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School board authority in Delaware

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Delaware state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Delaware law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Delaware is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
  • Delaware school boards can engage in collective bargaining with school employees, which can constrain their authority over certain policies.
  • Although Delaware has no statewide policy restricting cellphone use in schools, lawmakers approved funding in 2024 to pilot cellphone storage pouches in some schools to help limit usage.
  • Delaware is one of 24 states that does not have a statewide Parents' Bill of Rights.
  • The Delaware Department of Education administers a statewide open enrollment program for intradistrict and interdistrict transfers. Although participation is mandatory, school boards can block transfers based on capacity limits or expulsion records.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Delaware

    Enabling or authorizing statute for the boards of school districts in Delaware

    See also: Enabling statute

    Nearly all Delaware public school districts, except for charter, vocational-technical, and special districts, are classified as reorganized districts. Title 14, Section 1043, of the Delaware Code establishes school boards for reorganized school districts in the state and gives them authority to operate according to state law:[1]

    “

    In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State. [2]

    		”

    Delaware school boards' powers and duties

    Although Delaware public school boards have broad authority to administer the public schools in the state, the law also outlines nine specific duties they must perform, including:

    • choosing instructional materials and textbooks,
    • setting curriculum,
    • hiring district staff, and
    • enforcing attendance provisions of the state law.

    The following list of powers and duties school district boards are charged with appears in Title 14, Section 1049, of the Delaware Code:[1]

    “

    (1) Determine the hours of daily school sessions, the holidays when district schools shall be closed, and the days on which teachers attend educational improvement activities ...

    (2) Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools;

    (3) Enforce the provisions of this title relating to school attendance;

    (4) Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;

    (5) Adopt courses of study;

    (6) Select, purchase, and distribute free of charge such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools;

    (7) Provide forms on which regular school employees shall make such reports as may be required by the school board;

    (8) Make all reports required by the Secretary of Education, at such time, upon such items and in such form as may be prescribed by the Secretary of Education;

    (9) Appoint personnel.[2]

    		”

    Constraints on Delaware school boards' authority

    This section tracks constraints on school boards specific to Delaware as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Delaware school boards' authority by topic

    This section features constraints on school boards authority on policies related to the following topics:

    Curriculum requirements

    Delaware requires school districts to include specific curricular topics to be included in their curriculum:[1]

    • the U.S. Constitution
    • the Delaware Constitution
    • government and the free enterprise system
    • alcohol/substance abuse
    • mental health
    • cursive writing
    • computer science
    • the Holocaust and genocide
    • Black history
    • media literacy
    • reading curricula focusing on phonics, vocabulary, language structure, and other evidence-based components

    School boards also have to demonstrate their curricula align with the state's content standards for "English Language Arts, Mathematics, Social Studies, Science, World Languages, Visual and Performing Arts, Health, Physical Education, Computer Science, Career and Technical Education Programs of Study, Financial Literacy, Media Literacy, and Driver's Education."[3]

    Curriculum restrictions

    Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

    Federal law and guidance

    Book bans, removals, and restrictions

    Delaware school boards generally have the authority to remove books from school libraries under their power to select and curate curricular and instructional materials, though state law prohibits school districts from removing books for the following reasons:[1][5]

    • because of partisan, ideological, or religious disapproval
    • because of the origin, background, or views of the person who created the material

    State law requires school boards to adopt a uniform process to submit an objection to library material in a school library by a student, parent or guardian of a student enrolled in a public school, or school personnel. Books must stay in circulation until review is complete.[6]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[7][8][9]

    Federal guidance


    Parental notification

    Delaware requires parental notification if schools have to restrain a student forcefully or if students accrue 10 unexcused absences.[1]

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[11]

    Discipline

    See also: How does Delaware compare to other states on school board authority over disciplinary policy?

    Delaware is one of two states that authorizes school boards to create disciplinary policies in certain circumstances such as for bullying or expulsion.

    Title 14, Section 122 of the Delaware Code requires the Delaware Department of Education to set uniform disciplinary policies. The statute still allows local boards to enforce disciplinary policies and make determinations about expulsion or placement in other schools:[1]

    “

    (26) Establishing, for purposes of student discipline, uniform definitions for student conduct which may result in alternative placement or expulsion, uniform due process procedures for alternative placement meetings and expulsion hearings, and uniform procedures for processing Attorney General’s reports. Such regulations shall apply to all districts and charter schools. This paragraph shall not be interpreted to restrict the ability of district and charter schools to determine which student conduct shall result in expulsion or an alternative placement. [2]

    		”

    Districts including the Capital School District still maintain specific behavior guidelines governing topics such as smoking, dress code, sexual harassment, and other topics.[12][13]

    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Delaware, How does Delaware compare to other states on school board authority over election timing?

    Delaware is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Delaware.

    Public school choice and open enrollment

    See also: School choice in Delaware

    The Delaware Department of Education administers a statewide open enrollment program for intradistrict and interdistrict transfers. Although participation is mandatory, school boards can block transfers based on capacity limits or expulsion records. According to Delaware Code Title 14, Section 403:[1]

    “

    Any parent of a school age child may apply to enroll that parent’s own child in a school or program in a reorganized school district, vocational-technical school district, or charter school by submitting an online application or written application, on a standard form provided by the Department of Education, to the Department of Education or to the receiving local education agency and to the district of residence on or after the first Monday in November and on or before the second Wednesday in January for enrollment during the following school year, except that a parent may apply to a receiving local education agency until the first day of the school year for enrollment in a kindergarten program during that school year. Any student not currently registered in a public school in the State of Delaware must be registered in their school of residence before submitting a Delaware standard application for education options.[2]

    		”

    Charter schools

    See also: Charter schools in Delaware, How does Delaware compare to other states on school board authority over charter schools?

    Delaware is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    State law allows for charter school application submissions to either a local education board or to the Delaware Department of Education. Both local school boards and the statewide department are authorized to approve charter applications and are responsible for overseeing any schools they approve:[1]

    “

    Charter school applications shall be submitted to a local school board or the Department for approval as an approving authority. Whenever a charter school seeks a charter from the Department as approving authority, such approval shall require the assent of both the Secretary and the State Board, as shall any action pursuant to §§ 515 and 516 of this title. The approving authority shall be responsible for approval of the charter school pursuant to this section and for continuing oversight of each charter school it approves. [2]

    		”

    Cellphone bans

    See also: How does Delaware compare to other states on cellphone laws?

    Delaware is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms. However, the state approved funding in 2024 to pilot cellphone storage pouches in some schools to help limit usage.[15]

    Several school districts, including Smyrna, Red Clay, and Milford have also enacted policies prohibiting cellphone usage during school hours.[16]

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[17][18]

    Delaware school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    For example, although school boards in the state have broad authority to select curriculum, the collective bargaining agreement between the Capital School District and the Capital Educators Association, effective July 1, 2024, through June 30, 2026, required teacher participation in the selection of instructional materials and limited the board's power to make changes without teacher input:[19]

    “

    28:1 The Board shall budget and dispense funds to provide for the purchase and/or replacement of textbooks, library books, instructional materials, supplies, and equipment sufficient in quality and quantity to enable teachers to fulfill their teaching responsibilities. Appropriate financial processes will be available in each building for use in purchasing incidental supplies for classroom instructional use. Expenditures from this fund shall be at the discretion of the building according to established fiscal guidelines.

    28:2 Textbooks and instructional materials in all subject areas and at all grade levels shall be recommended to the Administration and Board by teachers actually teaching said areas. Said recommended materials shall reflect the most recent authoritative scholarship on the diversity and pluralistic nature of society.

    28:3 The administrator/chairperson will conference with the teacher prior to deleting any items from the teacher's instructional materials and supplies requests.[2]

    		”

    Parents' Bill of Rights

    See also: How does Delaware compare to other states on Parents' Bills of Rights?

    Delaware is one of 24 states that does not have a statewide Parents' Bill of Rights.


    How does Delaware compare to other states?

    This section compares Delaware's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[20]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Delaware governor signs bill to promote racial, ethnic, and cultural groups' contributions in local K-12 curriculum (2024): Delaware Governor John Carney (D) signed Senate Bill 297 on September 26, 2024, requiring the Delaware Department of Education to update their diversity regulations with "a non-exhaustive list of racial, ethnic, and cultural groups," and promote their inclusion in local K-12 curricula, according to the text of the bill. The bill said it aimed to foster academic achievement and cultural competence.[21]
    • Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[22]

    See also

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Legislative Council, General Assembly State of Delaware, "Title 14 Education," accessed November 11, 2024
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ State of Delaware, "502 Alignment of School District Curricula to the State Content Standards," accessed November 12, 2024
    4. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    5. ↑ Pen America, "Book Bans," accessed November 12, 2024
    6. ↑ https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=37170&docTypeId=6 Delaware General Assembly, "House Bill 119," accessed September 17, 2025]
    7. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    8. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    9. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    10. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    11. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
    12. ↑ Capital School District, "Capital School District Board of Education Policy," accessed November 12, 2024
    13. ↑ Capital School District, "Capital School District Board of Education Policy," accessed November 12, 2024
    14. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    15. ↑ WHYY, "No more distractions: Delaware lawmakers back effort to seal away cell phones in the classroom," accessed January 28, 2025
    16. ↑ Delaware Online, "What you should know about school cellphone bans in Delaware as schools start," accessed November 12, 2024
    17. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    18. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    19. ↑ Capital School District, "Master Agreement Between the Board of Education of the Capital School District and the Capital Educators Association of Dover, Delaware," accessed November 12, 2024
    20. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    21. ↑ Delaware General Assembly, "Senate Bill 297," September 27, 2024
    22. ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
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