CHAPTER 142

AN ACT TO AMEND CHAPTER 134, VOLUME 52, DELAWARE CODE, RELATING TO TUITION CHARGES FOR PUPILS ATTENDING SCHOOLS OUTSIDE THEIR RESIDENT DISTRICT.

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

Section 1. Chapter 134, Volume 52, Delaware Code is amended by deleting § 603 (a) (1).

Section 2. Chapter 134, Volume 52, Delaware Code is further amended by changing § 603 (a) (2) to § 603 (a) (1).

Section 3. Chapter 134, Volume 52, Delaware Code is further amended by adding a new paragraph (d) to §603 to read as follows:

(d) The provisions of §602 (a) and (b) shall not apply to handicapped children as defined in Chapter 31 of this Title. Such handicapped children shall be subject to the provisions of § 604 (a) and (b) of this chapter.

Section 4. Chapter 134, Volume 52, Delaware Code, is further amended by adding a new § 604 to read as follows:

§ 604. Handicapped children

(a) If any pupil attends special classes for the handicapped operated by a district other than that in which he resides or by an agency of the State Department of Public Instruction, the receiving district or the Department of Public Instruction shall collect a tuition charge for the non-resident pupil, provided approval for attendance has been granted by the sending district. Such tuition charge shall be paid by the Board of Education or the Board of School Trustees of the School District in which the pupil is a resident from the proceeds of a local tax levied for this specific purpose.

(b) In determining the tuition to be charged, the receiving district or the State Department of Public Instruction shall compute the tuition by adding (1) the previous year's expenses for salary supplements for the staff of the special classes, said salary supplements to be based on a salary supplement schedule not higher than the schedule in force in other schools in the district in which the special classes are located; and (2) other expenses attributable to operation of the special classes for which local funds were used for the previous school year. The sum so obtained shall be divided by the total number of pupils in the special classes as of September 30 of the current school year. The resulting figure shall represent the amount of the "tuition charge" per pupil.

(c) The provisions of § 602 (c), (d), and (e) of this chapter shall apply to this section.

Approved July 11, 1961.