Skip to main content
Find a Lawyer

Delaware Code Title 14. Education § 312. Board decision and appeal;  State Board's duties

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter.  The Board may not decide on a controversy involving a waiver under § 315 of this title, except as under § 316 of this title.

(b) The Board shall issue in writing its decision in a controversy involving a waiver of a regulation promulgated under this chapter within 20 days from the date of hearing.

(c) A party to a controversy may appeal the Board's decision, except a decision under § 316 of this title, to the State Board by doing all of the following:

(1) Stating the party's grievance in a petition.

(2) Ensuring that the petition is served on the Executive Director by certified or registered mail within 30 days after receiving notice of the decision.

(d) The State Board shall do all of the following;

(1) Rule on each appeal under this section.

(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.

(3) Overturn the Board's decision only if the State Board finds that the Board's decision was not supported by substantial evidence or was arbitrary or capricious.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Delaware Code Title 14. Education § 312. Board decision and appeal;  State Board's duties - last updated January 01, 2026 | https://codes.findlaw.com/de/title-14-education/de-code-sect-14-312/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard