K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - Delaware

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The supreme executive powers of the state are vested in the governor. He or she shall take care that the laws be faithfully executed.

The governor has the power to appoint, by and with the consent of a majority of all the members of the senate, such offices allowed by the Constitution or law.

The governor may approve or disapprove of bills that have passed both houses of the general assembly. The governor may disapprove of any item or items in the bill making appropriations.
What is the appointment authority provided to the governor in education? The governor has the power to appoint the secretary of education and the seven members of the state board of education. All appointees serve at the pleasure of the governor.
Are the governor’s duties and powers and found in the state constitution? Yes
Are the governor’s duties and powers and found in the state statute? Yes
Citation Del.C.Ann. Const., Art. 3, § 1
Del.C.Ann. Const., Art. 3, § 17
Del.C.Ann. Const., Art. 3, § 9
Del.C.Ann. Const., Art. 3, § 18
14 Del.C. § 102
14 Del.C. § 104
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power of the state is vested in the general assembly, which consists of a senate and house of representatives.

The general assembly is required to provide for the establishment and maintenance of a general and efficient system of free public schools and may require every child to attend public school unless educated by other means.
What is the appointment or confirmation authority of the legislature in education? The senate may provide advice and consent to the governor's appointment for secretary of education. The senate confirms governor's appointments to the state board of education.
Which committees in the legislature have jurisdiction over education issues? House:
Education

Senate:
Education
Constitutional? Yes
Statutory? Yes
Citations Del.C.Ann. Const., Art. 2, § 1
Del.C.Ann. Const., Art. 10, § 1
14 Del.C. § 102
14 Del.C. § 104
Chief State School Officer
What are the duties of the chief state officer? The secretary of education acts as the administrative head of the department of education.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The secretary has the power to:

Appoint additional personnel to the department within limits imposed by law.

Make and enter contracts on behalf of the department.

Delegate the secretary's powers and duties to deputies.

Prepare a budget in consultation with the state board of education for consideration of the governor and the general assembly.
How is the chief state school officer selected? The secretary is appointed by the governor with the advice and consent of the senate and serves at the pleasure of the governor.
Constitutional? No
Statutory? Yes
Citation 14 Del.C. § 102
14 Del.C. § 103
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education provides the secretary of education with advice and guidance with respect to policy development and where rule and regulation-making authority is jointly entrusted to the secretary and the state board.

The board provides advice and guidance to the secretary on the department's annual operating budget. Additionally, the board provides the secretary of education with guidance concerning the implementation of the student achievement and statewide assessment program.
What is the composition of the state board of education? The state board of education is composed of 7 members.
How are members of the state board of education selected? The governor appoints the state board of education and the members are confirmed by the senate.
Constitutional? No
Statutory? Yes
Citation 14 Del.C. § 104
Executive-Level Secretary
Does the state have an executive-level secretary? The secretary of education, in addition to the secretary's other duties of office, shall serve as executive secretary to the board of education.
What other duties does the executive-level secretary have? The department, through the secretary, shall provide reasonable staff support to assist the state board in performing its duties.

The executive director serves at the pleasure of the board and is considered an employee of the department of education.
Constitutional? No
Statutory? Yes
Citation 14 Del.C. § 104

© 2019 by the Education Commission of the States (ECS). All rights reserved. ECS is the only nationwide, nonpartisan interstate compact devoted to education. 700 Broadway #810, Denver, CO 80203-3442

To request permission to excerpt part of this publication, either in print or electronically, please contact the Education Commission of the States’ Communications Department at 303.299.3609 or askinner@ecs.org.

Your Education Policy Team  www.ecs.org