Delaware

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1995
Year Charter School Law Was Enacted
24
Estimated Number of Charter Schools in 2017-18
16,500
Estimated Number of Charter School Students in 2017-18
160
out of
240
Total Score

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Delaware’s law does not cap public charter school growth, allows multiple authorizing entities, and provides a fair amount of autonomy and accountability to its public charter schools, but it provides inequitable funding to charter schools.

Delaware’s law still needs improvement in several areas, including ensuring equitable operational and facilities funding, ensuring adequate authorizing funding, and ensuring transparency regarding educational service providers.

*Since Delaware does not allow full-time virtual charter schools, the highest score possible is 228 for the remaining 20 components. However, we converted this score to one that is comparable to the states that allow full-time virtual charter schools. Delaware received 152 out of the 228 points available for the remaining 20 components, or 67 percent. We then multiplied the total points possible for all 21 components (240) by 67 percent to get a score comparable to the other states (160)

Component Scores

Are there caps on the growth of charter schools in this state?

Delaware law contains a provision allowing local school boards to refuse to accept applications in any given year, which is a potential deterrent for applicants. The law does not contain a similar provision for the state department of education.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
No
1B
If caps exist, there is room for growth.

Are a variety of charter schools allowed?

Delaware law allows new start-ups and public school conversions.

Subcomponents

Key
Yes
Some
No
Yes
2A
New startups.
Yes
2B
Public school conversions.

Are non-district authorizers available to which charter applicants may directly apply?

Delaware law requires applicants for public school conversions to apply to local school boards and applicants for new start-ups to apply to either local school boards or the state department of education with assent from the state secretary of education and the state board of education.

Subcomponents

Key
Yes
Some
No
Yes
3A
The state allows an applicant anywhere in the state to apply directly to a non-district authorizer(s).

Is an authorizer and overall program accountability system required?

The law requires local school boards to vote every year in public prior to September 1st to affirm that they are interested in authorizing.While the law does not require the legislature and governor to regularly review the performance of the state department of education as an authorizer, they can do so at any time. In addition, the ability of the state department of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).
Delaware law requires the state department of education to prepare a report for the governor and the general assembly on the success or failure of charter schools and propose changes in state law necessary to improve or change the charter school program. It requires such report to contain a section comparing the per student expenditures of charter schools, considering all sources of such expenditures, with those of other public schools. It also requires the report to contain the secretary of education’s analysis of, recommendations relating to, and proposed changes relating to Delaware education laws in light of the content of annual reports submitted by charter schools and the secretary’s assessment of specific opportunities and barriers relating to the implementation of charter schools’ innovations in the broader Delaware public education school system.
It does not contain at least a registration process for local school boards to affirm their interest in chartering to the state, does not require authorizers to submit an annual report that summarizes the agency’s authorizing activities as well as the performance of its school portfolio, does not require a regular review process of local school board authorizers by the state, and does not give the state the authority to sanction local school board authorizers.

Subcomponents

Key
Yes
Some
No
Some
4A
Registration process for school boards to affirm their interest in authorizing.
N/A
4B
Application process for other eligible authorizing entities (except a state charter schools commission).
No
4C
Authorizer submission of annual report.
Some
4D
The ability for the state to conduct a review of an authorizer’s performance.
Some
4E
The ability for the state to sanction an authorizer for poor performance, including suspending an authorizer’s authority to approve new schools.
Yes
4F
Periodic formal evaluation of overall state charter school program and outcomes.

Is there adequate authorizer funding?

Delaware law does not include any of the model law's provisions for adequate authorizer funding.

Subcomponents

Key
Yes
Some
No
No
5A
A uniform statewide formula that guarantees annual authorizer funding that is not subject to annual legislative appropriations.
No
5B
Requirement to publicly report detailed authorizer expenditures.
No
5C
Separate contract for any services purchased from an authorizer by a school.
No
5D
Prohibition on authorizers requiring schools to purchase services from them.

Are there transparent charter application, review, and decisionmaking processes?

Delaware law contains application elements for all schools. Delaware law contains additional application elements specific to conversion schools.
Delaware law allows highly successful charter school operators to submit an application to operate a charter school at the site of and serving students currently attending a charter school whose charter has been revoked, has not been renewed, or whose charter is on formal review and whose board has agreed to abandon their charter. If approved, the law allows these schools to open more quickly than the standard process.

Delaware law requires public hearings during the review and decision-making processes.

Delaware law provides that applicants seeking a charter from the state department of education that have submitted an application deemed by the department sufficient to receive a full review shall be offered an opportunity for an interview in support of the application. A similar provision does not exist for applicants seeking charters from local school districts. The law requires the authorizer to hold a public hearing to decide the appropriate action regarding the application.

Delaware regulation calls for a preliminary and final report that is made public to be presented to each applicant, which details in writing the comments of the committee concerning the application.

Subcomponents

Key
Yes
Some
No
Yes
6A
Application elements for all schools.
Yes
6B
Additional application elements specific to conversion schools.
No
6C
Additional application elements specific to using educational service providers.
Some
6D
Additional application elements specific to replications.
Some
6E
Requirement for thorough evaluation of each application, including an in-person interview and a public meeting.
Yes
6F
Application approval criteria.
Yes
6G
All charter approval or denial decisions made in a public meeting with authorizers stating reasons for denials in writing.

Are performance-based charter contracts required?

Upon approval of a charter school application, the law requires the state department of education to present applicants seeking a charter from the state with a charter contract that clearly defines the respective roles, powers, and responsibilities of the school and the approving authority and incorporates the provisions of the performance agreement entered into between the charter school and its approving authority pursuant to state regulations. The law provides that other approving authorities may choose to present applications they approve with such a charter contract. The law also states that where a charter contract is utilized, both the school and the approving authority shall execute the charter contract.
For state-authorized pubic charter schools, Delaware regulation provides that following charter approval, but not later than a date established by the state department of education, the applicant must enter into a performance agreement approved by the state department of education with the assent of the state board of education, which shall address the organizational, academic and financial performance expectations of the applicant during the term of the charter. The regulations require the state department of education, with the assent of the state board of education, to establish and publish a performance framework that shall be used to assess the school’s compliance with its performance agreement.
For an applicant proposing to serve students at risk of academic failure, regulations provide that the school’s performance agreement shall specify what, if any, portion of the performance framework shall or shall not apply to the school or whether the performance framework shall be modified to more appropriately measure the performance of the school.

The above provisions do not apply to charters authorized by local school boards.

Delaware law provides an initial term of four operating years.

Subcomponents

Key
Yes
Some
No
Some
7A
Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.
Some
7B
Defining the roles, powers, and responsibilities for the school and its authorizer.
Some
7C
Defining academic, financial, and operational performance expectations by which the school will be judged based on a performance framework.
No
7D
Providing an initial term of five operating years.

Are there comprehensive charter school monitoring and data collection processes?

Delaware law requires charter schools to submit annual performance reports. The law provides that the state department of education must determine content of annual reports, in addition to progress meeting performance goals and standards and a financial statement.
Delaware regulation requires the state department of education to conduct annual performance reviews of state-authorized charters based on a performance framework and to provide the results of the performance review to the school. This provision does not apply to charter schools authorized by local school boards.

Delaware law requires charter schools to undergo annual financial audits. It also provides that when a charter school knows or reasonably should know that it has or will become unable to pay in full its projected expenses as they fall due, the school must immediately so advise the state department of education and must provide the state department with all financial information. The law provides that charter schools that fail to do so must be placed on formal review.

Delaware law gives authorizers authority to conduct or require oversight activities, limited to the approval criteria for a charter school outlined in state law.

Delaware law allows an authorizer to notify a charter of potential violations and submit the charter to formal review to determine whether the charter school is violating the terms of its charter and whether to order remedial measures.

Delaware law allows an authorizer to place a school on a probationary status subject to terms determined by the approving authority that are directly relevant to the violation or violations.

Subcomponents

Key
Yes
Some
No
Yes
8A
Required annual school performance reports.
Yes
8B
Financial accountability for charter schools (e.g., generally accepted accounting principles, independent annual audit reported to authorizer).
Yes
8C
Authorizer authority to conduct oversight activities.
Yes
8D
Authorizer notification to its schools of perceived problems, with opportunities to remedy such problems.
Yes
8E
Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.
No
8F
Authorizer may not request duplicative data submission from its charter schools and may not use performance framework to create cumbersome reporting requirements.

Are there clear processes for renewal, nonrenewal, and revocation decisions?

Delaware law requires an authorizer to review the performance of the charter school and determine its satisfactory compliance with the law and its charter four years after a charter school has opened and every five years thereafter.
The law requires the approving authority to issue a charter school renewal report and charter renewal application guidance to any charter school whose charter will expire the following year. It requires the renewal report to summarize the charter school’s performance record to date, based on the data required by law and the charter contract and provide notice of any weaknesses or concerns perceived by the approving authority concerning the charter school that may jeopardize its position in seeking renewal if not timely rectified. The law provides the charter school with 10 working days to respond to the renewal report and submit any corrections or clarifications for the report.

The law provides that the renewal process shall, at a minimum, provide an opportunity for the charter school to: present additional evidence, beyond the data contained in the renewal report, supporting its case for charter renewal; describe improvements undertaken or planned for the school; and detail the school’s plans for the next charter term.

The law requires the renewal application guidance to include the criteria that will guide the approving authority’s renewal decisions. It requires the renewal determinations by the state department of education to be based on a school’s performance framework and the terms set forth in the charter contract. The law allows other approving authorities to choose to adopt the criteria utilized by the department. The law requires each approving authority to develop a rubric based on its criteria for evaluating renewal applications and provide this rubric to applicants as part of the renewal application guidance.

Delaware law requires the governing board of a charter school seeking renewal to submit a renewal application to the approving authority pursuant to the renewal application guidance issued by the approving authority.

Delaware regulation provides that state-authorized charters shall be renewed only if the school receives a satisfactory performance review, with the performance reviews conducted by the state department of education using the performance framework approved by the state department with the assent of the state board of education. This provision does not apply to charter schools authorized by local school boards.

Delaware law allows an authorizer to revoke a charter contract if the charter school, or its representatives, commits a material fraud on the approving authority or misappropriates federal, state, or local funds, fails to comply with its charter or fails to satisfy, in its operation of the school, its approval criteria.

The law provides that a charter school may be renewed for successive five-year terms of duration and allows an approving authority to grant renewal with specific conditions for necessary improvements to a charter school. Where a charter school has demonstrated an outstanding record of performance, the law allows an approving authority to grant it a renewal term of ten years. The law provides that any charter school receiving such an extended renewal term shall, at the midpoint of the ten-year charter, be subject to an annual performance and program evaluation that includes academic, financial, and operations data that looks back to all of the years of the charter up to that point. If, upon this evaluation, the approving authority determines that the charter school’s level of performance is deficient by renewal standards, the law allows the approving authority to initiate the formal renewal and non-renewal process.

The law requires the authorizer to notify the school of any violations and commence a formal evaluation. Delaware law allows the charter school to comment on the initial report of alleged violations at a minimum of 15 days prior to final review by the authorizer. If grounds exist for further investigation, the law requires the authorizer to hold a public hearing and allow the charter to respond to the alleged violations within the report.

The law requires the authorizer to hold a public hearing to decide the appropriate action regarding the charter. Regulation calls for a written final report in which comments related to actions and concerns are made public.

Prior to any charter school closure decision, the law requires an approving authority to have developed and utilize a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of the state’s charter school law and other applicable laws. It requires the protocol to specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the approving authority. In the event of a charter school closure for any reason, the law requires the approving authority to oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.

The law also requires that the transfer of a charter from one authorizer to another before the expiration of the charter term must involve a petition by the school or its authorizer to the new authorizer.

Subcomponents

Key
Yes
Some
No
Yes
9A
Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.
Yes
9B
Schools seeking renewal must apply for it.
Yes
9C
Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.
Yes
9D
Ability to have a differentiated process for renewal of high-performing charter schools.
Yes
9E
Authorizers must use clear criteria for renewal and nonrenewal/revocation.
Yes
9F
Authorizers must ground renewal decisions based on evidence regarding the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.
No
9G
Requirement that authorizers close chronically low-performing charter schools unless exceptional circumstances exist.
Yes
9H
Authorizers must have the authority to vary length of charter renewal contract terms based on performance or other issues.
Yes
9I
Authorizers must provide charter schools with timely notification of potential revocation or nonrenewal (including reasons) and reasonable time to respond.
Yes
9J
Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).
Yes
9K
All charter renewal, nonrenewal, and revocation decisions must be made in a public meeting, with authorizers stating reasons for nonrenewals and revocations in writing.
Yes
9L
Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.
Some
9M
Any transfer of charter contracts from one authorizer to another are only allowed if they are approved by the state.

Is there transparency regarding educational service providers?

Delaware law includes a small number of the model law’s provisions for educational service providers. Delaware law allows contracting with all types of educational service providers.
Delaware law provides that schools contracting with Education Service Providers must oversee and maintain authority over management, hold it accountable for performance as agreed under a written services agreement, and require annual financial reports of the education service provider.

Delaware law requires any person working in a public school to have background checks, including ESP employees who regularly come into contact with students.

While not in law or regulation, the state department of education’s application contains extensive application requirements for schools contracting with ESPs, including conflict of interest requirements.

Subcomponents

Key
Yes
Some
No
Yes
10A
All types of educational service providers (both for-profit and nonprofit) are allowed to operate all or parts of schools.
No
10B
The charter application requires (1) performance data for all current and past schools operated by the ESP, and (2) explanation and evidence of the ESP’s capacity for successful growth while maintaining quality in existing schools.
Yes
10C
A performance contract is required between the independent charter school board and the ESP, with such contract approved by the school’s authorizer.
Some
10D
School governing boards operate as entities completely independent of any ESP, individuals compensated by an ESP are prohibited from serving as voting members on such boards, and existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.
Yes
10E
Provides that charter school governing boards must have access to ESP records necessary to oversee the ESP contract.
Yes
10F
An ESP must annually provide information to its charter school governing board on how that ESP spends public funding it receives when the ESP is performing a public function under applicable state law.
Yes
10G
Requires that similar criminal history record checks and fingerprinting requirements applicable to other public schools shall also be mandatory for on-site employees of ESPs who regularly come into contact with students.

Are the schools fiscally and legally autonomous with independent charter school boards?

Delaware law includes provisions regarding the legal status, the corporate status, and the powers of a charter school. These provisions make clear that charter schools are fiscally and legally autonomous entities with independent governing boards.

Subcomponents

Key
Yes
Some
No
Yes
11A
Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds; incur debt; and pledge, assign, or encumber assets as collateral).
Yes
11B
Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).
Yes
11C
Independent school governing boards created specifically to govern their charter schools.

Are there clear student enrollment and lottery procedures?

Delaware law requires charter schools to provide open enrollment to any student in the state. It prohibits discrimination based on race, creed, color, sex, handicap, or national origin.
Delaware law allows, but does not require, charter schools to give preferences in student admissions to siblings of students currently enrolled at the school, to students attending an existing public school converted to charter status, and to children of a school's founders, so long as they constitute no more than 5% of the school's total student population.

Delaware law allows start-up charters to give the following types of preferences in student admissions as long as the school has described its preferences in the school's charter: students residing within a five-mile radius of the school; students residing within the regular school district in which the school is located; students who have a specific interest in the school's teaching methods, philosophy, or educational focus; students who are at risk of academic failure; and children of persons employed on a permanent basis for at least 30 hours per week during the school year by the charter school.
Delaware law requires charter schools to conduct a lottery in the case of over-enrollment.

Subcomponents

Key
Yes
Some
No
Yes
12A
Open enrollment to any student in the state.
Yes
12B
Anti-discrimination provisions regarding admissions.
No
12C
Required enrollment preferences for previously enrolled students within conversions and for prior-year students within charter schools.
Yes
12D
Lottery requirements.

Is there automatic exemption from many state and district laws and regulations?

Delaware law provides that charter schools are exempt from all provisions of the state's education code and all school district regulations, except as specified in the state's charter school law. In practice, the state does not provide charters with such extensive exemptions.
Delaware law requires charter teachers to be certified with certain exceptions.

Subcomponents

Key
Yes
Some
No
Yes
13A
Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.
Some
13B
Exemption from state teacher certification requirements.

Is there an automatic collective bargaining exemption?

Delaware state statute requires that non-charter public school teachers collectively bargain and that six topics must be covered in bargaining: wages, insurance or fringe benefits, hours, terms and conditions of employment, leave, and grievance procedures. No items are expressly excluded from bargaining.Delaware law provides that charter schools are exempt from participation in any district collective bargaining agreements.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Delaware allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. There has not been any reactive legislation enacted that applies to teachers.
Delaware law states that employees may petition the Public Employment Relations Board for a change or decertification of the exclusive representative. Employees must demonstrate support with signatures from 30 percent of the employees in the bargaining unit and allege that the exclusive representative is no longer the choice of the majority of the employees in the bargaining unit. No petition shall be entertained in the first three years of an active collective bargaining agreement. Petitions must be filed no more than 180 days and no less than 120 days after the expiration of the agreement or if one year has passed since an initial election and no collective bargaining agreement has been executed. The law provides that an election is not necessary if the organization can demonstrate support from a majority of the unit. No election may be held within a year of the past election.

Subcomponents

Key
Yes
Some
No
Yes
14A
Charter schools authorized by nonlocal board authorizers are exempt from participation in any outside collective bargaining agreements.
Yes
14B
Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

Are multischool charter contracts and/or multicharter contract boards allowed?

Delaware law allows independent public charter school boards to hold multiple charter contracts with independent fiscal and academic accountability for each school in the following situation: highly successful charter school operators that submit an application to operate a charter school at the site of and serving students currently attending a charter school whose charter has been revoked, has not been renewed, or whose charter is on formal review and whose board has agreed to abandon their charter. If approved, the law allows these schools to open more quickly than the standard process.

Subcomponents

Key
Yes
Some
No
No
15A
Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.
Yes
15B
Hold multiple charter contracts with independent fiscal and academic accountability for each school.

Is there eligibility and access to extracurricular and interscholastic activities?

Delaware law is silent about charter eligibility and access.

Subcomponents

Key
Yes
Some
No
No
16A
Laws or regulations explicitly state that charter school students and employees are eligible to participate in all extracurricular and interscholastic activities available to noncharter public school students and employees.
No
16B
Laws or regulations explicitly allow charter school students in schools not providing extracurricular and interscholastic activities to have access to those activities at noncharter public schools.

Is there clear identification of special education responsibilities?

Delaware law does not provide clarity regarding which entity is the LEA responsible for providing special education services. In practice, the charter school is the LEA. Delaware law provides charter schools with access to special support funded by the state for low incident high cost service through full access to the state's Interagency Collaborative Team.

Subcomponents

Key
Yes
Some
No
No
17A
Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.
Yes
17B
Clarity regarding the flow of federal, state, and local special education funds to the designated LEA.
Yes
17C
Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).
No
17D
Clarity that charter schools have access to all regional and state services and supports available to traditional districts.

Is there equitable operational funding and equal access to all state and federal categorical funding?

Delaware law provides that charter schools are funded through the same funding formula used for districts, with some exceptions.
Delaware law provides funding for charter school transportation at 75% of the average cost per student for transporting students within the vocational district in which the charter school is located.

In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Persists, 2014), Delaware charter schools were receiving on average $8,776 per pupil, while traditional public schools would have received $13,363 for those students. As a result, the state's charter schools were receiving $4,587 per pupil - or 34.3% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals continued inequities for operational, categorical, and capital funding (see component #19 for information on capital issues).

Subcomponents

Key
Yes
Some
No
Some
18A
Equitable operational funding statutorily driven.
No
18B
Equal access to all applicable categorical federal and state funding and clear guidance on the pass-through of such funds.
Some
18C
Funding for transportation similar to school districts.
No
18D
Annual report offering district and charter school funding comparisons and including annual recommendations to the legislature for any needed equity enhancements.

Is there equitable access to capital funding and facilities?

Delaware law requires the state department of education to administer a performance fund for charter schools, to be known as the “Charter School Performance Fund.” It requires the department to establish threshold eligibility requirements for applicants desiring to apply for funding, which shall include but not be limited to a proven track record of success, as measured by a performance framework established by the charter school’s authorizer or comparable measures as defined by the department. It also requires the department to establish criteria to evaluate applications for funding, which shall include but not be limited to the availability of supplemental funding from non-State sources at a ratio to be determined by the department. The law requires the department to prioritize those applications from applicants that have developed high-quality plans for start-up or expansion or serve high-need students, as defined by the department. The law provides that the fund shall be subject to appropriation and shall not exceed $5 million annually. The state is currently not providing any funding to this program.
Delaware law provides that charter schools are eligible to access tax-exempt bond financing through the Delaware Economic Development Authority and have access to the tax-exempt bond market through the county in which they reside. It also provides that charter schools have the same access to conduit bond financing as any other non-profit organization and that no state or local government unit may impose any condition or restriction on a charter school’s approval solely because the applicant is a public charter school.

The law provides that the state shall fund minor capital improvements at charter schools in the same manner as the state funds such improvements at vocational technical school districts.

Delaware law provides that school districts must make unused buildings or space in buildings available for charter schools and must bargain in good faith over the cost of rent, services, and maintenance related to such space.

Delaware law requires the state department of education and state department of administrative services to publish a list of all vacant and unused buildings and portions of buildings owned by the state or school districts that may be suitable for charter schools.

Subcomponents

Key
Yes
Some
No
Facilities Funding
No
19A
A per-pupil facilities allowance that annually reflects actual average district capital costs.
No
19B
A state grant program for charter school facilities.
Yes
19C
Equal access to existing state facilities programs available to noncharter public schools.
Access to Public Space
No
19D
A requirement for districts to provide school district space or funding to charter schools if the majority of that schools’ students reside in that district.
Some
19E
Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.
Access to Financing Tools
No
19F
A state loan program for charter school facilities.
Yes
19G
Equal access to tax-exempt bonding authorities or allowing charter schools to have their own bonding authority
No
19H
Pledging the moral obligation of the state to help charter schools obtain more favorable bond financing terms.
No
19I
The creation and funding of a state charter school debt reserve fund.
No
19J
The inclusion of charter schools in school district bonding and mill levy requests.
No
19K
A mechanism to provide credit enhancement for charter school facilities.
Other
Some
19L
Charter schools allowed to contract at or below fair market value with a school district, a college or university, or any other public or for-profit or nonprofit private entity for the use of facility for a school building.
No
19M
Certain entities allowed to provide space to charter schools within their facilities under their preexisting zoning and land use designations.
No
19N
Charter school facilities exempt from ad valorem taxes and other assessment fees not applicable to other public schools.

Is there access to relevant employee retirement systems?

Delaware law provides access to relevant employee retirement systems, but does not require participation.

Subcomponents

Key
Yes
Some
No
Yes
20A
Charter schools have access to relevant state retirement systems available to other public schools.
Yes
20B
Charter schools have the option to participate (i.e., not required).

Are there provisions for full-time virtual charter schools?

Delaware law does not allow full-time virtual charter schools.

Subcomponents

Key
Yes
Some
No
N/A
21A
An authorizing structure whereby full-time virtual charter schools that serve students from more than one district may be approved only by an authorizer with statewide chartering jurisdiction and authority, full-time virtual charter schools that serve students from one school district may be authorized by that school district, and a cap is placed on the total amount of funding that an authorizer may withhold from a full-time virtual charter school.
N/A
21B
Legally permissible criteria and processes for enrollment based on the existence of supports needed for student success.
N/A
21C
Enrollment level provisions that establish maximum enrollment levels for each year of a charter contract, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements.
N/A
21D
Accountability provisions that include virtual-specific goals regarding student enrollment, attendance, engagement, achievement, truancy, and attrition.
N/A
21E
Funding levels per student based on costs proposed and justified by the operators.
N/A
21F
Performance-based funding whereby full-time virtual charter schools are funded via a performance-based funding system based on meeting the accountability performance provisions.