Delaware Code Title 14 Sec. 1058 – Controversies concerning rules and regulations of the school board
The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board’s decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.
14 Del. C. 1953, § ?1058; 56 Del. Laws, c. 292, § ?6; 71 Del. Laws, c. 180, § ?52; 74 Del. Laws, c. 233, §§ ?1-4;
Terms Used In Delaware Code Title 14 Sec. 1058
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Reorganized school district: as used in this subchapter means a school district constituted and established under this chapter whether by reorganization, consolidation or division. See Delaware Code Title 14 Sec. 1041
- 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
- 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
- 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. See Delaware Code Title 14 Sec. 104