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Home > Statutes > Usa Delaware
USA Statutes : delaware
Title : Education, Libraries, and Museums
Chapter : Chapter 16. Special Schools

The employees of a state boarding school are state employees.

A state boarding school is a public school of the state.

The department may establish and operate boarding schools, to be managed in accordance with this chapter. A state boarding school must offer a secondary education curriculum to students enrolled in it, and must provide domiciliary services for students needing such services, if approved by the board.

Section 23.40.070 - 23.40.260 (Public Employment Relations Act) apply to the employees of a state boarding school.

(a) A state boarding school may admit students who are qualified in accordance with applicable admission standards. Preference for enrollment must be given to students currently enrolled at a boarding school and to students whose educational, emotional, or family requirements warrant attendance in a domiciliary environment.

(b) The board shall prescribe admission standards and procedures by regulation. Admission standards may not discriminate in favor of or against any resident based on race, sex, creed, national origin, or the location or type of residence within the state.

In the management of state boarding schools, the board shall

(1) adopt a philosophy of education for state boarding schools;

(2) approve the employment of personnel necessary to operate state boarding schools;

(3) establish the salaries and benefits to be paid teachers, excluding administrators;

(4) designate the employees authorized to direct disbursements from the money appropriated for the operation of state boarding schools and for the construction of facilities;

(5) provide custodial services and routine maintenance of physical facilities;

(6) establish procedures for the development and implementation of curriculum and the selection and use of textbooks and instructional materials;

(7) prescribe health evaluation and placement screening programs for newly admitted students;

(8) establish procedures for staff evaluation; and

(9) provide staff training.

(a) Section 14.17.440 applies to the calculation of public school funding payable for operation of a state boarding school.

(b) In the transmittals required by Section 37.07.060 - 37.07.062, the governor shall request amounts for the expenses of construction, rehabilitation, and improvement of the facilities of a state boarding school.

(c) Unless specified otherwise in any appropriation bill, Section 37.25.010 does not apply to an appropriation made for the purposes of (a) of this section.

(d) Section 37.25.020 applies to money appropriated for the purposes of (b) of this section.

(e) For purposes of application for and receipt of federal aid to education, a state boarding school constitutes a local educational agency.

(a) The following provisions apply with respect to the operation and management of a state boarding school as if it were a school district:

(1) requirements relating to school district operations:

(A) Section 14.03.030 - 14.03.050 (defining the school term, day in session, and school holidays);

(B) Section 14.03.083 - 14.03.140 (miscellaneous provisions applicable to school district operations);

(C) regulations adopted by the board under authority of Section 14.07.020(a) that are applicable to school districts and their schools, unless the board specifically exempts state boarding schools from compliance with a regulation;

(D) Section 14.12.150 (authorizing school districts to establish and participate in the services of a regional resource center);

(E) Section 14.14.050 (imposing the requirement of an annual audit);

(F) Section 14.14.110 (authorizing cooperation with other school districts);

(G) Section 14.14.140 (b) (establishing a prohibition on employment of a relative of the chief school administrator);

(H) Section 14.18 (prohibiting discrimination based on sex in public education);

(2) requirements relating to the public school funding program and the receipt and expenditure of that funding:

(A) Section 14.17.500 (relating to student count estimates);

(B) Section 14.17.505 (relating to school operating fund balances);

(C) Section 14.17.500 - 14.17.910 (setting out the procedure for payment of public school funding and imposing general requirements and limits on money paid);

(3) requirements relating to teacher employment and retirement:

(A) Section 14.14.105 and 14.14.107 (relating to sick leave);

(B) Section 14.20.095 - 14.20.215 (relating to the employment and tenure of teachers);

(C) Section 14.20.220 (relating to the salaries of teachers employed);

(D) Section 14.20.280 - 14.20.350 (relating to sabbatical leave provisions for teachers);

(E) Section 23.40.070 - 23.40.260 (authorizing collective bargaining by certificated employees), except with regard to teachers who are administrators and except that the board may delegate some or all of its responsibilities under those statutes;

(F) Section 14.25 (provisions regarding the teachers' retirement system);

(4) requirements relating to students and educational programs:

(A) Section 14.30.180 - 14.30.350 (relating to educational services for children with disabilities);

(B) Section 14.30.360 - 14.30.370 (establishing health education program standards);

(C) Section 14.30.400 - 14.30.410 (relating to bilingual and bicultural education).

(b) A person employed as a teacher at Mt. Edgecumbe High School on May 28, 1988, acquires tenure rights in accordance with Section 14.20.150 and 14.20.155 as though the person had been employed by a school district.

 
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