CHAPTER 380

FORMERLY

HOUSE BILL NO. 558

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

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

Section 1. Amend § 1056(a)(2), Title 14 of the Delaware Code by inserting the word ", pools" after the phrase "playground equipment" and before the phrase "and scoreboards.".

Section 2. Amend § 1056(c), Title 14 of the Delaware Code by striking the phrase ", and subject to approval by the Department of Education" as it appears at the end of said Subsection.

Section 3. Further amend § 1056(c), Title 14 of the Delaware Code by inserting the phrase "and school equipment" after the phrase "school property" wherever said phrase appears in said Subsection.

Section 4. Amend § 1056(d), Title 14 of the Delaware Code by deleting the phrase "(1) through (4)" as it appears therein and by inserting in lieu thereof the phrase "(1) through (3)".

Section 5. Further amend § 1056(d), Title 14 of the Delaware Code by deleting Subsection (4) in its entirety.

Section 6. Amend § 1056(e), Title 14 of the Delaware Code by deleting said Subsection in its entirety and inserting in lieu thereof a new Subsection (e) to read as follows:

"(e) A local school board may permit the use of school property or school equipment under its jurisdiction free of charge for any school-sponsored organization such as Parent Teacher Organizations, as well as specified non-profit organizations (including any youth group designated in Title 36 of the United States Code as a patriotic society). A local school board may also permit the use of school property or school equipment under its jurisdiction free of charge for any specified governmental agency. In order to be eligible to use school property and school equipment free of charge, a school-sponsored organization, a specified non-profit organization, or a specified governmental agency must be individually designated and approved by the local school board and must comply with all other building use policies approved by the local school board. A local school board may, however, adopt a policy charging school-sponsored organizations, non-profit organizations and governmental agencies for costs incurred in excess of normal operations. Other organizations, including for-profit organizations, which receive approval to use school property and/or school equipment, shall be charged an amount at least equal to the costs incurred in excess of normal operations. Such costs shall be determined by the local school board, and shall include custodial salaries, other employment costs, heat, lighting and other identifiable operational costs. It shall be the local school board's responsibility to calculate these costs so that all excess costs are recovered, and to maintain appropriate documentation of such calculations, which shall be subject to audit. Any fee schedule developed by the local school board shall be in accordance with the provisions of this Title and Title 29 of the Delaware Code. All such fees collected by a local school board shall be retained by the school district to be used as local funds for any permissible educational purpose.".

Section 7. Amend § 1056(g), Title 14 of the Delaware Code by striking the phrase ", subject to approval by the State Board of Education." as it appears at the end of said Subsection.

Approved July 08, 2002