Chapter 10

§ 1001 Purpose. (a) The purpose of this subchapter is to continue the statewide process of reorganization of school districts begun under the School District Reorganization Act of 1968; to preserve the historic concept of semiautonomous locally controlled school districts throughout the State; to provide a procedure for the effective and orderly reorganization of certain existing school districts in Delaware; and to provide a framework of a governance system for such reorganized districts. (b) It is the further purpose and intent of the General Assembly to establish policy, procedures, standards and criteria under which the State Board of Education is authorized to determine and establish an appropriate reorganized school district or school districts and to implement the reorganization thereof. Any plan or rules and regulations duly adopted in accordance with this subchapter and § 1028(k) of this title by the State Board of Education for its implementation of such a plan shall be binding upon the parties involved in accordance with § 122(a) of this title. 14 Del. C. 1953, §  1001; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §  1 ; § 1002 Definitions. Unless otherwise defined in this chapter: (1) “Component former school board” means the board of education of any component former school district or component school district. (2) “Component former school district” or “component school district” means a school district, as constituted on July 1, 1977, which comprises in whole or in part a reorganized school district on or after July 1, 1978. (3) “Reorganized school district” or “newly reorganized school district” means a school district which is constituted and established in accordance with this chapter, provided that “reorganized school district” or “newly reorganized school district”, for the purposes of this subchapter and § 1028(k) of this title, shall not include any district specifically created to administer a system of vocational and/or technical education. (4) “School board” means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with this chapter. (5) “School district” means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area provided that “school district” shall not, for the purposes of this subchapter and § 1028(k) of this title, include any district specifically created to administer a system of vocational and/or technical education. 14 Del. C. 1953, §  1002; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §  4 ; § 1003 Criteria. The State Board of Education is hereby authorized and empowered to reorganize school districts pursuant to this chapter. Any such reorganization shall meet at least the following criteria: (1) Provide a complete instructional program for grades 1 through 12 except as may be provided for vocational and/or technical education; (2) Be composed of whole component school districts or parts of component school districts or any combination of whole and parts of component school districts without regard to any specific provisions of this chapter which would otherwise require the preservation of the boundaries of any component school district. 14 Del. C. 1953, §  1003; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 210, §  1 ; § 1004 Implementation; date of reorganization. Whenever any school district is reorganized either by consolidation of whole or parts of whole districts into a new district or districts or by division of a district or by a combination of consolidation and division of districts, the State Board of Education shall set the date upon which the implementation of the reorganized district or districts shall occur, after which date the reorganized district or districts shall be organized and administered according to this title and the school board of the former school district shall be dissolved. 14 Del. C. 1953, §  1004; 56 Del. Laws, c. 292, §  6 ; 57 Del. Laws, c. 56, §  1 ; 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §  5 ; § 1005 Employee’s right to fair dismissal; seniority. Nothing in this chapter shall be deemed to alter or affect in any way either Chapter 14 of this title or the right to terminate the employment of any school employee to whom Chapter 14 of this title does not apply, for cause or for any other reasons not inconsistent with the purpose of this section, except that, for purposes of § 1403 of this title, a teacher as defined in § 1401 of this title who is and has been continuously employed among a district created by a division under § 1028(k) of this title, the district divided under § 1028(k) of this title and 1 of its component former school districts shall be deemed to have been continuously employed by the new district to which that teacher has been assigned for the entire term of that teacher’s continuous employment in the several school districts. 14 Del. C. 1953, §  1005; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §  6 ; 70 Del. Laws, c. 186, §  1 ; § 1006 Deployment of school employees in each reorganized school district. (a) The State Board of Education shall devise a fair and equitable procedure for the deployment of school employees among and within the districts reorganized pursuant to this subchapter and § 1028(k) of this title which will be consistent with the criteria for reorganization set out in § 1003 of this title. (b) Any school district which is eligible for division pursuant to § 1028(k) of this title shall include in every employment contract into which it enters after July 8, 1980, a statement providing that the contract shall not be binding on any district created by such division. 14 Del. C. 1953, §  1008; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §  7 ; § 1007 Interim boards; membership; authority. (a) When a reorganized school district, excluding a vocational-technical school district, is divided pursuant to this subchapter and § 1028(k) of this title, there shall be an interim board of education for each district being created. The interim board of education shall have 7 members, one of whom resides in each nominating district. Each member of the board of education of the district being divided shall become a member of the interim board of the district being created and from the nominating district in which that member resides, provided that the member’s term on the interim board shall terminate on the date on which that member’s term on the board of education of the district being divided terminates. Any person who succeeds a member of the board of the district being divided shall also succeed that person as a member of the interim board. Except with regard to persons appointed to fill vacancies, the remainder of the members of the interim board of education shall be chosen by election pursuant to the following procedure: (1) Candidates for the interim board of education shall be nominated in accordance with § 1075 of this title except that a nominee must be a resident of the nominating district that nominee will represent; (2) A nominating petition in support of any nominee may be signed by any resident of the school district qualified to vote in the election proposed; (3) Election of members of the interim board shall be at large in the geographic area encompassed by the school district being created, provided that no person may vote for more than 1 person who resides in each nominating district; (4) The election shall be conducted in accordance with subchapter IV of this chapter; provided, however, that: a. The election shall be held within 130 days of the approval by the State Board of Education of the plan for division of the district pursuant to § 1028(k) of this title on a date chosen by the department of elections of the county in which the district is located after consultation with the State Board of Education or its designee; provided, however, that it shall not be held in November or December; b. The election shall be conducted by the department of elections of the county in which the district is located. The cost of the election shall be borne by the school district being divided; c. In the case of a tie between nominees from the same nominating district, the member shall be chosen by a run-off election to be held within 30 days. (b) Not later than 10 calendar days after the election of the members of an interim board, the President of the State Board of Education or the President’s designee shall meet the new board and swear in the members and shall on the same occasion instruct the board immediately to organize according to this chapter. (c) Each new board so organized shall serve as an interim board of education for the reorganized district until the date set by the State Board of Education for the establishment of the new school district according to § 1004 of this title. (d) Each interim board shall have all of the authority of a board of education as set forth in this title for the sole purpose of planning and preparing for the establishment of a reorganized school district to be established on the date set by the State Board of Education. The authority herein granted to each interim board may include but is not limited to the authority to set tax rates in accordance with this title, negotiate contracts, employ personnel for assignment as of the date of implementation of the new district and select a name for the reorganized school district. (e) The interim board may employ personnel for immediate assignment to execute the policies of the interim board. (f) All persons elected to the interim board or appointed to fill a vacancy shall be members of the interim board until it is dissolved on the date selected by the State Board of Education pursuant to § 1004 of this title for implementation of the reorganization. A vacancy on the interim board shall be filled by the remaining members of the interim board who shall appoint a person who resides in the nominating district in which that person’s predecessor resided. (g) Each interim board shall devise a budget to support its operation during the period from the date of its organization until the date set by the State Board of Education for implementation of the new district and present that budget to the State Board of Education for review and approval on a date set by the State Board of Education which shall be not more than 30 calendar days after the date that the interim board is organized. The State Board of Education shall approve or make modifications in and approve the budget not later than 10 days after it is presented by the interim board. (h) If the district being divided or consolidated fails to contribute to the interim board the amount assessed against it, according to this section, within 10 calendar days of receipt of the statement of assessment delivered by certified mail, the interim board shall report the delinquency to the State Board of Education, which shall in turn verify the delinquency and certify its finding to the Secretary of Finance. Upon certification of the Secretary of Finance, the State Treasurer shall pay the assessed amount to the interim board from such funds as are available in the state and local district accounts for the delinquent district. (i) Prior to the organization of the interim board, the State Board of Education shall engage in planning to effectuate the division of the school district. The board of education of the school district being divided shall, at the request of the State Board of Education, assign personnel to assist the State Board of Education. (j) Nothing herein shall alter the procedure or timing of elections for membership on the board of education of the district being divided. 14 Del. C. 1953, §  1008; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §§  8, 9 ; 70 Del. Laws, c. 186, §  1 ; § 1008 The Redding Consortium for Educational Equity. (a) The Redding Consortium for Educational Equity (“Consortium”) replaces the Wilmington Education Improvement Commission. The Consortium shall recommend policies and practices to the Governor and General Assembly and to the Secretary of Education to achieve educational equity and to improve educational outcomes of all pre-K to grade-12 students in the City of Wilmington and northern New Castle County. (b) The Consortium shall monitor the educational progress and outcomes of students in the City of Wilmington as well as all low-income, English learners and other students at risk across northern New Castle County. It shall develop and publish data reports on the conditions impacting the educational outcomes of these students and also track the progress of these students. (c) The Consortium shall recommend policies and actions to the Governor and General Assembly that support the continuous improvement of public education in the City of Wilmington and northern New Castle County. It shall spotlight best practices from across the State and nation for increasing educational equity, improving educational outcomes, and strengthening school and community services. It shall facilitate collaboration on implementation of best practices among school districts and charter schools and may implement pilot projects It shall also facilitate the consistent engagement of impacted communities to strengthen and inform its work. (d) The Consortium shall evaluate the need for additional or alternative educational facilities in the City of Wilmington, including secondary schools. (e) The Consortium shall develop policy proposals to be introduced through legislation to improve teaching and learning in both district and charter schools in the City of Wilmington and northern New Castle County. (f) The Consortium shall develop a proposal for redistricting in the City of Wilmington and northern New Castle County that must include provisions under § 1026(d)(3) of this title formulated specifically for that purpose with designated responsibilities and timelines for action at all levels. (g) The Consortium shall research the viability of the New Castle County Tax District and Tax Pool. (h) The Consortium is comprised of 25 voting members, as follows: (1) Fifteen members serving by virtue of position, or a designee selected by the member, as follows: a. A State Senator representing the City of Wilmington, appointed by the President Pro Tempore of the Senate. b. A State Representative representing the City of Wilmington, appointed by the Speaker of the House of Representatives, c. A State Senator from the minority caucus, appointed by the President Pro Tempore of the Senate. d. A State Representative from the minority caucus, appointed by the Speaker of the House of Representatives. e. The Superintendent of the Red Clay Consolidated School District. f. The Superintendent of the Christina School District. g. The Superintendent of the Colonial School District. h. The Superintendent of the Brandywine School District. i. The Superintendent of the New Castle County Vo-Tech School District. j. The Mayor of the City of Wilmington. k. The Head of the Metropolitan Urban League. l. The President of the Delaware Hispanic Commission. m. The Chair of the Advisory Council on English Learners. n. A Chair of the Wilmington Community Advisory Council. o. The President of the Delaware State Education Association. (2) Ten members identified and appointed by the co-chairs of the Consortium, as follows: a. A representative of the Wilmington Center for Education Equity and Public Policy. b. A charter school lead. c. Two teachers from schools in the City of Wilmington. d. Two business leaders. e. Two parents. f. Two additional community leaders or representatives of the Wilmington and northern New Castle County community with educational interests. (i) The Consortium is comprised of the following nonvoting members, or a designee selected by the member: (1) The Secretary of Education. (2) The Secretary of Finance. (3) The Director of the Office of Management and Budget. (j) Official action by the Consortium requires the approval of a majority of all voting members. (k) Meetings of the Consortium and all related committees are public meetings and must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of Title 29. ( l ) The Consortium shall meet at least quarterly, and its first meeting shall occur on or before September 1, 2019. (m) The Consortium may invite education and community stakeholders to participate in meetings as nonvoting members as determined by the co-chairs. (n) The co-chairs of the Consortium are as follows: (1) The member appointed by the President Pro Tempore of the Senate under paragraph (h)(1)a. of this section. (2) A member appointed by the Governor from the members of the Consortium under paragraphs (h)(1)e. through (h)(1)o. or paragraphs (h)(2)a. through (h)(2)e. of this section. (o) The Consortium may form standing committees to develop recommendations for consideration by the full Consortium. The co-chairs of the Consortium may appoint members of committees and working groups who are not members of the Consortium but whose participation will enhance the work undertaken. (p) The Consortium shall work with and across all relevant governmental agencies, educational entities, and private and nonprofit institutions serving residents of the City of Wilmington. The Consortium shall build upon the work and recommendations of the Wilmington Education Advisory Committee and the Wilmington Education Improvement Commission. (q) As requested by the Governor and the General Assembly, the Consortium shall carry out other responsibilities consistent with its overall mission. (r) The Consortium shall report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House, the City of Wilmington, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives at least once each fiscal year. It shall annually present a report to a joint session of the education committees of the Senate and the House. Each report must include all of the following: (1) A summary of the work and actions completed by the Consortium to accomplish its purposes as required under this section. (2) Recommendations of the Consortium about whether and how to further implement, promote, and achieve improvement in the education of pre-K to grade-12 students in the City of Wilmington and northern New Castle County. (s) The University of Delaware’s Institute for Public Administration and Delaware State University’s School of Graduate Studies shall staff the Consortium. A policy director from the Institute for Public Administration, approved by the co-chairs of Consortium, shall manage the staff. An annual line item allocation of funding must be provided to the Consortium to support the operational services, research, and analysis carried out by the Institute for Public Administration and Delaware State University and in the development of the transition, resource, and development plan. (t) The Consortium shall remain in operation until the Governor and General Assembly conclude that its mission has been fulfilled. 82 Del. Laws, c. 164, § 2 ; 83 Del. Laws, c. 37, § 15 ; 83 Del. Laws, c. 283, § 16 ; 84 Del. Laws, c. 255, § 11 ; § 1009 Transfer of property. During the period beginning on the date that an interim board is organized pursuant to § 1007 of this title and ending on the date set by the State Board of Education for the establishment of a new district, any school district being divided shall take the steps necessary to transfer and convey all property that, as determined by the State Board of Education, naturally belongs to the reorganized district and shall make and execute such deed or deeds of conveyance as are necessary to pass to the reorganized district the legal title to all such property, provided that the State Board of Education shall make no determination contrary to § 1028(f) of this title. For purposes of this section, the property upon which a vocational-technical center or school is located and the property constituting such vocational-technical center or school shall be deemed to belong to the vocational-technical school board in the county in which the vocational-technical center or school is located. The transfers herein required shall be concluded not later than 90 calendar days after the establishment of the new reorganized school district. 61 Del. Laws, c. 210, §  1 ; 62 Del. Laws, c. 351, §§  8, 10 ; § 1021 Types of reorganized school districts. After July 1, 1969, all school districts in this State shall be known as “reorganized school districts.” 14 Del. C. 1953, §  1021; 56 Del. Laws, c. 292, §  6 ; § 1022 Property; legal title. Any reorganized school district constituted and established under this chapter shall have, subject to the laws of this State, the power to purchase, receive, take, lease or otherwise acquire, own, hold, improve and otherwise use real or personal property, or any interest therein and to sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its property or any interest therein. Legal title to property, real and personal, of a reorganized school district shall be held in the name of the reorganized school district. 14 Del. C. 1953, §  1022; 56 Del. Laws, c. 292, §  6 ; § 1023 School year. Repealed by 72 Del. Laws, c. 6, § 2, effective February 8, 1999. § 1024 Fiscal year. The fiscal year in each reorganized school district shall begin on July 1 and end on June 30 of the succeeding year. 14 Del. C. 1953, §  1024; 56 Del. Laws, c. 292, §  6 ; § 1025 Fixing doubtful or disputed boundaries of reorganized school districts. (a) In case of doubt or controversy as to the correct location of the existing boundary or boundaries of any reorganized school district, the State Board of Education shall fix and establish the boundaries after examining the available records and after due hearing of the owners of the property that may be involved. This section applies where there is uncertainty as to the existing boundaries of a district. The power to change or alter deliberately the boundaries of a reorganized school district is governed by § 1026 of this title. (b) The State Board of Education shall make and preserve a record of its decisions fixing the boundaries of a reorganized school district in a special book to be kept by it for that purpose and shall file a copy of such record with the Board of Assessment of the county in which the property involved is located. (c) If the State Board of Education deems it necessary to employ technical assistance in fixing and establishing a doubtful or disputed boundary, it may pay the cost of such technical assistance out of any fund that it may have to its credit that is not specially designated for another purpose. 14 Del. C. 1953, §  1025; 56 Del. Laws, c. 292, §  6 ; § 1026 Changing boundaries; vocational-technical school districts; City of Wilmington. (a) The State Board of Education may, in accordance with this section, change or alter the boundaries of any reorganized school district. (b) Before making changes in the boundaries of a reorganized school district, the State Board of Education must consult with the school boards of the districts affected by the proposed change. Thereafter, the State Board of Education must submit for approval or rejection the question of the change of boundary to the qualified voters of the district or districts affected at a special referendum to be held for that purpose, after 2 weeks’ notice of the referendum and proposed change has been posted at the school or schools of the district or districts affected. The referendum must be conducted in each district by the school board of the district. Any person who possesses the qualifications prescribed in § 1077 of this title may vote at the referendum. The question must be determined by a majority of the total vote cast in each district affected. Each school board must immediately certify to the State Board of Education the result of the referendum in the district. (c) Subject to subsection (a) of this section, the State Board of Education may change or alter the boundaries of any reorganized school district without a referendum of the voters if the written consent of the owners of the real property to be transferred has been obtained and if also the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration. (d) (1) Notwithstanding the provisions of subsections (b) and (c) of this section, the State Board of Education may change or alter the boundaries of school districts in New Castle County in a manner consistent with some or all of the redistricting recommendations made by the Redding Consortium for Educational Equity (“Consortium”), provided that the General Assembly passes, and the Governor signs, a Joint Resolution supporting the proposed changes in school district boundaries. (2) Prior to ordering a change or alteration of a school district boundary under this subsection, the State Board or the Consortium, shall conduct at least 1 public hearing in each of the school districts to be affected, including at least 2 in the City of Wilmington. (3) a. The State Board of Education shall make its decision and order to change or alter district boundaries under this subsection based on the recommendations of the Consortium as expressed in a transition, resource, and implementation plan for redistricting. The final recommendation and plan developed by the Consortium for presentation to the State Board of Education must include all of the following: 1. The orderly and minimally disruptive reassignment of students affected by the boundary change and the reassignment of governance responsibilities. 2. Implications for educators, administrators, and other personnel that may lead to equitable adjustments to local collective bargaining agreements. 3. Resources that will be required, from state, district, and local sources, to support the redistricting transition and provide for the effective ongoing education of all affected students, and for the support of schools with high concentrations of low income students and English learners. 4. Student transportation. 5. Distribution of capitalassets and financial obligations or a process for such distribution. 6. Engagement of educators, staff, parents, district personnel, and community members throughout the transition. 7. Directives for improving secondary education options for City of Wilmington students, such as the provision of additional secondary schools. 8. Redrawing of district boundaries in Wilmington and northern New Castle County to better serve the educational interests of all students, including reducing the concentration of low-income students and improving educational services and supports for English learners and other students at risk. 9. An assessment of the educational needs of City of Wilmington students and the resources required to meet those needs. 10. A stipulation that the funding statewide and locally will facilitate effective implementation of the proposed comprehensive plan in a manner that will improve the educational outcomes for all of the students impacted by that plan. 11. A timetable for implementing each element of the redistricting plan and the designated responsibility for carrying out responsibilities until the date of full implementation. 12. A process for the ongoing monitoring and evaluation of the educational impacts and outcomes of implementation, which will include an annual report by the Consortium to the Governor, the General Assembly, the Secretary of Education, and the State Board of Education. 13. The plan must permit students to continue their attendance at the school they attended prior to the boundary change with tuition payments made by the sending district as provided in Chapter 6 of this title until such time as the pupils complete the grade levels offered in that school. b. The Consortium’s final recommendation and plan may include all of the following: 1. Recommendations for changes in policies and practices that will improve the coordination and collaboration among districts and charter schools serving students in the City of Wilmington and New Castle County, including changes in the authorization of charter schools. 2. Recommendations for improvements to access to high-quality early education programs for all students in the areas impacted by the proposed change in district boundaries. 3. Recommendations for improvements of the provision and coordination of before and after-school services for students and families in the areas impacted by the proposed change in district boundaries. 4. Recommendations for policies and practices associated with student assignment and school choice. 5. Recommendations for addressing additional transportation costs generated by enabling students to complete their studies in schools attended prior to the boundary changes. 6. Recommendations for policies and practices for systematic reform to address the negative impacts of the Neighborhood Schools Act [subchapter II of Chapter 2 of this title]. c. The Consortium may submit 1 or more interim plans for action under this section, which may address redistricting to ensure that all school districts have contiguous geographical boundaries. d. All school districts, including the New Castle County Vocational-Technical School District, and all charter schools operating in the City of Wilmington and New Castle County must cooperate fully with the Consortium in the development of the redistricting plan, including the timely provision of student, financial, personnel, and facilities data as well as other operational data. e. A recommendation and plan of the Consortium must be reviewed and acted upon by the State Board of Education within 3 months of submission. (e) If the State Board of Education does not approve a plan as submitted by the Consortium, it must notify the Chairperson of the Consortium in writing, give reasons why the plan was not approved, and allow the Consortium to resubmit the plan within 30 days of the Chairperson receiving the notice of denial. (f) The State Board of Education must base its decision to change or alter school district boundaries on a record developed in compliance with state open meetings laws. (g) The authority of the Consortium and the State Board of Education to act under the provisions of this section shall continue until the confirmation of a final State Board of Education approved plan by the Governor and the General Assembly. (h) (1) Before the consideration of a Joint Resolution required under subsection (d) of this section by the General Assembly, the Controller General shall prepare a fiscal analysis of a redistricting plan approved by the State Board of Education under subsection (d) of this section (“the redistricting plan”). The fiscal analysis must do all of the following: a. Describe all requirements of and obligations assumed by the State or a school district redistricted under the redistricting plan and any other consequences of the redistricting plan that has a fiscal impact on the State or a school district redistricted under the redistricting plan for each fiscal year following the enactment of the Joint Resolution. b. Include full fiscal cost data estimates, including salaries, operating costs, other employment costs, capital outlays, and debt service that may be incurred under a redistricting plan. c. State how the fiscal cost data estimates were calculated, including what facts were used or assumption made to calculate the estimates. (2) On request by the Controller General, the Consortium, the State Board of Education, the Department of Education, the Office of Management and Budget, a school district redistricted under a redistricting plan, and any other state agency shall provide information and other assistance necessary to complete the fiscal projection required by this subsection. (i) After the enactment of a Joint Resolution required under subsection (d) of this section, the General Assembly shall, through the General Assembly’s budget process, determine the funding, if any, to be appropriated to provide resources needed for the implementation of a redistricting plan approved by a Joint Resolution, including any additional analysis, facility, and program requirements. (j) Notwithstanding subsection (b) of this section, the State Board of Education may change or alter the boundaries of any reorganized vocational-technical school district if the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration. 14 Del. C. 1953, §  1026; 56 Del. Laws, c. 292, §  6 ; 68 Del. Laws, c. 260, §  1 ; 75 Del. Laws, c. 334, §§  1-3 ; 76 Del. Laws, c. 142, §  1 ; 76 Del. Laws, c. 216, §§  1-3 ; 80 Del. Laws, c. 139, §  1 ; 80 Del. Laws, c. 357, § 2 ; 82 Del. Laws, c. 163, § 1 ; 83 Del. Laws, c. 515, § 1 ; 84 Del. Laws, c. 237, § 1 ; § 1027 Consolidation of reorganized or vocational-technical school districts; referendum; qualified voters; list of taxable property; bonds of vocational-technical school districts; school boards of consolidated school districts. (a) The State Board of Education may, when in its judgment it is practicable and desirable, consolidate 2 or more reorganized school districts which are contiguous, in accordance with this section. (b) In cases other than consolidation of reorganized vocational-technical school districts, the State Board of Education shall, by means of referendum conducted by the school board of the reorganized school districts affected, submit the question of consolidation to the voters of the reorganized school districts affected. The State Board of Education shall specify in advance the effective date of consolidation. The question of consolidation shall be determined by the majority of the total vote in each of the reorganized school districts affected, and the result shall be immediately certified to the State Board of Education in accordance with other provisions of this chapter. If approved by referendum in each of the reorganized school districts affected, the consolidated school district shall be constituted and established as of the effective date of consolidation. (c) In the case of any consolidation of reorganized vocational-technical school districts, the State Board of Education shall, provided the school boards of the vocational-technical districts affected by such consolidation have adopted resolutions favoring such consolidation, constitute and establish such consolidated vocational-technical school district as of the effective date of consolidation. (d) If consolidation is by referendum, the State Board of Education shall post a notice of the proposed referendum for consolidation at the school or schools in the reorganized districts affected and in at least 10 other prominent and conspicuous places in each of the reorganized districts affected at least 20 days prior to the date of the referendum. The notice of referendum shall distinctly state the following: (1) That in case the consolidation is effected, the obligations evidenced by bonds of each of the consolidating districts shall become the common obligation of all of the residents of the consolidated district and the principal and interest on the outstanding bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated district; (2) That the rate of tax for current expenditures not including Division III in the consolidated district shall not be in excess of the highest rate that was authorized in any of the reorganized school districts to be consolidated, without a new referendum to authorize such taxation; (3) That, in the event of consolidation, all obligations evidenced by bonds issued by the consolidated district after consolidation shall become the common obligation of the residents of the consolidated district. (e) If consolidation is by referendum, every person qualified to vote under § 1077 of this title may vote, and §§ 1078, 1079 and 1085 of this title shall apply to such referendums. (f) If consolidation is by referendum, the school board for the consolidated school district shall be responsible for preparing and maintaining the list of taxable property and capitations for each of the respective school districts in accordance with paragraph (d)(1) of this section, as each was constituted prior to consolidation and at the time the obligations evidenced by bonds were issued and shall continue to levy the taxes to pay for the principal and interest on the bonded indebtedness of each such school district, and the receiver of taxes and county treasurer or their successors shall deposit such tax moneys in the approved manner provided elsewhere in this title for the account of the consolidated district. The school board of the consolidated district shall keep such records and accounts as are necessary showing the receipts from such taxes and payments made on bonded indebtedness of each such school district as was constituted prior to consolidation. (g) In the case of any consolidation of reorganized vocational-technical school districts where any of the school districts so consolidating have outstanding obligations evidenced by bonds, such obligations after consolidation shall become the common obligation of all the residents of the consolidated vocational-technical school district and the principal and interest on the bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated vocational-technical school district. (h) All property, real and personal, of the school districts consolidating shall upon consolidation become the property of, and vest by operation of law in, the consolidated school district, and all indebtedness and obligations of the districts consolidating shall become the indebtedness and obligations of the consolidated district. The rights of any bondholders shall not be impaired by reason of anything contained in this section. (i) The school board of any school district consolidated under this section shall be created and constituted in accordance with § 1065 of this title. (j) Any consolidated school district created under this section shall be operated and maintained as other school districts reorganized under this chapter and all laws in this State relating to school districts reorganized under this section shall apply to such consolidated school districts. (k) This section shall apply only with respect to reorganized school districts constituted and established in accordance with this chapter and shall not be deemed to alter or affect in any way former § 1108 of this title with respect to school districts consolidating on or before June 30, 1969. 14 Del. C. 1953, §  1027; 56 Del. Laws, c. 292, §  6 ; § 1028 Division of reorganized school districts; names; bonded indebtedness; levy of taxes without referendum; real property; personal property; school boards; school districts conducted and maintained as other reorganized school districts; applicability of section; division of school districts created by federal court orders. (a) A reorganized school district may be divided by the State Board of Education into 2 or more school districts in accordance with this section. (b) A division, except in the case of the division of a reorganized vocational-technical school district, shall be by referendum, which referendum shall be conducted in the same manner as a referendum for the consolidation of reorganized school districts under § 1026 of this title. If division is by referendum, the question of division shall be determined by a majority of the total vote of the reorganized school district to be divided. A division of a reorganized vocational-technical school district shall be by resolution of the State Board of Education, and by resolution of the board of the reorganized vocational-technical school district affected. In the case of any division of any reorganized school district, the State Board of Education shall specify in advance the effective date of the division. (c) One of the school districts resulting from a division shall retain the name of the reorganized school district being divided, unless otherwise specified by the State Board of Education. The school board of the reorganized school district being divided shall specify in advance and with the approval of the State Board of Education the proposed names for the school districts resulting from any division and the boundaries of the school districts so named. If division is by referendum, the proposed names and the boundaries of the school districts so named shall be distinctly stated in the notice of referendum. (d) In the event any reorganized school district has, at the time of division, any outstanding obligations evidenced by bonds or bond obligations resulting from a division in a previous high school district, such obligations shall remain the obligations of the residents of the school district then obligated upon such bonds to pay the principal and interest when due until paid according to the original authorization with respect to principal and interest. The rights of any bondholder shall not be impaired by reason of a division of any reorganized school district. If division is by referendum, the notice of the referendum shall distinctly state the provisions of this subsection. (e) Each school district resulting from a division of a reorganized school district shall levy taxes sufficient: (1) To maintain the level of current expenditures including Division III as established in the divided reorganized school district; and (2) To provide for payment of principal and interest on any bonded indebtedness as provided in this section. Such taxes shall be levied by the school boards of the school districts resulting from any such division without a further referendum. If division is by referendum, the notice of referendum shall distinctly state the provisions of this subsection. (f) All real property of the divided reorganized school district shall, by operation of law, become vested in the respective school district resulting from such division in which such real property is located. (g) All personal property of the divided reorganized school district shall be apportioned between or among the school districts resulting from such division upon the basis of enrollments in such resulting school districts as of September 30, immediately preceding the division. In the event the school boards of the resulting school districts cannot agree as to such apportionment, the State Board of Education shall make the apportionment which shall be final. (h) School boards for school districts resulting from any division under this section shall be created and constituted in accordance with § 1066 of this title. (i) All school districts resulting from any division under this section shall be operated and maintained as other school districts reorganized under this chapter, and all laws in this State relating to school districts reorganized under this chapter generally and not inconsistent with this section shall apply to such school districts resulting from such division. (j) This section shall apply only with respect to a division of a reorganized school district constituted and established in accordance with this chapter. (k) During the period January 1, 1980, through August 31, 1981, the State Board of Education may divide any school district created by order of a federal court pursuant to this section; provided, however, that: (1) The requirement of referendum included in subsection (b) of this section, the requirement of taxation of subsection (e) of this section and the statutory restriction of subsection (j) of this section shall not be applicable; (2) The requirements of subsection (d) of this section shall be met by funds available pursuant to § 1057(b) of this title and by taxes collected by the county taxing authorities, which taxes shall be collected uniformly throughout the entire area being divided; (3) The area being divided shall be permanently constituted as a school tax district as defined in § 1925 of this title; (4) The rates for school taxes for current operating expenses and debt service on obligations evidenced by: a. Bonds of the district being divided authorized prior to the division; b. Bonds of the district being divided; and c. Bonds of any former school district located in the geographical area of the district being divided which are levied in the school tax district shall be established and set according to § 1925 of this title; (5) Obligations evidenced by bonds authorized prior to the division herein authorized shall be paid by the county taxing authorities from debt service taxes collected in the school tax district; (6) Taxes collected in the school tax district for current operating expenses shall be distributed each year in a uniform manner, on a per unit basis according to units certified by the State Board of Education for the previous fiscal year, by the county taxing authorities, to the districts formed by the division; (7) No tax funds herein authorized shall be distributed to a separate vocational-technical school district; (8) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such a division from levying and collecting taxes for any purpose within the new district when such rates are set according to Chapter 19 of this title requiring a referendum of the qualified voters in the district; (9) Nothing herein or in § 1925 of this title shall prevent any school district created as a result of such division from issuing bonds and levying and collecting taxes to provide funds for the payment of interest and annual payments on such bonds, in accordance with Chapter 21 of this title; (10) Any school district created as a result of such division may each fiscal year determine and set tax rates for tuition and for minor capital improvements for the next fiscal year; (11) A change in tax rates by a single district shall not alter the rate set in accordance with § 1925 of this title for the school tax district; (12) The boundaries of school districts divided according to this subsection shall be established in accordance with § 1066A of this title. (13) The boards of education of school districts resulting from the division authorized by this subsection shall be established in accordance with § 1066 of this title. ( l ) If the division of a school district is carried out under subsection (k) of this section, then the following provisions shall apply: (1) Any outstanding obligations of the school district for current operating expenses, on the effective date of the division, shall become the joint obligation of the newly created districts. Each new district shall be responsible for a portion of the total outstanding obligation; the liability of each new district shall be in the same proportion to the total liability of the district being divided as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (2) Balances in the local current expense account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in schools located in the area encompassed by the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (3) Balances in the local tuition account of the school district, on the effective date of the division, shall be divided among the newly created districts. The amount of funds received by each such district shall be in the same proportion to the total balance as the number of units of pupils enrolled in the schools located in the area encompassed in the new district was to the total number of units in the district being divided in the fiscal year preceding the division; (4) Balances in the local debt service account of the reorganized school district, on the effective date of the division, shall be retained in the debt service account of the school tax district. These funds shall be used to meet bond obligations which are due after the effective date of the division; (5) Balances in the local minor capital improvement accounts of the district being divided, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the projects for which they were intended at the time of the division, as determined by the State Board of Education; (6) Balances in the annual maintenance accounts of the reorganized district, on the effective date of the division, shall be divided among the newly created districts. The funds shall be divided in a proportion which will best enable the funds to be used for the maintenance for which they were intended at the time of the division, as determined by the State Board of Education. 14 Del. C. 1953, §  1028; 56 Del. Laws, c. 292, §  6 ; 62 Del. Laws, c. 351, §§  2, 12 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 491, §  1 ; § 1029 Vocational-technical school districts; school boards. (a) Vocational-technical school districts superimposed on other reorganized school districts shall be operated and maintained as other reorganized school districts under the control of the State through its Department of Education as provided in this Code. (b) In each reorganized vocational-technical school district there shall be a vocational-technical school board which shall have the authority to administer and to supervise all the vocational-technical centers or schools of the vocational-technical school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the vocational-technical centers or schools of the reorganized vocational-technical school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State through its Department of Education as provided in this Code. All vocational-technical centers or schools shall come within the authority of the vocational-technical school board in the county in which they are located. 14 Del. C. 1953, §  1029; 56 Del. Laws, c. 292, §  6 ; 61 Del. Laws, c. 208, §  1 ; 71 Del. Laws, c. 180, §  45 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1041 Definitions. As used in this subchapter: (1) “Inhabitant” means a person who both claims legal residence and physically resides in a designated area or school district. (2) “Reorganized school district” means a school district constituted and established under this chapter whether by reorganization, consolidation or division. (3) “School board” means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division. (4) “School board member” means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter. 14 Del. C. 1953, §  1041; 56 Del. Laws, c. 292, §  6 ; 85 Del. Laws, c. 50, § 1 ; § 1042 School boards to which this subchapter applies. This subchapter applies to school boards of all reorganized school districts in this State, except where otherwise provided in this subchapter. 14 Del. C. 1953, §  1042; 56 Del. Laws, c. 292, §  6 ; § 1043 Authority. In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State. 14 Del. C. 1953, §  1043; 56 Del. Laws, c. 292, §  6 ; 71 Del. Laws, c. 180, §  46 ; § 1044 Designation of official office. The official office of the school board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise adequately provided for and publicly advertised. 14 Del. C. 1953, §  1044; 56 Del. Laws, c. 292, §  6 ; § 1045 Annual meeting; election of officers. (a) Each school board shall hold an annual meeting at its office in July of each year. (b) At each annual meeting the school board shall elect 1 of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in the president’s stead. (c) At each annual meeting, the school board shall designate the chief school officer or superintendent as the executive secretary of the school board. 14 Del. C. 1953, §  1045; 56 Del. Laws, c. 292, §  6 ; 70 Del. Laws, c. 186, §  1 ; § 1046 Compensation of school board members. A school board member shall receive no compensation for that member’s services. 14 Del. C. 1953, §  1046; 56 Del. Laws, c. 292, §  6 ; 70 Del. Laws, c. 186, §  1 ; § 1047 Treasurer. The State Treasurer shall serve as treasurer of each reorganized school district in the State and shall receive all moneys to which the reorganized school districts are entitled by law and all those moneys collected for school purposes by the receiver of taxes and county treasurer or their successors of each county, who shall deposit all such moneys in the legal depository for State moneys in the custody of the State Treasurer. Where any provision of this section is inconsistent with Chapter 92, Volume 23, Laws of Delaware, as amended, relating to the school district of the City of Wilmington and the Board of Public Education in Wilmington, Chapter 92, Volume 23, Laws of Delaware, as amended, shall control. 14 Del. C. 1953, §  1047; 56 Del. Laws, c. 292, §  6 ; § 1048 Regular and special meetings; quorum; roll call vote. (a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board. (b) Special meetings of the school board may be held whenever the duties and business of the school board may require. (c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of a majority of the members of the board. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board. (d) A roll call vote of all board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote shall then be so recorded and considered a matter of public record. (e) School board meetings must include time for public comment on agenda items that are subject to a vote. Public comment on agenda items must take place before a school board vote on agenda items. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment. For purposes of this subsection, “Agenda items” means major issues expected to be discussed at a public meeting, and excludes procedural items such as votes to approve minutes or enter into executive session. (f) A method for the public to remotely attend and provide public comment at school board meetings must be provided. (g) (1) If a school board allows school board members to attend regular or special meetings remotely by electronic means, then all of the following must be permitted reasons for remote attendance: a. Illness of the school board member. b. Illness of an individual in the school board member’s family where that individual requires caretaking. c. A public health emergency. d. Pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner. e. Military deployment of the school board member. (2) a. A school board may impose limitations on the number of times a school board member may be permitted to attend remotely under paragraph (g)(1) of this section. b. A school board may not expand the permissible reasons for a board member to attend remotely beyond those enumerated under paragraph (g)(1) of this section. (3) A school board member attending remotely under paragraph (g)(1) of this section is counted as though physically present for purposes of quorum and voting. (4) The means used to facilitate remote attendance under this subsection must allow all participating members and witnesses to simultaneously hear the comments of each member or witness. 14 Del. C. 1953, §  1048; 56 Del. Laws, c. 292, §  6 ; 59 Del. Laws, c. 91, §  1 ; 73 Del. Laws, c. 262, §  1 ; 84 Del. Laws, c. 14, § 1 ; 85 Del. Laws, c. 182, § 2 ; 85 Del. Laws, c. 184, § 1 ; § 1049 Policy making. (a) The school board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations of the State, shall, in addition to other duties: (1) Determine the hours of daily school sessions, the holidays when district schools shall be closed, and the days on which teachers attend educational improvement activities. This authority is subject to the requirement that all school district calendars must provide for school attendance of at least the following number of hours: Beginning at the start of the 2008-2009 school year 1060 hours 1060 hours 1032 hours The waiver provisi