Delaware requires school board members to physically reside in their districts 75% of the year and allows residents to sue to remove them

Original title: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.

Last action · June 30, 2025: Signed by GovernorSponsors: Madinah Wilson-Anton and 8 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Does

This law requires school board candidates and members to both claim legal residence and physically reside in the district they represent. If a member is not physically present in the district for more than 75% of any yearlong period, they lose their qualification, and local residents can petition the Superior Court to declare a vacancy.

Why it matters

Enforces a physical presence standard for local educational decision-makers, giving everyday residents direct legal standing in court to challenge a member's residency status.

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

School board members

Must maintain physical presence within their specific district for at least 75% of the year or risk losing their qualification to serve.

Directly affected

School district residents

Gain the legal standing to bring an action in Superior Court to declare a vacancy if a board member fails to meet residency rules.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What happens if a school board member is deployed for military service?

Absences required by military service are not counted as an absence when calculating the 75% physical presence requirement.

How can a resident enforce the residency requirement?

A resident of the school district can bring an action in Superior Court asking the court to declare a vacancy if they believe a member is no longer an .

What else do you want to know?

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Where This Stands

Current status: Signed into law.

Procedural history

12 actions

Jun 30, 2025Office of the GovernorEnrolled
Signed by Governor
Jun 30, 2025HouseFloor
Passed By House. Votes: 40 YES 1 VACANT
Jun 25, 2025SenateFloor
Passed By Senate. Votes: 20 YES 1 NO
Jun 25, 2025SenateCommittee
Amendment SA 1 to HB 82 - Passed By Senate. Votes: 21 YES
Jun 25, 2025Senate
Lifted From Table in Senate
Jun 24, 2025HouseCommittee
Amendment SA 1 to HB 82 - Introduced and Placed With Bill

Show 6 earlier actions

Jun 24, 2025Senate
Laid On Table in Senate
May 21, 2025SenateCommittee
Reported Out of Committee (Education) in Senate with 5 On Its Merits
May 6, 2025SenateIntroduced
Assigned to Education Committee in Senate
May 6, 2025HouseFloor
Passed By House. Votes: 33 YES 8 ABSENT
Mar 26, 2025HouseCommittee
Reported Out of Committee (Education) in House with 2 Favorable, 11 On Its Merits
Mar 18, 2025HouseIntroduced
Introduced and Assigned to Education Committee in House

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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