Delaware Codes

State Board of Education

Universal Citation: 14 DE Code § 101. (2020)

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; 

Universal Citation: 14 DE Code § 104. (2020)

(a) The State Board of Education, referred throughout this subchapter as “State Board,” consists of 9 members who are citizens of this State and appointed 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.

(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 paragraphs (a)(1) and (a)(2) 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:

 

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), (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 Board meetings, 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; 

Universal Citation: 14 DE Code § 105. (2020)

(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 Vice-President. 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; 

Universal Citation: 14 DE Code § 107. (2020)

(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; 

Universal Citation: 14 DE Code § 121. (2020)

(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 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;

(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) Determining criteria to be met and procedures to be followed by institutions of postsecondary education that offer courses, programs of courses, or degrees within the State but that are not institutions either incorporated in Delaware or located in Delaware except for the purpose of offering the particular courses, programs of courses, or degrees referred to above. The administration of the authority herein granted shall be carried out according to rules and regulations of the Department as authorized in § 122 of this title; and

(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.

(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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation or the Secretary of Education becomes effective.

d. The Department, through the Associate Secretary, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation or the Secretary of Education after a hearing, may put limitations on a license that may include but are 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.

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 (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.

(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 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation or the Secretary of Education becomes effective.

d. The Department, through the Associate Secretary, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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, Administration and Innovation, 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 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, Administration and Innovation or the Secretary of Education after a hearing, may put limitations on a license that may include but are 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.

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; 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 (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.

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; 

Universal Citation: 14 DE Code § 122. (2020)

(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) Providing for the licensing of any institution of higher education, public or private, which is not incorporated in the State or which is not established according to Delaware law, whether the main office of that institution is located within the State or in any state of the United States or in any nation of the world, if that institution offers any course, program of courses, or degree at a location within the State or by correspondence to residents of the State. Regulations on this subject shall include provisions for the identification and licensing of any agent of such an institution who contacts persons within the State, in person or by correspondence, for the purpose of soliciting enrollment by a permanent or temporary resident of the State in any such course, program of courses, or degree. The Department shall also determine the minimum requirements for the presentation of any course or program of courses and for the issuing of academic, normal school, collegiate, professional or university degrees of any level by such institutions as are not otherwise authorized by Delaware law to determine such requirements. Rules and regulations pursuant to this paragraph shall be proposed by the Secretary subject to approval by 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;

(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;

(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 post-secondary 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.

(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:

 

(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. 350, § 2;  81 Del. Laws, c. 43, § 4; 

Education Accountability Plan

Universal Citation: 14 DE Code § 151. (2020)
 
(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 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 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; 

Universal Citation: 14 DE Code § 154. (2020)

(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 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; 

Universal Citation: 14 DE Code § 155. (2020)

(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; 

Universal Citation: 14 DE Code § 157. (2020)

(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, 2-way, 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 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;

Officers and Employees Generally

Action may be brought in the name of the State against any officer for money received by or legally chargeable to the officer for fines, forfeitures or fees appertaining to the funds of the State.

Code 1852, § 2244;  Code 1915, § 4095;  Code 1935, § 4586;  29 Del. C. 1953, § 5108;  70 Del. Laws, c. 186, § 1; 

The General Assembly finds and declares:

(1) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

(2) To ensure propriety and to preserve public confidence, officers and employees of the State must have the benefit of specific standards to guide their conduct and of some disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.

(3) In our democratic form of government, it is both necessary and desirable that all citizens should be encouraged to assume public office and employment, and that, therefore, the activities of officers and employees of the State should not be unduly circumscribed.

(4) It is the desire of the General Assembly that all counties, municipalities and towns adopt code of conduct legislation at least as stringent as this act to apply to their employees and elected and appointed officials. This subchapter shall apply to any county, municipality or town and the employees and elected and appointed officials thereof which has not enacted such legislation by January 23, 1993. No code of conduct legislation shall be deemed sufficient to exempt any county, municipality or town from the purview of this subchapter unless the code of conduct has been submitted to the State Ethics Commission and determined by a majority vote thereof to be at least as stringent as this subchapter. Any change to an approved code of conduct must similarly be approved by the State Ethics Commission to continue the exemption from this subchapter.

67 Del. Laws, c. 417, §§ 1, 2;  68 Del. Laws, c. 433, § 1; 

(a) Each state employee, state officer and honorary state official shall endeavor to pursue a course of conduct which will not raise suspicion among the public that such state employee, state officer or honorary state official is engaging in acts which are in violation of the public trust and which will not reflect unfavorably upon the State and its government.

(b) No state employee, state officer or honorary state official shall have any interest in any private enterprise nor shall such state employee, state officer or honorary state official incur any obligation of any nature which is in substantial conflict with the proper performance of such duties in the public interest. No state employee, state officer or honorary state official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:

(1) Impairment of independence of judgment in the exercise of official duties;

(2) An undertaking to give preferential treatment to any person;

(3) The making of a governmental decision outside official channels; or

(4) Any adverse effect on the confidence of the public in the integrity of the government of the State.

Provided however, that a minimal gratuity provided on occasion to blind or disabled state employees or other blind or disabled persons supervised by the Division of Visually Impaired, shall not be considered to be a violation of this section.

(c) No state employee, state officer, or honorary state official shall acquire a financial interest in any private enterprise which such official has reason to believe may be directly involved in decisions to be made by such official in an official capacity on behalf of the State.

(d) Any state employee or state officer who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, any state agency (and any honorary state official who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, the state agency on which the official serves as an appointee) shall file with the Commission a written statement fully disclosing the same. Such disclosure shall be confidential and the Commission shall not release such disclosed information, except as may be necessary for the enforcement of this chapter. The filing of such disclosure statement shall be a condition of commencing and continuing employment or appointed status with the State.

(e) No state employee, state officer or honorary state official shall use such public office to secure unwarranted privileges, private advancement or gain.

(f) No state employee, state officer or honorary state official shall engage in any activity beyond the scope of such public position which might reasonably be expected to require or induce such state employee, state officer or honorary state official to disclose confidential information acquired by such official by reason of such public position.

(g) No state employee, state officer or honorary state official shall, beyond the scope of such public position, disclose confidential information gained by reason of such public position nor shall such official otherwise use such information for personal gain or benefit.

(h) No state employee, state officer or honorary state official, in the course of public responsibilities, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual’s favorable treatment by that person or a state agency.

(i) Notwithstanding the provisions of Chapters 58, 59, and 69 of this title and the State Merit Rules of Personnel Administration, state employees may contract to provide foster care or respite care for individuals with fees paid for by the State provided further that the employee does so at other than assigned work hours. Additionally, these individuals are not permitted to participate in the review or disposition of any matter related to foster and/or respite care in which they have or may have a personal or private interest and may not be monitored or reviewed by other state employees who are more junior or related to them.

59 Del. Laws, c. 575, § 1;  63 Del. Laws, c. 1, § 2;  65 Del. Laws, c. 349, § 1;  67 Del. Laws, c. 417, § 1;  69 Del. Laws, c. 467, §§ 5, 27;  70 Del. Laws, c. 186, § 1;  70 Del. Laws, c. 567, § 1;  76 Del. Laws, c. 80, § 33; 

State Government

In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

Every person elected or appointed to any public office of trust or profit in this State, before entering upon the duties of such office, shall take and subscribe the oaths or affirmations set forth in article XIV of the Delaware Constitution. Such oaths, reduced to writing, duly signed and certified, shall be recorded in the office of the recorder of the county of the official’s residence. No fee shall be required by the recorder of any person appointed by the Governor to serve as a volunteer member of an advisory council.

Code 1852, §§ 435, 440;  Code 1915, § 377;  Code 1935, § 346;  29 Del. C. 1953, § 5101;  61 Del. Laws, c. 387, § 2; 

Official Bonds

No action shall be brought upon the official recognizance of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties, after the expiration of 6 years from the date of such recognizance or bond. The bond of any executor or administrator cum testamento annexo, who, during his or her life, is entitled under the will of any deceased testator to the personal estate of such deceased testator, shall continue in force for the period of 3 years after the death of such executor or administrator.

Code 1852, §  2737;  20 Del. Laws, c. 583, §  4;  Code 1915, §  4666;  Code 1935, §  5124;  10 Del. C. 1953, §  8101;  70 Del. Laws, c. 186, §  1

No action shall be brought upon the official obligation of any State Treasurer, Secretary of State, county treasurer, register of wills, recorder of deeds, Prothonotary, Clerk of the Peace, Register in Chancery, collector, or constable, against either the principal or sureties, after the expiration of 3 years from the accruing of the cause of such action.

Code 1852, §  2740;  19 Del. Laws, c. 265;  Code 1915, §  4669;  Code 1935, §  5127;  10 Del. C. 1953, §  8104; 

No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation, by any officer of such bank or corporation, with condition for the officer’s good behavior, or for the faithful discharge of the duties of the officer’s station, or touching the execution of the officer’s office, against either the principal or sureties, after the expiration of 2 years from the accruing of the cause of such action. No action shall be brought, and no proceedings shall be had upon any such bond, or upon any judgment thereon, against either the principal or sureties, for any cause of action accruing after the expiration of 6 years from the date of such bond.

Code 1852, §§  2747, 2748;  Code 1915, §  4677;  Code 1935, §  5135;  10 Del. C. 1953, §  8113;  70 Del. Laws, c. 186, §  1

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