SENATE BILL NO. 796
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT PROVIDING FOR THE INTERIM SCHOOL BOARD MANDATED BY THE MAY 19, 1976 OPINION AND THE JUNE 15, 1976 ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN EVANS v. BUCHANAN, CIVIL ACTION NOS. 1816-1822, TO CONSIST OF THIRTEEN MEMBERS.
WHEREAS, the United States District Court for the District of Delaware, in open Court on June 15, 1976 in a hearing on the form of Order to be entered pursuant to the May 19, 1976 Opinion in Evans v. Buchanan, Civil Actions Nos. 1816-1822, with regard to the size of the Interim Board mandated by the Opinion, stated that it is not "foreclosing" the General Assembly from providing for an Interim Board of larger numbers and that "It seems to us that the arguments about the size of the interim and permanent board should really to addressed to the General Assembly"; and
WHEREAS, at the same Hearing, the Court responded to an argument that a five-person Interim Board would result in between thirty and forty-seven per cent of the students being unrepresented on such a Board by stating, "Well, the Legislature can change that"; and
WHEREAS, the interest of the people and the State will be better served and the Interim Board will be more representative and more democratically determined by increasing the size of the Board to thirteen members to be selected by the school districts directly affected by the Court's Opinion of May 19, 1976 and Order of June 15, 1976; and
Order thereon dated June 15, 1976, the General Assembly can provide for such a Board;
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. The Interim Board mandated 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 Actions Nos. 1816-1822, shall consist of thirteen members who shall at the time of their appointment be members of the school board which appoints them. There shall be two members appointed by the school board for the City of Wilmington School District, two members appointed by the Newark school board and one member each appointed by the school boards of the Alexis I. duPont School District, the Alfred I. duPont School District, the Claymont School District, the Conrad Area School District, the DeLaWarr School District, the Marshallton-McKean School District, the Mount Pleasant School District, the New Castle-Gunning Bedford School District and the Stanton School District.
Section 2. The State Board of Education shall by rule and regulation or directive provide the mechanics and timing for the selection by each of said school districts or boards of its original member or members on such Interim Board and shall provide for the Interim Board to be organized with sufficient speed to allow the duties assigned to the Interim Board by the Court's Opinion and Order to be made within a time frame which will allow review by the State Board of Education.
Section 3. The State Board of Education shall provide for the tenure of each of the original members of the Interim Board. The original members shall all have terms beginning on a date specified by the State Board of Education, and each original member shall have a term ending either one, two, three, four or five years from such beginning
date, provided that, no more than three original members shall have a term lasting the same number of years. The term of each successor to each original member shall be five years, except in the case of vacancies which are filled, in which case the provisions of Sections 4 or 5 hereof, as the case may be, shall apply. The terms of all members or of any member of the Board may be later lengthened or shortened by legislation.
Section 4. If a member of the Interim Board ceases to be a resident of the school district from which he has been appointed to the Interim board, he shall thereupon cease to be a member of the Interim Board.
Section 5. A vacancy in the Interim Board for any cause other than the expiration of term shall be filled by the school board of the district whose representative has left the Interim Board thereby creating the vacancy. The term of the new member shall conclude at the time specified for the member he is replacing.
Section 6. The existing boards of the City of Wilm-
ington School District, the City of Newark School District, the Alexis I. duPont School District, the Alfred I. duPont School District, the Claymont School District, the Conrad Area School District, the DeLaWarr School District, the Marshallton-McKean School District, the Mount Pleasant School District, the New Castle-Gunning Bedford School District and the Stanton School District shall assist in the transfer of authority, and shall be liable together with the State Board of Education for the expenses or the New Board or its successor or successors, until such time as the New Board or its successors receive taxing authority; the expenses of the Interim Board shall be borne by the existing boards of the said eleven school districts and by the State Board of Education; the contribution of the existing Board of each of the said eleven school districts being assessed in proportion to the ratio which the assessed value of taxable property in that present school district bears to the total aggregate assessed value of taxable property in all of the eleven
districts; provided, however, that each existing local board's contribution shall be reduced from the aforesaid sum by virtue of the required contribution of the State Board of Education, which contribution shall equal the largest contribution required from any of the local boards.
Approved June 25, 1976