blank acknowledging or disclaiming residence signed by the secretary of the reorganized school district in which the home or institution declares the legal residence of the children to be. If the sending district does not return the said blank with an acknowledgment or disclaimer within 30 days from the time it was mailed, the Secretary of Education shall withhold from Division III entitlement the tuition for such inmates from the district of residence upon receipt of a sworn statement setting forth the names, ages, tuition charges and district of legal residence, such sworn statement to be furnished by the receiving district.
14 Del. C. 1953, §  605;  58 Del. Laws, c. 33;  71 Del. Laws, c. 180, §  37;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 606. Out-of-state students.

§ 606. Out-of-state students.
A child with a disability who is a resident of a state or country other than Delaware or the United States of America may be accepted, at the discretion of the receiving district, to attend a Delaware school under the following restrictions:
(1) Children with disabilities, only, as defined in § 3101 of this title, or for whom units are specified in § 1703 of this title, may be accepted for admission to a district to receive special education and related services after the receipt of certification from the Secretary of Education that provisions have been made for all eligible state students;
(2) Full tuition costs as determined annually by the Secretary of Education shall be paid in advance by semester by the out-of-state or out-of-country school district, state or national agency or parent. The tuition cost shall reflect all state, local district and federal expenditures for the education of children with disabilities counted in preschool, intensive or complex units, excluding pupil transportation costs which shall not be the responsibility of the receiving Delaware school district or the State. State costs shall be reimbursed to the General Fund of the State and local district costs shall be retained by the receiving district.
60 Del. Laws, c. 212, §  1;  71 Del. Laws, c. 180, §  37;  78 Del. Laws, c. 5, §§  11-13;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 607. Children of district employees who reside out-of-state.

§ 607. Children of district employees who reside out-of-state.
(a) Out-of-State children whose parent or legal guardian is employed on a full-time basis by any reorganized school district may attend school in the district where the parent or guardian is employed during the period of the parent or guardian's employment upon written approval of the receiving district and payment of tuition if charged by the district. Such children may not be included in the annual unit count for state funding purposes.
(b) Tuition charges, if imposed, shall be computed and certified by the Secretary of Education in accordance with § 602(b) and (c) of this title.
70 Del. Laws, c. 118, §  320;  71 Del. Laws, c. 180, §  37;
2023 Delaware Code › Title 14 - Education › Chapter 6. TUITION CHARGES › § 608. Applicability of chapter.

§ 608. Applicability of chapter.
The provisions of this chapter shall not apply to any transfers, re-assignments, or enrollment changes made with respect to any student under the provisions of Chapter 4 of this title, nor to any transfers, re-assignments, or enrollment changes made with respect to any vocational-technical centers or schools established pursuant to § 205 of this title.
70 Del. Laws, c. 180, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 7. LAWFUL AUTHORITY OF TEACHERS OVER PUPILS › § 702. Corporal punishment.

§ 702. Corporal punishment.
(a) “Corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment” includes, but is not limited to, paddling and slapping, when used as a means of discipline.
(b) No public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment.
(c) Subsection (b) of this section does not prohibit a public school teacher, administrator, official employee or agent of a school board from:
(1) Using reasonable and necessary force to quell a disturbance, including but not limited to a physical altercation, or prevent an act that threatens imminent bodily harm to any person;
(2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a student's control;
(3) Using reasonable and necessary force for the purpose of self-defense or the defense of others under §§ 464 and 465 of Title 11;
(4) Using reasonable and necessary force for the protection of property under § 466 of Title 11;
(5) Using reasonable and necessary force to prevent a student from imminently inflicting bodily harm on that student's own self;
(6) Using reasonable and necessary force to protect the bodily safety of others; or
(7) Using incidental or minor physical contact necessary to maintain order and control.
(d) In determining whether or not a person was acting within the exceptions in subsection (c) of this section, deference shall be given to reasonable, good faith judgments made by the teacher, administrator, official employee or agent.
(e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher, administrator, official employee or agent of the School Board with regard to a person who is not a student enrolled in the school district.
(f) For purposes of this section, the term “reasonable and necessary” shall be interpreted in conformity with applicable limitations established by § 4112F of this title.
74 Del. Laws, c. 17, §  4;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 54, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 8. SCHOOL SHARED DECISION-MAKING › § 801. Definitions.

§ 801. Definitions.
As used in this chapter,
(1) “School community” shall mean a community comprised of the stakeholders responsible for providing and structuring a child's education; specifically, the board of education at the district level, certified and noncertified school employees, parents, community members and, as appropriate, students.
(2) “Shared decision-making” shall mean an inclusive, representative decision-making process in which members of the school community at the school and district levels participate as equals. Shared decision-making may occur at all levels of a school system.
(3) “Structured conversations and activities” shall mean ongoing opportunities for representatives of the entire school community, as defined herein, to collectively and collaboratively explore and become knowledgeable about the processes, systems and governance structures commonly associated with shared decision-making; to identify the skills, knowledge and attitudes which promote successful shared decision-making; to review the research related to the successes and shortcomings of shared decision-making in educational settings; and to determine the readiness and commitment of the various groups within the school community to proceed with shared decision-making as a means to achieve the goal of improved teaching and student learning and improved school safety and discipline. The use of professional facilitators to conduct such conversations is advisable and the Department of Education and local districts shall collaborate with other educational stakeholder groups to make such facilitators available at reasonable costs to districts and schools for such purposes.
70 Del. Laws, c. 457, §  1;  71 Del. Laws, c. 180, §  38;
2023 Delaware Code › Title 14 - Education › Chapter 8. SCHOOL SHARED DECISION-MAKING › § 805. School transition plans and grants.

§ 805. School transition plans and grants.
(a) A school community which chooses to begin transition to shared decision-making, as defined herein, may apply to the Department of Education via the local board of education for a school transition grant. The State shall provide funding for such grants as authorized in § 807(d) and (e) of this title.
(b) The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of school transition grants, based upon the recommendations of an advisory committee comprised of representatives of the school community, and promulgate such guidelines by January 1, 1997. The guidelines shall require, but not be limited to, specifying that the school demonstrates that the school has:
(1) Conducted structured conversations and activities and has agreed to make the transition to shared decision-making as evidenced by the Report and Recommendation signed by representatives of the School Advisory Committee as specified in § 804(c)-(e) of this title;
(2) Established a School Transition Team;
(3) Established a working procedure for the School Transition Team to reach decisions and resolve conflicts;
(4) Validated significant support from members of the school community;
(5) Committed to develop a school improvement plan including comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these goals and including staff development for building the necessary capacities and skills to successfully implement shared decision-making and improve parental involvement;
(6) Established plans for communicating the results of the school improvement plan to the broader school community for information and critical review; and
(7) Described how the various stakeholder groups will formally express their opinion regarding the school transition plan prior to its adoption by the local board of education.
(c) The Department of Education and the relevant local district administration shall provide school transition teams with assistance, guidance and strategies to initiate, develop and formally adopt their transition plans.
(d) The local board of education, following public review and comments, shall adopt the school transition plan unless evidence demonstrates that the school's transition plan is inconsistent with specific provisions of the adopted district transition plan and such disapproval shall extend only to such inconsistent provisions of the school transition plan.
70 Del. Laws, c. 457, §  1;  71 Del. Laws, c. 180, §§  38, 42;
2023 Delaware Code › Title 14 - Education › Chapter 8. SCHOOL SHARED DECISION-MAKING › § 808. Review of district and school plans.

§ 808. Review of district and school plans.
District transition plans and school improvement plans shall be reviewed and evaluated at least every 3 years or more frequently upon a schedule specified within the school's or district's plan to measure continuous progress in achieving the goals specified in the plan. Such review and evaluation shall include the school community. The results of such review and evaluation will be reported in the annual school district and school profiles as specified in this title.
70 Del. Laws, c. 457, §  1;