CHAPTER 17. State Appropriations

§ 1701 Amount to be appropriated by General Assembly. The General Assembly shall make provision for the annual payment to the free public schools of the State an amount which shall amply provide for the items authorized by this title and those additional items that the General Assembly deems appropriate. 32 Del. Laws, c. 160, §  61 ; Code 1935, §  2706; 14 Del. C. 1953, §  1701; 71 Del. Laws, c. 180, §  94A ; § 1702 Divisions of school appropriations. (a) Appropriations for the support, maintenance and operation of the free public schools of the State shall be in 3 divisions: Division I shall include appropriations designated for the purpose of paying the employees of the various school districts of the State in accordance with the state-supported salary schedules contained in Chapter 13 of this title; Division II shall include the appropriations for all other school costs and energy, except those for debt service and the transportation of pupils; Division III shall include appropriations for educational advancement. (b) The Department of Education shall in its annual budget request recommend an aggregate amount to be appropriated to the State’s school districts for the purpose of educational advancement on a unit basis. The Department’s annual budget request shall include funds adequate to comply with its obligation under § 1704(2) of this title. (c) Appropriations pursuant to Division I shall be used to employ personnel authorized by Chapter 13 of this title. School districts shall not use such funding to employ administrators in addition to those funded by the State pursuant to Chapter 13 of this title. (d) Notwithstanding any other provision of this chapter, appropriations pursuant to Division II may be used for any otherwise legal purposes. (e) The Department of Education, Office of Management and Budget and Controller General’s Office are authorized to simplify the complexity of state share accounting by consolidating school district appropriations in the State’s financial management and accounting system. Such consolidation may include state funding appropriated and allocated to school districts under Divisions I, II and III, Academic Excellence, Reading Cadre, Reading Resource Teachers, and Exceptional Student Unit-Vocational. Appropriations authorized to be consolidated herein shall not alter the school funding formulas, salary schedules, and/or provision of expenditure stipulated in this title and in the Annual Appropriations Act. 47 Del. Laws, c. 364, §  1 ; 14 Del. C. 1953, §  1702; 56 Del. Laws, c. 292, §  20 ; 71 Del. Laws, c. 180, §  95 ; 71 Del. Laws, c. 482, §  3 ; 73 Del. Laws, c. 321, §§  4, 5 ; 75 Del. Laws, c. 88, §  21(7) ; 75 Del. Laws, c. 89, §  367 ; 76 Del. Laws, c. 280, §§  337, 356 ; 77 Del. Laws, c. 84, §  404 ; 77 Del. Laws, c. 197, §  2 ; 78 Del. Laws, c. 7, §  1 ; 79 Del. Laws, c. 201, §  1 ; 83 Del. Laws, c. 325, § 383 ; § 1703 Unit of pupils. (a) As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title: (1) Preschool Basic Special Education — 8.4 (2) K-3 Regular Education — 16.2 (3) 4-12 Regular Education — 20 (4) K-12 Basic Special Education (Basic) — 8.4 (5) Pre-K-12 Intensive Special Education (Intensive) — 6 (6) Pre-K-12 Complex Special Education (Complex) — 2.6 (b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction. (c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for full-day kindergarten. (d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool basic special education unit shall be 1 unit for 8.4 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for kindergarten through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22, whichever occurs first, as defined in Chapter 31 of this title. (1) Preschool basic special education unit. — a. A student shall be counted in the preschool basic special education unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit and is: 1. Eligible for special education and related services from birth; or 2. At least 3 years of age; or 3. Eligible as described in the Memorandum of Understanding on Early Childhood Transition with the Department of Health and Social Services; or 4. Not yet entered kindergarten. b. The following provisions shall apply to the preschool basic special education unit: 1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. Districts must use all funds generated by preschool basic special education unit to support services for the students counted in the preschool basic special education unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title. 5. Districts may use tuition to pay for the local share and excess costs of special education and related services. 6. The units are considered teacher/instructional units for purposes of other unit counts. 7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool unit. (2) K-3 regular education unit. — a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit, intensive unit or complex unit described later in this section. b. The following provisions shall apply to the K-3 regular education unit: 1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them. 5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts. (3) 4-12 regular education unit. — a. A student shall be counted in the grades 4-12 unit if the student is enrolled in grades 4 through 12 and not identified as eligible for special education and related services. b. The following provisions shall apply to the 4-12 regular education unit: 1. Partial unit funding is provided for between 1 and 20 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them. 5. The units are considered teacher/instructional units for purposes of other unit counts. (4) K-12 basic special education (basic). — a. A student shall be counted in the basic unit if the student is enrolled in kindergarten through grade 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit under paragraph (d)(6) of this section. b. The following provisions shall apply to the K-12 basic special education (“basic”) unit: 1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them. 5. A student is not required to receive a minimum number of hours of instruction to count as a student in the basic unit. 6. The units are considered teacher/instructional units for purposes of other unit counts. 7. All units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. 8. Districts are authorized to use up to 5% of the units for para-professionals or to cash them in for related services. (5) Pre-K-12 intensive special education (intensive). — a. A student shall be counted in the intensive unit if the student is: 1. Enrolled in preschool through grade 12; and 2. Identified as a student eligible for special education; and 3. In need of a moderate level of instructional, behavioral, personal support, or health support characterized individually or in combination by the following: A. Need for adult-student ratio of 1:3 to 1:8 for a substantial portion of educational program; B. Need for staff support for mid-range or moderate-use assistive technology; C. Need for some extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services; D. Need for moderate level of related services, including interpreter, therapy, and school nurse and health services; E. Need for nonroutine or frequent accommodations or adaptations to curriculum or educational environment; and F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation. b. The following provisions shall apply to the pre-K-12 intensive special education (“intensive”) unit: 1. Partial unit funding is provided for between 1 and 6 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. 100% of the units must support the students that generate them. 5. The student is not required to receive a minimum number of hours of special education instruction to count as a student in the intensive unit. 6. The units are considered teacher/instructional units for purposes of other unit counts. 7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. 8. Units may also be used to cash-in for other related services. 9. Districts may use tuition to pay for the local share and excess costs of the program. (6) Pre-K-12 complex special education (complex). — a. A student shall be counted in the complex unit if the student is: 1. Enrolled in preschool through grade 12; and 2. Identified as a student eligible for special education; and 3. In need of a high level of instructional, behavioral, personal, or health support characterized individually or in combination by the following: A. Need for adult-student ratio of 1:1 to 1:2 for a substantial portion of educational program; B. Need for staff support for high-tech or extensive-use assistive technology which may include both high and low technology items; C. Need for extensive extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services; D. Need for extensive level of related services, including interpreter, therapy, and school nurse and health services; E. Need for extraordinary or extensive accommodations or adaptations to curriculum or educational environment; and F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation. b. The following provisions shall apply for the pre-K-12 complex special education (“complex”) unit: 1. Partial unit funding is provided for between 1 and 2.6 students based on the cash-in value of the unit. 2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title. 3. The units include Divisions II and III. 4. One hundred percent of the units must support the students that generate them. 5. The student is not required to receive a minimum number of hours of special education instruction to count in the complex unit. 6. The units are considered teacher/instructional units for purposes of their unit counts. 7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers. 8. Units may also be used to cash-in for other related services. 9. Districts may use tuition to pay for the local share and excess costs of the program. (7) Counting students in preschool, basic, intensive, or complex shall be based on the Individual Education Program (IEP) and according to rules and rubrics described in Department of Education regulations. (8) At the completion of the IEP meeting, the team will discuss and review the needs based funding unit and assure in writing that adequate resources are available to implement the IEP. (9) The Department shall request any financial reports or other information it deems necessary from districts and charter schools to ensure the appropriate use of all units earned. Districts and charters schools shall be required to provide reports and information as requested by the Department. (e) Programs shall be conducted on a 12-month schedule for children who are identified with severe mental disability, trainable mental disability, autism, traumatic brain injury, visual impairments including blindness, deaf-blindness or orthopedic disability, limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Such programs shall not exceed 1282 hours of school attendance and 222 teacher days in length except that in the case of programs for children identified with autism a school district may extend school attendance to 1,426 hours, and in the case of the Division of Visually Impaired teachers, who will work no more than 226 days. Enrollment of pupils beyond 180 days per year in any such program will be on a voluntary basis upon application by the parent, guardian or other person legally responsible for the enrollee. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year. (f) The state share for programs conducted on a 12-month schedule for children identified in subsection (e) of this section shall be calculated based on 100% of complex units and 30% of intensive units earned. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of the number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year. The calculation using the count of complex and intensive units does not establish a categorical right to 12-month programs for students who are counted in those units. The calculation of 100% of complex and 30% of intensive units is used to establish the state share provided in support of 12-month programs as described in subsection (e) of this section. The determination of eligibility for extended school year services is determined by IEP teams in conformity with applicable federal and state laws and regulations independent of 12-month program eligibility of students identified in subsection (e) of this section. (g) An occupational-vocational unit for financing purposes shall mean 27,000 pupil minutes per week; provided, however, units shall be counted on the basis of 1 unit for each 30 students for students enrolled in the New Castle County Vocational-Technical School District, the Kent County Vocational-Technical School District and the Sussex County Vocational-Technical School District. Computation of 27,000 pupil minutes per week shall be in accordance with the rules and regulations established by the Department of Education. (h) Notwithstanding the fact that such pupils have been counted in regular units of pupils, grades 7 to 12, inclusive, in the same or another school district, pupils who are enrolled in a vocational or occupational education program which has been approved annually by the Department of Education and which is conducted by any public school district shall also be counted for entitlement to vocational units. (i) Pupils having been counted in the occupational-vocational units of pupils shall be deducted from the regular unit entitlement of a comprehensive high school according to the following formula: Occupational-vocational units x .5 = deductible units (j) Effective for fiscal year beginning July 1, 2001, each public high school may hire an occupational-vocational teacher for an additional 15 days for participation in program development and oversight of summer vocational-occupational cooperative programs. Commencing in FY 2002, these teachers shall be entitled to payment of the state share of salaries at the rate of 1 / 188 of their entitlement for a full school year multiplied by the number of days employed. (k) In the case of children at the pre-kindergarten ages who are partially deaf or hard of hearing, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training for these children and their parents. The minimum age described in § 3101 of this title shall not be applicable to children served under this section. Units so established shall be based upon statewide needs. Time spent with each child each week may approximate the time devoted to kindergarten programs. ( l ) In the case of children, infant through the end of the school year in which the child with a disability turns 22, or the receipt of a regular high school diploma, whichever occurs first, who are identified with autism, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection. Enrollment of children with disabilities in programs other than those administered in the district of residence may occur with the mutual agreement of the district of residence and the district administering the specialized program. The district which accepts and enrolls the child may count that child for unit count purposes and the enrollee shall not be counted in any other school district. The district where the child is enrolled may count that child for the purposes of related services units or any other administrative unit such as director or principal. (m) In the case of children, infant through the end of the school year in which the child with a disability turns 22 or the receipt of a regular high school diploma, whichever occurs first, who are identified as deaf-blind, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection. (n) (1) The Interagency Resource Management Committee (IRMC) shall have administrative responsibility for establishing a comprehensive and coordinated early childhood system. The IRMC shall be composed of the following members (or their designee with full voting powers): a. The Lieutenant Governor, who shall be the chairperson of the IRMC. b. Secretary of the Department of Health and Social Services. c. Secretary of the Department of Services for Children, Youth and Their Families. d. Secretary of the Department of Education. e. Director of the Office of Management and Budget. f. Controller General. g. The Chair of the Early Childhood Council (ECC). h. One member of House of Representatives, appointed by the Speaker of the House, as a nonvoting member. i. One member of the Senate, appointed by the President Pro Tempore, as a nonvoting member. j. The Chair of the IRMC Extended Learning Opportunities Subcommittee as a nonvoting member. (2) An affirmative vote of a majority of all voting members shall be required to take action. (3) The IRMC shall promote interagency collaboration in the delivery of early childhood services to young children and their families including young children with disabilities. The IRMC will work to support and coordinate the implementation of the recommendations of the State early childhood plan that aligns strategy and resources across state agencies. Additionally, the IRMC will support and coordinate the functions and responsibilities of the ECC. To accomplish these goals, the IRMC shall do the following: a. Advise and make recommendations on the allocation of all funds provided by the State, obtained by it, or under its control, which are designated for children eligible for services under this subsection and Chapter 30, Title 14. b. Coordinate resources, federal and state and public and private, to support family-centered services for eligible children and their families, as appropriate. c. Seek to develop collaborative approaches with the institutions of higher education for children eligible for services under this subsection. Special emphasis shall be placed on the use of existing preschool educator training and child care provider training programs. d. Coordinate planning, policy, program and funding to establish a comprehensive and coordinated early childhood system. (4) The IRMC may, at its discretion, apply for and allocate grant funds. Sources of such grant funds may include, but not be limited, to the federal Childcare Block Grant, Developmental Disabilities Council, federal Child and Maternal Health Grant, federal U.S.C. Title 20, and federal Head Start, where appropriate. (5) The IRMC shall report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include: a. A summary of IRMC experience in attempting to accomplish its purposes as stated above; and b. A recommendation of the IRMC whether and how to institutionalize its activities and functions. (6) The Director of the Office of Management and Budget and the Controller General are hereby authorized to transfer additional funds serving this population among the budgets of the departments represented on the IRMC if there is prior agreement by the Secretary of the department, as the case may be, to which the funds were previously allocated. (7) For the purpose of facilitating the continuation of services, programs receiving an allocation under the provisions of this section may receive 20% of the prior year’s allocation at the outset of each fiscal year. These programs are required to present program proposals to the IRMC as required by the IRMC. Upon IRMC approval, adjustments to the program allocations may be made. (8) The IRMC shall be staffed by Early Childhood Support team in the Department of Education, assisted by the Office of the Lieutenant Governor, and shall include at least 2 education specialists and a clerical support position. Funding shall be provided by the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families by no later than July of each fiscal year to support the operational costs associated with 1 education specialist and clerical support positions. Funds allocated in this section are to be used to support the work of the Early Childhood Support team and to continue the interagency coordination process for Delaware’s early childhood programs. (9) The IRMC may create working groups in accordance with the recommendation of the members. (o) Funds appropriated for the purpose of funding the units of pupils under subsections (d), (e), (f) and (k) of this section shall not be expended for any other purpose. 47 Del. Laws, c. 364, §  2E ; 14 Del. C. 1953, §  1703; 49 Del. Laws, c. 105, §  1 ; 51 Del. Laws, c. 287, §  4 ; 54 Del. Laws, c. 40, §  1 ; 55 Del. Laws, c. 188 ; 55 Del. Laws, c. 198, §  1 ; 56 Del. Laws, c. 280 ; 56 Del. Laws, c. 404, §  1 ; 57 Del. Laws, c. 237, §§  1, 3 ; 57 Del. Laws, c. 348, §  1 ; 57 Del. Laws, c. 480, §  1 ; 57 Del. Laws, c. 590 ; 58 Del. Laws, c. 190 ; 58 Del. Laws, c. 228 ; 58 Del. Laws, c. 302 ; 58 Del. Laws, c. 569, §§  1, 2 ; 59 Del. Laws, c. 219, §  1 ; 59 Del. Laws, c. 220, §  1 ; 59 Del. Laws, c. 331, §§  1, 2 ; 60 Del. Laws, c. 571, §§  1, 2 ; 60 Del. Laws, c. 577, §  1 ; 60 Del. Laws, c. 652, §§  1-3 ; 61 Del. Laws, c. 190, §  2 ; 61 Del. Laws, c. 215, §  1 ; 61 Del. Laws, c. 516, §§  1-3 ; 62 Del. Laws, c. 160, §  1 ; 63 Del. Laws, c. 80, §  116 ; 63 Del. Laws, c. 177, §§  2, 4 ; 63 Del. Laws, c. 231, §§  1, 2 ; 63 Del. Laws, c. 278, §  1 ; 64 Del. Laws, c. 315, §  4 ; 64 Del. Laws, c. 464, §  1 ; 65 Del. Laws, c. 381, §  1 ; 67 Del. Laws, c. 47, §  265 ; 68 Del. Laws, c. 84, §  216 ; 68 Del. Laws, c. 126, §  8 ; 69 Del. Laws, c. 320, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 180, §§  96-102 ; 71 Del. Laws, c. 354, §§  394, 395 ; 71 Del. Laws, c. 482, §§  1, 2 ; 72 Del. Laws, c. 6, §  5 ; 72 Del. Laws, c. 294, §§  41, 43 ; 72 Del. Laws, c. 395, §  365 ; 73 Del. Laws, c. 74, §  357 ; 73 Del. Laws, c. 312, §  261 ; 73 Del. Laws, c. 321, §  8 ; 74 Del. Laws, c. 68, §  272 ; 74 Del. Laws, c. 187, §§  2, 3 ; 74 Del. Laws, c. 307, §  308(e) ; 75 Del. Laws, c. 88, §  21(7) ; 75 Del. Laws, c. 89, §  345 ; 75 Del. Laws, c. 155, §§  6, 7 ; 77 Del. Laws, c. 363, §  1 ; 78 Del. Laws, c. 5, §§  37-50, 55 ; 78 Del. Laws, c. 7, §  3 ; 79 Del. Laws, c. 201, §  1 ; 82 Del. Laws, c. 162, § 1 ; 83 Del. Laws, c. 89, §§ 1, 2 ; 83 Del. Laws, c. 89, §§ 3, 3 ; 83 Del. Laws, c. 357, § 2 ; 84 Del. Laws, c. 48, § 1 ; 84 Del. Laws, c. 140, § 1 ; 85 Del. Laws, c. 70, § 1 ; 85 Del. Laws, c. 548, § 7 ; § 1703A Extended Learning Opportunities Subcommittee. (a) The IRMC Extended Learning Opportunities Subcommittee is established to oversee coordination, research, and planning statewide for before and after school and summer learning programs for school-age children and advise the General Assembly and the Governor. (b) The duties of the IRMC Subcommittee are as follows: (1) Research national and local trends and best practices in extended learning programs and services and recommend new public policy that aligns with that research. (2) Develop program standards and suggest funding protocols. (3) Establish standards for program performance and evaluation. (4) Make regular recommendations regarding coordination of services among different stakeholders, especially with organizations and programs providing early childhood services. (5) Submit a yearly summary of its recommendations to the IRMC to include in its annual report under § 1703(n)(5)b of this title. (c) The Subcommittee shall be composed of 19 members: (1) The following members shall serve by virtue of their position and may designate a person to serve in their stead and at their pleasure: a. The Secretary of the Department of Education, or the Secretary’s designee. b. The Secretary of the Department of Children, Youth and Their Families, or the Secretary’s designee. c. The Secretary of the Department of Health and Social Services, or the Secretary’s designee. (2) The Delaware After School Network Director, appointed by the Governor. (3) A representative of a nonprofit afterschool program provider, appointed by the Governor. (4) A representative of a private afterschool program provider, appointed by the Governor. (5) A representative of a summer program provider, appointed by the Governor. (6) A school district superintendent, appointed by the Governor. (7) A representative for elementary school teachers, appointed by the President of the Delaware State Education Association. (8) A representative for secondary school teachers, appointed by the President of the Delaware State Education Association. (9) Four members of the public, who shall be appointed by the Governor. (10) A representative of the Charter School community, appointed by the Delaware Charter School Network. (11) A representative of the Governor’s Advisory Council on Exceptional Children, appointed by the Chair of the GACEC. (12) A licensed provider that services children who are not yet kindergarten age or school age, appointed by the Governor. (13) Two principals — 1 elementary and 1 secondary — appointed by the Delaware Association of School Administrators. (d) Terms of appointed members; chairperson. — (1) Each appointed member shall be appointed to serve a term of up to 2 years. Members shall be appointed for staggered terms, so that no more than half of the appointed members’ terms expire in any 1 calendar year. Appointed members are eligible for reappointment. (2) From the members, set forth in paragraphs (c)(2) through (13) of this section, there shall be a chairperson of the subcommittee who shall be appointed by the Governor and shall serve at the pleasure of the Governor. The chairperson shall guide the administration of the subcommittee by supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the subcommittee. (e) The subcommittee shall issue an annual report to the Governor, General Assembly, and the public on the work of the subcommittee and the status of extended learning opportunities for school-aged children in the State. (f) The Department of Education will provide administrative and staff support for the subcommittee as part of its responsibility to staff the IRMC. (g) The IRMC Expanded Learning Opportunities Subcommittee shall follow all rules of §  10002(k) of Title 29 relating to public meetings. (h) The subcommittee shall hold its initial organizational meeting by October 21, 2019, with the date, time, and place for the meeting to be set by the chairperson of the subcommittee. (i) The subcommittee shall meet at least monthly. 82 Del. Laws, c. 162, § 1 ; 83 Del. Laws, c. 65, § 1 ; 84 Del. Laws, c. 527, § 1 ; § 1703B Child-care affordability initiatives. (a) The Interagency Resource Management Committee (IRMC) shall coordinate planning, program development, and funding related to child-care affordability initiatives, including voluntary cost-sharing partnerships between this State, employers, community sponsors, and families, intended to expand access to licensed child care and support workforce participation. (b) The IRMC shall establish guidelines, eligibility criteria, enrollment procedures, and payment methodologies for child-care cost-sharing initiatives with the goal of minimizing the administrative burden of participation for families and child-care providers. (c) The IRMC may contract for administration, outreach, eligibility verification, payment processing, technical assistance, or other program functions necessary to implement child-care affordability initiatives. (d) The IRMC may use funds appropriated by this State for this purpose, as well as federal, philanthropic, or other available funds for the implementation of child-care affordability initiatives. 85 Del. Laws, c. 479, § 1 ; § 1704 Number of units in a school district; method of calculation; actual unit count; optional unit count. The number of units to be used in determining state financial support in each school district shall be calculated by the Department of Education each year in accordance with the procedures specified in this section. (1) The number of units shall be calculated based upon the total enrollment of pupils in each school district as of the last school day of September. The total number of units by school district so determined shall be known as the “actual unit count.” The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title. (2) Each calendar year, the State shall estimate the actual unit count for each school district that will be produced in September of the same calendar year. This estimate of the September unit count shall be completed no later than April 15 of each calendar year. The total number of units by school district so determined shall be known as the “estimated unit count.” (3) With respect to state financial support described in this title that is based upon the actual unit count, Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding for each school district based upon the actual unit count derived in any calendar year shall not be less than 98% of the Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding that would have been generated by use of that calendar year’s estimated unit count. (4) Each local school board shall allocate Division I units to schools in its district such that as of the last school day of October each school receives not less than 98% of the Division I units it generates as a result of the actual unit count. A local school board may waive this subsection after voting to waive it at a public meeting noticed for that purpose. Any local school board seeking such a waiver shall do so on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative, and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the local school board. Notice of any approved waiver shall be sent to the same persons. 47 Del. Laws, c. 364, §  2E ; 48 Del. Laws, c. 250, §  1 ; 14 Del. C. 1953, §  1704; 49 Del. Laws, c. 151 ; 56 Del. Laws, c. 310 ; 63 Del. Laws, c. 120, §§  1, 3 ; 65 Del. Laws, c. 348, §  274 ; 69 Del. Laws, c. 212, §  1 ; 71 Del. Laws, c. 180, §  103 ; 71 Del. Laws, c. 483, §  1 ; 76 Del. Laws, c. 280, §  355 ; 78 Del. Laws, c. 7, §§  2, 3 ; 79 Del. Laws, c. 201, §  1 ; 83 Del. Laws, c. 54, § 372 ; 83 Del. Laws, c. 57, § 25 ; § 1705 Determination of amount of appropriation. (a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with all applicable state-supported salary schedules. No state funds from Division I shall be appropriated to any school district to provide salaries for more teachers than shall actually be employed in such school district. (b) Any school district may employ additional teachers out of state funds appropriated in Division II or Division III as provided in § 1304 of this title. 47 Del. Laws, c. 364, §  2A ; 14 Del. C. 1953, §  1705; 56 Del. Laws, c. 292, §  21 ; 72 Del. Laws, c. 294, §  46 ; 77 Del. Laws, c. 197, §  4 ; § 1705A Maximum student-instructor ratio requirements. (a) The ratio of students to instructors in any class in kindergarten or grades 1-3 in a Delaware public school shall not exceed 22 students as of the last school day of October. In calculating such ratio, a classroom instructional aide shall count as equal to half a teacher. This subsection shall only apply to a class within which students are instructed in the core academic subjects of English/Language Arts, mathematics, science and social studies. (b) The Department of Education shall provide technical assistance to any school district seeking assistance in allocating its Division I, Division III, Comprehensive Discipline Program, and local operating funding in such a manner as to accomplish class sizes equal to or lower than those required by this section. (c) A local school board may waive subsection (a) of this section after voting to waive such subsection at a public meeting noticed for that purpose. Any local school board vote on such a waiver shall occur on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the school board. Notice of any approved waiver shall be sent to the same persons. (d) The State Auditor shall, in cooperation with the Department of Education, monitor compliance with this section in the audits of the boards of education of the schools district conducted pursuant to § 1504 of this title. 71 Del. Laws, c. 482, §  4 ; 77 Del. Laws, c. 84, §  403 ; § 1705B Required reporting regarding maximum student-instructor ratio. (a) The Department of Education shall collect and report data, on an annual basis, in a uniform manner regarding compliance with the student-instructor ratio set forth in § 1705A(a) of this title by local school districts and charter schools. This data shall include waivers required by the school districts and charter schools, and the disposition thereof. (b) Local school districts and charter schools shall report the above-referenced compliance data using individual classrooms and schools as the basic units of information. (c) The above-referenced compliance data shall be reported by December 31 of each calendar year to ensure that such data is available to be considered in the event of a proposed waiver of the maximum class size provisions required under § 1705A(a) of this title. (d) The compliance data shall be published on the website of the Department of Education as well as that of each school district and each charter school. 76 Del. Laws, c. 362, §  1 ; § 1706 Determination of amount of Division II appropriation. The funds appropriated to each school district for expenses included in Division II shall be determined by providing a sum, which shall be uniform for all school districts throughout the State, for each unit of pupils in such school district provided that the sum allocated during the school year for new and additional units in a school district in which the additional units have no facilities and in which the additional units give a total number of units in excess of the maximum present at any time during the past 5 years may exceed the uniform amount appropriated for expenses included in Division II; such moneys shall be used for the purchase of textbooks, furniture and other classroom equipment. The first paragraph of this section notwithstanding, the funds appropriated to each district for expenses included in Division II based upon each occupational-vocational unit as defined in § 1703 of this title shall be either 1, 2 or 3 times the amount determined for each non-occupational-vocational unit as designated according to rules and regulations of the Department of Education. At least 90% of the occupational-vocational unit Division II funds, with the exception of Division II-Energy funds, shall be allocated to each school that generates these funds and expended to support the State-approved occupational-vocational courses and programs at that school. Each school district shall establish line item accounts for occupational-vocational Division II funds. These funds are in addition to the regularly generated units and all other financial resources normally allocated to each school. Random audits shall be scheduled and conducted by the State Auditor. The Secretary of Education shall request an annual report from the State Auditor evidencing an audit schedule of 10% of the affected schools. The second paragraph of this section notwithstanding, local school districts may request a waiver of the 90% requirement subject to the approval of the Executive Director of the Delaware Advisory Council on Career and Vocational Education, the Secretary of Education, and the Controller General. Such waiver requests must be submitted to the Secretary of Education by November 15 of each year. The Secretary of Education shall notify the local school districts as to the disposition of the waiver request no later than January 3 of the following year. 47 Del. Laws, c. 364, §  3B ; 14 Del. C. 1953, §  1706; 49 Del. Laws, c. 406 ; 54 Del. Laws, c. 40, §  2 ; 57 Del. Laws, c. 348, §  2 ; 71 Del. Laws, c. 180, §  104 ; 72 Del. Laws, c. 393, §  1 ; 73 Del. Laws, c. 74, §  342 ; § 1707 Division III equalization funding. (a) Any school district which provides funds from local taxation for current operating expenses in excess of basic state appropriations, under Divisions I and II of this chapter, shall be eligible for state funds on a matching basis in accordance with this section. (b) In the application of the formula, the following definitions shall apply: (1) “Ability index” means the school district ability divided by the state average ability. In the case of a school district created under the provisions of § 1028(k) of this title, 2 ability indices shall be computed. “Tax district ability index” shall be computed by dividing the tax district ability by the state average ability. “Individual district ability index” shall be computed by dividing the individual district ability by the state average ability. (2) “Authorized amount” means $29,650 for fiscal year 2006 and as established in the annual State Budget Appropriation Act thereafter. (3) “Effort index” means the school district effort divided by the state average effort. The effort index for any school district shall not be greater than 1.00. In the case of a school district created under the provisions of § 1028(k) of this title, 2 effort indices shall be computed. “Tax district effort index” shall be computed by dividing the tax district effort by the state average effort. “Individual district effort index” shall be computed by dividing the individual district effort by the state average effort. (4) “Local district effort index” applies only to school districts created under the provisions of § 1028(k) of this title and means the lesser of 1 minus the tax district effort index or the individual district effort index, but shall be a number at least equal to zero. (5) “School district ability” means the total full valuation of all taxable real property within the school district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, divided by the number of units of pupils, excluding those units in special schools administered by a school district which are supported by a tuition tax, in the public schools of the school district as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a vocational-technical school district, the school district ability shall be determined by dividing the total full valuation of all taxable real property located within the vocational-technical school district by the total number of units in the public schools located in the vocational-technical school district’s attendance area, excluding those units assigned to special schools as defined herein and those units assigned to the vocational-technical school district, as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a school district created under the provisions of § 1028(k) of this title, 2 school district abilities shall be computed. “Tax district ability” shall be computed by dividing the total full valuation of all taxable real property located in the school tax district in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, by the number of units of pupils, excluding those units in special schools administered by all school districts in the school tax district, in the public schools of the school tax district as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district ability” shall be computed as specified in the first sentence of this paragraph. (6) “School district current expense revenue” means the product of the school district’s current operating expense real estate tax rate times the total assessed valuation as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, plus the product of the school district’s capitation tax for current operating expense, times the number of capitations as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a school district created under the provisions of § 1028(k) of this title, 2 values for current expense revenues shall be computed “Tax district current expense revenue” shall be computed by multiplying the current operating expense real estate tax rate for the school tax district by the total assessed valuation of the school tax district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district current expense revenue” shall be computed as specified in the first sentence of this paragraph. (7) “School district effort” means the school district’s current expense revenue divided by the school district’s total full valuation as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a county vocational-technical school district, the school district effort means the school district’s current expense revenue divided by the total number of units of pupils in the district in the year immediately preceding the fiscal year for which Division III funds are appropriated divided by the school district ability. In the case of a school district created under the provisions of § 1028(k) of this title, 2 values of school district effort shall be computed. “Tax district effort” shall be computed by dividing tax district current expense revenue by the total full valuation of taxable property in the school tax district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district effort” shall be computed by dividing individual district current expense revenue by the total full valuation of the school district as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. (8) “State average ability” means the total full valuation of all taxable real property in the State as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated divided by the total number of units of pupils in the public schools of the State, excluding those units assigned to vocational-technical school districts and those assigned to special schools as defined in paragraph (b)(5) of this section, as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. (9) “State average effort” means the authorized amount times 68.1% divided by the State average ability. (10) “Total assessed valuation” means the official total assessed value of taxable real property appearing on the assessment rolls of appropriate county governing body or bodies as the case may be. (11) “Total full valuation” means the total assessed valuation of taxable property divided by the average of the 3 most current assessment to sales price ratios. The Office of Management and Budget shall conduct, in accordance with nationally accepted standards and practices, an assessment to sales price study, by school district, on an annual basis in order to establish the most current ratios and such studies shall be open to public review. Each county is required to make available to the Office of Management and Budget, at the cost of reproduction only, machine-readable copies of its assessment and sales transactions files. In the event a county completes a general reassessment during the period between studies, the county’s assessment to sales price ratio shall be equal to its rate of assessment, until a subsequent assessment to sales price study is completed. (12) “Units of pupils” means the total number of Division I units as specified in § 1703 of this title. (c) The formula for determining the sums to be allocated in Division III, to school districts other than those created under the provisions of § 1028(k) of this title, shall be as provided in this subsection. The State share per unit is equal to the authorized amount times the effort index times the quantity of 1 minus .75 times the ability index; provided, that in no case shall the State share be less than the equivalent of 5% of the authorized amount times the effort index. The State share per unit in any fiscal year shall not be less than 95% or more than 105% of the State share per unit in the preceding fiscal year, except as provided in subsection (e) of this section. In fiscal years 2004 through and including fiscal year 2010, the State share per unit for those districts who are entitled to the formula minimum of 5% of the authorized amount times the effort index shall be 80% of the State share per unit in the preceding fiscal year. (d) The formula for determining the sums to be allocated in Division III, to school districts created under the provisions of § 1028(k) of this title, shall be provided in this subsection. The State share per unit is equal to the sum of the 2 amounts defined as follows. The “tax district share” is equal to the authorized amount times the tax district effort index times the quantity of 1 minus .75 times the tax district ability index; provided, that in no case shall the tax district share be less than the equivalent of 5% of the authorized amount times the tax district effort index. The “individual district share” is equal to the authorized amount times the local district effort index times the quantity of 1 minus .75 times the individual district ability index; provided, that in no case shall the individual district share be less than the equivalent of 5% of the authorized amount times the individual district ability index. The State share per unit, the sum of the tax district share and the individual district share, in any fiscal year shall not be less than 95% or more than 105% of the State share per unit in the preceding fiscal year, except as provided in subsection (e) of this section. (e) In the case of a school district with an effort index less than 1.00, or a district created under § 1028(k) of this title where the sum of the tax district effort index and the individual district effort index is less than 1.00, that passes a current expense tax referendum to increase taxes in the fiscal year preceding the fiscal year for which Division III funds are appropriated, the State share per unit shall be determined as provided in this subsection. The State share per unit shall first be computed in accordance with the provisions of subsection (c) or subsection (d) of this section, whichever calculation is appropriate for a particular school district, excluding the 105% provision. The State share per unit shall then be calculated a second time using the appropriate formula from subsection (c) or subsection (d) except that the current expense tax rate or rates for real estate and capitation for the current fiscal year shall replace the rates for the immediately preceding fiscal year throughout the calculation. The 105% maximum provision shall also be excluded in this second calculation. The State share per unit shall be equal to the amount computed in the second calculation; provided, that in no case shall the State share per unit be greater than the State share per unit under the second calculation minus the State share per unit under the first calculation plus 105% of the State share per unit in the preceding fiscal year. (f) The 95% provision contained in subsection (c) and subsection (d) assumes that a school district does not reduce its current expense revenue by reducing current expense tax rates on real estate or capitations. In the event that a school district does reduce its current expense tax rate or rates, the 95% minimum shall not apply and the school district shall qualify for a State share per unit based upon the formula in subsection (c) or subsection (d) only. (g) Total State equalization shall be computed by multiplying the State share per unit times the number of units of pupils enrolled in the school district, the vocational school district, or the special school in the fiscal year for which the Division III funds are appropriated. (h) Division III funds shall be utilized to supplement funds appropriated under Division I, including legal expenses associated with collective bargaining, and Division II for the purpose of advancing education beyond the level authorized through the basic appropriations in Divisions I and II or through any other state or federal appropriation. (i) A committee, composed of not less than 10 or more than 15 members, shall be appointed by the Secretary of the Department of Education to annually review and make recommendations on the equalization formula. The committee shall also be empowered to analyze other issues and concerns related to equalization that impact the State’s ability to achieve the basic purpose of equalization for Delaware’s school districts. The committee shall include at least the following: a representative of the State Board of Education; a representative from the Governor’s Office designated by the Governor; at least 1 member each from the House of Representatives and the State Senate designated by the Speaker of the House and the President Pro Tempore of the Senate, respectively; the Secretary of Finance or the Secretary’s designee; the Director of the Office of Management and Budget or the Director’s designee; the Controller General or the Controller General’s designee; a representative of the State Education Association designated by that organization; and at least 3 representatives of the local school districts, 1 from each county. 47 Del. Laws, c. 364, §§  2C, 2D ; 14 Del. C. 1953, §  1707; 49 Del. Laws, c. 286 ; 56 Del. Laws, c. 292, §  22 ; 57 Del. Laws, c. 114, §§  1, 2 ; 59 Del. Laws, c. 465, §  1 ; 59 Del. Laws, c. 553, §  1 ; 63 Del. Laws, c. 438, §  1 ; 64 Del. Laws, c. 314, §  1 ; 66 Del. Laws, c. 85, §  255 ; 67 Del. Laws, c. 26, §  1 ; 67 Del. Laws, c. 393, §  1 ; 69 Del. Laws, c. 64, §§  286-289 ; 70 Del. Laws, c. 118, §§  271-275 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 425, §§  297, 298 ; 70 Del. Laws, c. 473, §  97 ; 71 Del. Laws, c. 132, §§  313-316 ; 71 Del. Laws, c. 180, §  105 ; 71 Del. Laws, c. 354, §§  332-335 ; 72 Del. Laws, c. 94, §  332 ; 72 Del. Laws, c. 395, §§  389-391 ; 74 Del. Laws, c. 68, §§  296-300 ; 74 Del. Laws, c. 307, §§  333, 334 ; 75 Del. Laws, c. 88, §  21(7) ; 75 Del. Laws, c. 89, §§  371-375 ; 75 Del. Laws, c. 350, §§  379, 380 ; 76 Del. Laws, c. 80, §§  364-366 ; 76 Del. Laws, c. 280, §  361 ; 77 Del. Laws, c. 84, §  348 ; 78 Del. Laws, c. 5, §  56 ; § 1708 Form of appropriation. (a) Appropriations to the Department of Education on behalf of the school districts shall be in an aggregate form and shall be allocated to the districts in accordance with this title and the provisions of the annual Appropriations Act. (b) In the event that any employee or officer receives a salary from more than 1 of the agencies receiving appropriations acco