Delaware Code
Subchapter I. Composition, Organization and Administration
§ 104. State Board of Education; composition; term; powers and duties; qualifications; vacancies; staggered appointments; office location; compensation; removal.

(a) The State Board of Education, referred throughout this subchapter as “State Board,” consists of 9 members who are citizens of this State andappointed as follows:

(1) The Governor shall appoint, with Senate confirmation, 7 voting members.
a. Six of the 7 voting members are appointed for terms of up to 6 years, to ensure that no more than 2 members' terms expire in the same year. Each of the 6 voting members serves until that member's successor qualifies.
b. One of the 7 voting members is appointed as the President of the State Board and serves at the Governor's pleasure.
(2) The Governor shall appoint annually 1 nonvoting member who is a former Delaware State Teacher of the Year and employed as a Delaware public school educator. The Teacher of the Year Advisory Board shall provide annually to the Governor a list of recommendations that includes at least 1 individual from each county in this State. This appointment does not require Senate confirmation.
(3) The Governor shall appoint annually 1 nonvoting member who, at the time of appointment, is or will be in the next school year an eleventh or twelfth grade student at a public school in this State, with priority given to the selection of an individual who has demonstrated commitment to ensuring quality education for Delaware students. This appointment does not require Senate confirmation.
(b) The State Board of Education has powers, duties, and responsibilities as specified in this title, including all of the following:

(1) Provide the Secretary of Education with advice regarding 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 advice on new initiatives which the Secretary may from time to time propose. 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. The State Board may 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 on the Department's annual operating budget and capital budget requests.
(3) Provide the Secretary of Education with advice in the preparation of the annual report specified in § 124 of this title, including recommendations for additional legislation and changes to existing legislation.
(4) Provide the Secretary of Education with advice 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 must be established by rules and regulations under § 121(a)(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 under § 1058 of this title.
(8) Subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the State Board finds appropriate to conduct investigations and hearings under paragraphs (b)(5), (6), and (7) of this section.
(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 is contrary to a specific state or federal law or regulation, not supported by substantial evidence, or arbitrary and capricious. In such cases, the State Board shall set forth in writing the legal basis for its conclusion.
(10) Approve Department rules and regulations that require State Board approval, under specific provisions of this title, before the rules and 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 this State under§ 121(a)(16) or § 122(b)(8) of this title.
(12) Any provision of Chapter 5 of this title to the contrary notwithstanding, decide appeals of decisions by the board of directors of a charter school to suspend or expel a student for disciplinary reasons. In deciding such cases, the State Board shall employ the standard of review under § 1058 of this title.
(13) Digitally record all of the State Board's regular monthly public board meetings and make the recordings available to the public on the Department of Education's website within 7 business days of each meeting. These recordings are not official board minutes, but are a means to enhance communication to the public and state legislators. The requirements of this section do not apply to meetings where recording equipment is not available, executive sessions, or other State Board meetings, such as workshops, retreats, and committee meetings. The Department of Education must provide a written transcript of a regular monthly public State Board meeting that is digitally recorded under this paragraph, or other reasonable accommodation, within 7 business days upon request of an individual with a hearing impairment.
(14) Under Chapter 33 of this title, serve as the State Board for Vocational-Technical Education (Career and Technical Education) and as the “eligible agency” and sole agency responsible for the supervision of administration of career and technical education for purposes of the federal Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) (20 U.S.C. § 2301 et seq.), and any subsequent reauthorization thereof, and be subject to its requirements and any implementing regulations. As used in this title, “career and technical education” has the same meaning as “vocational-technical education.”
(c) (1) The Department, through the Secretary, shall provide reasonable staff support to assist the State Board in performing its duties under this title. The Department shall provide to the State Board all of the following:

a. Reports and data necessary to enable the State Board to perform its duties under this title.
b. One staff member, an Executive Director. A majority of the State Board members shall select the Executive Director. Once appointed, the Executive Director is an employee of the Department, subject to all of the Department's employment policies and procedures, and serves at the pleasure of the State Board. The Executive Director's duties are as follows:

1. Coordinate and implement all requirements for State Board meetings, including posting meeting notices and minutes.
2. Provide necessary reports and data in conjunction with paragraph (c)(1)a. of this section regarding the State Board's responsibilities.
3. Support State Board members in necessary training and preparation to fulfill their roles and responsibilities.
4. Serve as the State Board's point of contact regarding matters specific to the State Board.
5. Produce and post minutes for each State Board meeting, including uploading digital recordings under paragraph (b)(13) of this section.
(2) The Secretary of Education, in addition to the Secretary's other duties of office, serves as Executive Secretary of the State Board.
(d) The members of the State Board appointed under paragraph (a)(1) of this section must be of good character and fitness and, in addition to the requirements of subsection (a) of this section, are subject to the following qualifications:

(1) At least 2 members must have prior experience on a local board of education.
(2) No more than 4 members may belong to the same political party.
(3) An individual who has been a resident of this State for less than 5 years immediately preceding appointment is not eligible to be a member.
(4) An individual who is already subject to the State Board's authority may not be appointed to the State Board as a voting member.
(5) A member is eligible for reappointment unless otherwise disqualified by this title.
(6) The members must meet the following geographic qualifications:

a. The President and 1 other member may be appointed from the State at large.
b. One member is a resident of the City of Wilmington.
c. Two members are residents of New Castle County outside the City of Wilmington.
d. One member is a resident of Kent County.
e. One member is a resident of Sussex County.
(e) (1) If, after appointment, a State Board member is convicted or pleads guilty or nolo contendere to a crime under § 209(a) of this title, the Governor must remove the member.
(2) a. If a State Board member is charged with a crime under § 209(a) of this title, the State Board member is automatically suspended pending the final resolution of the charges.
b. If the charges under § 209(a) of this title that are the basis of the suspension under paragraph (e)(2)a. of this section are resolved in favor of the suspended State Board member before the expiration of the suspended State Board member's unexpired term, the State Board member may immediately return to service as a member of the school board.
(3) If a State Board member is suspended under paragraph (e)(2)a. of this section, the State Board member's seat is treated as vacant for purposes of quorum under subsection (i) of this section until 1 of the following occur:

a. The suspended school board member resigns.
b. The suspended school board member's term expires.
c. The charges that are the basis for the suspension are resolved in favor of the suspended school board member.
d. The suspended school board member ceases to be a member of the school board under paragraph (e)(1) of this section.
(f) [Repealed.]
(g) The Department shall provide or obtain office space in Dover for the State Board.
(h) State Board members shall receive $100 for each day's attendance at State Boardmeetings, not to exceed 24 days' attendance in any 1 calendar year, and be reimbursed for actual travel and other necessary expenses incurred in attending meetings and transacting the business of the State Board.
(i) The number of members who must be present at a State Board meeting in order to have a quorum and conduct official business is the majority of appointed, voting members.
(j) The Governor may remove a State Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of State Board meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member's resignation.
(k) The State Board shall rotate locations of regular meetings among the 3 counties of this State, with each location to host, whenever possible, an agenda item that is relevant to the county in which it is being held, and rotating the locations among the 3 counties in such a way to facilitate parents', teachers', and other community members' attendance.

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