CHAPTER 16

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 69

AN ACT CREATING A PUBLIC EDUCATION CLASSROOM INSTRUCTION FUND, MAKING A SUPPLEMENTAL APPROPRIATION FOR SUCH PURPOSES AND SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS.

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

Section 1. There is hereby created a special fund within the Budget Office Contingency and One-Time Account (10-02-04) entitled the “Public Education Classroom Instruction Fund”. Such fund shall be administered by the State Budget Director with the approval of the Controller General, in accordance with the provisions of this Act. Ten Million Dollars ($10,000,000) is hereby appropriated and shall be deposited to the Public Education Classroom Instruction Fund.

Section 2. Of the funds appropriated in Section 1 of this Act, One Million Dollars ($1,000,000) shall be apportioned equally among all the State’s public school and charter school libraries. These funds shall be used to purchase library books and library materials.

Section 3. Of the funds appropriated in Section 1 of this Act, Nine Million Dollars ($9,000,000) shall be allocated to the reorganized school districts and charter schools based on each district’s/charter’s proportionate share of September 30, 2004 certified Division I units. These funds may only be used to purchase textbooks and workbooks, additional library books and library materials, and instructional computer hardware and software.

Section 4. The funds allocated pursuant to this Act shall not supplant the existing or future levels of State and local expenditures in support of classroom instruction and library materials nor shall these funds supplant existing or future allocations of library books/materials to individual public school libraries.

Section 5. In order that each district may benefit from maximum efficiency, delivery charges, and related complimentary materials, each district and charter school shall submit to the Department of Education, the Budget Director and the Controller General, a plan outlining specific proposed purchases. The Department of Education and the Department of Administrative Services shall offer to collaborate in negotiating such purchases. Funds shall be transferred to each district or charter school within 30 days of the receipt of the district or charter expenditure plan.

Section 6. This Act is a supplementary appropriation and monies herein appropriated shall be paid out of funds in the General Fund of the State of Delaware not otherwise appropriated and shall not be subject to reversion until June 30, 2007. In addition, no Fiscal Year 2005 or prior year expenditure may be recoded to this appropriation.

Approved April 21, 2005