CHAPTER 384

AN ACT TO AMEND CHAPTER 3, TITLE 14, DELAWARE CODE, RELATING TO SCHOOL BOARD ELECTIONS BY PROVIDING AN ALTERNATE METHOD OF SELECTING BOARD MEMBERS IN CONSOLIDATED DISTRICTS.

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

Section 1. § 324, Title 14, Delaware Code, is amended by adding thereto new sub-sections as follows:

(f) Notwithstanding the above provisions of this Section, in the case of the consolidation of two or three existing districts, each presenting education Grades 1 through 12, and if this Chapter shall be applicable to the consolidated district, and if all of the Boards of the Districts being consolidated elect, not less than 10 days, nor more than 90 days before any referendum to approve consolidation of the Districts, the consolidated Board shall be constituted pursuant to the following:

(1) The consolidated Board shall consist of all of the members of the consolidating Boards.

(2) The terms of members of the consolidated Board shall at first continue as designated by prior election or appointment on the consolidating Boards.

(3) When the terms of members expire, their successors shall be elected in accord with the procedures for election as set forth in Title 14, Delaware Code, Chapter 3, except that the elections shall be held for Board members from the separate areas previously designated as school districts. In the case of a consolidation of two districts, two members shall be elected, one from each of the previous districts, and in the case of the consolidation of three districts, three members shall be elected, one from each of the previous districts.

(4) In the fourth calendar year, following the calendar year of the consolidation, no members shall be elected to fill expiring terms.

(5) In the fifth calendar year following the calendar year of the consolidation, one person shall be elected for a term of three years. In the sixth year, one person shall be elected for a term of three years, and one person for a term of four years. In the seventh year, one person shall be elected for a term of four years, and one person for a term of five years. As each term herein described shall expire, the subsequent elections shall be for terms of five years and election shall be from the consolidated district at large.

(6) In the event that a district not offering education, Grades 1 through 12, should seek to consolidate with a consolidated district as described in this section, such consolidation shall not alter the structure of the Board as herein constituted and for carrying out the provisions of Paragraph (3) of this section, this newly consolidating area shall become a part of that previous district to which it is adjacent.

Approved May 18, 1962.