§ 1048 — Regular and special meetings; quorum; roll call vote

Delaware § 1048

• Jurisdiction: Delaware
• Title: 14
• Part: Free Public Schools
• Ch. 10: REORGANIZATION OF SCHOOL DISTRICTS
• Subch.: School Boards of Reorganized School Districts

Text

(a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board.

(b) Special meetings of the school board may be held whenever the duties and business of the school board may require.

(c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of a majority of the members of the board. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board.

(d) A roll call vote of all board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote shall then be so recorded and considered a matter of public record.

(e) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment. For purposes of this subsection, “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session.

(f) A method for the public to remotely attend and provide public comment at school board meetings must be provided.

(g) (1) If a school board allows school board members to attend regular or special meetings remotely by electronic means, then all of the following must be permitted reasons for remote attendance:

a. Illness of the school board member.

b. Illness of an individual in the school board member’s family where that individual requires caretaking.

c. A public health emergency.

d. Pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner.

e. Military deployment of the school board member.

(2) a. A school board may impose limitations on the number of times a school board member may be permitted to attend remotely under paragraph (g)(1) of this section.

b. A school board may not expand the permissible reasons for a board member to attend remotely beyond those enumerated under paragraph (g)(1) of this section.

(3) A school board member attending remotely under paragraph (g)(1) of this section is counted as though physically present for purposes of quorum and voting.

(4) The means used to facilitate remote attendance under this subsection must allow all participating members and witnesses to simultaneously hear the comments of each member or witness.

Legislative History

14 Del. C. 1953, § 1048; 56 Del. Laws, c. 292, § 6 ; 59 Del. Laws, c. 91, § 1 ; 73 Del. Laws, c. 262, § 1 ; 84 Del. Laws, c. 14, § 1 ; 85 Del. Laws, c. 182, § 2 ; 85 Del. Laws, c. 184, § 1