• State Board Hearings

    The State Board of Education is authorized by several sections of Title 14 of the Delaware Code to resolve disputes or hear appeals of certain matters. These matters include, but are not limited to:

    Original Disputes:

    • Fixing and establishing the boundaries of school districts which may be doubtful or in dispute;

    Appeals

    • A decision by a school district board of education involving the district’s rules and regulations (including disciplinary rules);
    • A decision by the board of directors of a charter school to suspend or expel a student for disciplinary reasons;
    • A decision by the Delaware Interscholastic Athletic Association that decided a controversy involving athletic rules and regulations;

    Certain decisions involving the application of rules and regulations of the local board may not be appealed to the State Board, including:

    • Decisions involving student disciplinary actions where a student is suspended from school for ten (10) or fewer days, except where a request to expunge the disciplinary action from the student’s record has been denied by the local board.
    • Individual student grades.
    • Personnel actions which are covered under a collective bargaining agreement or are otherwise subject to adjudication by the Public Employment Relations Board.
    • Termination of employees conducted in accordance with Delaware Code Title 14 Chapter 14.
    • Termination or non-renewal of public school administrators and confidential employees, as those terms are defined in 14 Del. C. § 4002, at the conclusion of an employment contract.
    • District decisions on student residency in accordance with 14. Del. C. § 202 or the school choice program in accordance with 14. Del. C. § 407.

    Filing a Petition or Appeal

    A party may file a petition or appeal by mailing or delivering a petition or notice of appeal to the Executive Secretary.

    Parties filing an appeal are strongly encouraged to utilize this Notice of Appeals form. A copy of the notice of appeal, and any other documentation filed, shall be mailed or delivered to the agency which made the decision at the same time the original notice of appeal is mailed or delivered to the Executive Secretary. The notice of appeal must be postmarked or delivered to the Executive Secretary within thirty (30) days of the day the notice of the decision was received.

    The State Board’s Hearing Procedures and Rules can be found in the State Board of Education's Procedures Manual. These procedures outline the requirements and expectations for De Novo and Evidentiary Hearings and Appeals.

    Resources

Last Modified on January 15, 2021