Delaware Code

14 Del. C. § 501 (2026)

Legislative intent

✓ current as of May 2026

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The purpose of this chapter is to create an alternative to traditional public schools operated by school districts and improve public education overall by establishing a system of independent “charter” schools throughout the State.

To that end, this chapter offers members of the community a charter to organize and run independent public schools, free of most state and school district rules and regulations governing public education, as long as they meet the requirements of this chapter, and particularly the obligation to meet measurable standards of student performance. Schools established under this chapter shall be known as “charter schools.”

This chapter is intended to improve student learning; encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community.

There shall be no limit to the number of charter schools that may be established in the State; provided, however, that no more than 5 such schools may be established to operate in the 1996-1997 school year, and that no more than 5 additional charter schools may be established to operate in the 1997-1998 school year, and that no more than 5 additional charter schools may be established to operate in the 1998-1999 school years. If for any school year more charters are awarded than are permitted to operate by this section, the Department of Education shall hold a lottery to decide which charters are permitted to operate in such school year and charter applicants who lose such lottery shall be given a right of refusal for a charter for the subsequent school year.

70 Del. Laws, c. 179, § 2; 71 Del. Laws, c. 180, § 23; 73 Del. Laws, c. 164, § 23;

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2014–2023 · leading case: Reach Academy for Boys & Girls, Inc. v. Delaware Dep't of Educ., 46 F. Supp. 3d 455 (D. Del. 2014).

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Reach Academy for Boys & Girls, Inc. v. Delaware Dep't of Educ., 46 F. Supp. 3d 455 (D. Del. 2014). “Charter schools are mandated to meet measurable standards of student performance, see 14 Del. C. § 501, and Defendants are “statutorily required to determine *476 whether [a charter] school is providing an adequate education to its students” (D.”

Reach Academy for Boys & Girls, Inc. v. Delaware Dep't of Educ., 8 F. Supp. 3d 574 (D. Del. 2014). “14 at 24; see also 14 Del.C. § 501 (providing that charter schools must meet measurable standards of student performance)) The complication here is that closing Reach is likely, under present circumstances, to be proven to be a violation of Equal Protection and Title IX.”

Delaware Charter Schs. Network, Inc. v. Holodick (Del. Super. Ct. 2023). “32 14 Del. C. §§ 501–518. 33 Id. § 501 (internal quotation marks omitted).”

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch. (Tex. App. 2015). “The difficulty of this case stems from the absence of any single-sex public charter school option for girls, now Charter schools are mandated to meet measurable and—under current law—forever, all while Delaware standards of student performance, see 14 Del. C. § 501, provides…”

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