SPONSOR: Rep. Baumbach
HOUSE OF REPRESENTATIVES 149th GENERAL ASSEMBLY
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATED TO LOCAL SCHOOL BOARD MEMBERS ELIGIBILITY FOR OFFICE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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:
3 § 1090 Removal From School Board
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:
6 (1) Misconduct in office;
7 (2) Incompetency; or
8 (3) Willful neglect of duty.
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
11 a hearing after receiving written notification of the charges.
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 member’s 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
17 against the school board member; and
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 Court’s
20 review shall be based upon an abuse of discretion standard.
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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