DEPARTMENT OF EDUCATION
Office of the Secretary
400 Construction
410 Satellite School Agreements
1.0 Purpose
The purpose of this regulation is to outline the process for the establishment of a satellite school as allowable in14Del.C.§2005.
2.0 Definitions
"Charter school" means a school established pursuant to Chapter 5 of Title 14 of theDelaware Code.
"Charter school satellite school agreement" means the contract between a charter school and the private sector or governmental employer for the operation of a satellite school.
"Department" means the Delaware Department of Education.
"Local school district satellite school agreement" means the contract between the local school district and the private sector or governmental employer for the operation of a satellite school.
"Local school district" means a reorganized school district or vocational technical school district established pursuant to 14Del.C.Chapter 10.
"Satellite school" means a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.
3.0 Charter School Application for Approval Process
- 3.1 A charter school authorized by a local school district may only establish a satellite school within the authorizing school district’s boundaries. Charter schools authorized by the Department may establish a satellite school anywhere in the state.
3.2 An application for the establishment of a satellite school by a charter school shall be considered a major modification of the existing charter and shall follow the procedures as outlined in14DE Admin. Code275Section 9.0. Provided further, the charter school shall, at a minimum, meet the following requirements:
- 3.2.1 The satellite school shall be subject to the same health and safety codes and building codes, in accordance with the local code enforcement entity, as required by other public school facilities; and
- 3.2.2 The enrollment preferences shall be consistent with14Del.C.§506(b)and with any additional considerations as prescribed in14Del.C.§2005(c).
- 3.3 Approval by the Department shall require the assent of both the Secretary of Education and the State Board of Education. The decision shall be considered final and not subject to appeal.
4.0 School District Application for Approval Process
- 4.1 A local school district shall only establish a satellite school arrangement within the school district’s boundaries.
4.2 A local school district seeking approval for the operation of a satellite school shall apply to the Office of the Secretary, Delaware Department of Education. The application shall contain a copy of the local school district satellite school agreement that shall include, at a minimum, the following requirements:
- 4.2.1 The satellite school shall be subject to the same health and safety codes and building codes, in accordance with the local code enforcement entity, as required by other public school facilities;
- 4.2.2 The local school district shall confer with the State Risk Manager regarding any liabilities that they and their employers may be subject to and shall provide appropriate protection and coverage from same; and
- 4.2.3 The enrollment considerations shall be consistent with14Del.C.§2005(c).
- 4.3 Upon receipt of the documentation in subsection 4.2 of this regulation, the Department shall cause a review of the plans or inspection of the proposed facilities to be conducted by appropriate Department staff to determine the adequacy of the facilities for the intended educational purpose.
- 4.4 Approval by the Department shall require the assent of the Secretary of Education. The decision shall be considered final and not subject to appeal.
5.0 After Approval
Certificates of Occupancy or Occupancy Permits shall be obtained from the appropriate jurisdictional authorities prior to occupancy of the facilities by the satellite school. The satellite school shall be subject to the same periodic inspections for health and safety as other public schools.
23 DE Reg. 1014 (06/01/20)
29 DE Reg. 515 (12/01/25)
23 DE Reg. 1014 (06/01/20)
29 DE Reg. 515 (12/01/25)
23 DE Reg. 1014 (06/01/20)
29 DE Reg. 515 (12/01/25)
23 DE Reg. 1014 (06/01/20)
29 DE Reg. 515 (12/01/25)
2 DE Reg. 1383 (02/01/99)
6 DE Reg. 1348 (04/01/03)
12 DE Reg. 61 (07/01/08)
23 DE Reg. 1014 (06/01/20)
29 DE Reg. 515 (12/01/25)