CHAPTER 16

FORMERLY

HOUSE BILL NO. 214

AN ACT TO AMEND DELAWARE CODE, TITLE 14, AS IT RELATES TO SCHOOL DISTRICTS CREATED BY DIVISION OF A SCHOOL DISTRICT CREATED BY ORDER OF A FEDERAL COURT.

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

Amend Delaware Code, Title 14, §122 by adding to that section a new subsection (c) as follows:

"(e) Notwithstanding anything to the contrary in this title, the State Board of Education has the power and authority to and may, by rule, regulation or order, direct, compel, order and require any school district or school districts created as a- result of a division of a school district pursuant to subsection (k) of §1028 of this title, alone or in eonjunction with other school districts similarly created, to (1) establish and maintain a pupil assignment plan which complies with the federal Court order or orders creating the school district divided pursuant to subsection (k) of §1028 of this title, (2) assign specific grades to specified schools for the purpose of ensuring that the school districts created pursuant to subsection (k) of §1028 of this title individually and collectively comply with the Federal Court order or orders creating the school district divided in accordance with subsection (k) of §1028 of this title, (3) utilize at least one specific building within the former Wilmington or DeLaWarr School Districts as a 10-12 grade center, (4) house and administer a bilingual program for qualified pupils of Hispanic background, (5) exercise statutory powers pursuant to Chapter 8 of this title to provide for the transfer of qualified bilingual students and to raise, pay and/or accept the tuition payments necessary for such transfers, and (6) take such other action as is necessary to comply with any Federal Court order or orders creating the school district divided pursuant to subsection (k) of §1028 of this title; and the State Board of Education further has the right, power, authority and standing to have its rules, regulations and orders in these respects enforced by and through appropriate judicial proceedings. All local school districts created by the division of any school district created by a Federal Court order or orders shall be bound by and comply with all rules, regulations and orders of the State Board of Education encompassed under this subsection (c)."

Approved May 14, 1981.