CHAPTER 242

FORMERLY

HOUSE BILL NO. 465

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM.

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

Section 1. Amend § 407(a)(1), Title 14 of the Delaware Code, by striking the period (.) at the end of Paragraph 1 as it appears therein and by substituting in lieu thereof the following:

", provided, however, that upon the concurrence of the boards of both the district of residence and the receiving district, a pupil's right to remain enrolled may be terminated prior to graduation from or completion of the program where such termination is based upon the pupil's i) failure to continue to comply with the receiving district's requirements for attending school or class, or ii) multiple violations of, or one or more serious violations of, the receiving district's student code of conduct".

Section 2. Amend § 407(a)(2), Title 14 of the Delaware Code, by striking Paragraph 2 in its entirety as it appears therein and by substituting in lieu thereof the following:

"(2) A pupil accepted for enrollment in a school or program pursuant to this chapter shall remain enrolled therein for a minimum of 2 years unless, during that 2 year period,

(a) the pupil graduates from the school or completes the program,

() the pupil's parent or parents cease to be residents of the pupil's original district of residence;

(a) at the conclusion of any academic year during such 2 year period, the pupil ceases to meet the academic requirements for such school or program;

(b) if daycare was indicated on the relevant choice application as a reason for seeking enrollment, or if daycare was a reason for granting priority to consideration of or granting of the relevant choice application, and the pupil ceases to attend the daycare referenced in the application; or the provider of daycare services to the pupil ceases doing business or relocates to a location so distant from the original location as to render the original combination of daycare and choice enrollment no longer reasonably practicable for the pupil or the parent(s) of such pupil; or

(e) the board of the district of residence, the board of the receiving district, and the parent(s) of the pupil agree for any reason to terminate such enrollment.

(f) The provisions of (a), (b), (c), (d), and (e) above shall apply unless the receiving district, at its sole discretion, agrees to maintain a child in a choice placement."

Section 3. Amend § 408, Title 14 of the Delaware Code, by adding a new subsection to read:

"(j) In the event of any mid-year termination of a pupil's enrollment under the provisions of this chapter, nothing contained in this section shall prevent the district of residence and the receiving district from entering into an agreement providing for the pro-ration of student funding between or among the district of residence, the receiving district, a successor district of residence and/or a successor receiving district".

Section 4. Amend § 403(a), Title 14 of the Delaware Code, by striking Subsection (a) in its entirety as it appears therein and by substituting in lieu thereof the following:

"(a) Any parent of a school age child may apply to enroll his or her child in a school or program in a receiving district by submitting a written application, on a form provided by the State Board of Education, to the receiving district and to the district of residence on or before the second Wednesday in January for enrollment during the following school year in a program in grades 1 through 12, or on or before the first day of the school year for enrollment in a kindergarten program during that school year.".

Section 5. Amend § 403(b), Title 14 of the Delaware Code, by striking the phrase "or if the application is to enroll a child in a kindergarten program," as it appears therein.

Section 6. Amend § 402(d), Title 14 of the Delaware Code, by striking the phrase "a similar set of circumstances consistent with this definition of 'good cause'." as it appears therein and by substituting in lieu thereof the phrase "a set of circumstances consistent with this definition of 'good cause'.".

Section 7. Amend § 405(b), Title 14 of the Delaware Code, by striking the word "Each" as it appears as the first word therein and by substituting in lieu thereof the phrase "Prior to the applicable application deadline established in § 403(a), each".

Approved February 10, 1998