§ 316 — Appeal of Executive Director’s decision

(a) A party to a controversy may appeal the Executive Director’s decision under § 315 of this title to an appeals panel comprised of 3 Board members. The Board’s chair shall select the 3 members of the appeals panel on a per case basis.

(b) To request an appeal, a party to a controversy must do all of the following:

(1) State the party’s grievance in a petition.

(2) Ensure that the petition is served on the Executive Director by certified or registered mail within 15 days after receiving notice of the Executive Director’s decision.

(c) In considering an appeal, the appeals panel shall do all of the following:

(1) Review the documents that the Executive Director considered in making the decision on the waiver.

(2) Overturn the Executive Director’s decision only if the Board finds that the decision is not supported by substantial evidence or is arbitrary or capricious.

(3) Issue a decision affirming or overturning the Executive Director’s decision not later than 30 days after receiving a petition under subsection (b) of this section.

(d) The appeals panel may not do either of the following:

(1) Consider evidence or documents that were not part of the information that the Executive Director considered in making the Executive Director’s decision.

(2) Hold a hearing on the appeal or ask questions of the student who is the subject of the appeal.

Legislative History

84 Del. Laws, c. 343, § 7