Title 14 — Education

§ 1603. Rules and regulations. The Department of Education shall, from time to time, adopt and promulgate such rules and regulations as will be necessary for the implementation of the program authorized by this chapter.69 Del. Laws, c. 464, § 1; 71 Del. Laws, c. 180, § 90;

§ 1604. Treatment of severe discipline problems component. The Department of Education shall establish a program component which will provide alternative educational and related services for the more severe discipline problems in the public schools. This component will serve prim…

§ 1604A. Site selection for alternative educational facilities. (a) New alternative school programs funded on or after July 1, 2002, or alternative school programs except for those located on school property currently funded pursuant to § 1604 of this title that change locations …

§ 1605. School and district level component. The Department of Education shall be authorized to approve and provide financial support for programs to provide alternative educational and related services to disruptive students in the public schools. This component will serve stude…

§ 1605A. Prevention component. The Family Services Cabinet Council (Council), with the Department of Education and the Department of Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to offer prevention-related student support ser…

§ 1606. State Board waiver authority. The Department of Education shall have the authority to waive or suspend provisions of the Delaware Code in the implementation of programs authorized under this chapter; provided however, that such waiver or suspension of a provision of the C…

§ 1607. Interagency cooperation. The Department of Education and the public school districts are to work cooperatively with other state agencies, particularly the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families, in th…

§ 1608. Referral to mental or behavioral health specialist. After a student’s second unduplicated infraction resulting in an out-of-school suspension, in a semester, the student must be referred to a school-based mental or behavioral health specialist.84 Del. Laws, c. 183, § 1;

§ 1701. Amount to be appropriated by General Assembly. The General Assembly shall make provision for the annual payment to the free public schools of the State an amount which shall amply provide for the items authorized by this title and those additional items that the General A…

§ 1702. Divisions of school appropriations. (a) Appropriations for the support, maintenance and operation of the free public schools of the State shall be in 3 divisions: Division I shall include appropriations designated for the purpose of paying the employees of the various sch…

§ 1703. Unit of pupils. (a) As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible f…

§ 1703A. Extended Learning Opportunities Subcommittee. (a) The IRMC Extended Learning Opportunities Subcommittee is established to oversee coordination, research, and planning statewide for before and after school and summer learning programs for school-age children and advise th…

§ 1704. Number of units in a school district; method of calculation; actual unit count; optional unit count. The number of units to be used in determining state financial support in each school district shall be calculated by the Department of Education each year in accordance wi…

§ 1705. Determination of amount of appropriation. (a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with all applicable state-supported salary schedules. No state funds from Division I shall be appropriated to…

§ 1705A. Maximum student-instructor ratio requirements. (a) The ratio of students to instructors in any class in kindergarten or grades 1-3 in a Delaware public school shall not exceed 22 students as of the last school day of October. In calculating such ratio, a classroom instru…

§ 1705B. Required reporting regarding maximum student-instructor ratio. (a) The Department of Education shall collect and report data, on an annual basis, in a uniform manner regarding compliance with the student-instructor ratio set forth in § 1705A(a) of this title by local sch…

§ 1706. Determination of amount of Division II appropriation. The funds appropriated to each school district for expenses included in Division II shall be determined by providing a sum, which shall be uniform for all school districts throughout the State, for each unit of pupils …

§ 1707. Division III equalization funding. (a) Any school district which provides funds from local taxation for current operating expenses in excess of basic state appropriations, under Divisions I and II of this chapter, shall be eligible for state funds on a matching basis in a…

§ 1708. Form of appropriation. (a) Appropriations to the Department of Education on behalf of the school districts shall be in an aggregate form and shall be allocated to the districts in accordance with this title and the provisions of the annual Appropriations Act. (b) In the e…

§ 1709. Use of appropriation for purpose other than that designated. No part of any amount appropriated to any district shall be transferred from 1 subdivision of Division I to any other such subdivision of Division I or to Division II, or from Division II to any subdivision of D…

§ 1710. Certification of number of units by Secretary of Education. The number of units in each school district as calculated under § 1704 of this title shall be certified by the Secretary of Education as soon as such calculations are completed.47 Del. Laws, c. 364, § 3C; 14 Del.…

§ 1711. Salaries in excess of state supported uniform salary schedules. Nothing contained in this chapter shall prevent any local school board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III a…

§ 1712. Transfer of appropriation of closed and consolidated district. In the case of any closing and consolidation of a school district, the permanent Budget Commission may transfer the unexpended balance, or any part thereof of any appropriation under this chapter for the close…

§ 1713. State School Fund income and General Fund. Repealed by 71 Del. Laws, c. 180, § 107A, effective July 31, 1997.

§ 1714. Acquisition of school sites, Advanced Planning and Real Property Acquisition Fund; purchase; sale; repayment. The Advanced Planning and Real Property Acquisition Fund authorized by Title 29 and administered by the Budget Commission may be used for the acquisition of schoo…

§ 1715. Unit of pupils for kindergartens. Repealed by 64 Del. Laws, c. 315, § 5, effective July 1, 1984.

§ 1716. Unit for academic excellence. (a) “Unit for academic excellence” is defined for funding purposes as 1 unit for each 250 full-time equivalent students in a school district, grades K through 12. Districts shall qualify for partial funding for a fractional part of 250 full-t…

§ 1716A. Related services unit and funding. (a) “Related services unit” is defined for funding purposes as 1 funding unit for each 57 units of the K-3, 4-12 (regular education) and basic units. For the pre-K-12 intensive the ratio shall be 1 funding unit for each 5.5 units. For t…

§§ 1716B-1716D. Gifted or talented unit and funding; disruptive pupil referral unit and funding; Education Refinement Program unit and funding. Repealed by 68 Del. Laws, c. 84, § 204, effective July 1, 1991.

§ 1716E. Mental health services unit and funding for grades K through 5. (a) “Mental health services unit” for funding purposes means: (1) One unit for each 700 full time equivalent students in a school district or charter school, grades K through 5 for employment of full-time sc…

§ 1716F. Mental health services unit and funding for middle school. (a) “Mental health services unit for middle school” for funding purposes means: (1) In fiscal year 2023, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades 6 through …

§ 1716G. Substitute teachers. (a) Substitute teachers shall be used to provide temporary teaching to pupils when the regular teacher is unavailable due to illness, leave, or other reasons. (b) During the fiscal year beginning July 1, 2023, and annually thereafter, allocation of f…

§ 1716H. Mental health services unit and funding for high school. (a) “Mental health services unit for high school” for funding purposes means: (1) In fiscal year 2024, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades 9 through 12, …

§ 1717. Employment of personnel. (a) Local school boards of education and the various school building commissions may employ personnel who are paid wholly or in part from federal and/or school construction funds provided that such personnel shall be classified and paid in accorda…

§ 1718. Matching federal funds. For the purpose of matching any appropriation made for such educational acts as have been or may be passed by the Congress of the United States, the Department of Education is hereby directed and empowered to prescribe to each of the local school b…

§ 1719. Adjustment of appropriations. In the event that the aggregate appropriations for Division I, II or III, or any other unit-driven appropriation, are insufficient to cover the total number of units certified pursuant to § 1710 of this title, the Department of Education shal…

§ 1720. Adult education. Funds authorized in the Budget Appropriation Bill and subsequently allocated by the Department of Education for James H. Groves High School or adult basic education shall be allocated by the Department to the participating school districts in amounts equa…

§ 1721. Autistic unit and funding. (a) Programs for children with autism exceeding 217 pupil days shall be according to rules and regulations of the Department as approved by the State Board of Education. (b) For funding purposes “autistic unit” for programs in excess of 217 pupi…

§ 1722. Accounting for textbooks, subject matter materials and other school property entrusted to individual students. (a) For the purposes of this section: (1) “Costs” shall be the cost of lost or destroyed textbooks, subject matter materials, supplementary books, instructional …

§ 1723. Comprehensive school discipline improvement programs. In addition to the funds appropriated to school districts by other sections of this chapter, school districts shall be eligible to make application to the Department of Education for the development and implementation …

§ 1724. Academic Achievement Awards Pilot Program.77 Del. Laws, c. 196, § 2; expired, eff. Oct. 1, 2011;

§ 1725. Tracking of school district use of unit funds. (a) All information received by the Department of Education, or any third party performing work for the Department of Education, relating to the dates on which new teachers are hired by individual school districts shall be po…

§ 1726. Opportunity Fund. (a) For purposes of this section: (1) “English learner students” or “EL” means kindergarten through grade-12 students with limited English proficiency who meet the definition of an “English learner” as that term is defined by the Department of Education …

§ 2001. Definitions. As used in this chapter: (1) “District” means a reorganized school district. (2) “School board” means a board of education of a reorganized school district.14 Del. C. 1953, § 2001; 53 Del. Laws, c. 353, § 1; 57 Del. Laws, c. 113.;

§ 2002. Establishment of standard formula. The Department of Education shall establish a standard school construction formula which shall be uniform throughout the State. The standard formula so established shall take into consideration the different educational requirements at t…

§ 2003. Determination of costs for state aid. The Department of Education shall use the standard school construction formula for determining the cost of school construction, either new or additions, for the various districts. Such costs shall be used as the base upon which state …

§ 2004. Construction of facilities exceeding the standard formula. This chapter shall not prevent the Department of Education from approving school construction requests submitted by districts when such requests vary from the standard formula; provided, however, that when the cos…

§ 2005. Satellite schools. (a) Reorganized school districts and charter schools authorized pursuant to Chapter 5 of this title are authorized to enter into satellite school agreements pursuant to this section. For purposes of this section, a “satellite school” is defined as a pub…

§ 2006. Subdivision impact and permit fees. (a) Notwithstanding any law, rule, ordinance, or charter provision to the contrary, no county or municipality is permitted to assess permit fees, impact fees, or other assessments on a school district for any school construction project…

§ 2101. Definitions. As used in this chapter: (1) “District” means a reorganized school district. (2) “School board” means a board of education of a reorganized school district.14 Del. C. 1953, § 2101; 57 Del. Laws, c. 113.;