(a) Unless otherwise provided in this chapter, each school board is composed of 5 members.

Terms Used In Delaware Code Title 14 Sec. 1052

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • School board: as used in this subchapter means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division. See Delaware Code Title 14 Sec. 1041
  • School board member: as used in this subchapter means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter. See Delaware Code Title 14 Sec. 1041
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) Each member must be a citizen of the State and resident of the school district in which elected or appointed and must be qualified to vote at a school election in that district at the time of such election or appointment.

(c) Unless otherwise provided in this chapter, 1 school board member is elected each year except where an unexpired term of a former member is also to be filled or the terms of 2 school board members expire the same year.

(d) Unless otherwise provided in this chapter, each school board member is elected for a term of 4 years commencing on July 1 following the member’s election, except when such election is to fill an unexpired term.

(e) (1) If a school board member is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges.

a. If the charges under § 209(a) of this title that are the basis of the suspension under this paragraph (e)(1) are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a school board member.

b. If a school board member who is suspended under this paragraph (e)(1) is convicted or pleads guilty or nolo contendere of a crime under § 209(a) of this title that is the basis of the suspension, the suspended school board member ceases to be a member of the school board.

(2) If a school board member is suspended under paragraph (e)(1) of this section, the school board member’s seat is treated as vacant and may be filled, at the discretion of the school board, under § 1054 of this title until 1 of the following occur:

a. The suspended school board member resigns.

b. The suspended school board member’s term expires.

c. The suspended school board member returns to service under paragraph (e)(1)a. of this section.

d. The suspended school board member ceases to be a member of the school board under paragraph (e)(1)b. of this section.

(f) (1) A school board member who is suspended or removed under paragraph (e)(1) of this section may mail or deliver a written request for a hearing to the school district superintendent within 20 days of the suspension or removal.

(2) A hearing under paragraph (f)(1) of this section is for the limited purpose of determining if the school board member was charged, convicted, or pleaded guilty or nolo contendere to a crime under § 209(a) of this title and the burden of proof is on the school board member who requested the hearing.

(3) A hearing under paragraph (f)(1) of this section is conducted by a hearing panel selected by the Commissioner of Elections as follows:

a. The Delaware School Board Association must provide names of 3 or more school board members from different school districts in each county for the hearing panel.

b. The Commissioner of Elections must select the members of the hearing panel from the list provided under paragraph (f)(3)a. of this section and must select 1 member from a school district in each county.

c. A member of the hearing panel may not be a member of the same school board as the school board member that requested the hearing under paragraph (f)(1) of this section.

(4) A decision made by the hearing panel under paragraph (f)(3) of this section is final, unless a party to the hearing files a civil action in the Superior Court within 30 days of the date of the decision. In an action under this subsection, the complaining party has the burden of proving that the hearing panel’s decision under paragraph (f)(2) of this section was not supported by substantial evidence on the record.

14 Del. C. 1953, § ?1052; 56 Del. Laws, c. 292, § ?6; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 187, § 4; 83 Del. Laws, c. 251, § 1;

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