Delaware Code

14 Del. C. § 1058 (2026)

Controversies concerning rules and regulations of the school board

✓ current as of May 2026

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The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board’s decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.

14 Del. C. 1953, § 1058; 56 Del. Laws, c. 292, § 6; 71 Del. Laws, c. 180, § 52; 74 Del. Laws, c. 233, §§ 1-4;

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1975–2026 · leading case: Tatro v. Esham, 335 A.2d 623 (Del. Super. Ct. 1975).

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Tatro v. Esham, 335 A.2d 623 (Del. Super. Ct. 1975). “"; 2) 14 Del.C. § 1058 provides that "The school board .”

Bd. of Educ. of the Smyrna Sch. Dist. v. E.D. (Del. Super. Ct. 2018). “”10 Accordingly, if substantial evidence exists to support the DE Board of Ed’s findings, and the Board has not committed any error of law, the decision must be affirmed.”

Mcleish v. Caesar Rodney Sch. Dist. (Del. Super. Ct. 2026). “16 14 Del. C. § 1058. Only then is there a further right of appeal from the State Board to the Superior Court.”

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