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

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.