CHAPTER 483

FORMERLY

SENATE BILL NO. 429

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC EDUCATION.

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

Section 1. Amend § 1704, Title 14, Delaware Code to strike subdivisions (1)-(5) and to replace them with the following new subdivisions:

"(1) 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 total number of units by school district so determined shall be known as the 'actual unit count'; provided, however, that any units later disallowed by the Department or the State Auditor shall be deducted from that actual unit count for purposes of calculating the guaranteed unit count in accordance with subdivision (2) of this section.

(2) The actual unit count as determined in subdivision (1) of this section shall be multiplied by 1.0 and the product shall be known as the 'guaranteed unit count.'

(3) The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title, by certifying for each school district whichever is the greater of the following:

a. The actual unit count for the current school year; or

. The guaranteed unit count calculated using the actual unit count for the immediately preceding school year.

(4) Each local school board shall allocate Division I units to schools in its district such that as of the last school day of October each school receives not less than 98% of the Division I units it generates as a result of the actual unit count. A local school board may waive this subsection after voting to waive it at a public meeting noticed for that purpose. Any local school board seeking such a waiver shall do so on or before December 1st of each year. Notice for such a meeting shall be placed in the local newspaper for two consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative, and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the local school board. Notice of any approved waiver shall be sent to the same persons."

Approved July 20, 1998