CHAPTER 180

FORMERLY

HOUSE SUBSTITUTE NO. 1

TO

HOUSE BILL NO. 81

AS AMENDED BY HOUSE AMENDMENT NOS. 2, 4 AND 5

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. This Act may be referred to as the "Department of Education Act of 1997".

Section 2. Amend Chapter 1, Title 14, Delaware Code by replacing the words "STATE BOARD OF EDUCATION" in the chapter heading with "DEPARTMENT OF EDUCATION".

Section 3. Amend §§ 101-106, Title 14, Delaware Code by deleting them in their entirety and inserting in lieu thereof the following:

"§ 101. Establishment of 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'.

§ 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. He or she 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 his or her 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 his or her successor, the Governor may appoint the Deputy Secretary or an Associate Secretary of Education to serve as Acting Secretary. The Secretary may, during his or her 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 his or her absence or incapacity or until his or her successor is duly qualified and appointed.

§ 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 his or her 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 him or her 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;

(11) Appoint committees or advisory entities to assist him or her in performing the duties of his or her 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:

(1) 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.

§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 he 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 his or her 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 arc 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 § 12 ( 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 tinder 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;

(0) 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 §§ 12 I( 16) and/or 122(b)(8).

(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 his or her 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 I resident of the City of Wilmington, 3 residents from New Castle County outside the City of Wilmington, I from Kent County and I from Sussex County.

(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 m 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 oldie Board.

§ 105. State Board Procedures.

(a). The Board shall hold all annual meeting each year, in Dover, during the

month of July. At this meeting the Board shall each year elect I 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 of this Code. Provided that the Department has complied with the provisions of Chapter 101 of Title 29 of this Code 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.

§ 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;

(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."

Section 4. Amend §§ 107-110, Title 14, Delaware Code by deleting them in their entirety.

Section 5. Amend §§ 121 and I 22(a)-(c), Title 14, Delaware Code, by deleting them in their entirety and inserting in lieu thereof the following:

"§ 121. General Powers of the Department of Education.

The Department shall exercise general control and supervision over the public schools of the State, including:

(1) Developing and executing the educational policies and laws of the State and promoting public sentiment in support of public education;

(2) Consulting with, and advising and cooperating with the boards of education and superintendents of reorganized school districts, and other of floors, principals, teachers, and interested citizens in matters relating to education and to the conduct of schools;

(3) Appointing, through the Secretary, by execution of a written contract for a term of not less than I year nor more than 5 years, of additional officers necessary for administering and developing the policies, rules, and regulations of the Department. As used in this section, the term 'additional officers' shall be defined as the team leaders and directors authorized by § 1321(a) of this title and any certificated professional employees assigned to the office of the Secretary, whose positions are not covered in § 103(a)(2) of this chapter. The Secretary may elect not to renew the contract of any additional officer upon its expiration. However, in such a case the Secretary shall notify the officer in writing by certified mail, return receipt requested, at least 4 months prior to the expiration date of the existing contract that he or she does not intend to renew the contract, thereby providing official notice that the services of the officer are to be terminated; provided, however, that any person so notified will automatically be entitled to a 2-month extension of his or her existing contract in order that he or she may be afforded a total of 6-months notice. Failure to notify an additional officer covered by this subsection in writing by the required date shall result in an automatic extension of the existing contract for a period of I year from its expiration date;

(4) Hiring, through the Secretary, by execution of a written contract for a term of not less than I year and not more than 5 years, of certificated professional employees, other than those persons described in subsection (3) of this section and § I 03(a)(2) of this chapter, necessary for carrying out the policies, rules, and regulations of the Department. For the purposes of this subsection, the term 'certificated professional employees' includes Education Associates, Education Specialists, Field Agents, Technicians and other employees holding positions of similar rank. The Secretary may elect not to renew the contract of a certificated professional employee upon its expiration. However, in such a case, the Secretary shall notify the employee in writing by certified mail, return receipt requested, at least 4 months prior to the expiration date of the existing contract that he or she does not intend to renew the contract, thereby providing official notice that the services of the employee are to be terminated; provided, however, that any person so notified will automatically be entitled to a 2-month extension of his or her existing contract in order that he or she may be afforded a total of 6-months notice. Failure to notify a person covered under this subsection in writing by the required date shall result in an automatic extension of the existing contract for a period of I year from its expiration date. The written notification shall indicate that just cause exists for the Secretary's proposed action. For the purposes of this subsection, just cause shall be defined as including, but not limited to, reduction in force, inefficiency, or unsatisfactory performance of duties. Any employee notified of the Secretary's intention not to renew for reasons other than a reduction in force may request a formal hearing before a hearing officer appointed by the State Personnel Director to present information in his or her own defense and may have legal counsel at the hearing. Such hearing shall be held not earlier than ten (10) days nor more than ninety (90) days after the issuance of the written notification of the Secretary's intent not to renew the contract, unless both parties mutually agree to a different schedule;

(5) Dismissing or disciplining, through the Secretary, during the contract period, for misconduct in office, incompetency, or willful neglect of duty, any officer or certificated professional employee appointed under this title or under any special school law except an employee whose position is covered in § 103(a)(2) of this title, giving him or her a copy of the charges against him or her. In making a determination to dismiss or to impose a lesser disciplinary action, the Secretary shall assess and take into account any mitigating or extenuating circumstances as well as the employee's work history. Any employee dismissed pursuant to this subsection may request a formal hearing before a hearing officer appointed by the State Personnel Director to present information in his or her own defense and may have legal counsel at the hearing. Such hearing shall be held not earlier than ten (10) days nor more than ninety (90) days after the issuance of written notification of dismissal from the Secretary.

(6) Hiring, through the Secretary, any clerical assistants and other non-certificated employees necessary to provide support in carrying out the policies, rules, and regulations of the Department or the State Board, or both. An employee hired pursuant to this subsection shall not enter into a written contract with the Department. Such employee shall be subject to dismissal or other disciplinary action imposed by the Secretary only for just cause. For the purposes of this subsection, 'just cause' includes, but is not limited to, reduction in force, inefficiency, unsatisfactory performance of duties, misconduct, immorality, incompetency, and willful neglect of duty.

In making a determination to dismiss or to impose a lesser disciplinary action pursuant to this subsection, the Secretary shall assess and take into account any mitigating or extenuating circumstances as well as the employee's work history. An employee dismissed pursuant to this subsection may request a formal hearing before a hearing officer appointed by the State Personnel Director to present information in his or her own defense and may have legal counsel at the hearing. Such hearing shall be held not earlier than ten (10) days nor more than ninety (90) days after the issuance of written notification of dismissal from the Secretary;

(7) Granting to any person employed by the Department pursuant to this section who is called to the service or voluntarily enters the Armed Forces of the United States or the National Guard of the State, when in continuous active service, a leave of absence which shall cover the period of voluntary service, not to exceed 3 years, or the term of service to which he or she has been called until that term of service is terminated; and upon the completion of the leave of absence, reinstating such person in the position which lie or she held at the time that the leave of absence was granted, if such person has received a certificate of satisfactory completion of service;

(8) Appointing persons to replace employees on leaves of absence for active military service, as described in subsection (7) of this section, but such appointments shall be only for the period covered by said leaves of absence;

(9) Requiring boards of education of reorganized school districts to submit reports covering student achievement, discipline, expenditures, business methods, accounts, registration, attendance, and any other matter it finds-necessary and advisable consistent with the State's policy, as reflected in § 122 (d) and (e) and § 124A(f) of this title, to avoid duplicative or unnecessarily burdensome reporting obligations; and receiving and examining such reports and, through its staff, examining and giving advice on expenditures, business methods, and accounts of boards of education of reorganized school districts;

(10) Conducting investigations relating to the educational needs of the State and the means of improving the educational conditions; and for such investigations, employing additional expert assistants and appointing special agents when deemed advisable;

(11) Causing the provisions of this title to be carried into effect, so as to provide a general and efficient system of public schools throughout the State;

(12) Deciding, without expense to the parties concerned, certain types of controversies and disputes involving the administration of the public school system. The specific types of such controversies and disputes appropriate for Department resolution and the procedures for the resolution of such controversies and disputes shall be established by rules and regulation proposed by the Secretary subject to approval by the State Board. Hearing examiners or panels, including panels of the State Board of Education, may be appointed to hear such controversies and disputes;

(0) Obtaining witnesses and documents through subpoena, administering oaths, examining under oath, and causing such examinations to be reduced to writing, when necessary to enforce any provision of this title. The Secretary and the State Board of Education, and any hearing examiner or panel duly appointed by either, may exercise the provisions of this subsection;

(1) Entering into contracts with states bordering on the State, or with agencies, political subdivisions, or school districts of such states, for the establishment and operation of joint educational facilities wherever it is found by the Department that such joint facilities would be of greater educational value to the citizens of the State than separate facilities. Tuition payments required by such contracts shall be paid from funds specifically appropriated in the annual budget for this purpose, from educational contingency funds, or from both. Tuition payments received under such contracts shall be deposited in the General Fund of the State, notwithstanding any other provisions of this title;

(2) Supervising generally the design of educational facilities by:

(a) Establishing and applying evaluative criteria to all stages in the

design of proposed educational facilities;

(b) Analyzing and researching design factors as they relate to

educational effectiveness;

(c) Recommending to local school districts matters dealing with

educational design.

(16) Determining criteria to be met and procedures to be followed by institutions of postsecondary education that offer courses, programs of courses, or degrees within the State but that are not institutions either incorporated in Delaware or located in Delaware except for the purpose of offering the particular courses, programs of courses, or degrees referred to above. The administration of the authority herein granted shall be carried out according to rules and regulations of the Department as authorized in § 122 of this title.

§ 122. Rules and Regulations.

(a) The Department shall adopt rules and regulations, consistent with the laws

of this State, for the maintenance, administration and supervision throughout the State of a general and efficient system of free public schools in accordance with this title, including the rules and regulations specified in subsection (b) of this section. Such rules and regulations, when prescribed and published, shall not extend, modify, or conflict with any law of this State or the reasonable implications thereof, and shall be binding throughout the State.

(b) The Department shall prescribe rules and regulations:

(1) Governing the hygienic, sanitary, and protective construction of

school buildings; the selection, arrangement, and maintenance of school sites and grounds; and the condemnation, for school purposes, of public school buildings that do not conform to such rules and regulations;

(2) Governing the physical inspection of and the protection of the health and physical welfare of public school students in the State;

(3) Governing the issuance of certificates and diplomas for the public schools of the State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education.

(0) Governing the statewide assessment of student achievement and the assessment of the education attainments of the Delaware public school system, and any system of student, educator, school district, or school accountability linked thereto. The Secretary shall consult with the State Board and representatives of the local school districts in designing and implementing assessment programs required under this paragraph. Assessment programs shall be designed and operated to provide the General Assembly, the Governor, the Secretary, the State Board of Education, educational administrators, teachers, and the public with timely and accurate information on student achievement and educational attainments. The Department of Education shall conduct an annual assessment of student achievement for all students in a minimum of at least 4 grade levels. Guidelines for inclusion in the student achievement assessment program will be determined by regulations. The Secretary of Education shall annually report the results of assessment programs to the Governor, General Assembly, and the public. Such reports shall include an analysis of the results of each assessment activity; recommended statewide action to address identified deficiencies; and, where applicable, school and district assessment results and district plans to address identified deficiencies. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board • of Education;

(5) Determining the minimum courses of study for all public elementary schools and all public high schools of the State, including ensuring that all elementary school students have an opportunity to attend a school where all elementary school subjects, with the exception of foreign languages, are taught in the English language and requiring that all pupils of all public elementary schools and all public high schools of the State be instructed in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(6) Governing the qualifications and certification of educators in all of the public schools of the State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. The Secretary shall, in consultation with the State Board, establish a Professional Standards Council to provide advice to the Department and the State Board regarding standards that assure professional competence, and rules and regulations concerning teacher, specialist, and administrator education in Delaware as well as ways to implement those standards through the licensing, certification, and professional development of educators;

(7) Governing the attendance of teachers now employed and prospective teachers at the summer schools at the University of Delaware and Delaware State University, and, in cooperation with the Presidents of those institutions, determining the conditions by which such teachers and prospective teachers may receive from the State all or a part of the expenses incurred by such summer school attendance;

(8) Providing for the licensing of any institution of higher education, public or private, which is not incorporated in the State or which is not established according M Delaware law, whether the main office of that institution is located within the State or in any state of the United States or in any nation of the world, if that institution offers any course, program of courses, or degree at a location within the State or by correspondence to residents of the State. Regulations on this subject shall include provisions for the identification and licensing of any agent of such an institution who contacts persons within the State, in person or by correspondence, for the purpose of soliciting enrollment by a permanent or temporary resident of the State in any such course, program of courses, or degree. The Department shall also determine the minimum requirements for the presentation of any course or program of courses and for the issuing of academic, normal school, collegiate, professional, or university degrees of any level by such institutions as are not otherwise authorized by Delaware law to determine such requirements. Rules and regulations pursuant to this paragraph shall be proposed by the Secretary subject to approval by the State Board of Education;

(9) Determining the days on which the schools are closed by the authority of the local board for such reasons as storms, necessary repairs, quarantine, destruction of school property by fire, or other causes. Under the above conditions, a school employee shall suffer no loss of pay, and the total number of hours required by § 1049(1) of this title may be adjusted accordingly. Any excusal of educational hour requirements set forth in § 1049(1) shall be• approved by the Secretary and the State Board of Education;

(0) Providing for the enforcement of school attendance laws of this State, controlling the necessary absence of pupils enrolled in the public schools, and determining the circumstances under which such absence shall be considered necessary. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(1) Requiring a uniform series of forms and blanks for the keeping and reporting of all financial accounts, the annual school budget and all educational records; and providing a series of forms and blanks for the same;

(2) Providing for the physical examination of students and for the mental examination of such students who have made no advancement in their studies for 3 successive years of regular attendance and ensuring the implementation of § 3122 of this title;

(3) Assuring the permanent maintenance for a period of not less than 40 years of the personnel records of all employees of all the school districts of the State, including those employees who terminate employment in the district. These records shall include, but not be limited to, all annual salaries and sick leave and vacation information;

(4) Providing for instruction in driver education during the summer months beyond the period usually designated as the school temi. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. Such rules and regulations shall provide for a comprehensive, quality program including at minimum that:

a. The program presented shall use dual-controlled vehicles and follow procedures provided in § 2710(c) of Title 21;

b. The program shall be available to any pupil who is a resident of the reorganized school district in which the program is offered or in which the program is offered in cooperation with other reorganized school districts, who has been enrolled in or is eligible for enrollment in the tenth grade or who is enrolled in grades 11 or 12, or who has reached his or her fifteenth birthday on or before July 15;

c. Teachers shall be assigned on a ratio of 1 teacher for each 125 qualified pupils, or one-fifth of a teacher may be assigned for each 25 qualified pupils, unless these ratios are modified by other sections of this title enacted after July I, 1967;

d. Instruction shall be available to qualified pupils without charge to said pupils;

e. Driver-education teachers shall be regularly certified to teach driver education;

f. Salaries paid to teachers assigned to the program shall be paid in accordance with Chapter 13 of this title;

(15) Governing the conduct of interscholastic athletics. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. The Secretary, with the approval of the State Board, may delegate to a non-profit organization the authority, with Department oversight and subject to State Board review of disputes involving such rules and regulations, to implement the Department's rules and regulations on this subject. The Department shall not approve any rule or regulation that denies a student the right to simultaneously try out, practice, or participate in games on a team similar to the school team on which he or she is a member, except that the authority for such dual membership and participation on a similar team shall be authorized only upon written consent by the parent, custodian, or guardian of the student. Such written consent shall clearly state the authority to participate on a particularly specified team of a designated organization or institution;

(16) Requiring health and wellness educational programs for grades K-12, emphasizing the health enhancement benefits of scat belt usage, exercise, proper nutrition, and the avoidance of unhealthy behaviors such as smoking and drug abuse. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. An advisory and resource committee comprised of the Secretary of Public Safety, the Secretary of Health and Social Services, and the Secretary of Education is hereby established to assist in the development of the program;

(17) Establishing mandatory drug and alcohol educational programs in each grade, kindergarten through grade 12, in each public school in this State. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(18) Providing for the operation of adult education and family literacy programs including, but not limited to, adult basic education, literacy education, adult high school, apprenticeship programs, and family literacy. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education;

(19) Providing, in cooperation with the Family Services Cabinet Council, for the operation of state-supported early education pre-school intervention and birth mandate programs that are authorized by this title and designed to enhance individual student readiness for public school, unless specific authority is vested elsewhere by this Code;

(20) Establishing and monitoring the enforcement, in cooperation with the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families, of standards for state-operated residential programs associated with state-operated educational programs that are authorized by this title."

Section 6. Amend § 122(d)-(g), Title 14, Delaware Code by inserting the words "Department" in lieu of "State Board" in the first sentence of subsection (d); to insert the words "the Department of Education" in lieu of "State Board of Education" or "State Board" where they appear in subsection (e); to replace "State Board" in subsection (f) with "Department of Education in conformity with subsection (g) of this section"; and to insert the words "Department of Education" in lieu of "State Board" the first four times it appears in subsection (g)(2), to insert the words ", subject to State Board denial pursuant to this subsection" between "effective" and the period "." in subsection (g)(2), and to insert the sentence "The State Board shall be advised of any waiver of a regulation it must promulgate or approve, and may deny such waiver by action taken within thirty days or by the next regularly scheduled meeting, whichever is earlier, of the waiver's approval by the Department."

Section 7: Amend § 123, Title 14, Delaware Code by rep/acing all references to the "Board" or "State Board" with the word "Department".

Section 8. Amend § 124, Title 14, Delaware Code to replace "Board" with "Department" in the first sentence; to delete the words "by the Board" and the words "it and" in the second sentence thereof; and to insert a new paragraph at the end of the existing text to read as follows: "The annual report shall include an assessment of the performance of Delaware's public school system using the information contained in the school profiles published pursuant to § 124A of this title and such other relevant information as is available. Such assessment shall address Delaware's progress in promoting high student achievement for all students, the success of state and local educational initiatives, and the performance of the Department of Education."

Section 9: Amend § 124A, Title 14, Delaware Code to replace "Public Instruction" wherever it appears with "Education"; to delete "Board of Education" in subsection (a); to insert the words "Secretary and" between "the" and "State" in the last sentence of subsection (c); to delete the words "State Board's" in subsection (d)(3) and insert "State's" in lieu thereof; to insert the words "Department, after consultation with the State Board," in lieu of "State Board" in subsection (d)( I I); and to replace "State Board" with "Department" each time it appears in subsection (1).

Section 10: Amend § 125, Title 14, Delaware Code by replacing "(1 2)" with "(13)".

Section 11: Amend § 126, Title 14, Delaware Code, to replace the word "Board" with the word "Department" wherever it appears.

Section 12: Amend § 127, Title 14, Delaware Code by inserting the words "Department of Education with the approval of the" between "The" and "State" in the first line thereof and by replacing all subsequent references to "Board" or "State Board" with "Department".

Section 13: Amend §§ 128-130, Title 14, Delaware Code by deleting them in their entirety.

Section 14: Amend § 131, Title 14, Delaware Code by deleting the words "Board" or State Board" wherever they appear therein and inserting the word "Department" in lieu thereof.

Section 15: Amend § 132, Title 14, Delaware Code by replacing the words "State Superintendent" with "Secretary" in subsection (a); by deleting the words ", upon approval of the State Board of Education" in subsection (a); by replacing the words "Public Instruction" with the word "Education" in subsection (d); and by replacing the words "State Board" with the word "Department" in subsection (e).

Section 16: Amend § 203, Title 14, Delaware Code by inserting the words "Department with the approval of the" between "The" and "State" in the first sentence.

Section 17: Amend § 204, Title 14, Delaware Code by deleting it in its entirety.

Section 18: Amend § 205, Title 14, Delaware Code by inserting the words "Department of Education with the approval of the" between "The" and "State" in the first line thereof.

Section 19: Amend § 206(d) and § 207, Title 14, Delaware Code by replacing the words "of Public Instruction" with "of Education".

Section 20: Amend §§ 403(a) and 407(b), Title 14, Delaware Code, by replacing the words "State Board" with the word "Department".

Section 21: Amend § 408, Title 14, Delaware Code by replacing the existing text of subsection (c) with "The Department of Education shall annually calculate the local cost per pupil expended by each school district for each type of pupil for the school year immediately preceding and shall annually certify each district's local cost per pupil expenditure by September I of each year"; by deleting the word "State Board" in the formula under subsection (d) and inserting "Department" in lieu thereof; and by replacing the words "Public Instruction" in subsection (e) with the word "Education".

Section 22: Amend § 409(6)(3), Title 14, Delaware Code to replace "Public Instruction" with "Education".

Section 23: Amend § 501, Title 14, Delaware Code by replacing "State Board" with "Department of Education".

Section 24: Amend § 503, Title 14, Delaware Code by replacing "Board of Education (hereinafter in this chapter, 'State Board')" with "Department of Education (hereinafter in this chapter, 'Department') with the approval of the State Board of Education (hereinafter in this chapter, 'State Board')" in the first sentence thereof; and by inserting "Department with the approval of the" between "The" and "State" in the last sentence thereof.

Section 25: Amend §§504(b) & § 504A(c), Title 14, Delaware Code to replace the words "State Board" with "Department with the approval of the State Board" wherever they appear.

Section 26: Amend § 509, Title 14, Delaware Code to replace all references to the "State Board" with "Department" and to replace the words "Public Instruction" wherever they appear with the word "Education".

Section 27: Amend § 510, Title 14, Delaware Code, to replace all references to the words "Public Instruction" with the word "Education".

Section 28. Amend § 511, Title 14, Delaware Code to replace the reference to "State Board" in subsection (c) with "Department"; to insert a new sentence after the first sentence of subsection (c) to read as follows "Whenever a charter school seeks a charter from the Department as approving authority, such approval shall require the assent of both the Secretary and the State Board, as shall any action pursuant to §§ 515 and 516 of this chapter.", to replace the reference in subsection (f) to "State Board" with "Department with the approval of the State Board"; and to replace the reference to "State Board" in subsection (k) with "Department".

Section 29: Amend § 512(d), Title 14, Delaware Code to delete the words "Board of Education".

Section 30: Amend § 513, Title 14, Delaware Code to replace the words "Public Instruction" with "Education" wherever they appear; to insert the words ", the Department" in the first sentence of subsection (b) after "authority"; and to replace the words "State Board" in the second sentence of subsection (c) with "Department".

Section 31: Amend §§ 514 and 515, Title 14, Delaware Code to replace "State Board" with "Department" wherever it appears.

Section 32: Amend § 602(c), Title 14, Delaware Code, by deleting the words "Slaw Superintendent of Public Instruction" and "State Superintendent" and inserting in lieu thereof the words "Secretary of Education".

Section 33: Amend § 603, Title 14, Delaware Code, by deleting subsections (b),(c),(e) and relettering the remaining subsections.

Section 34; Amend § 604(a), Title 14, Delaware Code by deleting the words "State Department of Public Instruction or a State Board of Education" as they appear on lines 2-3 therein and substituting in lieu thereof the words "Department of Education or an"; by deleting the words "Public Instruction" on line 5 thereof and inserting the word "Education" in lieu thereof; and by inserting the words "Department with the approval of the" between "the" and "State" in the second sentence.

Section 35: Amend § 604(b), Title 14, Delaware Code by deleting the words "of Public Instruction" wherever they appear and inserting in lieu thereof the word "Education".

Section 36: Amend § 604(c), Title 14, Delaware Code, by deleting the word "Board" and inserting. the word "Department" in lieu thereof.

Section 37: Amend §§ 605, 606, and 607, Title 14, Delaware Code by deleting the words "Superintendent of the Department of Public Instruction", "State Superintendent of Public Instruction", and "State Superintendent of the Department of Public Instruction" wherever they appear and inserting in lieu thereof the words "Secretary of Education".

Section 38: Amend Chapter 8, Title 14, Delaware Code to replace all references to "Public Instruction" with "Education".

Section 39: Amend § 803(a), Title 14, Delaware Code to replace the reference to the "State Board's" with the "Department of Education's".

Section 40: Amend § 803(b), Title 14, Delaware Code to insert the words "Department of Education with the approval of the" between "The" and "State".

Section 41: Amend § 804(a), Title 14, Delaware Code to replace "State Board" where it appears twice therein with "Department".

Section 42: Amend § 805, Title 14, Delaware Code to replace "State Board" in subsection (a) with "Department"; and to insert the words "Department of Education with the approval of the" between "The" and "State" in the first sentence of subsection (b).

Section 43: Amend § 806(a), Title 14, Delaware Code by replacing the reference to "State Board" in the first sentence with "Department"; and to insert the words "Department of Education with the approval of the" between "The" and State" in the fifth sentence thereof.

Section 44: Amend § 807, Title 14, Delaware Code to replace the words "State Board" in subsections (a), (b), (d), and (g) with "Department"; to insert the words "Department of Education with the approval of the" between "the" and "State" in the second and third lines of subsection (c); to replace "State Board" with "Department" in the last line of subsection (c); and to insert the words "Department of Education with the approval of the" between "the" and "State" in subsection (e).

Section 45: Amend § 1029, Title 14, Delaware Code to insert the words "State through its Department of Education as provided in this Code" in lieu of the words "of the State Board of Education" as they appear in subsections (a) and (b) thereof.

Section 46: Amend § 1043, Title 14, Delaware Code to replace the words "State Board of Education" with "State".

Section 47: Amend § 1049, Title 14, Delaware Code to insert the word "State" in lieu of "State Board of Education" and to replace the references to "State Superintendent of Public Education" and "State Superintendent" respectively with "Secretary of Education" and "Secretary" respectively.

Section 48: Amend § 1050, Title 14, Delaware Code to replace "State Board" with "Department".

Section 49: Amend § 1055, Title 14, Delaware Code to replace "State Board of Education" with "Department".

Section 50: Amend § 1056, Title 14, Delaware Code to replace each reference in subsection (c) to "State Board" with "Department"; and to replace the reference to "State Board" in subsection (e) with "Department".

Section 51: Amend § 1057, Title 14, Delaware Code to replace all references to the "State Board" with "Department."

Section 52: Amend § 1058, Title 14, Delaware Code to delete the last 3 sentences and to insert in lieu thereof the following:

"Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served by certified or registered mail within 30 days after receiving notice of the decision upon the Secretary of Education. The Department with approval of the State Board shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary and the Department's counsel, that the local board's decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious, and in such case the State Board shall set forth in writing the legal basis for such conclusion. The decision of the State Board shall be final."

Section 52A: Amend §§ 1062-1063, Title 14, Delaware Code by deleting them in their entirety.

Section 53: Amend § 1083(d), Title 14, Delaware Code by replacing the reference to the "the State Board" with "Education in his or her capacity as Executive Secretary of the State Board" in subsection (d)( I ); and by replacing the words "the State Board of Education" in subsection (d)(2) with "the Department of Education and the Department of Elections" alter the word "Education" as it appears twice in subsection (d).

Section 54: Amend § 1092, Title 14, Delaware Code to insert the words "Department with the approval of the" between the words "the" and "State" in the second line thereof.

Section 55: Amend § 1094(a), Title 14, Delaware Code to replace "State Board" with "Department".

Section 56: Amend § 1101, Title ]4, Delaware Code to replace "State Board" in the second sentence thereof with "Department" and to insert the words "are assigned to the Department of Education with approval of the State Board" between "areas" and "and" in the same sentence.

Section 57: Amend § 1102, Title 14, Delaware Code to replace the reference to "State Board" the first time it appears with "Department" and to insert the words "Department of Education with the approval of the" between "the" and "Board" in the fourth line thereof

Section 58: Amend § 1103, Title 14, Delaware Code, to insert the words "Department of Education with approval of the" between "The" and "State".

Section 59: Amend §§ 1104-1108, Title ]4, Delaware Code to replace all references to "State Board of Education" with "Department of Education with State Board approval".

Section 60: Amend § 1201, Title 14, Delaware Code to insert the words "Department of Education and" immediately before "State Board" as it appears twice in that section, and to delete the words "as the board" and insert in lieu thereof "as the state agency and board".

Section 61: Amend § 1230, Title 14, Delaware Code to insert the words "Department of Education with the approval of the" between "The" and "State" in the first line thereof; and to replace the reference to the "State Superintendent of Public Instruction" with "Secretary of Education".

Section 62: Amend § 1250, Title 14, Delaware Code to insert the words "Department of Education with approval of the" in between the words "The" and "State" in the third sentence.

Section 62A. Amend § 1260, Title 14, Delaware Code to replace references to "State Board" with "Department", and to add a new subsection (c) to read: "(c) Rules and regulations to implement this subchapter shall be proposed by the Secretary subject to approval by the State Board."

Section 62B. Amend § 1261, Title 14, Delaware Code to replace the references in subsections (b) and (c) to "State Board" with "Department"; and to insert the words "Secretary with approval of the" between "the" and "State" in subsection (d).

Section 62C. Amend § 1263, Title 14, Delaware Code to replace references to "State Board" with "Department".

Section 62D. Amend § 1264, Title 14, Delaware Code to replace the references to "State Board" and the "Board" with "Department" in subsection (a); to replace the first reference to "State Board" in subsection (b) with "Department"; and to replace "with existing State Board policies" with "with the Department policy, as approved by the State Board,".

Section 63: Amend §§ 1302, Title 14, Delaware Code, by replacing all the text between and including ", the school district of the City of Wilmington" and "Vocational Education" with "Department of Education"

Section 63A: Amend § 1303, Title 14, Delaware Code to replace "the State Board of Education and the State Board of Vocational Technical Education" with "Department of Education".

Section 64: Amend § 1305(e), Title 14, Delaware Code by replacing the first reference to the "State Board" with the word "Department"; replacing the second reference to the "State Board" with the words "Department with the approval of the State Board"; and replacing the third reference to "State Board" with "Department with the approval of the".

Section 65; Amend § 1307(2), Title 14, Delaware Code by replacing the words "State Board" with "Department with the approval of the State Board".

Section 66: Amend § 1308, Title 14, De/aware Code by deleting the words "having the qualifications required by the State Board of Education and" in subsection (a); and by replacing the words "State Board of Education", and the State Board of Vocational Education" in the first clause of subsection (d) with "Department of Education"; and by replacing the word "Board" where it appears in the second clause of subsection (d) with "Department".

Section 67: Amend § 1309, Title 14, Delaware Code to replace references to "State Board" with "Department".

Section 68: Amend § 1310(b), Title 14, Delaware Code to insert the words "Department with the approval of the" between the words "the" and "State" in the fifth line thereof.

Section 69: Amend §§ 1311-1316 & 1318, Title 14, Delaware Code, by replacing the words "State Board" with "Department" wherever they appear.

Section 69A. Amend § 1321, Title 14, Delaware Code to replace the reference in the heading to "State Board of Education and the State Board of Vocational Education" with "Department of Education".

Section 70: Amend § 1321(a), Title 14, Delaware Code by replacing all references to the "State Board of Education/State Board of Vocational Education" with "Department of Education"; replacing all references to the "State Board of Education and State Board For Vocational Education" with "Department of Education"; and replacing all references to the "State Board" or "Board" with "Department".

Section 70A: Amend § 1321(e)(4), (6), to replace "State Board" with "Department".

Section 71: Amend § 1321(e) (11), (12), Title 14, Delaware Code, by replacing the words "State Board of Education" and "State Board of Education for that use" with "Department of Education for that use, provided that the State Board may review any objection to the Department decision" where they appear respectively in subsections (11) and (12).

Section 72. Amend § 1321(e)(15), Title 14, Delaware Code by replacing the words "State Board" with "Department with the approval of the State Board" in subsection (c)(15) a.; by replacing references to "State Board" with "Department" in subsection (I 5)b, and by inserting the words ", provided that the State Board may review any objection to the Department's decision" between "Education" and the period "." in the last sentence thereof; and by replacing "State Board" in (e)(15) c. with "Department with the approval of the State Board".

Section 73. Amend § 1321(e)(16), Title 14, Delaware Code by replacing "State Board" in the second sentence of (e)(16) with "Department with the approval of the State Board" and by inserting the words ", provided that the State Board may review any objection to the Department's decision" between "use" and the semicolon ";" in the last sentence of that subsection.

Section 74. Amend § 1321(e)(17), Title 14, Delaware Code by inserting "Department with the approval of the" between "the" and "State" in the first sentence.

Section 75: Amend § 1321(f), (g), Title 14, Delaware Code to replace the words "State Board" with "Department".

Section 76: Amend § I 322(a), Title 14, Delaware, Code by replacing the first reference to "State Board" in subsection (a) with "Department with the approval of the State Board".

Section 77: Amend § 1323, Title 14, Delaware Code, to delete it in its entirety.

Section 78: Amend § 1324(a), Title 14, Delaware Code to replace "State Board of Education approved" with "state-approved".

Section 79: Amend § 1329, Title 14, Delaware Code to replace "State Board" with "Department".

Section 80: Amend § 1330, Title 14, Delaware Code, to replace the words "State Board of Education and the State Board for Vocational" with the words "Department of",

Section 81: Amend § 1331(b), Title 14, Delaware Code to insert with "Department with the approval of the" between "the" and "State".

Section 82: Amend § 1332(a), (c), Title 14, Delaware Code to replace "State Board" with "Department with the approval of the State Board" in the first, third and fourth sentences of subsection (a) and the first sentence of subsection (c).

Section 83. Amend § 1332(d), Title 14, Delaware Code to replace the references to "State Board" with "Department" in the last sentence thereof and to insert the words ", provided that the State Board may review any objection to the Department's decision" before the period "." in that sentence.

Section 84. Amend § 1332(e), Title 14, Delaware Code to replace the reference to "State Board of Education" with "Department" in the second sentence thereof and to insert the words ", provided that the State board may review any objection to the Department's decision" before the period "." in that same sentence.

Section 85. Amend § 1332(f), Title 14, Delaware Code to insert the words "Department with the approval of the" between "The" and "State" in the first sentence and the second sentence.

Section 86: Amend §1501, title 14, Delaware Code to delete the existing text in its entirety and substitute in lieu thereof the following:

"§ 1501. Support of Free Public Schools.

The free public schools of the State shall be maintained and supported by such moneys as shall be appropriated from time to time by the General Assembly, local school tax revenues generated and payments received in accordance with this title, payments received in accordance with chapters 4, 5, and 6 of this title, and appropriated and non-appropriated special funds otherwise authorized or legally acquired. Funds appropriated or otherwise allocated to the Department of Education on behalf of the public schools of this State shall be administered by the Department in accordance with the provisions of this title or other applicable state or federal laws and regulations."

Section 87: Amend §1504, Title 14, Delaware Code, by deleting the phrase "such money as is derived from the income from the State School Fund"; by replacing the references to "State Board of Education" with "Department of Education"; by deleting the second reference to "items"; and by deleting the phrase "its President, or its Vice President, and its Secretary" and substituting in lieu thereof the phrase "Secretary or his or her designee."

Section 87A: Amend § 1505, Title 14, Delaware Code, by deleting the section in its entirety and substituting in lieu thereof the following:

"§ 1505. Limitation on Terms of Contracts.

No contract for public school purposes that is predicated on the availability of state funds shall be made to extend beyond the fiscal year covered by the current appropriation of the General Assembly in effect at the time of the making of such contract, unless all of the funds required to satisfy the obligation are available for encumbrance, or a cancellation provision should funds not be subsequently appropriated is included in the original contract. This provision does not apply to contracts involving the expenditure of moneys raised by bond issues or advance purchase orders for instructional materials duly authorized by the Secretary of Finance."

Section 88: Amend § 1506(a), Title 14, Delaware Code, by deleting said paragraph in its entirety and substituting in lieu thereof the following:

"(a) The Auditor of Accounts shall each year as soon as possible after July 1 audit the business and financial transactions, the records, and accounts of the Department of Education, the State Board of Education, the Delaware Center for Education Technology, the Delaware Advisory Council for Career and Vocational Education and the boards of education of the school districts."

Section 88A: Amend § 1506(b), Title 14, Delaware Code, by deleting the words "State Board of Education" as they appear therein and substituting in lieu thereof the words "Auditor of Accounts."

Section 88B: Amend § 1506 (c) and (d), Title 14, Delaware Code, by deleting the words "State Board" as they appear therein and substituting in lieu thereof the word "Secretary."

Section 88C: Amend § 1506(e), Title 14, Delaware Code, by adding after the word "discovered" the following phrase:

"unless the Budget Director and the Controller General agree that the timing of the discovery or the potential impact on the affected district is such that satisfying the obligation in part or in its entirety should be deferred until the next ensuing fiscal year."

Section 89: Amend § 1509, Title 14, Delaware Code, by replacing the words "State Board" as they appear therein in the first paragraph and therein in the last paragraph with the word "Secretary"; and by replacing the words "State Superintendent of Public Instruction" with "Secretary of Education" wherever they appear.

Section: 89A. Amend §§ 1502 and 1503, Title 14, Delaware Code, to delete them in their entirety and renumber the remaining §§ 1504 through 1509 of Title 14 accordingly.

Section 90: Amend 55 1601-1603, Title 14, Delaware Code to insert the words "Department" in-lieu of the words "State Board" wherever they appear.

Section 91: Amend 55 1604-1605, Title l4, Delaware Code to replace "State Board" with "Department" wherever it appears.

Section 92: Amend 5 1605A, Title 14, Delaware Code to replace "Public Instruction" in the first sentence with "Education".

Section 93: Amend 5 1606, Title 14, Delaware Code to insert the word "Department" in lieu of "State Board' in the first and second sentences thereof and to add the following sentence at the end of the second sentence: "The State Board shall be advised of any waiver of a regulation it must promulgate or approve, and may deny such waiver within thirty days or by the next regularly scheduled meeting, whichever is earlier, of the waiver's approval by the Department."

Section 94: Amend § 1607, Title 14, Delaware Code to replace "State Board" with "Department".

Section 94A. Amend § 1701, Title 14, Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:

"§ 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 Assembly deems appropriate."

Section 95: Amend § 1702(b), Title 14, Delaware Code by replacing "State Board" with "Department".

Section 96: Amend § 1703(b),(c), Title 14, Delaware Code by replacing "State Board" and "Board" as they appear in subsection (b) with "Department"; and by replacing "State Board" in subsection (c) with "Department"; and by deleting the following phrases in their entirety from subsection (c):

"Beginning July 1, 1977 48 pupils

Beginning July 1, 1978 46 pupils

Beginning July 1, 1979 42 pupils".

Section 97: Amend § 1703(d), Title 14, Delaware Code, to insert the words "Department of Education with the approval of the" immediately before "State Board" each time those words appear; and to insert the words "or intensive learning center program" between the word "center" and the word "approved" as they appear in the third to last sentence of the subsection.

Section 98: Amend § 1703(e), (f), Title 14, Delaware Code, to replace "State Board" with "Department".

Section 99: Amend § 1703(g), (h), (j), Title 14, Delaware Code, to replace "State Board" wherever it appears therein with "Department".

Section 100: Amend § 1703(k), (m), Title 14, Delaware Code by inserting the words

"Department of Education with the approval of the" between "the" and "State" in the first sentence of subsections (k), (1) and (m) respectively; and to replace "Board" with "Department" in the fifth sentences of subsections (I) and (m).

Section 101: Amend § 1703(n), Title 14, Delaware Code to insert "Department of Education with the approval of the" before the first reference to "State Board" and to replace the second reference to "State Board" with "Department".

Section 102: Amend § 1703(o), Title 14, Delaware Code to insert "Department, provided that the State Board may review any objection to such use" in lieu of "State Board" in the second sentence.

Section 103: Amend § 1704, Title 14, Delaware Code by replacing "State Board" with "Department" wherever it appears therein.

Section 104: Amend § 1706, Title 14, Delaware Code by replacing "State Board" with "Department".

Section 105: Amend § 1707(i), Title 14, Delaware Code by replacing the words "President of the State Board" with "Secretary of the Department".

Section 106: Amend § 1708(a), Title 14, Delaware Code, by deleting it in its entirety and inserting in lieu thereof the following:

"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."

Section 106A: Amend § 1708 (c), Title 14, Delaware Code, by deleting the words "State Superintendent of Public Instruction" and inserting in lieu thereof the words "Secretary and Deputy Secretary of Education."

Section 107: Amend § 1710, Title 14, Delaware Code by deleting said section in its entirety and inserting in lieu thereof the following:

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 arc completed,"

Section 107A: Amend § 1713, Title 14, Delaware Code, by deleting it in its entirety.

Section 108: Amend § 1714, Title 14, Delaware Code, by deleting the first sentence in its entirety and inserting in lieu thereof the following:

"The Advanced Real Property Acquisition Revolving Fund authorized by Title 29, Delaware Code, and administered by the Budget Commission may be used for the acquisition of school sites in anticipation of the need for construction of new school buildings."

Section 108A: Amend § 1714, Title 14, Delaware Code, by deleting the words and shall deposit the receipts in the General Fund of the State" in the last sentence of the first paragraph and inserting in lieu thereof the following:

"and shall repay the Advanced Real Property Acquisition Revolving Fund and deposit any excess receipts in the General Fund of the State"

Section 108B: Amend § 1714, Title 14, Delaware Code by replacing the words "State Board" wherever they appear with "Department".

Section 109: Amend § 1716, Title 14, Delaware Code to replace "State Board" with "Department".

Section 110: Amend § 1716A., Title 14, Delaware Code to replace "State Board" in subsections (c) and (d) with "Department with approval of the State Board"; and to replace "State Board" with "Department" in subsection (h) and to add the words ", provided that the State Board may review any objection to the Department's decision" between "use" and the period ".".

Section 111: Amend § 1717, Title 14, Delaware Code by deleting subsections (a), (b) and (c) in their entirety and redesignating the remaining existing subsections as subsections (a), (b) and (c).

Section 112: Amend § 1718, Title )4, Delaware Code to replace "the State Board of Education and the State Board for Vocational Education are" with "the Department of Education

Section 113: Amend § 1719. Title 14, Delaware Code, by deleting it in its entirety and inserting in lieu thereof the following:

"§ 1719. Adjustment of Appropriations.

(a) 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 shall transfer sufficient funding from its Growth and Upgrade General Contingency and/or such other sources as the Budget Director may approve, to the school districts in order that all duly certified units are adequately funded. To the extent that the actual certified unit count of any individual district is less than the amount of units initially allocated to that district by the Department, the district's state funding shall be reduced accordingly by the Department and the Budget Director."

Section 114: Amend § 1720, Title 14, Delaware Code to replace "State Board" wherever it appears with "Department" and to delete the words "of Public Instruction".

Section 115: Amend § 1721(a), Title 14, Delaware Code by inserting "Department as approved by the between "the" and "State".

Section 116: Amend § 1722(c), Title 14, Delaware Code to replace "Superintendent of the Department of Public Instruction" with "Secretary of Education".

Section 117: Amend § 1723, Title 14, Delaware Code by replacing "State Board" with "Department".

Section 118: Amend Chapter 18, Title 14, Delaware Code by deleting it in its entirety.

Section 119: Amend § 1902(a), Title 14, Delaware Code by replacing "State Board" with "Department".

Section 120: Amend § 1909 and 1910, Title 14 of the Delaware Code, by replacing the phrase "State Board of Education" wherever it appears in those sections with the phrase "Commissioner of Elections."

Section 120A. Amend § 1918(b), Title 14, Delaware Code to replace "State
Superintendent of Public Instruction" with "Secretary of Education".

Section 121: Amend § 1919, Title 14, Delaware Code to replace "State Board" with "Department".

Section 122: Amend §§ 2002-2004, Title 14, Delaware Code, to replace "State Board" wherever it appears therein with "Department".

Section 123: Amend § 2005, Title 14, Delaware Code to replace "State Board" wherever it appears with "Department".

Section 124: Amend §§ 2102, 2106 & 2119, Title 14, Delaware Code by replacing "State Board" wherever it appears therein with "Department".

Section 125: Amend § 2105, Title 14, Delaware Code by replacing "State Board of Education" with "Commissioner of Elections".

Section 126: Amend § 2123, Title 14 of the Delaware Code, by striking the phrase "State Board of Education, which shall sit," as it appears in the first sentence and by substituting in lieu thereof the phrase "Commissioner of Elections, who shall,"; by striking the word "and" where it appears in the first sentence between the phrases "after the vote," and "canvass the vote"; by striking the phrase "the Board of Education shall" where it appears in the second sentence and by substituting in lieu thereof the phrase "the Department of Elections shall"; by replacing all references to "State Board of Education" wherever they appear therein with "Department of Elections"; and by inserting a new last sentence to read: "The Commissioner of Elections shall notify the Secretary of Education of the election results no later than the fifteenth day after the vote."

Section 127: Amend § 2124, Title 14, Delaware Code to replace "State Board" with "Department".

Section 128: Amend Chapter 23, Title 14, Delaware Code to replace references to "State Board" wherever they occur with "Department"; to replace the phrase "such boards" in § 2303 (a) with "the Department and the school board"; to insert the word "board" between "local" and "and" in the first sentence of § 2305(c) thereof and replace "Boards" with "Department" therein; and to delete "boards" in the second sentence of § 2305(c).

Section 129: Amend § 2602(b)(1), Title 14, Delaware Code to replace the words "Public Instruction designated by the State Board" to "Education designated by the Secretary".

Section 130: Amend § 2604(a), Title 14, Delaware Code to replace "State Board" in the first sentence thereof with "Department".

Section 131: Amend §2703, Title 14 of the Delaware Code, by deleting it in its entirety and by inserting in lieu thereof the following:

"§2703. Private School Attendance or Other Educational Instruction.

(a) Section 2702 of this title shall not apply to any student enrolled in a private school who is receiving regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement, provided that such private school is subject to and in compliance with § 2704 of this chapter. For the purposes of this section, any student who is home schooled in affiliation with a home school association or organization registered with the Department of Education shall also be exempt from the provisions of § 2702 of this title.

(b) The provisions of § 2702 of this title shall not apply to any student who is home schooled and who is not affiliated with a home school association or organization registered with the Department of Education, provided that the student's instruction is accomplished under the auspices of the local school district superintendent of the district in which the student resides. The local superintendent shall determine in writing that the student is or will be provided with regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement."

Section 132: Amend § 2704, Title 14, Delaware Code to replace "State Board" wherever it appears with "Department",

Section 133: Amend § 2706 (b), Title 14, Delaware Code by inserting "Department of Education with the approval of the" between "the" and "State".

Section 134: Amend § 2710, Title 14, Delaware Code by replacing "State Board" with "Department of Education" .

Section 135: Amend § 2802, Title 14, Delaware Code to insert the words "or a program or between 180 and 230 days" at the end of the existing text and before the period ".".

Section 136: Amend § 2803, Title 14, Delaware Code by replacing the existing section with a new section to read as follows:

"§ 2803. Local Funds.

Any local district initiating an expanded school-year program must provide such program within the limits of state funding it would receive absent its decision to operate such program; provided, however, that nothing in this section shall preclude a district from using existing or additional local, federal or other non-state funding for the provision of an expanded school year program."

Section 137: Amend § 2804, Title 14, Delaware Code by deleting the words "State Board of Education must approve such expanded program, by a formal resolution, at least three months before such plan is submitted to referendum" in subsection (a) and by inserting in lieu thereof "Secretary of Education and Budget Director must approve such expanded program at least 4 months before such plan is implemented"; and by deleting subsection (c).

Section 137A: Amend § 2804, Title 14, Delaware Code by deleting existing subsection (b) in its entirety and substituting in lieu thereof the following:

"(b) Such plan must clearly provide for teacher option for employment and must provide slate compensation for days beyond the regular 185 day work year at a daily rate equal to 1/185th per day of the state teacher salary schedule in effect."

Section 138: Amend § 2805, Title 14, Delaware Code to insert the words "or a program of between 180 and 230 days" between the words "system" and "for" as they appear twice in that section.

Section 139: Amend § 2901, Title 14, Delaware Code to delete the existing text between the word "The" and the word "by" in the first sentence of subsection (a) and replace it with "The Secretary of Education, with the approval of the State Board of Education and," and to replace every subsequent reference to "State Board" with "Department".

Section 140: Amend §§ 2902-2904, Title 14, Delaware Code to replace "State Board" wherever it appears therein with "Department".

Section 141: Amend § 2905, Title 14, Delaware Code to insert the words "Department of Education with the approval of the" between "The" and "State" in the first sentence thereof and to replace "State Board" in subsection (2) with "Department".

Section 142: Amend §§ 2907-2909, Title 14, Delaware Code by replacing all references to "State Board" with "Department".

Section 143: Amend § 2910, Title 14, Delaware Code to delete the words "of Public Instruction" wherever they appear.

Section 144: Amend Chapter 30, Title 14, Delaware Code to replace all references to the "Department of Public Instruction" with "Department of Education".

Section 145: Amend § 3101, Title 14, Delaware Code to replace the words "State Board of Education rules and regulations" in the first sentence of subsection (2) with "Department of Education rules and regulations approved by the State Board of Education"; to replace the references to "State Board" and "Board" respectively in subsection (2) b. with "Department" and "Department as approved by the State Board" respectively; to replace the reference to "State Board of Education" in the penultimate sentence of subsection (2) with "Department, provided that the State Board may review any objection to the Department's decision"; to replace the reference to "State Board" in the last sentence of subsection (2) with "Department"; to replace the reference to "the State Board of Education" in subsection (4) with "Department of Education rules and regulations approved by the State Board of Education"; and to insert "Department and the" in subsection (8) between "the" and "State".

Section 146: Amend § 3110, Title 14, Delaware Code by replacing "State Board" in subsection (a) with "Department" and by adding the words ", with the approval of the State Board," between "that" and "shall" in that subsection; by replacing the words "State Board of Education" in subsection (b) with "Department of Education with the approval of the State Board of Education"; and by replacing "State Board of Education" in subsection (c) with "Department of Education, with the approval of the State Board of Education,".

Section 147: Amend § 3111, Title 14, Delaware Code by inserting the words

"Department of Education, the" between "the" and 'State' in the first sentence thereof.

Section 148: Amend § 3120, Title 14, Delaware Code to replace "State Board of Education" with "Department with the approval of the State Board" in the first sentence therein; and to replace "State Board" with "Department" in the second sentence.

Section 148A. Amend subchapter Ill, chapter 31, Title 14, Delaware Code, to replace the subchapter heading "Handicapped Persons" with "Persons with Disabilities' and replace all subsequent references to "handicapped", "handicap", or "handicaps", respectively with "disabled", or "disability", or "disabilities" respectively.

Section 149: Amend § 3121, Title 14, Delaware Code to insert the words "the Education approved by" between "regulations of and "of the" in the first sentence thereof.

Section 150: Amend § 3122, Title 14, Delaware Code to insert the words "Department of Education with the approval of the" between "The" and "State" in the second sentence thereof.

Section 151: Amend § 3123, Delaware Code to replace "State Board of Education" with "Department of Education, provided that the State Board may review any objection to the Department's decision" in the second sentence of subsection (a); to replace "State Board of Education" with "Department with State Board approval" in the third sentence of subsection (a); to replace "State Board of Education" with "Department with State Board approval" in the first sentence of subsection (b); and replace "State Board" with "Department with the approval of the State Board" in subsection (b)(4).

Section 152: Amend § 3124, Title 14, Delaware Code to replace "State Board" with "Department" in the second sentence of subsection (a); to replace "State Board" with "Department" in the third sentence of subsection (a); to replace "State Board of Education" with "Department" in the last sentence of subsection (a); to replace "Superintendent of Public Instruction" in subsection (b) with "Secretary of Education"; to replace "State Board" with "Department approved by the State Board" in the first sentence of subsection (c)

Section 153: Amend § 3126, Title 14, Delaware Code to replace "State Board" with "Department as approved by the State Board".

Section 154: Amend § 3132, Title 14, Delaware Code by replacing "State Board" with "Department with the approval of the State Board" in the first sentence thereof.

Section 155: Amend ,§§ 3135-3137, Title 14, Delaware Code to replace all references to "State Superintendent of Public Instruction" with "Secretary of Education."

Section 156: Amend § 3137(e), Title 14, Delaware Code to replace "State Board" with "Department with approval of the State Board".

Section 157: Amend §§ 3138, 3139, and 3142(c), Title 14, Delaware Code to replace references to "State Superintendent of Public instruction " with "Secretary of Education".

Section 158: Amend § 3202, Title 14, Delaware Code to delete the words "State Board of Education, hereinafter referred to as the 'Board.'" and insert in lieu thereof "Department of Education."

Section 159: Amend § 3204, Title 14, Delaware Code to replace "Board" with "Department".

Section 160: Amend § 3310, Title 14, Delaware Code to replace the existing title with "Duties of State Department of Education In The Area of Vocational Education."; to replace the words "State Board for Vocational Education" with "Department of Education" wherever they appear therein; to delete "Prescribe" and to insert in lieu thereof the words "With the approval of the State Board, prescribe" at the beginning of subsection (4); and to replace the reference to the "State Department of Public Instruction" with "Department".

Section 161: Amend § 3451(a), Title 14, Delaware Code to replace "State Board" with "Secretary".

Section 162: Amend § 3457, Title 14, Delaware Code to replace "Superintendent of the Department of Public Instruction" with "Secretary of Education".

Section 163: Amend § 3502(a), Title 14, Delaware Code to replace each reference to "State Board" with "Department".

Section 164: Amend § 3503, Title 14, Delaware Code, to replace the words "State Board for Vocational Education" with "Secretary or Deputy Secretary of Education".

Section 165: Amend § 3504, Title 14, Delaware Code to replace "State Board" with "Department".

Section 166: Amend § 3505, Title 14, Delaware Code to replace "State Superintendent of Public Instruction" with "Secretary of Education".

Section 167: Amend § 3701, Title 14, Delaware Code to delete it in its entirety and to insert in lieu thereof a new section that reads as follows:

"§ 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 Secretary of Education, with a copy to the State Risk Manager, a written communication giving detailed information respecting the fire or other casualty stating, among other things, the name of the school building and local school district where the fire or other casualty occurred and a description of the building and equipment with the cost or approximate value thereof"

Section 167A: Amend §3702, Title 14, Delaware Code to delete it in its entirety and to insert in lieu thereof a new section that reads as follows:

"§ 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 an amount which, in the sole judgment and discretion of the Governor, is appropriate for such rebuilding and replacement."

Section 167B: Amend § 3703, Title 14, Delaware Code, to delete it in its entirety and to insert in lieu thereof a new section that reads as follows:

"§ 3703. Replacement of property, disbursements.

The State Budget Director and State Risk Manager shall authorize the transfer and expenditure of funds allocated pursuant to § 3702 of this title."

Section 167C: Amend existing § 3704 and § 3705, Title 14, Delaware Code, to delete them in their entirety.

Section 167D: Amend § 3706, Title 14, Delaware Code, by replacing the words "Board of Education" as they appear in subsection (a) with the words "Risk Manager"; by deleting the words "made in the school districts outside of the City of Wilmington" as they appear in subsection (a); by replacing the word "Board" as it appears before the word "therefor" in subsection (a) with the word "State"; by deleting subsection (b) in its entirety; and by renumbering the section as § 3704 of Title 14.

Section 167E: Amend § 3707, Title 14, Delaware Code, by replacing the words "State Board of Education and the Board of Public Education in Wilmington" with the words "Department of Education and local school districts"; and by renumbering the section as § 3705 of Title 14.

Section 168: Amend § 3804(a), Title 14, Delaware Code to replace the words "of Public Instruction, 1 of whom shall be the Superintendent of Public Instruction; and a drug and/or alcohol prevention specialist employed by the State School Board of Education or by the Department of Public Instruction." in the second sentence thereof with "of Education, / of whom shall be the Secretary of Education; and a drug and/or alcohol prevention professional employed by the Department of Education."

Section 169: Amend § 3807, Title 14, Delaware Code to replace "State Board" with "Department".

Section 170: Amend § 4103(b), Title 14, Delaware Code to insert the words "Department of Education with the approval of the" between "the" and "State" in the second sentence thereof.

Section 171: Amend 5§ 4104, 4106, Title 14, Delaware Code to replace references to "State Board" wherever they appear with "Department".

Section 172: Amend 5 4111(a)(2), Title 14, Delaware Code to replace "Public Instruction" in the second sentence with "Education".

Section 173: Amend § 4112, Title 14, Delaware Code to replace all references to "Public Instruction" with "Education" and to delete the words "and the superintendent of each attendance zone of the New Castle County School Districts".

Section 174: Amend § 4116(a), Title 14, Delaware Code to insert the words "Department of Education with approval of the" between the "The" and "State" in the first sentence.

Section 175: Amend § 4118, Title 14, Delaware Code to replace references to "State Board" wherever they occur with "Department".

Section 176: Amend Chapter 42, Title 14, Delaware Code to replace all references to the "Department of Public Instruction" and "State Superintendent of Public Instruction" or "State Superintendent" respectively with "Department of Education" and "Secretary of Education" respectively.

Section 177: Amend § 4201 & 4203(a), Title 14, Delaware Code by inserting the words "State of Delaware through the Department of Education and its" between "the" and "State" in the first sentence thereof.

Section 178: Amend § 4203, Title 14, Delaware Code to replace the references to 'State School Board' in subsection (c) and 'State Board' in subsection (0 respectively with 'Department of Education' and "Department' respectively; and by adding a new paragraph (g) to read as follows: "The Center, in partnership with Department of Education and the Office of Information Systems, is authorized to establish statewide policies and procedures for the access of state-provided computer networks. This includes, but is not limited to, acceptable use and copyright policies. Statewide policies will be developed through a collaborative process involving major education constituencies. School districts may develop more restrictive policies and procedures but school districts may not modify their procedures to bypass state requirements".

Section 179: Amend § 4205(a), (b), Title 14, Delaware Code to insert the words ", the Department of Education" between "Assembly" and "and" in the first sentences thereof.

Section 180: Amend §§ 5302, 6511, Title 14, Delaware Code to replace references to "State Board" and "Board" with "Department".

Section 181: Amend Chapter 81, Title 14, Delaware Code, to delete it in its entirety.

Section 182: Amend § 8212, Title 14, Delaware Code to replace references to the "State Superintendent of Public Instruction" with "Secretor), of Education"; and to replace the words "State Board" in the last sentence with "Department".

Section 183. Amend § 8304, Title 14, Delaware Code to replace "Public Instruction" with "Education".

Section 184: Amend § 8501(3), Title 14, Delaware Code to delete it and replace it with "(3) 'Secretary' means the Secretary of Education."

Section 185: Amend § 8502(a), Title 14, Delaware Code to delete the existing text and replace it with:

"(a) The Secretary of Education shall appoint an advisory committee of 5 persons whose function it shall be to advise the Secretary relative to the administration of this chapter in regard to policies concerning the conduct of private business schools serving clients in the State."

Section 186: Amend Chapter 85, Title 14, Delaware Code to replace all references to the "State Superintendent of Public Instruction" or "Department of Public Instruction" respectively with "Secretary of Education" and "Department of Education' respectively.

Section 187: Amend § 8502(d), Title 14, Delaware Code to replace "State Board" with "Department".

Section 188: Effective upon the amendment of 8 Del. C, § 125 to enable the Department of Education to approve the certification of private trade schools, amend § 8503, Title 14, Delaware Code to replace "Board" wherever it appears with "Department".

Section 189: Effective upon the amendment of 8 Del, C, § 125 to enable the Department of Education to approve the certification of private trade schools, amend § 8504, Title 14, Delaware Code to replace "Board" with "Department".

Section 190: Effective upon the amendment of 8 Del C. § 125 to enable the Department of Education to approve the certification of private trade schools, amend §§ 8504-8530, Tide 14, Delaware Code to replace all references to "State Board" or "Board" with "Department" and to delete § 8528.

Section 191: Amend § 8603(1), Title 14, Delaware Code to insert the words "Department of Education and" in between "the" and "State" in the first line thereof.

Section 192: Amend § 8902, Title 14, Delaware Code to delete the words "current guidelines which have been developed by the State Board of Education" in the first sentence and insert in lieu thereof "guidelines developed by the Department of Education"; and to replace the words "Public Instruction" in the first sentence with "Education".

Section 193: Amend § 8904(a), Title 14, Delaware Code to replace "State Board' with "Department".

Section 194: Amend § 8905(a), Title 14, Delaware to replace "State Board" with "Department of Education".

Section 195: The provisions of this Act which address the tenure of current employees of the Department of Education shall not be effective as to any individual employee until the expiration of any contract between the State and such employee in effect on the effective date of this bill.

Section 196: Any rules and regulations of the State Board of Education existing, prior to the effective date of this Act shall remain in full force and effect until otherwise modified in accordance with Delaware Law; provided, however, that if any rule or regulation heretofore adopted shall conflict with any of the provisions of this Act, the language contained in this Act shall prevail over that contained in such rule or regulation.

Section 197: Contracts issued prior to the effective date of this bill by the State Board of Education shall continue in force with the Department of Education as the. successor to the State Board of Education.

Section 198. This bill shall become effective 15 days after its signature into law.

Approved July 16, 1997