2023 Delaware Code
Title 14 - Education

Part I

Free Public Schools

Part II

University of Delaware

Part III

Delaware State University

Part IV

Libraries

Part V

Miscellaneous

Part VI

Delaware Technical and Community College

Part VII

Hazing


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Legislative Council, General Assembly State of Delaware Title 14 Education NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of October 18, 2023, up to and including 84 Del. Laws, c. 240. DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 14 - Education Part I Free Public Schools Chapter 1 Department of Education Subchapter I Composition, Organization and Administration § 101. Establishment of the Department of Education. The general administration of the educational interests of the State shall be vested in a Department of Education within the Executive Branch, hereinafter in this title referred to as the “Department.” (71 Del. Laws, c. 180, § 3.) § 102. Secretary; Deputy, Associate and Assistant Secretaries; Acting Secretary; appointment. (a) The administrator and head of the Department shall be the Secretary of Education, who shall be a graduate of an accredited college and shall have not less than 5 years’ experience in teaching and administration, with experience in each such category. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid a salary as determined by the General Assembly in the annual Appropriations Act. The Secretary of Education shall become a bona fide resident of the State within 6 months after the Secretary’s appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. (b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy, Associate, or Assistant Secretaries of Education as are vacant. Persons so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such persons may be removed by the Secretary with the written approval of the Governor. (c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of the Secretary’s successor, the Governor may appoint the Deputy Secretary or an Associate Secretary of Education to serve as Acting Secretary. The Secretary may, during the Secretary’s absence from the State, appoint the Deputy Secretary or an Associate Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity or until the Secretary’s successor is duly qualified and appointed. (27 Del. Laws, c. 106; Code 1915, § 2274; 32 Del. Laws, c. 160, § 6; Code 1935, § 2627; 14 Del. C. 1953, § 107; 67 Del. Laws, c. 281, § 203; 67 Del. Laws, c. 431, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 529, § 1; 71 Del. Laws, c. 8, § 2; 71 Del. Laws, c. 180, § 3.) § 103. Powers, duties and functions of the Secretary. (a) The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its offices, functions and employees; (2) Appoint and fix the salary, with the written approval of the Governor, of the following officers: Deputy Secretary, Associate and Assistant Secretaries, and an Executive Assistant. These officers may be removed from office by the Secretary with the written approval of the Governor, and they shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary; (3) Appoint such additional personnel as may be necessary for the administration and operations of the Department, within such limits as may be imposed by law; (4) With the written approval of the Governor, establish, consolidate, abolish, transfer or combine the powers, duties and functions of the branches, work groups, offices or units within the Department as the Secretary may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained; (5) Make and enter into any and all contracts, agreements or stipulations; retain, employ and contract for the services of private and public consultants, and research and technical personnel; and procure by contract consulting, research, technical and other services and facilities whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department or to determine and ensure the quality and effectiveness of education programs and initiatives, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of Title 29 unless otherwise provided by law; (6) Delegate any of the Secretary’s own powers, duties or functions to the Deputy Secretary or an Associate or Assistant Secretary, except the power to remove employees of the Department or to fix employee compensation; (7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; (8) Maintain such facilities throughout the State as may be necessary for the effective and efficient operation of the Department; Page 1 Title 14 - Education (9) Adopt an official seal or seals for the Department; (10) In consultation with the State Board of Education, prepare a proposed annual operating and capital improvement budget for the Department and state support of the public school system to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated to it by the General Assembly. Special funds may be used in accordance with approved grants, programs and appropriations; and (11) Appoint committees or advisory entities to assist the Secretary in performing the duties of the Secretary’s office. When the committee or entity is formed to assist in developing policies or regulations the adoption of which must be approved by the State Board, the Secretary shall consult with the State Board regarding the composition of such committee or entity. (b) The Secretary shall develop and implement policy for grades 1-12 that will substantially decrease the number of nonperformancebased promotions, or social promotions, which allow students who have not passed a course or courses required for promotion to the next grade to advance to the next grade, with the goal of eliminating those promotions by the year 2001. (c) The Secretary shall calculate a voluntary school assessment, which applicants shall have the option of paying in lieu of any school certification required by §§ 2661 or 6961 of Title 9 or § 842 of Title 22. Voluntary school assessments shall be calculated on a per unit basis for each project that seeks to pay such assessments in lieu of certification as follows by: (1) Calculating the average cost (including offsite roadway improvements for the school required by the state transportation department, land or, if the school district already owned such land, the then-fair market value of such land at the time of construction), per child, for the average new public schools (1 elementary school, 1 middle school, 1 high school) constructed with state assistance as determined by the State of Delaware School Construction Technical Assistance Manual prepared by the Delaware Department of Education (as such manual exists as of June 30, 1999, such manual to be updated for purposes of this calculation on earlier than July 1, 2005, and thereafter updated as the Department normally updates such manual); (2) Multiplying that number by the local percentage share then required by state law of the local school district in order to receive state capital assistance; (3) Multiplying the resulting figure by 0.50, representing the average number of school-aged children projected to be housed within each residential unit, provided that in no event shall the voluntary school assessment exceed 5% of the total cost of the residential unit. (27 Del. Laws, c. 106; Code 1915, § 2274; 32 Del. Laws, c. 160, § 6; Code 1935, § 2628; 14 Del. C. 1953, § 108; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 3; 72 Del. Laws, c. 237, § 4; 84 Del. Laws, c. 210, § 3.) § 104. State Board of Education; composition; term; powers and duties; qualifications; vacancies; staggered appointments; office location; compensation; removal. (a) The State Board of Education, referred throughout this subchapter as “State Board,” consists of 9 members who are citizens of this State andappointed as follows: (1) The Governor shall appoint, with Senate confirmation, 7 voting members. a. Six of the 7 voting members are appointed for terms of up to 6 years, to ensure that no more than 2 members’ terms expire in the same year. Each of the 6 voting members serves until that member’s successor qualifies. b. One of the 7 voting members is appointed as the President of the State Board and serves at the Governor’s pleasure. (2) The Governor shall appoint annually 1 nonvoting member who is a former Delaware State Teacher of the Year and employed as a Delaware public school educator. The Teacher of the Year Advisory Board shall provide annually to the Governor a list of recommendations that includes at least 1 individual from each county in this State. This appointment does not require Senate confirmation. (3) The Governor shall appoint annually 1 nonvoting member who, at the time of appointment, is or will be in the next school year an eleventh or twelfth grade student at a public school in this State, with priority given to the selection of an individual who has demonstrated commitment to ensuring quality education for Delaware students. This appointment does not require Senate confirmation. (b) The State Board of Education has powers, duties, and responsibilities as specified in this title, including all of the following: (1) Provide the Secretary of Education with advice regarding the development of policy in those areas of education policy where rule- and regulation-making authority is entrusted jointly to the Secretary and the State Board. The State Board shall also provide advice on new initiatives which the Secretary may from time to time propose. The Secretary shall consult with the State Board regularly on such issues to ensure that policy development benefits from the breadth of viewpoint and the stability which a citizens’ board can offer and to ensure that rules and regulations presented to the State Board for its approval are developed with input from the State Board. The State Board may recommend that the Secretary undertake certain initiatives which the State Board believes would improve public education in Delaware. (2) Provide the Secretary of Education with advice on the Department’s annual operating budget and capital budget requests. (3) Provide the Secretary of Education with advice in the preparation of the annual report specified in § 124 of this title, including recommendations for additional legislation and changes to existing legislation. (4) Provide the Secretary of Education with advice concerning the implementation of the student achievement and statewide assessment program specified in § 122(b)(4) of this title. Page 2 Title 14 - Education (5) Decide, without expense to the parties concerned, certain types of controversies and disputes involving the administration of the public school system. The specific types of controversies and disputes appropriate for State Board resolution and the procedures for conducting hearings must be established by rules and regulations under § 121(a)(12) of this title. (6) Fix and establish the boundaries of school districts which may be doubtful or in dispute, or change district boundaries as provided in §§ 1025, 1026, and 1027 of this title. (7) Decide on all controversies involving rules and regulations of local boards of education under § 1058 of this title. (8) Subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the State Board finds appropriate to conduct investigations and hearings under paragraphs (b)(5), (6), and (7) of this section. (9) Review decisions of the Secretary of Education, upon application for review, where specific provisions of this title provide for such review. The State Board may reverse the decision of the Secretary only if it decides, after consulting with legal counsel to the Department, that the Secretary’s decision is contrary to a specific state or federal law or regulation, not supported by substantial evidence, or arbitrary and capricious. In such cases, the State Board shall set forth in writing the legal basis for its conclusion. (10) Approve Department rules and regulations that require State Board approval, under specific provisions of this title, before the rules and regulations are implemented. (11) Approve rules and regulations governing institutions of postsecondary education that offer courses, programs of courses, or degrees within the State or by correspondence to residents of this State under§ 121(a)(16) or § 122(b)(8) of this title. (12) Any provision of Chapter 5 of this title to the contrary notwithstanding, decide appeals of decisions by the board of directors of a charter school to suspend or expel a student for disciplinary reasons. In deciding such cases, the State Board shall employ the standard of review under § 1058 of this title. (13) Digitally record all of the State Board’s regular monthly public board meetings and make the recordings available to the public on the Department of Education’s website within 7 business days of each meeting. These recordings are not official board minutes, but are a means to enhance communication to the public and state legislators. The requirements of this section do not apply to meetings where recording equipment is not available, executive sessions, or other State Board meetings, such as workshops, retreats, and committee meetings. The Department of Education must provide a written transcript of a regular monthly public State Board meeting that is digitally recorded under this paragraph, or other reasonable accommodation, within 7 business days upon request of an individual with a hearing impairment. (14) Under Chapter 33 of this title, serve as the State Board for Vocational-Technical Education (Career and Technical Education) and as the “eligible agency” and sole agency responsible for the supervision of administration of career and technical education for purposes of the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) (20 U.S.C. § 2301 et seq.), and any subsequent reauthorization thereof, and be subject to its requirements and any implementing regulations. As used in this title, “career and technical education” has the same meaning as “vocational-technical education.” (c) (1) The Department, through the Secretary, shall provide reasonable staff support to assist the State Board in performing its duties under this title. The Department shall provide to the State Board all of the following: a. Reports and data necessary to enable the State Board to perform its duties under this title. b. One staff member, an Executive Director. A majority of the State Board members shall select the Executive Director. Once appointed, the Executive Director is an employee of the Department, subject to all of the Department’s employment policies and procedures, and serves at the pleasure of the State Board. The Executive Director’s duties are as follows: 1. Coordinate and implement all requirements for State Board meetings, including posting meeting notices and minutes. 2. Provide necessary reports and data in conjunction with paragraph (c)(1)a. of this section regarding the State Board’s responsibilities. 3. Support State Board members in necessary training and preparation to fulfill their roles and responsibilities. 4. Serve as the State Board’s point of contact regarding matters specific to the State Board. 5. Produce and post minutes for each State Board meeting, including uploading digital recordings under paragraph (b)(13) of this section. (2) The Secretary of Education, in addition to the Secretary’s other duties of office, serves as Executive Secretary of the State Board. (d) The members of the State Board appointed under paragraph (a)(1) of this section must be of good character and fitness and, in addition to the requirements of subsection (a) of this section, are subject to the following qualifications: (1) At least 2 members must have prior experience on a local board of education. (2) No more than 4 members may belong to the same political party. (3) An individual who has been a resident of this State for less than 5 years immediately preceding appointment is not eligible to be a member. (4) An individual who is already subject to the State Board’s authority may not be appointed to the State Board as a voting member. (5) A member is eligible for reappointment unless otherwise disqualified by this title. (6) The members must meet the following geographic qualifications: Page 3 Title 14 - Education a. The President and 1 other member may be appointed from the State at large. b. One member is a resident of the City of Wilmington. c. Two members are residents of New Castle County outside the City of Wilmington. d. One member is a resident of Kent County. e. One member is a resident of Sussex County. (e) (1) If, after appointment, a State Board member is convicted or pleads guilty or nolo contendere to a crime under § 209(a) of this title, the Governor must remove the member. (2) a. If a State Board member is charged with a crime under § 209(a) of this title, the State Board member is automatically suspended pending the final resolution of the charges. b. If the charges under § 209(a) of this title that are the basis of the suspension under paragraph (e)(2)a. of this section are resolved in favor of the suspended State Board member before the expiration of the suspended State Board member’s unexpired term, the State Board member may immediately return to service as a member of the school board. (3) If a State Board member is suspended under paragraph (e)(2)a. of this section, the State Board member’s seat is treated as vacant for purposes of quorum under subsection (i) of this section until 1 of the following occur: a. The suspended school board member resigns. b. The suspended school board member’s term expires. c. The charges that are the basis for the suspension are resolved in favor of the suspended school board member. d. The suspended school board member ceases to be a member of the school board under paragraph (e)(1) of this section. (f) [Repealed.] (g) The Department shall provide or obtain office space in Dover for the State Board. (h) State Board members shall receive $100 for each day’s attendance at State Boardmeetings, not to exceed 24 days’ attendance in any 1 calendar year, and be reimbursed for actual travel and other necessary expenses incurred in attending meetings and transacting the business of the State Board. (i) The number of members who must be present at a State Board meeting in order to have a quorum and conduct official business is the majority of appointed, voting members. (j) The Governor may remove a State Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of State Board meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation. (k) The State Board shall rotate locations of regular meetings among the 3 counties of this State, with each location to host, whenever possible, an agenda item that is relevant to the county in which it is being held, and rotating the locations among the 3 counties in such a way to facilitate parents’, teachers’, and other community members’ attendance. (21 Del. Laws, c. 67, § 1; 26 Del. Laws, c. 94, §§ 1, 2; Code 1915, § 2273; 32 Del. Laws, c. 160, § 2; 37 Del. Laws, c. 193, § 1; Code 1935, § 2623; 14 Del. C. 1953, § 101; 59 Del. Laws, c. 173, §§ 1, 2; 69 Del. Laws, c. 16, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 3; 73 Del. Laws, c. 164, § 4; 73 Del. Laws, c. 188, § 7; 77 Del. Laws, c. 51, § 1; 77 Del. Laws, c. 431, §§ 13-15; 78 Del. Laws, c. 45, § 1; 79 Del. Laws, c. 83, § 1; 81 Del. Laws, c. 376, § 1; 83 Del. Laws, c. 187, § 2; 83 Del. Laws, c. 339, § 31.) § 105. State Board of Education procedures. (a) The State Board shall hold an annual meeting in Dover each July and, at each annual meeting, elect 1 of its members to serve as VicePresident. Other meetings must be held at such times and places as the duties and business of the State Board require, consistent with the requirements of § 104(k) of this title. A motion or resolution may not be adopted without the concurrence of a quorum of the State Board. (b) Whenever this Code requires that the State Board approve a regulation or other action proposed by the Department, the State Board must decide whether to approve such regulation or action at a meeting held in conformity with Chapter 100 of Title 29. Provided that the Department has complied with Chapter 101 of Title 29 in proposing a regulation or other regulatory action to the extent such action is governed by Chapter 101 of Title 29, the State Board is not subject to Chapter 101 of Title 29 in approving or refusing to approve the proposed regulation or other regulatory action. (c) (1) The State Board shall permit public comment on each agenda item before voting on the agenda item and in proximity to the time at which the State Board discusses the agenda item. (2) Notwithstanding paragraph (c)(1) of this section, the State Board is not required to permit public comment on an agenda item that, under Delaware law or Department or State Board rules, has a formal comment period or a process for making a record in an administrative matter that has closed before the State Board’s discussion of the agenda item, including charter school applications or formal reviews, amendments to Department and Professional Standards Board regulations, and student appeals. (71 Del. Laws, c. 180, § 3; 81 Del. Laws, c. 376, § 2.) Page 4 Title 14 - Education § 106. Advisory Board to the Secretary of Education. There shall be formed an Advisory Board to the Secretary of Education consisting of a representative from each board of education and from each county vocational-technical district, and such additional representatives of educational stakeholder organizations as appointed by the Secretary and the State Board. This Board shall not meet less than twice in any calendar year and the State Board shall participate in such meetings. The Advisory Board shall: (1) Review current state policies and submit recommendations to the Department of Education when appropriate for changes, modifications or deletions; (2) Study and review planning guides for program improvement of the Delaware Public School System as submitted by the Department of Education and make appropriate recommendations to the Department of Education on legislative and policy implementation; and (3) Meet at a time and place that shall be at the discretion of the Secretary of Education or the Deputy Secretary. The call for the meeting shall be through the office of the Secretary of Education. The members of the Advisory Board shall receive their actual expenses for 2 dinner meetings per year, but not including travel expenses. The Department of Education shall not expend more than $1,000 for such expenses during any 1 fiscal year. (14 Del. C. 1953, § 110; 57 Del. Laws, c. 90; 71 Del. Laws, c. 180, § 3.) § 107. P-20 Council. (a) There shall be formed a P-20 Council to coordinate educational efforts of publicly-funded programs from early care through higher education and to foster partnerships among groups concerned with public education. The P-20 Council shall make recommendations designed to ensure a more integrated, seamless education system that enables children to enter school ready to learn, receive challenging instruction throughout their school careers, graduate from high school ready for college and careers, and continue their education through postsecondary study in a way that makes them productive and successful citizens. (b) The P-20 Council shall be co-chaired by the Secretary of Education and the President of the State Board of Education. The Council members shall include the presidents (or their designees) of the public institutions of higher education in Delaware, along with the presidents of the institutions of higher education offering degree programs in education (or their designees). Additional members shall include the Chair of the Delaware Early Care and Education Council, the Chairs of the House and Senate Education Committees, a representative of the Governor’s Office, the Chair of the Business Roundtable Education Committee, the Executive director of the Delaware State Chamber of Commerce, the Secretary of the Department of Labor, the Secretary of the Department of Services for Children, Youth and their Families, the Secretary of the Department of Health and Social Services, the Secretary of the Department of Technology and Information, the Chief of the Delaware Chief School Officers Association, the President of the Delaware State Education Association, the President of the Delaware Parent-Teacher Association and the President of the Charter School Network, or their designees. (c) The Co-Chairs may also establish such subcommittees as needed and determine the subcommittee memberships. (75 Del. Laws, c. 62, § 1; 78 Del. Laws, c. 113, §§ 1, 2; 78 Del. Laws, c. 234, § 1.) Subchapter II Powers and Duties § 121. General powers of the Department of Education. (a) The Department shall exercise general control and supervision over the public schools of the State, including: (1) Developing and executing the educational policies and laws of the State and promoting public sentiment in support of public education; (2) Consulting, advising and cooperating with the boards of education and superintendents of reorganized school districts, and other officers, principals, teachers and interested citizens in matters relating to education and to the conduct of schools; (3) Appointing, through the Secretary, by execution of a written contract for a term of not less than 1 year nor more than 5 years, of additional officers necessary for administering and developing the policies, rules and regulations of the Department. As used in this section, the term “additional officers” shall be defined as the team leaders and directors authorized by § 1321(a) of this title and any certificated professional employees assigned to the office of the Secretary whose positions are not covered in § 103(a)(2) of this title. The Secretary may elect not to renew the contract of any additional officer upon its expiration. However, in such a case the Secretary shall notify the officer in writing by certified mail, return receipt requested, at least 4 months prior to the expiration date of the existing contract that the Secretary does not intend to renew the contract, thereby providing official notice that the services of the officer are to be terminated. Failure to notify an additional officer covered by this subsection in writing by the required date shall result in an automatic extension of the existing contract for a period of 1 year from its expiration date; (4) Hiring, through the Secretary, by execution of a written contract for a term of not less than 1 year and not more than 5 years, of certificated professional employees, other than those persons described in paragraph (a)(3) of this section and § 103(a)(2) of this title, necessary for carrying out the policies, rules and regulations of the Department. For the purposes of this subsection, the term “certificated professional employees” includes education associates, education specialists, field agents, technicians and other employees Page 5 Title 14 - Education holding positions of similar rank. The Secretary may elect not to renew the contract of a certificated professional employee upon its expiration. However, in such a case, the Secretary shall notify the employee in writing by certified mail, return receipt requested, at least 4 months prior to the expiration date of the existing contract that the Secretary does not intend to renew the contract, thereby providing official notice that the services of the employee are to be terminated. Failure to notify a person covered under this subsection in writing by the required date shall result in an automatic extension of the existing contract for a period of 1 year from its expiration date. The written notification shall indicate that just cause exists for the Secretary’s proposed action. For the purposes of this subsection, “just cause” shall be defined as including, but not limited to, reduction in force, inefficiency, or unsatisfactory performance of duties. Any employee notified of the Secretary’s intention not to renew for reasons other than a reduction in force may request a formal hearing before a hearing officer appointed by the Secretary of the Department of Human Resources within 15 calendar days from the date that notice of the Secretary’s intention not to renew is sent by certified mail. In the event that an employee requests a hearing in a timely manner, the Department of Human Resources shall convene a hearing no earlier than 10 days nor later than 90 days after receipt of the request for a hearing, unless both parties agree to a different schedule. The employee shall have the opportunity to present information in the employee’s own defense and may have legal counsel at the hearing; (5) Dismissing or disciplining, through the Secretary, during the contract period, for misconduct in office, incompetency, or wilful neglect of duty, any officer or certificated professional employee appointed under this title or under any special school law, except an employee whose position is covered in § 103(a)(2) of this title, giving the employee a copy of the charges against the employee. In making a determination to dismiss or to impose a lesser disciplinary action, the Secretary shall assess and take into account any mitigating or extenuating circumstances as well as the employee’s work history. Any employee dismissed pursuant to this subsection may request a formal hearing before a hearing officer appointed by the Secretary of the Department of Human Resources within 15 calendar days from the date that notice is sent by certified mail or the date of receipt of the written notification of dismissal from the Secretary if hand-delivered, whichever is applicable. In the event that an employee timely requests a hearing, the Department of Human Resources shall convene a hearing no earlier than 10 days nor later than 90 days after receipt of the request for a hearing, unless both parties agree to a different schedule. The employee shall have the opportunity to present information in the employee’s own defense and may have legal counsel at the hearing; (6) Hiring, through the Secretary, any clerical assistants and other noncertificated employees necessary to provide support in carrying out the policies, rules and regulations of the Department or the State Board, or both. An employee hired pursuant to this subsection shall not enter into a written contract with the Department. Such employee shall be subject to dismissal or other disciplinary action imposed by the Secretary only for just cause. For the purposes of this subsection, “just cause” includes, but is not limited to, reduction in force, inefficiency, unsatisfactory performance of duties, misconduct, immorality, incompetency, and wilful neglect of duty; In making a determination to dismiss or to impose a lesser disciplinary action pursuant to this subsection, the Secretary shall assess and take into account any mitigating or extenuating circumstances as well as the employee’s work history. Any employee dismissed pursuant to this subsection may request a formal hearing before a hearing officer appointed by the Secretary of the Department of Human Resources within 15 calendar days from the date that notice is sent by certified mail or the date of receipt of the written notification of dismissal from the Secretary if hand-delivered, whichever is applicable. In the event that an employee timely requests a hearing, the Department of Human Resources shall convene a hearing no earlier than 10 days nor later than 90 days after receipt of the request for a hearing, unless both parties agree to a different schedule. The employee shall have the opportunity to present information in the employee’s own defense and may have legal counsel at the hearing; (7) Granting to any person employed by the Department pursuant to this section who is called to the service or voluntarily enters the Armed Forces of the United States or the National Guard of the State, when in continuous active service, a leave of absence which shall cover the period of voluntary service, not to exceed 3 years, or the term of service to which the person has been called until that term of service is terminated; and upon the completion of the leave of absence, reinstating such person in the position which the person held at the time that the leave of absence was granted, if such person has received a certificate of satisfactory completion of service; (8) Appointing persons to replace employees on leaves of absence for active military service, as described in paragraph (a)(7) of this section, but such appointments shall be only for the period covered by said leaves of absence; (9) Requiring boards of education of reorganized school districts to submit reports covering student achievement, discipline, expenditures, business methods, accounts, registration, attendance, and any other matter it finds necessary and advisable consistent with the State’s policy, as reflected in §§ 122(d), (e) and 124A(f) of this title, to avoid duplicative or unnecessarily burdensome reporting obligations; and receiving and examining such reports and, through its staff, examining and giving advice on expenditures, business methods, and accounts of boards of education of reorganized school districts; (10) Conducting investigations relating to the educational needs of the State and the means of improving the educational conditions including, without limitation: conducting an audit or evaluation of education programs; developing, validating, or administering predictive tests; administering student aid programs; improving instruction; conducting research and evaluation regarding federal, state or local education and training programs; or providing for the enforcement of or compliance with federal legal requirements relating to those programs; and, for such investigations, collaborating with other organizations, including, without limitation, the P-20 Council, to conduct studies for or on behalf of the Department, employing additional expert assistants and appointing special agents when deemed advisable; Page 6 Title 14 - Education (11) Causing the provisions of this title to be carried into effect, so as to provide a general and efficient system of public schools throughout the State; (12) Deciding, without expense to the parties concerned, certain types of controversies and disputes involving the administration of the public school system. The specific types of such controversies and disputes appropriate for Department resolution and the procedures for the resolution of such controversies and disputes shall be established by rules and regulation proposed by the Secretary subject to approval by the State Board. Hearing examiners or panels, including panels of the State Board of Education, may be appointed to hear such controversies and disputes; (13) Obtaining witnesses and documents through subpoena, administering oaths, examining under oath, and causing such examinations to be reduced to writing, when necessary to enforce any provision of this title. The Secretary and the State Board of Education, and any hearing examiner or panel duly appointed by either, may exercise the provisions of this subsection; (14) Entering into contracts with states bordering on the State, or with agencies, political subdivisions or school districts of such states, for the establishment and operation of joint educational facilities wherever it is found by the Department that such joint facilities would be of greater educational value to the citizens of the State than separate facilities. Tuition payments required by such contracts shall be paid from funds specifically appropriated in the annual budget for this purpose, from educational contingency funds, or from both. Tuition payments received under such contracts shall be deposited in the General Fund of the State, notwithstanding any other provisions of this title; (15) Supervising generally the design of educational facilities by: a. Establishing and applying evaluative criteria to all stages in the design of proposed educational facilities; b. Analyzing and researching design factors as they relate to educational effectiveness; c. Recommending to local school districts matters dealing with educational design; (16) Establishing the criteria for and approving the operation of postsecondary institutions in the State that are not established by law and authorizing postsecondary institutions that are not established by law to confer degrees; (17) Collecting, integrating, and reporting longitudinal student and educator data for such purposes as implementing federal- or state-required education performance accountability measures; conducting research and evaluation regarding federal, state and local education, and training programs; and conducting audits and ensuring compliance of those programs with applicable federal and state requirements; and (18) Approving Delaware colleges for Veteran’s Administration programs. (b) The Department shall establish a voluntary licensure and certification system for nonpublic school teachers, specialists, and administrators employed in this State, and is empowered to make rules and regulations to implement the same. (1) Said system shall consist of a 3-tiered licensure system consisting of an initial license, continuing license and an advanced license. The prerequisites required for issuance of an initial, continuing or advanced license to a nonpublic school teacher, specialist or administrator shall be consistent, to the extent possible, with those required for the issuance of an initial, continuing or advanced license to a public school educator as set forth in subchapter II of Chapter 12 of this title. The qualifications for a standard certificate, an emergency certificate, or a certificate of eligibility shall be consistent, to the extent possible, with those required for the issuance of same to a public school educator, as set forth in subchapter III of Chapter 12 of this title. (2) If a nonpublic school licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of the licensee’s initial license, complete such professional development and mentoring activities as may be required by the Department. (3) A licensed and certified non-public school teacher, specialist or administrator must receive at least 1 performance appraisal evaluation annually. The evaluation must be in a form approved by the Department and consistent with the Delaware Professional Teaching Standards and the Delaware Administrator Standards. The performance appraisal evaluation must include an overall rating and a student improvement component rating, and must identify what constitutes satisfactory and unsatisfactory performance on the overall evaluation and each component of the evaluation. The performance appraisal evaluation must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement and weighted at least as high as any other component. The measure of student improvement must be approved by the Department. (4) The Department, through the Associate Secretary, Educator Support, may deny an applicant’s application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subsection for any of the causes enumerated in § 1218(a) or (b) of this title. The Department shall not take action to deny a license under this subsection without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Secretary of Education or the Secretary’s designee. The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations. (5) a. Except as otherwise provided in paragraphs (b)(5)b. and c. of this section, the Department, through the Associate Secretary, Educator Support, may suspend, revoke or limit a license issued under the provisions of this subsection for any of the causes set forth in § 1218(a) of this title. b. The Department, through the Associate Secretary, Educator Support, shall revoke a license issued under the provisions of this subsection for any of the causes set forth in § 1218(b) of this title. Page 7 Title 14 - Education c. The Department, through the Associate Secretary, Educator Support, may automatically suspend any license without a prior hearing if the license holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this paragraph is effective on the date of the arrest or grand jury indictment. The provisions of § 1218(c) of this title shall apply to any automatic suspension under this subsection with the exception that the license holder may request an expedited hearing before the Secretary of Education within 20 calendar days from the date the notice of the Department’s decision to temporarily suspend the license holder’s license was mailed. In the event that the license holder requests an expedited hearing in a timely manner, the Secretary of Education or the Secretary’s designee shall convene a hearing within 90 days of the receipt of such a request. An order of suspension under this subsection shall remain in effect until the final order of the Associate Secretary, Educator Support or the Secretary of Education becomes effective. d. The Department, through the Associate Secretary, Educator Support, may take an action under paragraph (b)(5)a., b., or c. of this section on the basis of substantially comparable conduct occurring in a jurisdiction outside this State or occurring before a person applies for or receives any license. e. Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which would constitute grounds for revocation, suspension or limitation of license under § 1218(a) or (b) of this title or has been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11, shall notify the Department of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall be grounds on which the Department may limit, suspend, or revoke the holder’s license. f. Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Department of such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Department may limit, suspend or revoke the holder’s license. g. The Department may investigate any information received about a person that reasonably appears to be the basis for action under paragraphs (b)(5)a. through c. of this section. The Department shall not investigate anonymous complaints. The Department shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder to the license holder’s last known address. All information obtained during an investigation is confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). The Associate Secretary, Educator Support, shall review the results of each investigation and shall determine whether the results warrant initiating action under paragraph (b)(5)a., b. or c. of this section. h. Whenever the basis of for action under paragraph (b)(5)a. or b. of this section is a guilty plea, nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof. i. The Department, through the Associate Secretary, Educator Support, may enter a consent agreement with a person against whom action is being taken under paragraph (b)(5)a., b. or c. of this section. j. The Associate Secretary, Educator Support, shall not take action against a person under paragraph (b)(5)a. or b. of this section without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Secretary of Education. Notice shall be sent to the person’s last known address. The license holder shall have 30 calendar days from the date the notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this subsection, the burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has engaged in misconduct as defined by paragraphs (b)(5)a. and b. of this section or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written request for a hearing is received by the Secretary of Education, the license holder’s license shall be deemed to be revoked, suspended, or limited and the holder shall be so notified. k. A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Department, upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended but shall meet the license requirements that are in effect at the time of the application for the license. l. If any of the causes listed in § 1218(a) or (b) of this title are determined, the Associate Secretary, Educator Support or the Secretary of Education after a hearing, may put limitations on a license that may include any of the following: 1. Restrictions on the ages of students with whom the license holder may work. 2. Additional supervision requirements. 3. Education, counseling, or psychiatric examination requirements. m. If a decision of license limitation, suspension or revocation is based on § 1218(a)(4), (a)(5), or (b)(1) of this title, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction, the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation of the final status of the judicial proceeding, and the license shall be reinstated. Page 8 Title 14 - Education n. An individual whose license has been revoked under paragraph (b)(5)a. of this section may petition the Department for reinstatement of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Department a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (b)(5)n.1. of this section. 1. The Department shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant such a petition if it is in the best interest of the public schools of the State: A. The nature and circumstances of the individual’s original misconduct; B. The individual’s subsequent conduct and rehabilitation; C. The individual’s present character; and D. The individual’s present qualifications and competence to engage in the practice of instruction, administration or other related professional support services. 2. A former license holder is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a denial of reinstatement pursuant to this subsection. 3. A license revoked under paragraph (b)(5)b. of this section or suspended under paragraph (b)(5)c. of this section may not be reinstated under this section. A license revoked under § 1218(b)(1) of this title may only be reinstated pursuant to this paragraph (b)(5)n. and a license suspended under paragraph (b)(5)c. of this section may only be reinstated pursuant to of § 1218(c)(5) of this title or after a hearing before the Secretary of Education or the Secretary’s designee. o. All communications between a license holder and the Department provided for in this subsection shall be by certified mail, return receipt requested. (6) The Department shall issue a continuing license to a nonpublic school teacher, specialist or administrator holding a Delaware certificate issued by an education certifying board prior to July 13, 1971, or upon the expiration of a professional status certificate or standard certificate issued by the Department. (7) Licenses and certificates issued to nonpublic school teachers, specialists and administrators shall have the same force and effect as licenses and certificates issued pursuant to subchapters II and III of Chapter 12 of this title. (8) a. Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this subsection does not expire for a “qualifying person” as defined in paragraph (b)(8)d. of this section as follows: 1. If the qualifying person holds an initial license, for 180 days after the date the qualifying person returns from active deployment. 2. If the qualifying person holds a continuing or advanced license, for 270 days after the date the qualifying person returns from active deployment. b. A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license shall submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment. c. The protection from license expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure as established by this subsection and the regulations promulgated thereunder. d. As used in this subsection, “qualifying person” means an individual who is a member of the active duty military, a member of the National Guard, a member of the military reserve, retired military, or a military veteran. (9) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (b)(8)d. of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to subsection (b) of this section within 2 years of the lapse or expiration of any such license. The qualifying person or the spouse of a qualifying person shall submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection shall not apply to a license that was suspended or revoked. (c) The Department shall establish a licensure and certification system for public education employees in this State that applies to Department of Education employees, adult education employees, and prison education employees whose work responsibilities are directly related to curriculum and instruction, but does not apply to public school educators who shall be licensed and certified in accordance with subchapters II and III of Chapter 12 of this title. The Department shall be empowered to promulgate rules and regulations to implement such system. (1) For purposes of this section only, “public education employee” means a public education employee whose work responsibilities are directly related to curriculum and instruction, and includes Department employees, adult education employees, and prison education employees, but does not include public school educators who shall be licensed and certified in accordance with subchapters II and III of Chapter 12 of this title. (2) Said system shall consist of 3-tiered licensure system consisting of an initial license, continuing license and an advanced license. The prerequisites required for issuance of an initial, continuing or advanced license to a public education employee shall be consistent, to the extent possible, with those required for the issuance of an initial, continuing or advanced license to a public school educator as set Page 9 Title 14 - Education forth in subchapter II of Chapter 12 of this title. The qualifications for a standard certificate, an emergency certificate, or a certificate of eligibility shall be consistent, to the extent possible, with those required for the issuance of same to a public school educator, as set forth in subchapter III of Chapter 12 of this title. (3) If a licensee under this section intends to apply for a continuing license, the licensee shall, prior to the expiration of the licensee’s initial license, complete such professional development as may be required by the Department. (4) A licensed and certified public education employee shall be evaluated pursuant to a performance appraisal evaluation developed by the Department. (5) The Department, through the Associate Secretary, Educator Support, may deny an applicant’s application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subsection for any of the causes enumerated in § 1218(a) or (b) of this title. The Department shall not take action to deny a license under this subsection without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Secretary of Education or the Secretary’s designee. The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations. (6) a. Except as otherwise provided in paragraphs (c)(6)b. and c., of this section the Department, through the Associate Secretary, Educator Support, may suspend, revoke or limit a license issued under the provisions of this subsection for any of the causes set forth in § 1218(a) of this title. b. The Department, through the Associate Secretary, Educator Support, shall revoke a license issued under the provisions of this subsection for any of the causes set forth in § 1218(b) of this title. c. The Department, through the Associate Secretary, Educator Support, may automatically suspend any license without a prior hearing if the license holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this paragraph is effective on the date of the arrest or grand jury indictment. The provisions of § 1218(c) of this title shall apply to any automatic suspension under this subsection with the exception that the license holder may request an expedited hearing before the Secretary of Education within 20 calendar days from the date the notice of the Department’s decision to temporarily suspend the license holder’s license was mailed. In the event that the license holder requests an expedited hearing in a timely manner, the Secretary of Education or the Secretary’s designee shall convene a hearing within 90 days of the receipt of such a request. An order of suspension under this subsection shall remain in effect until the final order of the Associate Secretary, Educator Support or the Secretary of Education becomes effective. d. The Department, through the Associate Secretary, Educator Support, may take an action under paragraph (c)(6)a., b., or c. of this section on the basis of substantially comparable conduct occurring in a jurisdiction outside this State or occurring before a person applies for or receives any license. e. Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which would constitute grounds for revocation, suspension or limitation of license under § 1218(a) or (b) of this title or has been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11, shall notify the Department of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall be grounds on which the Department may limit, suspend, or revoke the holder’s license. f. Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Department of such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Department may limit, suspend or revoke the holder’s license. g. The Department may investigate any information received about a person that reasonably appears to be the basis for action under paragraphs (c)(6)a. through c. of this section. The Department shall not investigate anonymous complaints. The Department shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder to the license holder’s last known address. All information obtained during an investigation is confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). The Associate Secretary, Educator Support, shall review the results of each investigation and shall determine whether the results warrant initiating action under paragraph (c)(6)a., b. or c. of this section. h. Whenever the basis of for action under paragraph (c)(6)a. or b. of this section is a guilty plea, nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof. i. The Department, through the Associate Secretary, Educator Support, may enter a consent agreement with a person against whom action is being taken under paragraph (c)(6)a., b. or c. of this section. j. The Associate Secretary, Educator Support, shall not take action against a person under paragraph (c)(6)a. or b. of this section without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Secretary of Education. Notice shall be sent to the person’s last known address. The license holder shall have 30 calendar days from the date Page 10 Title 14 - Education the notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this subsection, the burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has engaged in misconduct as defined by paragraphs (c)(6)a. and b. of this section or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written request for a hearing is received by the Secretary of Education, the license holder’s license shall be deemed to be revoked, suspended, or limited and the holder shall be so notified. k. A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Department, upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended but shall meet the license requirements that are in effect at the time of the application for the license. l. If any of the causes listed in § 1218(a) or (b) of this title are determined, the Associate Secretary, Educator Support or the Secretary of Education after a hearing, may put limitations on a license that may include any of the following: 1. Restrictions on the ages of students with whom the license holder may work. 2. Additional supervision requirements. 3. Education, counseling, or psychiatric examination requirements. m. If a decision of license limitation, suspension or revocation is based on § 1218(a)(4), (a)(5), or (b)(1) of this title, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction, the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation of the final status of the judicial proceeding, and the license shall be reinstated. n. An individual whose license has been revoked under paragraph (c)(6)a. of this section may petition the Department for reinstatement of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Department a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (c)(6)n.1. of this section. 1. The Department shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant such a petition if it is in the best interest of the public schools of the State: A. The nature and circumstances of the individual’s original misconduct. B. The individual’s subsequent conduct and rehabilitation. C. The individual’s present character. D. The individual’s present qualifications and competence to engage in the practice of instruction, administration or other related professional support services. 2. A former license holder is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a denial of reinstatement pursuant to this subsection. 3. A license revoked under paragraph (c)(6)b. of this subsection or suspended under paragraph (c)(6)c. of this section may not be reinstated under this section. A license revoked under of § 1218(b)(1) of this title may only be reinstated pursuant to paragraph (c) (6)n. of this section and a license suspended under paragraph (c)(6)c. of this section may only be reinstated pursuant to § 1218(c) (5) of this title or after a hearing before the Secretary of Education or the Secretary’s designee. o. All communications between a license holder and the Department provided for in this subsection shall be by certified mail, return receipt requested. (7) a. Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this subsection does not expire for a “qualifying person” as defined in paragraph (c)(7)d. of this section as follows. 1. If the qualifying person holds an initial license, for 180 days after the date the qualifying person returns from active deployment. 2. If the qualifying person holds a continuing or advanced license, for 270 days after the date the qualifying person returns from active deployment. b. A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license shall submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment. c. The protection from license expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure as established by this subsection and the regulations promulgated thereunder. d. As used in this subsection, “qualifying person” means an individual who is a member of the active duty military, a member of the National Guard, a member of the military reserve, retired military, or a military veteran. (8) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (c)(7)d. of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to this subsection within 2 years of the lapse or expiration of any such license. The qualifying person or the spouse of a qualifying person shall submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse Page 11 Title 14 - Education of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection shall not apply to a license that was suspended or revoked. (d) The Department’s Office of Child Care Licensing shall exercise general control and supervision to license, register, and monitor all residential and nonresidential child care facilities, including family child care homes, large family child care homes, child care centers, child placing agencies, residential child care facilities, youth camps that accept Purchase of Care, early education programs for children below the grade of kindergarten that are operated by public or private schools, and day treatment programs unless otherwise exempted by law; provided however, that no license for a residential or nonresidential child care facility to be operated within the corporate limits of the City of Wilmington may be granted until the applicant has provided the Department with verification of licensure by the City of Wilmington to operate a child care facility. (21 Del. Laws, c. 67, § 2; 26 Del. Laws, c. 94, § 2; 27 Del. Laws, c. 106; Code 1915, § 2275; 32 Del. Laws, c. 160, § 7; Code 1935, § 2629; Code 1935, c. 71, § 146; 42 Del. Laws, c. 122, § 1; 43 Del. Laws, c. 190, § 3; 14 Del. C. 1953, § 121; 49 Del. Laws, c. 163; 57 Del. Laws, c. 113; 58 Del. Laws, c. 231; 59 Del. Laws, c. 87, § 1; 59 Del. Laws, c. 205, § 1; 62 Del. Laws, c. 118, § 1; 67 Del. Laws, c. 281, § 204; 67 Del. Laws, c. 431, § 2; 68 Del. Laws, c. 290, § 225; 69 Del. Laws, c. 64, § 275; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, §§ 343, 344; 71 Del. Laws, c. 180, § 5; 74 Del. Laws, c. 169, §§ 1, 2; 75 Del. Laws, c. 76, § 1; 75 Del. Laws, c. 77, §§ 39, 40, 45; 75 Del. Laws, c. 88, § 20(2); 77 Del. Laws, c. 114, §§ 1-4; 78 Del. Laws, c. 66, §§ 1-4; 78 Del. Laws, c. 113, §§ 3-5; 81 Del. Laws, c. 66, § 8; 81 Del. Laws, c. 202, § 1; 83 Del. Laws, c. 280, § 5; 83 Del. Laws, c. 401, § 1; 83 Del. Laws, c. 508, §§ 1-4.) § 122. Rules and regulations. (a) The Department shall adopt rules and regulations, consistent with the laws of this State, for the maintenance, administration and supervision throughout the State of a general and efficient system of free public schools in accordance with this title, including the rules and regulations specified in subsection (b) of this section. Such rules and regulations, when prescribed and published, shall not extend, modify or conflict with any law of this State or the reasonable implications thereof, and shall be binding throughout the State. (b) The Department shall prescribe rules and regulations: (1) Governing the hygienic, sanitary and protective construction of school buildings; the selection, arrangement and maintenance of school sites and grounds; and the condemnation, for school purposes, of public school buildings that do not conform to such rules and regulations; (2) Governing the physical inspection of and the protection of the health and physical welfare of public school students in the State; (3) Governing the issuance of certificates and diplomas for the public schools of the State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education; (4) Notwithstanding any other provision, rule, regulation or law to the contrary, determining the minimum number of core classes a student must take and pass each year in order to advance to a higher level; provided however, that the regulation shall, at a minimum, require students in first through eighth grades to pass at least 50% of all classes taken for credit, excluding physical education, and further provided that no student shall be passed to a higher grade level, without passing English/language arts or its equivalent each school year. These requirements shall be in addition to any limitations on grade level promotion or any other requirements imposed upon students pursuant to subchapter III of Chapter 1 of this title. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. (5) Determining the minimum courses of study for all public elementary schools and all public high schools of the State, including ensuring that all elementary school students have an opportunity to attend a school where all elementary school subjects, with the exception of foreign languages, are taught in the English language and requiring that all pupils of all public elementary schools and all public high schools of the State be instructed in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education; (6) Establishing recommended statewide uniform curricula for all public schools of the State. Teachers shall have a role in the curriculum alignment process. Districts shall provide evidence to the Department of Education of curriculum alignment within 12 months of the completion of the recommended curricula in each content area. (7) Governing the attendance of teachers now employed and prospective teachers at the summer schools at the University of Delaware and Delaware State University, and, in cooperation with the Presidents of those institutions, determining the conditions by which such teachers and prospective teachers may receive from the State all or a part of the expenses incurred by such summer school attendance; (8) Implementing the Delaware Higher Education Office’s purpose and responsibilities, governing postsecondary institutions that are not established according to Delaware law, and administering student assistance programs. Rules and regulations adopted pursuant to this subsection are subject to the approval of the State Board of Education; (9) Determining the days on which the schools are closed by the authority of the local board for such reasons as storms, necessary repairs, quarantine, destruction of school property by fire, or other causes. Under the above conditions, a school employee shall suffer no loss of pay, and the total number of hours required by § 1049(a)(1) of this title may be adjusted accordingly. Any excusal of educational hour requirements set forth in § 1049(a)(1) shall be approved by the Secretary and the State Board of Education; Page 12 Title 14 - Education (10) Providing for the enforcement of school attendance laws of this State, controlling the necessary absence of pupils enrolled in the public schools, and determining the circumstances under which such absence shall be considered necessary. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education; (11) Requiring a uniform series of forms and blanks for the keeping and reporting of all financial accounts, the annual school budget and all educational records and providing a series of forms and blanks for the same; and determining a standardized format for district and charter school financial reports, which shall include, but not be limited to, the current budget with expenditures, encumbrances and remaining balances by budget component. District and charter school financial reports shall be posted monthly on the district or charter school website and shall be provided in writing upon request. Any reporting or posting shall be consistent with state law. (12) Providing for the physical examination of students and for the mental examination of such students who have made no advancement in their studies for 3 successive years of regular attendance and ensuring the implementation of § 3122 of this title; (13) Assuring the permanent maintenance for a period of not less than the number of years required by the Delaware Public Archives of the personnel records of all employees of all the school districts of the State, including those employees who terminate employment in the district. These records shall include, but not be limited to, all annual salaries and sick leave and vacation information; (14) Providing for instruction in driver education during the summer months beyond the period usually designated as the school term. The Department shall, subject to approval by the State Board of Education, propose rules and regulations under this paragraph (b)(14). Such rules and regulations must provide for a comprehensive, quality program that, at a minimum, does all of the following: a. Uses dual-controlled vehicles, adheres to procedures provided in § 2710(c) of Title 21, and requires that pupils demonstrate knowledge related to traffic stops by a law-enforcement officer under § 2713(e) of Title 21. b. Makes the program available to any pupil who is a resident of the reorganized school district in which the program is offered or in which the program is offered in cooperation with other reorganized school districts, who has been enrolled in or is eligible for enrollment in the tenth grade or who is enrolled in grades 11 or 12, or who has reached that pupil’s own fifteenth birthday on or before July 15. c. Assigns teachers on a ratio of 1 teacher for each 125 qualified pupils, or assigns 1/5 of a teacher for each 25 qualified pupils, unless these ratios are modified by other sections of this title enacted after July 1, 1967. d. Provides instruction to qualified pupils without charge. e. Requires driver education teachers be regularly certified to teach driver education. f. Pays salaries to teachers assigned to the program in accordance with Chapter 13 of this title. (15) Governing the conduct of interscholastic athletics between all public schools and such nonpublic schools as shall become member schools in the Delaware Interscholastic Association. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. The Secretary, with the approval of the State Board, shall delegate to the Delaware Interscholastic Athletic Association the authority, with Department oversight and subject to State Board review of disputes involving such rules and regulations, to implement the Department’s rules and regulations on this subject. The Department shall not approve any rule or regulation that denies a student the right to simultaneously try out for, practice with or participate in games on a team similar to the school team on which that student is a member, except that the authority for such dual membership and participation on a similar team shall be authorized only upon written consent by the parent, custodian or guardian of the student. Such written consent shall clearly state the authority to participate on a particularly specified team of a designated organization or institution; (16) Requiring health and wellness educational programs for grades K through 12, emphasizing the health enhancement benefits of seat belt usage, exercise, proper nutrition, and the avoidance of unhealthy behaviors such as smoking and drug abuse. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. An advisory and resource committee comprised of the Secretary of Public Safety, the Secretary of Health and Social Services, and the Secretary of Education is hereby established to assist in the development of the program; (17) Establishing mandatory drug and alcohol educational programs in each grade, kindergarten through grade 12, in each public school in this State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education; (18) Providing for the operation of adult education and family literacy programs including, but not limited to, adult basic education, literacy education, adult high school, prison education, apprenticeship programs and family literacy. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education; (19) Providing, in cooperation with the Family Services Cabinet Council, for the operation of state-supported early education preschool intervention and birth mandate programs that are authorized by this title and designed to enhance individual student readiness for public school, unless specific authority is vested elsewhere by this Code; (20) Establishing and monitoring the enforcement, in cooperation with the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families, of standards for state-operated residential programs associated with state-operated educational programs that are authorized by this title; (21) Establishing mandatory research-based fire safety education in grades kindergarten through grade 6 in each public school in this State as part of the appropriate subject area curriculum. Fire safety education may be taught by professional or volunteer firefighters. The education program shall be agreed upon jointly by the Secretary of Education and the Director of the State Fire School; Page 13 Title 14 - Education (22) Relating to public school teacher preparation, recruitment and retention. Regulations promulgated pursuant to this section shall provide that no individual, public or private educational association, corporation or institution, including any institution of postsecondary education, shall offer a course, or courses, for the training of school teachers to be licensed in this State without first having procured the assent of the Department for the offering of such courses; (23) Requiring each reorganized school district and charter school to assess the physical fitness of each student at least once at the appropriate elementary school level (kindergarten through grade 5), the middle level (grade 6 through grade 8), and the high school level (grade 9 through grade 12), with the results to be provided to the parent, guardian or relative caregiver. Provided further, the fitness assessment shall be administered at common grade levels statewide; (24) Defining eligibility for supportive instruction for school district and charter school students. Such regulations shall identify the licensed professionals authorized to certify eligibility for supportive instruction and provide that the certification of an advanced practice nurse, who is employed by or who has a collaborative agreement with a licensed physician, be accepted on the same basis as a physician certification. For purposes of this paragraph, “supportive instruction” means an alternative educational program provided in a home, hospital, or other setting for students temporarily unable to attend their school of enrollment on a full-time basis due to sudden illness, injury, accident, episodic flare up of a chronic condition, or other basis authorized by the Department of Education through regulation; (25) Providing for the governance of any longitudinal data system or database, and governing the collection, use, maintenance, disclosure and sharing of educational records and the information contained therein. Rules and regulations promulgated pursuant to this subparagraph shall be developed in consultation and cooperation with the P-20 Council and Interagency Resource Management Committee (IRMC) and with the consent of the State Board of Education and shall comply with state and federal privacy and confidentiality laws, including, without limitation, the Family Educational Rights and Privacy Act [20 U.S.C. § 1232g], the Protection of Pupil Rights Amendment [20 U.S.C. § 1232h] and the Individuals with Disabilities Education Act [20 U.S.C. § 1401 et seq.] each as amended from time to time; (26) Establishing, for purposes of student discipline, uniform definitions for student conduct which may result in alternative placement or expulsion, uniform due process procedures for alternative placement meetings and expulsion hearings, and uniform procedures for processing Attorney General’s reports. Such regulations shall apply to all districts and charter schools. This paragraph shall not be interpreted to restrict the ability of district and charter schools to determine which student conduct shall result in expulsion or an alternative placement; (27) a. Implementing a 1-time fee of no more than $100 for all applicants for an educator’s first license in Delaware; provided, however, that the fee shall be reimbursed for any applicant who becomes employed as an educator in a Delaware public school. All moneys collected pursuant to this paragraph shall be deposited in the General Fund, with the exception of $90,000, which shall be retained annually by the Department in a special fund to be established for the sole purpose of reimbursing educators. Rules and regulations promulgated pursuant to this paragraph shall be subject to approval by the State Board of Education; b. An applicant who meets the performance assessment requirement in subchapter II of Chapter 12 of this title and becomes employed in a Delaware public school will be reimbursed no less than $100. The reimbursements may be provided from funds collected under paragraph (b)(27)a. of this section; and (28) Developing a process for districts and charter schools to annually identify any enrolled student who is a “military-connected youth.” For purposes of this section, a “military-connected youth” means having an immediate family member, including a parent, stepparent, sibling or any other person residing in the same household, who is on active duty in; serving in the reserve component; or recently retired from a “branch of the United States armed forces.” For purposes of this section, “branch of the United States armed forces” means: a. United States Army; b. United States Air Force; c. United States Marine Corps; d. United States Navy; e. National Guard; f. United States Coast Guard; g. National Oceanic and Atmospheric Administration; or h. United States Public Health Service. The identification of a “military-connected youth” shall not be used for purposes of determining school achievement, growth, or performance. Provided further, the identification of a “military-connected youth” is not a public record under Delaware’s Freedom of Information Act (Chapter 100 of Title 29) or any other law and shall not be made public by any person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. (29) Establishing mandatory instruction in age- and developmentally-appropriate social emotional learning and mental health content in all public schools no later than the 2023-2024 school year. Recommended high quality evidence-based or evidence-informed Page 14 Title 14 - Education educational programming resources to be identified by the Department of Education in collaboration with, but not limited to, district and charter school educators, Department of Health and Social Services, Department of Services for Children, Youth and their Families, and National Alliance on Mental Illness Delaware (NAMI Delaware). (c) The Department shall implement rules and regulations promulgated and adopted by the Professional Standards Board and State Board of Education pursuant to § 1203 of this title governing qualifications, licensure, and certification of educators in all public schools of this State. (d) The Department of Education shall perform and issue a written educational impact analysis of any new proposed regulation and of any regulation that is proposed to be continued pursuant to the review required by subsection (e) of this section. Such educational impact analysis shall address the following criteria: (1) Whether the proposed regulation or the regulation sought to be continued is justified because it will help improve student achievement as measured against state achievement standards; (2) Whether the proposed regulation or the regulation sought to be continued is justified because it will help ensure that all students receive an equitable education, that their health and safety are adequately protected and that their legal rights are respected; (3) Whether the proposed regulation or the regulation sought to be continued preserves the necessary authority and flexibility of decision makers at the local board and school level and does not place unnecessary reporting or administrative requirements or mandates upon them; (4) Whether the proposed regulation or the regulation sought to be continued places decision making authority and accountability for addressing the subject to be regulated in the same entity; (5) Whether the proposed regulation or the regulation sought to be continued is consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies; (6) Whether there is a less burdensome method for addressing the purpose of the proposed regulation or the regulation sought to be continued; and (7) The cost to the state and local school boards of compliance with the proposed regulation or the regulation sought to be continued. (e) For the purpose of ensuring that all regulations are current, that unnecessary or unduly burdensome regulations are repealed or modified, and that more frequent comment from affected constituencies may be obtained, the Department of Education shall establish a process whereby each of its regulations in existence as of January 1, 1997, shall be subjected to review and readoption within the 4 years succeeding such date. Such review and readoption, or modification or repeal, shall be preceded by publication pursuant to Chapter 101 of Title 29. Any such regulation that the Department of Education readopts or readopts in modified form shall be accompanied by an educational impact analysis as required by subsection (d) of this section. Any regulation adopted by the Department of Education subsequent to January 1, 1997, shall be made effective for no more than 5 years and shall be subject to the review and readoption process set forth in this subsection. (f) For the purpose of ensuring that state regulations do not impede innovation or the improvement of student achievement, the Department of Education in conformity with subsection (g) of this section may, upon application by a local board of education established pursuant to a provision of this title, waive any rule or regulation where: (1) Such a waiver would further the accomplishment of state educational policies, particularly those state educational policies 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 harm the State’s ability to ensure that public funds are properly expended and that applicable state and federal laws are followed; and (3) The purpose of the regulation or rule to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule or regulation. The school board of the district making such waiver request shall give notice of the consideration by notices posted in at least 10 public places in the district and on the door of every school in the district 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. (g) For the purposes of ensuring that state regulations do not impede innovation or the improvement of student achievement, the local board may propose, upon application of a duly established school-based committee pursuant to a provision of this title or a school principal of a school without such a committee who demonstrates significant faculty support for the waiver application, that any state rule or regulation, subject to exemption in § 505 of this title be waived where it makes written findings that: (i) such a waiver would further the accomplishment of state and local educational policies, particularly those policies addressing student achievement in the core academic subjects of mathematics, science, language arts and social studies; (ii) such a waiver would not impose undue administrative burden upon the State or harm the State’s ability to ensure that public funds are properly expended and that applicable state and federal laws are followed; and (iii) the purpose of the regulation or rule to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule or regulation. The board of education of the district in which the waiver is requested shall give notice of the receipt of such waiver request as follows: Page 15 Title 14 - Education (1) By notices posted in at least 10 public places in the district and on the door of every school in the district at least 20 days prior to the public meeting of the board at which the proposed waiver request will be presented and discussed. The public shall be provided an opportunity to present comments concerning the requested waiver at a meeting of the local board following posting and prior to its formal proposal; and (2) The board of education shall transmit its written findings pursuant to subsection (g) of this section supporting the proposed waiver to the Department of Education within 5 days thereafter. Within 20 days thereof, the Department of Education may schedule, upon 20 days public notice, a hearing to consider whether to approve the proposed waiver. Absent the scheduling of such a hearing within such time period, the proposed waiver shall be considered approved by the Department of Education and shall then become effective, subject to State Board denial pursuant to this subsection. If the Department of Education schedules a hearing to consider a proposed waiver, it shall issue its decision within 30 days of the hearing. The State Board shall be advised of any waiver of a regulation it must promulgate or approve, and may deny such waiver by action taken within 30 days or by the next regularly scheduled meeting, whichever is earlier, of the waiver’s approval by the Department. (h) (1) Except as otherwise required by law, mandated by federal authority, or as determined by the Secretary to be an emergency situation requiring immediate action to protect public health or safety, no new or amended rule, regulation, or administrative procedure adopted by the Department which has a direct financial impact for the local school district, any school within a local school district or charter school, shall become effective for a local school district or any school within a local school district or charter school after the start of a fiscal year (July 1) unless the superintendent for that district or head of school for that charter school specifically approves such rule, regulation, or administrative procedure to be effective during that fiscal year. (2) “Administrative procedure”, as used in this subsection, means any action that establishes a method, practice, program, or procedure to be followed by a school or local school district or charter school. (21 Del. Laws, c. 67, § 2; 26 Del. Laws, c. 94, § 2; 27 Del. Laws, c. 106; Code 1915, § 2275; 32 Del. Laws, c. 160, § 8; 35 Del. Laws, c. 156, § 1; 36 Del. Laws, c. 217, § 1; Code 1935, § 2630; 46 Del. Laws, c. 202, § 1; 14 Del. C. 1953, § 122; 49 Del. Laws, c. 106; 50 Del. Laws, c. 436, § 1; 56 Del. Laws, c. 192; 56 Del. Laws, c. 281; 56 Del. Laws, c. 292, § 1; 57 Del. Laws, c. 113; 57 Del. Laws, c. 752; 59 Del. Laws, c. 85, §§ 2-4; 59 Del. Laws, c. 420, § 1; 61 Del. Laws, c. 304, § 1; 62 Del. Laws, c. 118, §§ 2, 3; 62 Del. Laws, c. 323, § 1; 63 Del. Laws, c. 16; 63 Del. Laws, c. 290, § 1; 65 Del. Laws, c. 456, § 1; 66 Del. Laws, c. 303, § 286(a); 67 Del. Laws, c. 205, § 1; 67 Del. Laws, c. 344, § 5; 67 Del. Laws, c. 395, § 1; 68 Del. Laws, c. 328, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 365, § 1; 70 Del. Laws, c. 456, § 1; 71 Del. Laws, c. 180, §§ 5, 6; 71 Del. Laws, c. 181, § 1; 71 Del. Laws, c. 416, § 1; 72 Del. Laws, c. 294, § 23; 73 Del. Laws, c. 110, § 1; 73 Del. Laws, c. 137, § 1; 73 Del. Laws, c. 167, § 1; 73 Del. Laws, c. 374, §§ 1, 2; 74 Del. Laws, c. 13, § 17; 75 Del. Laws, c. 42, § 1; 75 Del. Laws, c. 409, § 1; 76 Del. Laws, c. 6, § 1; 78 Del. Laws, c. 112, § 1; 78 Del. Laws, c. 113, § 6; 78 Del. Laws, c. 189, § 1; 80 Del. Laws, c. 127, § 1; 80 Del. Laws, c. 143, § 1; 80 Del. Laws, c. 218, § 1; 80 Del. Laws, c. 257, § 1; 81 Del. Laws, c. 18, § 1; 81 Del. Laws, c. 43, § 4; 81 Del. Laws, c. 350, § 2; 83 Del. Laws, c. 387, § 2; 83 Del. Laws, c. 401, § 1.) § 123. Funds from insurance; retention and use. Any funds received by the Department from any insurance company by reason of the loss of school property insured in such company shall be paid to the Treasurer of the Department and by the Treasurer kept in a special fund. The special fund shall be used by the Department of Education to pay as far as possible or necessary for the repair or rebuilding of any building in connection with the loss sustained. Any moneys remaining in the special fund after carrying out this section shall be deposited in the General Fund of the State. (Code 1915, c. 71; 32 Del. Laws, c. 160, § 51; 34 Del. Laws, c. 172, § 1; Code 1935, § 2640; 14 Del. C. 1953, § 126; 49 Del. Laws, c. 408; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 7.) § 124. Annual report. The Department shall submit to the Governor, each year on or before January 1, an annual report covering the needs of the public education system as identified in the School Profiles published pursuant to § 124A of this title and other studies of the public school system conducted by the Department. The annual report shall include recommendations for additional legislation and for changes in existing legislation. The recommendations shall be accompanied by prepared bills to be laid before the Governor and the General Assembly. The annual report shall include an assessment of the performance of Delaware’s public school system using the information contained in the school profiles published pursuant to § 124A of this title and such other relevant information as is available. Such assessment shall address Delaware’s progress in promoting high student achievement for all students, the success of state and local educational initiatives, and the performance of the Department of Education. (21 Del. Laws, c. 67, § 2; 26 Del. Laws, c. 94, § 2; 27 Del. Laws, c. 106; Code 1915, § 2275; 32 Del. Laws, c. 160, § 10; Code 1935, § 2642; 14 Del. C. 1953, § 127; 70 Del. Laws, c. 458, § 2; 71 Del. Laws, c. 180, § 8.) § 124A. Education Profile reports [For application of this section, see 80 Del. Laws, c. 25, § 2]. (a) On or before August 15, 2003, and on or before August 1 of each subsequent year, the Department of Education shall issue Delaware Public Education Profiles on all Delaware public schools, including charter schools, reorganized and vocational-technical school districts, and the State (hereinafter in this section referred to as “Education Profiles”). Such Education Profiles shall report on the state of Delaware’s Page 16 Title 14 - Education public education system and the progress toward achieving the educational goals established by the General Assembly, State, and the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. (b) The purpose of the Education Profiles shall be to monitor progress and trends toward the achievement of the State’s educational goals, to provide parents and citizens with information they can use to make good choices for their children and to hold the public educational system accountable for its performance and cost-effective use of public funds. The Education Profiles shall be in a userfriendly form that permits educationally meaningful comparisons among schools and school districts, based on accurate, reliable and normalized data. The Education Profiles shall compare data for all Delaware public schools, including charter schools, school districts, and the state to national, regional and statewide data where informative and practicable to do so. (c) The Education Profiles shall contain, but need not be limited to, information such as the following to be reported on a state, district and school-specific basis: (1) Information pertaining to student testing, student achievement and educational outcomes as measured against the State’s standards and other relevant indicators; (2) Information pertaining to school, and/or district, and state accountability; (3) Information pertaining to school safety and discipline and student attendance and truancy; (4) Information pertaining to school district administrator-student ratios, school teacher-student ratios and other staffing ratios; (5) Information pertaining to pupil and staff population demographics; (6) Information pertaining to school district revenues, expenditures, tax rates and wealth; (7) Information pertaining to school curricular offerings; (8) Information pertaining to parent and community involvement in the school and school district; (9) Information pertaining to the school district or school supplied by the school district or school to include in the Education Profile pertaining to the criteria specified in this subsection; (10) Information pertaining to the role of the Title IX Coordinator, which shall include their contact information; and (11) Such other information as the Department, after consultation with the State Board, finds will serve the purposes set forth in subsection (b) of this section. (d) With the goal of encouraging the replication of effective educational policies and practices, the Education Profiles shall also highlight examples of exemplary programs, successful teaching, school climate or disciplinary strategies and other developments that may be of value in improving the performance of Delaware’s students and public schools. (e) The Department shall require public school districts to file district reports containing the data necessary to prepare the Education Profiles and shall prescribe a uniform format for such district reports. To the extent that the information required for the district reports must be filed by districts with the State pursuant to a separate section of this Code or Department regulation, the Department shall not require a duplicative report. (f) The Education Profiles will be published, subject to an annual appropriation in the annual state budget act, at the expense of the State. Said profiles will be printed by the Department of Education in sufficient quantity and supplied to local school districts in sufficient quantity for distribution to district staff, parents and the community at large. (g) The Department of Education with the consent of the State Board of Education shall promulgate rules and regulations to implement the provisions of this section. (70 Del. Laws, c. 458, § 1; 71 Del. Laws, c. 180, § 9; 73 Del. Laws, c. 65, § 13; 74 Del. Laws, c. 28, § 1; 80 Del. Laws, c. 25, § 1.) § 125. Penalty for false testimony. Whoever, having been sworn or affirmed under § 121(a)(13) of this title to tell the truth, wilfully gives false testimony, is guilty of false swearing and shall be punished as perjury is punished. (32 Del. Laws, c. 160, § 7; Code 1935, § 2629; 14 Del. C. 1953, § 129; 71 Del. Laws, c. 180, § 10.) § 126. Leases with the federal government. The Department may enter into contracts with the government of the United States of America or its agencies for the leasing to the Department of machinery, tools, equipment, land, buildings or other items to be used in the school system of this State. The contracts so entered into may be for such terms not exceeding 20 years and on such conditions as the Department may deem advisable. The Department may sublease to reorganized school districts of the State the items so leased for such terms and on such conditions as the Department may deem advisable. (14 Del. C. 1953, § 130; 53 Del. Laws, c. 127; 57 Del. Laws, c. 113; 71 Del. Laws, c. 180, § 11.) § 127. Driver education instruction in nonpublic high schools. The Department of Education shall, subject to the approval of the State Board of Education, make rules and regulations concerning instruction in driver education in nonpublic high schools. Such rules and regulations must include all of the following provisions: Page 17 Title 14 - Education (1) The qualification of teachers for driver education in nonpublic high schools must be the same as the qualification for teachers in the public high schools. (2) The ratio of teachers to pupils for assignment of driver education teachers in nonpublic high schools must be based upon 1 teacher for each 125 tenth grade pupils enrolled in the nonpublic high school or 1/5 of a teacher assignment for each full 25 tenth grade pupils. Tenth grade pupils who are enrolled in the nonpublic high school but who are not residents of this State are excluded from this ratio. (3) General supervision for the program of instruction in driver education in nonpublic high schools is under the jurisdiction of the Department of Education, but the Department may assign general supervision to a local public reorganized school district. (4) Assignment of teachers to nonpublic high schools is by authority of the Department of Education and the Department may require from the nonpublic high schools a statement of certified enrollment on a date and in a form as the Department may require. (5) Salary for teachers in nonpublic high schools, if paid from funds of this State, must be in accord with the regularly adopted salary schedules under Chapter 13 of this title. The salary must be divided by the appropriate factor specified in § 1305(b) of this title to account for supplements normally provided by local school districts. In addition to the calculation under this paragraph (5), teachers and administrators qualifying for professional development clusters in accordance with § 1305(k) of this title must receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in § 1305(b) of this title. This calculation may not be increased for 11- or 12-month employment. The percentage may be applied only to the base 10-month salary for 10-, 11-, and 12-month employees. In accordance with § 1305(o) of this title, the cluster percentage is capped at 15%. (6) For the purposes of administration and supervision, the teachers of driver education in nonpublic high schools are assigned to the Department of Education. (7) Funds for the payment of the salary due to teachers of driver education in nonpublic high schools must be appropriated to the Department of Education. (8) A teacher of driver education may be assigned to several nonpublic high schools, or to both nonpublic and public high schools, in accord with the ratio for assignment under this section. (9) Pupils must demonstrate knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21. (14 Del. C. 1953, § 131; 56 Del. Laws, c. 439, § 1; 57 Del. Laws, c. 113; 66 Del. Laws, c. 303, § 286(b); 71 Del. Laws, c. 180, § 12; 71 Del. Laws, c. 354, § 396; 73 Del. Laws, c. 312, § 312; 75 Del. Laws, c. 89, § 334; 81 Del. Laws, c. 280, § 366; 81 Del. Laws, c. 350, § 3.) §§ 128-130. Responsibility for property of former Educational Television Board; educational television; Public Educational Broadcasting Authority. Repealed by 71 Del. Laws, c. 180, § 13, effective July 31, 1997. § 131. Public school enrollees’ immunization program; exemptions. (a) The Department shall from time to time, with advice from the Division of Public Health, adopt and promulgate rules and regulations to establish an immunization program to protect pupils enrolled in public schools from certain diseases. Such rules and regulations shall include at least the following: (1) The designation of a basic series of immunizations to be administered according to these rules; (2) The requirement that all persons enrolling in the public schools at any age or level as authorized by this title shall have: a. Been immunized according to the required program prior to the time of enrollment in the Delaware schools; b. Begun the series of immunizations not later than the time of enrollment to be completed within a reasonable time as prescribed by the Department in relation to the particular immunization involved; or c. Presented written documentation of any claim of prior immunization in the form of a statement from the immunizing physician or agency or such other form as may from time to time be approved by regulation of the Department; (3) Provision that persons seeking to be enrollees of the public school who have not been immunized or do not meet the requirements for immunization within the time prescribed shall be denied further attendance in the public schools; (4) Provision for written notification of the parent, or legal guardian of an enrollee, of a pending exclusion; (5) Provision for exemption from any or all of the immunization program prescribed for a particular enrollee upon a written statement from a physician, i.e., medical doctor or doctor of osteopathy, stating that the enrollee should not receive the prescribed immunization or immunizations required in the basic series because of the reasonable certainty of a reaction detrimental to that person. The asserted cause of medical exemption may be subject to review and approval by the Division of Public Health. A history of clinical illness of measles or rubella shall not be accepted as cause for exemption. The parents or legal guardian of a child medically exempt from the immunization program shall be informed by schools of the provisions within paragraph (a)(7) of this section; (6) Provision for exemption from the immunization program for an enrollee whose parents or legal guardian, because of individual religious beliefs, reject the concept of immunization. Such a request for exemption shall be supported by the affidavit herein set forth: Page 18 Title 14 - Education AFFIDAVIT OF RELIGIOUS BELIEF STATE OF DELAWARE 1. (I) (We) (am) (are) the (parent(s)) (legal guardian(s)) of Name of Child . 2. (I) (We) hereby (swear) (affirm) that (I) (we) subscribe to a belief in a relation to a Supreme Being involving duties superior to those arising from any human relation. 3. (I) (We) further (swear) (affirm) that our belief is sincere and meaningful and occupies a place in (my) (our) life parallel to that filled by the orthodox belief in God. 4. This belief is not a political, sociological or philosophical view of a merely personal moral code. 5. This belief causes (me) (us) to request an exemption from the mandatory school vaccination program for Name of Child . 6. (I) (We) acknowledge that, in the event that the Division of Public Health declares that there is an outbreak of a vaccine preventable disease, or if in the estimation of the Division of Public Health, (my) (our) child has had, or is at risk of having an exposure to a vaccine preventable disease, (my) (our) child shall be temporarily excluded from attendance at the public school, in which case, it will be (my) (our) responsibility, along with the school, to assist (my) (our) child in keeping up with school work, and (my) (our) child shall be authorized to return to school once approved by the Division of Public Health. 7. (I) (We) acknowledge that (I) (we) have been given the opportunity to receive from the school district information regarding the medical benefits and risks in choosing whether to have the child participate in the immunization program, and if (I) (we) have not taken that opportunity, it is hereby waived. Signature of Parent(s) or Legal Guardian(s) SWORN TO AND SUBSCRIBED before me, a registered Notary Public, this day of , (Stamp or Seal) Notary Public: My commission expires: (7) Provision that, in the event that the Division of Public Health declares that there is an outbreak of a vaccine preventable disease or if in the estimation of the Division of Public Health any child has had or is at risk of having an exposure to a vaccine preventable disease, any child who is enrolled in a public school and who has been exempt from the immunization program for any of the causes authorized herein shall be temporarily excluded from attendance at the public school. Rules and regulations of the Department shall provide that in the event of such temporary exclusion, it will be the responsibility of the school and the parents or legal guardian of the enrollee to assist the enrollee in keeping up with that enrollee’s school work and that no academic penalty shall be suffered by the enrollee upon return to school if the student has maintained that student’s relationship with the school through the assignments prescribed. An enrollee so temporarily excluded shall be authorized to return to school once approved by the Division of Public Health; (8) Provision that in any situation where the parents or legal guardian of the enrollee states that the enrollee has been immunized, but that the record has been lost or destroyed by the provider of the immunizations, the following procedure may be carried out by that responsible person and shall be accepted by the local school district board of education or its designee in lieu of compliance with the immunization requirement: a. The responsible person, or the school nurse, shall sign a statement that the record of the enrollee’s immunization has been lost; and b. The responsible person shall be responsible for the enrollee obtaining 1 dose of each of the vaccines prescribed in the basic series of immunization; (9) Provision for an enrollee who has reached the statutory age of majority set by laws for the State to be responsible for that enrollee’s immunization program and for execution of the request for religious exemption herein authorized; (10) Provision that it shall be the responsibility of each Delaware public school district to administer, or prescribe a designee to administer, rules and regulations herein authorized and promulgated by the Department of Education. (b) Appeals from the decision of the Department rendered pursuant to this section shall be to the Superior Court and shall be made in the same manner as is provided by the Superior Court Civil Rules for appeals from commissions, boards and agencies. Such appeal shall be on the record before the Department. (62 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 14; 72 Del. Laws, c. 449, § 1; 73 Del. Laws, c. 46, § 1; 74 Del. Laws, c. 76, § 2; 80 Del. Laws, c. 91, § 1; 84 Del. Laws, c. 233, § 19.) § 132. Education Science in Motion Fund; receipts; rules and regulations. (a) This section authorizes the creation of a special fund within the State Treasurer’s office, designated the Education Science in Motion Fund, hereinafter referred to as the Fund. The Secretary of Education shall authorize the expenditure of moneys within the Fund. Page 19 Title 14 - Education (b) The Fund shall be expended for 2 vans equipped with science equipment, 1 for New Castle County and 1 for Kent and Sussex Counties, as well as for supplies, operating expenses and personnel. (c) Receipts to the Fund shall include, but are not limited to: (1) Appropriations made at the discretion of the General Assembly; (2) Grant funds; (3) Donations and contributions; (4) Federal funds; and (5) Appropriations made by local governments. (d) The Department of Education shall solicit matching funds from organizations including, but not limited to, private foundations or alliances, public or nonpublic agencies, institutions, organizations or businesses. (e) The Department of Education may adopt rules and regulations necessary for the implementation of this section. (70 Del. Laws, c. 184, § 1; 71 Del. Laws, c. 180, § 15.) § 133. Health Advisory Council. (75 Del. Laws, c. 330, § 1; expired under 75 Del. Laws, c. 330, § 3, eff. June 30, 2011.) § 134. Lead paint on outdoor structures. All provisions of this title must comply with Chapter 30M of Title 16. (81 Del. Laws, c. 396, § 5.) § 135. Purple Star Schools. (a) The Delaware Department of Education shall designate any school, including a district or charter school, as a Purple Star School if the school applies and qualifies for the designation under this section. (b) To qualify as a Purple Star School, a school must: (1) Designate a staff member as a military liaison, whose duties include: a. Identifying military-connected students enrolled at the school. b. Serving as the point of contact between the school and military-connected students and their families. c. Determining appropriate school services available to military-connected students; and d. Assisting in coordinating school programs relevant to military-connected students. (2) Maintain on the school Internet website an easily accessible web page that includes resources for military-connected students and their families, including information regarding: a. Relocation to, enrollment at, registration at, and transferring records to the school. b. Academic planning, course sequences, and advanced classes available at the school. c. Counseling and other support services available for military-connected students enrolled at the school; (3) Maintain a transition program led by students, where appropriate, that assists military-connected students in transitioning into the school. (4) Offer professional development for staff members on issues related to military-connected students. (5) Offer at least 1 of the following initiatives: a. A resolution showing support for military-connected students and their families. b. Recognition of the Month of the Military Child or Military Family Month with relevant events hosted by the school. c. A partnership with a local military installation that provides opportunities for active duty military members to volunteer at the school, speak at an assembly, or host a field trip. d. Other incentives as identified through the Department of Education’s rules and regulations. (c) The Department shall promulgate rules and regulations to administer this section. (83 Del. Laws, c. 120, § 1.) Subchapter III State Public Education Assessment and Accountability System § 151. State assessment system; rules and regulations. (a) The Department shall adopt rules and regulations consistent with the laws of this State governing the statewide assessment of student achievement and the assessment of the educational attainments of the Delaware public school system. The Secretary shall consult with Page 20 Title 14 - Education the State Board and representatives of the local school districts in designing and implementing the assessment program required under this section. The assessment program shall be designed and operated to provide the General Assembly, the Governor, the Secretary, the State Board of Education, educational administrators, teachers, parents and the public with timely and accurate information on student achievement and educational attainments. (b) The Department shall administer both accountability and growth assessments of student achievement for students in grades 3 through 8, provided that additional grades may be added by the Department. (c) The assessments referred to in subsection (b) of this section shall measure achievement in English language arts and mathematics for students in a minimum of grades 3 through 8 and high school, provided additional grades may be added by the Department. Science and social studies shall be assessed for students at least once in the elementary grades, at least once in the middle grades, and at least once in high school. (d) The assessments required in subsections (b) and (c) of this section shall measure: (1) Student performance as required by any federal mandate; and (2) For grades 3 through 8, the academic progress of individual students. (e) Notwithstanding any law or regulation to the contrary, matriculation and academic promotion requirements imposed by § 153 of this title shall be based upon the student’s assessment results received on assessments referred to in subsections (b) and (c) of this section. (f) The Department shall establish alternate assessments for children with disabilities who cannot participate in the statewide assessment of student achievement even with appropriate accommodations and modifications. Alternate assessments must be developed and used in the statewide assessment beginning not later than the 2010-2011 school year. Each local school district, through the individual student’s Individualized Education Program Team or 504 Team, shall determine what assessment the student will take, as well as the student’s matriculation or promotion status and necessary remedial activities if the student’s performance on the assessment is below standard, and if the statewide assessment is administered, what accommodations and/or modifications will be utilized. However, no student shall be denied the opportunity to take the state assessments administered pursuant to subsections (b) and (c) of this section. (g) For kindergarten through second grade, all school districts are required to follow the state standards, to assess the progress of students toward meeting those standards, and to report such progress to parents. (h) The Department shall adopt rules and regulations to implement a common statewide readiness tool that will review a child’s readiness for learning when they enter kindergarten. The readiness tool shall serve as the basis for an objective readiness review conducted by the child’s teacher or other members of the child’s school team. The readiness tool shall review, but not be limited to, the following 5 domains: (1) Language and literacy development; (2) Cognition and general knowledge; (3) Approaches toward learning; (4) Physical well-being and motor development; and (5) Social and emotional development. (i) Implementation of the tool delineated in subsection (h) of this section above shall be phased in with the first identified kindergarten classes completing the readiness review in fall 2012. Thereafter the implementation of the readiness reviews shall be phased in with additional kindergarten classes participating in fall 2013 and fall 2014, with statewide implementation no later than fall 2015. The readiness reviews shall be completed within 30 school days of the start of school. A kindergarten student shall be required to be reviewed for readiness once during the student’s enrollment in kindergarten. The Department regulations promulgated pursuant to this section shall address any exceptions to the requirement for implementation of the readiness tool for all students, based on factors such as a student’s late enrollment in kindergarten. (j) Notwithstanding any other language in this title, a student who has been formally classified as having 1 of the following 4 conditions, and whose parent, IEP team, and school district superintendent or charter school leader believe will not produce valid results on either the standard or alternate assessment despite accommodations and adjustments, shall receive his or her alternate assessment through consideration of work samples, projects and portfolios, which facilitate authentic and direct gauges of student performance with respect to both relevant state standards and the student’s IEP (a “portfolio assessment”). The definition of each of the following 4 conditions shall be the same that is in effect on July 15, 2014, in §§ 922 and 925 of this title of the Delaware Administrative Code [14 DE Admin. Code 922 and 925]: (1) Moderate intellectual disability; (2) Severe intellectual disability; (3) Autism, accompanied by intellectual functioning equivalent to moderate or severe intellectual disability; (4) Multiple disabilities, accompanied by intellectual functioning equivalent to moderate or severe intellectual disability. The parents of a student classified as having 1 of these 4 conditions shall be informed of their child’s rights under this section, but no IEP team, school or school district shall advocate that parents exercise those rights. Only a student’s parents may initiate a portfolio assessment request under this section, and when such a request is made, the student’s IEP team and school district superintendent or charter school leader shall make their determinations regarding the portfolio assessment within 60 days of said request. The Department Page 21 Title 14 - Education of Education shall promulgate regulations establishing a procedure for the design and evaluation of portfolio assessments requested under this subsection and for further reviews of individual schools and/or school districts that request an unusual number of portfolio assessments. The Department of Education shall also promulgate regulations providing for a method of measuring academic progress by students receiving a portfolio assessment under this section, which: (i) shall provide objective criteria by which student progress can be planned and measured; (ii) shall be developed in consultation with the Governor’s Advisory Council on Exceptional Citizens; and (iii) shall satisfy the requirements of 20 U.S.C. §§ 1412, 6311, and any other applicable federal laws or regulations. Students who are granted a portfolio assessment under this subsection shall be included in the participation rate calculation for schools and school districts. Nothing in this subsection shall be construed to limit the authority of the Department to approve exemptions from assessments for students not covered by this subsection. (k) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State Board of Education. (71 Del. Laws, c. 181, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 294, § 55; 73 Del. Laws, c. 44, § 1; 74 Del. Laws, c. 220, §§ 1, 2; 75 Del. Laws, c. 25, § 2; 75 Del. Laws, c. 305, § 1; 76 Del. Laws, c. 9, § 2; 77 Del. Laws, c. 194, §§ 1-3; 78 Del. Laws, c. 53, §§ 1-4; 78 Del. Laws, c. 264, § 1; 79 Del. Laws, c. 280, § 1; 79 Del. Laws, c. 300, § 1.) § 152. State high school diploma requirements [For application of this section, see 81 Del. Laws, c. 229, § 2]. (a) The Department of Education shall award a regular “State of Delaware High School Diploma” to a student graduating from a Delaware public high school. (b) The Department shall award diplomas under subsection (a) of this section to students who: (1) Successfully complete the prescribed course requirements established by the State, or the district or charter school, if district or charter school credit requirements are higher than those of the State; and (2) Achieve proficient levels of performance, relative to the State high school content standards, on the assessments administered pursuant to § 151(b) and (c) of this title in conjunction with other academic indicators as defined by Department regulations. (c) A high school student who fails to achieve a proficient level of performance on the assessments pursuant to this section may retake the assessments each succeeding year they continue in high school. This subsection shall not apply to students taking the alternative assessment pursuant to § 151(f) of this title. (d) The Department shall award a State of Delaware — Diploma of Alternate Achievement Standards to a student who has met the requirements of the student’s Individualized Education Program but will not complete the high school graduation course credit requirements established by the State, district, or charter school for a regular “State of Delaware High School Diploma” under subsection (a) of this section. (e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section. (71 Del. Laws, c. 181, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 399, §§ 5, 6; 72 Del. Laws, c. 294, § 56; 73 Del. Laws, c. 44, §§ 2-4; 74 Del. Laws, c. 247, § 1; 75 Del. Laws, c. 24, § 1; 75 Del. Laws, c. 25, § 1; 76 Del. Laws, c. 9, §§ 1, 2; 78 Del. Laws, c. 53, § 5; 81 Del. Laws, c. 229, § 1.) § 153. Matriculation and academic promotion requirements. (a) The Department shall identify 4 levels of individual student performance relative to the state content standards on the assessments administered pursuant to § 151(b) and (c) of this title to fulfill the following 3 important functions: (1) Determine the level or levels of individual performance sufficient to demonstrate a proficient level of performance relative to the state content standards; (2) Determine the level or levels of individual performance sufficient to demonstrate superior and proficient performance meriting recognition for outstanding and standards-level achievement pursuant to subsection (c) of this section; and (3) Determine the level or levels of individual performance inadequate to demonstrate a proficient level of performance relative to the state content standards and which warrant requiring students performing at such levels to participate in academic improvement activities as specified in subsection (d) of this section. (b) The Department may approve other individual student indicators that may be used to determine a student’s performance relative to the state content standards. Such indicators shall: (1) Provide a measure of individual student performance relative to the state content standards; and (2) Include performance on district-administered assessments pursuant to subsection (e) of this section, performance on end-ofcourse assessments, student classroom work products, or classroom grades supported by evidence of student work that demonstrates a student’s performance level pursuant to subsection (a) of this section. (c) The Department will promulgate rules and regulations for scholarships awarded through the Michael C. Ferguson Achievement Awards program prior to 2016. Unused funds will revert to the Scholarships Fund for the Delaware Higher Education Office to allocate among the various programs under Chapter 34 of this title, with prior approval of the Secretary of Education, the Director of the Office of Management and Budget, and the Controller General, to meet state priorities, achieve program objectives, and respond to student demand. Page 22 Title 14 - Education (d) The Department shall require that students whose performance on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title is inadequate to demonstrate a proficient level of performance relative to the state content standards, benchmarked to the extent practicable to accurately reflect the point in the school year that students actually are administered the statewide assessment, participate in academic improvement activities as follows: (1) A third, fifth or eighth grade student whose performance on the reading portion of the assessments administered pursuant to § 151(b) and (c) of this title is Below the Standard, Level II on the statewide assessment, shall not advance to the next grade unless: a. The student’s parent or parents or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated by the state assessment. A student’s parent or parents or guardian shall have the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to this section; b. If no agreement pursuant to paragraph (d)(1)a. of this section can be reached, the student shall attend a summer school program and demonstrate a proficient level of performance on the state reading assessment prior to the commencement of the next school year. If at the end of summer school the student still does not demonstrate proficiency on the state reading assessment the student shall be retained unless an academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section; or c. The student has previously been retained for 2 years because of academic performance. (2) A third, fifth or eighth grade student whose performance on the reading portion of the assessments administered pursuant to § 151(b) and (c) of this title is Well Below the Standard, Level I on the statewide assessment, shall not advance to the next grade unless: a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on the state reading assessment prior to the commencement of the next school year; and if the student’s performance is at Below the Standard, Level II, the student’s parent or parents or guardian and the school district agree on an individual improvement plan in accordance with paragraph (d)(1)a. of this section. b. An academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance on the reading assessment after at least 1 retake of the state assessment at a grade level; or c. The student has previously been retained for 2 years because of academic performance. d. Notwithstanding the requirements of paragraphs (d)(2)a. and (d)(2)b. of this section, a student may advance to the next grade level without attending summer school if an academic review committee composed of educators from the student’s district or charter school determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. (3) An eighth grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) and (c) of this title is Below the Standard, Level II on the statewide assessment, shall not advance to the next grade unless: a. The student’s parent or parents or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated on the state assessment. A student’s parent or parents or guardian shall have the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to this section; b. If no agreement pursuant to paragraph (d)(3)a. of this section can be reached, the student shall attend a summer school program and demonstrate a proficient level of performance on the state mathematics assessment prior to the commencement of the next school year. If at the end of summer school, the student still does not demonstrate proficiency on the state assessment, the student shall be retained unless an academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section; or c. The student has previously been retained for 2 years because of academic performance. (4) An eighth grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) and (c) of this title is Well Below the Standard, Level I on the statewide assessment, shall not advance to the next grade unless: a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on the state mathematics assessment prior to the commencement of the next school year; and if the student’s performance is at Below the Standard, Level II, the student’s parent(s) or guardian and the school district agree on an individual improvement plan in accordance with paragraph (d)(3)a. of this section. b. An academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance on the state mathematics assessment after at least 1 retake of the state assessment at a grade level; or Page 23 Title 14 - Education c. The student has previously been retained for 2 years because of academic performance. d. Notwithstanding the requirements of paragraphs (d)(4)a. and (d)(4)b. of this section, a student may advance to the next grade level without attending summer school if an academic review committee composed of educators from the student’s district or charter school determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. (5) With respect to a student whose performance continues to be deficient after completion of the retention year, the Department may not require that the student’s district retain the student at grade level for another year, but shall require that the district develop an individual improvement plan pursuant to Department regulations. The Department regulations must require that each individual improvement plan identify a specific course of study for the student and the academic improvement activities the student must undertake in order to improve the student’s ability to a proficient level. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs. (6) For a student whose performance on the statewide assessment pursuant to § 151(b) and (c) of this title at grade 6 or 7 in mathematics or grade 4, 6 or 7 in reading whose score assessment does not meet a proficient level of performance relative to the state content standards, the local school district shall, in consultation with the student’s parent or parents or guardian, develop an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school and/or tutoring) to remediate those areas of weakness demonstrated by the assessment. To the extent the statewide assessment is not available, local school districts shall strive to use other means to identify students deemed in danger of failing to reach a proficient level of performance relative to the state content standards on assessments administered pursuant to § 151(b) and (c) of this title and shall develop individual improvement plans for those students to remediate identified areas of weakness. (7) The Department may require school districts to undertake academic improvement activities with respect to students whose performance is inadequate to demonstrate a proficient level of performance relative to the state content standards on an assessment pursuant to § 151(b) and (c) of this title. Such activities may include extra instruction or mentoring programs. (8) Any academic review committee established pursuant to this subsection shall include at least 1 teacher from the grade level to which the student may be promoted. (9) An individual student’s mandatory participation in summer school pursuant to paragraph (d)(2) or (4) of this section may not be excused on more than 2 occasions by the use of other indicators. (e) The Department shall identify and certify alternative assessments to determine whether students have reached the same proficient level of performance as is required on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title. Any alternative assessment shall be equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) and (c) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the Secretary and the State Board of Education who shall issue written findings supporting the Department’s decision to approve an alternative assessment. Nothing contained in this subsection shall prevent an individual school district, with approval of the Department, from establishing alternative assessments to determine whether students have reached the same proficient level of performance required on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title. Any alternative assessments proposed by an individual district shall, prior to approval, be found by the Department to be equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) and (c) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the Secretary and the State Board of Education, who shall issue written findings supporting the Department’s decision to approve an alternative assessment. Any district that receives such approval shall provide such continuing evidence of the alternative assessment’s reliability and validity as the Secretary and State Board of Education shall require to ensure compliance with this subchapter. (f) School districts may require any student to participate in academic improvement activities specified for the student by the district in accordance with the Department rules and regulations promulgated pursuant to this section or in accordance with the district’s own policies. A student who refuses to comply with a district requirement for participation in academic improvement activities shall be subject to the same disciplinary actions as for other acts of absenteeism or truancy. (g) Those students administered alternate assessments pursuant to § 151(f) of this title shall not be subject to the provisions of subsection (d) of this section. (h) The Department shall promulgate rules and regulations to ensure the proper administration of the assessment pursuant to § 151 of this title. Such rules and regulations shall ensure that assessments are administered in accordance with security procedures which guarantee the validity of the results of such assessments. (i) The Department shall promulgate rules and regulations to implement this section. (71 Del. Laws, c. 399, § 1; 72 Del. Laws, c. 294, §§ 57-59; 72 Del. Laws, c. 309, § 1; 73 Del. Laws, c. 44, §§ 5-8; 73 Del. Laws, c. 257, §§ 1, 2, 3; 73 Del. Laws, c. 321, § 14; 74 Del. Laws, c. 167, §§ 1-5; 75 Del. Laws, c. 305, §§ 2-8; 77 Del. Laws, c. 431, § 16; 78 Del. Laws, c. 53, §§ 6-15; 83 Del. Laws, c. 413, § 4.) § 154. School accountability for academic performance. (a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public schools, including charter schools, through the Education Profiles required pursuant to § 124A of this title. The program Page 24 Title 14 - Education shall classify schools based on the performance of their student bodies on the assessments administered pursuant to § 151(b) and (c) of this title, as well as other criteria as established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify schools by utilizing 3 ratings of school performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A public school may additionally be identified as “Under Improvement” pursuant to criteria of the Federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. (b) The Department shall establish criteria for the determination of whether a school is eligible for recognition, or subject to improvement and accountability activities. For the purposes of this section, a school may be defined as an aggregate of grade levels or, an actual facility. The Department regulations setting forth such criteria shall be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. (c) The Department shall develop a program to commence during fiscal year 2004 to recognize the performance of schools designated as “Superior Performance” and “Commendable Performance.” Such program shall, subject to the extent of available appropriations, include recognition of schools through the Education Profiles pursuant to § 124A of this title; special ceremonies, the award of plaques or flags. (d) The Department shall develop a program to improve and hold accountable those schools identified as “Academic Watch.” Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. and “Under Improvement”. (e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title. (71 Del. Laws, c. 399, § 1; 72 Del. Laws, c. 294, §§ 51, 52; 73 Del. Laws, c. 54, §§ 1-15; 74 Del. Laws, c. 28, §§ 2-11; 74 Del. Laws, c. 68, § 291(b); 78 Del. Laws, c. 53, §§ 16, 17; 80 Del. Laws, c. 163, § 1.) § 155. School district and school board accountability for academic performance. (a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public reorganized and vocational-technical school districts, through the Education Profiles specific to each school district required pursuant to § 124A of this title. The program shall classify districts based on the assessments administered pursuant to § 151 (b) and (c) of this title, as well as other criteria established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify school districts by utilizing 3 ratings of district performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A school district may additionally be identified as “Under Improvement” pursuant to criteria of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. (b) The Department shall establish the criteria for the determination of whether a school district is subject to recognition, or subject to improvement and accountability activities. The Department regulations setting forth such criteria shall be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. (c) The Department shall develop a program to commence during Fiscal Year 2004 to recognize the performance of school districts designated as “Superior Performance” and “Commendable Performance.” Such program shall, subject to the extent of available appropriations, include recognition of districts and their boards of education through the Education Profiles pursuant to § 124A of this title; special ceremonies, the award of plaques or flags. (d) The Department shall develop a program to improve and hold accountable those school districts identified as “Academic Watch” and “Under Improvement.” Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq. (e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title. (71 Del. Laws, c. 399, § 1; 73 Del. Laws, c. 54, §§ 16-22; 74 Del. Laws, c. 28, §§ 12-17; 74 Del. Laws, c. 307, § 327(b); 78 Del. Laws, c. 53, §§ 18, 19, 21; 80 Del. Laws, c. 163, § 2.) § 156. Department of Education accountability for academic performance. (a) An effectively functioning Department of Education should serve as a critical support structure for the entire Public Education system. In order to meet this challenge, the Department shall fully implement its leadership and service missions by committing itself to high standards of quality assurance and quality management practices. In order to ensure that the Department will remain focused on the principles of continuous quality improvement and client service and that it will do so in accordance with recognized national and/ or international standards, the Secretary shall commission an independent entity to conduct and publish an annual customer satisfaction report to determine the level of satisfaction among education constituencies dependent on Department of Education services and policies. Such survey shall seek the views of local school boards, school administrators, teachers, parent organizations, the business community and other relevant constituencies. To further improve the performance of the Department of Education, the Secretary shall pursue the active involvement of the business community in reviewing management practices in the Department, such as the Department’s success in deregulation, the quality of Department’s strategic plan and the Department’s success in meeting its strategic objectives, and the quality Page 25 Title 14 - Education and cost-effectiveness of the technical assistance provided by the Department to local school districts. The report shall be submitted to the Governor 45 days before public distribution so that the Governor may take appropriate action based on its recommendations. (b) The Department shall provide each school and school district high-quality diagnostic data analyzing the specific strengths and weaknesses of student performance within the school district, which is both user-friendly and timely in accordance with the timelines specific in this subchapter for the commencement of school and district improvement activities. (c) Beginning in the year 2001, the Secretary of Education shall submit to the Governor and the General Assembly each year an annual education outcome report. The report must be based on the unit count taken in September of the school year immediately preceding the annual reporting date and must contain the following information: (1) The number of students enrolled in twelfth grade, based on the September unit count; (2) The number of those students still enrolled at the close of the school year who receive a high school diploma and the type of diploma received; (3) The number of those students still enrolled at the close of the school year who complete twelfth grade, but do not receive a high school diploma; (4) The number of those students who, by the close of the school year, have dropped out of school; and (5) The number of those students who, by the close of the school year, transferred to other schools. (d) Each year the Secretary shall conduct a graduate follow-up study of students who completed the twelfth grade during the preceding school year to determine the educational and employment status of each student. The survey shall request information regarding the postsecondary education enrollment status and the employment status of students and shall, at a minimum, include the following questions: (1) a. Is the student presently enrolled in a postsecondary educational institution of any type? b. Is the student enrolled full-time or part-time? c. What is the student’s major area of study? d. What is the name of the institution in which the student is enrolled? (2) a. Is the student presently employed? b. Is the student employed full-time or part-time? c. The name and address of the student’s employer? d. In what industry is the student employed? e. What position does the student hold? f. What is the student’s hourly/weekly/annual salary? (3) What is the student’s perception of the value of that student’s own secondary education in terms of preparation for postsecondary education or employment? (e) For the purpose of performing a comparative longitudinal analysis of the information collected for an annual educational outcome report, the Secretary shall compile similar information about students who graduated in 1998 and 1999, and shall use the 1998 information as the basis for all comparisons. The goal of educational outcome accountability is to decrease the 2.9% 1998 Delaware public school dropout rate for grade 12, as published in the Department of Education report entitled Delaware Dropouts, 1997-1998 Summary Statistics, December 1998. (f) Nothing in this section prohibits the Department of Education from conducting a more comprehensive survey and/or evaluation for the annual educational outcome report. (71 Del. Laws, c. 399, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 430, § 1; 74 Del. Laws, c. 28, §§ 18-21.) § 157. Parental involvement in education, expectations of parents, expectations of schools and school personnel. (a) There is no adequate substitute for the involvement of a concerned and committed family in the education of a child. The State therefore endeavors to encourage parents and families to become involved in the education of their children and to operate a system of public schools which welcomes and fosters such positive involvement by parents and families. (b) Among the most important elements of effective parental and family involvement in education are: communication—regular, 2way, meaningful communications between parents and schools; effective parenting skills—the exercise by parents of good parenting skills for the benefit of their children and the fostering of such skills by public schools; parental involvement in student learning—parents play an integral role in student learning and emphasize the importance of education, and schools assist parents in these endeavors; volunteerism —parents are welcomed by schools, and commit themselves to providing support to their children’s schools as volunteers; school based decisionmaking—parents involve themselves in the educational decisionmaking process at the school and district level and are welcomed in that role by schools; collaboration with the community—parents and schools work together to strengthen the connection between families, schools and community resources such as nonprofit organizations, business and religious institutions. (c) The Department of Education shall work with the Delaware State Congress of Parents and Teachers to promulgate and maintain in current form a Parents’ Declaration of Responsibilities reflecting the elements set forth in subsection (b) of this section and such other Page 26 Title 14 - Education elements of effective parental and family involvement as the Department identifies. Such Declaration shall identify responsibilities for parents and families, as well as the responsibilities the public schools have to help parents meet such responsibilities. (d) The Department of Education shall encourage local school districts and schools to adopt the Parents’ Declaration of Responsibilities as local policy and to encourage parents at the beginning of each school year to execute an agreement to commit themselves to carry out, to the best of their abilities, the responsibilities outlined in the Declaration. (71 Del. Laws, c. 399, § 1.) § 158. Reading screening. (a) As used in this section: (1) “Literacy intervention approaches” means evidence-based, specialized reading, writing, and spelling instruction that is systematic and explicit and intensified based on the needs of the student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller groups, increased frequency of instruction, and individualized progression through steps, than typical evidence-based reading instruction. (2) “Universal reading screener” means a tool used as part of a multi-tiered system of support to determine if a student is at risk for developing reading difficulties and the need for intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A universal reading screener must do all of the following: a. Measure, at a minimum, phonemic awareness, phonological awareness, symbol recognition, alphabet knowledge, decoding and encoding skills, fluency, and comprehension. b. Identify students who have a potential reading deficiency, including identifying students with characteristics of dyslexia. (b) (1) Beginning July 1, 2023, a district or charter school shall screen each student enrolled in kindergarten through third grade 3 times a year for reading competency using a universal reading screener chosen from the list of aligned universal reading screeners maintained by the Department of Education (Department). The results of the screening and any intervention approaches being implemented shall be communicated in writing to each student’s parent or guardian, either through inclusion in existing periodic progress reports or report cards, or otherwise. A district or charter school shall provide educators time during the contractual day to complete data entry and compilation associated with the screener, to communicate with families, and any other responsibility as outlined in this section. A district or charter school shall provide coverage for instruction or student support when the educator is meeting the responsibilities outlined in this section. (2) Beginning July 1, 2024, districts and charter schools shall provide 1 or more literacy interventions from the list of aligned literacy intervention approaches maintained by the Department for each student or group of students identified with a potential reading deficiency. (c) The Department, in consultation with curriculum and special education supervisors from local education agencies, elementary school teachers, and elementary special education teachers, shall develop, maintain, and publish a list of universal reading screeners and a list of literacy intervention approaches that are aligned with the essential components of evidence-based reading instruction listed under § 1280(c)(3) of this title. Initial publication of the lists must occur by December 1, 2022. (1) In determining which universal reading screeners to include on the list, the Department shall also consider the following factors: a. The time required to conduct the screening, with the intention of minimizing impact on instructional time. b. The timeliness in reporting screening results to teachers, administrators, and parents. c. The integration of assessment and instruction the screener provides, including the ability to provide progress-monitoring capabilities and a diagnostic tool to support teachers or a progress-monitoring team with targeted instruction based on student needs. d. Screening, diagnostic assessment, and progress-monitoring processes shall be aligned with multi-tiered system of support procedures and tools should be norm-referenced, criterion-referenced, or curriculum-based as appropriate. (2) The Department shall include with its list of aligned universal reading screeners and literacy intervention approaches, an explanation of how these screeners and interventions were selected, including consultation with national expert organizations and the evidence base as demonstrated by the National Center on Intensive Intervention or similar validated research. (3) The Department shall provide professional learning on reading screening and literacy intervention approaches at no cost which shall be provided during the contractual day. (d) Beginning in 2023, each school district and charter school shall report annually to the Department, on or before October 31, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention approaches being provided. (e) Beginning in 2023, on or before December 31, the Department shall annually compile the information received from districts and charters under subsection (d) of this section and deliver a comprehensive report to the State Board of Education, the Governor, the Chairs of the Education Committees of the Senate and House of Representatives, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives. The report must also be available to the public on the Department’s website. (83 Del. Laws, c. 416, § 1.) Page 27 Title 14 - Education § 159. State high school diploma for veterans serving during times of war or conflict. (a) Notwithstanding any statute, rule or regulation to the contrary, the Department shall provide for the awarding of a state high school diploma to any veteran who: (1) Left a Delaware school prior to graduation in order to serve in the armed forces of the United States; (2) Did not receive a Delaware high school diploma, or received a G.E.D., as a consequence of such service; and (3) Was discharged from the armed services under honorable conditions. (b) The Department and the Delaware Commission of Veterans Affairs shall jointly promulgate rules, regulations and guidelines for the identification of eligible veterans and for the awarding of diplomas pursuant to this subsection, which shall include posthumous awards. (c) For purposes of this section, “veteran” means any veteran who performed service during any of the following periods: World War II: December 7, 1941 through December 11, 1946, and also during occupation of defeated territories up to September 8, 1951; Korean War: June 27, 1950 through January 31, 1955; and Vietnam: May 1, 1961 through April 30, 1975. (73 Del. Laws, c. 23, § 1; 81 Del. Laws, c. 90, § 1.) Subchapter III-A Interstate Compact on Education for Children of Military Families § 160A. Purpose. It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or districts or variations in entrance/age requirements. B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. D. Facilitating the on-time graduation of children of military families. E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact. F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact. G. Promoting coordination between this compact and other compacts affecting military children. H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student. (76 Del. Laws, c. 327, § 1.) § 161A. Definitions. As used in this compact, unless the context clearly requires a different construction: A. “Active duty” means: Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211. B. “Children of military families” means: a school-aged child(ren), enrolled in kindergarten through twelfth grade, in the household of an active duty member. C. “Compact commissioner” means: the voting representative of each compacting state appointed pursuant to § 167A of this title. D. “Deployment” means: The period 1 month prior to the service members’ departure from their home station on military orders though 6 months after return to their home station. E. “Education(al) records” means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. F. “Extracurricular activities” means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. G. “Interstate Commission on Educational Opportunity for Military Children” means: the commission that is created under § 168A of this title, which is generally referred to as Interstate Commission. H. “Local education agency” means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions. I. “Member state” means: a state that has enacted this compact. Page 28 Title 14 - Education J. “Military installation” means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. K. “Non-member state” means: a state that has not enacted this compact. L. “Receiving state” means: the state to which a child of a military family is sent, brought, or caused to be sent or brought. M. “Rule” means: a written statement by the Interstate Commission promulgated pursuant to § 171A of this title that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule. N. “Sending state” means: the state from which a child of a military family is sent, brought, or caused to be sent or brought. O. “State” means: A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. territory. P. “Student” means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade. Q. “Transition” means: (1) The formal and physical process of transferring from school to school; or (2) The period of time in which a student moves from 1 school in the sending state to another school in the receiving state. R. “Uniformed service(s)” means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services. S. “Veteran” means: a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable. (76 Del. Laws, c. 327, § 1; 84 Del. Laws, c. 233, § 20.) § 162A. Applicability. A. Except as otherwise provided in subsection B. of this section, this compact shall apply to the children of: (1) Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211; (2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of 1 year after medical discharge or retirement; and (3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of 1 year after death. B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. C. The provisions of this compact shall not apply to the children of: (1) Inactive members of the national guard and military reserves; (2) Members of the uniformed services now retired, except as provided in subsection A. of this section; (3) Veterans of the uniformed services, except as provided in subsection A. of this section; and (4) Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services. (76 Del. Laws, c. 327, § 1.) § 163A. Educational records and enrollment. A. Unofficial or “hand-carried” education records. — In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. B. Official education records/transcripts. — Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. C. Immunizations. — Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. Page 29 Title 14 - Education D. Kindergarten and first grade entrance age. — Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state. (76 Del. Laws, c. 327, § 1.) § 164A. Placement and attendance. A. Course placement. — When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career-challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s). B. Educational program placement. — The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to: (1) Gifted and talented programs; and (2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. C. Special education services. — (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP); and (2) In compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing § 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility. — Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency. E. Absence as related to deployment activities. — A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian. (76 Del. Laws, c. 327, § 1; 70 Del. Laws, c. 186, § 1.) § 165A. Eligibility. A. Eligibility for enrollment. — (1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. (2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. (3) A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent. B. Eligibility for extracurricular participation. — State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified. (76 Del. Laws, c. 327, § 1; 70 Del. Laws, c. 186, § 1.) § 166A. Graduation. In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures: A. Waiver requirements. — Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for Page 30 Title 14 - Education denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. B. Exit exams. — States shall accept: (1) Exit or end-of-course exams required for graduation from the sending state; or (2) National norm-referenced achievement tests; or (3) Alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of subsection C. of this section shall apply. C. Transfers during senior year. — Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that 1 of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subsections A. and B. of this section. (76 Del. Laws, c. 327, § 1; 70 Del. Laws, c. 186, § 1.) § 167A. State coordination. A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, 1 representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council. B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. C. The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state. D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council. (76 Del. Laws, c. 327, § 1.) § 168A. Interstate Commission on educational opportunity for military children. The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: (A) Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. (B) Consist of 1 Interstate Commission voting representative from each member state who shall be that state’s compact commissioner. (1) Each member state represented at a meeting of the Interstate Commission is entitled to 1 vote. (2) A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. (3) A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting. (4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. (C) Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members. (D) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. Page 31 Title 14 - Education (E) Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a 1-year term. Members of the executive committee shall be entitled to 1 vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex officio, nonvoting member of the executive committee. (F) Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (G) Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to: (1) Relate solely to the Interstate Commission’s internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by federal and state statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing a person of a crime, or formally censuring a person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigative records compiled for law enforcement purposes; or (7) Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding. (H) Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. (I) Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as it reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules. (J) Create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state. (76 Del. Laws, c. 327, § 1.) § 169A. Powers and duties of the Interstate Commission. The Interstate Commission shall have the following powers: (A) To provide for dispute resolution among member states. (B) To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact. (C) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions. (D) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process. (E) To establish and maintain offices which shall be located within 1 or more of the member states. (F) To purchase and maintain insurance and bonds. (G) To borrow, accept, hire or contract for services of personnel. (H) To establish and appoint committees including, but not limited to, an executive committee as required by § 168A, subsection (E), of this title which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. (I) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel. Page 32 Title 14 - Education (J) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it. (K) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. (L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. (M) To establish a budget and make expenditures. (N) To adopt a seal and bylaws governing the management and operation of the Interstate Commission. (O) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. (P) To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity. (Q) To establish uniform standards for the reporting, collecting and exchanging of data. (R) To maintain corporate books and records in accordance with the bylaws. (S) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. (T) To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact. (76 Del. Laws, c. 327, § 1.) § 170A. Organization and operation of the Interstate Commission. (A) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (1) Establishing the fiscal year of the Interstate Commission; (2) Establishing an executive committee, and such other committees as may be necessary; (3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; (4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (5) Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; (6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. (7) Providing “start-up” rules for initial administration of the compact. (B) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vicechairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. (C) Executive committee, officers and personnel. — (1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; b. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission. (2) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. (D) The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or Page 33 Title 14 - Education relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of such person. (1) The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of such person. (2) The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such person. (3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys’ fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such persons. (76 Del. Laws, c. 327, § 1.) § 171A. Rulemaking functions of the Interstate Commission. (A) Rulemaking authority. — The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. (B) Rulemaking procedure. — Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act”, of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. (C) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority. (D) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. (76 Del. Laws, c. 327, § 1.) § 172A. Oversight, enforcement, and dispute resolution. (A) Oversight. — (1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission. (3) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules. (B) Default, technical assistance, suspension and termination. — If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall: (1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default. (2) Provide remedial training and specific technical assistance regarding the default. Page 34 Title 14 - Education (3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. (4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states. (5) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination. (6) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. (7) The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (C) Dispute resolution. — (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states. (2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (D) Enforcement. — (1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) The Interstate Commission, may by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. (76 Del. Laws, c. 327, § 1.) § 173A. Financing of the Interstate Commission. (A) The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (B) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. (C) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. (D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. (76 Del. Laws, c. 327, § 1.) § 174A. Member states, effective date and amendment. (A) Any state is eligible to become a member state. (B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. (C) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. (76 Del. Laws, c. 327, § 1.) Page 35 Title 14 - Education § 175A. Withdrawal and dissolution. (A) Withdrawal. — (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law. (2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until 1 year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission. (B) Dissolution of compact. — (1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to 1 member state. (2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (76 Del. Laws, c. 327, § 1.) § 176A. Severability and construction. (A) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (B) The provisions of this compact shall be liberally construed to effectuate its purposes. (C) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. (76 Del. Laws, c. 327, § 1.) § 177A. Binding effect of Compact and other laws. (A) Other laws. — (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. (2) All member states’ laws conflicting with this compact are superseded to the extent of the conflict. (B) Binding effect of the compact. — (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. (2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms. (3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (76 Del. Laws, c. 327, § 1.) Subchapter IV State Assessment System Security and Violations § 170. Definitions. For purposes of this subchapter only, the following terms shall have the meanings indicated: (1) “Assessment administration” means the range of activities from the initial procurement of secure assessment materials including those delivered via the computer through testing and the return of secure assessment materials to the Department or its agents; (2) “Assessment site” means the physical location of the assessment administration, including a computer lab, classroom, or other room; (3) “Department” means the Delaware Department of Education; (4) “Individual” means a student, teacher, administrator, local or state school board member, or other employee, agent or contractor employed by the Delaware public school system whether local or at the state level, and including an employee, agent or contractor of a charter school; (5) “Log-in” means the process of accessing the assessment website; (6) “School district” means any school district, special school or charter school created pursuant to the provisions of this title; (7) “Secure browser” means the computer browser that prevents the student from accessing functions of the computer that are not allowed during assessment; Page 36 Title 14 - Education (8) “State Assessment System” means the assessment program established pursuant to subchapter III of this chapter, including the assessments administered pursuant thereto; and (9) “Student identification number” means the unique identification number assigned to each student in the State under which his or her student records are maintained. (73 Del. Laws, c. 81, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 53, §§ 23-25.) § 171. Security and data procedures. (a) The Department shall promulgate rules and regulations to ensure the security of the assessment administration, training of personnel and collection and reporting of assessment data. (b) The Department’s rules and regulations shall provide for: (1) The security of the printed materials during assessment administration and the storage under lock and key of all secure assessment materials, including answer documents, before and after assessment administration; (2) Procedures to safeguard computer access information and use of the secure browser, including the printing of assessment content; (3) The proper administration of assessments and the monitoring of assessment administrations by school district personnel; and (4) Procedures for the accurate and timely collection, storage and retrieval of state assessment system materials and data. (73 Del. Laws, c. 81, § 1; 78 Del. Laws, c. 53, §§ 26-30.) § 172. Assessment behavior violations. It is an assessment security violation for an individual to fail to follow state assessment system administration procedures promulgated by the Department, and no individual shall: (1) Give any examinee access to secure assessment items or materials except in the regular course of an authorized administration of the state assessment; (2) Give unauthorized individuals or other persons access to secure assessment items or materials; (3) Copy, reproduce, use, or otherwise disclose in any manner inconsistent with assessment security regulations and procedures any portion of the secure assessment materials; (4) Provide answers during the assessment administration either orally, in writing, or by any other means to an examinee; (5) Coach any examinee during assessment administration by giving the examinee answers to secure assessment questions or otherwise directing or guiding a response or by altering or interfering with the examinee’s response in any way; (6) Fail to follow security regulations and procedures for the storage, distribution, collection and return of secure assessment materials or fail to account for all secure assessment materials before, during and after assessment administration; (7) Fail to properly monitor assessment administration, including permitting inappropriate collaboration between or among individuals; fail to remove or cover nonallowable resources from the assessment site during the assessment administration; or fail to destroy scratch paper used by students during the assessment administration; (8) Fail to prohibit students from accessing or using electronic equipment (e.g., cellular phones, personal digital assistant devices, iPods, electronic translators), other than those authorized for use by the Department for the assessment administration; (9) Fail to confirm proper identification of students being administered the assessment or intentionally give a student the wrong student identification number during the log-in, causing any student to log in and take the assessment under another student’s records; (10) Fail to collect and destroy any materials bearing student identification number(s) and student name(s) used to provide student(s) with this information during the assessment administration; (11) Produce unauthorized copies of assessment content from the computer website; fail to properly destroy authorized copies; or allow copies to be taken outside the assessment site; (12) Allow assessment administration by unauthorized personnel or personnel who have not received assessment administration certification; (13) Administer secure assessments on dates other than those authorized by the Department; (14) Participate in, direct, aid, counsel, assist, encourage or fail to report any of the acts prohibited in this subchapter; or (15) Refuse to disclose to the Department information regarding assessment security violations; or (16) Refuse to cooperate in the investigation of a suspected breach of assessment security, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable. (73 Del. Laws, c. 81, § 1; 78 Del. Laws, c. 53, §§ 31-41.) § 173. Data reporting violations. School districts and individuals shall not: (1) Fail to report assessment scores, numbers of students administered the assessments any other data element required to be reported to the Department; Page 37 Title 14 - Education (2) Report incorrect or otherwise inaccurate assessment scores, numbers of students administered the assessments or any other data element required to be reported to the Department; (3) Exclude a student from participation in the state assessment except in accordance with the regulations of the Department; (4) Refuse to disclose to the Department information concerning a violation of the foregoing data reporting requirements; or (5) Refuse to cooperate in the investigation of a suspected data reporting violation, whether such investigation is conducted by a school district or the Department. The investigation shall include a review of mitigating circumstances, if applicable. (73 Del. Laws, c. 81, § 1; 78 Del. Laws, c. 53, §§ 42, 43.) § 174. Civil sanctions for violations. (a) A student who violates any of the provisions of § 172 of this title shall be subject to the following: (1) At the discretion of the Department, the assessment score of such student may be invalidated and the student may be declared ineligible to retake the assessment until the next official testing opportunity; and (2) Such disciplinary action as deemed appropriate by the student’s school district. (b) An individual other than a student who knowingly violates any of the provisions of this subchapter shall be subject to the following: (1) Such personnel sanctions as might otherwise be imposed by the individual’s employer for an act of misconduct; (2) A hearing conducted by the Professional Standards Board to determine revocation of any license issued to such individual pursuant to the provisions of Chapter 12 of this title; and (3) Payment of any costs incurred by the State or Department as a result of the violation. (73 Del. Laws, c. 81, § 1; 78 Del. Laws, c. 53, § 44.) Subchapter V Delaware Higher Education Office § 180. Purpose. The Delaware Higher Education Office serves as a source of higher education information and expertise for the executive and legislative departments of the State and for Delaware citizens who can benefit from higher education. It serves as a mechanism for members of the public and professional groups to address higher education issues and ensure that resources are continuously focused to meet state priorities. The Higher Education Office, with the Department of Education, will support student transition between K-12 education and postsecondary education environments, and support increased student achievement. (73 Del. Laws, c. 188, § 6; 77 Del. Laws, c. 431, § 2.) § 181. Responsibilities. The Office shall do all of the following: (1) Ensure that state resources for higher education are targeted to state priorities serving Delawareans. (2) Ensure that higher education is accessible and affordable for all Delaware students who qualify for admission by providing financial assistance and guidance services. (3) Strengthen the role and impact of higher education in elementary and secondary education reform, achievement of student performance expectations, and teacher professional development. (4), (5) [Repealed.] (6) Enhance the capacity for quality data collection and reporting to meet federal mandates, regional and interstate contractual agreements, and national data sharing requirements. (7) In cooperation with the Department of Education, identify and implement methods to ensure a seamless transition for Delaware residents from elementary and secondary education to postsecondary education. (8) Ensure that higher education services reflect changing needs and capabilities by exploring regional and national trends, and recommending implementation as appropriate. (9) Promote student academic preparation for higher education and help educate Delawareans on saving for college. (10) Expand education opportunities available through interstate agreements, such as the Southern Regional Education Board (SREB) and the State Higher Education Executive Officers Association (SHEEO), and publicize and promote their use. (11) [Repealed.] (12) Monitor and assist in resolution of consumer complaints related to student financial assistance, academic credit, and credit transfer; coordinate efforts as appropriate with the Department of Justice and private consumer protection agencies. (13), (14) [Repealed.] (15) Administer specific programs relating to higher education and others as may be established or assigned by the General Assembly and the Department of Education. Page 38 Title 14 - Education (16) [Repealed.] (73 Del. Laws, c. 188, § 6; 77 Del. Laws, c. 431, §§ 2-4; 83 Del. Laws, c. 401, § 1; 83 Del. Laws, c. 413, § 1.) § 182. Staff. The Department of Education may employ a Director of the Delaware Higher Education Office and other staff as necessary to meet its mandate and provide effective service within the limitations of and the manner prescribed by the annual Appropriations Act. Employees of the Office shall be compensated in accordance with the provisions set forth in Chapter 13 of this title. (73 Del. Laws, c. 188, § 6; 77 Del. Laws, c. 431, § 5.) § 183. Regulations. The Department of Education, through the Delaware Higher Education Office, is authorized to adopt rules and regulations to implement this subchapter, subject to the State Board of Education’s approval. (73 Del. Laws, c. 188, § 6; 77 Del. Laws, c. 431, § 6; 83 Del. Laws, c. 401, § 1.) § 184. Regulations. Transferred by 77 Del. Laws, c. 431, effective July 23, 2010, to § 183 of this title. Subchapter VI Institutions of Higher Education (83 Del. Laws, c. 401, § 2.) § 185. Definitions. For purposes of this subchapter: (1) “Accrediting agency” means an accrediting agency that is recognized by the United States Secretary of Education as a reliable authority concerning the quality of education or training offered by the postsecondary institutions or programs the agency accredits. (2) “Department” means the Department of Education. (3) “Institution” means a postsecondary institution as defined in this section or a private business and trade school as defined in Chapter 85 of this title. (4) “Postsecondary institution” means a person, as defined in § 302 of Title 1, that offers postsecondary courses, postsecondary programs of courses, or postsecondary programs that lead to a certificate or degree in the State. The term does not include institutions that are established by Delaware law. or private business and trade schools under Chapter 85 of this title, except as otherwise provided in this subchapter. (5) “Secretary” means the Secretary of Education. (6) “Teach-out plan” means a written plan developed by an institution that provides for the equitable treatment of students if the institution ceases to operate before all students have completed their program of study. Such plan may include, if required by the institution’s accrediting agency, a teach-out agreement between institutions. (83 Del. Laws, c. 401, § 2.) § 186. Certificate of approval to operate a postsecondary institution. (a) No person may operate a postsecondary institution without having obtained a certificate of approval from the Department. In order for the Department to issue a certificate of approval, a person must have the power to confer degrees from another state or territory, meet all of the statutory requirements in this subchapter, meet all of the regulatory requirements set forth in the Department’s regulations adopted pursuant to this subchapter, and pay the application fee. Notwithstanding the foregoing, the Department may issue a certificate of approval to a person who has the power to confer degrees from another state or territory and meets the requirements of a reciprocity agreement to which the Department is a party. A certificate of approval is not transferrable. (1) If a person does not have approval to confer degrees from another state or territory and the person wishes to confer degrees, the person must obtain approval to confer degrees from the Department as provided in § 125 of Title 8. (2) Postsecondary institutions located outside of the United States and its territories may be considered for approval to confer degrees from the Department only upon accreditation from an accrediting agency. (b) The person’s certificate of approval must be displayed on the person’s website and made available to students upon request. (c) A certificate of approval is issued for a 5-year period. A person must submit an application to renew a certificate of approval prior to the certificate of approval expiring. (83 Del. Laws, c. 401, § 2.) § 187. Application requirements and procedures. (a) A person desiring to obtain a certificate of approval must submit a verified application to the Department setting forth all of the following information: Page 39 Title 14 - Education (1) The name of the postsecondary institution and ownership and controlling officers’ information. (2) The specific courses, programs of courses, or certificates or degrees that will be offered. (3) The facility or facilities where instruction will be given, including all websites, applications, or technology through which courses will be offered. (4) The educational and teaching qualifications of instructors and administrators. (5) The defined mission with goals and objectives. (6) The financial resources and records. (7) The need to establish operations in the State. (8) Insurance to maintain the postsecondary institution’s solvency in case of loss by fire, fraud, or other causes to protect the postsecondary institution in liability matters, and to assure the postsecondary institution’s continuity of operation. (9) Funding in the event of closure. (10) Accrediting agency. (11) Organizational pattern and administrative structure. (12) Student services. (13) Admission, retention, and graduation standards. (14) Evaluation of faculty, program, and facilities and resources. (15) Learning resources. (16) Catalog. (17) The address of the person’s registered office and the name and address of the person’s registered agent for service of process in the State. (18) The disclosure of any criminal history and violations of local, state, or federal law. (b) The application must also contain all of the following commitments: (1) The person will conduct the postsecondary institution in accordance with federal, state, and local law, and the rules and regulations established by the Department. (2) The person has appointed and will maintain a registered office and registered agent for service of process in the State. (3) The person has and will maintain sufficient funds or a surety bond issued by a company authorized to do business in the State in the amount required by the Department in its rules and regulations that will protect the contractual rights of students. (4) The person has and will maintain a teach-out plan that includes any information required by the Department and states all of the following: a. The postsecondary institution will make all reasonable efforts to ensure that any closure of the postsecondary institution complies with the requirements of § 192 of this title. b. Any institutional financial aid agreement offered to a student must contain language stating that, in the event of a closure that is not in compliance with § 192 of this title, the institutional debt will be void and will not be recovered, collected, or enforced. (5) The person has and will maintain a cancellation policy which must provide a full refund of moneys paid by a student if the student’s enrollment was procured as a result of any misrepresentation in advertising, promotional materials of the postsecondary institution, or representations by the person or a representative of the postsecondary institution or other violation of § 193 of this title. (6) The person will permit the Department to inspect the postsecondary institution and to make available to the Department information pertaining to the activities required for the administration of this subchapter. (7) All advertising and solicitation, whether direct or indirect, will be free from misrepresentation, deception, or fraud, and no fraudulent or deceptive statements will be made as to possible future employment opportunities or wage expectations. (c) The application must be signed by the person under oath. (d) The application must be submitted to the Department with the applicable fee. (e) The Department’s regulations shall provide the criteria to be met for approval and the procedures to be followed by an applicant for a certificate of approval. (83 Del. Laws, c. 401, § 2.) § 188. Restriction of certificate to fields indicated in application; supplementary applications. A person’s certificate of approval is restricted to the courses, programs of courses, and programs that lead to a certificate or degree that are specified in the person’s application for the certificate of approval. The holder of a certificate of approval must submit a supplemental application to the Department for approval of additional courses, programs of courses, and programs that lead to a certificate or degree it desires to offer during the effective period of the certificate of approval. (83 Del. Laws, c. 401, § 2.) Page 40 Title 14 - Education § 189. Fees. The Department may establish application fees for approval and renewal of a certificate of approval. The Department shall set the fees in an amount that approximately and reasonably reflect the costs of administering this subchapter. An application fee may not be refunded in the event that the certificate of approval is denied or revoked. Fees must be deposited in the General Fund of the State. (83 Del. Laws, c. 401, § 2.) § 190. Denial of certificates of approval. (a) The Department may deny an application for a certificate of approval or an application to renew a certificate of approval for any of the following causes: (1) Violating this subchapter or any rule or regulation made by the Department. (2) Furnishing false, misleading, or incomplete information to the Department or failure to furnish information requested by the Department. (3) Any person, who signed an application, entered a plea of nolo contendere to, or was found guilty of any crime involving moral turpitude. (4) Any person who signed an application, is found by competent medical authority to be addicted to the use of any narcotic drug, other than a drug currently prescribed for treatment, or is found mentally incompetent. (5) Violating any commitment made in the application for a certificate of approval. (6) Presenting or causing to be presented to prospective students information that is false, misleading, or fraudulent. (7) Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by laws, regulations, or ordinances applicable to the location of the postsecondary institution. (8) Failing to maintain financial resources adequate for the satisfactory conduct of the courses or programs offered or to retain sufficient and qualified instructional and administrative staff. (9) Offering a course, program of courses, or program that leads to a certificate or degree that has not been approved by the Department. (10) Failing to meet the criteria for approval. (11) Failing to maintain state licensing requirements for applicable offerings. (12) An act or practice by a person or an agent of the person that violates local, state, or federal law. (b) Whenever the Department proposes to deny an application for a certificate of approval or an application for the renewal of a certificate of approval, it shall first give written notice to the applicant of the reasons for denial and the opportunity for a hearing before the Secretary. The applicant must be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the applicant’s application is deemed denied as set forth in the notice and the Department shall notify the applicant the application is denied. (c) Any hearing before the Secretary must be held within 90 calendar days of the date the Secretary receives a request for a hearing. Notice of the hearing must be given at least 20 calendar days before the day it is held. (d) All hearings must be conducted by the Secretary or the Secretary’s designee, who must prepare a proposed order for the Secretary’s consideration. In connection with such hearings, the Secretary or the Secretary’s designee has the power to administer oaths; issue subpoenas for witnesses and the production of books, accounts, papers, records, and documents; exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence; and limit unduly repetitive proof, rebuttal, and cross-examination. (e) The burden of proof in a certificate of approval denial action is on the applicant to show by a preponderance of evidence that the applicant should not be denied a certificate of approval because the applicant meets the requirements to be issued a certificate of approval. (83 Del. Laws, c. 401, § 2.) § 191. Revocation of certificates of approval. (a) The Department may revoke a certificate of approval that has been issued to a person for any of the following causes: (1) Violating this subchapter or any rule or regulation made by the Department. (2) Furnishing false, misleading, or incomplete information to the Department or failure to furnish information requested by the Department. (3) Violating any commitment made in the application for a certificate of approval. (4) Presenting or causing to be presented to prospective students information that is false, misleading, or fraudulent. (5) Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by laws, regulations, or ordinances applicable to the location of the postsecondary institution. (6) Failing to maintain financial resources adequate for the satisfactory conduct of the courses or programs offered or to retain sufficient and qualified instructional and administrative staff. Page 41 Title 14 - Education (7) Offering a course, program of courses, or program that leads to a certificate or degree that has not been approved by the Department. (8) Failing to meet the criteria for approval. (9) Failing to maintain state licensing requirements for applicable offerings. (10) An act or practice by a person or an agent of the person that violates local, state, or federal law. (b) Whenever the Department proposes to revoke a certificate of approval, it shall first give written notice to the certificate holder of the reasons for revocation and the opportunity for a hearing before the Secretary. The applicant must be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the certificate holder’s certificate is revoked as set forth in the notice and the Department shall notify the holder the holder’s certificate is deemed revoked. (c) Any hearing before the Secretary must be held within 90 calendar days of the date the Secretary receives a request for a hearing. Notice of the hearing must be given at least 20 calendar days before the day it is held. (d) All hearings must be conducted by the Secretary or the Secretary’s designee who must prepare a proposed order for the Secretary’s consideration. In connection with such hearings, the Secretary or the Secretary’s designee has the power to administer oaths; issue subpoenas for witnesses and the production of books, accounts, papers, records, and documents; exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence; and limit unduly repetitive proof, rebuttal, and cross-examination. (e) The burden of proof in a certificate of approval revocation action is on the Department to show by a preponderance of evidence that there is cause for revoking a certificate of approval. (83 Del. Laws, c. 401, § 2.) § 192. Ceasing operation. (a) All postsecondary institutions that have been approved to confer degrees under this subchapter or private business and trade schools that have been approved to operate under Chapter 85 of this title shall perform all of the following duties prior to ceasing operation: (1) Promptly notify the Department, in writing, of any known financial liabilities or risks that will likely result in the imminent closure of the institution or otherwise adversely affect the institution’s ability to fulfill its obligations to admitted and currently enrolled students within 45 days of obtaining knowledge of any financial liability or risk. (2) Promptly notify the Department and all admitted and currently enrolled students, in writing, of any decision to cease operation within 45 days of the institution’s governing body deciding to close the institution. (3) Provide the Department with monthly progress reports on the status of communications to students, faculty, and stakeholders as well as the development of arrangements for currently enrolled students via teach-out plan or articulation agreement, beginning 30 days after notifying the Department of the decision to cease operation and continuing every 30 days thereafter until the institution is closed. (4) Notify all currently enrolled students and students enrolled during the 5 prior years, in writing, of the process for obtaining student records after the institution’s closure and points of contact for transferring credits, financial aid, information about students’ rights and responsibilities as student loan borrowers, athletics, and support services 3 months before the institution ceases operation. (5) Notify all currently enrolled students of the potential to discharge any federal student loans under the federal Closed School Discharge Program [20 U.S.C. §§ 1087 and 1087dd] or other applicable federal law 3 months before the institution ceases operation. (6) Identify a custodian of student records and notify the Department of the custodian and point of contact for student records 3 months before the institution ceases operation. (7) Provide the Department with the institution’s plan for providing monetary refunds to students and, if applicable, a copy of the institution’s current surety bond 3 months before the institution ceases operation. (8) Provide the Department with the institution’s teach-out plan, report, and responses to the institution’s accrediting agency upon submission to or receipt from the accrediting agency 3 months before the institution ceases operation. (9) In the event of a merger with another institution that is authorized to operate under this subchapter, both institutions will coordinate with the Department to submit an application for a certificate of approval for the newly created institution. (b) As used in this section, “student records” means all those documents that are necessary to provide a meaningful record of student performance and financial aid, including all of the following: (1) Academic records, including written evaluations and competency assessments. (2) Catalogues. (3) Change of grade forms. (4) Class lists, including original grade sheets. (5) Commencement programs/graduation lists. (6) Schedules of classes. (7) Financial aid transcripts and supporting documents. (83 Del. Laws, c. 401, § 2.) Page 42 Title 14 - Education § 193. Consumer fair practices and complaints. (a) This section applies to all postsecondary institutions and private business and trade schools as defined in Chapter 85 of this title. (b) All postsecondary institutions and private business and trade schools and their representatives are subject to the Consumer Fraud Act of subchapter II of Chapter 25 of Title 6. Recruitment, admissions, contractual agreements, student financial assistance, obligations to repay student loans, placement assistance, job placement rates, advertising, refund policies, accreditation, and transferability of credits are within the definition of “merchandise” in § 2511 of Title 6. (c) A statement offering a program of study printed in the institutional catalog at the time of a student’s enrollment in the program is deemed to constitute a representation that the student has a reasonable expectation of completion of the program within the timeframe specified by the Department in regulation. (d) No person, directly or through an agent, may use the terms “approval,” “approved,” “authorized,” “approved to operate,” “approval to operate,” “authorized to operate,” “approved to confer degrees,” “approval to confer degrees,” “authorized to confer degrees,” “certificate,” “certificate of approval,” “certified,” or similar language without having been issued a certificate of approval by the Department and, if applicable, approval to confer degrees from the Department as provided in § 125 of Title 8. (e) No person, directly or through an agent, may make a statement that a postsecondary institution or its courses of instruction have been accredited unless the accrediting agency is identified. (f) No person, directly or through an agent, may make a statement that a postsecondary institution or its courses of instruction have been approved by a state or the federal government unless the approval can be substantiated by a certificate or letter of approval issued by the approving agency of the state or federal government. (g) A violation of subsection (c), (d), (e), or (f) of this section is an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6. (h) If a student enters into a financial agreement with an institution at a time the institution was not compliant with the requirements of § 186 or Chapter 85 of this title, the financial agreement is void. Any moneys paid to the institution under the agreement must be refunded to the student. (i) Any written complaints alleging a violation of this subchapter that the Department receives will be reviewed by the Department. The Department will provide information on potential violations of this subsection or the Consumer Fraud Act [subchapter II of Chapter 25 of Title 6] to the Department of Justice. (j) The Department’s authority to act under this subsection is independent of a determination by the Department of Justice or a court that a person violated this subsection or the Consumer Fraud Act [subchapter II of Chapter 25 of Title 6]. (83 Del. Laws, c. 401, § 2.) § 194. Regulations. The Department of Education is authorized to adopt rules and regulations to implement this subchapter, subject to the State Board of Education’s approval. (83 Del. Laws, c. 401, § 2.) Page 43 Title 14 - Education Part I Free Public Schools Chapter 2 The Public School System Subchapter I System of Free Public Schools § 201. System of free public schools. The system of free public schools throughout this State shall be general and efficient. (14 Del. C. 1953, § 201; 56 Del. Laws, c. 292, § 4.) § 202. Free schools; ages; attendance within school district; nonresidents of Delaware. (a) The public schools of this State shall be free to persons who are residents of this State and who are age 5 years through 20 years inclusive when they are attending kindergarten through grade 12. (b) The public schools of any school district which maintains schools established under § 203 or § 204 [repealed] of this title for persons below the age of 5 years shall be free to persons who are residents of such school district and who have attained the specified age below the age of 5 years for which such schools are established. (c) Persons attending the public schools of this State shall attend the public schools in the school district within which they reside, except as provided in Chapters 4, 5 and 6 of this title and in Chapter 92, Volume 23, Laws of Delaware, as amended by Chapter 172, Volume 55, Laws of Delaware. Notwithstanding the foregoing, homeless children and unaccompanied youth, as defined by 42 U.S.C. § 11434a, shall attend school in accordance with the McKinney-Vento Homeless Education Assistance Improvement Act [42 U.S.C. §§ 11431 to 11435]; provided any person determined to be ineligible under the act may be denied enrollment. Children in the custody of the Department of Services for Children, Youth and Their Families under Chapter 25 of Title 13 must attend school in accordance with § 202A of this title. (d) Persons who are nonresidents of this State may attend the public schools of this State under such terms and conditions as may be otherwise provided by law. (e) (1) For purposes of this section, a student shall be considered a resident of the school district in which that student’s parents or legal guardian resides. If the child’s parents do not reside together and a court of appropriate jurisdiction has entered a custody order, the child’s residency for school attendance purposes shall be determined as follows unless otherwise agreed in a writing signed by both parents: a. In cases in which 1 parent is awarded sole custody, the child shall be considered a resident of the district in which the sole custodian resides. b. In cases in which the parents are granted joint custody, the child shall be considered a resident of the district in which the primary residential parent resides. c. In cases in which the parents are granted shared custody, the child may be considered a resident of either parent’s district. Under no circumstances shall a child be enrolled in 2 different schools at the same time. (2) If a child seeks to be considered a resident of a particular school district based on the residence of anyone other than that child’s parent or parents or legal guardian, the student must have: a. A signed order from a court of appropriate jurisdiction granting custody to or appointing as the child’s guardian the resident with whom that child is residing; or b. Suitable documentation certifying that the child resides within the district by action of the State or approval by the school district to be considered the student’s residence; or c. A completed and notarized Establishment of Delegation of Power to Relative Caregivers to Consent for Registering Minors for School (also known as “Caregivers School Authorization”) pursuant to subsection (f) of this section confirming a caregiver’s ability to provide consent in those cases where the student is being cared for by an adult relative caregiver without legal custody or guardianship. (3) Children under the care or custody of the Department of Services for Children, Youth and Their Families are exempted from the provisions of this subsection. Children in the care and custody of the Department of Services for Children, Youth and Their Families who are in foster care under Chapter 25 of Title 13 must attend school in accordance with § 202A of this title. (f) (1) A child may be enrolled in a particular school district based upon the submission of a Caregivers School Authorization if the following conditions are satisfied: a. The child resides with a relative caregiver who is 18 years of age or older, is a Delaware resident, and resides in the district in which the child seeks enrollment; b. The child resides with the relative caregiver as a result of: 1. The death, serious illness, incarceration or military assignment of a parent or legal guardian; Page 44 Title 14 - Education 2. The failure or inability of the parent or legal guardian to provide substantial financial support or parental care or guidance; 3. Alleged abuse or neglect by the parent, legal guardian or others in the parent or legal guardian’s residence; 4. The physical or mental condition of the parent or legal guardian which prevents necessary care and supervision of the child; 5. The loss or uninhabitability of the student’s home as the result of a natural disaster; or 6. Other circumstances as deemed appropriate by the school district; c. The child is not currently subject to an expulsion from school (as set forth in § 4130 of this title) or suspended from school for conduct that could lead to expulsion; d. The child’s residency with the caregiver is not for the purpose of: 1. Attending a particular school (although a caregiver’s school district may be considered when deciding placement of the child as between 2 or more relative caregivers); 2. Circumventing the Enrollment Choice Program (Chapter 4 of this title); 3. Participating in athletics at a particular school; 4. Taking advantage of special services or programs offered at a particular school; or 5. Other similar purposes; and e. The caregiver submits to the school district in which the child seeks enrollment a completed and notarized Caregivers School Authorization using the most recent form developed for this purpose by the Department of Health and Social Services. The Caregivers School Authorization must include the following: 1. The name and date of birth of the child; 2. The name, address and date of birth of the caregiver; 3. The names of the child’s mother, father, legal custodian or guardian; 4. Relationship of the caregiver to the child, documented by proof of relationship as defined by regulation; 5. A statement that the caregiver has full-time care of the student, documented as required by regulation; 6. A statement indicating which of the circumstances described in paragraph (f)(1)b. of this section applies; 7. A statement that the caregiver will be the person responsible for enrolling the student in school, being the legal contact for the school, and making school-based medical and special education decisions; 8. The notarized and dated signatures of the caregiver, parents, legal custodians or guardians, including a sworn statement of the accuracy of the information provided and confirming that the caregiver and other signatories are aware of the penalties for falsely completing the Authorization. If after a reasonable effort the caregiver is unable to locate the parents, then as an alternative to including the parents’ signatures, the Authorization shall include a statement of reasonable efforts made to locate the parents; 9. If available, any custody order in effect regarding the child. The order shall be submitted as an attachment to the Caregivers School Authorization and shall include only that portion of the order indicating to whom custody is granted. If the documentation required to verify the information in the Caregivers School Authorization cannot be obtained by the caregiver, then the schools shall permit the child to enroll provided that a custody or guardianship petition that is date stamped to indicate that it has been filed with Family Court is provided within 10 business days of enrollment. Additional time for submission of the date stamped petition may be provided as deemed appropriate by the individual district. The petition shall permit enrollment until the end of the school year or until such time as the court enters a decision disposing of the custody or guardianship petition, whichever first occurs; (2) A relative caregiver is an adult who by blood, marriage or adoption is the child’s great grandparent, grandparent, stepgrandparent, great aunt, aunt, stepaunt, great uncle, uncle, stepuncle, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the student. (3) A caregiver who completes and submits a Caregivers School Authorization form to register a child in that caregiver’s care for school is authorized and agrees to act in the place of the parent or parents with respect to the child’s education decisions (including but not limited to special education decisions) and the person the school contacts regarding truancy, discipline and school-based medical care. Once a Caregivers School Authorization is submitted and approved, school districts are no longer responsible, for so long as the Authorization is valid, for communicating with the parent, custodian or guardian who has signed the Authorization or is listed as unable to be found. (4) A Caregivers School Authorization that complies with the requirements of this section shall be honored by any school in any school district. The school districts shall determine whether a particular Caregivers School Authorization complies with the requirements of this section. A caregiver may appeal the school district’s decision to the local board of education of the school district. Any school district that reasonably and in good faith relies on a Caregivers School Authorization has no obligation to make any further inquiry or investigation. (5) Persons who knowingly make false statements in the Caregivers School Authorization shall be subject to a minimum civil penalty of $1000 and maximum of the average annual per student expenditure and may be required to reimburse the school district tuition Page 45 Title 14 - Education costs. Further, such persons may be subject to criminal prosecution pursuant to § 1233 of Title 11. The justices of the peace shall have jurisdiction in these cases. (6) Caregivers School Authorizations filed prior to January 1 shall be honored for the balance of the current school year and for the subsequent school year. Caregivers School Authorizations filed on or after January 1 shall be honored for the balance of the current school year and for the 2 subsequent school years. In either case, the Authorization shall expire on August 1 of the applicable school year unless the caregiver receives permission from the school district to extend the length of time that the Authorization will be honored. Caregivers School Authorizations may be cancelled at any time if the minor stops living with the relative caregiver or upon written revocation of the Authorization by the child’s caregiver, parent, legal custodian or guardian. (7) The Department of Health and Social Services shall be authorized to promulgate regulations to implement this law. This law shall take effect upon the promulgation of such regulations. Relationship and proof of actual full-time caregiving will be verified as stated in the regulations. (g) For the purposes of this section, a military-connected student who is the dependent of either a person in the active military service of the United States, or in a full-time status during active service with a force of the Delaware National Guard, whose parent or guardian is being relocated to the State under military orders and is transferred to or is pending transfer to a military installation within the State, shall be deemed to be a resident for the purposes of enrollment by the receiving local school district or charter school. The local school district or charter school shall permit military-connected students to enroll preliminarily by remote registration without charge and shall not require the parent or guardian of the military-connected student or the student to physically appear at a location within the district to register the student, if the parent or guardian presents evidence of military orders that a parent or guardian will be stationed in this State during the current or following school year. The parent or guardian may use an address within the district of residence where the militaryconnected student is to be enrolled, the address of a temporary on-base billeting facility, a purchased or leased home or apartment, or federal government or public-private venture off-base military housing. Proof of required residency shall not be required at the time of the remote registration but shall be required within 10 days of the student’s attendance, unless the attendance occurs within the unit count window, where proof of residency should be provided prior to the close of unit count. (14 Del. C. 1953, § 202; 56 Del. Laws, c. 292, § 4; 64 Del. Laws, c. 315, §§ 1, 2; 69 Del. Laws, c. 28, § 1; 70 Del. Laws, c. 180, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 52, § 1; 72 Del. Laws, c. 208, §§ 1, 2; 72 Del. Laws, c. 299, §§ 1, 2; 74 Del. Laws, c. 175, § 1; 74 Del. Laws, c. 403, § 1; 75 Del. Laws, c. 125, §§ 1, 2; 76 Del. Laws, c. 136, § 13; 81 Del. Laws, c. 92, § 1; 83 Del. Laws, c. 166, § 1.) § 202A. School enrollment for children in the custody of the Department of Services for Children, Youth and Their Families. (a) For purposes of this section, “school of origin” means any of the following: (1) The school in which the child is enrolled at the time of entry into the custody of the Department of Services for Children, Youth and Their Families (DSCYF). (2) The school in which the child is enrolled at the time of any change in placement while in the custody of DSCYF. (3) The school identified for the next grade level in the same school district where the child in the custody of DSCYF is enrolled. (b) (1) A child in the custody of DSCYF under Chapter 25 of Title 13 must remain in the child’s school of origin, unless a determination is made that it is not in the child’s best interest to attend such school. (2) If it is determined that it is not in the best interest of a child to remain in the child’s school of origin, the child must immediately be enrolled in the child’s school of residence based on the current address of the DSCYF custody placement, even if the records or other documents normally required for enrollment are not produced. The school in which the child is enrolled shall immediately contact the child’s school of origin to obtain relevant academic and other records. (3) The determination of a child’s best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the child’s school of origin, and a representative of the child’s school of residence based on the address of the DSCYF custody placement at the time of the determination. (c) (1) If a child leaves the custody of DSCYF, the child must remain in the school in which the child is enrolled through the remainder of the academic year, unless a determination is made that it is not in the child’s best interest. (2) The determination of a child’s best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the school in which the child is enrolled, and a representative of the child’s school of residence based on the address of the DSCYF custody placement at the time of the determination. (d) The Secretary of Education shall promulgate regulations to establish a process for the determination of a child’s best interest under subsections (b) and (c) of this section. (81 Del. Laws, c. 92, § 2; 82 Del. Laws, c. 243, § 35.) § 203. Special programs. The Department with the approval of the State Board of Education and the school board of any local reorganized school district, either separately or jointly, may establish special programs for children who are in need of education not provided for in regular classes or schools. Page 46 Title 14 - Education Such special programs may include, but are not limited to, bilingual programs, programs for persons who are truant or insubordinate or programs for pregnant students. (14 Del. C. 1953, § 203; 56 Del. Laws, c. 292, § 4; 57 Del. Laws, c. 113; 63 Del. Laws, c. 177, § 1; 68 Del. Laws, c. 126, § 1; 71 Del. Laws, c. 180, § 16; 72 Del. Laws, c. 395, § 372; 75 Del. Laws, c. 155, § 1; 78 Del. Laws, c. 5, §§ 1-3.) § 204. Kindergartens and playgrounds and other schools. Repealed by 71 Del. Laws, c. 180, § 17, effective July 31, 1997. § 205. Vocational-technical centers, or schools. The Department of Education with the approval of the State Board of Education may establish such vocational-technical centers, or schools as in its judgment will promote the educational interests of the State. (14 Del. C. 1953, § 205; 56 Del. Laws, c. 292, § 4; 71 Del. Laws, c. 180, § 18.) § 206. Braille literacy rights and education. (a) In developing the individualized written education program for each student with blindness or visual impairment, it is the presumption that proficiency in Braille reading and writing is essential for each student to achieve satisfactory educational progress. The assessment required for each student includes a Braille skills inventory, including a statement of strengths and weaknesses. (1) This section does not require Braille instruction and its use if, in the course of developing the student’s individualized educational program, each member of the team concurs that the student’s visual impairment does not affect reading and writing performance commensurate with ability. (2) This section does not require exclusive use of Braille if other special education services are appropriate to the student’s needs. The provision of other appropriate services does not preclude Braille use or instruction. (b) Instruction in Braille reading and writing are sufficient to enable each student with blindness or visual impairment to communicate effectively and efficiently with the same proficiency expected of the student’s peers of comparable ability and grade level. The student’s individualized educational plan must specify at least all of the following: (1) The results obtained from the inventory required in subsection (a) of this section. (2) How Braille will be implemented as the primary mode for learning through integration with other classroom activities. (3) The date on which Braille instruction will commence. (4) The length of the period of instruction and the frequency and duration of each instructional session. (5) The level of competency in Braille reading and writing to be achieved by the end of the period, and the objective assessment measures to be used. (6) The evidence used to determine that the student’s ability to read and write effectively without special education services will not be impaired if a decision has been made under subsection (a) of this section that Braille instruction or use is not required for the student. (c) Each publisher of a textbook that a local education agency purchases must, in addition to granting copyright permission for transcription into Braille, large print, or tape for students with visual impairments as already established by law, furnish to the Division for the Visually Impaired a print or electronic copy in the American Standard Code for Information Interchange (ASCII) from which Braille versions of the texts can be produced. The print copy is also required since the accompanying graphics must be reproduced by hand and some subject matter, such as mathematics, must still be hand transcribed. (d) [Repealed.] (e) In order to meet the instructional needs of each student with blindness or visual impairment, the Division for the Visually Impaired shall hire an itinerant teacher of the visually impaired for every 28 students, or a major fraction thereof, who are registered and receiving instruction from a local education agency. At least 2 of these teacher units must be 12-month employees in order to insure competent Braille instruction during the summer months. (70 Del. Laws, c. 237, § 1; 71 Del. Laws, c. 180, § 19; 78 Del. Laws, c. 179, § 132; 83 Del. Laws, c. 455, § 1.) § 207. Legislative educational impact statements. Repealed by 73 Del. Laws, c. 312, § 334, effective June 25, 2002. § 208. Digital recording of board meetings. All boards of education of public school districts, vocational-technical high school districts, and all boards of directors of charter schools shall digitally record all of their public meetings and shall make the recordings available to the public on the districts’ or charter schools’ websites within 7 business days of each meeting. These recordings shall remain available on the website for at least 1 year after their posting on the website. These recordings are not official board minutes, but are a means to enhance communication to the public and to state legislators. The requirements of this section do not apply to board executive sessions, or workshops and retreats where no voting will take place. (80 Del. Laws, c. 244, § 1.) Page 47 Title 14 - Education § 209. Qualifications of board members; disqualifying crimes [For application of this section, see 83 Del. Laws, c. 187, § 8]. (a) An individual may not serve as a member of the State Board of Education or the board of a public school district or vocationaltechnical school district if any of the following apply to the individual: (1) The individual has ever been convicted or has ever pleaded guilty or nolo contendere to any of the following: a. Any crime against a child constituting a felony. b. Any sexual offense against a child. c. Any crime constituting a felony sexual offense or unlawful sexual contact in the third degree under § 767 of Title 11. (2) The individual has been convicted or has pleaded guilty or nolo contendere within the preceding 10 years to any crime constituting a felony that is not a permanent disqualification under paragraph (a)(1) of this section. (3) The individual has been convicted or has pleaded guilty or nolo contendere within the preceding 5 years to any of the following: a. Any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree under § 767 of Title 11. b. Possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV, or V of Chapter 47 of Title 16, except for any of the following: 1. Possession of a personal use quantity of marijuana under § 4764 of Title 16. 2. Possession of drug paraphernalia under § 4771 of Title 16. c. Any crime constituting a misdemeanor offense against public administration involving bribery, improper influence or abuse of office. (4) The individual fails to comply with subsection (c) of this section. (b) Before an individual may be appointed to or qualify as a candidate for membership on the State Board of Education or the board of a public school district or vocational-technical school district, the individual must obtain a criminal background check and Child Protection Registry check under § 309 of Title 31. (c) (1) a. A member of the State Board of Education or a vocational-technical school district board must inform the Governor if the member is charged with a crime under subsection (a) of this section. b. The Governor may require a member of the State Board of Education or a vocational-technical school district board to obtain a new background check under § 309 of Title 31 if the Governor has reasonable suspicion that the member has been charged with a crime under subsection (a) of this section. (2) a. A member of the board of a public school district must inform the superintendent of the school district and other members of that school district board if the member is charged with a crime under subsection (a) of this section. b. The superintendent of a school district may require a member of the district school board to obtain a new background check under § 309 of Title 31 if the superintendent has reasonable suspicion that the member has been charged with a crime under subsection (a) of this section. (83 Del. Laws, c. 187, § 1.) Subchapter II Neighborhood Schools § 220. Purpose. It is the intent and purpose of the General Assembly through this subchapter to establish and implement a plan for neighborhood schools in Northern New Castle County that is fair and equitable to all affected children in New Castle County. (72 Del. Laws, c. 287, § 2.) § 221. Definitions. (1) “Committee” means the Wilmington Neighborhood Schools Committee. (2) “District” or “districts” means Brandywine School District, Colonial School District, Christina School District and/or Red Clay Consolidated School District, either jointly or severally, as context indicates. (3) “Plan” means a Neighborhood School Plan. (72 Del. Laws, c. 287, § 2.) § 222. Wilmington Neighborhood Schools Committee. (a) The Wilmington Neighborhood Schools Committee shall consist of 17 members, as follows: (1) Two members designated by the Mayor of the City of Wilmington; (2) Three members designated by the President of City Council for the City of Wilmington; Page 48 Title 14 - Education (3) One member designated by the Governor with such member being a resident of the City of Wilmington; (4) One member designated by the President Pro Tempore of the Senate with such member being a resident of the City of Wilmington; (5) One member designated by the Speaker of the House of Representatives with such member being a resident of the City of Wilmington; (6) Two members representing the Wilmington business community designated by the Mayor; (7) One member from a community based organization designated by the Mayor; (8) One member from a community based organization designated by the President of City Council; (9) One member from each of the 4 school boards with such persons serving from a Wilmington nominating district; and (10) One member residing in the City of Wilmington and representing the New Castle County Vo-Tech School District. (b) Each member shall serve at the pleasure of the holder of the office or the entity having the authority to appoint the member to the Committee. The Chairperson of the Committee shall be designated by the Mayor from the 17 members and serve as Chairperson at the pleasure of the Mayor. The majority of the Committee shall constitute a quorum and no motion or resolution of the Committee may be adopted without the approval of a majority of its members. (c) The Committee shall not be compensated but shall be reimbursed for reasonable and necessary travel expenses incurred in connection with the performance of its official duties. Funding for the research and analysis required by this section shall also be provided by the Department of Education. (d) The Committee shall review and analyze current public school feeder patterns, current resource allocations among the districts, current populations of children residing in the City of Wilmington attending public schools, and population projections for children residing in the City of Wilmington likely to attend public schools in the future. (e) Based on the information and analysis, the Committee shall submit recommendations to the Mayor of the City of Wilmington and the City Council by January 3, 2001, concerning the creation of a Wilmington School District, neighborhood schools within the current district configurations, or neighborhood schools under some alternative district configuration. The recommendations shall identify specific time lines for implementation as well as specific actions, legislative or otherwise, required to implement the recommendations. The recommendations shall also estimate the costs or savings both in terms of capital expense and/or operational expense based on existing unit count allocations and the required local match. Prior to submitting the recommendations, the Committee shall hold at least 5 public hearings to take testimony and questions from members of the public and other interested stakeholders. (f) Upon review and consideration of the Committee’s recommendations, the City Council and the Mayor of the City of Wilmington shall forward their plan on behalf of the City of Wilmington to the General Assembly by March 15, 2001. The plan shall identify specific time lines for implementation as well as specific actions, legislative or otherwise, required to implement the recommendations. The plan shall also estimate the costs or savings both in terms of capital expense and/or operational expense based on existing unit count allocations and the required local match. The General Assembly shall act on the plan by June 30, 2001. (72 Del. Laws, c. 287, § 2.) § 223. Neighborhood School Plans. (a) In the context of the plan submitted, or lack thereof, pursuant to § 222(f) of this title and any action taken by the General Assembly and the Governor to implement the Wilmington plan, the school boards of Brandywine School District, Colonial School District, Christina School District and Red Clay Consolidated School District shall develop a Neighborhood School Plan for their districts that assigns every student within the district to the grade-appropriate school closest to the student’s residence, without regard to any consideration other than geographic distance and the natural boundaries of neighborhoods. Notwithstanding the above, the Plan may assign students to schools based on factors other than geographic distance and natural neighborhood boundaries if a substantial hardship to a school or school district, student or a student’s family exists; provided, that no student shall be assigned to any school on the basis of race and school assignments shall be made without regard to the racial composition of the schools. Districts may consider as part of their neighborhood school plans, interdistrict school assignments for individual schools, with the concurrence of other districts, to the extent such assignments further the purposes of this subchapter. (b) Neighborhood School Plans shall consist of the following grade configurations: (1) A lower-level school, or elementary school, consisting of either grades K-5 or grades K-6; (2) A middle-level school, or junior high school, consisting of either grade 6 or 7 to grade 8 or 9; or (3) An upper-level school, or high school, consisting of either grades 9-12 or grades 10-12. If a district has only 2 school configurations, the plan may contain any combination of grade levels. To the extent a district concludes that an alternative configuration would better accomplish the goals of this subchapter, the district may present an alternative neighborhood school plan in addition to the plan based on the above configurations. (c) Each district shall hold at least 5 public hearings concerning their proposed plan prior to submission to the State Board of Education. (d) The school board of each district shall submit its plan to the State Board of Education by November 15, 2001, for its review and approval. If approved, the State Board of Education shall notify the Director of the Office of Management and Budget and Controller Page 49 Title 14 - Education General who shall, subject to an annual appropriation, release to the district a 1-time payment of $1.25 million from the General Fund for transition costs incurred by the district in implementing the plan. If the State Board of Education does not approve the plan, it shall notify the district in writing, identify the reasons why the plan was not approved, and require the district to resubmit the plan within 60 days of the notice of denial. If the district fails to resubmit the plan in accordance with this subchapter within 60 days, the State Board of Education shall refer the matter to the Attorney General’s Office to bring an action in a court of competent jurisdiction to compel compliance with this subsection. (e) Each district shall implement its Neighborhood School Plan within 18 months of receiving payment of 1-time transition costs pursuant to subsection (c) of this section. (f) A citizen with standing may bring a private cause of action in a court of competent jurisdiction to enforce the requirements of this section. (g) Nothing in this section is intended to deny or interfere with a student attending a special education program, an alternative school or a charter school, or electing to attend a school through the enrollment choice program. (h) Notwithstanding any requirement of this subchapter, no district shall be required to submit or implement any Neighborhood School Plan, for grades 6-12 if the district shall, for the 2002-2003 school year, enroll 40% or more of its students through the School District Enrollment Choice Program (“Choice Program”) established in Chapter 4 of this title. For any district not meeting this test in the 2002-2003 school year, that district may qualify for this exemption by demonstrating that it has enrolled 40% of its students through the Choice Program in the immediately preceding school year. (72 Del. Laws, c. 287, § 2; 74 Del. Laws, c. 335, § 1; 75 Del. Laws, c. 88, § 21(7); 76 Del. Laws, c. 280, § 403.) Page 50 Title 14 - Education Part I Free Public Schools Chapter 3 Delaware Interscholastic Athletic Association § 301. Purpose and intent. (a) The purpose of the Delaware Interscholastic Athletic Association is to do all of the following: (1) Preserve and promote the educational significance of interscholastic athletics. (2) Ensure that interscholastic sports remain compatible with the educational mission of the member schools. (3) Provide for fair competition among member schools. (4) Promote sportsmanship and ethical behavior. (5) Establish and enforce standards of conduct for athletes, coaches, administrators, officials, and spectators. (6) Protect the physical well-being of athletes. (7) Promote healthy adolescent lifestyles. (b) The General Assembly intends for the Delaware Interscholastic Athletic Association to work in consultation and cooperation with the Department of Education toward full implementation of this chapter. (73 Del. Laws, c. 374, § 3; 83 Del. Laws, c. 518, § 1.) § 302. Definitions. As used in this chapter: (1) “Association” means the Delaware Interscholastic Athletic Association. (2) “Board” means the Board of Directors of the Delaware Interscholastic Athletic Association. (3) “Department” means the Delaware Department of Education. (4) “Health-care provider” means a licensed physician (doctor of medicine or doctor of osteopathic medicine), a physician assistant, or an advanced practice registered nurse, who is trained and experienced in the evaluation, management, and care of concussions, or such other licensed health-care professional who is trained and experienced in the evaluation, management, and care of concussions. (5) “Member school” means a full or associate member school of the Association. (6) “Secretary” means the Secretary of the Delaware Department of Education. (7) “State Board” means the State Board of Education. (73 Del. Laws, c. 374, § 3; 83 Del. Laws, c. 518, § 2; 84 Del. Laws, c. 217, § 2.) § 303. Regulations, policies, and procedures. (a) The Board shall work in consultation and cooperation with the Department in the development of regulations relating to member school interscholastic athletics. The Board and the Department may develop necessary policies and procedures to implement this chapter. (b) (1) The Board, in consultation and cooperation with the Department, shall develop regulations relating to secondary and middle school interscholastic athletics. The regulations must include at least all of the following: a. Regulation of interscholastic athletic programs of each public school at the middle and high school levels. b. Regulation of the interscholastic athletic program of each nonpublic school that elects to become a member school. c. The manner in which a nonpublic school may elect to become a member school. d. Eligibility requirements for a student to participate in interscholastic athletics. e. Requirements for a student who participates in interscholastic athletics and nonschool competitions. f. Requirements for a coach or sports official in interscholastic sports. g. Sanctioning of school team competitions. h. Other matters affecting interscholastic athletics. (2) The Board may not approve a regulation that denies a student the right to simultaneously try out for, practice with, or participate in a game on a team similar to the school team on which that student is a member. The Board may, however, authorize dual membership and participation on a similar team only upon written consent by the student’s parent, custodian, or guardian. The written consent must clearly state the authority to participate on a particularly specified team of a designated organization or institution. (c) The Board shall adopt regulations as to the sports over which the Association has jurisdiction. (d) The Board shall adopt regulations applicable to a member school regarding the appropriate recognition and management of a student athlete exhibiting signs or symptoms consistent with a concussion. The regulations must require at least all of the following: Page 51 Title 14 - Education (1) Each student athlete and the athlete’s parent or guardian shall annually sign and return a concussion information sheet, that the Board designs, prior to the athlete initiating practice or competition. (2) Each coach shall complete concussion training consistent with a timetable and curriculum that the Board establishes by regulation. (3) A student athlete must be promptly removed from play if the athlete is suspected of sustaining a concussion or exhibits signs or symptoms of concussion until completion of assessment by a qualified health-care provider or medical clearance from a qualified health-care provider. (4) Written clearance for return to play after a concussion must be from a health-care provider. (e) The Board shall adopt regulations applicable to a member school regarding student athletes and awareness, recognition, and management of sudden cardiac arrest. The Board shall, through either regulation or policy adopted under regulation, do at least all of the following: (1) Develop and make publicly available a sudden cardiac arrest information sheet that includes information regarding the nature and warning signs of sudden cardiac arrest. (2) Prior to participating in practice or competition, require each student athlete and the athlete’s parent or guardian sign and return a sudden cardiac arrest information sheet that the Board designs. (3) Require each student athlete to complete a heart history questionnaire as part of the preparticipation physical examination. (4) Hold a current cardiopulmonary resuscitation (“CPR”) certification for each school-appointed head coach. The certification must include training on the use of an automated external defibrillator. (5) Present to each coach and official sudden cardiac arrest awareness information. (73 Del. Laws, c. 374, § 3; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 192, § 1; 79 Del. Laws, c. 419, § 1; 83 Del. Laws, c. 518, § 3; 84 Del. Laws, c. 217, § 2.) § 304. Other duties, powers, and authority. The Board has the duties, powers, and authority necessary for the enforcement of this chapter and the regulations adopted under this chapter. Regulations under this chapter must do at least all of the following: (1) Establish annual membership fees. (2) Establish standing committees. (3) Determine the existence of a violation of the regulations by a member school, athlete, coach, administrator, official, or spectator and penalize a violation by official reprimand, placement on probation, fine, suspension, or other action as the Board deems appropriate. (4) Investigate, conduct a hearing on, and take action on an alleged violation of a regulation under this chapter that a member school, athlete, coach, administrator, official, or spectator commits. (5) Interpret the Department’s regulations made under this section, and conduct hearings and take action on requests for a waiver of the regulations. (6) Establish the fee for officiating a contest or competition. (73 Del. Laws, c. 374, § 3; 81 Del. Laws, c. 329, § 1; 83 Del. Laws, c. 518, § 4.) § 305. Board composition. (a) The Board consists of 22 voting members as follows: (1) Three school district superintendents or assistant superintendents. Each of these members must represent a school in a different county. (2) Three representatives of school district boards of education. Each of these members must represent a school in a different county. (3) Three public school principals or assistant principals. Each of these members must represent a school in a different county. (4) Two public school athletic directors or coaches. Each of these members must represent a school in a different county. (5) Three nonpublic school representatives, comprised as follows: a. One representative must be a secondary school administrator. b. One representative must be a secondary school athletic director or coach. c. One representative must be a head of school or its equivalent. (6) The Secretary or the Secretary’s designee. (7) One physician licensed by the Delaware Board of Medical Practices and knowledgeable about sports medicine. (8) Six public members, comprised as follows: a. Each county must be represented by 2 members who reside in that county. b. One member must be a parent of a current or recent student athlete from a member school. c. Each member must be a Delaware resident for at least 3 years. Page 52 Title 14 - Education d. Each member must be knowledgeable about athletics. e. A member may not be an employee of a member school. f. A member may not have a material financial interest in providing goods or services to the Association or a member school. (b) The Governor shall appoint each member under paragraphs (a)(1) through (a)(5), (a)(7) and (a)(8) of this section with the advice and consent of the Senate. The Governor shall consider knowledge of athletics in general and interest in interscholastic athletics in deciding whether to appoint a nominee. (c) (1) A member appointed under paragraphs (a)(1) through (a)(5), and (a)(8) of this section serves a 3-year term and may not serve more than 3 terms or a total of 9 years. The terms may be consecutive or nonconsecutive. (2) The member serving under paragraph (a)(7) of this section has no limit to the number of years per term or number of terms that the member serves, except that the member serves at the Governor’s pleasure. (d) A member serves until a replacement is appointed under the same process as the member’s appointment. A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaces. (e) [Repealed.] (f) An act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for an appointment or attempted appointment in violation of this section unless the amendment or revision amends this section to permit the appointment or attempted appointment. (g) A school district or nonpublic school may not have more than 1 member on the Board. (h) (1) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, or malfeasance in office. (2) The Governor may consider a member who is in neglect of duty in office or ceases to meet a county representation or residency requirement to have resigned and may accept the member’s resignation. a. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular board meetings or attends less than 50% of board meetings in a calendar year, unless a majority of the board excuses the member good cause. b. A member ceases to meet a residency requirement if the member is no longer a resident of the county in which the member resided when appointed to the Board and the residency was a requirement of the appointment. (73 Del. Laws, c. 374, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 247, §§ 1-9; 83 Del. Laws, c. 518, § 5.) § 306. Quorum and voting. (a) The number of board members who must be present in order to have a quorum and conduct business is the majority of appointed members. A vacancy on the Board is not counted to determine whether quorum is met. (b) An affirmative vote of a majority of board members is required to approve an act of the Board. A vacancy on the Board is not counted for approval of an act of the Board. (73 Del. Laws, c. 374, § 3; 76 Del. Laws, c. 247, § 10; 83 Del. Laws, c. 518, § 6.) § 307. Chair; administration. (a) The Board shall elect annually from its members a chair, vice-chair, and, as the Board deems necessary, other officers. In the event of a vacancy in 1 of the officers, the Board shall elect a replacement at its next meeting or a meeting called for that purpose. (b) The Board shall select for hire an Executive Director to work in collaboration with the Department. The Executive Director is an employee of the Department and receives compensation commensurate with the Department salary scale at the education associate level. (c) The Department shall provide an administrative assistant or equivalent to staff the Association. The administrative assistant shall receive compensation commensurate with the Department salary scales and be evaluated according to Department policies and procedures. The Department shall provide other staff to the Association as provided in the budget. (d) The Executive Director must become a bona fide resident of the State within 6 months following the Executive Director’s date of hire. (73 Del. Laws, c. 374, § 3; 83 Del. Laws, c. 518, § 7.) § 308. Meetings of the Board. (a) The Board shall hold regularly scheduled meetings at least once per month and at other times as the chair deems necessary or at the request of a majority of the board members. (b) The Board shall meet at a place within the State as it may determine. The place for each meeting must be determined prior to giving notice of the meeting. (c) Notice of each board meeting must meet the requirements of Chapter 100 of Title 29. (d) Each board meeting and hearing must be open to the public under Chapter 100 of Title 29. (e) (1) Minutes of each board meeting must meet the requirements of Chapter 100 of Title 29 and the Association shall maintain copies at the offices of the Department. Page 53 Title 14 - Education (2) At a hearing in which evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript incurs the expense of preparing the transcript. (f) [Repealed.] (73 Del. Laws, c. 374, § 3; 83 Del. Laws, c. 518, § 8.) § 309. Secretary; powers and duties. The Association is a unit of the Department. The Secretary shall promulgate regulations necessary to establish the Association as a unit of the Department. (73 Del. Laws, c. 374, § 3; 83 Del. Laws, c. 518, § 9.) § 310. The Interscholastic Athletic Fund: payment of expenses; deposits of receipt. (a) The expenses of the Association are paid from the Interscholastic Athletic Fund, a special fund created to fund this chapter. An appropriation that the General Assembly makes to the Department for the Association must be allocated to this fund. This fund is interest bearing. (b) The Association may receive state appropriations, federal moneys, membership dues, tournament revenues, fees, fines, official dues, merchandising and licensing revenue, interest, and event, professional development, and scholarship sponsorships. (c) The Association may establish special fund accounts to track revenue. A special fund account must be interest bearing and may not subject to reversion. The Association is exempt from the state bid law. (d) The Association may not operate an account outside of the state accounting system. (e) The Interscholastic Athletic Fund or a special fund account under this section must be utilized to support the activities and operations of Delaware interscholastic athletics and may include the purchase of general liability insurance as it relates to the rental of non-stateowned venues for sponsored events, including tournaments. (f) The expenditure of funds from the Interscholastic Athletic Fund must be in accordance with the Division of Accounting budget and accounting procedures. (73 Del. Laws, c. 374, § 3; 80 Del. Laws, c. 298, § 302; 83 Del. Laws, c. 518, § 10.) § 311. Annual report. The Board, in consultation and cooperation with the Department, shall submit an annual report to the Governor, the General Assembly, and the Director and Librarian of the Division of Research of Legislative Council on or before January 31 each year. (73 Del. Laws, c. 374, § 3; 83 Del. Laws, c. 518, § 11.) § 312. Board decision and appeal; State Board’s duties. (a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter, or a waiver of the ineligibility under § 410(a) of this title. (b) The Board shall issue in writing its decision in a controversy involving a waiver within 20 days from the date of hearing. (c) A party to a controversy may appeal the Board’s decision to the State Board by doing all of the following: (1) Stating the party’s grievance in a petition. (2) Ensure that the petition is served on the Association’s executive director by certified or registered mail within 30 days after receiving notice of the decision. (d) The State Board shall do all of the following; (1) Rule on each appeal under this section. (2) Provide through regulation adequate procedures for a hearing on an appeal under this section. (3) Overturn the Board’s decision only if the State Board finds that the Board’s decision was not supported by substantial evidence or was arbitrary or capricious. (73 Del. Laws, c. 374, § 3; 81 Del. Laws, c. 72, § 1; 83 Del. Laws, c. 518, § 12.) Page 54 Title 14 - Education Part I Free Public Schools Chapter 4 School District Enrollment Choice Program § 401. Establishment; statement of purpose [For application of this section, see 83 Del. Laws, c. 316, § 3]. (a) There is hereby established an enrollment choice program within the public school system of this State. (b) In establishing this program, it is the goal of the General Assembly to increase access to educational opportunity for all children throughout the State regardless of where they may live. It is therefore the intent of the General Assembly that this chapter be construed broadly to maximize parental choice in obtaining access to educational opportunities for their children. (c) For the school year commencing July 1, 1996, and each succeeding school year, a parent residing within this State may enroll that parent’s child in a public school in any reorganized school district, vocational-technical school district, or charter school in the manner provided in this chapter. (d) The forms prescribed and policies adopted pursuant to this chapter shall be available on the websites of the reorganized school districts, vocational-technical school districts, charter schools, and the Department of Education, and the online application. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 35, § 1; 83 Del. Laws, c. 316, § 1.) § 402. Definitions [For application of this section, see 83 Del. Laws, c. 316, § 3]. For the purposes of this chapter, the following terms shall have the following meanings: (1) “Application” shall mean the standard application for educational options. This application, which consists of an online application or a written application, shall be provided by the Department of Education. (2) “District of residence” means any reorganized school district in which the parent of a student resides, and in the case of a militaryconnected student, means the anticipated district of residence. (3) “Good cause” means a change in a child’s residence due to a change in family residence, or a change in the state in which the family residence is located within 60 days of obtaining a new lease or mortgage, a change in a child’s parent’s marital status, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, a change in a waitlist offer as defined in § 405(c) and (d) of this title, participation by a child in a foreign exchange program, a reported, recorded, and substantiated instance of “bullying” against their child as defined in § 4161 of this title, or participation by a child in a substance abuse or mental health inpatient or day treatment program, or a set of circumstances consistent with this definition of “good cause.” (4) “Online application” shall mean the standard application receipt and processing tool approved by the Department of Education and used by all reorganized school districts, vocational-technical school districts, and charter schools. (5) “Parent” shall mean parent, relative caregiver pursuant to § 202(f) of this title or legal guardian of the person of the child. (6) “Receiving district” shall mean any reorganized school district other than the district of residence in which a student seeks to enroll. Where the district of residence includes more than 1 school or more than 1 program within any school providing instruction at a given grade level, and a parent of a child entering such grade level applies to enroll that parent’s child in a public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence, the district of residence shall also be considered to be the receiving district for all purposes of this chapter, except for the purposes of § 408 of this title. (7) “Receiving local education agency” shall mean any public authority legally constituted by the State as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions, other than the school district of residence, which administers any school or program in which a student seeks to enroll, including any receiving district. Where the local education agency is the school district of residence that includes more than 1 school or more than 1 program within any school providing instruction at a given grade level, and a parent of a child entering such grade level applies to enroll that parent’s child in a public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence, the district of residence shall also be considered to be the receiving local education agency for all purposes of this chapter, except for the purposes of § 408 of this title. Notwithstanding § 505 of this title, the term “receiving local education agency” shall include reorganized school district, vocational-technical school district or charter school. (8) “Working days” shall mean working days as determined by a local education agency’s administrative calendar. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 242, § 6; 75 Del. Laws, c. 48, § 1; 79 Del. Laws, c. 35, § 2; 79 Del. Laws, c. 267, § 1; 79 Del. Laws, c. 323, § 1; 80 Del. Laws, c. 383, § 1; 81 Del. Laws, c. 122, § 9; 83 Del. Laws, c. 166, § 2; 83 Del. Laws, c. 316, § 1; 84 Del. Laws, c. 233, § 21.) § 403. Pupil application; withdrawal [For application of this section, see 83 Del. Laws, c. 316, § 3]. (a) (1) Any parent of a school age child may apply to enroll that parent’s own child in a school or program in a reorganized school district, vocational-technical school district, or charter school by submitting an online application or written application, on a standard Page 55 Title 14 - Education form provided by the Department of Education, to the Department of Education or to the receiving local education agency and to the district of residence on or after the first Monday in November and on or before the second Wednesday in January for enrollment during the following school year, except that a parent may apply to a receiving local education agency until the first day of the school year for enrollment in a kindergarten program during that school year. Any student not currently registered in a public school in the State of Delaware must be registered in their school of residence before submitting a Delaware standard application for education options. (2) a. To be eligible to apply to a school or program in a receiving local education agency under paragraph (a)(1) of this section, a child must first be registered in the child’s assigned public school within the district that the child would normally be enrolled based on the child’s place of residence. b. The registration required under paragraph (a)(2)a. of this section must be through the uniform registration process under Chapter 4A of this title, whether through internet-based or in person registration. c. During the registration process under paragraph (a)(2)a. of this section, there must not be unnecessary barriers or burdens to accessing school choice opportunities. (3) The Department of Education shall distribute applications to the appropriate receiving local education agency no later than 10 working days after the application deadlines set forth in this subsection. (4) Receiving districts may require the submission of information beyond that contained in the standard form provided that it requires the submission of the same information by the parents of children residing in the attendance zone for the school. (5) Notwithstanding the requirements of this subsection, charter schools, vocational-technical school districts, and magnet schools may accept applications submitted after the second Wednesday in January to fill remaining availability. (b) If a parent of a school age child fails to file an application by the deadline established in subsection (a) of this section, and good cause exists for the failure to meet the deadline, the receiving local education agency and the district of residence shall accept and consider the application in the same manner as if the deadline had been met. (c) The parent of a school age child may withdraw the application at any time prior to action on the application by the board of the receiving local education agency by giving written notice to the boards of the receiving local education agency and the district of residence. (d) The parent shall indicate on the standard form the schools and programs to which the parent is applying on behalf of his or her child, as well as the parent’s order of preference of the schools or programs. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 387, § 1; 71 Del. Laws, c. 180, § 20; 71 Del. Laws, c. 242, §§ 4, 5; 75 Del. Laws, c. 48, § 2; 79 Del. Laws, c. 35, § 3; 79 Del. Laws, c. 267, § 2; 83 Del. Laws, c. 252, § 2; 83 Del. Laws, c. 316, § 1.) § 404. Receiving district and local education agency procedures. (a) Within 10 working days after an application deadline, the receiving district shall transmit a notice to the district of residence that it has received the application. (b) The board of the receiving local education agency shall take action no later than the last day of February of the school year preceding enrollment to approve or disapprove an application for admission to a program in grades 1 through 12, and no later than June 15 of the school year preceding enrollment to approve or disapprove an application for admission to a kindergarten program. Charter schools, vocational-technical school districts, and magnet schools may act on applications accepted in accordance with the provisions of § 403(a) of this title to fill remaining availability. (c) With respect to any application filed in accordance with the provisions of § 403(b) of this title, the board of the receiving local education agency shall take action to approve or disapprove the application no later than 45 days after receipt thereof, unless the application is received prior to a lottery conducted as outlined in a local education agency’s enrollment policy in the case of over-enrollment. (d) The board of the receiving local education agency shall transmit a notice of the board’s action to the parent of the child, and to the board of the district of residence within 5 working days after board action. (e) The parent who applied for the child shall notify the board of the receiving local education agency in writing no later than the third Friday in March, whether an offer is accepted or rejected. (f) No later than November 30 of each year, the board of each receiving district shall transmit to the Department of Education notice of the capacity of each school in the receiving district for the following academic year and the projected enrollment for the following academic year. The capacity and projected enrollment figures may be revised until January 30. For the purposes of this subsection, “capacity” shall have the same meaning as set forth in § 405(d) of this title, and “projected enrollment” shall mean the total number of returning students and new attendance zone students the receiving district anticipates will enroll for the following academic year. (g) No later than October 31 of each year, each receiving district shall hold at least 1 public information session about choice opportunities available in schools and programs in that district for the coming academic year. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 387, § 2; 79 Del. Laws, c. 35, § 4; 79 Del. Laws, c. 267, § 3.) § 405. Criteria for approval or disapproval [For application of this section, see 83 Del. Laws, c. 316, § 3]. (a) Each receiving local education agency shall adopt and make available a policy regarding the order in which applications for enrollment pursuant to this chapter shall be considered and the criteria by which such applications shall be evaluated. Page 56 Title 14 - Education (b) Prior to the applicable application deadline established in § 403(a) of this title, each receiving district shall adopt and make available a policy establishing criteria for acceptance or rejection of applications and setting priorities for acceptances consistent with this section. Such criteria shall be reasonably related to the nature of the program or school for which the application is submitted and may not differ from the criteria used for acceptance or rejection of applications submitted by parents of children residing in the attendance zone of the school, if applicable, except that a district shall give priority to the following categories of students in the order listed: (1) First, to returning students who continue to meet the requirements for the program or school, including students graduating from 1 school to another within a single program; (2) Second, to students who meet the requirements for the program or school and who seek to attend based upon the residence of the student’s parent within the designated feeder pattern, if any, for the school; and (3) Third, to the siblings of students currently enrolled in the school or in a program in accordance with paragraph (b)(2) of this section who will be returning to the school for the following academic year, provided that any siblings seeking priority under this paragraph meet the requirements for the program or school. Priority must be given to siblings of students who live in the reorganized school district where the school is located, and may be given to siblings of students who do not live in the reorganized school district where the school is located. In addition to the above, a receiving district may next give priority to students who have designated the program or school as a first, second, or third choice; to students who live within the district; and to children of school employees; as long as they otherwise meet the criteria of the program or school. After a receiving district has admitted all qualifying students consistent with the criteria in this subsection, the receiving district, shall use a lottery process to admit additional students and generate a ranked waiting list. The Department may verify the randomness of the lottery process. (c) Each receiving local education agency shall accept applications, in a manner consistent with the policy adopted pursuant to this subsection, until there is a lack of capacity in each school and program. Students who meet the receiving local education agency’s criteria for acceptance in the policy but who are not selected due to a lack of capacity in the school or program shall be placed on a ranked waiting list maintained by the receiving local education agency until the first day of the receiving local education agency’s school year for which they applied. (d) Consistent with subsection (b) of this section, a receiving local education agency may disapprove an application because of lack of capacity in a particular program or school. For purposes of this section, “capacity” means the maximum number of students that a program or school can contain as determined solely by considerations of physical space, physical resources, specific program requirements, and class size for each grade level. For the purposes of this section, “lack of capacity” means that the school or program calculates projected enrollment for the following academic year to be at least 85% of its capacity. (e) A district which is subject to a court-ordered desegregation plan may approve and disapprove applications in accordance with § 406(a) of this title. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 242, § 7; 79 Del. Laws, c. 35, § 5; 79 Del. Laws, c. 267, § 4; 83 Del. Laws, c. 316, § 1.) § 406. Racial balance. (a) If approval of all of the applications for transfer into or out of a district would result in the district being out of compliance with any applicable court-ordered desegregation plan, the district shall establish the number of majority and minority group pupils who may transfer into or out of the district. (b) Any action by the board of the district of residence to disapprove the application pursuant to this section shall be taken no later than March 15 of the school year preceding enrollment. (c) The board of the district of residence shall transmit a notice of the board’s action pursuant to this section to the parent within 5 working days after board action. (70 Del. Laws, c. 180, § 3.) § 407. Duration of enrollment in receiving district [For application of this section, see 83 Del. Laws, c. 316, § 3]. (a) (1) A pupil accepted for enrollment in a school or program pursuant to this chapter shall be entitled to remain enrolled therein until graduation from the school or completion of the program provided that the pupil continues to meet the requirements for such school or program, provided however, that upon the concurrence of the boards of both the district of residence and the receiving district, a pupil’s right to remain enrolled may be terminated prior to graduation from or completion of the program where such termination is based upon the pupil’s a. Failure to continue to comply with the receiving district’s requirements for attending school or class, or b. Multiple violations of, or one or more serious violations of, the receiving district’s student code of conduct. (2) A pupil accepted for enrollment in a school or program pursuant to this chapter shall remain enrolled therein for a minimum of 2 years unless, during that 2-year period, 1 of the following occurs: a. A pupil graduates from the school or completes the program; Page 57 Title 14 - Education b. The pupil’s parent or parents cease to be residents of the pupil’s original district of residence; c. At the conclusion of any academic year during such 2-year period, the pupil ceases to meet the academic requirements for such school or program; d. If daycare was indicated on the relevant choice application as a reason for seeking enrollment, or if daycare was a reason for granting priority to consideration of or granting of the relevant choice application, or the provider of daycare services to the pupil ceases doing business or relocates to a location so distant from the original location as to render the original combination of daycare and choice enrollment no longer reasonably practicable for the pupil or the parent or parents of such pupil; or e. The board of the district of residence, the board of the receiving district, and the parent or parents of the pupil agree for any reason to terminate such enrollment; f. The provisions of paragraphs (a)(2)a. through (a)(2)e. of this section shall apply unless the receiving district, at its sole discretion, agrees to maintain a child in a choice placement. Due to the unique educational and developmental needs of primary age children, on a case by case basis, districts may grant exceptions to allow students in grades kindergarten through grade 3 to remain in school choice even if they fail to meet required educational standards; g. The pupil’s parents or guardians wish to terminate the agreement due to a set of circumstances consistent with the definition of “good cause” defined in § 402 of this title. (b) Notwithstanding the provisions of subsection (a) of this section, a parent may apply to terminate that parent’s own child’s enrollment in the receiving district prior to the expiration of the minimum period established in subsection (a) of this section by submitting a written application, on a form provided by the Department of Education, to the child’s then-existing district of enrollment no later than December 1 for enrollment during the following school year. (c) If a parent of a child fails to file an application by the deadline of December 1 and good cause exists for the failure to meet the deadline, the child’s then-existing district of enrollment shall accept and consider the application in the same manner as if the deadline had been met. (d) The parent of a child may withdraw the application at any time prior to action on the application by the board of the child’s thenexisting district of enrollment. (e) Within 10 working days of receiving an application to withdraw, the child’s then-existing district of enrollment shall transmit a notice to the district of residence that it has received the application. (f) The board of the child’s then-existing district of enrollment shall take action to approve or disapprove the application no later than December 15 of the school year preceding enrollment. (g) The board of the receiving district shall transmit a notice of the board’s action to the parent of the child and to the board of the district of residence within 5 working days after board action. (h) The action of a board in a child’s then-existing district of enrollment to accept an application to terminate enrollment pursuant to this section shall be final; however, nothing in this subsection shall prohibit a board in its sole discretion from conditioning its approval of termination pursuant to this section upon acceptance of the child into another district or program pursuant to an application submitted in accordance with chapter. (i) Unless accepted for enrollment in a school or program in another district pursuant to this chapter, a child whose enrollment in a receiving district concludes or terminates pursuant to this section shall automatically be re-enrolled in the child’s district of residence for the ensuing school year. Any such student shall be enrolled by the district of residence according to the feeder pattern in which the child’s parent resides unless, pursuant to the provisions of § 405(b) of this title, all available space has been filled by returning students, in which case the student shall apply and be considered for enrollment in any other school in the district of residence in which there is space available in accordance with the provisions of this chapter. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 20; 71 Del. Laws, c. 242, §§ 1, 2; 72 Del. Laws, 1st Sp. Sess., c. 258, § 138; 79 Del. Laws, c. 323, § 1; 80 Del. Laws, c. 383, § 1; 81 Del. Laws, c. 122, § 10; 83 Del. Laws, c. 316, § 1.) § 408. State and local education funding. (a) A pupil enrolled in a receiving district pursuant to this chapter shall be included in the unit count of the receiving district for all purposes relating to the allocation of all state and federal education funding and shall not be included in the unit count of the district of residence for any such purposes. (b) If a parent of a pupil enrolled outside the district of residence pursuant to this chapter moves during the school year to a district different from either the district of residence or the receiving district, the child’s first district of residence shall continue to be responsible for payments to the receiving district for the balance of the school year pursuant to subsection (e) of this section. The child’s new district of residence shall be responsible for all such payments during succeeding years, and such payments shall be calculated as the lower local cost per pupil, as defined in subsection (d) of this section, of the new district of residence and the receiving district. (c) The Department of Education shall annually calculate the local cost per pupil expended by each school district for each type of pupil for the school year immediately preceding and shall annually certify each district’s local cost per pupil expenditure by September 1 of each year. Page 58 Title 14 - Education (d) Local cost per pupil as used in this section shall be calculated as follows: Total local Operating Expenditure in Preceding FY Division I Units for each District or Special School Pupils per Unit Total Operating Expenditure in Preceding Fiscal Year Total Division I Units minus Special School Units Number of Pupils per Unit Where: = Sum of all expenditures from local sources minus local expenditures for tuition minus local expenditures for debt service minus local expenditures for Minor Capital Improvement minus local cafeteria expenditures minus any other local expenditures deemed by the Secretary of Education to be inappropriate for inclusion for the purpose of this chapter. = Division I Units certified by the Department of Education as of September 30 of each year = Number of Pupils required for one particular unit of funding as specified in § 1703 of this title (e) The district of residence shall, except as provided for in subsection (h) of this section, pay to the receiving district the lower local cost per pupil expenditure of the 2 districts, adjusted by an inflation factor specified annually in the annual appropriations act, such payment to be made by November 30 of each year. In the case of a district of residence that has a higher local cost per pupil than the receiving district, the district of residence shall pay in to a special fund to be known as the “School Choice Fund,” the difference per pupil between their local cost per pupil expenditure and that of the receiving district. The Department of Education shall establish and administer the School Choice Fund as an appropriated special fund account. Deposits by districts of residence to this account shall also be completed by November 30 of each school year. (f) Once all payments have been made pursuant to subsections (b) and (e) of this section, the full amount in the “School Choice Fund” account shall be allocated to all receiving districts that had a local cost per pupil, as defined in subsection (d) of this section, that was higher than the district of residence for pupils choosing to attend schools in districts other than their district of residence. These funds shall be provided in a pro-rata fashion so that the gap that exists in a receiving district between the local per pupil cost in the receiving district and the amount paid by the district of residence is closed by an equal percentage in each receiving district. (g) Once all payments have been made pursuant to subsections (b), (e) and (f) of this section, the State, from the annual appropriations made for Division III Equalization and/or that portion of the Growth and Upgrade Contingency that represents actual Division III Equalization unit growth, will provide funding to all receiving districts that had a local cost per pupil, as defined in subsection (d) of this section, that was higher than the district of residence of pupils who choose to attend school in said receiving districts. This funding will be provided to each such receiving district so that the gap that exists in such receiving district between the local per pupil expenditures in the receiving district and the amount paid by the district of residence is closed by an equal percentage in each receiving district to the extent that the actual appropriations allow. (h) Any pupil, who because of educational need, requires services that are appropriately financed pursuant to the provisions of Chapter 6 of this title, either at the outset or subsequent to a decision to enroll in a public school other than a school in the pupil’s district of residence, shall remain the financial responsibility of the district of residence. The amount of the financial obligation shall be determined in accordance with the provisions of Chapter 6 of this title. (i) Any payment received by a local school district pursuant to this section may be used for current operations, local share of minor capital improvements, local debt service payments or to make tuition payments. (j) In the event of any mid-year termination of a pupil’s enrollment under this chapter, nothing contained in this section shall prevent the district of residence and the receiving district from entering into an agreement providing for the pro-ration of student funding between or among the district of residence, the receiving district, a successor district of residence and/or a successor receiving district. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 132, §§ 362, 363; 71 Del. Laws, c. 180, § 21; 71 Del. Laws, c. 242, § 3; 71 Del. Laws, c. 354, § 384.) § 409. Transportation. (a) The parent of any child enrolled in a district other than the district of residence, or enrolled in a school within the district of residence other than the school in which the child would normally be enrolled based upon the residence of the child’s parent or parents, shall be responsible for transporting the child without reimbursement to and from a point on a regular bus route of the receiving district. Page 59 Title 14 - Education (b) A child in grades 6 through 12 may use an annual student bus pass under § 2901(c) of this title. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 132, § 369; 71 Del. Laws, c. 180, § 22; 76 Del. Laws, c. 280, § 404; 82 Del. Laws, c. 188, § 1.) § 410. Interscholastic sports. (a) A student enrolled in grades 10 through 12, inclusive, in a receiving local education agency shall not be eligible to participate in interscholastic athletic contests or competitions during the first year of enrollment in any receiving local education agency if the student was enrolled in a different receiving local education agency during the preceding school year unless the interscholastic sport in which the student wishes to participate is not offered in the receiving local education agency in which the student was enrolled in the previous school year. (b) The Board of Directors of the Delaware Interscholastic Athletic Association may waive the ineligibility in subsection (a) of this section if the Board of Directors determine, in accordance with its rules and regulations, that the standards for granting a waiver have been met. (c) A waiver of subsection (a) of this section is not required for a student who transfers to and enrolls in grades 10 through 12 in a receiving local education agency that is a charter school: (1) In the charter school’s first year of operation; or (2) In the charter school’s first year of serving grades 10, 11, or 12. (70 Del. Laws, c. 180, § 3; 81 Del. Laws, c. 72, § 2.) § 411. Pupils suspended, expelled, or truant in district of residence. If a child for whom an application has been submitted pursuant to this chapter has been suspended or expelled, or has been absent from school without a valid excuse for more than 15 school days during a school year, in the district of residence, the board of the receiving district may, in its sole discretion, refuse to consider the application or refuse to approve the application, or refuse to enroll the child in the receiving district until the child has been reinstated in the district of residence, provided, however that nothing in this section shall be construed to enlarge upon the authority of any district to accept for re-enrollment any student who has been expelled from a school district in this State, as such authority is limited by the provisions of § 4130 of this title. “Valid excuse” shall have the same meaning as in § 2721 of this title. (70 Del. Laws, c. 180, § 3; 79 Del. Laws, c. 35, § 6.) § 412. Credits; graduation. A pupil who has been enrolled in a receiving district and who has met that district’s graduation requirements shall be granted a diploma by that district. That district shall accept credits toward graduation requirements that were awarded by another district. (70 Del. Laws, c. 180, § 3.) § 413. Discipline not affected. Nothing in this chapter shall be deemed to affect or alter district policies with regard to disciplining students, including suspensions or expulsions. (70 Del. Laws, c. 180, § 3.) § 414. Intra-district choice. Where the district of residence includes more than one school or more than one program within any school providing instruction at a given grade level, a parent of a child entering such grade level may apply to enroll that parent’s own child in any public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence in the manner provided in this chapter, and in such cases, the district of residence shall also be considered to be the receiving district for all purposes of this chapter, except that the provisions of § 408 of this title shall not apply to any such applications or changes in enrollment. (70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1.) Page 60 Title 14 - Education Part I Free Public Schools Chapter 4A Uniform Public School Registration Process (83 Del. Laws, c. 252, § 1.) § 401A. Definitions. For purposes of this chapter: (1) “Charter school” means a public school established under Chapter 5 of this title. (2) “Department” means the Department of Education. (3) “Parent” means a natural parent, an adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title. (4) “Public school” means a school district or charter school. (5) “Receiving local education agency” means as defined under § 402 of this title. (6) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education. (83 Del. Laws, c. 252, § 1.) § 402A. Establishment of a uniform public school registration process. (a) The Department shall establish a uniform public school registration process to be used by a parent to register a child for school in the public school system for the first time. The process must meet the requirements under §§ 403A and 404A of this title. (b) Beginning the 2023 through 2024 school year, all public schools shall use the uniform public school registration process and shall enable registration access to that year, and each subsequent school year, before the application period for the school district enrollment choice program under § 403 of this title begins. (c) The Department shall seek feedback from public schools and parents to guide ongoing improvements to the uniform public school registration process. (83 Del. Laws, c. 252, § 1.) § 403A. Uniform public school registration process and information collection requirements. (a) The uniform public school registration process established under § 402A of this title must meet both of the following: (1) Be available through the Internet and in paper form. (2) Be available in English and Spanish. (b) The uniform public school registration process established under § 402A of this title may be made available in languages in addition to English and Spanish. (c) The uniform public school registration process established under § 402A of this title must include all of the documents required to be completed by a parent who is registering a child for public school for the first time and must permit a public school to require additional information or documents. Additional information or documents required by a public school must be approved by the Secretary of the Department. (d) If a child is entering pre-kindergarten or kindergarten, the uniform public school registration process established under § 402A of this title must collect information related to the types of early learning experiences the child has had before entering pre-kindergarten or kindergarten, including the duration and time attended for each experience. (e) A public school must be certified by the Department as completing the training provided under § 405A(1) of this title before providing paper forms as part of the uniform public school registration process. (f) The Department shall provide to each public school information about the uniform public school registration process that the public school must post on the public school’s website and include in other publications produced by the public school. (g) After a parent has completed the registration process, the public school shall provide the parent with all of the following information, as applicable: (1) The public school in which the parent’s child is enrolled. (2) The specific school to which the parent’s child is assigned based on the child’s place of residence. (3) Information about the school choice process under Chapter 4 of this title, including that the school choice process is a process separate from the uniform public school registration process. (83 Del. Laws, c. 252, § 1.) Page 61 Title 14 - Education § 404A. Internet-based uniform public school registration process requirements. (a) The internet-based uniform public school registration process established under § 403A of this title must do all of the following: (1) Require a parent to do the following: a. Complete the online registration process. b. Provide proof of immunizations. c. For a registration of a child in prekindergarten or kindergarten, provide a completed common statewide physical exam form that includes all up-to-date American Academy of Pediatrics Bright Futures Schedule of Periodicity screening and preventative recommended measures. The common statewide physical exam form must include information to prove lead screening as required by Chapter 26 of Title 16. d. Provide a birth certificate. e. Provide proof of residency documents. f. For registration of a child in prekindergarten or kindergarten, provide a completed statewide, approved developmental screening that includes social and emotional components and is less than 12 months old at the time of submission or complete the developmental screening as part of the registration process. (2) Record the date a parent registers a child for the first time. (3) Report the number of children registered during a given month. (4) Within 48 hours of a request to transfer information, enable information provided by a parent to be transferred, with parental approval and on verification of contact and residency information, to another public school when a child’s school district of residence changes or a parent applies to enroll the parent’s child in a receiving local education agency under Chapter 4 of this title. (5) Permit any relevant personal document, including a birth certificate, required by a public school to be uploaded using the internetbased uniform public school registration process. (b) A public school shall provide computer access so that a parent may use the internet-based uniform public school registration process to register a child for school in the public school system for the first time. (83 Del. Laws, c. 252, § 1.) § 405A. Department duties. The Department shall: (1) Provide training on the uniform public school registration process established under this chapter to public school employees who are assigned to assist parents with the uniform public school registration process, including specific training related to the paper-based, in-person registration process. (2) Issue guidelines for privacy of information submitted as part of the uniform public school registration process. (83 Del. Laws, c. 252, § 1.) § 406A. Regulatory authority. The Secretary of the Department may promulgate regulations necessary to implement this chapter. (83 Del. Laws, c. 252, § 1.) Page 62 Title 14 - Education Part I Free Public Schools Chapter 5 Charter Schools § 501. Legislative intent. The purpose of this chapter is to create an alternative to traditional public schools operated by school districts and improve public education overall by establishing a system of independent “charter” schools throughout the State. To that end, this chapter offers members of the community a charter to organize and run independent public schools, free of most state and school district rules and regulations governing public education, as long as they meet the requirements of this chapter, and particularly the obligation to meet measurable standards of student performance. Schools established under this chapter shall be known as “charter schools.” This chapter is intended to improve student learning; encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community. There shall be no limit to the number of charter schools that may be established in the State; provided, however, that no more than 5 such schools may be established to operate in the 1996-1997 school year, and that no more than 5 additional charter schools may be established to operate in the 1997-1998 school year, and that no more than 5 additional charter schools may be established to operate in the 1998-1999 school years. If for any school year more charters are awarded than are permitted to operate by this section, the Department of Education shall hold a lottery to decide which charters are permitted to operate in such school year and charter applicants who lose such lottery shall be given a right of refusal for a charter for the subsequent school year. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 23; 73 Del. Laws, c. 164, § 23.) § 502. Potential charter organizers. This legislation is intended to encourage any person, university, college, or nonreligious, non-home-based, nonsectarian entity that can meet the requirements of this chapter to form a charter school. No private or religiously affiliated school may apply to become a charter school. (70 Del. Laws, c. 179, § 2.) § 503. Legal status. A charter school is a public school including 2 or more of grade kindergarten through 12 managed by a board of directors, which operates independently of any school board, under a charter granted for an initial period of 4 school years of operation and renewable every 5 school years thereafter by a public school district or the State Department of Education (hereinafter in this chapter, “Department”) with the approval of the State Board of Education (hereinafter in this chapter, “State Board”), pursuant to this chapter. For purposes of this chapter as it relates to the management of a charter school, the board of directors of a charter school shall be a public body subject to the requirements of Chapter 100 of Title 29 and shall have the same standing and authority as a Reorganized School District Board of Education, except the power to tax. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 24; 73 Del. Laws, c. 164, § 1; 74 Del. Laws, c. 360, § 1; 79 Del. Laws, c. 321, § 1.) § 504. Corporate status. (a) A charter school shall be organized and managed under the Delaware General Corporation Law. (b) The board of directors of a charter school shall be deemed public agents authorized by a public school district or the Department with the approval of the State Board to control the charter school. No person shall serve as a member of a charter school board of directors who is an elected member of a local school board of education. (c) A charter school shall be considered a public school for all purposes. (d) A charter school may sue or be sued to the same extent and on the same conditions as a public school district, and its employees, directors and officers shall enjoy the same immunities as employees, directors and officers of public school districts and other public schools. The approving authority of a charter school shall have no liability for the actions or inaction of a charter school. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 25; 72 Del. Laws, c. 118, § 4.) § 504A. Powers. Consistent with its charter and the provisions of its certificate of incorporation, bylaws or membership agreements, the board of directors of a charter school or schools shall, as to each charter that the board holds, have the power to: (1) Manage the implementation of its approved education program; (2) Determine its own budget and operating procedures; Page 63 Title 14 - Education (3) Acquire and convey interests in real property, subject to rules and regulations established by the Department with the approval of the State Board with respect to real property acquired by charter schools using state funds; (4) Incur debt; (5) Accept gifts; (6) Contract with any school district, or any other public school or private nonsectarian, nonreligious entity also empowered to enter into contracts, for any and all real property, equipment, goods, supplies and services; provided, that a school district must make unused buildings or space (defined as space no longer needed, permanently or temporarily, for non-charter school purposes) buildings or space in buildings available to a charter school, and shall bargain in good faith over the cost of rent, services and maintenance related to such space; provided further, that a charter school may, with the approval of the Secretary and the State Board for the sole purpose of determining compliance with this proviso, contract with a sectarian or religious college or university incorporated in the State and operating a program or programs for teacher education within the State empowered to enter into contracts for such property and services, so long as the property contracted for is used in a nonreligious and nonsectarian manner and the services contracted for are provided in a nonreligious and nonsectarian manner and are of a nonreligious and nonsectarian type. A charter school’s continued use of school district space shall be subject to review at least on a 5-year basis, and may be terminated by the district with 1 year’s notice, if the district’s non-charter school capacity requirements warrant. Charter schools shall have preference over state agencies for purposes of § 1057(b) of this title except that nothing in this section shall require the displacement of any tenant either during the term of its current lease or any renewal thereof; (7) Hire, manage, and terminate any school employee in accordance with the terms of its personnel policies or any collective bargaining agreement it negotiates with its employees; (8) Establish reasonable academic and disciplinary standards specifically related to the missions, goals and educational objectives for the charter school as set forth in its charter for students to continue enrollment in the charter school; provided, however, that an expulsion from a charter school shall have the same effect for the purposes of § 4130 of this title as expulsion from a school district. Charter schools may refer students to the alternative programs operated pursuant to the provision of Chapter 16 of this title subject to the following conditions: a. A student may only be referred to a program which serves that student’s district of residence and only if there is space available in such program to serve the student; b. The student otherwise meets eligibility criteria for students who may be enrolled in such program; and c. The student’s district of residence and the charter school in which the student is enrolled agree to a proration of student funding between or among the charter school and the school district in which the student resides, in which case the district of residence shall become liable for any cost associated with the placement of the student in the alternative program; (9) Establish an application and admissions process which shall enable the charter school to provide the local districts in which its students reside with a preliminary roster of its students for the subsequent school year on or before May 1 of each year. Each charter school shall make the timetable for its application and admissions process identical to any such timetable set forth by this Code for the operation of a public school choice program. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 82, §§ 1, 2; 71 Del. Laws, c. 180, § 25; 73 Del. Laws, c. 164, § 2; 78 Del. Laws, c. 187, § 1; 79 Del. Laws, c. 321, § 1.) § 504B. Open meetings. (a) For purposes of this section: (1) “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session. (2) “School board” means the board of directors of a charter school. (b) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment. (84 Del. Laws, c. 14, § 2.) § 505. Exemptions; rules and regulations. (a) Except as otherwise specified in this chapter and title, a charter school is exempt from all provisions of this title except the provisions of Chapter 31 of this title, and all regulations of any board of education of a reorganized school district, although a charter school may elect to comply with 1 or more such provisions. (b) The Department of Education shall have the authority to promulgate rules and regulations that would further define the application, approval criteria and processes. (70 Del. Laws, c. 179, § 2; 72 Del. Laws, c. 118, § 1; 73 Del. Laws, c. 164, § 6; 73 Del. Laws, c. 313, § 3.) § 506. Restrictions [For application of this section, see 83 Del. Laws, c. 316, § 3]. (a) A charter school may not do any of the following: Page 64 Title 14 - Education (1) Charge tuition, except in accordance with Chapter 6 of this title, or collect fees not permitted to be assessed by other school districts. (2) Be home-based nor engage in any sectarian or religious practices in its educational program, admissions policies, employment policies or operations. (3) Restrict student admissions except: a. By age and grade; b. By lottery in the case of over-enrollment; c. By gender in the case of a same-gender school, except that there may not be more than 1 same-gender school for each gender operating simultaneously, and any same-gender charter school authorized prior to June 30, 2014, may have their charter renewed and continue to operate. Any subsequent same-gender charter school that seeks to operate in the State shall make its application to the Department of Education and the State Board of Education. d.–g. [Repealed.] (4) Discriminate against any student in the admissions process because of race, creed, color, sex (except in the case of a same-gender school), handicap, or national origin, or because the student’s school district of residence has a per student local expenditure lower than another student seeking admission. For the purposes of this subsection: a. “Protective hairstyle” includes braids, locks, and twists. b. “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (5) Be formed to circumvent a court-ordered desegregation plan. (b) Preferences in student admissions may be given to: (1) Siblings of students currently enrolled at the school; (2) Students attending an existing public school converted to charter status. Parents of students at a school converted to charter status shall be provided with a plan the district will use to address the educational needs of students who will not be attending the charter school; (3) Students enrolling in a new (nonconverted) charter school may be given preference under the following circumstances as long as the school has described its preferences in the school’s charter: a. Students residing within a 5-mile radius of the school; b. Students residing within the regular school district in which the school is located; c. Students who have a specific interest in the school’s teaching methods, philosophy, or educational focus; d. Students who are at risk of academic failure; e. Children of persons employed on a permanent basis for at least 30.0 hours per week during the school year by the charter school. (4) Children of a school’s founders, so long as they constitute no more than 5% of the school’s total student population. For the purposes of this paragraph “founder” shall not include anyone whose sole significant contribution to the school was monetary, but otherwise shall be determined by the founding Board of Directors subject to Department of Education regulations. (c) (1) On or before April 1 of each school year, a charter school shall have enrolled, at a minimum, 80% of its total authorized number of students, and the administrator of each charter school shall, pursuant to the requirements below, provide a written certification of that enrollment to the Department of Education and to the superintendent of each public school district in which 1 or more of the charter school’s students reside. (2) The certification from the charter school’s administrator shall contain an updated roster of students who are enrolled at the charter school, together with their home address and district of residence. (3) A charter school shall obtain a written confirmation, signed by a parent or guardian of each student in that student’s initial year of attendance at the charter school, that the student will remain in the charter school for at least 1 school year. That confirmation shall include a statement reading: “I understand that my child is required to remain in this charter school, in the absence of any condition constituting good cause, for at least 1 school year” and shall be kept on file at the school and made available for inspection to Department of Education officials or representatives from the public school district in which the student resides. After a student’s initial year of enrollment, it shall be presumed for school district planning purposes only that the student will continue to attend the charter school until completion of the school’s highest grade level and no further written confirmation need be obtained by the charter school. (d) A pupil accepted for enrollment in a charter school pursuant to this chapter shall remain enrolled therein for a minimum of 1 year unless, during that 1-year period, good cause exists for the failure to meet this requirement. For purposes of this section only, “good cause” shall be defined as a change in a child’s residence due to a change in family residence, or a change in the state in which the family residence is located within 60 days of obtaining a new lease or mortgage, a change in a child’s parent’s marital status, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, a change in a waitlist offer as defined in § 405(c) and (d) of this title, participation by a child in a foreign exchange program, participation by a child in a substance abuse or mental health inpatient or day treatment program, a reported, recorded and substantiated instance of “bullying” against their child as defined in § 4161 of this title, Page 65 Title 14 - Education mutual agreement by the board of directors of the charter school, the board of the receiving district and the parent or parents or guardian of such child to the termination of such enrollment, or a set of circumstances consistent with this definition of “good cause.” (e) If at any time during any fiscal year of its existence, a charter school knows or reasonably should know that it has or will become unable to pay in full its projected expenses as they fall due, the school shall immediately so advise the Department of Education and its authorizer, and shall provide the Department with all financial information relating to revenues and expenses of the school necessary for the Department to determine the extent and cause of any potential operating deficit. If a charter school should fail to provide the notice to the Department of Education and authorizer required by this subsection or shall fail to cooperate with the Department in the production of financial information pursuant to this subsection, the authorizer shall subject the school’s charter to formal review pursuant to the provisions of § 515 of this title in order to determine whether grounds exist to take remedial measures. (f) If a child would qualify for a no- or low-cost breakfast or lunch under a federal national school breakfast or lunch program, beginning in the 2014-2015 school year, the charter school shall provide breakfast and lunch to the child at no or low cost to the child’s family. Charter schools shall not consider whether a child would qualify for no- or low-cost breakfast or lunch under a federal national school breakfast or lunch program when making enrollment decisions. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 367, § 1; 72 Del. Laws, c. 118, § 2; 72 Del. Laws, c. 312, § 1; 72 Del. Laws, c. 316, §§ 1, 2; 73 Del. Laws, c. 164, § 24; 73 Del. Laws, c. 313, §§ 2, 7, 11; 74 Del. Laws, c. 327, § 1; 76 Del. Laws, c. 202, §§ 1-6; 79 Del. Laws, c. 51, §§ 1, 2; 79 Del. Laws, c. 321, § 1; 79 Del. Laws, c. 323, § 2; 80 Del. Laws, c. 383, § 2; 81 Del. Laws, c. 122, § 11; 83 Del. Laws, c. 13, § 9; 83 Del. Laws, c. 316, § 2.) § 507. Labor relations. (a) A public school may only be converted to a charter school by approval of the board of the school district in which it is located and that the charter application received the approval of over 50% of the teachers and over 50% of the parents residing in the attendance area of the school with a child or children under the age of 18 years, who, after 30 days prior written notice to all teachers and parents eligible to vote, attend a public meeting held for the specific purpose of voting on the proposed conversion; provided, however, that such approval shall not be required where a district school board converts a choice school or program with a specific career or academic subject matter focus already approved as of the effective date of this chapter to a charter school with the same focus. The employees of a school converted to a charter school who are not employed by the charter school shall be accorded the rights available to them under the provisions of their collective bargaining agreement and shall, to the extent permissible under their collective bargaining agreement, be given preference in filling positions in the school district. (b) The employees of a school converted to charter status and who are employed by the charter school shall not be part of any bargaining unit which represented employees of the school while it was still part of the school district. Employees of charter schools shall have the same right to organize and bargain collectively as employees of other public schools. A bargaining unit shall not be deemed inappropriate under Chapter 40 of this title, simply because said unit is comprised of professional and non-professional positions within a charter school. A teacher may be a member of a bargaining unit and serve as a director of a charter school provided; however, that any teacher who is a director of a charter school shall recuse himself or herself from any board meeting, discussion or decision relating to the bargaining unit of which such teacher is a member. (c) Labor relations between the charter school and its employees shall be governed by Chapter 40 of this title, and a charter school and its employees may agree through the collective bargaining process to abide by other provisions of this title or Code. Except as otherwise provided in this section, all teachers working in charter schools shall hold an appropriate teaching certificate and license. Notwithstanding the foregoing, for any school year with respect to which there is no “qualified alternative certification,” as hereinafter defined, in effect, a charter school may, where it deems it beneficial to the success of its educational program, hire teachers that are not fully certified and licensed so long as such teachers have at least a bachelor’s degree in the content area in which they are teaching and comprise no more than 35 percent of the teachers at the school. If teaching 1 or primarily 1 specific content area, a teacher shall have a bachelor’s degree in that content area. For purposes of this section, a “qualified alternative certification program” shall be one which aligns with all requirements as specified in §§ 1260-1264 of this title [§ 1264 of this title has been repealed] and pursuant regulations. (1)-(6) [Repealed.] (d) At their request, teachers employed by any school district in the State, but not teachers employed by another charter school, shall be granted a 1-year leave of absence to teach in a charter school during the charter school’s first year of operation only or such leave as is provided in the collective bargaining agreement of the school district. At the end of that period, they shall be allowed to return to the school district with the same level of seniority as when they left to take the leave of absence, provided that they have not been terminated for cause while at the charter school, that they have given the school district notice of their intent to return on or before the April 15 preceding the school year in which they intend to return, and according to the provisions of their collective bargaining agreement in effect in the school district. This level of seniority shall also be used for determination of their tenure in accordance with Chapter 14 of this title. Notwithstanding any of the foregoing to the contrary, teachers who, prior to June 20, 2002, were granted a leave of absence to teach in a charter school shall be permitted to complete the full period of leave then granted. Effective March 15, 2002, and each succeeding year thereafter, teachers desiring to return to the local school district on a valid leave of absence shall notify such district of that teacher’s own intent in writing no later than March 15 of any year for the succeeding school year. Page 66 Title 14 - Education (e) A charter school may choose to be covered by the state retirement system established by Chapter 55 of Title 29 or choose another retirement system in lieu of the state retirement system. If the charter school chooses a retirement system other than the state retirement system, a memorandum of understanding must be executed as required by § 512(9) of this title. (f) Effective March 1, 2002, and each succeeding year thereafter, charter school boards that desire to dispense with the services of any teacher on leave from a Delaware public school district shall give notice in writing to such teacher on or before March 1 of any year of its intent to terminate said teacher’s services at the end of such school year. (70 Del. Laws, c. 179, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 354, § 385; 73 Del. Laws, c. 164, §§ 7, 8, 25; 73 Del. Laws, c. 292, §§ 1-3; 79 Del. Laws, c. 321, § 1; 81 Del. Laws, c. 282, § 6.) § 508. Responsibility for student transportation. (a) (1) A charter school may do 1 of the following: a. Request to have the school district where the charter school is located transport students residing in that district, at fair cost, to and from the charter school on the same basis offered to other students attending schools operated by the district. b. Receive from the State a payment equal to 70% of the average cost per student of transportation within the vocational district in which the charter school is located and become responsible for the transportation of those students to and from the charter school. (2) A school district receiving a request under paragraph (a)(1)a. of this section from a charter school may deny the request. (3) If a school district denies a request under paragraph (a)(2) of this section, the charter school is to receive the payment under paragraph (a)(1)b. of this section. (b) If a charter school utilizes a contractor for student transportation, the charter school may do any of the following: (1) Publically bid the transportation routes, either alone or with other local education agencies. (2) Negotiate a contract for 1 or more years for contractor payment for school transportation up to the maximum rate under subsection (a) of this section. a. If a transportation contract includes a fuel adjustment provision, the charter school is responsible for increased payments to the contractor. b. If a transportation contract is for multiple years, all of the following apply: 1. Funding for the contract is guaranteed by state funds for the first year of the contract. 2. Funding for each year after the first year of the contract is a local commitment until the allocation under subsection (a) of this section is determined for that year. (c) A charter school may choose to offer annual student bus passes under § 2901(c) of this title. (d) Notwithstanding any provisions under this section, a student at a charter school shall receive such transportation assistance as is made available to students pursuant to a public school choice program established by this Code provided that such student otherwise meets the eligibility requirements for such assistance. (e) If a charter school chooses to transport students itself, the charter school shall do so in accordance with all public school transportation safety regulations. (f) Local school districts and charter schools shall cooperate to ensure that the implementation of this chapter does not result in inefficient use of state appropriations for public school transportation and the State Board shall exercise its authority to approve bus routes so as to avoid such waste. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 132, § 373; 73 Del. Laws, c. 312, § 314; 75 Del. Laws, c. 89, § 407; 76 Del. Laws, c. 280, § 405; 78 Del. Laws, c. 290, § 334; 82 Del. Laws, c. 188, § 2; 84 Del. Laws, c. 29, § 1.) § 509. School financing. (a) Charter schools shall be eligible for public funds under procedures established by this section. Notwithstanding that this Code may establish procedures for the funding of a public school choice program and that such program may include charter schools among those schools which students may choose, funding for charter schools shall be as provided in this section. (b) A charter school shall receive a payment with respect to each of its students equal to: (1) From the State on or before December 31, the funding equivalent to the Division I staffing, including fractional funding of partial units, excluding funding for a Superintendent, Division II — All Other Costs and Energy funding, minor capital improvements and school building maintenance funded generated by the annual student unit count conducted on September 30 of each year in accordance with Department of Education regulations. Minor capital improvements shall be funded in the same manner as the Vocational Technical School Districts. In the case of Division III — Equalization, a charter school shall receive from the State an amount that is determined by weighting the Division III per unit values that would have been generated by its students had they been counted in their district of residence. In addition, a charter school shall receive a prorated portion of any other funds appropriated to the Department of Education that are intended to be allocated on a student, employee or school state share. For the purposes of calculating such funding, each charter school student shall be counted in a separately reported unit count of the charter school, and not counted for any purposes in the student’s district of residence. For any partially funded unit generated at a charter school, the charter school is free to negotiate the use of such unit with the chartering district, and other public school districts, in order to purchase central custodial, administrative, clerical, direct teaching or educationally related services. If such an agreement is not negotiated, a payment based on the average State cost per Page 67 Title 14 - Education unit shall be payable to both the charter school and the district issuing the charter, provided that the sum of both fractions justifies an additional unit. The State shall advance 75% of the anticipated funding pursuant to this subsection at the beginning of each fiscal year, provided that the charter school has provided the Department of Education with a preliminary roster of its students on or before May 1 of such year, and does not maintain the status of formal review or probation. The status of formal review or probation shall prompt the Department of Education to advance a level of funding appropriate to pending administrative action. A final roster shall be due September 30. Notwithstanding the above, a charter school in its first year of operation shall receive 50% of the anticipated funding pursuant to this subsection at the beginning of the fiscal year, provided that the charter school has provided the Department of Education with a preliminary roster of its students on or before May 1 of such year. The charter school shall receive an additional 25% of the funding due pursuant to this subsection on October 1 of its first year in operation and shall receive the remaining 25% on February 1 of its first year in operation, provided that the school has completed and posted the required standardized financial report forms and the Department has reviewed those forms and determined that the school’s finances will not at that time lead the Department to submit the school for formal review pursuant to § 515 of this title. A determination that the school will be submitted for formal review shall prompt the Department of Education to advance a level of funding appropriate to pending administrative action. The percentage of funding to be provided to charter schools on July 1 and October 1 pursuant to the above may be increased in the Secretary’s discretion. (2) From the school districts in which its students reside on or before December 31 of each year, the local cost per student (regular or special education, as the case may be), net of transportation expenses provided for pursuant to § 508 of this title. The school districts in which its students reside shall advance at least 35% of the anticipated funding pursuant to this subsection at the beginning of each fiscal year provided that the charter school has provided the school districts of residence with a preliminary roster of its students on or before May 1 of such year. This advance may be paid from Division III — Equalization funds if the district’s prior fiscal year current expense local funds balance was 20% or less pursuant to § 1507 of this title. A final roster shall be due September 30. In the event of the failure of a school district to make timely payments to a charter school as required in this paragraph, the Department of Education shall have the authority to direct transfer of such funds from future State funding allocations after the school district receives reasonable notice and an opportunity to be heard, as set forth in the rules and regulations established by the Department. (c) If a parent or legal guardian of a student enrolled outside the district pursuant to this chapter moves during the school year to a district different from the district in which that parent’s or legal guardian’s child resided at the time of the annual unit count, the child’s first district of residence shall continue to be responsible for payments to the charter school for the balance of the school year pursuant to paragraph (b)(2) of this section. The child’s new district of residence shall be responsible for all such payments during succeeding years. (d) The Department of Education shall annually calculate the local cost per student expended by each school district for each type of student for the year immediately preceding based on the formula set forth in subsection (e) of this section, adjusted by a factor necessary to fund the charter school on a basis reasonably equivalent to the current year local cost per student, which factor shall be established in the annual Appropriations Act. The Department shall annually certify each local district’s local cost per student expenditure by September 1 of each year. (e) Local cost per student as used in this section shall be calculated as follows: Total Local Operating Expenditure in Preceding Fiscal Year Total Division I Units minus Spec School Units Number of Pupils per Unit Where: Total local Operating = Sum of all expendituresfrom local sources Expenditure inPreceding FY minuslocal expenditures fortuition minus local expend-itures for debt service minuslocal expenditures for MinorCapital Improvement minuslocal cafeteria expendituresminus any other local expen-ditures deemed by the Secretary of Education to be inap-propriate for inclusion for thepurpose of this chapter. Division I UnitsFor each = Division I Units certifiedby the Department Districtor Special School of Educationas of September 30 of eachyear Pupils per Unit = Number of Pupils required forone particular unit of funding asspecified in § 1703 of this title. (f) For any student, who because of educational need requires services that are appropriately financed pursuant to the provisions of Chapter 6 of this title, either at the outset or subsequent to a decision to enroll in a charter school, the student’s district of residence shall remain financially responsible for such student and the charter school shall receive from such district a payment determined in accordance with the provisions of Chapter 6 of this title. Page 68 Title 14 - Education (g) Any payment received by a charter school pursuant to this section may be used for current operations, minor capital improvements, debt service payments or tuition payments. (h) The Department of Education, in consultation with the Office of Management and Budget, shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The Department of Education, in consultation with the Office of Management and Budget, shall make the list available to applicants for charter schools and to existing charter schools. The list shall include the address of each building, a short description of the building and the name of the owner of the building. (i) In return for the receipt by a charter school of state funds allocated directly to the school for extra time, professional development, driver education or disciplinary programs, the school shall provide such programs. (j) If after September 30, a pupil ceases to be enrolled in a charter school and is thereafter enrolled in a reorganized school district for the balance of the fiscal year, nothing contained in this section shall prevent a charter school which has received any funding for the student and the school district in which the student is subsequently enrolled from entering into an agreement providing for the proration of student funding between or among the charter school and the school district in which the student is subsequently enrolled. Funding in any subsequent fiscal year shall be as otherwise provided in this Code. (k) A charter school shall display on its website all financial reporting documents as specified in § 513 of this title. (l) Charter schools shall have the same access to conduit bond financing as any other nonprofit organization, and no state or local government unit may impose any condition or restriction on a charter school’s approval solely because the applicant is a public charter school. It is the further intent that a charter school shall apply for conduit funding to issuers within the State unless more favorable terms may be found elsewhere. (m) The Department of Education shall administer a performance fund for charter schools, to be known as the “Charter School Performance Fund.” The Department of Education shall establish threshold eligibility requirements for applicants desiring to apply for funding, which shall include but not be limited to a proven track record of success, as measured by a performance framework established by the charter school’s authorizer or comparable measures as defined by the Department. The Department of Education shall also establish criteria to evaluate applications for funding, which shall include but not be limited to the availability of supplemental funding from nonstate sources at a ratio to be determined by the Department. The Department of Education shall prioritize those applications from applicants that have: (1) Developed high-quality plans for start-up or expansion; or (2) Serve high-need students, as defined by the Department. The Fund shall be subject to appropriation and shall not exceed $5 million annually. (70 Del. Laws, c. 179, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 132, §§ 360, 361; 71 Del. Laws, c. 180, § 26; 71 Del. Laws, c. 354, § 383; 72 Del. Laws, c. 395, § 351; 73 Del. Laws, c. 164, §§ 9, 10; 75 Del. Laws, c. 88, § 16(2); 75 Del. Laws, c. 89, § 425; 78 Del. Laws, c. 77, § 33(b); 78 Del. Laws, c. 187, §§ 2, 3; 79 Del. Laws, c. 51, §§ 3, 4; 79 Del. Laws, c. 321, § 1.) § 510. State assistance. (a) The Department of Education shall distribute information announcing the availability of the charter school program, explaining the powers and responsibilities of a charter school contained in this chapter, and describing the application process to each school district and public post-secondary educational institution, and through press releases to each major newspaper in the State. (b) The Department of Education shall provide technical assistance to potential charter school applicants upon request. (c) The Department of Education shall provide technical and other forms of assistance to charter schools on the same basis as to school districts. (d) The Department of Education shall, in concert with the approving authority and the applicant, apply for available federal or foundation grants providing funding for the planning and start-up of charter schools and the Department of Education shall administer such funds as may be appropriated by the General Assembly for the purpose of assisting in the planning and start-up of charter schools. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 27.) § 511. Approval procedure [For application of this section to the City of Wilmington, see 80 Del. Laws, c. 17, § 2]. (a) An approved charter school application, together with such conditions imposed pursuant to subsection (l) of this section, shall be the basis for a charter granted to the charter school by the approving authority pursuant to this chapter and shall be governed by the terms of this chapter. Upon approval of a charter school application, the Department of Education shall present applicants seeking a charter from the state with a charter contract (“Charter Contract”) that clearly defines the respective roles, powers, and responsibilities of the school and the approving authority and incorporates the provisions of the performance agreement entered into between the charter school and its approving authority pursuant to 14 DE Admin. Code 275. Other approving authorities may choose to present applications they approve with such a Charter Contract. Where a Charter Contract is utilized, both the school and the approving authority shall execute the Charter Contract. Notwithstanding anything in this chapter to the contrary, the initial term of a newly approved charter shall expire at the end of the fifth fiscal year following the fiscal year in which the charter was initially approved, and any subsequent charter renewal term shall expire at the end of each successive fifth fiscal year thereafter unless extended pursuant to § 514A(b) of this title. If an approved Page 69 Title 14 - Education charter is modified to delay the initial opening of the school, then the expiration date of the initial term of the charter shall be adjusted accordingly, to ensure that the charter has 4 years of instructional operation prior to its charter expiration. (b) (1) Charters shall be modified by the same procedure and based on the same criteria as they are approved. When the approving authority is the Department of Education, minor modifications to a charter that are requested by the charter school only may be approved by the Secretary, subject to rules and regulations established by the Department with the approval of the State Board. Modifications associated with the provision of student transportation services as a result of changes to the Annual Appropriations Act to § 508 of this title shall be considered a minor modification. (2) A request for modification to increase a charter school’s total authorized enrollment by more than 15% shall be considered a major modification, regardless of whether the additional students will attend school at the current location or at a separate location. (3) In addition to meeting the approval criteria established in § 512 of this title, an authorizer considering an application for a new charter school or for a modification as described in paragraph (b)(2) of this section in which the increased enrollment will occur less than 18 months from the date of application (an “expansion”), shall also consider the potential positive and negative impact of the proposed new school or expansion on the schools and the community from which the charter school’s new students will likely be drawn. In reviewing the impact, the authorizer shall consider all information furnished to it during the application process and may exercise its reasonable discretion in determining whether the proposed new school or expansion is contrary to the best interests of the community to be served, including both those students likely to attend the charter school and those students likely to attend traditional public schools in the community. (4) Information regarding impact, as defined by regulations established by the Department with the approval of the State Board no later than October 31, 2014, shall be considered in conjunction with the factors in § 512 of this title but shall not alone provide the basis for disapproval of an application for a new charter application or an expansion. The information regarding impact may, however, be among the bases for disapproval of an application or expansion if at least 1 criteria in § 512 of this title is also deemed not satisfied by the authorizer. The information regarding impact may, by itself or in combination with other factors, form the basis for conditions being placed on the approval. Those conditions may include but shall not be limited to restrictions or prohibitions on geographic location, programmatic offerings, academic focus or emphasis, and grade levels served. In no event shall the placement of conditions on approval, based solely or in part on considerations of impact, be considered disapproval of an application. (c) Charter school applications shall be submitted to a local school board or the Department for approval as an approving authority. Whenever a charter school seeks a charter from the Department as approving authority, such approval shall require the assent of both the Secretary and the State Board, as shall any action pursuant to §§ 515 and 516 of this title. The approving authority shall be responsible for approval of the charter school pursuant to this section and for continuing oversight of each charter school it approves. In addition, for a charter school applicant seeking to locate in the City of Wilmington, prior to the approving authority authorizing the school to open, the Mayor and the City Council of the City of Wilmington may review and provide comment regarding the likely impact of the proposed charter school on students in the City of Wilmington as outlined in this chapter and further defined in regulations. (d) The Department shall make an initial review of all new charter school and charter school modification applications it receives in order to assess the completeness and quality of each such application based on the application submission criteria established in this title. Upon a finding that an application does not warrant a full review, the Department shall notify the applicant in writing of the deficiency or deficiencies and the application shall receive no further consideration. Each district that is asked by an applicant to serve as an approving authority may, in its discretion, undertake such an initial sufficiency review and make such an initial sufficiency determination. (e) Applicants seeking a charter from the Department that have submitted an application deemed by the Department sufficient to receive a full review shall be offered an opportunity for an interview in support of the application. Such interviews will allow the Department to assess applicant capacity, allow it to clarify information provided in the application, and gather additional information. The information gained in the interview process may be among the factors considered by the approving authority in approving or denying an application. (f) Potential charter school applicants may engage in discussions with a potential approving authority before submitting an application for approval to establish a charter school. (g) (1) Except as noted in paragraph (g)(2) of this section, new charter school applications shall be submitted to an approving authority between November 1 and December 31 for schools to be established and prepared to admit students on or after the second August 1 thereafter. (2) Applications by a highly successful charter school operator as described in subsection (p) of this section shall be submitted to an approving authority between November 1 and December 31 for schools to be established and prepared to admit students on or after the August 1 thereafter. The application submission dates in this subsection may be amended by agreement of the authorizer and the applicant if necessary to allow the applicant to serve students who would otherwise be displaced due to the closure of an existing charter school. (3) Applications to renew a charter shall be submitted to the approving authority on or before September 30 of the year immediately preceding the calendar year in which the school’s current charter term will expire. (4) Charter school applications which propose the conversion of an existing public school, or a part thereof to charter school status must be submitted to an approving authority on or before October 30 if the application proposes that the newly converted charter school is to be established and prepared to admit students for the next ensuing school year. Page 70 Title 14 - Education (5) If the date for submitting an application or commencing the school’s instructional program shall fall on a weekend or state holiday, the time for such shall be continued to the first working day thereafter. (h) Any local school board may limit the number of new charter school applications it will consider in any year or the number of charters it will grant, but within 20 working days after December 31 must hold a public meeting to decide whether or not to consider it. A local school board shall not be required to accept any new charter school applications for a charter school unless, by September 1 of each year the school board shall affirmatively vote to accept such applications. (i) If an approving authority decides to consider a charter application, the approving authority must rule on whether to approve the application at a public meeting within 90 working days after December 31. (j) Within 5 days of deciding to consider an application, the approving authority shall form an accountability committee to review the charter school application. The accountability committee’s report to the local school board shall address the approval criteria set forth in § 512 of this title. The committee shall meet with the applicant in the course of its investigation and provide the applicant the opportunity to review and comment on the committee’s report 15 days before it is issued to the approving authority. The committee’s final report shall be provided to the applicant and be made available to the public. (k) After giving 15 days’ public notice, the approving authority shall hold public hearings to assist in its decision whether to approve a charter application. At least 1 such hearing shall be held prior to the issuance of the accountability committee’s final report on each new application. The approving authority shall, in advance of the 15-day public notice period, post any and all charter applications under consideration on a public website maintained by the approving authority, and during this public notice period shall accept electronically submitted and written comments from the public. (l) Subject to any limitations imposed by the approving authority pursuant to subsection (h) of this section, if the application is found by the approving authority to meet the criteria set forth in § 512 of this title and complying with the approval process in this section, it may approve the application subject to such conditions as the approving authority, in its sole discretion, may deem appropriate to ensure the applicant’s continuing compliance with the approval criteria. Whenever approval of a charter school requires the assent of the State Board, as set forth in subsection (c) of this section, the State Board may, in addition to approving or disapproving the decision of the Secretary, place or modify conditions on the approval to address considerations of impact, consistent with the requirements of paragraph (b)(4) of this section. (m) If an application is made to the Department or a local board as an approving authority and the charter application is not approved, such decision shall be final and not subject to judicial review. (n) All applications for a charter shall contain an affirmative representation by the applicant that no later than June 15 immediately preceding the authorized opening date of the school, the applicant shall secure a certificate of occupancy, either temporary or final, for the premises in which the school is to be located, provided that any temporary certificate of occupancy must permit occupancy at the premises by school staff and students for school purposes. If the charter is approved and the charter holder shall subsequently fail to obtain the necessary certificate of occupancy as required by this section, the opening of the school shall be delayed by 1 year from the date previously authorized by the approving authority and the charter shall be placed on probation subject to the terms and conditions imposed by the Department of Education with the consent of the State Board of Education. No waivers are available for this requirement. (o) A local school board that approves an application for a charter school may do so only on the condition that the charter school is located in and provides all educational and related services, with the exception of transportation services and other K-12 noninstructional services and activities, within the boundaries of the approving local school board’s district lines. Once approved, the charter school may not subsequently change its location from the school district specified in its originally approved charter. (p) “Highly successful charter school operator” means an entity that currently operates or whose principals currently operate 1 or more highly successful charter schools showing sustained high levels of student growth and achievement and sustained fiscal stewardship, as further defined by Department regulation. Notwithstanding the provisions of this chapter, for purposes of this definition the phrase “charter school” shall include public schools operated under a charter regardless of whether the schools are located or organized in Delaware. A highly successful charter school operator may be authorized to operate a charter school in the timeframe provided by paragraph (g)(2) of this section including when an application is submitted for the purpose of operating a charter school at the site of and serving students currently attending a charter school whose charter has been revoked, has not been renewed, or whose charter is on formal review and whose board has agreed to abandon their charter. (q) The charter school application shall include a disclosure of any ownership or financial interest in the charter school, including but not limited to the building and real property to be used in the operation of the charter school, by the charter school founders and the board of directors of the proposed charter school. If the building and real property to be used in operation of the charter school are not known at the time of application, disclosures pertaining to those interests shall be made once the building and real property to be used in operation of the charter school become known. In addition, the board of directors of the charter school shall have a continuing duty to disclose such interests to the approving authority pursuant to this chapter during the terms of any charter. The charter school and the Department shall promptly disclose the information required by this subsection to any member of the public upon request. (r) (1) Charter school board members and founders shall complete the criminal background checks in the same manner as persons seeking employment with a public school under § 309 of Title 31. In addition, the authorizer shall complete a check of the Child Protection Registry established by § 921 of Title 16 for charter school founders and board members. The results of the background and Child Page 71 Title 14 - Education Protection Registry checks must be provided to the authorizer for review as part of the application process and on an ongoing basis if new board members are seated or current board members are convicted of a crime or placed on the Child Protection Registry. Any person convicted of a felony offense or of any crime against a child in this State or any other jurisdiction is not permitted to serve as a founder or member of a charter school board of directors. An individual may not serve as a charter school founder or board member if the individual would not be permitted to be employed in a public school under § 309 of Title 31 regarding the Child Protection Registry. Other crimes may be considered disqualifying, in the discretion of the authorizer. The State Bureau of Identification may release any subsequent criminal history to the authorizer, in addition to the board of the charter under § 309 of Title 31. (2) If a charter school board member is charged with a crime that would disqualify the individual under paragraph (r)(1) of this section, the board member must inform the other members of the charter school board of the charges and is automatically suspended until 1 of the following occur: a. The charter school board member resigns. b. The suspended charter school board member’s term expires. c. The charges are resolved in favor of the charter school board member. d. The charter school board member is convicted or pleads guilty or nolo contendere to a disqualifying crime and is removed from the charter school board under paragraph (r)(1) of this section. (3) If a charter school board member is charged with a crime that would disqualify the individual under paragraph (r)(1) of this section, the charter school must provide all of the following to the authorizer: a. The name of the charter school board member. b. The charges against the charter school board member and the date the charges were filed. c. The status of the charter school board member under paragraph (r)(2) of this section. (s) The founder or board member shall be provided with a copy of all information forwarded to the authorizer pursuant to subsection (r) of this section. Information obtained under subsection (r) of this section is confidential and may only be disclosed to the chief officer and 1 additional person in each authorizing body. (t) Costs associated with obtaining criminal history information and child protection registry checks shall be paid by the applicant. (70 Del. Laws, c. 179, § 2; 70 Del. Laws, c. 425, § 346; 71 Del. Laws, c. 132, §§ 357-359, 371, 372; 71 Del. Laws, c. 180, § 28; 72 Del. Laws, c. 118, § 3; 72 Del. Laws, c. 473, § 1; 73 Del. Laws, c. 164, §§ 11-14; 73 Del. Laws, c. 313, §§ 1, 8; 74 Del. Laws, c. 360, §§ 2, 3, 6; 75 Del. Laws, c. 112, § 1; 76 Del. Laws, c. 79, § 140; 76 Del. Laws, c. 280, § 395; 78 Del. Laws, c. 187, §§ 4-7; 79 Del. Laws, c. 51, § 5; 79 Del. Laws, c. 268, § 1; 79 Del. Laws, c. 321, § 1; 80 Del. Laws, c. 17, § 1; 80 Del. Laws, c. 154, § 2; 81 Del. Laws, c. 79, § 17; 83 Del. Laws, c. 187, § 3.) § 512. Approval criteria. Subject to the process prescribed in § 511 of this title, charter school applications shall be in the form established by the approving authority and shall be approved if, after the exercise of due diligence and good faith, the approving authority finds that the proposed charter demonstrates that: (1) The individuals and entities submitting the application are experienced and qualified to start and operate a charter school, and to implement the school’s proposed educational program. Certified teachers, parents and members of the community in which the school is to be located must be involved in the development of the proposed charter school. At the time at which the school commences its instructional program and at all times thereafter, the board of directors must include a teacher from at least 1 of the charter schools operated by the board and at least 1 parent of a student enrolled in a charter school operated by the board; (2) The chosen form of organization, identified in the articles of incorporation and by-laws, or the membership agreement, conforms with the Delaware General Corporation Law; (3) The mission statement, goals and educational objectives are consistent with the description of legislative intent set forth in § 501 of this title and the restrictions on charter school operations set forth in § 506 in this title; (4) The school has set goals for student performance and will utilize satisfactory indicators to determine whether its students meet or exceed such goals and the academic standards set by the State. The indicators shall include the assessments required for students in other public schools, although the charter school may adopt additional performance standards or assessment requirements, and shall include timelines for the achievement of student performance goals and the assessment of such performance; (5) The school proposes a satisfactory plan for evaluating student performance and procedures for taking corrective action in the event that student performance at the charter school falls below such standards which are reasonably likely to succeed; (6) The school’s educational program, including curriculum and instructional strategies, has the potential to improve student performance; and must be aligned to meet the Delaware Content Standards and state program requirements, and in the case of a charter high school, state graduation requirements. High school programs must provide driver education. The educational program at all charter schools must include the provision by the school of extra instructional time for at-risk students, summer school and other services required to be provided by school districts pursuant to the provisions of § 153 of this title. A previously approved charter school may continue to operate in compliance with the terms of its current approval, but its charter shall not be renewed unless the school shall submit an application for renewal in full compliance with the requirements of this subsection; Page 72 Title 14 - Education (7) The school’s educational program sets forth appropriate strategies to be employed to accommodate the needs of at-risk students and those needing special education services; (8) The plan for the school is economically viable, based on a review of the school’s proposed budget of projected revenues and expenditures for the first 3 years, the plan for starting the school, and the major contracts planned for equipment and services, leases, improvements, purchases of real property and insurance, and enrollment of no less than 200 students at full enrollment and no less than 100 students during the first 2 years of operation or for a school with an enrollment preference to primarily serve special needs students; (9) The school’s financial and administrative operations meet or exceed the same standards, procedures and requirements as a school district. If a charter school proposes to operate outside the State’s pension and/or benefits systems, a specific memorandum of understanding shall be developed and executed by the charter school, the approving authority, the Director of the Office of Management and Budget, the Controller General and the Secretary of Finance to assure that the State’s fiduciary duties and interests in the proper use of appropriated funds and as a benefits and pension trustee are fulfilled and protected, the State’s financial reporting requirements are satisfied, and the interests of charter school employees are protected. All charter schools shall operate within the State’s official financial management system and be subject to all of the same policies and procedures which govern other agencies operating within such system; (10) The assessment of the school’s potential legal liability, and the types and limits of insurance coverage the school plans to obtain, are adequate; (11) The procedures the school plans to follow to discipline students and ensure its students’ adherence to school attendance requirements comply with state and federal law; (12) The procedures the school plans to follow to assure the health and safety of students, employees and guests of the school while they are on school property are adequate and that the charter school will comply with applicable provisions of local, state and federal law, including the provisions of Chapter 85 of Title 11; (13) The school shall have a satisfactory plan for timely transferring student data and records to the Department of Education; (14) The school’s board of directors shall annually certify to the Department, on a form to be provided by the Department, that prior to the payment of any fees or other sums to any management company employed by the board, the board will insure that sufficient revenues of the school are devoted to adequately support the school’s proposed educational program. Such form of certification may require documentation of all actual or proposed expenditures by the school. Failure to provide sufficient funds to adequately support the school’s proposed education program shall be grounds for revocation of the school’s charter; (15) The school shall have a satisfactory plan to ensure the effectiveness of its board of trustees, including governance trainings conducted for any new board members and at a minimum of once every 3 years; and (16) The school shall have a satisfactory plan for procedures it will follow in the case of the closure or dissolution of the school, including a plan to set aside sufficient funds to cover the salaries owed to those employees who are paid over a 12-month period. For a new applicant granted under this chapter, the application shall include a reasonable plan to establish sufficient available balances pursuant to § 516(1) of this title. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 29; 71 Del. Laws, c. 354, § 386; 73 Del. Laws, c. 164, §§ 15-21; 73 Del. Laws, c. 313, §§ 9, 10; 75 Del. Laws, c. 88, § 21(7); 78 Del. Laws, c. 187, § 8; 79 Del. Laws, c. 51, § 6; 79 Del. Laws, c. 321, § 1.) § 513. Reporting and oversight. (a) On or before January 15, each charter school shall produce an annual report for the school year ending the previous June, which shall include all of the following: (1) An explanation of the school’s progress in meeting overall student performance goals and standards. (2) An explanation of the innovation occurring at the charter school, including but not limited to the areas of curriculum development, instruction, student culture and discipline, community and parental involvement, teacher and staff development, school operations and management, and extracurricular and after-school programming. (3) A copy of the school’s annual financial audit report, as required under subsection (d) of this section, and a copy of the school’s standardized financial report setting forth by appropriate categories the school’s revenues and expenditures and assets and liabilities. (4) In the case of a single gender school, an explanation of the efforts made by the school to further advance its students’ education and a quantitative analysis of its efforts and results in recruiting and retaining economically-disadvantaged students, regardless of race. (b) Notwithstanding subsection (a) of this section, each charter school seeking renewal of its charter shall produce the annual report described in subsection (a) of this section on or before October 1 of the final year of its current charter term. The approving authority may, in its discretion and for good cause shown, elect to accept an annual report submitted subsequent to this deadline. (c) To ensure that annual reports under this section provide parents and approving authorities with clear and comparable information about the performance of charter schools, the Department of Education shall prescribe a uniform format for such reports, and the standardized financial report required to be included in such reports, which may be supplemented by requirements set by the approving authority for schools it has chartered. (d) (1) Unless subject to an audit by the Auditor of Accounts under paragraph (d)(2) of this section, the board of directors of each charter school shall contract to have an audit of the business and financial transactions, records, and accounts after July 1 for the prior Page 73 Title 14 - Education fiscal year. The results of the audit shall be shared by October 1 with the Department of Education, the Auditor of Accounts, the Division of Accounting, and the citizen budget oversight committee established under § 1508 of this title. (2) The Auditor of Accounts shall conduct or contract for an audit of the charter school’s business and financial transactions, records, and accounts after July 1 for the prior fiscal year in the event the charter school has any of the following: a. A financial audit opinion with any of the following in any of the prior fiscal years under the current charter term: 1. Material exceptions. 2. A going concern disclosure in the notes or in an explanatory paragraph related thereto. 3. A finding of material weakness on either internal control or compliance. For purposes of this paragraph, “material weakness” means a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the company’s annual or interim financial statements will not be prevented or detected on a timely basis. b. Has failed to maintain a current status with Internal Revenue Service Form 990 filings, if said filings are required of that charter school. c. Has existed for a total of fewer than 5 years under its current and prior charter terms. (3) If, however, a financial audit opinion of paragraph (d)(2)a. of this section is not the required annual audit and is, instead, performed at the request of the board of directors of its own volition and then provided to the Auditor of Accounts, then that financial audit opinion shall not form the basis for the Auditor of Accounts conducting or contracting the audit under paragraph (d)(2) of this section. (e) The contract required by paragraph (d)(1) of this section must be publicly bid no less than every 5 years and must provide for all of the following: (1) That the auditor shall, at all times during the term of the contract, hold a valid certified public accountant permit to practice license in Delaware. (2) That the auditor shall be peer-reviewed by the American Institute of Certified Public Accountants (AICPA) at least every 3 years, and the most recent review shall have been completed with an unqualified opinion. (3) That the audit shall meet the requirements and standards of generally-accepted government auditing standards. (4) That the audit required by subsection (d) of this section shall include any additional specific audit procedures which have been established in advance by the charter school or the State Auditor, or both, and which apply to the specific charter school or which the State Auditor has established for all school districts and charter schools. (f) A charter school shall display on its website the annual report including financial statement and audit required by this subsection. A charter school shall also display on its website all standardized financial report forms for the current fiscal year and the final monthly standardized financial report forms for the 5 prior fiscal years of operation. Charter schools that are required to file Internal Revenue Service Form 990 shall post the current and prior year Form 990 on the website as well. (g) The annual report shall be submitted to the approving authority, the Department and the State Board. Employees of the school and parents of students attending the school shall receive a copy free of charge, upon request. The reports shall be public records pursuant to Chapter 100 of Title 29. (h) The Department of Education, the State Board, and the approving authority may conduct financial, programmatic, or compliance reviews of a charter school. In cooperation with the Department, the approving authority shall conduct such reviews no less often than every 3 years. (i) The Department of Education shall notify the superintendents of all reorganized and vocational-technical school districts of receipt of new charter school applications within 30 days of the close of the application deadline. The Department of Education shall also notify the superintendent of a reorganized school district of any applications for a major charter modification submitted by a charter school with a facility located within their district. (j) Local school boards shall notify the superintendents of all reorganized and vocational-technical school districts of receipt of new charter school applications within 30 days of the close of the application deadline. (k) Audit or formal investigation findings that funds have been expended in a manner that is not consistent with Delaware Code, Administrative Code and/or the State Budget and Accounting Manual shall be promptly reported to the charter school’s authorizer, the Director of the Office of Management and Budget, the Controller General and the Secretary of Education. Upon review and determination as to the status of the questioned expenditure, the Board of the Charter School and the Department of Education shall develop and certify a written repayment plan. The charter school shall repay funds through local, discretionary funds. State and federal funds may not be used to make repayment. If the charter school is unable to make repayment through available funds, the Department of Education is authorized to withhold an equivalent amount from any state or federal funds owed to the charter school, as applicable. Repayment required by this section shall be transacted during the fiscal year in which the discrepancy is discovered, unless the Department of Education finds that the potential impact on the affected charter school is such that satisfying the obligation in part or in its entirety should be deferred until the next ensuing fiscal year. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 30; 73 Del. Laws, c. 313, §§ 4, 12; 78 Del. Laws, c. 187, § 9; 79 Del. Laws, c. 51, § 7; 79 Del. Laws, c. 128, § 2; 79 Del. Laws, c. 321, § 1; 80 Del. Laws, c. 397, § 2; 83 Del. Laws, c. 325, §§ 379, 382.) Page 74 Title 14 - Education § 514. State reports on the charter school program. Annually, the Department shall prepare a report for the Governor, the General Assembly, and the State Board of Education on the success or failure of charter schools and propose changes in state law necessary to improve or change the charter school program. Such report shall contain a section comparing the per student expenditures of charter schools, considering all sources of such expenditures, with those of other public schools. Such report shall also contain: (1) The Secretary of Education’s analysis of, recommendations relating to, and proposed changes relating to Delaware education laws, in light of the content of annual reports submitted pursuant to § 513 of this title; and (2) The Secretary’s assessment of specific opportunities and barriers relating to the implementation of charter schools’ innovations in the broader Delaware public education school system. (70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 31; 79 Del. Laws, c. 128, § 2.) § 514A. Renewals and nonrenewals. (a) Four years after a charter school has commenced its instructional program pursuant to this chapter and not later than every 5 years thereafter, the approving authority shall, upon notice to the charter school, review the performance of the charter school to determine its compliance with its charter and its satisfaction of the criteria set forth in this title for the purposes of renewal or nonrenewal. (b) A charter school may be renewed for successive 5-year terms of duration. An approving authority may grant renewal with specific conditions for necessary improvements to a charter school. Where a charter school has demonstrated an outstanding record of performance, an approving authority may grant it a renewal term of 10 years. Any charter school receiving such an extended renewal term shall, at the midpoint of the 10-year charter, be subject to an annual performance and program evaluation that includes academic, financial and operations data that looks back to all of the years of the charter up to that point. If, upon this evaluation, the approving authority determines that the charter school’s level of performance is deficient by renewal standards, the approving authority may initiate the formal renewal and nonrenewal process set forth below. (c) No later than April 30, the approving authority shall issue a charter school renewal report and charter renewal application guidance to any charter school whose charter will expire the following year. The renewal report shall summarize the charter school’s performance record to date, based on the data required by 79 Del. Laws, c. 51 and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the approving authority concerning the charter school that may jeopardize its position in seeking renewal if not timely rectified. The charter school shall have 10 working days to respond to the renewal report and submit any corrections or clarifications for the report. (d) The renewal process shall, at a minimum, provide an opportunity for the charter school to: (1) Present additional evidence, beyond the data contained in the renewal report, supporting its case for charter renewal; (2) Describe improvements undertaken or planned for the school; and (3) Detail the school’s plans for the next charter term. (e) The renewal application guidance shall include the criteria that will guide the approving authority’s renewal decisions. Renewal determinations by the Department of Education shall be based on its performance framework, the terms set forth in the Charter Contract, and shall take account of the school’s performance agreement with the approving authority, consistent with 14 DE Admin. Code 275, and with 79 Del. Laws, c. 51. Other approving authorities may choose to adopt the criteria utilized by the Department of Education. Each approving authority shall develop a rubric based on its criteria for evaluating renewal applications and shall provide this rubric to applicants as part of the renewal application guidance. The approving authority shall publish the renewal application guidance on its website and make it available in written form upon request. (f) No later than September 30, the governing board of a charter school seeking renewal shall submit a renewal application to the approving authority pursuant to the renewal application guidance issued by the approving authority. The approving authority shall decide upon the renewal application no later than 60 working days after the filing of the renewal application. (g) In making charter renewal decisions, every approving authority shall: (1) Ground its decisions in evidence of the school’s performance over the term of the charter contract in accordance with the performance agreement set forth in the charter contract; (2) Ensure that data used in making renewal decisions are available to the school and the public; and (3) Provide a public report summarizing the evidence basis for each decision. (79 Del. Laws, c. 51, § 8; 79 Del. Laws, c. 321, § 1.) § 515. Oversight and revocation process. (a) The approving authority shall be responsible for oversight of the charter schools it approves. (b) In addition to the review required by § 514A(a) of this title, the approving authority may notify a charter school of potential violations of its charter and submit the charter to formal review to determine whether the charter school is violating the terms of its charter and whether to order remedial measures pursuant to subsection (f) of this section. Page 75 Title 14 - Education (c) The approving authority shall issue its decision within 60 working days of giving the charter school notice. An accountability committee appointed by the approving authority shall conduct the initial review pursuant to subsection (b) of this section. The accountability committee’s reports to the approving authority shall address the relevant criteria set forth in §§ 512 and 516 of this title. The committee shall meet with the applicant in the course of its investigation and provide the applicant the opportunity to review and comment on the committee’s initial report 15 days before it is issued to the approving authority. The committee’s final report shall be provided to the applicant, the approving authority, and made available to the public. (d) If the accountability committee’s report presents probable grounds for remedial measures, the approving authority shall hold public hearings to assist in its decision whether the criteria set forth for remedial action in § 516 of this title have been satisfied, after giving the charter school 15 days’ notice. The school shall be given the opportunity to respond to the accountability committee’s final report at the hearing. Members of the public shall be given the opportunity to comment at the hearing. (e) If the accountability committee’s report asserts that the school has complied with its charter and the criteria set forth in § 512 of this title, the approving authority shall approve or disapprove the final report’s conclusion at a public meeting after giving the charter school 15 days’ notice. If the approving authority disapproves the report, it shall identify the reasons for that decision with particularity. Thereafter, the approving authority shall hold a hearing, within 30 days, to assist in its decision of the appropriate remedy pursuant to subsection (f) of this section. (f) If the approving authority determines that the criteria for remedial action set forth in § 516 of this title have been satisfied, it may revoke the charter and manage the school directly until alternative arrangements can be made for students at the school or place the school on a probationary status subject to terms determined by the approving authority which are directly relevant to the violation or violations. (g) If a local school district which is an approving authority decides to revoke the school’s charter or place the school on probationary status, the applicant may file for arbitration in writing with the American Arbitration Association in Philadelphia within 20 days of the local board’s decision stating the reasons why it believes the local board decision was in error. A copy of said filing shall be provided simultaneously with the approving authority. The parties shall select an arbitrator in accordance with the American Arbitration Association’s procedure for voluntary labor disputes, provided, however, that such arbitration shall occur in this State. The arbitrator’s fees and costs shall be borne equally by the parties. The arbitrator shall convene a hearing and determine whether the local board’s decision was in error. The arbitrator shall have 30 days to render a decision following the close of the hearing. The arbitrator’s decision shall be final and binding upon the parties. (h) If the approving authority is the Department and it decides to revoke the school’s charter or place the school on probationary status, its decision shall be final and not subject to arbitration or judicial review. (i) Prior to any charter school closure decision, an approving authority shall have developed and shall utilize a charter school closure protocol to ensure timely notification to parents and employees, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of 79 Del. Laws, c. 51 and other applicable laws. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the approving authority. In the event of a charter school closure for any reason, the approving authority shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students, parents and employees, as guided by the closure protocol. (j) In the event of a charter school closure for any reason, all cash and cash equivalents held by or available to the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to the remaining creditors of the school. Remaining State General Fund appropriations for that school year shall be returned to each district in an amount proportionate to the number of students received by each district. Additional remaining State General Fund appropriations shall be returned to the general revenue fund through the State Treasury. Remaining funds received from local school districts shall be returned to each of the districts in an amount proportionate to the number of students from each district. Any remaining funds and assets will be managed by the charter, as appropriate. In the event that a charter school files for bankruptcy, the distribution of all assets will be managed by the Bankruptcy Court or otherwise in accordance with bankruptcy laws. Nothing herein shall be construed in any way to impair or preempt a lien or security interest on any asset owned by a charter school or to prevent the school from paying the costs required to close or dissolve. (k) In the event that all state and local funds due to a charter school are paid timely as required by § 509 of this title, a charter school authorized to operate in the State must by December 31 of that fiscal year maintain an available balance sufficient to pay the minimum costs necessary to provide students with the minimum annual instructional hours required by the Department of Education during the remainder of that fiscal year as reasonably projected by the charter school. Such costs include, but are not limited to, all employee compensation required to attain the minimum annual instructional hours during the remainder of that fiscal year. Such costs also include all fixed and variable nonpayroll expenditures incurred through the final month of that school year. A school’s failure to maintain sufficient available funds by December 31 of its third year of operation shall be deemed a material violation of its charter. (70 Del. Laws, c. 179, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 31; 73 Del. Laws, c. 164, §§ 22, 26; 74 Del. Laws, c. 360, § 4; 79 Del. Laws, c. 51, § 9; 79 Del. Laws, c. 321, § 1.) § 516. Revocation criteria. Approved charters shall be subject to revocation or probation, after the exercise of due diligence and good faith, only for the following reasons: Page 76 Title 14 - Education (1) The school, or its representatives, has committed a material fraud on the approving authority or misappropriated federal, state or local funds; or (2) The school fails to comply with its charter or to satisfy, in its operation of the school, the criteria set forth in § 512 of this title. (70 Del. Laws, c. 179, § 2.) § 517. Charter transfer to different authorizer. Transfer of a charter, and of oversight of that public charter school, from 1 authorizer to another before the expiration of the charter term shall require a petition by the public charter school or its authorizer to the new authorizer. A petition to transfer is considered a major modification and will follow the same timelines and hearing process as a major modification. (78 Del. Laws, c. 187, § 10.) § 518. Oversight and revocation for multiple charter holders. For purposes of §§ 515 and 516 of this title, each charter held by a common board of directors shall be treated separately and individually. (78 Del. Laws, c. 187, § 11.) Page 77 Title 14 - Education Part I Free Public Schools Chapter 6 Tuition Charges § 601. Definitions. For the purpose of this chapter the following terms shall have the following meanings: (1) “Receiving district” shall mean any reorganized school district which enrolls in its schools any pupil who is not a resident of such “receiving district.” (2) “Residence”. — A pupil shall be considered a resident of the reorganized school district based on meeting the residency qualifications established by § 202 of this title. (3) “Sending district” shall mean any reorganized school district which sends to the schools of a “receiving district” any pupil who is not a resident of such “receiving district.” (14 Del. C. 1953, § 601; 52 Del. Laws, c. 134, § 1; 57 Del. Laws, c. 113; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 299, § 3; 78 Del. Laws, c. 5, § 4.) § 602. Method of computation and payment of tuition charges for nonresident pupils. (a) Except in the cases provided for in § 603(c) of this title, no pupil shall be transferred from 1 school district to another school district without the written approval of the school board of both the sending and receiving districts. A reorganized school district receiving any pupil who is a resident of another reorganized school district shall collect a tuition charge for the nonresident pupil; provided however, that the tuition charge may be waived if such waiver is granted by the board of education of both the sending and receiving districts. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax which shall be levied for this specific purpose. (b) In determining the tuition to be charged, the receiving district shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the authorized program and grades and attending all public schools in the receiving district as of September 30 of the current school year. The cost for the current year may be estimated cost and shall include an amount, added or subtracted from the estimate, which amount will represent the difference between the estimated and the actual costs of the tuition charges for the same purpose in the previous year. The resulting figure shall represent the amount of tuition charge per pupil in the current year. In Fiscal Year 1970 or later, the receiving district may include tuition charges for the previous year and the current year. (c) The bill for tuition charges shall be verified by the Secretary of Education within 20 days after receipt of such bill. No bill for tuition charges shall be paid until such time as it has been certified by the Secretary of Education as being true and correct. (d) For each pupil attending a public school of another district as of September 30, the receiving district shall bill the sending district and the sending district shall pay the tuition charges per pupil on or before January 1 of the fiscal year in which the bill is submitted to the sending district for payment. In the case of pupils attending the public schools of the receiving district for less than a full term, the tuition charge shall be prorated by reference to the period of time during which such pupils actually attended the receiving district’s schools, provided that attendance for part of any month shall be counted as a full month of attendance. (e) Any reorganized school district sending pupils to the schools of another district shall levy and collect a tax to pay any tuition charges to the receiving district, and such tuition shall be collected by local taxation within the sending district according to the provisions of taxation as set forth in Chapter 19 of this title, except that no referendum shall be required. The sending district shall estimate the amount of, determine the rate for and levy the tax upon the estimate at the time that regular tax levies are announced to the appropriate taxing authorities, and the levy shall be adjusted annually to correct errors in the estimate as provided for in subsection (b) of this section. (14 Del. C. 1953, § 602; 52 Del. Laws, c. 134, § 1; 54 Del. Laws, c. 164; 54 Del. Laws, c. 392; 57 Del. Laws, c. 113; 57 Del. Laws, c. 206, §§ 1-3; 60 Del. Laws, c. 486, § 1; 67 Del. Laws, c. 47, § 236; 67 Del. Laws, c. 233, § 1; 71 Del. Laws, c. 180, § 32; 72 Del. Laws, c. 395, §§ 374, 375.) § 603. Exceptions and claims. (a) This chapter shall not apply when the payment or acceptance of such tuition charge is contrary to any educational program involving the use of federal matching funds which prohibits the payment or acceptance of such tuition. (b) Section 602(a) and (b) of this title shall not apply to children with disabilities as defined in Chapter 31 of this title. Such children shall be subject to § 604(a) and (b) of this title. (c) When a student has transferred to a new district pursuant to the voluntary transfer provisions, the sending district shall immediately upon request of the receiving district transfer the student’s records to the receiving district. (14 Del. C. 1953, § 603; 52 Del. Laws, c. 134, § 1; 53 Del. Laws, c. 95; 53 Del. Laws, c. 142, § 3; 53 Del. Laws, c. 433; 57 Del. Laws, c. 113; 60 Del. Laws, c. 486, § 2; 61 Del. Laws, c. 32, § 6; 61 Del. Laws, c. 260, §§ 5, 6; 71 Del. Laws, c. 180, § 33; 78 Del. Laws, c. 5, § 5.) Page 78 Title 14 - Education § 604. Special programs. (a) If any pupil is counted in the preschool, intensive or complex unit and attends school in a program operated by a district other than that in which the pupil resides, by an agency of the Department of Education or is in an approved private placement pursuant to § 3124 of this title, the receiving district or the Department of Education shall collect a tuition charge for the nonresident pupil, provided approval for attendance has been granted by the sending district. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax levied for this specific purpose, except that in the case of a district assigned by the Department with the approval of the State Board of Education to administer a school or program for children with disabilities, or special programs approved by the Department of Education for persons without disabilities such as programs for bilingual students or programs for pregnant students, the district so assigned shall be both the sending and receiving district in regard to that school or program and is authorized to collect tuition charges accordingly. (b) In determining the tuition to be charged for a pupil counted in the preschool, intensive or complex units or for a person without disabilities attending approved special programs, such as bilingual programs or programs for pregnant students operated by a district other than that in which the student resides or by an agency of the State Department of Education, the receiving district or the State Department of Education shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by the Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the special program as of September 30 of the current school year. The resulting figure shall represent the amount of the “tuition charge” per pupil. (c) In determining the tuition charged to the sending district in the case of private placement for children with disabilities, tuition will be defined as in § 3124 of this title and the sending district will be charged 30 percent of the total tuition cost. The remaining 70 percent will be covered through funding provided by the State Department of Education from the annual appropriation for this purpose. (d) Section 602(c)-(e) of this title shall apply to this section. (14 Del. C. 1953, § 604; 53 Del. Laws, c. 142, § 4; 57 Del. Laws, c. 113; 57 Del. Laws, c. 206, § 4; 62 Del. Laws, c. 191, § 1; 68 Del. Laws, c. 84, § 219; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 34-36; 72 Del. Laws, 1st Sp. Sess., c. 257, § 1; 72 Del. Laws, c. 395, §§ 373, 376, 377; 73 Del. Laws, c. 312, §§ 301, 302; 73 Del. Laws, c. 321, §§ 6, 7; 78 Del. Laws, c. 5, §§ 6-10.) § 605. Inmates of children’s homes or institutions. (a) The school board of any reorganized school district in which there is located any orphans’ home, home for the friendless, children’s home, other institutions for the care of orphans or other children or any institution to which children are assigned by any court for any reason, may at the discretion of such board permit any children who are inmates of such homes or institutions but not legal residents in such district to attend the public schools in said district; and the district of residence shall be liable for the tuition of such pupils. (b) If a charge is made by any reorganized school district for tuition for the inmates of any homes or institutions who are in attendance in such district’s schools, the officers of the homes or institutions shall submit to the school board a sworn statement setting forth the names, ages and school district liable for tuition of all children who desire to attend public schools in the district, and who are inmates thereof as of September 30 of each year, together with a blank acknowledging or disclaiming residence signed by the secretary of the reorganized school district in which the home or institution declares the legal residence of the children to be. If the sending district does not return the said blank with an acknowledgment or disclaimer within 30 days from the time it was mailed, the Secretary of Education shall withhold from Division III entitlement the tuition for such inmates from the district of residence upon receipt of a sworn statement setting forth the names, ages, tuition charges and district of legal residence, such sworn statement to be furnished by the receiving district. (14 Del. C. 1953, § 605; 58 Del. Laws, c. 33; 71 Del. Laws, c. 180, § 37.) § 606. Out-of-state students. A child with a disability who is a resident of a state or country other than Delaware or the United States of America may be accepted, at the discretion of the receiving district, to attend a Delaware school under the following restrictions: (1) Children with disabilities, only, as defined in § 3101 of this title, or for whom units are specified in § 1703 of this title, may be accepted for admission to a district to receive special education and related services after the receipt of certification from the Secretary of Education that provisions have been made for all eligible state students; (2) Full tuition costs as determined annually by the Secretary of Education shall be paid in advance by semester by the out-ofstate or out-of-country school district, state or national agency or parent. The tuition cost shall reflect all state, local district and federal expenditures for the education of children with disabilities counted in preschool, intensive or complex units, excluding pupil transportation costs which shall not be the responsibility of the receiving Delaware school district or the State. State costs shall be reimbursed to the General Fund of the State and local district costs shall be retained by the receiving district. (60 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 180, § 37; 78 Del. Laws, c. 5, §§ 11-13.) § 607. Children of district employees who reside out-of-state. (a) Out-of-State children whose parent or legal guardian is employed on a full-time basis by any reorganized school district may attend school in the district where the parent or guardian is employed during the period of the parent or guardian’s employment upon written approval of the receiving district and payment of tuition if charged by the district. Such children may not be included in the annual unit count for state funding purposes. Page 79 Title 14 - Education (b) Tuition charges, if imposed, shall be computed and certified by the Secretary of Education in accordance with § 602(b) and (c) of this title. (70 Del. Laws, c. 118, § 320; 71 Del. Laws, c. 180, § 37.) § 608. Applicability of chapter. The provisions of this chapter shall not apply to any transfers, re-assignments, or enrollment changes made with respect to any student under the provisions of Chapter 4 of this title, nor to any transfers, re-assignments, or enrollment changes made with respect to any vocational-technical centers or schools established pursuant to § 205 of this title. (70 Del. Laws, c. 180, § 2.) Page 80 Title 14 - Education Part I Free Public Schools Chapter 7 Lawful Authority of Teachers Over Pupils § 701. Authority of teachers and administrators to control the disruptive behavior of students. (a) As used in this chapter: (1) “Department” means the Department of Education. (2) “Disruptive behavior” means conduct that is so unruly, disruptive, or abusive that it seriously interferes with a school teacher’s or school administrator’s ability to communicate with the students in a classroom, with a student’s ability to learn, or with the operation of a school or a school-sponsored activity. (3) “Racial subgroup” means the racial and ethnic subgroups of students as defined under the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended, which includes African American or Black, American Indian or Alaska Native, Asian American, Native Hawaiian or other Pacific Islander, Hispanic or Latino, White or Caucasian, and Multi-Racial. (4) “School” means a traditional public school, vocational technical school, or charter school. (5) “Subgroup” means as subgroup is defined under the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended, which includes racial subgroups, economically disadvantaged students, children with disabilities, and English learners. (b) While a student is entrusted in their care or supervision, public school teachers, and administrators have the same authority to control the behavior of the student and to discipline or punish the student as a parent, custodian, guardian, or other person similarly responsible for the care and supervision of the student except as provided in §§ 702 and 4112F of this title. The authority includes removing a student from a classroom or school-sponsored activity. (c) When a teacher removes a student from a classroom or school-sponsored activity in an effort to control the student’s disruptive behavior, an on-site school administrator may, upon a written showing of good cause, override the teacher’s decision to remove the student from the classroom or school-sponsored activity. Before overriding a teacher’s decision, the administrator shall strongly presume that the teacher’s decision to remove the student was reasonable and necessary under the circumstances. (d) When a student is removed from a classroom or school-sponsored activity or is disciplined or punished pursuant to this section, the principal or the principal’s designee shall afford the student appropriate due process as required by the federal and State constitutions. (e) When a student is removed from a classroom or school-sponsored activity, the principal or the principal’s designee and the removing teacher shall determine if and when a student may be readmitted to the classroom or school-sponsored activity. If the teacher and principal or principal’s designee cannot agree, the superintendent or the superintendent’s designee shall make the determination. (f) When a teacher or school administrator removes a student from a classroom or school-sponsored activity or disciplines or punishes a student, a rebuttable presumption exists that the teacher or administrator acted reasonably, in good faith, and in accordance with State or local board of education policy. The burden of overcoming the presumption shall be upon the student. (g) Each local board of education shall establish, adopt, publish, and distribute to students in the district and their parents or guardians policy or standards that are consistent with the regulations developed under § 122(b)(26) of this title and include all of the following: (1) Specify the general circumstances under which a student may be removed from a classroom or school-sponsored activity, consistent with a teacher’s and administrator’s ultimate authority to determine disruptive behavior and to remove a student from a classroom or school-sponsored activity. (2) Provide an explanation or examples of “disruptive behavior” set forth in paragraph (a)(2) of this section. (h) A district shall not establish or adopt a policy or standards that prohibit the removal of a student from a classroom or schoolsponsored activity. (i) No teacher who purports to have acted pursuant to the teacher’s rights established by this chapter shall be found liable for civil damages arising from that action unless that teacher’s conduct shocks the conscience. (14 Del. C. 1953, § 701; 57 Del. Laws, c. 383; 60 Del. Laws, c. 662, § 1; 72 Del. Laws, c. 236, § 1; 73 Del. Laws, c. 75, § 1; 74 Del. Laws, c. 17, §§ 1-3; 75 Del. Laws, c. 158, § 1; 79 Del. Laws, c. 54, § 1; 81 Del. Laws, c. 324, § 1.) § 702. Corporal punishment. (a) “Corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment” includes, but is not limited to, paddling and slapping, when used as a means of discipline. (b) No public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment. (c) Subsection (b) of this section does not prohibit a public school teacher, administrator, official employee or agent of a school board from: Page 81 Title 14 - Education (1) Using reasonable and necessary force to quell a disturbance, including but not limited to a physical altercation, or prevent an act that threatens imminent bodily harm to any person; (2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a student’s control; (3) Using reasonable and necessary force for the purpose of self-defense or the defense of others under §§ 464 and 465 of Title 11; (4) Using reasonable and necessary force for the protection of property under § 466 of Title 11; (5) Using reasonable and necessary force to prevent a student from imminently inflicting bodily harm on that student’s own self; (6) Using reasonable and necessary force to protect the bodily safety of others; or (7) Using incidental or minor physical contact necessary to maintain order and control. (d) In determining whether or not a person was acting within the exceptions in subsection (c) of this section, deference shall be given to reasonable, good faith judgments made by the teacher, administrator, official employee or agent. (e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher, administrator, official employee or agent of the School Board with regard to a person who is not a student enrolled in the school district. (f) For purposes of this section, the term “reasonable and necessary” shall be interpreted in conformity with applicable limitations established by § 4112F of this title. (74 Del. Laws, c. 17, § 4; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 54, § 1.) § 703. Student discipline report; school discipline improvement plan. (a) The Department shall compile and release an annual report on student discipline in all schools as follows: (1) The analysis must be based on data, as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, collected over the 3 most recent consecutive school years. (2) The report must be posted on the Department’s website no later than October 30. (3) The report shall include both statewide totals and individual school data, for each of the school years in the report, on the issuance of out-of-school suspensions, expulsions, alternative school assignments, and in-school suspensions, disaggregated by race, ethnicity, gender, grade level, limited English proficiency, incident type, discipline duration, and if the student is identified as having a disability. (4) The report must identify, for each school year in the report, schools that meet any of the following thresholds: a. Calculations under this subsection should exclude subgroups that contain fewer than 15 students. b. A school with an out-of-school suspension rate for all students or any 1 subgroup that exceeds any of the following: 1. A rate of 20 suspensions per 100 students for the 2018 through 2019 school year. 2. A rate of 15 suspensions per 100 students for the 2019 through 2020 school year and each school year thereafter. c. A school for which the out-of-school suspension gap between the lowest-suspended racial subgroup and the highest suspended racial subgroup, or the suspension gap between students with disabilities and students without disabilities, exceeds any of the following: 1. Twenty percent for the 2018 through 2019 school year. 2. Fifteen percent for the 2019 through 2020 school year. 3. Ten percent for the 2020 through 2021 school year and each school year thereafter. (b) If a school is identified as meeting a threshold under paragraph (a)(4) of this section for 3 consecutive school years, the Department shall notify the school of this status by December 1 and the school must do all of the following: (1) Review its discipline policies, practices, and data. (2) If a school has already implemented restorative justice practices, the school must review the interventions being used to assure research-based quality, scope of training provided, and follow-up support to assure proper implementation. Restorative justice practices program improvements should be made based on this review. (3) Submit a plan to the Department that identifies the strategies the school will implement beginning in the following school year to reduce the use of exclusionary disciplinary practices or disproportionate use of exclusionary disciplinary practices with racial subgroups or students with disabilities, or both. a. The plan may be part of their school improvement plan. b. The plan must be developed with input from students, parents, educators, administrators, and community stakeholders to incorporate strategies to promote fairness and equity in discipline. c. The plan may increase or improve professional development opportunities for educators, administrators, and staff. Components of such professional development may include 1 or more of the following: 1. Restorative practices. 2. Trauma informed care. 3. Implicit bias awareness. Page 82 Title 14 - Education 4. Cultural competency. 5. Classroom management. 6. Other appropriate programming. d. The plan must be approved at either a public local school board meeting or a charter school’s public board of directors meeting. e. The school must submit the plan to the Department and post the plan on the school’s internet website no later than the beginning of the following school year. f. The school shall submit to the Department an annual progress report describing the implementation of the plan and post the progress report on the school’s internet website no later than October 30. The school may cease submitting a progress report when the school does not meet a threshold under paragraph (a)(4) of this section for 3 consecutive years. (c) The Department may promulgate regulations necessary to implement and enforce this section. The Department must consult with school administrators, parents, educators, and other stakeholders in developing regulations under this section. (81 Del. Laws, c. 324, § 2.) Page 83 Title 14 - Education Part I Free Public Schools Chapter 8 School Shared Decision-Making § 801. Definitions. As used in this chapter, (1) “School community” shall mean a community comprised of the stakeholders responsible for providing and structuring a child’s education; specifically, the board of education at the district level, certified and noncertified school employees, parents, community members and, as appropriate, students. (2) “Shared decision-making” shall mean an inclusive, representative decision-making process in which members of the school community at the school and district levels participate as equals. Shared decision-making may occur at all levels of a school system. (3) “Structured conversations and activities” shall mean ongoing opportunities for representatives of the entire school community, as defined herein, to collectively and collaboratively explore and become knowledgeable about the processes, systems and governance structures commonly associated with shared decision-making; to identify the skills, knowledge and attitudes which promote successful shared decision-making; to review the research related to the successes and shortcomings of shared decision-making in educational settings; and to determine the readiness and commitment of the various groups within the school community to proceed with shared decision-making as a means to achieve the goal of improved teaching and student learning and improved school safety and discipline. The use of professional facilitators to conduct such conversations is advisable and the Department of Education and local districts shall collaborate with other educational stakeholder groups to make such facilitators available at reasonable costs to districts and schools for such purposes. (70 Del. Laws, c. 457, § 1; 71 Del. Laws, c. 180, § 38.) § 802. Shared decision-making at the school district level. (a) Each board of education shall initiate with other representatives of the school community initial structured conversations and activities concerning the utilization of shared decision-making by April 1, 1998, using such funds as are appropriated for this specific purpose in the annual appropriations act and as specified under § 807(a) of this title. (b) The local board of education shall facilitate the selection of a district shared decision-making advisory committee (“District Advisory Committee”) through an inclusive process that reflects the diversity within the school community. Representatives of employee groups recognized under Chapter 40 of this title shall be selected by the relevant exclusive representative in a manner of the exclusive representative’s choosing. Employees not organized under Chapter 40 of this title shall select their representatives from the membership of their employee groups. For student (where appropriate), parent and community groups, the local board of education shall coordinate the selection of representatives with organizations for each of these groups where they exist. (c) The structured conversations and activities of the District Advisory Committee shall result in a Report and Recommendation to the local board, through a decision-making process it developed to produce as much agreement as practicable, that: (1) They wish to pursue shared decision-making further by developing a district transition plan to implement shared decision-making as a means of pursuing school improvement in the district, identifying the process they recommend for establishing a district transition plan, and determining the composition and roles and responsibilities of the “District Transition Team” to develop the district transition plan; or (2) They recommend that the district not explore shared decision-making further. (d) Each representative of a stakeholder group who participates in the structured conversations and activities of the District Advisory Committee pursuant to subsection (b) of this section shall sign the Report and Recommendation pursuant to subsection (c) of this section. Each such representative shall also indicate that they have made a good faith effort to communicate with their stakeholder group so as to ensure that the views of the membership of their stakeholder group were reflected in the Report and Recommendation. (e) If the school community agrees to pursue shared decision-making further, the school board shall, after due consideration of the Report and Recommendation of the District Advisory Committee, officially vote to endorse the concept of shared decision-making, the process for establishing a district transition plan, the composition of the District Transition Team (whose membership shall be selected in accordance with the procedures set forth in subsection (b) of this section); and the roles and responsibilities delegated to the District Transition Team. If the board has concerns with a recommendation by the District Advisory Committee, it shall remand that recommendation to the District Advisory Committee for its proposed resolution of the concerns. The resolution shall be presented to and endorsed by the board before the board applies for a district transition planning grant. (f) The Department of Education shall provide local school boards with assistance, guidance and strategies to initiate and plan the implementation of these structured conversations and activities. (70 Del. Laws, c. 457, § 1; 71 Del. Laws, c. 180, § 38.) Page 84 Title 14 - Education § 803. District transition plans and grants. (a) After the local board has endorsed the district transition planning process pursuant to § 802(e) of this title, the board shall initiate the district transition plan by applying for a transition planning grant as authorized in the annual state appropriations act or through the Department of Education’s allocation of federal funds. (b) The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of district transition grants, based upon the recommendations of a State Board advisory committee comprised of representatives of the school community, and shall promulgate such guidelines by January 1, 1997, so that districts may consider them during their activities pursuant to § 802 of this title and this section. The guidelines shall require, but not be limited to specifying, that the district demonstrate that the district has: (1) Conducted structured conversations and activities to make the transition to shared decision-making as evidenced by local board action and the Report and Recommendation of the District Advisory Committee signed by representatives of school community as specified in § 802(d) of this title; (2) Established a District Transition Team; (3) Established a working procedure for the District Transition Team to reach decisions and resolve conflicts; (4) Validated significant support from members of the school community; (5) Established plans for communicating the results of the district transition plan to the broader school community for information and critical review; (6) Specified within its district transition plan its policy for supporting such activities from its local budget, including the school improvement planning process set forth in § 806 of this title, and specifically identified funds to be made available to school committees for their use, such as funds for professional development and classroom materials; and (7) Described how the various stakeholder groups will formally express their opinion regarding the district transition plan prior to its adoption by the local board of education. (c) The Department of Education shall provide local school boards and District Transition Teams with assistance, guidance and strategies to initiate, develop and formally adopt their district transition plans. (d) The local board of education, following public review and comments, shall be responsible for the final form and formal adoption of the district transition plan. (e) A local board’s decision not to adopt a District Transition Plan for shared-decision-making shall not limit the authority of a school principal who demonstrates significant faculty support to submit a waiver request to the local board pursuant to a provision of this title or to develop a school improvement plan; provided, however, that this subsection shall not deprive the local board of its authority to disapprove a waiver request or a school improvement plan pursuant to its authority under § 1049 of this title. (70 Del. Laws, c. 457, § 1; 71 Del. Laws, c. 180, §§ 38-40.) § 804. Shared decision-making at the school level. (a) Any school in a school district which has adopted a district transition plan as specified in § 803(d) of this title shall establish a school-level shared decision-making advisory committee (“School Advisory Committee”). Such school may also submit a written request to the Department of Education, via its local board of education, in order to receive funds to conduct structured conversations and activities among the school community to decide whether or not to apply to the Department of Education for a school-level shared decision-making transition grant as specified in § 807(d) of this title and as provided for in the annual appropriations act. (b) The principal shall facilitate the selection of representatives on the School Advisory Committee through an inclusive process as established in the District Transition Plan that has the goal of ensuring a fair selection process for the representatives of constituencies within the school community such as parents, community members, teachers, administrators, other employees and students (where appropriate) which reflects the diversity within the school community. Such process shall ensure that the members of the various constituencies select their respective representatives. (c) The structured conversations and activities, as defined in this title, shall result in a decision, accompanied by an explanatory report and recommendation, by the School Advisory Committee, through a process it developed to produce as much agreement as practicable, that: (1) They wish to pursue share decision-making further by developing a school transition plan to implement shared decision-making for educational improvement in the school; or (2) They choose not to explore shared decision-making further. (d) If the School Advisory Committee decides to proceed with shared decision-making, the structured conversations and activities shall result in the development of a process to establish a school transition plan, to determine the composition of the “School Transition Team” and to develop the roles and responsibilities delegated to the School Transition Team. The School Transition Team representatives shall be selected through the same process established by subsection (b) of this section for their respective constituency groups. The decision as to these issues shall be reflected in the Report and Recommendation pursuant to subsection (c) of this section or in a supplemental Report and Recommendation, signed in accordance with subsection (e) of this section. Page 85 Title 14 - Education (e) Each representative of a stakeholder group who participates in the structured conversation and activities of the School Advisory Committee pursuant to subsection (b) of this section shall sign the Report and Recommendation pursuant to subsection (c) of this section and any supplemental Report and Recommendation pursuant to subsection (d) of this section. Each such representative shall also indicate that the representative has made a good faith effort to communicate with the representative’s stakeholder group so as to ensure that the views of the membership of the representative’s stakeholder group were reflected in the Report and Recommendation. (f) The Department of Education and the relevant local district administration shall provide schools with assistance, guidance and strategies to initiate and plan the implementation of these structured conversations and activities. (70 Del. Laws, c. 457, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 38, 41.) § 805. School transition plans and grants. (a) A school community which chooses to begin transition to shared decision-making, as defined herein, may apply to the Department of Education via the local board of education for a school transition grant. The State shall provide funding for such grants as authorized in § 807(d) and (e) of this title. (b) The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of school transition grants, based upon the recommendations of an advisory committee comprised of representatives of the school community, and promulgate such guidelines by January 1, 1997. The guidelines shall require, but not be limited to, specifying that the school demonstrates that the school has: (1) Conducted structured conversations and activities and has agreed to make the transition to shared decision-making as evidenced by the Report and Recommendation signed by representatives of the School Advisory Committee as specified in § 804(c)-(e) of this title; (2) Established a School Transition Team; (3) Established a working procedure for the School Transition Team to reach decisions and resolve conflicts; (4) Validated significant support from members of the school community; (5) Committed to develop a school improvement plan including comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these goals and including staff development for building the necessary capacities and skills to successfully implement shared decision-making and improve parental involvement; (6) Established plans for communicating the results of the school improvement plan to the broader school community for information and critical review; and (7) Described how the various stakeholder groups will formally express their opinion regarding the school transition plan prior to its adoption by the local board of education. (c) The Department of Education and the relevant local district administration shall provide school transition teams with assistance, guidance and strategies to initiate, develop and formally adopt their transition plans. (d) The local board of education, following public review and comments, shall adopt the school transition plan unless evidence demonstrates that the school’s transition plan is inconsistent with specific provisions of the adopted district transition plan and such disapproval shall extend only to such inconsistent provisions of the school transition plan. (70 Del. Laws, c. 457, § 1; 71 Del. Laws, c. 180, §§ 38, 42.) § 806. School improvement plans. (a) A school, which has an approved shared decision-making transition plan as specified in § 805 of this title, may apply to the Department of Education for a school improvement implementation grant. Such grants shall be awarded at the beginning of the fiscal year. A school with an approved application shall be eligible for such grant for the following 3 years as provided in the annual Appropriations Act. Subsequent applications may be made only after the review and evaluation of the school improvement plan required by § 808 of this title is completed and the results of such are included in the school’s application. The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of school improvements grants to be awarded beginning Fiscal Year 1999, based upon the recommendations of an advisory committee comprised of representatives of the school community, and promulgate such guidelines by January 1, 1998. The guidelines shall require that the school demonstrate that its school improvement plan has the following components: (1) Comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these and other goals identified by the school, including staff development and parental involvement; (2) A description of the rationale for the proposed governance structure, stating how and why the governance process should improve decision-making and support continuous improvement in teaching and student learning; (3) Review by the broader school community with agreement that the school improvement plan is consistent with the school district plan and evidence that the local board of education has formally adopted the school’s improvement plan; (4) A proposed budget that explains the use of resources allocated to the school to support strategies for achieving the school improvement goals; (5) The structural changes or procedures for providing the necessary time and skill-building to support shared decision-making and continuous improvement in teaching and student learning; Page 86 Title 14 - Education (6) The assessment and evaluation process that the school will use to measure its progress toward achieving its stated goals; (7) A proposed timeline for phasing-in its school improvement plan; and (8) A proposed budget for the use of the school improvement grant. (b) Without limiting the local board’s authority to determine district policy pursuant to § 1049 of this title or to disapprove plans to the extent they are inconsistent with the district transition plan, each school committee may propose in its school improvement plan, policies or suggestions relating to subjects, including but not limited to: Curricular, instructional and assessment strategies to be used at the school; assignment of staff within the school; assignments of students to classes; the school’s calendar; staff development; classroom materials; parental involvement; the need for extra learning time for students through longer days and years and Saturday sessions; the needs of atrisk students; discipline and school climate; teacher orientation and mentoring; and proposed waivers of regulations and district policies. (70 Del. Laws, c. 457, § 1; 71 Del. Laws, c. 180, § 43.) § 807. District and school grants supporting shared decision-making. (a) The amount of appropriations to fund the grants specified in this chapter shall be as determined by the annual Appropriations Act. The Department may allocate available federal funds to fund the grants specified in this chapter. School districts and schools shall not be required to provide a local match to these funds but shall be required in the process established by § 803 of this title to consider and incorporate in their district transition plan the appropriate level of local budget support for such purposes. (b) Each school district shall be entitled to receive a grant to conduct structured conversations and activities and to design a shared decision-making transition plan. This grant may be used over a period set forth in the annual Appropriations Act. Upon written request to the Department of Education on or before April 1, 1998, a district may use and be awarded up to one third of its grant to conduct its required structured conversations and activities. (c) Districts meeting the requirements for approval of a transition grant as specified by § 803(a) and (b) of this title and the guidelines developed by the Department of Education with the approval of the State Board of Education for such grants may be awarded the balance of their grants for development of a district transition plan; provided, that no such funding shall be available for award after June 30, 1998, and that any application for such funding shall be made to the Department on or before May 1, 1998. (d) Each school in a district which has adopted a district transition plan for shared decision-making, as specified in § 803(d) of this title, shall be entitled to receive a grant to conduct structured conversations and activities and to develop a school transition plan which incorporates shared decision-making. The amount of such grants shall be established in the annual Appropriations Act or by allocation of available federal funds. Such grants shall be made available starting July 1, 1997, and shall not be available for award after June 30, 2000. Any application for such a grant shall be made on or before May 1, 2000. The grants awarded may be used over a period set forth in such act or determined by the Department in the case of federal funds. The local boards of such schools shall not reduce the funds otherwise allocated to such schools as a result of such grants or otherwise use such grants to supplant local board expenditures. A school may use and be awarded up to 1/3 of its grant to conduct structured conversations and activities. (e) Schools meeting the requirements for approval of a transition grant as specified by § 805(a) and (b) of this title and the guidelines developed by the Department of Education with the approval of the State Board of Education for such grants may, if they comply with the deadline set forth in subsection (d) of this section, be awarded the balance of their grants for development of the school’s transition plan. (f) Upon the adoption of its school transition plan by the local board of education and upon its subsequent approval every 3 years pursuant to § 808 of this title, a school shall be eligible to be awarded annually a school improvement grant to implement its school improvement plan through the application process set forth in § 806(a) of this title. The amount and duration of such grants shall be established by the annual Appropriations Act. The local boards of such schools shall not reduce the funds otherwise allocated to such schools as a result of such grants or otherwise use such grants to supplant local board expenditures. (g) School committees for school discipline and climate, formed pursuant to Chapter 16 of this title, shall be authorized to continue to receive incentive grants, as provided in Chapter 16 of this title and authorized in the annual state Appropriations Act, until such time as a school transition plan, as defined in § 806 of this title, specifies an alternative governance structure to assume the authority and responsibilities specified in Chapter 16 of this title. Such school improvement plan shall be presented to the Department of Education as evidence upon application for such incentive grants. (70 Del. Laws, c. 457, § 1; 71 Del. Laws, c. 180, § 44.) § 808. Review of district and school plans. District transition plans and school improvement plans shall be reviewed and evaluated at least every 3 years or more frequently upon a schedule specified within the school’s or district’s plan to measure continuous progress in achieving the goals specified in the plan. Such review and evaluation shall include the school community. The results of such review and evaluation will be reported in the annual school district and school profiles as specified in this title. (70 Del. Laws, c. 457, § 1.) Page 87 Title 14 - Education Part I Free Public Schools Chapter 10 Reorganization of School Districts Subchapter I Reorganization § 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.) § 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.) § 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.) § 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.) Page 88 Title 14 - Education § 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.) § 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.) § 1007. Interim boards; membership; authority. (a) When a reorganized school district, excluding a vocational-technical school district, is divided pursuant to this subchapter and § 1028(k) of this title, there shall be an interim board of education for each district being created. The interim board of education shall have 7 members, one of whom resides in each nominating district. Each member of the board of education of the district being divided shall become a member of the interim board of the district being created and from the nominating district in which that member resides, provided that the member’s term on the interim board shall terminate on the date on which that member’s term on the board of education of the district being divided terminates. Any person who succeeds a member of the board of the district being divided shall also succeed that person as a member of the interim board. Except with regard to persons appointed to fill vacancies, the remainder of the members of the interim board of education shall be chosen by election pursuant to the following procedure: (1) Candidates for the interim board of education shall be nominated in accordance with § 1075 of this title except that a nominee must be a resident of the nominating district that nominee will represent; (2) A nominating petition in support of any nominee may be signed by any resident of the school district qualified to vote in the election proposed; (3) Election of members of the interim board shall be at large in the geographic area encompassed by the school district being created, provided that no person may vote for more than 1 person who resides in each nominating district; (4) The election shall be conducted in accordance with subchapter IV of this chapter; provided, however, that: a. The election shall be held within 130 days of the approval by the State Board of Education of the plan for division of the district pursuant to § 1028(k) of this title on a date chosen by the department of elections of the county in which the district is located after consultation with the State Board of Education or its designee; provided, however, that it shall not be held in November or December; b. The election shall be conducted by the department of elections of the county in which the district is located. The cost of the election shall be borne by the school district being divided; c. In the case of a tie between nominees from the same nominating district, the member shall be chosen by a run-off election to be held within 30 days. (b) Not later than 10 calendar days after the election of the members of an interim board, the President of the State Board of Education or the President’s designee shall meet the new board and swear in the members and shall on the same occasion instruct the board immediately to organize according to this chapter. (c) Each new board so organized shall serve as an interim board of education for the reorganized district until the date set by the State Board of Education for the establishment of the new school district according to § 1004 of this title. (d) Each interim board shall have all of the authority of a board of education as set forth in this title for the sole purpose of planning and preparing for the establishment of a reorganized school district to be established on the date set by the State Board of Education. The authority herein granted to each interim board may include but is not limited to the authority to set tax rates in accordance with this title, negotiate contracts, employ personnel for assignment as of the date of implementation of the new district and select a name for the reorganized school district. (e) The interim board may employ personnel for immediate assignment to execute the policies of the interim board. (f) All persons elected to the interim board or appointed to fill a vacancy shall be members of the interim board until it is dissolved on the date selected by the State Board of Education pursuant to § 1004 of this title for implementation of the reorganization. A vacancy on the interim board shall be filled by the remaining members of the interim board who shall appoint a person who resides in the nominating district in which that person’s predecessor resided. Page 89 Title 14 - Education (g) Each interim board shall devise a budget to support its operation during the period from the date of its organization until the date set by the State Board of Education for implementation of the new district and present that budget to the State Board of Education for review and approval on a date set by the State Board of Education which shall be not more than 30 calendar days after the date that the interim board is organized. The State Board of Education shall approve or make modifications in and approve the budget not later than 10 days after it is presented by the interim board. (h) If the district being divided or consolidated fails to contribute to the interim board the amount assessed against it, according to this section, within 10 calendar days of receipt of the statement of assessment delivered by certified mail, the interim board shall report the delinquency to the State Board of Education, which shall in turn verify the delinquency and certify its finding to the Secretary of Finance. Upon certification of the Secretary of Finance, the State Treasurer shall pay the assessed amount to the interim board from such funds as are available in the state and local district accounts for the delinquent district. (i) Prior to the organization of the interim board, the State Board of Education shall engage in planning to effectuate the division of the school district. The board of education of the school district being divided shall, at the request of the State Board of Education, assign personnel to assist the State Board of Education. (j) Nothing herein shall alter the procedure or timing of elections for membership on the board of education of the district being divided. (14 Del. C. 1953, § 1008; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, §§ 8, 9; 70 Del. Laws, c. 186, § 1.) § 1008. The Redding Consortium for Educational Equity. (a) The Redding Consortium for Educational Equity (“Consortium”) replaces the Wilmington Education Improvement Commission. The Consortium shall recommend policies and practices to the Governor and General Assembly and to the Secretary of Education to achieve educational equity and to improve educational outcomes of all pre-K to grade-12 students in the City of Wilmington and northern New Castle County. (b) The Consortium shall monitor the educational progress and outcomes of students in the City of Wilmington as well as all lowincome, English learners and other students at risk across northern New Castle County. It shall develop and publish data reports on the conditions impacting the educational outcomes of these students and also track the progress of these students. (c) The Consortium shall recommend policies and actions to the Governor and General Assembly that support the continuous improvement of public education in the City of Wilmington and northern New Castle County. It shall spotlight best practices from across the State and nation for increasing educational equity, improving educational outcomes, and strengthening school and community services. It shall facilitate collaboration on implementation of best practices among school districts and charter schools and may implement pilot projects It shall also facilitate the consistent engagement of impacted communities to strengthen and inform its work. (d) The Consortium shall evaluate the need for additional or alternative educational facilities in the City of Wilmington, including secondary schools. (e) The Consortium shall develop policy proposals to be introduced through legislation to improve teaching and learning in both district and charter schools in the City of Wilmington and northern New Castle County. (f) The Consortium shall develop a proposal for redistricting in the City of Wilmington and northern New Castle County that must include provisions under § 1026(d)(3) of this title formulated specifically for that purpose with designated responsibilities and timelines for action at all levels. (g) The Consortium shall research the viability of the New Castle County Tax District and Tax Pool. (h) The Consortium is comprised of 25 voting members, as follows: (1) Fifteen members serving by virtue of position, or a designee selected by the member, as follows: a. A State Senator representing the City of Wilmington, appointed by the President Pro Tempore of the Senate. b. A State Representative representing the City of Wilmington, appointed by the Speaker of the House of Representatives, c. A State Senator from the minority caucus, appointed by the President Pro Tempore of the Senate. d. A State Representative from the minority caucus, appointed by the Speaker of the House of Representatives. e. The Superintendent of the Red Clay Consolidated School District. f. The Superintendent of the Christina School District. g. The Superintendent of the Colonial School District. h. The Superintendent of the Brandywine School District. i. The Superintendent of the New Castle County Vo-Tech School District. j. The Mayor of the City of Wilmington. k. The Head of the Metropolitan Urban League. l. The President of the Delaware Hispanic Commission. m. The Chair of the Advisory Council on English Learners. n. A Chair of the Wilmington Community Advisory Council. Page 90 Title 14 - Education o. The President of the Delaware State Education Association. (2) Ten members identified and appointed by the co-chairs of the Consortium, as follows: a. A representative of the Wilmington Center for Education Equity and Public Policy. b. A charter school lead. c. Two teachers from schools in the City of Wilmington. d. Two business leaders. e. Two parents. f. Two additional community leaders or representatives of the Wilmington and northern New Castle County community with educational interests. (i) The Consortium is comprised of the following nonvoting members, or a designee selected by the member: (1) The Secretary of Education. (2) The Secretary of Finance. (3) The Director of the Office of Management and Budget. (j) Official action by the Consortium requires the approval of a majority of all voting members. (k) Meetings of the Consortium and all related committees are public meetings and must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of Title 29. (l) The Consortium shall meet at least quarterly, and its first meeting shall occur on or before September 1, 2019. (m) The Consortium may invite education and community stakeholders to participate in meetings as nonvoting members as determined by the co-chairs. (n) The co-chairs of the Consortium are as follows: (1) The member appointed by the President Pro Tempore of the Senate under paragraph (h)(1)a. of this section. (2) A member appointed by the Governor from the members of the Consortium under paragraphs (h)(1)e. through (h)(1)o. or paragraphs (h)(2)a. through (h)(2)e. of this section. (o) The Consortium may form standing committees to develop recommendations for consideration by the full Consortium. The cochairs of the Consortium may appoint members of committees and working groups who are not members of the Consortium but whose participation will enhance the work undertaken. (p) The Consortium shall work with and across all relevant governmental agencies, educational entities, and private and nonprofit institutions serving residents of the City of Wilmington. The Consortium shall build upon the work and recommendations of the Wilmington Education Advisory Committee and the Wilmington Education Improvement Commission. (q) As requested by the Governor and the General Assembly, the Consortium shall carry out other responsibilities consistent with its overall mission. (r) The Consortium shall report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House, the City of Wilmington, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives at least once each fiscal year. It shall annually present a report to a joint session of the education committees of the Senate and the House. Each report must include all of the following: (1) A summary of the work and actions completed by the Consortium to accomplish its purposes as required under this section. (2) Recommendations of the Consortium about whether and how to further implement, promote, and achieve improvement in the education of pre-K to grade-12 students in the City of Wilmington and northern New Castle County. (s) The University of Delaware’s Institute for Public Administration and Delaware State University’s School of Graduate Studies shall staff the Consortium. A policy director from the Institute for Public Administration, approved by the co-chairs of Consortium, shall manage the staff. An annual line item allocation of funding must be provided to the Consortium to support the operational services, research, and analysis carried out by the Institute for Public Administration and Delaware State University and in the development of the transition, resource, and development plan. (t) The Consortium shall remain in operation until the Governor and General Assembly conclude that its mission has been fulfilled. (82 Del. Laws, c. 164, § 2; 83 Del. Laws, c. 37, § 15; 83 Del. Laws, c. 283, § 16.) § 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 Page 91 Title 14 - Education 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.) §§ 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. Subchapter II 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.) § 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.) § 1023. School year. Repealed by 72 Del. Laws, c. 6, § 2, effective February 8, 1999. § 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.) § 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.) § 1026. Changing boundaries; vocational-technical school districts; City of Wilmington. (a) The State Board of Education may, in accordance with this section, change or alter the boundaries of any reorganized school district. (b) Before making changes in the boundaries of a reorganized school district, the State Board of Education must consult with the school boards of the districts affected by the proposed change. Thereafter, the State Board of Education must submit for approval or rejection the question of the change of boundary to the qualified voters of the district or districts affected at a special referendum to be held for that purpose, after 2 weeks’ notice of the referendum and proposed change has been posted at the school or schools of the district or districts affected. The referendum must be conducted in each district by the school board of the district. Any person who possesses the qualifications prescribed in § 1077 of this title may vote at the referendum. The question must be determined by a majority of the total vote cast in each district affected. Each school board must immediately certify to the State Board of Education the result of the referendum in the district. (c) Subject to subsection (a) of this section, the State Board of Education may change or alter the boundaries of any reorganized school district without a referendum of the voters if the written consent of the owners of the real property to be transferred has been obtained and if also the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration. (d) (1) Notwithstanding the provisions of subsections (b) and (c) of this section, the State Board of Education may change or alter the boundaries of school districts in New Castle County in a manner consistent with some or all of the redistricting recommendations made Page 92 Title 14 - Education by the Redding Consortium for Educational Equity (“Consortium”), provided that the General Assembly passes, and the Governor signs, a Joint Resolution supporting the proposed changes in school district boundaries. (2) Prior to ordering a change or alteration of a school district boundary under this subsection, the State Board or the Consortium, shall conduct at least 1 public hearing in each of the school districts to be affected, including at least 2 in the City of Wilmington. (3) a. The State Board of Education shall make its decision and order to change or alter district boundaries under this subsection based on the recommendations of the Consortium as expressed in a transition, resource, and implementation plan for redistricting. The final recommendation and plan developed by the Consortium for presentation to the State Board of Education must include all of the following: 1. The orderly and minimally disruptive reassignment of students affected by the boundary change and the reassignment of governance responsibilities. 2. Implications for educators, administrators, and other personnel that may lead to equitable adjustments to local collective bargaining agreements. 3. Resources that will be required, from state, district, and local sources, to support the redistricting transition and provide for the effective ongoing education of all affected students, and for the support of schools with high concentrations of low income students and English learners. 4. Student transportation. 5. Distribution of capitalassets and financial obligations or a process for such distribution. 6. Engagement of educators, staff, parents, district personnel, and community members throughout the transition. 7. Directives for improving secondary education options for City of Wilmington students, such as the provision of additional secondary schools. 8. Redrawing of district boundaries in Wilmington and northern New Castle County to better serve the educational interests of all students, including reducing the concentration of low-income students and improving educational services and supports for English learners and other students at risk. 9. An assessment of the educational needs of City of Wilmington students and the resources required to meet those needs. 10. A stipulation that the funding statewide and locally will facilitate effective implementation of the proposed comprehensive plan in a manner that will improve the educational outcomes for all of the students impacted by that plan. 11. A timetable for implementing each element of the redistricting plan and the designated responsibility for carrying out responsibilities until the date of full implementation. 12. A process for the ongoing monitoring and evaluation of the educational impacts and outcomes of implementation, which will include an annual report by the Consortium to the Governor, the General Assembly, the Secretary of Education, and the State Board of Education. 13. The plan must permit students to continue their attendance at the school they attended prior to the boundary change with tuition payments made by the sending district as provided in Chapter 6 of this title until such time as the pupils complete the grade levels offered in that school. b. The Consortium’s final recommendation and plan may include all of the following: 1. Recommendations for changes in policies and practices that will improve the coordination and collaboration among districts and charter schools serving students in the City of Wilmington and New Castle County, including changes in the authorization of charter schools. 2. Recommendations for improvements to access to high-quality early education programs for all students in the areas impacted by the proposed change in district boundaries. 3. Recommendations for improvements of the provision and coordination of before and after-school services for students and families in the areas impacted by the proposed change in district boundaries. 4. Recommendations for policies and practices associated with student assignment and school choice. 5. Recommendations for addressing additional transportation costs generated by enabling students to complete their studies in schools attended prior to the boundary changes. 6. Recommendations for policies and practices for systematic reform to address the negative impacts of the Neighborhood Schools Act [subchapter II of Chapter 2 of this title]. c. The Consortium may submit 1 or more interim plans for action under this section, which may address redistricting to ensure that all school districts have contiguous geographical boundaries. d. All school districts, including the New Castle County Vocational-Technical School District, and all charter schools operating in the City of Wilmington and New Castle County must cooperate fully with the Consortium in the development of the redistricting plan, including the timely provision of student, financial, personnel, and facilities data as well as other operational data. e. A recommendation and plan of the Consortium must be reviewed and acted upon by the State Board of Education within 3 months of submission. Page 93 Title 14 - Education (e) If the State Board of Education does not approve a plan as submitted by the Consortium, it must notify the Chairperson of the Consortium in writing, give reasons why the plan was not approved, and allow the Consortium to resubmit the plan within 30 days of the Chairperson receiving the notice of denial. (f) The State Board of Education must base its decision to change or alter school district boundaries on a record developed in compliance with state open meetings laws. (g) The authority of the Consortium and the State Board of Education to act under the provisions of this section shall continue until the confirmation of a final State Board of Education approved plan by the Governor and the General Assembly. (h) (1) Before the consideration of a Joint Resolution required under subsection (d) of this section by the General Assembly, the Controller General shall prepare a fiscal analysis of a redistricting plan approved by the State Board of Education under subsection (d) of this section ( “the redistricting plan” ). The fiscal analysis must do all of the following: a. Describe all requirements of and obligations assumed by the State or a school district redistricted under the redistricting plan and any other consequences of the redistricting plan that has a fiscal impact on the State or a school district redistricted under the redistricting plan for each fiscal year following the enactment of the Joint Resolution. b. Include full fiscal cost data estimates, including salaries, operating costs, other employment costs, capital outlays, and debt service that may be incurred under a redistricting plan. c. State how the fiscal cost data estimates were calculated, including what facts were used or assumption made to calculate the estimates. (2) On request by the Controller General, the Consortium, the State Board of Education, the Department of Education, the Office of Management and Budget, a school district redistricted under a redistricting plan, and any other state agency shall provide information and other assistance necessary to complete the fiscal projection required by this subsection. (i) After the enactment of a Joint Resolution required under subsection (d) of this section, the General Assembly shall, through the General Assembly’s budget process, determine the funding, if any, to be appropriated to provide resources needed for the implementation of a redistricting plan approved by a Joint Resolution, including any additional analysis, facility, and program requirements. (j) Notwithstanding subsection (b) of this section, the State Board of Education may change or alter the boundaries of any reorganized vocational-technical school district if the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration. (14 Del. C. 1953, § 1026; 56 Del. Laws, c. 292, § 6; 68 Del. Laws, c. 260, § 1; 75 Del. Laws, c. 334, §§ 1-3; 76 Del. Laws, c. 142, § 1; 76 Del. Laws, c. 216, §§ 1-3; 80 Del. Laws, c. 139, § 1; 80 Del. Laws, c. 357, § 2; 82 Del. Laws, c. 163, § 1; 83 Del. Laws, c. 515, § 1; 84 Del. Laws, c. 237, § 1.) § 1027. Consolidation of reorganized or vocational-technical school districts; referendum; qualified voters; list of taxable property; bonds of vocational-technical school districts; school boards of consolidated school districts. (a) The State Board of Education may, when in its judgment it is practicable and desirable, consolidate 2 or more reorganized school districts which are contiguous, in accordance with this section. (b) In cases other than consolidation of reorganized vocational-technical school districts, the State Board of Education shall, by means of referendum conducted by the school board of the reorganized school districts affected, submit the question of consolidation to the voters of the reorganized school districts affected. The State Board of Education shall specify in advance the effective date of consolidation. The question of consolidation shall be determined by the majority of the total vote in each of the reorganized school districts affected, and the result shall be immediately certified to the State Board of Education in accordance with other provisions of this chapter. If approved by referendum in each of the reorganized school districts affected, the consolidated school district shall be constituted and established as of the effective date of consolidation. (c) In the case of any consolidation of reorganized vocational-technical school districts, the State Board of Education shall, provided the school boards of the vocational-technical districts affected by such consolidation have adopted resolutions favoring such consolidation, constitute and establish such consolidated vocational-technical school district as of the effective date of consolidation. (d) If consolidation is by referendum, the State Board of Education shall post a notice of the proposed referendum for consolidation at the school or schools in the reorganized districts affected and in at least 10 other prominent and conspicuous places in each of the reorganized districts affected at least 20 days prior to the date of the referendum. The notice of referendum shall distinctly state the following: (1) That in case the consolidation is effected, the obligations evidenced by bonds of each of the consolidating districts shall become the common obligation of all of the residents of the consolidated district and the principal and interest on the outstanding bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated district; (2) That the rate of tax for current expenditures not including Division III in the consolidated district shall not be in excess of the highest rate that was authorized in any of the reorganized school districts to be consolidated, without a new referendum to authorize such taxation; Page 94 Title 14 - Education (3) That, in the event of consolidation, all obligations evidenced by bonds issued by the consolidated district after consolidation shall become the common obligation of the residents of the consolidated district. (e) If consolidation is by referendum, every person qualified to vote under § 1077 of this title may vote, and §§ 1078, 1079 and 1085 of this title shall apply to such referendums. (f) If consolidation is by referendum, the school board for the consolidated school district shall be responsible for preparing and maintaining the list of taxable property and capitations for each of the respective school districts in accordance with paragraph (d)(1) of this section, as each was constituted prior to consolidation and at the time the obligations evidenced by bonds were issued and shall continue to levy the taxes to pay for the principal and interest on the bonded indebtedness of each such school district, and the receiver of taxes and county treasurer or their successors shall deposit such tax moneys in the approved manner provided elsewhere in this title for the account of the consolidated district. The school board of the consolidated district shall keep such records and accounts as are necessary showing the receipts from such taxes and payments made on bonded indebtedness of each such school district as was constituted prior to consolidation. (g) In the case of any consolidation of reorganized vocational-technical school districts where any of the school districts so consolidating have outstanding obligations evidenced by bonds, such obligations after consolidation shall become the common obligation of all the residents of the consolidated vocational-technical school district and the principal and interest on the bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated vocational-technical school district. (h) All property, real and personal, of the school districts consolidating shall upon consolidation become the property of, and vest by operation of law in, the consolidated school district, and all indebtedness and obligations of the districts consolidating shall become the indebtedness and obligations of the consolidated district. The rights of any bondholders shall not be impaired by reason of anything contained in this section. (i) The school board of any school district consolidated under this section shall be created and constituted in accordance with § 1065 of this title. (j) Any consolidated school district created under this section shall be operated and maintained as other school districts reorganized under this chapter and all laws in this State relating to school districts reorganized under this section shall apply to such consolidated school districts. (k) This section shall apply only with respect to reorganized school districts constituted and established in accordance with this chapter and shall not be deemed to alter or affect in any way former § 1108 of this title with respect to school districts consolidating on or before June 30, 1969. (14 Del. C. 1953, § 1027; 56 Del. Laws, c. 292, § 6.) § 1028. Division of reorganized school districts; names; bonded indebtedness; levy of taxes without referendum; real property; personal property; school boards; school districts conducted and maintained as other reorganized school districts; applicability of section; division of school districts created by federal court orders. (a) A reorganized school district may be divided by the State Board of Education into 2 or more school districts in accordance with this section. (b) A division, except in the case of the division of a reorganized vocational-technical school district, shall be by referendum, which referendum shall be conducted in the same manner as a referendum for the consolidation of reorganized school districts under § 1026 of this title. If division is by referendum, the question of division shall be determined by a majority of the total vote of the reorganized school district to be divided. A division of a reorganized vocational-technical school district shall be by resolution of the State Board of Education, and by resolution of the board of the reorganized vocational-technical school district affected. In the case of any division of any reorganized school district, the State Board of Education shall specify in advance the effective date of the division. (c) One of the school districts resulting from a division shall retain the name of the reorganized school district being divided, unless otherwise specified by the State Board of Education. The school board of the reorganized school district being divided shall specify in advance and with the approval of the State Board of Education the proposed names for the school districts resulting from any division and the boundaries of the school districts so named. If division is by referendum, the proposed names and the boundaries of the school districts so named shall be distinctly stated in the notice of referendum. (d) In the event any reorganized school district has, at the time of division, any outstanding obligations evidenced by bonds or bond obligations resulting from a division in a previous high school district, such obligations shall remain the obligations of the residents of the school district then obligated upon such bonds to pay the principal and interest when due until paid according to the original authorization with respect to principal and interest. The rights of any bondholder shall not be impaired by reason of a division of any reorganized school district. If division is by referendum, the notice of the referendum shall distinctly state the provisions of this subsection. (e) Each school district resulting from a division of a reorganized school district shall levy taxes sufficient: (1) To maintain the level of current expenditures including Division III as established in the divided reorganized school district; and Page 95 Title 14 - Education (2) To provide for payment of principal and interest on any bonded indebtedness as provided in this section. Such taxes shall be levied by the school boards of the school districts resulting from any such division without a further referendum. If division is by referendum, the notice of referendum shall distinctly state the provisions of this subsection. (f) All real property of the divided reorganized school district shall, by operation of law, become vested in the respective school district resulting from such division in which such real property is located. (g) All personal property of the divided reorganized school district shall be apportioned between or among the school districts resulting from such division upon the basis of enrollments in such resulting school districts as of September 30, immediately preceding the division. In the event the school boards of the resulting school districts cannot agree as to such apportionment, the State Board of Education shall make the apportionment which shall be final. (h) School boards for school districts resulting from any division under this section shall be created and constituted in accordance with § 1066 of this title. (i) All school districts resulting from any division under this section shall be operated and maintained as other school districts reorganized under this chapter, and all laws in this State relating to school districts reorganized under this chapter generally and not inconsistent with this section shall apply to such school districts resulting from such division. (j) This section shall apply only with respect to a division of a reorganized school district constituted and established in accordance with this chapter. (k) During the period January 1, 1980, through August 31, 1981, the State Board of Education may divide any school district created by order of a federal court pursuant to this section; provided, however, that: (1) The requirement of referendum included in subsection (b) of this section, the requirement of taxation of subsection (e) of this section and the statutory restriction of subsection (j) of this section shall not be applicable; (2) The requirements of subsection (d) of this section shall be met by funds available pursuant to § 1057(b) of this title and by taxes collected by the county taxing authorities, which taxes shall be collected uniformly throughout the entire area being divided; (3) The area being divided shall be permanently constituted as a school tax district as defined in § 1925 of this title; (4) The rates for school taxes for current operating expenses and debt service on obligations evidenced by: a. Bonds of the district being divided authorized prior to the division; b. Bonds of the district being divided; and c. Bonds of any former school district located in the geographical area of the district being divided which are levied in the school tax district shall be established and set according to § 1925 of this title; (5) Obligations evidenced by bonds authorized prior to the division herein authorized shall be paid by the county taxing authorities from debt service taxes collected in the school tax district; (6) Taxes collected in the school tax district for current operating expenses shall be distributed each year in a uniform manner, on a per unit basis according to units certified by the State Board of Education for the previous fiscal year, by the county taxing authorities, to the districts formed by the division; (7) No tax funds herein authorized shall be distributed to a separate vocational-technical school district; (8) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such a division from levying and collecting taxes for any purpose within the new district when such rates are set according to Chapter 19 of this title requiring a referendum of the qualified voters in the district; (9) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such division from issuing bonds and levying and collecting taxes to provide funds for the payment of interest and annual payments on such bonds, in accordance with Chapter 21 of this title; (10) Any school district created as a result of such division may each fiscal year determine and set tax rates for tuition and for minor capital improvements for the next fiscal year; (11) A change in tax rates by a single district shall not alter the rate set in accordance with § 1925 of this title for the school tax district; (12) The boundaries of school districts divided according to this subsection shall be established in accordance with § 1066A of this title. (13) The boards of education of school districts resulting from the division authorized by this subsection shall be established in accordance with § 1066 of this title. (l) If the division of a school district is carried out under subsection (k) of this section, then the following provisions shall apply: (1) Any outstanding obligations of the school district for current operating expenses, on the effective date of the division, shall become the joint obligation of the newly created districts. Each new district shall be responsible for a portion of the total outstanding obligation; the liability of each new district shall be in the same proportion to the total liability of the district being divided as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division; Page 96 Title 14 - Education (2) Balances in the local current expense account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (3) Balances in the local tuition account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in the schools located in the area encompassed in the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (4) Balances in the local debt service account of the reorganized school district, on the effective date of the division, shall be retained in the debt service account of the school tax district. These funds shall be used to meet bond obligations which are due after the effective date of the division; (5) Balances in the local minor capital improvement accounts of the district being divided, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the projects for which they were intended at the time of the division, as determined by the State Board of Education; (6) Balances in the annual maintenance accounts of the reorganized district, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the maintenance for which they were intended at the time of the division, as determined by the State Board of Education. (14 Del. C. 1953, § 1028; 56 Del. Laws, c. 292, § 6; 62 Del. Laws, c. 351, §§ 2, 12; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 491, § 1.) § 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.) Subchapter III School Boards of Reorganized School Districts § 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.) § 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.) § 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.) Page 97 Title 14 - Education § 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.) § 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.) § 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.) § 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.) § 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.) § 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: Grades 1-11: Grade 12: 1060 hours 1060 hours 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 Page 98 Title 14 - Education 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.) § 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.) § 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.) § 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.) § 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.) Page 99 Title 14 - Education § 1052. Number; qualifications of members; election of members; term of members [For application of this section, see 83 Del. Laws, c. 251, § 7]. (a) Unless otherwise provided in this chapter, each school board is composed of 5 members. (b) Each member must be a citizen of the State and resident of the school district in which elected or appointed and must be qualified to vote at a school election in that district at the time of such election or appointment. (c) Unless otherwise provided in this chapter, 1 school board member is elected each year except where an unexpired term of a former member is also to be filled or the terms of 2 school board members expire the same year. (d) Unless otherwise provided in this chapter, each school board member is elected for a term of 4 years commencing on July 1 following the member’s election, except when such election is to fill an unexpired term. (e) (1) If a school board member is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges. a. If the charges under § 209(a) of this title that are the basis of the suspension under this paragraph (e)(1) are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a school board member. b. If a school board member who is suspended under this paragraph (e)(1) is convicted or pleads guilty or nolo contendere of a crime under § 209(a) of this title that is the basis of the suspension, the suspended school board member ceases to be a member of the school board. (2) If a school board member is suspended under paragraph (e)(1) of this section, the school board member’s seat is treated as vacant and may be filled, at the discretion of the school board, under § 1054 of this title until 1 of the following occur: a. The suspended school board member resigns. b. The suspended school board member’s term expires. c. The suspended school board member returns to service under paragraph (e)(1)a. of this section. d. The suspended school board member ceases to be a member of the school board under paragraph (e)(1)b. of this section. (f) (1) A school board member who is suspended or removed under paragraph (e)(1) of this section may mail or deliver a written request for a hearing to the school district superintendent within 20 days of the suspension or removal. (2) A hearing under paragraph (f)(1) of this section is for the limited purpose of determining if the school board member was charged, convicted, or pleaded guilty or nolo contendere to a crime under § 209(a) of this title and the burden of proof is on the school board member who requested the hearing. (3) A hearing under paragraph (f)(1) of this section is conducted by a hearing panel selected by the Commissioner of Elections as follows: a. The Delaware School Board Association must provide names of 3 or more school board members from different school districts in each county for the hearing panel. b. The Commissioner of Elections must select the members of the hearing panel from the list provided under paragraph (f)(3)a. of this section and must select 1 member from a school district in each county. c. A member of the hearing panel may not be a member of the same school board as the school board member that requested the hearing under paragraph (f)(1) of this section. (4) A decision made by the hearing panel under paragraph (f)(3) of this section is final, unless a party to the hearing files a civil action in the Superior Court within 30 days of the date of the decision. In an action under this subsection, the complaining party has the burden of proving that the hearing panel’s decision under paragraph (f)(2) of this section was not supported by substantial evidence on the record. (14 Del. C. 1953, § 1052; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 187, § 4; 83 Del. Laws, c. 251, § 1.) § 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.) Page 100 Title 14 - Education § 1054. Vacancy on school board. (a) If any school board member ceases to be a resident of the reorganized school district, that member shall cease to be a member of its school board. (b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below: (1) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than 5 business days following the vacancy. (2) A person appointed to fill a vacant seat shall meet the qualifications to be elected to that seat. (3) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district. (4) When a vacancy occurs on a School Board after the second Friday in February of a fiscal year and on or before the filing deadline established in § 1075(a) of this title, the Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline shall be the first business day following that Saturday, Sunday or state holiday. (c) In the event that a majority of or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Candidate filings and elections held or appointments made pursuant to this section shall be held or made in accordance with this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members. (d) In the event of vacancies under this section which are to be filled at the next regular school board election, candidates shall file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title. (14 Del. C. 1953, § 1054; 56 Del. Laws, c. 292, § 6; 57 Del. Laws, c. 378, § 1; 67 Del. Laws, c. 243, § 7; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 138, §§ 1, 2; 81 Del. Laws, c. 111, § 1.) § 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.) § 1056. School property; use, control and management. (a) As used in this section: (1) “School equipment” as used in this section shall be deemed to mean, and to include, but not be limited to: kitchen equipment, projection equipment, office machines, laboratory equipment, industrial arts equipment, art equipment, home economics equipment, playground equipment, pools and scoreboards. (2) “School property or school facilities” means buildings and land. (b) All property, estate, effects, money, funds, claims and state donations vested by law in the public school authorities of any public school district prior to June 3, 1968, for the benefit of the public schools of such district, shall be under the control, management and custody of the school board of such district subject to § 1047 of this title. Any real and personal estate granted, conveyed, devised or bequeathed, or which may hereafter be granted, conveyed, devised or bequeathed on or after June 3, 1968, for the use of any public school district, shall be held in trust by the school board for the benefit of the public schools of the respective district. Such grants, bequests or money invested in trust for the use of any public school district shall be exempt from all state, county and local taxes. (c) The control, management and custody of school property and school equipment in all public school districts shall be subject to the laws of this State, the rules and regulations of the Department of Education and the rules and regulations of the school boards of the respective school districts. Each school board shall adopt a set of rules and regulations governing the use of school property and school equipment within the respective district subject to the provisions hereinafter set forth. (d) The primary purpose for the use of school property is the education of children and youth. The use of such property for purposes other than the primary purpose shall not be permitted whenever such use would interfere with the primary purpose. Any scheduled public school activity, whether taking place during the school day or otherwise, shall have precedence over any other activity for the use of such property. However, in order to encourage the citizens of any community to participate in worthwhile community activities, a school board shall consider any written request by 10 citizens of the respective district, or a recognized community organization, for the use of Page 101 Title 14 - Education school property in such district for purposes other than the primary purpose. The decision of such school board regarding the granting of such requests shall be based upon a consideration of the following conditions, paragraphs (d)(1) through (3) of this section, listed in order of importance: (1) The facility requested for use has not been scheduled for use at the time requested; (2) The use of the facility requested will be beneficial to children and youth and consistent with the program of education of the school district; (3) The use of the facility requested will serve a purpose that is educational, cultural, civic, political or recreational; (e) A local school board may permit the use of school property or school equipment under its jurisdiction free of charge for any school-sponsored organization, such as parent teacher organizations, as well as specified nonprofit organizations (including any youth group designated in Title 36 of the United States Code as a patriotic society). A local school board may also permit the use of school property or school equipment under its jurisdiction free of charge for any specified governmental agency. In order to be eligible to use school property and school equipment free of charge, a school-sponsored organization, a specified nonprofit organization or a specified governmental agency must be individually designated and approved by the local school board and must comply with all other building use policies approved by the local school board. A local school board may, however, adopt a policy charging school-sponsored organizations, nonprofit organizations and governmental agencies for costs incurred in excess of normal operations. Other organizations, including forprofit organizations, which receive approval to use school property and/or school equipment, shall be charged an amount at least equal to the costs incurred in excess of normal operations. Such costs shall be determined by the local school board, and shall include custodial salaries, other employment costs, heat, lighting and other identifiable operational costs. It shall be the local school board’s responsibility to calculate these costs so that all excess costs are recovered and to maintain appropriate documentation of such calculations, which shall be subject to audit. Any fee schedule developed by the local school board shall be in accordance with the provisions of this title and Title 29. All such fees collected by a local school board shall be retained by the school district to be used as local funds for any permissible educational purpose. (f) Any school board may refuse to permit the use of any school property under its jurisdiction for any purpose which, in its discretion, would tend to interfere with the program of the public schools or would not be in harmony with the purposes of public education in such matters as character building, the development of unprejudiced social attitudes and the training of pupils for responsible citizenship. Any dispute which may arise because of the refusal of any school board to permit the use of any school property under its jurisdiction to any organization or group of citizens shall be reviewed by appeal, in writing, to the State Board of Education. (g) Any group of citizens permitted to use school property shall be responsible for any damages done to such property over and above the ordinary wear. The extent of such damage shall be determined by the school board having control over such property. (h) Any school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property. (i) All public schools receiving an appropriation of state funds shall be governed by this section as a condition for the receipt of such state funds. (14 Del. C. 1953, § 1056; 56 Del. Laws, c. 292, § 6; 62 Del. Laws, c. 365, § 1; 64 Del. Laws, c. 50, § 2; 66 Del. Laws, c. 303, § 303; 71 Del. Laws, c. 6, §§ 1, 2; 71 Del. Laws, c. 180, § 50; 73 Del. Laws, c. 380, §§ 1-7.) § 1057. Sale or lease of property; disposition of proceeds. (a) When any real property, title to which is held by a reorganized school district, is no longer needed for school purposes, it may be sold by the school district subject to the following: (1) The board of education of the school district shall receive documented recommendations from the superintendent of schools of the district showing why the property is no longer needed for school district purposes; (2) The board shall take action to consider such recommendations; (3) The board shall release the recommendations for public review and shall announce by 10 days’ notice in a news release to print and electronic media covering the district the time and place of a public hearing on the recommendation to dispose of the property in question; (4) The board shall conduct the public hearing as announced; (5) The board shall within 60 days of said hearing take action to accept, reject or modify the recommendation and proceed according to the terms of the recommendation in its current status. If the recommendation was rejected, no further action is required pending any future recommendation; (6) Except for property acquired or constructed with 100% state funds upon affirmative decision to sell a property the board shall retain the services of 1 or more licensed real estate brokers or realtors who are not associated with any member of the board of education of that district and who shall determine a minimum price at which the property is to be offered for sale. In the event the property was acquired or constructed with 100% state funding, then this paragraph shall not apply; (7) The property for sale shall be offered to other state agencies at the price determined in paragraph (6) of this subsection. Such offer to other state agencies shall be made through the Director of the Office of Management and Budget who shall in turn confer with Page 102 Title 14 - Education the Department of Education. Together, they shall approve a purchase or release the district to proceed with another sale within 30 days of the offer by the board of education to the Director of the Office of Management and Budget; (8) A state agency may negotiate to the extent feasible and practical to assume the state share in such property by transfer of the debt service obligation to the account of that agency without payment of cash for that share of the price set; (9) If no other agency of state government declares its intent to purchase the property, the Board of Education shall proceed to offer said property to the local government in whose jurisdiction the property is located. Such an offer shall be made to the chief elected official of that local government. If the offer is not accepted within 30 days, the Board may proceed to sell the property on the open market; (10) A public hearing for the sale of the property on the open market must be advertised at least once a week for 2 consecutive weeks in a newspaper published or circulated in each county of the State. Any proposal to purchase the property shall be delivered to the office of the Executive Secretary of the Board, or to such other place as shall be specified in the advertisement, no later than 5:00 p.m. on the last working day preceding the day fixed for the hearing, and the Board shall not consider any proposal submitted subsequent to that time. The Board shall act upon the proposals no sooner than 7 days and no more than 14 days following the hearing, during which period residents of the district may review the proposals at the office of the district during regular business hours and submit comments on the proposals. The Board shall consider such comments in acting upon the proposals. In its discretion, the Board may reject all proposals or accept a proposal subject to such modifications, except as to price, as the Board determines are appropriate; (11) A sale on the open market may be conducted by the board and administrative staff of the district or through a licensed realtor or agency who is not associated with the appraiser or any member of the board of education of that district. Any final contract for such sale shall be approved within a period of 60 days by the Director of the Office of Management and Budget, who shall confer with the Department of Education. Approval will not be withheld unless the contract is found by the Director to be unreasonable, in which event the Director shall disapprove the sale and make specific written findings for such disapproval; (12) When an offer to purchase the property at a price not less than fixed pursuant to paragraph (6) of this subsection is accepted by the board, the Facilities Management of the Office of Management and Budget shall direct that an appraisal be prepared by 2 independent appraisers licensed in Delaware who are from different firms. The amount of this confirmatory appraisal will be the average of the 2 appraisals. Any offer to purchase the property, including offers from state agencies or local governments, at a price not less than that fixed pursuant to paragraph (a)(6) of this section may be accepted by the board provided that the purchase price specified in the offer is either not less than the amount established by the confirmatory appraisal or is amended to increase to the amount established by the confirmatory appraisal; (13) The rights of bond holders shall not be jeopardized through such sale. This section shall be construed so as not to impair the rights of any bondholder, and all bonds outstanding shall remain in full force and effect according to the terms thereof; (14) No sales agreement shall be entered into until it can be demonstrated that the purchaser of the property will use the property for purposes authorized according to the zoning requirements, if any, for the area in which the property is located. If any modification of zoning requirements is necessary, those modifications must be certified to by the appropriate zoning authority prior to the conclusion of the sale; (15) a. The proceeds of sale of school district property financed, in whole or in part, with the proceeds of bonds issued by the State shall be paid to the State less costs incurred in selling the property after such costs have been met or provision for their payment has been made. The proceeds of sale attributable to the State financing of the property shall be deposited in the School Bond Reversion Account of the State in an amount that bears the same proportion to total net sale proceeds as the State’s contribution to meet the cost of the property bears to the total cost of the property. b. The remaining proceeds shall be deposited in a special fund of the State for the benefit of the selling school district. The money in those special funds shall be invested by and subject to the guidelines established by the Cash Management Policy Board separate and apart from other money invested by the Board. Interest earned, but not profit realized, from the investment of such proceeds shall be paid by the State Treasurer, not less than once nor more than 4 times in each fiscal year of the State, to the school district for which the proceeds are held, for any lawful school purpose, or reinvested pursuant to a written request to the State Treasurer from the school board for such school district. If the school board directs the reinvestment of the interest earnings, they shall become part of the corpus of such special fund. c. The corpus of the special funds shall, at the direction of the appropriate school board, be applied to retire bonds issued by the school district or to meet the school district’s local share of construction required by any school construction bond authorization act, as defined in Chapter 75 of Title 29, as amended. d. Notwithstanding any other provisions of the above subparagraphs, when it can be documented that all or a part of the property was a gift to a reorganized school district, or its antecedent, the portion of the residual representing the gift shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. That portion not identifiable as a gift shall be distributed and deposited in conformance with paragraphs (a)(15)a. and b. of this section. (b) (1) Notwithstanding § 1056 of this title, when any real property or part thereof of any reorganized school district is not then deemed necessary for school purposes, temporarily or permanently, the board of education of the district may lease such property or part thereof to any person or organization. The leasing person or organization may be required to pay a rental or fee to be determined by the board and Page 103 Title 14 - Education to assume sole responsibility for the complete maintenance and preservation of the property, including compliance with all applicable building and housing codes, so that there will be no cost or obligation to the school district for the continued ownership of such property. (2) a. Any funds raised from rent or charges collected by the school district during any lease term of 10 years or less shall be retained by the school district to be used as local funds for any permissible educational purpose. Any funds raised from rent or charges collected by the school district during any lease term of more than 10 years shall be applied to the costs of maintaining and operating the leased property, if any, with the balance to be turned over to the State Treasurer to be assigned to the State and the school district according to paragraph (a)(15) of this section. b. Notwithstanding paragraph (b)(2)a. of this section, in the event that there is any outstanding, unpaid, bonded indebtedness held by the State with respect to the building or grounds leased by a local district in accordance with this section, or any identifiable portion thereof, a prorated portion of the lease proceeds in excess of the cost of custodial salaries and utilities associated with the lease shall be turned over to the State Treasurer during any period of the lease that the bonded indebtedness held by the State remains outstanding and unpaid. The amount of such excess lease revenues payable to the State shall be equal to the lesser of: 1. The actual debt service payable by the State during any period covered by the lease; or 2. The amount of the excess revenues generated by the lease during any period that the bonded indebtedness held by the State remains outstanding and unpaid, multiplied by a fraction equal to the State share in the major capital project or projects for which the outstanding, unpaid, bonded indebtedness was originally issued. In the event that the outstanding, unpaid, bonded indebtedness relates only to an identifiable portion of the leased facility, the amount payable to the State Treasurer shall be the amount calculated in accordance with the preceding sentence, multiplied by a fraction, the numerator of which shall be the gross square footage of the identifiable portion of the leased facility which is included in the lease and the denominator of which shall be the gross square footage of the entire identifiable portion of the leased facility to which the outstanding, unpaid, bonded indebtedness relates. (3) Before leasing such property or part thereof to any person or organization for any period in excess of 12 months, and before renewing any existing lease where the original term was for 12 months or less but the original term or terms together with the proposed renewal period or periods will exceed 12 months: a. The school district board of education shall first offer to lease the property to state agencies. If, as a result of the public hearing, sufficient objections to the use of the property by a state agency have been raised, then the school district board of education may refuse to lease to a state agency. b. If no agency of state government declares an intent to lease the property within 30 days of the offer, or if the lease by a requesting state agency is denied, the school district board of education shall offer to lease the property to the local government in whose jurisdiction the property is located. If, as a result of the public hearing, sufficient objections to the use of the property by the local government have been raised, then the school district board of education may refuse to lease to the local government. c. If such local government does not declare an intent to lease the property within 30 days of the offer, or if the lease by a requesting local government is denied, the school district board of education may proceed either to offer to lease the property on the open market or enter into an agreement with a lessee, the terms of which are supported by an independent appraisal. If, as a result of the public hearing, sufficient objections to the use of the property by such third-party lessee have been raised, then the school district board of education may refuse leasing to such third party lessee. (4) No lease of property pursuant to this subsection shall be negotiated until the school district board of education has complied with the procedures set forth in paragraphs (a)(1) through (5) of this section. (5) No lease of property pursuant to this subsection shall be entered into unless the proposed use of the property is compatible with the characteristics of the neighborhood in which the property is located. (6) Should a school district contract with any person or organization to lease a classroom building during the regular school year, and specifically during normal operating hours, the State shall not be obligated to build or construct any additional space that may be needed by the school district as a result of entering into such lease. (c) No sales agreement, lease or donation of real property described within this section shall be negotiated when such property contains or is an integral part of recreational facilities, such as athletic fields or playgrounds, unless and until the board has made specific findings with respect to such facilities after discussion thereof in public forum as described in paragraph (a)(3) of this section. In the event the property was acquired or constructed with 100% state funding, then this subsection shall not apply. Assignment of funds to bond payment shall occur according to the priority schedule in paragraph (a)(15) of this section. (d) Any purchases, leases or donations not finalized as of April 8, 1982, shall be subject to all the terms and conditions described herein. (e) Notwithstanding any provision of subsection (a), (b), (c) or (d) of this section, any real property: (1) To which title is held by a reorganized school district free of any recorded liens; (2) Which was originally purchased and paid for by 100% local district funds; (3) Which is no longer needed for school purposes; and (4) From the sale of which all proceeds would be retained by the local school district may be sold by the district without first following the procedures set forth in subsection (a), (b), (c) or (d) of this section. Page 104 Title 14 - Education (f) Notwithstanding any provisions of subsection (a), (b), (c), (d) or (e) of this section, a school district may sell timber located on the real property of the school upon an affirmative vote of a majority of the members of the Board. Sixty percent of the net proceeds (after the expenses relating to the sale and any replanting of trees determined appropriate by the Board) from the sale shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. The balance of the proceeds may be utilized by the Board as part of their general fund. (g) Notwithstanding any provision of § 1056 of this title or subsection (b) of this section, when any real property or part thereof any reorganized school district is not then deemed necessary for school purposes, the board of education of the district may lease such property or part thereof to any person or organization for agricultural use. Such a lease may be in excess of 12 months without requiring the district to first offer to lease the property to State agencies, the local government in whose jurisdiction the property is located, or on the open market. The person or organization leasing such property for agricultural purposes shall be required to pay fair rental value of the property. Any funds raised by the school district for such purpose shall be retained by the school district to be used as local funds for any permissible educational purpose. (14 Del. C. 1953, § 1057; 56 Del. Laws, c. 292, § 6; 62 Del. Laws, c. 351, § 13; 63 Del. Laws, c. 191, § 4; 63 Del. Laws, c. 209, §§ 2-5; 63 Del. Laws, c. 387, § 45; 64 Del. Laws, c. 81, § 1; 64 Del. Laws, c. 254, § 1; 66 Del. Laws, c. 155, § 1; 69 Del. Laws, c. 10, § 1; 70 Del. Laws, c. 227, § 1; 71 Del. Laws, c. 6, § 3; 71 Del. Laws, c. 180, § 51; 71 Del. Laws, c. 371, §§ 1, 2; 75 Del. Laws, c. 88, §§ 16(2), 21(7), 30-32.) § 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.) § 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.) § 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.) § 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.) §§ 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. § 1064. Reorganized vocational-technical school districts. (a) The members of the school board of any reorganized vocational-technical school district shall be appointed by the Governor from the residents of such district. The school board shall be composed of 7 members. Annually, the Governor shall appoint 1 member for the term of 7 years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in Page 105 Title 14 - Education the office of any such member, caused by death, resignation, removal from the district or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be a resident of the reorganized vocational-technical school district, or that member’s office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation. (b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least 7 school board members serving pursuant to § 1061 of this title, the Governor shall appoint such members 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. Not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation. (c) The terms of the school board members shall begin July 1 following their appointments and shall continue until their successors qualify. (d) (1) If a member of the school board of a reorganized vocation-technical school district is convicted or pleads guilty or nolo contendere to a crime under § 209(a) of this title, the Governor must remove the member. (2) a. If a member of the school board of a reorganized vocation-technical school district is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges. b. If the charges under § 209(a) of this title that are the basis of the suspension under paragraph (d)(2)a. of this section are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a member of the school board. (3) If a school board member is suspended under paragraph (d)(2)a. of this section, the school board member’s seat is treated as vacant for purposes of quorum until 1 of the following occur: a. The suspended school board member resigns. b. The suspended school board member’s term expires. c. The charges that are the basis for the suspension are resolved in favor of the suspended school board member. d. The suspended school board member ceases to be a member of the school board under paragraph (d)(1) of this section. (14 Del. C. 1953, § 1064; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 187, § 5.) § 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.) § 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 Page 106 Title 14 - Education 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.) § 1066A. Elections to the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District [For application of this section, see 83 Del. Laws, c. 251, § 7]. (a) Notwithstanding anything contained in this chapter to the contrary, members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District, and the Red Clay Consolidated School District shall be elected by the procedures described herein. Elections shall be conducted in accordance with § § 1071-1086 of this title; provided, however, that: (1) The number of members for each of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 7. (2) The term of office for members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 4 years. All terms shall end on June 30 and the terms shall be staggered so that no more than 2 terms in any school district ends on any June 30. Any vacancy shall be filled for the remainder of the unexpired term in accordance with § 1054 of this title. (3) The Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District (the “districts”) each shall be divided into 7 nominating districts to be denominated districts A through G and to be denominated on the basis of their geographical proximity (i.e., district A shall be as contiguous as practicable with district B and so forth). (4) Candidates for the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall file for candidacy in accordance with § 1075 of this title, except that a candidate must be a resident of the district for the seat that candidate seeks. (5) All members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be elected by the qualified voters of the respective districts. To vote in a district election, a voter must be qualified pursuant to § 1077 of this title. No voter may vote for more than 1 candidate. (b) The nominating districts shall be drawn by the State Election Commissioner, subject to the approval of the County Board of Election and the State Board of Education. On or before January 1, 2002, the Commissioner shall draw the 7 districts for each of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District so that the nominating districts shall encompass an area in which approximately 1/7 of the total population of each district is resident. Each representative district shall, insofar as is possible: (i) be formed of contiguous territory; (ii) be nearly equal in population; (iii) be bounded by major roads, streams or other natural boundaries; and (iv) not be created so as to unduly favor any person. The data base for the determination of population in residence shall be census data from the United States Census of 2000. The Controller General’s office shall provide the Election Commissioner with its assistance upon the request of the Commissioner. (1) Not later than January 1 of the year ending in 2 in each subsequent decade (e.g., 2012), the Commissioner shall reapportion the school board nominating districts using the most recent United States census data so that the nominating districts are reapportioned in time for the elections beginning in the next year. The subsequent reapportionments shall comply, insofar as possible, with the criteria identified in subsection (b) of this section. (2) The Commissioner shall also establish for each District the sequence in which elections held pursuant to this section shall occur. To the extent consistent with the redistricting criteria set forth in subsection (b) of this section, the Commissioner shall endeavor to designate the new nominating districts and to sequence the elections so that the elections for particular nominating district seats occur in the year of the expiration of the terms of the incumbent board member or members whose constituent population in the nominating district or districts prior to the most recent reapportionment most closely conform to the constituent population in the newly reapportioned nominating district or districts. (3) The Commissioner shall, in addition to drawing the nominating districts, establishing the sequence for elections and reapportioning the nominating districts each decade, act as a continuing advisory resource for the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District in implementing the election system established by this section. The Commissioner may propose such recommendations as it deems necessary to ensure fair and Page 107 Title 14 - Education efficient school board elections in the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District. (70 Del. Laws, c. 491, § 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 122, §§ 1, 2; 74 Del. Laws, c. 204, § 1; 76 Del. Laws, c. 138, § 3; 83 Del. Laws, c. 251, § 4.) § 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.) § 1068. Indian River School Board [For application of this section, see 83 Del. Laws, c. 251, § 7]. (a) Notwithstanding anything contained in this chapter to the contrary, the School Board of Indian River School District shall be composed of 10 members. (b) The Indian River School District is hereby divided into 5 representative districts as follows: (1) District Number 1. — Beginning on Route 28 where Fleetwood Pond Branch crosses Route 28, east on Route 28, crossing Route 113 to the Georgetown town limits (1 mile circle); right on School Lane following the southern boundary of the Town to South Bedford Street; right and south on South Bedford Street to Route 318; left on Routes 318 and 321 to Route 47; right on Route 47 to Route 30; left and north on Route 30 to Gravel Hill; right at Gravel Hill on Route 18 to Route 5 at Harbeson; left on Route 5 to the presently established boundary between Indian River School District and Cape Henlopen School District; thence following the Indian River School District and Cape Henlopen School District boundary, westerly from Route 5 to the intersection of Routes 238 and 239; thence westerly on Route 238 to the North Fork of Gravelly Branch; thence southwesterly along Gravelly Branch and Collins Pond to Route 18; left on Route 18 to Route 527; right on Route 527 to its intersection with Route 526 and Route 516; thence southeasterly to the intersection of Route 529 and Route 46; easterly along Route 46 for a distance of approximately one tenth mile to a point where Tyndall Branch crosses Route 46; thence following Tyndall Branch, Fleetwood Pond, Fleetwood Pond Branch in a southeasterly direction to the beginning point on Route 28. The last portion of this description being the established boundary line of the Indian River School District and the Milford School District, the Woodbridge School District and Seaford School District. (2) District Number 2. — Beginning at a point where Fleetwood Pond Branch crosses Route 28; southeasterly along said Branch to a point where it crosses Route 444 approximately seven tenths mile north of Route 20; south on Route 444 to Route 20; left on Route 20 to Jones Crossroads; thence southeasterly in a straight line between Jones Crossroads and Pusey’s Crossroads to a point on Route 74 approximately 1.1 mile west of its intersection with Route 20; left on Route 74 to Route 20; right on Route 20 to Route 113 (Bob’s Diner) crossing Route 113 to State Street and continuing on State Street easterly to Betts Mill Pond Bridge; thence following this stream and the south bank of the Millsboro Pond to the Mill Dam at Route 24; thence easterly along Route 24 to the Herring Creek Branch; thence following the established boundary between Indian River School District and Cape Henlopen School District westerly and northerly following a portion of the Beaverdam Creek and Route 259 to its intersection with Route 5. The remaining portion of District Number 2 shall be described by the southern boundary of District Number 1. (3) District Number 3. — Beginning at a point 1.1 mile west of Route 20 on Route 74; thence along the established boundary line between Indian River School District and Laurel School District to Pusey’s Crossroads at Route 472; left on Route 472 to a point where the Pocomoke River reaches Route 472; thence southeasterly along the Pocomoke River to Route 424; right on Route 424 to Route 24; left on Route 24 to Route 25; right on Route 25 to Route 26; left on Route 26 to Route 113; right and south for a distance of approximately .5 mile to the southern boundary of the Town of Dagsboro; thence easterly along the town boundary line to Pepper Creek; thence north and east along Pepper Creek to Indian River Bay and Rehoboth Bay to Herring Creek; thence westerly along Herring Creek to Route 24. The remaining northern boundary for District Number 3 shall coincide with the description of the southern boundary of District Number 2. (4) District Number 4. — Beginning on Route 113 at its intersection with Route 26; south on Route 113 to Frankford; thence following the southern boundaries of Frankford and Vines Creek to the place where Vines Creek crosses Route 54; thence east along Route 54 to Route 382 (Omar); right on Route 382 through Roxana to Route 382A; right on Route 382 to Route 389; right on Route 389 to Route 396; right on Route 396 to the Delaware and Maryland state line. The remaining boundaries of this District are as follows: The southern boundary is the Delaware and Maryland state line; the eastern boundary is the Atlantic Ocean; the northern boundary is the Indian River Bay from Indian River Inlet to Pepper Creek and the southern boundary of the Town of Dagsboro as described as the southern boundary of District Number 3. Page 108 Title 14 - Education (5) District Number 5. — Beginning on Route 413B at its intersection with Route 24; south on Route 413B; thence following the established boundary line between Indian River School District and Delmar School District through Pepper Box and Whitesville to the Delaware-Maryland line; thence easterly along the Delaware-Maryland line to Route 396 at Williamsville; thence northerly to Dagsboro following the here described westerly boundary of District Number 4 and westerly through Mission following the southern boundary of District Number 3 herein described. (c) At the regular school election in 1973 the qualified electors shall choose 1 member from Representative District No. 2 for a term of 2 years; 1 member from Representative District No. 3 for a term of 5 years; and 1 member from Representative District No. 5 for a term of 3 years. (d) At the regular school election in 1974 the qualified electors shall choose 1 member from Representative District No. 1 for a term of 3 years; 1 member from Representative District No. 2 for a term of 4 years; 1 member from Representative District No. 4 for a term of 5 years; and 1 member from Representative District No. 5 for a term of 5 years. (e) All subsequent school board elections shall follow the schedule herein listed: YEAR 1975 1975 1976 1976 1977 1977 1978 1978 1979 1979 DISTRICT District No. 1 District No. 2 District No. 3 District No. 5 District No. 4 District No. 1 District No. 2 District No. 3 District No. 4 District No. 5 TERM 5 Years 5 Years 5 Years 5 Years 5 Years 5 Years 5 Years 5 Years 5 Years 5 Years (f) Each school board member shall be elected for a term of 4 years, commencing on July 1 following the school board member’s election, except when such election is to fill an unexpired term, as provided in this chapter, until a successor has been elected and duly qualified. (g) All members of the Board of Education of Indian River School District shall be elected from the several representative districts in which they reside by the qualified electors of those districts. Each member of the Board of Education shall be a resident of the Indian River School District and of the representative district from which that member is elected. All qualifications to be a member of the Board of Education shall be continuing qualifications and the failure of any member of the Board of Education to have any of the qualifications required by this title during that member’s term of office shall create a vacancy in the office. (14 Del. C. 1953, § 1068; 59 Del. Laws, c. 38, § 1; 65 Del. Laws, c. 312, § 1; 70 Del. Laws, c. 84, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 333, § 1; 83 Del. Laws, c. 251, § 5.) § 1069. School Board for Cape Henlopen School District [For application of this section, see 83 Del. Laws, c. 251, § 7]. (a) Notwithstanding anything contained in this chapter to the contrary, the School Board of the Cape Henlopen School District shall be composed of 7 members. (b) The Cape Henlopen School District is hereby divided into 4 areas as follows: (1) Area A. — Beginning at a point on the shoreline of the Delaware Bay between Broadkill Beach and Roosevelt Inlet near where the Broadkill River runs in an east-westerly direction; thence following a westerly direction through the middle of the Broadkill River to the midpoint of the confluence of Beaverdam Creek; thence in a southerly direction through the middle of Beaverdam Creek to the boundary line of Cape Henlopen School District; thence following the boundary of Cape Henlopen School District first in a westerly direction and extending to the shoreline of Delaware Bay in the vicinity of Fowlers Beach; thence in a southerly direction to the beginning point. (2) Area B. — Beginning at a point on the shoreline of the Delaware Bay intersected by a perpendicular line running through and extended from the middle of Route 9 on Lewes Beach; thence following a westerly direction through the middle of Route 9 until the intersection of Route 261; thence in a southerly direction through the middle of Route 261 until the intersection of Route 285; thence in a southerly direction through the middle of Route 285 to the intersection of Route 5; thence southerly through the middle of Route 5 until the intersection with the District’s boundary: thence following the District’s boundary first in a westerly then northerly direction until the boundary connects to the same point where Area A’s boundary intersects with Route 259 and Beaverdam Creek; thence following the same boundary for Area A to the Delaware Bay; thence in a southerly direction along the shoreline of Delaware Bay to the beginning point. (3) Area C. — Beginning at the same point on the shoreline of Delaware Bay as Area B and following the same boundary of Area B in a westerly and then southerly direction until the line meets the District boundary; thence in an easterly direction along the District Page 109 Title 14 - Education boundary to a point on the boundary which is directly grid south of the tip of Bald Eagle Point; thence in a northwesterly direction, offshore of land, through the center of Love Creek to the intersection of Route 24; thence in a northeasterly direction through the center of Route 24 until the intersection of Route 1; thence for a short distance in a southerly direction through the center of Route 1 until the intersection of Route 270; thence in a northeasterly direction through the center of Route 270 until the termination of Route 270 near the sewage treatment plant; thence in a grid easterly direction to the shoreline of the Atlantic Ocean; thence in a northerly direction along the shoreline of the Atlantic Ocean and then in a westerly direction along the shoreline of the Delaware Bay to the beginning point. (4) Area D. — Beginning at a point where the Indian River Inlet and the Atlantic Ocean converge; thence in a westerly and then northerly direction until the line meets the point of intersection for Area C and the District boundary; thence following the same boundary for Area C in a northerly and then easterly direction until the line meets the shoreline of the Atlantic Ocean; thence in a southerly direction to the beginning point. (c) School board members shall be elected in the following manner: (1) At the regular school election in 1997, the qualified electors in the school district shall choose 1 member who is a resident of Area D. The member shall serve a term of 1 year. (2) At the regular school election in 1998, the qualified electors in the school district shall choose 1 member who is a resident of Area A. One member shall be elected from Area D and shall serve a term of 4 years. (3) At the regular school election in 1999, the qualified electors in the school district shall choose 1 member who is a resident of Area C and 1 member who is a resident of the district at large. (4) At the regular school election in 2000, the qualified electors in the school district shall choose 1 member who is a resident of Area B and 1 member who is a resident of the district at large. (5) At the regular school election in 2001, the qualified electors in the school district shall choose 1 member who is a resident of the district at large. (6) All subsequent school board elections shall follow a schedule with a 5 year sequence as herein listed and thereafter: 2002 — Elect 1 member who is a resident of Area D. 2003 — Elect 1 member who is a resident of Area A. 2004 — Elect 1 member who is a resident of Area C and 1 member who is a resident of the district at large. 2005 — Elect 1 member who is a resident of Area B and 1 member who is a resident of the district at large. 2006 — Elect 1 member who is a resident of the district at large. (7) Except for the shortened term of Area D for 1 year from 1997 to 1998 and Area D for 4 years from 1998 to 2002, thereafter, each school board member shall be elected to a term of 4 years. An exception shall be when such election is to fill an unexpired term as provided in this chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on July 1 following the election. (8) The notice of candidacy filed by each candidate qualified to be a school board member shall provide a declaration of intention as to whether the candidate is to serve at large, if elected, or if the candidate is to serve from the candidate’s legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Filings in either case shall be by residents of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly filed shall be listed alphabetically in appropriate groupings by area and/or “at large.” If in a given year when notices of candidacy may be filed for members living in a specific area and no filings are so made, and if during that given year a notice of candidacy may also be filed for a member to serve “at large,” the member “at large” living in the area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates who had filed a notice of candidacy to serve “at large,” then the person receiving the second highest number of votes shall be declared duly elected to the position “at large” in the school district. (9) In all school board elections, board members shall be chosen at the election by qualified electors of the entire school district thereof. (10) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section. (14 Del. C. 1953, § 1069; 59 Del. Laws, c. 24, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 21, § 1; 74 Del. Laws, c. 122, §§ 3-7; 83 Del. Laws, c. 251, § 6.) § 1070. School Board for Milford School District. Notwithstanding anything contained in this chapter to the contrary, the School Board of the Milford School District shall be composed of 7 members. Three members shall be elected at large from the reorganized Milford School District and 1 board member shall be elected from each of the 4 areas “A,” “B,” “C” and “D” described in paragraph (1) of this section. (1) The Milford School District is hereby divided into 4 areas as follows: a. Area A. — Beginning at the intersection of Roads 396 and 395 proceed southeast along the center of Road 396 to Route 14; east along the center of Route 14 to the intersection of Route 113; north along the center of Route 113 to the point where Route 113 Page 110 Title 14 - Education intersects with Swan Creek; east along the center of Swan Creek to the Mispillion River and thence along the center of the Mispillion River to the Delaware Bay. Thence follow the shore line of Delaware Bay north to the Murderkill River; thence southwest along the common boundary between the Milford and Lake Forest School Districts to the intersection of Roads 396 and 395. b. Area B. — Beginning at the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts, proceed northeast along the center of Road 594 to the intersection of Road 42; north along the center of Road 42 to a point .2 miles south of Road 207; thence due east to the Herring Branch. Follow along Herring Branch to the point where it intersects with Route 113; thence north along the center of Route 113 to the intersection of Route 14; west along the center of Route 14 to Road 396; northwest along the center of Road 396 to the Milford-Lake Forest School District boundary. Thence follow the existing common boundary south between the Milford-Lake Forest and Woodbridge School Districts to the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts. c. Area C. — Beginning at the point where the Mispillion River enters the Delaware Bay, proceed westward along the center of the Mispillion River to Swan Creek; west along the center of Swan Creek to the point where it intersects with Route 113; south along the center of Route 113 to the point where Route 113 intersects Herring Branch (near Lincoln); proceed along the Branch northeast to the Milford city line; continue following the branch east and south to a point where the branch intersects Road 211; southeast along the center of Road 211 to Road 207; northeast along the center of Road 207 to Road 30; southeast along the center of Road 30 to the northeast corner of Cedar Creek Millpond; proceed east along the common boundary between the Milford and Cape Henlopen School Districts to the Delaware Bay; north along the Delaware Bay coastlines to the point where the Mispillion River enters the Bay. d. Area D. — Beginning at the northeast corner of Cedar Creek Millpond proceed directly northwest along the center of Road 30 to the point where Roads 30 and 207 intersect; thence southwest along the center of Road 207 to the point where Roads 207 and 211 intersect; thence northwest along the center of Road 211 to a branch being the northeast boundary of the James Deputy property; continue northwest along this branch to the Milford city line; west along the city line to Herring Branch; follow Herring Branch southwest to a point approximately .2 miles south of Road 207; thence follow a line directly west to Road 42; south along the center of Road 42 to Road 594; southwest along the center of Road 594 to the present boundary of the reorganized Milford School District. Thence follow the existing common boundary between Milford and the Woodbridge, Indian River, and Cape Henlopen School Districts to the northeast corner of Cedar Creek Millpond. (2) School Board members shall be elected in the following manner: a. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area A for a term of 4 years; b. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area B for a term of 5 years; c. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area C for a term of 2 years; d. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area D for a term of 3 years; e. At large board members shall be chosen in accordance with the schedule contained in paragraph (3) of this section. No at large board members will be chosen at the regular school election in 1974. An at large board member is any resident of Milford School District who meets other qualifications for school board membership as determined elsewhere in this chapter. Area designation is not applicable to at large board members. (3) Beginning with the regular school election in 1975, school board members shall be elected in accordance with the following schedule: Election Year 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 Designated Area Seats None C D A B None C D A B Term — 5 yr. 5 yr. 5 yr. 5 yr. — 5 yr. 5 yr. 5 yr. 5 yr. At Large Seats 1 1 1 1 None 1 1 1 1 None Term 5 yr. 5 yr. 5 yr. 5 yr. — 5 yr. 5 yr. 5 yr. 5 yr. — (4) The notice of candidacy filed by each candidate qualified to be a school board member shall provide a declaration of intention as whether the candidate is to serve at large, if elected, or if the candidate is to serve from that candidate’s own legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Filings in either case shall be by residents Page 111 Title 14 - Education of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly filed shall be listed alphabetically in appropriate groupings by area and/or at large. If in a given year when notices of candidacy may be filed for members living in a specific area and no filings are so made, and if during that given year a notice of candidacy may also be filed for a member to serve “at large,” the member “at large” living in the area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates who had filed a notice of candidacy to serve “at large,” then the person receiving the second highest number of votes shall be declared duly elected to the position “at large” in the school district. (5) In all school board elections board members shall be chosen at the election of qualified electors of the entire school district thereof. (6) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section. (59 Del. Laws, c. 286, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 122, §§ 8-12; 80 Del. Laws, c. 199, § 1.) Subchapter IV Elections in Reorganized School Districts § 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.) § 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.) Page 112 Title 14 - Education § 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.) § 1074. Notice of election. (a) The Department of Elections conducting a public school election for the purpose of electing members to a board of education shall give notice of such election by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. Such notices shall plainly set forth the office or offices to be filled, the date, the time and the place or places of the election. The Department shall also post the notices on its website for 21 days prior to the election. (b) School districts shall give notice of elections conducted in accordance with Chapters 19, 20 and 21 of this title by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. For elections conducted under the provisions of Chapter 19 of this title, such notices shall plainly set forth the amount to be raised, the proposed rate of taxation, the purpose or purposes for the proposed additional taxes, the date, the time and the place or places of the election. For elections conducted under the provisions of Chapters 20 and 21 of this title, such notices shall plainly set forth the amount of the bonds proposed to be issued, the purposes and reasons for the bond issuance, the amount of each annual tax increase that would be imposed as a result of the proposed bond issuance, the application of any gifts or any other money on hand which are not required by law to be used for some other purpose to any major capital improvement project or project for which the bonds may be issued, and the date, time and place or places of the election. The school district shall also post the notices of elections conducted under the provisions of Chapters 19, 20 and 21 of this title on its website for 21 days prior to the election. The department conducting the elections shall also post the notice on its website for 21 days prior to the election. (c) The notices to be placed on each school building as required by subsections (a) and (b) of this section shall be posted on or near the front door of each school building in the school district in which an election is being held at least 21 days prior to the date of the election. The notices shall remain posted until the day following the election. (d) In the case of an election for consolidation or division of a reorganized school district or districts, as the case may be, or for the changing of the boundaries of a reorganized school district, the notice of the election shall be by the Department of Elections in accordance with this chapter. (e) At least 40 days prior to the date of an election to be conducted under Chapter 19, 20 or 21 of this title, school districts shall provide to the Department of Elections conducting the election a certified copy of the notice required by subsection (b) of this section and an affidavit signed by the Superintendent of the school district that the notice complies with the provisions of subsection (b) of this section. The Department of Elections shall determine whether the notice contains the information required by subsection (b) of this section and shall promptly notify the school district of any omission in the notice. If, at least 30 days before the date of the election, the school district has failed to cure any omission, the Department of Elections shall be authorized to cancel the election and such cancellation, if any, shall be effective upon written notice to the superintendent of the school district. (14 Del. C. 1953, § 1074; 56 Del. Laws, c. 292, § 6; 59 Del. Laws, c. 507, §§ 1, 2; 70 Del. Laws, c. 515, §§ 26, 27; 74 Del. Laws, c. 122, § 16; 76 Del. Laws, c. 138, § 4; 77 Del. Laws, c. 226, §§ 1- 4.) § 1075. Filing of candidacy for school board member; withdrawal of candidacy. (a) (1) a. No later than 4:30 p.m. on the first Friday in March, candidates for election to a board of education shall file a notice of candidacy on the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections responsible for conducting the election. If the last day of filing is a legal holiday, the last day for a person to file is the first business day next that is not a Saturday, Sunday, or a legal holiday. b. A candidate must request the background checks required under § 209 of this title and provide proof that the background checks have been requested under § 309 of Title 31 with the notice of candidacy under paragraph (a)(1)a. of this section. c. A candidate who files a notice of candidacy under paragraph (a)(1)a. of this section is considered a provisional candidate for election to a board of education until the Commissioner of Elections has made the determination under paragraph (a)(4)a. of this section. Page 113 Title 14 - Education (2) The State Bureau of Identification and the Department of Services for Children, Youth and Their Families must provide the results of the background checks requested by a candidate under paragraph (a)(1)b. of this section, to the Commissioner of Elections within 15 days of the candidate’s request, under § 309(e)(5)a. of Title 31. (3) Information obtained by the Commissioner of Elections under paragraph (a)(2) of this section is confidential and is not a public record under Chapter 100 of Title 29. (4) a. The Commissioner of Elections must determine that an individual is qualified under § 209 and § 1052 of this title before the individual may be considered a candidate for election to a board of education. b. The Commissioner of Elections must disclose the names of provisional candidates under paragraph (a)(1)c. of this section. (5) The cost of the criminal background and Child Protection Registry checks required under paragraph (a)(2) of this section are allowed fees for placing the name of the candidate on a ballot under § 8020 of Title 15. (b) In the event that there is only 1 candidate for the election of a school board member, the Department of Elections conducting the election shall declare the candidate elected, shall not hold an election for that seat, and shall issue a certificate of election to that candidate. (c) A person may withdraw as a candidate by filing the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections conducting the election. (1) If the withdrawal creates a circumstance where there is no contest for a school board seat and there are no other school board seats or questions on the ballot, the Department of Elections conducting the election shall cancel the election. (2) If there are at least 2 remaining candidates for the office and/or there are other offices or questions on the ballot, the Department of Elections conducting the election shall, time permitting, make new ballots. (3) If time does not permit to make new ballots, the Department of Elections conducting the election shall take such action as is possible to inform the voters at the polling place of the withdrawal. (4) If there are 2 remaining candidates for the office and there are 7 or more days prior to the date of the election, the Department of Elections conducting the election shall mail new absentee ballots to all persons who had voted by absentee ballot or had not returned absentee ballots mailed to them. If the replacement ballots are not returned by the close of the polls on the day of the election, the earlier ballot shall be counted. Votes shall not be tallied for persons who have withdrawn their candidacy. (5) Any votes cast for a person who has withdrawn as a candidate shall be considered null and void and shall not be tallied, canvassed or reported. (d) The county Departments of Elections shall give notice of the deadline for filing as a candidate for a seat on a board of education by notices published in at least 1 newspaper with countywide circulation or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 3 weeks prior to the filing deadline. The last publication of the aforesaid notice shall be not more than 3 days before the filing deadline. Such notices shall plainly set forth the office or offices to be filled, the deadline for filing a notice of candidacy, and the location at which candidates shall file their notice of candidacy. (14 Del. C. 1953, § 1075; 56 Del. Laws, c. 292, § 6; 59 Del. Laws, c. 507, § 3; 65 Del. Laws, c. 247, § 1; 70 Del. Laws, c. 515, §§ 28, 29; 74 Del. Laws, c. 122, § 17; 77 Del. Laws, c. 226, § 5; 83 Del. Laws, c. 187, § 6; 84 Del. Laws, c. 30, § 1.) § 1076. Voting machines; election supplies; cost. (a) School elections shall be conducted by the use of voting machines. (b) The Department of Elections conducting the election shall cause to appear on the machines next to the appropriate selection device the following: (1) For the election of school board members, the names of all filed candidates shall be listed alphabetically without political party designation. (2) For consolidation, division or change of boundaries of reorganized school districts the voting machine shall briefly state the question and provide for voting for or against the proposal, with such words: For the proposal Against the proposal (3) For elections conducted in accordance with Chapter 19, 20 or 21 of this title the appropriate selection language. (c) The Department of Elections conducting the election shall supervise the setting for the machines to denote the choices indicated in subsection (b) of this section and shall in advance of the date of the election instruct the designated election officers in the proper use of the machines. (d) The needed election supplies shall be provided by the Department of Elections conducting the election. (e) The cost of necessary election supplies shall be paid by the Department of Elections conducting the election. (f) Any reorganized school district shall use voting machines and the appropriate department of elections shall pay the transportation for the voting machines and other necessary charges for the use of such voting machines. While conducting an election or referendum for any public school district, the district may not charge rent or custodial fees associated with the use of its space. Sufficient heat, when Page 114 Title 14 - Education needed to maintain a minimum 68 degree Fahrenheit temperature for such facilities, shall be provided for the conduct of an election or referendum. For the clarification of county department of elections’ costs relating to public school district elections, Smyrna School District and Milford School District elections will be conducted by the Kent County Department of Elections and Woodbridge School District elections will be conducted by the Sussex County Department of Elections. (g) In case of an election for the consolidation, division or change of boundaries of a reorganized school district, all preparation for and cost of the election shall be borne by the department of elections that conducts said election or elections. (14 Del. C. 1953, § 1076; 56 Del. Laws, c. 292, § 6; 66 Del. Laws, c. 359, § 3; 70 Del. Laws, c. 515, §§ 1-4, 7, 30; 73 Del. Laws, c. 312, § 233; 73 Del. Laws, c. 321, §§ 1, 325; 74 Del. Laws, c. 122, §§ 18-24.) § 1077. Qualified voters. Every citizen 18 years of age or over and a resident of the reorganized school district shall be eligible to vote at the school election in the reorganized school district in which that citizen resides, whether or not that citizen is at the time a registered voter for purposes of a general election. (14 Del. C. 1953, § 1077; 56 Del. Laws, c. 292, § 6; 58 Del. Laws, c. 411; 68 Del. Laws, c. 220, § 1; 70 Del. Laws, c. 186, § 1.) § 1078. Determination of qualifications of the voter. For the purpose of determining whether a person offering to vote at a school election is in fact the person he or she claims to be and is qualified to vote, that individual shall complete an affidavit, promulgated by the Commissioner of Elections, which shall affirm that the individual offering to vote is a qualified voter of the school district pursuant to § 1077 of this title. If it can be determined by a majority opinion of the inspector and both judges assigned to that polling place that the individual offering to vote has met the qualifications for that school election pursuant § 1077 of this title, then said individual shall be permitted to vote. Otherwise, an election official shall require the person offering to vote to produce reasonable identification of himself or herself and their place of residence in the school district. The said identification may be: (1) Delaware driver’s license; (2) Delaware ID card; (3) Work ID card with photo and address; or (4) U.S. postal material. If a vote is objected to for the reason that the person offering to vote is not qualified to vote in that school election, its admission or rejection shall be determined according to the opinion of a majority of the inspector and both judges assigned to that polling place. (14 Del. C. 1953, § 1078; 56 Del. Laws, c. 292, § 6; 59 Del. Laws, c. 231, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 515, §§ 8, 9; 71 Del. Laws, c. 446, § 1; 74 Del. Laws, c. 122, §§ 25, 26.) § 1079. Bribery. (a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for giving or withholding or in any manner influencing the giving or withholding a vote at any public school election, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the oath or affirmation as provided for in § 4940 of Title 15. (b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereon shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section shall be competent evidence in any proceeding against the party making the same. (74 Del. Laws, c. 122, § 27.) § 1080. Method of voting. (a) For the election of school board members, a voter shall not vote for more candidates than there are school board memberships to be filled in the election. If only 1 school board member is to be elected, a voter shall vote for only 1 candidate. The voter shall place a mark in the square after the name of the candidate or candidates for whom the voter desires to vote, or, in the case where a voting machine is used, take the appropriate action on the machine as described in the posted instructions for the operation of said machine. (b) For the consolidation, division or change of boundaries of a reorganized school district, the voter shall place a mark in the square after the item that expresses that voter’s choice, or, in the case where a voting machine is used, take the appropriate action on the voting machine as described in the posted instructions for the operation of said machine. (c) The voter expresses the voter’s own intent on an absentee ballot as follows: (1) Making a distinct mark in the square provided to the right of the name of the candidate or response to a question. (2) If the voter indicates the voter’s own choice in a manner other than the manner specified in paragraph (c)(1) of this section the election officers shall attempt to determine the intent of the voter. If it is not possible to determine a voter’s choice for an office or Page 115 Title 14 - Education response to a question, the ballot shall not be counted for that office or question but shall be counted for all other offices and questions on the ballot where the voter’s intent can be determined. (3) If a ballot is marked for more names or responses than are permitted, it shall not be counted for that office or question but shall be counted for all other offices or questions on the ballot. (4) If a ballot has been defaced or torn by a voter so that it is impossible to determine the voters choice for 1 or more offices or questions, it shall not be counted for such offices or questions but shall be counted for all other offices and questions on the ballot. (14 Del. C. 1953, § 1080; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 122, § 28.) § 1081. Official record. (a) The Commissioner of Elections, in consultation with the county Departments of Elections, shall promulgate a Voter Eligibility Affidavit for Public School Elections that all voters in public school elections shall complete before voting. The aforesaid affidavit shall be printed as a 1-part form. The Commissioner of Elections and the county Departments of Elections shall at least once every 2 years meet to review the Voter Eligibility Affidavit for Public School Elections. Upon approval of a new version of the affidavit, existing supplies of affidavits shall be used until exhausted. (b) As soon as possible after the close of a public school election the Department of Elections conducting the election shall check for persons who voted more than once by putting the completed Voter Eligibility Affidavits for Public School Elections into alphabetic order. The department shall refer any instances of persons voting more than once in a public school election to the Attorney General. (c) The Department of Elections conducting the election shall make the affidavits available to the respective school district upon request and at no cost. The Department may satisfy this requirement by providing a copy of the affidavits to the school district. School districts that receive affidavits from a department shall return them to the Department no later than 90 days after receiving them. (d) The affidavits and all other records of a public school election shall be retained for 5 years and then destroyed. (74 Del. Laws, c. 122, § 29; 75 Del. Laws, c. 108, § 1; 77 Del. Laws, c. 226, § 6.) § 1082. Procedure at the polling place. (a) Upon arriving at a polling place, a person shall complete a Voter Eligibility Affidavit for Public School Elections attesting to the voter’s eligibility to vote in the public school election and then present the aforesaid affidavit and proof of the voter’s identity and address as required in § 1078 of this title to an election officer. (b) Upon being presented an affidavit and proof of the voter’s identity by a person, the election officer shall then legibly print the name of the person onto a poll list, determine whether or not the person is eligible to vote in the election, and then annotate the affidavit as to whether or not the person shall be permitted to vote. If the person does not offer reasonable proof of identity and address as required in this section, the person may be permitted to vote by majority vote of the inspector and both judges. Poll lists created as required above shall be retained by the Department of Elections that conducted the election for 1 year following the day of the election. At the end of the aforesaid year, the poll lists shall be destroyed. (c) If the election officer determines that the person is not eligible to vote in the election, the election officer shall refer the person to the inspector and both judges. The inspector and both judges after hearing and considering evidence shall by majority vote determine whether or not to permit the person to vote. Upon making the decision, the inspector shall appropriately annotate the affidavit and poll list. If the person is not permitted to vote, the inspector shall direct the person to depart the polling place and then the inspector shall file the affidavit in the appropriate place. (d) If a person’s eligibility to vote is challenged by anyone for any reason, the inspector and both judges shall immediately hear and consider the evidence and then by majority vote decide whether or not the person is eligible to vote. Once the inspector and both judges have made their decision, there is no appeal at the polling place. The person shall either be permitted to vote, or shall not be permitted to vote and directed to depart the polling place. A person who has not been permitted to vote may appeal the decision of the inspector and both judges to the county director or, in the county director’s absence, to the deputy county director for the Department of Elections conducting the election. (e) Upon hearing the evidence of an appeal by a voter, the county director or deputy county director for the Department of Elections conducting the election shall rule on the appeal. A person whose appeal is successful shall be permitted to vote at the polling place or by absentee ballot at the Department of Elections conducting the election. (14 Del. C. 1953, § 1082; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 515, § 12; 74 Del. Laws, c. 122, § 30; 81 Del. Laws, c. 79, § 18.) § 1083. Counting ballots; tie vote; certification of election. (a) The Department of Elections conducting an election in accordance with this title shall compile and announce the unofficial results as soon as possible after the close of the election. No later than 15 days following the close of a public school election, the Department of Elections conducting the election shall canvass the vote and certify the results of the election as provided in subsection (d) of this section. For the election of school board members, the persons receiving the highest number of votes shall be declared duly elected to Page 116 Title 14 - Education the position of school board member. The Department of Elections conducting the election shall keep the certificate of the results of each public school election conducted under this title as a public record in their offices. (b) In case of a tie: (1) For the election of school board members, no later than the third Saturday in June following the May election, another election shall be held in accordance with this chapter to decide which of the candidates so tied shall be elected school board member; (2) For an election pursuant to Chapter 19, 20 or 21 of this title and for elections to determine a consolidation, division or change of boundaries of a reorganized school district, another election shall be held not less than 30 days nor more than 60 days after the date of the tied election, in accordance with this chapter, in order to break the tie. (c) The Department of Elections conducting the election shall give a certificate of election to each person elected to the office of school board member. (d) Certification requirements. — (1) In the case of an election pursuant to Chapter 10 or 19 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district no later than the 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day. (2) In the case of an election pursuant to Chapter 20 or 21 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day. (3) In the case of an election to determine a consolidation, division or change of boundaries of a reorganized school district, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than l6 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day. (e) Within 96 hours following the certification of a public school election, 25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or 1/2 of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. The Department of Elections that conducted the elections shall: (1) Examine the voting machine tape from each voting machine used in the election and determine if the results were properly reported. The department shall then correct any results that were incorrectly reported. (2) Examine the absentee vote tally sheets and determine if errors were made in reporting the absentee vote. The department shall then correct any errors in the reporting of the absentee votes. (3) Count or cause to be counted all absentee ballots that were cast in the election and correct any errors in the tally that had been reported. (4) Certify or, if necessary, recertify the recompiled results as required by this title. (14 Del. C. 1953, § 1083; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 515, § 13; 71 Del. Laws, c. 180, § 53; 74 Del. Laws, c. 122, §§ 31-34.) § 1084. Certificate of election; type and form; preservation of records. (a) The type and form of the certificate of election and all other school election documents shall be determined by the Commissioner of Elections, in consultation with the county Departments of Elections, and shall be uniform throughout the State. (b) The several departments of elections shall have and retain custody of all books, maps, forms, oaths of office and of removal, blanks, instructions and all other records and supplies of every kind or description pertaining to any school election conducted by the respective department for 1 year following the close of the election. (14 Del. C. 1953, § 1084; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 515, § 14-16; 74 Del. Laws, c. 122, § 35.) § 1085. Penalty for illegal voting in school elections. Whoever votes at any school election, including elections pursuant to Chapters 19, 20 and 21 of this title, without possessing the qualifications prescribed by this subchapter, or having once voted, votes or attempts to vote or offers to vote again, or violates any of the other provisions of this subchapter or Chapter 19, 20 or 21 of this title shall, for each offense, be fined or imprisoned, or both, in accordance with the regular elections laws of this State. (14 Del. C. 1953, § 1085; 56 Del. Laws, c. 292, § 6; 77 Del. Laws, c. 226, § 7.) § 1086. Absentee voting. (a) Any individual qualified to vote in a school district election who shall be unable to appear to cast their ballot at the polling place of their school district on the date of the election may cast their vote by absentee ballot provided that the voter qualifies under 1 of the Page 117 Title 14 - Education provisions of § 5502 of Title 15 and files a statement under § 5503 of Title 15, in a form prescribed by the State Commissioner of Elections, with the appropriate county department of elections by 12:00 noon, local time of the day prior to the election. (b) The Commissioner of Elections, in consultation with the Department of Elections for the counties, shall promulgate an absentee voting system that shall include envelopes and instructions similar to those provided for in Chapter 55 of Title 15. The Department of Elections responsible for conducting a public school election within a reorganized school district shall prepare the appropriate absentee ballots for any election conducted in accordance with this title. Upon receipt of the executed statement under § 5503 of Title 15, by at least 12:00 noon of the day prior to the election, the department of elections shall: (1) Deliver an official ballot to the elector if the elector personally appears at the appropriate department of elections office; or (2) Follow the instructions contained within the elector’s statement to mail the official ballot and instructions to the elector; provided, that the statement is received by the department of elections by at least 12:00 noon, local time, of the fourth day prior to the election. (3) Nothing contained in this subsection shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12:00 noon, local time, of the day prior to any school election when the request is made less than 3 days prior to the day of the election. (4) All absentee ballots must be returned to the appropriate department of elections prior to the closing of the polls on the day of the election. All absentee ballots received after the closing of the polls shall be voided and not opened. Each absentee ballot received in this manner shall be stamped with the date and time it was received and initialed by a representative of the department and retained as part of the official election record. (c) All absentee ballots received by the Department of Elections conducting the election prior to the close of the polls on the day of the election shall remain sealed and held within that Department of Elections until such time that the absentee votes are to be counted. (d) The Department of Elections conducting the election may appoint one or more boards of election officers to tally the absentee votes for a public school election within the offices of that Department of Elections and/or designate 1 or more polling places to tally the aforesaid absentee ballots. The tallying of the absentee ballots may commence no earlier than 10 a.m. on the day of the election. The absentee tally shall remain secret until after the close of the polls on the day of the election at which time the results shall be added to the election results. Anyone violating that secrecy shall be punished as provided by law. (e) All absentee voting records, materials, and ballots shall be retained by the Department of Elections conducting the election for 1 year following the close of the elections. At the end of the said year, the ballots, materials and other absentee voting records shall be destroyed. (67 Del. Laws, c. 447, § 1; 69 Del. Laws, c. 271, §§ 1, 2; 70 Del. Laws, c. 515, §§ 16-22; 74 Del. Laws, c. 122, §§ 36, 37; 81 Del. Laws, c. 425, §§ 6, 7.) § 1087. Electioneering. Electioneering as described in § 4942 of Title 15 is prohibited in any public school election. (74 Del. Laws, c. 122, § 38.) § 1088. Persons permitted in the voting room. (a) No persons, other than members or employees of the Department of Elections conducting the election who shall be identified by a badge issued by that Department of Elections, the Commissioner of Elections and/or employees of the Office of the Commissioner of Elections who shall be identified by a badge issued by the Commissioner of Elections, appointed election officers, authorized challengers in accordance with § 1089 of this title, or persons voting or waiting to vote, shall be admitted within the voting room. Other persons necessary to the conduct of the election may be admitted within the voting room or within 50 feet of the entrance thereof upon first obtaining consent from the inspector, except as provided in subsection (b) of this section. (b) Person or persons with other business within the building in which a polling place for a public school election is located may pass through the polling place area or by the room in which the polling place is located so as not to interfere with the conduct of the election. Such person or persons shall not loiter within 50 feet of the polling place, talk to any person or persons waiting to vote, promote any candidate or side to an issue, or in any other manner interfere with voters or disrupt the polling place. The inspector shall take those steps necessary to maintain order within the polling place as well as enforce § 1087 of this title and subsection (a) of this section. (c) A voter may be accompanied by 1 or more children not more than 16 years of age. Any challenge to the age of any child shall be resolved by the voter signing an affidavit certifying that the child in question is not more than 16 years of age. (74 Del. Laws, c. 122, § 39.) § 1089. Challengers and challenges. (a) For school board member elections, each candidate on the ballot may appoint and accredit 1 or more suitable persons as challengers. One challenger from each candidate on the ballot may be present inside each polling place to observe the conduct of the election and all election records. The challengers may be changed and their places filled in like manner during the day. Each challenger shall present a challenger authorization for that particular election signed by the candidate before being permitted to sit as a challenger. (b) For all other public school elections, 5 persons at a time may act as challengers. Persons desiring to sit as a challenger shall ask the inspector in the polling place for permission to serve as a challenger. If fewer than 5 persons are sitting as challengers, the person Page 118 Title 14 - Education shall be seated after completing the challenger identification form. If 5 persons are already seated, no person shall be seated until 1 of the seated persons has left the polling place. Any challenger who leaves the polling place for any reason shall immediately surrender the challenger’s own challenger badge to the inspector and shall be replaced by a person waiting to be seated as a challenger. (c) A person serving as a challenger shall be issued a challenger badge that the challenger shall wear while in the polling place. If the person leaves the polling place the challenger shall surrender the badge to the inspector and for school board member elections retrieve the challenger authorization from the inspector. (d) Challengers shall be peace officers with the same powers of preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector shall have the duty to caution the challengers concerning the foregoing and, if a challenger persists in objectionable behavior, the challenger may be ejected by the inspector. Nothing in this subsection shall prevent the substitution of another challenger for 1 who has been ejected. (e) If an inspector wilfully ejects a challenger without cause, that inspector shall be deemed to have knowingly and wilfully violated that inspector’s own official duty. (f) Anyone legally within the polling place may challenge any voter for identity, address or bribery. The inspector and both judges shall hear each challenge immediately and before the person so challenged enters a voting machine. Once the inspector and both judges vote on the challenge, the matter is decided and the challenged person will either be permitted to vote or not permitted to vote depending on the decision. A person denied permission to vote shall leave the polling place immediately. A person challenged for bribery may take and subscribe to the oath as provided in § 4940 of Title 15. Once the person has taken and subscribed to the oath, the person shall be permitted to vote. (74 Del. Laws, c. 122, § 40; 70 Del. Laws, c. 186, § 1.) Subchapter V Staffing of Reorganized School Districts § 1091. Superintendent of schools. The school board of each reorganized school district shall appoint as the chief school officer for that district a superintendent of schools who shall also serve as executive secretary to the school board. (14 Del. C. 1953, § 1091; 56 Del. Laws, c. 292, § 6.) § 1092. Employee qualifications. Every employee of a reorganized school district must meet standards for qualification as adopted by the Professional Standards Board and the State Board of Education pursuant to § 1203 of this title, and be certified or otherwise licensed in accordance with these standards in order to be placed on the official payroll of the reorganized school district. (14 Del. C. 1953, § 1092; 56 Del. Laws, c. 292, § 6; 58 Del. Laws, c. 262, § 1; 71 Del. Laws, c. 180, § 54; 72 Del. Laws, c. 294, § 50.) § 1093. State salary schedules. The state salaries for the several categories of school employees shall be in accordance with salary schedules set forth in this title except that no such schedule shall prevent a school district from increasing those salaries by the amount of a supplement appropriately provided by the local school district including Division III state funds, and from funds other than those appropriated by this State. (14 Del. C. 1953, § 1093; 56 Del. Laws, c. 292, § 6.) § 1094. School employee contract; dismissal or suspension. (a) The contract with school employees shall be a contract drawn on a form approved by the Department of Education and shall be a state school employee contract that shall be executed by the reorganized school district board. One copy of the contract shall be delivered to the employee, and 1 copy shall be made part of the permanent file of the school district. (b) A school employee may be dismissed or suspended from that employee’s duties in accordance with Chapter 14 of this title. (14 Del. C. 1953, § 1094; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 55.) Subchapter VI Indemnity § 1095. Liability of local school districts for costs in actions against members of board or employees thereof. Whenever a civil action has been or shall be brought against any person for any act or omission arising out of and in the course of the performance of that person’s duties as a member of a board of education, principal, assistant principal, superintendent, assistant superintendent or professional employee, including a teacher, the board of education of that school district shall defray all costs of Page 119 Title 14 - Education defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; provided, however, the board of education shall not be responsible for the payment of punitive damages nor damages attributable to intentional acts or the gross negligence of such person. Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses. The State shall not be liable for such financial obligation incurred by a local school district. (64 Del. Laws, c. 280, § 1; 70 Del. Laws, c. 186, § 1.) Page 120 Title 14 - Education Part I Free Public Schools Chapter 11 Recruiting and Training of Professional Educators for Critical Curricular Areas § 1101. Purpose. It is the purpose of this chapter to provide for the establishment of a statewide program for the recruiting and training of certain professional educators who will serve the pupils in the public elementary and secondary schools of the State in critical curricular areas. The responsibilities for identifying those critical areas are assigned to the Department of Education with approval of the State Board and for the administration of the program are assigned to the Department of Education. (64 Del. Laws, c. 341, § 1; 71 Del. Laws, c. 180, § 56.) § 1102. Appropriation. The Department of Education may authorize, from the amount appropriated in the Budget Appropriation Bill for the purpose of enhancing professional development, an amount to be allocated for the purpose of establishing and maintaining programs to strengthen programs in those areas which the Department of Education with the approval of the State Board of Education designates as critical curriculum areas. (64 Del. Laws, c. 341, § 1; 68 Del. Laws, c. 84, § 205; 71 Del. Laws, c. 180, § 57.) § 1103. Rules and regulations. The Department of Education with approval of the State Board of Education shall, from time to time, adopt and promulgate such rules and regulations as will be necessary for the implementation of the programs authorized by this chapter. (64 Del. Laws, c. 341, § 1; 71 Del. Laws, c. 180, § 58.) § 1104. Academic year program to meet certification requirements in critical curricular area. The Department of Education with State Board approval may provide an ongoing program specifically designed to meet certification requirements for a teacher in the State in a critical curricular area and may include, but not be limited to, reimbursement for tuition, programs, textbooks or travel. The part-time program may be offered during the regular school year. The Department of Education with State Board approval shall provide rules and regulations for the conduct of the program. (64 Del. Laws, c. 341, § 1; 68 Del. Laws, c. 84, §§ 206, 207; 71 Del. Laws, c. 180, § 59.) § 1105. Summer inservice program. The Department of Education with State Board approval may provide for a summer program for Delaware teachers who are available to teach but who do not hold school certification in a critical curricular area. The Department of Education with State Board approval shall establish rules and regulations for the conduct of this program. (64 Del. Laws, c. 341, § 1; 68 Del. Laws, c. 84, § 208; 71 Del. Laws, c. 180, § 59.) § 1106. Teacher Scholarship Loan Program. The Department of Education with State Board approval may provide a Teacher Scholarship Loan Program. This Program shall be designed to help a teacher obtain certification in Delaware in a critical curriculum area by attending an institution of higher education on a full-time basis. The Department of Education with State Board approval shall establish rules and regulations for the conduct of this Program that shall include at least the following: (1) Candidates selected must have taught in a Delaware public elementary or secondary school for at least 1 year prior to the year in which the scholarship is to be used. (2) A teacher participating in this Loan Program shall execute a promissory note, in the amount of the loan, to the State Treasurer. This note shall be forgiven at a rate of 1/3 of the loan for each of 3 years of teaching in a Delaware public school after completion of the study authorized. In any year that the teacher fails to meet the teaching obligation, the loan shall be due and payable for the unpaid balance. (3) Such loan shall be interest free to persons who meet the teaching obligation. (4) Necessary repayment procedures and interest requirements for persons who do not teach, or do not complete their teacher obligation as provided in paragraph (2) of this section, shall be established by the Department of Education with State Board approval. (5) A teacher to whom a loan is granted shall also be paid during the year of study 1 year’s salary and benefits based upon the prescribed state salary schedule for 185 teaching days as found in Chapter 13 of this title. A teacher to whom such a loan is granted may be granted a leave of absence by a school district upon agreement that the teacher will return to that district for assignment upon completion of the year of study. In the case of such leave of absence, nothing herein contained shall prevent the school district from providing local salary supplement and other district benefits. Page 121 Title 14 - Education (6) The amount of the loan will be determined by the Department of Education with State Board approval and may be applied to the cost of tuition, books and supplies for instruction at the institution in which the teacher is to be enrolled. (64 Del. Laws, c. 341, § 1; 68 Del. Laws, c. 84, § 209; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 59.) § 1107. Program for persons lacking teaching certification. The Department of Education with State Board approval may provide a program of training for persons who can present graduate or undergraduate degrees at or above the level of bachelor and who are interested in teaching in a field that has been declared a critical curricular area, but who lack the certificate requirements for teaching in that field. Such a program shall include reimbursement for tuition for any necessary training to obtain certification as determined by the Department of Education with State Board approval. (64 Del. Laws, c. 341, § 1; 68 Del. Laws, c. 84, § 209; 71 Del. Laws, c. 180, § 59.) § 1108. Student Loan Program. (a) The Department of Education with State Board approval may provide a Student Loan Program and shall make rules and regulations for the conduct of this Program to include at least the following: (1) The candidate for a loan must have been admitted to an accredited institution of higher learning in a program that will result in training and certification in Delaware as a teacher in a critical curricular area designated by the Department of Education with State Board approval; (2) The recipient of any such loan shall execute a promissory note in the amount of the loan to the State Treasurer; (3) The loan will be forgiven on the basis of 2 years of teaching as a certified teacher in an actual critical curricular area in a Delaware public elementary or secondary school for each year of college training; (4) Such loan shall be interest free to persons who meet the teaching obligation; (5) Necessary replacement procedures and interest requirements for persons who do not teach or fulfill the teaching obligation as provided in paragraph (a)(3) of this section shall be established by the Department of Education with State Board approval; (6) The loan may be renewed from year to year through a 4-year training program, based upon the criteria adopted by the Department of Education with State Board approval; (7) A student selected for such a program may attend any accredited college or university in the United States where the appropriate training will result in certification as a teacher in this State. (b) A loan made pursuant to subsection (a) of this section may be forgiven by the Secretary of Education if the Secretary determines that the recipient is unable to meet that recipient’s repayment obligation because of total and permanent disability or death. The Secretary may require such documents as the Secretary considers necessary to verify a claim of disability or death, including but not limited to a sworn affidavit from a qualified physician or a death certificate. Notwithstanding any provision to the contrary in this chapter, the Department of Education may promulgate rules and regulations to implement this subsection. (64 Del. Laws, c. 341, § 1; 68 Del. Laws, c. 84, § 209; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 59; 74 Del. Laws, c. 97, § 1.) Page 122 Title 14 - Education Part I Free Public Schools Chapter 11A High Needs Educator Student Loans (81 Del. Laws, c. 426, § 1.) § 1101A. Establishment; statement of purpose [Transferred]. Transferred to § 3437(a) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1102A. Definitions [Transferred]. Transferred to § 3437(b) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1103A. Funding [Transferred]. Transferred to § 3437(c) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1104A. Eligibility for Program [Transferred]. Transferred to § 3437(d) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1105A. Application [Transferred]. Transferred to § 3437(e) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1106A. Decision and disbursement [Transferred]. Transferred to § 3437(f) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1107A. Amount of award [Transferred]. Transferred to § 3437(g) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1108A. Rules and regulations [Transferred]. Transferred to § 3437(h) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1109A. Penalties [Transferred]. Transferred to § 3437(i) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1110A. Annual reporting [Transferred]. Transferred to § 3437(j) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. § 1111A. Severability [Transferred]. Transferred to § 3437(k) of this title by 83 Del. Laws, c. 413, § 8, effective July 1, 2022. Page 123 Title 14 - Education Part I Free Public Schools Chapter 12 Educator Licensure, Certification, Evaluation, Professional Development, and Preparation Programs Subchapter I Professional Standards Board § 1201. Purpose. The purpose of this chapter is to establish a system of professional development, professional standards, licensure, certification and evaluation that serves to continually improve the quality of instruction for Delaware’s children so that they are equipped to work and succeed in an ever-changing and increasingly complex global economy. The General Assembly finds that a rigorous system of licensure, certification, professional development and evaluation designed to support improved student achievement, together with an expansion of the salary system to include compensation for skills and knowledge, will serve to improve the quality of the Delaware educator workforce and to improve student performance. All educators must be licensed, certified and evaluated in accordance with this chapter. To develop this system and to ensure that its purposes are achieved, the General Assembly creates the Delaware Professional Standards Board to work in conjunction with the Department of Education and the State Board of Education toward the full implementation of this chapter. (72 Del. Laws, c. 294, § 2.) § 1202. Definitions. The following definitions apply to this chapter: (1) “ARTC program” means an alternative routes for teacher licensure and certification program. (2) “Certificate of eligibility” means a credential which may be issued to teachers of students with disabilities if the employing district or charter school establishes that the proposed recipient meets the requirements of § 1221(2) of this title. (3) “Certification” means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status. (4) “Delaware Performance Appraisal System II” (DPAS II) means the evaluation developed and conducted pursuant to this chapter. (5) “Department” means the Delaware Department of Education. (6) “Educator” means a person licensed and certified by the State under this chapter to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. For purposes of this subchapter, the term “educator” does not include substitute teachers. (7) “Emergency certificate” means a credential which may be issued if the employing district or charter school establishes that the proposed recipient meets the requirements under § 1221(1) of this title. (8) “Evaluator” means an individual or team meeting the minimum qualifications to appraise educator performance, as set forth in the rules and regulations promulgated under § 1271 of this title. (9) “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. (10) “Paraprofessional” means a public school employee covered by § 1324 of this title. (11) “Secretary” means the Secretary of the Delaware Department of Education. (12) “Standard certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill and/or education to practice in a particular area, teach a particular subject, or teach a category of students. An educator may be issued 1 or more certificates. (13) “Standards Board” means the Professional Standards Board established pursuant to this chapter. (14) “State Board” means the State Board of Education of the State pursuant to § 104 of this title. (72 Del. Laws, c. 294, § 2; 75 Del. Laws, c. 77, §§ 2, 3; 81 Del. Laws, c. 202, § 2; 81 Del. Laws, c. 282, § 1.) § 1203. Rules and regulations. Unless otherwise provided for in this chapter, rules and regulations necessary to implement this chapter must be proposed by the Standards Board subject to approval of the State Board. The Standards Board shall develop rules and regulations in consultation and cooperation with the Department. Once developed, the rules and regulations must be sent to the Executive Secretary of the State Board and must be included on the State Board’s agenda no later than the second regular meeting of the State Board following the Executive Secretary’s receipt of the rules and regulations. The rules and regulations must be addressed by the State Board when placed on its agenda. If approved by the State Board, rules and regulations have the force and effect of law. The Department shall adopt and publish all rules and regulations pursuant to the provisions of this section and to the provisions of the Administrative Procedures Act [Chapter 101 of Title 29]. This subsection shall not apply to rules and regulations promulgated pursuant to the provisions of subchapter VII of this chapter. (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 13, § 1.) Page 124 Title 14 - Education § 1204. [Reserved.] § 1205. Professional Standards Board. (a) Recognizing that well-prepared, effective educators are critical to our students’ success and that those entrusted with the achievement of our students should have a voice in the development of policies that affect their profession, there is hereby established the Professional Standards Board. The intent of the General Assembly is that the Standards Board and the Department work in close coordination and collaboration to fully and effectively implement the purposes of this chapter. To this end, the Standards Board shall file reports on January 1, April 1, July 1, and October 1 of each calendar year with the General Assembly, the Governor, the State Board and the Department. (b) The Standards Board shall develop rules and regulations relating to educators’ professional development, licensure requirements, certification requirements and paraprofessional qualifications and training. The Department shall implement the rules and regulations promulgated and adopted pursuant to this chapter relating to licensure and certification of educators and certification of evaluators, and as otherwise directed by rules and regulations developed under this chapter. (72 Del. Laws, c. 294, §§ 2, 61; 74 Del. Laws, c. 13, §§ 2, 23.) § 1206. Composition and governance of the Professional Standards Board. (a) The Standards Board shall consist of 16 voting members as follows: (1) Eight public school educators, no less than 2 from each county, with 1 being a special education teacher, 1 being an education specialist and at least 1 teacher each from the high school, middle school and elementary school levels. The 7 teachers and 1 education specialist must be selected from a list supplied by the Delaware State Education Association in accordance with subsection (c) of this section. Each teacher appointed to the Standards Board must have demonstrated excellence in that teacher’s own field by achieving honors or special recognition in that teacher’s field, including, but not limited to state, district or building level Teacher of the Year, National Board for Professional Teaching Standards certification, or the Presidential Award for Excellence. (2) Four public school administrators, with at least 1 being from each county, selected from a list supplied by the Delaware Association of School Administrators in accordance with subsection (c) of this section. (3) One member of a local school board selected from a list supplied by the Delaware State School Board Association in accordance with subsection (c) of this section. (4) Two parents with children in public schools, from separate counties, selected from a list supplied by the Secretary of Education. The Secretary shall solicit nominations from groups such as the Delaware Congress of Parents and Teachers, the Delaware Parent Leadership Institute, and formal advisory councils in accordance with subsection (c) of this section. (5) One representative of higher education selected from a list supplied by the Council of Presidents in accordance with subsection (c) of this section. (b) The Governor, by and with the consent of a majority of the members elected to the Senate, shall appoint each voting member of the Standards Board for a term of 3 years, except that initial appointments are for the following terms: 5 members for an initial term that expires 2 years following the date of appointment; 5 members for an initial term that expires 3 years following the date of appointment; and 5 members, including the chair of the Standards Board, for an initial term that expires 4 years from the date of appointment. The Governor shall designate 1 voting educator member to serve, at the pleasure of the Governor, as chair of the Standards Board. The members of the Standards Board shall elect a vice chair. A member who misses 3 consecutive meetings without cause is presumed to have resigned from the Standards Board. A member of the Standards Board serves until that member’s successor is appointed or until the member resigns. A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaced. A Standards Board member is eligible for reappointment. If a disciplinary proceeding is initiated against a board member, the member may not participate in Standards Board business until the charge is adjudicated or the matter is otherwise concluded. (c) With respect to appointments pursuant to subsection (a) of this section, the designated organization or person shall provide the Governor with a list of potential appointees 60 days prior to the expiration of a term or within 30 days after a vacancy of any term. The Governor may require that a specific number of potential appointees, up to 20, be included on any list submitted. The Governor may reject all potential appointees on the list and request up to 4 additional lists at the Governor’s own discretion. If the designated organization does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor’s own appointments for any vacancy. (d) The Standards Board shall have the following standing committees in the following subject areas: (1) Licensure and Certification Criteria; and (2) Professional Development and Associated Compensation. A standing committee must consist of at least 1 member of the Standards Board and other persons as may be mutually agreeable to the chair of the Standards Board and the Secretary. (e) The majority of the voting members of the Standards Board shall appoint an executive director of the Standards Board. The executive director must have been a resident of Delaware for a minimum of 1 year immediately prior to the executive director’s appointment and must have at least 10 years’ experience as a professional educator in a public school system, with at least 5 years as a classroom teacher. Page 125 Title 14 - Education The executive director acts as secretary to the Standards Board and receives compensation commensurate with the Department salary schedule. The executive director shall serve at the pleasure of the majority of the voting members of the Standards Board. The executive director is excluded from “classified service” and “state service” as defined in Chapter 59 of Title 29. The Department shall provide the Standards Board with access to Department personnel who are reasonably necessary to carry out the duties of the Standards Board. (f) The Standards Board may create any committees that it deems necessary, provided that a committee created under this subsection does not overlap or otherwise make recommendations in the subject areas governed by the standing committees designated in subsection (d) of this section; and, further provided, that, prior to creating any such committee, the Standards Board shall first specify the tasks to be addressed by the committee and the time in which the committee is to complete those tasks. The chair of the Standards Board may appoint members of the Standards Board to such committees. The Standards Board may, by mutual agreement between its chair and the Secretary, appoint educators, parents, citizens and members of the business community to a committee created under this subsection. (g) A majority of the current members of the Standards Board constitutes a quorum. No motion or resolution of the Standards Board may be adopted without the concurrence of the majority of the members of the Board plus at least 1 additional affirmative vote. (h) A member of the Standards Board is entitled to receive $50 per meeting not to exceed $600 annually, and to be reimbursed for reasonable and necessary expenses incurred in connection with the performance of official duties. The Standards Board may hold 1 meeting per month during normal school hours, but any additional meetings in the same month shall not be held during normal school hours. The provisions of subchapter III of Chapter 58, Title 29 shall not apply to members of the Standards Board who are employed by a public school district. Any Standards Board member employed by a public school district will be released from that member’s normal duty for the purpose of attending any regular monthly meeting of the Board which is scheduled during normal school hours as provided in this section, and such member shall receive that member’s normal salary from the member’s employer pursuant to the provisions of Chapter 13 of this title and any applicable collective bargaining agreement. Subject to the availability of appropriated funds, the Standards Board shall reimburse the member’s employing school district for such costs as the school district may incur in order to obtain the services of a substitute teacher to take the place of any teacher member of the Standards Board who is granted release time pursuant to this section. A member of the Standards Board who is granted release time pursuant to this section shall have that member’s compensation, as provided in the first paragraph in this section, proportionally reduced so that such member is not compensated twice for the time spent in meeting. (i) Upon the request of the Secretary for advice or recommendations on matters within the purview of the Standards Board, the Standards Board shall respond to the request within a time frame that is mutually agreed upon between the Secretary and the chair of the Standards Board. (j) The initial 15 voting members of the Standards Board must be appointed no later than 90 days after the enactment of this act. (k) The Standards Board is subject to the provisions of the Administrative Procedures Act (Chapter 101 of Title 29). (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 13, §§ 3-7; 74 Del. Laws, c. 68, § 282; 76 Del. Laws, c. 93, §§ 1, 2; 79 Del. Laws, c. 324, § 1.) Subchapter II Three-Tiered Licensure System § 1210. Tier One — Initial licensure [For application of this section, see 81 Del. Laws, c. 43, § 5]. (a) An initial license is valid for 4 years unless revoked. The Department shall issue an initial license under this section if an applicant demonstrates that the applicant received a bachelor’s degree from a regionally accredited 4-year college or university, has achieved a passing score on a content-readiness exam, and has either completed a student teaching program or meets any 1 of the following alternatives to student teaching: (1) One year of teaching experience consisting of a minimum of 91 days of long-term teaching experience in 1 assignment or in no more than 2 assignments, excluding early childhood and elementary education, or 3 years of substitute teaching experience consisting of 91 days per year in multiple assignments under § 1716G of this title. Experience in an alternative routes for teacher licensure and certification program may not be used to meet this alternative. (2) The applicant is enrolled and participating in the alternative routes for teacher licensure and certification program under subchapter VI of Chapter 12 of this title. (3) [Repealed.] (4) The applicant is applying for an initial license and certification as a specialist and completes a supervised practical experience in the specialty area equivalent to student teaching as recognized by rules and regulations promulgated and adopted under this chapter. Equivalent practical experience in the specialty area may include a supervised internship, a practicum, or clinical experience. For purposes of this section, “specialist” means an educator other than a teacher recognized by rules and regulations promulgated and adopted under this chapter who is eligible to apply for both licensure and certification from the State to engage in other related professional support services. (b) (1) If an initial licensee intends to apply for a continuing license, the licensee shall, before the expiration of that initial license, complete professional development and mentoring activities required by rules and regulations promulgated and adopted under this chapter. Page 126 Title 14 - Education Such professional development and mentoring activities must include a focus on the acquisition of pedagogical knowledge and the ability to apply that knowledge to meet the needs of the educator’s students. (2) The Department shall create a committee of stakeholders, including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations on a revised Comprehensive Induction Program that focuses on reinforcing all of the following: a. Pedagogical skills. b. Content knowledge. c. Cultural responsiveness. d. Data-driven instruction. (c) Under the rules and regulations promulgated and adopted under this chapter, the Department may issue an initial license to an applicant with less than 4 years of experience as an educator who is licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware license that has since expired. An applicant issued an initial license under this subsection must complete all requirements under subsection (b) of this section. For purposes of this subsection, “educator” means a person licensed in another jurisdiction to engage in the practice of instruction, administration, or other related professional support services in public schools or a person who was an educator as defined in § 1202 of this title and previously held a valid Delaware license that has since expired. (d) An initial license must not be renewed. It may, however, be extended under § 1216 of this title. (e) Notwithstanding subsections (a) and (c) of this section, an initial license may be issued for a period of up to 6 years for applicants in a vocational trade and industry (“skilled and technical sciences” or “STS”) area to complete specified college-level coursework required for certification. (f) Notwithstanding subsection (a) of this section, an initial license may be issued for an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor. An initial license issued under this subsection is valid for up to 4 years unless it is revoked. An applicant who is issued an initial license under this subsection must complete all requirements under subsection (b) of this section. (g) The Standards Board shall promulgate regulations necessary to implement this section. (h)-(j) [Repealed.] (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 20, § 1; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 14, §§ 1-3; 75 Del. Laws, c. 77, §§ 4, 5; 79 Del. Laws, c. 42, § 2; 79 Del. Laws, c. 288, § 1; 80 Del. Laws, c. 297, § 1; 81 Del. Laws, c. 43, § 1; 81 Del. Laws, c. 425, § 8; 83 Del. Laws, c. 79, § 1; 83 Del. Laws, c. 393, § 2; 84 Del. Laws, c. 151, § 1.) § 1210A. Tier Two — Initial licensure [Transferred]. Transferred to § 1210 of this title by 81 Del. Laws, c. 43, § 1, effective June 20, 2017. § 1211. Tier Two — Continuing licensure. (a) A continuing license is valid for 5 years unless extended under § 1216 of this title or revoked. (b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator has successfully completed the requirements of § 1210 of this title and has not received more than 1 unsatisfactory annual evaluation, as defined by a State of Delaware approved educator evaluation system, during the period of initial licensure. (c) Under the rules and regulations promulgated and adopted under this chapter, the Department may issue a continuing license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware continuing license that has since expired. An applicant under this subsection must have completed 4 or more years of successful experience as an educator to be issued a continuing license. For purposes of this subsection, “educator” means a person licensed in another jurisdiction to engage in the practice of instruction, administration, or other related professional support services in public schools or a person who was an educator as defined in § 1202 of this title and previously held a valid Delaware continuing license that has since expired. (d) Notwithstanding subsection (b) of this section, the Department may issue a continuing license to an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor, completes at least 4 years working as a Junior Reserve Officer Training Corps instructor in a school, and applies for a continuing license before July 1, 2024. (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 4; 75 Del. Laws, c. 77, § 6; 80 Del. Laws, c. 297, § 1; 81 Del. Laws, c. 43, § 1; 83 Del. Laws, c. 79, § 2; 84 Del. Laws, c. 151, § 2.) § 1212. Continuing licensure — Renewal. (a) Upon application, the Department shall renew a continuing license for an additional 5-year term if the educator has completed 90 clock-hours of approved professional development, as well as other professional development and mentoring requirements as required by the rules and regulations promulgated and adopted under this chapter. (b) For the purpose of this section, “clock-hour” means actual time spent in professional development, not credit hours. Page 127 Title 14 - Education (c) The Standards Board shall review the professional development requirements of this section on an ongoing basis for the purpose of proposing regulations that modify the minimum requirements of this section and that improve the effectiveness of professional development. (d) The Department shall ensure that a variety of opportunities for professional development are available across different modes that meet a high standard of quality, including evidence-based programs. (72 Del. Laws, c. 294, § 2; 72 Del. Laws, c. 295, § 1; 81 Del. Laws, c. 43, § 1; 83 Del. Laws, c. 79, § 3.) § 1213. Tier Three — Advanced licensure. An advanced license is valid for up to 10 years unless extended pursuant to § 1216 of this title or revoked. Upon application, the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards certification. The term of the advanced license shall be the same as the balance of the term of the educator’s National Board for Professional Teaching Standards certification. The Department may also issue an advanced license to an educator who, upon application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated and adopted under this chapter. (72 Del. Laws, c. 294, § 2; 75 Del. Laws, c. 77, §§ 7, 8; 80 Del. Laws, c. 297, § 1; 81 Del. Laws, c. 43, § 1.) § 1214. Advanced licensure — Renewal. Upon application, the Department shall renew an advanced license for an additional 10-year term, provided that the educator maintained proficiency under the program for which the advanced license was first issued. (72 Del. Laws, c. 294, § 2.) § 1215. Licensure of educators holding professional status certificates or other certificates. The Department shall issue a continuing license to a person holding a Delaware certificate issued by an education certifying board prior to July 13, 1971, or upon the expiration of a professional status certificate or standard certificate issued by the Department. Upon application, the Department shall issue an advanced license to a person holding current National Board for Professional Teaching Standards certification and a current Delaware certificate as of May 3, 2000. (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 5.) § 1216. License extension; license freeze. (a) Upon a showing by an educator of exigent circumstances, the Department may, through rules and regulations promulgated and adopted pursuant to this chapter, issue a license extension for a period not to exceed 1 year. (b) An educator may take an extended leave of absence for up to 3 years with no effect upon the validity or expiration of the educator’s initial, continuing or advanced license. (c) If an applicant is not employed by a public school district or charter school, the initial license shall be inactive until such time as the applicant is employed by a public school district or charter school. Once employed, the initial license shall be in effect for up to 4 years and all rules and regulations promulgated and adopted under this chapter shall apply. (d) The expiration of an educator’s license before the end of the school year shall be considered an exigent circumstance under subsection (a) of this section and the educator’s license shall be extended until the end of that school year. Notwithstanding any extension, the effective date of any renewed license shall be the original expiration date. (e) (1) Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this chapter does not expire for a “qualifying person” as defined in paragraph (e)(4) of this section as follows: a. If the qualifying person holds an initial license, for 180 days after the date the qualifying person returns from active deployment. b. If the qualifying person holds a continuing or advanced license, for 270 days after the date the qualifying person returns from active deployment. (2) A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license must submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment. Applicants for renewal of a continuing license must meet the requirements set forth in § 1212 of this title. Applicants for renewal of an advanced license must meet the requirements set forth in § 1214 of this title. (3) The protection from license expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure as established by this chapter and the regulations promulgated thereunder. (4) As used in this section, “qualifying person” means an individual who is a member of the active duty military, a member of the National Guard, a member of the military reserve, retired military, or a military veteran. (f) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (e)(4) of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to this chapter within 2 years of the lapse or expiration of the license. The qualifying person or the spouse of a qualifying person must submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection does not apply to a license that was suspended or revoked. (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 14, § 6; 75 Del. Laws, c. 77, § 9; 80 Del. Laws, c. 297, § 1; 81 Del. Laws, c. 43, § 1; 83 Del. Laws, c. 508, § 5.) Page 128 Title 14 - Education § 1217. Denial of licenses. (a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant’s application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and (b) of this title. (b) The Department shall not take action to deny a license under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board. (c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. (d) The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations. (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 268, § 1.) § 1218. Limitation, suspension and revocation of licenses. (a) The Secretary may suspend, revoke, or limit a license or certificate that has been issued to any person pursuant to this chapter, for the following causes: (1) Obtaining or attempting to obtain a license or certificate by fraudulent means or through misrepresentation of material facts; (2) Falsifying official school records, documents, statistics, or reports; (3) Knowingly violating any of the provisions of the state assessment system set forth in § 172 of this title; (4) Pleading guilty or nolo contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor, except for unlawful sexual contact in the third degree [§ 767 of Title 11]; (5) Pleading guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16; (6) Immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty, or misconduct involving any cause for suspension or revocation of a license provided for in this section; or (7) [Repealed.] (8) Having had a license or certificate suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which would be grounds for suspension or revocation under this section. (b) Notwithstanding the provisions of subsection (a) of this section, the Secretary shall revoke a license or certificate if the license holder does any of the following: (1) Pleads guilty or nolo contendere with respect to, or is convicted of any of the following: a. Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16. b. Any crime constituting a violent felony as defined in § 4201(c) of Title 11. c. Any crime against a child constituting a felony, or unlawful sexual contact in the third degree (§ 767 of Title 11). d. Any crime constituting a felony sexual offense. e. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office. (2) Commits a sexual offense against a child. (3) [Repealed.] (c) The Secretary may automatically suspend any license without a prior hearing if the license holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or for any crime against a child constituting a felony. A suspension under this subsection is effective on the date of the arrest or grand jury indictment. (1) For a suspension under this subsection, the Secretary shall issue a written temporary order of suspension to the license holder at that license holder’s last known address. (2) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license holder employed by the district or charter school who it knows to have been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or for any crime against a child constituting a felony. (3) A license holder whose license has been suspended pursuant to this subsection may request an expedited hearing before the Standards Board within 20 calendar days from the date the notice of the Secretary’s decision to temporarily suspend the license holder’s license was mailed. In the event that the license holder requests an expedited hearing in a timely manner, the Standards Board shall convene a hearing within 90 days of the receipt of such a request. (4) If the license holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined in § 4201(c) of Title 11 or any crime against a child constituting a felony, the Secretary shall proceed with revocation under subsection (b) of this section. Page 129 Title 14 - Education (5) If the license holder is found not guilty of the underlying criminal charges, a nolle prosequi is entered on the record by the State, or the charges are otherwise dismissed by the court, the license holder may file a written request for license reinstatement, including documentation of the final status of the judicial proceeding, and their license shall be reinstated If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended, but shall meet the license requirements that are in effect at the time of the application for license. (6) An order of suspension under this subsection shall remain in effect until the final order of the Secretary or the Standards Board becomes effective. (d) The Secretary may take an action under subsection (a), (b), or (c) of this section on the basis of substantially comparable conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license. (e) Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which would constitute grounds for revocation, suspension or limitation of license under subsection (a) or (b) of this section or has been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or any crime against a child constituting a felony, shall notify the Secretary of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall be grounds on which the Secretary may limit, suspend, or revoke the holder’s license. (f) Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Secretary of such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Secretary may limit, suspend or revoke the holder’s license. (g) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license holder who is dismissed, resigns, retires or is otherwise separated from employment with that district or charter school after the local board of education or charter school board of directors provides to the license holder notice of intent to terminate for misconduct that constitutes grounds for revocation or suspension under subsection (a), (b), or (c) of this section. Such report shall be made within 15 days of the dismissal, resignation, retirement or other separation from employment and is required notwithstanding any termination agreement to the contrary that the local board of education or charter school board of directors may enter into with the license holder. The reasons for the license holder’s dismissal, resignation, retirement or other separation from employment with the district or charter school shall also be provided along with all evidence that was reviewed by or is in the possession of the district or charter school relating to the dismissal, resignation, retirement, or other separation from employment. The Department shall give written notice to any license holder of any notification received under this subsection to the license holder’s last known address. Such notification shall be made within 15 days of receipt of the district or charter school’s report to the Department of misconduct under this subsection. The obligation to report also applies when a chief school officer or head of school acquires relevant information after a license holder’s dismissal, resignation, retirement, or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may limit, suspend, or revoke the chief school officer’s or head of school’s license. All information obtained from the chief school officer or head of school shall be confidential and shall not considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). If after having received notice of intent to terminate for misconduct in office or immorality, a license holder requests and prevails at a hearing, there is no required report to the Department. (h) The Secretary may investigate any information received about a person that reasonably appears to be the basis for action under subsections (a) through (c) of this section. The Secretary shall not investigate anonymous complaints. The Department shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder to the license holder’s last known address. All information obtained during an investigation is confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). The Secretary shall review the results of each investigation and shall determine whether the results warrant initiating action under subsection (a), (b), or (c) of this section. All final orders issued by either the Secretary or the Professional Standards Board under this section are public documents pursuant to § 10002 of Title 29. (i) Whenever the basis of for action under subsection (a) or (b) of this section is a guilty plea, nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof. (j) The Secretary may enter a consent agreement with a person against whom action is being taken under subsection (a), (b), or (c) of this section. (k) No action shall be taken against a person under subsection (a) or (b) of this section without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board. Notice shall be personally delivered or sent by certified mail to the person’s last known address. The license holder shall have 30 calendar days from the date the notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this section, the burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has engaged in misconduct as defined by subsections (a) and (b) of this section or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. At the conclusion of any such hearing, the Professional Standards Board shall issue a final order finding the facts as determined by the hearing and revoking, suspending, or limiting the license or certificate, if appropriate. If no written request for a hearing is received by the Standards Board, the license holder’s license shall be deemed to be revoked, suspended, or limited in the manner set forth in the notice, and the holder shall be so notified. Page 130 Title 14 - Education (l) A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Secretary, upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended but shall meet the license requirements that are in effect at the time of the application for the license. (m) If any of the causes listed in subsection (a) or (b) of this section are determined, the Secretary or the Standards Board after a hearing, may put limitations on a license that may include but is not limited to: (1) Restrictions on the ages of students with whom the license holder may work; (2) Additional supervision requirements; or (3) Education, counseling, or psychiatric examination requirements. (n) If a decision of license limitation, suspension or revocation is based on paragraph (a)(4), (a)(5), or (b)(1) of this section, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction, the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation of the final status of the judicial proceeding, and the license shall be reinstated. (o) An individual whose license has been revoked under subsection (a) of this section may petition the Secretary for reinstatement of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Secretary a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (o)(1) of this section. (1) The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant such a petition if it is in the best interest of the public schools of the State: a. The nature and circumstances of the individual’s original misconduct; b. The individual’s subsequent conduct and rehabilitation; c. The individual’s present character; and d. The individual’s present qualifications and competence to engage in the practice of instruction, administration or other related professional support services. (2) A former license holder is entitled to a full and fair hearing before the Standards Board to challenge a denial of reinstatement pursuant to this subsection. (3) A license revoked under subsection (b) of this section or suspended under subsection (c) of this section may not be reinstated under this subsection. A license revoked under paragraph (b)(1) of this section may only be reinstated pursuant to subsection (n) of this section and a license suspended under subsection (c) of this section may only be reinstated pursuant to paragraph (c)(5) of this section or after a hearing before the Standards Board. (p) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. (q) Notice of the limitation, revocation, suspension or reinstatement of a license shall be made by the Secretary, or the Secretary’s designee, to all chief state school officers of the other states and territories of the United States. (r) All communications between a license holder and the Department or Standards Board provided for in this section shall be by certified mail, with a return receipt requested. (s) For the purpose of this section only, the term “license” shall include a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, an initial license issued pursuant to § 1210 of this title, a continuing license issued pursuant to § 1211 of this title, or an advanced license issued pursuant to § 1213 of this title. (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 77, § 10; 76 Del. Laws, c. 268, § 2; 78 Del. Laws, c. 53, § 45; 80 Del. Laws, c. 297, § 1; 81 Del. Laws, c. 43, § 1; 81 Del. Laws, c. 317, § 1.) § 1218A. Temporary suspension pending hearing. (a) In the event of a complaint concerning the activity of a person licensed or certified that presents a clear and immediate danger to the health, safety, or welfare of students, the Secretary may temporarily suspend the person's license or certificate, pending a hearing. An order temporarily suspending a license or certificate under this section may not be issued unless the person or the person's attorney received at least 72 hours' written or oral notice before the temporary suspension so that the person or the person's attorney can file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing convenes and a decision is rendered. (b) A person whose license or certificate has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a description of the complaint and the order of temporary suspension pending a hearing personally served upon the person or sent by certified mail, return receipt requested, to the person's last known address. Page 131 Title 14 - Education (c) A person whose license or certificate has been temporarily suspended pursuant to this section may request an expedited hearing. The Professional Standards Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 10 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license or certificate. (d) As soon as possible after the issuance of an order temporarily suspending a person's license or certificate pending a hearing, the Board shall appoint a hearing examiner. After notice to the person pursuant to subsection (b) of this section, the hearing examiner shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the person requests in a timely manner an expedited hearing, the hearing examiner shall convene within 15 days of the receipt of the request by the Board. The hearing examiner shall render a decision within 20 days of the hearing. (e) In addition to making findings of fact, the hearing examiner shall also determine whether the facts found constitute a clear and immediate danger to the health, safety, or welfare of students. If the hearing examiner determines that the facts found constitute a clear and immediate danger to the health, safety, or welfare of students, the order of temporary suspension must remain in effect until the Board deliberates and reaches conclusions of law based upon the findings of fact made by the hearing examiner. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing examiner unless the suspended person requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board. (81 Del. Laws, c. 317, § 1.) § 1218B. Nondisciplinary letter of concern (a) If the Secretary determines after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person is made aware of the concern, the Secretary may issue a nondisciplinary, confidential letter of concern regarding the person's act or omission. (b) If a person licensed or certified receives a total of 3 letters of concern pursuant to this section addressing the same or substantially similar conduct, the Secretary may reasonably impose any of the restrictions of § 1218(m)(3) of this title in order to protect the health, safety, or welfare of the person's current or prospective students. (81 Del. Laws, c. 317, § 1.) § 1219. Disclosure. Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant for a license under this chapter to disclose that applicant’s own criminal conviction history. Failure to disclose a criminal conviction history pursuant to this section is grounds for denial of a license under § 1217 of this title, revocation of a license under § 1218 of this title, and/or criminal prosecution under subchapter VI (Criminal Background Check for Public School Related Employment) of Chapter 85 of Title 11 until April 7, 2016, and effective on April 7, 2016, subchapter I of Chapter 3 of Title 31. (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 297, § 1.) Subchapter III Educator Certification § 1220. Standard certificate [For application of this section, see 83 Del. Laws, c. 339, § 38]. (a) The Department shall issue a standard certificate to an applicant who meets the requirements for licensure and has acquired the prescribed knowledge, skill, or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. Where applicable and available, an applicant for a standard certificate must have achieved a passing score on an examination of content knowledge, such as Praxis II. This requirement shall apply to all applicants teaching special education in a “core content area,” as defined in § 1210 of this title, in secondary schools. (b) Notwithstanding the provisions of subsection (a) of this section, the Department shall issue a standard certificate to an applicant who: (1) Meets the requirements for licensure and holds a valid and current license or certificate from another state; or (2) Meets the requirements for a Meritorious New Teacher candidate designation adopted pursuant to § 1203 of this title. (c) [Repealed.] (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 7; 79 Del. Laws, c. 42, § 3; 83 Del. Laws, c. 339, § 38; 83 Del. Laws, c. 400, § 1; 83 Del. Laws, c. 400, § 2.) § 1221. Emergency certificate and certificates of eligibility. Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue either of the following: (1) An emergency certificate, if the employing district or charter school establishes that both of the following apply: a. The proposed recipient of the emergency certificate is competent. Page 132 Title 14 - Education b. The employing district or charter school is committed to support and assist the proposed recipient in achieving the skills and knowledge necessary to meet certification requirements. (2) A certificate of eligibility, if the employing district or charter school establishes that all of the following apply: a. The proposed recipient is participating in a state-approved, appropriate alternative route for teacher licensure and certification program for teachers of students with disabilities. b. The proposed recipient of the certificate of eligibility is competent. c. The employing district or charter school is committed to support and assist the proposed recipient in achieving the skills and knowledge necessary to meet certification requirements. (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 8; 81 Del. Laws, c. 202, § 3.) § 1222. Revocation of certificate. A certificate issued under this subchapter must be revoked upon a finding that the certificate holder made a materially false or misleading statement in that certificate holder’s certificate application or upon revocation of a license issued under this chapter. A certificate holder is entitled to a full and fair hearing before the Standards Board to challenge a revocation pursuant to this section. (72 Del. Laws, c. 294, § 2; 70 Del Laws, c. 186, § 1; 81 Del. Laws, c. 202, § 4.) § 1223. Teaching assignment outside area of certification. If the employer of an educator assigns the educator to teach in an area outside the educator’s certification, the employer may not reduce the salary of the educator as a result of the assignment. (72 Del. Laws, c. 294, § 2.) § 1224. Review by the Secretary of Education. The Secretary of Education shall have the authority to review licensure and certification credentials on an individual basis and to act upon same at the request of the local school district or charter school provided that the local school district or charter school is able to document the effectiveness of the applicant. (74 Del. Laws, c. 14, § 9; 81 Del. Laws, c. 202, § 5.) Subchapter IV Substitute Teachers § 1230. Substitute teachers. Repealed by 76 Del. Laws, c. 80, § 345, effective July 1, 2007. Subchapter V Special Institute for Teacher Licensure and Certification § 1250. Established. A special institute to be run by 1 or more of Delaware’s teacher training institutions shall be established to provide a program for college graduates without a license and/or certificate to become licensed and certified to teach in Delaware public schools. The program shall be designed for such graduates, who hold a bachelor’s degree but who have no teacher training or previous teaching experience. The Professional Standards Board and the State Board of Education shall promulgate and adopt rules and regulations pursuant to this chapter that are relative to the special institute for teacher licensure and certification and the teacher training institution or institutions will set up and manage the program. There will be no tuition charged to persons participating in the special institute leading to initial licensure and certification. (65 Del. Laws, c. 473, § 1; 71 Del. Laws, c. 180, § 62; 72 Del. Laws, c. 294, §§ 7, 11; 80 Del. Laws, c. 297, § 2; 81 Del. Laws, c. 43, § 2.) § 1251. Standards for admission. Any individual seeking licensure and/or certification under this subchapter shall meet the following minimum requirements: (1) Must have received a bachelor’s degree, other than in Education, from a regionally accredited 4-year program. The major field of study must be in a content area that has been designated as a critical needs area by the Department of Education. (2) Must have a grade point index in the major field of the bachelor’s degree which is 2/10 of a point higher than the grade point index required for students entering regular teacher education programs at the teacher education institution or institutions. (3) [Repealed.] (4) Must agree to teach at least 1 year in a Delaware public school for each year the individual receives funding. Such service is to be completed within 5 years of the individual’s successful completion of the Special Institute for Teacher Licensure and Certification Program. For failure to meet this requirement, the individual shall agree to pay back a sum equivalent to the tuition which would have been paid for the coursework leading to licensure. An individual can meet this requirement either by actually teaching in a Delaware Page 133 Title 14 - Education public school for 1 year or by providing a notarized statement that the individual has sought employment in at least 5 Delaware public school districts but has not been able to secure a teaching position in any of those districts. The notarized statement must be accompanied by evidence of unsuccessful applications for teaching positions in at least 5 Delaware public school districts. (65 Del. Laws, c. 473, § 1; 67 Del. Laws, c. 281, § 248; 71 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 294, § 8; 75 Del. Laws, c. 77, §§ 13, 14; 81 Del. Laws, c. 43, § 2.) § 1252. Format of special institute program. The general format for the special institute must include the following: (1) For the individual seeking licensure and certification in a secondary content area that corresponds to the major field of study in the bachelor’s program, it is intended that 1 summer of courses in the special institute; ½ year (1 semester) of student teaching, or 1 year of supervised, full-time teaching experience in a Delaware public school; and additional coursework as necessary constitute the program of study leading to the initial license and standard certificate. An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate or a certificate of eligibility must be issued to the person employed to complete the 1 year of full-time teaching experience in lieu of student teaching. Upon successful completion of the Special Institute for Teacher Licensure and Certification Program, the individual must receive an initial license valid for a 3-year term, and a standard certificate. (2) For individuals seeking licensure and certification in elementary or special education, it is intended that 2 summers of courses in the special institute (immediately before and after a student teaching experience or 1 year full-time teaching experience); ½ year of student teaching or 1 year of supervised, full-time teaching experience in a Delaware public school; and additional coursework as necessary constitute the program of study leading to the initial license and standard certificate. An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate or a certificate of eligibility must be issued to the person employed to complete the 1 year of full-time teaching experience in lieu of student teaching. Upon successful completion of the Special Institute for Teacher Licensure and Certification Program, the individual must receive an initial license valid for a 4-year term and a standard certificate. (65 Del. Laws, c. 473, § 1; 75 Del. Laws, c. 77, §§ 15-20; 80 Del. Laws, c. 297, § 2; 81 Del. Laws, c. 43, § 2; 81 Del. Laws, c. 202, § 6; 83 Del. Laws, c. 79, § 4.) Subchapter VI Alternative Routes for Teacher Licensure and Certification (81 Del. Laws, c. 282, § 2.) § 1260. Requirements for an alternative routes for teacher licensure and certification program. (a) Criteria is established for alternative routes for teacher licensure and certification programs, which are intended to provide essential knowledge and skills to participants in ARTC programs, through the following phases of training: (1) A seminar and practicum that include all of the following: a. Formal instruction or equivalent professional development required by an ARTC program established by regulation of the Department or law. b. Introduction of basic teaching skills through supervised teaching experiences with students. c. Components that are integrated and include an orientation to the policies, organization, and curriculum of the employing district or charter school. d. 1. Assessment of the ARTC program participant’s ability to apply pedagogical skills to meet the needs of the participant’s students. 2. The Department shall create a committee of stakeholders including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations regarding the options for an ARTC program to assess the pedagogical skills of their participants. (2) At least 200 hours of formal instruction, or equivalent professional development approved by the Department, is required to address subjects including, at a minimum, all of the following: a. Curriculum. b. Student development and learning at all levels. c. The classroom and the school. (b) A participant in an ARTC program may be granted hours for formal instruction or equivalent professional development successfully completed before entry into the program, or during the seminar and practicum. (c) The Department shall promulgate rules and regulations to implement this section. (70 Del. Laws, c. 459, § 1; 71 Del. Laws, c. 180, § 62A; 72 Del. Laws, c. 294, §§ 12, 13; 75 Del. Laws, c. 77, §§ 21-25; 77 Del. Laws, c. 15, §§ 1, 2, 5; 78 Del. Laws, c. 214, § 1; 80 Del. Laws, c. 10, § 1; 80 Del. Laws, c. 297, § 3; 81 Del. Laws, c. 43, § 3; 81 Del. Laws, c. 202, §§ 7, 8; 81 Del. Laws, c. 282, § 2; 83 Del. Laws, c. 79, § 5.) Page 134 Title 14 - Education § 1261. Requirements for a district or charter school utilizing an alternative routes for teacher initial licensure and certification program. A district or charter school seeking to hire an individual who is a potential participant in an ARTC program must do all of the following: (1) Assign to each individual who is a potential participant a mentor under rules and regulations promulgated and adopted under §§ 1210 and 1212 of this title. (2) Provide an initial period of intensive on-the-job supervision under rules and regulations promulgated by the Department. (3) Provide an additional period of continued supervision and evaluation under rules and regulations promulgated by the Department. (70 Del. Laws, c. 459, § 1; 71 Del. Laws, c. 180, § 62B; 72 Del. Laws, c. 294, §§ 14, 15; 75 Del. Laws, c. 77, §§ 26-30; 77 Del. Laws, c. 15, §§ 3, 4, 5; 78 Del. Laws, c. 214, § 1; § 1; § 1; §§ 9, 10; § 3.) § 1262. Requirements for participation in an alternative routes for teacher initial licensure and certification program. (a) Subject to § 1217 of this title and notwithstanding any other provision in this chapter, an individual who is a potential participant must be issued an initial license in an ARTC program and applicable certification, provided the individual meets all of the following criteria: (1) Holds a bachelor’s degree from a regionally-accredited college or university. (2) Has at least 24 credits from a regionally-accredited college or university aligned to the content area in which the individual is seeking certification, or the equivalent in professional development approved by the Department, appropriate to the instructional field, or passing scores on an approved content-readiness exam prior to entering the ARTC program. (3) Obtains an acceptable health clearance under Department regulations, and an acceptable criminal background check clearance. (4) Obtains and accepts an offer of employment in a full-time position that requires instructional certification. (b) While in an ARTC program, a participant must meet both of the following criteria: (1) Maintain satisfactory progress towards the completion of all ARTC program requirements. (2) Be continuously employed with a district or charter school. (c) An ARTC program participant must attain all of the following, before the expiration of the initial license to obtain standard certification within the first 3 years of teaching: (1) Successful completion of all ARTC program requirements. (2) Two summative evaluations using a state-approved educator evaluation system with not more than 1 summative evaluation being unsatisfactory. (3) Passing scores on approved content readiness exams under the certification requirements. (4) [Repealed.] (d) The Department may grant additional time to complete the requirements of subsection (b) of this section, in consultation with the ARTC program, to an ARTC program participant based on exigent circumstances to complete any remaining formal instruction or equivalent professional development. The total extension of time may not exceed 1 year and a participant may be granted only 1 extension. (e) The Department shall promulgate rules and regulations to implement this section. (70 Del. Laws, c. 459, § 1; 72 Del. Laws, c. 294, §§ 16, 17; 81 Del. Laws, c. 202, § 11; 81 Del. Laws, c. 282, § 4; 83 Del. Laws, c. 79, § 6; 83 Del. Laws, c. 399, § 1.) § 1263. Issuance of initial licensure and certification to a participant in an alternative routes for teacher initial licensure and certification program. (a) At the conclusion of an ARTC program, all of the following must be met: (1) The ARTC program shall provide to each participant and the Department documentation stating whether the participant has successfully completed the alternative routes for teacher licensure and certification seminar and hours of formal instruction or professional development under § 1260 of this title. (2) The local education agency shall provide to each participant and the Department documentation stating whether the participant has 2 summative evaluations using a state-approved educator evaluation system with not more than 1 summative evaluation being unsatisfactory. (3) Each participant shall provide to the Department official documentation of passing scores on state-approved content readiness exams under the certification requirements. (b) Subject to § 1217 of this title and notwithstanding any other provision in this chapter, the Department shall issue to an ARTC program participant the appropriate license and certification, if the participant has attained all of the following: (1) Successful completion of all ARTC program requirements. (2) Two summative evaluations using a state-approved educator evaluation system with not more than 1 summative evaluation being unsatisfactory. Page 135 Title 14 - Education (3) Passing scores on approved content readiness exams under the certification requirements. (4) [Repealed.] (c) The Department shall promulgate rules and regulations to implement this section. (70 Del. Laws, c. 459, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 62C; 72 Del. Laws, c. 294, §§ 18-20; 75 Del. Laws, c. 77, §§ 31-36, 44; 80 Del. Laws, c. 297, § 3; 81 Del. Laws, c. 43, § 3; 81 Del. Laws, c. 202, § 12; 81 Del. Laws, c. 282, § 5; 83 Del. Laws, c. 79, § 7.) § 1264. Procedure for teachers participating in an alternative routes for teacher licensure and certification program to contest licensure and certification decisions [Repealed]. (70 Del. Laws, c. 459, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 62D; 72 Del. Laws, c. 294, §§ 21, 22; 75 Del. Laws, c. 77, § 37; 81 Del. Laws, c. 202, § 13; repealed by 81 Del. Laws, c. 282, § 6, effective June 28, 2018.) § 1265. Report to General Assembly on alternative routes to certification, including the Teach for America program [Repealed]. (78 Del. Laws, c. 259, § 1; repealed by 81 Del. Laws, c. 202, § 14, effective Jan. 29, 2018.) § 1266. Requirements for an alternative routes to certification programs for teachers of students with disabilities. In order to be State approved, an alternative routes to certification program for teachers of students with disabilities must include all of the following: (1) Delivery of high-quality professional development to a teacher that is sustained, intensive, and classroom focused. (2) The requirement that a teacher participates in intensive supervision that consists of structured guidance and regular, ongoing support or teacher mentoring. (3) The requirement that a teacher participate for no more than 3 years. (4) The requirement that a teacher demonstrate satisfactory progress toward standard certification. (5) Provision of regular reports to the Department, made in accordance with rules and regulations that the Department promulgates, that the requirements under this section are being met. (6) a. An assessment of the ARTC program participant’s ability to apply pedagogical skills to meet the needs of the participant’s students. b. The Department shall create a committee of stakeholders including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations regarding the options for an ARTC program to assess the pedagogical skills of their participants. (81 Del. Laws, c. 202, § 15; 83 Del. Laws, c. 79, § 8.) Subchapter VII Educator Evaluations § 1270. The Delaware Performance Appraisal System II. (a) An educator holding an initial license pursuant to § 1210 of this title must receive a Delaware Performance Appraisal System II (DPAS II) evaluation annually. An educator holding a continuing license pursuant to § 1211 of this title or an advanced license pursuant to § 1213 of this title must receive a Delaware Performance Appraisal System II (DPAS II) evaluation at least every 2 academic years. For purposes of this subchapter only, the term “educator” shall also include specialists who practice in Delaware public schools, whether or not they are licensed and certified by the Department. The evaluation must be consistent with the Delaware Professional Teaching Standards and the Delaware Administrators’ Standards, and must otherwise be in accordance with the criteria and requirements of this section. (b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Performance Appraisal System II (DPAS II). The DPAS II must include an overall rating and a student-improvement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation. For the purposes of § 1273 of this title, DPAS II must also include a definition of “pattern of ineffective teaching” and define “pattern of ineffective administration” as it relates to unsatisfactory performance on the overall DPAS II evaluation. (c) (1) DPAS II must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement. All components must be weighted equally beginning in the 2017-18 academic year. (2) For all Part A and Part B goals, the educator, as well as the administrator, may propose measures to be used to provide data to judge progress towards the goals. The proposed measures must be approved by the administrator, and not result in additional assessments for students. With regard to Part B goals, the measures must be selected from a list of the standardized measures approved by the Department. Page 136 Title 14 - Education (3) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter. (d) A local school district may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds. (e) Nothing in this section prevents a local school district from administering other evaluations in addition to the Delaware Performance Appraisal System II, provided that administration of additional evaluations is reported to the Department. (f) A local school district, vocational-technical school district or charter school may make application to the Department for a waiver of the provisions of the DPAS II evaluation system, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as DPAS II, provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control. (g) The Department shall implement the Delaware Teacher Growth and Support System through a pilot program in no less than 3 local education agencies for the 2021-2022 academic year. During the 2022-2023 academic year, additional nonparticipating local education agencies may join the pilot program. The pilot program shall weigh all performance areas equally, shall incorporate professional growth plans for teachers, and shall meet the following requirements for each participating local education agency: (1) Any such pilot program shall be conducted with the consent of the local education agency and organization representing the local education agency’s educators for collective bargaining purposes, if applicable. (2) The performance area dedicated to student improvement shall contain a Part I and a Part II. Part I shall contain at least 1 individual professional learning goal created by the teacher and administrator that is focused on the continuous improvement of skills aligned to the Delaware Teacher Growth and Support System teacher observation rubric. Part II shall contain at least 2 individual student improvement goals selected by the teacher and administrator that demonstrate the teacher’s contribution to student growth for his or her current cohort of students. If the teacher and administrator do not agree, the administrator’s decision is final. Each “Part II” goal shall be based upon a measure that has been approved by the Department. Measures may be created by a local education agency but must be approved by the Department prior to use. The administrator shall assess the progress toward goals, regardless of whether the teacher has satisfied the requirements of § 1403(a) of this title, is on a directed professional growth plan, or has a satisfactory rating on his or her most recent performance evaluation. (3) Notwithstanding any other provision of law, rule or regulation to the contrary, grades 3 through 8 and high school state assessments required under § 151 of this title shall not be required as a measure of student growth as part of a teacher’s evaluation. (4) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter. (5) a. Local education agencies that participated in the 2021-2022 school year pilot may continue to use the Delaware Teacher Growth and Support System during the 2022-2023 academic year. Evidence collected and feedback provided under this subsection shall be used as part of a teacher’s evaluation cycle and to assign an official summative rating for the 2022-2023 academic year. Any local education agency that participated in the 2021-2022 school year pilot that does not continue to use the Delaware Growth and Support System during the 2022-2023 school year shall apply to the Department for approval to revert back to the Delaware Performance Appraisal System II (DPAS II) or an approved alternate evaluation system. b. Any such decision regarding continued use of the Delaware Teacher Growth and Support System during the 2022-2023 school year shall be made with the consent of the school district and organization representing the district’s educators for collective bargaining purposes. Approval granted under this subsection shall be for the 2022-2023 school year only. c. For the 2022-2023 school year any local education agency that makes the decision not to continue with the Delaware Teacher Growth and Support System shall implement DPAS II or an approved alternate evaluation system in accordance with this section. (6) Beginning with the 2023-2024 academic year, the Delaware Teacher Growth and Support System will replace the Delaware Performance Appraisal System II for all licensed and certified teachers. (h) (1) Notwithstanding any provision of this section, the Delaware Performance Appraisal System II under this section is modified for the 2021-2022 and 2022-2023 academic school years. Educators must engage in an observation and feedback cycle to provide coaching, and support to encourage all of the following: a. Relationship building. b. Student engagement in learning. c. Standards-aligned curriculum implementation. Page 137 Title 14 - Education (2) The observation and feedback cycle under paragraph (h)(1) of this section must include all of the following: a. An initial goal setting process. b. Classroom observation: 1. Experienced teachers shall receive a minimum of 1 announced or unannounced observation within the observation and feedback cycle. 2. Novice teachers shall receive a minimum of 2 announced or unannounced observations within the observation and feedback cycle. c. An end-of-year conference between the educator and evaluator. (3) The evaluator shall record feedback provided to an educator under this subsection in the Data Service Center platform and must include all of the following: a. Component and Criterion level ratings as developed for the 2020-2021 school year and shared by the Department in a guidance document. b. Any narrative language related to recommendations or commendations on the educator’s performance. (4) The only forms that an educator must complete under this subsection are the following: a. The goal setting form. b. A verification form, created by the Department, to ensure that the educator’s observation and feedback cycle has been completed. (5) Evidence collected and feedback provided during observations under this subsection may be used as part of the evaluation cycle and to assign a summative rating for the 2021-2022 and 2022-2023 academic years. (6) [Repealed.] (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 295, § 2; 73 Del. Laws, c. 44, §§ 10, 11; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 13, §§ 8-12; 75 Del. Laws, c. 77, § 38; 78 Del. Laws, c. 53, § 46; 79 Del. Laws, c. 221, § 1; 80 Del. Laws, c. 429, §§ 1-4; 83 Del. Laws, c. 5, § 1; 83 Del. Laws, c. 116, §§ 1, 4; 83 Del. Laws, c. 282, § 1.) § 1270A. Delaware Teacher Growth and Support System (a) Teachers holding an initial license pursuant to § 1210 of this title, a continuing license pursuant to § 1211 of this title, or an advanced license pursuant to § 1213 of this title must receive an annual evaluation through the Delaware Teacher Growth and Support System. The evaluation must be consistent with the Delaware Professional Teaching Standards and must otherwise be in accordance with the criteria and requirements of this section. (b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Teacher Growth and Support System. The Delaware Teacher Growth and Support System must include an overall rating and a studentimprovement rating and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each performance area of the evaluation. For the purposes of § 1273 of this title, Delaware Teacher Growth and Support System must also include a definition of “pattern of ineffective teaching” as it relates to unsatisfactory performance on the overall Delaware Teacher Growth and Support System evaluation. (c) (1) The Delaware Teacher Growth and Support System will have no more than 5 performance areas, as determined by the Department, with a required strong focus on student improvement, with 1 performance area dedicated to student improvement. All performance areas must be weighted equally. (2) The performance area dedicated to student improvement shall contain a Part I and a Part II. Part I shall contain at least 1 individual professional learning goal created by the teacher and administrator that is focused on the continuous improvement of skills aligned to the Delaware Teacher Growth and Support System teacher observation rubric. Part II shall contain at least 2 individual student improvement goals created by the teacher and administrator that demonstrate the teacher’s contribution to student growth for his or her current cohort of students. If the teacher and administrator do not agree, the administrator’s decision is final. Each “Part II” goal shall be based upon a measure that has been approved by the Department. Measures may be created by a local education agency but must be approved by the Department prior to use. The administrator shall assess the progress toward goals, regardless of whether the teacher has satisfied the requirements of § 1403(a) of this title, is on a directed growth plan, or has earned a satisfactory rating on his or her most recent performance evaluation. (3) Notwithstanding any other provision of law, rule or regulation to the contrary, grades 3 through 8 and high school state assessments required under § 151 of this title shall not be required as a measure of student growth as part of a teacher’s evaluation. (4) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter. (d) A local education agency may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds. Page 138 Title 14 - Education (e) Nothing in this section prevents a local education agency from administering other evaluations in addition to the Delaware Teacher Growth and Support System, provided that administration of additional evaluations is reported to the Department. (f) A local education agency may make application to the Department for a waiver of the provisions of the Delaware Teacher Growth and Support System, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as the Delaware Teacher Growth and Support System, provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control. (70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 116, § 2.) § 1270B. Delaware Performance Appraisal System II. (a) For purposes of this subchapter only, Delaware Performance Appraisal System II applies only to specialists and administrators who practice in Delaware public schools. An administrator or specialist holding an initial license pursuant to § 1210 of this title must receive a Delaware Performance Appraisal System II evaluation annually. An administrator or specialist holding a continuing license pursuant to § 1211 of this title or an advanced license pursuant to § 1213 of this title must receive a Delaware Performance Appraisal System II evaluation at least every 2 academic years. The evaluation must be consistent with the Delaware Framework for Specialists and the Delaware Administrators’ Standards and must otherwise be in accordance with the criteria and requirements of this section. (b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Performance Appraisal System II. The Delaware Performance Appraisal System II must include an overall rating and a studentimprovement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation. For the purposes of § 1273 of this title, Delaware Performance Appraisal System II must also include a definition of “pattern of ineffective practice” and define “pattern of ineffective administration” as it relates to unsatisfactory performance on the overall Delaware Performance Appraisal System II evaluation. (c) (1) Delaware Performance Appraisal System II must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated to student improvement. All components must be weighted equally. (2) For all Part I and Part II goals, the specialist, as well as the administrator, may propose measures to be used to provide data to judge progress towards the goals. The proposed measures must be approved by the administrator and not result in additional assessments for students. With regard to Part II goals, the measures must be selected from a list of the standardized measures that may be created by a school district or charter school but must be approved by the Department. If the specialist and administrator do not agree, the administrator’s decision is final. (3) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher specialist or administrator under this chapter. (d) A local education agency may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds. (e) Nothing in this section prevents a local education agency from administering other evaluations in addition to the Delaware Performance Appraisal System II, provided that administration of additional evaluations is reported to the Department. (f) A local education agency may make application to the Department for a waiver of the provisions of the Delaware Performance Appraisal System II evaluation system, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as the Delaware Performance Appraisal System II, provides for evaluating specialist or administrator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control. (83 Del. Laws, c. 116, § 3; 84 Del. Laws, c. 233, § 22.) § 1271. Certification of professional evaluators; monitoring evaluations. (a) The Department shall develop rules and regulations pursuant to this subchapter to credential professional evaluators for the Delaware Performance Appraisal System II, including appropriate training for evaluators. The Department shall ensure that all evaluators are properly trained and credentialed. (b) To maintain a high standard of quality for professional evaluations, the Department shall develop recommendations for an ongoing DPAS II monitoring system to be implemented by the Department. The monitoring system must include a process by which an educator may challenge the fairness of the process used and/or the conclusions reached in an evaluation. (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 13, §§ 13, 14.) Page 139 Title 14 - Education § 1272. Improvement plans; professional development. (a) If the overall rating of an educator’s DPAS II evaluation is unsatisfactory, the district shall develop and assign an improvement plan to the educator and provide a reasonable amount of time for the educator to complete the improvement plan. A district shall also make recommendations for improvement if an educator’s performance on an individual component of the evaluation is unsatisfactory. An improvement plan must identify the deficiencies in an educator’s performance and the professional development activities required to improve the deficiencies to a satisfactory level. An improvement plan pursuant to this section must be developed as part of a collaborative process between the district and the educator where possible, with the district having the final authority to develop and assign the plan. The Department shall develop guidelines for improvement plans required pursuant to this section. (b) In an effort to promote continuous professional growth and to improve educator performance, the Department shall also develop guidelines for professional development when an educator receives a satisfactory DPAS II evaluation. The guidelines must incorporate specific professional development activities designed to enhance knowledge and skill in areas recommended by an evaluator. (72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 13, § 15.) § 1273. Incompetency — A pattern of ineffective teaching. A pattern of ineffective teaching shall be defined pursuant to § 1270 of this title, provided that the local school district has complied with § 1272(a) of this title. Notwithstanding any case law to the contrary, when a pattern of ineffective teaching is established, a local school district may move to terminate a teacher (as defined by § 1401 of this title) for incompetency pursuant to § 1411 or § 1420 of this title. Nothing herein shall be construed to limit a local school district’s ability to terminate a teacher for incompetency under § 1411 or § 1420 of this title where supported by factors other than a pattern of ineffective teaching, and nothing herein shall be construed to require additional factors beyond a pattern of ineffective teaching to constitute incompetency for purposes of termination. (72 Del. Laws, c. 294, § 2.) § 1274. Disclosure. If an educator licensed under this chapter is seeking an educator position in this State, the educator shall disclose the results of that educator’s most recent 3 DPAS II evaluations or alternative evaluations permitted under § 1270(f) of this title, if applicable, to a prospective employing district. Upon the request of the prospective employing district, a present or previous employing district of the educator shall confirm the results of the educator’s previous DPAS II evaluations. No action in law or equity may be brought or maintained against a local school district or an employee thereof for action taken in compliance with this section. (72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 53, § 47.) § 1275. DPAS II Advisory Committee. (a) The Secretary shall convene and provide administrative staff to the Delaware Performance Appraisal System II Advisory Committee. The Committee shall consist of the following members: (1) Three public school teachers appointed by the Delaware State Education Association. (2) Three public school administrators appointed by the Delaware Association for School Administrators. (3) One public school superintendent or his or her designee, appointed by the School Chiefs’ Association. (4) A member of a local school board appointed by the Delaware State School Board Association. (5) A parent with a child or children in public school selected by the Delaware Parent-Teacher Association. (6) A representative of higher education appointed by the Governor from an institution that offers a teacher preparation program authorized by the Department. (7) A representative from the Office of the Governor. (8) The Chair of the Education Committee of the Delaware House of Representatives, or the Chair’s designee. (9) The Chair of the Education Committee of the Delaware Senate, or the Chair’s designee. (10) One ex-officio, nonvoting, representative from the Department, appointed by the Secretary. (11) One ex-officio, nonvoting, representative from the State Board of Education, appointed by the President of the State Board of Education. (b) The Committee shall meet at least once a quarter each year. (c) Annually the Committee shall designate a Chairperson and a Vice Chairperson from amongst its membership. (d) The Committee shall review data produced by the Delaware Performance Appraisal System II to advise the State’s efforts to ensure fidelity of system implementation statewide, the accuracy and reliability of the data collected by the Department, and the State’s use of the data to improve educator quality and provide meaningful and professional development opportunities. (e) The Committee shall review any aspects of the State’s ESEA flexibility application which involve the educator evaluation system and any renewal, extensions, or amendments to the application that deal with educator evaluation prior to submission to the U.S. Department of Education. Page 140 Title 14 - Education (f) The Department shall provide the Committee with data produced by the Delaware Performance Appraisal System II, as necessary for the Committee to fulfill its responsibilities pursuant to subsection (d) of this section and to make recommendations regarding educator quality, professional development, and system design and implementation. (g) The Committee may provide comments in writing to the Governor, Secretary of Education, the State Board of Education, and the General Assembly on subsections (d), (e), and (f) of this section. (h) The Delaware Performance Appraisal System II Advisory Committee shall review any proposed regulations to be promulgated pursuant to this subchapter and shall submit written comments concerning the same to the Secretary and to the State Board prior to the State Board’s consideration of any proposed regulations. (74 Del. Laws, c. 13, § 16; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 289, §§ 1, 2; 80 Del. Laws, c. 16, § 1.) Subchapter VIII Educator Preparation Programs § 1280. Educator preparation program approval. (a) Consistent with § 122 of this title, no individual, public or private educational association, corporation, or institution, including any institution of post-secondary education, may offer an educator preparation program for the training of educators to be licensed in this State without first having procured the assent of the Department for the offering of educator preparation programs. A program approval process based on standards adopted under this section must be established for educator preparation program approval, phased in according to timelines determined by the Department, and fully implemented for educator preparation programs in the State. Each program must be approved by the Department based upon significant, objective, and quantifiable performance measures. (b) (1) Each educator preparation program approved by the Department shall establish rigorous entry requirements as prerequisites for admission into the program. At a minimum, each program shall require applicants to satisfy either of the following: a. Have a grade point average of at least a 3.0 on a 4.0 scale or a grade point average in the top fiftieth percentile for coursework completed during the most recent 2 years of the applicant’s general education, whether secondary or post-secondary. b. Demonstrate mastery of general knowledge, including the ability to read, write, and compute, by achieving a minimum score on a standardized test normed to the general college-bound population, such as Praxis, Scholastic Aptitude Test (SAT), or American College Test (ACT), as approved by the Department. (2) Each educator preparation program may waive the admission requirements in this subsection for up to 10% of the students admitted. Programs shall implement strategies to ensure that students admitted under a waiver receive assistance to demonstrate competencies to successfully meet requirements for program completion. (c) Each educator preparation program approved by the Department shall incorporate all of the following: (1) A clinical residency component, supervised by high-quality educators, as defined by the Department. The clinical residency must consist of at least 10 weeks of full-time student teaching. Clinical experiences must also be interwoven throughout and aligned with program curriculum. (2) Instruction for prospective elementary school teachers on age-appropriate mathematics content. (3) Instruction for prospective elementary school teachers, early childhood teachers, special education teachers, and reading specialists must include a multi-componential instructional focus on all of following components of evidence-based reading instruction: a. Language acquisition. b. Literacy development. c. Phonological processing. d. Phonics and word recognition development. e. Spelling. f. Fluency and automaticity development. g. Vocabulary development. h. Text comprehension development. i. Assessment administration and interpretation. j. Letter formation. k. Orthographic processing. l. Morphological awareness. m. Structure of language. n. Language-based learning disabilities. o. Written expression. p. Interventions for struggling readers. Page 141 Title 14 - Education (4) Ongoing evaluation of students, consisting of no less than an annual evaluation, aligned to the state-approved educator evaluation system, as set forth in § 1270 of this title. (d) (1) Each educator preparation program approved by the Department shall establish rigorous exit requirements. At a minimum, the prospective educator must achieve passing scores on both a content-readiness exam and an assessment of the prospective educator’s ability to apply pedagogical skills to meet the needs of the prospective educator’s students. (2) The Department shall create a committee of stakeholders including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations regarding the options for an educator preparation program to assess the pedagogical skills of their participants. (e) Educator preparation programs shall collaborate with the Department to collect and report data on the performance and effectiveness of program graduates. At a minimum, the data must measure performance and effectiveness of program graduates by student achievement. The effectiveness of each graduate must be reported for a period of 5 years following graduation for each graduate who is employed as an educator in the State. Data must be reported on an annual basis. The Department shall make the data available to the public. (f) (1) The Department shall promulgate rules and regulations governing educator preparation programs under this subchapter in collaboration with Delaware educators. (2) The Department regulations must require a minimum number of hours of training or professional development that instructors in an educator preparation program must complete in evidence-based reading instruction under paragraph (c)(3) of this section, if providing literacy instruction for any of the following concentration or certification areas: a. Early childhood. b. Elementary. c. Special education. d. Reading specialists. (g) An educator preparation program must maintain compliance with paragraphs (c)(3) and (f)(2) of this section beginning the first time the program is accredited after June 30, 2023. (79 Del. Laws, c. 42, § 4; 83 Del. Laws, c. 79, § 9; 83 Del. Laws, c. 80, § 1.) § 1281. Year-long residency programs. (a) There is established a year-long residency program, the purpose of which is to increase retention and diversity of quality educators in Delaware public schools. (b) For purposes of this section: (1) “Resident” means a student enrolled in an education preparation program who is selected for participation in a year-long residency program authorized under this section. (2) “Year-long residency program” means a partnership between a district or charter school and an educator preparation program to provide residents a year-long, practice-based learning experience working directly with students, in a manner that mirrors the experience of teachers in that school. (c) (1) Subject to appropriations, the Department shall develop a competitive grant process to support districts and charters in developing and supporting year-long residency programs. (2) Annual appropriations for the year-long residency programs do not revert to the General Fund at the end of the fiscal year, but shall remain available to the Department for disbursement pursuant to this section. (3) The Department shall award successful applicants funding on at least a 15-month basis, July 1 through September 30 of the following year. (4) Awards for the upcoming fiscal year or multiple fiscal years shall be declared by the January prior. (5) Funds awarded under this section to provide a stipend for residents may be used by a resident for any purpose. (6) Applicants for the award may apply for a program of support for residents — including stipends for residents, benefits, substitutes, cooperating teacher stipends, and professional development. (d) Applications for funding under this section must include a description of all of the following: (1) A shared vision and partnership between the applicant and an educator preparation program to provide a high-quality experience for residents. (2) A process for recruiting residents with demonstrated cultural competency and residents from diverse backgrounds. (3) A selection process for cooperating teachers who will coach residents, including a job description and a support system for mentors. (4) A plan to collect and provide all data required by the Department to evaluate the effectiveness of the program. (5) A plan beyond the grant award to sustain the partnership. Page 142 Title 14 - Education (e) In evaluating applications, the Department shall give additional weight to applicants that commit to any of the following: (1) Selecting residents who are pursuing credentials in a critical needs area. (2) Placing residents in a school that serves a student population with a significant number of low-income or English-learner students. (f) The Department shall convene, in an open forum, stakeholders representing school districts, charter schools, teacher preparation programs, teachers, and nonprofit organizations to provide input on methods to increase retention and diversity of quality educators in Delaware public schools and the development of a fair, robust rubric for evaluation of residency grant applications. The Department of Education shall finalize the rubric and implement it as part of the application process. (g) Residents must commit to work in a qualifying Delaware school for at least 3 years after receiving their teaching credentials. (h) The Department shall adopt rules and regulations to implement this section. (83 Del. Laws, c. 117, § 1.) Page 143 Title 14 - Education Part I Free Public Schools Chapter 13 Salaries and Working Conditions of School Employees § 1301. Definitions. As used in this chapter: (1) “District” means a reorganized school district, or the school district of the City of Wilmington. (2) “Preparation,” “no degree,” “bachelor’s degree,” “bachelor’s degree plus 30 graduate credits,” “master’s degree,” “master’s degree plus 30 graduate credits,” “doctor’s degree,” “doctor’s degree or equivalent,” “supervisor,” “administrative assistant,” “director,” “assistant superintendent,” “chief school officer,” “principal,” and any other classification shall have meaning as defined by the certifying board unless provided otherwise in this chapter. (3) In interpreting the salary, the salary schedule set forth in § 1305(a) of this title, in the case of trades and industry teachers, “bachelor’s degree” means 2 years of college or technical training, plus 6 years of trade experience; “bachelor’s degree plus 15 graduate credits” means 21/2 years of college or technical training, plus 6 years of trade experience; “bachelor’s degree plus 30 graduate credits” means 3 years of college or technical training, plus 6 years of trade experience; “master’s degree” means a bachelor’s degree, plus 6 years of trade experience or a bachelor’s degree, plus 30 graduate credits, plus 4 years of trade experience; “master’s degree plus 15 graduate credits,” “master’s degree plus 30 graduate credits,” “master’s degree plus 45 graduate credits” and “doctor’s degree” shall have meaning as defined in paragraph (2) of this section. (46 Del. Laws, c. 48, § 1; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1301; 50 Del. Laws, c. 602, § 1; 52 Del. Laws, c. 344; 54 Del. Laws, c. 43, § 1; 56 Del. Laws, c. 143, § 4; 57 Del. Laws, c. 113; 61 Del. Laws, c. 409, § 121; 61 Del. Laws, c. 519, § 42; 72 Del. Laws, c. 294, § 35.) § 1302. Application of chapter. This chapter applies to every school district, the Department of Education and all employees who teach in state institutions pursuant to unit allocations as set forth in § 1703 of this title. (14 Del. C. 1953, § 1302; 50 Del. Laws, c. 224, § 1; 50 Del. Laws, c. 602, § 1; 52 Del. Laws, c. 344, § 2; 54 Del. Laws, c. 43, § 2; 57 Del. Laws, c. 113; 71 Del. Laws, c. 180, § 63.) § 1303. State supported uniform salary schedules and classifications. The salary schedules and classifications set forth in this chapter shall be permanent state-supported uniform salary schedules and classifications which shall govern, subject to § 1304 of this title and Chapter 17 of this title, the amounts of the salaries that shall be paid by each district and the Department of Education to the employees covered by the schedules. (46 Del. Laws, c. 148, §§ 1-3; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1303; 50 Del. Laws, c. 602, § 1; 56 Del. Laws, c. 292, § 7; 71 Del. Laws, c. 180, § 63A.) § 1304. Salaries in excess of state supported uniform salary schedules. Nothing contained in this chapter shall prevent any local board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations. (46 Del. Laws, c. 48, § 10; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1304; 50 Del. Laws, c. 602; 56 Del. Laws, c. 292, § 8.) § 1305. Basic salary schedule for teachers, nurses, principals, superintendents, and other school employees [For application of this section, see 84 Del. Laws, c. 81, § 8(m)(6)]. (a) The annual salaries of employees paid under this section and who are employed on a 10-month contract, shall be based on the following indexed schedule: Page 144 Title 14 - Education Step No Degree Bach. Degree 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0.96171 0.97122 0.97985 1.01436 1.04314 1.07857 1.11308 1.14851 1.18302 1.21750 1.25296 1.00000 1.00962 1.01916 1.05265 1.07857 1.11308 1.14851 1.18302 1.21750 1.25296 1.28949 Bach. Bach. Degree Plus Degree Plus 15 Grad. 30 Grad. Credits Credits 1.03829 1.07662 1.04795 1.08624 1.05746 1.09579 1.09098 1.12938 1.11308 1.14851 1.14851 1.18302 1.18302 1.21750 1.21750 1.25296 1.25296 1.28744 1.28744 1.32191 1.32191 1.35738 1.35738 1.39185 1.39380 1.42633 1.46169 1.49793 Mast. Degree 1.13408 1.14370 1.15325 1.18684 1.20021 1.23468 1.27015 1.30462 1.39185 1.42633 1.46169 1.49627 1.53163 1.56610 1.60069 1.63605 Mast. Mast. Mast. Degree Plus Degree Plus Degree Plus 15 Grad. 30 Grad. 45 Grad. Credits Credits Credits 1.17241 1.21071 1.24911 1.18203 1.22032 1.25865 1.19154 1.2287 1.26827 1.22513 1.26346 1.30176 1.23468 1.27778 1.31611 1.27015 1.30462 1.34009 1.30462 1.34009 1.37456 1.34009 1.37456 1.40904 1.42633 1.46169 1.49627 1.46169 1.49627 1.53163 1.49627 1.53163 1.56610 1.53163 1.56610 1.60069 1.56610 1.60069 1.63605 1.60069 1.63605 1.67052 1.63605 1.67052 1.70500 1.67222 1.70500 1.74046 1.74018 1.77671 Doctor's Degree Yrs of Exp. 1.28744 1.29695 1.30657 1.34009 1.35441 1.37456 1.40904 1.44450 1.53163 1.56610 1.60069 1.63605 1.67052 1.70500 1.74046 1.77494 1.81012 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 In addition to the indices specified in the schedule contained in this subsection, the following shall apply to certain individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 1994: (1) An employee with no degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.227 for the fiscal year ending June 30, 1995, at an index of 1.264 for the fiscal year ending June 30, 1996, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (2) An employee with no degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (3) An employee with no degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (4) An employee with a Bachelor’s Degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 1996, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index of 1.3277 for the fiscal year ending June 30, 2005, and at an index of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (5) An employee with a Bachelor’s Degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index rate of 1.3277 for the fiscal year ending June 30, 2005, and at an index rate of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (6) An employee with a Bachelor’s Degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index rate of 1.3277 for the fiscal year ending June 30, 2005, and at an index rate of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (7) An employee with a Bachelor’s Degree plus 15 credits who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, at an index rate of 1.3989 for the fiscal year ending June 30, 2005, and at an index rate of 1.4263 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. (8) An employee with a Bachelor’s Degree plus 15 credits who was paid in accordance with the 11-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, at an index of 1.3989 for the fiscal year ending June 30, 2005, and at an index rate of 1.4263 for the fiscal year ending June 30, 2006, and for subsequent fiscal years. Page 145 Title 14 - Education (b) The base salary amount for this section, from the first day of the first full pay cycle of the fiscal year, through the last day of the pay cycle that contains the last day of the fiscal year, shall be $31,692. The Bachelor’s Degree, 0-year experience point on the index is defined as the base and has an index value of 1.000. This amount is intended to be the equivalent of 70 percent of a recommended average total competitive starting salary. All other salary amounts shall be determined by multiplying the base salary amount by the index value that corresponds with the appropriate training and experience cell, and then rounding to the nearest whole dollar. (c) The index values assigned in subsection (a) of this section are intended to be constant. Future modification to this index should be linked to specifically stated policy goals. (d) All persons who are employed for more than 10 months per year and are paid in accordance with subsections (a) and (b) of this section shall receive one tenth of the amount computed in subsection (b) of this section in salary for each additional month of employment each year. (e) Beginning in Fiscal Year 2011 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 188 full work days to be utilized as follows: (1) 180 days or equivalent hours devoted to actual school sessions for pupils; (2) 2 days devoted to start-up/closing; and (3) 6 days devoted solely to professional development. (f) Beginning in fiscal year 2001, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 187 full workdays to be utilized as follows: (1) 180 days devoted to actual school sessions for pupils; (2) 2 days devoted to start-up/closing; (3) 5 days devoted solely to professional development. (g) Beginning in fiscal year 2002 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 188 full workdays to be utilized as follows: (1) 180 days devoted to actual school sessions for pupils; (2) 2 days devoted to start-up/closing; (3) 6 days devoted solely to professional development. (h) The Department of Education with the approval of the State Board of Education may reduce the number of hours devoted to actual school sessions for pupils and/or educators for just cause or upon showing unusual circumstances. (i) A full workday shall be defined by the Department of Education with the approval of the State Board of Education. (j) Beginning in fiscal year 2001, local school districts shall provide a local salary supplement for each full workday in excess of 185 workdays. This supplement must be equal to or greater than the per diem local salary supplement in effect during fiscal year 2000 for each grade and step. To the extent that a local school district is unable to provide a local salary supplement, it may make application under subsection (h) of this section. (k) In addition to the base salary derived from subsections (a) and (b) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for gaining skills and knowledge that lead to more effective instruction. The Professional Standards Board, with approval of the State Board of Education, shall designate through regulation the specific professional development activities and specific areas of skills and knowledge that an employee can undertake and/or obtain in order to receive a skills and knowledge salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary or be paid as a single payment. The supplement must be no less than 2% of the base salary derived from subsections (a) and (b) of this section and no more than 6% of this base salary, except as provided for in subsection (m) of this section. The Professional Standards Board, with approval of the State Board of Education, shall designate the specific percentage for each specific skills and knowledge supplement through regulations promulgated to implement the provisions of this section. The percentage must be uniform across the State. Also, the Professional Standards Board shall, with approval of the State Board of Education, designate which of the supplements, if any, shall be permanent and which of the supplements, if any, shall require renewal or requalification on a periodic basis. The provisions of this subsection shall become effective in fiscal year 2001. The supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget. (l) In addition to the base salary derived from subsections (a) and (b) of this section, an employee who has achieved certification from the National Board for Professional Teaching Standards or from an equivalent program approved by the State Board shall receive a salary supplement equal to 12% of the base salary so derived. An employee shall receive a salary supplement equal to 6% of base salary so derived for receiving any of the following national certifications: (1) Certificate of clinical competence from the American Speech-Language-Hearing Association (ASHA) —speech pathologists and audiologists. (2) Nationally-certified school counselor from the National Board for Certified Counselors (NBCC). (3) Music therapist—Board-certified from the Certification Board for Music Therapists (CBMT). (4) Nationally-certified school psychologist from the National Association of School Psychologists (NASP). Page 146 Title 14 - Education (5) Nationally-certified school nurse from the National Board for Certification of School Nurses (NBCSN). (6) Occupational therapist advanced certification from the American Occupational Therapy Association or the Occupational Therapist Registered from the National Board for Certification in Occupational Therapy. (7) School-based physical therapists who have passed the National Physical Therapy Exam (NPTE) as administered by the Federation of State Boards of Physical Therapy (FSBPT). The Professional Standards Board, with the approval of the State Board of Education, may authorize stipends pursuant to this subsection in fiscal year 2000. The supplement shall be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary. Funding for National Board certification described in this subsection is subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget. (m) An employee paid in accordance with this section may earn multiple salary supplements pursuant to subsections (l) and (m) of this section. The supplements must be computed as a percentage of the base salary derived from subsections (a) and (b) of this section; the percentages may not to be computed on a salary that includes a previously earned supplement amount. (n) In addition to the base salary derived from subsections (a) and (b) of this section and any supplements provided pursuant to subsections (l) and (m) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for accepting additional responsibility assignments that impact student achievement. The Professional Standards Board has the authority to review and make recommendations regarding additional responsibility supplements for administrators. The Professional Standards Board, with the approval of the State Board of Education, shall designate through regulation the specific assignments that an employee may accept in order to receive a state-funded salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary or be paid as a single payment. The supplement must be no less than $750 and no more than $1,500. In addition to the state-specified assignments designated by the Professional Standards Board and State Board pursuant to Chapter 12 of this title, a local school district, with the approval of the Standards Board and the State Board, and through regulatory action of the local board, may designate specific academic assignments that an employee may accept in order to receive a state-funded salary supplement. An assignment designated pursuant to this subsection must be academic in nature and may not include extracurricular activities or noninstructional supervisory responsibilities. The provisions of this subsection become effective in fiscal year 2001, except that the Professional Standards Board, subject to state board approval, may, pursuant to § 1203 of this title, authorize stipends for educator lead mentors in fiscal year 2000. The state-funded salary supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget. (o) To ensure that the professional development activities designated for remuneration in subsections (l), (m) and (o) of this section are of high quality and will lead to improvements in teacher effectiveness and improvements in student achievement, the Professional Standards Board, with the approval of the State Board of Education, shall identify activities that will permit an educator to be eligible for both skills and knowledge supplements and additional responsibility supplements. Salary supplements defined in this act must not exceed 15% of the State share for an employee covered by the provisions of this act. The Standards Board shall annually review these supplements and promulgate and adopt recommendations pursuant to § 1203 of this title as necessary. (p) Beginning with fiscal year 2005, movement into the Bachelors Plus 15 and Bachelors Plus 30 columns on the salary schedule contained in subsection (a) of this section shall be approved only if the credits earned are matriculated graduate credits earned toward a Master’s Degree. Beginning with fiscal year 2004, movement into the Masters Plus 15, Masters Plus 30 and Masters Plus 45 columns on the salary schedule contained in subsection (a) of this section shall be approved if: (1) The credits earned through a graduate-level course of study are clearly related to the individual’s professional responsibilities and otherwise approved pursuant to Chapter 12 of this title; (2) The credits are towards a second Master’s Degree; or (3) If the credits earned are matriculated graduate credits earned towards a Doctorate Degree. No employee shall be moved leftward on the salary schedule contained in subsection (a) of this section due to the provisions contained in this subsection. Furthermore, any employee entitled to rightward movement on the salary scale on the basis of in-service or undergraduate credits approved prior to the beginning of Fiscal Year 2005 shall continue to be entitled to such movement in the event of any future application for placement submitted after the beginning of Fiscal Year 2005. (q) For purposes of the state educator mentoring program, a retired educator engaged in mentoring activities shall be entitled to the same stipends as otherwise provided for nonretired educator mentors. Such retired educators shall be considered a casual employee under § 5502(a)(3) of Title 29 for purposes of pensions. (r) A school-based speech-language pathologist who has achieved and holds a current certificate of clinical competence in speechlanguage pathology issued by the American Speech-Language and Hearing Association and who holds a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, shall receive a base salary level of Masters Plus 30 credits. A school-based speech-language pathologist who has completed additional course work separate from the speech-language pathologist’s master’s degree may apply for rightward movement on the indexed schedule under subsection (a) of this section. A schoolbased speech-language pathologist who, as of September 28, 2018, has a master’s degree, a current state license to practice, and has Page 147 Title 14 - Education worked full-time as a speech-language pathologist for 20 or more years but who does not have a certificate of clinical competence, shall receive a base salary level of Masters Degree Plus 30 Grad. Credits and may apply for rightward movement on the indexed schedule under subsection (a) of this section. (s) A school-based audiologist who holds a current certificate of clinical competence in audiology issued by the American SpeechLanguage and Hearing Association, a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, but who does not hold a doctorate of audiology shall receive the higher of either a base salary level of Masters Plus 30 credits or the audiologist’s current pay grade. A school-based audiologist who holds a current certificate of clinical competence in audiology issued by the American Speech-Language and Hearing Association, a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, and who holds a doctorate of audiology shall receive a base salary level of doctor’s degree. A school-based audiologist who has completed additional course work separate from the audiologist’s master’s degree may apply for rightward movement on the indexed scale under subsection (a) of this section. A school-based audiologist who, as of September 28, 2018, has a master’s degree, a current state license to practice, and has worked full-time as an audiologist for 20 or more years but who does not have a certificate of clinical competence, shall receive a base salary level of Masters Degree Plus 30 Grad. Credits and may apply for rightward movement on the indexed scale under subsection (a) of this section. (t) A school-based physical therapist who has achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy and who holds a current state license to practice from the Delaware Examining Board of Physical Therapists and Athletic Trainers and holds a master’s degree in physical therapy but does not hold a doctorate of physical therapy shall receive the higher of either a base salary level of Masters Plus 30 credits or the physical therapist’s current pay grade. A school-based physical therapist who has achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy and who holds a current state license to practice from the Delaware Examining Board of Physical Therapists and Athletic Trainers, and who holds a doctorate of physical therapy shall receive a base salary level of doctor’s degree. A school-based physical therapist who has completed additional course work separate from the physical therapy master’s degree may apply for rightward movement on the indexed scale under subsection (a) of this section. (46 Del. Laws, c. 48, § 1; 47 Del. Laws, c. 195, § 1; 48 Del. Laws, Sp. Sess., c. 489, § 1; 14 Del. C. 1953, § 1305; 50 Del. Laws, c. 261, § 1; 50 Del. Laws, c. 602, § 1; 51 Del. Laws, c. 57, § 3; 52 Del. Laws, c. 344, § 3; 53 Del. Laws, c. 123; 54 Del. Laws, c. 43, § 3; 55 Del. Laws, c. 409, § 1; 56 Del. Laws, c. 143, § 1; 56 Del. Laws, c. 470, § 1; 57 Del. Laws, c. 333, § 1; 59 Del. Laws, c. 34; 60 Del. Laws, c. 31, § 1; 61 Del. Laws, c. 407, § 2; 61 Del. Laws, c. 409, § 105(a); 62 Del. Laws, c. 68, §§ 42(e), 106; 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, § 11(f); 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(ii); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(1); 65 Del. Laws, c. 87, § 11(k)(1); 65 Del. Laws, c. 230, § 3; 65 Del. Laws, c. 348, § 12(r)(1); 66 Del. Laws, c. 85, § 12(p)(1); 66 Del. Laws, c. 303, § 12(m)(1); 67 Del. Laws, c. 47, § 12(o)(1); 67 Del. Laws, c. 281, § 8(o)(1); 68 Del. Laws, c. 290, § 8(m)(1); 69 Del. Laws, c. 64, § 8(m)(1); 69 Del. Laws, c. 291, § 8(i)(1), (2); 70 Del. Laws, c. 118, § 8(i)(1); 70 Del. Laws, c. 425, § 8(i)(1); 71 Del. Laws, c. 132, § 8(m)(1); 71 Del. Laws, c. 180, § 64; 71 Del. Laws, c. 354, § 8(n)(1); 72 Del. Laws, c. 94, § 8(n)(1), (2); 72 Del. Laws, c. 294, §§ 27, 28, 30; 72 Del. Laws, c. 395, § 8(n)(1); 73 Del. Laws, c. 74, §§ 8(n)(1), 344, 345; 73 Del. Laws, c. 312, §§ 8(m)(1), 257; 73 Del. Laws, c. 317, §§ 1-3; 74 Del. Laws, c. 68, §§ 265, 266, 268; 74 Del. Laws, c. 307, §§ 8(m)(1), (2), 304, 308(a); 75 Del. Laws, c. 89, §§ 8(m)(1), (2), 337, 340, 341; 75 Del. Laws, c. 208, § 1; 75 Del. Laws, c. 350, § 8(m)(1); 76 Del. Laws, c. 80, § 8(m)(1); 77 Del. Laws, c. 84, § 8(m)(1); 77 Del. Laws, c. 86, § 26; 77 Del. Laws, c. 327, §§ 8(m)(1), 318(a)-(c); 78 Del. Laws, c. 78, § 8(m)(1), (6), (12), (13); 78 Del. Laws, c. 290, § 8(m)(5)(i), (ii); 79 Del. Laws, c. 78, § 8(m)(5)(i), (ii); 79 Del. Laws, c. 290, § 8(m)(5)(i), (ii), (6)(i), (ii); 80 Del. Laws, c. 79, § 8(m)(5)(i), (ii), (7); 80 Del. Laws, c. 298, § 8(m)(5)(i); 81 Del. Laws, c. 58, § 8(m)(5)(i); 81 Del. Laws, c. 280, § 8(m)(6)(i), (ii); 81 Del. Laws, c. 444, § 1; 82 Del. Laws, c. 64, § 8(m)(6)(i); 82 Del. Laws, c. 85, § 41; 83 Del. Laws, c. 54, § 8(m)(6)(i); 83 Del. Laws, c. 325, § 8(m)(6)(i), (ii); 83 Del. Laws, c. 462, § 1; 83 Del. Laws, c. 510, § 1; 84 Del. Laws, c. 81, § 8(m)(6)(i); 84 Del. Laws, c. 136, § 1.) § 1306. Salary schedule for chief school officers. (a) A superintendent who is the chief school officer of a district and who holds a certificate appropriate for the position shall receive as a salary the amount for which that superintendent qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule, or by multiplying the appropriate index value specified in the second schedule by the annual salary provided under § 1305(a), (b) and (d) of this title, whichever is greater: Less Than 71 $6,450 Less Than 200 .30 Number of Division I Units of Pupils in the School District 71-149 150-249 $8,370 $10,293 200-399 400 Plus .40 .50 250 Plus $12,219 (b) Each reorganized school district may employ 1 superintendent to be paid from state funds in accordance with subsection (a) of this section. Such superintendent shall not be charged against the allotment of any personnel provided by this chapter or Chapter 17 of this title. Page 148 Title 14 - Education (c) In the event any school district is appropriated state funds for salaries of a number of administrative or supervisory personnel in excess of that specifically required by this section and § 1307 of this title, the number of administrative assistants provided under subsection (b) of this section for such district shall be reduced by a like number, but not less than 2. (46 Del. Laws, c. 48, § 1; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1306; 49 Del. Laws, c. 339, § 1; 50 Del. Laws, c. 602, § 1; 52 Del. Laws, c. 344, § 4; 55 Del. Laws, c. 427, §§ 1, 2; 56 Del. Laws, c. 131, § 1; 56 Del. Laws, c. 292, § 9; 57 Del. Laws, c. 333, § 2; 58 Del. Laws, c. 192, § 1; 58 Del. Laws, c. 304, § 1; 59 Del. Laws, c. 34; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, §§ 11(f), 131(a); 62 Del. Laws, c. 423, § 48(a); 63 Del. Laws, c. 80, §§ 11(f), 112; 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(iii); 64 Del. Laws, c. 220, § 6(b); 64 Del. Laws, c. 334, § 11(j)(2); 65 Del. Laws, c. 348, § 12(r)(2); 66 Del. Laws, c. 85, § 12(p)(2); 66 Del. Laws, c. 303, § 12(m)(2); 70 Del. Laws, c. 186, § 1.) § 1307. Salary schedule for principals subordinate to a chief school officer. A principal who is subordinate to a chief school officer in a district shall receive as a salary the amount for which that principal qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule or by multiplying the appropriate index value specified in the 2nd schedule by the amount provided under § 1305(a), (b) and (d) of this title, whichever is greater. (1) Full-time principals: Years of Administrative Experience Number of Teachers 15-19 $851 1,101 1,350 1,601 1,851 1,969 2,079 2,183 2,373 2,563 0 1 2 3 4 5 6 7 8 9 20-29 $1,101 1,350 1,601 1,851 2,103 2,246 2,378 2,502 2,702 2,902 Years of Administrative Experience 0 1 2 3 4 30-39 $1,350 1,601 1,851 2,103 2,352 2,518 2,671 2,816 3,025 3,234 40-59 $1,726 1,976 2,228 2,478 2,728 2,930 3,116 3,292 3,516 3,740 60 Plus $2,103 2,352 2,602 2,853 3,103 3,341 3,560 3,767 4,005 4,243 Number of Division I Units 15-24 .08 .09 .10 .11 .12 25-59 .09 .10 .11 .12 .13 60 Plus .10 .11 .12 .13 .14 (2) During the fiscal year beginning July 1, 1988, and annually thereafter, a reorganized school district may employ 1 full-time principal for each administrative unit in a school building or combination of school buildings having 15 or more Division I state units of pupils who shall be paid from state funds for 12 months in accordance with this section, and in accordance with the rules and regulations of the Department with the approval of the State Board of Education. Division I state units in excess of 15 in 1 school building qualifying for a full-time principal shall not be counted toward entitlement for a principal for a combination of buildings. (3) During the fiscal year beginning July 1, 2000, and annually thereafter, a school district may employ 1 full-time assistant principal in a school which enrolls 30 or more Division I units of pupils or 65% of a unit for schools which enrolls 25 but less than 30 Division I units of pupils; and the school district may employ a second assistant principal when the enrollment reaches 55 Division I units or 65% of a unit when enrollment reaches 50 units but less than 55 units; subsequent assistant principals may be employed on the basis of 1 assistant principal for each 20 Division I units of pupils beyond the first 55 for which the principal and the first 2 assistant principals are authorized. Any fractional units provided herein must be assigned to the school which generated the fractional unit. This section and § 1321(e)(4) of this title notwithstanding, 1/2 the total number of assistant principals in a reorganized school district may be classified Page 149 Title 14 - Education as supervisors. Assistant principals shall not be charged against the allotment of classroom teachers or other personnel provided by these units. All assistant principals shall be paid from state funds for 12 months per year the amount for which they are eligible under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the appropriate index value specified in the second schedule, whichever is greater. Years of Administrative Experience 0 1 2 3 4 5 6 7 8 9 Amount $ 725 850 976 1,101 1,226 1,285 1,343 1,400 1,487 1,582 Years of Administrative Experience 0 1 2 3 4 Amount .04 .05 .06 .07 .08 (46 Del. Laws, c. 48, § 1; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1307; 50 Del. Laws, c. 602, § 1; 52 Del. Laws, c. 344, § 5; 54 Del. Laws, c. 68, §§ 1, 2; 56 Del. Laws, c. 292, § 10; 57 Del. Laws, c. 64; 57 Del. Laws, c. 333, §§ 3, 4; 57 Del. Laws, c. 576; 58 Del. Laws, c. 192, § 1; 58 Del. Laws, c. 304, § 1; 59 Del. Laws, c. 34; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, §§ 11(f), 131(b), (c); 62 Del. Laws, c. 423, § 48(b), (c); 63 Del. Laws, c. 80, §§ 11(f), 112; 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(iv), (v); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(3), (4); 65 Del. Laws, c. 348, § 12(r)(3); 66 Del. Laws, c. 85, § 12(p)(3); 66 Del. Laws, c. 303, § 12(m)(3); 67 Del. Laws, c. 47, § 12(o)(2), (3); 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 65; 72 Del. Laws, c. 395, § 387; 74 Del. Laws, c. 307, § 322; 75 Del. Laws, c. 89, § 358; 75 Del. Laws, c. 350, § 368.) § 1308. Salary schedules for administrative secretaries, financial secretaries, senior secretaries, secretaries and clerks [For application of this section, see 84 Del. Laws, c. 81 § 8(m)(6)]. (a) Each administrative secretary, financial secretary, senior secretary, secretary and clerk who works and is paid for 12 months per year shall be paid in accordance with the following schedule: Page 150 Title 14 - Education Step Clerk* Secretary* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20,395 20,999 21,598 22,203 22,766 23,301 23,832 24,364 24,898 25,431 25,963 26,560 27,160 27,763 28,363 28,965 29,567 30,170 30,770 31,372 31,971 32,586 32,218 33,864 34,524 22,045 22,647 23,202 23,756 24,310 24,865 25,419 25,971 26,593 27,219 27,844 28,469 29,094 29,721 30,347 30,974 31,597 32,224 32,848 33,475 34,099 34,739 35,394 36,063 36,743 Senior Secretary* Financial Secretary* 22,940 23,435 23,495 23,995 24,055 24,554 24,611 25,113 25,167 25,674 25,725 26,260 26,314 26,892 26,945 27,524 27,573 28,155 28,201 28,786 28,829 29,421 29,456 30,052 30,085 30,682 30,715 31,315 31,341 31,949 31,970 32,577 32,600 33,208 33,229 33,842 33,857 34,471 34,483 35,107 35,112 35,738 35,754 36,384 36,411 37,042 37,081 37,714 37,767 38,401 * — Annual Salary in Whole Dollars. Administrative Secretary* 24,255 24,823 25,390 25,956 26,589 27,228 27,872 28,510 29,152 29,791 30,431 31,070 31,712 32,351 32,990 33,634 34,273 34,912 35,553 36,193 36,832 37,487 38,154 38,838 39,537 Years of Experience 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (b) For purposes of implementing the salary schedule contained in subsection (a) of this section, the 18-year step on the salary schedule is effective for administrative secretaries on July 1, 1989; the 19-year step will be effective for the fiscal year beginning July 1, 1990; and the 20-year step will be effective for the fiscal year beginning July 1, 1991. The 17-year step is effective for clerks, secretaries, senior secretaries, and financial secretaries on July 1, 1989; the 18-year step will be effective for the fiscal year beginning July 1, 1990; the 19year step will be effective for the fiscal year beginning July 1, 1991; and the 20-year step will be effective for the fiscal year beginning July 1, 1992. (c) One twelfth of the salary rate set forth under subsection (a) of this section shall be deducted for each month that the employee is not employed. (d) These same classifications and pay rates shall apply to the Department of Education, except that the Department shall be authorized to revise the schedule annually to enable the Department to pay salary supplements up to the equivalent of the average of the 3 highest salaries for like positions paid by school districts. (e) During the fiscal year beginning July 1, 1972, a reorganized school district may employ personnel to be paid pursuant to this section in a number equal to 1 of each full 10 state units of pupils for the first 100 such full state units of pupils and 1 additional for each additional full 12 state units of pupils. (f) The total number of secretarial employees to which a reorganized school district is entitled shall be as specified in subsection (e) of this section, but the number that may be assigned to each classification beginning July 1, 1989, shall be according to the following and in the order specified: (1) Up to 8 percent of the total secretarial allocation in each district or a minimum of 2 positions per district, whichever is larger, may be assigned as “administrative secretary.” (2) Up to 40 percent of the total secretarial allocation in each district or a minimum of 3 per district plus 1 for each school enrolling 15 or more units of pupils, whichever is greater, may be classified as “senior secretary” or “financial secretary.” (3) Twelve percent of the total secretarial allocation in each district shall be classified as “clerk.” (4) The balance of the total clerical allocation in each district shall be classified as “secretary.” (46 Del. Laws, c. 48, § 2; 47 Del. Laws, c. 195, § 1; 48 Del. Laws, Sp. Sess., c. 489, § 2; 14 Del. C. 1953, § 1308; 56 Del. Laws, c. 143, § 2; 56 Del. Laws, c. 292, § 11; 56 Del. Laws, c. 470, § 2; 57 Del. Laws, c. 333, §§ 5, 6; 58 Del. Laws, c. 189, § 2; 58 Del. Laws, c. 305, §§ 2, 6, 7; 59 Del. Laws, c. 34; 60 Del. Laws, c. 31, § 1; 61 Del. Laws, c. 407, §§ 8, 15; 61 Del. Laws, c. 409, Page 151 Title 14 - Education § 102(a); 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, § 11(f); 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(vi); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(5); 65 Del. Laws, c. 87, § 11(k) (2); 65 Del. Laws, c. 348, § 12(r)(4); 66 Del. Laws, c. 85, § 12(p)(4); 66 Del. Laws, c. 303, § 12(m)(4), (5); 67 Del. Laws, c. 47, § 12(o)(4)-(7); 67 Del. Laws, c. 281, § 8(o)(2); 68 Del. Laws, c. 84, § 8(m)(1); 68 Del. Laws, c. 290, § 8(m)(2); 69 Del. Laws, c. 64, § 8(m)(2); 69 Del. Laws, c. 291, § 8(i)(3); 70 Del. Laws, c. 118, § 8(i)(2); 70 Del. Laws, c. 425, § 8(i)(2); 71 Del. Laws, c. 132, § 8(m)(2); 71 Del. Laws, c. 180, § 66; 71 Del. Laws, c. 354, § 8(n)(2); 72 Del. Laws, c. 94, § 8(n)(3); 72 Del. Laws, c. 395, § 8(n)(2); 73 Del. Laws, c. 74, § 8(n)(2); 73 Del. Laws, c. 312, § 8(m)(2); 74 Del. Laws, c. 307, § 8(m)(3); 75 Del. Laws, c. 89, § 8(m)(3); 75 Del. Laws, c. 350, § 8(m)(2); 76 Del. Laws, c. 80, § 8(m)(2); 77 Del. Laws, c. 84, § 8(m)(2); 77 Del. Laws, c. 327, § 8(m)(2); 78 Del. Laws, c. 78, § 8(m)(7), (14); 78 Del. Laws, c. 290, § 8(m)(5)(iii); 79 Del. Laws, c. 78, § 8(m)(5)(iii); 79 Del. Laws, c. 290, § 8(m)(5)(iii), (6)(iii); 80 Del. Laws, c. 79, § 8(m)(5)(iii); 80 Del. Laws, c. 298, § 8(m)(5)(iii); 81 Del. Laws, c. 58, § 8(m)(5)(iii); 81 Del. Laws, c. 280, § 8(m)(6)(iii); 82 Del. Laws, c. 64, § 8(m)(6)(iii); 83 Del. Laws, c. 54, § 8(m)(6)(iii); 83 Del. Laws, c. 325, § 8(m)(6)(iii); 84 Del. Laws, c. 81, § 8(m)(6)(iii).) § 1309. Secretarial classifications and salary supplement for additional training. (a) The Department of Education shall establish rules and regulations for the assignment of a secretarial classification to personnel employed pursuant to § 1308 of this title who are not otherwise classified. (b) An administrative secretary, financial secretary, senior secretary, secretary or clerk shall receive as a salary the amount for which the employee qualifies under § 1308(a) of this title, plus an annual amount for additional training as defined by the Department of Education as follows: Professional Secretary Certificate $662 (Completion of 2 years of college or successful completion of a national examination or equivalent certification program approved by the Department of Education.) Certified Secretary Certificate $991 (Eligibility for professional secretary certificate plus completion of 12 semester hours of college courses specified by the Department of Education and 5 years of successful experience.) Bachelor’s Degree Certificate $1,320 (Completion of a bachelor’s degree from an accredited college.) (14 Del. C. 1953, § 1309; 57 Del. Laws, c. 333, § 7; 58 Del. Laws, c. 192, § 1; 58 Del. Laws, c. 304, § 1; 59 Del. Laws, c. 34; 60 Del. Laws, c. 31, § 1; 61 Del. Laws, c. 409, § 103; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, § 11(f); 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 220, § 6(b); 64 Del. Laws, c. 334, § 11(j)(6); 65 Del. Laws, c. 348, § 12(r)(5); 66 Del. Laws, c. 85, § 12(p)(5); 69 Del. Laws, c. 291, § 8(i)(4); 71 Del. Laws, c. 180, § 67.) § 1310. Salary schedules for school nurses. (a) All nurses who hold appropriate certificates shall be paid in accordance with § 1305 of this title effective July 1, 1979. (b) A reorganized school district may employ personnel to be paid for 10 months per year from state funds pursuant to this section in a number equal to 1 for each 40 state units of pupils, except that in schools for the physically handicapped within the district the allocation shall be in accordance with the rules and regulations adopted by the Department with the approval of the State Board of Education; provided further, that each reorganized school district shall ensure that it has at least 1 school nurse per facility. To the extent that the funding formula outlined above does not provide for 1 school nurse per facility, each reorganized school district shall meet this requirement out of funding provided under § 1707 or § 1716 of the title, or out of discretionary local current operating expense funds. Districts shall qualify for partial funding at the rate of 30% of the fractional part of 40 state units of pupils. (46 Del. Laws, c. 48, § 3; 47 Del. Laws, c. 195, § 1; 48 Del. Laws, Sp. Sess., c. 489, § 3; 14 Del. C. 1953, § 1310; 50 Del. Laws, c. 261, § 4; 50 Del. Laws, c. 602, § 1; 52 Del. Laws, c. 344, § 8; 54 Del. Laws, c. 43, § 6; 55 Del. Laws, c. 409, § 4; 56 Del. Laws, c. 143, § 3; 56 Del. Laws, c. 292, § 13; 56 Del. Laws, c. 470, § 3; 57 Del. Laws, c. 333, § 8; 58 Del. Laws, c. 189, § 3; 58 Del. Laws, c. 305, §§ 3, 8, 9; 58 Del. Laws, c. 553; 59 Del. Laws, c. 34; 60 Del. Laws, c. 31, § 1; 61 Del. Laws, c. 407, § 3; 61 Del. Laws, c. 409, § 106; 62 Del. Laws, c. 36, § 1; 62 Del. Laws, c. 68, §§ 42(e), 105; 62 Del. Laws, c. 86, § 39; 70 Del. Laws, c. 118, § 317; 70 Del. Laws, c. 210, § 90; 70 Del. Laws, c. 290, §§ 38, 39; 71 Del. Laws, c. 180, § 68; 75 Del. Laws, c. 350, § 382.) § 1311. Salary schedule for school custodians [For application of this section, see 84 Del. Laws, c. 81, § 8(m) (6)]. (a) Custodians who have the qualifications required by the certifying board and who work and are paid for 12 months per year shall be paid in accordance with the following schedule: Page 152 Title 14 - Education Step* Custodian* Custodian Firefighter* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 23,640 24,061 24,482 24,902 25,325 25,744 26,168 26,621 27,098 27,571 28,046 28,519 29,003 29,498 30,003 30,518 24,198 24,620 25,041 25,464 25,883 26,302 26,781 27,258 27,730 28,204 28,678 29,156 29,644 30,144 30,655 31,172 Chief Custodian Chief Custodian Maintenance 5 or Fewer 6 or More Mechanic* Custodians* Custodians* 24,482 25,603 26,124 24,903 26,025 26,651 25,325 26,464 27,206 25,744 26,938 27,753 26,168 27,414 28,235 26,621 27,891 28,855 27,098 28,361 29,409 27,571 28,835 29,959 28,046 29,311 30,511 28,519 29,786 31,059 28,995 30,259 31,613 29,471 30,731 32,163 29,958 31,212 32,726 30,458 31,704 33,302 30,970 32,204 33,888 31,489 32,714 34,487 * — Annual Salary in Whole Dollars. Skilled Craftsperson* Yrs. of Exp. 26,619 27,256 27,887 28,519 29,153 29,786 30,417 31,049 31,683 32,316 32,948 33,582 34,232 34,896 35,577 36,272 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (b) The salaries stipulated in subsection (a) of this section shall be increased for special training as defined by the certifying board by the addition of the following annual amount: Chief Custodian Firefighter and Custodian-Firefighter Custodian $883 $662 $439 (c) One twelfth of the salary rate set forth under subsection (a) of this section shall be deducted for each month that the employee is not employed. (46 Del. Laws, c. 48, § 4; 47 Del. Laws, c. 195, § 1; 48 Del. Laws, Sp. Sess., c. 489, § 4; 14 Del. C. 1953, § 1311; 50 Del. Laws, c. 261, § 5; 50 Del. Laws, c. 602, § 1; 51 Del. Laws, c. 199, § 1; 51 Del. Laws, c. 279, § 1; 52 Del. Laws, c. 344, § 9; 54 Del. Laws, c. 43, § 7; 55 Del. Laws, c. 409, § 5; 56 Del. Laws, c. 143, § 3; 56 Del. Laws, c. 292, § 13; 56 Del. Laws, c. 470, § 4; 57 Del. Laws, c. 333, §§ 9, 10; 58 Del. Laws, c. 192, § 1; 58 Del. Laws, c. 304, § 1; 59 Del. Laws, c. 34; 60 Del. Laws, c. 33, §§ 1, 2; 61 Del. Laws, c. 407, § 3; 61 Del. Laws, c. 409, § 106; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, § 11(f); 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(vii); 64 Del. Laws, c. 220, § 6(a), (b); 64 Del. Laws, c. 334, § 11(j)(7), (8); 65 Del. Laws, c. 87, § 11(k)(3); 65 Del. Laws, c. 348, § 12(r)(6), (7); 66 Del. Laws, c. 85, § 12(p)(6), (7); 66 Del. Laws, c. 303, § 12(m)(6); 67 Del. Laws, c. 47, § 12(o)(8); 67 Del. Laws, c. 281, § 8(o)(3); 68 Del. Laws, c. 84, § 8(m)(2); 68 Del. Laws, c. 290, § 8(m)(3); 69 Del. Laws, c. 64, § 8(m)(3); 69 Del. Laws, c. 291, § 8(i)(5), (6); 70 Del. Laws, c. 118, § 8(i)(3); 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, § 8(i)(3); 71 Del. Laws, c. 132, §§ 8(m)(3), 377; 71 Del. Laws, c. 180, § 69; 71 Del. Laws, c. 354, §§ 8(n)(3), 374, 375; 72 Del. Laws, c. 94, § 8(n)(4); 72 Del. Laws, c. 395, § 8(n)(3); 73 Del. Laws, c. 74, § 8(n) (3); 73 Del. Laws, c. 312, § 8(m)(3); 74 Del. Laws, c. 307, § 8(m)(4); 75 Del. Laws, c. 89, § 8(m)(4); 75 Del. Laws, c. 350, § 8(m) (3); 76 Del. Laws, c. 80, § 8(m)(3); 77 Del. Laws, c. 84, § 8(m)(3); 77 Del. Laws, c. 327, § 8(m)(3); 78 Del. Laws, c. 78, § 8(m) (8), (15); 78 Del. Laws, c. 290, § 8(m)(5)(iv); 79 Del. Laws, c. 78, § 8(m)(5)(iv); 79 Del. Laws, c. 290, § 8(m)(5)(iv), (6)(iv); 80 Del. Laws, c. 298, § 8(m)(5)(iv); 81 Del. Laws, c. 58, § 8(m)(5)(iv); 81 Del. Laws, c. 280, § 8(m)(6)(iv); 82 Del. Laws, c. 64, § 8(m) (6)(iv); 83 Del. Laws, c. 54, § 8(m)(6)(iv); 83 Del. Laws, c. 325, § 8(m)(6)(iv); 84 Del. Laws, c. 81, § 8(m)(6)(iv).) § 1312. Experience. (a) In the case of a teacher, principal or superintendent, or other administrative employee, the term “years of experience” in determining salary in accordance with § 1305 of this title means years of service in any public school or regularly organized private school. Ninetyone days in any school year shall constitute 1 year of experience, but not more than 1 year of experience may be credited for any 1 calendar year. Years of service in the armed forces shall also be counted as years of experience in accordance with the rules and regulations adopted by the Department of Education in this respect. A graduate of a 5-year preservice program that includes an extensive clinical component in the fifth year, or a graduate of a 4-year preservice program who graduates with a grade point average (GPA) of 3.75 or higher on a 4.0 scale, or the equivalent, must be granted 1 year of experience in addition to any other experience granted in accordance with this section. (b) In the case of a person employed as a teacher of trades and industries, or as a coordinator of distributive education, work experience shall be allowed on a year for year basis for full-time work experience in the trade of the teaching subject for those years of work experience beyond years counted toward qualification for certification under rules and regulations of the Department of Education. One hundred Page 153 Title 14 - Education and thirty-one working days in any school year shall constitute 1 year of work experience but not more than 1 year of experience may be credited for any 1 calendar year. (c) In the case of a Department of Education employee who is required to meet certification requirements as specified in the Manual for the Certification of Professional Public School Personnel but is employed in the non-instructional areas of transportation, finance/ business management, human resources/personnel management, purchasing, community/public relations, administrative services, pupil services, audiology, occupational therapist, physical therapist, psychologist, speech language pathologist, human relations, nurse, social work/services, information technology or a specialized assignment comparable to these areas, work experience shall be allowed on a year for year basis for full-time work experience in a directly related position in public or private business in accordance with rules established by the Department of Education. Nothing in this section shall be construed as changing or modifying the certification requirements relating to these noninstructional positions. (d) In the case of personnel whose salaries are based wholly or in part upon §§ 1306, 1307, 1308, 1309, 1310, 1311, 1321, 1322, 1324, and 1336 of this title, experience shall be evaluated by the Department of Education, taking into consideration the number of months and the nature of the services rendered. (e) Beginning with the fiscal year ending June 30, 1998, experience for all public education employees shall be credited according to the provisions of subsections (a) through (d) of this section. No employee shall be entitled to retroactive payment of salary as a result of any changes in experience resulting from the provisions of subsections (a) through (d) of this section. (f) In the case of a teacher or specialist with at least 4 years of full-time experience as a Title 1 or instructional paraprofessional in a public school who has been issued a permit by the Department of Education or an equivalent agency in another state prior to becoming a teacher or specialist, the teacher or specialist is given 1 year of experience credit on the salary schedule under § 1305 of this title for every 2 years of full-time experience as such a paraprofessional in a public school. This subsection only applies to teachers hired after August 9, 2023. (46 Del. Laws, c. 48, §§ 1-4; 47 Del. Laws, c. 195, § 1; 48 Del. Laws, Sp. Sess., c. 489, §§ 2-4; 14 Del. C. 1953, § 1312; 50 Del. Laws, c. 602, § 1; 52 Del. Laws, c. 344, § 10; 53 Del. Laws, c. 177; 58 Del. Laws, c. 262, §§ 4-6; 59 Del. Laws, c. 34; 71 Del. Laws, c. 132, §§ 353, 355; 71 Del. Laws, c. 180, § 69; 72 Del. Laws, c. 294, § 36; 78 Del. Laws, c. 290, § 8(m)(5)(viii); 82 Del. Laws, c. 242, § 358; 84 Del. Laws, c. 157, § 1.) § 1313. Employment requirements. A person may not be employed by a public school employer in any position requiring licensure and certification if the person does not meet licensure and certification requirements established under Chapter 12 of this title, except pursuant to a license extension and/ or emergency certificate issued pursuant to Chapter 12. A person’s salary may not be reduced because that person is employed under a license extension and/or emergency certificate. (46 Del. Laws, c. 48, § 5; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1313; 50 Del. Laws, c. 261, § 10; 50 Del. Laws, c. 602, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 69; 72 Del. Laws, c. 294, § 38.) § 1314. Limitation on salary decreases. The salary paid from state funds to any person covered by this chapter shall not be reduced by reason of the application of any salary schedule contained in this chapter, except in the case of a change to a lower classification. (46 Del. Laws, c. 48, § 5; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1314; 50 Del. Laws, c. 602, § 1; 51 Del. Laws, c. 57, § 1; 52 Del. Laws, c. 344, § 11; 53 Del. Laws, c. 422; 54 Del. Laws, c. 43, § 8; 55 Del. Laws, c. 409, § 6; 56 Del. Laws, c. 470, § 5; 57 Del. Laws, c. 333, § 11; 59 Del. Laws, c. 34.) § 1315. Rules and regulations. The Department of Education may make such rules and regulations as it deems appropriate to make the application of the salary schedules contained in this chapter uniform throughout the State. (46 Del. Laws, c. 48, § 9; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1315; 50 Del. Laws, c. 602, § 1; 71 Del. Laws, c. 180, § 69.) § 1316. Determination of number of employees and months of employment. The Department of Education shall determine the number and months of employment in a school year of the personnel employed in each district whose salaries may be paid out of state funds under any salary schedule contained in this chapter, except teachers whose salaries are paid for 10 months per year and except such numbers and months of employment of personnel otherwise specified by law. (46 Del. Laws, c. 48, § 9; 47 Del. Laws, c. 195, § 1; 14 Del. C. 1953, § 1316; 50 Del. Laws, c. 602, § 1; 56 Del. Laws, c. 292, § 14; 71 Del. Laws, c. 180, § 69.) § 1317. Method of salary payments. Ten-month employees in public and higher education shall have the option of being paid bi-weekly payments during the contract or annual period, provided that such employees shall indicate their preference at the time of signing their contract for the ensuing school year and that the method of salary payment so designated shall not be changed during the period of the aforementioned contract. (14 Del. C. 1953, § 1317; 50 Del. Laws, c. 103, § 2; 50 Del. Laws, c. 602, § 1; 54 Del. Laws, c. 177; 71 Del. Laws, c. 354, § 32.) Page 154 Title 14 - Education § 1318. Sick leave and absences for other reasons; accumulation of annual leave. (a) Teachers and other school employees shall be allowed 10 days of sick leave per year with full pay; those teachers and other school employees employed 11 months a year shall be allowed 11 days of sick leave per year with full pay; and those teachers and other school employees employed 12 months a year shall be allowed 12 days of sick leave per year with full pay. Any unused days of such leave shall be accumulated to the employee’s credit without limit. (b) (1) In the case of a death in the immediate family of the employee, there shall be no reduction of salary of said employee for an absence not to exceed 5 working days. (2) For purposes of this section, “immediate family” means any of the following: a. The employee’s spouse or domestic partner. b. The employee’s parent, stepparent, or child. c. The parent, stepparent, or child of the employee’s spouse or domestic partner. d. The employee’s grandparent or grandchild. e. The employee’s sibling. f. The spouse of the employee’s child. g. A relative who resides in the employee’s household. h. A minor child for whom the employee has assumed and carried out parental responsibilities. (3) This absence shall be in addition to other leaves granted the employee. (c) (1) In the case of a serious illness of a member of the employee’s immediate family that requires the employee’s personal attention, an employee may use accrued sick leave. (2) An employee who needs sick leave under this subsection shall inform that employee’s own immediate supervisor of the fact and reason in advance, when possible, or otherwise before the expiration of the first hour of absence or as soon thereafter as practicable. (3) The failure of an employee to comply with paragraph (c)(2) of this section may be cause for denial of pay for the period of absence. (4) Before approving pay for sick leave, the supervisor may, at that supervisor’s discretion, require either a doctor’s certificate or a written statement signed by the employee setting forth the reason for the absence. (5) In the case of an absence of more than 5 consecutive days, a doctor’s certificate is required as a condition of approval. (d) (1) In case of the death of a near relative, there shall be no deduction in the salary of the employee for an absence not to exceed 1 working day. (2) An absence under paragraph (d)(1) of this section may be used on the day of the funeral or the day before or the day after the funeral. (3) For purposes of this subsection, “near relative” means any of the following: a. The employee’s first cousin, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or grandparent-in-law. b. Any friend living in the employee’s household. (e) In the case of the observance of recognized religious holidays, an employee may be absent without loss of pay on no more than 3 calendar days per year. The days so lost are to be counted in the sick leave of the employee. (f) (1) An employee may be absent without loss of pay no more than 5 days per fiscal year for personal reasons of the employee. These absences are included in the employee’s sick leave and employee’s officer. Requests to be absent for personal reasons may be approved by building level administrators, provided that the building level administrator cannot ask the employee the reason for the request. Requests that are being considered for denial shall be forwarded to the chief school officer or the local education agency human resources administrator designated for processing such requests. The chief school officer and the human resources administrator may ask the employee the reason for the request, provided that the employee is not required to provide the reason for the request. A request to be absent for personal reasons may only be denied if school operational requirements cannot be met. (2) a. An employee may be absent without loss of pay for any of the following reasons: 1. To appear under subpoena to testify, unless the employee is 1 of the parties in the proceeding or the subpoena arises from other employment or activities of the employee. 2. To report to serve on a jury. b. The time an employee is absent under this paragraph (f)(2) is not an absence for personal reasons under paragraph (f)(1) of this section and does not count toward the days provided under paragraph (f)(1) of this section. c. An employee shall notify the employee’s chief school officer in advance of the need to be absent under this paragraph (f)(2) and provide a copy of the subpoena or jury duty notification. (g) An employee retired subsequent to June 1, 1969, after serving in covered employment under Chapter 55 of Title 29, shall, on retirement, be paid for each unused sick leave day, not to exceed 90 days. The total amount paid shall be based upon that portion of the salary computed in accordance with state schedules, regardless of the source of funding, and shall be based upon 50% of the per diem rate of pay in effect at the time of retirement. Effective July 1, 1986, in the event of the death of a teacher or other school employee, payment shall be made to that teacher’s or other school employee’s estate at the rate of 1 day’s pay for each day of unused sick leave not to exceed Page 155 Title 14 - Education 90 days. Effective July 1, 1991, for school employees of the Department of Education and school district boards of education the per diem rate shall be 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule for those employed 10 months; for those employed 11 months the per diem rate shall be 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule; and for those employed 12 months, the per diem rate shall be 1/222 of the annual salary based on state salary schedule. The local employing agency shall certify the number of days to which the employee shall be entitled. This section also applies to retired Delaware State Police who return to state service as a teacher or other school employee, and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees’ Pension Plan to the extent such person did not utilize the 75-day maximum following retirement from the Delaware State Police. (h) The maximum amount of annual leave which any employee shall be permitted to accumulate shall be 42 days. At the end of each fiscal year, the accumulated annual leave of each employee shall equal not more than 42 days. Where, prior to the end of a fiscal year, an employee has accumulated more than 42 days of annual leave, such annual leave shall be adjusted to 42 days at the end of such fiscal year. (i) Effective September 1, 1991, the per diem rates used to pay retiring employees for accrued annual leave shall be identical to the per diem rates for sick leave contained in subsection (g) of this section. (j) Any absence not covered under subsections (a) through (f) of this section is considered unexcused. (k) A duly elected president of the Delaware State Education Association, as defined in Chapter 40 of this title, who requests a leave of absence without pay from a school board shall be granted a leave of absence by said school board from service for the duration of the elected term. Said employee shall be eligible to purchase health insurance for said employee's own self and eligible dependents and other state benefits at that employee’s cost during said leave of absence. Other duly elected officers of the Delaware State Education Association shall be granted 45 release days by the employing board to represent the Association for education-related business. The Association shall be responsible for the costs of substitute teachers when utilized to provide coverage for the elected officer. In addition, when the Association determines the need and makes a request for the hiring of a teaching partner, the duly elected officer shall be granted no less than 60 or more than 100 release days by the employing school board to represent the Association for education-related business. The teaching partner will be hired on a full-time and annual basis to ensure continuity of instruction during periods of time when the Association officer is engaging in education-related business as a representative of the Association. Release time granted pursuant to this section shall be in addition to other leaves granted the employee by this section. The Association shall be responsible for the cost incurred related to the hiring of the teaching partner. (14 Del. C. 1953, § 1318; 50 Del. Laws, c. 436, § 1; 50 Del. Laws, c. 602, § 1; 51 Del. Laws, c. 44; 55 Del. Laws, c. 147; 56 Del. Laws, c. 39; 56 Del. Laws, c. 287; 57 Del. Laws, c. 238; 58 Del. Laws, c. 120; 58 Del. Laws, c. 306, § 5f; 58 Del. Laws, c. 549; 59 Del. Laws, c. 456, § 1; 59 Del. Laws, c. 503, § 1; 62 Del. Laws, c. 35, § 1; 62 Del. Laws, c. 154, § 1; 62 Del. Laws, c. 345, § 1; 63 Del. Laws, c. 167, § 1; 66 Del. Laws, c. 96, § 1; 67 Del. Laws, c. 117, § 1; 68 Del. Laws, c. 84, §§ 186, 187; 69 Del. Laws, c. 64, § 272; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, § 351; 71 Del. Laws, c. 136, § 1; 71 Del. Laws, c. 180, § 69; 72 Del. Laws, c. 215, § 1; 72 Del. Laws, c. 294, § 39; 72 Del. Laws, c. 395, § 352; 73 Del. Laws, c. 74, § 346; 73 Del. Laws, c. 312, § 258; 74 Del. Laws, c. 68, § 270; 74 Del. Laws, c. 307, §§ 308(c), 309; 75 Del. Laws, c. 89, § 343; 75 Del. Laws, c. 298, § 1; 75 Del. Laws, c. 350, § 354; 81 Del. Laws, c. 117, § 1; 84 Del. Laws, c. 19, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 122, § 1.) § 1318A. Donated leave program [Effective until fulfillment of the contingency in 81 Del. Laws, c. 187, § 3] (a) “Donated leave program” means a program: (1) In which 1 or more employees of a public school district may transfer accrued, unused sick leave days to 1 or more other employees of the same public school district; (2) Is established by the public school district as a local Board of Education policy and/or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of Title 14; and (3) Is consistent with the provisions set forth in subsection (b) of this section. No donated leave program shall prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit. (b) Any donated leave shall be required to comply with the following requirements: (1) Employees wishing to donate accrued sick leave must donate in increments of whole days. For every 2 days donated, 1 day will be made available to a recipient. (2) Donated days shall be made available only for recipients within the school district for a catastrophic illness of a recipient or of a member of a recipient’s family. For this section, “catastrophic illness” shall mean any illness or injury to an employee or to a member of an employee’s family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee’s family unable to work, or, in the case of a family member who does not work, the medical equivalent of “unable to work”, to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related medical condition and occurring within any 12-month consecutive period, shall be considered the same period of disability. For this section, “family member” or “member Page 156 Title 14 - Education of an employee’s family” means an employee’s spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member’s catastrophic illness. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the employee’s “catastrophic illness” as certified by the physician. This provision is limited to an absence that occurs because of an employee’s “catastrophic illness” not a family member’s “catastrophic illness.” (3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor’s rate of pay, shall re-convert the cash value to hours of leave at the recipient’s rate of pay, and shall then credit the recipient’s account. (4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before that employee is eligible for donated leave time. (5) The recipient shall have used all of that recipient’s own sick days and personal days and half of that recipient’s annual leave, where applicable. However, when donated leave is for the catastrophic illness of a family member, the employee must have used all of that employee’s sick days, personal days and annual leave. (6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence. (7) No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this section. (8) The liability of the State under this program shall be limited to paying the state share of salary, benefits and other employment costs paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of this title, if applicable. (9) Any recipient of this program is subject to a 1-work-year cap with the number of days equal to 188 days for a 10-month employee; 207 days for 11-month employees; and 222 days for a 12-month employee. (10) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy. (c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of § 5956 of Title 29. (71 Del. Laws, c. 136, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 354, § 390; 72 Del. Laws, c. 294, § 44; 72 Del. Laws, c. 395, § 353; 72 Del. Laws, c. 440, §§ 1-5; 73 Del. Laws, c. 74, § 347; 73 Del. Laws, c. 312, § 259; 73 Del. Laws, c. 321, § 15; 74 Del. Laws, c. 68, § 269; 74 Del. Laws, c. 307, § 308(b); 74 Del. Laws, c. 402, §§ 1-3; 75 Del. Laws, c. 89, § 342; 81 Del. Laws, c. 187, § 1.) § 1318A. Donated leave program [Effective upon fulfillment of the contingency in 81 Del. Laws, c. 187, § 3]. (a) “Donated leave program” means a program: (1) In which 1 or more employees of a public school district may transfer accrued, unused sick leave days to 1 or more other employees of the same public school district; (2) Is established by the public school district as a local Board of Education policy and/or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of Title 14; and (3) Is consistent with the provisions set forth in subsection (b) of this section. No donated leave program shall prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit. (b) Any donated leave shall be required to comply with the following requirements: (1) Employees wishing to donate accrued sick leave must donate in increments of whole days. For every 2 days donated, 1 day will be made available to a recipient. (2) Donated days shall be made available only for recipients within the school district for use in connection with either of the following: a. A catastrophic illness of a recipient or of a member of a recipient’s family. — For this section, “catastrophic illness” shall mean any illness or injury to an employee or to a member of an employee’s family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee’s family unable to work, or, in the case of a family member who does not work, the medical equivalent of “unable to work,” to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related medical condition and occurring within any 12-month consecutive period, shall be considered the same period of disability. For this section, “family member” or “member of an employee’s family” means an employee’s spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member’s catastrophic illness. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the employee’s “catastrophic illness” as certified by the physician. This provision is limited to an absence that occurs because of an employee’s “catastrophic illness” not a family member’s “catastrophic illness.” b. Parental leave. — Page 157 Title 14 - Education An employee of a school district otherwise eligible under paragraphs (b)(4) and (5) of this section to receive donated leave shall become eligible to receive up to 12 weeks of such leave upon the birth of a child of the employee or the employee’s spouse, or upon the adoption by the employee of a child who is 6 years of age or younger. Such eligibility shall expire at the end of the 6month period beginning on the date of such birth or adoption. Subject to the 12-week maximum, donated leave may be used by the recipient for subsequent absence for a period of 1 year following the birth or adoption for maternal or pediatric medical care requiring hospitalization or extended care at home. (3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor’s rate of pay, shall re-convert the cash value to hours of leave at the recipient’s rate of pay, and shall then credit the recipient’s account. (4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before that employee is eligible for donated leave time. (5) The recipient of donated leave in connection with parental leave or the recipient’s own catastrophic illness shall have used all of that recipient’s own sick days and personal days and half of that recipient’s annual leave, where applicable. For those employees not eligible for annual leave the recipient shall have used all of that recipient’s personal days and all but 3 sick days. A recipient of donated leave for the catastrophic illness of a family member must have used all of that employee’s sick days, personal days and annual leave. (6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence. (7) No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this section. (8) The liability of the State under this program shall be limited to paying the state share of salary, benefits and other employment costs paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of this title, if applicable. (9) Any recipient of this program is subject to a 1-work-year cap with the number of days equal to 188 days for a 10-month employee; 207 days for 11-month employees; and 222 days for a 12-month employee. (10) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy. (c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of § 5956 of Title 29. (d) The leave described in this section is intended to run concurrently with any leave available under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. (71 Del. Laws, c. 136, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 354, § 390; 72 Del. Laws, c. 294, § 44; 72 Del. Laws, c. 395, § 353; 72 Del. Laws, c. 440, §§ 1-5; 73 Del. Laws, c. 74, § 347; 73 Del. Laws, c. 312, § 259; 73 Del. Laws, c. 321, § 15; 74 Del. Laws, c. 68, § 269; 74 Del. Laws, c. 307, § 308(b); 74 Del. Laws, c. 402, §§ 1-3; 75 Del. Laws, c. 89, § 342; 81 Del. Laws, c. 187, § 1.) § 1318B. Leave for bone marrow or organ donation. (a) Definitions. — As used in this section: (1) “Bone marrow” means the soft material that fills the human bone cavities; (2) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person; (3) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person; (4) “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person. (b) In any calendar year, a teacher or school employee is entitled to the following leave in order to serve as a bone marrow donor or organ donor: (1) No more than 7 days of leave to serve as a bone marrow donor; (2) No more than 30 days of leave to serve as an organ donor. (c) A teacher or school employee may use the leave provided by this section without loss or reduction of pay, leave to which the teacher or employee is otherwise entitled, credit for time or service, or performance or efficiency rating. (d) This section applies to teachers and school employees who are included in a collective bargaining unit, unless a collective bargaining agreement contains provisions dealing with leave for bone marrow donation and organ donation. (73 Del. Laws, c. 104, § 2.) § 1319. Records of absences; proof. Each employing board shall keep an accurate record of the absences from duty and reasons therefor of all employees for whatsoever reason, and may require a statement from the employee when absent because of illness to the effect that the employee was unable to perform that employee’s own duties during the period of absence. The board may request a physician’s certificate if in its judgment this is necessary. (14 Del. C. 1953, § 1319; 50 Del. Laws, c. 436, § 1; 50 Del. Laws, c. 602, § 1; 70 Del. Laws, c. 186, § 1.) Page 158 Title 14 - Education § 1320. Deduction for unexcused absence. For each day’s absence for reasons other than those permitted under § 1318 of this title, there shall be deducted 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary; 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary; 1/222 for an employee who is employed for 12 months, for each day of unexcused absence. (14 Del. C. 1953, § 1320; 50 Del. Laws, c. 436, § 1; 50 Del. Laws, c. 602, § 1; 57 Del. Laws, c. 333, § 12; 68 Del. Laws, c. 84, § 188; 69 Del. Laws, c. 64, § 273; 72 Del. Laws, c. 294, § 40; 72 Del. Laws, c. 395, § 354; 73 Del. Laws, c. 74, § 348; 73 Del. Laws, c. 312, § 260; 74 Del. Laws, c. 68, § 271; 74 Del. Laws, c. 307, § 308(d); 75 Del. Laws, c. 89, § 344.) § 1321. Salary schedules for certain professional personnel employed by the Department of Education; employment formulae and salary schedules for certain professional personnel employed by the school districts. (a) A professional employee of the Department of Education having the qualifications required by the certifying board shall receive as an annual salary the amount for which that professional employee’s qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined in accordance with either the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater. STATE BOARD OF EDUCATION AND STATE BOARD FOR VOCATIONAL EDUCATION Yrs. Admin. Exper. Teacher/Other Educ. Spec. Supervisor/ Assist. Supt./ Deputy Supt. State Supt. Educ. Assoc. Assoc. Supt. 0 To be paid as $750 $2,628 $6,966 $12,040 Total salary shall 1 provided for 1,126 3,003 7,454 12,571 be as specified 2 1,503 3,379 7,962 13,102 in § 1305 of in the annual 3 1,878 3,753 8,470 13,652 this title and as Budget Act. 4 2,253 4,129 8,979 14,229 shown below. 5 2,467 4,521 9,488 14,807 6 2,664 4,883 9,996 15,383 7 2,850 5,225 10,504 15,959 8 3,150 5,596 11,009 16,535 9 3,450 5,967 11,514 17,114 STATE BOARD OF EDUCATION AND STATE BOARD FOR VOCATIONAL EDUCATION Yrs. Admin. Exper. Teacher/Other Educ. Spec. Supervisor/ Assist. Supt./ Deputy Supt. State Supt. Educ. Assoc. Assoc. Supt. 0 To be paid as .04 .08 .37 .55 Total salary shall 1 provided for .05 .09 be as specified 2 .06 .10 in § 1305 of in the annual 3 .07 .11 this title and as Budget Act. 4 .08 .12 shown below. The Department of Education shall be authorized to revise the salary to be paid to any of its professional personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall be authorized to designate up to 17 positions within its authorized full-time complement to function as team leaders or directors. In recognition of the administrative or management responsibility assigned to these positions, such individuals shall receive up to $7,210 more than the amount that a similarly qualified and experienced education associate would be entitled to receive in accordance with the provisions of this chapter. The Department shall annually conduct a performance review of each of its professional employees and establish the salary to be paid to each employee which shall not be less than the amount shown in the above schedule nor shall it exceed the allowable maximum salary determined by the above method. The Department shall annually present its revised salary schedule to the State Treasurer who shall pay the additional amount required for each employee because of the application of the revised schedule for the General Fund, notwithstanding any other laws of this State. Page 159 Title 14 - Education (b) One twelfth of the additional amount set forth in the schedule in subsection (a) of this section shall be deducted for each month that the employee is not employed. (c) Each teacher, specialist, supervisor, administrative assistant, director and assistant superintendent employed by a district and having the qualifications required by the certifying board shall receive as an annual salary the amount for which such teacher, specialist, supervisor, administrative assistant, director and assistant superintendent qualifies under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined, either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater. Years of Administrative Experience 0 1 2 3 4 5 6 7 8 9 Teachers, Specialists Years of Administrative Experience 0 1 2 3 4 Teachers, Specialists To be paid as provided for in § 1305 of this title. To be paid as provided for in § 1305 of this title. SCHOOL DISTRICTS Supervisor Administrative Assistants $1,350 1,601 1,851 2,103 2,352 2,518 2,671 2,816 3,025 3,234 $1,726 1,976 2,228 2,478 2,728 2,930 3,116 3,292 3,516 3,740 SCHOOL DISTRICTS Supervisor Administrative Assistants .07 .08 .09 .10 .11 .08 .09 .10 .11 .12 Director Assistant Superintendent $1,851 2,478 3,103 3,728 4,353 4,710 5,039 5,350 5,850 6,350 $3,103 3,728 4,353 4,980 5,605 6,080 6,518 6,932 7,479 8,026 Director Assistant Superintendent .22 .27 (d) One twelfth of the additional amount set forth in the schedule in subsection (c) of this section shall be deducted for each month that the employee is not employed. (e) During the fiscal year beginning July 1, 1970, and annually thereafter a reorganized school district may employ the following personnel: (1) Assistant superintendents for a period of 12 months per year at the rate of 1 for each full 300 state units of pupils not to exceed a total of 2 per reorganized school district; (2) Directors for a period of 12 months per year at the rate of 1 for the first full 200 state units of pupils and 1 for each additional full 100 state units of pupils not to exceed a total of 6 per reorganized school district; (3) Administrative assistants for a period of 12 months per year at the rate of 1 per reorganized school district; (4) Supervisors for a period of 11 months during the fiscal year 1982 and thereafter at the rate of 1 for each full 150 state units of pupils. Those districts with less units than needed for a supervisor, the Department of Education shall provide support for the fractional part of the first supervisor; (5) Specialist. — Visiting teachers for a period of 10 months per year at the rate of 1 for each full 250 state units of pupil. For districts that do not qualify for a visiting teacher, fractional units shall be provided to allow for such personnel; (6) Specialist. — Driver education teachers for a period of 10 months per year at the rate of 1 for each full 125 10th grade students in the district or 1/5 of a teacher for each full 25 tenth grade students in the district; (7) Supervisors of transportation for a period of 12 months per year at the rate of 1 such supervisor per 7,500 or more enrolled pupils. For districts that do not qualify for a transportation supervisor, fractional units shall be provided to allow for such personnel. (8) Supervisors of school lunch for a period of 12 months per year, such supervisors to be paid at the salary of “supervisors” as set forth in subsection (c) of this section at the rate of: a. One such supervisor in any district having less than 500 units having 4 or more schools with school lunch programs; Page 160 Title 14 - Education b. One in any district having 500 units or more, 1 such supervisor for every 500 full units. In addition, each such school district shall employ such additional supervisors so that the total number of such supervisors equals 1 supervisor for each 300 full units to be paid out of revenue receipts from cafeteria funds. (9) School districts are authorized to receive cash for any official administrative position that the district qualifies for under the provisions of paragraph (e)(1), (2), (3), (4), (7) or (8) of this section. This option shall apply only if the district has not filled the position at any time during the fiscal year. The value of this cash option will be the corresponding value of doctorate plus 10 years of experience on the schedule in § 1305 of this title plus the amount for state administrative supplement from the salary schedule in § 1321(c), at 9 years’ experience for the administrative type involved. If a position is gained as a result of unit growth and this option is utilized for that position, the district will receive 3/4 of the above funds. Districts wishing to exercise this option must make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision. Funds received as a result of this section may be used for any Division I or Division II purpose. Funds received as a result of this section may not be used to supplement state salaries authorized in this chapter for any employee; (10) Specialist. — Related services positions which include physical therapists, occupational therapists, speech language pathologists, school psychologists or other related services specialists as identified in department regulation will be funded for a period of 12 months per year at a rate of 1 for every group of 3.0 children who are counted as complex; and for a period of 11 months at a rate of 1 for every group of 5.5 children counted as intensive; and for a period of 10 months at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units; (11) Deaf-blind program personnel. — Four related service units are assigned to the state-wide deaf-blind program for appropriate therapists and other personnel for 12 months per year. a. Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as the administrative agency for a statewide program for deaf-blind pupils that district may employ specialists as herein authorized to serve the entire statewide program. Specialists so employed shall be paid according to the salary authorized for teachers in § 1305 of this title. The school district authorized to employ such specialists and the coordinator may provide additional salary to such personnel according to § 1304 of this title and shall recover funds so expended from the school districts responsible for the day-to-day instruction of the deaf-blind persons according to Chapter 6 of this title. Salary authorized by § 1304 of this title may be provided according to Chapter 6 of this title. b. If the option to purchase services under this section is exercised, then the dollar value of each full-time equivalent shall be the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months. The calculation of this funding shall be for the current school year. Expenditures of this nature may be used for the purchase of personal services. Any school district wishing to use funds under this option shall first make application to the Department of Education for such use and proceed to exercise the option only after approval by the Department of Education; provided, that the State Board may review any objection to the Department’s decision. c. Coordinator. — Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as administrator for the statewide program for deaf-blind pupils that district may employ a statewide coordinator at the principal’s rank and salary; (12) Specialists. — All related services units are earned at the district or charter school level. Preschool, basic, intensive and complex related services units earned shall be used to support related services needs of students in those units. Districts may use earned units to hire any related services staff necessary or alternatively choose to provide all or part of those services through a contractual arrangement with a public or private agency. When providing services by contract, the dollar value of the contract shall not exceed the authorized salary for a teacher at the master’s level plus 10 years and employed for a period of 12 months per year as provided for in § 1305 of this title, divided by the number of months in the terms of the contract. Partial unit funding is provided based on the dollar value of the unit. Any school district wishing to use funds under the contractual option set forth in this section shall make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision; (13) Teachers, class aides and other personnel. — For units deemed basic, intensive or complex, units must be used to hire teachers, class aides, related services personnel or for contractual services for these or other student-related services. All earned units generated by students receiving special education services shall be used to support these students; (14) Supervisor of buildings and grounds for a period of 12 months per year at the rate of 1 per reorganized school district. — For a school district to have a building and grounds supervisor, it must have 95 or more building units as defined by the State Board of Education. Supervisors so employed shall be paid in accordance with subsection (c) of this section. This position is included in the total number of custodial personnel allowed; (15) Beginning with the fiscal year commencing July 1, 2005, any position generated by paragraph (e)(5) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title for each position; and (16) Beginning with the fiscal year commencing July 1, 2011, 40% of positions generated at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units under for paragraph (e)(10) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title. Page 161 Title 14 - Education The personnel employed pursuant to this subsection shall not be charged against the allotment of classroom teachers provided by these units of pupils, the provisions of § 1705 of this title notwithstanding. (f) In school districts which contract with the federal government to operate schools, the units of pupils in such schools shall be counted for entitlement of that school district under this section. (g) Whenever units in addition to state units are counted for entitlement under subsection (f) of this section, the salaries for such additional personnel shall be paid from state and federal funds on a prorated basis. (h) Vocational agriculture teachers may be employed for 12 months and paid in accordance with § 1305 of this title. (i) Allocations of personnel specified in this section shall apply, the provisions of § 1006 of this title notwithstanding. (14 Del. C. 1953, § 1321; 50 Del. Laws, c. 632, § 1; 51 Del. Laws, c. 57, § 2; 52 Del. Laws, c. 344, § 12; 54 Del. Laws, c. 272, § 1; 56 Del. Laws, c. 131, §§ 2, 3; 56 Del. Laws, c. 177, § 1; 56 Del. Laws, c. 292, § 15; 56 Del. Laws, c. 309; 56 Del. Laws, c. 434, §§ 1, 2; 57 Del. Laws, c. 113; 57 Del. Laws, c. 333, §§ 13, 14, 16; 57 Del. Laws, c. 401; 57 Del. Laws, c. 656; 58 Del. Laws, c. 189, § 1; 58 Del. Laws, c. 305, §§ 1, 4, 5; 58 Del. Laws, c. 526; 59 Del. Laws, c. 34; 59 Del. Laws, c. 498, §§ 1, 2; 60 Del. Laws, c. 571, §§ 5, 6; 61 Del. Laws, c. 516, § 5; 61 Del. Laws, c. 546, § 1; 62 Del. Laws, c. 68, §§ 42(e), 134; 62 Del. Laws, c. 86, § 33; 62 Del. Laws, c. 143, § 1; 62 Del. Laws, c. 277, §§ 11(f), 131(d), (e); 62 Del. Laws, c. 423, § 48(d), (e); 63 Del. Laws, c. 80, § 11(f), 112; 63 Del. Laws, c. 322, §§ 130, 138, 147(a); 63 Del. Laws, c. 396, §§ 1, 2; 64 Del. Laws, c. 49, §§ 1-4; 64 Del. Laws, c. 90, § 11(d)(viii), (ix); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(9), (10); 65 Del. Laws, c. 348, §§ 12(r)(8), 265; 65 Del. Laws, c. 381, § 3; 66 Del. Laws, c. 85, § 12(p)(8), (9); 66 Del. Laws, c. 303, §§ 12(m)(7), (8), 286(c); 68 Del. Laws, c. 27, § 1; 68 Del. Laws, c. 126, §§ 2-6; 68 Del. Laws, c. 290, §§ 224, 232; 69 Del. Laws, c. 64, §§ 276, 277; 69 Del. Laws, c. 291, § 300; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, §§ 278, 345; 71 Del. Laws, c. 132, §§ 354, 356, 367, 374; 71 Del. Laws, c. 180, §§ 69A, 70, 70A, 71-75; 71 Del. Laws, c. 354, § 373; 72 Del. Laws, c. 94, §§ 334-337, 384; 72 Del. Laws, c. 395, §§ 356, 386; 74 Del. Laws, c. 187, § 1; 75 Del. Laws, c. 89, § 376; 75 Del. Laws, c. 155, §§ 2-4; 75 Del. Laws, c. 350, § 378; 78 Del. Laws, c. 5, §§ 14-24; 78 Del. Laws, c. 78, § 315; 78 Del. Laws, c. 290, § 357; 81 Del. Laws, c. 280, § 368(a); 82 Del. Laws, c. 242, § 358; 83 Del. Laws, c. 325, §§ 380, 381; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 81, § 363.) § 1322. Salary schedule for school food service employees [For application of this section, see 84 Del. Laws, c. 81, § 8(m)(6)]. (a) School food service managers who work on a program of at least 7 hours per day of the 10-month school year (185 days) shall receive annual salaries in accordance with the following schedule: SCHOOL FOOD SERVICE MANAGERS* Step Number of Pupils in School Served by Cafeteria Below 351 351-500 501-800 801-1200 1201-1600 1601-2000 1 22,239 23,266 24,289 25,311 26,320 27,561 2 22,752 23,774 24,802 25,824 26,781 27,712 3 23,266 24,289 25,311 26,320 27,247 28,176 4 23,774 24,802 25,824 26,781 27,712 28,641 5 24,289 25,311 26,320 27,267 28,176 29,106 6 24,802 25,824 26,781 27,712 28,641 29,571 7 25,311 26,320 27,247 28,176 29,106 30,036 8 25,824 26,781 27,712 28,641 29,571 30,501 9 26,320 27,247 28,176 29,106 30,036 31,005 10 26,781 27,712 28,641 29,571 30,501 31,519 11 27,247 28,176 29,106 30,036 31,005 32,034 12 27,712 28,641 29,571 30,501 31,519 32,547 13 28,176 29,106 30,036 31,005 32,034 33,055 14 28,641 29,571 30,501 31,519 32,547 33,567 15 29,106 30,036 31,005 32,034 33,055 34,083 16 29,571 30,501 31,519 32,547 33,567 34,594 17 30,048 31,023 32,042 33,069 34,091 35,115 18 30,536 31,560 32,578 33,602 34,627 35,646 19 31,036 32,110 33,125 34,145 35,172 36,186 20 31,542 32,673 33,680 34,698 35,728 36,735 * — Annual Salary in Whole Dollars. Yrs of Exp. 2000+ 28,176 28,641 29,106 29,571 30,036 30,501 31,005 31,519 32,034 32,547 33,055 33,567 34,083 34,594 35,111 35,626 36,149 36,683 37,227 37,778 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Salaries provided for in this schedule shall be paid to the school food service manager of a single cafeteria. A food service manager responsible for the preparation of food for more than 1 cafeteria shall receive $400 for each additional cafeteria. A manager of satellite Page 162 Title 14 - Education cafeteria or cafeterias shall receive the salary provided for in this schedule less $200. A satellite cafeteria is defined as one where no basic food preparation takes place. A manager who manages more than 1 cafeteria shall receive the salary provided in this scale using the total school enrollments of all cafeterias managed. The salaries listed in this schedule for school food service managers shall be increased for additional training as defined by the State Board of Education as follows: One Year of College Two Years of College Bachelor’s Degree $452 $682 $1,360 (b) In the case of a school food service manager who is employed for less than full time as defined in subsection (a) of this section, the salary shall be computed on the basis of the fractional part of the hourly assignment. (c) School lunch cooks and school lunch general workers shall be paid no less than the minimum hourly wage in accordance with the federal statutes. School lunch cooks and school lunch general workers who work on the basis of a formula of 7 hours of labor per 100 meals (including adjusting of a la carte meals) shall receive minimum hourly wages in accordance with the following schedule: Step 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SCHOOL LUNCH COOKS AND GENERAL WORKERS* General Worker Cook/Baker 14.64 15.53 14.78 15.66 14.95 15.79 15.05 15.90 15.17 16.06 15.37 16.24 15.52 16.35 15.63 16.45 15.71 16.56 15.81 16.70 15.93 16.85 16.15 16.98 16.27 17.14 16.42 17.27 16.56 17.38 16.70 17.55 16.86 17.73 17.01 17.83 17.17 17.92 17.33 18.05 17.50 18.16 17.66 18.27 Years of Experience 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (d) The salaries prescribed in subsections (a) and (b) of this section for school lunch manager and district managers shall be paid from state funds. The wages prescribed in subsection (c) of this section for school lunch cooks and general workers shall be paid from funds derived from local school lunch operations and deposited by the local school district with the State Treasurer and from moneys derived from the General Fund of the State. A minimum of 25% of the salary prescribed in subsection (c) of this section for school lunch cooks and general workers shall be paid by the State from funds not derived from local school lunch operations. Only those funds designated for wages are to be so deposited. (14 Del. C. 1953, § 1322; 51 Del. Laws, c. 157, § 1; 52 Del. Laws, c. 344, § 13; 54 Del. Laws, c. 43, § 9; 55 Del. Laws, c. 409, § 7; 56 Del. Laws, c. 143, § 3; 56 Del. Laws, c. 470, §§ 6, 7; 57 Del. Laws, c. 333, §§ 15, 21-23; 58 Del. Laws, c. 192, § 1; 58 Del. Laws, c. 304, § 1; 59 Del. Laws, c. 34; 59 Del. Laws, c. 473, §§ 1, 2; 60 Del. Laws, c. 31, § 1; 61 Del. Laws, c. 407, §§ 3, 4; 61 Del. Laws, c. 409, §§ 106, 107; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, § 11(f); 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(x), (xi); 64 Del. Laws, c. 220, § 6(a), (b); 64 Del. Laws, c. 334, § 11(j)(11), (12); 65 Del. Laws, c. 87, § 11(k)(4), (5); 65 Del. Laws, c. 299, § 1; 65 Del. Laws, c. 348, § 12(r)(9), (10); 66 Del. Laws, c. 85, § 12(p)(10)-(12); 66 Del. Laws, c. 303, § 12(m)(9), (10); 67 Del. Laws, c. 47, § 12(o)(9), (10); 67 Del. Laws, c. 281, §§ 8(o)(4), (5); 68 Del. Laws, c. 84, § 8(m)(3), (4); 68 Del. Laws, c. 290, §§ 8(m)(4), (5); 69 Del. Laws, c. 64, § 8(m)(4), (5); 69 Del. Laws, c. 291, § 8(i)(7), (8); 70 Del. Laws, c. 118, §§ 8(i)(4), (5); 70 Del. Laws, c. 425, §§ 8(i)(4), (5); 71 Del. Laws, c. 132, § 8(m)(4), (5); 71 Del. Laws, c. 180, § 76; 71 Del. Laws, c. 354, § 8(n)(4), (5); 72 Del. Laws, c. 94, § 8(n)(5), (6); 72 Del. Laws, c. 294, § 42; 72 Del. Laws, c. 395, § 8(n)(4), (5); 73 Del. Laws, c. 74, § 8(n)(4), (5); 73 Del. Laws, c. 312, § 8(m)(4), (5); 74 Del. Laws, c. 307, § Page 163 Title 14 - Education 8(m)(5), (6); 75 Del. Laws, c. 77, § 41; 75 Del. Laws, c. 89, § 8(m)(5), (6); 75 Del. Laws, c. 350, §§ 8(m)(4), (5); 76 Del. Laws, c. 80, §§ 8(m)(4), (5); 77 Del. Laws, c. 84, § 8(m)(4), (5); 77 Del. Laws, c. 327, § 8(m)(4), (5); 78 Del. Laws, c. 78, § 8(m)(9), (10), (16) and (17); 78 Del. Laws, c. 290, § 8(m)(5)(v), (vi); 79 Del. Laws, c. 78, § 8(m)(5)(v), (vi); 79 Del. Laws, c. 290, § 8(m)(5)(v), (vi), (6)(v), (vi); 80 Del. Laws, c. 298, § 8(m)(5)(v), (vi); 81 Del. Laws, c. 58, § 8(m)(5)(v), (vi); 81 Del. Laws, c. 280, § 8(m)(6) (v), (vi); 82 Del. Laws, c. 64, § 8(m)(6)(v), (vi); 83 Del. Laws, c. 54, § 8(m)(6)(v); 83 Del. Laws, c. 325, § 8(m)(6)(v), (vi); 84 Del. Laws, c. 81, § 8(m)(6)(v), (vi).) § 1323. Maternity leave. Repealed by 71 Del. Laws, c. 180, § 77, effective July 31, 1997. § 1324. Salary schedule for paraprofessionals [For application of this section, see 84 Del. Laws, c. 81, § 8(m) (6)]. (a) Each service and instructional paraprofessional actually working and paid 10 months per year shall receive annual salaries in accordance with the following schedule: Step 1 2 3 4 5 6 7 8 9 10 Service Paraprofessionals* 23,835 24,740 25,684 26,671 27,700 28,776 29,899 31,074 32,299 33,577 Instructional Paraprofessionals* 26,822 27,859 28,943 30,074 31,254 32,486 33,776 35,121 36,524 37,991 * — Annual Salary in Whole Dollars Years of Experience 0 1 2 3 4 5 6 7 8 9 (b) All paraprofessionals employed under (former) subsection (a) of this section (now repealed) who are employed for more than 10 months per year shall receive 1/10 of the amount specified in subsection (a) of this section in salary for each additional month of employment each year. (c) Instructional paraprofessionals, paid under this section, who have received an associate degree, completed a minimum of 60 semester credits or have successfully passed a comprehensive testing mechanism to be defined by the Department of Education, shall receive an annual salary supplement in the amount of $662. (d) The funds received by charter schools, through the Department of Education, associated with staff members who qualify for the salary supplement described in subsection (c) of this section shall be paid to such employees in accordance with subsection (c) of this section. (e) The following shall apply to individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 2012: (1) An instructional paraprofessional who was paid in accordance with step 1 or 2 for the fiscal year ending June 30, 2012, shall be paid at step 1 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (2) An instructional paraprofessional who was paid in accordance with step 3 or 4 for the fiscal year ending June 30, 2012, shall be paid at step 2 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (3) An instructional paraprofessional who was paid in accordance with step 5 or 6 for the fiscal year ending June 30, 2012, shall be paid at step 3 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (4) An instructional paraprofessional who was paid in accordance with step 7 or 8 for the fiscal year ending June 30, 2012, shall be paid at step 4 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (5) An instructional paraprofessional who was paid in accordance with step 9, 10 or 11 for the fiscal year ending June 30, 2012, shall be paid at step 5 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (6) An instructional paraprofessional who was paid in accordance with step 12, 13 or 14 for the fiscal year ending June 30, 2012, shall be paid at step 6 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. Page 164 Title 14 - Education (7) An instructional paraprofessional who was paid in accordance with step 15, 16 or 17 for the fiscal year ending June 30, 2012, shall be paid at step 7 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (8) An instructional paraprofessional who was paid in accordance with step 18, 19 or 20 for the fiscal year ending June 30, 2012, shall be paid at step 8 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (9) An instructional paraprofessional who was paid in accordance with step 21, 22 or 23 for the fiscal year ending June 30, 2012, shall be paid at step 9 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (10) An instructional paraprofessional who was paid in accordance with step 24, 25 or 26 for the fiscal year ending June 30, 2012, shall be paid at step 10 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (f) The following shall apply to individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 2012: (1) A service paraprofessional who was paid in accordance with step 1 or 2 for the fiscal year ending June 30, 2012, shall be paid at step 1 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (2) A service paraprofessional who was paid in accordance with step 3 or 4 for the fiscal year ending June 30, 2012, shall be paid at step 2 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (3) A service paraprofessional who was paid in accordance with step 5, 6 or 7 for the fiscal year ending June 30, 2012, shall be paid at step 3 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (4) A service paraprofessional who was paid in accordance with step 8 or 9 for the fiscal year ending June 30, 2012, shall be paid at step 4 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (5) A service paraprofessional who was paid in accordance with step 10, 11 or 12 for the fiscal year ending June 30, 2012, shall be paid at step 5 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (6) A service paraprofessional who was paid in accordance with step 13 or 14 for the fiscal year ending June 30, 2012, shall be paid at step 6 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (7) A service paraprofessional who was paid in accordance with step 15, 16 or 17 for the fiscal year ending June 30, 2012, shall be paid at step 7 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (8) A service paraprofessional who was paid in accordance with step 18, 19 or 20 for the fiscal year ending June 30, 2012, shall be paid at step 8 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (9) A service paraprofessional who was paid in accordance with step 21, 22 or 23 for the fiscal year ending June 30, 2012, shall be paid at step 9 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (10) A service paraprofessional who was paid in accordance with step 24, 25 or 26 for the fiscal year ending June 30, 2012, shall be paid at step 10 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years. (g) For all instructional and service paraprofessionals beginning employment after July 1, 2012, experience credit, if any, pursuant to § 1312(d) of this title will be determined consistent with subsections (e) and (f) of this section. (14 Del. C. 1953, § 1324; 53 Del. Laws, c. 397; 55 Del. Laws, c. 276; 56 Del. Laws, c. 143, § 3; 56 Del. Laws, c. 470, § 7; 57 Del. Laws, c. 333, § 17; 58 Del. Laws, c. 192, § 1; 58 Del. Laws, c. 304, § 1; 59 Del. Laws, c. 34; 60 Del. Laws, c. 31, § 1; 60 Del. Laws, c. 571, § 3; 61 Del. Laws, c. 190, § 1; 61 Del. Laws, c. 407, § 5; 61 Del. Laws, c. 409, § 108; 61 Del. Laws, c. 516, § 4; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, §§ 11(f), 118; 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(xii); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(13); 65 Del. Laws, c. 87, § 11(k)(6); 65 Del. Laws, c. 348, § 12(r)(11); 65 Del. Laws, c. 381, § 4; 66 Del. Laws, c. 85, § 12(p)(13); 66 Del. Laws, c. 303, § 12(m)(11); 67 Del. Laws, c. 47, § 12(o)(11); 67 Del. Laws, c. 281, § 8(o)(6); 68 Del. Laws, c. 84, § 8(m)(5); 68 Del. Laws, c. 126, § 7; 68 Del. Laws, c. 290, § 8(m)(6); 69 Del. Laws, c. 64, § 8(m)(6); 69 Del. Laws, c. 291, § 8(i)(9); 70 Del. Laws, c. 118, § 8(i)(6); 70 Del. Laws, c. 425, § 8(i)(6); 71 Del. Laws, c. 132, § 8(m)(6); 71 Del. Laws, c. 180, § 78; 71 Del. Laws, c. 354, § 8(n)(6); 72 Del. Laws, c. 94, § 8(n)(7); 72 Del. Laws, c. 395, § 8(n)(6); 73 Del. Laws, c. 74, § 8(n)(6); 73 Del. Laws, c. 312, § 8(m)(6); 74 Del. Laws, c. Page 165 Title 14 - Education 307, § 8(m)(7); 75 Del. Laws, c. 89, §§ 8(m)(7), 424; 75 Del. Laws, c. 155, § 5; 75 Del. Laws, c. 350, § 8(m)(6); 76 Del. Laws, c. 80, §§ 8(m)(6), 359; 77 Del. Laws, c. 84, § 8(m)(6); 77 Del. Laws, c. 327, § 8(m)(6); 78 Del. Laws, c. 5, §§ 25, 26; 78 Del. Laws, c. 78, § 8(m)(11), (17); 78 Del. Laws, c. 290, § 8(m)(5)(vii), (ix); 79 Del. Laws, c. 78, § 8(m)(5)(vii); 79 Del. Laws, c. 290, § 8(m) (5)(vii), (6)(vii); 80 Del. Laws, c. 79, § 8(m)(5)(vii); 80 Del. Laws, c. 298, § 8(m)(5)(vii); 81 Del. Laws, c. 58, § 8(m)(5)(vii); 81 Del. Laws, c. 280, § 8(m)(6)(vii); 82 Del. Laws, c. 64, § 8(m)(6)(vii); 83 Del. Laws, c. 54, § 8(m)(6)(vi); 83 Del. Laws, c. 325, § 8(m)(6)(vii); 84 Del. Laws, c. 81, § 8(m)(6)(vii).) § 1325. Sabbatical leave. Sabbatical leave may be granted to any properly certified professional employee under the following conditions and provisions: (1) After 7 years of service as a fully certified professional employee defined as a teacher, nurse, supervisor, director, principal, superintendent, coordinator, psychologist and any other professional position in public education in this State, provided that at least 5 consecutive years of such service shall have been in the employ of the school board from which leave of absence is sought, unless such board in its discretion shall allow a shorter period of time; (2) For purposes of professional improvement or for the recovery of health after prolonged illness; (3) The period of leave shall not be shorter than 1/2 school term or longer than 1 full school term; (4) While on leave the employee shall not be allowed to engage in full-time gainful employment, except by written agreement with the leave-granting board. However, this provision shall not preclude the employee from receiving grants such as scholarships, gifts, fellowships, part-time employment, or other grants of aid as frequently provided by colleges, universities, governmental agencies, corporations, trusts or other individuals to students or other persons engaged in study or travel for purposes of professional improvement; (5) The professional employee shall agree in writing to return to service to the leave-granting board for a period of at least 1 full school year following the completion of the employee’s leave; (6) Request for sabbatical leave shall be presented in writing to said leave-granting board at a regular meeting of such board before April 1 for leave to begin at the opening of the next term, and before November 1 for leave to begin at the opening of the second semester of the term; (7) At the end of any such period of leave of absence the employee shall present evidence of that employee’s own professional improvement in such terms as shall have been agreed upon between said employee and said leave-granting board at the time when such leave was granted. Such evidence may consist of college transcripts, degrees earned or written reports by the recipient of the leave of absence; (8) Said leave-granting board shall accept the employee into full-time employment upon that employee’s return from leave and assign the employee to the position from which that employee left or to a similar position. In no case may assignment be made so as to invalidate the employee’s certification status or to bring about a demotion in position or salary; (9) For purposes of salary increments and pension eligibility and computation, a year of leave shall be considered a year of experience in covered employment under the provisions of local or state salary and pension programs, except that not more than 2 years of leave shall be applied toward salary increments and pension credits to any person. Failure of an employee to return to service of said leavegranting board shall be cause for forfeiture of salary increments and pension credits for the period of the leave. (10) School boards may set a limit on the number of employees who may be granted leave each year, provided that, in any district having fewer than 20 professional employees, 1 eligible applicant may be granted leave each year; (11) The leave-granting district shall provide to the employee granted leave, under paragraphs (1)-(10) of this section, compensation equal to 1/2 the salary to which the employee would have been entitled under full-time employment; provided, however, that in no case shall the compensation paid exceed $10,000 for a full school year leave or $5,000 for a 1/2 school year. The State shall continue to pay the state share of other employment costs as specified in § 6340 of Title 29 for the employee on sabbatical leave. (12) Sabbatical leave authorized under this section, at state expense, shall be limited to 1 full year leave or 2 half-year leaves per local school district during a fiscal year. Nothing in this section, however, shall prevent a school district from granting additional sabbatical leaves if the district pays the salary and other employment costs for the employee who is on leave. (14 Del. C. 1953, § 1325; 53 Del. Laws, c. 227; 54 Del. Laws, c. 262; 66 Del. Laws, c. 303, § 321; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 354, § 361.) § 1326. Salary schedule for substitute teachers. (a) Effective January 1, 2022, each substitute teacher shall be paid in accordance with the following classification schedule: Class A. — A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $124 per day. Class B. — A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $99 per day. Page 166 Title 14 - Education Class C. — A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $79 per day. Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs. (b) Effective January 1, 2023, each substitute teacher shall be paid in accordance with the following classification schedule: Class A. — A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $140 per day. Class B. — A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $112 per day Class C. — A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $89 per day. Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs. (c) Effective January 1, 2024, each substitute teacher shall be paid in accordance with the following classification schedule: Class A. — A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $158 per day. Class B. — A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $126 per day. Class C. — A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $100 per day. Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs. (d) Effective January 1, 2025, each substitute teacher shall be paid in accordance with the following classification schedule: Class A. — A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $179 per day Class B. — A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $143 per day. Class C. — A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $113 per day. Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs. (14 Del. C. 1953, § 1326; 56 Del. Laws, c. 418, § 2; 59 Del. Laws, c. 34; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 181, § 1; 62 Del. Laws, c. 277, § 11(f); 63 Del. Laws, c. 80, § 11(f); 64 Del. Laws, c. 220, § 6(b); 65 Del. Laws, c. 87, § 11(k)(7); 65 Del. Laws, c. 348, § 12(r)(12); 66 Del. Laws, c. 85, § 12(p)(14); 66 Del. Laws, c. 303, § 12(m)(12); 67 Del. Laws, c. 47, § 12(o)(12); 67 Del. Laws, c. 281, § 8(o)(7); 68 Del. Laws, c. 84, § 8(m)(6); 68 Del. Laws, c. 290, § 8(m)(7); 69 Del. Laws, c. 64, § 8(m)(7); 69 Del. Laws, c. 291, § 8(i)(10); 70 Del. Laws, c. 118, § 8(i)(7); 70 Del. Laws, c. 425, § 8(i)(7); 71 Del. Laws, c. 132, § 8(m)(7); 71 Del. Laws, c. 354, § 8(n)(7); 72 Del. Laws, c. 94, § 8(n)(8); 72 Del. Laws, c. 395, § 8(n)(7); 76 Del. Laws, c. 80, § 345; 77 Del. Laws, c. 84, § 406; 77 Del. Laws, c. 327, § 8(m); 78 Del. Laws, c. 290, § 29; 81 Del. Laws, c. 215, § 1; 82 Del. Laws, c. 64, § 367; 82 Del. Laws, c. 242, § 361; 83 Del. Laws, c. 270, § 11.) § 1327. Leave of absence for person in military service. (a) If a regularly appointed and employed principal, teacher or other employee of a school district is called to the service of or voluntarily enters the armed forces of the United States of America or the National Guard of this State when in continuous active service, the school board shall grant to such principal, teacher or other employee a leave of absence which shall cover the period of military service, not to exceed 3 years, or until the term of service to which he or she has been called is terminated, and upon the completion of the leave of absence Page 167 Title 14 - Education reinstate such principal, teacher or other employee in the position which he or she held at the time that the leave of absence was granted. The contract with such principal, teacher or other employee shall continue in force under the same conditions as if the principal, teacher or other employee had been in the continuous service of the board during the period of the leave of absence; provided, such regularly appointed and employed principal, teacher or other employee has received a certificate of satisfactory completion of military service. (b) Any principal, teacher or other school employee taking a leave of absence authorized by subsection (a) of this section who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty to augment active forces for any operational mission, shall continue to receive the principal’s, teacher’s or other school employee’s state compensation during the initial period of active duty prescribed by the military, to be reduced by any military compensation received. While on such leave of absence, for a period not to exceed 2 years, the employee and the employee’s dependents shall continue to receive benefits provided under any applicable group health insurance plan offered by the school district, provided that the employee continues to pay any employee-share premium for such plan. The Department of Human Resources shall develop any rules and regulations necessary to implement the provisions of this subsection. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to state compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later. (c) For the purpose of subsection (b) of this section state compensation shall be limited to the state share of the base salary as calculated from the appropriate salary schedule, administrative supplements and all other stipends. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation multiplied by the ratio of state compensation to total compensation. (d) The person who may be appointed to replace the principal, teacher or other employee shall be appointed only for the period covered by the leave of absence. (14 Del. C. 1953, § 1327; 56 Del. Laws, c. 292, § 18; 68 Del. Laws, c. 21, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 429, § 1; 74 Del. Laws, c. 190, § 1; 74 Del. Laws, c. 421, § 1; 75 Del. Laws, c. 88, § 20(2); 75 Del. Laws, c. 234, § 1; 81 Del. Laws, c. 66, § 9.) § 1328. Teachers of grades 1-12 inclusive entitled to duty-free period. In all reorganized school districts each teacher in grades 1-12, inclusive, shall have, during each school day, a duty-free period for at least 30 consecutive minutes but this section shall not bar the allowance of a longer or additional duty-free period each day. (14 Del. C. 1953, § 1328; 59 Del. Laws, c. 93, § 1.) § 1329. Employment contracts. (a) The Department of Education and the boards of education of the reorganized school districts may sign individual employment contracts involving state funds only with those professional employees whose base salary is that provided for in §§ 1305, 1310 and 1336 of this title. The salary amounts in the contracts so authorized shall be for 1 fiscal year, provided that contracts for administrative personnel covered in subsection (b) of this section shall not be so limited. (b) Nothing in this title shall be construed as prohibiting the board and any assistant principal, principal, supervisor, administrative assistant, director, assistant superintendent or superintendent from entering into an employment contract for a period of up to 5 years. (c) Salary amounts in individual contracts provided for in subsection (a) or (b) of this section shall not be contracted for, agreed upon or effective prior to enactment of the Budget Appropriation Bill. (14 Del. C. 1953, § 1329; 57 Del. Laws, c. 263, § 2; 58 Del. Laws, c. 346; 58 Del. Laws, c. 552; 64 Del. Laws, c. 20, §§ 1, 2; 71 Del. Laws, c. 180, § 79; 82 Del. Laws, c. 242, § 359.) § 1330. Work week for certain employees. The work week for the employees of the Department of Education shall be 371/2 hours per week. (14 Del. C. 1953, § 1330; 57 Del. Laws, c. 333, § 20; 71 Del. Laws, c. 180, § 80.) § 1331. Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind including the Delaware School for the Deaf; special staff. (a) In addition to staff otherwise authorized, the Delaware School for the Deaf may employ supportive staff as follows: (1) Specialist. — Resource teacher for a period of 10 months at the rate of 1 for each 60 children enrolled in the Delaware School for the Deaf; (2) Interpreter/tutors for a period of 10 months at the rate of 1 for each 4 pupils enrolled in the Delaware School for the Deaf and served in the regular education classroom. (3) Specialist. — Literacy (English and American Sign Language) for a period of 10 months at the rate of 1 for every 60 children enrolled in the Delaware School for the Deaf. (b) Interpreter/tutors are to be certified according to standards prescribed by the Department with the approval of the State Board of Education and paid according to the salary schedule contained in § 1305(a) of this title. Page 168 Title 14 - Education (c) In addition to subsection (a) of this section, the Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind may employ an early intervention teacher who will work with parents and families in New Castle, Kent and Sussex Counties. (1) The teacher shall be a certified teacher of the deaf/hard of hearing. (2) Provision for salary of the teacher and for expenses required for this job shall be made a part of the appropriation for the Delaware School for the Deaf. (d) In addition to staff otherwise authorized, the Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind may employ the following: (1) Director; (2) Statewide coordinator; (3) Dean of students (assistant principal rank); (4) One elementary school leader and one secondary school leader compensated at the assistant principal rank (in lieu of a principal allocated pursuant to § 1307(2) of this title); (5) Educational audiologist; (6) Speech therapist; (7) Residential advisors not to exceed 6; (8) Residential monitoring aides not to exceed 4. These shall be considered state unit positions and paid according to this title, with appropriate local supplement. (60 Del. Laws, c. 628, § 1; 61 Del. Laws, c. 407, § 3; 61 Del. Laws, c. 409, § 106; 61 Del. Laws, c. 513, § 1; 62 Del. Laws, c. 68, § 42(e); 62 Del. Laws, c. 277, § 11; 63 Del. Laws, c. 80, § 11(f); 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d) (xiii); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(14); 65 Del. Laws, c. 87, § 11(k)(8); 65 Del. Laws, c. 348, § 12(r) (13); 71 Del. Laws, c. 132, § 352; 71 Del. Laws, c. 180, § 81; 73 Del. Laws, c. 74, §§ 366-368; 74 Del. Laws, c. 307, § 332; 75 Del. Laws, c. 89, §§ 369, 370; 78 Del. Laws, c. 5, §§ 27-31; 78 Del. Laws, c. 262, § 1; 81 Del. Laws, c. 79, § 19.) § 1332. Statewide program for services for students with autism spectrum disorder (ASD). (a) The Department shall provide training and technical assistance across all public schools within this State on behalf of students with an educational classification of autism spectrum disorder (“ASD”). Educational programming provided under this chapter must have high-quality instruction based on research and evidence-based practice. (b) The Department, with the approval of the State Board of Education, shall designate a school district or other entity to administer the statewide program (“program”) for students with an educational classification of ASD. If no district or other entity is willing to administer the statewide program, the Department must act in that role. (c) The entity administering the program must employ a statewide director (“Director”) for a period of 12 months each year. The Director must be hired in consultation with the Peer Review Committee and have the following qualifications and expertise with ASD: (1) Doctorate degree in psychology, special education, applied behavior analysis, or other related field (master’s degree considered with extensive experience). (2) Minimum 10 years of experience working with individuals with ASD; at least 5 years in a supervisory role in an education setting, as well as experience in program evaluation. (3) Graduate-level training in evidence-based practices in curriculum, instruction, and behavioral support (ABA and other instructional strategies). (4) Experience planning or leading skill development, as well as implementation of evidence-based practices in educational settings for individuals with ASD. (5) Successful experience leading the development and implementation of a structured staff and parent professional development program (academic, behavioral, and social-emotional learning). (6) Knowledge and experience with implementation of evidence-based practice; at least 5 years of experience providing consultation to all school staff, and experience with program development in a school setting (public school preferred). The administering entity may include other desirable preferences as needed. (d) The Department shall pay the Director a salary in an amount for which the Director qualifies under § 1305(a), (b), and (d) of this title plus an amount for administrative responsibility determined in accordance with § 1321(c) of this title. The Director’s salary, including “years of experience,” shall be determined in accordance with rules and regulations adopted by the Department with the approval of the State Board of Education. (e) The program shall provide training and technical assistance for all public schools. The training and technical assistance under this subsection is a 3-year pilot program that ends on June 30, 2021, unless extended by an act of the General Assembly. (1) The program must provide training and technical assistance by doing all of the following: a. Identifying those practices specifically relevant to the education of students with an educational classification of ASD that are established as evidence-based through the best available outcome research or by expert consensus. Page 169 Title 14 - Education b. Promoting utilization of these practices by leading training and technical assistance activities specifically relevant to students with an educational classification of ASD, c. Assisting with implementation of all aspects of training and technical assistance in all public schools, for students from birth to age 21 with an educational classification of ASD. d. Supervising or managing contracts for training specialists employed under paragraph (e)(2) of this section. e. Consulting and working collaboratively with the Department on all aspects of education programs related to ASD. f. Serving as the primary liaison between the Department and other state agencies, committees, and programs on questions regarding programs for students with an educational classification of ASD. (2) The program must have training specialists as follows: a. At least 1 training specialist per 100 students with an educational classification of ASD. The total number of positions must be determined annually through the September 30 count of students with an educational classification of ASD. The program must be phased in with a minimum of 2 training specialists in Fiscal Year 2019, 2 training specialists added in Fiscal Year 2020, and additional training specialists added each fiscal year until the number of training specialists required under this paragraph (e)(2)a. is met or the pilot program ends under this subsection. b. “Training specialists” must include qualified speech-language pathologists, behavior analysts, and other personnel with expertise in evidence-based instruction for people with ASD, in classroom, community, and home-based consultation. c. Training specialists must serve eligible students within all public schools. d. A training specialist must have a master’s degree and 3 years of experience of demonstrated consultative experience with students with ASD. e. The duties of a training specialist include providing training and technical assistance for staff working with students with an educational classification of ASD, including classroom consultation; plan development and performance feedback; parent training; and providing training for regular education staff on ASD and evidence-based strategies for inclusion practices. (3) The program may, after approval by the Department, purchase specialized services instead of hiring staff to provide the education and training required under this section. a. The dollar value of each full-time equivalent, when purchasing services to be provided by an outside contractor, is the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months. b. The calculation of this funding is for the current school year. c. The State Board of Education may review any objection to the Department’s decision. (4) State appropriations must be phased in over several years, starting in Fiscal Year 2019 and in equal increments each subsequent fiscal year until fully funded or the pilot program ends under this subsection. (5) Additional funding may be provided through any of the following: a. Units and funds appropriated by the General Assembly. b. Units and funds allocated by the Department. c. Pass though funds and direct grants. d. Tuition funds from public school districts as established by the rules and regulations of the Department, according to Chapter 6 of this title. e. Fees for service for support where other funding is inadequate. f. Other funds as available, including funds in excess of standard match funding under this title. (f) The Department, with the approval of the State Board of Education, shall adopt such rules and regulations to establish and provide for the following committees: (1) Parent Advisory Committees (“PAC”). (2) Peer Review Committee (“PRC”) which, at the request of the Department, may also review educational procedures and programming for students with an educational classification of ASD and related disabilities. (3) Statewide Monitoring Review Board (“SMRB”), composed of no less than 7 members, including 2 nonvoting public representatives nominated annually by the PAC. A public representative may not have a child with an educational classification of ASD enrolled in a Delaware public school program. a. The SMRB shall review, at least annually, the education and provision of related services provided to students with an educational classification of ASD throughout all public schools to ensure the application of evidence-based practice and opportunities for meaningful and measurable progress and inclusion, as appropriate, are afforded to all such students. b. The SMRB shall make findings and recommendations based on its review to include data measuring these specific recommendations and suggestions for corrective action to ensure consistent quality and equity of services throughout this State. c. The SMRB shall submit its findings and recommendations, at least annually, to the Department and the Education Committees of the General Assembly. The SMRB’s report must be available on each school district or school website. Page 170 Title 14 - Education d. The SMRB shall resolve disputes within or between public schools and the Director. This paragraph (f)(3)d. does not diminish the procedural safeguards guaranteed to children with an educational classification of ASD, their parents or guardians, or public schools or agencies. e. If a public school is found to be out of compliance with the specific recommendations in this paragraph (f)(3), the Department and the Director must allow the public school the opportunity for technical assistance and progressive implementation of a corrective action plan for improvement agreed upon by the school and the Director. (63 Del. Laws, c. 177, § 3; 63 Del. Laws, c. 322, § 11(f), (g); 64 Del. Laws, c. 90, § 11(d)(xiv); 64 Del. Laws, c. 220, § 6(a); 64 Del. Laws, c. 334, § 11(j)(15); 64 Del. Laws, c. 381, § 3; 65 Del. Laws, c. 87, § 11(k)(9); 65 Del. Laws, c. 230, § 4; 65 Del. Laws, c. 348, § 12(r)(14); 66 Del. Laws, c. 85, § 12(p)(15); 66 Del. Laws, c. 303, § 12(m)(13); 66 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 82-85; 73 Del. Laws, c. 265, § 1; 78 Del. Laws, c. 5, §§ 32-36; 81 Del. Laws, c. 395, § 1; 82 Del. Laws, c. 85, § 40.) § 1333. Paid leave for birth of a child or adoption of a child. (a) Any full-time employee or employee who has been employed by a reorganized school district, charter school or vocational school district for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a child who is 6 years of age or younger. (b) The entitlement to leave under subsection (a) of this section shall expire at the end of the 12-month period beginning on the date of such birth or adoption. (c) Without regard to length of employment, a full-time or part-time employee of a reorganized school district, charter school, or vocational school district shall be entitled to use accumulated sick leave upon the birth of a child of the employee, or upon the adoption of a child who is 6 years of age or younger. (d) The rights and benefits described in this section shall run concurrently with any rights and benefits available under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. for the birth and adoption of a child and short-term disability benefit pursuant to § 5253 of Title 29 for the birth of a child. (e) No state agency, board, department, reorganized school district, charter school, vocational school district or other employing officer or agency of this State may alter or terminate the benefits of or terminate the employment of any full-time employee as a result of taking leave pursuant to this section. (72 Del. Laws, c. 174, § 1; 81 Del. Laws, c. 285, § 1.) § 1334. Annual work year. For any section in the Delaware Code that makes reference to the annual work year for teachers in terms of days, such reference can be converted to equivalent hours as follows: 188 Regular Days x 7.5 hours = 1,410.0 hours. (73 Del. Laws, c. 321, § 2.) § 1335. Hours per day and per year per salary schedule. The annual state salaries contained in this chapter are based upon the following: Schedule § 1305 § 1308 § 1311 § 1322(a) § 1324 § 1326 Hours Per Day 7.5 inclusive of 1/2 hour lunch 7.5 exclusive of 1/2 hour lunch 8.0 inclusive of 1/2 hour lunch 7.0 exclusive of 1/2 hour lunch 7.5 inclusive of 1/2 hour lunch 7.5 Days Per Year 188 261 261 185 185 Hours Per Year 1,410.0 1,957.5 2,088.0 1,295.0 1,387.5 Not Applicable Absent an existing collective bargaining agreement to the contrary, district employees who work less than the specified time shall have their annual salary adjusted accordingly. Upon ratification of a new or extension of an existing collective bargaining agreement, the local district shall establish hours and days worked that are consistent with those specified above. (73 Del. Laws, c. 321, § 3; 76 Del. Laws, c. 80, § 340.) § 1336. Salary schedule for Department of Education early childhood personnel resulting from early childhood governance reorganization [For application of this section, see 84 Del. Laws, c. 81, § 8(m)(6)]. (a) An early childhood employee of the Department of Education who works and is paid for 12 months per year shall be paid in accordance with the following schedule from the first day of the first full pay cycle of the fiscal year through the last day of the pay cycle that contains the last day of the fiscal year: Page 171 Title 14 - Education Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 Childcare Licensing Specialist 31,689 32,314 32,937 33,560 34,184 34,808 35,509 36,211 36,912 37,614 38,315 39,095 39,874 40,654 41,433 42,213 Childcare Licensing Supervisor 35,836 36,543 37,246 37,955 38,662 39,369 40,164 40,958 41,753 42,548 43,343 44,226 45,108 45,992 47,758 47,758 Administrator 38,129 38,881 39,633 40,386 41,138 41,890 42,737 43,584 44,429 45,276 46,122 47,063 48,003 48,944 50,825 50,825 (b) The Department of Education shall be authorized to revise the salary to be paid to any of its personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall establish rules and regulations for the assignment of early education personnel employed pursuant to § 1336 of this title who are not otherwise classified. (c) Any employee paid from this section shall receive as a salary the amount for which the employee qualifies under subsection (a) of this section, plus an annual amount for additional education that is clearly related to the individual’s responsibilities as defined by the Department of Education as follows: Certificate Bachelors Bachelor’s + 15 Bachelors +30 Master’s Master’s + 15 Master’s + 30 Master’s + 45 Doctorate Education Supplement $0 $1,520 $1,720 $1,920 $2,120 $2,320 $2,520 $2,720 (82 Del. Laws, c. 242, § 358; 82 Del. Laws, c. 243, § 28; 83 Del. Laws, c. 57, § 31; 83 Del. Laws, c. 325, § 8(m)(6)(viii); 83 Del. Laws, c. 339, § 28; 84 Del. Laws, c. 81, §§ 8(m)(6)(viii), 372.) § 1337. Public Education Compensation Committee. (a) The Public Education Compensation Committee (hereinafter “Committee”) is hereby convened to review Delaware’s educator compensation structure and its ability to compete with regional school districts, Delaware’s private business sector, and other governmental agencies, in recruiting and retaining qualified and diverse educators, and to develop recommendations to establish a new compensation structure for educators in Delaware, including the following: (1) Make recommendations that strengthen Delaware’s ability to compete with regional school districts in recruiting and retaining qualified and diverse educators. (2) Make recommendations for competitive base pay for educators at all steps in the compensation structure. (3) Make recommendations for achieving competitive career level earnings in fewer, more meaningful steps. (4) Specify how educators can achieve additional opportunities for career advancement, which must be based in part on years of experience but must otherwise be based on acquisition of relevant degrees, certifications, and competencies, the acceptance of leadership responsibilities, and must fairly compensate for additional professional responsibilities. (5) Make recommendations that include approaches to the acquisition of skills and knowledge that are timely, relevant, and affordable. Recommendations shall include access to additional compensation that may vary depending on the degree, certification, or competency achieved. The Committee must also consider how additional compensation under this section will be approved and administered. Page 172 Title 14 - Education (6) Provide recommendations on the creation of leadership roles through which educators will receive additional compensation for assuming leadership responsibilities. Recommendations should also allow school districts flexibility to determine the number and type of leadership roles. The Committee should consider positions that: a. Have meaningful adult leadership responsibilities in the areas of curriculum, casework, instruction, student support, family and community engagement, and professional development; b. Maintain a meaningful connection to student learning; and c. Are supported by classroom or office coverage during times when the educator is away from the classroom or students. Recommendations should include language indicating educators serving in leadership roles shall not be assigned additional responsibilities that are not substantially related to their leadership roles and classroom or professional obligations. (7) Make recommendations for a process that provides additional compensation for professional responsibilities that are not generally required in the classroom, including special education casework. The Committee shall discuss and make recommendations regarding the types of responsibilities that could qualify for additional compensation. The Committee must also consider how additional compensation under this section will be approved and administered. (8) Make recommendations regarding the applicability of the new system, which would apply to all educators as defined by § 1202 of this title or person paid under §§ 1305, 1306, 1307, 1310 and 1321 of this title. The Committee should provide a timeline and mechanism for transition and implementation. (9) Review and provide recommendations to increase base levels of pay for education support staff as defined by §§ 1308, 1311, 1322, and 1324 of this title that shall be competitive with other districts in the region. (10) Identify and consider adopting state pay scales for job categories where 1 does not exist, including bus drivers and information technology employees. (b) The Committee shall present its recommendations, including a fiscal note and implementing legislation, to the Governor no later than November 15, 2023, so that its recommendations may be considered for inclusion in the Governor’s recommended budget for fiscal year 2025 to be presented to the General Assembly in January 2024. (c) The Committee shall consist of the following members, or a designee selected by the member serving by virtue of position: (1) The Secretary of Education. (2) The Controller General. (3) The Director of the Office of Management and Budget. (4) The Executive Director of the Delaware State Education Association. (5) The Executive Director of the Delaware Association of School Administrators. (6) An educator appointed by the Senate President Pro Tempore. (7) Two school financial officers appointed by the Governor. (8) One school superintendent appointed by the Governor. (9) A charter school administrator appointed by the Speaker of the House. (10) A representative of the Office of the Governor. (11) The Chair of the House Education Committee. (12) The Chair of the Senate Education Committee. (13) One member of the House minority caucus appointed by the Speaker of the House of Representatives. (14) One member of the Senate minority caucus appointed by the President Pro Tempore of the Senate. (d) The Committee will elect a chair from amongst the membership. (e) The Committee shall seek input from others including educators, parents, school administrators, local school boards, and higher education representatives. The Committee shall hold public meetings in person or virtually to specifically gather input from educators. (f) The Department of Education shall provide staff assistance to the Committee and shall convene the first meeting no later than August 1, 2022. (83 Del. Laws, c. 336, § 1; 84 Del. Laws, c. 233, § 23.) Page 173 Title 14 - Education Part I Free Public Schools Chapter 14 Procedures for the Termination of Services of Professional Employees Subchapter I General Provisions § 1401. Definitions. As used in this chapter: (1) “Board” means a board of education of a reorganized school district. (2) “Teacher” means any certificated professional employee of a public school district. It shall not include a person employed as assistant principal, principal, supervisor, administrative assistant, director, assistant superintendent or superintendent; except that any such person who has completed 3 years of service in the State, 2 years of which shall have been in the employ of the same board, may at that person’s own option elect to be assigned as a teacher in the employ of said board. (14 Del. C. 1953, § 1401; 50 Del. Laws, c. 39, § 1; 56 Del. Laws, c. 64; 57 Del. Laws, c. 113; 57 Del. Laws, c. 263, § 1; 66 Del. Laws, c. 255, § 1; 70 Del. Laws, c. 186, § 1.) § 1402. Formal communications. All formal communications between the teacher and the terminating board provided for in this chapter shall be by certified mail, with a return receipt requested. (14 Del. C. 1953, § 1402; 50 Del. Laws, c. 39, § 1; 75 Del. Laws, c. 18, § 1.) § 1403. Application of chapter. (a) Except as set forth in subsection (b) of this section, the provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title, covering reasons for termination, notice of termination, hearings before a board and judicial review, shall apply to all teachers: (1) Who began teaching in a Delaware public school prior to the end of the 2009/2010 school year and have completed 3 years of service in the State, 2 years of which shall be in the employ of the terminating board; or (2) Who began teaching in a Delaware public school after the conclusion of the 2009/2010 school year and has completed at least 3 years of service in the State, at least 2 of which are in the employ of the terminating board, provided that said teacher has received at least 2 years of “Satisfactory” ratings in the “Student Improvement” component of the teacher appraisal process (established pursuant to § 1270 of this title) within a 3-year period. The 2 “Satisfactory” ratings need not be consecutive and the requirement for “Satisfactory” ratings need only be satisfied once in order for the provisions of §§ 1411 through 1414 of this title to apply. (3) Who began teaching in a Delaware public school after the conclusion of the 2020-2021 school year and have completed at least 3 years of service in the State, at least 2 of which are in the employ of the terminating board, provided that said teacher has received at least 2 years of “Satisfactory” summative ratings in the teacher appraisal process (established pursuant to § 1270 of this title) within a 3-year period. The 2 “Satisfactory” ratings need not be consecutive and the requirement for “Satisfactory” ratings need only be satisfied once in order for the provision of §§ 1411 through 1414 of this title to apply. (b) The provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title shall not apply to teachers employed temporarily to replace professional personnel on leave of absence or to teachers holding temporary certificates. (c) Time spent in military service shall not be counted as years of service for purposes of this chapter. (d) Notwithstanding the provisions of paragraph (a)(2) of this section, due to the COVID-19 pandemic, the provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title shall apply to teachers who began teaching in the 2017-2018 and 2018-2019 school years and have completed at least 3 years of service, at least 2 of which are in the employ of the terminating board. (14 Del. C. 1953, § 1403; 50 Del. Laws, c. 39, § 1; 55 Del. Laws, c. 80, §§ 1, 2; 57 Del. Laws, c. 529; 69 Del. Laws, c. 449, § 1; 77 Del. Laws, c. 459, §§ 1, 2; 83 Del. Laws, c. 282, § 2.) Subchapter II Termination of Services at the End of the School Year § 1410. Notice of intention to terminate services. (a) In the event that any board desires to dispense with the services of any teacher, such board shall give notice in writing to such teacher on or before May 15 of any year of its intention to terminate said teacher’s services at the end of such school year. For teachers identified pursuant to § 1403(a)(1), (a)(2), (a)(3) or (d) of this title, such written notice shall state the reasons for such intended termination Page 174 Title 14 - Education of services and shall be accompanied by a copy of this chapter; provided, however, that this requirement shall not apply to those teachers employed temporarily to replace professional personnel on leave of absence or those holding temporary certificates. (b) Teachers other than those identified pursuant to § 1403(a)(1), (a)(2), (a)(3) or (d) of this title may, within 7 days of receiving notice of intention to terminate services, request in writing, the reason or reasons for such notice. The board will provide such reason or reasons in writing and a copy of this chapter no later than 5 days after receipt of such a request, provided that the stated reason or reasons must have either been contained in the teacher’s performance appraisal, and the teacher was provided time to correct any deficiency through an individualized improvement plan or other documented materials properly placed in the teacher’s personnel file prior to said notice. In providing the reason or reasons, the board is not limited to the reasons set forth in § 1411 of this title. Within 7 days of receiving the reason or reasons for the notice of intention to terminate services, a teacher may request in writing a conference with the board’s superintendent for the purpose of discussing the reason or reasons and attempting to resolve any disputed matter. Within 10 days of receiving such a request for a conference, the superintendent shall personally provide the teacher a conference to review the matter. The conference with the superintendent is final and conclusive. The provisions of this subsection shall not apply to teachers employed temporarily to replace professional personnel on leave of absence or to teachers holding temporary certificates. (14 Del. C. 1953, § 1410; 50 Del. Laws, c. 39, § 1; 58 Del. Laws, c. 270; 69 Del. Laws, c. 449, §§ 2, 4; 77 Del. Laws, c. 459, §§ 2-5; 83 Del. Laws, c. 282, § 3.) § 1411. Reasons for termination. Termination at the end of the school year shall be for 1 or more of the following reasons: Immorality, misconduct in office, incompetency, disloyalty, neglect of duty, wilful and persistent insubordination, a reduction in the number of teachers required as a result of decreased enrollment or a decrease in education services. The board shall have power to suspend any teacher pending a hearing if the situation warrants such action. (14 Del. C. 1953, § 1411; 50 Del. Laws, c. 39, § 1.) § 1412. Notice of termination. In the event that a teacher fails to request a hearing, as herein provided, the aforesaid notice of intent to terminate services shall be construed as a notice of termination. (14 Del. C. 1953, § 1412; 50 Del. Laws, c. 39, § 1.) § 1413. Hearing by terminating board. (a) In the event that a teacher so notified shall within 10 days after the receipt of written notice of intention to terminate services request in writing an opportunity to be heard by the terminating board, the board shall set a time for such hearing to be held within 21 days after the date of receipt of said written request, and the board shall give the teacher at least 15 days’ notice in writing of the time and place of such hearing. The hearing shall be conducted by a majority of the members of the board and shall be confined to the aforementioned written reasons as stated in the board’s written notice of the board’s intention to terminate the teacher’s services. The conduct of such hearings and such rules of procedure as may be found necessary shall be left entirely to the discretion of the board provided that: (1) The teacher shall have the option to indicate whether or not that teacher wishes the hearing to be public, by so stating in that teacher’s own written request for a hearing; otherwise the hearing shall be private; (2) The teacher may be represented by counsel; (3) The teacher and the board may subpoena witnesses. Subpoenas shall be issued by the secretary of the board upon written request, and such subpoenas shall be directed to the sheriff of the county where the witness resides or is employed within the State, and, upon service of such subpoena, the witness shall be compelled to appear subject to the same penalties for failure to appear that govern subpoena proceedings before the Superior Court of the State; (4) The teacher and the board and counsel for each may cross-examine witnesses; (5) Testimony before the board shall be under oath; (6) The testimony to be heard shall be confined to the reasons stated in the written notice of intent to terminate service. Any evidence shall be admissible during the hearing which is adjudged by the board to be pertinent to the reasons contained in the written notice which the teacher received and which stated the reasons for dismissal; (7) A stenographic record of the hearing shall be taken and prepared by a qualified court stenographer and paid for by the board, and shall be supplied to the teacher and the board within 10 days following the conclusion of the hearing; (8) The decision of the board shall be submitted in writing to the teacher within 15 days following the conclusion of the hearing; (9) If the decision is in favor of the teacher, the teacher shall be fully reinstated and shall receive all salary lost as a result of that teacher’s temporary dismissal or suspension. (b) Any provision of this chapter to the contrary notwithstanding, the board may designate a hearing officer to conduct the hearing prescribed by subsection (a) of this section under rules and regulations promulgated by the board. The hearing officer shall submit a report with a recommendation to the board, within 5 days of the conclusion of the hearing, which shall become part of the record. A majority Page 175 Title 14 - Education of the board shall convene to review the records of the proceedings and, within 15 days of the hearing before the hearing officer, shall submit to the employee its decision in writing. (14 Del. C. 1953, § 1413; 50 Del. Laws, c. 39, § 1; 64 Del. Laws, c. 250, § 1; 70 Del. Laws, c. 186, § 1.) § 1414. Judicial review. A decision of the board shall be final and conclusive unless, within 10 days after a copy thereof has been received by the teacher, the teacher appeals to the Superior Court for the county in which the teacher was employed. In case of every such appeal, the cause shall be determined by the Court from the record which shall include a certified copy of the evidence, findings and the decision of the board, without the aid of a jury. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the Rules of the Superior Court. The Court shall decide all relevant questions of law and all other matters involved, and shall sustain any board action, findings and conclusions supported by substantial evidence. The Court may reverse, affirm or modify the decision of the board or remand the cause to the board for a rehearing. In case any cause shall be remanded to the board for a rehearing, the procedure and the rights of all parties to such cause shall be the same as in the case of the original hearing before the board. If the decision is in favor of the teacher, the teacher shall be fully reinstated and shall receive all salary lost as a result of that teacher’s temporary dismissal or suspension. (14 Del. C. 1953, § 1414; 50 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1.) Subchapter III Termination of Services During the School Year § 1420. Reasons for termination; rights of teacher. Termination of any teacher’s services during the school year shall be for 1 or more of the following reasons: Immorality, misconduct in office, incompetency, disloyalty, neglect of duty or wilful and persistent insubordination. Such teacher shall be given the same opportunity to be heard and right of appeal as provided in §§ 1412, 1413 and 1414 of this title, and the board shall give notice in writing to such teacher of its intention to terminate the services of such teacher at least 30 days prior to the effective date of termination. Such written notice shall state the reasons for such termination of services. The board shall have the power to suspend any teacher pending a hearing if the situation warrants such action. (14 Del. C. 1953, § 1420; 50 Del. Laws, c. 39, § 1.) Page 176 Title 14 - Education Part I Free Public Schools Chapter 15 Fiscal Provisions § 1501. Support of free public schools. The free public schools of the State shall be maintained and supported by such moneys as shall be appropriated from time to time by the General Assembly, local school tax revenues generated and payments received in accordance with this title, payments received in accordance with Chapters 4, 5 and 6 of this title, and appropriated and nonappropriated special funds otherwise authorized or legally acquired. Funds appropriated or otherwise allocated to the Department of Education on behalf of the public schools of this State shall be administered by the Department in accordance with this title or other applicable state or federal laws and regulations. (32 Del. Laws, c. 160, § 58; 35 Del. Laws, c. 158, § 1; 36 Del. Laws, c. 207, § 1; Code 1935, § 2704; 14 Del. C. 1953, § 1501; 56 Del. Laws, c. 299; 57 Del. Laws, c. 113; 71 Del. Laws, c. 180, § 86.) § 1502. Disbursements. Such appropriations as are made by the General Assembly for the free public schools, and such money as is received from the federal government for school purposes under any law shall be paid by the State Treasurer in accordance with the items of the official state school budget and with the appropriations of the General Assembly therefor, as required by the Department of Education; but such payments shall be made only upon orders of the said Department of Education, signed by its Secretary or the Secretary’s designee. For all competitive grants to public school districts and public charter schools administered by the Department of Education, the Department shall publish on its website for a period of 12 months from the award notice the threshold eligibility requirements, the criteria for evaluation of applications, the names of successful applicants, the applications of successful applicants, and the amount awarded to each successful applicant. (Code 1915, § 2311; 32 Del. Laws, c. 160, § 63; Code 1935, § 2707; 14 Del. C. 1953, § 1504; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 87, 89A; 79 Del. Laws, c. 131, § 1; 81 Del. Laws, c. 280, § 364.) § 1503. Limitation on terms of contracts. No contract for public school purposes that is predicated on the availability of state funds shall be made to extend beyond the fiscal year covered by the current appropriation of the General Assembly in effect at the time of the making of such contract, unless all of the funds required to satisfy the obligation are available for encumbrance, or a cancellation provision should funds not be subsequently appropriated is included in the original contract. This provision does not apply to contracts involving the expenditure of moneys raised by bond issues or advance purchase orders for instructional materials duly authorized by the Secretary of Finance. (32 Del. Laws, c. 160, § 64; 32 Del. Laws, c. 180, § 1; Code 1935, § 2708; 14 Del. C. 1953, § 1505; 71 Del. Laws, c. 180, §§ 87A, 89A.) § 1504. Audit. (a) The Auditor of Accounts shall each year as soon as possible after July 1 audit the business and financial transactions, records, and accounts of the Department of Education, the State Board of Education, the Delaware Center for Education Technology, the Delaware Advisory Council for Career and Vocational Education, the boards of education of the school districts, and, if required by § 513(d) of this title, the charter schools created under Chapter 5 of this title. (b) The Auditor of Accounts shall publish the results of such audit and shall also mention the name of any person who has made within the last year a gift to said funds, with the amount or value thereof. (c) In order to ensure that authorized position complements are not exceeded, the Auditor of Accounts is directed to incorporate an examination of the number of authorized positions versus the number of actual positions a district has employed as part of the regular, annual audit review for all public school district audits that commence on or after July 1, 1991. This position audit function shall include, in addition to formula salary positions, an examination of positions and associated “option units” authorized by the Secretary of Education under any appropriation. (d) Any discrepancy found by the Auditor of Accounts which has resulted in a local school district expending more general funds than it was entitled to during the fiscal year being audited shall be promptly reported to the Director of the Office of Management and Budget, the Controller General and the Secretary of Education. Upon review and determination as to the status of the questioned expenditure, the Director of the Office of Management and Budget, Controller General and the local school district Board of Education shall develop and certify a written repayment plan. (e) The local school district may choose to make the required General Fund reimbursement from its local current operating expense account or by agreeing not to utilize a current year General Fund appropriation for which it is otherwise eligible based on unit entitlements. Reimbursements required by this section shall be transacted during the fiscal year in which the over-expenditure is discovered unless the Director of the Office of Management and Budget and the Controller General agree that the timing of the discovery or the potential impact on the affected district is such that satisfying the obligation in part or in its entirety should be deferred until the next ensuing fiscal year. Page 177 Title 14 - Education (f) In order to assist the Auditor of Accounts in the performance of this function local school districts are instructed to maintain records and make them available in a format that will facilitate this review. (Code 1915, c. 71; 32 Del. Laws, c. 160, § 49; Code 1935, § 2710; 14 Del. C. 1953, § 1506; 57 Del. Laws, c. 113; 68 Del. Laws, c. 84, § 195; 71 Del. Laws, c. 180, §§ 88, 88A-88C, 89A; 75 Del. Laws, c. 88, § 21(7); 80 Del. Laws, c. 397, § 1.) § 1505. Unauthorized expenditures. The Auditor of Accounts may withhold approval of any voucher or bill or order for money of a school district whenever such district shall have failed to comply with this title in the expenditure of its moneys, until such district shall make good such failure. (32 Del. Laws, c. 160, § 5; 33 Del. Laws, c. 167, § 1; Code 1935, § 2711; 14 Del. C. 1953, § 1507; 57 Del. Laws, c. 113; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 89A.) § 1506. Limitation on use of tax revenues. No tax revenues of the State, or of any political subdivision thereof, or of any school district, shall be used for the free public education of pupils living in the State on real property exempt from taxes levied on real property. The limitations of this section shall not apply to pupils living on real property owned by the State or any of its political subdivisions, or by the federal government where such real property is used for nonmilitary housing, or where such real estate is exempt from such taxes on account of the use of such property for charitable, educational or religious purposes. (14 Del. C. 1953, § 1508; 51 Del. Laws, c. 183; 71 Del. Laws, c. 180, § 89A.) § 1507. School district financial position reports. (a) Beginning with the fiscal year ending June 30, 1997, all public school districts, including vocational-technical school districts, both sometimes referred to herein as “district,” are required to submit to the Secretary of Education, 3 financial position reports, 1 on or before February 1, 1 on or before May 1 and 1 on or before August 31 of each year. The format of the reports shall be as prescribed by the Secretary consistent with the provisions of this section, and also shall establish that the school district has sufficient year-end carryover balances, including any nonstate funded share, to fund at least 1 month of local payroll for the next ensuing fiscal year. The financial position report due by February 1 shall project a school district’s current fiscal year ending balance in its local current expense revenue accounts after taking into consideration all remaining local operating obligations that can be reasonably estimated. To the extent that a district has General Fund balances in their Division III Equalization Accounts, Division II—All Other Costs and Energy Accounts, or in an approved cash option account, such balances may be identified as offsets to any local obligation. If the financial position report shows a deficit occurring prior to the close of the current fiscal year, the district shall indicate what steps it will take to assure that its obligations are satisfied in the current fiscal year. If the financial position report shows a current expense deficit for the current fiscal year, or a surplus that is less than the amount required to satisfy 1 month’s full local payroll and other operating obligations for the ensuing fiscal year, the district shall also indicate what steps it plans to take in the ensuing fiscal year to assure that its future yearend balance will be sufficient to cover at least this amount. The financial position report due by May 1 shall project a school district’s current fiscal year ending balance in its local current expense revenue accounts after taking into consideration all remaining local operating obligations that can be reasonably estimated. To the extent that a district has General Fund balances in their Division III Equalization Accounts, Division II—All Other Costs and Energy Accounts, or in an approved cash option account, such balances may be identified as offsets to any local obligation. If the financial position report shows a deficit occurring prior to the close of the current fiscal year, the district shall indicate what steps it will take to assure that its obligations are satisfied in the current fiscal year. If the financial position report shows a current expense deficit for the current fiscal year, or a surplus that is less than the amount required to satisfy 1 month’s full local payroll and other operating obligations for the ensuing fiscal year, the district shall also indicate what steps it plans to take in the ensuing fiscal year to assure that its future year-end balance will be sufficient to cover at least this amount. The financial position report due on or before August 31 of the ensuing fiscal year shall be focused exclusively on local district payroll obligations through and including the October 15 payroll cycle. This report shall compare the district’s year-end current expense balances from the previous fiscal year, and its preliminary Division III Equalization appropriation for the current year (which amount shall be based on 75% of the Division III amount earned in the previous fiscal year), with the district’s projected local salary obligations through October 15. To the extent that this report shows a deficit, the district shall report what steps it will take to meet its payroll obligations through October 15. If the August 31 report projects an October 15 surplus that is less than the amount required to cover 1 month’s full local payroll cycle, the district shall also indicate what steps it plans to take to attempt to assure that such a minimum balance will be in place in the subsequent fiscal year. Whenever the August 31 report shows that a district will be unable to meet all or some of its payroll obligations through October 15, the district may meet those obligations by requesting from the Secretary of Education with the approval of the Secretary of Finance and the Director of the Office of Management and Budget an advance of state funds in an amount sufficient to cover the district’s payroll obligations through October 15. Upon such request and approval, the Secretary of Finance shall cause to have the requested funds advanced to the district, and the district shall reimburse the State for those funds no later than November 15 of the same year. In addition, the district shall pay an amount to the State for interest defined as the average rate of return on state investments during the period of the loan. Page 178 Title 14 - Education The financial position report shall have been reviewed and approved by the school board of each reorganized school district and be made a part of the public record of that school district. An electronic copy of each report shall be submitted to the Department of Education by the dates specified above. The Department of Education shall provide copies of the submitted reports to the Director of the Office of Management and Budget and the Controller General within 5 working days of all submissions. (b) Notwithstanding any provision in this Code to the contrary, a minimum of 25% of all projected state funding to any school district, including a vocational-technical school district shall be withheld until the submission of the financial position report required to be filed on or before August 31 pursuant to the provisions of subsection (a) of this section, and the acceptance thereof as satisfactory in the sole discretion of the Secretary of Education, and the certification of the school district’s unit count in accordance with this Code and any rule or regulation promulgated in accordance therewith. (c) If a school district materially alters its financial position after providing any report required by this section, the school district shall provide financial impact statements to the Department of Education, the Office of Management and Budget and the Office of the Controller General, specifying the nature of such change and its impact upon its previously filed financial position report. (d) Any school district that fails to comply with this section or any provision herein shall be subject to review, including all of its books and financial records, by the Department of Education, the Office of Management and Budget and the Office of the Controller General in order to determine whether the school district is financially stable. (68 Del. Laws, c. 84, § 190; 68 Del. Laws, c. 290, § 228; 69 Del. Laws, c. 39, § 1; 69 Del. Laws, c. 291, § 293; 70 Del. Laws, c. 329, § 1; 71 Del. Laws, c. 180, §§ 89, 89A; 71 Del. Laws, c. 194, § 1; 73 Del. Laws, c. 312, § 276; 75 Del. Laws, c. 88, § 21(7); 75 Del. Laws, c. 439, § 7; 76 Del. Laws, c. 280, § 422; 80 Del. Laws, c. 298, § 361; 81 Del. Laws, c. 280, § 363.) § 1507A. Christina School District financial position reports. Repealed by 75 Del. Laws, c. 439, § 8, effective Aug. 17, 2006. § 1508. Citizen oversight of district finances. The Department of Education shall promulgate regulations by November 1, 2009, establishing procedures for appointment of citizen budget oversight committees for each of the public school districts and charter schools. These committees shall have full access either electronically or in hard-copy format to all financial documents and financial information in the possession of the school districts they are assigned to oversee, with redactions permitted only to protect confidential personal information regarding students or employees. Oversight committees shall have representation from parents, educators, and taxpayers residing in each of the public school districts, provided that in the case of charter schools membership on oversight committees shall consist of parents of students enrolled in the charter school, educators at the charter school, and representatives of the Delaware Department of Education. Where possible, oversight committees shall contain at least 2 members with formal educational or vocational backgrounds amenable to oversight of school district financial statements. The Department of Education shall provide training to committee members. The Department shall also promulgate regulations by November 1, 2009, dictating uniformity and transparency in the financial recording and bookkeeping practices of the school districts and charter schools. (77 Del. Laws, c. 197, § 1.) § 1509. Transparency of district finances. Each district and charter school shall post on its web site by September 1, 2009, and every 3 months thereafter a check register indicating the recipient of each check issued by the school district or charter school, the amount of the check, and identifying information regarding the check sufficient to permit members of the public to seek additional information regarding the payment in question. The only information excepted from inclusion in this database shall be records that would not constitute public records under § 10002 of Title 29, and records for which the disclosure would violate any federal or state law. (77 Del. Laws, c. 197, § 1; 78 Del. Laws, c. 382, § 1.) § 1510. Department oversight of district spending [Repealed]. (77 Del. Laws, c. 197, § 1; repealed by 82 Del. Laws, c. 242, § 356, effective July 1, 2020.) § 1511. School funding transparency. (a) By December 2018, the Department of Education will create a standardized statewide approach to collecting and reporting schoollevel per-pupil expenditures that all districts and charter schools must follow. At a minimum, the standardized statewide approach must do all of the following: (1) Comply with Every Student Succeeds Act (ESSA) [P.L. 114-95] requirements by reporting federal funding separate from state and local funding. (2) Create business rules that will identify which district and charter expenses are to be included and excluded in the per-pupil calculation. a. At a minimum, expense categories required under ESSA should be included such as administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities. Page 179 Title 14 - Education b. At a minimum, expense categories that do not link directly to the day-to-day schooling of pre-K through twelfth-grade students should be excluded. Excluded expense categories include adult education, capital expenditures, community services, fees for student services, debt service, and rent. c. Salary costs reported under this section must include benefits and other employment costs. (3) Define the method of determining student enrollment counts used in the per-pupil calculation. (4) Require that districts and charter schools report 100% of included district and charter expenses, as defined in paragraph (a)(2) of this section, in the following 2 school-level categories: a. Category 1: Expenditures on resources actually tracked to the school. b. Category 2: Each school’s share of central office expenditures (expenditures shared across multiple schools). Each district and charter school must also report the grand total of Categories 1 and 2. (5) Give clear guidance to districts and charter schools about how to assign district and charter expenses into Categories 1 and 2 for reporting purposes. The guidance must do at least all of the following: a. Require that at least the expense categories required under ESSA are commonly defined across the State in how they get assigned to Category 1 or 2. b. Require that districts and charter schools report whether they have assigned any expense categories that they have discretion over into Category 1 or 2. c. Require that all expenditures for personnel who work in schools at least 80% of the time are reported in Category 1 using actual, not average, salary costs. d. Require that central office expenditures be either divided across all schools according to student enrollment or be divided by time spent in each school. e. Require that charter schools without central offices report 100% of included district and charter expenses, as defined in paragraph (a)(2) of this section, in Category 1, since all expenditures are made at the school site, so that reporting is comparable across districts and charter schools. f. Require that any expense categories and amounts excluded from the calculation, as defined in paragraph (a)(2) of this section, are still reported. g. Require that districts and charter schools commonly report the averages of teacher and paraprofessional salaries at the schoollevel. h. 1. Require that districts and charter schools report expenditures with codes that identify each expenditure with the type of expenditure, such as personnel, materials and supplies, or contract services. 2. The codes under paragraph (a)(5)h.1. of this section must be developed as part of the process under subsection (c) of this section, with an intent to provide public transparency regarding how schools spend money. (b) Annually, beginning with school year 2018-2019 data reported no later than December 2019, the Department of Education will publicly report school-level per-pupil expenditures, as defined in subsection (a) of this section, as follows: (1) The annual data must be publicly reported in at least the following formats: a. Online individual school report cards. b. Downloadable statewide data files or interactive, user-friendly online statewide data tools that allow the user to draw comparisons between schools. (2) At a minimum, the following information must be included with school-level per pupil expenditures: a. The school level (elementary, middle or high school). b. The grade levels served and student enrollment of each school. c. The statewide school-level per-pupil expenditure averages, using the grand total of Categories 1 and 2 as defined in paragraph (a)(4) of this section. d. The districtwide school-level per-pupil expenditure average, using districtwide averages for Category 1 spending as defined in paragraph (a)(4) of this section. e. School-level student demographics including rates of English learners, students living in poverty, and special education students by need category. f. School-level student outcomes, including proficiency in state assessments and graduation rates. g. Average teacher salary at the school-level. h. Average paraprofessional salary at the school-level. (3) The following information may be included with school-level per-pupil expenditures: a. The district and statewide averages of student demographics, as defined in paragraph (b)(2)e. of this section. b. The district and statewide averages of student outcomes, as defined in paragraph (b)(2)f. of this section. Page 180 Title 14 - Education c. The district and statewide averages of teacher salaries and paraprofessional salaries, as defined in paragraphs (b)(2)g. and h. of this section. d. Names of special programs in the school that drive resource allocation, such as districtwide special education programs. (4) Individual school report cards must be posted on state, district, and charter websites. (c) The Department of Education must include public community involvement in developing the standardized statewide approach as follows: (1) Hold at least 3 public meetings to review and receive input on the standardized statewide approach before finalizing the approach for district and charter school use. (2) Hold at least 3 public meetings to review and receive input on the templates for publically reporting data. (3) Include representatives of at least the following constituencies: a. District leaders. b. Business managers. c. Charter leaders. d. Local school board members. e. Business community. f. Parents. g. Advocates with specific knowledge of low-income students, special education, or of English learners. h. Educators and the Delaware State Education Association. i. Governor’s Advisory Council for Exceptional Citizens. (4) Report twice to the Chairs of the House and Senate Education Committees on how the requirements of subsection (c) of this section were met and how feedback was incorporated by the end of December 2018 and again before the release of the 2018-2019 data that will be reported no later than December 2019. (d) Each year, after new school-level per-pupil expenditure data is released to the public, the Department of Education must offer at least 1 training session with the objective to increase understanding and use of the data in order to make data-driven decisions for students. The training, which is optional, must be offered to at least each of the following groups: (1) Each of the local school boards and citizen’s budget oversight committees. (2) School and central office leaders from districts and charters. (3) The general public and parents, which must be held at a time and place accessible to working parents and with translation services available. (e) The Department of Education shall oversee the statewide collection of school-level financial data. To this end, when processing financial and personnel transactions in the statewide systems of record, local school districts and charter schools shall use a standard set of codes as established by the Department of Education. (81 Del. Laws, c. 388, § 1; 82 Del. Laws, c. 242, § 335.) Page 181 Title 14 - Education Part I Free Public Schools Chapter 16 Comprehensive School Discipline Improvement Program § 1601. Purpose. It is the purpose of this chapter to provide for the establishment of a statewide comprehensive program to improve student discipline in the public elementary and secondary schools of the State. The program shall provide for the treatment of pupils who are exhibiting discipline problems and for the establishment of services to school pupils which will reduce the rate and severity of discipline problems in the future. The program shall operate under the supervision and direction of the Department of Education. (69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 90.) § 1602. Appropriation. The General Assembly shall annually provide an appropriation for the operation of the Comprehensive School Discipline Improvement Program in the budget appropriation bill. From the funds appropriated, the Department may allocate funds to the public school districts for the financial support of various components of the program. (69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 90.) § 1603. Rules and regulations. The Department of Education shall, from time to time, adopt and promulgate such rules and regulations as will be necessary for the implementation of the program authorized by this chapter. (69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 90.) § 1604. Treatment of severe discipline problems component. The Department of Education shall establish a program component which will provide alternative educational and related services for the more severe discipline problems in the public schools. This component will serve primarily secondary school students, including but not limited to: youngsters who have been expelled from regular schools, students who may be subject to expulsion, and others who have serious violations of the local school district discipline code. The Department of Education shall provide rules and regulations for the conduct of programs authorized under this section subject to the following limitations: (1) School districts shall make application to the Department of Education for funding to implement programs authorized under this section. Preference shall be given to applications from consortia of school districts. To the extent feasible, programs offered under this component should serve eligible pupils within a county, however, multiple sites may be operated by a single consortia of school districts within a county. (2) Any application submitted under this section shall specify the types and level of services to be provided and an estimate of the number of youngsters to be served. The application shall also include a budget of proposed expenditures during a fiscal year. That budget shall indicate, at a minimum, the funds being requested from appropriations authorized under this section and funds to be obtained from all other sources. (3) All applications submitted to the Department of Education under this section shall indicate an agreement to fund at least 30 percent of the total cost of services provided from sources of funding other than those authorized under this section. (4) All projects funded under this section shall submit an annual evaluation report on the effectiveness of the program to the Department of Education. Such report shall incorporate the data and information specified by the Department. (5) School districts shall be permitted to use funds collected in accordance with the provisions of Chapter 6 of this title to make tuition payments for youngsters assigned to programs authorized under this section. (6) Nothing in this section shall prohibit a consortia of school districts from contracting for educational or related services with public or private agencies when operating programs authorized under this section. (7) The provisions of § 4130 of this title shall not apply to youngsters enrolled in programs authorized under this section. (8) A student 16 years of age or less who is expelled or suspended pending expulsion by a local school district or charter school shall be presumed appropriate for placement in a Consortium Discipline Alternative Program site, provided the student is not otherwise ineligible by statute or regulation for placement in such a program. The burden of establishing that a student is not appropriate for placement in a Consortium Discipline Alternative Program shall be on the local school district or charter school. Any student not shown by preponderance of evidence to be inappropriate for placement in a Consortium Discipline Alternative Program shall be placed in such a program. (69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 91; 76 Del. Laws, c. 407, § 1.) § 1604A. Site selection for alternative educational facilities. (a) New alternative school programs funded on or after July 1, 2002, or alternative school programs except for those located on school property currently funded pursuant to § 1604 of this title that change locations on or after July 1, 2002, shall be subject to the following process: Page 182 Title 14 - Education (1) The school district or consortium of school districts shall notify by mail the Secretary of Education and every property owner located within 200 feet of the site’s boundary lines that there is a plan to establish an alternative educational facility for children exhibiting discipline problems on the site. The notice must include the date, time and location of an informational meeting that will explain the details of the site, facility and program plans. (2) The school district or consortium of school districts shall notify city council members and state legislators who represent residents of the school district in which the proposed site is located and the chief elected official of the county and town or city in which the proposed site is located of the time, date and location of the informational meeting. Further, the school district or consortium of school districts shall publish public notice of the time, date and location of the informational meeting once a week for 2 weeks in a newspaper in general circulation in the school district of the proposed site selection. (3) Written comments shall be directed to the superintendent of the district in which the facility is to be located within 10 business days of the informational meeting. a. If there are objections to the proposed site by at least 5 citizens who reside within 200 feet of the site or by at least 25 citizens who reside within the school district in which the site is located, the local school board shall hold a special public meeting to consider the concerns of the community and the responses of the school district or consortium of school districts proposing the facility site. b. The local school board shall take action on the proposed site at its next regularly scheduled meeting after the informational meeting or special public meeting, whichever occurs last. The decision by the local school board is final and not subject to appeal. (b) This section does not apply to a facility site that is located in a public school building or on the grounds of a public school building or on land owned by a reorganized school district, vocational-technical school district or charter school. (73 Del. Laws, c. 340, § 1.) § 1605. School and district level component. The Department of Education shall be authorized to approve and provide financial support for programs to provide alternative educational and related services to disruptive students in the public schools. This component will serve students, in schools enrolling pupils in grades K through 12, who are causing repeated disruptions in the regular classes to which they are assigned. Services may be delivered in a variety of modes with students assigned to the specific programs for short- or long-term assistance. Programs authorized under this section could also serve as a transition for youngsters returning from programs operated under the provisions of § 1604 of this title. The Department of Education shall provide rules and regulations for the conduct of programs authorized under this section subject to the following limitations: (1) School districts shall be permitted to use personnel authorized by any of the provisions of this title to establish alternative educational and related service programs for disruptive students. Such personnel shall continue to be paid in accordance with salary schedules specified in Chapter 13 of this title. (2) In the event that a school district uses personnel authorized under various sections of this title to establish and operate a program for disruptive students, the district may elect to employ 2 service paraprofessionals or 2 instructional paraprofessionals, paid in accordance with § 1324 of this title, in lieu of 1 staff member paid in accordance with § 1305 of this title. (3) Any school which either enrolls pupils in at least 2 of the grades 3 through 12 or enrolls pupils solely in 1 or more of grades K through 3, and which establishes a program for disruptive students in accordance with the provisions of this section and the rules and regulations of the Department of Education may make application to the Department for an incentive grant to help defray the cost of operating such program. No school may qualify for more than 1 incentive grant per fiscal year, and all applications for such grants must have the prior approval of the board of education of the school district in which the applicant school is located. The maximum dollar value of an incentive grant shall be specified in the annual budget appropriation bill. Funds available to the Department of Education shall be allocated on a competitive basis if in any fiscal year more schools are eligible for funding than there are funds appropriated for the incentive grants. (4) Funds provided to a school under an incentive grant provided under paragraph (3) of this section may be used for any purpose that Division I or II funds may be used, provided, however, that such funds shall not be used to pay salaries to employees beyond the state-supported salaries specified in Chapter 13 of this title. (5) To achieve the most cost-effective impact from the incentive funds authorized by this section and to increase the coordination of services by schools and other governmental and nongovernmental social service agencies consistent with § 1607 of this title, schools and school districts shall consider contracting for educational or related goods and services with the State Departments of Services for Children, Youth and Their Families and Health and Social Services, and other governmental and nongovernmental social service agencies using funds authorized by this section. Each school filing a report pursuant to paragraph (6) of this section shall include information regarding the provisions of this paragraph (5). (6) All schools receiving an incentive grant pursuant to paragraph (3) of this section shall submit an annual evaluation report on the effectiveness of the program to the Department of Education. The report shall be in a format and shall include the data and information specified by the Department. (7) To receive a supplemental grant greater than the dollar amount for base grants funded in support of programs defined in this section by the annual budget act, schools shall establish a site-based committee in the school to govern discipline matters and shall Page 183 Title 14 - Education meet the criteria set forth in this subdivision. Supplemental grants shall be available for grades 7, 8, 9 and 10 only. The annual budget act shall establish the dollar amount of such supplemental grants. Before issuing funding pursuant to this paragraph, the Department shall determine that the school’s application meets the following criteria: a. The grant application must certify that the majority of the members of the school level committee are members of the school professional staff, of which a majority shall be instructional staff; that the committee contains representatives of the support staff, student body (for schools enrolling students, grades 7 through 12), parents and the community; that representatives of the employee groups are chosen by members of each respective group and representatives of the nonemployee groups are appointed by the local board of education; and that the committee operates on the 1-person, 1-vote principle for reaching all decisions. b. The grant application must certify that the committee has the authority, within established local district budgetary guidelines and at its sole discretion, to: 1. Establish a school code of conduct which defines the roles and responsibilities of all members of the school community (administrators, teachers, support staff, contracted service personnel, students, families and child/family advocates) and which is consistent with the established state and federal laws, state and federal regulations, local board policies, local district codes of conduct and local district budgetary guidelines, unless relevant waivers have been granted. 2. Hear concerns from a staff member dissatisfied with the disposition of any disciplinary matter by the school administration; 3. Refer students to programs defined in § 1604 of this title; provided, however, that any child with disabilities be referred to such programs through the child’s Individualized Education Plan; 4. Design, approve and oversee the implementation of programs established in the school as defined in this chapter; 5. Establish and enforce the school’s attendance policy, including mandating attendance in programs established in paragraph (7)b.7. of this section; 6. Establish extended day, week or year programs, for students with discipline or attendance problems, or at risk of academic failure, that provide for the assessment of penalties for violations of school discipline or attendance policies and for academic acceleration and tutoring, mentoring and counseling services for such students and their families as an integral program component; 7. Establish staff development programs for conflict resolution for all school staff, and establish programs in classroom and behavioral management for schools staff identified as needing improvement; 8. Design student mentoring, conflict resolution and/or peer counseling programs for all students, especially for those who are identified as having chronic discipline, academic or attendance problems. (69 Del. Laws, c. 464, § 1; 70 Del. Laws, c. 214, §§ 1-4; 70 Del. Laws, c. 518, §§ 1-3; 71 Del. Laws, c. 180, § 91; 80 Del. Laws, c. 79, § 299(a).) § 1605A. Prevention component. The Family Services Cabinet Council (Council), with the Department of Education and the Department of Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to offer prevention-related student support services (prevention services) to students to prevent them from becoming discipline problems and from failing academically in our schools. Within the limits of appropriations made for this purpose, the Council shall provide rules and regulations for the award of prevention grants and the conduct of prevention programs authorized under this section, subject to the following limitations: (1) The Council shall issue prevention funding to local school districts proposing to establish an integrated plan to deliver prevention services including, but not limited to, academic tutoring and student mentoring programs to provide at-risk students with the extra help they may need to succeed academically and with positive adult role models; outreach programs to promote parental, family and community involvement in students’ academic studies and in reducing and resolving school discipline problems; school-linked support services to help students with family or health problems that may be adversely affecting their academic performance and their conduct at school; training to help students and school personnel resolve conflicts peacefully and non-disruptively; and assistance to help teachers better manage the behavior of students in their classrooms. (2) Applications for funding pursuant to this section shall be made by school districts in accordance with procedures and standards established by the Council. Each applicant shall set forth an integrated plan to provide prevention services consistent with paragraph (1) of this section. To avoid duplication of effort, maximize the impact of limited resources, and increase the effect of efforts by state, local, community and private, nonprofit agencies through increased coordination and cooperation, the Council shall give preference to applications which: a. Are submitted by 2 or more school districts working in concert, where appropriate; b. Include private, nonprofit agencies and community organizations as partners in the application, and identify the roles those agencies and organizations are to play in delivering prevention services in the community; c. Indicate how grants from the federal government and foundations will be used or sought to help deliver prevention services in the community; and d. Identify the roles state and local agencies are to play in delivering prevention services in the community. (3) The Council shall provide technical assistance to districts preparing applications and ongoing assistance to districts awarded funding pursuant to this section. Page 184 Title 14 - Education (4) The Council shall establish a timetable for the award of grants pursuant to this section which shall provide, at minimum, for a period of 1 month for joint planning between the Council and the applicants that the Counsel selects as finalists eligible for a funding award. During such joint planning, the Council and the applicant shall refine the applicant’s prevention plan, ensure that the plan makes cost-effective use of the resources and services of state, local, community and private, nonprofit agencies, and consider the incorporation of successful elements of other districts’ prevention programs into the applicant’s plans. Final awards shall be made by the Council on or before January 15 of each year for the subsequent school year, contingent upon the appropriation of funds for such purpose in the annual appropriations act. (70 Del. Laws, c. 215, § 1; 71 Del. Laws, c. 180, § 92.) § 1606. State Board waiver authority. The Department of Education shall have the authority to waive or suspend provisions of the Delaware Code in the implementation of programs authorized under this chapter; provided however, that such waiver or suspension of a provision of the Code shall not result in an increased financial obligation to the State. The Department of Education is also authorized to waive or suspend its rules and regulations in order to maximize the projected impact of programs authorized under this chapter. The State Board shall be advised of any waiver of a regulation it must promulgate or approve, and may deny such waiver within 30 days or by the next regularly scheduled meeting, whichever is earlier, of the waiver’s approval by the Department. (69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 93.) § 1607. Interagency cooperation. The Department of Education and the public school districts are to work cooperatively with other state agencies, particularly the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families, in the development and implementation of programs authorized under this chapter. The intent of such cooperation is to avoid redundancy in services and to maximize the impact of resources authorized under this chapter. (69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 94.) § 1608. Referral to mental or behavioral health specialist. After a student’s second unduplicated infraction resulting in an out-of-school suspension, in a semester, the student must be referred to a school-based mental or behavioral health specialist. (84 Del. Laws, c. 183, § 1.) Page 185 Title 14 - Education Part I Free Public Schools Chapter 17 State Appropriations § 1701. Amount to be appropriated by General Assembly. The General Assembly shall make provision for the annual payment to the free public schools of the State an amount which shall amply provide for the items authorized by this title and those additional items that the General Assembly deems appropriate. (32 Del. Laws, c. 160, § 61; Code 1935, § 2706; 14 Del. C. 1953, § 1701; 71 Del. Laws, c. 180, § 94A.) § 1702. Divisions of school appropriations. (a) Appropriations for the support, maintenance and operation of the free public schools of the State shall be in 3 divisions: Division I shall include appropriations designated for the purpose of paying the employees of the various school districts of the State in accordance with the state-supported salary schedules contained in Chapter 13 of this title; Division II shall include the appropriations for all other school costs and energy, except those for debt service and the transportation of pupils; Division III shall include appropriations for educational advancement. (b) The Department of Education shall in its annual budget request recommend an aggregate amount to be appropriated to the State’s school districts for the purpose of educational advancement on a unit basis. The Department’s annual budget request shall include funds adequate to comply with its obligation under § 1704(2) of this title. (c) Appropriations pursuant to Division I shall be used to employ personnel authorized by Chapter 13 of this title. School districts shall not use such funding to employ administrators in addition to those funded by the State pursuant to Chapter 13 of this title. (d) Notwithstanding any other provision of this chapter, appropriations pursuant to Division II may be used for any otherwise legal purposes. (e) The Department of Education, Office of Management and Budget and Controller General’s Office are authorized to simplify the complexity of state share accounting by consolidating school district appropriations in the State’s financial management and accounting system. Such consolidation may include state funding appropriated and allocated to school districts under Divisions I, II and III, Academic Excellence, Reading Cadre, Reading Resource Teachers, and Exceptional Student Unit-Vocational. Appropriations authorized to be consolidated herein shall not alter the school funding formulas, salary schedules, and/or provision of expenditure stipulated in this title and in the Annual Appropriations Act. (47 Del. Laws, c. 364, § 1; 14 Del. C. 1953, § 1702; 56 Del. Laws, c. 292, § 20; 71 Del. Laws, c. 180, § 95; 71 Del. Laws, c. 482, § 3; 73 Del. Laws, c. 321, §§ 4, 5; 75 Del. Laws, c. 88, § 21(7); 75 Del. Laws, c. 89, § 367; 76 Del. Laws, c. 280, §§ 337, 356; 77 Del. Laws, c. 84, § 404; 77 Del. Laws, c. 197, § 2; 78 Del. Laws, c. 7, § 1; 79 Del. Laws, c. 201, § 1; 83 Del. Laws, c. 325, § 383.) § 1703. Unit of pupils. (a) As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title: (1) Preschool Basic Special Education - 8.4 (2) K-3 Regular Education — 16.2 (3) 4-12 Regular Education — 20 (4) K-12 Basic Special Education (Basic) — 8.4 (5) Pre-K-12 Intensive Special Education (Intensive) — 6 (6) Pre-K-12 Complex Special Education (Complex) — 2.6 (b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction. (c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for fullday kindergarten. (d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool basic special education unit shall be 1 unit for 8.4 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for kindergarten through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22, whichever occurs first, as defined in Chapter 31 of this title. Page 186 Title 14 - Education (1) Preschool basic special education unit. — a. A student shall be counted in the preschool basic special education unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit and is: 1. Eligible for special education and related services from birth; or 2. At least 3 years of age; or 3. Eligible as described in the Memorandum of Understanding on Early Childhood Transition with the Department of Health and Social Services; or 4. Not yet entered kindergarten. b. The following provisions shall apply to the preschool basic special education unit: 1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. Districts must use all funds generated by preschool basic special education unit to support services for the students counted in the preschool basic special education unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title. 5. Districts may use tuition to pay for the local share and excess costs of special education and related services. 6. The units are considered teacher/instructional units for purposes of other unit counts. 7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool unit. (2) K-3 regular education unit. — a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit, intensive unit or complex unit described later in this section. b. The following provisions shall apply to the K-3 regular education unit: 1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them. 5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts. (3) 4-12 regular education unit. — a. A student shall be counted in the grades 4-12 unit if the student is enrolled in grades 4 through 12 and not identified as eligible for special education and related services. 1. Partial unit funding is provided for between 1 and 20 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them. 5. The units are considered teacher/instructional units for purposes of other unit counts. (4) K-12 basic special education (basic). — a. A student shall be counted in the basic unit if the student is enrolled in kindergarten through 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit under paragraph (d)(6) of this section. b. The following provisions shall apply to the K-12 basic special education (“basic”) unit: 1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them. 5. A student is not required to receive a minimum number of hours of instruction to count as a student in the basic unit. 6. The units are considered teacher/instructional units for purposes of other unit counts. 7. All units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. 8. Districts are authorized to use up to 5% of the units for para-professionals or to cash them in for related services. (5) Pre-K-12 intensive special education (intensive). — a. A student shall be counted in the intensive unit if the student is: 1. Enrolled in preschool through grade 12; and Page 187 Title 14 - Education 2. Identified as a student eligible for special education; and 3. In need of a moderate level of instructional, behavioral, personal support, or health support characterized individually or in combination by the following: A. Need for adult-student ratio of 1:3 to 1:8 for a substantial portion of educational program; B. Need for staff support for mid-range or moderate-use assistive technology; C. Need for some extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services; D. Need for moderate level of related services, including interpreter, therapy, and school nurse and health services; E. Need for nonroutine or frequent accommodations or adaptations to curriculum or educational environment; and F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation. b. The following provisions shall apply to the pre-K-12 intensive special education (“intensive”) unit: 1. Partial unit funding is provided for between 1 and 6 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. 100% of the units must support the students that generate them. 5. The student is not required to receive a minimum number of hours of special education instruction to count as a student in the intensive unit. 6. The units are considered teacher/instructional units for purposes of other unit counts. 7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. 8. Units may also be used to cash-in for other related services. 9. Districts may use tuition to pay for the local share and excess costs of the program. (6) Pre-K-12 complex special education (complex). — a. A student shall be counted in the complex unit if the student is: 1. Enrolled in preschool through grade 12; and 2. Identified as a student eligible for special education; and 3. In need of a high level of instructional, behavioral, personal, or health support characterized individually or in combination by the following: A. Need for adult-student ratio of 1:1 to 1:2 for a substantial portion of educational program; B. Need for staff support for high-tech or extensive-use assistive technology which may include both high and low technology items; C. Need for extensive extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services; D. Need for extensive level of related services, including interpreter, therapy, and school nurse and health services; E. Need for extraordinary or extensive accommodations or adaptations to curriculum or educational environment; and F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation. b. The following provisions shall apply for the pre-K-12 complex special education (“complex”) unit: 1. Partial unit funding is provided for between 1 and 2.6 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. One hundred percent of the units must support the students that generate them. 5. The student is not required to receive a minimum number of hours of special education instruction to count in the complex unit. 6. The units are considered teacher/instructional units for purposes of their unit counts. 7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. 8. Units may also be used to cash-in for other related services. 9. Districts may use tuition to pay for the local share and excess costs of the program. (7) Counting students in preschool, basic, intensive, or complex shall be based on the Individual Education Program (IEP) and according to rules and rubrics described in Department of Education regulations. Page 188 Title 14 - Education (8) At the completion of the IEP meeting, the team will discuss and review the needs based funding unit and assure in writing that adequate resources are available to implement the IEP. (9) The Department shall request any financial reports or other information it deems necessary from districts and charter schools to ensure the appropriate use of all units earned. Districts and charters schools shall be required to provide reports and information as requested by the Department. (e) Programs shall be conducted on a 12-month schedule for children who are identified with severe mental disability, trainable mental disability, autism, traumatic brain injury, visual impairments including blindness, deaf-blindness or orthopedic disability, limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Such programs shall not exceed 1282 hours of school attendance and 222 teacher days in length except that in the case of programs for children identified with autism a school district may extend school attendance to 1,426 hours, and in the case of the Division of Visually Impaired teachers, who will work no more than 226 days. Enrollment of pupils beyond 180 days per year in any such program will be on a voluntary basis upon application by the parent, guardian or other person legally responsible for the enrollee. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year. (f) The state share for programs conducted on a 12-month schedule for children identified in subsection (e) of this section shall be calculated based on 100% of complex units and 30% of intensive units earned. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of the number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year. The calculation using the count of complex and intensive units does not establish a categorical right to 12-month programs for students who are counted in those units. The calculation of 100% of complex and 30% of intensive units is used to establish the state share provided in support of 12-month programs as described in subsection (e) of this section. The determination of eligibility for extended school year services is determined by IEP teams in conformity with applicable federal and state laws and regulations independent of 12-month program eligibility of students identified in subsection (e) of this section. (g) An occupational-vocational unit for financing purposes shall mean 27,000 pupil minutes per week; provided, however, units shall be counted on the basis of 1 unit for each 30 students for students enrolled in the New Castle County Vocational-Technical School District, the Kent County Vocational-Technical School District and the Sussex County Vocational-Technical School District. Computation of 27,000 pupil minutes per week shall be in accordance with the rules and regulations established by the Department of Education. (h) Notwithstanding the fact that such pupils have been counted in regular units of pupils, grades 7 to 12, inclusive, in the same or another school district, pupils who are enrolled in a vocational or occupational education program which has been approved annually by the Department of Education and which is conducted by any public school district shall also be counted for entitlement to vocational units. (i) Pupils having been counted in the occupational-vocational units of pupils shall be deducted from the regular unit entitlement of a comprehensive high school according to the following formula: Occupational-vocational units x .5 = deductible units (j) Effective for fiscal year beginning July 1, 2001, each public high school may hire an occupational-vocational teacher for an additional 15 days for participation in program development and oversight of summer vocational-occupational cooperative programs. Commencing in FY 2002, these teachers shall be entitled to payment of the state share of salaries at the rate of 1/188 of their entitlement for a full school year multiplied by the number of days employed. (k) In the case of children at the pre-kindergarten ages who are partially deaf or hard of hearing, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training for these children and their parents. The minimum age described in § 3101 of this title shall not be applicable to children served under this section. Units so established shall be based upon statewide needs. Time spent with each child each week may approximate the time devoted to kindergarten programs. (l) In the case of children, infant through the end of the school year in which the child with a disability turns 22, or the receipt of a regular high school diploma, whichever occurs first, who are identified with autism, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection. Enrollment of children with disabilities in programs other than those administered in the district of residence may occur with the mutual agreement of the district of residence and the district administering the specialized program. The district which accepts and enrolls the child may count that child for unit count purposes and the enrollee shall not be counted in any other school district. The district where the child is enrolled may count that child for the purposes of related services units or any other administrative unit such as director or principal. (m) In the case of children, infant through the end of the school year in which the child with a disability turns 22 or the receipt of a regular high school diploma, whichever occurs first, who are identified as deaf-blind, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education. Programs for children of the Page 189 Title 14 - Education pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection. (n) (1) The Interagency Resource Management Committee (IRMC) shall have administrative responsibility for establishing a comprehensive and coordinated early childhood system. The IRMC shall be composed of the following members (or their designee with full voting powers): a. Secretary of Education, who shall be the chairperson of the IRMC. b. Secretary of the Department of Health and Social Services. c. Secretary of the Department of Services for Children, Youth and Their Families. d. Director of the Office of Management and Budget. e. Controller General. f. The Chair of the IRMC Extended Learning Opportunities Subcommittee and the Chair of Early the Childhood Council as nonvoting members. (2) An affirmative vote of a majority of all voting members shall be required to take action. (3) The IRMC shall promote interagency collaboration in the delivery of early childhood services to young children and their families including young children with disabilities. The IRMC will work to support and coordinate the implementation of the recommendations of the State early childhood plan. To accomplish these goals, the IRMC shall do the following: a. Allocate all funds provided by the State, obtained by it, or under its control, which are designated for children eligible for services under this subsection except for unit funding for children with disabilities as described in this title. b. Coordinate resources, federal and state and public and private, to support family-centered services for eligible children and their families, as appropriate. c. Seek to develop collaborative approaches with the institutions of higher education for children eligible for services under this subsection. Special emphasis shall be placed on the use of existing preschool educator training and child care provider training programs. d. Coordinate planning, policy, program and funding to establish a comprehensive and coordinated early childhood system. (4) The IRMC may, at its discretion, apply for and allocate grant funds. Sources of such grant funds may include, but not be limited, to the federal Childcare Block Grant, Developmental Disabilities Council, federal Child and Maternal Health Grant, federal U.S.C. Title 20, and federal Head Start, where appropriate. (5) The IRMC shall report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include: a. A summary of IRMC experience in attempting to accomplish its purposes as stated above; and b. A recommendation of the IRMC whether and how to institutionalize its activities and functions. (6) The Director of the Office of Management and Budget and the Controller General are hereby authorized to transfer additional funds serving this population among the budgets of the departments represented on the IRMC if there is prior agreement by the Secretary of the department, as the case may be, to which the funds were previously allocated. (7) For the purpose of facilitating the continuation of services, programs receiving an allocation under the provisions of this section may receive 20% of the prior year’s allocation at the outset of each fiscal year. These programs are required to present program proposals to the IRMC as required by the IRMC. Upon IRMC approval, adjustments to the program allocations may be made. (8) The IRMC shall be staffed by the Early Development and Learning Resources Office in the Department of Education. Such Office shall be composed of at least 2 Education Specialists and a clerical support position. Funding shall be provided by the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families by no later than July of each fiscal year to support the operational costs associated with 1 Educational Specialist and clerical support positions. Funds allocated in this section are to be used to support the work of the Office and to continue the interagency coordination process for Delaware’s early childhood programs. (o) Funds appropriated for the purpose of funding the units of pupils under subsections (d), (e), (f) and (k) of this section shall not be expended for any other purpose. (47 Del. Laws, c. 364, § 2E; 14 Del. C. 1953, § 1703; 49 Del. Laws, c. 105, § 1; 51 Del. Laws, c. 287, § 4; 54 Del. Laws, c. 40, § 1; 55 Del. Laws, c. 188; 55 Del. Laws, c. 198, § 1; 56 Del. Laws, c. 280; 56 Del. Laws, c. 404, § 1; 57 Del. Laws, c. 237, §§ 1, 3; 57 Del. Laws, c. 348, § 1; 57 Del. Laws, c. 480, § 1; 57 Del. Laws, c. 590; 58 Del. Laws, c. 190; 58 Del. Laws, c. 228; 58 Del. Laws, c. 302; 58 Del. Laws, c. 569, §§ 1, 2; 59 Del. Laws, c. 219, § 1; 59 Del. Laws, c. 220, § 1; 59 Del. Laws, c. 331, §§ 1, 2; 60 Del. Laws, c. 571, §§ 1, 2; 60 Del. Laws, c. 577, § 1; 60 Del. Laws, c. 652, §§ 1-3; 61 Del. Laws, c. 190, § 2; 61 Del. Laws, c. 215, § 1; 61 Del. Laws, c. 516, §§ 1-3; 62 Del. Laws, c. 160, § 1; 63 Del. Laws, c. 80, § 116; 63 Del. Laws, c. 177, §§ 2, 4; 63 Del. Laws, c. 231, §§ 1, 2; 63 Del. Laws, c. 278, § 1; 64 Del. Laws, c. 315, § 4; 64 Del. Laws, c. 464, § 1; 65 Del. Laws, c. 381, § 1; 67 Del. Laws, c. 47, § 265; 68 Del. Laws, c. 84, § 216; 68 Del. Laws, c. 126, § 8; 69 Del. Laws, c. 320, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 96-102; 71 Del. Laws, c. 354, §§ 394, 395; 71 Del. Laws, c. 482, §§ 1, 2; 72 Del. Laws, c. 6, § 5; 72 Del. Laws, c. 294, §§ 41, 43; 72 Del. Laws, c. 395, § 365; 73 Del. Laws, c. 74, § 357; 73 Del. Laws, c. 312, § 261; 73 Del. Laws, c. 321, § 8; 74 Del. Laws, c. 68, § 272; 74 Del. Laws, c. 187, §§ 2, 3; 74 Del. Laws, c. 307, § 308(e); 75 Del. Laws, c. 88, § Page 190 Title 14 - Education 21(7); 75 Del. Laws, c. 89, § 345; 75 Del. Laws, c. 155, §§ 6, 7; 77 Del. Laws, c. 363, § 1; 78 Del. Laws, c. 5, §§ 37-50, 55; 78 Del. Laws, c. 7, § 3; 79 Del. Laws, c. 201, § 1; 82 Del. Laws, c. 162, § 1; 83 Del. Laws, c. 89, §§ 1, 2; 83 Del. Laws, c. 89, § 3, § 3; 83 Del. Laws, c. 357, § 2; 84 Del. Laws, c. 48, § 1; 84 Del. Laws, c. 140, § 1.) § 1703A. Extended Learning Opportunities Subcommittee. (a) The IRMC Extended Learning Opportunities Subcommittee is established to oversee coordination, research, and planning statewide for before and after school and summer learning programs for school-age children and advise the General Assembly and the Governor. (b) The duties of the IRMC Subcommittee are as follows: (1) Research national and local trends and best practices in extended learning programs and services and recommend new public policy that aligns with that research. (2) Develop program standards and suggest funding protocols. (3) Establish standards for program performance and evaluation. (4) Make regular recommendations regarding coordination of services among different stakeholders, especially with organizations and programs providing early childhood services. (5) Submit a yearly summary of its recommendations to the IRMC to include in its annual report under § 1703(n)(5)b of this title. (c) The Subcommittee shall be composed of 19 members: (1) The following members shall serve by virtue of their position and may designate a person to serve in their stead and at their pleasure: a. The Secretary of the Department of Education, or the Secretary’s designee. b. The Secretary of the Department of Children, Youth and Their Families, or the Secretary’s designee. c. The Secretary of the Department of Health and Social Services, or the Secretary’s designee. (2) The Delaware After School Network Director, appointed by the Governor. (3) A representative of a nonprofit afterschool program provider, appointed by the Governor. (4) A representative of a private afterschool program provider, appointed by the Governor. (5) A representative of a summer program provider, appointed by the Governor. (6) A school district superintendent, appointed by the Governor. (7) A representative for elementary school teachers, appointed by the President of the Delaware State Education Association. (8) A representative for secondary school teachers, appointed by the President of the Delaware State Education Association. (9) Four members of the public, who shall be appointed by the Governor. (10) A representative of the Charter School community, appointed by the Delaware Charter School Network. (11) A representative of the Governor’s Advisory Council on Exceptional Children, appointed by the Chair of the GACEC. (12) A representative of the Provider Advisory Board, appointed by the the Chair of the Provider Advisory Board. (13) Two principals — 1 elementary and 1 secondary — appointed by the Delaware Association of School Administrators. (d) Terms of appointed members; chairperson. — (1) Each appointed member shall be appointed to serve a term of up to 2 years. Members shall be appointed for staggered terms, so that no more than half of the appointed members’ terms expire in any 1 calendar year. Appointed members are eligible for reappointment. (2) From the members, set forth in paragraphs (c)(2) through (13) of this section, there shall be a chairperson of the subcommittee who shall be appointed by the Governor and shall serve at the pleasure of the Governor. The chairperson shall guide the administration of the subcommittee by supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the subcommittee. (e) The subcommittee shall issue an annual report to the Governor, General Assembly, and the public on the work of the subcommittee and the status of extended learning opportunities for school-aged children in the State. (f) The Department of Education will provide administrative and staff support for the subcommittee as part of its responsibility to staff the IRMC. (g) The IRMC Expanded Learning Opportunities Subcommittee shall follow all rules of § 10002(k) of Title 29 relating to public meetings. (h) The subcommittee shall hold its initial organizational meeting by October 21, 2019, with the date, time, and place for the meeting to be set by the chairperson of the subcommittee. (i) The subcommittee shall meet at least monthly. (82 Del. Laws, c. 162, § 1; 83 Del. Laws, c. 65, § 1.) § 1704. Number of units in a school district; method of calculation; actual unit count; optional unit count. The number of units to be used in determining state financial support in each school district shall be calculated by the Department of Education each year in accordance with the procedures specified in this section. (1) The number of units shall be calculated based upon the total enrollment of pupils in each school district as of the last school day of September. The total number of units by school district so determined shall be known as the “actual unit count.” The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title. Page 191 Title 14 - Education (2) Each calendar year, the State shall estimate the actual unit count for each school district that will be produced in September of the same calendar year. This estimate of the September unit count shall be completed no later than April 15 of each calendar year. The total number of units by school district so determined shall be known as the “estimated unit count.” (3) With respect to state financial support described in this title that is based upon the actual unit count, Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding for each school district based upon the actual unit count derived in any calendar year shall not be less than 98% of the Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding that would have been generated by use of that calendar year’s estimated unit count. (4) Each local school board shall allocate Division I units to schools in its district such that as of the last school day of October each school receives not less than 98% of the Division I units it generates as a result of the actual unit count. A local school board may waive this subsection after voting to waive it at a public meeting noticed for that purpose. Any local school board seeking such a waiver shall do so on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative, and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the local school board. Notice of any approved waiver shall be sent to the same persons. (47 Del. Laws, c. 364, § 2E; 48 Del. Laws, c. 250, § 1; 14 Del. C. 1953, § 1704; 49 Del. Laws, c. 151; 56 Del. Laws, c. 310; 63 Del. Laws, c. 120, §§ 1, 3; 65 Del. Laws, c. 348, § 274; 69 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 180, § 103; 71 Del. Laws, c. 483, § 1; 76 Del. Laws, c. 280, § 355; 78 Del. Laws, c. 7, §§ 2, 3; 79 Del. Laws, c. 201, § 1; 83 Del. Laws, c. 54, § 372; 83 Del. Laws, c. 57, § 25.) § 1705. Determination of amount of appropriation. (a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with all applicable state-supported salary schedules. No state funds from Division I shall be appropriated to any school district to provide salaries for more teachers than shall actually be employed in such school district. (b) Any school district may employ additional teachers out of state funds appropriated in Division II or Division III as provided in § 1304 of this title. (47 Del. Laws, c. 364, § 2A; 14 Del. C. 1953, § 1705; 56 Del. Laws, c. 292, § 21; 72 Del. Laws, c. 294, § 46; 77 Del. Laws, c. 197, § 4.) § 1705A. Maximum student-instructor ratio requirements. (a) The ratio of students to instructors in any class in kindergarten or grades 1-3 in a Delaware public school shall not exceed 22 students as of the last school day of October. In calculating such ratio, a classroom instructional aide shall count as equal to half a teacher. This subsection shall only apply to a class within which students are instructed in the core academic subjects of English/Language Arts, mathematics, science and social studies. (b) The Department of Education shall provide technical assistance to any school district seeking assistance in allocating its Division I, Division III, Comprehensive Discipline Program, and local operating funding in such a manner as to accomplish class sizes equal to or lower than those required by this section. (c) A local school board may waive subsection (a) of this section after voting to waive such subsection at a public meeting noticed for that purpose. Any local school board vote on such a waiver shall occur on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the school board. Notice of any approved waiver shall be sent to the same persons. (d) The State Auditor shall, in cooperation with the Department of Education, monitor compliance with this section in the audits of the boards of ed