CHAPTER 292

AN ACT TO AMEND PART I, TITLE 14 OF THE DELAWARE CODE ENTITLED "FREE PUBLIC SCHOOLS" TO PROVIDE FOR THE REORGANIZATION OF SCHOOL DISTRICTS TO BE EFFECTED BY AMENDING AND REPEALING EXISTING LAWS PERTAINING THERETO.

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

Section 1. Section 122, Subchapter II, Chapter 1, Title 14, Delaware Code, is hereby amended by repealing the present subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

(a) The Board shall adopt rules and regulations, consistent with the laws of this State for the maintenance, administration, and supervision throughout the State of a general and efficient system of free public schools in accordance with the provisions of this title, including the rules and regulations specified in subsection (b) of this section. Such rules and regulations, when prescribed and published, shall be binding throughout the State.

Section 2. Sections 124 and 125, Subchapter II, Chapter 1, Title 14, Delaware Code, are hereby repealed effective July 1, 1969.

Section 3. Subchapter III, Chapter 1, Title 14, Delaware Code, is hereby repealed in its entirety.

Section 4. Part I, Title 14, Delaware Code, is hereby amended by adding thereto a new Chapter 2 to read as follows :

CHAPTER 2. THE PUBLIC SCHOOL SYSTEM

§ 201. System of free public schools

The system of free public schools throughout this State shall be general and efficient.

§ 202. Free schools; ages; attendance within school district; non-residents of Delaware

(a) The public schools of this State shall be free to persons who are residents of this State and who are between the ages of six and twenty-one years when they are attending grades one through twelve.

(b) The public schools of any school district which maintains schools established under sections 203 or 204 of this Chapter for persons below the age of six years shall be free to persons who are residents of such school district and who have attained the specified age below the age of six years for which such schools are established.

(c) Persons attending the public schools of this State shall attend the public schools in the school district within which they reside, except as otherwise provided in Chapter 6 of this title and in Chapter 92, Volume 23, Laws of Delaware, as amended by Chapter 172, Volume 55, Laws of Delaware.

(d) Persons who are nonresidents of this State may attend the public schools of this State under such terms and conditions as may be otherwise provided by law.

(e) For purposes of this section, a person shall be considered a resident of the school district in which his parents or the legal guardian of his person resides.

§ 203. Special schools

The State Board of Education and the school board of any local school district, either separately or jointly, may establish special schools for children who are in need of education not provided for in regular classes or schools. Such schools may include, but are not limited to, schools for persons who are orthopedically handicapped, socially or emotionally maladjusted, or mentally handicapped educable or trainable, or for persons who suffer hearing or speech impairment, or for persons who are truant or insubordinate.

§ 0. Kindergartens and playgrounds and other schools

The State Board of Education may establish kindergartens and playgrounds and such other types of schools as in its judgment will promote the educational interests of the State.

§ 205. Vocational-technical centers, or schools

The State Board of Education may establish such vocational-technical centers, or schools as in its judgment will promote the educational interests of the State.

§ 206. Establishment of full-time programs

Every public high school acquired, or on which construction was initiated, after December 31, 1964, including those established pursuant to section 205 of this Chapter, shall provide full-time educational programs and the pupils enrolled in such schools shall not be counted in the "units of pupils" of any other school district.

Section 5. Sections 2508 and 2509, Chapter 25, Title 14, Delaware Code, are hereby repealed.

Section 6. Part I, Title 14, Delaware Code, is hereby amended by inserting therein a new Chapter 10 to read as follows :

CHAPTER 10. REORGANIZATION OF

SCHOOL DISTRICTS

SUBCHAPTER I. REORGANIZATION

§ 1001. Purpose

The purpose of this chapter is to provide the framework for an effective and orderly reorganization of the existing school districts of this State through the retention of certain existing school districts and the combination of other existing school districts. It is declared to be the purpose and intent of the General Assembly to establish the policies, procedures, standards and criteria under which the State Board of Education is hereby authorized to determine and establish the appropriate reorganized school districts and to implement the reorganization thereof.

§ 1002. Definitions

Unless otherwise defined in this chapter :

"School district" means a clearly defined geographic subdivision of the State organized for the purposes of administering public education in that area.

"Reorganized school district" means a school district which is constituted and established in accordance with the provisions of this chapter, including a vocational-technical school district and including, where applicable, a school district resulting from a consolidation or division in accordance with the provisions of this chapter.

"School board" means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with the provisions of this chapter.

"Component former school district" means a school district, as constituted prior to July 1, 1969, which comprises in whole or in part a reorganized school district on or after July 1, 1969.

§ 1003. Specific criteria

The State Board of Education on or before September 1, 1968, shall adopt specific criteria for the implementation of the requirements of a plan of reorganization of school districts as those requirements are set out in this chapter and in accordance with the purposes of this chapter taking into consideration the following factors : topography, pupil population, community characteristics, transportation of pupils, use of existing school facilities, existing school districts, potential population changes and the capability of providing a comprehensive program of efficient and effective education.

§ 1004. Plan of reorganization of school districts; petitions by local school boards and hearings; adoption of final plan; requirements of plan

(a) The State Board of Education on or before October 24, 1968 shall prepare a plan of reorganization of school districts conforming to the specific criteria adopted by the State Board of Education in accordance with section 1003 of this chapter.

(b) The plan of reorganization of school districts prepared by the State Board of Education shall be submitted to the school board of each existing school district not more than ten days after its preparation. Any existing school district which considers itself aggrieved by the plan may set forth its specific objections in a petition which shall be served by registered or certified mail upon the secretary of the State Board of Education, or other

person designated by the State Board of Education as its representative for purposes of such services, on or before December 1, 1968; and the State Board of Education during the period December 1, 1968 through January 31, 1969, shall provide appropriate administrative procedures for the hearing of any such petitions. The State Board of Education shall fix a day, time, and place for each hearing, shall give written notice to all interested parties, and may hear and consider such testimony as the State Board of Education may deem advisable to enable it to make a decision. The decision of the State Board of Education with respect to any petition shall be final.

(c) On or before March 1, 1969, the State Board of Education shall meet and adopt a final plan of reorganization of school districts which it deems wise and in the best interests of the educational system of this State; provided, that no plan of reorganization of school districts shall be adopted which fails to meet the following requirements :

Each proposed school district shall offer a complete instructional program grades one through twelve.

(1) Each proposed school district including more than one component former school district shall have a pupil enrollment of not less than 1900 nor more than 12,000 in grades one through twelve. "Pupil enrollment" as used in this subsection means enrollment as of September 30, 1968. Excluding vocational-technical districts there shall be no fewer than 20 nor more than 25 reorganized school districts.

(2) Each proposed school district which is composed of more than one existing school district shall be composed of only whole existing school districts except as herein defined and only to the extent that those whole existing school districts are contiguous as reorganized. No existing school district shall be subdivided in order to form any proposed school district except a superimposed high school district, which may be subdivided.

(3) The proposed school district for the City of Wilmington shall be the City of Wilmington with the territory within its limits.

(4) In addition to other proposed school districts there shall be a number of proposed school districts for vocational-technical centers, or schools which shall be superimposed upon

proposed school districts, which shall not overlap one another, and which taken together shall include the entire geographical area of the State. Requirements (1) and (2) of this subsection shall not apply with respect to proposed school districts for vocational-technical centers, or schools which districts shall contain such instructional programs, numbers of grades, and pupil enrollments which, as determined by the State Board of Education subject to section 202 and 207 of this title, are in the best educational interests of the proposed vocational-technical school districts.

(6) Each proposed school district shall have a name designated by the State Board of Education after consultation with the school board of the school district or districts composing the proposed school district.

(7) Any one-to-twelve existing school district, as constituted March 15, 1968, shall not be required by the State Board of Education to consolidate with any other one-to-twelve existing school district which comprises over 100 square miles and has a pupil enrollment of more than 1900 in grades one through twelve. Any such school district shall be a reorganized school district for the purpose of this Act.

(8) Any existing school district which operates cooperatively with a school district from another state shall continue to do so as long as the State of Delaware is not required to appropriate any special funds as a result of the existing school districts' unique positions. Any such school district shall be a reorganized school district for the purposes of this Act.

§ 1005. Establishment of reorganized school districts

On July 1, 1969, all proposed school districts contained in the plan as adopted by the State Board of Education in accordance with section 1004 of this title shall be constituted and established as reorganized school districts.

§ 1006. Property, indebtedness, and obligation of former school districts

(a) Except as otherwise provided in this section, all real and personal property of a former school district or districts composing any reorganized school district constituted and established pursuant to sections 1004 and 1005 of this chapter shall

become the property of and vested in such reorganized school district; and all indebtedness and obligations of a component former school district shall become the indebtedness and obligations of such reorganized school district. All rights of creditors against any component former school district or districts shall be preserved against the reorganized school district. All indebtedness and obligations owed to a component former school district, and all indebtedness, obligations, and taxes owing to or for the account or accounts of the component former school district or districts, uncollected in the component former school district or districts, and all monies deposited to or for the account or accounts of component former school districts shall be paid to or for, as the case may be, the account or accounts of the reorganized school district.

(b) All obligations of any component former school district evidenced by bonds, serial or otherwise, if any, shall become the common obligation of all of the residents of the reorganized school district and the principal and interest on the outstanding bonds shall be paid according to the original terms for principal and interest by means of a common tax levied uniformly throughout the reorganized school district.

(c) In the case of a subdivided, superimposed high school district, the provisions of subsections (a) and (b) of this section shall apply as in the appropriate subsections (c), (d), (e), (f), (g), and (i) of § 128.

§ 1007. Property held by State Board of Education at time of reorganization

After July 1, 1969 but not later than December 31, 1969, the State Board of Education shall transfer and convey all property that, as determined by the State Board of Education, naturally belongs to any reorganized school district to such reorganized school district and shall make and execute such deed or deeds of conveyance as are necessary to pass to the reorganized school district the legal title to all such property.

§ 1008. Deployment of school employees in reorganized school districts; transfer of certified school employees; salary upon transfer or reassignment; effect

(a) All school employees of any component former school

district or districts shall be deployed throughout the reorganized school district according to the staffing plan of the State Board of Education in force at the time the reorganized school district is established under the provisions of this chapter and as it may be in force thereafter.

(b) In the necessary event of the transfer or reassignment against the will of any school employee, who is certified under the provisions of this title in any component former school district or districts, to a position in the reorganized school district for which such employee is not qualified for certification by the State Board of Education or other certifying authority, as the case may be, such school employee so reassigned shall remain in a fully certified status for so long as he holds any assigned position in the reorganized school district.

() No school employee of any component former school district who may be transferred or reassigned to new duties or a new position with a different salary schedule in the reorganized school district shall after the establishment of the reorganized school district receive a lower gross salary than that paid to such school employee immediately prior to the reorganization. Any adjustment in gross salary shall remain in effect for so long as such employee remains in the new assignment in the reorganized school district but only until such time as the salary schedule for the new assignment in the reorganized school district becomes equal to or exceeds such adjusted gross salary. That portion of any adjustment in gross salary which is paid by any reorganized school district under the provisions of this subsection to any such school employee by reason of the salary schedules set forth in Chapter 13 of this title immediately prior to the establishment of the reorganized school district shall be maintained and paid from the funds of the State and the remaining portion of any adjustment in gross salary shall be paid by taxes levied and collected in the reorganized school district.

(a) Nothing in this section shall be deemed to alter or affect in any way either the provisions of Chapter 14 of this title or the right to terminate the employment of any school employee, to whom the provisions of Chapter 14 of this title do not apply, for cause or for any other reason not inconsistent with the purpose of this section, except that, for purposes of section 1403 of this title, a teacher, as defined in section 1401 of this title, shall

be deemed employed by the school board of the reorganized school district for the period of time such teacher was employed by the school board of the component former school district which employed such teacher at the time the reorganized school district is established under the provisions of this chapter.

§ 1009. Salary schedules in reorganized school districts

In each reorganized school district established under the provisions of this chapter, the salary schedule, including local fund authorization for salaries, shall reflect the highest salary for each position, in effect in the component former school districts composing that reorganized school district. Nothing contained in this section shall be deemed to alter or affect in any way either the State salary schedules and classifications contained in Chapter 13 of this title or the extent to which such State salary schedules and classifications are supported by State appropriations.

§ 1010. Adjusted tax rate; taxes for first fiscal year of operation; taxes after first fiscal year of operation; other taxes; tax considered as authorized by election in reorganized school district

(a) In each reorganized school district established under the provisions of this chapter, there shall be established by the school board of the reorganized school district in the first year of operation, not withstanding the provisions of section 1903 of this title or any other election or referendum, an adjusted tax rate for school purposes as authorized by the provisions of sections 1902, 1912, 1913, 1914 and 1917 of this title, which may be sufficient to maintain in and throughout the reorganized school district a per pupil expenditure level equivalent to that of the highest per pupil expenditure level of any of its component former school districts for fiscal year July 1, 1968 to June 30, 1969, and which shall be sufficient to implement the provisions of sections 1008 and 1009 of this chapter. The adjusted tax rate under this subsection shall be uniform throughout the reorganized school district.

(a) Notwithstanding the provisions of section 1903 of this title, each of the school boards of the component former school districts shall, if necessary for the first fiscal year of operation of the reorganized district, levy a tax prior to July 1, 1969 in

its district in addition to all other taxes authorized by this title which additional tax may be sufficient to raise its proportionate share of monies for school purposes of the first fiscal year of operation of the reorganized school district so as to enable the reorganized school district to maintain, in and throughout such reorganized school district, a per pupil expenditure level equivalent to that of the highest per pupil expenditure level of any of its component former school districts but which shall be sufficient to implement the provisions of sections 1008 and 1009 of this chapter.

(c) Notwithstanding the provisions of section 1903 of this title, the school board of the reorganized school district may, after the first fiscal year of operation, levy and collect a uniform tax, throughout the reorganized district and in the manner provided in Chapter 19 of this title, on the basis of the adjusted rate of taxation specified in subsection (a) of this section, and any additional tax if so authorized by the provisions of Chapter 19 of this title.

(d) Any tax levied and collected pursuant to this section shall be in addition to the taxes specified in subsection (b) of section 1006 of this chapter, relating to bonded indebtedness.

(e) In order to carry out the provisions of this section the existing school boards of the component former school districts shall establish not later than April 1, 1969, a uniform tax rate for the reorganized school district, which rate shall not be less than that necessary to meet all legal obligations of the reorganized school district and its former component school districts.

(f) For purposes of section 1915 of this title, the taxes which are based upon the adjusted rate of taxation in subsection

(a)of this section and which are levied pursuant to subsections

(b)and (c) of this section shall be considered as having been originally authorized by an election in the reorganized school district.

SUBCHAPTER IL REORGANIZED

SCHOOL DISTRICTS

§ 1021. Types of reorganized school districts

On and after July 1, 1969, all school districts in this State shall be known as reorganized school districts.

§ 1022. Property; legal title

Any reorganized school district constituted and established under the provisions of this chapter shall have, subject to the laws of this State, the power to purchase, receive, take, lease, or otherwise acquire, own, hold, improve, and otherwise use real or personal property, or any interest therein and to sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its property or any interest therein. Legal title to property, real and personal, of a reorganized school district shall be held in the name of the reorganized school district.

§ 1023. School year

The school year in each reorganized school district shall begin on the first Tuesday after the first Monday in September unless otherwise provided by the school board of the reorganized school district, but in no event shall the schools in any reorganized school district be in session for less than 180 full school days of pupil instruction.

§ 1024. Fiscal year

The fiscal year in each reorganized school district shall begin on the first day of July and end on the thirtieth day of June of the succeeding year.

§ 1025. Fixing doubtful or disputed boundaries of reorganized school districts

(a) In case of doubt or controversy as to the correct location of the existing boundary or boundaries of any reorganized school district, the State Board of Education shall fix and establish the boundaries after examining the available records and after due hearing of the owners of the property that may be involved. This section applies where there is uncertainty as to the existing boundaries of a district. The power to change or alter deliberately the boundaries of a reorganized school district is governed by section 1026 of this chapter.

(b) The State Board of Education shall make and preserve a record of its decisions fixing the boundaries of a reorganized school district in a special book to be kept by it for that purpose and shall file a copy of such record with the Board of Assessment of the county in which the property involved is located.

(c) If the State Board of Education deems it necessary to employ technical assistance in fixing and establishing a doubtful or disputed boundary, it may pay the cost of such technical assistance out of any fund that it may have to its credit that is not specially designated for another purpose.

§ 1026. Changing boundaries; vocational-technical school districts; City of Wilmington

(a) The State Board of Education may, in accordance with this section, change or alter the boundaries of any reorganized school district except the reorganized district of the City of Wilmington, the boundaries of which shall at all times be the same as the boundaries of the City of Wilmington.

(b) Before making changes in the boundaries of a reorganized school district, the State Board of Education shall consult with the school boards of the districts affected by the proposed change. Thereafter, the State Board of Education shall submit for approval or rejection the question of the change of boundary to the qualified voters of the district or districts affected at a special referendum, to be held for that purpose, after two weeks' notice of the referendum and proposed change has been posted at the school or schools of the district or districts affected. The referendum shall be conducted in each district by the school board of the district. Any person may vote at the referendum who possesses the qualifications prescribed in section 1077 of this chapter. The question shall be determined by a majority of the total vote cast in each district affected. Each school board shall immediately certify to the State Board of Education the result of the referendum in the district.

(c) Subject to the provisions of subsection (a) of this section, the State Board of Education may change or alter the boundaries of any reorganized school district without a referendum of the voters if the written consent of the owners of the real property to be transferred has been obtained and if also the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration.

(d) Notwithstanding subsection (b) of this section, the State Board of Education may change or alter the boundaries of any reorganized vocational-technical school district if the school

boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration.

§ 1027. Consolidation of reorganized school districts; referendum; consolidation of vocational-technical school districts; notice of referendum; qualified voters; list of taxable property; bonds of vocational-technical school districts; school boards of consolidated school districts

(a) The State Board of Education may, when in its judgment it is practicable and desirable, consolidate two or more reorganized school districts, which are contiguous, in accordance with the provisions of this section.

(b) In cases other than consolidation of reorganized vocational-technical school districts, the State Board of Education shall, by means of referendum conducted by the school board of the reorganized school districts affected, submit the question of consolidation to the voters of the reorganized school districts affected. The State Board of Education shall specify in advance the effective date of consolidation. The question of consolidation shall be determined by the majority of the total vote in each of the reorganized school districts affected, and the result shall be immediately certified to the State Board of Education in accordance with other provisions of this chapter. If approved by referendum in each of the reorganized school districts affected, the consolidated school district shall be constituted and established as of the effective date of consolidation.

(c) In the case of any consolidation of reorganized vocational-technical school districts, the State Board of Education shall, provided the school boards of the vocational-technical districts affected by such consolidation have adopted resolutions favoring such consolidation constitute, and establish such consolidated vocational-technical school district as of the effective date of consolidation.

(d) If consolidation is by referendum, the State Board of Education shall post a notice of the proposed referendum for consolidation at the school or schools in the reorganized districts affected and in at least ten other prominent and conspicuous places in each of the reorganized districts affected at least twenty days prior to the date of the referendum. The notice of referendum shall distinctly state the following:

(1) That in case the consolidation is effected, the obligations evidenced by bonds of each of the consolidating districts shall become the common obligation of all of the residents of the consolidated district and the principal and interest on the outstanding bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated district.

(2) That the rate of tax for current expenditures not including Division III in the consolidated district shall not be in excess of the highest rate that was authorized in any of the reorganized school districts to be consolidated, without a new referendum to authorize such taxation.

(3) That in the event of consolidation, all obligations evidenced by bonds issued by the consolidated district after consolidation shall become the common obligation of the residents of the consolidated district.

(e) If consolidation is by referendum, every person qualified to vote under section 1077 of this chapter may vote, and the provisions of sections 1078, 1079 and 1085 of this chapter shall apply to such referendums.

(f) If consolidation is by referendum, the school board for the consolidated school district shall be responsible for preparing and maintaining the list of taxable property and capitations for each of the respective school districts in accordance with subsection (d) (1) of this section, as each was constituted prior to consolidation and at the time the obligations evidenced by bonds were issued and shall continue to levy the taxes to pay for the principal and interest on the bonded indebtedness of each such school district, and the Receiver of Taxes and County Treasurer or their successors shall deposit such tax monies in the approved manner provided elsewhere in this title for the account of the consolidated district. The school board of the consolidated district shall keep such records and accounts as are necessary showing the receipts from such taxes and payments made on bonded indebtedness of each such school district as was constituted prior to consolidation.

(g) In the case of any consolidation of reorganized vocational-technical school districts where any of the school districts so consolidating have outstanding obligations evidenced by bonds,

such obligations after consolidation shall become the common obligation of all the residents of the consolidated vocational-technical school district and the principal and interest on the bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated vocational-technical school district.

(h) All property, real and personal, of the school districts consolidating shall upon consolidation become the property of any vested, by operation of law, in the consolidated school district, and all indebtedness and obligations of the districts consolidating shall become the indebtedness and obligations of the consolidated district. The rights of any bondholders shall not be impaired by reason of anything contained in this section.

(i) The school board of any consolidated school district consolidated under the provisions of this section shall be created and constituted in accordance with section 1065 of this chapter.

(j) Any consolidated school district created under this section shall be operated and maintained as other school districts reorganized under the provisions of this chapter and all laws in this State relating to school districts reorganized under the provisions of this section shall apply to such consolidated school districts.

(k) This section shall apply only with respect to reorganized school districts constituted and established in accordance with the provisions of this chapter and shall not be deemed to alter or affect in any way the provisions of section 1108 of this title with respect to school districts consolidating on or before June 30, 1969.

§ 1028. Division of reorganized school districts; names; bonded indebtedness; levy of taxes without referendum; real property; personal property; school boards; school districts conducted and maintained as other reorganized school districts; applicability of section

(a) A reorganized school district may be divided by the State Board of Education into two or more school districts in accordance with the provisions of this section.

(b) A division, except in the case of the division of a reorganized vocational-technical school district, shall be by refer-

endum which referendum shall be conducted in the same manner as a referendum for the consolidation of reorganized school districts under section 1026 of this chapter. If division is by referendum, the question of division shall be determined by a majority of the total vote of the reorganized school district to be divided. A division of a reorganized vocational-technical school district shall be by resolution of the State Board of Education, and by resolution of the board of the reorganized vocational-technical school district affected. In the case of any division of any reorganized school district, the State Board of Education shall specify in advance the effective date of the division.

(c) One of the school districts resulting from a division shall retain the name of the reorganized school district being divided, unless otherwise specified by the State Board of Education. The school board of the reorganized school district being divided shall specify in advance and with the approval of the State Board of Education the proposed names for the school districts resulting from any division and the boundaries of the school districts so named. If division is by referendum, the proposed names and the boundaries of the school districts so named shall be distinctly stated in the notice of referendum.

(d) In the event any reorganized school district has, at the time of division, any outstanding obligations evidenced by bonds or bond obligations resulting from a division in a previous high school district, such obligations shall remain the obligations of the residents of the school district then obligated upon such bonds to pay the principal and interest when due until paid according to the original authorization with respect to principal and interest. The rights of any bondholder shall not be impaired by reason of a division of any reorganized school district. If division is by referendum, the notice of the referendum shall distinctly state the provisions of this subsection.

() Each school district resulting from a division of a reorganized school district shall levy taxes sufficient (1) to maintain the level of current expenditures including Division III as established in the divided reorganized school district and (2) to provide for payment of principal and interest on any bonded indebtedness as provided in this section. Such taxes shall be levied by the school boards of the school districts resulting from any such division without a further referendum. If division is by

referendum, the notice of referendum shall distinctly state the provisions of this subsection.

(f) All real property of the divided reorganized school district shall, by operation of law, become vested in the respective school district resulting from such division in which such real property is located.

(g) All personal property of the divided reorganized school district shall be apportioned between or among the school districts resulting from such division upon the basis of enrollments in such resulting school districts as of September 30, immediately preceding the division. In the event the school boards of the resulting school districts cannot agree as to such apportionment, the State Board of Education shall make the apportionment which shall be final.

(h) School boards for school districts resulting from any division under this section shall be created and constituted in accordance with section 1066 of this chapter.

(I) All school districts resulting from any division under this section shall be operated and maintained as other school districts reorganized under the provisions of this chapter, and all laws in this State relating to school districts reorganized under the provisions of this chapter generally and not inconsistent with the provisions of this section shall apply to such school districts resulting from such division.

(j) This section shall apply only with respect to a division of a reorganized school district constituted and established in accordance with the provisions of this chapter.

§ 1029. Vocational-technical school districts

Vocational-technical school districts superimposed on other reorganized school districts shall be operated and maintained as other reorganized school districts under the control of the State Board of Education.

SUBCHAPTER III. SCHOOL BOARDS OF

REORGANIZED SCHOOL DISTRICTS

§ 1041. Definitions

"School board" as used in this subchapter means the board of education of a school district which is constituted and estab-

lished under the provisions of this chapter whether by reorganization, consolidation or division.

"School board member" as used in this subchapter means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter.

"Reorganized school district" as used in this subchapter means a school district constituted and established under the provisions of this chapter whether by reorganization, consolidation or division.

§ 1042. School boards to which this subchapter applies

This subchapter applies to school boards of all reorganized school districts in this State, except where otherwise provided in this subchapter.

§ 1043. Authority

In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules, and regulations of the State Board of Education.

§ 1044. Designation of official office

The official office of the school board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise adequately provided for and publicly advertised.

§ 1045. Annual meeting -- election of officers

(a) Each school board shall hold an annual meeting at its office in July of each year.

(b) At each annual meeting the school board shall elect one of its members as president and another of its members as vice-

president, who in the absence or disability of the president, shall act in his stead.

(c) At each annual meeting, the school board shall designate the chief school officer, or superintendent as the executive secretary of the school board.

§ 1046. Compensation of school board members

A school board member shall receive no compensation for his services.

§ 1047. Treasurer

The State Treasurer shall serve as treasurer of each reorganized school district in the State and shall receive all monies to which the reorganized school districts are entitled by law and all those monies collected for school purposes by the Receiver of Taxes and County Treasurer or their successors of each County, who shall deposit all such monies in the legal depository for State monies in the custody of the State Treasurer.

Where any provision of this section is inconsistent with the provisions of Chapter 92, Volume 23, Laws of Delaware, as amended, relating to the school district of the City of Wilmington and the Board of Public Education in Wilmington, the provisions of Chapter 92, Volume 23, Laws of Delaware, as amended, shall control.

§ 1048. Regular and special meetings; notice and location; quorum; emergency meetings

(a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board.

(b) Special meetings of the school board may be held whenever the duties and business of the school board may require.

(c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of at least three school board members or, in the case of a vocational-technical school board, at least four school board members. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board.

§ 1049. Policy making

The school board of each reorganized school district, subject to the provisions of this title and in accordance with the policies, rules, and regulations of the State Board of Education, shall, in addition to other duties:

(1) Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools ;

(2) Enforce the provisions of this title relating to school attendance;

(3) Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;

(4) Adopt courses of study;

(5) Select, purchase, and distribute free of charge such textbooks, and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools ;

(6) Provide forms on which regular school employees shall make such reports as may be required by the school board ;

(7) Make all reports required by the State Superintendent of Public Instruction, at such time, upon such items and in such form as may be prescribed by the State Superintendent.

(8) Appoint personnel. § 1050. Annual report

The school board of each reorganized school district shall cause to be prepared and published annually, in sufficient quantities for distribution among the citizens of the school district a report addressed to the people of the reorganized school district, covering the current conditions, accomplishments, and need for the improvement and advancement of the schools, as well as a statement of the business and financial transactions of the school board. Such report shall be available upon request, shall encompass the period designated as the fiscal year, and shall be ap-

proved by the school board not later than December 31, following the close of the fiscal year.

§ 1051. Election of school board members; exceptions

(a) School board members shall be elected by the qualified voters of the respective reorganized school districts, except as may otherwise be provided by sections 1061, 1062, 1063, 1064, 1065, and 1066 of this subchapter.

(b) No person shall be elected or serve as a school board member who holds a paid position which is subject to the rules and regulations of such school board.

§ 1052. Number; qualifications of members; one member elected each year; term of members

(a) Unless otherwise provided in this chapter, each school board shall be composed of five members.

(b) Each member shall be a citizen of the State and resident of the school district in which elected or appointed and shall be qualified to vote at a school election in that district at the time of such election or appointment.

(c) Unless otherwise provided in this chapter, one school board member shall be elected each year except where an unexpired term of a former member is also to be filled.

(d) Unless otherwise provided in this chapter each school board member shall be elected for a term of five years except when such election is to fill an unexpired term, said term commencing on the first day of July following his election.

§ 1053. Oath of office of the school board member

(a) Each school board member shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of school board member according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised

to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm)."

(b) The oath or affirmation shall be administered by the president or vice president of the school board of the school district or in the case of a newly constituted board by a person appointed by the State Superintendent of Public Instruction to administer said oath.

§ 1054. Vacancy on school board

(a) If any school board member ceases to be a resident of the reorganized school district, he shall cease to be a member of its school board.

() Unless otherwise provided in this chapter, a vacancy on a school board for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term.

(a) In the event that a majority of, or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Nominations and elections held or appointments made pursuant to this section shall be held or made in accordance with the provisions of this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members.

§ 1055. Maintenance of school property

The school board of each reorganized school district shall provide for the care of the buildings, grounds, equipment, apparatus, and other school property, and shall maintain the same in

accordance with the standards adopted by the State Board of Education. The school board shall make all repairs to school property, purchase all necessary furniture, and provide for adequate heating and proper ventilation of the buildings.

§ 1056. School property; use, control and management

(a) As used in this section :

"School property or school facilities" means buildings and land.

"School equipment" as used in this section shall be deemed to mean, and to include, but not be limited to : kitchen equipment, projection equipment, office machines, laboratory equipment, industrial arts equipment, art equipment, home economics equipment, playground equipment, and scoreboards.

() All property, estate, effects, money, funds, claims, and State donations heretofore vested by law in the public school authorities of any public school district, for the benefit of the public schools of such district, shall be under the control, management, and custody of the school board of such district subject to the provisions of section 1047 of this Chapter. Any real and personal estate granted, conveyed, devised or bequeathed, or which may hereinafter be granted, conveyed, devised or bequeathed, for the use of any public school district, shall be held in trust by the school board for the benefit of the public schools of the respective district. Such grants, bequests or money invested in trust for the use of any public school district, shall be exempt from all State, county, and local taxes.

(a) The control, management, and custody of school property in all public school districts shall be subject to the Laws of Delaware, the rules and regulations of the State Board of Education, and the rules and regulations of the school boards of the respective school districts. Each school board shall adopt a set of rules and regulations governing the use of school property within the respective district subject to the provisions hereinafter set forth, and subject to approval by the State Board of Education.

The primary purpose for the use of school property is the education of children and youth. The use of such property for purposes other than the primary purpose shall not be permitted

whenever such use would interfere with the primary purpose. Any scheduled public school activity, whether taking place during the school day or otherwise, shall have precedence over any other activity for the use of such property. However, in order to encourage the citizens of any community to participate in worthwhile community activities, a school board shall consider any written request by ten citizens of the respective district, or a recognized community organization, for the use of school property in such district for purposes other than the primary purpose. The decision of such school board regarding the granting of such requests shall be based upon a consideration of the following conditions, (1) through (4), listed in order of importance:

(1) The facility requested for use has not been scheduled for use at the time requested;

(2) The use of the facility requested will be beneficial to children and youth and consistent with the program of education of the school district ;

(3) The use of the facility requested will serve a purpose that is educational, cultural, civic, political, or recreational ;

(0) The use of the facility requested will not afford personal monetary gain to the individuals participating in the activity.

(d) A school board shall permit the use of property under its jurisdiction free of charge, except, however, for the expense of custodial salaries, heating and lighting in excess of the school's normal operations, whenever the purpose is educational, cultural, civic, political, or recreational provided there is no monetary gain to the individuals or organization using such property as a result of such use. It shall be deemed that there was no monetary gain if all charges or admission in excess of the costs of such purpose are donated to a charitable purpose (as defined for State of Delaware Personal Income Tax purposes). The use of school equipment and school property for all other purposes shall be based upon a fee schedule to be determined by a school board, subject to the approval of the State Board of Education. All such fees collected by a school board shall be placed on deposit with the State Treasurer to be distributed as follows :

(1) That portion of the fee which is equal to the cost to the school district for providing such facilities shall be placed in a

clearly designated special fund account to be used exclusively for the purpose of paying custodial salaries, heating, and electrical costs.

(2) That portion of the fee which is in excess of the cost to the school district for providing such facilities shall be deposited in the General Fund of the State.

(e) Any school board may refuse to permit the use of any school property under its jurisdiction for any purpose, which, in its discretion, would tend to interfere with the program of the public schools or would not be in harmony with the purposes of public education in such matters as character building, the development of unprejudiced social attitudes, and the training of pupils for responsible citizenship. Any dispute which may arise because of the refusal of any school board to permit the use of any school property under its jurisdiction to any organization or group of citizens, shall be received by appeal, in writing, to the State Board of Education.

(f) Any group of citizens permitted to use school property, shall be responsible for any damages done to such property over and above the ordinary wear. The extent of such damage shall be determined by the school board having control over such property, subject to approval by the State Board of Education.

(g) Any school board which permits the use of public school property for any use other than for public school use, shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.

(h) All public schools receiving an appropriation of state funds shall be governed by the provisions of this section as a condition for the receipt of such State funds.

§ 1057. Sale of property and disposition of proceeds; not applicable to school district of the City of Wilmington

(a) When any property, real or personal, of any reorganized school district is no longer needed for school purposes by such district, the school board thereof may, subject to written approval by the Director of State Planning and the State Board of Education, sell such property and transfer or 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 reorganized school district and shall be used by the school board for school purposes if there has been no financial participation by the State in the original cost of purchase or construction and any additions or alterations thereto ; otherwise, the proceeds of the sale or sales shall be returned to the State in the same proportion as the share of the State in the original cost of purchase or construction and any additions or alterations thereof.

(b) This section shall not apply with regard to the disposition of property of the school district of the City of Wilmington which shall be governed by the provisions of Chapter 163, Volume 23, Laws of Delaware, as amended.

§ 1058. Controversies concerning rules and regulations of the school board

The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy who feels aggrieved by a decision of a school board may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served by certified or registered mail within 30 days after receiving notice of the decision upon the State Superintendent of Public Instruction. The State Board of Education shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The decision of the State Board of Education shall be final.

§ 1059. Hearings

A school board may administer oaths, examine persons under oath, in any part of the reorganized school district.

§ 1060. Penalty for false testimony

Whoever, being a witness in any manner pertaining to the public schools of the reorganized school district and having been duly sworn or affirmed by the school board to tell the truth, wilfully gives false testimony is guilty of false swearing and shall be punished as perjury is punished.

§ 1061. School boards upon reorganization July 1, 1969

Previously elected or appointed school board members of component former school districts and all members of the board of a subdivided high school district board who reside within the reorganized school district, including those members elected at the regular election in May, 1969, shall continue to serve out their respective terms on the school board of the reorganized school district constituted and established on July 1, 1969, notwithstanding any other provisions of this title to the contrary, except that in the case where a reorganized school district is composed of one or more non-one-through-twelve grade component former school districts and one or more component former school districts previously providing grades one through twelve, only the member elected in May, 1969, in each of the non-onethrough-twelve grade districts will serve out his term as an interim member of the school board of the reorganized school district along with all of the school board members of the previously one-through-twelve grade district or districts. Subsequent elections or appointments in the reorganized school districts shall be for one member at large in the reorganized school districts until the school board meets the criteria of this subchapter.

§ 1062. School board for the reorganized school district which includes the former school district of Alexis I. duPont Special School District

(a) The members of the school board for the reorganized school district which includes the former component school district of Alexis I. duPont Special School District shall be appointed by the Resident Judge of the Superior Court for New Castle County.

(b) The school board shall be composed of five members each of whom shall be a citizen of the State and a resident of the reorganized school district and shall be qualified to vote at a school election in the reorganized school district at the time of his appointment. No more than three members of the school board shall be of the same political party, and no member shall fail to state his political affiliation.

(c) Each school board member shall be appointed for a term of five years commencing on the first day of July following

his appointment, and he shall serve until his successor shall qualify.

(d) A vacancy on the school board at a time other than the normal expiration of a term shall be filled by the Resident Judge of the Superior Court for New Castle County for the unexpired term.

§ 1063. The Board of Public Education in Wilmington

The Board of Public Education in Wilmington shall be constituted and appointed in accordance with the provisions of Chapter 92, Volume 23, Laws of Delaware, as amended by Chapter 172, Volume 55, Laws of Delaware.

§ 1064. Reorganized vocational-technical school districts

(a) The members of the school board of any reorganized vocational-technical school district shall be appointed by the Governor from the residents of such district. The school board shall be composed of seven members. Annually, the Governor shall appoint one member for the term of seven years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in the office of any such member, caused by death, resignation, removal from the district, or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be a resident of the reorganized vocational-technical school district, or his office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than four members of the school board shall be of the same political party, and no member shall fail to state his political affiliation.

(b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least seven school board members serving pursuant to section 1061 of this chapter, the Governor shall appoint such members as are necessary to bring the total number of school board members to seven and shall designate the terms of such appointed members so that the term of one member shall expire each year thereafter

for the succeeding seven years. Not more than four members of the school board shall be of the same political party, and no member shall fail to state his political affiliation.

(c) The terms of the school board members shall begin July 1 following their appointments and shall continue until their successors qualify.

§ 1065. Dissolution of school boards upon consolidation of reorganized school districts; appointments by State Board of Education; members elected annually after consolidation; appointment by Governor

(a) Upon the consolidation of reorganized school districts under section 1027 of this chapter, the school boards of such consolidating reorganized school districts shall be dissolved as of the effective date of consolidation.

() Except as provided in subsection (c) of this section, the State Board of Education shall, upon consolidation, appoint five members of the previously existing school boards of the consolidating districts to the school board of the consolidated district and shall designate one member each to serve for a term of five years, four years, three years, two years and one year, respectively. The qualified voters of the consolidated district shall, at each annual election after consolidation, elect one member for a term of five years who shall serve from the first day of July next succeeding his election and until his successor qualifies.

(a) In the case of any consolidation of vocational-technical school districts under section 1027 of this chapter, the Governor shall appoint seven members of the previously existing school boards of the consolidating vocational-technical districts to the school board of the consolidated vocational-technical district and shall designate one member each to serve for a term of seven years, six years, five years, four years, three years, two years, and one year, respectively. Annually thereafter, the Governor shall appoint one member for a term of seven years who shall serve from the first day of July next succeeding his appointment and until his successor qualifies.

1066. Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts

(a) Upon the division of a reorganized school district into two or more school districts under section 1028 of this chapter, the school board of the divided reorganized school district shall be dissolved as of the effective date of division.

() Any member of the previously existing school board, including a vocational-technical school board, shall continue to serve out his term, for which he was elected or appointed in the divided school district, as a member of the school board of the school district resulting from such division in which he resides.

(a) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to five and shall designate the terms of such appointed members so that the term of one member shall expire each year thereafter for the succeeding five years. The qualified voters of any school district resulting from such division shall, at each annual election after division, elect one member for a term of five years who shall serve from the first day of July next succeeding his election and until his successor qualifies.

(b) In the case of any division of a vocational-technical school district under section 1028 of this chapter, the Governor shall appoint such additional members of the school boards of the vocational-technical school districts resulting from such division as are necessary to bring the total number of school board members to seven and shall designate the terms of such appointed members so that the term of one member shall expire each year thereafter for the succeeding seven years. Annually thereafter, the Governor shall appoint one member for a term of seven years who shall serve from the first day of July next succeeding his appointment and until his successor qualifies.

§ 1067. Election of Milford Special School District in 1969 for the Board of Education

On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect two members of the Board of Education of Milford Special School District, notwithstanding any provision to the contrary in Chapter 3 of this title. The individual with the highest number of votes shall be elected for a term of five years. The individual with the second highest number of votes shall be elected for a term of four years and shall fill the vacancy created by the expiration of the term of the previously elected school board member. Both individuals shall be elected at large in the entire Milford Special School District and shall serve in addition to the three then incumbent previously elected school board members. Thereafter school board members in the school district shall be elected in accordance with § 1051 and § 1052 of this chapter. No fewer than two members shall be residents of Kent County and no fewer than two members residents of Sussex County.

SUBCHAPTER IV. ELECTIONS IN REORGANIZED

SCHOOL DISTRICTS

§ 1071. Applicability of this subchapter; definitions

(a) This subchapter shall apply to any election conducted in any reorganized school district by the school board of such district or by the State Board of Education. The provisions of this subchapter shall be in addition to the provisions of Chapters 19, 20 and 21; and to the extent that any provision of this subchapter is inconsistent with any provision contained in Chapters 19, 20 or 21, the provisions of Chapters 19, 20 and 21 shall govern.

(b) As used in this subchapter, the term "reorganized school district" means a school district constituted and established in accordance with the provisions of this chapter whether by reorganization, consolidation or division. As used in this subchapter, the term "school board" means the board of education of a reorganized school district. As used in this subchapter, the term "election" shall include a referendum where applicable.

§ 1072. Time; places; annual election of school board members; dates

(a) School elections, for whatever purposes, shall be held between the hours of one o'clock p.m. Eastern Standard Time and eight o'clock p.m. Eastern Standard Time during which time the polls shall remain open.

The school board of each reorganized school district shall determine the school buildings within the district which shall be open as polling places for any public school election.

(b) Elections for school board members shall be held annually on the second Saturday of May, except that when only one person files for election to a given vacancy the school board shall declare that candidate elected and shall not open the polls for the election of said candidate.

(c) All public school elections other than school board elections shall be held on the date set by the local school board of the school district in which such elections are to be held and in accordance with paragraphs (a) and (b) of this section.

§ 1073. Election officers

The members of the school board shall serve as election officers in the reorganized school district and shall appoint such additional election officers as shall be necessary in order to properly staff each designated polling place in the district.

§ 1074. Notice of election

(a) The Clerk of the Peace or his successor of each county shall give notice of such elections as follows :

(1) By notices posted in at least 10 public places in each school district and at each school building in such school district at least 20 days before the day of the election ; and

(2) By notices published in two newspapers of the county at least once a week for three weeks before the election, the last such publication to be not less than 5 days before the day of the election. If any reorganized school district is located in more than one county, notice shall be published in one newspaper in each county in which the reorganized school district is located.

(b) In the case of an election of school board members, the notices so posted and published shall plainly set forth the offices to be filled, the date when the nomination shall be filed, and the time and place of such election.

(c) In the case of an election for consolidation or division of a reorganized school district or districts, as the case may be, or for the changing of the boundaries of a reorganized school district, the notice of the election shall be by the school board and in accordance with the applicable provisions of this chapter.

§ 1075. Nominations for election of school board members

In the nomination of school board members, the following procedures shall be used :

(1) At least 10 days before the day of election, nominations shall be filed with the Clerk of the Peace or his successor of the county in which the reorganized school district is located, except that if a reorganized school district is located in two counties, nominations shall be filed with the Clerk of the Peace or his successor of the county in which the office of Superintendent of School is located ;

(2) The nominations shall be in writing signed by at least 15 citizens who are residents of the reorganized school district and who are qualified to vote in the election proposed.

§ 1076. Ballots or voting machines; election supplies; cost

(a) The school elections may be conducted by the use of printed ballots or by the use of voting machines.

() In the event of the use of printed ballots, the Clerk of the Peace or his successor of each county shall cause to be printed ballots which shall contain the following :

(1) For the election of school board members, the names of all persons nominated shall be listed alphabetically without political party designation. After the name of each candidate a square shall be added for convenience in marking.

(2) For consolidation, division or change of boundaries or reorganized school districts, the ballot shall briefly state the

question and provide for voting for or against the proposal, with such words as :

For the proposal

Against the proposal

(c) In the event that voting machines are to be used, the Clerk of the Peace or a person designated by him shall supervise the setting for the machines to denote the choices indicated in subsection (b) of this section and shall in advance of the date of the election instruct the designated election officers in the proper use of the machines.

(d) The ballots and other needed election supplies shall be provided by the Clerk of the Peace or his successor of the county in which the reorganized school district is located.

(e) The cost of the ballots, necessary election supplies, publication of notices, and notices shall be paid by the Levy Court or County Council of the county in which the reorganized school district is located.

(f) Any reorganized school district may use voting machines instead of ballots, provided such reorganized school district pays the transportation for the voting machines and other necessary charges for the use of such voting machines.

(g) In case of an election for the consolidation, division, or change of boundaries of a reorganized school district, all preparation for and cost of the election shall be borne by the reorganized school district or districts.

§ 1077. Qualified voters

Every citizen twenty-one years of age or over who has been a resident of the State for at least one year preceding the date of election, a resident of the county for at least three months preceding the date of election, and a resident of the reorganized school district for at least 30 days preceding the date of election shall be eligible to vote at the school election in the reorganized school district in which he resides, whether or not he is at the time a registered voter for purposes of a general election.

§ 1078. Determination of qualifications of the voter

For the purpose of determining whether a person offering to vote at a school election is qualified to vote, one of the election

officials shall ask each person offering to vote the following questions:

(1) Name of voter;

(2) Whether the voter is a citizen of the United States of America;

(3) Voter's place of residence;

(4) Length of time of voter's residence in the reorganized school district in which the school election is being held, in the county in which the reorganized school district is located and in the State of Delaware;

(5) Whether the voter has voted in any other voting place in the reorganized school district at this election.

§ 1079. Oath administered where the qualifications of a voter are in doubt or are challenged

(a) If the election officers are in doubt as to the qualifications of any person offering to vote or in the case of challenge, the election officers may require such person to take an oath or affirmation, which shall be administered by the presiding election officer at that polling place, in the following form :

"Do you solemnly swear (or affirm) that you are legally qualified and entitled to vote at the election now being conducted in this school district; that you have not voted and will not vote at any other voting place this day, so help you God (or so you solemnly affirm)."

The voter must reply in the affirmative in order to be qualified.

(b) After a person has taken the oath or affirmation, his ballot shall be received and deposited in the ballot box or he shall be admitted to the voting machine.

(c) If any person refuses to take the oath or affirmation, after the election officers have demanded that he do so, he shall not be permitted to vote.

(d) In each instance where a voter is required to and does in fact swear or affirm to his qualification as herein stipulated, a record of this affirmation shall be made in the minutes kept at the poll and delivered following the election to the school board of the reorganized school district in which the election is held.

§ 1080. Method of voting

(a) For the election of school board members, a voter shall not vote for more candidates than there are school board memberships to be filled in the election. If only one school board member is to be elected, a voter shall vote for only one candidate. The voter shall place a mark in the square after the name of the candidate or candidates for whom he desires to vote, or in the case where a voting machine is used ; take the appropriate action on the machine as described in the posted instructions for the operation of said machine.

(b) For the consolidation, division, or change of boundaries or a reorganized school district, the voter shall place a mark in the square after the item that expresses his choice, or, in the case where a voting machine is used, take the appropriate actions on the voting machine as described in the posted instructions for the operation of said machine.

§ 1081. Secret ballot

In every instance where a school district election is held, whether by voting machine or ballot, an appropriate enclosure shall be provided so that the voter may vote in privacy. All statutes of the State of Delaware relative to the secrecy or privacy of the voter in casting a vote shall be applicable to any school district election.

§ 1082. Poll list

Before a ballot is issued to a voter and before the voter deposits it in the ballot box or before a voter is admitted to vote by voting machine, the election officers shall enter the name of the voter and his place of residence upon a poll list to be kept for that purpose. The poll list shall within two days following the election, be filed by the officers conducting the election with the Clerk of the Peace or his successor of the county in which the election was conducted and the Clerk of the Peace or his successor shall safely preserve such poll list for the period of one year after it has been filed, and upon the expiration of such year, unless otherwise ordered by any of the courts of the State, or by any of the judges of the courts, or by the Attorney General of the State, the Clerk of the Peace or his successor shall remove the poll list from the files of his office and destroy the same.

§ 1083. Counting ballots; tie vote; certification of election

(a) Upon the close of the election, the ballots shall be read and counted publicly.

(1) For the election of school board members, the persons receiving the highest number of votes shall be declared duly elected to the position of school board member.

(2) For an election pursuant to Chapters 19, 20 or 21 of this title and for an election to determine a consolidation, division, or change of boundaries of a reorganized school district, the number of votes for the proposal and the number of votes against the proposal shall be announced and, if possible, the results shall be declared.

(b) In case of a tie :

(1) For the election of school board members, no later than the third Saturday in June following the May election, another election shall be held in accordance with the provisions of this chapter to decide which of the candidates so tied shall be elected school board member.

(2) For an election pursuant to Chapters 19, 20 or 21 of this title and for elections to determine a consolidation, division or change of boundaries of a reorganized school district, another election shall be held not less than 30 days nor more than 60 days after the date of the tied election, in accordance with the provisions of this chapter, in order to break the tie.

(c) The election officers shall give a certificate of election to each person elected to the office of school board member.

(d) In the case of an election pursuant to Chapters 19, 20 or 21 of this title, the election officers shall certify the election results to the school board of the reorganized school district on such forms as the school board shall have provided for such certification, and :

(3) In the case of an election to determine a consolidation, division or change of boundaries of a reorganized school district, the school board shall within three calendar days present such certification to the Secretary of the State Board of Education as prescribed elsewhere in this title.

(4) In case of an election pursuant to Chapters 20 or 21 of this title, the certification shall be presented to the State Board of Education as prescribed elsewhere in this title.

§ 1084. Minutes of election; preservation of minute book, ballots, and election records

(a) The election officers shall enter in a book to be provided for that purpose, minutes of the election which shall show the names of the persons voting and, when applicable, the names of the persons elected. The minutes shall be signed by each election officer.

(b) The book containing the minutes shall be preserved by the school board, and it shall be evidence in any court.

(c) All ballots cast and the records of the elections shall be preserved in the custody of the election officers for a period of ten days.

§ 1085. Violations and penalties

Whoever votes at any school election, including elections pursuant to Chapters 19, 20 and 21 of this title, without possessing the qualifications prescribed by this subchapter or violates any of the other provisions of this subchapter or Chapters 19, 20 or 21 of this title shall, for each offense, be fined or imprisoned, or both, in accordance with the regular election Laws of Delaware.

SUBCHAPTER V. STAFFING OF

REORGANIZED SCHOOL DISTRICTS

§ 1091. Superintendent of schools

The school board of each reorganized school district shall appoint as the chief school officer for that district a superintendent of schools who shall also serve as executive secretary to the school board.

§ 1092. Employee qualifications

Every employee of a reorganized school district must meet standards for qualification as adopted by the State Board of Education, except for an employee of the school district of the City of Wilmington who must meet standards for qualifications as adopted by the Board of Public Education in Wilmington, and

be certified or otherwise licensed in accordance with these standards in order to be placed on the official payroll of the reorganized school district.

§ 1093. State salary schedules

The state salaries for the several categories of school employees shall be in accordance with salary schedules set forth in this title except that no such schedule shall prevent a school district from increasing those salaries by the amount of a supplement appropriately provided by the local school district including Division III State funds, and from funds other than those appropriated by the State of Delaware.

§ 1094. School employee contract; dismissal or suspension

(a) The contract with school employees shall be a contract drawn on a form approved by the State Board of Education and shall be a State of Delaware school employee contract that shall be executed by the reorganized school district board. One copy of the contract shall be delivered to the employee, and one copy shall be made part of the permanent file of the school district.

(b) A school employee may be dismissed or suspended from his duties in accordance with Chapter 14 of this title.

Section 7. Chapter 13, Title 14, Delaware Code, is hereby amended by repealing § 1303 thereof and substituting thereof a new § 1303 to read as follows :

§ 1303. State supported uniform salary schedules and classifications

The salary schedules and classifications set forth in this chapter shall be permanent State supported uniform salary schedules and classifications which shall govern, subject to the provisions of Section 1304 of this title and Chapter 17 of this title, the amounts of the salaries that shall be paid by each district, the State Board of Education, and the State Board of Vocational Technical Education to the employees covered by the schedules.

Section 8. Chapter 13, Title 14, Delaware Code, is hereby amended by repealing § 1304 thereof and substituting therefor a new § 1304 to read as follows :

§ 1304. Salaries in excess of State supported uniform salary schedules

Nothing contained in this chapter shall prevent any local board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations.

Section 9. Section 1306, Title 14, Delaware Code, is hereby amended by adding a new subsection at the end thereof to read as follows:

(b) Each reorganized school district may employ one superintendent to be paid from State funds in accordance with the provisions of subsection (a) of this section. Such superintendent shall not be charged against the allotment of any personnel provided by this chapter or Chapter 17 of this title.

Section 10. Section 1307, Title 14, Delaware Code, is hereby amended as follows :

A. By striking subsection (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows :

(b) During the fiscal year beginning July 1, 1969 and annually thereafter a reorganized school district may employ one full-time principal for each school building having fifteen or more state units of pupils who shall be paid from State funds for twelve months in accordance with subsection (a) of this section.

During the fiscal year beginning July 1, 1969 and annually thereafter elementary school principals for which the district may qualify shall not be charged against the allotment of classroom teachers or other personnel provided by these units.

During the fiscal year beginning July 1, 1970 and annually thereafter secondary school principals for which the district may qualify shall not be charged against the allotment of classroom teachers or other personnel provided by these units.

. By striking all that portion of subsection (c) preceding the salary schedule and by inserting in lieu thereof a new heading and paragraph to read as follows:

(c) Assistant Principals

During the fiscal year beginning July 1, 1970 and annually thereafter a reorganized school district may employ one full-time assistant principal for each full multiple of twenty state units of pupils in a school building beyond the first fifteen state units of pupils for which a fulltime principal was authorized. The provisions of this Section and Section 1321 (e) 4 notwithstanding one half the total number of assistant principals in a reorganized school district may be classified as supervisors. Assistant principals shall not be charged against the allotment of classroom teachers or other personnel provided by these units. An assistant principal shall be paid from State funds for ten months per year the amount for which he is eligible under Section 1305 (a) of this Title plus an annual amount for administrative responsibility to be determined in accordance with the following schedule:

Section 11. Section 1308, Title 14, Delaware Code, is hereby amended by striking the words "and in State Board of Education and in the State Board for Vocational Education" as they appear in subsection (d) thereof, and by adding at the end of the section a new subsection to read as follows :

(e) During the fiscal year beginning July 1, 1970 a reorganized school district may employ personnel to be paid pursuant to this section in a number equal to one for each full ten state units of pupils for the first 100 such full state units of pupils and one additional for each additional full 12 state units of pupils. During the fiscal year beginning July 1, 1971 and annually thereafter a reorganized school district may employ personnel to be paid pursuant to this section in a number equal to one for each full ten state units of pupils. At least 25% of such personnel shall not be employed on State funds in excess of 10 months.

Section 12. Section 1310, Title 14, Delaware Code, is hereby amended by adding a new subsection at the end thereof to read as follows:

(c) During the fiscal year beginning July 1, 1969 and thereafter a reorganized school district may employ personnel to be paid for ten months per year from State funds pursuant to this

section in a number equal to one for each full 40 state units of pupils, except that in schools for the physically handicapped within the district the allocation shall be in accordance with rules and regulations adopted by the State Board of Education.

Section 13. Section 1311, Title 14, Delaware Code, is hereby amended by adding a new subsection at the end thereof to read as follows :

(e) During the fiscal year beginning July 1, 1969 and thereafter a reorganized school district may employ personnel to be paid from State funds pursuant to this section in accordance with the rules and regulations of the State Board of Education approved by the General Assembly for such fiscal year.

Section 14. Section 1316, Title 14, Delaware Code, is hereby amended by striking the period at the end thereof and by inserting in lieu thereof the following:

and except such numbers and months of employment of personnel otherwise specified by law.

Section 15. Section 1321, Title 14, Delaware Code, is hereby amended by striking subsection (e) thereof and inserting in lieu thereof a new subsection (e) to read as follows :

(a) During the fiscal year beginning July 1, 1970 and annually thereafter a reorganized school district may employ the following personnel :

1. Assistant Superintendents for a period of twelve months per year at the rate of one for each full 250 state units of pupils not to exceed a total of two per reorganized school district ;

2. Directors for a period of twelve months per year at the rate of one for the first full 150 state units of pupils and one for each additional full 100 state units of pupils not to exceed a total of six per reorganized school district;

3. Administrative assistants for a period of twelve months per year at the rate of one per reorganized school district;

4. Supervisors for a period of ten months per year at the rate of one for each full 100 state units of pupils.

5. Specialist-psychologists for a period of ten months per year at the rate of one for each full 140 state units of pupils ;

6. Specialist-Speech and hearing teachers for a period of ten months per year at the rate of one for each 140 state units of pupils;

7. Specialist-Visiting teachers for a period of ten months per year at the rate of one for each full 250 state units of pupils ;

8. Specialist-Driver Education teachers for a period of ten months per year at the rate of one for each full 140 tenth grade students in the district or one-fifth of a teacher for each full 28 tenth grade students in the district.

The personnel employed pursuant to this subsection shall not be charged against the allotment of classroom teachers provided by these units of pupils, the provisions of Section 1705 of this Title notwithstanding.

Section 16. Section 979, Chapter 9, Title 14, Delaware Code, is hereby repealed.

Section 17. Section 751, Chapter 7, Title 14, Delaware Code, is hereby repealed.

Section 18. Chapter 13, Title 14, Delaware Code, is hereby amended by adding thereto a new § 1327 to read as follows :

§ 1327. Leave of absence for person in military service

(a) If a regularly appointed and employed principal, teacher or other employee of a school district is called to the service of or voluntarily enters the Armed Forces of the United States of America or the National Guard of this State when in continuous active service, the school board shall grant to such principal, teacher or other employee, a leave of absence which shall cover the period of military service, not to exceed three years, or until the term of service to which he or she has been called is terminated, and upon the completion of the leave of absence reinstate such principal, teacher or other employee in the position which he or she held at the time that the leave of absence was granted. The contract with such principal, teacher or other employee shall continue in force under the same conditions as if the principal, teacher or other employee had been in the continuous service of the board during the period of the leave of absence ; provided, such regularly appointed and

employed principal, teacher or other employee has received a certificate of satisfactory completion of military service.

(b) The person who may be appointed to replace the principal, teacher or other employee shall be appointed only for the period covered by the leave of absence.

Section 19. Section 1902, Chapter 19, Title 14, Delaware Code, is hereby amended by designating the paragraph of that section as subsection (a) and by adding a subsection (b) to that section to read as follows :

(b) In any instance except major capital improvement and new funds for Educational Advancement as defined in Chapter 17 of this title where the State shall make appropriations to school districts for any purpose and the applicable statute requires a local district contribution to the appropriation or expenditure, the local school board may levy such tax as is necessary to support the local district contribution without the necessity of a referendum in the local school district, notwithstanding section 1903 of this chapter. In the case of the school district of the City of Wilmington, such tax as is necessary to support its local district contribution may be levied, notwithstanding the maximum tax rate specified in Section 11, Chapter 92, Volume 23, Laws of Delaware, as amended by Chapter 9, Volume 56, Laws of Delaware and, unless otherwise specifically provided, such tax rate as may be hereafter so specified.

Section 20. Section 1702, Title 14, Delaware Code, is amended by striking the word "two" as it appears in the second line before the word "divisions" and inserting in lieu thereof the word "three" and further amending § 1702, Title 14, Delaware Code by striking the period at the end of said section and adding the following :

; Division III shall include appropriations for Educational Advancement. The State Board of Education shall in its annual budget request recommend an amount to be appropriated to each school district for the purpose of Educational Advancement on a Unit Basis provided that for the school year beginning July 1, 1969 the amount recommended shall not be less than $200 per unit of pupils in the respective reorganized school districts as of September 30, 1968 and shall include all data on which such

recommended amounts are based, and the General Assembly shall appropriate for the school year beginning July 1, 1969, an amount not less than the state's share of the aforesaid $200 per unit allotment.

Section 21. Section 1705, Title 14, Delaware Code, is hereby stricken in its entirety and the following new § 1705 substituted in lieu thereof :

§ 1705. Determination of amount of Division I appropriation; Division III funds

(a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with State supported salary schedules. No state funds, except as provided for in subsection (b) of this section, shall be appropriated to any school district to provide salaries for teachers in excess of one teacher for each unit of pupils in such school district. These funds shall include salaries for as many teachers as the school district shall have certified state units of pupils. No State funds from Division I shall be appropriated to any school district to provide salaries for more teachers than shall actually be employed in such school district.

(b) Any school district may employ additional teachers out of state funds appropriated in Division III Educational Advancement as provided in Section 1304 of this title.

Section 22. Chapter 17, Title 14, Delaware Code is hereby amended by repealing § 1707 thereof and by inserting in lieu thereof a new § 1707 to read as follows :

§ 1707. Division III Educational Advancement; eligibility and funds available for matching; formula; how local share provided; utilization of Division HI funds; local share for fiscal year beginning July 1, 1969

(a) For the fiscal year beginning July 1, 1969, and for each fiscal year thereafter, any school district, which is reorganized under the provisions of Chapter 10 of this title and which provides funds from local taxation for current expenses (i) in excess of basic state appropriations under Divisions I and II of this Chapter, (ii) in excess of local funds required under section

1010 of Chapter 10 of this title, and (iii) in excess of any other State or federal appropriations, shall be eligible for State funds on a matching basis in accordance with the formula set out in this section. Such funds shall be in addition to funds otherwise appropriated by the State of Delaware to school districts under Divisions I and II, as described in this chapter. Such funds shall be known as Division III Educational Advancement.

(b) The formula for determining the sums to be allocated in behalf of Division III shall be as provided in this subsection. The local school district share shall be equal to the school district ability divided by the State average ability times 50 percent times the amount authorized. The State share shall be 100 percent of the amount authorized minus the local school district share, except that in no case shall the State share be less than the equivalent of 10 percent nor more than the equivalent of 90 percent of the amount authorized. In the application of this formula, the following definitions shall apply :

(1) "School district ability" means the total full valuation of all the taxable real property within the school district as of September 30 of the fiscal year preceding the fiscal year for which the Division III funds are appropriated divided by the total number of pupils in the public schools of the school district as of that date.

(2) "State average ability" means the total full valuation of all the taxable real property in this State divided by the total number of pupils in the public schools of the State as of September 30 of the fiscal year preceding the fiscal year for which the Division III funds are appropriated.

(3) "Amount authorized" means two times the total appropriation by the General Assembly for Division III divided by the total number of state units of pupils and multiplied by the number of state units of pupils in the school district excluding vocational units.

(4) "Unit of pupils" means the units specified in Section 1703 of this chapter.

(5) "Total full valuation" means the total assessed valuation of taxable real property as increased by the percentage factor, if any, by which the appraisal used for assessed valuation was reduced in order to obtain the final valuation for assessment purposes.

(6) "Total assessed valuation" means the official total assessed value of taxable real property appearing on the assessment rolls of the appropriate county governing body or bodies, as the case may be.

(c) The local school district share, as determined in subsection (c) of this section, may be provided pursuant to Chapter 19 of this title, or subsections (a) or (b) of this section.

(d) Division III Educational Advancement funds shall be utilized to supplement funds appropriated under Division I and II for the purpose of advancing education beyond the level authorized through the basic appropriations in Division I and II or through any other State or federal appropriations.

(e) For the fiscal year beginning July 1, 1969, in the reorganized school districts, such excess local funds as referred to in subsection (a) of this section as being available for matching may be provided pursuant to Chapter 19 of this title or subsections (a) or (b) of this section by the school boards of the component former school districts which will after July 1, 1969 compose any respective reorganized school district by levying a tax prior to July 1, 1969 in their respective districts in excess of those taxes specified in subsection (a) of this section; provided that each such school board of each component former school district of the respective reorganized school district levies such a tax equivalent to that which could otherwise be levied in its respective district by the school board of the reorganized school district if such tax were levied immediately after reorganization.

Section 23. Section 1708, Chapter 17, Title 14, Delaware Code, is hereby amended by striking out the following words in the form of appropriation at the end of subsection (a)

TOTAL OF DIVISIONS

I and II

and inserting in lieu thereof the following words:

DIVISION III. EDUCATIONAL ADVANCEMENT

TOTAL OF DIVISIONS

I, II and III

Section 24. Section 1709, Title 14, Delaware Code, is hereby amended by adding a new sentence to the end thereof to read as follows :

But nothing contained herein shall prohibit the transfer of Division III funds to Division I to comply with sections 1304, 1705 and 1712 of this title or Division II.

Section 25. Chapter 17, Title 14, Delaware Code, is hereby amended by repealing § 1712 thereof and substituting therefor a new § 1712 to read as follows :

§ 1712. Salaries in excess of State Supported uniform salary schedules

Nothing contained in this chapter shall prevent any local school board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations.

Section 26. Chapter 17, Title 14, Delaware Code, is hereby amended effective July 1, 1969, by adding a new section thereto number § 1717 to read as follows :

§ 1717. Unit of pupils for kindergartens

In the case of kindergartens, "unit" or "unit of pupils" shall mean 50 pupils. Said pupils may be enrolled for one-half school days in groups approximating 25 enrollees each, thus providing that each "unit" represent two instructional groups within the unit of 50. A major fraction shall be considered a unit and shall consist of any fraction greater than one-half of 50. The State Board of Education shall make uniform rules relative to the establishment of kindergartens in the public school districts of the State in accordance with the provisions of this title. No expenditure for the support of children in a kindergarten program pursuant to this section shall be authorized unless that unit and the instructional program shall have been approved by the State Board of Education and the General Assembly shall have appropriated funds specified for this purpose. Division III, Educational Advancement funds may be used for kindergartens notwithstanding the provisions of this section to the contrary.

Section 27. Section 1905, Title 14, Delaware Code, is herby amended, effective July 1, 1969, to read as follows :

§ 1905. Qualified voters

At an election under section 1903 of this title, every person qualified to vote under section 1077 of this title may vote, and the provisions of section 1078, 1079 and 1085 of this title shall apply to such election.

Section 28. Section 2120, Title 14, Delaware Code, is hereby amended, effective July 1, 1969, by repealing subsection (d) thereof and substituting therefor the following subsection (d) :

(d) At any such special election every person qualified to vote under section 1077 of this title may vote, and the provisions of sections 1078, 1079 and 1085 of this title shall apply to such election.

Section 29. Section 2302, Chapter 23, Title 14, Delaware Code, is hereby amended, effective July 1, 1969, by striking the last full sentence thereof beginning with the word "In" and ending with the word "Education."

Section 30. Part I, Title amended, effective July 1, 1969, in its entirety.

Section 31. Part I, Title amended, effective July 1, 1969, in its entirety.

Section 32. Part I, Title amended, effective July 1, 1969, in its entirety.

Section 33. Part I, Title amended, effective July 1, 1969, in its entirety.

14, Delaware Code, is hereby
by repealing Chapter 3 thereof

14, Delaware Code, is hereby
by repealing Chapter 5 thereof

14, Delaware Code, is hereby
by repealing Chapter 7 thereof

14, Delaware Code, is hereby
by repealing Chapter 9 thereof

Section 34. Part I, Title 14, Delaware Code, is hereby amended, effective July 1, 1969, by repealing Chapter 11 thereof in its entirety.

Section 35. Part I, Title 14, Delaware Code, is hereby amended, effective July 1, 1969, by repealing Chapter 25 thereof in its entirety.

Section 36. Any reference in the Delaware Code or in any other law of this State, on and after July 1, 1969 to "School District" or "Special School District' which is not specifically referred to in this Act shall be construed to mean "reorganized school district".

Section 37. Any reference in the Delaware Code or in any other law of this State, on and after July 1, 1969, to "Boards of School Trustees" or "the Board of Education of a Special School District" which is not specifically referred to in this Act shall be construed to mean "school boards of reorganized school districts" or "the school board of a reorganized school district," as the case may be.

Section 38. This Act shall be construed so as not to impair the rights of any bondholder, and all bonds outstanding shall remain in full force and effect according to the terms thereof.

Section 39. If any provision of this Act is held invalid, the other provisions of this Act shall not be affected thereby. If the application of this Act or any .of its provisions to any person or circumstance is held invalid, the application of this Act and its provisions to other persons or circumstances shall not be effected thereby.

Section 40. Nothing contained in this Act shall be construed as repealing any section of Delaware law except as specifically provided in this Act.

Section 41. This Act shall be known as the "Delaware Educational Advancement Act."

Section 42. The provisions of this Act shall be effective upon enactment except as specified in the Act.

Approved June 3, 1968.