§ 1058 — Controversies concerning rules and regulations of the school board

The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board’s decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.

Legislative History

14 Del. C. 1953, § 1058; 56 Del. Laws, c. 292, § 6 ; 71 Del. Laws, c. 180, § 52 ; 74 Del. Laws, c. 233, §§ 1-4