CHAPTER 56

AN ACT TO AMEND SECTIONS 1004 AND 1010, TITLE 14, DELAWARE CODE, BY PROVIDING ADDITIONAL REQUIREMENTS FOR ANY PLAN OF REORGANIZATION OF SCHOOL DISTRICTS.

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

Section 1. Section 1004, Title 14, Delaware Code, is amended by adding a new subsection (d) to read as follows:

(d) Notwithstanding (b) and (c) of this section (if 25% of the qualified voters in a superimposed high school district ordered to consolidate by the State Board of Education before July 1, 1969 or the high school board for such prospective consolidated district petition the State Board of Education for a referendum to divide such superimposed high school district, it shall be granted within 5 days by the State Board of Education with the following limitations:

(1) The petition must clearly state the dividing line being proposed through the superimposed high school district;

(2) The superimposed high school district may not be divided into more than two 1 through 12 grade school districts;

(3) Each new 1 through 12 grade school district to be created by the division must have a minimum enrollment in grades 1 through 12 of 4,000 pupils in total;

(4) The interim board in the area of the superimposed high school district shall proceed to hold the referendum as soon as possible consistent with the provisions of Section 1028 of this Title as if the district already were a reorganized school district.

(5) Section 1006 (a) and (b) and Section 1028 (b), (d), (f), (g) and (i) of this Title shall determine the division of property, indebtedness and obligations of any superimposed high school district divided by referendum;

(6) School boards of the new districts created by division of a superimposed high school district under this section shall be constituted as provided under Section 1061 of this Title. Such newly constituted boards shall determine the names of their respective school districts with the approval of the State Board of Education.

(7) School boards of the new districts created by division of a superimposed high school district under this section may set a tax rate under the provisions of Section 1010 of this Title except that in no case shall the school board of such newly constituted school district levy a real estate tax for its operational budget for the fiscal year July 1, 1969-June 30, 1970 in excess of $1.60 per hundred dollars of assessed valuation;

(8) The districts formed by a division of a superimposed high school district, which is co-terminus with the perimeter of its elementary districts, and which districts offer grades 1 through 12 (after the division of the superimposed high school district and its two parts have combined with the elementary districts over which they are superimposed) under this section shall become reorganized school districts under this Title.

Section 2. For purposes of this Act, Section 1010 (e), Title 14, Delaware Code, is amended by striking the date "April 1, 1969" where it appears therein and inserting in lieu thereof "May 25, 1969."

Approved April 30, 1969.