Delaware Code

14 Del. C. § 1049 (2026)

Policy making

✓ current as of May 2026

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(a) The school board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations of the State, shall, in addition to other duties:

(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. This authority is subject to the requirement that all school district calendars must provide for school attendance of at least the following number of hours:

Beginning at the start of the 2008-2009 school year

1060 hours

1032 hours

The waiver provisions in § 1305 of this title also apply to the district calendar.

The number of hours in a school day for grades K-12 shall be at least 31/2 hours exclusive of lunch, and abbreviated days shall not be scheduled on the last school day prior to a scheduled holiday. In the case of an unplanned delay, or early dismissal caused by weather or other unforeseen emergency conditions, such a delay or early dismissal shall be no more than 2 hours. All district calendars shall be adopted by April 30 for the following school year and may only be amended following a 30-day public notice.

(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.

(b) Notwithstanding any provision or section of this chapter to the contrary, each school board shall provide a stand-alone, self-contained half-day kindergarten option within the district, provided there are 18 or more children signed up for a half-day kindergarten option.

14 Del. C. 1953, § 1049; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 365, § 2; 71 Del. Laws, c. 15, §§ 1, 2; 71 Del. Laws, c. 132, § 364; 71 Del. Laws, c. 180, § 47; 72 Del. Laws, c. 6, § 1; 75 Del. Laws, c. 440, §§ 2-5, 7; 78 Del. Laws, c. 290, § 311;

Notes of Decisions

Cited in 4 cases, 1975–2011 · leading case: Doe v. Indian River Sch. Dist., 653 F.3d 256 (3rd Cir. 2011).

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Doe v. Indian River Sch. Dist., 653 F.3d 256 (3rd Cir. 2011). “” 14 Del. C. § 1049. More generally, the Board also has the responsibility of “prescribing] rules and regulations for the conduct and management of the schools.”

Morris v. Bd. of Educ. of Laurel Sch. Dist., 401 F. Supp. 188 (D. Del. 1975). · cites it 2× “A district board is vested with the power to adopt courses of study and to select, purchase and distribute textbooks and all other necessary educational materials and apparatus, 14 Del.C.Ann. § 1049(4), (5). The school board appoints the superintendent of schools, who functions…”

Evans v. Buchanan, 416 F. Supp. 328 (D. Del. 1976). “14 Del.C. § 1049. 84 . 14 Del.C. §§ 1902-23, 1058.”

King v. Caesar Rodney Sch. Dist., 396 F. Supp. 423 (D. Del. 1975). · cites it 2× “Although every school district receives substantial state appropriations for capital and operating expenditures, each school district also has the power to levy and collect additional taxes for school purposes following a referendum of the voters in the district.”

— 14 Del. C. § 1049(4) — 1 case

Morris v. Bd. of Educ. of Laurel Sch. Dist., 401 F. Supp. 188 (D. Del. 1975). “A district board is vested with the power to adopt courses of study and to select, purchase and distribute textbooks and all other necessary educational materials and apparatus, 14 Del.C.Ann. § 1049(4), (5). The school board appoints the superintendent of schools, who functions…”

— 14 Del. C. § 1049(8) — 1 case

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