Terms Used In Delaware Code > Title 14 > Chapter 1 - Department of Education

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Applicant: means a school district, as defined in this title, acting independently, or as part of a consortia with other school districts, or an institution of higher education acting on behalf of school districts, or a charter school established under Chapter 5 of this title. See Delaware Code Title 14 Sec. 4503
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Ballot: means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter's choice for any office, and the statement of any question submitted with provision for a "yes" or "no" vote. See Delaware Code Title 15 Sec. 101
• banks: when used in this chapter, do not include such national banks, except as otherwise provided in subchapters VI and VII of this chapter. See Delaware Code Title 5 Sec. 701
• Bar: means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. See Delaware Code Title 16 Sec. 2902
• Bequest: Property gifted by will.
• Board: means that body of individuals appointed by the Governor and confirmed by the Senate to serve or who otherwise serve as the State Board of Elections in accordance with Chapter 2 of this title, and are, as such, vested with the responsibility and power to see to the administration of the election laws of this State as more particularly defined in this title. See Delaware Code Title 15 Sec. 101
• Candidate: means a student enrolled in a public school or a post-secondary institution of higher learning in Delaware. See Delaware Code Title 14 Sec. 4503
• Candidate: means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution or the making of any expenditure in that person's behalf. See Delaware Code Title 15 Sec. 8002
• Candidate committee: means each political committee formed on behalf of a candidate for public office. See Delaware Code Title 15 Sec. 8002
• Cash: includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their face the true name of the contributor. See Delaware Code Title 15 Sec. 8002
• Chapter: includes , in addition to the provisions of this chapter, the rules and regulations made by the Commissioner. See Delaware Code Title 15 Sec. 8002
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Clearly identified candidate: means that the name, a photograph or a drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference. See Delaware Code Title 15 Sec. 8002
• Commissioner: means the State Election Commissioner, or the designee of the Commissioner. See Delaware Code Title 15 Sec. 8002
• Communications media: means television, radio, newspaper or other periodical, sign, Internet, mail or telephone. See Delaware Code Title 15 Sec. 8002
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or for the benefit of any candidate or political committee involved in an election, including without limitation any:

  a. See Delaware Code Title 15 Sec. 8002

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3003B
• Department: means the Department of Education. See Delaware Code Title 14 Sec. 4503
• Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means a reorganized school district. See Delaware Code Title 14 Sec. 4503
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Donor: The person who makes a gift.
• Election: means the action by qualified voters of the State either to nominate by vote a candidate for public office or to select a candidate to fill a public office, whether in a primary, general or special election. See Delaware Code Title 15 Sec. 8002
• Election period: means :

  a. See Delaware Code Title 15 Sec. 8002

• Electioneering communication: means a communication by any individual or other person (other than a candidate committee or a political party) that:

  1. See Delaware Code Title 15 Sec. 8002

• Electronic smoking device: means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. See Delaware Code Title 16 Sec. 2902
• Eligible person: means an individual eligible for the Delaware Prescription Drug Payment Assistance Program under § 3004B of this title. See Delaware Code Title 16 Sec. 3003B
• Employer: means any person, partnership, association, corporation or nonprofit entity that employs 1 or more persons, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. See Delaware Code Title 16 Sec. 2902
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ex officio: Literally, by virtue of one's office.
• Expenditure: means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist in the election of any candidate or in connection with any election campaign. See Delaware Code Title 15 Sec. 8002
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Food service establishment: means any indoor area open to the public or portion thereof in which the principal business is the sale of food for on-premises consumption including, but not limited to, restaurants, cafeterias, coffee shops, diners, sandwich shops or short order cafes. See Delaware Code Title 16 Sec. 2902
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• general election: shall include any annual election for 1 or more members of a school board pursuant to § 1072(c) of Title 14. See Delaware Code Title 15 Sec. 8002
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• High-need school: means any school either:

  a. See Delaware Code Title 14 Sec. 4503

• Independent expenditure: means any expenditure made by any individual or other person (other than a candidate committee or a political party) expressly advocating the election or defeat of a clearly identified candidate, which is made without cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate or any committee or agent of such candidate. See Delaware Code Title 15 Sec. 8002
• Indoor area open to the public: means any indoor area or portion thereof generally accessible to the public. See Delaware Code Title 16 Sec. 2902
• Indoor environment: means the overall potential health factors within a specific school, including air quality, mold levels, and other potentially harmful toxins. See Delaware Code Title 14 Sec. 4301
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Low-income students: means students within the statewide metric determined by the Department of Education utilizing direct certification for Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP). See Delaware Code Title 14 Sec. 4503
• Mailing address: means a physical mailing address, and shall not include a post office box. See Delaware Code Title 15 Sec. 8002
• Medicare Part D costs: means monthly premiums, deductibles, and those drug costs falling into Part D coverage gap up to the Program benefit limits and subject to program co-pay requirements as described in § 3005B(a)(4) of this title. See Delaware Code Title 16 Sec. 3003B
• Membership communication: means a newsletter or periodical, telephone call, or any other communication distributed solely to the members, shareholders, or employees of an organization or institution. See Delaware Code Title 15 Sec. 8002
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer: means :

  a. See Delaware Code Title 15 Sec. 8002

• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company, and any other organization or institution of any nature. See Delaware Code Title 15 Sec. 8002
• Place of employment: means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services but that is not generally accessible to the public. See Delaware Code Title 16 Sec. 2902
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political action committee: means a political committee which is neither a political party nor a candidate committee. See Delaware Code Title 15 Sec. 8002
• Political committee: means :

  a. See Delaware Code Title 15 Sec. 8002

• political party: includes all constituent parts of such party, including the statewide, county, regional, municipal and district committees, all finance committees and all other committees, subdivisions and organizations related to the political party. See Delaware Code Title 15 Sec. 8002
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prescription drugs: means drugs that are self-administered or administered by a lay person that have been approved as safe and effective by the Federal Food and Drug Administration or are otherwise legally marketed in the United States. See Delaware Code Title 16 Sec. 3003B
• Primary election: means an election at which voters registered as members of a major political party may vote to determine the nominees of that political party for the general election. See Delaware Code Title 15 Sec. 101
• Program: means the Prescription Drug Payment Assistance Program. See Delaware Code Title 16 Sec. 3003B
• Program: means a Grow Your Own Educator Program as established under this chapter. See Delaware Code Title 14 Sec. 4503
• Public building: means any building owned or operated by the State, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. See Delaware Code Title 16 Sec. 2902
• Public office: means an office of this State or any political subdivision thereof which is required by law to be determined by an election. See Delaware Code Title 15 Sec. 8002
• Publicly distributed: means aired, broadcast, delivered or otherwise disseminated to members of the public. See Delaware Code Title 15 Sec. 8002
• Quorum: The number of legislators that must be present to do business.
• Records: shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the State EMS Medical Director. See Delaware Code Title 16 Sec. 3002C
• Responsible party: means any natural person who shares or exercises discretion or control over the activities of any entity required to file reports in accordance with this chapter, and shall include any officer, director, partner, proprietor or other natural person who exercises discretion or control over the activities of such entity. See Delaware Code Title 15 Sec. 8002
• School board: means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with Title 14. See Delaware Code Title 15 Sec. 8002
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sign: means any outdoor billboard, panel or similar display having an area of at least 3 square feet. See Delaware Code Title 15 Sec. 8002
• Signature: means both a written signature conforming to § 302(23) of Title 1 and a digital or electronic signature that is an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document as specified by the State Election Commissioner. See Delaware Code Title 15 Sec. 101
• Smoking: means :

  a. See Delaware Code Title 16 Sec. 2902

• Special election: means :

  a. See Delaware Code Title 15 Sec. 8002

• 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

• Statute: A law passed by a legislature.
• Students with disabilities: means students who because of mental, physical, emotional, developmental, speech or learning disability problems, as defined by the Department of Education rules and regulations, require special education and related services in order to develop their own capabilities. See Delaware Code Title 14 Sec. 4503
• Subcommittee: means the Reports Appeals Subcommittee of the State Board of Elections. See Delaware Code Title 15 Sec. 101
• Subpoena: A command to a witness to appear and give testimony.
• Tavern: includes inn. See Delaware Code Title 1 Sec. 302
• Teacher academies: means high school programs of study that prepare students for education careers by providing a career and technical education. See Delaware Code Title 14 Sec. 4503
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party advertisement: means an independent expenditure or an electioneering communication. See Delaware Code Title 15 Sec. 8002
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treasurer: means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter. See Delaware Code Title 15 Sec. 8002
• Trustee: A person or institution holding and administering property in trust.
• Vapor establishment: means a business that:

  a. See Delaware Code Title 16 Sec. 2902