CHAPTER 142

FORMERLY

SENATE BILL NO. 287

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE BY PROVIDING A UNIT FOR GIFTED AND TALENTED PUPILS AND AUTHORIZING STAFF OR SERVICES OR MATERIALS FOR SUCH UNITS IN PUBLIC SCHOOLS; AND FURTHER PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 17, of Title 14, Delaware Code by adding thereto a new section to read as follows:

"§1717. Gifted or Talented Unit and Funding

(a) 'Gifted or talented unit' is defined for funding purposes as one (1) funding unit for each six hundred (600) enrollees in a school district, grades K through 12 excluding enrollees counted in certified units for handicapped persons. Districts shall qualify for partial funding for a gifted or talented unit for a fractional part of six hundred (600) authorized pupils enrolled.

(b) Each pupil may be counted only once in a district or districts. For pupils who attend schools in more than one district during each school day, the pupil is to be counted in each school district for the portion of the day that he or she is in attendance there.

(c) 'Gifted or talented units' shall include pupils meeting the criteria set forth in this Title, Chapter 31, as further defined according to rules and regulations of the State Board of Education.

(d) Funds appropriated in support of this unit may be used for expenditures under Division I or Division H for the purchase of services from persons or agencies or for the purchase of supplies to be used in the teaching of the gifted or talented pupils only, upon the decision of a school district board of education to use the funds for that purpose in substitution for the employment of a teacher.

(e) The dollar value of this unit when applied to the employment of a teacher shall be as provided in this Title, but when applied as herein described for services or supplies and materials shall be the number of dollars set in the State supported salary schedule for a teacher holding a Master's Degree with ten (10) years of experience and employed for ten (10) months. The calculation of this funding shall be for the current school year. Expenditures on behalf of this unit when used for the purchase of services, supplies, or materials shall be up to, but not in excess of, the amount herein authorized.

(f) Funding authorized by this section shall be used to supplement regular school programs, and may provide that the assignment of 180 pupil days and 185 employment days described in this Title, S1305(c) be assigned during any of the months of a 12 month fiscal year beginning July 1.

(g) Any school district wishing to use funds under any of the options set forth in this section shall make application to the State Board of Education for that use. The application shall indicate that these funds are being used to supplement programs in the school district and that their use will not supplant personnel, services, supplies or materials provided from local funding sources during fiscal year 1979.

(h) The introduction and implementation of this unit for funding purposes for Fiscal Year 1980 shall be one-sixth (1/8) of the calculated units (ratio 1/3600). Funding for introduction and implementation of this unit after Fiscal Year 1980 shall be as hereafter provided for by law."

Section 2. In order to carry out the provisions of this Act during Fiscal Year 1980 an amount of Four Hundred Sixty-five Thousand Four Hundred Dollars ($465,400) is appropriated to the State Board of Education for distribution to the school districts of the State.

Section 3. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Section 4. The funds herein appropriated remaining unexpended as of June 30, 1980 shall revert to the General Fund of the State of Delaware.

Approved July 12, 1979