Title 14 — Education

§ 3501. Part-time schools or classes for children having employment certificates. The board of education in every school district in this State in which there are employed or there reside 15 or more children between the ages of 12 and 16 years to whom have been granted employment…

§ 3502. Financing costs. (a) Whenever any part-time schools or classes have been established in accordance with this chapter and the rules and regulations established by the Department and have been approved by the Department, the school district shall be entitled to reimbursemen…

§ 3503. Excusing nonestablishment of part-time schools or classes. Whenever any school board deems it inexpedient to organize part-time schools or classes for employed minors, it shall state the reasons for such inexpediency in a petition to the State Director for Vocational Educ…

§ 3504. Failure to establish part-time schools or classes. Any school district which refuses or neglects to provide adequately for part-time schools or classes as required by this chapter shall forfeit from state funds due such school district for high school purposes an amount e…

§ 3505. Employment certificates, permits, badges and records. The Secretary of Education and superintendents of schools in school districts, or persons designated by such superintendents, shall issue employment certificates, permits and badges and the principal or the head teache…

§ 3506. Private schools; child labor law records. Private teachers and the principal or head teacher of private schools or educational institutions shall make out and sign such records as are required by the laws regulating child labor.32 Del. Laws, c. 160, § 55; Code 1935, § 274…

§ 3507. School attendance requirements for employed children. All minors under the age of 16 years must attend an all-day school, as that term is used in this title, or be legally employed. Every parent, guardian or other person having custody and control of a child between the a…

§ 3508. District and hours of school attendance. Attendance at part-time schools or classes shall be in the school district where the minor resides or is employed and shall be during the hours of 8:00 a.m. and 5:00 p.m., except on Saturday, when the hours shall be from 8:00 a.m. …

§ 3509. Time spent in school as hours of legal employment. The time spent in a part-time school or class by a minor under the age of 16 years shall be counted as a part of the time or number of hours the minor is permitted by law to work.32 Del. Laws, c. 162, § 5; Code 1935, § 26…

§ 3510. Employment on farm, in home or domestic service. A minor employed on the farm, in the home or in domestic service shall be considered as a minor legally employed in some occupation or service.32 Del. Laws, c. 162, § 5; Code 1935, § 2694; 14 Del. C. 1953, § 3510;

§ 3511. Revocation of employment certificate. Any minor subject to this chapter who fails to attend the part-time school or class may have that minor’s employment and school leaving certificate revoked.32 Del. Laws, c. 162, § 6; Code 1935, § 2695; 14 Del. C. 1953, § 3511; 70 Del.…

§ 3512. Penalty for failure to attend. All of the penalties provided in Chapter 27 of this title are made applicable in requiring the attendance of minors under the age of 16 years subject to this chapter upon a part-time school or class.32 Del. Laws, c. 162, § 7; Code 1935, § 26…

§ 3513. Child Labor Law penalties applicable to employer. All of the penalties provided in the Delaware Child Labor Law, Chapter 5 of Title 19, are made applicable for any violation of this chapter by any person employing a minor subject to this chapter. The employer shall permit…

§ 3514. Enforcement of part-time school attendance. The school officials charged with the responsibility of enforcing the compulsory attendance laws of this State shall also be responsible for the enforcement of the attendance upon part-time schools or classes in accordance with …

§ 3515. Americanization of foreign born non-English speaking residents. In any school district within this State, including the City of Wilmington, where there are 10 or more persons over 16 years of age who do not speak the English language and who desire to attend a class or cl…

§§ 3601-3606. Statement of purpose; requirements to receive benefits; vested rights; eligible institutions; extent of benefit; administration of chapter [Repealed]. Repealed by 73 Del. Laws, c. 188, § 5, effective July 17, 2001.

§ 3701. Report on destruction of school property. Wherever a public school building or the equipment thereof is damaged or destroyed by fire or other casualty, the local school district in which the school building is located shall, as soon as may be practicable, send to the Secr…

§ 3702. Governor’s allocation of General Fund. Upon receipt of a written communication from the Secretary of Education and the State Risk Manager, the Governor may authorize, if there is a sufficient surplus available in the General Fund to meet the obligation, the allocation of …

§ 3703. Replacement of property; disbursements. The Director of the Office of Management and Budget and State Risk Manager shall authorize the transfer and expenditure of funds allocated pursuant to § 3702 of this title.71 Del. Laws, c. 180, § 167B; 75 Del. Laws, c. 88, § 21(7);

§ 3704. Cost records. The State Risk Manager shall keep accurate detailed accounts of the cost of each rebuilding of school buildings and replacement of school equipment under this chapter and of all moneys expended by the State therefor.36 Del. Laws, c. 210, §§ 4, 5; Code 1935, …

§ 3705. Prompt replacement of property. The Department of Education and local school districts shall see that the rebuilding of school buildings and the replacement of school equipment, destroyed in whole or in part by fire or other casualty within their respective jurisdictions …

§§ 3706, 3707.

§ 3801. Declaration of purpose [Repealed].67 Del. Laws, c. 244, § 1; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3802. Definitions [Repealed].67 Del. Laws, c. 244, § 1; 73 Del. Laws, c. 41, § 1; 74 Del. Laws, c. 110, § 138; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3803. Division of Substance Abuse and Mental Health [Repealed].67 Del. Laws, c. 244, § 1; 73 Del. Laws, c. 41, § 1; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3804. State Drug-free School Advisory Committee [Repealed].67 Del. Laws, c. 244, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 168; 73 Del. Laws, c. 41, § 1; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3805. Local drug-free school advisory committees [Repealed].67 Del. Laws, c. 244, § 1; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3806. Utilization of funds [Repealed].67 Del. Laws, c. 244, § 1; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3807. State Board of Education; Department of Safety and Homeland Security [Repealed].67 Del. Laws, c. 244, § 1; 71 Del. Laws, c. 180, § 169; 74 Del. Laws, c. 110, § 138; repealed by 84 Del. Laws, c. 201, § 2, effective Sept. 11, 2023.;

§ 3901. Fund for retired and disabled teachers. There shall continue to be a fund for the purpose of paying pensions or allowances to retired and disabled teachers who have taught in public schools within this State.45 Del. Laws, c. 240, § 1; 47 Del. Laws, c. 240, § 1; 14 Del. C.…

§ 3902. Retirement benefits. Teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 25 years or more and are no longer capable of teaching, and teachers who were inactive in their profession on Apr…

§ 3903. Disability benefits. Teachers who, prior to April 23, 1945, because of failing or lost eyesight, loss of limb or other physical disability, were required to abandon the teaching profession, and, by reason of such disability, are incapable of securing employment producing …

§ 3904. Application for benefits. Persons qualified to receive any nondisability retirement benefits under this chapter shall make application therefor to the Department of Finance. Persons qualified to receive any disability pension benefits under this chapter shall make applica…

§ 3905. Investigation of application and eligibility. The Department of Finance and the Board of Pension Trustees shall make investigations in order to determine the eligibility of the applicants or persons entitled to receive benefits under this chapter, as provided by law.45 De…

§ 3906. Payment of benefits. The Secretary of Finance shall pay monthly to persons designated by the Department of Finance and Board of Pension Trustees as being entitled to the benefits of this chapter.45 Del. Laws, c. 106, § 4; 14 Del. C. 1953, § 3906; 57 Del. Laws, c. 741, § 4…

§ 3907. Unexpended appropriations. All moneys appropriated for the purposes of this chapter and not expended during any fiscal year shall revert to the General Fund of the State Treasury.45 Del. Laws, c. 106, § 5; 14 Del. C. 1953, § 3907;

§ 3908. Adjustment of benefits. (a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section. (b) Effective September 1…

§ 3909. Increases in pensions. (a) Effective January 1, 1976, any pension being paid under this chapter to an individual 60 years of age or older shall be increased by either: (1) $30 per month if such individual is also receiving or is eligible for benefits under the Federal Soc…

§ 3910. Death benefits. Upon the death of an individual receiving a pension under this chapter, the sum of $5,000 shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, the amount of this benefit shall be paid to the deceased pensioner’s estat…

§ 4001. Statement of policy. It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between reorganized public school districts and their employees and to protect the public by assuring the orderly and uninterrup…

§ 4002. Definitions. (a) “Appropriate bargaining unit” or “bargaining unit” means a group of school employees designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining. (b) “Arbitration”…

§ 4003. School employee rights. School employees shall have the right to: (1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation resulting from collective bargaining negotiations to pay any dues, fees, assessments or other char…

§ 4004. Employee organization as exclusive representative. (a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the …

§ 4005. School employer rights. A public school employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public school emplo…

§ 4006. Public Employment Relations Board. (a) There is hereby established a board to be known as the “Public Employment Relations Board,” the purpose of which shall be to administer this chapter under rules and regulations which it shall adopt and publish. The Board shall be org…

§ 4007. Unfair labor practices — Enumerated. (a) It is an unfair labor practice for a public school employer or its designated representative to do any of the following: (1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed unde…

§ 4008. Unfair labor practices — Disposition of complaints. (a) The Board is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in …

§ 4009. Unfair labor practices — Appeals; petitions for enforcement. (a) Any person adversely affected by a decision of the Board under § 4008 or § 4015 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the …

§ 4010. Bargaining unit determination. (a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least 30% of the public school employees in the unit claimed to be appr…

§ 4011. Determination and certification of exclusive representative. (a) Any employee organization seeking certification as exclusive representative in a designated appropriate bargaining unit shall file a petition with the Board. The petition must contain the uncoerced signature…