Delaware § 802 - Shared decision-making at the school district level.

§ 802. Shared decision-making at the school district level.

(a) Each board of education shall initiate with other representatives of the school community initial structured conversations and activities concerning the utilization of shared decision-making by April 1, 1998, using such funds as are appropriated for this specific purpose in the annual appropriations act and as specified under § 807(a) of this title.

(b) The local board of education shall facilitate the selection of a district shared decision-making advisory committee (“District Advisory Committee”) through an inclusive process that reflects the diversity within the school community.

Representatives of employee groups recognized under Chapter 40 of this title shall be selected by the relevant exclusive representative in a manner of the exclusive representative’s choosing. Employees not organized under Chapter 40 of this title shall select their representatives from the membership of their employee groups. For student (where appropriate), parent and community groups, the local board of education shall coordinate the selection of representatives with organizations for each of these groups where they exist.

(c) The structured conversations and activities of the District Advisory Committee shall result in a Report and Recommendation to the local board, through a decision-making process it developed to produce as much agreement as practicable, that:

(1) They wish to pursue shared decision-making further by developing a district transition plan to implement shared decision-making as a means of pursuing school improvement in the district, identifying the process they recommend for establishing a district transition plan, and determining the composition and roles and responsibilities of the “District Transition Team” to develop the district transition plan; or

(2) They recommend that the district not explore shared decision-making further.

(d) Each representative of a stakeholder group who participates in the structured conversations and activities of the District Advisory Committee pursuant to subsection (b) of this section shall sign the Report and Recommendation pursuant to subsection (c) of this section. Each such representative shall also indicate that they have made a good faith effort to communicate with their stakeholder group so as to ensure that the views of the membership of their stakeholder group were reflected in the Report and Recommendation.

(e) If the school community agrees to pursue shared decision-making further, the school board shall, after due consideration of the Report and Recommendation of the District Advisory Committee, officially vote to endorse the concept of shared decision-making, the process for establishing a district transition plan, the composition of the District Transition Team (whose membership shall be selected in accordance with the procedures set forth in subsection (b) of this section); and the roles and responsibilities delegated to the District Transition Team. If the board has concerns with a recommendation by the District Advisory Committee, it shall remand that recommendation to the District Advisory Committee for its proposed resolution of the concerns. The resolution shall be presented to and endorsed by the board before the board applies for a district transition planning grant.

(f) The Department of Education shall provide local school boards with assistance, guidance and strategies to initiate and plan the implementation of these structured conversations and activities.

70 Del. Laws, c. 457, §  1;  71 Del. Laws, c. 180, §  38;