CHAPTER 202

AN ACT MAKING A SUPPLEMENTARY APPROPRIATION FROM THE GENERAL FUND OF $1,500,000 TO THE STATE BOARD OF EDUCATION FOR AN EXPERIMENTAL PROGRAM IN CERTAIN PUBLIC SCHOOLS WHERE A SIGNIFICANT PROPORTION OF THE STUDENT POPULATION HAVE BEEN FOUND TO BE TWO OR MORE YEARS BELOW NATIONAL GRADE ACHIEVEMENT LEVELS.

WHEREAS, certain school districts may have significant pockets of underprivileged children who are below the national norm in educational achievement at their respective grade levels; and

WHEREAS, educational administrators in the State suggest that supplementary funds are necessary to support experimental programs intended to overcome the indicated deficiencies, by innovative programs, new teaching methods and techniques, smaller class sizes and other appropriate educational services.

NOW THEREFORE,

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

Section 1. There is hereby appropriated from the General Funds of the State to the State Board of Education the sum of One Million Five Hundred Thousand Dollars ($1,500,000) for the fiscal year beginning July 1, 1968, to be allocated at the rate of Five Hundred Thousand Dollars ($500,000) during each of the school years beginning July 1, 1969, July 1, 1970, and July 1, 1971, as hereinafter prescribed.

Section 2. Of the annual sum of $500,000 not less than $300,000 shall be allocated to the Reorganized School District of the City of Wilmington, and the remaining $200,000 shall be shall be allocated to other Reorganized School Districts in the State outside of the City of Wilmington, where a showing of significant need can be substantiated as determined by the State Board of Education. If any such funds shall not have been allocated to a Reorganized School District by August 1 of each of the three school years, then the State Board of Education may further allocate such unallocated funds to such districts as shall have been approved for funding as hereinafter provided.

Section 3. In order to qualify for the funds herein provided, Reorganized School Districts shall (1) submit to the State Board of Education an application for such funds along with evidence covering the number of pupils in grades three through nine who are two or more years below grade achievement level as measured by a standardized achievement test which is generally acceptable in the education profession, (2) in addition, each Reorganized School District shall submit to the State Board of Education a plan describing how such funds shall be used beginning in grades three through nine, what innovative programs and teaching methods or techniques will be employed and what other educational services will be provided to reduce or eliminate the educational deficit.

Section 4. To be approved for funding by the State Board of Education the Reorganized School District plans shall provide that a sufficient number of control groups shall be established at each grade level to enable a more precise comparison of results of the experimental program with the prevailing program at the end of each of the three school years and at the end of the three year period for the total program.

Section 5. Wherever and whenever experimental programs are created, such experimental programs as well as their counterpart control units shall remain intact to the extent possible for the three school years hereinabove prescribed.

Section 6. The funds hereby appropriated and allocated shall only be used for experimental purposes in Reorganized School Districts in which it is certified by the State Board of Education that no less than 20% of the total pupil enrollment in grades three through nine are two years or more below grade achievement level as measured by standardized achievement tests which are generally acceptable in the education profession.

Section 7. Under no circumstances shall the funds hereby appropriated be used for capital expenditures or to absorb costs of salaries or other expenses currently provided by Reorganized School District taxes used to supplement State funds, but shall be used during the prescribed three school years in addition to currently provided State and local funds, to implement the approved experimental programs, and such additional funds shall be separately accounted for in order that program evaluations may take into account the costs thereof as well as the educational results.

Section 8. Any new personnel employed to implement the experimental programs hereby funded or any new personnel employed to replace existing personnel transferred to the experimental program shall not be covered by the termination and tenure provisions of Chapter 14, Title 14 of the Delaware Code, during the prescribed three school years. If such personnel shall be subsequently employed on a permanent basis, they shall be entitled to credit for past service in the experimental program in accordance with Chapter 14, Title 14 of the Delaware Code.

Section 9. To be approved for funding by the State Board of Education the Reorganized School District experimental plans shall describe the evaluation method, which must include the requirements of Section 4 above, that will be used to measure pupil progress or effectiveness of the program. The results of the evaluation shall be reported at the end of each of the school years to the State Board of Education and shall become a matter of public record.

Section 10. The State Board of Education shall promulgate, publicize and implement such rules and regulations as it deems necessary to carry out the intent of this legislation.

Section 11. Any funds remaining unexpended on June 30, 1972, shall revert to the General Fund of the State.

Approved July 5, 1969.