Delaware Code Online

§ 1001. Purpose.

(a) The purpose of this subchapter is to continue the statewide process of reorganization of school districts begun under the School District Reorganization Act of 1968; to preserve the historic concept of semiautonomous locally controlled school districts throughout the State; to provide a procedure for the effective and orderly reorganization of certain existing school districts in Delaware; and to provide a framework of a governance system for such reorganized districts.

(b) It is the further purpose and intent of the General Assembly to establish policy, procedures, standards and criteria under which the State Board of Education is authorized to determine and establish an appropriate reorganized school district or school districts and to implement the reorganization thereof. Any plan or rules and regulations duly adopted in accordance with this subchapter and § 1028(k) of this title by the State Board of Education for its implementation of such a plan shall be binding upon the parties involved in accordance with § 122(a) of this title.

14 Del. C. 1953, § 1001; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, § 1;

§ 1002. Definitions.

Unless otherwise defined in this chapter:

(1) “Component former school board” means the board of education of any component former school district or component school district.

(2) “Component former school district” or “component school district” means a school district, as constituted on July 1, 1977, which comprises in whole or in part a reorganized school district on or after July 1, 1978.

(3) “Reorganized school district” or “newly reorganized school district” means a school district which is constituted and established in accordance with this chapter, provided that “reorganized school district” or “newly reorganized school district”, for the purposes of this subchapter and § 1028(k) of this title, shall not include any district specifically created to administer a system of vocational and/or technical education.

(4) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with this chapter.

(5) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area provided that “school district” shall not, for the purposes of this subchapter and § 1028(k) of this title, include any district specifically created to administer a system of vocational and/or technical education.

14 Del. C. 1953, § 1002; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, § 4;

§ 1003. Criteria.

The State Board of Education is hereby authorized and empowered to reorganize school districts pursuant to this chapter. Any such reorganization shall meet at least the following criteria:

(1) Provide a complete instructional program for grades 1 through 12 except as may be provided for vocational and/or technical education;

(2) Be composed of whole component school districts or parts of component school districts or any combination of whole and parts of component school districts without regard to any specific provisions of this chapter which would otherwise require the preservation of the boundaries of any component school district.

14 Del. C. 1953, § 1003; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1;

§ 1004. Implementation; date of reorganization.

Whenever any school district is reorganized either by consolidation of whole or parts of whole districts into a new district or districts or by division of a district or by a combination of consolidation and division of districts, the State Board of Education shall set the date upon which the implementation of the reorganized district or districts shall occur, after which date the reorganized district or districts shall be organized and administered according to this title and the school board of the former school district shall be dissolved.

14 Del. C. 1953, § 1004; 56 Del. Laws, c. 292, § 6; 57 Del. Laws, c. 56, § 1; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, § 5;

§ 1005. Employee’s right to fair dismissal; seniority.

Nothing in this chapter shall be deemed to alter or affect in any way either Chapter 14 of this title or the right to terminate the employment of any school employee to whom Chapter 14 of this title does not apply, for cause or for any other reasons not inconsistent with the purpose of this section, except that, for purposes of § 1403 of this title, a teacher as defined in § 1401 of this title who is and has been continuously employed among a district created by a division under § 1028(k) of this title, the district divided under § 1028(k) of this title and 1 of its component former school districts shall be deemed to have been continuously employed by the new district to which that teacher has been assigned for the entire term of that teacher’s continuous employment in the several school districts.

14 Del. C. 1953, § 1005; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, § 6; 70 Del. Laws, c. 186, § 1;

§ 1006. Deployment of school employees in each reorganized school district.

(a) The State Board of Education shall devise a fair and equitable procedure for the deployment of school employees among and within the districts reorganized pursuant to this subchapter and § 1028(k) of this title which will be consistent with the criteria for reorganization set out in § 1003 of this title.

(b) Any school district which is eligible for division pursuant to § 1028(k) of this title shall include in every employment contract into which it enters after July 8, 1980, a statement providing that the contract shall not be binding on any district created by such division.

14 Del. C. 1953, § 1008; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, § 7;

§ 1007. Interim boards; membership; authority.

(a) When a reorganized school district, excluding a vocational-technical school district, is divided pursuant to this subchapter and § 1028(k) of this title, there shall be an interim board of education for each district being created. The interim board of education shall have 7 members, one of whom resides in each nominating district. Each member of the board of education of the district being divided shall become a member of the interim board of the district being created and from the nominating district in which that member resides, provided that the member’s term on the interim board shall terminate on the date on which that member’s term on the board of education of the district being divided terminates. Any person who succeeds a member of the board of the district being divided shall also succeed that person as a member of the interim board. Except with regard to persons appointed to fill vacancies, the remainder of the members of the interim board of education shall be chosen by election pursuant to the following procedure:

(1) Candidates for the interim board of education shall be nominated in accordance with § 1075 of this title except that a nominee must be a resident of the nominating district that nominee will represent;

(2) A nominating petition in support of any nominee may be signed by any resident of the school district qualified to vote in the election proposed;

(3) Election of members of the interim board shall be at large in the geographic area encompassed by the school district being created, provided that no person may vote for more than 1 person who resides in each nominating district;

(4) The election shall be conducted in accordance with subchapter IV of this chapter; provided, however, that:

a. The election shall be held within 130 days of the approval by the State Board of Education of the plan for division of the district pursuant to § 1028(k) of this title on a date chosen by the department of elections of the county in which the district is located after consultation with the State Board of Education or its designee; provided, however, that it shall not be held in November or December;

b. The election shall be conducted by the department of elections of the county in which the district is located. The cost of the election shall be borne by the school district being divided;

c. In the case of a tie between nominees from the same nominating district, the member shall be chosen by a run-off election to be held within 30 days.

(b) Not later than 10 calendar days after the election of the members of an interim board, the President of the State Board of Education or the President’s designee shall meet the new board and swear in the members and shall on the same occasion instruct the board immediately to organize according to this chapter.

(c) Each new board so organized shall serve as an interim board of education for the reorganized district until the date set by the State Board of Education for the establishment of the new school district according to § 1004 of this title.

(d) Each interim board shall have all of the authority of a board of education as set forth in this title for the sole purpose of planning and preparing for the establishment of a reorganized school district to be established on the date set by the State Board of Education. The authority herein granted to each interim board may include but is not limited to the authority to set tax rates in accordance with this title, negotiate contracts, employ personnel for assignment as of the date of implementation of the new district and select a name for the reorganized school district.

(e) The interim board may employ personnel for immediate assignment to execute the policies of the interim board.

(f) All persons elected to the interim board or appointed to fill a vacancy shall be members of the interim board until it is dissolved on the date selected by the State Board of Education pursuant to § 1004 of this title for implementation of the reorganization. A vacancy on the interim board shall be filled by the remaining members of the interim board who shall appoint a person who resides in the nominating district in which that person’s predecessor resided.

(g) Each interim board shall devise a budget to support its operation during the period from the date of its organization until the date set by the State Board of Education for implementation of the new district and present that budget to the State Board of Education for review and approval on a date set by the State Board of Education which shall be not more than 30 calendar days after the date that the interim board is organized. The State Board of Education shall approve or make modifications in and approve the budget not later than 10 days after it is presented by the interim board.

(h) If the district being divided or consolidated fails to contribute to the interim board the amount assessed against it, according to this section, within 10 calendar days of receipt of the statement of assessment delivered by certified mail, the interim board shall report the delinquency to the State Board of Education, which shall in turn verify the delinquency and certify its finding to the Secretary of Finance. Upon certification of the Secretary of Finance, the State Treasurer shall pay the assessed amount to the interim board from such funds as are available in the state and local district accounts for the delinquent district.

(i) Prior to the organization of the interim board, the State Board of Education shall engage in planning to effectuate the division of the school district. The board of education of the school district being divided shall, at the request of the State Board of Education, assign personnel to assist the State Board of Education.

(j) Nothing herein shall alter the procedure or timing of elections for membership on the board of education of the district being divided.

14 Del. C. 1953, § 1008; 56 Del. Laws, c. 292, § 6; 61 Del. Laws, c. 210, § 1; 62 Del. Laws, c. 351, §§ 8, 9; 70 Del. Laws, c. 186, § 1;

§ 1008. The Redding Consortium for Educational Equity [Effective until Nov. 6, 2024].

(a) The Redding Consortium for Educational Equity (“Consortium”) replaces the Wilmington Education Improvement Commission. The Consortium shall recommend policies and practices to the Governor and General Assembly and to the Secretary of Education to achieve educational equity and to improve educational outcomes of all pre-K to grade-12 students in the City of Wilmington and northern New Castle County.

(b) The Consortium shall monitor the educational progress and outcomes of students in the City of Wilmington as well as all low-income, English learners and other students at risk across northern New Castle County. It shall develop and publish data reports on the conditions impacting the educational outcomes of these students and also track the progress of these students.

(c) The Consortium shall recommend policies and actions to the Governor and General Assembly that support the continuous improvement of public education in the City of Wilmington and northern New Castle County. It shall spotlight best practices from across the State and nation for increasing educational equity, improving educational outcomes, and strengthening school and community services. It shall facilitate collaboration on implementation of best practices among school districts and charter schools and may implement pilot projects It shall also facilitate the consistent engagement of impacted communities to strengthen and inform its work.

(d) The Consortium shall evaluate the need for additional or alternative educational facilities in the City of Wilmington, including secondary schools.

(e) The Consortium shall develop policy proposals to be introduced through legislation to improve teaching and learning in both district and charter schools in the City of Wilmington and northern New Castle County.

(f) The Consortium shall develop a proposal for redistricting in the City of Wilmington and northern New Castle County that must include provisions under § 1026(d)(3) of this title formulated specifically for that purpose with designated responsibilities and timelines for action at all levels.

(g) The Consortium shall research the viability of the New Castle County Tax District and Tax Pool.

(h) The Consortium is comprised of 25 voting members, as follows:

(1) Fifteen members serving by virtue of position, or a designee selected by the member, as follows:

a. A State Senator representing the City of Wilmington, appointed by the President Pro Tempore of the Senate.

b. A State Representative representing the City of Wilmington, appointed by the Speaker of the House of Representatives,

c. A State Senator from the minority caucus, appointed by the President Pro Tempore of the Senate.

d. A State Representative from the minority caucus, appointed by the Speaker of the House of Representatives.

e. The Superintendent of the Red Clay Consolidated School District.

f. The Superintendent of the Christina School District.

g. The Superintendent of the Colonial School District.

h. The Superintendent of the Brandywine School District.

i. The Superintendent of the New Castle County Vo-Tech School District.

j. The Mayor of the City of Wilmington.

k. The Head of the Metropolitan Urban League.

l. The President of the Delaware Hispanic Commission.

m. The Chair of the Advisory Council on English Learners.

n. A Chair of the Wilmington Community Advisory Council.

o. The President of the Delaware State Education Association.

(2) Ten members identified and appointed by the co-chairs of the Consortium, as follows:

a. A representative of the Wilmington Center for Education Equity and Public Policy.

b. A charter school lead.

c. Two teachers from schools in the City of Wilmington.

d. Two business leaders.

e. Two parents.

f. Two additional community leaders or representatives of the Wilmington and northern New Castle County community with educational interests.

(i) The Consortium is comprised of the following nonvoting members, or a designee selected by the member:

(1) The Secretary of Education.

(2) The Secretary of Finance.

(3) The Director of the Office of Management and Budget.

(j) Official action by the Consortium requires the approval of a majority of all voting members.

(k) Meetings of the Consortium and all related committees are public meetings and must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of Title 29.

(l) The Consortium shall meet at least quarterly, and its first meeting shall occur on or before September 1, 2019.

(m) The Consortium may invite education and community stakeholders to participate in meetings as nonvoting members as determined by the co-chairs.

(n) The co-chairs of the Consortium are as follows:

(1) The member appointed by the President Pro Tempore of the Senate under paragraph (h)(1)a. of this section.

(2) A member appointed by the Governor from the members of the Consortium under paragraphs (h)(1)e. through (h)(1)o. or paragraphs (h)(2)a. through (h)(2)e. of this section.

(o) The Consortium may form standing committees to develop recommendations for consideration by the full Consortium. The co-chairs of the Consortium may appoint members of committees and working groups who are not members of the Consortium but whose participation will enhance the work undertaken.

(p) The Consortium shall work with and across all relevant governmental agencies, educational entities, and private and nonprofit institutions serving residents of the City of Wilmington. The Consortium shall build upon the work and recommendations of the Wilmington Education Advisory Committee and the Wilmington Education Improvement Commission.

(q) As requested by the Governor and the General Assembly, the Consortium shall carry out other responsibilities consistent with its overall mission.

(r) The Consortium shall report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House, the City of Wilmington, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives at least once each fiscal year. It shall annually present a report to a joint session of the education committees of the Senate and the House. Each report must include all of the following:

(1) A summary of the work and actions completed by the Consortium to accomplish its purposes as required under this section.

(2) Recommendations of the Consortium about whether and how to further implement, promote, and achieve improvement in the education of pre-K to grade-12 students in the City of Wilmington and northern New Castle County.

(s) The University of Delaware’s Institute for Public Administration and Delaware State University’s School of Graduate Studies shall staff the Consortium. A policy director from the Institute for Public Administration, approved by the co-chairs of Consortium, shall manage the staff. An annual line item allocation of funding must be provided to the Consortium to support the operational services, research, and analysis carried out by the Institute for Public Administration and Delaware State University and in the development of the transition, resource, and development plan.

(t) The Consortium shall remain in operation until the Governor and General Assembly conclude that its mission has been fulfilled.

82 Del. Laws, c. 164, § 2; 83 Del. Laws, c. 37, § 15; 83 Del. Laws, c. 283, § 16;

§ 1008. The Redding Consortium for Educational Equity [Effective Nov. 6, 2024].