Delaware Code Title 14 Sec. 312 – Board decision and appeal; State Board’s duties
(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter, or a waiver of the ineligibility under § 410(a) of this title.
Terms Used In Delaware Code Title 14 Sec. 312
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Association: means the Delaware Interscholastic Athletic Association. See Delaware Code Title 14 Sec. 302
- Board: means the Board of Directors of the Delaware Interscholastic Athletic Association. See Delaware Code Title 14 Sec. 302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- State Board: means the State Board of Education. See Delaware Code Title 14 Sec. 302
(b) The Board shall issue in writing its decision in a controversy involving a waiver within 20 days from the date of hearing.
(c) A party to a controversy may appeal the Board’s decision to the State Board by doing all of the following:
(1) Stating the party’s grievance in a petition.
(2) Ensure that the petition is served on the Association‘s executive director by certified or registered mail within 30 days after receiving notice of the decision.
(d) The State Board shall do all of the following;
(1) Rule on each appeal under this section.
(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.
(3) Overturn the Board’s decision only if the State Board finds that the Board’s decision was not supported by substantial evidence or was arbitrary or capricious.
73 Del. Laws, c. 374, § ?3; 81 Del. Laws, c. 72, § 1; 83 Del. Laws, c. 518, § 12;