CHAPTER 340

FORMERLY

SENATE BILL NO. 401

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ALTERNATIVE EDUCATIONAL FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 16, Title 14 of the Delaware Code by adding a new section to read as follows:

§ 1604A. Site selection for alternative educational facilities.

(a) New alternative school programs funded on or after July 1, 2002 or alternative school programs except for those located on school property currently funded pursuant to § 1604 of this Title that change locations on or after July 1, 2002 shall be subject to the following process:

(1) The school district or consortium of school districts shall notify by mail the Secretary of Education and every property owner located within 200 feet of the site’s boundary lines that there is a plan to establish an alternative educational facility for children exhibiting discipline problems on the site. The notice must include the date, time, and location of an informational meeting that will explain the details of the site, facility, and program plans.

(2) The school district or consortium of school districts shall notify city council members and state legislators who represent residents of the school district in which the proposed site is located, and the chief elected official of the county and town or city in which the proposed site is located of the time, date, and location of the informational meeting. Further, the school district or consortium of school districts shall publish public notice of the time, date, and location of the informational meeting once a week for 2 weeks in a newspaper in general circulation in the school district of the proposed site selection.

(3) Written comments shall be directed to the Superintendent of the district in which the facility is to be located within 10 business days of the informational meeting.

(i) If there are objections to the proposed site by at least 5 citizens who reside within 200 feet of the site, or by at least 25 citizens who reside within the school district in which the site is located, the local school board shall hold a special public meeting to consider the concerns of the community and the responses of the school district or consortium of school districts proposing the facility site.

(ii) The local school board shall take action on the proposed site at its next regularly scheduled meeting after the informational meeting or special public meeting, whichever occurs last. The decision by the local school board is final and not subject to appeal.

(b) This section does not apply to a facility site that is located in a public school building or on the grounds of a public school building, or land owned by a reorganized school district, vocational-technical school district, or charter school.”

Approved June 30, 2002