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Baumbach
HOUSE OF REPRESENTATIVES
149th GENERAL ASSEMBLY
HOUSE BILL
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATED TO LOCAL SCHOOL BOARD MEMBERS
ELIGIBILITY FOR OFFICE.
1 Section 1. Amend Subchapter IV, Chapter 10, Title 14 of the Delaware Code by making deletions as shown by
2 strike through and insertions as shown by underline as follows and redesignating accordingly:
4 (a) A member elected to a School board may be removed upon the affirmative vote of at least 60% of the
5 membership of the State Board of Education with the approval of the Governor for any of the following reasons:
7 (2) Incompetency; or
9 (b) Prior to any removal of a school board member by the State Board of Education, the State Board of Education
10 shall send the school board member a copy of the charges pending and provide the school board member 10 days to request
12 (c) If the school board member requests a hearing within the 10 day period, the State Board of Education shall:
13 (1) promptly schedule and hold a hearing, after the 10 day period from the time of notice to the member;
14 (2) provide the school board member an opportunity to be heard publicly and present evidence before the
15 State Board of Education in the members own defense, in person, by counsel or both;
16 (3) allow the school board member the opportunity to confront all witnesses who may have provided evidence
18 (4) ensure all proceedings pursuant to this section are properly recorded for judicial review.
19 (d) A member removed under this subsection has the right to appeal to the Superior Court. The Superior Courts
SYNOPSIS
This legislation creates a mechanism for local school members to be removed when those members are failing to
properly discharge their official duties.
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