CHAPTER 6

AN ACT TO AMEND CHAPTER 11, TITLE 14, DELAWARE CODE RELATING TO CHANGE IN BOUNDARIES OF SPECIAL SCHOOL DISTRICTS AND SCHOOL DISTRICTS.

WHEREAS, it has been determined that certain minor school district boundary changes in some rural areas of the State may become advisable before the district consolidation provisions of the Educational Advancement Act are promulgated, to insure the safety and well-being of the school children affected;

NOW, THEREFORE,

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

Section 1. Section 1106, Chapter 11, Title 14, Delaware Code, is hereby repealed and the following new Section 1106 is enacted in lieu thereof:

§ 1106. Procedure for changing special school district boundaries

(a) Before the boundaries of a Special School District shall be changed, not fewer than 25 per cent of the number of qualified voters, as defined under Section 314 of this title, and the provisions of Sections 315 and 316 of this title, within the territory to be added to or taken from such Special School District, shall request over their signatures that the State Board of Education change the boundaries. Following consultation with the School Boards of the districts affected by the proposed change, the decision of the State Board of Education with respect to any such transfer request shall be final.

(b) All obligations of the original district evidenced by bonds shall be prorated based on the ratio of the assessed value of the property within the territory transferred to the total assessed value of the property within the district and such share of the obligations at the time of transfer shall be paid by the transferee district on or before November 1 of each year until such bonds and interest thereon are paid in full. The State Board of Education shall furnish a schedule of payments to each district affected.

Section 2. Section 1107, Chapter 11, Title 14, Delaware Code, is hereby repealed and the following new Section 1107 is enacted in lieu thereof:

§ 1107. Procedure for changing school district boundaries

(a) Before the boundaries of a School District shall be changed, not fewer than 25 per cent of the number of qualified voters, as defined under Section 314 of this title, and the provisions of Sections 315 and 316 of this title, within the territory to be added to or taken from such School District, shall request over their signatures that the State Board of Education change the boundaries. Following consultation with the School Boards of the districts affected by the proposed change, the decision of the State Board of Education with respect to any such transfer request shall be final.

(b) All obligations of the original district evidenced by bonds shall be prorated based on the ratio of the assessed value of the property within the territory transferred to the total assessed value of the property within the district, and such share of the obligations at the time of transfer shall be paid by the transferee school district on or before November 1 of each year until such bonds and interest thereon are paid in full. The State Board of Education shall furnish a schedule of payments to each district affected.

Section 3. The provisions of, and procedures prescribed within, Sections 1 and 2 hereof shall terminate on June 30, 1969, after which the appropriate provisions of the Educational Advancement Act (H.B. 438-1968) shall prevail.

Approved January 31, 1969.