HOUSE BILL NO. 1198
AN ACT TO AMEND CHAPTER 6, TITLE 14, DELAWARE CODE AS IT RELATES TO STUDENTS TRANSFERRING FROM ONE PUBLIC SCHOOL DISTRICT TO ANOTHER.
WHEREAS, there is already an established statutory pattern for student transfers between four New Castle County school districts, subject to approval of the school board of the receiving district but not the school board of the sending district; and
WHEREAS, the four districts between which such transfer is permitted are among the eleven districts directly affected by the May 19, 1976 Opinion and the June 15, 1976 Order of the United States District Court for the District of Delaware in the case of Evans v. Buchanan. Civil Action Nos. 1816-1822; and
WHEREAS, the General Assembly believes it will serve the interest of the people and of the State to enact partial remedial legislation by providing for transfer between all eleven school districts directly affected by the Opinion in Evans v. Buchanan under the procedure presently applicable to the four school districts; and
WHEREAS, such legislation may serve both the school system and the students and citizens of the State well in that it will afford an opportunity to ascertain more information about the desires and needs of the students and citizens in acquiring a quality education, and provide more data on the results of increased integration in our school system.
Section 1. Amend §602(a), Chapter 6, Title 14,
Delaware Code by striking in its entirety the first sentence of said §602(a) and by substituting in lieu thereof a new first sentence of said §602(a) to read as follows:
"Except in the cases provided for in §603(c) of this Chapter, no pupil shall be transferred from one school district to another school district without the written approval of the School Board of both the sending and receiving districts."
Section 2. Amend §603(c), Chapter 6, Title 14,
Delaware Code by striking in its entirety said subsection (c) and by substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Any student who resides in the Alexis 1. du Pont School District, the Alfred 1. du Pont School District, the Claymont School District, the Conrad Area School District, the De La Warr School District, the Marshallton-McKean School District, the Mount Pleasant School District, the New Castle-Gunning Bedford School District, the Newark School District, the Stanton School District, or the School District for the City of Wilmington, may attend a school in any of the other of said school districts provided (a) he shall have submitted an application on or before August 1 of 1976 or July 1 of any subsequent calendar year, to the school district in which he desires to attend school and (b) said school district to which he applies approves said application on or before August 20, 1976, in the case of application made on or before August 1, 1976, and on or before August 1 of the same calendar year in which the application is made, in the case of any calendar year subsequent to 1976. A school district which approved such application shall, at the time it notifies the applicant of its approval, send written notification of the approval to the school district in which the applicant last attended school. Transporation for students transferred under the provisions of this subsection shall be provided in accordance with Rules and Regulations adopted or to be adopted by the State Board of Education pursuant
to authority already given to it by the laws of the State of Delaware."
Approved June 25, 1976