CHAPTER 260

FORMERLY

SENATE BILL NO. 318

AS AMENDED BY HOUSE AMENDMENT NOS. 2, 4 AND 5

AN ACT TO AMEND CHAPTER 10, TITLE 14, DELAWARE CODE, RELATING TO CHANGING THE BOUNDARIES OF REORGANIZED SCHOOL DISTRICTS.

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

Section 1. Amend §1026, Chapter 10, Title 14, Delaware Code by

re-designating the current Subsection (d) and Subsection (e) and by adding thereto a new Subsection (d) to read as follows:

"(d) Notwithstanding the provisions of subsections (b) and (c) of this section, the State Board of Education may change or alter the boundaries of any reorganized school district if a written request for such change or alteration is signed by at least three-quarters of the owners of the real property to be transferred and a special referendum of the qualified voters of the area to be transferred is held and a majority of the total vote cast by said qualified voters approve the question of the change of boundary. The referendum shall be held within 30 days of the public hearing required by this section. The referendum shall be conducted by the school district to which the area may be transferred. Any person who is a resident of the area to be transferred may vote. Changes or alterations under this subsection may only be approved by the State Board if the real property being transferred is contiguous to the reorganized school district to which the transfer is requested. Furthermore, prior to ordering a change or alteration of a school district boundary under this subsection, the State Board shall conduct a public hearing on the request. The hearing shall be advertised at least once a week for two consecutive weeks in a newspaper published or circulated in each county of the State. Such advertising shall occur at least 20 days prior to the public hearing on the proposed boundary change or alteration. In its decision and order to change or alter a school district boundary under this subsection, the State Board of Education shall specify a transition plan, which will provide for the orderly reassignment of pupils affected by the boundary change. Such transition plan may permit pupils to continue their attendance at the school they attended prior to the boundary change, with tuition payments by the sending district as provided in Chapter 6 of this Title, until such time as the pupils complete the grade levels offered in that school. The authority of the State Board of Education to act under the provisions of this subsection shall terminate on January 1, 1994."

Approved June 12, 1992