Financial Assistance for Higher Education

Del. Code tit. 14, ch. 34
in effect

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3401A Purpose.

There is hereby created the Delaware Student Excellence Equals Degree, hereafter referred to as “SEED”, program. Under this subchapter, qualified, college-bound state resident students are relieved of the burden of paying undergraduate tuition at Delaware Technical and Community College, or the University of Delaware, Associate in Arts Program provided that these students meet the criteria set forth in this subchapter and are enrolled in a credit or noncredit program leading to the award of a recognized academic credential or pursuing studies leading to an associate degree at Delaware Technical and Community College. Students who qualify under this subchapter shall not have to repay the State because it is the intent and purpose of the General Assembly, through this subchapter, to help ensure that Delaware students stay in high school, excel academically, and have better access to higher education regardless of a family’s financial circumstances and therefore payments under this program shall be grants, not loans.

Del. Code tit. 14, § 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 (d) [Repealed.]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.

Del. Code tit. 14, § 3402A Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (1) “Academic year” shall mean the 3 consecutive academic semesters beginning with the fall semester. (2) “Adult student” shall mean an individual 25 years of age or older at the time of enrollment. (3) “Family” for a dependent applicant shall mean the applicant, the applicant’s parents or legal guardian, relative caregiver, and other children under the age of 21 of the applicant’s parents, legal guardian or relative caregiver. The term “family” for an independent applicant shall mean the applicant, an applicant’s spouse and any dependent children. (4) “Full-time” shall mean a minimum of 24 credit hours in each academic year. (5) “Institution” shall mean Delaware Technical and Community College or the University of Delaware, Associate in Arts Program. (6) “Recognized academic credential” shall mean a diploma or certificate of completion for a credit or noncredit training program consisting of 100 hours of instruction or more, or that requires a student to pass a licensure or certification examination approved by a federal, state or local government, regulatory body, or industry/trade group. (7) “School activity” shall mean open house, school curriculum night, parent and teacher conference night, holiday program, or other school-related events conducted by a public middle school or high school where parents, community members, and students are encouraged to attend and participate. (8) “Violent felony” shall mean any felony listed in § 4201(c) of Title 11, except for drug-related offenses set forth in Title 16.

Del. Code tit. 14, § 3403A Administration.

(a) This subchapter shall be administered by the institution where the student is enrolled or has sought admission. (b) Each institution shall adopt such rules and regulations as it deems necessary and proper to the administration of this subchapter. Such rules and regulations may include an appeals process to grant exceptions to the eligibility requirements set forth in § 3406A(a)(1) and (2) of this title for applicants who are unable to make steady academic progress toward the completion of an associate’s degree or other recognized academic credential due to military service, participation in a full time volunteer service program, personal or family hardship, or a documented medical condition. Applicants who are granted an exception pursuant to this subsection will remain subject to the limitation on eligibility set forth in § 3406A(c) of this title. (c) Each institution shall annually report to the General Assembly of the State the names of its own students enrolled in the SEED program and the total amount of expenditures made under this subchapter. The report must identify which of those students enrolled in the program pursue a bachelor’s degree after completion of an associate degree.

Del. Code tit. 14, § 3404A Eligibility.

(a) To be eligible to participate in the SEED program and to qualify for a grant to pay tuition by the State pursuant to this subchapter for the first semester or other academic unit of post-secondary enrollment at Delaware Technical and Community College or the University of Delaware, Associate in Arts program, a student shall meet all of the following: (1) Except as provided in paragraph (a)(6) of this section, a student who satisfies the state residency requirements set forth in the institution’s residency policy shall be eligible for such grant if that student is enrolled on a full time, degree seeking basis, is a student with a disability seeking a degree through the institution’s academic accommodation policy, or is enrolled in a credit or noncredit program leading to the award of a recognized academic credential at Delaware Technical and Community College. (2) The student shall not have been convicted of any violent felony and the student’s parent, legal guardian, or relative caregiver shall certify such fact. (3) A student shall have applied for all appropriate forms of financial aid for which the student is eligible including, but not limited to, the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Office, and financial aid programs administered by Delaware Technical and Community College, and/or the University of Delaware, and shall have accepted all such financial assistance offered or awarded to the student, except for loans. (4) A student shall have graduated from a Delaware public or nonpublic high school or have earned the Delaware State Board of Education Endorsement Secondary Credential. In addition, a student who enrolls in an associate’s degree program shall have graduated from a Delaware public or nonpublic high school with a minimum cumulative average of either 80% or higher on a 100 point scale or a grade point average (G.P.A.) of 2.5 or higher on a 4.0 scale as indicated on the student’s official high school transcript. A student who enrolls in an associate’s degree program as the holder of a Delaware State Board of Education Endorsement Secondary Credential shall have earned a cumulative score on the GED examination that is equivalent to a 2.5 G.P.A. on a 4.0 scale based on the standard formula for converting GED to GPA. For purposes of this subchapter, a student who does not meet the qualifying criteria may request the institution recalculate the point percentage or G.P.A. based on the student’s official high school transcript and the following conversion table: G.P.A. Conversion Letter Grade Numerical Grade G.P.A. A 92-100 4.00 B 83-91 3.00 C 75-82 2.00 D 65-74 1.00 F < 65 0.00 For purposes of this conversion chart, the numerical value assigned to a letter grade shall be the lowest value in the numerical scale. (5) A student shall have satisfied admission standards as determined by Delaware Technical and Community College or the University of Delaware, Associate in Arts program for entering students or as determined by the University of Delaware for the Associates in Arts Program; provided, however, that no student participating in the SEED program shall be admitted into Delaware Technical and Community College by special admission standards. (6) An adult student shall have been a Delaware resident as defined by the institution’s residency policy for not less than 5 consecutive years prior to the date of enrollment in addition to meeting the other requirements set forth in paragraph (a)(1) of this section. (7) Each institution shall create and implement its own equivalency standards for paragraph (a)(4) of this section in establishing eligibility of Delaware home schooled students for grants under the SEED program. (8) Subject to the limitations set forth in § 3406A(c) of this title, a student who enrolls in a credit or noncredit program leading to the award of a recognized academic credential with a cumulative high school G.P.A. less than 2.5 shall nevertheless be eligible for a SEED grant to pursue an associate’s degree if the program in which the student is enrolled is part of a pathway to an associate’s degree established by Delaware Technical and Community College and the student successfully completes each step thereof. (b) Notwithstanding other provisions in this subchapter, for those individuals who have lived in foster care under the jurisdiction of the Department of Services for Children and Their Families at any point in time between the ages of 16 and 18, whether placed within Delaware or outside Delaware, the provisions of paragraphs (a)(4) and (a)(6) of this section, § 3406A(a)(1), and (c) of this title do not apply. Any individual qualifying under this subsection shall make steady academic progress toward an associate’s degree and shall not be eligible to receive grants if that individual takes longer than 5 years to attain an associate’s degree.

Del. Code tit. 14, § 3405A Grant awards/operations.

Each institution shall establish and implement its own procedures to award grants to eligible students subject to appropriations for such purpose, including, but not limited to, a procedure to determine priority among applicants in the event that the amount of grants requested by eligible applicants exceeds the appropriation, which may include consideration of financial need and academic achievement. Grants shall also be available for the Associates in Arts Program courses taught at Delaware Technical and Community College, and administered jointly with the University of Delaware. Grant awards shall not exceed the available appropriation for each fiscal year. Grant awards shall be disbursed as follows: Beginning with the 2006-2007 academic year, tuition assistance shall be provided to qualifying applicants in an amount equal to the following: (1) A grant recipient receiving no other financial assistance specifically designated for tuition and/or other regularly assessed fees with the exception of loans shall receive a grant equal to the full amount of tuition charged by the institution. (2) A grant recipient receiving other financial assistance specifically designated for tuition and other regularly assessed fees shall receive a grant equal to the difference between the amount of tuition charged by the institution and the amount of the other financial assistance. (3) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the recipient’s eligibility for grant assistance, and may withdraw a grant award. Any grant award made as the result of deliberate fraud may be recovered by the State through an action at law.

Del. Code tit. 14, § 3406A Maintaining eligibility.

(a) To maintain continued State payment of tuition once enrolled at Delaware Technical and Community College or the University of Delaware, Associate in Arts program, the student shall meet all of the following: (1) Make steady academic progress toward an associate degree or completion of a recognized academic credential. (2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year for students in an associate’s degree program, unless granted an exception for cause by the institution. Notwithstanding the foregoing, students who are enrolled in an associate’s degree program may take a leave of absence for 1 academic year without affecting their eligibility for continued funding. Students who take a leave of absence under this subsection will remain subject to the limitations set forth in subsection (c) of this section. (3) For students enrolled in an associate’s degree program, have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average. The institution may grant exceptions upon appeal. (4) The student shall certify that he or she has not been convicted of any violent felony. The parent or guardian of a student 17 years of age or under shall also certify that the student has not been convicted of any violent felony. (b) Grants made by the SEED program shall not be allowed for courses or other post-secondary units repeated or taken in excess of the requirements for completion of an associate degree or other recognized academic credential with the exception of those courses required by the institution for program admission and courses taken pursuant to the Associates in Arts program. (c) Students are eligible to participate in this program for a period not to exceed 10 continuous semesters, not including the summer semester. (d) Subject to the limitations set forth in subsection (c) of this section, a student who completes an associate degree pursuant to this section, maintains the applicable criteria set forth above, and thereafter pursues a bachelor’s degree at either the University of Delaware and/or Delaware Technical and Community College shall be eligible for SEED grant moneys toward their junior year and/or pursuing an equivalent number of credits equal to what is otherwise their junior year of higher education. (e) Subject to the limitations set forth in subsection (c) of this section, a student who successfully completes a credit or noncredit program leading to the award of a recognized academic credential at Delaware Technical and Community College, maintains the applicable criteria set forth above, and thereafter pursues additional recognized academic credentials and/or an associate’s degree at either the University of Delaware, Associate in Arts Program and/or Delaware Technical and Community College shall be eligible for SEED grant moneys toward the completion of their training or degree.

Del. Code tit. 14, § 3407A Disbursement.

(a) Funds awarded from this program shall be disbursed on a semester by semester basis upon receipt of enrollment verification. (b) No disbursement on behalf of an individual student, pursuant to this subchapter, who is enrolled in an associate’s degree seeking program shall be greater than the tuition charged by the institution. (c) No disbursement on behalf of an individual student, pursuant to this subchapter, who is enrolled in a credit or noncredit program leading to a recognized academic credential shall exceed the amount of full-time tuition charged by the institution during the corresponding academic year.

Del. Code tit. 14, § 3408A Additional responsibilities.

(a) Each institution shall develop, promote, and coordinate a public awareness program to inform students and parents of the SEED program. (b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 SEED program contact person, who shall be either a counselor or teacher, at each high school site in this State. The Department of Education shall also ensure that all printed or electronic communications relating to a school activity include information about the SEED Scholarship Program. Printed and electronic communications shall include, but is not limited to, middle school, high school, or district-wide school activity announcements found in or on printed programs, newsletters, e-newsletters, community newspapers, and websites. For school activities where general announcements are made by any school official, information relating to the SEED Scholarship Program shall also be included in those communications.

Del. Code tit. 14, § 3409A Purpose.

There is hereby created the Delaware State Inspire Scholarship Program. Under this subchapter, qualified, college-bound state resident students are relieved of a substantial part of the burden of paying undergraduate tuition at Delaware State University provided that these students meet the criteria set forth in this subchapter and are pursuing studies leading to a bachelor’s degree at Delaware State University. Students who qualify under this subchapter shall not have to repay the State because it is the intent and purpose of the General Assembly, through this subchapter, to help ensure that Delaware students stay in high school, excel academically, and have better access to higher education regardless of a family’s financial circumstances and therefore payments under this program shall be grants, not loans.

Del. Code tit. 14, § 3410A Definitions.

For purposes of this subchapter: (1) “Academic year” means the 2 consecutive academic semesters beginning with the fall semester. (2) a. “Family” for a dependent applicant means the applicant, the applicant’s parents or legal guardian, relative caregiver, and other children under the age of 21 of the applicant’s parents, legal guardian or relative caregiver. b. “Family” for an independent applicant means the applicant, an applicant’s spouse and any dependent children. (3) “Eligibility period” means the maximum length of time that a student is eligible for the Inspire Scholarship Program under § 3412A(b)(2) or § 3414A(c) of this title. (4) “Full-time” means a minimum of 24 credit hours in each academic year. (5) “Delaware State Inspire Scholarship Program,” “Inspire Scholarship Program” or “Inspire grant” means the tuition payments or grants under this subchapter. (6) “Institution” means Delaware State University. (7) “School activity” means an open house, school curriculum night, parent and teacher conference night, holiday program, or other school-related events conducted by a public middle school or high school where parents, community members, and students are encouraged to attend and participate.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3411A Administration.

(a) This subchapter shall be administered by the institution. (b) The institution shall adopt such rules and regulations as it deems necessary and proper to the administration of this subchapter. Such rules and regulations may include an appeals process to grant exceptions to the eligibility requirements set forth in § 3412A(a)(6) of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to military service, participation in a full-time volunteer service program, or a documented medical condition. Admission deferrals of up to 1 calendar year in duration may be offered to those students who defer admission due to military service, participation in a full-time volunteer service program, or a documented medical condition. Upon passage of 1 year, students may appeal for an admission deferral for 1 additional consecutive year for the reasons stated above. (c) The institution shall annually report to the General Assembly of the State the names of its students enrolled in the Inspire Scholarship Program and the total amount of expenditures made under this subchapter.

Del. Code tit. 14, § 3412A Eligibility.

(a) To be eligible to participate in the Inspire Scholarship program and to qualify for a grant towards tuition assistance by the State pursuant to this subchapter students shall meet all of the following: (1) A student who satisfies the state residency requirements set forth in the institution’s residency policy shall be eligible for such grant if that student is enrolled on a full-time, degree-seeking basis or is a student with a disability seeking a degree through the institution’s academic accommodation policy. (2) The student shall not have been convicted of any felony and the student’s parent, legal guardian, or relative caregiver shall certify such fact. (3) A student shall have applied for all appropriate forms of financial aid for which the student is eligible including, but not limited to, the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Commission, and financial aid programs administered by Delaware State University, and shall have accepted all such financial assistance offered or awarded to the student, except for loans. (4) A student shall have graduated from a Delaware public or nonpublic high school with a minimum cumulative average of either 80% or higher on a 100-point scale or a grade point average (G.P.A.) of 2.75 or higher on a 4.0 scale as indicated on the student’s official high school transcript. For purposes of this subchapter, a student who does not meet the qualifying criteria may request the institution recalculate the point percentage or G.P.A. based on the student’s official high school transcript and the following conversion table: G.P.A. Conversion Letter Grade Numerical Grade G.P.A. A 92-100 4.00 B 83-91 3.00 C 75-82 2.00 D 65-74 1.00 F < 65 0.00 For purposes of this conversion chart, the numerical value assigned to a letter grade shall be the lowest value in the numerical scale. (5) A student shall have satisfied admission standards as determined by Delaware State University. (6) A student shall be admitted and attend classes at the institution no later than the fall semester immediately after the student’s graduation from high school. (7) The institution shall create and implement its own equivalency standards for paragraphs (a)(4) and (6) of this section in establishing eligibility of Delaware home schooled students for grants under the Inspire Scholarship Program. (b) Notwithstanding other provisions in this subchapter, for those individuals who have lived in foster care under the jurisdiction of the Department of Services for Children and Their Families at any point in time between the ages of 16 and 18, whether placed within Delaware or outside Delaware, the provisions of paragraphs (a)(4) and (6) of this section, and § 3414A(a)(1) and (c) of this title do not apply. Any individual qualifying under this subsection shall make steady academic progress toward a bachelor’s degree and shall not be eligible to receive grants if: (1) The individual does not begin his or her higher education before age 25; or (2) The individual takes longer than 6 years to attain a bachelor’s degree.

Del. Code tit. 14, § 3413 Scholarships [Transferred].

Transferred to § 3411 of this title by 83 Del. Laws, c. 413, § 1, effective July 1, 2022.

Del. Code tit. 14, § 3413A Grant awards/operations.

The institution shall establish and implement its own procedures to award grants to eligible students subject to appropriations for such purpose, including, but not limited to, a procedure to determine priority among applicants in the event that the amount of grants requested by eligible applicants exceeds the appropriation, which may include consideration of financial need and academic achievement. Grant awards shall not exceed the available appropriation for each fiscal year. Grant awards shall be disbursed as follows: Beginning with the 2021-2022 academic year, tuition assistance shall be provided to qualifying applicants in an amount equal to the following: (1) A recipient shall receive a grant for tuition assistance that shall be equal to full in-state tuition at the institution. (2) Inspire grants are renewable, provided that the recipient meets eligibility requirements in § 3414A of this title.. (3) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the recipient’s eligibility for grant assistance, and may withdraw a grant award. Any grant award made as the result of deliberate fraud may be recovered by the State through an action at law.

Del. Code tit. 14, § 3414A Maintaining eligibility.

(a) To maintain continued state payment of tuition once enrolled at the institution shall meet all of the following: (1) Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic year. (2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution. (3) Have a cumulative grade point average of at least 2.75 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average. The institution may grant exceptions upon appeal. (4) The student and family shall certify that the student has not been convicted of any felony. (5) Complete 10 hours of community service, as defined by the institution, per semester. (b) Grants made by the Inspire Scholarship Program shall not be allowed for courses or other post-secondary units repeated or taken in excess of the requirements for completion of an bachelor’s degree with the exception of those courses required by the institution for program admission. (c) Students are eligible to participate in this program for a period not to exceed 8 continuous semesters, not including the summer semester.

Del. Code tit. 14, § 3415A Disbursement.

(a) Funds awarded from this program shall be disbursed on a semester by semester basis upon receipt of enrollment verification. (b) No disbursement on behalf of an individual student, pursuant to this subchapter, shall be greater than the tuition charged by the institution.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3416A Additional responsibilities.

(a) The institution shall develop, promote, and coordinate a public awareness program to inform students and parents of the Inspire Scholarship Program. (b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 Inspire Scholarship Program contact person, who shall be either a counselor or teacher, at each high school site in this State. The Department of Education shall also ensure that all printed or electronic communications relating to a school activity include information about the Inspire Scholarship Program. Printed and electronic communications shall include, but is not limited to, middle school, high school, or district-wide school activity announcements found in or on printed programs, newsletters, e-newsletters, community newspapers, and websites. For school activities where general announcements are made by any school official, information relating to the Inspire Scholarship Program shall also be included in those communications.

Del. Code tit. 14, § 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.]

Del. Code tit. 14, § 3417A Grant balance.

(a) (1) A student who completes a bachelor’s degree before the end of the applicable eligibility period has a remaining Inspire grant balance. (2) The remaining Inspire grant balance equals the amount of the Inspire grant for each semester of the student’s eligibility period after the student receives their bachelor’s degree. (b) A student may use the remaining Inspire grant balance to pay tuition for graduate degree program tuition at Delaware State University. (c) A student is eligible for the Inspire Scholarship Program under subsection (b) this section for 10 years after completing a bachelor’s degree if the student meets all of the requirements under § 3412A and § 3414A of this title, except as follows: (1) The student does not need to be enrolled on a full-time basis. (2) The student does not need to maintain continuous enrollment.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3421A Purpose.

Under this subchapter, qualified, state-resident students with intellectual disabilities are eligible for grants to pay tuition at institutions of higher education in this State to pursue studies leading to a recognized credential. It is the intent and purpose of the General Assembly, through this subchapter, to help ensure that students with intellectual disabilities in this State have the same opportunities as their peers without disabilities to excel academically and pursue higher education regardless of financial circumstances. Therefore, payments under this program are grants, not loans.

Del. Code tit. 14, § 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.]

Del. Code tit. 14, § 3422A Definitions.

As used in this subchapter: (1) “Academic year” means the 3 consecutive academic semesters beginning with the fall semester. (2) “CTP Program” means a federally-approved comprehensive transition and postsecondary program, under 34 C.F.R. § 668.232, for students with intellectual disabilities that leads to a degree, certificate, nondegree, or noncertificate credential that, in accordance with 34 C.F.R § 668.231, meets all of the following: a. Is offered by a participating institution. b. Is delivered to students physically attending the institution. c. Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment. d. Includes an advising and curriculum structure. e. Requires students with intellectual disabilities to have at least ½ of their participation in the program, as determined by the institution, focus on academic components through 1 or more of the following activities: 1. Taking credit-bearing courses with students without disabilities. 2. Auditing or otherwise participating in courses with students without disabilities for which the student does not receive regular academic credit. 3. Taking noncredit-bearing, nondegree courses with students without disabilities. 4. Participating in internships or work-based training in settings with individuals without disabilities. f. Provides students with intellectual disabilities opportunities to participate in coursework and other activities with students without disabilities. (3) “Full-time” means a minimum of 24 credit hours or 300 clock hours in each academic year. (4) “Institution” means a state-funded institution of higher education in this State that offers a CTP Program. (5) “Student with an intellectual disability” means a student with a cognitive impairment characterized by significant limitations in cognitive functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills who meets 1 or both of the following: a. Is currently, or was formerly, eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1400 et seq.], including a student who was determined eligible for special education or related services under the IDEA but was home-schooled or attended private school. b. Is eligible for services from the Division of Developmental Disabilities Services. (6) “Tuition” means costs associated with coursework and CTP Program-related fees.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3423A Delaware Advance Scholarship Program; establishment; administration; report.

(a) This subchapter establishes the Delaware Advance Scholarship Program. (b) An institution at which a student is enrolled or has sought admission shall administer this subchapter for the institution. (c) An institution under subsection (b) of this section shall adopt rules and regulations as it deems necessary and proper for the administration of this subchapter. (1) The institution may include in its rules and regulations an appeals process to grant exceptions to the eligibility requirements set forth in § 3424A of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to a documented medical or mental condition. (2) a. If an institution adopts an appeals process under paragraph (c)(1) of this section, the institution may offer an admission deferral of up to 1 calendar year in duration to a student who seeks to defers admission due to a documented medical or mental condition. b. An institution may grant a student who was offered an admission deferral under paragraph (c)(2)a. of this section an additional admission deferral of up to 1 calendar year in duration if the student seeks the additional deferral due to a documented medical or mental condition. (d) An institution shall annually report to the Controller General the number of students enrolled in the Delaware Advance Scholarship Program and the total amount of expenditures made under this subchapter.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3424A Initial eligibility.

(a) A student must meet all of the following to be eligible to participate in the Delaware Advance Scholarship Program and to qualify for a grant to pay tuition by the State under this subchapter for the first semester or other academic unit of postsecondary enrollment at an institution: (1) Be under 25 years of age. (2) Be a student with an intellectual disability. (3) Meet the state residency requirements in the institution’s residency policy. (4) Be enrolled at the institution on a full-time, credential-seeking basis or be seeking a credential through the institution’s academic accommodation policy. (5) Not have a felony conviction. The student must certify this fact. If the student is unable to so certify, whether due to minority or disability, the student’s parent, legal guardian, or relative caregiver shall make this certification on the student’s behalf. (6) Have applied 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, and have accepted all such financial assistance offered or awarded to the student, except for loans. (7) Have graduated from a public or nonpublic high school in this State with a certificate of completion or diploma as indicated on the student’s official high school transcript. (8) Meet the institution’s admission standards. (9) Be admitted and attend classes at the institution no later than 2 years after the student’s completion of high school. (b) An institution shall create and implement its own equivalency standards for paragraphs (a)(7) and (a)(9) of this section in establishing eligibility of home-schooled students of this State for grants under this subchapter. (c) Notwithstanding other provisions of this subchapter, the provisions of paragraphs (a)(7) and (a)(9) of this section do not apply to any of the following: (1) A student who is a resident of this State and who acquired an intellectual disability within the developmental period between the ages of 18 and 21. (2) A student who has lived in foster care under the jurisdiction of the Department of Services for Children, Youth, and Their Families at any point between the ages of 16 and 18, whether placed within this State or outside the State.

Del. Code tit. 14, § 3425A Grant awards.

(a) An institution shall establish and implement its own procedures to award grants to students who meet the eligibility requirements of this subchapter, subject to appropriations for such purpose. (b) (1) An institution’s procedures under subsection (a) of this section must include a procedure to determine priority among students if the amount of grants requested by students who meet the eligibility requirements of this subchapter exceeds the appropriation. (2) An institution’s procedure under paragraph (b)(1) of this section may include consideration of financial need and academic achievement. (c) An institution’s grant awards may not exceed the available appropriation for each fiscal year. (d) Beginning with the 2018 through 2019 academic year, an institution shall disburse its grant awards as follows: (1) A student who meets the eligibility requirements of this subchapter and who is not receiving any other financial assistance specifically designated for tuition and other regularly assessed fees, not including loans, may receive a grant equal to the full amount of tuition charged by the institution. (2) A student who meets the eligibility requirements of this subchapter and who is receiving other financial assistance specifically designated for tuition and other regularly assessed fees may receive a grant in the amount of the difference between the amount of tuition charged by the institution and the amount of the other financial assistance available to the student. (3) a. If a student meets the eligibility requirements of this subchapter, an institution may renew a grant made under this subchapter. b. Notwithstanding paragraph (d)(3)a. of this section, the total amount of grants awarded under this subchapter to a student over the course of a student’s education may not exceed the total amount of grants awarded to a student under subchapter XIV of this chapter over the course of that student’s education. (e) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the student’s eligibility for grant assistance, and may withdraw a grant award. The State may recover a grant award made as the result of deliberate fraud through an action at law. (f) A student may not use grants awarded under this subchapter for courses or other postsecondary units repeated or taken in excess of the requirements for completion of the program credential.

Del. Code tit. 14, § 3426A Maintaining eligibility.

(a) A student must meet all of the following to maintain eligibility for grants under this subchapter once enrolled at an institution: (1) Make steady academic progress toward a credential, earning not less than the minimum number of clock or credit hours required for full-time standing in each academic year. (2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution. (3) Maintain satisfactory academic progress in accordance with the institution’s financial aid policy, unless granted an exception for cause by the institution. (4) Not have a felony conviction. The student must certify this fact. If the student is unable to so certify, whether due to minority or disability, the student’s parent, legal guardian, or relative caregiver shall make this certification on the student’s behalf. (b) (1) A student who meets the eligibility requirements of this subchapter may participate in the Delaware Advance Scholarship Program for a period not to exceed 6 continuous semesters, not including any summer semester. (2) Notwithstanding paragraph (b)(1) of this section, a student may not take more than 5 years to attain a credential. (c) Notwithstanding other provisions of this subchapter, subsection (b) of this section does not apply to any of the following: (1) A student who is a resident of this State and who acquired an intellectual disability within the developmental period between the ages of 18 and 21. (2) A student who has lived in foster care under the jurisdiction of the Department of Services for Children, Youth, and Their Families at any point between the ages of 16 and 18, whether placed within this State or outside the State.

Del. Code tit. 14, § 3427A Disbursement.

(a) Funds awarded under this subchapter are to be disbursed on a semester by semester basis upon receipt of enrollment verification. (b) A disbursement of funds on behalf of a student under this subchapter may not exceed the tuition charged by the institution at which the student is enrolled.

Del. Code tit. 14, § 3428A Additional responsibilities.

(a) An institution participating in the Delaware Advance Scholarship Program shall develop, promote, and coordinate a public awareness program to inform students and parents of the Delaware Advance Scholarship Program. (b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 Delaware Advance Scholarship Program contact person, who must be a counselor, teacher, or transition coordinator at each high school in this State.

Del. Code tit. 14, § 3431A Purpose.

Under this subchapter, qualified students who spent part of their childhood in foster care will receive a tuition waiver to attend state institutions of higher education. It is the intent and purpose of the General Assembly, through this subchapter, to help ensure that young adults who experienced instability in their childhood and were in the State’s foster care system are provided the opportunity to improve their lives and pursue higher education regardless of financial circumstances.

Del. Code tit. 14, § 3432A Definitions.

As used in this subchapter: (1) “Department” means the Department of Services for Children, Youth & Their Families. (2) “Eligible costs” means tuition and all mandatory fees relating to attendance at the institution. Where the institution offers room and board to its students, eligible costs include on-campus housing and a standard meal plan, which shall be made available to waiver recipients year-round, so long as the waiver recipient is registered for a sufficient number of credits in the spring and fall semesters to be eligible for on-campus housing. (3) “Fostering independence waiver” or “waiver” means a waiver of tuition under the Program. (4) “Institution of higher education” or “institution” means University of Delaware, Delaware State University, and Delaware Technical and Community College. (5) “Office” means the Office of the Child Advocate. (6) “Program” means the Delaware Fostering Independence Through Education Tuition Waiver Program established by this subchapter.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 3433A Delaware Fostering Independence Through Education Tuition Waiver Program.

(a) This subchapter establishes the Delaware Fostering Independence Through Education Tuition Waiver Program. (b) An institution of higher education shall award a fostering independence waiver for undergraduate courses at the institution for each student who is eligible under this section. (c) To receive a fostering independence waiver under this section, a student must be a current resident of this State, under the age of 26, and meet 1 of the following: (1) Be eligible for the Delaware Chafee Education and Training Voucher program. (2) Have 12 or more months in the custody of the Department when the student was between the ages of 14 and 18. (d) The amount of the waiver is for total eligible costs of attending the institution, less any grants or scholarships the student receives. (1) The institution of higher education may not apply any loans toward the eligible costs of attendance. Loans may only be applied to costs that exceed the eligible costs of attendance. (2) Ivyane Davis Scholarships and Chafee Education and Training Vouchers administered by the Office may not be included as grants or scholarships, and must instead be applied to any direct or indirect costs in excess of the waiver. (e) The waiver covers eligible costs for winter and summer courses if offered by the institution. This includes Delaware State University’s Summer Academy regardless of a student’s admission status. (f) The waiver covers eligible costs for students whether enrolled full time or part time. (1) If continuously enrolled full time, the student is eligible for the waiver for up to 5 years, until the student earns a bachelor’s degree, or until the student reaches the age of 26, whichever occurs first. (2) If at any time the student is enrolled part time, the student is eligible for the waiver until the student reaches the age of 26 or the student earns a bachelor’s degree, whichever occurs first.

Del. Code tit. 14, § 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.]

Del. Code tit. 14, § 3434A Administration of the Program.

(a) The Office shall administer the Program. The Office shall coordinate with the Department and each institution of higher education to provide resources and assistance to eligible students and to achieve the purposes of the Program. (b) In implementing the Office’s role in administering the Program, the Office shall do all of the following: (1) Serve as the primary contact for students participating in the Program. (2) Coordinate eligibility verification for the Program. (3) Assist eligible students with identifying additional direct and indirect costs of higher education to determine whether any additional sources of funding are required. (4) Coordinate with the Department and each institution of higher education to ensure the institution has policies and procedures in place for application of the waiver, scholarships and grants, and any additional costs and fees, as well as housing and food access during school breaks for students eligible for on-campus housing. (5) Coordinate with the Department and the Department’s contracted independent living providers to assist students in addressing issues related to participation in the Program. (6) Maintain a record of students participating in the Program and coordinate with each institution of higher education to report by April 1 of each year to the Controller General and the Office of Management and Budget the number of students who are receiving a waiver under this subchapter. (7) Include in the Office’s annual summary to the Governor and the General Assembly, as required by § 9005A(11) of Title 29, the number of recipients of the tuition waiver, the institutions attended by the recipients, and such other information as the Office deems useful. The summary may not include identifying or confidential information on recipients. (8) Adopt rules and regulations as the Office deems necessary and proper to administer the Program. (c) In implementing the role of the institutions of higher education in administering the Program, each institution of higher education shall designate an appropriate staff person to serve as the point of contact for the Office and for students participating in the Program who are attending the institution. The point of contact, and staff designated to assist the point of contact, shall do all of the following: (1) Ensure contact information for the point of contact is posted on the publicly accessible internet website of the institution of higher education. (2) Assist students with obtaining verification of eligibility for the Program from the Office. (3) Assist eligible students to access available federal and state financial aid resources and identify further scholarship and grant opportunities. Notwithstanding this paragraph (c)(3), the institution of higher education shall coordinate with the Office before any eligible student applies for or receives loans. (4) Provide students participating in the Program with information and referrals for on-campus and off-campus support services and resources. (5) Maintain a record of students participating in the Program and provide those records to the Office so the Office may comply with paragraph (b)(6) of this section.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.]

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.]

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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.

Del. Code tit. 14, § 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 establishing priorities for the award of available scholarships. (6) Scholarships awarded under this section may not be used to reduce the amount of any waiver provided under subchapter XVII of Chapter 34 of this title, Fostering Independence Through Education Tuition Waiver. (e) Creation of Ivyane D.F. Davis Memorial Scholarship Fund. — (1) The Ivyane D.F. Davis Memorial Scholarship Fund ( “Fund” ) is hereby created. (2) Funding shall be appropriated by the General Assembly as a separate programmatic line to be expended in accordance with the needs of the recipients. (3) The Commission may accept donations from private individuals and organizations for deposit in the Fund. (4) The Fund may be used as the state-required match for federal Chafee Educational and Training Vouchers; provided, that the Commission or the Office of the Child Advocate is authorized, by regulation, contract, or memorandum of understanding with the Department of Services for Children, Youth and Their Families, to administer the funding obtained; and further provided, that the portion of the Fund used to obtain the funding is utilized in accordance with the purpose and intent of this section. (5) Except as provided in paragraph (e)(4) of this section, all appropriations from the General Assembly to the Fund shall be used solely for the award of scholarships as provided under this section. Scholarships are provided for the purpose of meeting direct and indirect educational expenses.

Del. Code tit. 14, § 3466 Tuition and fees for spouses and children of active duty military.

Notwithstanding any other provision of this code, the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, is deemed to be an in-state resident for the purposes of determining tuition, fees, and other charges at Delaware public universities, colleges, or community colleges, and is entitled to pay the tuition, fees and other charges imposed upon Delaware residents as long as the spouse or child remains enrolled at such institution.

Del. Code tit. 14, § 3467 Volunteer firefighter educational benefits [Effective until Mar. 2, 2027].

(a) For purposes of this section, “member” means as defined in § 6646 of Title 16. (b) An active member is eligible for postsecondary education tuition reimbursement pursuant to this section under the following conditions: (1) The member must apply for tuition reimbursement in accordance with rules and regulations promulgated by the State Fire Prevention Commission. (2) Education benefits authorized by this section may be used only at a college or university within the State. (3) A member may be reimbursed under this program for only 2 classes or courses of instruction for undergraduate study or 1 class or course for graduate study each grading period. The classes will be reimbursed at 100% of the tuition paid following the completion of the course with a grade of “C” or better. (4) A member must first apply for and utilize all other reasonably available tuition assistance programs, including scholarships, grants and civilian employer education benefit programs. (c) This tuition reimbursement program is subject to the limits of the total funding appropriated by the General Assembly for this purpose. (d) To receive tuition reimbursement for a postsecondary class or course of instruction authorized by this section, a member must do both of the following: (1) Earn a grade no lower than a 2.0 on a 4.0 scale, or its equivalent, for each class or course of instruction for which the tuition reimbursement is granted. In any class or course of instruction for which a specific grade is not issued, the member must show documentation to verify satisfactory completion. (2) Submit to the State Fire Prevention Commission within 30 days after completing a class or course of instruction proof of all of the following: a. Course title and grade received. b. Amount of tuition paid for the course. c. Name of the postsecondary institution where the course was taken. d. A letter from the chief of the member’s volunteer fire department certifying the member is on active status. (e) A member who ceases to be active or leaves membership will no longer be eligible for tuition reimbursement, but will not be required to repay any tuition reimbursement for any course completed in compliance with this section. (f) The State Fire Prevention Commission shall include in the Commission’s annual report all of the following: (1) The number of members who participated at each postsecondary educational institution during the year. (2) The total amount of tuition expenditures made pursuant to this section during the year. (g) The State Fire Prevention Commission shall adopt rules and regulations necessary and proper for the efficient administration of this section. The rules and regulations must contain appeal procedures.

Del. Code tit. 14, § 3478 Fees.

The Boards of Trustees of the University of Delaware, Delaware State University, and Delaware Technical and Community College are hereby authorized and directed to establish, by not later than the fall quarter of 1986, a program whereby citizens of this State who are 60 years of age or older, and who are formal degree candidates, may attend classes for credit or audit without payment of application, course registration or other related fees. Persons enrolled in such program shall be required to pay the cost of all books, supplies, laboratory fees and shop fees.

Del. Code tit. 14, § 3479 Limitations.

The privilege authorized by this subchapter may be granted only on a space available basis if such classes are not filled as of the close of registration. The institutions listed in this subchapter may limit or deny the privilege for courses which are in programs for which a selective admissions criteria has been established.

Del. Code tit. 14, § 3480 Education benefits [For application of this section, see 85 Del. Laws, c. 103, § 2].

(a) Any active member of a federally recognized unit of the Delaware National Guard (“member”) who meets the requirements for satisfactory membership, as defined by the Adjutant General of the Delaware National Guard, is eligible for financial assistance from the Delaware National Guard for certain postsecondary education tuition and fees under the following conditions: (1) The member must first apply for and utilize all other reasonably available tuition assistance programs, including scholarships, grants, and civilian employer education benefit programs. (2) The member must apply to the Adjutant General for education benefits provided under this section before starting a class or course of instruction, according to a schedule announced by the Adjutant General. (3) Education benefits authorized by this section may be used only for attendance at a postsecondary institution either financially supported by this State or, if private, located in this State. Subject to any tuition assistance a member receives after applying under paragraph (a)(1) of this section, education benefits authorized by this section are as follows: a. If a member chooses to attend a state-supported postsecondary institution, the total amount of tuition and fees must be paid up to the in-state resident rate. A state-supported postsecondary institution shall charge a member the in-state rate for tuition and fees and shall treat the member as an in-state applicant or student regardless of the member’s state of residence. b. If a member chooses to attend a Delaware private postsecondary institution, the amount of tuition and fees paid must be equal to the average tuition and fees of the state-supported postsecondary institutions that offer the class or course of instruction, based on the in-state resident rate. (4) Each class or course of instruction taken by a member must be one that is required by the postsecondary institution for the award of a specific certificate or of a specific associate degree, bachelor’s degree, or master’s degree. (5) The per-member education benefits granted under this section are limited to only 1 certificate or degree program at each level of study, namely, a certificate program, an associate degree, bachelor’s degree, or master’s degree. (6) A member may be enrolled in a certificate or degree program full-time or part-time. (7) A member may not receive education benefits under this section more than 15 years after the date on which the member begins the first course for which education benefits are granted. But if a member is called to active duty or to an activation that requires the member to discontinue that member’s education benefits, the 15-year limit may be extended by the amount of time the member serves on that active duty or activation. (8) The education benefits program established by this section is subject to the limits of the total funding appropriated by the General Assembly and approved by the Governor for the program. (b) To receive education benefits authorized by this section, a member must do all of the following: (1) Agree to serve in a satisfactory manner for a period of not less than 6 years in the Delaware National Guard. The 6-year requirement may include service time before, during, and after the member receives education benefits under this section. (2) Maintain a cumulative grade point average of 2.0 or higher on a 4.0 scale, or its equivalent. If a member fails to maintain a cumulative grade point average of 2.0 or higher, the member may not receive further education benefits under this section until the member raises the member’s cumulative grade point average to meet the minimum required under this paragraph (b)(2). (3) Before the start date of a class or a course of instruction, the member shall give to the Adjutant General, or the Adjutant General’s designee, all of the following: a. A completed application for the education benefits provided under this section. b. If applicable, the member’s most recent transcript from a postsecondary institution. c., d. [Repealed.] (c) The Adjutant General shall appoint a board to adopt rules and regulations and to provide forms as is necessary and proper for the efficient administration of this section. (d) (1) Upon approval by the Adjutant General, and subject to the availability of appropriated funds, the Delaware National Guard shall provide education benefits authorized by this section from funds appropriated to the Delaware National Guard in the annual Budget Appropriations Act, or in amendments to the annual Budget Appropriations Act, for that purpose. If the total education benefits applied for under this section exceed the appropriated funds, education benefits for master’s degree must be reduced prior to any reductions to members applying for education benefits to obtain a certificate, an associate degree, or a bachelor’s degree. (2) Within 60 days after receiving a member’s bill for tuition and fees, the Delaware National Guard shall disburse the financial assistance authorized by this section directly to a postsecondary institution on behalf of the member. (e) A member who receives education benefits under this section but who does not fulfill the service commitment required by paragraph (b)(1) of this section, who is terminated from the Delaware National Guard for cause, or who otherwise fails to comply with any requirement of this section is immediately ineligible to receive education benefits under this section and shall repay the Delaware National Guard for all education benefits the member previously received, including interest, on a pro rata basis from the time of termination or noncompliance. The Adjutant General shall determine the amount the member must repay under this subsection. (f) If a member is terminated from the Delaware National Guard other than for cause, the member is not required to repay education benefits the member received under this section. (g) A member may not receive education benefits not disbursed under paragraph (d)(2) of this section prior to termination, for any reason, of membership in the Delaware National Guard. (h) The Adjutant General shall report annually to the General Assembly all of the following: (1) The number of members who participated at each Delaware postsecondary institution during the fiscal year. (2) The total amount of tuition and fees paid under this section during the fiscal year. (3) The total amount required to be repaid to the Delaware National Guard by defaulting members during the fiscal year. (4) The total amount of moneys actually repaid by defaulting members during the fiscal year.

Del. Code tit. 14, § 3483 Purpose.

It is the intent and purpose of the General Assembly through this subchapter to establish the DE529 Education Savings Plan pursuant to 26 U.S.C. § 529 or successor section and to charge the Plans Management Board to implement and maintain the Plan through the adoption of rules and regulations for the administration of the Plan.

Del. Code tit. 14, § 3484 Administration; authority.

This subchapter shall be administered by the Plans Management Board pursuant to § 2722 of Title 29.

Del. Code tit. 14, § 3485 Definitions.

As used in this subchapter: (1) “Account” means an individual account, a trust account or a savings account established in accordance with this subchapter. (2) “Account owner” means the individual, individuals, or the trustee of a trust identified at the time the account is opened as having the right to withdraw funds from the account. (3) “Board” means the Plans Management Board pursuant to § 2722 of Title 29. (4) “Designated beneficiary” means, except as provided in § 3490 of this title, the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified education expenses or, if such designated beneficiary is replaced in accordance with § 3490 of this title, such replacement. (5) “Financial institution” means a bank, a commercial bank, a national bank, a savings bank, a savings and loan, a thrift institution, a credit union, an insurance company, a trust company, a mutual fund, an investment firm or other similar entity authorized to do business in this State. (6) “Higher education institution” means an eligible education institution as defined in 26 U.S.C. § 135(c)(3). (7) “Member of the family” shall have the same meaning as contained in 26 U.S.C. § 529(e) or successor section. (8) “Nonqualified withdrawal” means a withdrawal from an account that is not: a. A qualified withdrawal; b. A withdrawal made as the result of the death or disability of the designated beneficiary; c. A withdrawal made as the result of a scholarship (or allowance or payment described in 26 U.S.C. § 135(d)(1)(B) or (C)) received by the designated beneficiary, but only to the extent of the amount of such scholarship, allowance or payment; or d. A rollover or change in the designated beneficiary described in § 3490 of this title. (9) “Plan” means the DE529 Education Savings Plan established by this subchapter. (10) “Qualified education expenses” means tuition and other permitted expenses as set forth in 26 U.S.C. § 529(e) or as hereafter permitted by such successor or amended section for the enrollment or attendance of a designated beneficiary at a education institution. (11) “Qualified withdrawal” means a withdrawal from an account to pay the qualified education expenses of the designated beneficiary, but only if the withdrawal is made in accordance with the requirements of the Plan. (12) “Trust” means a trust which is revocable or irrevocable and which has at least 1 individual as its current beneficiary.

Del. Code tit. 14, § 3487 The Program.

(a) An account owner may establish an account by making an initial contribution to the Plan in the name of the designated beneficiary. Once a contribution is made it becomes part of the Plan and subject to this subchapter. (b) Any person may make a contribution to an account once an account is opened. If the account owner is a trust, the trustee must consent to the contribution. (c) Contributions to an account shall be made only in cash. (d) Total contributions to all accounts shall not exceed those reasonably necessary, considering the return on contributions and the age and circumstances of the designated beneficiary, to provide for the qualified education expenses of the beneficiary. The Board shall establish maximum contribution limits applicable to Plan accounts and shall require such information from the account owner and the designated beneficiary to establish the limit as it relates to such account. (e) Separate records and accounting shall be required by the Plan for each account and reports shall be made no less frequently than annually to the account owner and the designated beneficiary. (f) In the case of an account owner which is a trust, the Board shall require such information from the account owner as is necessary to establish compliance with the Plan.

Del. Code tit. 14, § 3489 Prohibitions.

(a) No account nor any interest in an account may be assignable or pledged or otherwise used to secure or obtain a loan or other advancement. (b) No refund of a qualified educational expense payment may be paid by an education institution directly to the designated beneficiary or to the account owner. Any refund of qualified tuition expenses owed by an education institution on account of an overpayment of educational expenses must be refunded to the Plan for credit to the designated beneficiary’s account. (c) A qualified withdrawal that is used to pay for qualified education expenses must be paid jointly to the designated beneficiary and the education institution or directly to the education institution. A payment of qualified education expenses may not be made directly to the beneficiary. (d) Total contributions to all accounts established on behalf of a particular beneficiary in excess of those reasonably necessary to meet the designated beneficiary’s qualified education expenses are prohibited. (e) Except as permitted in 26 U.S.C. § 529 and regulations thereunder, no person shall have the right to direct the investment of any contributions to or earnings from the Plan.

Del. Code tit. 14, § 3490 Designated beneficiary.

(a) An account owner shall have the right at any time to change the designated beneficiary of an account to another individual who is a member of the family of the former designated beneficiary, and, in the case of an account owner which is a trust, to another person who is also a beneficiary of the trust. (b) An account owner shall have the right at any time to direct that all or a portion of an account be transferred to the account of another beneficiary if the designated beneficiaries are members of the same family, and, in the case of an account owner which is a trust, to the account of another beneficiary if the designated beneficiary is also a beneficiary of the trust. (c) The right to change the designated beneficiary or to transfer between accounts contained in subsections (a) and (b) of this section may be denied if, under regulations adopted by the Board, the exercise of the right would result in either excess contributions to an account or the exercise of impermissible investment direction by the account owner.

Del. Code tit. 14, § 3491 Account withdrawals; penalties.

(a) Withdrawal from an account may be made on 30 days’ written notice to the Board or on such shorter notice as the Board may by regulation provide. A withdrawal shall be designated as a qualified withdrawal or a nonqualified withdrawal and the application shall provide such information and be made on such forms as the Board shall find are necessary to enable the Board to determine the nature of the withdrawal. (b) An account withdrawal paid to or for the benefit of any person during any calendar year shall be reported to the person and the Internal Revenue Service. The report shall be made at the time and contain such information as required by law. (c) The Board shall establish a more than de minimis penalty, at the minimum amount necessary to satisfy the requirements of § 529 of Title 26 of the United States Code [26 U.S.C. § 529] or successor section for a nonqualified withdrawal on the portion of the withdrawal that constitutes income under § 529 of Title 26 of the United States Code [26 U.S.C. § 529] or successor section. (d) Penalties collected under this section may be used to defray the costs of the Plan.

Del. Code tit. 14, § 3495 Southern Regional Education Board.

The Governor is authorized to commit the State of Delaware to membership in the Southern Regional Education Board (SREB) and to execute the SREB compact, which the Delaware General Assembly hereby approves.

Del. Code tit. 14, § 3496-3498 §§ 3496-3498. Purpose; administration; Charles L. “Chuck” Hebner Memorial Scholarship.

Repealed by 73 Del. Laws, c. 188, § 4, effective July 17, 2001. For present law, see § 3444 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title14/c034/sc01/index.htmlFetched: 10/4/2026

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