Chapter 34

§ 3401 Purpose. It is the intent and purpose of the General Assembly through this chapter to standardize aspects of and streamline administration of a variety of student assistance programs administered by the Delaware Higher Education Office. 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; § 3402 Administration. (a) This chapter is administered by the Delaware Higher Education Office, hereinafter referred to as the “Office.” (b) The Office is authorized to award student financial aid from the programs described in this chapter subject to the limits of appropriations for this purpose. (c) The Department of Education, through the Office and subject to the approval of the State Board of Education, is authorized to adopt rules and regulations to implement this subchapter and the student assistance programs that it administers. (d) [Repealed.] (e) The Office shall inform college financial aid officers and high school counselors within the State of application procedures and deadlines. (f) Unless otherwise provided, no student is eligible for student assistance programs authorized in this chapter who has not been a resident of the State for at least 12 consecutive months immediately prior to the program application deadline. The place of residence of a student who is dependent on parental financial support is deemed to be the legal residence of the student’s parent or guardian. The place of residence of an independent student is deemed to be the legal residence of the student. Whether a student is considered to be independent is determined on the basis of the federal government’s financial aid independent student definition. No student is deemed to satisfy for the first time the residence requirement of these programs while the student’s principal occupation is that of student in a postsecondary program. Evidence of legal residence in Delaware that is deemed satisfactory to the Office must be provided. Such evidence may include: prior year Delaware income tax return, a valid Delaware driver’s license, a valid Delaware vehicle registration card or other evidence of bona fide residence in Delaware. Delaware residence is considered terminated 12 months after a move from the State. (g) Unless otherwise provided, awards from the programs authorized in this chapter may be used only at a higher education institution with accreditation from an accrediting agency recognized by the U.S. Department of Education. (h) Unless otherwise provided, awards from the programs authorized in this chapter are intended for full-time study. The Office may, however, in its discretion, make prorated awards to recipients enrolled less than full-time in specific programs. (i) By applying to the programs authorized in this chapter, an applicant agrees to release that applicant’s own academic and financial aid records to the Office. (j) Disbursement of scholarship funds shall be made only to institutions, not to individual recipients, upon receipt of institutional verification that the student’s academic, financial, and enrollment status meet program requirements. (k) (1) If, at the end of the drop/add period for a term, a recipient has withdrawn from school or otherwise does not qualify for full payment, the following refund policies apply: a. A student who will not be charged tuition or will receive a full refund of tuition paid is not entitled to receive any portion of the award and the full amount shall be refunded to the Office. b. A student who will be charged full tuition shall receive the full amount of the award for that term. c. A student who will be charged a percentage of tuition is entitled to that same percentage of the award, and the balance shall be refunded to the Office. (2) If a recipient’s school closes, the school must refund the full payment amount to the Office. ( l ) The Office may grant leaves of absence to students under circumstances including but not limited to: severe or prolonged illness; family emergency; local, state, or national state of emergency; religious obligation; or to pursue activities directly related to the student’s educational program. (m) [Repealed.] (n) Calculation of high school grade point average shall include unweighted grades in a core curriculum defined by the Office. (o) Calculation of cumulative grade point average in postsecondary coursework shall include grades earned at the most recent postsecondary institution attended. (p) The number and amount of awards shall be determined annually by the Office, except that awards may not exceed the cost of tuition, mandatory fees, room, board, books and other direct and indirect educational expenses. (q) The Office shall annually report the number of recipients and the total amount of expenditures made under this chapter for the programs administered by the Office. The report shall be delivered to the General Assembly, the Director and the Librarian of the Division of Legislative Services, Office of Management and Budget, and the Delaware Public Archives. Members of the General Assembly may request the institutions attended by recipients. (r) The Office is authorized to allocate unused funds among the various programs, with prior approval of the Secretary of Education, the Director of the Office of Management and Budget, and the Controller General, to meet state priorities, achieve program objectives, and respond to student demand. (s) Unused funds appropriated for these programs in any fiscal year shall be carried forward to the next fiscal year. (t) The General Assembly shall each year in the Budget Act appropriate a sum to be known as “Scholarships” for the purpose of carrying out the provisions of this chapter. Awards shall be made based on the amount of funds appropriated by the General Assembly and student demand. 73 Del. Laws, c. 188, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(7) ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; 84 Del. Laws, c. 81, § 373 ; 84 Del. Laws, c. 255, § 12 ; § 3411 Scholarship Incentive Program (ScIP). (a) It is the intent and purpose of the General Assembly through this section to do the following: (1) Provide financial aid to Delaware residents with demonstrated financial need so that within the limits of the fiscal capabilities of the State they are not denied an opportunity for a college education because of financial need. (2) Encourage qualified Delaware students to pursue courses of undergraduate, graduate, and professional education when such courses are unavailable in state-supported institutions. (b) The Office is hereby authorized to award scholarships from the Scholarship Incentive Program (ScIP) subject to the limits of its appropriations and the following limitations: (1) Scholarships shall be awarded only to persons who will enroll as full-time students in degree programs. (2) No student may receive more than 5 annual scholarships for either undergraduate or graduate study. (3) Scholarships may be used only at educational institutions that are accredited by an accrediting agency recognized by the U.S. Secretary of Education for either of the following: a. For undergraduate study, inside of the State. b. For undergraduate or graduate study outside of the State in degree programs that are not offered by a publicly-assisted institution in Delaware. (4) Scholarships shall be awarded on the basis of financial need. Financial need shall be determined by a federally-approved need analysis system. The financial need calculation shall consider the student’s expected family contribution, the expense of attending the institution selected, and the student’s eligibility for Pell grants and other federal, state or private grant assistance. (5) Students must reapply for the scholarships annually, maintain satisfactory academic progress at their educational institution, and continue to meet all qualifications of the Program. 14 Del. C. 1953, §§ 3401, 3404; 54 Del. Laws, c. 208, §  1 ; 61 Del. Laws, c. 472, §  1 ; 62 Del. Laws, c. 258, §  2 ; 70 Del. Laws, c. 161, §§ 1, 4 ; 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3412 Administration [Repealed]. 14 Del. C. 1953, §  3402; 54 Del. Laws, c. 208, §  1 ; 61 Del. Laws, c. 472, §  1 ; 62 Del. Laws, c. 258, §  2 ; 70 Del. Laws, c. 161, §  2 ; 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; repealed by 83 Del. Laws, c. 413, § 1, effective July 1, 2022. ; § 3413 Scholarships [Transferred]. Transferred to § 3411 of this title by 83 Del. Laws, c. 413, § 1, effective July 1, 2022. 83 Del. Laws, c. 413, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3416 Career-based scholarships. (a) It is the intent and purpose of the General Assembly through this subchapter to enable and encourage academically talented Delawareans to pursue careers in specific fields identified as areas of need within the State. (b) A committee of 5 to 8 members chosen by the Office for their knowledge of and expertise in employment trends in Delaware will review employment trends in Delaware and identify no more than 8 to 10 high need career fields from which scholarship applicants will be chosen. The career fields will be reviewed every 5 years by the committee. Additionally, the committee will define retention strategies to encourage recipients to pursue careers in Delaware. Contingent upon funding from the General Assembly and based on the size of the applicant pool, at least 1 student in each high need career field will be awarded a career-based scholarship annually. (c) To be eligible for a career-based scholarship an applicant must meet all of the following criteria: (1) The applicant must be enrolled in an undergraduate program of study leading to a career in a high need field as determined by the committee under subsection (a) of this section. (2) The applicant must be a resident of this State. (3) The applicant must be enrolled at a college or university that is located in Delaware and is accredited by an accrediting agency recognized by the U.S. Secretary of Education. (d) The amount of an award is determined by the Office. (e) Awards are renewable for up to 3 additional years if the student remains enrolled in a program of study leading to a career in a high need field as determined under subsection (a) of this section and maintains satisfactory academic progress. (f) If the committee determines that a particular high need field is no longer high need, students enrolled in a program of study leading to a career in that field will be eligible to renew their scholarship up to 3 additional years. 65 Del. Laws, c. 437, §  1 ; 73 Del. Laws, c. 188, §  1 ; 83 Del. Laws, c. 413, § 1 ; § 3417 Incentive loans awarded prior to July 1, 2022. (a) [Repealed.] (b) For the purpose of this section, an award is a scholarship that is not repaid to the State. Recipients awarded incentive loans prior to July 1, 2022, will be awarded a scholarship instead of an incentive loan if they are eligible to renew their award as provided in subsection (c) of this section. Recipients will be required to repay the full amount of any incentive loans made to them prior to July 1, 2022, unless the amount is forgiven as provided in this subchapter. (c) Renewal of awards is limited to the number of years that constitute the standard full-time completion rate. To be eligible for renewal of an award, the recipient must meet the academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted. Except for recipients of incentive loans under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program [14 Del. C. § 3423], the Office will determine whether a recipient is eligible to renew an award. The Division of Libraries will determine whether a recipient of an incentive loan under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program is eligible to renew an award. (d), (e) [Repealed.] 73 Del. Laws, c. 188, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3418 Repayment and forgiveness of incentive loans awarded prior to July 1, 2022. (a) The Office shall determine payment amounts, length of repayment period, and the rate and type of interest to accrue on awards, within the limitations specified in this chapter. (b) The Office shall communicate the terms of repayment and interest accrual to the recipient and secure a promissory note from the recipient attesting to the recipient’s agreement to such terms at the time the award is made. (c) Repayment or forgiveness will commence following completion of the program of study and a grace period not to exceed 12 months, or immediately after the student discontinues full-time enrollment or discontinues the specified program of study. (d) If after 12 months following graduation the recipient is engaged in qualifying employment, no repayment of award principal or interest will be required. The recipient’s awards will be forgiven in accordance with the service repayment ratios specified in this chapter and in the order in which they were made. (e) If during the period of service repayment, the recipient terminates qualifying employment, the recipient will be required to commence repayment of the awards or portions thereof which have not been forgiven at the time qualifying employment was terminated. (f) If after 12 months following graduation the recipient is not engaged in qualifying employment, the recipient shall be obligated to make monthly payments until the amount of the award and interest on the award from the date of disbursement is paid in full. (g) If during the period of cash repayment the recipient begins qualifying employment, payments will be deferred and the service repayment ratio specified in this chapter will be applied. Under no circumstances will payments already made by the recipient be reimbursed as a result of obtaining qualifying employment. (h) The Office may, in its discretion, grant deferments from repayment in cases of economic hardship, inability to secure qualifying employment, severe or prolonged illness, or other circumstances that can be documented to the satisfaction of the Office. Such deferments will be limited to periods not to exceed 1 year and only 1 deferment may be granted. The length and terms of a deferment shall be communicated in writing to the recipient. (i) The Office may grant a deferment of repayment obligations of up to 1 year to students who have a compelling reason to interrupt coursework temporarily. Students must submit a written request for deferment and provide such documentation as the Office deems necessary. Interest on the loan will continue to accrue during deferment periods. (j) A recipient’s repayment obligation may be forgiven if the Office determines that the recipient is unable to meet repayment obligations because of permanent disability or death. The Office may require such documentation as it deems necessary to verify claims or disability or death, including but not limited to a sworn affidavit from a qualified physician or a death certificate. 65 Del. Laws, c. 437, §  1 ; 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 97, §  2 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3419 Christa McAuliffe scholarship loans awarded prior to July 1, 2022. (a) Purpose. — It is the intent and purpose of this program to encourage academically talented Delawareans to pursue teaching careers in Delaware public schools. (b) [Repealed.] (c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment is employment as a teacher in a Delaware public school, whether as an employee of the State, the Department of Education, a school district or an individual school, or as an employee of a private organization providing educational services to Delaware school children under a contract with the State, the Department of Education, a school district or an individual school. (2) Awards will be forgiven at a rate of 1 year of qualifying employment for 1 year of loan. 65 Del. Laws, c. 437, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 75, §  1 ; 83 Del. Laws, c. 413, § 1 ; § 3420 Critical need scholarships. Transferred by 77 Del. Laws, c. 431, § 10, effective July 23, 2010, to § 3461 of this title. Section 3461 of this title was subsequently transferred to § 3436 of this title by 83 Del. Laws, c. 413, § 3, effective July 1, 2022. Section 3436 of this title was subsequently transferred to § 3435 of this title to conform to redesignations made in view of 84 Del. Laws, c. 350, § 2, effective Aug. 7, 2024. § 3421 Delaware nursing incentive program loans awarded prior to July 1, 2022. (a) Purpose. — It is the intent and purpose of the General Assembly through this subchapter to enable and encourage academically talented Delawareans to pursue nursing careers at state-operated hospitals or nonprofit hospitals located in this State. (b) [Repealed.] (c) Repayment and forgiveness. — (1) For the purposes of this program, qualifying employment shall be employment as a licensed practical nurse or a registered nurse at a state-owned hospital or clinic or a nonprofit hospital located in this State. (2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan. 66 Del. Laws, c. 214, §  1 ; 67 Del. Laws, c. 64, §§  1-4 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 188, §  1 ; 82 Del. Laws, c. 175, § 1 ; 83 Del. Laws, c. 413, § 1 ; § 3422 Speech/language pathologist incentive loan awarded prior to July 1, 2022. (a), (b) [Repealed.] (c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment is employment as a licensed speech pathologist either in a Delaware public school or by a provider for programs serving infants and toddlers under Part C, Birth to Three Early Intervention System [20 USC § 1431 et seq.] and their contractors. (2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan. (d) [Repealed.] 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 264, §§  1-4 ; 82 Del. Laws, c. 64, § 368 ; 83 Del. Laws, c. 413, § 1 ; § 3423 Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program loans awarded prior to July 1, 2022. (a) Purpose. — It is the intent and purpose of this Program to enable and encourage academically talented Delawareans to pursue careers as librarians and archivists in Delaware. (b) [Repealed.] (c) Repayment and forgiveness. — (1) For purposes of this Program, qualifying employment is employment as a librarian or archivist in a public library, public school library, a member library of the Delaware Library Consortium, state agency or political subdivision in Delaware. (2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan for bachelor’s degree students, and 2 years of employment for 1 year of loan for master’s and doctoral degree students. (3) The repayment and forgiveness of incentive loans awarded under this Program prior to July 1, 2022, will be administered by the Office. 70 Del. Laws, c. 521, §  1 ; 71 Del. Laws, c. 132, §§  381, 382 ; 73 Del. Laws, c. 188, §  1 ; 78 Del. Laws, c. 201, §  1 ; 81 Del. Laws, c. 82, § 1 ; 83 Del. Laws, c. 413, § 1 ; § 3424 Optometry scholarship loan awarded prior to July 1, 2022. (a) Purpose. — It is the intent of this program to encourage academically talented students to pursue careers as optometrists in Delaware. This program replaces the Optometric Institutional Aid Program, but does not change or limit the terms of contracts made to individuals under the provisions of the Optometric Institutional Aid Program. (b) [Repealed.] (c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment is the practice of optometry in the State. (2) Loans will be forgiven at a rate of 1 year of employment for 1 year of loan. 60 Del. Laws, c. 591, §§  1, 5 ; 61 Del. Laws, c. 472, §  3 ; 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3433 Teacher Academy Scholarship. (a) For purposes of this section: (1) “Career and technical education programs” mean programs established by the Department of Education that provide students with rigorous academic content, relevant technical knowledge and skills, and leadership development in a particular field or provide students with the opportunity to participate in work-based learning and to earn a recognized postsecondary credential as well as advanced postsecondary credit or standing in a particular field. (2) “Educator preparation program” means a program for educator training approved by the Department of Education in accordance with § 1280 of this title. (3) “Teacher Academy” means a career and technical education program offered in Delaware public schools, including charter and vocational-technical schools, that prepares students for careers in elementary and secondary education. (b) There is established a Teacher Academy Scholarship for individuals who have successfully completed a Teacher Academy and are enrolled in a Delaware college or university. (c) The scholarship award shall be $2,500 for 1 year only. The money may be paid in 2 equal parts, 1 part to be paid each semester. If there are more applicants than funding available, the Department of Education will develop criteria for a competitive awards process. (d) To be eligible for a Teacher Academy Scholarship, an applicant must have completed a Teacher Academy and be enrolled in an educator preparation program in Delaware as a full-time student with the intent to earn a bachelor’s degree. The applicant must attend the educator preparation program beginning the fall semester directly after high school graduation. (e) Applicants applying for an educator support scholarship, under § 3438 of this title, shall also be considered for the Teacher Academy Scholarship. A separate application for a Teacher Academy Scholarship may not be required. (f) Applicants must apply for all appropriate forms of financial aid for which the student is eligible including the federal Pell Grant, financial aid programs administered by the Delaware Higher Education Office, and financial aid programs administered by the institution of higher education. Applicants must accept all financial assistance offered or awarded to the applicant, except for loans. 85 Del. Laws, c. 368, § 1 ; § 3434 Speech-Language Pathologist Scholarship. (a) (1) It is the intent and purpose of the General Assembly through this section to enable and encourage Delawareans to pursue careers as speech-language pathologists in Delaware public schools and in the Birth to Three Program under Part C of the Individuals with Disabilities Education Act [20 USC § 1431 et seq.]. (2) To be eligible for the Speech-Language Pathologist Scholarship, an applicant must be enrolled as full-time student in a master’s degree program in a Delaware postsecondary institution that is accredited, or is a candidate for accreditation, by the Council on Academic Accreditation in Audiology and Speech-Language Pathology (CAA) of the American Speech-Language-Hearing Association and that will lead to licensure as a speech-language pathologist in Delaware. (3) The Office shall establish application requirements. (4) Scholarships are awarded contingent upon funding from the General Assembly and based on the size of the applicant pool. (5) Scholarships may be renewed for a total of 2 years of graduate study, if the recipient meets the renewal requirements established by the Office. (b) [Repealed.] 83 Del. Laws, c. 413, § 1 ; 84 Del. Laws, c. 350, § 2 ; 85 Del. Laws, c. 56, § 1 ; § 3435 Critical need reimbursement program. (a) Purpose. — It is the purpose of this program to increase the number of public school teachers with a standard certificate in their area of instruction. This will improve student achievement by enabling and encouraging those teachers to pursue education that will enable them to become fully certified and prepared to deliver high-quality instruction in state-approved critical need areas. This program will provide direct reimbursement to an institute of higher education or Secretary of Education-approved Alternative Routes for Teacher Licensure and Certification Program for coursework taken during the academic year, which includes fall, winter, spring and summer sessions. (b) Eligibility. — Applicants must meet all of the following criteria: (1) Be full-time employees of a Delaware public school district or a charter school. (2) Teach on an emergency certification or a certificate of eligibility. (3) Teach in a critical need area as defined by the Department of Education. (c) The Department shall identify a list of critical need areas and publish the list on the Department’s website annually. (d) Eligible institutions of higher education include any out-of-state regionally-accredited college or university, or Alternative Routes for Teacher Licensure and Certification Programs approved by the Delaware Secretary of Education and authorized to operate in Delaware. (e) Reimbursements. — (1) a. Reimbursement will be provided to eligible institutions and programs identified in subsections (c) and (d) of this section for approved coursework that meets Department of Education requirements. b. For a full-time employee of a public school district or charter school teaching on an emergency certification or certificate of eligibility, up to 1 of the following per academic year: 1. Two noncredit-bearing seminars or workshops required for certification. 2. Up to 6 credits. 3. One noncredit-bearing seminar or workshop required for certification up to 1 3-credit course. (2) Reimbursement funds shall be distributed to the institution of higher education upon course completion with a 2.0 or higher on a 4.0 scale for credit bearing courses or an equivalent passing grade in a noncredit-bearing course. Eligible institutions must verify enrollment and course grades prior to disbursement of funds. (3) Funding may not exceed the cost of tuition and fees or the equivalent at the highest cost public institution in Delaware. If funding exceeds the appropriation, eligible institutions of higher education will be awarded funds in a prorated share of the applicant pool. (4) The Department may set aside funds as available for teachers meeting these criteria as demand requires. 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 160, §§  1-7 ; 77 Del. Laws, c. 431, §  10 ; 81 Del. Laws, c. 202, § 16 ; 83 Del. Laws, c. 46, § 1 ; 83 Del. Laws, c. 413, § 3 ; 84 Del. Laws, c. 350, § 2 ; § 3436 Mental health critical need reimbursement program. (a) It is the purpose of this program to encourage school-based employees to become licensed mental health providers and remain school employees. (b) To be eligible for this program, an applicant must meet all of the following criteria: (1) Be a full-time employee of a Delaware public school district or a charter school. (2) Enrolled in a credit-bearing program intended to lead to certification or licensure appropriate for a full-time mental health services provider as required by the Board of Mental Health and Chemical Dependency Professionals. (3) Have signed a written commitment to work in a Delaware school for at least 3 years after receiving the certification or licensure for which they receive reimbursement under this section. (c) An eligible institution of higher education is an in-state or out-of-state regionally accredited college or university. (d) (1) Reimbursement will be provided to eligible institutions for up to 6 credits of approved coursework that meets Department of Education requirements. (2) Reimbursement funds shall be distributed to the institution of higher education upon course completion with a 2.0 or higher on a 4.0 scale for credit bearing courses or an equivalent passing grade in a noncredit-bearing course. Eligible institutions must verify enrollment and course grades prior to disbursement of funds. (3) Funding may not exceed the cost of tuition and fees or the equivalent at the highest cost public institution in Delaware. If funding exceeds the appropriation, eligible institutions of higher education will be awarded funds in a prorated share of the applicant pool. (4) The Department may set aside funds as available for school employees meeting these criteria as demand requires. 84 Del. Laws, c. 350, § 2 ; § 3437 Public School Employee Support Program for High Needs Areas. (a) Establishment; statement of purpose. — (1) There is established a Public School Employee Support Program for High Needs Areas. The Program allows qualified applicants to apply for a stipend from the State. (2) The purpose of the Program is to improve educational outcomes for struggling student populations by working to retain all of the following: a. Educators who are of critical importance to those populations, including educators working in certification areas in which Delaware has a shortage and educators working in Delaware’s hardest-to-staff schools. b. Speech-language pathologists, school counselors, school psychologists, and school social workers who provide professional support services that are of critical importance to students. (3) The application required and policies adopted under this section must be available on the Office’s website. (b) As used in this section: (1) “Award” means a stipend payment made under the Program. (2) “Educator” means as defined in § 1202 of this title. “Educator” includes teachers employed by the Delaware Division for the Visually Impaired who teach students with visual impairment. (3) “English learners” means students with limited English proficiency and who meet the definition of English learner as that term is defined by the Department rules and regulations. (4) “High needs area” means any of the following: a. A certification area the Office has identified as being difficult to staff or of critical need. b. A school in the top quartile in 3 or more of the following: 1. Percentage of low-income students. 2. Percentage of English learners. 3. Percentage of students with disabilities. 4. Percentage of minority students. c. A school with 90% of its students classified as low-income, English learners, or minority. d. Any facility operated by the Department of Services for Children, Youth and their Families in which education programs are provided. (5) “Low-income students” means students within the statewide metric determined by the Department of Education utilizing direct certification for Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP). (6) “Minority students” means students who are members of a racial or ethnic group other than the racial or ethnic group that represents the majority of the State's population. (7) “Office” means the Delaware Higher Education Office. (8) “Program” means the Public School Employee Support Program for High Needs Areas established in this section. (9) “Public school employee” means all of the following: a. An educator. b. A speech-language pathologist. c. A school counselor. d. A school psychologist. e. A school social worker. (10) “Qualified educational loan” means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational expenses related to a public school employee’s undergraduate or graduate degree program. (11) “School” means a Delaware public school, including a vocational-technical school and a charter school established under Chapter 5 of this title. (12) “Students with disabilities” means students who, because of mental, physical, emotional, developmental, speech, or learning disability problems, as defined by the Department of Education rules and regulations, require special education and related services in order to develop their own capabilities. (c) Funding. — Appropriations for the Program are made to the Department through the Budget Appropriations Bill in a separate line item appropriation. (d) Eligibility for Program. — In order for an individual to be eligible for the Program, all of the following must apply: (1) The individual is a full-time public school employee at a school in a high-needs area. (2) [Repealed.] (3) For an individual who is applying to the Program as an educator, meets all of the following requirements: a. The individual has a valid, current license and certificate through the Delaware Department of Education. b. The individual has not had an ineffective evaluation on the State’s current evaluation system, or the equivalent on a state-approved alternative educator evaluation system. c. The individual instructs or provides educational support in an identified high needs area for at least 1 school year. (4) For an individual who is applying to the Program as a speech-language pathologist, the individual must be employed full-time as a speech-language pathologist in a school for a minimum of 1 school year. (5) For an individual who is applying to the Program as a school counselor, school psychologist, or school social worker, meets all of the following requirements: a. The individual has obtained a license and certificate through the Delaware Department of Education. b. The individual must be employed full-time as a school counselor, school psychologist, or school social worker in a school for at least 1 school year. (e) Application. — (1) The application to participate in the Program must require each applicant to certify that the applicant meets the eligibility requirements of subsection (d) of this section. The application is otherwise in the form prescribed by the Office. (2) Annually, each applicant must submit a new, completed application and any additional information the Office may request in accordance with Program regulations. (f) Decision and disbursement. — (1) The ability to make awards each year is contingent upon the availability of funds. (2) If possible, the Office shall make an award to every applicant who satisfies the requirements of this section. (3) If there are insufficient funds to make an award to every applicant who satisfies the requirements of this section, the Office shall give priority to applicants who meet 1 or more of the following criteria: a. Applicants employed in both a certification area and a school that the Office identifies as a “high needs area,” as defined in this section. b. Applicants having the greatest financial need. (4) The applicants having the greatest financial need is determined in the sole discretion of the Office. To determine financial need the Office shall request at least the applicant’s income and total amount of qualified educational loans. The Office shall determine, in its sole discretion, the weight given to the information. a.-d. [Repealed.] (5) The Office has sole discretion to prioritize applications and determine awards consistent with the requirements of paragraphs (f)(2) and (f)(3) of this section. (6) The Office shall make an award through the State’s central payroll operation. (7) An applicant may receive only 1 award per year and may receive no more than 5 awards in the applicant’s lifetime. (g) Amount of award. — An award must be at least $1,000. (h) The Department of Education, through the Office, is authorized to adopt rules and regulations to implement this section, subject to the State Board of Education’s approval. The Office may adopt rules and regulations that refine or narrow eligibility requirements or high needs areas, but the Office may not expand the pool of public school employees who are eligible to receive an award beyond the limits set forth in this section. (i) Penalties.— If an applicant knowingly submits false information or commits fraud in connection with the application process, the Office may reevaluate the applicant’s eligibility for an award, and may withdraw an award. Any award made as the result of deliberate fraud may be recovered by the Department of Justice through an action at law. (j) Annual reporting. — (1) Each fiscal year, the Office shall report to the chairs of the House and Senate Education Committees of the General Assembly all of the following summary data, which must be de-identified to the greatest extent possible: a. The aggregate number of public school employees who applied for an award. b. The aggregate number of public school employees who received an award. c. The races or ethnicities represented by public school employees who applied for an award. d. The races or ethnicities represented by public school employees who received an award. e. The certification areas of public school employees who applied for an award. f. The certification areas of public school employees who received an award. g. The average amount of an award to a public school employee. h. The names of the schools that employed public school employees who applied for an award, and for each school, its percentage of low-income students, English learners, students with disabilities, and minority students. i. The names of the schools that employed public school employees who received an award, and for each school, its percentage of low-income students, English learners, students with disabilities, and minority students. j. Other summary data the Office identifies as outcome indicators. (2) The summary data reported under paragraph (j)(1) of this section must be included with the annual report provided to the General Assembly under § 3402 of this title. (k) If a provision of this section or the application of this section to a person or circumstance is held invalid, unenforceable, or unconstitutional, the remainder of the provisions, and the application of the provisions to any person or circumstance, are not affected. 81 Del. Laws, c. 426, § 1 ; 83 Del. Laws, c. 413, § 8 ; 85 Del. Laws, c. 56, § 2 ; § 3438 Educator Support Scholarship. (a) It is the intent and purpose of the General Assembly through this section to enable and encourage Delawareans to pursue careers in Delaware public schools as teachers or specialists in specific areas identified as areas of need within the State. (b) The areas of need will be determined each year by the Office. (c) To be eligible for the educator support scholarship, all of the following apply: (1) The applicant must be enrolled in an undergraduate or graduate program of study leading to a career as a teacher or specialist in an area of need as determined by the Office. (2) The applicant must be a resident of this State. (3) The applicant must be enrolled at a college or university that is located in Delaware and is accredited by an accrediting agency recognized by the U.S. Secretary of Education. (d) Contingent upon funding from the General Assembly and based on the size of the applicant pool, at least 1 applicant in each area of need will be awarded the scholarship annually. The amount of the award will be determined by the Office. (e) Awards are renewable for up to 3 additional years if the recipient remains enrolled in a program of study leading to a career as a teacher or specialist in an area of need as determined by the Office and maintains satisfactory academic progress. (f) If a particular area is determined to no longer be an area of need, recipients enrolled in a program of study leading to a career in that area are eligible to renew their award up to 3 additional years. 83 Del. Laws, c. 413, § 1 ; § 3439 Mental Health Services Scholarship. (a) (1) To be eligible for the Mental Health Services Scholarship, an applicant must be enrolled as a full-time student in a master’s degree program in a Delaware postsecondary institution that will lead to certification as a school counselor, school psychologist, or school social worker in a Delaware public school. (2) The Office shall establish application requirements. (3) Scholarships are awarded contingent upon funding from the General Assembly and based on the size of the applicant pool. (4) Scholarships may be renewed for a total of 2 years of graduate study, if the recipient meets the renewal requirements established by the Office. (b) [Repealed.] 83 Del. Laws, c. 413, § 1 ; 85 Del. Laws, c. 56, § 3 ; 83 Del. Laws, c. 413, § 1 ; 84 Del. Laws, c. 350, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3440 Purpose. It is the intent and purpose of the General Assembly through this subchapter to provide scholarships to deserving Delaware students in memory of elected officials and other distinguished citizens who served the State with distinction and for whom recognition through an education endowment is a fitting memorial. To this end, the General Assembly hereby establishes the Memorial Scholarship Fund. 73 Del. Laws, c. 188, §  1 ; 83 Del. Laws, c. 413, § 1 ; § 3441 Awards. (a) Scholarships shall be awarded to students who will enroll as first-time, full-time students in the academic year following award of the scholarship. (b) [Repealed.] (c) Selection of scholarship recipients shall be based on criteria established by the Office that shall include the qualities of academic achievement, community service, participation in extracurricular activities and promise of academic success in college. (d) Where several students are judged to be equally qualified for the scholarships, financial need may be considered in making scholarship awards. (e) Awards are renewable within the limits of appropriations for the program, to a maximum of 4 awards, provided the student meets the academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted. 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3442 B. Bradford Barnes Memorial Scholarship. (a) One scholarship will be awarded each year to a graduating high school senior who will enter the University of Delaware. (b) The Office will award scholarships only to students who have received an offer of admission from the University of Delaware. The award must be accepted by the deadline established by the Office and may not be deferred. (c) Scholarships will be awarded in an amount sufficient to meet the costs of tuition, required fees, room, board, and books at the University of Delaware. 66 Del. Laws, c. 280, §  1 ; 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3443 Herman M. Holloway, Sr. Memorial Scholarship. (a) One scholarship will be awarded each year to a student who will enter Delaware State University. (b) The Office will award scholarships only to students who received an offer of admission from Delaware State University. The award must be accepted by the deadline established by the Office and may not be deferred. (c) Scholarships will be awarded in an amount sufficient to meet the costs of tuition, required fees, room, board, and books at Delaware State University. 69 Del. Laws, c. 448, §  1 ; 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3444 Charles L. “Chuck” Hebner Memorial Scholarship awarded prior to July 1, 2022. Recipients awarded the Charles L. “Chuck” Hebner Memorial Scholarship prior to July 1, 2022, are eligible to renew their awards as provided in § 3441(e) of this title. (1)-(4) [Repealed.] 72 Del. Laws, c. 347, §  1 ; 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 1 ; § 3445 Ivyane D.F. Davis Memorial Scholarship Fund. Transferred to § 3463 of this title by 83 Del. Laws, c. 413, § 5, effective July 1, 2022. § 3446 Michael C. Ferguson Achievement Awards. Transferred by 77 Del. Laws, c. 431, § 9, effective July 23, 2010, to § 3460 of this title, which was subsequently repealed by 83 Del. Laws, c. 413, § 1, effective July 1, 2022. § 3447 Charles L. “Chuck” Hebner Scholarship awarded after July 1, 2022. (a) High school seniors who plan to enroll as full-time students at a degree-granting college during the academic year immediately following high school graduation and who meet application requirements established by the Office are eligible to apply. (b) The amount of the award will be determined by the Office. (c) Where such education costs are nonexistent or reduced, as in the case of U.S. military academies, the Office may designate a particular student as a Charles L. Hebner Scholar without monetary award or may reduce the value of the scholarship. 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  12 ; 83 Del. Laws, c. 413, § 2 ; § 3448 Lewis M. “Skipper” Purnell Cultural Resources Memorial Scholarship [For application of section, see 83 Del. Laws, c. 414, § 3]. (a) Purpose. — It is the intent and purpose of this scholarship to enable and encourage academically-talented Delawareans to pursue careers as cultural resources professionals. (b) Awards. — (1) The Office will award scholarships for graduate education in certificate or master’s degree programs of museum studies and degrees required for meeting the U.S. Secretary of Interior Historic Preservation Professional Qualifications Standards in history, architectural history, or archeology. Preference is given to persons currently employed in Delaware by a public or nonprofit museum or cultural resource agency, any subdivision of state, county or municipal government engaged in museum or cultural resources interpretation or management, or any institutional member of the Delaware Museum Association. Preference is also given to persons employed by a State-recognized tribe under §§ 106 and 107 of Title 29 or persons who otherwise serve in an official capacity to a State-recognized tribe as nominated by the Chief or Tribal Council of such tribe. (2) The Office may also award scholarships for a course of study leading to a bachelor’s degree prior to the master’s degree or for a doctoral degree following the master’s degree. Awards under this paragraph are limited to persons who have been employed for a minimum of 6 months in Delaware by a public or nonprofit museum or cultural resource agency, or any subdivision of state, county, or municipal government engaged in museum or cultural resources interpretation or management, or any institutional member of the Delaware Museum Association. (3) Selection criteria may include consideration of community service, academic achievement, and financial need. (c) Renewal. — Renewal of awards is limited to the number of years that constitute the standard full-time completion rate. To be eligible for renewal of an award, the recipient must meet academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted. 83 Del. Laws, c. 414, § 1 ; 83 Del. Laws, c. 413, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3451 Statement of purpose. It is the purpose of this subchapter to provide educational benefits for the children of deceased veterans of the military services of the United States, military service personnel held prisoner of war, military service personnel officially declared to be missing in action, employees of the Department of Transportation as defined in § 3452(a)(1)e. of this title, and state police officers killed in the line of duty. 59 Del. Laws, c. 333, §  1 ; 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 396, §  1 ; § 3452 Requirements to receive benefits. (a) In order to qualify for the benefits of this subchapter, an applicant shall be: (1) The child of: a. A member of the armed forces who was killed while on active duty or who died from disease, wounds, injuries or disabilities arising or resulting from performance of duty; b. A member of the armed forces who is being held or who was held as a prisoner of war; c. A member of the armed forces officially declared missing in action; or d. A state police officer who was killed in the line of duty or who died from disease, wounds or disabilities arising or resulting from pursuit of the officer’s official duties; e. An employee of the Department of Transportation routinely employed in job-related activities upon the state highway system, such as toll operators, construction inspectors, equipment operators, bridge inspectors and maintenance staff, and survey crews, who was killed in the line of duty or who died from disease, wounds, or disabilities arising or resulting from pursuit of the employee’s official duties. (2) A person who at the time of application for benefits is at least 16 years of age, but not more than 24 years of age, and who shall have been a resident of the State for at least 3 years prior to the date of application; and (3) Attending or admitted for attendance at an educational institution beyond the high school level in a program not to exceed 4 years in duration. (b) No child of a member of the armed forces shall receive educational benefits in accordance with this subchapter unless such child qualifies under subsection (a) of this section, and: (1) A parent of such child is a resident of the State and is or was missing in action or held as a prisoner of war; or (2) A parent of such child was a resident of the State at the time such parent was killed or later died from disease, wounds, injuries or disabilities arising or resulting from performance of duty. 59 Del. Laws, c. 333, §  1 ; 66 Del. Laws, c. 137, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 396, §  2 ; § 3453 Vested rights. Any person found to be qualified for the benefits of this subchapter as the child of a deceased or missing veteran shall not be divested of the benefits upon the return of the veteran who was a prisoner of war, missing in action or mistakenly listed as deceased. 59 Del. Laws, c. 333, §  1 ; 73 Del. Laws, c. 188, §  1 ; § 3454 Eligible institutions. Benefits authorized in this subchapter may be utilized for attendance at: (1) An institution financially supported by the State; (2) If the desired major or training is not available in such an institution, then at a private institution in Delaware; (3) If there is no institution in Delaware offering such major or training, at a public or private institution in another state; or (4) If an eligible student chooses to attend an institution out of the sequence described herein, the value of the benefit will be reduced as described in this subchapter. 59 Del. Laws, c. 333, §  1 ; 67 Del. Laws, c. 401, §  1 ; 73 Del. Laws, c. 188, §  1 ; § 3455 Extent of benefit. (a) The per student benefits granted under this subchapter may not exceed the amount of tuition and fees per academic year. (b) Benefits shall be limited to 4 years of training or education. (c) If the student attends an institution according to the priority sequence outlined above, the benefit shall be equal to the amount of tuition and fees. If the student chooses to attend a Delaware private institution when that student’s major is offered at a Delaware public institution, or if the student chooses to attend an out-of-state institution when that student’s major is offered at a Delaware public institution and/or a Delaware private institution, the amount of the benefit shall be equal to the tuition and fees of: (1) The average tuition and fees of the Delaware public institutions which offer the major; or (2) The average tuition and fees of the Delaware private institutions which offer the major, if it is not offered at a Delaware public institution. 59 Del. Laws, c. 333, §  1 ; 67 Del. Laws, c. 401, §  2 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 188, §  1 ; § 3460 Michael C. Ferguson Achievement Awards [Repealed]. 73 Del. Laws, c. 188, §  1 ; 77 Del. Laws, c. 431, §  9 ; repealed by 83 Del. Laws, c. 413, § 1, effective July 1, 2022. ; § 3461 Critical need reimbursement program. Transferred to § 3436 of this title by 83 Del. Laws, c. 413, § 3, effective July 1, 2022. Section 3436 of this title was subsequently transferred to § 3435 of this title to conform to redesignations made in view of 84 Del. Laws, c. 350, § 2, effective Aug. 7, 2024. 73 Del. Laws, c. 188, §  1 ; 74 Del. Laws, c. 160, §§  1-7 ; 77 Del. Laws, c. 431, §  10 ; 81 Del. Laws, c. 202, § 16 ; 83 Del. Laws, c. 46, § 1 ; 83 Del. Laws, c. 413, § 3 ; 84 Del. Laws, c. 350, § 2 ; § 3462 Ada Leigh Soles Memorial Professional Librarian and Archivist Scholarship. (a) Purpose. — It is the intent and purpose of this scholarship to enable and encourage academically-talented Delawareans to pursue careers as librarians and archivists in Delaware. (b) Administration. — (1) This scholarship is administered by the Delaware Division of Libraries. (2) The Division of Libraries shall adopt rules and regulations as it deems necessary and proper to administer the provisions of this scholarship. (c) Awards. — (1) Awards shall be provided for graduate education in master’s degree programs of library and information studies that are accredited by the American Library Association. Preference shall be given to persons currently employed by a Delaware public library, county department of libraries, public school library or state agency library, a member library of the Delaware Library Consortium, or archive. (2) Awards may also be provided for a course of study leading to a bachelor’s degree prior to the master’s degree and/or a doctoral degree following the master’s degree. Awards shall be limited to persons who have been employed at a Delaware public library, county department of libraries, public school library, a member library of the Delaware Library Consortium, or state agency library or archive for a minimum of 2 years. (3) Selection criteria may include consideration of community service, academic achievement, and financial need. (d) Renewal. — (1) Renewal of awards is limited to the number of years that constitute the standard full-time completion rate. To be eligible for renewal of an award, the recipient must meet the academic progress standards set by the Division of Libraries and communicated in writing to the recipient at the time the initial award is granted. The Division of Libraries will determine whether a recipient of an incentive loan under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program is eligible to renew an award. (2) Recipients of incentive loans under the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program awarded prior to July 1, 2022, are eligible to renew their award as provided in § 3417 of this title. The Division of Libraries will determine whether such recipient is eligible to renew an award. 83 Del. Laws, c. 413, § 1 ; § 3463 Ivyane D.F. Davis Memorial Scholarship Fund. (a) Purpose. — It is the intent and purpose of the General Assembly through this section to provide scholarships in memory of Ivyane D.F. Davis, who died February 7, 1989, to deserving Delaware students who have experienced foster care in Delaware, and to this end there hereby is established the Ivyane D.F. Davis Memorial Scholarship Fund. (b) Administration. — (1) Notwithstanding any other provision to the contrary, this scholarship fund shall be administered by the Child Protection Accountability Commission (Commission) with staffing from the Office of the Child Advocate. (2) The Commission shall adopt such rules and regulations as it deems necessary and proper to administer the provisions of this scholarship fund. (3) The Commission shall include in its annual summary to the Governor and the General Assembly, as required by § 931(b)(6)a. of Title 16, the number of recipients of scholarships, the institutions attended by said recipients, the total of expenditures made under this scholarship fund, and such other information as it deems useful. The summary may not include identifying or confidential information on scholarship recipients. (c) Eligibility. — Scholarships awarded under this scholarship fund are available to applicants who at any time experienced foster care in Delaware, and who have been accepted at or who are attending an institution of higher education or trade school. Scholarships may also be awarded for preparatory courses for standard admission tests required for higher education or trade school. (d) Scholarship awards. — (1) The Commission shall award Ivyane D.F. Davis Memorial Scholarships subject to General Assembly appropriations and private donations to and interest earned on proceeds of the scholarship fund created under this section. (2) The Commission may establish maximum and minimum awards. Scholarship awards may not exceed the amount set by the Commission. (3) Scholarships may be renewed upon application by recipients on an annual basis if the Commission is satisfied that the recipient is making satisfactory academic or vocational progress. (4) Selection of scholarship recipients shall be based on such criteria, established by the Commission, as academic achievement, community service, participation in extracurricular activities, and promise of success in the institution of higher education or vocational courses selected by applicants. (5) In cases where more than 1 applicant are judged to be equally qualified for scholarships, financial need shall be considered in establish