reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4103. Teaching Constitution of the United States, Constitution and government of Delaware and the free enterprise system.

§ 4103. Teaching Constitution of the United States, Constitution and government of Delaware and the free enterprise system.
(a) In all public and private schools located within this State, there shall be given regular courses of instruction in the Constitution of the United States, Constitution and government of Delaware and the free enterprise system.
(b) The instruction in the Constitution of the United States, Constitution and government of Delaware and the free enterprise system shall begin not later than the opening of the eighth grade and shall continue in the high school courses and in courses in state colleges, universities and the educational departments of state and municipal institutions. The extent and content of such courses below the college level shall be determined by the Department of Education with the approval of the State Board of Education. In institutions of higher learning the trustees or other governing body of such institutions shall determine the extent and content of such courses.
(c) In addition to the general requirements required by subsections (a) and (b) of this section, 1 calendar day per school year may be specifically and solely devoted to the study of the United States Constitution and the Declaration of Independence in every grade consistent with state content standards starting in first grade and continuing through twelfth grade. The program of instruction for each grade shall be determined by each individual school district.
33 Del. Laws, c. 183, §§  1, 2;  Code 1935, §  2759;  14 Del. C. 1953, §  4104;  49 Del. Laws, c. 379;  50 Del. Laws, c. 247, §  1;  60 Del. Laws, c. 246, §  1;  71 Del. Laws, c. 180, §  170;  71 Del. Laws, c. 411, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4104. Display of American flag.

§ 4104. Display of American flag.
(a) Every board of education in this State shall procure the American flag and cause the same to be displayed out-of-doors (weather permitting) on the school grounds of every school house in this State during school hours.
(b) The Department of Education shall procure American flags for every free public school in this State and cause the same to be displayed in every school house in this State during school hours.
(c) The Department shall make drafts, by warrants upon the State Treasurer from funds not otherwise appropriated, of such sums as are necessary to carry into full effect subsection (b) of this section.
33 Del. Laws, c. 184;  34 Del. Laws, c. 180, §§  1, 4;  Code 1935, §§  2760, 2761;  14 Del. C. 1953, §  4105;  57 Del. Laws, c. 113;  71 Del. Laws, c. 180, §  171;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4105. Salute to flag and pledge of allegiance.

§ 4105. Salute to flag and pledge of allegiance.
In the opening exercises of every free public school each morning, the teachers and pupils assembled shall salute and pledge allegiance to the American flag as follows:
“I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all.”
34 Del. Laws, c. 180, §  2;  Code 1935, §  2761;  14 Del. C. 1953, §  4106;  51 Del. Laws, c. 51;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4106. Failure to require salute and pledge; penalty.

§ 4106. Failure to require salute and pledge; penalty.
When the Department of Education has procured and distributed American flags in each free public school, any principal or teacher of such free public school who fails to require the salute and pledge as set out in § 4105 of this title shall be fined not more than $50 or imprisoned not more than 10 days.
34 Del. Laws, c. 180, §  3;  Code 1935, §  2761;  14 Del. C. 1953, §  4107;  71 Del. Laws, c. 180, §  171;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4107. General election day; closing of schools.

§ 4107. General election day; closing of schools.
(a) Every day on which a general election is held in this State shall be a legal holiday for all school purposes and all schools, colleges and other institutions of learning shall be closed during the whole of such day.
(b) Whoever, having the control of any school, college or other institution of learning, causes or permits the same to be open and instruction given on such day shall be fined not less than $10 nor more than $100.
33 Del. Laws, c. 198, §§  1, 2;  Code 1935, §  2762;  14 Del. C. 1953, §  4108;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4107A. Primary election day; in-service day.

§ 4107A. Primary election day; in-service day.
(a) School districts shall allow public school buildings to be used as polling places for primary elections if requested by the department of elections for a county.
(b) Every day on which a primary election is held shall be an in-service day for any school district where any district schools are used as polling places for a primary election.
79 Del. Laws, c. 282, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4108. American Education Week.

§ 4108. American Education Week.
The Governor may issue a proclamation calling upon all teachers of schools to arrange special programs at some time during American Education Week and calling upon the people of the entire State to observe it in some fitting manner.
42 Del. Laws, c. 127;  14 Del. C. 1953, §  4111;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4109. School property; health and safety requirements.

§ 4109. School property; health and safety requirements.
(a) Every public school shall be equipped with an adequate number of fire extinguishers and shall hold a fire drill at least once every month while the school is in session.
(b) Each board of education shall see that the requirements of subsection (a) of this section are complied with in the schools under their respective jurisdictions.
(c) Where an area of real property which is owned or administered by a school district is bounded by a wall, fence or other structure which has gates or other lockable entrances, the local board of education shall notify the nearest providers of ambulance, fire and police services of the location of such gates and entrances. The local board of education shall provide to the ambulance service, fire company or police department a key of each such enclosed area with the board's jurisdiction. For purposes of this subsection, the words “real property” shall include all unimproved land only and shall not include buildings.
41 Del. Laws, c. 173, §  1;  14 Del. C. 1953, §  4112;  57 Del. Laws, c. 113;  63 Del. Laws, c. 166, §§  3, 4;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4110. Disturbing schools or destroying school property; penalty.

§ 4110. Disturbing schools or destroying school property; penalty.
Whoever disturbs a public school in session or wilfully destroys any public school property shall be fined $20, to be collected as other fines, and paid to the board of education of the school district for the benefit of the respective district, or imprisoned not more than 30 days, or both.
32 Del. Laws, c. 160, §  57;  Code 1935, §  2752;  14 Del. C. 1953, §  4113;  57 Del. Laws, c. 113;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4112A. Office of School Criminal Offense and Bullying Ombudsperson.

§ 4112A. Office of School Criminal Offense and Bullying Ombudsperson.
(a) There is hereby established within the State Department of Justice, the Office of School Criminal Offense and Bullying Ombudsperson.
(b) The purpose of the Ombudsperson is to ensure the proper administration of the school criminal offense reporting law contained in § 4112 of this title and the school bullying prevention law contained in § 4164 of this title.
(c) The Ombudsperson shall have the power to:
(1) Investigate and seek to resolve complaints made by and concerns of members of the public, school officials, and pupils regarding criminal offenses and incidents of bullying committed on school property;
(2) Investigate complaints regarding the alleged failure of school officials to report criminal offenses as required under § 4112 of this title and incidents of bullying as required under § 4164 of this title;
(3) Establish policies and procedures for eliciting, receiving, investigating, verifying, and resolving complaints; and
(4) Perform such other acts as are necessary to carry out the purpose set forth in subsection (b) of this section.
70 Del. Laws, c. 249, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 375, § 1;  81 Del. Laws, c. 122, §§ 2, 12;  81 Del. Laws, c. 425, § 9;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4112B. Ombudsperson access.

§ 4112B. Ombudsperson access.
(a) The Ombudsperson shall have access to any school record or pupil file which is relevant to the performance of the Ombudsperson's duties, including any record otherwise considered confidential under Delaware law.
(b) The Ombudsperson may initiate an investigation of any criminal offense committed on school property or any incident of bullying independent of the receipt of a specific complaint.
(c) The Ombudsperson shall protect the confidentiality of pupils' records and files as required under Delaware law.
(d) Notwithstanding any other provision of law, the Ombudsperson shall not disclose the identity of any complainant unless a court orders such disclosure or the complainant consents in writing to the disclosure of the complainant's identity.
70 Del. Laws, c. 249, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 375, § 1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4112C. Good faith immunity.

§ 4112C. Good faith immunity.
Persons and agencies participating in an investigation of the Ombudsperson shall be immune from civil liability which may result from their good faith participation in such investigation.
70 Del. Laws, c. 249, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4112D. School bullying prevention.

§ 4112D. School bullying prevention.
[Transferred to §  4164 of this title by 81 Del. Laws, c. 122, §  4, effective August 10, 2016.]
81 Del. Laws, c. 122, § 4;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4112E. School Teen Dating Violence and Sexual Assault Act.

§ 4112E. School Teen Dating Violence and Sexual Assault Act.
[Transferred to §  4166 of this title by 81 Del. Laws, c. 122, §  4, effective August 10, 2016.]
81 Del. Laws, c. 122, § 4;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4113. Authority of school crossing guards to ensure safety of pupils.

§ 4113. Authority of school crossing guards to ensure safety of pupils.
Where school crossing guards are employed by a school district, the guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross streets or highways safely. In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company's records as driving a company car is responsible for the violation.
63 Del. Laws, c. 402, §  2;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4114. Right of State to transcribe and reproduce instructional material in braille and other media for handicapped minors.

§ 4114. Right of State to transcribe and reproduce instructional material in braille and other media for handicapped minors.
Each contract executed for the procurement of instructional materials shall include the right of the State to transcribe and reproduce the material in braille, large print, recordings or other media for the use of handicapped minors, including the visually handicapped, unable to use the book in conventional print and form. Such right shall include those corrections, revisions and other modifications as may be necessary.
64 Del. Laws, c. 298, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4115. Choice of transportation.

§ 4115. Choice of transportation.
The school board of each school district shall offer, to each parent or guardian of a student within that district who is licensed to drive a motor vehicle, a choice between driving a private vehicle to the school and transportation to the school by the school bus; provided, however, that those who choose to drive a private vehicle shall not be transported by a school bus, and those who choose to be transported by a school bus shall not be permitted to park on school grounds. The principal of each school may issue passes for school bus transportation to certain pupils who have chosen to drive a private vehicle, for use on a temporary and emergency basis; and may also set aside a specific number of parking spaces for use on a temporary and emergency basis by pupils who originally chose transportation by school bus.
67 Del. Laws, c. 49, §  1;  77 Del. Laws, c. 327, §  362;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4116. Drug/alcohol educational programs.

§ 4116. Drug/alcohol educational programs.
(a) The Department of Education with approval of the State Board of Education shall establish and implement statewide alcohol/substance abuse educational programs to be provided in each grade, kindergarten through grade 12, in each public school in this State. The programs required by this section shall consist of no fewer than 10 hours per school year in grades kindergarten through 4 and 15 hours per school year in grades 5 through 12. Each program shall be taught by appropriately trained certified teachers and the instruction shall be comprehensive, age-appropriate and sequential in nature.
(b) Any in-service training required by this section shall be provided within the contracted school year as provided in § 1305 of this title.
67 Del. Laws, c. 205, §  2;  71 Del. Laws, c. 180, §  174;  72 Del. Laws, c. 294, §  45;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4116A. Mental health educational programs.

§ 4116A. Mental health educational programs.
(a) For purposes of this section:
(1) “Charter school” means as defined under § 4161 of this title.
(2) “Contracted school year” means the period defined under § 1305(e) of this title.
(3) “Grade” means kindergarten through grade 12.
(4) “School district” means as defined under § 4161 of this title.
(b) The Department of Education, with the approval of the State Board of Education, shall establish and implement statewide mental health educational programs for each grade in each school district and charter school in this State.
(c) The statewide mental health education programs established and implemented under this section must meet all of the following:
(1) Recognize the multiple dimensions of health by including instruction in mental health and the relationship between physical and mental health to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity.
(2) Taught by appropriately certified teachers or appropriately certified community mental health providers.
(3) Be comprehensive, developmentally appropriate, and sequential in nature.
(d) In establishing and implementing statewide mental health programs under this section, the Department of Education shall consult with mental health experts, including individuals with the Department of Health and Social Services, Department of Services for Children, Youth, and Their Families, Mental Health Association of Delaware, Delaware Guidance Services, National Alliance of Mental Illness Delaware, and National Council for Behavioral Health.
(e) A school district or charter school shall provide in-service training required under this section within the contracted school year.
(f) The Department of Education may, with the approval of the State Board of Education, adopt regulations to implement and enforce this section.
(g) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, the Director and the Librarian of the Division of Research of Legislative Council, and the Public Archives no later than January 15 of each year. The report must include a description of the educational programing provided under subsection (b) of this section, how the programming complies with subsection (c) of this section, and how the programming has been implemented by each school district and charter school.
83 Del. Laws, c. 387, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4117. Substance abuse.

§ 4117. Substance abuse.
(a) Each school district shall designate an administrator in every school as the person responsible for reporting, to parents and/or law enforcement agencies, any violation and/or problems relating to the abuse of controlled substances. Such administrator shall not be liable under the laws of this State for any act or omission committed by the administrator in the performance of that administrator's duties and responsibilities under this section.
(b) No administrator having reporting responsibilities under this section shall be required to report any substance abuse violation and/or problem to a parent if such person, being the principal of the school, reasonably believes that a parent or parents are a cause of or are involved in the violation and/or problem; nor shall any other administrator, having reporting responsibilities under this section, be required to report any substance abuse violation and/or problem to a parent, if such administrator and the principal of the school both believe that a parent or parents are a cause of or are involved in the violation or problem.
67 Del. Laws, c. 219, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4119. Metal detectors.

§ 4119. Metal detectors.
The school board of each school district shall have authority to employ the use of metal detectors, or any other similar security devices, to prevent pupils from bringing dangerous instruments, deadly weapons or any other contraband into the schools. Any school board exercising its authority under this section shall promulgate rules and regulations governing the implementation and use of such security devices.
69 Del. Laws, c. 120, §  4;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4120. School dress codes and uniforms.

§ 4120. School dress codes and uniforms.
(a) The school board of each public school district shall have authority to establish and enforce a dress code program, which may include school uniforms, for students within the district to promote an orderly, disciplined school environment and to encourage uniformity of student dress. Any school board exercising its authority under this section shall promulgate rules and regulations governing the establishment and enforcement of its dress code program.
(b) In establishing a dress code that adopts school uniforms, the rules and regulations of the school board shall ensure that any uniform required is available at an affordable price, and shall include provision to assist economically disadvantaged students in obtaining school uniforms.
70 Del. Laws, c. 69, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4121. Video cameras on public school property.

§ 4121. Video cameras on public school property.
The school board of each school district shall have authority to establish and implement programs to use video cameras for surveillance on public school property, including, but not limited to, classrooms, halls, auditoriums, cafeterias, gymnasiums and parking areas, for the purpose of monitoring student behavior to help ensure the safety of students and teachers. However, no video camera shall be used for classroom surveillance, pursuant to this section, unless the principal of the school and the teacher of the classroom consent to the surveillance.
Before exercising its authority under this section, a school board shall promulgate rules and regulations governing the implementation and use of video cameras in classrooms. However, in no event shall video cameras be used at any time or at any location which would violate a student's reasonable expectation of privacy including, but not limited to, locker rooms, areas where students may disrobe and lavatories.
70 Del. Laws, c. 377, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4122. Parent's failure to attend school conference with superintendent; subpoena to compel attendance.

§ 4122. Parent's failure to attend school conference with superintendent; subpoena to compel attendance.
(a) “Parent” as used in this section means natural parent, 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.
(b) When a parent fails to attend, participate or respond to a public school or charter school superintendent's request for a conference to discuss matters involving alleged violations of school rules or regulations by the parent's child, the public school or charter school superintendent or the superintendent's designee may request that the Justice of the Peace Court issue a subpoena to compel the presence of the parent at a conference with the superintendent.
(c) Prior to the issuance of a subpoena to compel the presence of a parent, the superintendent or a designee must provide evidence that the superintendent or a designee has:
(1) Made a reasonable attempt to schedule the conference at a time that does not conflict with the employment hours of the parent; and
(2) Sent written notice of the conference by regular United States mail to the address of record of the parent, which notice shall include the reason for the conference and a statement that failure to schedule or attend the conference may result in the issuance of a subpoena.
(d) After verifying that the superintendent or a designee has sent the required notice, the Justice of the Peace Court may, in its discretion, issue a subpoena pursuant to Justice of the Peace Civil Rule 18 which shall compel the presence of the parent at a conference with the superintendent.
(e) If a parent fails to obey a subpoena properly served under this section, the superintendent may file a motion for an order holding the parent in contempt of court. The Justice of the Peace Court shall have jurisdiction over this matter. A parent found guilty of contempt for failure to appear at a conference after receiving a subpoena may be ordered by the Court to attend school with the student, attend family counseling, and/or comply with such other conditions as the Court may order.
(f) Proceedings against a parent of a suspended or expelled child may also be filed pursuant to subchapter II of Chapter 27 of this title for each day that the child is absent beyond the period of suspension or expulsion without a valid excuse as a result of the parent's failure to attend or schedule a conference after having received notification of the suspension or expulsion.
71 Del. Laws, c. 218, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 175, §§  10, 11;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4123. Oral health screening [For application of this section, see 84 Del. Laws, c. 132, § 2].

§ 4123. Oral health screening [For application of this section, see 84 Del. Laws, c. 132, § 2].
(a) For purposes of this section, “oral health screening” means the screening done by a dental hygienist or dentist.
(b) Each school district and charter school must provide an oral health screening to each student enrolled in kindergarten by the last student attendance day of each school year.
(c) The school shall record the results of the oral health screenings within the student's electronic health record.
(d) If a student fails an oral health screening, the school must notify the student's parent, guardian, or relative caregiver.
(e) The Bureau of Oral Health and Dental Services must inform a parent or guardian of each student's oral health status by sending home, with the student, a copy of the dental screening results and must refer students who need a dental referral or restorative care to a dentist.
(f) The requirements of this section are contingent on the ongoing funding and implementation of the Delaware Smile Check Program under the Department of Health and Social Services or other comparable program of sufficient capacity to provide free oral health screenings to all enrolled kindergarten students.
84 Del. Laws, c. 132, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4123B. Posting child abuse and neglect telephone report line.

§ 4123B. Posting child abuse and neglect telephone report line.
[Transferred to § 4163(g)(1), (2) of this title by 81 Del. Laws, c. 122, § 8.]
80 Del. Laws, c. 256, § 1;  81 Del. Laws, c. 122, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4123C. Personal body safety and child sexual abuse awareness and prevention.

§ 4123C. Personal body safety and child sexual abuse awareness and prevention.
[Transferred to § 4163 of this title by 81 Del. Laws, c. 122, § 4.]
81 Del. Laws, c. 122, § 4;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4125. Driver education certification.

§ 4125. Driver education certification.
(a) A driver education teacher may not certify that a student enrolled in a State-approved driver education course during the regular school year is qualified to be issued a Driver Education Learner's Permit or a Level 1 Learner's Permit by the Division of Motor Vehicles unless the student has done all of the following:
(1) Fulfilled the requirements of the driver education program, including demonstrating knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21.
(2) Met the minimum credit requirements to qualify as a tenth grader as of September 30 of the school year that the student enrolled in the driver education course.
(3) Earned passing grades in 5 credits at the time of certification, with at least 2 of those credits in separate areas of English, mathematics, science, or social studies.
(b) A student who is receiving special education services under an active student's individualized education plan (IEP) will be authorized until age 21 to complete his or her driver education certification through a State-approved driver education course. Pursuant to Department of Education regulation, the student may be authorized to subsequently enroll in another driver education course if the student fails the driver education course during the regular school year.
(c) A student who is receiving special education services and is precluded from meeting the academic requirements of subsection (a) of this section due to modifications in the grading procedure or course of study for the student shall be eligible for certification if the student's school principal determines that the student is making satisfactory progress in accordance with the requirements of that student's IEP.
(d) A local school board may establish requirements higher than the minimum academic eligibility requirements set forth in this section.
(e) A student who does not meet the certification requirements of this section upon completion of a driver education course may meet the requirements during the subsequent marking period. If the student fails to meet the requirements at the end of the subsequent marking period, the student will be ineligible for certification.
(f) Any permit issued in violation of the provisions of this section shall be cancelled, all fees forfeited and the applicant must reapply as if they were a new applicant.
72 Del. Laws, c. 158, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 228, §  1;  81 Del. Laws, c. 122, § 2;  81 Del. Laws, c. 350, § 4;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4126. School-based health centers.

§ 4126. School-based health centers.
(a) All public high schools, including vocational-technical schools, but not including charter schools, are required to have a school-based health center compliant with § 3571G of Title 18 and regulations promulgated thereunder.
(b) The State shall bear the start-up costs for a school-based health center at any public high school that lacks such a center as of July 20, 2016. The State shall fund such costs for at least 1 school per fiscal year until such a time as all public high schools, other than charter schools, are in compliance with this section.
80 Del. Laws, c. 322, § 1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4130. Expulsion of students; re-enrollment.

§ 4130. Expulsion of students; re-enrollment.
(a) In any case where a public school student is expelled from a school district or a charter school, the expelled student shall not be permitted to reenroll in any other school district or charter school in this State until after the full period of expulsion from the school district or charter school where the student was expelled shall have expired.
(b) Prior to enrolling any student who attempts to transfer to a school district or charter school in this State, the superintendent of that school district, or the superintendent's designee, the head of a charter school or such head's designee shall first contact the last school district or charter school where the student was last enrolled, if in this State, to determine if that student is under a current expulsion order in that district or charter school. If it is determined that the student is under a current expulsion order, that student shall not be permitted to enroll until the expulsion order has expired as set forth in subsection (a) of this section.
(c) Any student who has been expelled from a public school in this State or in any other state shall, prior to enrollment in any public school in this State, completely fulfill the terms of that expulsion.
(d) The provisions of subsections (a), (b) and (c) of this section shall not apply to any case in which a student is seeking to enroll in the James H. Grove High School or in any alternative educational or other related program developed to provide educational services to children who have discipline problems.
(e) [Repealed.]
69 Del. Laws, c. 214, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 236, §§  1-5;  71 Del. Laws, c. 272, §§  1, 2;  73 Del. Laws, c. 164, §§  3, 5;  81 Del. Laws, c. 122, § 2;  81 Del. Laws, c. 434, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4131. Notification of provisions pertaining to school crimes.

§ 4131. Notification of provisions pertaining to school crimes.
At the commencement of each school year, the school board of each school district shall ensure that each student enrolled in the district and the parent of each student shall receive notice of the following:
(1) The provisions of § 621 of title 11 which prohibit making a false statement which causes evacuation of a school or other place of assembly and the penalties for such an offense;
(2) The provisions of § 4110 of this title, which prohibit disturbing schools or destroying school property and the penalties for such offenses;
(3) The provisions of § 4112 of this title, which require the reporting of school crimes.
As used in this section, “parent” means natural parent, 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.
72 Del. Laws, c. 368, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4132. Student grades; teacher evaluation restriction.

§ 4132. Student grades; teacher evaluation restriction.
(a) When a teacher assigns an alphabetical symbol or numerical rating as a grade that assesses a student's performance on an individual project, such as a grade for a test or for homework, or that assesses a student's collective performance, such as a grade for a marking period or semester, only the assessing teacher or the superintendent of the school district in which the grade was assigned or, in the case of a charter school, the highest ranking administrative officer of the charter school may alter the student's assigned grade.
(b) If a superintendent or the highest ranking administrative officer alters a student's assigned grade pursuant to subsection (a) of this section, the superintendent or administrative officer shall give written notice of the alteration to the teacher who assigned the grade and to the Secretary of Education. The notice must include the name of the student, the name of the teacher, the title of the course for which the grade was altered, the reason or reasons for the grade alteration, and the extracurricular activities in which the student has participated and intends to participate during the school year. Notice of grade alteration pursuant to this subsection is not subject to the provisions of the Freedom of Information Act, Chapter 100 of Title 29.
(c) Review of grades issued by a teacher shall not be the sole criteria for the determination to not retain a teacher.
74 Del. Laws, c. 377, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4133. Physical Education/Physical Activity Pilot Program.

§ 4133. Physical Education/Physical Activity Pilot Program.
(a) For the 2006-07 school year there is established a Physical Education/Physical Activity Pilot Program in at least 6 of Delaware's public elementary, middle or high schools to determine the potential for future expanded use to all of Delaware's public schools. Each school in the pilot shall be required to provide at least 150 minutes per week of a combination of physical education and physical activity for each student. A pilot school shall not be penalized in any manner if a reasonable attempt has been made to provide the program to each student.
(b) Each potential pilot school shall be required to provide a proposed plan that outlines how the school shall meet the requirements as specified in subsection (a) of this section and the application form developed by the Department of Education. This application shall include the delineation of any unmet funding needs related to, but not limited to, additional program and personnel costs to conduct the planned activities. To the extent funds are available, the Department shall provide for such unmet funding needs.
(c) The Department of Education shall work with the selected pilot schools to develop and implement programs, following the Connections to Learning core principles, that meet the requirement that the school provide at least a 150-minute minimum in the combination of physical education and physical activity which may include physical education classes, recess, planned classroom breaks, and other identified activities. Training shall be provided by the Department of Education upon request.
(d) The Department of Education shall conduct an evaluation of the pilot program which may be done in collaboration with an outside entity and shall report preliminary findings by May 15, 2007, and a final report by July 15, 2007, to the Secretary of Education, President Pro Tempore of the Senate, Speaker of the House of Representatives, Office of Management and Budget, Controller General's Office and Chairpersons for the Joint Finance Committee.
75 Del. Laws, c. 420, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4135. American Sign Language.

§ 4135. American Sign Language.
American Sign Language shall be recognized as and considered a world language for purposes of school curriculum and any course of instruction, involving any school district or public school in the State.
77 Del. Laws, c. 285, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4136. Limitation of trans fats in food and beverage available or served to students in public schools [See 78 Del. Laws, c. 48, § 2, for applicability to certain contracts].

§ 4136. Limitation of trans fats in food and beverage available or served to students in public schools [See 78 Del. Laws, c. 48, § 2, for applicability to certain contracts].
(a) Public schools, including charter schools, and school districts, through a vending machine, school cafeteria or school food service establishment during school hours, shall not make available to students enrolled in kindergarten through grade 12 any food or beverage containing industrially produced trans fat, as defined in subsection (c) of this section, or use food containing industrially produced trans fat in the preparation of a food item served to those students.
(b) This section shall apply to all food and beverages sold on school grounds during regular school hours and the extended school day. The extended school day includes activities such as clubs, yearbook, band and choir practice, student government, drama, and childcare/latchkey programs. The extended school day does not include school-based events where parents, families, and the wider community constitute a significant portion of the attendees such as interscholastic sports, school plays and dramatic performances, or other similar school functions.
(c) For purposes of this section, a food contains industrially produced trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer's documentation or the label required on the food, pursuant to United States Food and Drug Administration standards, lists the trans fat content as zero grams of trans fat per serving.
78 Del. Laws, c. 48, §  1;  81 Del. Laws, c. 122, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4138. Cursive writing.

§ 4138. Cursive writing.
(a) Beginning in the 2018-2019 school year, every public elementary school shall teach cursive writing by the end of grade 4 as a component of English language arts.
(b) Each board of education shall see that the requirements of subsection (a) of this section are complied with in the elementary schools under its respective jurisdiction.
81 Del. Laws, c. 153, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4139. Computer science.

§ 4139. Computer science.
(a) By the 2020-2021 school year, all public high schools, including charter schools, shall offer at least 1 computer science course. The Department of Education is directed to develop standards for computer science and seek approval of the State Board of Education of such standards no later than December 31, 2017.
(b) Beginning with the 2018-2019 school year, the requirements to receive a Delaware diploma, pursuant to § 122(b)(3) of this title, shall permit an advanced placement, honors, college prep or integrated computer science course, meeting the computer science and mathematics standards, to be used to satisfy a mathematics graduation credit requirement with the exception of algebra I, geometry, algebra II, or the equivalent courses. Guidelines addressing the standards and content requirements for courses that satisfy the graduation requirements shall be developed by the Department, with the assent of the State Board of Education.
(c) A public high school, including a charter school, may request a waiver of subsection (a) of this section requiring the public high school to offer at least 1 computer science course if it can be demonstrated that implementation of the requirement would be a burden either financially or programmatically to the public high school. The waiver request must be provided in writing to the Secretary of Education or designee who shall make the final decision whether to approve or deny the waiver request. The Department may promulgate regulation for implementation of this subsection.
81 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4142. Free feminine hygiene products in schools.

§ 4142. Free feminine hygiene products in schools.
(a) For the purposes of this section, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.
(b) By the 2022-2023 school year, all public and charter schools maintaining any combination of grades 4-12 shall provide free feminine hygiene products in a minimum of ½ of bathrooms, including those designated nongender conforming, used by students who can have a menstrual cycle.
(c) Schools must publish on the school's website and post in the school's common areas the locations of the bathrooms where feminine hygiene products are provided. Such information should be updated if bathroom locations are changed.
(d) Each school must consult with its school nurse regarding the feminine hygiene products to be provided.
83 Del. Laws, c. 11, § 1;  83 Del. Laws, c. 304, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 41. REGULATORY PROVISIONS › Subchapter I. General Regulatory Provisions › § 4144. Pupil identification cards; publication of safety hotline numbers [See 83 Del. Laws, c. 404, § 3; and 84 Del. Laws, c. 108, § 3 for application of this section].

§ 4144. Pupil identification cards; publication of safety hotline numbers [See 83 Del. Laws, c. 404, § 3; and 84 Del. Laws, c. 108, § 3 for application of this section].
(a) All public schools serving pupils in grades 7 to 12 that issue pupil identification cards shall have printed on either side of the pupil identification card the following public safety telephone or text numbers:
(1) National Suicide Prevention Lifeline:
Call or text “988”.
(2) National Domestic Violence Hotline:
1-800-799-7233 (SAFE).
(3) Crisis Text Line:
Text “DE” to 741741.
(b) All public schools serving pupils in grades 7 to 12 that issue pupil identification cards, in addition to printing the required public safety numbers, listed in subsection (a) of this section, on the pupil identification cards, may also print the following telephone or text numbers:
(1) National Sexual Assault Hotline:
1-800-656-4673(HOPE).
(2) Teen Dating Violence Hotline:
1-866-331-9474 or Text “loveis” to 22522.
(3) Stop Bullying Now Hotline:
1-800-273-8255(TALK).
(c) In the event any of the numbers listed in subsection (a) or (b) of this section have been updated the most updated numbers shall be printed on the pupil identification card.
(d) If a public school has unissued pupil identification cards, that do not comply with the requirements of subsection (a) of this section, the school may continue to issue the identification cards until they are depleted.
83 Del. Laws, c. 404, § 1;  84 Del. Laws, c. 108, § 1;