CHAPTER 74

FORMERLY

HOUSE BILL NO. 154

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 29, TITLE 14 OF THE DELAWARE CODE RELATING TO TRANSPORTATION OF PUPILS.

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

Section 1. Amend §2908, Chapter 29, Title 14, Delaware Code, by adding a new subsection (d) that reads as follows:

"(d) (1) The State Board of Education is authorized to obtain from all contractors currently providing pupil transportation a letter of commitment to provide such service for the following school year. Such letters shall be signed by the contractor and shall legally bind the contractor to provide pupil transportation service in the following school year contingent upon the enactment into law of the succeeding fiscal year's Budget Appropriation Act. A contractor shall not be bound by its letter of commitment should the final Budget Appropriation Act include an inflation factor for the school transportation formula that is less than the inflation factor included in the Governor's Proposed Budget presented in January of that year.

(2) Failure to sign a letter of commitment shall be interpreted to mean that the contractor does not wish to continue providing pupil transportation services and that an alternative provider shall be found to assume the responsibilities of the existing contractor for the next school year.

(3) The letter of commitment shall be considered an offer of renewal as referenced in subsection (a) of this section. The provisions of subsection (b) of this section shall apply to contracts that expire due to the failure of a contractor to sign a letter of commitment.

(1) The State Board of Education is hereby authorized to obtain letters of commitment on or before August 1, 1991, for the school year 1991-1992. In all subsequent years the State Board of Education is authorized to obtain letters of commitment on or before May 1st."

Approved July 1, 1991.