CHAPTER 491

FORMERLY

HOUSE BILL NO. 431

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2 AND 3 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 10, TITLE 14, DELAWARE CODE, RELATING 10 REORGANIZATION OF SCHOOL DISTRICTS.

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

Section 1. Amend §1028(k)(12), Title 14. Delaware Code by striking it in its entirety and by substituting in lieu thereof the following:

"The boundaries of school districts divided according to this subsection shall he established in accordance with § 1066A of this title,"

Section 2. Amend § 1066, Title 14. Delaware Code by striking subsection (e) in its entirety.

Section 3. Amend Chapter 10, Title 14, Delaware Code by adding thereto a new §1066A to read as follows:

"§ 1066A. Elections to the School Boards of the 13randywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District,

(a) Notwithstanding anything contained in this chapter to the contrary. members of the School Boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall he elected by the procedures described herein. Elections shall be conducted in accordance with §§1071-1085 of this title, provided, however, that:

(1) The number of members for each of the School Boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be seven (7).

(2) The term of office for members of the School Boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be five (5) years. All terms shall end on June 30 and the terms shall be staggered so that no more than two terms in any school district ends on any June 30. Any vacancy shall be filled for the remainder of the unexpired term.

(3) The Brandywine School District: the Christina School District, the Colonial School District and the Red Clay Consolidated School District (the "Districts") each shall be divided into seven (7) nominating districts to be denominated districts A through G and to be denominated on the basis of their geographical proximity (i.e., district A shall be as contiguous as practicable with district B and so forth).

(4) Candidates for the School Boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be nominated in accordance with §1075 of this title, except that a nominee must be a resident of the nominating district for the seat he or she seeks.

(5) A nominating petition in support of any nominee for a representative district scat may be signed by any resident of that nominating district qualified to vote in the election.

(6) All members of the School Boards of the Brandywine School District. the Christina-School District, the Colonial School District and the Red Clay Consolidated School District shall he elected by the qualified voters of the respective Districts. To vote in a district election. a voter must he qualified pursuant to §I077 of this chapter No voter may vole for more than one candidate.

(b) The nominating districts shall be drawn by the State Election Commissioner. subject to the approval of the County Board of Election and the State Board of Education. On or before January 1. 2002, the Commissioner shall draw the seven (7) districts for each of the Brandywine School District, the Christina School District. the Colonial School District and the Red ('lay Consolidated School District so that the nominating districts shall encompass an area in which approximately one-seventh (1/7) of the total population of each District is resident. Each representative district shall. insofar as is possible' (i) be formed of contiguous territory: (ii) be nearly equal in population: (iii) be hounded by major roads. streams or other natural boundaries; and (iv) not be created so as to unduly favor any person. The data base for the determination of population in residence shall be census -data from the United States Census of 2000. The Controller General's Office shall provide the Election Commissioner with its assistance upon the request of the Commissioner.

(1) Not later than the 1st day of January of the year ending in two (2) in each subsequent decade (e.g.. 2012). the Commission shall reapportion the school hoard nominating districts using the most recent United States census data so that the nominating districts are reapportioned . in time for the elections beginning in the next year The subsequent reapportionments shall comply, insofar as possible. with the criteria identified in subsection (b) of this section.

(2) The Commissioner shall also establish flu each District the sequence in which elections held pursuant to this section shall occur I o the extent consistent with the redistricting criteria set forth in subsection (b) of this section, the Commissioner shall endeavor to designate the new nominating districts and to sequence the elections so that the elections for particular nominating district seats occur in the year of the expiration of the terms of the incumbent hoard member(s) whose nominating district(s) prior to the most recent reapportionment most closely conform to the newly reapportioned nominating districts).

(3) The Commissioner shall, in addition to drawing the nominating districts, establishing the sequence for elections, and reapportioning the nominating districts each decade, act as a continuing advisory resource for the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District in implementing the election system established 1)y this section. The Commissioner may propose such recommendations as it deems necessary to ensure fair and efficient school board elections in the Brandywine School District, the Christina School District. the Colonial School District and the Red Clay Consolidated School District.-

Section 3. Terms of Seated Members Not Affected. Notwithstanding this Act, each seated member of the School Boards of the Brandy wine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District as of January 1, 2002 shall serve the remainder of his or her term of office.

Section 4. Effective Date. Sections 1 and 2 of this Act shall become effective January 1, 2002 The provisions of Section 3 of this Act shall become effective on the date of enactment provided, however, that the current nominating districts and Delaware Code provisions shall be used for elections until the elections to be held in May of 2002.

Approved July 11, 1996