CHAPTER 120

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 1

AS AMENDED BY HOUSE AMENDMENTS NOS. 1, 2, 3, 4 AND 5

AN ACT TO AMEND DELAWARE CODE, TITLE 14, RELATING TO THE METHOD OF CALCULATING PUPIL UNITS IN ORDER TO DETERMINE THE AMOUNT OF STATE FINANCIAL SUPPORT TO THE PUBLIC SCHOOLS.

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

Section 1. Amend Delaware Code, Title 14, §1704 by adding:

"§1704.A Number of units in a school district; method of calculation; guaranteed number of units

The number of units to be used in determining state financial support in each school district shall be calculated by the State Board of Education each year in the following manner:

(a) The number of units shall be calculated based upon the total enrollment of pupils in each school district as of the last school day of September. The number of units so determined shall be known as the 'actual unit count'.

(a) The actual unit count so determined shall be categorized as follows: kindergarten, elementary (grades 1-6), secondary (grades 7-12), net vocational (vocational units less vocational deduct), and special, according to definitions contained in this title. Each of these categories of units in each school district shall be multiplied by .93 (93%). The product of this multiplication for each category shall be known as the 'guaranteed unit count'. The guaranteed unit counts shall be used by the school districts in planning for the conduct of schools in September of the year following the date of the calculation.

(c) The State Board of Education shall annually (after September 30) certify and report the number of units as required in §1710 of this Chapter, by certifying for each category of unit, whichever is higher at the time of that certification - i.e., the 'actual unit count' for the current year or the 'guaranteed unit count' calculated on the basis of the 'actual unit count' of the previous September.

(d) The initial calculation of a 'guaranteed unit count' shall be determined by the State Board of Education on the basis of the 'actual unit count' for September 1981 and shall be applicable in determining the certified count of units after the last school day of September 1982."

Section 2. In no ease shall the expenditure for additional units to be gained as a result of this Act exceed $550,000 in any single fiscal year.

Section 3. In the event that the total number of units used in determining state financial support under the provisions of this Act is calculated to require an additional expenditure in excess of $550,000 in a fiscal year, then the maximum of $550,000 shall be prorated uniformly on a per unit bask among all eligible school districts.

(a) The implementation of this Section shall be subject to specific annual appropriation in the annual operating budget.

Section 4. The provisions of this Act shall take effect iinmediately upon its enactment into law.

Approved July 7, 1981.