CHAPTER 312

AN ACT TO AMEND TITLE 14, DELAWARE CODE, ENTITLED "EDUCATION", RELATING TO THE SALE OF PROPERTY BY SCHOOL DISTRICTS AND DISPOSITION OF THE PROCEEDS THEREFROM.

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

Section 1. Section 125, Title 14, Delaware Code, is hereby repealed and the following is inserted in lieu thereof:

§ 125. Sale of property by Board; disposition of proceeds

When any property, real or personal, of any school district other than that of a special school district, or any property, real or personal, which is under the control of the Board or the title of which has in any way passed to or is in the name of the Board, is no longer needed for school purposes, the Board may sell such property upon securing written permission from the State Board of Education and convey to the purchaser thereof a good and sufficient title thereto.

The proceeds of such sale or sales shall be deposited to the account of the school district and be used by the school board for school purposes if there has been no financial participation by the State in the cost of acquiring the area of land and when no buildings have been erected thereon.

If there has been financial participation by the State in the cost of acquiring the land and there are no buildings erected on the area sold, the proceeds of the sale or sales shall be returned to the State in the same proportion to the State's share of the cost of acquiring the area of land sold, and the balance shall be deposited to the account of the school district to be used by the school board for school purposes.

The proceeds of sale or sales of school buildings shall be deposited to the account of the school district and be used by the school board for school purposes if there has been no financial participation by the State in the cost of construction of buildings and any additions or alterations thereto.

If there has been financial participation by the State in the construction of buildings or additions or alterations thereto, the proceeds of the sale or sales of school buildings shall be returned to the State in the same proportion to the State's share of the original cost of construction of said buildings or any additions or alterations thereto, and the balance shall be deposited to the account of the school district to be used by the school board for school purposes.

Proceeds of the sale or sales of any personal property shall be deposited to the account of the school district and be used by the school board for school purposes if there has been no financial participation by the State in its purchase; otherwise, the proceeds of the sale or sales shall be returned to the State in the same proportion to the State's share of the original cost of said personal property, and the balance shall be deposited to the account of the school district to be used by the school board for school purposes.

Section 2. Section 943, Title 14, Delaware Code, is hereby repealed and the following is inserted in lieu thereof:

§ 943. Sale of property; disposition of proceeds

(a) When any property, real or personal, of any Special School District is no longer needed for school purposes by the District, the Board of Education thereof may sell such property and convey to the purchaser thereof a good and sufficient title thereto.

() The proceeds of such sale or sales shall be deposited to the account of the school district and be used by the school board for school purposes if there has been no financial participation by the State in the cost of acquiring the area of land and when no buildings have been erected thereon.

If there has been financial participation by the State in the cost of acquiring the land and there are no buildings erected on the area sold, the proceeds of the sale or sales shall be returned to the State in the same proportion to the State's share of the cost of acquiring the area of land sold, and the balance shall be deposited to the account of the school district to be used by the school board for school purposes.

The proceeds of sale or sales of school buildings shall be deposited to the account of the school district and be used by the school board for school purposes if there has been no financial participation by the State in the cost of construction of buildings and any additions or alterations thereto.

If there has been financial participation by the State in the construction of buildings or additions or alterations thereto, the proceeds of the sale or sales of school buildings shall be returned to the State in the same proportion to the State's share of the original cost of construction of said buildings or any additions or alterations thereto and the balance shall be deposited to the account of the school district to be used by the school-board for school purposes.

Proceeds of the sale or sales of any personal property shall be deposited to the account of the school district and be used by the school board for school purposes if there has been no financial participation by, the State in its purchase; otherwise, the proceeds of the sale or sales shall be returned to the State in the same proportion to the State's share of the original cost of said personal property, and the balance shall be deposited to the account of the school district to be used by the school board for school purposes.

Approved June 22, 1960.