(a) When a teacher assigns an alphabetical symbol or numerical rating as a grade that assesses a student's performance on an individual project, such as a grade for a test or for homework, or that assesses a student's collective performance, such as a grade for a marking period or semester, only the assessing teacher or the superintendent of the school district in which the grade was assigned or, in the case of a charter school, the highest ranking administrative officer of the charter school may alter the student's assigned grade.
(b) If a superintendent or the highest ranking administrative officer alters a student's assigned grade pursuant to subsection (a) of this section, the superintendent or administrative officer shall give written notice of the alteration to the teacher who assigned the grade and to the Secretary of Education. The notice must include the name of the student, the name of the teacher, the title of the course for which the grade was altered, the reason or reasons for the grade alteration, and the extracurricular activities in which the student has participated and intends to participate during the school year. Notice of grade alteration pursuant to this subsection is not subject to the provisions of the Freedom of Information Act, Chapter 100 of Title 29.
(c) Review of grades issued by a teacher shall not be the sole criteria for the determination to not retain a teacher.
Structure Delaware Code
Chapter 41. REGULATORY PROVISIONS
Subchapter I. General Regulatory Provisions
§ 4101. Reading of First Amendment of the United States Constitution.
§ 4101A. Use of schools for First Amendment purposes.
§ 4102. Penalties for violation of § 4101 of this title.
§ 4104. Display of American flag.
§ 4105. Salute to flag and pledge of allegiance.
§ 4106. Failure to require salute and pledge; penalty.
§ 4107. General election day; closing of schools.
§ 4107A. Primary election day; in-service day.
§ 4108. American Education Week.
§ 4109. School property; health and safety requirements.
§ 4110. Disturbing schools or destroying school property; penalty.
§ 4111. Disclosure of pupils' school records.
§ 4112. Reporting school crimes.
§ 4112A. Office of School Criminal Offense and Bullying Ombudsperson.
§ 4112D. School bullying prevention.
§ 4112E. School Teen Dating Violence and Sexual Assault Act.
§ 4112F. Limitations on use of seclusion and restraint.
§ 4113. Authority of school crossing guards to ensure safety of pupils.
§ 4115. Choice of transportation.
§ 4116. Drug/alcohol educational programs.
§ 4116A. Mental health educational programs.
§ 4118. Parents as Teachers Program.
§ 4120. School dress codes and uniforms.
§ 4121. Video cameras on public school property.
§ 4123B. Posting child abuse and neglect telephone report line.
§ 4123C. Personal body safety and child sexual abuse awareness and prevention.
§ 4125. Driver education certification.
§ 4126. School-based health centers.
§ 4130. Expulsion of students; re-enrollment.
§ 4131. Notification of provisions pertaining to school crimes.
§ 4132. Student grades; teacher evaluation restriction.
§ 4133. Physical Education/Physical Activity Pilot Program.
§ 4134. Mandatory reporting of Delaware Healthy Children Program [CHIP] and Medicaid information.
§ 4135. American Sign Language.
§ 4137. Alternative service models for school breakfast.
§ 4140. Delaware School Safety and Security Fund.
§ 4141. Holocaust instruction.
§ 4142. Free feminine hygiene products in schools.
§ 4143. Black history instruction.
§ 4145. Evidence-based reading curricula [Effective until Jan. 1, 2023].
§ 4145. Evidence-based reading curricula [Effective Jan. 1, 2023].
§ 4146. Media literacy [For application of this section, see 83 Del. Laws, c. 417, § 2].