Del. C. » Title 14 — Free Public Schools · CHAPTER 10. Reorganization of School Districts · Education
Delaware Code

14 Del. C. § 1043 (2026)

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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.

14 Del. C. 1953, §  1043;  56 Del. Laws, c. 292, §  6;  71 Del. Laws, c. 180, §  46; 
Notes of Decisions
Cited in 7 cases, 1975–2019 · leading case: Doe v. Indian River Sch. Dist., 653 F.3d 256 (3d Cir. 2011).
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Doe v. Indian River Sch. Dist., 653 F.3d 256 (3d Cir. 2011). “14 Del. C. § 1043. All of the Board’s policy making responsibilities are aimed at educating students or otherwise administering the public school system.”
Dobrich v. Walls, 380 F. Supp. 2d 366 (D. Del. 2005). “at 238 (citing 14 Del. C. §§ 1043, 1049(2), (9)). Plaintiffs contend that the allegations of their Complaint do not relate to the legislative activities of the School Board members, but to their administrative and managerial activities which are outside the scope of absolute…”
Harden v. Christina Sch. Dist., 924 A.2d 247 (Del. Ch. 2007). “These powers are granted in plenary fashion to school boards in Title 14 of the Delaware Code, but they are subject to "Delaware law and the policies, rules and regulations of the State.”
Morris v. Bd. of Educ. of Laurel Sch. Dist., 401 F. Supp. 188 (D. Del. 1975). “supervising] the free public schools and [of] determining] policy and adopt [ing] rules and regulations for the general administration and supervision of the free public schools,” 14 Del.C. Ann. § 1043—is elected locally, 14 Del.”
McHugh v. Bd. of Educ. of the Milford Sch. Dist., 100 F. Supp. 2d 231 (D. Del. 2000). “14 Del.C. § 1043. The Board also has authority to appoint personnel and to “[djetermine the educational policies .”
Tatro v. Esham, 335 A.2d 623 (Del. Super. Ct. 1975). “Defendants argue that the Woodbridge School Board is authorized by statute to decide specified controversies and that safeguards as to its proceedings are provided by the following provisions: 1) 14 Del.C. § 1043 provides that the School Board has "the authority to determine…”
Collins v. Dutton, No. S19C-01-045 ESB (Del. Super. Ct. Nov. 14, 2019). “The Board of Education of the Cape Henlopen School District is a reorganized school board operating under 14 Del. C. § 1043 and the governing body of the Cape Henlopen School District.”
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