CHAPTER 355

AN ACT TO AMEND CHAPTER 25 OF TITLE 14 OF THE DELAWARE CODE IN RELATION TO THE CREATION OF NEW HIGH SCHOOL DISTRICTS.

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

Section 1. Section 2507 (a) of Title 14 of the Delaware Code, is hereby amended to read as follows:

(a) The State Board of Education may create new High School Districts, outside of the City of Wilmington. No High School District so created shall include any part of any present Special School District, without the expressed written consent of the Board of Education of such Special School District, signed by its president and attested by its secretary. Any High School District super-imposed on two or more School Districts, or one or more School Districts and one or more Special School Districts, may be divided by the State Board of Education into two or more High School Districts, one of which shall retain the name of the original High School District, after a referendum conducted by the School Board of the affected High School District. Said referendum shall be conducted in the same manner as are other school referendums as provided in Chapter 11 of this title. All personal property of the former High School District shall be apportioned upon the basis of high school enrollments in the resulting High School Districts as of September 30, next. In the event that the Boards of the new High School Districts cannot come to an agreement on such distribution, the Superintendent of the Department of Public Instruction shall make the distribution which shall be final.

The notice of referendum shall distinctly state that in case the division is effected the School Board of the New School District retaining the name of the original High School District shall continue to pay the principal of and interest on existing bonded indebtedness of the former High School District, and shall bill the new High School District or Districts for a portion or portions of such indebtedness as the same becomes due on the basis of assessed valuations until such indebtedness has been paid. The new High School Board shall levy and collect taxes on all of the taxable property (or per capita) of the new High School District in the amount of such bill to provide the funds for the payment of such principal and interest. The School Board of the High School District retaining the name of the original High School District, may, if necessary, maintain an action therefor against the School Board of the new High School District or Districts.

The notice of referendum shall also state that the rate of tax for current expenses in the resulting High School Districts shall be continued but shall not exceed the rate authorized by referendum in the original High School District prior to the division without new referendum to authorize such taxes.

Section 2. Title 14, Section 2507 (b), Delaware Code, is hereby amended by adding at the end thereof the following:

Upon the division of a High School District, the School Board of the original High School District shall immediately be dissolved and interim School Boards for the resulting High School Districts composed of 5 members shall be appointed by the State Board of Education, and these shall serve until new School Boards are elected and shall qualify. The new School Boards shall be composed of 5 members who shall be elected at an election to be held on the second Saturday of May following the date when this section is made applicable to the Districts. The provisions of Chapter 3 of this title shall govern such first election, except as otherwise herein provided:

(1) At the first election, 5 members of the School Board of the District 'hall be elected, 1 of whom shall be elected for 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, and 1 for 5 years from the first day of July next succeeding their election. The person receiving the highest number of votes shall be elected for a term of 5 years; the person receiving the next highest number of votes, for a term of 4 years; the person receiving the third highest number of votes, for a term of 3 years; the person receiving the fourth highest number of votes, for a term of 2 years; and the person receiving the fifth highest number of votes, for a term of 1 year.

(2) At each annual election thereafter, the successor of every member of the School Board of the District shall be elected by the qualified voters of the District for a term of 5 years from the first day of July next succeeding his election and until his successor qualifies.

Section 3. Title 14, Section 2507, Delaware Code, is hereby amended by adding thereto a new Subsection (i) to read as follows:

(i) Subsections (g) and (h) of this Section shall become null and void in the event of a division of the Henry C. Conrad High School District, provided, however, in such event there shall be on the School Board of each new District at least one member residing in each other school district located wholly or in part within the new High School District.

Approved April 25, 1962.