Heritage Foundation Leadership for America

Charter schools became an option in 1995 when then-Governor Thomas Carper, a Democrat, signed into law the Charter School Act of 1995. The law has been amended several times. During the first three years, the number of charters was limited to five per year; since then, there has been no limit on the number of schools that can be chartered. Both the state and local boards may charter schools. The initial chartering period is four years.[1]

Since July 1996, Delaware parents have been able to enroll their children in any public school with available seats in the state. Transportation is provided for low-income students.[2]

In 1997, then-State Representative Deborah H. Capano (R-12) introduced House Bill 367 to create a private school choice program. The bill would have provided annual scholarship grants to the parents or guardians of students attending an accredited non-public school in participating school districts; would have allowed a school district to opt into the program by vote of the school board or by referendum; and would have provided scholarships of up to $2,700, based on family income. The bill died in the Education Committee.[3]

In 1999, H.B. 362 was introduced to provide a tax credit for education expenses, including tuition, book fees, transportation, computer software, and extracurricular activities fees. Credits would have been available for families earning under $100,000. Depending on annual income, families would have received a credit ranging from $1,000 to $3,000 per year. The bill died in committee.[4]

In 2002, the governor signed three bills--Senate Bill 291, S.B. 298, and S.B. 168--that amended the charter school law. S.B. 291 requires schools to keep students for at least one year, requires the Delaware Department of Education to review and possibly sanction a management company that fails to open a school as planned, and sets deadlines for application and for obtaining a certificate of occupancy prior to opening the school. S.B. 298 reduced the length of a leave of absence teachers may take from a traditional public school to teach in a charter school. S.B. 168 clarified the roles and responsibilities of chartering authorities.[5]

In 2003, the governor signed two bills relating to charter schools. S.B. 92 specifies that charter-school teachers are eligible for critical need scholarships. These scholarships enable teachers with temporary or Limited Standard Certificate in a critical subject area to be reimbursed for up to three credits of coursework that will enable them to earn Standard Certification. She also signed S.B. 68, which extends the Christa McAuliffe Scholarship Program to teachers in charter schools.[6]

In 2004, the governor signed into law two bills concerning charter schools: S.B. 330 extends the initial charter term to four years and standardizes deadlines for expiration and renewal. She also signed S.B. 275, which ends the practice of requiring the state auditor to conduct two enrollment audits for each charter school every spring. Instead, charter schools must provide enrollment figures to districts by April 15 for the majority of their students. Schools must have written confirmation of enrollment from parents.[7]

Terry Spence, Speaker of the House of Representatives (R-Stratford), introduced H.B. 440 to provide vouchers for disabled children to attend non-public schools. The amount of the voucher would be 75 percent of what the state pays to educate the child in a public school. The bill was assigned to a committee but did not receive any legislative action.