Title 14, Education

§ 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 …

§ 1727. Public Education Funding Commission [For application of this section, see 85 Del. Laws, c. 328, § 1]. (a) The Public Education Funding Commission (Commission) is established to review public education funding policies and formulas on a regular basis and make recommendatio…

§ 1801. Definitions. As used in this chapter the phrase “school district” shall include all school districts, including vocational-technical school districts.75 Del. Laws, c. 264, § 1; 75 Del. Laws, c. 439, § 1;

§ 1802. Financial Recovery Team. Upon the recommendation of the Secretary of Education (“Secretary”) that a school district or charter school is in financial distress as provided in paragraph (1) of this section, the Director of the Office of Management and Budget (“Director”), w…

§ 1803. Financial responsibility training. (a) With the approval of the Director of the Office of Management and Budget and the Controller General, the Department of Education, hereinafter referred to as “Department,” is directed and authorized to develop a program of financial r…

§ 1804. Financial responsibility committee. Repealed by 75 Del. Laws, c. 439, § 6, effective Aug. 17, 2006.

§ 1901. Definitions. For purposes of this chapter: (1) “District” means a reorganized school district. (2) “General reassessment” or “reassessed” means the general reassessment of all real property in the district by a county under § 8306 of Title 9. (3) “School board” means a bo…

§ 1902. Power of district to levy taxes for school purposes. (a) Except as provided under Chapter 26 of this title, a district may, in addition to the amounts apportioned to it by the Department of Education or appropriated to it by the General Assembly, levy and collect addition…

§ 1903. Election preceding levy of tax. (a) Except as specifically provided under this title, before a school board levies or increases a tax under § 1902 of this title, the school board must do all of the following: (1) Determine if the proposed tax is on the basis of a specifie…

§ 1904. Tax rate for different classes of property. (a) A school board of a district located entirely in New Castle County may use different tax rates for residential and nonresidential properties in the district in accordance with this section. A school board may initiate differ…

§ 1905. Qualified voters. At an election under § 1903 of this title, every person qualified to vote under § 1077 of this title may vote, and §§ 1078 and 1085 of this title shall apply to such election.32 Del. Laws, c. 160, § 54; Code 1935, § 2738; 47 Del. Laws, c. 303, § 1; 14 De…

§ 1906. Election officers. Repealed by 74 Del. Laws, c. 122, § 44, effective July 8, 2003.

§ 1907. Hours of election. For an election under § 1903 of this title, the polls must open at 7:00 a.m. and must close at 8:00 p.m., prevailing local time, on the day advertised.32 Del. Laws, c. 160, § 54; Code 1935, § 2739; 14 Del. C. 1953, § 1907; 50 Del. Laws, c. 137, § 1; 51 …

§ 1908. Method of voting; referendum to transfer tax funds. (a) For an election under this chapter to increase taxes, the election shall be conducted by the use of voting machines. The wording on the voting machine shall include a statement of the question which is being voted fo…

§§ 1909, 1910. Certifying and declaring result of election; recount. Repealed by 74 Del. Laws, c. 122, § 46, effective July 8, 2003.

§ 1911. Required vote for authorization of additional tax. If the majority of the votes cast at the election, under § 1903 of this title, shall be for additional tax, the tax shall be levied and collected as provided in this chapter.32 Del. Laws, c. 160, § 54; Code 1935, § 2740; …

§ 1912. Assessment list; school capitation tax. (a) The school board of the district in which an additional tax is to be levied shall use the assessment list of the county in which that district is located as a basis for any school district tax. There may also be added a school c…

§ 1913. Rate of tax [For application of this section, see 85 Del. Laws, c. 135, § 1, and c. 230, § 1]. (a) If the additional tax was authorized on the basis of amount of tax to be collected, the school board shall, upon the completion of the assessment, fix the rate sufficient to…

§ 1914. Levy of annual school tax without election. (a) A school board that has, for 1 year, levied a local tax under this chapter may continue annually, without a further election or referendum, to levy that local tax in an amount that does not exceed any of the following, as ca…

§ 1915. Demand for new election. If in any year, not less than 2 months before the date of the regular school election, a number of voters, not fewer than 25 percent of the number of qualified voters of the district, shall demand over their signatures that an election be held, th…

§ 1916. Tax collection warrant and assessment list; tax rate after general reassessment [Effective until Mar. 31, 2027]. (a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the board of the district shall fix…

§ 1917. Collection and deposit of school taxes [Effective until Aug. 12, 2028]. (a) (1) The receiver of taxes and county treasurer shall collect school taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes, and, except as …

§ 1918. Disbursement of school taxes; financial statement. (a) Warrants or drafts on the said fund shall be drawn by the school board of the district and applied only for the purpose for which the levy is made. (b) The district shall prepare at the close of each fiscal year a fin…

§ 1919. Report of school tax collections and payment of collected taxes. (a) Each receiver of taxes and county treasurer shall on the first day of each month make a report to the school board of the district for which the receiver or treasurer is collecting taxes, to the State Tr…

§ 1920. Penalty. Whoever, being a receiver of taxes and county treasurer of any county, or other person authorized to collect school taxes, or a member of any school board, fails, neglects or refuses to perform all or any of the duties imposed upon that person by this chapter sha…

§ 1921. Refund of county taxes paid in error; refund after assessment appeal. (a) Local county school taxes paid through error or by mistake may be refunded by the school district to which the taxes were paid as follows: (1) The person claiming a refund of taxes shall file with t…

§ 1922. Borrowing in anticipation of taxes. School districts may borrow money in anticipation of local school taxes, as imposed by this chapter, to an amount not to exceed 25% of such annual taxes, which shall be pledged for the payment of such loan or loans, and issue revenue an…

§ 1923. Payment of interest upon local school funds on deposit. (a) The State Treasurer shall credit to the account of each local school district that has funds on deposit with the State Treasurer such amount of interest as determined by this section upon such funds. The rate of …

§ 1924. Tax rates in districts resulting from consolidation pursuant to court order or created after February 1, 1978, but prior to July 30, 1978. (a) For the purpose of this section: (1) “Consolidated area” shall refer to a contiguous geographical area in which all school distri…

§ 1925. School tax districts. (a) If the State Board of Education divides a school district pursuant to the authority of § 1028(k) of this title, the geographical area encompassed by the district being divided shall be established as a school tax district for the collection of ta…

§ 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.;

§ 2102. Power of district to issue bonds. The school board of any district may issue bonds for the purpose of carrying out any plan or program for the acquisition of lands or the acquisition or construction of buildings or for improvements to lands or buildings as may be authoriz…

§ 2103. Temporary use of funds. The school board of any district may advance funds which by law may be used only for stated purposes and which are not immediately required for the purpose or purposes for which the same were raised, or otherwise made available for the purpose or p…

§ 2104. Faith and credit of district; exemption of bonds from taxation. The faith and credit of the district which issues bonds under this chapter is hereby expressly pledged for the full and complete payment of the principal of and interest on any bonds authorized to be issued u…

§ 2105. Validity of bonds; incontestability. When any bonds shall be sold and delivered pursuant to this chapter, the certification by the Department of Elections conducting the election pursuant to § 1083(d)(2) of this title and the certification by the school board of the distr…

§ 2106. Procedure governing sale of bonds to State. The school board of any district, with the exception of the Board of Public Education in Wilmington, shall sell any bonds to be issued pursuant to the authority contained in this chapter or pursuant to any other provision of law…

§ 2107. Limitation on amount of bonds that may be issued. A school board shall not issue bonds, except for the purpose of refunding outstanding bonds, in an amount which would cause the aggregate amount of bonded debt of the district, less the amount of sinking funds on hand for …