CHAPTER 45

APPROPRIATION

AN ACT MAKING APPROPRIATIONS FOR THE SCHOOL BUDGET FOR THE SCHOOL YEARS BEGINNING RESPECTIVELY JULY 1, 1939, AND JULY 1, 1940, AND ENDING RESPECTIVELY JUNE 30, 1940, AND JUNE 30, 1941.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met;

Section 1. That there is hereby appropriated the sum of Three Million Five Hundred Twenty-nine Thousand Dollars ($3,529,000.00) for the School Budget hereinafter described for the school year beginning July 1, 1939, and ending June 30, 1940, and there is hereby further appropriated the sum of Three Million Five Hundred Twenty-nine Thousand Dollars ($3,529,000.00) for the said School Budget for the school year beginning July 1, 1940, and ending June 30, 1941, and the amount hereby appropriated for each of the said years shall be paid by the State Treasurer for school purposes from any sources so designated by law.

Section 2. The State Treasurer is hereby directed to pay the amounts appropriated in this Act on warrants of the State Board of Education as provided by statute, with the following further restrictions upon the expenditure of the same:

"GENERAL CONTROL" not more than five per centum, provided that the State Board of Education in making its distribution of this item may reserve not more than two percentum of the total budget for the functions of the State Board, its offices, officers and employees;

"INSTRUCTIONAL SERVICE" not less than seventy per centum;

"OPERATION" not more than eleven and one-half per centum;

"MAINTENANCE" not more than five per centum;

"AUXILIARY AND CO-ORDINATE ACTIVITIES" hot more than eleven per centum; provided that the State Board in making the distribution of this item is authorized to reserve first, not more than eight and six-tenths per centum of the total budget for transportation of pupils and second, not more than one-half per centum of the total budget for the 'following activities: Oratorical and Declamation Association, Adult Education, a teacher in Sunnyside Preventorium and a teacher in Brandywine Sanitorium.

"FIXED CHARGES" not more than one and five-tenths per centum;

"CAPITAL OUTLAY" not more than two per centum; "DEBT SERVICE" no part of the total;

"FOR MATCHING THE APPROPRIATION OF THE FEDERAL GOVERNMENT FOR VOCATIONAL EDUCATION" not less than Thirty-five Thousand Dollars ($35,000.00).

Section 3. The term "GENERAL CONTROL" as used in Section 2 shall include the following expenditures:

(a) Salaries and expenses of the members of the State Board of Education and the expense of the business office.

(b) Salaries of Superintendents and their traveling expenses and the administrative part of the salaries of Superintendents of Special Districts.

(c) Compulsory attendance and school census.

The term "INSTRUCTIONAL SERVICE" as used in Section 2 shall include the following expenditures:

(a) The Supervisional part of salaries of Superintendents and Supervisors and their expenses.

(b) Salaries of Principals and Teachers.

(c) Textbooks and Professional Books for Teachers.

(d) Supplies and other materials of instruction.

(e) Tuition paid to other boards.

(f) Other instructional costs, including school libraries.

The term "OPERATION" as used in Section 2 shall include all expenditures for janitors and engineers, fuel, water, light and power, care of grounds, rent, supplies, and other operating expenses.

The term "MAINTENANCE" as used in Section 2 shall include all expenditures for the upkeep of grounds, repair of buildings, repair and replacement of equipment, repair and replacement of apparatus, and other maintenance.

The term "AUXILIARY AND CO-ORDINATE ACTIVITIES" as used in Section 2 shall include all expenditures for Transportation of Pupils, Vocational Teacher-Training, Americanization, Adult Education, Promotion of Health, salaries of teachers at Sunnyside Preventorium and Brandywine Sanitorium, expenses of teachers' and trustees' meetings, and other auxiliary activities.

The term "FIXED CHARGES" as used in Section 2 shall include all expenditures for Insurance and Premiums paid for workingmen's compensation insurance.

The term "CAPITAL OUTLAY" as used in Section 2 shall include all expenditures for grounds, new buildings and alterations (other than repairs), new equipment and apparatus.

Section 4. Each year after the sums for the State-wide activities hereinbefore mentioned have been deducted from the total amount set forth in Section 1, the remainder shall be divided among the following divisions, to wit: The State Board, the Board of Public Education in Wilmington, and the Boards of Education of the Special School Districts of the State, according to their respective enrollments, the amounts for each to be calculated as follows:

1st. Multiply Eighty-one Dollars ($81.00) by the net enrollment in grades ten, eleven, and twelve during the previous school year.

2nd. Multiply Seventy-four Dollars and Twenty-five Cents ($74.25) by the net enrollment in grades seven, eight, and nine during the previous school year.

3rd. Multiply One Hundred Dollars ($100.00) by the net enrollment in special classes for retarded children, provided the said special classes and their teachers meet with the standards and qualifications set up by the rules and regulations of the State Board of Education in this behalf.

4th. The remainder shall be divided among the said divisions in the proportion which the net enrollment in grades one to six, inclusive, during the previous school year in each of these divisions bears to the total net enrollment in said grades during the said school year in all of the said divisions, but excluding the net enrollment in special classes for retarded children as provided in the preceding paragraph.

Net enrollment of pupils shall be calculated on the basis of the following conditions:

(a) To be counted enrolled a pupil must attend twenty or more school days in a public school in Delaware.

() In case a pupil transfers from one school to another in Delaware: (1) he shall be counted as enrolled in the school in which he attends the largest number of days; (2) if he attends the same number of days in each of two or more schools he shall be counted as enrolled in the school which he last attended.

(a) In case of a continuation school where pupils are required to attend fewer than five days a week the enrollment in such a school shall be multiplied by one-fifth times the number of days the pupil is required to attend school per week.

Section 5'. In addition to the sums hereinbefore appropriated by this Act there is hereby further appropriated for the school year beginning July 1, 1939, and ending June 30, 1940, the sum of Two-Hundred Eighty-six Thousand Dollars ($286,000.00) and for the school year beginning July 1, 1940, and ending June 30, 1941, the further sum of Two Hundred Eighty-six Thousand Dollars ($286,000.00). The said sums shall be allotted by the State Board of Education to the State Board, the Board of Public Education in Wilmington, and the various Special School Districts of the State, and by them used for the purpose of restoring the total of the salary reductions which were required by Section 5 of Chapter 141, Volume 38, Laws of Delaware. Provided that in distributing this appropriation the State Board of Education shall each year allot to each unit exactly the same amount as that unit received during the year 4938-39 by reason of Section 6 of Chapter 285, Volume 41, Laws of Delaware. The said sums shall be paid by the State Treasurer out' of the school funds.

Section 6. In addition to the amounts appropriated hi Sections 1 and 5, respectively, there is hereby appropriated the further sum of Twenty-five Thousand Dollars ($25,000.00) for the school year beginning July 1, 1939, and the further sum of Twenty-five Thousand Dollars ($25,000.00) for the school year beginning July 1, 1940. The said sums shall be used for the painting and repair of school buildings and shall be allotted for this purpose by the State Board. of Education to the State Board, Board of Public Education in Wilmington, and the various Special School Districts of the State in proportion to their respective needs as determined by the State Board of Education. The said sums shall be paid by the State Treasurer out of the School Funds.

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Section 7. In addition to the amounts appropriated in Sections 1, 5, and 6, respectively, of this Act there is hereby further appropriated the sum of Ten Thousand Dollars ($10,000.00) for the school year beginning July 1, 1939, and the further sum of Ten Thousand Dollars ($10,000.00) for the school year beginning July 1, 1940. The said sums shall be allotted by the 'State Board of Education to the -State Board, Board of Public Education in Wilmington, and the various Special School Districts of the State, and

shall be used for the Purpose of increasing the salaries of regular, full-time employees who would receive no benefits or who would benefit to the extent of less than Fifty Dollars ($50.00) a year under the provisions of Section 5 of this Act. Provided, that in distributing this appropriation the State Board of Education shall each year allot to each unit exactly the same amount as that unit received during the year 1938-39 by reason of Section 9 of Chapter 285, Volume 41, Laws of Delaware. The said sums shall be paid by the State Treasurer out of the School Funds.

Section 8. After the first of June of any year the State Board of Education is authorized to transfer any amount that will not be needed by one of the aforesaid Boards of Education from the credit of such Board to that of another which may show a deficiency, provided, that the expenditure of any sum or sums so transferred shall be subject to the percentage limitations in Section 2 of this Act.

Approved April 28, 1939.