CHAPTER 134

AN ACT TO AMEND TITLE 14, DELAWARE CODE, ENTITLED "EDUCATION" BY ENACTING A NEW CHAPTER PROVIDING FOR TUITION CHARGES FOR PUPILS ATTENDING SCHOOLS OUTSIDE THEIR RESIDENT DISTRICT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 14, Delaware Code, is amended by adding a new chapter to read as follows:

CHAPTER 6. TUITION CHARGES

§ 601. Definitions

For the purpose of this chapter the following terms shall have the following meanings:

(a) "Receiving District" shall mean any school district which enrolls in its schools any pupil who is not a resident of such "Receiving District".

(b) "Sending District" shall mean any school district which sends to the schools of a "Receiving District" any pupil who is not a resident of such "Receiving District".

(c) "Residence". A pupil shall be considered a resident of the school district in which his parent or the legal guardian of his person resides.

§ 602. Method of computation and payment of tuition charges for non-resident pupils

(a) No pupil shall be transferred from one school district to another school district without the written approval of the Board of Education or Board of School Trustees of both the sending and receiving districts. The Board of Education or Board of School Trustees of any sending district shall not approve the transfer of any pupil to any receiving district when such sending district provides instruction at the grade level for which application for transfer is made. A school district receiving any pupil who is a resident of another school district shall collect a tuition charge for the non-resident pupil. Such tuition charge shall be paid by the Board of Education or Board of School Trustees of the school district in which the pupil is a resident from the proceeds of a local tax which shall be levied for this specific purpose.

(b) In determining the tuition to be charged, the receiving district shall compute the tuition by adding such receiving district's share of (1) the costs of education for current expenditures; (2) the payments on any bonds and interest thereon; and (3) any other educational purpose for which local taxes were used the previous school year, provided however that the total school tax rate of the sending district shall in no case exceed the total school tax rate of the receiving district. The costs shall include only the costs for the regular school term for grades 1 through 12. The sum so obtained shall be divided by the total number of pupils in grades 1 through 12 attending all public schools in the receiving district as of September 30 of the current school year. The resulting figure shall represent the amount of the "tuition charge" per pupil.

(c) The bill for tuition charges shall be verified by the State Superintendent of Public Instruction within 20 days after receipt of such bill. No bill for tuition charges shall be paid until such time as it has been certified by the State Superintendent as being true and correct.

(d) For each pupil attending a public school of another district, the receiving district shall bill the sending district, and the sending district shall pay the tuition charge per pupil on or before April 1 of the year following the year in which the bill is submitted to the sending district for payment. In the case of pupils attending the public schools of the receiving district for less than a full term, the tuition charge shall be prorated by reference to the period of time during which such pupils actually attended the receiving district's schools, provided that attendance for part of any month shall be counted as a full month of attendance.

(e) Any school district sending pupils to the schools of another district shall levy and collect a tax to pay any tuition charges to the receiving district, and such tuition shall be collected by local taxation within the sending district according to the provisions of taxation as set forth in Chapter 19 of this title, except that no referendum shall be required.

§ 603. Exceptions and claims

(a) The provisions of this chapter shall not apply (1) to handicapped children as defined in Chapter 31 of this title; (2) when the payment or acceptance of such tuition charge is contrary to any educational program involving the use of federal matching funds which prohibits the payment or acceptance of such tuition.

(b) Any school district which has an existing agreement with another school district for the exchange of pupils between the districts concerned, provided such agreement has been in force and effect for at least one school year, shall not be required to collect a tuition charge until July 1, 1961, at which time pay-meat and collection of any tuition charge shall be mandatory.

(c) The provisions of this act shall become effective July 1, 1959.

Approved July 9, 1959.