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Delaware Statutes, Title 14

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Delaware/Statutes

← All Delaware coverage

Title 14, Education

87 chapters · 1,136 sections in this title.

All chapters in Title 141,136 Ch 34, FINANCIAL ASSISTANCE FOR HIGHER EDUC…92 Ch 10, REORGANIZATION OF SCHOOL DISTRICTS75 Ch 41, REGULATORY PROVISIONS75 Ch 1, DEPARTMENT OF EDUCATION70 Ch 12, EDUCATOR LICENSURE, CERTIFICATION, E…46 Ch 13, Salaries and Working Conditions of S…39 Ch 17, State Appropriations37 Ch 82, EDUCATIONAL COMPACTS32 Ch 85, Private Business and Trade Schools28 Ch 31, EXCEPTIONAL CHILDREN27 Ch 91, Administrative Provisions25 Ch 19, LOCAL SCHOOL TAXES24 Ch 21, Local School Bonds24 Ch 27, SCHOOL ATTENDANCE24

27 sections·Filtered byTitle 14✕Ch 31✕

14 Del. C. § 3101. Definitions.
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§ 3101. Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them except when the context clearly indicates a different meaning: (1) “Child” means a person of 3 years of age, or an earlier age if otherwise provided in …
14 Del. C. § 3110. Rules and regulations.
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§ 3110. Rules and regulations. (a) The Department of Education is designated as the state agency that, with the approval of the State Board, shall make rules and regulations to carry out this and other titles relative to the identification, evaluation, education, training and tra…
14 Del. C. § 3111. Advisory council for exceptional citizens.
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§ 3111. Advisory council for exceptional citizens. (a) The Governor shall appoint an advisory council to act in an advisory capacity to the Department of Education, the State Board of Education and other state agencies on the needs of exceptional citizens. The General Assembly sh…
14 Del. C. § 3112. Bill of Rights for Children Who Are Deaf or Hard of Hearing.
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§ 3112. Bill of Rights for Children Who Are Deaf or Hard of Hearing. (a) Given the unique communication needs for children who are deaf and hard of hearing there is a need to further develop the comprehensive statewide program which implements a systematic approach to service the…

14 Del. C. § 3113. Academic excellence start-up grants.

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§ 3113. Academic excellence start-up grants. The Department of Education, through the process described herein, shall award start-up grants to public schools for the purpose of initiating new programs to offer specialized educational services to students who are capable of perfor…

14 Del. C. § 3120. Right to receive public education.

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§ 3120. Right to receive public education. The State shall provide, in the school districts and charter schools of the State, or in other state institutions and agencies or in special programs and private agencies as established or approved by the Department with the approval of …

14 Del. C. § 3121. Special classes and facilities.

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§ 3121. Special classes and facilities. Each school district, charter school and other state agencies responsible for the care of Delaware citizens shall provide and maintain, under appropriate regulations of the Department of Education approved by the State Board of Education, s…

14 Del. C. § 3122. Identification and reporting of child with a disability.

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§ 3122. Identification and reporting of child with a disability. (a) Except as noted in subsection (b) of this section regarding parentally-placed private school children, each school district shall be required to identify, locate and evaluate, or reevaluate, any children with di…

14 Del. C. § 3123. Supportive services and residential programs.

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§ 3123. Supportive services and residential programs. (a) Any school district administering a program for children with autism may provide from its own personnel or contract with another state agency or a private service provider if necessary for appropriate supportive services, …

14 Del. C. § 3124. Private placement with financial aid.

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§ 3124. Private placement with financial aid. (a) Private placement with financial aid may be sought when an Individual Education Program (IEP) team finds that an eligible child with a disability cannot benefit from the regularly offered free appropriate public educational progra…

14 Del. C. § 3125. Parent councils.

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§ 3125. Parent councils. Each school district and charter school enrolling any child with disabilities shall, on an annual basis, contact the parents of each such child to attempt to facilitate the creation and maintenance of a parent council for the parents of students with disa…

14 Del. C. § 3125A. Individualized education program (IEP) training for charter schools.

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§ 3125A. Individualized education program (IEP) training for charter schools. Effective January 1, 2016, each charter school will designate and maintain at least 1 professional staff member who has completed training approved by the Department of Education regarding the legal res…

14 Del. C. § 3126. Rules and regulations.

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§ 3126. Rules and regulations. The extent of programs and facilities provided for children determined to be gifted or talented shall be in accordance with the rules and regulations of the Department as approved by the State Board of Education.48 Del. Laws, c. 194, § 2; 14 Del. C.…

14 Del. C. § 3130. Opportunity to examine records and educational program.

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§ 3130. Opportunity to examine records and educational program. (a) The parents of a child with a disability, either personally or through a representative, shall be afforded an opportunity to inspect and review all records with respect to: (1) The identification, evaluation and …

14 Del. C. § 3131. Conduct of meetings.

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§ 3131. Conduct of meetings. (a) No charter school or school district, or any person acting under the authority of a charter school or school district, shall discriminate or take any adverse employment or contract action against any person based upon statements that person makes …

14 Del. C. § 3132. Educational surrogate parents and educational representatives.

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§ 3132. Educational surrogate parents and educational representatives. (a) Educational surrogate parents. — The Department with the approval of the State Board of Education shall establish and maintain procedures to protect the rights of a child with a disability whenever the par…

14 Del. C. § 3133. Notice required.

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§ 3133. Notice required. Written notice which meets the requirements under § 3134 of this title must be given to the parents of a child with a disability a reasonable time before any school district or state agency: (1) Proposes to initiate or change the identification, evaluatio…

14 Del. C. § 3134. Contents of notice.

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§ 3134. Contents of notice. The notice under § 3133 of this title must include all of the following: (1) A full explanation of all of the procedural safeguards available to the parents under state and federal law and regulations. (2) A written description of the action proposed o…

14 Del. C. § 3135. Administrative hearing.

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§ 3135. Administrative hearing. (a) A parent, district or state agency may initiate a hearing concerning any right or entitlement conferred by this chapter. (b) A hearing is initiated by submission of a written request to the Secretary of Education. (c) The Secretary of Education…

14 Del. C. § 3136. Timeliness of administrative hearings.

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§ 3136. Timeliness of administrative hearings. (a) The Secretary of Education shall ensure that, not later than 45 days after the expiration of the 30-day period in subsection (d) of this section, or the adjusted time periods in subsection (e) of this section: (1) A hearing is co…

14 Del. C. § 3137. Hearing panel.

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§ 3137. Hearing panel. (a) A hearing panelist may not be: (1) A person who is an employee of a district or agency which is involved in the education or care of the child; or (2) A person having a personal or professional interest which would conflict with that person’s own object…

14 Del. C. § 3138. Hearing rights; procedure.

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§ 3138. Hearing rights; procedure. (a) Any party to a hearing has the right to: (1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; (2) Present evidence and confront and cross-…

14 Del. C. § 3139. Subpoenas.

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§ 3139. Subpoenas. (a) Authority to issue subpoenas is conferred upon the Secretary of Education, or the Secretary’s designee, in order to implement § 3138(a)(3) of this title. (b) Upon the application of any party at least 12 days prior to hearing, a subpoena shall be issued req…

14 Del. C. § 3140. Burden of proof.

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§ 3140. Burden of proof. The burden of proof and persuasion in any proceeding convened pursuant to § 3135 of this title shall be on the district or state agency which is a party to the proceeding.64 Del. Laws, c. 63, § 1;

14 Del. C. § 3141. Finality of decision.

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§ 3141. Finality of decision. A decision made by a hearing panel under this subchapter is final, unless a party to the hearing brings a civil action under § 3142 of this title.64 Del. Laws, c. 63, § 1;

14 Del. C. § 3142. Judicial review.

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§ 3142. Judicial review. (a) Any party aggrieved by the decision of the hearing panel may file a civil action in the Family Court. Such proceeding shall be initiated by the filing of a complaint within 90 days of the date of the decision. (b) In any action brought under this sect…

14 Del. C. § 3143. Child’s status during proceedings.

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§ 3143. Child’s status during proceedings. (a) During the pendency of any administrative or judicial proceedings regarding a complaint, unless the district or state agency and parents of the child agree otherwise, the child involved in the complaint shall remain in that child’s p…