reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1001. Purpose.

§ 1001. Purpose.
(a) The purpose of this subchapter is to continue the statewide process of reorganization of school districts begun under the School District Reorganization Act of 1968; to preserve the historic concept of semiautonomous locally controlled school districts throughout the State; to provide a procedure for the effective and orderly reorganization of certain existing school districts in Delaware; and to provide a framework of a governance system for such reorganized districts.
(b) It is the further purpose and intent of the General Assembly to establish policy, procedures, standards and criteria under which the State Board of Education is authorized to determine and establish an appropriate reorganized school district or school districts and to implement the reorganization thereof. Any plan or rules and regulations duly adopted in accordance with this subchapter and § 1028(k) of this title by the State Board of Education for its implementation of such a plan shall be binding upon the parties involved in accordance with § 122(a) of this title.
14 Del. C. 1953, §  1001;  56 Del. Laws, c. 292, §  6;  61 Del. Laws, c. 210, §  1;  62 Del. Laws, c. 351, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1002. Definitions.

§ 1002. Definitions.
Unless otherwise defined in this chapter:
(1) “Component former school board” means the board of education of any component former school district or component school district.
(2) “Component former school district” or “component school district” means a school district, as constituted on July 1, 1977, which comprises in whole or in part a reorganized school district on or after July 1, 1978.
(3) “Reorganized school district” or “newly reorganized school district” means a school district which is constituted and established in accordance with this chapter, provided that “reorganized school district” or “newly reorganized school district”, for the purposes of this subchapter and § 1028(k) of this title, shall not include any district specifically created to administer a system of vocational and/or technical education.
(4) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with this chapter.
(5) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area provided that “school district” shall not, for the purposes of this subchapter and § 1028(k) of this title, include any district specifically created to administer a system of vocational and/or technical education.
14 Del. C. 1953, §  1002;  56 Del. Laws, c. 292, §  6;  61 Del. Laws, c. 210, §  1;  62 Del. Laws, c. 351, §  4;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1003. Criteria.

§ 1003. Criteria.
The State Board of Education is hereby authorized and empowered to reorganize school districts pursuant to this chapter. Any such reorganization shall meet at least the following criteria:
(1) Provide a complete instructional program for grades 1 through 12 except as may be provided for vocational and/or technical education;
(2) Be composed of whole component school districts or parts of component school districts or any combination of whole and parts of component school districts without regard to any specific provisions of this chapter which would otherwise require the preservation of the boundaries of any component school district.
14 Del. C. 1953, §  1003;  56 Del. Laws, c. 292, §  6;  61 Del. Laws, c. 210, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1004. Implementation; date of reorganization.

§ 1004. Implementation; date of reorganization.
Whenever any school district is reorganized either by consolidation of whole or parts of whole districts into a new district or districts or by division of a district or by a combination of consolidation and division of districts, the State Board of Education shall set the date upon which the implementation of the reorganized district or districts shall occur, after which date the reorganized district or districts shall be organized and administered according to this title and the school board of the former school district shall be dissolved.
14 Del. C. 1953, §  1004;  56 Del. Laws, c. 292, §  6;  57 Del. Laws, c. 56, §  1;  61 Del. Laws, c. 210, §  1;  62 Del. Laws, c. 351, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1005. Employee's right to fair dismissal; seniority.

§ 1005. Employee's right to fair dismissal; seniority.
Nothing in this chapter shall be deemed to alter or affect in any way either Chapter 14 of this title or the right to terminate the employment of any school employee to whom Chapter 14 of this title does not apply, for cause or for any other reasons not inconsistent with the purpose of this section, except that, for purposes of § 1403 of this title, a teacher as defined in § 1401 of this title who is and has been continuously employed among a district created by a division under § 1028(k) of this title, the district divided under § 1028(k) of this title and 1 of its component former school districts shall be deemed to have been continuously employed by the new district to which that teacher has been assigned for the entire term of that teacher's continuous employment in the several school districts.
14 Del. C. 1953, §  1005;  56 Del. Laws, c. 292, §  6;  61 Del. Laws, c. 210, §  1;  62 Del. Laws, c. 351, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1006. Deployment of school employees in each reorganized school district.

§ 1006. Deployment of school employees in each reorganized school district.
(a) The State Board of Education shall devise a fair and equitable procedure for the deployment of school employees among and within the districts reorganized pursuant to this subchapter and § 1028(k) of this title which will be consistent with the criteria for reorganization set out in § 1003 of this title.
(b) Any school district which is eligible for division pursuant to § 1028(k) of this title shall include in every employment contract into which it enters after July 8, 1980, a statement providing that the contract shall not be binding on any district created by such division.
14 Del. C. 1953, §  1008;  56 Del. Laws, c. 292, §  6;  61 Del. Laws, c. 210, §  1;  62 Del. Laws, c. 351, §  7;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1009. Transfer of property.

§ 1009. Transfer of property.
During the period beginning on the date that an interim board is organized pursuant to § 1007 of this title and ending on the date set by the State Board of Education for the establishment of a new district, any school district being divided shall take the steps necessary to transfer and convey all property that, as determined by the State Board of Education, naturally belongs to the reorganized district and shall make and execute such deed or deeds of conveyance as are necessary to pass to the reorganized district the legal title to all such property, provided that the State Board of Education shall make no determination contrary to § 1028(f) of this title. For purposes of this section, the property upon which a vocational-technical center or school is located and the property constituting such vocational-technical center or school shall be deemed to belong to the vocational-technical school board in the county in which the vocational-technical center or school is located. The transfers herein required shall be concluded not later than 90 calendar days after the establishment of the new reorganized school district.
61 Del. Laws, c. 210, §  1;  62 Del. Laws, c. 351, §§  8, 10;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter I. Reorganization › § 1010-1012. Property, indebtedness and obligation of component former school districts; property held by State Board at time of reorganization; federal funds.

§§ 1010-1012. Property, indebtedness and obligation of component former school districts; property held by State Board at time of reorganization; federal funds.
Repealed by 62 Del. Laws, c. 351, § 8, effective July 8, 1980.
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter II. Reorganized School Districts › § 1021. Types of reorganized school districts.

§ 1021. Types of reorganized school districts.
After July 1, 1969, all school districts in this State shall be known as “reorganized school districts.”
14 Del. C. 1953, §  1021;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter II. Reorganized School Districts › § 1022. Property; legal title.

§ 1022. Property; legal title.
Any reorganized school district constituted and established under this chapter shall have, subject to the laws of this State, the power to purchase, receive, take, lease or otherwise acquire, own, hold, improve and otherwise use real or personal property, or any interest therein and to sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its property or any interest therein. Legal title to property, real and personal, of a reorganized school district shall be held in the name of the reorganized school district.
14 Del. C. 1953, §  1022;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter II. Reorganized School Districts › § 1024. Fiscal year.

§ 1024. Fiscal year.
The fiscal year in each reorganized school district shall begin on July 1 and end on June 30 of the succeeding year.
14 Del. C. 1953, §  1024;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter II. Reorganized School Districts › § 1025. Fixing doubtful or disputed boundaries of reorganized school districts.

§ 1025. Fixing doubtful or disputed boundaries of reorganized school districts.
(a) In case of doubt or controversy as to the correct location of the existing boundary or boundaries of any reorganized school district, the State Board of Education shall fix and establish the boundaries after examining the available records and after due hearing of the owners of the property that may be involved. This section applies where there is uncertainty as to the existing boundaries of a district. The power to change or alter deliberately the boundaries of a reorganized school district is governed by § 1026 of this title.
(b) The State Board of Education shall make and preserve a record of its decisions fixing the boundaries of a reorganized school district in a special book to be kept by it for that purpose and shall file a copy of such record with the Board of Assessment of the county in which the property involved is located.
(c) If the State Board of Education deems it necessary to employ technical assistance in fixing and establishing a doubtful or disputed boundary, it may pay the cost of such technical assistance out of any fund that it may have to its credit that is not specially designated for another purpose.
14 Del. C. 1953, §  1025;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter II. Reorganized School Districts › § 1029. Vocational-technical school districts; school boards.

§ 1029. Vocational-technical school districts; school boards.
(a) Vocational-technical school districts superimposed on other reorganized school districts shall be operated and maintained as other reorganized school districts under the control of the State through its Department of Education as provided in this Code.
(b) In each reorganized vocational-technical school district there shall be a vocational-technical school board which shall have the authority to administer and to supervise all the vocational-technical centers or schools of the vocational-technical school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the vocational-technical centers or schools of the reorganized vocational-technical school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State through its Department of Education as provided in this Code. All vocational-technical centers or schools shall come within the authority of the vocational-technical school board in the county in which they are located.
14 Del. C. 1953, §  1029;  56 Del. Laws, c. 292, §  6;  61 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 180, §  45;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1041. Definitions.

§ 1041. Definitions.
As used in this subchapter:
(1) “Reorganized school district” as used in this subchapter means a school district constituted and established under this chapter whether by reorganization, consolidation or division.
(2) “School board” as used in this subchapter means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division.
(3) “School board member” as used in this subchapter means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter.
14 Del. C. 1953, §  1041;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1042. School boards to which this subchapter applies.

§ 1042. School boards to which this subchapter applies.
This subchapter applies to school boards of all reorganized school districts in this State, except where otherwise provided in this subchapter.
14 Del. C. 1953, §  1042;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1043. Authority.

§ 1043. Authority.
In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State.
14 Del. C. 1953, §  1043;  56 Del. Laws, c. 292, §  6;  71 Del. Laws, c. 180, §  46;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1044. Designation of official office.

§ 1044. Designation of official office.
The official office of the school board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise adequately provided for and publicly advertised.
14 Del. C. 1953, §  1044;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1045. Annual meeting; election of officers.

§ 1045. Annual meeting; election of officers.
(a) Each school board shall hold an annual meeting at its office in July of each year.
(b) At each annual meeting the school board shall elect 1 of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in the president's stead.
(c) At each annual meeting, the school board shall designate the chief school officer or superintendent as the executive secretary of the school board.
14 Del. C. 1953, §  1045;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1046. Compensation of school board members.

§ 1046. Compensation of school board members.
A school board member shall receive no compensation for that member's services.
14 Del. C. 1953, §  1046;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1047. Treasurer.

§ 1047. Treasurer.
The State Treasurer shall serve as treasurer of each reorganized school district in the State and shall receive all moneys to which the reorganized school districts are entitled by law and all those moneys collected for school purposes by the receiver of taxes and county treasurer or their successors of each county, who shall deposit all such moneys in the legal depository for State moneys in the custody of the State Treasurer.
Where any provision of this section is inconsistent with Chapter 92, Volume 23, Laws of Delaware, as amended, relating to the school district of the City of Wilmington and the Board of Public Education in Wilmington, Chapter 92, Volume 23, Laws of Delaware, as amended, shall control.
14 Del. C. 1953, §  1047;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1048. Regular and special meetings; quorum; roll call vote.

§ 1048. Regular and special meetings; quorum; roll call vote.
(a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board.
(b) Special meetings of the school board may be held whenever the duties and business of the school board may require.
(c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of a majority of the members of the board. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board.
(d) A roll call vote of all board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote shall then be so recorded and considered a matter of public record.
(e) 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. For purposes of this subsection, “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.
14 Del. C. 1953, §  1048;  56 Del. Laws, c. 292, §  6;  59 Del. Laws, c. 91, §  1;  73 Del. Laws, c. 262, §  1;  84 Del. Laws, c. 14, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1049. Policy making.

§ 1049. Policy making.
(a) The school board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations of the State, shall, in addition to other duties:
(1) Determine the hours of daily school sessions, the holidays when district schools shall be closed, and the days on which teachers attend educational improvement activities. This authority is subject to the requirement that all school district calendars must provide for school attendance of at least the following number of hours:
Beginning at the start of the 2008-2009 school year
Kindergarten:
1060 hours
Grades 1-11:
1060 hours
Grade 12:
1032 hours
The waiver provisions in § 1305 of this title also apply to the district calendar.
The number of hours in a school day for grades K-12 shall be at least 31/2 hours exclusive of lunch, and abbreviated days shall not be scheduled on the last school day prior to a scheduled holiday. In the case of an unplanned delay, or early dismissal caused by weather or other unforeseen emergency conditions, such a delay or early dismissal shall be no more than 2 hours. All district calendars shall be adopted by April 30 for the following school year and may only be amended following a 30-day public notice.
(2) Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools;
(3) Enforce the provisions of this title relating to school attendance;
(4) Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;
(5) Adopt courses of study;
(6) Select, purchase, and distribute free of charge such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools;
(7) Provide forms on which regular school employees shall make such reports as may be required by the school board;
(8) Make all reports required by the Secretary of Education, at such time, upon such items and in such form as may be prescribed by the Secretary of Education;
(9) Appoint personnel.
(b) Notwithstanding any provision or section of this chapter to the contrary, each school board shall provide a stand-alone, self-contained half-day kindergarten option within the district, provided there are 18 or more children signed up for a half-day kindergarten option.
14 Del. C. 1953, §  1049;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 365, §  2;  71 Del. Laws, c. 15, §§  1, 2;  71 Del. Laws, c. 132, §  364;  71 Del. Laws, c. 180, §  47;  72 Del. Laws, c. 6, §  1;  75 Del. Laws, c. 440, §§  2-5, 7;  78 Del. Laws, c. 290, §  311;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1049A. Waiver of local regulations.

§ 1049A. Waiver of local regulations.
For the purpose of ensuring that local board regulations do not impede innovation or the improvement of student achievement, any school-based committee established pursuant to this title or the principal of any school without such a committee who demonstrates significant faculty support for the waiver application may apply to its local board for a waiver of any regulation, rule or policy and the local board may grant such waiver where:
(1) Such a waiver would further the accomplishment of state and local educational policies, particularly those addressing student achievement in the core academic subjects of mathematics, science, language arts and social studies;
(2) Such a waiver would not impose undue administrative burdens upon the State or the local district or harm the district's ability to ensure that public funds are properly expended and the applicable state and federal laws are followed; and
(3) The purpose of the regulation, rule, or policy to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule, regulation or policy.
The school making such waiver request shall give notice of the consideration by notices posted in at least 10 public places in its district and on the door of the school at least 20 days prior to the public meeting of the board of education at which the waiver request will be presented and discussed. The public shall be provided an opportunity to present comments concerning the waiver to be requested at a meeting of the local board following posting and preceding its formal adoption.
70 Del. Laws, c. 456, §  3;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1049B. Training program.

§ 1049B. Training program.
In order to best understand the educational and legal issues involved in special education due process hearings, each school board member shall receive training during that member's term on a school board concerning special education due process hearings. The Department of Education through regulations shall establish the criteria, material and method of such training program. Delivery of the training may be delegated outside the Department of Education.
77 Del. Laws, c. 314, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1050. Annual report.

§ 1050. Annual report.
On or before August 15 of each year, the school board of each reorganized school district shall file with the Department of Education a district report as required by § 124A of this title. Such district report shall be a public document and be made available to the citizens of the school district. Each school district is also encouraged to include in such report such additional information as it believes will help its citizens better understand the current conditions, accomplishments, and policies of the school district, as well as the expenditures, revenues and business and financial transactions of the school district for the prior fiscal year, and the need for the improvement and advancement of the schools within the school district.
14 Del. C. 1953, §  1050;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 458, §  3;  71 Del. Laws, c. 180, §  48;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1051. Election of school board members; exceptions.

§ 1051. Election of school board members; exceptions.
(a) School board members shall be elected by the qualified voters of the respective reorganized school districts, except as may otherwise be provided by §§ 1061, 1062 [repealed], 1063 [repealed], 1064, 1065 and 1066 of this title.
(b) No person shall be elected or serve as a school board member who holds a paid position which is subject to the rules and regulations of such school board.
14 Del. C. 1953, §  1051;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1053. Oath of office of the school board member.

§ 1053. Oath of office of the school board member.
(a) Each school board member shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Delaware, and the laws of Delaware governing public education, and that I will faithfully discharge the duties of the office of school board member according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm).”
(b) The oath or affirmation shall be administered by the president or vice-president of the school board of the school district or in the case of a newly constituted board by a person appointed by the Secretary of Education to administer said oath.
14 Del. C. 1953, §  1053;  56 Del. Laws, c. 292, §  6;  73 Del. Laws, c. 65, §  14;  77 Del. Laws, c. 45, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1055. Maintenance of school property.

§ 1055. Maintenance of school property.
The school board of each reorganized school district shall provide for the care of the buildings, grounds, equipment, apparatus and other school property and shall maintain the same in accordance with the standards adopted by the Department. The school board shall make all repairs to school property, purchase all necessary furniture and provide for adequate heating and proper ventilation of the buildings.
14 Del. C. 1953, §  1055;  56 Del. Laws, c. 292, §  6;  71 Del. Laws, c. 180, §  49;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1058. Controversies concerning rules and regulations of the school board.

§ 1058. Controversies concerning rules and regulations of the school board.
The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board's decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.
14 Del. C. 1953, §  1058;  56 Del. Laws, c. 292, §  6;  71 Del. Laws, c. 180, §  52;  74 Del. Laws, c. 233, §§  1-4;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1059. Hearings.

§ 1059. Hearings.
A school board may administer and examine persons under oath in any part of the reorganized school district.
14 Del. C. 1953, §  1059;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1060. False testimony is perjury.

§ 1060. False testimony is perjury.
Whoever, being a witness in any matter pertaining to the public schools of the reorganized school district and having been duly sworn or affirmed by the school board to tell the truth, wilfully gives false testimony is guilty of false swearing and shall be punished as perjury is punished.
14 Del. C. 1953, §  1060;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1061. School boards upon reorganization.

§ 1061. School boards upon reorganization.
Previously elected or appointed school board members of component former school districts and all members of the board of a subdivided high school district board who reside within the reorganized school district, including those members elected at the regular election in May 1969, shall continue to serve out their respective terms on the school board of the reorganized school district constituted and established on July 1, 1969, notwithstanding any other provisions of this title to the contrary, except that in the case where a reorganized school district is composed of 1 or more non-1-through-12 grade component former school districts and 1 or more component former school districts previously providing grades 1 through 12, only the member elected in May 1969, in each of the non-1-through-12 grade districts will serve out that member's term as an interim member of the school board of the reorganized school district along with all of the school board members of the previously 1-through-12 grade district or districts. Subsequent elections or appointments in the reorganized school districts shall be for 1 member at large in the reorganized school districts until the school board meets the criteria of this subchapter. If it becomes necessary to fill a vacancy for any reason other than the expiration of term, the new member must be selected from the residents of the previously existing school district and in accordance with § 1054 of this title.
14 Del. C. 1953, §  1061;  56 Del. Laws, c. 292, §  6;  57 Del. Laws, c. 378, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1062, 1063. School board for the reorganized school district which includes the former school district of Alexis I. duPont Special School District; the Board of Public Education in Wilmington.

§§ 1062, 1063. School board for the reorganized school district which includes the former school district of Alexis I. duPont Special School District; the Board of Public Education in Wilmington.
Repealed by 71 Del. Laws, c. 180, § 52A, effective July 31, 1997.
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1065. Dissolution of school boards upon consolidation of reorganized school districts; appointments by State Board of Education; members elected annually after consolidation; appointment by Governor [For application of this section, see 83 Del. Laws, c. 251, § 7].

§ 1065. Dissolution of school boards upon consolidation of reorganized school districts; appointments by State Board of Education; members elected annually after consolidation; appointment by Governor [For application of this section, see 83 Del. Laws, c. 251, § 7].
(a) Upon the consolidation of reorganized school districts under § 1027 of this title, the school boards of such consolidating reorganized school districts shall be dissolved as of the effective date of consolidation.
(b) Except as provided in subsection (c) of this section, the State Board of Education shall upon consolidation appoint 5 members of the previously existing school boards of the consolidating districts to the school board of the consolidated district and shall designate 1 member to serve for a term of 5 years, 4 years, 3 years, 2 years, and 1 year, respectively. The qualified voters of the consolidated district shall, at each annual election after consolidation, elect 1 member for a term of 4 years who shall serve from the July 1 next succeeding that member's election and until that member's successor qualifies.
(c) In the case of any consolidation of vocational-technical school districts under § 1027 of this title, the Governor shall appoint 7 members of the previously existing school boards of the consolidating vocational-technical districts to the school board of the consolidated vocational-technical district and shall designate 1 member each to serve for a term of 7 years, 6 years, 5 years, 4 years, 3 years, 2 years and 1 year, respectively. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member's appointment and until that member's successor qualifies.
14 Del. C. 1953, §  1065;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 251, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1066. Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts [For application of this section, see 83 Del. Laws, c. 251, § 7].

§ 1066. Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts [For application of this section, see 83 Del. Laws, c. 251, § 7].
(a) Upon the division of a reorganized school district into 2 or more school districts under § 1028 of this title, the school board of the divided reorganized school district shall be dissolved as of the effective date of division.
(b) Any member of the previously existing school board, including a vocational-technical school board, shall continue to serve out the term for which that member was elected or appointed in the divided school district as a member of the school board of the school district resulting from such division in which that member resides.
(c) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to 5 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 5 years. The qualified voters of any school district resulting from such division shall, at each annual election after division, elect 1 member for a term of 4 years who shall serve from the July 1 next succeeding that member's election and until that member's successor qualifies.
(d) In the case of any division of a vocational-technical school district under § 1028 of this title, the Governor shall appoint such additional members of the school boards of the vocational-technical school districts resulting from such division as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member's appointment and until that member's successor qualifies.
14 Del. C. 1953, §  1066;  56 Del. Laws, c. 292, §  6;  62 Del. Laws, c. 351, §  11;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 491, §  2;  83 Del. Laws, c. 251, § 3;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter III. School Boards of Reorganized School Districts › § 1067. Election of Milford Special School District in 1969 for the Board of Education.

§ 1067. Election of Milford Special School District in 1969 for the Board of Education.
On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect 2 members of the Board of Education of Milford Special School District. The individual with the highest number of votes shall be elected for a term of 5 years. The individual with the second highest number of votes shall be elected for a term of 4 years and shall fill the vacancy created by the expiration of the term of the previously elected school board member. Both individuals shall be elected at large in the entire Milford Special School District and shall serve in addition to the 3 then incumbent previously elected school board members. Thereafter, school board members in the school district shall be elected in accordance with §§ 1051 and 1052 of this title. No fewer than 2 members shall be residents of Kent County and no fewer than 2 members residents of Sussex County.
14 Del. C. 1953, §  1067;  56 Del. Laws, c. 292, §  6;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1071. Applicability of this subchapter; definitions.

§ 1071. Applicability of this subchapter; definitions.
(a) This subchapter shall apply to any election conducted in any reorganized school district by the school board of such district or by the State Board of Education. This subchapter shall be in addition to Chapters 19, 20 and 21, and to the extent that any provision of this subchapter is inconsistent with any provision contained in Chapter 19, 20 or 21, Chapters 19, 20 and 21 shall govern.
(b) As used in this subchapter:
(1) “Department of Elections conducting the election” means the Department of Elections in the county in which the office of the superintendent of a public school district is located and which is responsible for conducting elections in accordance with Chapters 10, 19, 20 and 21 of this title for that school district, except that public school elections in the Milford and Smyrna School Districts shall be conducted by the Department of Elections for Kent County and public school elections in the Woodbridge School District shall be conducted by the Department of Elections for Sussex County.
(2) “Election” shall include a referendum where applicable.
(3) “Public school election” means an election to elect 1 or more members to a board of education and any election conducted in accordance with Chapter 19, 20 or 21 of this title.
(4) “Reorganized school district” means a school district constituted and established in accordance with this chapter whether by reorganization, consolidation or division.
(5) “School board” means the board of education of a reorganized school district.
14 Del. C. 1953, §  1071;  56 Del. Laws, c. 292, §  6;  74 Del. Laws, c. 122, §  13;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1072. Time; places; annual election of school board members; dates.

§ 1072. Time; places; annual election of school board members; dates.
(a) School elections, for whatever purposes, must be held between the hours of 7:
00 a.m. and 8:
00 p.m. prevailing local time during which time the polls shall remain open.
(b) The Department of Elections conducting the election shall designate and procure the buildings within the district, including buildings not owned by the school district, which shall be used as polling places for any public school election. The suitability, convenience and accessibility of a polling place to voters of the school district must be given prime consideration in its selection. Whenever possible, such polling place shall be located in public buildings which shall include suitable schools, government buildings, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places. In the event that no public building is available in a conveniently located and readily accessible place, then the Department of Elections conducting the election may designate a suitable, conveniently located and readily accessible private business establishment.
(1) The reorganized school district for which an election is being conducted under this subchapter shall provide school district buildings designated as polling places and/or as election officer training sites by the Department of Elections conducting the election to that Department of Elections without charge for use or fee for custodial services.
(2) The Department of Elections conducting an election may establish one or more polling places for that election outside of the boundaries of the reorganized school district for which the election is being conducted as deemed necessary and proper by that Department of Elections.
(c) Elections for school board members shall be held annually on the second Tuesday of May; except, that when only 1 person files for election to a given vacancy the school board shall declare that person elected and shall not open the polls for an election to fill that vacancy.
(d) All public school elections other than school board elections shall be held on the date set by the local school board of the school district in which such elections are to be held and in accordance with subsections (a) and (b) of this section.
(e) All school districts are requested to consider scheduling an in-service day for the second Tuesday in May.
14 Del. C. 1953, §  1072;  56 Del. Laws, c. 292, §  6;  63 Del. Laws, c. 253, §  1;  64 Del. Laws, c. 82, §  1;  64 Del. Laws, c. 255, §  1;  70 Del. Laws, c. 515, §§  23, 24;  74 Del. Laws, c. 122, §  14;  74 Del. Laws, c. 334, §§  1-3;  81 Del. Laws, c. 326, § 1;  82 Del. Laws, c. 5, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 10. REORGANIZATION OF SCHOOL DISTRICTS › Subchapter IV. Elections in Reorganized School Districts › § 1073. Election officers.

§ 1073. Election officers.
The Department of Elections conducting an election under the provisions of this title shall appoint an inspector, 2 election officers for every voting machine assigned to a polling place. Two of the aforesaid election officers shall be designated as judges and the remaining election officers shall be designated as clerks. The Department of Elections conducting the election may assign additional clerks to polling places as deemed necessary.
(1) The inspector shall be the person responsible for the set up, operation and closing of the polling place and make all decisions regarding the aforesaid except for questions regarding voter eligibility.
(2) The inspector and both judges shall by majority vote decide all questions of voter eligibility.
14 Del. C. 1953, §  1073;  56 Del. Laws, c. 292, §  6;  70 Del. Laws, c. 515, §  25;  74 Del. Laws, c. 122, §  15;