HB 455 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE STATE BOARD OF EDUCATION.

Summary

This Act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee by doing the following: (1) Establishing 2 new, nonvoting members to serve on the State Board of Education ("Board"). The new members are a former Delaware Teacher of the Year and a Delaware 11th or 12th grade student. (2) Defining the duties of the Board’s Executive Director. (3) Clarifying that the Executive Director is selected by the Board; is an employee of the Department of Education, subject to all of the Department’s employment policies and procedures; but serves at the pleasure of the Board. (4) Requiring the Board to rotate its meetings among the 3 counties of this State in such a way to facilitate parents’, teachers’, and other community members’ attendance. (5) Establishing the circumstances under which a Board member may be removed, using language standard to boards and commissions in this State. (6) Requiring the Board to permit public comment on each agenda item prior to voting on the item and in proximity to the time at which the Board discusses the item. An exception is provided if, under Delaware law or Department or Board rules, the item has a formal comment period or a process for making a record in an administrative matter that has closed before the Board’s discussion of the agenda item. Examples of matters that qualify for the exception include charter school applications or formal reviews, amendments to Department of Education and Professional Standards Board regulations, and student appeals. The intent of the exception is to exclude Board actions that are quasi-judicial in nature and therefore not appropriate to open to public comment. This Act also corrects 2 internal references and makes other technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This bill increases the composition of the State Board of Education from 7 to 9 members and makes various amendments to their terms and qualifications.

• § 104

  State Board of Education; composition; term; powers and duties; qualifications; vacancies; staggered appointments; office location; compensation; removal. → State Board of Education; composition; term; powers and duties; qualifications; vacancies; staggered appointments; office location; compensation; removal.

  The title section remains the same despite other modifications in its content.

• § 104(a)

  The State Board of Education shall be composed of 7 Education, referred throughout this subchapter as “State Board”, consists of 9 members who shall be are citizens of the this State and shall be appointed by the Governor and confirmed by the Senate. → The State Board of Education consists of 9 members who are citizens of this State and shall be appointed by the Governor and confirmed by the Senate.

  The total number of members on the State Board of Education increases from 7 to 9.

• § 104(a)(1)

  The Governor shall appoint, with Senate confirmation, 7 voting members. → The Governor shall appoint, with Senate confirmation, 9 voting members.

  The number of voting members appointed by the Governor increases from 7 to 9.

• § 104(d)(1)

  at At least 2 members of the Board shall must have had prior experience on a local board of education; → At least 2 members of the Board must have had prior experience on a local board of education;

  Clarifies the requirement for prior experience on a local board of education.

• § 104(d)(2)

  no No more than 4 members of the Board shall may belong to the same political party; → No more than 4 members of the Board may belong to the same political party;

  Clarifies political party representation among the members of the Board.

• § 104(d)(3)

  An individual who has not been a resident of this State for at least less than 5 years immediately preceding appointment → An individual who has not been a resident of this State for at least 5 years immediately preceding appointment

  Changes the eligibility requirement for residency from less than 5 years to at least 5 years.

Action History

1. August 10, 2018

   Signed by Governor

2. June 30, 2018

   Passed By Senate. Votes: 21 YES

3. June 27, 2018

   Reported Out of Committee (Education) in Senate with 4 On Its Merits

4. June 26, 2018

   Assigned to Education Committee in Senate

5. June 26, 2018

   Passed By House. Votes: 40 YES 1 ABSENT

6. June 26, 2018

   Amendment HA 1 to HB 455 - Passed In House by Voice Vote

7. June 20, 2018

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 5 On Its Merits

8. June 19, 2018

   Amendment HA 1 to HB 455 - Introduced and Placed With Bill

9. June 12, 2018

   Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

• Stephanie T. Bolden · Primary
• John "Jack" Walsh · Primary
• Stephanie L. Hansen · Cosponsor
• Anthony Delcollo · Cosponsor
• Brian Pettyjohn · Cosponsor
• David P. Sokola · Cosponsor
• Timothy D. Dukes · Cosponsor
• Jeffrey N. Spiegelman · Cosponsor
• Gerald L. Brady · Cosponsor
• Andria L. Bennett · Cosponsor

Votes

Subjects