CHAPTER 335

FORMERLY

HOUSE BILL NO. 187

AS AMENDED BY

SENATE AMENDMENT NO. 3, HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 5

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE NEIGHBORHOOD SCHOOLS ACT OF 2000.

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

Section 1. Amend Title 14, Section 223 of the Delaware Code by adding a new subsection (i) to read as follows:

"(i) Notwithstanding any requirement of this subchapter, no district shall be required to submit or implement any Neighborhood School Plan, for grades 6 – 12 if the district shall, for the 2002-2003 school year, enroll forty percent (40%) or more of its students through the School District Enrollment Choice Program ('Choice Program') established in Chapter 4 of this Title. For any district not meeting this test in the 2002-2003 school year, that district may qualify for this exemption by demonstrating that it has enrolled forty percent (40%) of its students through the Choice Program in the immediately preceding school year."

Section 4. Notwithstanding any provision to the contrary, the State Board of Education may consider a district’s plan up to a maximum of three times.

Approved July 12, 2004