Reorganization of School Districts

Del. Code tit. 14, ch. 10
in effect

Del. Code tit. 14, § 1001 Purpose.

(a) The purpose of this subchapter is to continue the statewide process of reorganization of school districts begun under the School District Reorganization Act of 1968; to preserve the historic concept of semiautonomous locally controlled school districts throughout the State; to provide a procedure for the effective and orderly reorganization of certain existing school districts in Delaware; and to provide a framework of a governance system for such reorganized districts. (b) It is the further purpose and intent of the General Assembly to establish policy, procedures, standards and criteria under which the State Board of Education is authorized to determine and establish an appropriate reorganized school district or school districts and to implement the reorganization thereof. Any plan or rules and regulations duly adopted in accordance with this subchapter and § 1028(k) of this title by the State Board of Education for its implementation of such a plan shall be binding upon the parties involved in accordance with § 122(a) of this title.

Del. Code tit. 14, § 1002 Definitions.

Unless otherwise defined in this chapter: (1) “Component former school board” means the board of education of any component former school district or component school district. (2) “Component former school district” or “component school district” means a school district, as constituted on July 1, 1977, which comprises in whole or in part a reorganized school district on or after July 1, 1978. (3) “Reorganized school district” or “newly reorganized school district” means a school district which is constituted and established in accordance with this chapter, provided that “reorganized school district” or “newly reorganized school district”, for the purposes of this subchapter and § 1028(k) of this title, shall not include any district specifically created to administer a system of vocational and/or technical education. (4) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with this chapter. (5) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area provided that “school district” shall not, for the purposes of this subchapter and § 1028(k) of this title, include any district specifically created to administer a system of vocational and/or technical education.

Del. Code tit. 14, § 1003 Criteria.

The State Board of Education is hereby authorized and empowered to reorganize school districts pursuant to this chapter. Any such reorganization shall meet at least the following criteria: (1) Provide a complete instructional program for grades 1 through 12 except as may be provided for vocational and/or technical education; (2) Be composed of whole component school districts or parts of component school districts or any combination of whole and parts of component school districts without regard to any specific provisions of this chapter which would otherwise require the preservation of the boundaries of any component school district.

Del. Code tit. 14, § 1004 Implementation; date of reorganization.

Whenever any school district is reorganized either by consolidation of whole or parts of whole districts into a new district or districts or by division of a district or by a combination of consolidation and division of districts, the State Board of Education shall set the date upon which the implementation of the reorganized district or districts shall occur, after which date the reorganized district or districts shall be organized and administered according to this title and the school board of the former school district shall be dissolved.

Del. Code tit. 14, § 1005 Employee’s right to fair dismissal; seniority.

Nothing in this chapter shall be deemed to alter or affect in any way either Chapter 14 of this title or the right to terminate the employment of any school employee to whom Chapter 14 of this title does not apply, for cause or for any other reasons not inconsistent with the purpose of this section, except that, for purposes of § 1403 of this title, a teacher as defined in § 1401 of this title who is and has been continuously employed among a district created by a division under § 1028(k) of this title, the district divided under § 1028(k) of this title and 1 of its component former school districts shall be deemed to have been continuously employed by the new district to which that teacher has been assigned for the entire term of that teacher’s continuous employment in the several school districts.

Del. Code tit. 14, § 1006 Deployment of school employees in each reorganized school district.

(a) The State Board of Education shall devise a fair and equitable procedure for the deployment of school employees among and within the districts reorganized pursuant to this subchapter and § 1028(k) of this title which will be consistent with the criteria for reorganization set out in § 1003 of this title. (b) Any school district which is eligible for division pursuant to § 1028(k) of this title shall include in every employment contract into which it enters after July 8, 1980, a statement providing that the contract shall not be binding on any district created by such division.

Del. Code tit. 14, § 1007 Interim boards; membership; authority.

(a) When a reorganized school district, excluding a vocational-technical school district, is divided pursuant to this subchapter and § 1028(k) of this title, there shall be an interim board of education for each district being created. The interim board of education shall have 7 members, one of whom resides in each nominating district. Each member of the board of education of the district being divided shall become a member of the interim board of the district being created and from the nominating district in which that member resides, provided that the member’s term on the interim board shall terminate on the date on which that member’s term on the board of education of the district being divided terminates. Any person who succeeds a member of the board of the district being divided shall also succeed that person as a member of the interim board. Except with regard to persons appointed to fill vacancies, the remainder of the members of the interim board of education shall be chosen by election pursuant to the following procedure: (1) Candidates for the interim board of education shall be nominated in accordance with § 1075 of this title except that a nominee must be a resident of the nominating district that nominee will represent; (2) A nominating petition in support of any nominee may be signed by any resident of the school district qualified to vote in the election proposed; (3) Election of members of the interim board shall be at large in the geographic area encompassed by the school district being created, provided that no person may vote for more than 1 person who resides in each nominating district; (4) The election shall be conducted in accordance with subchapter IV of this chapter; provided, however, that: a. The election shall be held within 130 days of the approval by the State Board of Education of the plan for division of the district pursuant to § 1028(k) of this title on a date chosen by the department of elections of the county in which the district is located after consultation with the State Board of Education or its designee; provided, however, that it shall not be held in November or December; b. The election shall be conducted by the department of elections of the county in which the district is located. The cost of the election shall be borne by the school district being divided; c. In the case of a tie between nominees from the same nominating district, the member shall be chosen by a run-off election to be held within 30 days. (b) Not later than 10 calendar days after the election of the members of an interim board, the President of the State Board of Education or the President’s designee shall meet the new board and swear in the members and shall on the same occasion instruct the board immediately to organize according to this chapter. (c) Each new board so organized shall serve as an interim board of education for the reorganized district until the date set by the State Board of Education for the establishment of the new school district according to § 1004 of this title. (d) Each interim board shall have all of the authority of a board of education as set forth in this title for the sole purpose of planning and preparing for the establishment of a reorganized school district to be established on the date set by the State Board of Education. The authority herein granted to each interim board may include but is not limited to the authority to set tax rates in accordance with this title, negotiate contracts, employ personnel for assignment as of the date of implementation of the new district and select a name for the reorganized school district. (e) The interim board may employ personnel for immediate assignment to execute the policies of the interim board. (f) All persons elected to the interim board or appointed to fill a vacancy shall be members of the interim board until it is dissolved on the date selected by the State Board of Education pursuant to § 1004 of this title for implementation of the reorganization. A vacancy on the interim board shall be filled by the remaining members of the interim board who shall appoint a person who resides in the nominating district in which that person’s predecessor resided. (g) Each interim board shall devise a budget to support its operation during the period from the date of its organization until the date set by the State Board of Education for implementation of the new district and present that budget to the State Board of Education for review and approval on a date set by the State Board of Education which shall be not more than 30 calendar days after the date that the interim board is organized. The State Board of Education shall approve or make modifications in and approve the budget not later than 10 days after it is presented by the interim board. (h) If the district being divided or consolidated fails to contribute to the interim board the amount assessed against it, according to this section, within 10 calendar days of receipt of the statement of assessment delivered by certified mail, the interim board shall report the delinquency to the State Board of Education, which shall in turn verify the delinquency and certify its finding to the Secretary of Finance. Upon certification of the Secretary of Finance, the State Treasurer shall pay the assessed amount to the interim board from such funds as are available in the state and local district accounts for the delinquent district. (i) Prior to the organization of the interim board, the State Board of Education shall engage in planning to effectuate the division of the school district. The board of education of the school district being divided shall, at the request of the State Board of Education, assign personnel to assist the State Board of Education. (j) Nothing herein shall alter the procedure or timing of elections for membership on the board of education of the district being divided.

Del. Code tit. 14, § 1008 The Redding Consortium for Educational Equity.

(a) The Redding Consortium for Educational Equity (“Consortium”) replaces the Wilmington Education Improvement Commission. The Consortium shall recommend policies and practices to the Governor and General Assembly and to the Secretary of Education to achieve educational equity and to improve educational outcomes of all pre-K to grade-12 students in the City of Wilmington and northern New Castle County. (b) The Consortium shall monitor the educational progress and outcomes of students in the City of Wilmington as well as all low-income, English learners and other students at risk across northern New Castle County. It shall develop and publish data reports on the conditions impacting the educational outcomes of these students and also track the progress of these students. (c) The Consortium shall recommend policies and actions to the Governor and General Assembly that support the continuous improvement of public education in the City of Wilmington and northern New Castle County. It shall spotlight best practices from across the State and nation for increasing educational equity, improving educational outcomes, and strengthening school and community services. It shall facilitate collaboration on implementation of best practices among school districts and charter schools and may implement pilot projects It shall also facilitate the consistent engagement of impacted communities to strengthen and inform its work. (d) The Consortium shall evaluate the need for additional or alternative educational facilities in the City of Wilmington, including secondary schools. (e) The Consortium shall develop policy proposals to be introduced through legislation to improve teaching and learning in both district and charter schools in the City of Wilmington and northern New Castle County. (f) The Consortium shall develop a proposal for redistricting in the City of Wilmington and northern New Castle County that must include provisions under § 1026(d)(3) of this title formulated specifically for that purpose with designated responsibilities and timelines for action at all levels. (g) The Consortium shall research the viability of the New Castle County Tax District and Tax Pool. (h) The Consortium is comprised of 25 voting members, as follows: (1) Fifteen members serving by virtue of position, or a designee selected by the member, as follows: a. A State Senator representing the City of Wilmington, appointed by the President Pro Tempore of the Senate. b. A State Representative representing the City of Wilmington, appointed by the Speaker of the House of Representatives, c. A State Senator from the minority caucus, appointed by the President Pro Tempore of the Senate. d. A State Representative from the minority caucus, appointed by the Speaker of the House of Representatives. e. The Superintendent of the Red Clay Consolidated School District. f. The Superintendent of the Christina School District. g. The Superintendent of the Colonial School District. h. The Superintendent of the Brandywine School District. i. The Superintendent of the New Castle County Vo-Tech School District. j. The Mayor of the City of Wilmington. k. The Head of the Metropolitan Urban League. l. The President of the Delaware Hispanic Commission. m. The Chair of the Advisory Council on English Learners. n. A Chair of the Wilmington Community Advisory Council. o. The President of the Delaware State Education Association. (2) Ten members identified and appointed by the co-chairs of the Consortium, as follows: a. A representative of the Wilmington Center for Education Equity and Public Policy. b. A charter school lead. c. Two teachers from schools in the City of Wilmington. d. Two business leaders. e. Two parents. f. Two additional community leaders or representatives of the Wilmington and northern New Castle County community with educational interests. (i) The Consortium is comprised of the following nonvoting members, or a designee selected by the member: (1) The Secretary of Education. (2) The Secretary of Finance. (3) The Director of the Office of Management and Budget. (j) Official action by the Consortium requires the approval of a majority of all voting members. (k) Meetings of the Consortium and all related committees are public meetings and must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of Title 29. ( l ) The Consortium shall meet at least quarterly, and its first meeting shall occur on or before September 1, 2019. (m) The Consortium may invite education and community stakeholders to participate in meetings as nonvoting members as determined by the co-chairs. (n) The co-chairs of the Consortium are as follows: (1) The member appointed by the President Pro Tempore of the Senate under paragraph (h)(1)a. of this section. (2) A member appointed by the Governor from the members of the Consortium under paragraphs (h)(1)e. through (h)(1)o. or paragraphs (h)(2)a. through (h)(2)e. of this section. (o) The Consortium may form standing committees to develop recommendations for consideration by the full Consortium. The co-chairs of the Consortium may appoint members of committees and working groups who are not members of the Consortium but whose participation will enhance the work undertaken. (p) The Consortium shall work with and across all relevant governmental agencies, educational entities, and private and nonprofit institutions serving residents of the City of Wilmington. The Consortium shall build upon the work and recommendations of the Wilmington Education Advisory Committee and the Wilmington Education Improvement Commission. (q) As requested by the Governor and the General Assembly, the Consortium shall carry out other responsibilities consistent with its overall mission. (r) The Consortium shall report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House, the City of Wilmington, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives at least once each fiscal year. It shall annually present a report to a joint session of the education committees of the Senate and the House. Each report must include all of the following: (1) A summary of the work and actions completed by the Consortium to accomplish its purposes as required under this section. (2) Recommendations of the Consortium about whether and how to further implement, promote, and achieve improvement in the education of pre-K to grade-12 students in the City of Wilmington and northern New Castle County. (s) The University of Delaware’s Institute for Public Administration and Delaware State University’s School of Graduate Studies shall staff the Consortium. A policy director from the Institute for Public Administration, approved by the co-chairs of Consortium, shall manage the staff. An annual line item allocation of funding must be provided to the Consortium to support the operational services, research, and analysis carried out by the Institute for Public Administration and Delaware State University and in the development of the transition, resource, and development plan. (t) The Consortium shall remain in operation until the Governor and General Assembly conclude that its mission has been fulfilled.

Del. Code tit. 14, § 1009 Transfer of property.

During the period beginning on the date that an interim board is organized pursuant to § 1007 of this title and ending on the date set by the State Board of Education for the establishment of a new district, any school district being divided shall take the steps necessary to transfer and convey all property that, as determined by the State Board of Education, naturally belongs to the reorganized district and shall make and execute such deed or deeds of conveyance as are necessary to pass to the reorganized district the legal title to all such property, provided that the State Board of Education shall make no determination contrary to § 1028(f) of this title. For purposes of this section, the property upon which a vocational-technical center or school is located and the property constituting such vocational-technical center or school shall be deemed to belong to the vocational-technical school board in the county in which the vocational-technical center or school is located. The transfers herein required shall be concluded not later than 90 calendar days after the establishment of the new reorganized school district.

Del. Code tit. 14, § 1010-1012 §§ 1010-1012. Property, indebtedness and obligation of component former school districts; property held by State Board at time of reorganization; federal funds.

Repealed by 62 Del. Laws, c. 351, § 8, effective July 8, 1980.

Del. Code tit. 14, § 1021 Types of reorganized school districts.

After July 1, 1969, all school districts in this State shall be known as “reorganized school districts.”

Del. Code tit. 14, § 1022 Property; legal title.

Any reorganized school district constituted and established under this chapter shall have, subject to the laws of this State, the power to purchase, receive, take, lease or otherwise acquire, own, hold, improve and otherwise use real or personal property, or any interest therein and to sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its property or any interest therein. Legal title to property, real and personal, of a reorganized school district shall be held in the name of the reorganized school district.

Del. Code tit. 14, § 1024 Fiscal year.

The fiscal year in each reorganized school district shall begin on July 1 and end on June 30 of the succeeding year.

Del. Code tit. 14, § 1025 Fixing doubtful or disputed boundaries of reorganized school districts.

(a) In case of doubt or controversy as to the correct location of the existing boundary or boundaries of any reorganized school district, the State Board of Education shall fix and establish the boundaries after examining the available records and after due hearing of the owners of the property that may be involved. This section applies where there is uncertainty as to the existing boundaries of a district. The power to change or alter deliberately the boundaries of a reorganized school district is governed by § 1026 of this title. (b) The State Board of Education shall make and preserve a record of its decisions fixing the boundaries of a reorganized school district in a special book to be kept by it for that purpose and shall file a copy of such record with the Board of Assessment of the county in which the property involved is located. (c) If the State Board of Education deems it necessary to employ technical assistance in fixing and establishing a doubtful or disputed boundary, it may pay the cost of such technical assistance out of any fund that it may have to its credit that is not specially designated for another purpose.

Del. Code tit. 14, § 1026 Changing boundaries; vocational-technical school districts; City of Wilmington.

(a) The State Board of Education may, in accordance with this section, change or alter the boundaries of any reorganized school district. (b) Before making changes in the boundaries of a reorganized school district, the State Board of Education must consult with the school boards of the districts affected by the proposed change. Thereafter, the State Board of Education must submit for approval or rejection the question of the change of boundary to the qualified voters of the district or districts affected at a special referendum to be held for that purpose, after 2 weeks’ notice of the referendum and proposed change has been posted at the school or schools of the district or districts affected. The referendum must be conducted in each district by the school board of the district. Any person who possesses the qualifications prescribed in § 1077 of this title may vote at the referendum. The question must be determined by a majority of the total vote cast in each district affected. Each school board must immediately certify to the State Board of Education the result of the referendum in the district. (c) Subject to subsection (a) of this section, the State Board of Education may change or alter the boundaries of any reorganized school district without a referendum of the voters if the written consent of the owners of the real property to be transferred has been obtained and if also the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration. (d) (1) Notwithstanding the provisions of subsections (b) and (c) of this section, the State Board of Education may change or alter the boundaries of school districts in New Castle County in a manner consistent with some or all of the redistricting recommendations made by the Redding Consortium for Educational Equity (“Consortium”), provided that the General Assembly passes, and the Governor signs, a Joint Resolution supporting the proposed changes in school district boundaries. (2) Prior to ordering a change or alteration of a school district boundary under this subsection, the State Board or the Consortium, shall conduct at least 1 public hearing in each of the school districts to be affected, including at least 2 in the City of Wilmington. (3) a. The State Board of Education shall make its decision and order to change or alter district boundaries under this subsection based on the recommendations of the Consortium as expressed in a transition, resource, and implementation plan for redistricting. The final recommendation and plan developed by the Consortium for presentation to the State Board of Education must include all of the following: 1. The orderly and minimally disruptive reassignment of students affected by the boundary change and the reassignment of governance responsibilities. 2. Implications for educators, administrators, and other personnel that may lead to equitable adjustments to local collective bargaining agreements. 3. Resources that will be required, from state, district, and local sources, to support the redistricting transition and provide for the effective ongoing education of all affected students, and for the support of schools with high concentrations of low income students and English learners. 4. Student transportation. 5. Distribution of capitalassets and financial obligations or a process for such distribution. 6. Engagement of educators, staff, parents, district personnel, and community members throughout the transition. 7. Directives for improving secondary education options for City of Wilmington students, such as the provision of additional secondary schools. 8. Redrawing of district boundaries in Wilmington and northern New Castle County to better serve the educational interests of all students, including reducing the concentration of low-income students and improving educational services and supports for English learners and other students at risk. 9. An assessment of the educational needs of City of Wilmington students and the resources required to meet those needs. 10. A stipulation that the funding statewide and locally will facilitate effective implementation of the proposed comprehensive plan in a manner that will improve the educational outcomes for all of the students impacted by that plan. 11. A timetable for implementing each element of the redistricting plan and the designated responsibility for carrying out responsibilities until the date of full implementation. 12. A process for the ongoing monitoring and evaluation of the educational impacts and outcomes of implementation, which will include an annual report by the Consortium to the Governor, the General Assembly, the Secretary of Education, and the State Board of Education. 13. The plan must permit students to continue their attendance at the school they attended prior to the boundary change with tuition payments made by the sending district as provided in Chapter 6 of this title until such time as the pupils complete the grade levels offered in that school. b. The Consortium’s final recommendation and plan may include all of the following: 1. Recommendations for changes in policies and practices that will improve the coordination and collaboration among districts and charter schools serving students in the City of Wilmington and New Castle County, including changes in the authorization of charter schools. 2. Recommendations for improvements to access to high-quality early education programs for all students in the areas impacted by the proposed change in district boundaries. 3. Recommendations for improvements of the provision and coordination of before and after-school services for students and families in the areas impacted by the proposed change in district boundaries. 4. Recommendations for policies and practices associated with student assignment and school choice. 5. Recommendations for addressing additional transportation costs generated by enabling students to complete their studies in schools attended prior to the boundary changes. 6. Recommendations for policies and practices for systematic reform to address the negative impacts of the Neighborhood Schools Act [subchapter II of Chapter 2 of this title]. c. The Consortium may submit 1 or more interim plans for action under this section, which may address redistricting to ensure that all school districts have contiguous geographical boundaries. d. All school districts, including the New Castle County Vocational-Technical School District, and all charter schools operating in the City of Wilmington and New Castle County must cooperate fully with the Consortium in the development of the redistricting plan, including the timely provision of student, financial, personnel, and facilities data as well as other operational data. e. A recommendation and plan of the Consortium must be reviewed and acted upon by the State Board of Education within 3 months of submission. (e) If the State Board of Education does not approve a plan as submitted by the Consortium, it must notify the Chairperson of the Consortium in writing, give reasons why the plan was not approved, and allow the Consortium to resubmit the plan within 30 days of the Chairperson receiving the notice of denial. (f) The State Board of Education must base its decision to change or alter school district boundaries on a record developed in compliance with state open meetings laws. (g) The authority of the Consortium and the State Board of Education to act under the provisions of this section shall continue until the confirmation of a final State Board of Education approved plan by the Governor and the General Assembly. (h) (1) Before the consideration of a Joint Resolution required under subsection (d) of this section by the General Assembly, the Controller General shall prepare a fiscal analysis of a redistricting plan approved by the State Board of Education under subsection (d) of this section (“the redistricting plan”). The fiscal analysis must do all of the following: a. Describe all requirements of and obligations assumed by the State or a school district redistricted under the redistricting plan and any other consequences of the redistricting plan that has a fiscal impact on the State or a school district redistricted under the redistricting plan for each fiscal year following the enactment of the Joint Resolution. b. Include full fiscal cost data estimates, including salaries, operating costs, other employment costs, capital outlays, and debt service that may be incurred under a redistricting plan. c. State how the fiscal cost data estimates were calculated, including what facts were used or assumption made to calculate the estimates. (2) On request by the Controller General, the Consortium, the State Board of Education, the Department of Education, the Office of Management and Budget, a school district redistricted under a redistricting plan, and any other state agency shall provide information and other assistance necessary to complete the fiscal projection required by this subsection. (i) After the enactment of a Joint Resolution required under subsection (d) of this section, the General Assembly shall, through the General Assembly’s budget process, determine the funding, if any, to be appropriated to provide resources needed for the implementation of a redistricting plan approved by a Joint Resolution, including any additional analysis, facility, and program requirements. (j) Notwithstanding subsection (b) of this section, the State Board of Education may change or alter the boundaries of any reorganized vocational-technical school district if the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration.

Del. Code tit. 14, § 1027 Consolidation of reorganized or vocational-technical school districts; referendum; qualified voters; list of taxable property; bonds of vocational-technical school districts; school boards of consolidated school districts.

(a) The State Board of Education may, when in its judgment it is practicable and desirable, consolidate 2 or more reorganized school districts which are contiguous, in accordance with this section. (b) In cases other than consolidation of reorganized vocational-technical school districts, the State Board of Education shall, by means of referendum conducted by the school board of the reorganized school districts affected, submit the question of consolidation to the voters of the reorganized school districts affected. The State Board of Education shall specify in advance the effective date of consolidation. The question of consolidation shall be determined by the majority of the total vote in each of the reorganized school districts affected, and the result shall be immediately certified to the State Board of Education in accordance with other provisions of this chapter. If approved by referendum in each of the reorganized school districts affected, the consolidated school district shall be constituted and established as of the effective date of consolidation. (c) In the case of any consolidation of reorganized vocational-technical school districts, the State Board of Education shall, provided the school boards of the vocational-technical districts affected by such consolidation have adopted resolutions favoring such consolidation, constitute and establish such consolidated vocational-technical school district as of the effective date of consolidation. (d) If consolidation is by referendum, the State Board of Education shall post a notice of the proposed referendum for consolidation at the school or schools in the reorganized districts affected and in at least 10 other prominent and conspicuous places in each of the reorganized districts affected at least 20 days prior to the date of the referendum. The notice of referendum shall distinctly state the following: (1) That in case the consolidation is effected, the obligations evidenced by bonds of each of the consolidating districts shall become the common obligation of all of the residents of the consolidated district and the principal and interest on the outstanding bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated district; (2) That the rate of tax for current expenditures not including Division III in the consolidated district shall not be in excess of the highest rate that was authorized in any of the reorganized school districts to be consolidated, without a new referendum to authorize such taxation; (3) That, in the event of consolidation, all obligations evidenced by bonds issued by the consolidated district after consolidation shall become the common obligation of the residents of the consolidated district. (e) If consolidation is by referendum, every person qualified to vote under § 1077 of this title may vote, and §§ 1078, 1079 and 1085 of this title shall apply to such referendums. (f) If consolidation is by referendum, the school board for the consolidated school district shall be responsible for preparing and maintaining the list of taxable property and capitations for each of the respective school districts in accordance with paragraph (d)(1) of this section, as each was constituted prior to consolidation and at the time the obligations evidenced by bonds were issued and shall continue to levy the taxes to pay for the principal and interest on the bonded indebtedness of each such school district, and the receiver of taxes and county treasurer or their successors shall deposit such tax moneys in the approved manner provided elsewhere in this title for the account of the consolidated district. The school board of the consolidated district shall keep such records and accounts as are necessary showing the receipts from such taxes and payments made on bonded indebtedness of each such school district as was constituted prior to consolidation. (g) In the case of any consolidation of reorganized vocational-technical school districts where any of the school districts so consolidating have outstanding obligations evidenced by bonds, such obligations after consolidation shall become the common obligation of all the residents of the consolidated vocational-technical school district and the principal and interest on the bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated vocational-technical school district. (h) All property, real and personal, of the school districts consolidating shall upon consolidation become the property of, and vest by operation of law in, the consolidated school district, and all indebtedness and obligations of the districts consolidating shall become the indebtedness and obligations of the consolidated district. The rights of any bondholders shall not be impaired by reason of anything contained in this section. (i) The school board of any school district consolidated under this section shall be created and constituted in accordance with § 1065 of this title. (j) Any consolidated school district created under this section shall be operated and maintained as other school districts reorganized under this chapter and all laws in this State relating to school districts reorganized under this section shall apply to such consolidated school districts. (k) This section shall apply only with respect to reorganized school districts constituted and established in accordance with this chapter and shall not be deemed to alter or affect in any way former § 1108 of this title with respect to school districts consolidating on or before June 30, 1969.

Del. Code tit. 14, § 1028 Division of reorganized school districts; names; bonded indebtedness; levy of taxes without referendum; real property; personal property; school boards; school districts conducted and maintained as other reorganized school districts; applicability of section; division of school districts created by federal court orders.

(a) A reorganized school district may be divided by the State Board of Education into 2 or more school districts in accordance with this section. (b) A division, except in the case of the division of a reorganized vocational-technical school district, shall be by referendum, which referendum shall be conducted in the same manner as a referendum for the consolidation of reorganized school districts under § 1026 of this title. If division is by referendum, the question of division shall be determined by a majority of the total vote of the reorganized school district to be divided. A division of a reorganized vocational-technical school district shall be by resolution of the State Board of Education, and by resolution of the board of the reorganized vocational-technical school district affected. In the case of any division of any reorganized school district, the State Board of Education shall specify in advance the effective date of the division. (c) One of the school districts resulting from a division shall retain the name of the reorganized school district being divided, unless otherwise specified by the State Board of Education. The school board of the reorganized school district being divided shall specify in advance and with the approval of the State Board of Education the proposed names for the school districts resulting from any division and the boundaries of the school districts so named. If division is by referendum, the proposed names and the boundaries of the school districts so named shall be distinctly stated in the notice of referendum. (d) In the event any reorganized school district has, at the time of division, any outstanding obligations evidenced by bonds or bond obligations resulting from a division in a previous high school district, such obligations shall remain the obligations of the residents of the school district then obligated upon such bonds to pay the principal and interest when due until paid according to the original authorization with respect to principal and interest. The rights of any bondholder shall not be impaired by reason of a division of any reorganized school district. If division is by referendum, the notice of the referendum shall distinctly state the provisions of this subsection. (e) Each school district resulting from a division of a reorganized school district shall levy taxes sufficient: (1) To maintain the level of current expenditures including Division III as established in the divided reorganized school district; and (2) To provide for payment of principal and interest on any bonded indebtedness as provided in this section. Such taxes shall be levied by the school boards of the school districts resulting from any such division without a further referendum. If division is by referendum, the notice of referendum shall distinctly state the provisions of this subsection. (f) All real property of the divided reorganized school district shall, by operation of law, become vested in the respective school district resulting from such division in which such real property is located. (g) All personal property of the divided reorganized school district shall be apportioned between or among the school districts resulting from such division upon the basis of enrollments in such resulting school districts as of September 30, immediately preceding the division. In the event the school boards of the resulting school districts cannot agree as to such apportionment, the State Board of Education shall make the apportionment which shall be final. (h) School boards for school districts resulting from any division under this section shall be created and constituted in accordance with § 1066 of this title. (i) All school districts resulting from any division under this section shall be operated and maintained as other school districts reorganized under this chapter, and all laws in this State relating to school districts reorganized under this chapter generally and not inconsistent with this section shall apply to such school districts resulting from such division. (j) This section shall apply only with respect to a division of a reorganized school district constituted and established in accordance with this chapter. (k) During the period January 1, 1980, through August 31, 1981, the State Board of Education may divide any school district created by order of a federal court pursuant to this section; provided, however, that: (1) The requirement of referendum included in subsection (b) of this section, the requirement of taxation of subsection (e) of this section and the statutory restriction of subsection (j) of this section shall not be applicable; (2) The requirements of subsection (d) of this section shall be met by funds available pursuant to § 1057(b) of this title and by taxes collected by the county taxing authorities, which taxes shall be collected uniformly throughout the entire area being divided; (3) The area being divided shall be permanently constituted as a school tax district as defined in § 1925 of this title; (4) The rates for school taxes for current operating expenses and debt service on obligations evidenced by: a. Bonds of the district being divided authorized prior to the division; b. Bonds of the district being divided; and c. Bonds of any former school district located in the geographical area of the district being divided which are levied in the school tax district shall be established and set according to § 1925 of this title; (5) Obligations evidenced by bonds authorized prior to the division herein authorized shall be paid by the county taxing authorities from debt service taxes collected in the school tax district; (6) Taxes collected in the school tax district for current operating expenses shall be distributed each year in a uniform manner, on a per unit basis according to units certified by the State Board of Education for the previous fiscal year, by the county taxing authorities, to the districts formed by the division; (7) No tax funds herein authorized shall be distributed to a separate vocational-technical school district; (8) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such a division from levying and collecting taxes for any purpose within the new district when such rates are set according to Chapter 19 of this title requiring a referendum of the qualified voters in the district; (9) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such division from issuing bonds and levying and collecting taxes to provide funds for the payment of interest and annual payments on such bonds, in accordance with Chapter 21 of this title; (10) Any school district created as a result of such division may each fiscal year determine and set tax rates for tuition and for minor capital improvements for the next fiscal year; (11) A change in tax rates by a single district shall not alter the rate set in accordance with § 1925 of this title for the school tax district; (12) The boundaries of school districts divided according to this subsection shall be established in accordance with § 1066A of this title. (13) The boards of education of school districts resulting from the division authorized by this subsection shall be established in accordance with § 1066 of this title. ( l ) If the division of a school district is carried out under subsection (k) of this section, then the following provisions shall apply: (1) Any outstanding obligations of the school district for current operating expenses, on the effective date of the division, shall become the joint obligation of the newly created districts. Each new district shall be responsible for a portion of the total outstanding obligation; the liability of each new district shall be in the same proportion to the total liability of the district being divided as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (2) Balances in the local current expense account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (3) Balances in the local tuition account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in the schools located in the area encompassed in the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (4) Balances in the local debt service account of the reorganized school district, on the effective date of the division, shall be retained in the debt service account of the school tax district. These funds shall be used to meet bond obligations which are due after the effective date of the division; (5) Balances in the local minor capital improvement accounts of the district being divided, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the projects for which they were intended at the time of the division, as determined by the State Board of Education; (6) Balances in the annual maintenance accounts of the reorganized district, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the maintenance for which they were intended at the time of the division, as determined by the State Board of Education.

Del. Code tit. 14, § 1029 Vocational-technical school districts; school boards.

(a) Vocational-technical school districts superimposed on other reorganized school districts shall be operated and maintained as other reorganized school districts under the control of the State through its Department of Education as provided in this Code. (b) In each reorganized vocational-technical school district there shall be a vocational-technical school board which shall have the authority to administer and to supervise all the vocational-technical centers or schools of the vocational-technical school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the vocational-technical centers or schools of the reorganized vocational-technical school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State through its Department of Education as provided in this Code. All vocational-technical centers or schools shall come within the authority of the vocational-technical school board in the county in which they are located.

Del. Code tit. 14, § 1041 Definitions.

As used in this subchapter: (1) “Inhabitant” means a person who both claims legal residence and physically resides in a designated area or school district. (2) “Reorganized school district” means a school district constituted and established under this chapter whether by reorganization, consolidation or division. (3) “School board” means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division. (4) “School board member” means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter.

Del. Code tit. 14, § 1042 School boards to which this subchapter applies.

This subchapter applies to school boards of all reorganized school districts in this State, except where otherwise provided in this subchapter.

Del. Code tit. 14, § 1043 Authority.

In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State.

Del. Code tit. 14, § 1044 Designation of official office.

The official office of the school board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise adequately provided for and publicly advertised.

Del. Code tit. 14, § 1045 Annual meeting; election of officers.

(a) Each school board shall hold an annual meeting at its office in July of each year. (b) At each annual meeting the school board shall elect 1 of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in the president’s stead. (c) At each annual meeting, the school board shall designate the chief school officer or superintendent as the executive secretary of the school board.

Del. Code tit. 14, § 1046 Compensation of school board members.

A school board member shall receive no compensation for that member’s services.

Del. Code tit. 14, § 1047 Treasurer.

The State Treasurer shall serve as treasurer of each reorganized school district in the State and shall receive all moneys to which the reorganized school districts are entitled by law and all those moneys collected for school purposes by the receiver of taxes and county treasurer or their successors of each county, who shall deposit all such moneys in the legal depository for State moneys in the custody of the State Treasurer. Where any provision of this section is inconsistent with Chapter 92, Volume 23, Laws of Delaware, as amended, relating to the school district of the City of Wilmington and the Board of Public Education in Wilmington, Chapter 92, Volume 23, Laws of Delaware, as amended, shall control.

Del. Code tit. 14, § 1048 Regular and special meetings; quorum; roll call vote.

(a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board. (b) Special meetings of the school board may be held whenever the duties and business of the school board may require. (c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of a majority of the members of the board. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board. (d) A roll call vote of all board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote shall then be so recorded and considered a matter of public record. (e) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment. For purposes of this subsection, “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session. (f) A method for the public to remotely attend and provide public comment at school board meetings must be provided. (g) (1) If a school board allows school board members to attend regular or special meetings remotely by electronic means, then all of the following must be permitted reasons for remote attendance: a. Illness of the school board member. b. Illness of an individual in the school board member’s family where that individual requires caretaking. c. A public health emergency. d. Pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner. e. Military deployment of the school board member. (2) a. A school board may impose limitations on the number of times a school board member may be permitted to attend remotely under paragraph (g)(1) of this section. b. A school board may not expand the permissible reasons for a board member to attend remotely beyond those enumerated under paragraph (g)(1) of this section. (3) A school board member attending remotely under paragraph (g)(1) of this section is counted as though physically present for purposes of quorum and voting. (4) The means used to facilitate remote attendance under this subsection must allow all participating members and witnesses to simultaneously hear the comments of each member or witness.

Del. Code tit. 14, § 1049 Policy making.

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

Del. Code tit. 14, § 1049A Waiver of local regulations.

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

Del. Code tit. 14, § 1049B School board training.

(a) (1) In order to best understand the educational and legal issues involved in special education due process hearings, each school board member must complete training at the beginning of that member’s term on a school board concerning special education due process hearings. (2) In order to understand and fulfill the requirements of office, each school board member must complete training on all of the following at the beginning of that member’s term on a school board: a. Requirements for school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29. b. Best practices regarding the conduct of meetings, including the use of rules of order. c. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29. (b) (1) The Department of Education (Department) shall establish through regulations, the criteria, material, and method of the training required under paragraph (a)(1) of this section. The delivery of the training may be delegated to or purchased from another entity. (2) a. The Department must identify trainings on the topics required under paragraph (a)(2) of this section. b. Each school district is responsible for offering the trainings required under paragraph (a)(2) of this section to school board members. The delivery of the training may be delegated to or purchased from another entity. (3) The training required under subsection (a) of this section must be offered virtually at least twice a year. (c) The president of a school board shall inform each newly-elected or appointed member of the school board of the obligation to complete training under subsection (a) of this section. By January 15 each year, the president of a school board shall send a letter to any board member who has not completed the training required under subsection (a) of this section by January 1 following the board member’s election or appointment. (d) The training and notices required under this section may be combined with the training and notices required for financial responsibility training under § 1803 of this title.

Del. Code tit. 14, § 1050 Annual report.

On or before August 15 of each year, the school board of each reorganized school district shall file with the Department of Education a district report as required by § 124A of this title. Such district report shall be a public document and be made available to the citizens of the school district. Each school district is also encouraged to include in such report such additional information as it believes will help its citizens better understand the current conditions, accomplishments, and policies of the school district, as well as the expenditures, revenues and business and financial transactions of the school district for the prior fiscal year, and the need for the improvement and advancement of the schools within the school district.

Del. Code tit. 14, § 1051 Election of school board members; exceptions.

(a) School board members shall be elected by the qualified voters of the respective reorganized school districts, except as may otherwise be provided by §§ 1061, 1062 [repealed], 1063 [repealed], 1064, 1065 and 1066 of this title. (b) No person shall be elected or serve as a school board member who holds a paid position which is subject to the rules and regulations of such school board.

Del. Code tit. 14, § 1052 Number; qualifications of members; election of members; term of members [For application of this section, see 83 Del. Laws, c. 251, § 7].

(a) Unless otherwise provided in this chapter, each school board is composed of 5 members. (b) Each member must be a citizen of the State and inhabitant of the school district in which elected or appointed and must be qualified to vote at a school election in that district at the time of such election or appointment. (c) Unless otherwise provided in this chapter, 1 school board member is elected each year except where an unexpired term of a former member is also to be filled or the terms of 2 school board members expire the same year. (d) Unless otherwise provided in this chapter, each school board member is elected for a term of 4 years commencing on July 1 following the member’s election, except when such election is to fill an unexpired term. (e) (1) If a school board member is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges. a. If the charges under § 209(a) of this title that are the basis of the suspension under this paragraph (e)(1) are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a school board member. b. If a school board member who is suspended under this paragraph (e)(1) is convicted or pleads guilty or nolo contendere of a crime under § 209(a) of this title that is the basis of the suspension, the suspended school board member ceases to be a member of the school board. (2) If a school board member is suspended under paragraph (e)(1) of this section, the school board member’s seat is treated as vacant and may be filled, at the discretion of the school board, under § 1054 of this title until 1 of the following occur: a. The suspended school board member resigns. b. The suspended school board member’s term expires. c. The suspended school board member returns to service under paragraph (e)(1)a. of this section. d. The suspended school board member ceases to be a member of the school board under paragraph (e)(1)b. of this section. (f) (1) A school board member who is suspended or removed under paragraph (e)(1) of this section may mail or deliver a written request for a hearing to the school district superintendent within 20 days of the suspension or removal. (2) A hearing under paragraph (f)(1) of this section is for the limited purpose of determining if the school board member was charged, convicted, or pleaded guilty or nolo contendere to a crime under § 209(a) of this title and the burden of proof is on the school board member who requested the hearing. (3) A hearing under paragraph (f)(1) of this section is conducted by a hearing panel selected by the Commissioner of Elections as follows: a. The Delaware School Board Association must provide names of 3 or more school board members from different school districts in each county for the hearing panel. b. The Commissioner of Elections must select the members of the hearing panel from the list provided under paragraph (f)(3)a. of this section and must select 1 member from a school district in each county. c. A member of the hearing panel may not be a member of the same school board as the school board member that requested the hearing under paragraph (f)(1) of this section. (4) A decision made by the hearing panel under paragraph (f)(3) of this section is final, unless a party to the hearing files a civil action in the Superior Court within 30 days of the date of the decision. In an action under this subsection, the complaining party has the burden of proving that the hearing panel’s decision under paragraph (f)(2) of this section was not supported by substantial evidence on the record.

Del. Code tit. 14, § 1053 Oath of office of the school board member.

(a) Each school board member shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Delaware, and the laws of Delaware governing public education, and that I will faithfully discharge the duties of the office of school board member according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm).” (b) The oath or affirmation shall be administered by the president or vice-president of the school board of the school district or in the case of a newly constituted board by a person appointed by the Secretary of Education to administer said oath.

Del. Code tit. 14, § 1054 Vacancy on school board.

(a) (1) a. Except as otherwise provided in this subsection, if a school board member ceases to be an inhabitant of the reorganized school district, that member shall cease to be a member of its school board. For purposes of this subsection, a school board member who is not physically present in the school board member’s district for more than 75% of the days in any consecutive year-long period of the school board member’s term is no longer an inhabitant of the district. b. A school board member whose absence from the district is attributable to deployment in military service is still considered physically present in the district during any period of deployment for purposes of a calculation under paragraph (a)(1)a. of this section. c. A school board member whose absence from the district is due to an event that can neither be anticipated nor controlled is not considered absent during such time for purposes of a calculation under paragraph (a)(1)a. of this section. (2) If a resident of a reorganized school district has good cause to believe that a school board member has ceased to be an inhabitant of a reorganized district during that school board member’s term, but the school board has not declared a vacancy, the resident may bring an action in the Superior Court to have the school board member’s seat declared vacant. (3) If the Court issues an order declaring the school board member is no longer an inhabitant of the reorganized school district and declaring the school board member’s seat vacant, that member shall cease to be a member of its school board. The remaining school board members shall then proceed under subsection (b) of this section. (b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below: (1) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than 5 business days following the vacancy. (2) A person appointed to fill a vacant seat must meet the qualifications to be elected to that seat, including the completion of a background check as required under § 209 of this title. The Commissioner of Elections must make a determination that an individual seeking appointment is qualified under §§ 209 and 1052 of this title before the individual may be appointed. (3) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district. (4) When a vacancy occurs on a School Board after the second Friday in February of a fiscal year and on or before the filing deadline established in § 1075(a) of this title, the Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline shall be the first business day following that Saturday, Sunday or state holiday. (c) In the event that a majority of or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Candidate filings and elections held or appointments made pursuant to this section shall be held or made in accordance with this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members. (d) In the event of vacancies under this section which are to be filled at the next regular school board election, candidates shall file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title.

Del. Code tit. 14, § 1055 Maintenance of school property.

The school board of each reorganized school district shall provide for the care of the buildings, grounds, equipment, apparatus and other school property and shall maintain the same in accordance with the standards adopted by the Department. The school board shall make all repairs to school property, purchase all necessary furniture and provide for adequate heating and proper ventilation of the buildings.

Del. Code tit. 14, § 1056 School property; use, control and management.

(a) As used in this section: (1) “School equipment” as used in this section shall be deemed to mean, and to include, but not be limited to: kitchen equipment, projection equipment, office machines, laboratory equipment, industrial arts equipment, art equipment, home economics equipment, playground equipment, pools and scoreboards. (2) “School property or school facilities” means buildings and land. (b) All property, estate, effects, money, funds, claims and state donations vested by law in the public school authorities of any public school district prior to June 3, 1968, for the benefit of the public schools of such district, shall be under the control, management and custody of the school board of such district subject to § 1047 of this title. Any real and personal estate granted, conveyed, devised or bequeathed, or which may hereafter be granted, conveyed, devised or bequeathed on or after June 3, 1968, for the use of any public school district, shall be held in trust by the school board for the benefit of the public schools of the respective district. Such grants, bequests or money invested in trust for the use of any public school district shall be exempt from all state, county and local taxes. (c) The control, management and custody of school property and school equipment in all public school districts shall be subject to the laws of this State, the rules and regulations of the Department of Education and the rules and regulations of the school boards of the respective school districts. Each school board shall adopt a set of rules and regulations governing the use of school property and school equipment within the respective district subject to the provisions hereinafter set forth. (d) The primary purpose for the use of school property is the education of children and youth. The use of such property for purposes other than the primary purpose shall not be permitted whenever such use would interfere with the primary purpose. Any scheduled public school activity, whether taking place during the school day or otherwise, shall have precedence over any other activity for the use of such property. However, in order to encourage the citizens of any community to participate in worthwhile community activities, a school board shall consider any written request by 10 citizens of the respective district, or a recognized community organization, for the use of school property in such district for purposes other than the primary purpose. The decision of such school board regarding the granting of such requests shall be based upon a consideration of the following conditions, paragraphs (d)(1) through (3) of this section, listed in order of importance: (1) The facility requested for use has not been scheduled for use at the time requested; (2) The use of the facility requested will be beneficial to children and youth and consistent with the program of education of the school district; (3) The use of the facility requested will serve a purpose that is educational, cultural, civic, political or recreational; (e) A local school board may permit the use of school property or school equipment under its jurisdiction free of charge for any school-sponsored organization, such as parent teacher organizations, as well as specified nonprofit organizations (including any youth group designated in Title 36 of the United States Code as a patriotic society). A local school board may also permit the use of school property or school equipment under its jurisdiction free of charge for any specified governmental agency. In order to be eligible to use school property and school equipment free of charge, a school-sponsored organization, a specified nonprofit organization or a specified governmental agency must be individually designated and approved by the local school board and must comply with all other building use policies approved by the local school board. A local school board may, however, adopt a policy charging school-sponsored organizations, nonprofit organizations and governmental agencies for costs incurred in excess of normal operations. Other organizations, including for-profit organizations, which receive approval to use school property and/or school equipment, shall be charged an amount at least equal to the costs incurred in excess of normal operations. Such costs shall be determined by the local school board, and shall include custodial salaries, other employment costs, heat, lighting and other identifiable operational costs. It shall be the local school board’s responsibility to calculate these costs so that all excess costs are recovered and to maintain appropriate documentation of such calculations, which shall be subject to audit. Any fee schedule developed by the local school board shall be in accordance with the provisions of this title and Title 29. All such fees collected by a local school board shall be retained by the school district to be used as local funds for any permissible educational purpose. (f) Any school board may refuse to permit the use of any school property under its jurisdiction for any purpose which, in its discretion, would tend to interfere with the program of the public schools or would not be in harmony with the purposes of public education in such matters as character building, the development of unprejudiced social attitudes and the training of pupils for responsible citizenship. Any dispute which may arise because of the refusal of any school board to permit the use of any school property under its jurisdiction to any organization or group of citizens shall be reviewed by appeal, in writing, to the State Board of Education. (g) Any group of citizens permitted to use school property shall be responsible for any damages done to such property over and above the ordinary wear. The extent of such damage shall be determined by the school board having control over such property. (h) Any school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property. (i) All public schools receiving an appropriation of state funds shall be governed by this section as a condition for the receipt of such state funds.

Del. Code tit. 14, § 1057 Sale or lease of property; disposition of proceeds.

(a) When any real property, title to which is held by a reorganized school district, is no longer needed for school purposes, it may be sold by the school district subject to the following: (1) The board of education of the school district shall receive documented recommendations from the superintendent of schools of the district showing why the property is no longer needed for school district purposes; (2) The board shall take action to consider such recommendations; (3) The board shall release the recommendations for public review and shall announce by 10 days’ notice in a news release to print and electronic media covering the district the time and place of a public hearing on the recommendation to dispose of the property in question; (4) The board shall conduct the public hearing as announced; (5) The board shall within 60 days of said hearing take action to accept, reject or modify the recommendation and proceed according to the terms of the recommendation in its current status. If the recommendation was rejected, no further action is required pending any future recommendation; (6) Except for property acquired or constructed with 100% state funds upon affirmative decision to sell a property the board shall retain the services of 1 or more licensed real estate brokers or realtors who are not associated with any member of the board of education of that district and who shall determine a minimum price at which the property is to be offered for sale. In the event the property was acquired or constructed with 100% state funding, then this paragraph shall not apply; (7) The property for sale shall be offered to other state agencies at the price determined in paragraph (6) of this subsection. Such offer to other state agencies shall be made through the Director of the Office of Management and Budget who shall in turn confer with the Department of Education. Together, they shall approve a purchase or release the district to proceed with another sale within 30 days of the offer by the board of education to the Director of the Office of Management and Budget; (8) A state agency may negotiate to the extent feasible and practical to assume the state share in such property by transfer of the debt service obligation to the account of that agency without payment of cash for that share of the price set; (9) If no other agency of state government declares its intent to purchase the property, the Board of Education shall proceed to offer said property to the local government in whose jurisdiction the property is located. Such an offer shall be made to the chief elected official of that local government. If the offer is not accepted within 30 days, the Board may proceed to sell the property on the open market; (10) A public hearing for the sale of the property on the open market must be advertised at least once a week for 2 consecutive weeks in a newspaper published or circulated in each county of the State. Any proposal to purchase the property shall be delivered to the office of the Executive Secretary of the Board, or to such other place as shall be specified in the advertisement, no later than 5:00 p.m. on the last working day preceding the day fixed for the hearing, and the Board shall not consider any proposal submitted subsequent to that time. The Board shall act upon the proposals no sooner than 7 days and no more than 14 days following the hearing, during which period residents of the district may review the proposals at the office of the district during regular business hours and submit comments on the proposals. The Board shall consider such comments in acting upon the proposals. In its discretion, the Board may reject all proposals or accept a proposal subject to such modifications, except as to price, as the Board determines are appropriate; (11) A sale on the open market may be conducted by the board and administrative staff of the district or through a licensed realtor or agency who is not associated with the appraiser or any member of the board of education of that district. Any final contract for such sale shall be approved within a period of 60 days by the Director of the Office of Management and Budget, who shall confer with the Department of Education. Approval will not be withheld unless the contract is found by the Director to be unreasonable, in which event the Director shall disapprove the sale and make specific written findings for such disapproval; (12) When an offer to purchase the property at a price not less than fixed pursuant to paragraph (6) of this subsection is accepted by the board, the Facilities Management of the Office of Management and Budget shall direct that an appraisal be prepared by 2 independent appraisers licensed in Delaware who are from different firms. The amount of this confirmatory appraisal will be the average of the 2 appraisals. Any offer to purchase the property, including offers from state agencies or local governments, at a price not less than that fixed pursuant to paragraph (a)(6) of this section may be accepted by the board provided that the purchase price specified in the offer is either not less than the amount established by the confirmatory appraisal or is amended to increase to the amount established by the confirmatory appraisal; (13) The rights of bond holders shall not be jeopardized through such sale. This section shall be construed so as not to impair the rights of any bondholder, and all bonds outstanding shall remain in full force and effect according to the terms thereof; (14) No sales agreement shall be entered into until it can be demonstrated that the purchaser of the property will use the property for purposes authorized according to the zoning requirements, if any, for the area in which the property is located. If any modification of zoning requirements is necessary, those modifications must be certified to by the appropriate zoning authority prior to the conclusion of the sale; (15) a. The proceeds of sale of school district property financed, in whole or in part, with the proceeds of bonds issued by the State shall be paid to the State less costs incurred in selling the property after such costs have been met or provision for their payment has been made. The proceeds of sale attributable to the State financing of the property shall be deposited in the School Bond Reversion Account of the State in an amount that bears the same proportion to total net sale proceeds as the State’s contribution to meet the cost of the property bears to the total cost of the property. b. The remaining proceeds shall be deposited in a special fund of the State for the benefit of the selling school district. The money in those special funds shall be invested by and subject to the guidelines established by the Cash Management Policy Board separate and apart from other money invested by the Board. Interest earned, but not profit realized, from the investment of such proceeds shall be paid by the State Treasurer, not less than once nor more than 4 times in each fiscal year of the State, to the school district for which the proceeds are held, for any lawful school purpose, or reinvested pursuant to a written request to the State Treasurer from the school board for such school district. If the school board directs the reinvestment of the interest earnings, they shall become part of the corpus of such special fund. c. The corpus of the special funds shall, at the direction of the appropriate school board, be applied to retire bonds issued by the school district or to meet the school district’s local share of construction required by any school construction bond authorization act, as defined in Chapter 75 of Title 29, as amended. d. Notwithstanding any other provisions of the above subparagraphs, when it can be documented that all or a part of the property was a gift to a reorganized school district, or its antecedent, the portion of the residual representing the gift shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. That portion not identifiable as a gift shall be distributed and deposited in conformance with paragraphs (a)(15)a. and b. of this section. (b) (1) Notwithstanding § 1056 of this title, when any real property or part thereof of any reorganized school district is not then deemed necessary for school purposes, temporarily or permanently, the board of education of the district may lease such property or part thereof to any person or organization. The leasing person or organization may be required to pay a rental or fee to be determined by the board and to assume sole responsibility for the complete maintenance and preservation of the property, including compliance with all applicable building and housing codes, so that there will be no cost or obligation to the school district for the continued ownership of such property. (2) a. Any funds raised from rent or charges collected by the school district during any lease term of 10 years or less shall be retained by the school district to be used as local funds for any permissible educational purpose. Any funds raised from rent or charges collected by the school district during any lease term of more than 10 years shall be applied to the costs of maintaining and operating the leased property, if any, with the balance to be turned over to the State Treasurer to be assigned to the State and the school district according to paragraph (a)(15) of this section. b. Notwithstanding paragraph (b)(2)a. of this section, in the event that there is any outstanding, unpaid, bonded indebtedness held by the State with respect to the building or grounds leased by a local district in accordance with this section, or any identifiable portion thereof, a prorated portion of the lease proceeds in excess of the cost of custodial salaries and utilities associated with the lease shall be turned over to the State Treasurer during any period of the lease that the bonded indebtedness held by the State remains outstanding and unpaid. The amount of such excess lease revenues payable to the State shall be equal to the lesser of: 1. The actual debt service payable by the State during any period covered by the lease; or 2. The amount of the excess revenues generated by the lease during any period that the bonded indebtedness held by the State remains outstanding and unpaid, multiplied by a fraction equal to the State share in the major capital project or projects for which the outstanding, unpaid, bonded indebtedness was originally issued. In the event that the outstanding, unpaid, bonded indebtedness relates only to an identifiable portion of the leased facility, the amount payable to the State Treasurer shall be the amount calculated in accordance with the preceding sentence, multiplied by a fraction, the numerator of which shall be the gross square footage of the identifiable portion of the leased facility which is included in the lease and the denominator of which shall be the gross square footage of the entire identifiable portion of the leased facility to which the outstanding, unpaid, bonded indebtedness relates. (3) Before leasing such property or part thereof to any person or organization for any period in excess of 12 months, and before renewing any existing lease where the original term was for 12 months or less but the original term or terms together with the proposed renewal period or periods will exceed 12 months: a. The school district board of education shall first offer to lease the property to state agencies. If, as a result of the public hearing, sufficient objections to the use of the property by a state agency have been raised, then the school district board of education may refuse to lease to a state agency. b. If no agency of state government declares an intent to lease the property within 30 days of the offer, or if the lease by a requesting state agency is denied, the school district board of education shall offer to lease the property to the local government in whose jurisdiction the property is located. If, as a result of the public hearing, sufficient objections to the use of the property by the local government have been raised, then the school district board of education may refuse to lease to the local government. c. If such local government does not declare an intent to lease the property within 30 days of the offer, or if the lease by a requesting local government is denied, the school district board of education may proceed either to offer to lease the property on the open market or enter into an agreement with a lessee, the terms of which are supported by an independent appraisal. If, as a result of the public hearing, sufficient objections to the use of the property by such third-party lessee have been raised, then the school district board of education may refuse leasing to such third party lessee. (4) No lease of property pursuant to this subsection shall be negotiated until the school district board of education has complied with the procedures set forth in paragraphs (a)(1) through (5) of this section. (5) No lease of property pursuant to this subsection shall be entered into unless the proposed use of the property is compatible with the characteristics of the neighborhood in which the property is located. (6) Should a school district contract with any person or organization to lease a classroom building during the regular school year, and specifically during normal operating hours, the State shall not be obligated to build or construct any additional space that may be needed by the school district as a result of entering into such lease. (c) No sales agreement, lease or donation of real property described within this section shall be negotiated when such property contains or is an integral part of recreational facilities, such as athletic fields or playgrounds, unless and until the board has made specific findings with respect to such facilities after discussion thereof in public forum as described in paragraph (a)(3) of this section. In the event the property was acquired or constructed with 100% state funding, then this subsection shall not apply. Assignment of funds to bond payment shall occur according to the priority schedule in paragraph (a)(15) of this section. (d) Any purchases, leases or donations not finalized as of April 8, 1982, shall be subject to all the terms and conditions described herein. (e) Notwithstanding any provision of subsection (a), (b), (c) or (d) of this section, any real property: (1) To which title is held by a reorganized school district free of any recorded liens; (2) Which was originally purchased and paid for by 100% local district funds; (3) Which is no longer needed for school purposes; and (4) From the sale of which all proceeds would be retained by the local school district may be sold by the district without first following the procedures set forth in subsection (a), (b), (c) or (d) of this section. (f) Notwithstanding any provisions of subsection (a), (b), (c), (d) or (e) of this section, a school district may sell timber located on the real property of the school upon an affirmative vote of a majority of the members of the Board. Sixty percent of the net proceeds (after the expenses relating to the sale and any replanting of trees determined appropriate by the Board) from the sale shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. The balance of the proceeds may be utilized by the Board as part of their general fund. (g) Notwithstanding any provision of § 1056 of this title or subsection (b) of this section, when any real property or part thereof any reorganized school district is not then deemed necessary for school purposes, the board of education of the district may lease such property or part thereof to any person or organization for agricultural use. Such a lease may be in excess of 12 months without requiring the district to first offer to lease the property to State agencies, the local government in whose jurisdiction the property is located, or on the open market. The person or organization leasing such property for agricultural purposes shall be required to pay fair rental value of the property. Any funds raised by the school district for such purpose shall be retained by the school district to be used as local funds for any permissible educational purpose.

Del. Code tit. 14, § 1058 Controversies concerning rules and regulations of the school board.

The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board’s decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.

Del. Code tit. 14, § 1059 Hearings.

A school board may administer and examine persons under oath in any part of the reorganized school district.

Del. Code tit. 14, § 1060 False testimony is perjury.

Whoever, being a witness in any matter pertaining to the public schools of the reorganized school district and having been duly sworn or affirmed by the school board to tell the truth, wilfully gives false testimony is guilty of false swearing and shall be punished as perjury is punished.

Del. Code tit. 14, § 1061 School boards upon reorganization.

Previously elected or appointed school board members of component former school districts and all members of the board of a subdivided high school district board who reside within the reorganized school district, including those members elected at the regular election in May 1969, shall continue to serve out their respective terms on the school board of the reorganized school district constituted and established on July 1, 1969, notwithstanding any other provisions of this title to the contrary, except that in the case where a reorganized school district is composed of 1 or more non-1-through-12 grade component former school districts and 1 or more component former school districts previously providing grades 1 through 12, only the member elected in May 1969, in each of the non-1-through-12 grade districts will serve out that member’s term as an interim member of the school board of the reorganized school district along with all of the school board members of the previously 1-through-12 grade district or districts. Subsequent elections or appointments in the reorganized school districts shall be for 1 member at large in the reorganized school districts until the school board meets the criteria of this subchapter. If it becomes necessary to fill a vacancy for any reason other than the expiration of term, the new member must be selected from the residents of the previously existing school district and in accordance with § 1054 of this title.

Del. Code tit. 14, § 1062 §§ 1062, 1063. School board for the reorganized school district which includes the former school district of Alexis I. duPont Special School District; the Board of Public Education in Wilmington.

Repealed by 71 Del. Laws, c. 180, § 52A, effective July 31, 1997.

Del. Code tit. 14, § 1064 Reorganized vocational-technical school districts.

(a) The members of the school board of any reorganized vocational-technical school district shall be appointed by the Governor from the inhabitants of such district. The school board shall be composed of 7 members. Annually, the Governor shall appoint 1 member for the term of 7 years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in the office of any such member, caused by death, resignation, removal from the district or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be an inhabitant of the reorganized vocational-technical school district, or that member’s office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation. (b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least 7 school board members serving pursuant to § 1061 of this title, the Governor shall appoint such members as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation. (c) The terms of the school board members shall begin July 1 following their appointments and shall continue until their successors qualify. (d) (1) If a member of the school board of a reorganized vocation-technical school district is convicted or pleads guilty or nolo contendere to a crime under § 209(a) of this title, the Governor must remove the member. (2) a. If a member of the school board of a reorganized vocation-technical school district is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges. b. If the charges under § 209(a) of this title that are the basis of the suspension under paragraph (d)(2)a. of this section are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a member of the school board. (3) If a school board member is suspended under paragraph (d)(2)a. of this section, the school board member’s seat is treated as vacant for purposes of quorum until 1 of the following occur: a. The suspended school board member resigns. b. The suspended school board member’s term expires. c. The charges that are the basis for the suspension are resolved in favor of the suspended school board member. d. The suspended school board member ceases to be a member of the school board under paragraph (d)(1) of this section.

Del. Code tit. 14, § 1065 Dissolution of school boards upon consolidation of reorganized school districts; appointments by State Board of Education; members elected annually after consolidation; appointment by Governor [For application of this section, see 83 Del. Laws, c. 251, § 7].

(a) Upon the consolidation of reorganized school districts under § 1027 of this title, the school boards of such consolidating reorganized school districts shall be dissolved as of the effective date of consolidation. (b) Except as provided in subsection (c) of this section, the State Board of Education shall upon consolidation appoint 5 members of the previously existing school boards of the consolidating districts to the school board of the consolidated district and shall designate 1 member to serve for a term of 5 years, 4 years, 3 years, 2 years, and 1 year, respectively. The qualified voters of the consolidated district shall, at each annual election after consolidation, elect 1 member for a term of 4 years who shall serve from the July 1 next succeeding that member’s election and until that member’s successor qualifies. (c) In the case of any consolidation of vocational-technical school districts under § 1027 of this title, the Governor shall appoint 7 members of the previously existing school boards of the consolidating vocational-technical districts to the school board of the consolidated vocational-technical district and shall designate 1 member each to serve for a term of 7 years, 6 years, 5 years, 4 years, 3 years, 2 years and 1 year, respectively. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member’s appointment and until that member’s successor qualifies.

Del. Code tit. 14, § 1066 Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts [For application of this section, see 83 Del. Laws, c. 251, § 7].

(a) Upon the division of a reorganized school district into 2 or more school districts under § 1028 of this title, the school board of the divided reorganized school district shall be dissolved as of the effective date of division. (b) Any member of the previously existing school board, including a vocational-technical school board, shall continue to serve out the term for which that member was elected or appointed in the divided school district as a member of the school board of the school district resulting from such division in which that member resides. (c) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to 5 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 5 years. The qualified voters of any school district resulting from such division shall, at each annual election after division, elect 1 member for a term of 4 years who shall serve from the July 1 next succeeding that member’s election and until that member’s successor qualifies. (d) In the case of any division of a vocational-technical school district under § 1028 of this title, the Governor shall appoint such additional members of the school boards of the vocational-technical school districts resulting from such division as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member’s appointment and until that member’s successor qualifies.

Del. Code tit. 14, § 1066A Elections to the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District [For application of this section, see 83 Del. Laws, c. 251, § 7].

(a) Notwithstanding anything contained in this chapter to the contrary, members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District, and the Red Clay Consolidated School District shall be elected by the procedures described herein. Elections shall be conducted in accordance with §§ 1071-1086 of this title; provided, however, that: (1) The number of members for each of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 7. (2) The term of office for members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 4 years. All terms shall end on June 30 and the terms shall be staggered so that no more than 2 terms in any school district ends on any June 30. Any vacancy shall be filled for the remainder of the unexpired term in accordance with § 1054 of this title. (3) The Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District (the “districts”) each shall be divided into 7 nominating districts to be denominated districts A through G and to be denominated on the basis of their geographical proximity (i.e., district A shall be as contiguous as practicable with district B and so forth). (4) Candidates for the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall file for candidacy in accordance with § 1075 of this title, except that a candidate must be an inhabitant of the district for the seat that candidate seeks. (5) All members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be elected by the qualified voters of the respective districts. To vote in a district election, a voter must be qualified pursuant to § 1077 of this title. No voter may vote for more than 1 candidate. (b) The nominating districts shall be drawn by the State Election Commissioner, subject to the approval of the County Board of Election and the State Board of Education. On or before January 1, 2002, the Commissioner shall draw the 7 districts for each of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District so that the nominating districts shall encompass an area in which approximately 1 / 7 of the total population of each district is resident. Each representative district shall, insofar as is possible: (i) be formed of contiguous territory; (ii) be nearly equal in population; (iii) be bounded by major roads, streams or other natural boundaries; and (iv) not be created so as to unduly favor any person. The data base for the determination of population in residence shall be census data from the United States Census of 2000. The Controller General’s office shall provide the Election Commissioner with its assistance upon the request of the Commissioner. (1) Not later than January 1 of the year ending in 2 in each subsequent decade (e.g., 2012), the Commissioner shall reapportion the school board nominating districts using the most recent United States census data so that the nominating districts are reapportioned in time for the elections beginning in the next year. The subsequent reapportionments shall comply, insofar as possible, with the criteria identified in subsection (b) of this section. (2) The Commissioner shall also establish for each District the sequence in which elections held pursuant to this section shall occur. To the extent consistent with the redistricting criteria set forth in subsection (b) of this section, the Commissioner shall endeavor to designate the new nominating districts and to sequence the elections so that the elections for particular nominating district seats occur in the year of the expiration of the terms of the incumbent board member or members whose constituent population in the nominating district or districts prior to the most recent reapportionment most closely conform to the constituent population in the newly reapportioned nominating district or districts. (3) The Commissioner shall, in addition to drawing the nominating districts, establishing the sequence for elections and reapportioning the nominating districts each decade, act as a continuing advisory resource for the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District in implementing the election system established by this section. The Commissioner may propose such recommendations as it deems necessary to ensure fair and efficient school board elections in the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District.

Del. Code tit. 14, § 1067 Election of Milford Special School District in 1969 for the Board of Education.

On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect 2 members of the Board of Education of Milford Special School District. The individual with the highest number of votes shall be elected for a term of 5 years. The individual with the second highest number of votes shall be elected for a term of 4 years and shall fill the vacancy created by the expiration of the term of the previously elected school board member. Both individuals shall be elected at large in the entire Milford Special School District and shall serve in addition to the 3 then incumbent previously elected school board members. Thereafter, school board members in the school district shall be elected in accordance with §§ 1051 and 1052 of this title. No fewer than 2 members shall be residents of Kent County and no fewer than 2 members residents of Sussex County.

Del. Code tit. 14, § 1068 Indian River School Board [For application of this section, see 83 Del. Laws, c. 251, § 7].

(a) Notwithstanding anything contained in this chapter to the contrary, the School Board of Indian River School District shall be composed of 10 members. (b) The Indian River School District is hereby divided into 5 representative districts as follows: (1) District Number 1. — Beginning on Route 28 where Fleetwood Pond Branch crosses Route 28, east on Route 28, crossing Route 113 to the Georgetown town limits (1 mile circle); right on School Lane following the southern boundary of the Town to South Bedford Street; right and south on South Bedford Street to Route 318; left on Routes 318 and 321 to Route 47; right on Route 47 to Route 30; left and north on Route 30 to Gravel Hill; right at Gravel Hill on Route 18 to Route 5 at Harbeson; left on Route 5 to the presently established boundary between Indian River School District and Cape Henlopen School District; thence following the Indian River School District and Cape Henlopen School District boundary, westerly from Route 5 to the intersection of Routes 238 and 239; thence westerly on Route 238 to the North Fork of Gravelly Branch; thence southwesterly along Gravelly Branch and Collins Pond to Route 18; left on Route 18 to Route 527; right on Route 527 to its intersection with Route 526 and Route 516; thence southeasterly to the intersection of Route 529 and Route 46; easterly along Route 46 for a distance of approximately one tenth mile to a point where Tyndall Branch crosses Route 46; thence following Tyndall Branch, Fleetwood Pond, Fleetwood Pond Branch in a southeasterly direction to the beginning point on Route 28. The last portion of this description being the established boundary line of the Indian River School District and the Milford School District, the Woodbridge School District and Seaford School District. (2) District Number 2. — Beginning at a point where Fleetwood Pond Branch crosses Route 28; southeasterly along said Branch to a point where it crosses Route 444 approximately seven tenths mile north of Route 20; south on Route 444 to Route 20; left on Route 20 to Jones Crossroads; thence southeasterly in a straight line between Jones Crossroads and Pusey’s Crossroads to a point on Route 74 approximately 1.1 mile west of its intersection with Route 20; left on Route 74 to Route 20; right on Route 20 to Route 113 (Bob’s Diner) crossing Route 113 to State Street and continuing on State Street easterly to Betts Mill Pond Bridge; thence following this stream and the south bank of the Millsboro Pond to the Mill Dam at Route 24; thence easterly along Route 24 to the Herring Creek Branch; thence following the established boundary between Indian River School District and Cape Henlopen School District westerly and northerly following a portion of the Beaverdam Creek and Route 259 to its intersection with Route 5. The remaining portion of District Number 2 shall be described by the southern boundary of District Number 1. (3) District Number 3. — Beginning at a point 1.1 mile west of Route 20 on Route 74; thence along the established boundary line between Indian River School District and Laurel School District to Pusey’s Crossroads at Route 472; left on Route 472 to a point where the Pocomoke River reaches Route 472; thence southeasterly along the Pocomoke River to Route 424; right on Route 424 to Route 24; left on Route 24 to Route 25; right on Route 25 to Route 26; left on Route 26 to Route 113; right and south for a distance of approximately .5 mile to the southern boundary of the Town of Dagsboro; thence easterly along the town boundary line to Pepper Creek; thence north and east along Pepper Creek to Indian River Bay and Rehoboth Bay to Herring Creek; thence westerly along Herring Creek to Route 24. The remaining northern boundary for District Number 3 shall coincide with the description of the southern boundary of District Number 2. (4) District Number 4. — Beginning on Route 113 at its intersection with Route 26; south on Route 113 to Frankford; thence following the southern boundaries of Frankford and Vines Creek to the place where Vines Creek crosses Route 54; thence east along Route 54 to Route 382 (Omar); right on Route 382 through Roxana to Route 382A; right on Route 382 to Route 389; right on Route 389 to Route 396; right on Route 396 to the Delaware and Maryland state line. The remaining boundaries of this District are as follows: The southern boundary is the Delaware and Maryland state line; the eastern boundary is the Atlantic Ocean; the northern boundary is the Indian River Bay from Indian River Inlet to Pepper Creek and the southern boundary of the Town of Dagsboro as described as the southern boundary of District Number 3. (5) District Number 5. — Beginning on Route 413B at its intersection with Route 24; south on Route 413B; thence following the established boundary line between Indian River School District and Delmar School District through Pepper Box and Whitesville to the Delaware-Maryland line; thence easterly along the Delaware-Maryland line to Route 396 at Williamsville; thence northerly to Dagsboro following the here described westerly boundary of District Number 4 and westerly through Mission following the southern boundary of District Number 3 herein described. (c) At the regular school election in 1973 the qualified electors shall choose 1 member from Representative District No. 2 for a term of 2 years; 1 member from Representative District No. 3 for a term of 5 years; and 1 member from Representative District No. 5 for a term of 3 years. (d) At the regular school election in 1974 the qualified electors shall choose 1 member from Representative District No. 1 for a term of 3 years; 1 member from Representative District No. 2 for a term of 4 years; 1 member from Representative District No. 4 for a term of 5 years; and 1 member from Representative District No. 5 for a term of 5 years. (e) All subsequent school board elections shall follow the schedule herein listed: YEAR DISTRICT TERM 1975 District No. 1 5 Years 1975 District No. 2 5 Years 1976 District No. 3 5 Years 1976 District No. 5 5 Years 1977 District No. 4 5 Years 1977 District No. 1 5 Years 1978 District No. 2 5 Years 1978 District No. 3 5 Years 1979 District No. 4 5 Years 1979 District No. 5 5 Years (f) Each school board member shall be elected for a term of 4 years, commencing on July 1 following the school board member’s election, except when such election is to fill an unexpired term, as provided in this chapter, until a successor has been elected and duly qualified. (g) All members of the Board of Education of Indian River School District shall be elected from the several representative districts in which they reside by the qualified electors of those districts. Each member of the Board of Education shall be an inhabitant of the Indian River School District and of the representative district from which that member is elected. All qualifications to be a member of the Board of Education shall be continuing qualifications and the failure of any member of the Board of Education to have any of the qualifications required by this title during that member’s term of office shall create a vacancy in the office.

Del. Code tit. 14, § 1069 School Board for Cape Henlopen School District [For application of this section, see 83 Del. Laws, c. 251, § 7].

(a) Notwithstanding anything contained in this chapter to the contrary, the School Board of the Cape Henlopen School District shall be composed of 7 members. (b) The Cape Henlopen School District is hereby divided into 4 areas as follows: (1) Area A. — Beginning at a point on the shoreline of the Delaware Bay between Broadkill Beach and Roosevelt Inlet near where the Broadkill River runs in an east-westerly direction; thence following a westerly direction through the middle of the Broadkill River to the midpoint of the confluence of Beaverdam Creek; thence in a southerly direction through the middle of Beaverdam Creek to the boundary line of Cape Henlopen School District; thence following the boundary of Cape Henlopen School District first in a westerly direction and extending to the shoreline of Delaware Bay in the vicinity of Fowlers Beach; thence in a southerly direction to the beginning point. (2) Area B. — Beginning at a point on the shoreline of the Delaware Bay intersected by a perpendicular line running through and extended from the middle of Route 9 on Lewes Beach; thence following a westerly direction through the middle of Route 9 until the intersection of Route 261; thence in a southerly direction through the middle of Route 261 until the intersection of Route 285; thence in a southerly direction through the middle of Route 285 to the intersection of Route 5; thence southerly through the middle of Route 5 until the intersection with the District’s boundary: thence following the District’s boundary first in a westerly then northerly direction until the boundary connects to the same point where Area A’s boundary intersects with Route 259 and Beaverdam Creek; thence following the same boundary for Area A to the Delaware Bay; thence in a southerly direction along the shoreline of Delaware Bay to the beginning point. (3) Area C. — Beginning at the same point on the shoreline of Delaware Bay as Area B and following the same boundary of Area B in a westerly and then southerly direction until the line meets the District boundary; thence in an easterly direction along the District boundary to a point on the boundary which is directly grid south of the tip of Bald Eagle Point; thence in a northwesterly direction, off-shore of land, through the center of Love Creek to the intersection of Route 24; thence in a northeasterly direction through the center of Route 24 until the intersection of Route 1; thence for a short distance in a southerly direction through the center of Route 1 until the intersection of Route 270; thence in a northeasterly direction through the center of Route 270 until the termination of Route 270 near the sewage treatment plant; thence in a grid easterly direction to the shoreline of the Atlantic Ocean; thence in a northerly direction along the shoreline of the Atlantic Ocean and then in a westerly direction along the shoreline of the Delaware Bay to the beginning point. (4) Area D. — Beginning at a point where the Indian River Inlet and the Atlantic Ocean converge; thence in a westerly and then northerly direction until the line meets the point of intersection for Area C and the District boundary; thence following the same boundary for Area C in a northerly and then easterly direction until the line meets the shoreline of the Atlantic Ocean; thence in a southerly direction to the beginning point. (c) School board members shall be elected in the following manner: (1) At the regular school election in 1997, the qualified electors in the school district shall choose 1 member who is a resident of Area D. The member shall serve a term of 1 year. (2) At the regular school election in 1998, the qualified electors in the school district shall choose 1 member who is a resident of Area A. One member shall be elected from Area D and shall serve a term of 4 years. (3) At the regular school election in 1999, the qualified electors in the school district shall choose 1 member who is a resident of Area C and 1 member who is a resident of the district at large. (4) At the regular school election in 2000, the qualified electors in the school district shall choose 1 member who is a resident of Area B and 1 member who is a resident of the district at large. (5) At the regular school election in 2001, the qualified electors in the school district shall choose 1 member who is a resident of the district at large. (6) All subsequent school board elections shall follow a schedule with a 5 year sequence as herein listed and thereafter: 2002 — Elect 1 member who is an inhabitant of Area D. 2003 — Elect 1 member who is an inhabitant of Area A. 2004 — Elect 1 member who is an inhabitant of Area C and 1 member who is an inhabitant of the district at large. 2005 — Elect 1 member who is an inhabitant of Area B and 1 member who is an inhabitant of the district at large. 2006 — Elect 1 member who is an inhabitant of the district at large. (7) Except for the shortened term of Area D for 1 year from 1997 to 1998 and Area D for 4 years from 1998 to 2002, thereafter, each school board member shall be elected to a term of 4 years. An exception shall be when such election is to fill an unexpired term as provided in this chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on July 1 following the election. (8) The notice of candidacy filed by each candidate qualified to be a school board member shall provide a declaration of intention as to whether the candidate is to serve at large, if elected, or if the candidate is to serve from the candidate’s legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Filings in either case shall be by inhabitants of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly filed shall be listed alphabetically in appropriate groupings by area and/or “at large.” If in a given year when notices of candidacy may be filed for members living in a specific area and no filings are so made, and if during that given year a notice of candidacy may also be filed for a member to serve “at large,” the member “at large” living in the area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates who had filed a notice of candidacy to serve “at large,” then the person receiving the second highest number of votes shall be declared duly elected to the position “at large” in the school district. (9) In all school board elections, board members shall be chosen at the election by qualified electors of the entire school district thereof. (10) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section.

Del. Code tit. 14, § 1070 School Board for Milford School District.

Notwithstanding anything contained in this chapter to the contrary, the School Board of the Milford School District shall be composed of 7 members. Three members shall be elected at large from the reorganized Milford School District and 1 board member shall be elected from each of the 4 areas “A,” “B,” “C” and “D” described in paragraph (1) of this section. (1) The Milford School District is hereby divided into 4 areas as follows: a. Area A. — Beginning at the intersection of Roads 396 and 395 proceed southeast along the center of Road 396 to Route 14; east along the center of Route 14 to the intersection of Route 113; north along the center of Route 113 to the point where Route 113 intersects with Swan Creek; east along the center of Swan Creek to the Mispillion River and thence along the center of the Mispillion River to the Delaware Bay. Thence follow the shore line of Delaware Bay north to the Murderkill River; thence southwest along the common boundary between the Milford and Lake Forest School Districts to the intersection of Roads 396 and 395. b. Area B. — Beginning at the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts, proceed northeast along the center of Road 594 to the intersection of Road 42; north along the center of Road 42 to a point .2 miles south of Road 207; thence due east to the Herring Branch. Follow along Herring Branch to the point where it intersects with Route 113; thence north along the center of Route 113 to the intersection of Route 14; west along the center of Route 14 to Road 396; northwest along the center of Road 396 to the Milford-Lake Forest School District boundary. Thence follow the existing common boundary south between the Milford-Lake Forest and Woodbridge School Districts to the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts. c. Area C. — Beginning at the point where the Mispillion River enters the Delaware Bay, proceed westward along the center of the Mispillion River to Swan Creek; west along the center of Swan Creek to the point where it intersects with Route 113; south along the center of Route 113 to the point where Route 113 intersects Herring Branch (near Lincoln); proceed along the Branch northeast to the Milford city line; continue following the branch east and south to a point where the branch intersects Road 211; southeast along the center of Road 211 to Road 207; northeast along the center of Road 207 to Road 30; southeast along the center of Road 30 to the northeast corner of Cedar Creek Millpond; proceed east along the common boundary between the Milford and Cape Henlopen School Districts to the Delaware Bay; north along the Delaware Bay coastlines to the point where the Mispillion River enters the Bay. d. Area D. — Beginning at the northeast corner of Cedar Creek Millpond proceed directly northwest along the center of Road 30 to the point where Roads 30 and 207 intersect; thence southwest along the center of Road 207 to the point where Roads 207 and 211 intersect; thence northwest along the center of Road 211 to a branch being the northeast boundary of the James Deputy property; continue northwest along this branch to the Milford city line; west along the city line to Herring Branch; follow Herring Branch southwest to a point approximately .2 miles south of Road 207; thence follow a line directly west to Road 42; south along the center of Road 42 to Road 594; southwest along the center of Road 594 to the present boundary of the reorganized Milford School District. Thence follow the existing common boundary between Milford and the Woodbridge, Indian River, and Cape Henlopen School Districts to the northeast corner of Cedar Creek Millpond. (2) School Board members shall be elected in the following manner: a. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area A for a term of 4 years; b. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area B for a term of 5 years; c. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area C for a term of 2 years; d. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is an inhabitant of Area D for a term of 3 years; e. At large board members shall be chosen in accordance with the schedule contained in paragraph (3) of this section. No at large board members will be chosen at the regular school election in 1974. An at large board member is any inhabitant of Milford School District who meets other qualifications for school board membership as determined elsewhere in this chapter. Area designation is not applicable to at large board members. (3) Beginning with the regular school election in 1975, school board members shall be elected in accordance with the following schedule: Election Year Designated Area Seats Term At Large Seats Term 1975 None — 1 5 yr. 1976 C 5 yr. 1 5 yr. 1977 D 5 yr. 1 5 yr. 1978 A 5 yr. 1 5 yr. 1979 B 5 yr. None — 1980 None — 1 5 yr. 1981 C 5 yr. 1 5 yr. 1982 D 5 yr. 1 5 yr. 1983 A 5 yr. 1 5 yr. 1984 B 5 yr. None — (4) The notice of candidacy filed by each candidate qualified to be a school board member shall provide a declaration of intention as whether the candidate is to serve at large, if elected, or if the candidate is to serve from that candidate’s own legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Filings in either case shall be by inhabitants of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly filed shall be listed alphabetically in appropriate groupings by area and/or at large. If in a given year when notices of candidacy may be filed for members living in a specific area and no filings are so made, and if during that given year a notice of candidacy may also be filed for a member to serve “at large,” the member “at large” living in the area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates who had filed a notice of candidacy to serve “at large,” then the person receiving the second highest number of votes shall be declared duly elected to the position “at large” in the school district. (5) In all school board elections board members shall be chosen at the election of qualified electors of the entire school district thereof. (6) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section.

Del. Code tit. 14, § 1071 Applicability of this subchapter; definitions.

(a) This subchapter shall apply to any election conducted in any reorganized school district by the school board of such district or by the State Board of Education. This subchapter shall be in addition to Chapters 19, 20 and 21, and to the extent that any provision of this subchapter is inconsistent with any provision contained in Chapter 19, 20 or 21, Chapters 19, 20 and 21 shall govern. (b) As used in this subchapter: (1) “Department of Elections conducting the election” means the Department of Elections in the county in which the office of the superintendent of a public school district is located and which is responsible for conducting elections in accordance with Chapters 10, 19, 20 and 21 of this title for that school district, except that public school elections in the Milford and Smyrna School Districts shall be conducted by the Department of Elections for Kent County and public school elections in the Woodbridge School District shall be conducted by the Department of Elections for Sussex County. (2) “Election” shall include a referendum where applicable. (3) “Public school election” means an election to elect 1 or more members to a board of education and any election conducted in accordance with Chapter 19, 20 or 21 of this title. (4) “Reorganized school district” means a school district constituted and established in accordance with this chapter whether by reorganization, consolidation or division. (5) “School board” means the board of education of a reorganized school district.

Del. Code tit. 14, § 1072 Time; places; annual election of school board members; dates.

(a) School elections, for whatever purposes, must be held between the hours of 7:00 a.m. and 8:00 p.m. prevailing local time during which time the polls shall remain open. (b) The Department of Elections conducting the election shall designate and procure the buildings within the district, including buildings not owned by the school district, which shall be used as polling places for any public school election. The suitability, convenience and accessibility of a polling place to voters of the school district must be given prime consideration in its selection. Whenever possible, such polling place shall be located in public buildings which shall include suitable schools, government buildings, firehouses, community buildings, churches, financial institutions, lobbies or other gathering places. In the event that no public building is available in a conveniently located and readily accessible place, then the Department of Elections conducting the election may designate a suitable, conveniently located and readily accessible private business establishment. (1) The reorganized school district for which an election is being conducted under this subchapter shall provide school district buildings designated as polling places and/or as election officer training sites by the Department of Elections conducting the election to that Department of Elections without charge for use or fee for custodial services. (2) The Department of Elections conducting an election may establish one or more polling places for that election outside of the boundaries of the reorganized school district for which the election is being conducted as deemed necessary and proper by that Department of Elections. (c) Elections for school board members shall be held annually on the second Tuesday of May; except, that when only 1 person files for election to a given vacancy the school board shall declare that person elected and shall not open the polls for an election to fill that vacancy. (d) All public school elections other than school board elections shall be held on the date set by the local school board of the school district in which such elections are to be held and in accordance with subsections (a) and (b) of this section. (e) All school districts are requested to consider scheduling an in-service day for the second Tuesday in May.

Del. Code tit. 14, § 1073 Election officers.

The Department of Elections conducting an election under the provisions of this title shall appoint an inspector, 2 election officers for every voting machine assigned to a polling place. Two of the aforesaid election officers shall be designated as judges and the remaining election officers shall be designated as clerks. The Department of Elections conducting the election may assign additional clerks to polling places as deemed necessary. (1) The inspector shall be the person responsible for the set up, operation and closing of the polling place and make all decisions regarding the aforesaid except for questions regarding voter eligibility. (2) The inspector and both judges shall by majority vote decide all questions of voter eligibility.

Del. Code tit. 14, § 1074 Notice of election.

(a) The Department of Elections conducting a public school election for the purpose of electing members to a board of education shall give notice of such election by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. Such notices shall plainly set forth the office or offices to be filled, the date, the time and the place or places of the election. The Department shall also post the notices on its website for 21 days prior to the election. (b) School districts shall give notice of elections conducted in accordance with Chapters 19, 20 and 21 of this title by notices placed on each school building and by notices published in at least 1 newspaper with countywide circulation, or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 4 weeks prior to the date of the election. The last publication shall be not more than 5 days before the day of the election. For elections conducted under the provisions of Chapter 19 of this title, such notices shall plainly set forth the amount to be raised, the proposed rate of taxation, the purpose or purposes for the proposed additional taxes, the date, the time and the place or places of the election. For elections conducted under the provisions of Chapters 20 and 21 of this title, such notices shall plainly set forth the amount of the bonds proposed to be issued, the purposes and reasons for the bond issuance, the amount of each annual tax increase that would be imposed as a result of the proposed bond issuance, the application of any gifts or any other money on hand which are not required by law to be used for some other purpose to any major capital improvement project or project for which the bonds may be issued, and the date, time and place or places of the election. The school district shall also post the notices of elections conducted under the provisions of Chapters 19, 20 and 21 of this title on its website for 21 days prior to the election. The department conducting the elections shall also post the notice on its website for 21 days prior to the election. (c) The notices to be placed on each school building as required by subsections (a) and (b) of this section shall be posted on or near the front door of each school building in the school district in which an election is being held at least 21 days prior to the date of the election. The notices shall remain posted until the day following the election. (d) In the case of an election for consolidation or division of a reorganized school district or districts, as the case may be, or for the changing of the boundaries of a reorganized school district, the notice of the election shall be by the Department of Elections in accordance with this chapter. (e) At least 40 days prior to the date of an election to be conducted under Chapter 19, 20 or 21 of this title, school districts shall provide to the Department of Elections conducting the election a certified copy of the notice required by subsection (b) of this section and an affidavit signed by the Superintendent of the school district that the notice complies with the provisions of subsection (b) of this section. The Department of Elections shall determine whether the notice contains the information required by subsection (b) of this section and shall promptly notify the school district of any omission in the notice. If, at least 30 days before the date of the election, the school district has failed to cure any omission, the Department of Elections shall be authorized to cancel the election and such cancellation, if any, shall be effective upon written notice to the superintendent of the school district.

Del. Code tit. 14, § 1075 Filing of candidacy for school board member; withdrawal of candidacy.

(a) (1) a. No later than 4:30 p.m. on the first Friday in March, candidates for election to a board of education shall file a notice of candidacy on the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections responsible for conducting the election. If the last day of filing is a legal holiday, the last day for a person to file is the first business day next that is not a Saturday, Sunday, or a legal holiday. b. A candidate must request the background checks required under § 209 of this title and provide proof that the background checks have been requested under § 309 of Title 31 with the notice of candidacy under paragraph (a)(1)a. of this section. c. A candidate who files a notice of candidacy under paragraph (a)(1)a. of this section is considered a provisional candidate for election to a board of education until the Commissioner of Elections has made the determination under paragraph (a)(4)a. of this section. (2) The State Bureau of Identification and the Department of Services for Children, Youth and Their Families must provide the results of the background checks requested by a candidate under paragraph (a)(1)b. of this section, to the Commissioner of Elections within 15 days of the candidate’s request, under § 309(e)(5)a. of Title 31. (3) Information obtained by the Commissioner of Elections under paragraph (a)(2) of this section is confidential and is not a public record under Chapter 100 of Title 29. (4) a. The Commissioner of Elections must determine that an individual is qualified under § 209 and § 1052 of this title before the individual may be considered a candidate for election to a board of education. b. The Commissioner of Elections must disclose the names of provisional candidates under paragraph (a)(1)c. of this section. (5) The cost of the criminal background and Child Protection Registry checks required under paragraph (a)(2) of this section are allowed fees for placing the name of the candidate on a ballot under § 8020 of Title 15. (b) In the event that there is only 1 candidate for the election of a school board member, the Department of Elections conducting the election shall declare the candidate elected, shall not hold an election for that seat, and shall issue a certificate of election to that candidate. (c) A person may withdraw as a candidate by filing the form promulgated by the Commissioner of Elections for that purpose with the Department of Elections conducting the election. (1) If the withdrawal creates a circumstance where there is no contest for a school board seat and there are no other school board seats or questions on the ballot, the Department of Elections conducting the election shall cancel the election. (2) If there are at least 2 remaining candidates for the office and/or there are other offices or questions on the ballot, the Department of Elections conducting the election shall, time permitting, make new ballots. (3) If time does not permit to make new ballots, the Department of Elections conducting the election shall take such action as is possible to inform the voters at the polling place of the withdrawal. (4) If there are 2 remaining candidates for the office and there are 7 or more days prior to the date of the election, the Department of Elections conducting the election shall mail new absentee ballots to all persons who had voted by absentee ballot or had not returned absentee ballots mailed to them. If the replacement ballots are not returned by the close of the polls on the day of the election, the earlier ballot shall be counted. Votes shall not be tallied for persons who have withdrawn their candidacy. (5) Any votes cast for a person who has withdrawn as a candidate shall be considered null and void and shall not be tallied, canvassed or reported. (d) The county Departments of Elections shall give notice of the deadline for filing as a candidate for a seat on a board of education by notices published in at least 1 newspaper with countywide circulation or a combination of newspapers that cover the area or areas in the county where the school board seats are up for election. The notices shall be published at least 1 time per week during the 3 weeks prior to the filing deadline. The last publication of the aforesaid notice shall be not more than 3 days before the filing deadline. Such notices shall plainly set forth the office or offices to be filled, the deadline for filing a notice of candidacy, and the location at which candidates shall file their notice of candidacy.

Del. Code tit. 14, § 1076 Voting machines; election supplies; cost.

(a) School elections shall be conducted by the use of voting machines. (b) The Department of Elections conducting the election shall cause to appear on the machines next to the appropriate selection device the following: (1) For the election of school board members, the names of all filed candidates shall be listed alphabetically without political party designation. (2) For consolidation, division or change of boundaries of reorganized school districts the voting machine shall briefly state the question and provide for voting for or against the proposal, with such words: For the proposal Against the proposal (3) For elections conducted in accordance with Chapter 19, 20 or 21 of this title the appropriate selection language. (c) The Department of Elections conducting the election shall supervise the setting for the machines to denote the choices indicated in subsection (b) of this section and shall in advance of the date of the election instruct the designated election officers in the proper use of the machines. (d) The needed election supplies shall be provided by the Department of Elections conducting the election. (e) The cost of necessary election supplies shall be paid by the Department of Elections conducting the election. (f) Any reorganized school district shall use voting machines and the appropriate department of elections shall pay the transportation for the voting machines and other necessary charges for the use of such voting machines. While conducting an election or referendum for any public school district, the district may not charge rent or custodial fees associated with the use of its space. Sufficient heat, when needed to maintain a minimum 68 degree Fahrenheit temperature for such facilities, shall be provided for the conduct of an election or referendum. For the clarification of county department of elections’ costs relating to public school district elections, Smyrna School District and Milford School District elections will be conducted by the Kent County Department of Elections and Woodbridge School District elections will be conducted by the Sussex County Department of Elections. (g) In case of an election for the consolidation, division or change of boundaries of a reorganized school district, all preparation for and cost of the election shall be borne by the department of elections that conducts said election or elections.

Del. Code tit. 14, § 1077 Qualified voters.

Every citizen 18 years of age or over and a resident of the reorganized school district shall be eligible to vote at the school election in the reorganized school district in which that citizen resides, whether or not that citizen is at the time a registered voter for purposes of a general election.

Del. Code tit. 14, § 1078 Determination of qualifications of the voter.

For the purpose of determining whether a person offering to vote at a school election is in fact the person he or she claims to be and is qualified to vote, that individual shall complete an affidavit, promulgated by the Commissioner of Elections, which shall affirm that the individual offering to vote is a qualified voter of the school district pursuant to § 1077 of this title. If it can be determined by a majority opinion of the inspector and both judges assigned to that polling place that the individual offering to vote has met the qualifications for that school election pursuant § 1077 of this title, then said individual shall be permitted to vote. Otherwise, an election official shall require the person offering to vote to produce reasonable identification of himself or herself and their place of residence in the school district. The said identification may be: (1) Delaware driver’s license; (2) Delaware ID card; (3) Work ID card with photo and address; or (4) U.S. postal material. If a vote is objected to for the reason that the person offering to vote is not qualified to vote in that school election, its admission or rejection shall be determined according to the opinion of a majority of the inspector and both judges assigned to that polling place.

Del. Code tit. 14, § 1079 Bribery.

(a) No person who receives or accepts or offers to receive or accept, or pays, transfers or delivers, or offers or promises to pay, transfer or deliver, or contributes or offers or promises to contribute to another to be paid or used, any money or other valuable thing as a compensation, inducement or reward for giving or withholding or in any manner influencing the giving or withholding a vote at any public school election, shall vote at such election unless such person being challenged for any of said causes takes and subscribes to the oath or affirmation as provided for in § 4940 of Title 15. (b) Such oath or affirmation shall be conclusive evidence to the election officers of the truth of such oath or affirmation, but if any such oath or affirmation shall be false, the person making the same shall be guilty of perjury, and no conviction thereon shall bar any prosecution under § 8 of Article V of the Constitution of this State. Such oath or affirmation, when signed and attested as provided in this section shall be competent evidence in any proceeding against the party making the same.

Del. Code tit. 14, § 1080 Method of voting.

(a) For the election of school board members, a voter shall not vote for more candidates than there are school board memberships to be filled in the election. If only 1 school board member is to be elected, a voter shall vote for only 1 candidate. The voter shall place a mark in the square after the name of the candidate or candidates for whom the voter desires to vote, or, in the case where a voting machine is used, take the appropriate action on the machine as described in the posted instructions for the operation of said machine. (b) For the consolidation, division or change of boundaries of a reorganized school district, the voter shall place a mark in the square after the item that expresses that voter’s choice, or, in the case where a voting machine is used, take the appropriate action on the voting machine as described in the posted instructions for the operation of said machine. (c) The voter expresses the voter’s own intent on an absentee ballot as follows: (1) Making a distinct mark in the square provided to the right of the name of the candidate or response to a question. (2) If the voter indicates the voter’s own choice in a manner other than the manner specified in paragraph (c)(1) of this section the election officers shall attempt to determine the intent of the voter. If it is not possible to determine a voter’s choice for an office or response to a question, the ballot shall not be counted for that office or question but shall be counted for all other offices and questions on the ballot where the voter’s intent can be determined. (3) If a ballot is marked for more names or responses than are permitted, it shall not be counted for that office or question but shall be counted for all other offices or questions on the ballot. (4) If a ballot has been defaced or torn by a voter so that it is impossible to determine the voters choice for 1 or more offices or questions, it shall not be counted for such offices or questions but shall be counted for all other offices and questions on the ballot.

Del. Code tit. 14, § 1081 Official record.

(a) The Commissioner of Elections, in consultation with the county Departments of Elections, shall promulgate a Voter Eligibility Affidavit for Public School Elections that all voters in public school elections shall complete before voting. The aforesaid affidavit shall be printed as a 1-part form. The Commissioner of Elections and the county Departments of Elections shall at least once every 2 years meet to review the Voter Eligibility Affidavit for Public School Elections. Upon approval of a new version of the affidavit, existing supplies of affidavits shall be used until exhausted. (b) As soon as possible after the close of a public school election the Department of Elections conducting the election shall check for persons who voted more than once by putting the completed Voter Eligibility Affidavits for Public School Elections into alphabetic order. The department shall refer any instances of persons voting more than once in a public school election to the Attorney General. (c) The Department of Elections conducting the election shall make the affidavits available to the respective school district upon request and at no cost. The Department may satisfy this requirement by providing a copy of the affidavits to the school district. School districts that receive affidavits from a department shall return them to the Department no later than 90 days after receiving them. (d) The affidavits and all other records of a public school election shall be retained for 5 years and then destroyed.

Del. Code tit. 14, § 1082 Procedure at the polling place.

(a) Upon arriving at a polling place, a person shall complete a Voter Eligibility Affidavit for Public School Elections attesting to the voter’s eligibility to vote in the public school election and then present the aforesaid affidavit and proof of the voter’s identity and address as required in § 1078 of this title to an election officer. (b) Upon being presented an affidavit and proof of the voter’s identity by a person, the election officer shall then legibly print the name of the person onto a poll list, determine whether or not the person is eligible to vote in the election, and then annotate the affidavit as to whether or not the person shall be permitted to vote. If the person does not offer reasonable proof of identity and address as required in this section, the person may be permitted to vote by majority vote of the inspector and both judges. Poll lists created as required above shall be retained by the Department of Elections that conducted the election for 1 year following the day of the election. At the end of the aforesaid year, the poll lists shall be destroyed. (c) If the election officer determines that the person is not eligible to vote in the election, the election officer shall refer the person to the inspector and both judges. The inspector and both judges after hearing and considering evidence shall by majority vote determine whether or not to permit the person to vote. Upon making the decision, the inspector shall appropriately annotate the affidavit and poll list. If the person is not permitted to vote, the inspector shall direct the person to depart the polling place and then the inspector shall file the affidavit in the appropriate place. (d) If a person’s eligibility to vote is challenged by anyone for any reason, the inspector and both judges shall immediately hear and consider the evidence and then by majority vote decide whether or not the person is eligible to vote. Once the inspector and both judges have made their decision, there is no appeal at the polling place. The person shall either be permitted to vote, or shall not be permitted to vote and directed to depart the polling place. A person who has not been permitted to vote may appeal the decision of the inspector and both judges to the county director or, in the county director’s absence, to the deputy county director for the Department of Elections conducting the election. (e) Upon hearing the evidence of an appeal by a voter, the county director or deputy county director for the Department of Elections conducting the election shall rule on the appeal. A person whose appeal is successful shall be permitted to vote at the polling place or by absentee ballot at the Department of Elections conducting the election.

Del. Code tit. 14, § 1083 Counting ballots; tie vote; certification of election.

(a) The Department of Elections conducting an election in accordance with this title shall compile and announce the unofficial results as soon as possible after the close of the election. No later than 15 days following the close of a public school election, the Department of Elections conducting the election shall canvass the vote and certify the results of the election as provided in subsection (d) of this section. For the election of school board members, the persons receiving the highest number of votes shall be declared duly elected to the position of school board member. The Department of Elections conducting the election shall keep the certificate of the results of each public school election conducted under this title as a public record in their offices. (b) In case of a tie: (1) For the election of school board members, no later than the third Saturday in June following the May election, another election shall be held in accordance with this chapter to decide which of the candidates so tied shall be elected school board member; (2) For an election pursuant to Chapter 19, 20 or 21 of this title and for elections to determine a consolidation, division or change of boundaries of a reorganized school district, another election shall be held not less than 30 days nor more than 60 days after the date of the tied election, in accordance with this chapter, in order to break the tie. (c) The Department of Elections conducting the election shall give a certificate of election to each person elected to the office of school board member. (d) Certification requirements. — (1) In the case of an election pursuant to Chapter 10 or 19 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district no later than the 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day. (2) In the case of an election pursuant to Chapter 20 or 21 of this title, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than 16 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day. (3) In the case of an election to determine a consolidation, division or change of boundaries of a reorganized school district, the Department of Elections that conducted the election shall present certification of the results to the superintendent of the respective school district and to the Secretary of Education no later than l6 days following the day of the election. If the sixteenth day is a Saturday, Sunday or holiday, such presentation shall be made no later than 4:30 p.m. on the next business day. (e) Within 96 hours following the certification of a public school election, 25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or 1 / 2 of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. The Department of Elections that conducted the elections shall: (1) Examine the voting machine tape from each voting machine used in the election and determine if the results were properly reported. The department shall then correct any results that were incorrectly reported. (2) Examine the absentee vote tally sheets and determine if errors were made in reporting the absentee vote. The department shall then correct any errors in the reporting of the absentee votes. (3) Count or cause to be counted all absentee ballots that were cast in the election and correct any errors in the tally that had been reported. (4) Certify or, if necessary, recertify the recompiled results as required by this title.

Del. Code tit. 14, § 1084 Certificate of election; type and form; preservation of records.

(a) The type and form of the certificate of election and all other school election documents shall be determined by the Commissioner of Elections, in consultation with the county Departments of Elections, and shall be uniform throughout the State. (b) The several departments of elections shall have and retain custody of all books, maps, forms, oaths of office and of removal, blanks, instructions and all other records and supplies of every kind or description pertaining to any school election conducted by the respective department for 1 year following the close of the election.

Del. Code tit. 14, § 1085 Penalty for illegal voting in school elections.

Whoever votes at any school election, including elections pursuant to Chapters 19, 20 and 21 of this title, without possessing the qualifications prescribed by this subchapter, or having once voted, votes or attempts to vote or offers to vote again, or violates any of the other provisions of this subchapter or Chapter 19, 20 or 21 of this title shall, for each offense, be fined or imprisoned, or both, in accordance with the regular elections laws of this State.

Del. Code tit. 14, § 1086 Absentee voting.

(a) Any individual qualified to vote in a school district election who shall be unable to appear to cast their ballot at the polling place of their school district on the date of the election may cast their vote by absentee ballot provided that the voter qualifies under 1 of the provisions of § 5502 of Title 15 and files a statement under § 5503 of Title 15, in a form prescribed by the State Commissioner of Elections, with the appropriate county department of elections by 12:00 noon, local time of the day prior to the election. (b) The Commissioner of Elections, in consultation with the Department of Elections for the counties, shall promulgate an absentee voting system that shall include envelopes and instructions similar to those provided for in Chapter 55 of Title 15. The Department of Elections responsible for conducting a public school election within a reorganized school district shall prepare the appropriate absentee ballots for any election conducted in accordance with this title. Upon receipt of the executed statement under § 5503 of Title 15, by at least 12:00 noon of the day prior to the election, the department of elections shall: (1) Deliver an official ballot to the elector if the elector personally appears at the appropriate department of elections office; or (2) Follow the instructions contained within the elector’s statement to mail the official ballot and instructions to the elector; provided, that the statement is received by the department of elections by at least 12:00 noon, local time, of the fourth day prior to the election. (3) Nothing contained in this subsection shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to 12:00 noon, local time, of the day prior to any school election when the request is made less than 3 days prior to the day of the election. (4) All absentee ballots must be returned to the appropriate department of elections prior to the closing of the polls on the day of the election. All absentee ballots received after the closing of the polls shall be voided and not opened. Each absentee ballot received in this manner shall be stamped with the date and time it was received and initialed by a representative of the department and retained as part of the official election record. (c) All absentee ballots received by the Department of Elections conducting the election prior to the close of the polls on the day of the election shall remain sealed and held within that Department of Elections until such time that the absentee votes are to be counted. (d) The Department of Elections conducting the election may appoint one or more boards of election officers to tally the absentee votes for a public school election within the offices of that Department of Elections and/or designate 1 or more polling places to tally the aforesaid absentee ballots. The tallying of the absentee ballots may commence no earlier than 10 a.m. on the day of the election. The absentee tally shall remain secret until after the close of the polls on the day of the election at which time the results shall be added to the election results. Anyone violating that secrecy shall be punished as provided by law. (e) All absentee voting records, materials, and ballots shall be retained by the Department of Elections conducting the election for 1 year following the close of the elections. At the end of the said year, the ballots, materials and other absentee voting records shall be destroyed.

Del. Code tit. 14, § 1087 Electioneering.

Electioneering as described in § 4942 of Title 15 is prohibited in any public school election.

Del. Code tit. 14, § 1088 Persons permitted in the voting room.

(a) No persons, other than members or employees of the Department of Elections conducting the election who shall be identified by a badge issued by that Department of Elections, the Commissioner of Elections and/or employees of the Office of the Commissioner of Elections who shall be identified by a badge issued by the Commissioner of Elections, appointed election officers, authorized challengers in accordance with § 1089 of this title, or persons voting or waiting to vote, shall be admitted within the voting room. Other persons necessary to the conduct of the election may be admitted within the voting room or within 50 feet of the entrance thereof upon first obtaining consent from the inspector, except as provided in subsection (b) of this section. (b) Person or persons with other business within the building in which a polling place for a public school election is located may pass through the polling place area or by the room in which the polling place is located so as not to interfere with the conduct of the election. Such person or persons shall not loiter within 50 feet of the polling place, talk to any person or persons waiting to vote, promote any candidate or side to an issue, or in any other manner interfere with voters or disrupt the polling place. The inspector shall take those steps necessary to maintain order within the polling place as well as enforce § 1087 of this title and subsection (a) of this section. (c) A voter may be accompanied by 1 or more children not more than 16 years of age. Any challenge to the age of any child shall be resolved by the voter signing an affidavit certifying that the child in question is not more than 16 years of age.

Del. Code tit. 14, § 1089 Challengers and challenges.

(a) For school board member elections, each candidate on the ballot may appoint and accredit 1 or more suitable persons as challengers. One challenger from each candidate on the ballot may be present inside each polling place to observe the conduct of the election and all election records. The challengers may be changed and their places filled in like manner during the day. Each challenger shall present a challenger authorization for that particular election signed by the candidate before being permitted to sit as a challenger. (b) For all other public school elections, 5 persons at a time may act as challengers. Persons desiring to sit as a challenger shall ask the inspector in the polling place for permission to serve as a challenger. If fewer than 5 persons are sitting as challengers, the person shall be seated after completing the challenger identification form. If 5 persons are already seated, no person shall be seated until 1 of the seated persons has left the polling place. Any challenger who leaves the polling place for any reason shall immediately surrender the challenger’s own challenger badge to the inspector and shall be replaced by a person waiting to be seated as a challenger. (c) A person serving as a challenger shall be issued a challenger badge that the challenger shall wear while in the polling place. If the person leaves the polling place the challenger shall surrender the badge to the inspector and for school board member elections retrieve the challenger authorization from the inspector. (d) Challengers shall be peace officers with the same powers of preserving the peace as election officers and the challengers shall be protected in the discharge of their duty by the election officers; provided, however, the challengers shall not create any disturbance or obstruction and shall not unreasonably prolong any challenge or inquiry. The inspector shall have the duty to caution the challengers concerning the foregoing and, if a challenger persists in objectionable behavior, the challenger may be ejected by the inspector. Nothing in this subsection shall prevent the substitution of another challenger for 1 who has been ejected. (e) If an inspector wilfully ejects a challenger without cause, that inspector shall be deemed to have knowingly and wilfully violated that inspector’s own official duty. (f) Anyone legally within the polling place may challenge any voter for identity, address or bribery. The inspector and both judges shall hear each challenge immediately and before the person so challenged enters a voting machine. Once the inspector and both judges vote on the challenge, the matter is decided and the challenged person will either be permitted to vote or not permitted to vote depending on the decision. A person denied permission to vote shall leave the polling place immediately. A person challenged for bribery may take and subscribe to the oath as provided in § 4940 of Title 15. Once the person has taken and subscribed to the oath, the person shall be permitted to vote.

Del. Code tit. 14, § 1091 Superintendent of schools.

The school board of each reorganized school district shall appoint as the chief school officer for that district a superintendent of schools who shall also serve as executive secretary to the school board.

Del. Code tit. 14, § 1092 Employee qualifications.

Every employee of a reorganized school district must meet standards for qualification as adopted by the Professional Standards Board and the State Board of Education pursuant to § 1203 of this title, and be certified or otherwise licensed in accordance with these standards in order to be placed on the official payroll of the reorganized school district.

Del. Code tit. 14, § 1093 State salary schedules.

The state salaries for the several categories of school employees shall be in accordance with salary schedules set forth in this title except that no such schedule shall prevent a school district from increasing those salaries by the amount of a supplement appropriately provided by the local school district including Division III state funds, and from funds other than those appropriated by this State.

Del. Code tit. 14, § 1094 School employee contract; dismissal or suspension.

(a) The contract with school employees shall be a contract drawn on a form approved by the Department of Education and shall be a state school employee contract that shall be executed by the reorganized school district board. One copy of the contract shall be delivered to the employee, and 1 copy shall be made part of the permanent file of the school district. (b) A school employee may be dismissed or suspended from that employee’s duties in accordance with Chapter 14 of this title.

Del. Code tit. 14, § 1095 Liability of local school districts for costs in actions against members of board or employees thereof.

Whenever a civil action has been or shall be brought against any person for any act or omission arising out of and in the course of the performance of that person’s duties as a member of a board of education, principal, assistant principal, superintendent, assistant superintendent or professional employee, including a teacher, the board of education of that school district shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; provided, however, the board of education shall not be responsible for the payment of punitive damages nor damages attributable to intentional acts or the gross negligence of such person. Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses. The State shall not be liable for such financial obligation incurred by a local school district.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title14/c010/sc01/index.htmlFetched: 10/4/2026

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