Blogs and Articles

Delaware’s Electric Energy Crisis

 By: Kenneth J. Reuter JR., Guest Contributor

Today, Delaware is in an electricity shortage. We consume one hundred times more electricity than we produce. It has not always been that way. Generation constraints are driven by political pressure to reduce greenhouse gas emissions through the elimination of fossil fuels. Concurrently, demand for electricity has never been as high as it is now and there are no signs of it slowing down. Massive amounts of data require a corresponding massive amount of electric energy to produce. We all want clean energy. But arriving at that destination requires a practical approach and pragmatic thinking which is lacking today. Delaware is second from the bottom out of 50 States in electricity production. We have seen coal plant closures in Sussex County and output reductions in highly efficient natural gas plants in New Castle County. It is time to build a practical, pragmatic, and sensible energy plan for Delaware. Our population is expanding. If we want to build a bright future where we attract industry that in turn produces non-government jobs, we have no alternative than to start planning now.

First, recognize the difference between Baseload and Intermittent Power Generation. Baseload generation operates 24/7 irrespective of weather.  Intermittent Generation does not and comes in two forms – Wind and Solar. Wind and Solar are intermittent sources of energy in that generation is not a steady 24/7 operation but dependent on the amount of wind and the sun.  Intermittent generation is not dispatchable energy.

Current generation shortages in Delaware demand immediate expansion of Baseload Generation. Three crucial steps must be taken to avoid extended outages.

1. Extend where practical all current forms of electric generation. Climate initiatives have taken priority over needed capacity and in some cases have been prematurely decided. Before we sanction the decommission of any power plant, we must first ensure that replacements are in the predicable future. To date, planning has been woefully inadequate.
2. Fast-track adding to existing natural gas plants and exploring adding new plants to the Natural Gas fleet. Concurrently, laser focus on Nuclear Generation, for that presents the best option to generate clean electric energy into the future. Technological improvements have advanced nuclear to near state-of-the-art generation.  Advancements such as factory produced SMRs (Small Modular Reactors), refinements in Fission and Spent Fuel Management, plus accelerated advancements in Fusion technology have given rise to very real solutions to produce clean, reliable and dependent electricity that can meet rising demand into the future.
3. Assemble a strong core of knowledgeable experts to accelerate the creation of logical, practical legislation to pave a new road to lead Delaware into the future. Steps have already been taken to do just that through the newly formed Nuclear Energy Feasibility Task Force or NEFTF. The time is now to accelerate and sharpen its focus and build a solid plan for Electric Generation into the future.

 Delaware is moving in the right direction now and sharpening its focus to not only meet current and future electricity demand, but to protect and expand potential new jobs that fuel our economy.  In our world today, abundant electricity is not a luxury.  It is crucial to our way of a healthy, safe and strong economic life.

Kenneth J. Reuter, Jr. has devoted 40 years to the electric energy industry, beginning with extensive technical training in the U.S. Navy and earning an executive MBA from Northeastern University and a BS from the University of Delaware. His career includes engineering roles at leading U.S. National Labs and leadership positions with top companies such as AMP Inc., Framatome Connectivity, Areva Transmission & Distribution, and Siemens Energy. Reuter’s expertise spans commercial engineering, business management, and executive leadership in energy generation, transmission, and distribution.

Empowering Delawareans Through Transparent, Patient-Driven Health Care Choices

By: Jane Brady, Chair, A Better Delaware 

A Better Delaware does not often comment on national issues, but in the case of health care, there is no more significant power that can impact Delaware citizens more than the federal government policies regarding the provision of, and billing for, health care services.

You may have followed the current debate about whether the federal government should continue to provide subsidies under the inaptly named Affordable Care Act (Obamacare). The system is becoming more unaffordable as time goes on, and the structural flaws that are contributing to that decline have not been addressed by Congress. Worse, they are not part of the current discussion. Much of the problem stems from direct payments to insurance companies, resulting in the patients being, generally, unaware of what the health care they receive actually costs.

There are a number of ideas about what might work.  Multiple experts have recommended a change to the structure that would put patients and insured in more control of what health care choices they make and how their health care dollars are spent.

One choice is to expand Health Savings Accounts (HSAs).  While there are some HSAs in the marketplace today, they have restrictions. The plans currently allow an individual to establish an account into which they can make deposits that can be withdrawn later, tax free, for certain medical expenses, such as deductibles or copayments.  It can follow you from job to job, but there are limits on the amount you may contribute each year, and you cannot continue to contribute from six months before you go on Medicare or retire.

Recently, Anthony LoSasso, a health economist, proposed a structured plan called a Health Freedom Account (HFA).  That plan would not so much address how much the government subsidies are, but how they are allowed to be used by the individual insured.  As LoSasso explains it, the government would provide a defined contribution for low-income individuals, the amount of which would be tied to the Consumer Price Index (CPI). This would eliminate the automatic increases currently in Obamacare and save money.  LoSasso proposes that if an insured selects a plan that costs less than the subsidy, the excess would be deposited into the HFA, which would then be available for other health care costs.

Everyone, whether they support Obamacare, Medicare and Medicaid as they are, or want to change the delivery of health care, believes that the cost of health care is too high.  A significant factor is the fact that, because of the direct billing to insurers, patients are unaware of the value of what they are receiving. They have little to no information about cost in advance of a medical procedure or visit and cannot make informed decisions in selecting a health care provider, for everything from regular checkups to elective surgery.  That has to change. If we are to reap the benefits of patient driven care, we must adopt a system in which the patient or insured makes the choices of what is in their health care plan, can choose those services they need, and avoid paying for those they do not.

Think about it. You don’t go into the store and buy something not knowing the price.  You don’t pick up a bag labeled “meat’ and take home whatever is in it.  You would not think of hiring a contractor to fix your front door without asking if the bill would be $50 or $500. Healthcare is the only service that is provided regularly, where you don’t know what the bill will be. And to be truthful, many of us don’t care because our exposure is limited to a $20 co-pay. Knowing what things cost directs our choices, and if the money to pay for a medical procedure was coming out of an account, the balance of which we were aware, we would make an effort to get the best value for that money.

We should have a law that requires patients to know what procedures cost at the different facilities, like an MRI or a knee replacement? Well, we have those laws on the books, both at the federal and state level, and they are not enforced. Compliance is poor, and accountability is almost non-existent.  We need to change that.

Moving to patient directed care will be challenging. The industries that benefit from the near dictatorial authority with regard to the cost of health care will not give up that power easily. But our citizens deserve the opportunity to know what the cost is for a procedure and where they can get the best value.  Their choices will not only save them money but save money for the taxpayers as well.

Jane Brady serves as Chair of A Better Delaware. She previously served as Attorney General of Delaware and as a Judge of the Delaware Superior Court.

Affordable Housing Challenges and Regulatory Impacts in Delaware

By: Jane Brady, Chair, A Better Delaware  

The Taxpayers Protection Alliance recently conducted a review of foreclosures on residential properties throughout the country. Delaware, sadly, has the fourth highest rate of those foreclosures.  The experts who made that review determined that “zoning laws and land-use regulations significantly contribute to rising home prices” and cited restrictions on density (such as single-family-only zoning), building heights, lot sizes, and land-use types as factors that serve to limit the supply of land available for development of single-family homes.

It is certainly true that regulations affect construction of housing in Delaware.  Recent events make that very clear. In 2009, the General Assembly passed a law requiring all new residential buildings to be zero net energy capable by the end of this year, 2025.  Zero net energy is reached when a building is constructed to produce as much renewable energy as it consumes over a year, often through intense insulation, energy systems such as heat pumps, air quality monitoring and on-site renewable energy generation, such as with solar panels.

To comply with the statute, the Delaware Department of Natural Resources and Environmental Control prepared regulations to implement the intent of the General Assembly.  They proposed one of the most aggressive energy codes in the country, which was set to take effect on December 31, 2025.

The Homebuilder Association and other advocacy organizations opposed the added requirements and unrealistic timeline. There is a housing affordability crisis in Delaware, and the new, expensive requirements are certain to affect both the business in construction and real estate sectors but also will add costs and time to the provision of housing to Delaware consumers, causing further harm.

Fortunately, this time, the concerns were heard and appreciated.  Last week, Gregory Patterson, Secretary of the Delaware Department of Natural Resources and Environmental Control announced he would decline approval of the Department’s own proposal on the energy code.  As he stated, “implementing ambitious new energy standards with mere weeks of lead time is not realistic.”  Further, he noted that there had not been adequate analysis of the proposed regulations or sufficient consideration of the significant increase in the costs of compliance with the regulations.

That is good news for anyone in Delaware hoping to buy a home. But, not only for those hoping to buy – those who rent face challenges as well, and the increased costs would have been passed on by the owners of the rental units to the tenants.

In an effort to address the shortage of affordable housing, the various state and local agencies which provide access to rental accommodations have joined together to create a statewide waiting list of people looking for housing. Remarkably, there are over 20,000 people on the list, according to Matthew Heckles, Director of the Delaware State Housing Authority.

The situation with the proposed regulatory mandates for housing construction highlights another aspect of Delaware government, the significance of which many are not aware. State agencies are regularly given the authority by the General Assembly to create regulations to implement the laws the legislature passes.  That includes the Department of Education, Natural Resources, and Labor, as well as the many other agencies in Delaware’s government.  There are rules that provide for public notice and publication, opportunity for public comment, sometimes for a public hearing as well before the regulation can be adopted. These regulations can have significant impact on consumers, businesses and families in our state.

There is a place where you can go to see what new regulations are proposed. Each month, on the first of the month, the Registrar of Regulations is published. It can be accessed at regulations.delaware.gov   In addition to the compilation of the proposed changes in regulations each month, that link will also take you to the Delaware Administrative Code, which reflects all the regulations currently in effect in Delaware. There is also a historical accounting course available from July 1997 available. This is where the EV Mandate first made its formal appearance.

Many people keep on top of what the General Assembly is doing. From January to June, our legislators meet, hold hearings and vote on bills.  But the real impact of that legislation may more acutely be felt in the regulations the agencies involved adopt to implement the law.  And the implementation of regulations occurs year-round, not just during the legislative session.  It is important that you are aware of the way regulations are proposed and adopted, as they affect your everyday life.

We appreciate Secretary Patterson’s insight into the potentially terrible and unintended consequences that immediate implementation of the proposed regulations on zero net energy construction would have had. We look forward to a commonsense plan that keeps regulatory compliance costs low enough that a home is within reach for all Delawareans.

Jane Brady serves as Chair of A Better Delaware. She previously served as Attorney General of Delaware and as a Judge of the Delaware Superior Court.

Delaware’s Urgent Need for Responsible Governance and Pro-Business Reform

By: Jane Brady, Chair, A Better Delaware  

The Delaware Economic and Financial Advisory Council (DEFAC) has reported that, in its estimation, the state will have less money next fiscal year – tens of millions less—than in this one.  DEFAC reports to the Governor and the Legislature, particularly those representatives who comprise the committees that monitor and determine appropriations. The response has been panicked.

One immediate result has been a short-sighted and overdone knee jerk response. In a special session on Thursday, November 13, 2025, the legislature passed HB 255, a bill that would “decouple” our tax structure from that of the federal government.  Previously, our tax code provisions regarding depreciation were identical to those of the federal tax code. This provided ease in calculating not only the total tax burden a company would face, but also the advisability of expanding a business or purchasing new equipment.  As Brian DiSabatino, Chairman of the Delaware Business Roundtable has stated, “Our long-standing rolling conformity to the federal tax code simplifies compliance and reinforces our hard-earned reputation for stability and predictability…. HB 255 would raise the cost of capital investment and innovation in Delaware. This happens precisely when we are intensely competing for high-value manufacturing and life sciences projects.”

And this is not the first, or only, imposition Delaware government has made on business that acts to discourage businesses from locating here or expanding. Our corporate tax rate is the highest in the nation, and our personal tax burdens are extremely costly. Income taxes, hidden taxes, excise fees and other transaction costs to our citizens ranks Delaware 7^th in the nation in the tax burden state government imposes on individuals.

Our regulatory burden on businesses is also extremely costly. Recent, additional building code requirements, alone, will add thousands of dollars to the cost of homes – right at a time when the Legislature and Governor are claiming a crisis and calling for an increase in affordable housing.

The Legislature created a committee of political appointees to review hospital budgets and make changes as the committee believes appropriate. Many wonder, “Who is next?” Anyone who does business with the state government is concerned – are contractors who build the roads or schools going to be asked to open their books and undergo scrutiny by people who have never run an air hammer or backhoe?

These decisions by our legislature have consequences for all of us. Wallet Hub, in a June 2025 report, ranked Delaware 43^rd in economic health among the 50 states.

There are solutions. One clear choice would be to do what each of us does when we see a shortfall coming – we plan ahead and cut back on luxuries, such as eating out, buying brand name items rather than store brand, and choosing hamburger rather than steak. That choice, while clear to all of us, has historically escaped legislative action. Rather, the decisions have been to increase taxes (some, promised to be temporary, are still around a dozen years and several budget surpluses later) or to add fees to transactions with the State, such as vehicle inspections.

We have repeatedly urged that Delaware eliminate the Gross Receipts Tax, an “invisible” sales tax (because you don’t see it itemized in the costs you pay) that burdens poorer consumers and small businesses particularly hard. This tax, that is required on every sale of goods or services an entrepreneur or business makes, hides behind the sign at the state line that says, “Tax Free Shopping.”  It infringes on the ability of businesses to expand and thrive. At a time when Delaware is seeking to bring precious manufacturing and medical research businesses to the state, we should be focused on what we can do to help businesses get a foothold and grow.

And Delaware’s economy still struggles to grow. While our Gross Domestic Product has improved since it was at 0%, it still lags, even when compared to our closest neighbors.  Our tax and regulatory policies do not encourage growth and business development. We are at risk of losing our standing as the “Incorporation Capital of the World,” because we continue to make the business environment challenging for any business seeking to locate here, grow or just succeed.

It is time that Delaware took a broad and careful review of where we are getting the funds to support Delaware government and how we are choosing to spend those funds.  A list of priorities should be established. Be honest with the citizens of our State as to the objectives our Legislature chooses to put first, second and so on. Let us vote for those whose priorities we share.

The Delaware Department of Revenue expects us to not only live on what we make, but also to pay what they impose on us in taxes each year. We should expect no less from our legislators.  We are expected to plan ahead, live within our budget, and we don’t get to choose if we get a raise, when and how much it will be.  Sound fiscal management is expected of us every day. We should expect no less of those we elect.

Jane Brady serves as Chair of A Better Delaware. She previously served as Attorney General of Delaware and as a Judge of the Delaware Superior Court.

Regulatory Reform and Strategic Innovation Are Essential for a Healthier Delaware

 By: Jane Brady, Chair, A Better Delaware  

Delaware stands at a pivotal level in its healthcare delivery. The challenges facing our state—from overburdened addiction treatment centers and long emergency room waits to persistent gaps in preventive care—demand urgent and comprehensive action. There is a critical need to rethink regulatory strategies and prioritize patient-centered solutions across the First State.

Delaware’s Certificate of Public Review (CPR) program, a regulatory hurdle that’s increasingly seen as an impediment to expanding care for those struggling with addiction. Local treatment centers are reportedly “always full,” raising the question—should the state build another facility, or should lawmakers break down barriers that restrict private providers from expanding?

Repealing the CPR program could enable private organizations to respond swiftly to rising needs, helping individuals experiencing addiction get timely access to life-saving treatment. The urgency of this reform is underscored by the mounting demand and the inability of current facilities to keep pace.

“This isn’t about micromanaging care. It’s about motivating better health,” said Brian DiSabatino, CEO of EDiS Company, Delaware’s health outcomes and healthy behaviors rank 18th worst in the nation—a sobering statistic that underscores the need for transformative thinking. DiSabatino’s viewpoint stresses the importance of a strategy that empowers residents to make healthy choices, reduces preventable illness, and treats mental health as essential, not secondary.

This shift requires more than incremental change. It calls for leadership willing to champion bold prescriptions for Delaware’s health crisis and invest in community-driven wellness programs, mental health integration, and preventive care initiatives.

While The Delaware Hospital Cost Review Board’s regulatory oversight is intended to ensure quality, excessive bureaucracy and red tape can stifle innovation and slow down the care patients need. Recent developments have seen the board halt meetings amid settlement talks, highlighting a potential shift in approach.

Reducing the review board’s authority could allow hospitals to serve patients more effectively and develop innovative solutions without unnecessary interference. Yet, several critical health benchmarks—including adult obesity, emergency department utilization, opioid-related overdose deaths, and cancer screenings—remain unmet, emphasizing the need for a more agile, outcome-driven system.

Delaware faces dangerously long emergency room wait times—the fourth longest in the nation, according to recent studies. These delays threaten patient safety and signal systemic issues in capacity and resource allocation. Expanding inpatient capacity is crucial, but current regulations, including the CPR program, restrict the development of new facilities and expansions.

Repealing these restrictive measures would help ease bottlenecks, ensuring that care is accessible when and where it’s needed most. As staffing pressures continue to mount, decisive action is needed to prevent further deterioration of emergency care.

The evidence is clear: regulatory reform, strategic innovation, and a renewed focus on both preventive and mental health care are essential to building a healthier future here in Delaware.

Lawmakers, healthcare leaders, and the community must come together to dismantle barriers, embrace bold strategies, and invest in solutions that truly put patients first. Delaware’s health crisis demands nothing less than transformative change, and the time to act is now.

Jane Brady serves as Chair of A Better Delaware. She previously served as Attorney General of Delaware and as a Judge of the Delaware Superior Court.

Delaware’s Tax and Economic Policy: Why Transparency and Reform Matter

 By: Jane Brady, Chair, A Better Delaware  

Delaware’s fiscal landscape is rapidly changing, and recent headlines highlight why transparency, reform, and meaningful policy solutions are more important than ever. From property tax reassessments to new consumer fees and economic outlook warnings, the need for open government and innovative approaches is clear.

The requirement to conduct the recent property tax assessment did not, or at least should not, have come as a surprise. There had been many discussions over many years about the delay in conducting an assessment, and the unfairness and inequities many claimed resulted from that delay. Yet, it seems that, from selection of an assessor to reporting the results, our government failed us.

This is particularly true in New Castle County. While tax bills are usually due on September 30, 2025, they have yet to be mailed in New Castle County. There is a lawsuit pending that challenges the methodology used and property classifications. That lawsuit will delay the determination of proper tax due. Recently, in that litigation, the County admitted there have been thousands of properties that are not correctly designated commercial or residential. How a property is classified makes a huge difference in the amount a taxpayer will owe. And, of course, there are multitudes of citizens who are outraged at the increase they are facing.  In fact, there are allegations that the former County Executive, Matt Meyer, who is our current Governor, delayed sending taxpayers notice of the change in their assessed values last November to avoid that outrage when asking for their vote.  The uncertainty continues as it appears the objective of getting tax bills to the taxpayers by November is unlikely.

Tax burdens are an important component of a state’s ability to be competitive – for jobs and business as well as the quality of life – health care, education and recreation. Delaware is ranked 38^th overall among the states for economic outlook – where we are headed. One of the most significant reasons for the grim prediction? “ “personal and business income tax rates [are] some of the highest … in the country,” according to American Legislative Exchange Council President and Chief Economist Jonathan Williams. And, we are rated 48^th among states for our state tax burden by Freedom in the States, which calculates tax revenues as a percentage of adjusted personal income.

Equally important is how our government chooses to spend our tax dollars. You have read in our missives previously about the way government prompts behavior with incentives – such as the subsidies for purchasers of EVs.  Now, the government has determined that those “darling” cars aren’t using gas, a fact they could have anticipated, and so the tax revenues from the sale of gasoline is down. The solution? All EV and hybrid car owners must pay a fee for the use of the roads to make up for the tax they are not paying because they are not buying gas. EV owners will pay double what hybrid owners pay. If you are thinking, “I thought they wanted me to get an EV”, you are not alone.

Delaware is at a crossroads. The choices made today regarding property taxes, economic policy, and consumer fees will shape our state for years to come. It’s time for informed public debate, bold reforms, and a commitment to transparency—so every Delawarean can enjoy a prosperous tomorrow.

Jane Brady serves as Chair of A Better Delaware. She previously served as Attorney General of Delaware and as a Judge of the Delaware Superior Court.

The Nuclear Energy Revolution*

By: David T. Stevenson, Guest Contributor

A quiet energy revolution is underway. Closed nuclear power plants are reopening, and new small modular reactors (SMRs)-using both traditional and advanced technologies-are under development, totaling more than three gigawatts of planned capacity. These plants are projected to begin generating electricity between 2027 and 2032, and national targets aim to triple nuclear capacity by 2050.

Delaware has joined this growing national movement by adopting a resolution to form a Nuclear Energy Task Force. According to the Nuclear Energy Institute, more than 200 nuclear-related bills have been introduced this year across roughly 40 states.

Site Momentum and Public Confidence

National enthusiasm has facilitated the early siting of SMRs-especially on federal land or at existing nuclear facilities. A U.S. Department of Energy (DOE) analysis identified about 394 candidate coal-plant sites (retired and operating) with existing grid interconnections.

SMRs are designed with robust safety features that, in some cases, allow smaller emergency planning zones; depending on the design and site. Many use closed-loop cooling systems that recirculate water, significantly reducing withdrawals; overall consumption varies by design. Public support is growing, though critics still raise concerns about long-term used fuel storage and radiation exposure standards.

As more sites advance, the practical question becomes how we manage the fuel cycle-especially the growing inventory of used fuel.

Turning Used Fuel into Opportunity

Here’s the overlooked opportunity:  the used fuel itself. U.S. reactors generate about 2,000 metric tons of used nuclear fuel each year, and only about 5% of utilities’ uranium purchases come from U.S.-origin material.

The current inventory of used fuel in the country is approximately 95,000 metric tons, comprising about 95% reusable uranium recoverable in certain fuel cycles. Most of the remainder is plutonium and other isotopes. Advanced reactors could consume the plutonium, and other isotopes are used in medicine so very little used fuel may wind up in long term storage.

A storage site was built in Nevada without full state approval and was never opened. Any new storage site will require support from individual state governments, as well as approval from multiple states to permit used fuel to travel across state borders.

A state developing interim and long-term storage could see meaningful economic gains–from potential payments out of the nearly $50 billion Nuclear Waste Fund, and co-locating recycling, reprocessing, and nuclear power plants.

Against that backdrop, policy is starting to catch up with technology.

Delaware’s Role in Shaping National Nuclear Policy

Policy is finally catching up with the technology. In July 2024, Congress passed the ADVANCE Act of 2024, which included amendments that I drafted. The amendments made recycling used nuclear fuel a federal priority and created an award for the first advanced reactor that could consume plutonium. The Act also directed the Nuclear Regulatory Commission (NRC) a year to find ways to accelerate permit approvals to 18 months.

In June 2025, the NRC announced an 18-month timeline to permit the construction of a 100-megawatt advanced nuclear design SMR in Texas for Dow Chemical, thus meeting that goal.

In 2025, I helped establish a “used nuclear fuel” discussion team to determine key objectives for federal and state legislation to finally resolve the used-fuel challenge. The group includes key members of the nuclear industry, including legacy companies and existing public organizations, and companies directly involved in reprocessing and recycling used fuel.

From Policy to Progress

Momentum is also growing at the federal level. In May 2025, President Trump signed four executive orders that will need legislative action, including:

•  Establishing federal-state cooperation to develop interim and long-term storage facilities
• Authorizing transportation used fuel across state lines
• Authorizing to reprocess and recycle used fuel
• Establishing a federal fee structure to purchase transuranic waste for long-term storage
• Supporting advanced reactors that efficiently utilize recycled products
• Establishing a science-based radiation standards
• Adopting used-fuel take-back policies to boost international sales

These objectives are similar to the objectives developed by our discussion team. We already have interested key legislators in the U.S. Senate and House Energy committees. We also have supporters on the ground in four states likely to accept used-fuel storage: Wyoming, Utah, Arkansas and Louisiana.

At the request of a Wyoming state senator, I have drafted a model resolution to support nuclear energy and in-state used-fuel storage for the Western Electricity Coordinating Council, which includes all or parts of the 12 western states, Alberta and British Columbia, and the northern part of Baja California in Mexico.

Separately, draft federal legislation has been created and is awaiting publication. In 2026, the Department of Energy is likely to seek state proposals to host storage and used fuel recycling facilities. Once approved, states can begin constructing storage facilities to finally begin accepting used fuel from power plants as required by existing federal law.

This alignment turns discussion into action for Delaware. The state can prepare to participate to capture economic and energy gains.

 David T. Stevenson is a nationally recognized energy expert.

*This article was first published by the Ceasar Rodney Institute on August 15,2025.

Our Education System in Delaware is Broken

By: Nancy Mercante, Guest Contributor

For ten years and counting, another report about student learning shows most students fail to reach higher levels of learning as they progress through their education system. At the national level, the latest National Assessment of Educational Progress (NAEP) report about seniors in 2024 shows a decline in seniors who are proficient in reading and math. In fact, more than two-thirds of 12^th graders scored below NAEP Basic – 32% in reading and 45% in math. This is the lowest percentage since the test began in 1992. The gap between the highest- and lowest-achieving students is growing, leaving many unprepared for life after school.

Delaware’s school performance results for grades 3-8 in 2024 show no significant improvement. Only 34% of students reached proficiency in math and 41% in English Language Arts (ELA).

The performance of Delaware’s schools with single-digit proficiency was a mixed bag. Warner Elementary declined in both math and ELA from 2023, but Johnson Elementary School doubled its math proficiency in 2024 from 3.5% to 6.07% and ELA rose from 6.43% to 9.09%. The challenge for these schools is to reduce the average 30% chronic absenteeism rate. If kids aren’t in class, they aren’t learning.

To fix our broken schools, all of us need to be involved in some way to help fix them. One of our goals at Citizens for Delaware Schools (C4DS) is to recruit community members who are willing to be laser-focused on their school district’s academic achievement and set specific academic goals for their superintendent. It’s a powerful way to get schools on the right track for students.

You can learn which school board seats are up for election in 2026 at citizensfordelawareschools.org and consider running. C4DS can walk you through the process.

Nancy Mercante had a career in corporate communications for major companies in the financial, pharmaceutical and telecommunications industries. She founded Citizens for Delaware Schools, a nonpartisan nonprofit, two years ago to advocate for a better education for every student in Delaware.

Free Our Schools! -Six Ways the Delaware General Assembly Can Cut Costs and Improve Outcomes Right Now.

By: Matt Bucher, Guest Contributor

High per capita costs. Low test scores. Off-the-rails student discipline. These issues, real and perceived, are killing our competitiveness, suppressing our economy, and closing off opportunities to our children.

Anyone who has volunteered in nearly every possible facet of the Delaware public school experience, as I have these past nineteen years, ought to see what is obvious in our comprehensive public school system. Here are some commonsense solutions, which would have an immediate and positive effect on our schools, teachers, and kids:

Return funding flexibility to the local school districts. Over the past decade or so, decision-making power in public education has been shifted to the state bureaucracy and lawmakers in Dover. At the same time, costs have slowly but steadily been shifted to the local school districts. There is research to prove that, and for years that research was given to the General Assembly in report form. Local districts need to be able to use funds for the local needs. We are either a state with local educational authority, or we are not. https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=141066&legislationTypeId=3&docTypeId=2&legislationName=HCR98

Curtail the volume of legislative initiatives that have unfunded compliance costs. Every initiative, pet project, expansion of employees and/or services that is mandated by Dover, the greater cost to education. However, what is never taken into account is compliance costs for the local school district. For example: if a bill is passed requiring additional counselors, someone else in the local administration will have to handle the additional personnel issues, compliance with all employment regulations, and management on all levels. These costs -in personnel and time- the local school district must find a way to cover from its own, often static, funds. The root of any “administrative bloat” recognized by the community can be traced directly to the ever-greater swarms of regulations and initiatives with which public school districts must contend. The rule must be: if a legislative mandate is not important enough to also fund the cost of complying with it, then the mandate is not, in fact, important at all.

It’s time to change Delaware’s “burden of proof” laws for public schools that make it an outlier in legal cases regarding special education. In the vast majority of states, the complainant seeking legal relief bears the burden of proving the complaint is valid. Not so in Delaware. Delaware is one of six states that require the public school district to prove a negative in disputes regarding special education. As you can imagine, it is far easier (and cheaper) to settle these cases than to fight. As you can easily imagine, these laws make it easy for lawyers to weaponize this process in hopes of a financial windfall. The burden of compliance and “preemptive defensive practices” among special education teachers and admin alone is quite possibly in the millions of dollars, not to mention the cost of (unfairly) settling eminently winnable cases. Special Education Burden of Proof Belongs on Complainants | Cato Institute 926 Children with Disabilities Subpart E Procedural Safeguards for Parents and Children

Let’s use the monies appropriated for education, FOR education. Did you know that tens of millions of dollars have been, by legislative fiat, pulled from educational funds, over the past seven years? In the budget crunch of 2018, the State of DE required each state agency to return a percentage of their funds to the state coffers, in what was known then and now as the “give back”. This “temporary” line item in the annual appropriations bill has been ended for all state agencies -except education! Just this year, the educational “give back” will cost local school districts over $26 million. What exactly is done with this money has never been made clear. House Bill 225

Student discipline is not going well in comprehensive public schools. It doesn’t need to be studied; no committee needs to be formed. It’s embarrassing that this isn’t seen as self-evident. Many of our most involved parents and best-performing students have fled the comprehensive system because it lacks overall accountability and safety. The Delaware system is organized to force districts to keep students in standardized settings who -for whatever reasons- have extreme behavioral issues. Setting aside any component that stems from the home, there are certain steps that can be addressed by government. Namely, more alternative schools need to be established for students who will not behave appropriately, so districts can maintain school climate and still provide education, both in the mainstream setting and the alternative facility. https://www.delawarepublic.org/politics-government/2024-03-06/senate-returns-to-session-with-heated-debate-over-school-discipline-task-force

Fix the testing dilemmas. Parents who opt out students from testing shouldn’t count against a school. There isn’t nuance here; either we believe parents are in charge of their child’s education or we don’t. For students in high school, career ready is just as important as college ready.  Making every kid take the SAT (which no student who doesn’t plan to attend college has any motivation to do anything other than bomb), at this point is foolish and everyone but the Delaware educational establishment seems to see that. The practical outcome of these misapplied tests and practices is that companies who are potential Delaware employers pass us over because of perceived lack of aptitude in the future workforce. https://pmc.ncbi.nlm.nih.gov/articles/PMC11526698/

Matt Bucher is the Vice President of the Milford School Board, Chairman of the Legislative Committee for the DSBA, and the Founder of the Buccaneer Educational Foundation.

For Delaware families, passing down a home just got a bit easier.

By: Michael E. Kozikowski Sr., Guest Contributor

Delaware has enacted the Transfer on Death Act, creating a new way for residents to pass real estate directly to heirs without the cost and delays of probate. Sponsored by Representative Harris and Senator Lockman, House Bill 147-Substitute 1 allows property owners to use a TOD deed to name beneficiaries who will automatically inherit property upon the owner’s death.

TOD deeds work much like naming a beneficiary on a bank account or life insurance policy. It has no effect while the owner is alive—the property can still be sold, mortgaged, or otherwise transferred at any time. It only takes effect at death, transferring ownership directly to the beneficiary and helping families avoid probate.

For a TOD deed to be valid, it must be notarized, signed before two witnesses (whom are not a beneficiary), and recorded with the county Recorder of Deeds before the owner’s death. Beneficiaries do not need to sign or be notified in advance, though it’s helpful for them to be made aware to avoid confusion later. It can be revoked at any time by filing a revocation, recording a new TOD deed, or transferring the property during life.

Importantly, TOD deeds are exempt from Delaware’s realty transfer tax. Standardized forms will be available on all the county recording offices website to make both creating and revoking these deeds more accessible to the public.

When a property passes through a TOD deed, it transfers with any existing mortgages or liens still attached. Creditors are protected, as debts and statutory allowances can be recovered from the property if the estate lacks sufficient assets. As real estate is often a family’s greatest asset, transfers previously required lengthy probate. With TOD deeds, a parent can leave their home directly to their child without court involvement.

“The reason for my ongoing support of this bill is the benefit it would bring to underserved communities, affording them a greater degree of self-determination when it comes to their loved ones and property. A recent study performed by the AARP shows that many individuals in these communities do not create a will before death, leaving their loved ones with the consequences of probate,” stated New Castle County Recorder Michael E. Kozikowski Sr.

With this Act, Delaware joins more than 30 other states that have enacted similar laws, promoting consistency in estate planning across the country. The measure reflects a bipartisan effort to reduce red tape and give residents more control over how property passes at death.

New Castle County’s Recorder of Deeds office has been working closely with Kent and Sussex Counties to prepare for the acceptance of TOD deeds. New Castle and Sussex Counties will begin recording these documents on December 4, 2025, while Kent County weighs an earlier start.

The December 4th start date is important: if a property owner passes away before December 4, 2025, the TOD deed will not be valid. In those cases, heirs or loved ones would still need to rely on a will, estate proceedings, or other legal documentation to transfer ownership.

To help residents prepare, TOD deed forms will be posted on our website in the coming weeks leading up to the December 4th launch date. As with any document recorded in our office, we strongly encourage individuals to seek legal advice to fully understand this document’s purpose and scope, while determining if it is the right option for their circumstances. Our office is proud to provide this new option for families and remains committed to serving the public with clear and efficient service.

Michael E. Kozikowski Sr. is the Recorder of Deeds for New Castle County, serving six consecutive terms. During his tenure, he has introduced initiatives aimed at improving transparency and accessibility for residents of New Castle County.