CHAPTER 173

FORMERLY

SENATE BILL NO. 17

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, SUBCHAPTER 1, TITLE 14, DELAWARE CODE RELATING TO STATE BOARD OF EDUCATION COMPOSITION, ORGANIZATION AND ADMINISTRATION.

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

Section 1. Amend Section 101 (b), Title 14, Delaware Code by striking the subsection in its entirety and substituting in lieu thereof the following:

(b) The Board shall be composed of seven members who shall be appointed by the Governor and confirmed by the Senate from the citizens of the State. The Governor shall name the president of the Board who shall serve at his pleasure. Each of the remaining members of the Board shall be appointed to serve for six (6) years and until his successor qualifies.

Section 2. Amend Section 101 (c), Title 14, Delaware Code by striking the subsection in its entirety and inserting in lieu thereof the following:

(c) The members of the Board shall be appointed solely because of their character and fitness subject to the following qualifications: at least four (4) members of the Board shall have had prior experience on a local Board of Education; no more than four (4) members of the Board shall belong to the same political party; no person shall be eligible to appointment who has not been for at least five (5) years immediately preceding his appointment a resident of this State; and no person shall be appointed to the Board who is in any way subject to its authority.

Any member of the Board shall be eligible for reappointment unless otherwise disqualified by the provisions of this title. In constituting the Board the president shall be appointed from the State at large, but the appointments of the remaining six (6) members shall be made so that there shall always be on the Board at least one resident of the City of Wilmington, three residents from New Castle County outside the City of Wilmington, one from Kent County and one from Sussex County.

Section 3. Amend Section 102, Title 14, Delaware Code, by striking the section in its entirety and substituting in lieu thereof the following:

Section 102. Staggered appointments to State Board of Education. Present members of the Board serving at the effective date of the Act shall serve for the balance of the term of their appointment, but for the year beginning July 1, 1973 and each year thereafter through July 1, 1975 one Board member shall be appointed for a term of six (6) years and one for the term of three years. For the year beginning July 1, 1976 and each year thereafter one Board member shall be appointed for a term of six (6) years.

Section 4. Amend Section 104, Title 14, Delaware Code by striking the section in its 'entirety and inserting in lieu thereof the following:

The Board shall hold an annual meeting each year, at its office, during the month of July. At this meeting the Board shall each year elect one of its members to serve as Vice-President. Other meetings shall be held at times and places as the duties and business of the Board require. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole Board.

Section 5. The effective date of this Act shall be July 1, 1973.

Approved July 11, 1973.