Subchapter I. Composition, Organization and Administration

TITLE 14

Education

Free Public Schools

CHAPTER 1. DEPARTMENT OF EDUCATION

Subchapter I. Composition, Organization and Administration

§ 101. Establishment of the Department of Education.

The general administration of the educational interests of the State shall be vested in a Department of Education within the
Executive Branch, hereinafter in this title referred to as the "Department."

71 Del. Laws, c. 180, § 3.;

§ 102. Secretary; Deputy, Associate and Assistant Secretaries; Acting Secretary; appointment.

(a) The administrator and head of the Department shall be the Secretary of Education, who shall be a graduate of an accredited
college and shall have not less than 5 years' experience in teaching and administration, with experience in each such category.
The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure
of the Governor. The Secretary shall be paid a salary as determined by the General Assembly in the annual Appropriations Act.
The Secretary of Education shall become a bona fide resident of the State within 6 months after the Secretary's appointment;
provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
or positions of Deputy, Associate, or Assistant Secretaries of Education as are vacant. Persons so appointed shall serve at
the pleasure of the Governor and, upon the position of Secretary being filled, such persons may be removed by the Secretary
with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of the
Secretary's successor, the Governor may appoint the Deputy Secretary or an Associate Secretary of Education to serve as Acting
Secretary. The Secretary may, during the Secretary's absence from the State, appoint the Deputy Secretary or an Associate
Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers
and perform all the duties and functions of the Secretary during the Secretary's absence or incapacity or until the Secretary's
successor is duly qualified and appointed.

27 Del. Laws, c. 106; Code 1915, § 2274; 32 Del. Laws, c. 160, § 6; Code 1935, § 2627; 14 Del. C. 1953, § 107; 67 Del. Laws, c. 281, § 203; 67 Del. Laws, c. 431, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 529, § 1; 71 Del. Laws, c. 8, § 2; 71 Del. Laws, c. 180, § 3.;

§ 103. Powers, duties and functions of the Secretary.

(a) The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its offices, functions and employees;

(2) Appoint and fix the salary, with the written approval of the Governor, of the following officers: Deputy Secretary, Associate
and Assistant Secretaries, and an Executive Assistant. These officers may be removed from office by the Secretary with the
written approval of the Governor, and they shall have such powers, duties and functions in the administration and operation
of the Department as may be assigned by the Secretary;

(3) Appoint such additional personnel as may be necessary for the administration and operations of the Department, within
such limits as may be imposed by law;

(4) With the written approval of the Governor, establish, consolidate, abolish, transfer or combine the powers, duties and
functions of the branches, work groups, offices or units within the Department as the Secretary may deem necessary, providing
that all powers, duties and functions required by law shall be provided for and maintained;

(5) Make and enter into any and all contracts, agreements or stipulations; retain, employ and contract for the services of
private and public consultants, and research and technical personnel; and procure by contract consulting, research, technical
and other services and facilities whenever the same shall be deemed by the Secretary necessary or desirable in the performance
of the functions of the Department or to determine and ensure the quality and effectiveness of education programs and initiatives,
and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter
25 of Title 29 unless otherwise provided by law;

(6) Delegate any of the Secretary's own powers, duties or functions to the Deputy Secretary or an Associate or Assistant Secretary,
except the power to remove employees of the Department or to fix employee compensation;

(7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may
be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(8) Maintain such facilities throughout the State as may be necessary for the effective and efficient operation of the Department;

(9) Adopt an official seal or seals for the Department;

(10) In consultation with the State Board of Education, prepare a proposed annual operating and capital improvement budget
for the Department and state support of the public school system to be submitted for the consideration of the Governor and
the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds
appropriated to it by the General Assembly. Special funds may be used in accordance with approved grants, programs and appropriations;
and

(11) Appoint committees or advisory entities to assist the Secretary in performing the duties of the Secretary's office. When
the committee or entity is formed to assist in developing policies or regulations the adoption of which must be approved by
the State Board, the Secretary shall consult with the State Board regarding the composition of such committee or entity.

(b) The Secretary shall develop and implement policy for grades 1-12 that will substantially decrease the number of nonperformance-based
promotions, or social promotions, which allow students who have not passed a course or courses required for promotion to the
next grade to advance to the next grade, with the goal of eliminating those promotions by the year 2001.

(c) The Secretary shall calculate a Voluntary School Assessment, which applicants shall have the option of paying in lieu
of any school certification required by § 2661 of Title 9 or § 842 of Title 22. Voluntary School Assessments shall be calculated
on a per unit basis for each project that seeks to pay such assessments in lieu of certification as follows by:

(1) Calculating the average cost (including land or, if the school district already owned such land, the then-fair market
value of such land at the time of construction), per child, for the average new public schools (one elementary school, one
middle school, one high school) constructed with state assistance in New Castle County as determined by the State of Delaware
School Construction Technical Assistance Manual prepared by the Delaware Department of Education (as such manual exists as
of June 30, 1999, such manual to be updated for purposes of this calculation no earlier than July 1, 2005, and thereafter
updated as the Department normally updates such manual);

(2) Multiplying that number by the local percentage share then required by state law of the local school district in order
to receive state capital assistance;

(3) Multiplying the resulting figure by 0.50, representing the average number of school-aged children projected to be housed
within each residential unit, provided that in no event shall the Voluntary School Assessment exceed 5 percent of the total
cost of the residential unit.

27 Del. Laws, c. 106; Code 1915, § 2274; 32 Del. Laws, c. 160, § 6; Code 1935, § 2628; 14 Del. C. 1953, § 108; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 3; 72 Del. Laws, c. 237, § 4.;

§ 104. State Board of Education; composition; term; powers and duties; qualifications; vacancies; staggered appointments;
office location; compensation.

(a) The State Board of Education shall be composed of 7 members who shall be citizens of the State and shall be appointed
by the Governor and confirmed by the Senate. The Governor shall name the President of the Board who shall serve at the Governor's
pleasure. Each of the remaining members of the Board shall be appointed to serve for 6 years and until that member's successor
qualifies.

(b) The State Board of Education shall have powers, duties and responsibilities as specified in this title. Included among
the powers, duties and responsibilities are those specified in this subsection. The State Board of Education shall:

(1) Provide the Secretary of Education with advice and guidance with respect to the development of policy in those areas of
education policy where rule- and regulation-making authority is entrusted jointly to the Secretary and the State Board. The
State Board shall also provide guidance on new initiatives which may from time to time be proposed by the Secretary. The Secretary
shall consult with the State Board regularly on such issues to ensure that policy development benefits from the breadth of
viewpoint and the stability which a citizens' board can offer and to ensure that rules and regulations presented to the State
Board for its approval are developed with input from the State Board. Consistent with its role in shaping critical educational
policies, the State Board of Education may also recommend that the Secretary undertake certain initiatives which the State
Board believes would improve public education in Delaware;

(2) Provide the Secretary of Education with advice and guidance on the Department's annual operating budget and capital budget
requests;

(3) Provide the Secretary of Education with guidance in the preparation of the annual report specified in § 124 of this title,
including recommendations for additional legislation and for changes to existing legislation;

(4) Provide the Secretary of Education with guidance concerning the implementation of the student achievement and statewide
assessment program specified in § 122(b)(4) of this title;

(5) Decide, without expense to the parties concerned, certain types of controversies and disputes involving the administration
of the public school system. The specific types of controversies and disputes appropriate for State Board resolution and the
procedures for conducting hearings shall be established by rules and regulations pursuant to § 121(12) of this title;

(6) Fix and establish the boundaries of school districts which may be doubtful or in dispute, or change district boundaries
as provided in §§ 1025, 1026, and 1027 of this title;

(7) Decide on all controversies involving rules and regulations of local boards of education pursuant to § 1058 of this title;

(8) Subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the State
Board finds appropriate to conduct investigations and hearings pursuant to paragraphs (5), (6), and (7) of this subsection;

(9) Review decisions of the Secretary of Education, upon application for review, where specific provisions of this title provide
for such review. The State Board may reverse the decision of the Secretary only if it decides, after consulting with legal
counsel to the Department, that the Secretary's decision was contrary to a specific state or federal law or regulation, was
not supported by substantial evidence, or was arbitrary and capricious. In such cases, the State Board shall set forth in
writing the legal basis for its conclusion;

(10) Approve such Department rules and regulations as require State Board approval, pursuant to specific provisions of this
title, before such regulations are implemented;

(11) Approve rules and regulations governing institutions of postsecondary education that offer courses, programs of courses,
or degrees within the State or by correspondence to residents of the State pursuant to § 121(16) and/or § 122(b)(8); and

(12) Any provision of Chapter 5 of this title to the contrary notwithstanding, decide appeals of decisions by the board of
directors of a charter school to suspend or expel a student for disciplinary reasons. In deciding such cases, the State Board
shall employ the same standard of review as is set forth in § 1058 of this title.

(13) [Repealed.]

(c) The Department, through the Secretary, shall provide reasonable staff support to assist the State Board in performing
its duties pursuant to this title and shall, upon request through the Secretary, provide the State Board with reports and
data necessary to enable the State Board to perform its duties pursuant to this title. The Secretary of Education, in addition
to the Secretary's other duties of office, shall serve as Executive Secretary of the State Board.

(d) The members of the Board shall be appointed solely because of their character and fitness subject to the following qualifications:
at least 2 members of the Board shall have had prior experience on a local board of education; no more than 4 members of the
Board shall belong to the same political party; no person shall be eligible to appointment who has not been for at least 5
years immediately preceding appointment a resident of this State; and no person shall be appointed to the Board who is in
any way subject to its authority.

Any member of the Board shall be eligible for reappointment unless otherwise disqualified by this title. In constituting the
Board, the President shall be appointed from the State at large, but the appointments of the remaining 6 members shall be
made so that there shall be on the Board at least 1 resident of the City of Wilmington, 2 residents from New Castle County
outside the City of Wilmington, 1 from Kent County, 1 from Sussex County, and 1 member at large.

(e) Vacancies on the Board for any cause shall be filled by the Governor for the unexpired term and until a successor shall
qualify.

(f) The Governor may appoint members for confirmation by the Senate for terms shorter than 6 years where that is necessary
to ensure that Board members' terms expire on a rotating annual basis.

(g) The Board shall meet in Dover in meeting space provided by the Department.

(h) The members of the Board shall receive $100 for each day's attendance at the meetings of the Board not to exceed 24 days'
attendance in any 1 calendar year; and they shall be reimbursed for their actual travel and other necessary expenses incurred
in attending meetings and transacting the business of the Board.

21 Del. Laws, c. 67, § 1; 26 Del. Laws, c. 94, §§ 1, 2; Code 1915, § 2273; 32 Del. Laws, c. 160, § 2; 37 Del. Laws, c. 193, § 1; Code 1935, § 2623; 14 Del. C. 1953, § 101; 59 Del. Laws, c. 173, §§ 1, 2; 69 Del. Laws, c. 16, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 3; 73 Del. Laws, c. 164, § 4; 73 Del. Laws, c. 188, § 7; 77 Del. Laws, c. 51, § 1; 77 Del. Laws, c. 431, §§ 13-15.;

§ 105. State Board procedures.

(a) The Board shall hold an annual meeting each year, in Dover, during the month of July. At this meeting the Board shall
each year elect 1 of its members to serve as Vice-President. Other meetings shall be held at such times and places as the
duties and business of the Board require. No motion or resolution shall be declared adopted without the concurrence of a majority
of the whole Board.

(b) Whenever this Code requires that the State Board approve a regulation or other action proposed by the Department, the
State Board shall approve such regulation or action at a meeting held in conformity with Chapter 100 of Title 29. Provided
that the Department has complied with Chapter 101 of Title 29 in proposing a regulation or other regulatory action to the
extent such action is governed by said Chapter 101, the State Board shall not be subject to said Chapter 101 in approving
or refusing to approve such Departmental proposal.

71 Del. Laws, c. 180, § 3.;

§ 106. Advisory Board to the Secretary of Education.

There shall be formed an Advisory Board to the Secretary of Education consisting of a representative from each board of education
and from each county vocational-technical district, and such additional representatives of educational stakeholder organizations
as appointed by the Secretary and the State Board. This Board shall not meet less than twice in any calendar year and the
State Board shall participate in such meetings. The Advisory Board shall:

(1) Review current state policies and submit recommendations to the Department of Education when appropriate for changes,
modifications or deletions;

(2) Study and review planning guides for program improvement of the Delaware Public School System as submitted by the Department
of Education and make appropriate recommendations to the Department of Education on legislative and policy implementation;
and

(3) Meet at a time and place that shall be at the discretion of the Secretary of Education or the Deputy Secretary. The call
for the meeting shall be through the office of the Secretary of Education. The members of the Advisory Board shall receive
their actual expenses for 2 dinner meetings per year, but not including travel expenses. The Department of Education shall
not expend more than $1,000 for such expenses during any 1 fiscal year.

14 Del. C. 1953, § 110; 57 Del. Laws, c. 90; 71 Del. Laws, c. 180, § 3.;

§ 107. P-20 Council.

(a) There shall be formed a P-20 Council to coordinate educational efforts of publicly-funded programs from early care through
higher education and to foster partnerships among groups concerned with public education. The P-20 Council shall make recommendations
designed to ensure a more integrated, seamless education system that enables children to enter school ready to learn, receive
challenging instruction throughout their school careers, graduate from high school ready for college or work, and continue
their education in a way that makes them productive and successful citizens.

(b) The P-20 Council shall be co-chaired by the Secretary of Education and the President of the State Board of Education.
The Council members shall include the presidents (or their designees) of the public institutions of higher education in Delaware,
along with the presidents of the institutions of higher education offering degree programs in education (or their designees).
Additional members shall include the Chair of the Delaware Early Care and Education Council, the Chairs of the House and Senate
Education Committees, a representative of the Governor's Office, the Chair of the Business Roundtable Education Committee,
and the Executive Director of the Delaware State Chamber of Commerce, or their designees.

75 Del. Laws, c. 62, § 1.;