The General Assembly shall make provision for the annual payment to the free public schools of the State an amount which shall amply provide for the items authorized by this title and those additional items that the General Assembly deems appropriate.

32 Del. Laws, c. 160, §  61;  Code 1935, §  2706;  14 Del. C. 1953, §  1701;  71 Del. Laws, c. 180, §  94A; 

(a) Appropriations for the support, maintenance and operation of the free public schools of the State shall be in 3 divisions: Division I shall include appropriations designated for the purpose of paying the employees of the various school districts of the State in accordance with the state-supported salary schedules contained in Chapter 13 of this title; Division II shall include the appropriations for all other school costs and energy, except those for debt service and the transportation of pupils; Division III shall include appropriations for educational advancement.

(b) The Department of Education shall in its annual budget request recommend an aggregate amount to be appropriated to the State’s school districts for the purpose of educational advancement on a unit basis. The Department’s annual budget request shall include funds adequate to comply with its obligation under § 1704(2) of this title.

(c) Appropriations pursuant to Division I shall be used to employ personnel authorized by Chapter 13 of this title. School districts shall not use such funding to employ administrators in addition to those funded by the State pursuant to Chapter 13 of this title.

(d) Notwithstanding any other provision of this chapter, appropriations pursuant to Division II may be used for any otherwise legal purposes.

(e) The Department of Education, Office of Management and Budget and Controller General’s Office are authorized to simplify the complexity of state share accounting by consolidating school district appropriations in the State’s financial management and accounting system. Such consolidation may include state funding appropriated and allocated to school districts under Divisions I, II and III, Academic Excellence, Reading Cadre, Reading Resource Teachers, and Exceptional Student Unit-Vocational. Appropriations authorized to be consolidated herein shall not alter the school funding formulas, salary schedules, and/or provision of expenditure stipulated in this title and in the Annual Appropriations Act.

47 Del. Laws, c. 364, §  1;  14 Del. C. 1953, §  1702;  56 Del. Laws, c. 292, §  20;  71 Del. Laws, c. 180, §  95;  71 Del. Laws, c. 482, §  3;  73 Del. Laws, c. 321, §§  4, 5;  75 Del. Laws, c. 88, §  21(7);  75 Del. Laws, c. 89, §  367;  76 Del. Laws, c. 280, §§  337, 356;  77 Del. Laws, c. 84, §  404;  77 Del. Laws, c. 197, §  2;  78 Del. Laws, c. 7, §  1;  79 Del. Laws, c. 201, §  1;  83 Del. Laws, c. 325, § 383; 

(a) As used in this chapter, “unit” or “unit of pupils” means as defined in the following schedule of numbers of pupils enrolled in schools beginning in kindergarten and through grade 12; and for children prior to entry into kindergarten who are eligible for special education services as defined in Chapter 31 of this title:

(1) Preschool Basic Special Education - 8.4

(2) K-3 Regular Education — 16.2

(3) 4-12 Regular Education — 20

(4) K-12 Basic Special Education (Basic) — 8.4

(5) Pre-K-12 Intensive Special Education (Intensive) — 6

(6) Pre-K-12 Complex Special Education (Complex) — 2.6

(b) All such units must be authorized by the Department of Education under rules and regulations promulgated by the Department. Partial unit funding is provided for all units based on the cash-in value of the unit. Only the last unit in any category may be a major fraction.

(c) In the case of kindergarten, “unit” or “unit of pupils” is defined as 32.4 pupils for half-day kindergarten and 16.2 pupils for full-day kindergarten.

(d) For funding purposes, the following conditions shall prevail for the calculations of the number of units for children with disabilities and all other children. The preschool basic special education unit shall be 1 unit for 8.4 students. The regular education unit for kindergarten through third grade unit (K-3 regular education) shall be 1 unit for 16.2 students, except as noted in subsection (c) of this section above. The regular education unit for grades 4 through 12 (4-12 regular education) shall be 1 unit for 20 students. The basic special education (basic) unit for kindergarten through 12 shall be 1 unit for 8.4 students. The intensive special education (intensive) unit for preschool through grade 12 shall be 1 unit for 6 students. The complex special education (complex) unit for preschool through grade 12 shall be 1 unit for 2.6 students. Grade 12 is defined as enrollment until receipt of a regular high school diploma or the end of the school year in which the student attains the age of 22, whichever occurs first, as defined in Chapter 31 of this title.

(1) Preschool basic special education unit. — a. A student shall be counted in the preschool basic special education unit if the student is identified as eligible for special education and related services and not counted in the intensive unit or complex unit and is:

1. Eligible for special education and related services from birth; or

2. At least 3 years of age; or

3. Eligible as described in the Memorandum of Understanding on Early Childhood Transition with the Department of Health and Social Services; or

4. Not yet entered kindergarten.

b. The following provisions shall apply to the preschool basic special education unit:

1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. Districts must use all funds generated by preschool basic special education unit to support services for the students counted in the preschool basic special education unit. Districts are not limited to using the funds to employ teachers only. The funds may be used to hire preschool special education teachers, paraprofessionals, and speech and language pathologists, or other related services personnel as determined at the local level. The units may also be used to secure contractual services per requirements for the contractual option described in Chapter 13 of this title.

5. Districts may use tuition to pay for the local share and excess costs of special education and related services.

6. The units are considered teacher/instructional units for purposes of other unit counts.

7. A student is not required to receive a minimum number of hours in special education instruction to count in the preschool unit.

(2) K-3 regular education unit. — a. A student shall be counted in the K-3 regular education unit if the student is enrolled in kindergarten through grade 3 and not counted in the basic unit, intensive unit or complex unit described later in this section.

b. The following provisions shall apply to the K-3 regular education unit:

1. Partial unit funding is provided for between 1 and 16.2 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. At least 20% of teachers at the K-3 building level must be certified in the area of special education. The units are considered teacher/instructional units for purposes of other unit counts.

(3) 4-12 regular education unit. — a. A student shall be counted in the grades 4-12 unit if the student is enrolled in grades 4 through 12 and not identified as eligible for special education and related services.

1. Partial unit funding is provided for between 1 and 20 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. The units are considered teacher/instructional units for purposes of other unit counts.

(4) K-12 basic special education (basic). — a. A student shall be counted in the basic unit if the student is enrolled in kindergarten through 12; and identified as eligible for special education and related services; and not counted in the intensive unit under paragraph (d)(5) of this section or the complex unit under paragraph (d)(6) of this section.

b. The following provisions shall apply to the K-12 basic special education (“basic”) unit:

1. Partial unit funding is provided for between 1 and 8.4 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. The units are covered under the 98% rule as defined in § 1704(4) of this title and returned to the buildings that generate them.

5. A student is not required to receive a minimum number of hours of instruction to count as a student in the basic unit.

6. The units are considered teacher/instructional units for purposes of other unit counts.

7. All units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers.

8. Districts are authorized to use up to 5% of the units for para-professionals or to cash them in for related services.

(5) Pre-K-12 intensive special education (intensive). — a. A student shall be counted in the intensive unit if the student is:

1. Enrolled in preschool through grade 12; and

2. Identified as a student eligible for special education; and

3. In need of a moderate level of instructional, behavioral, personal support, or health support characterized individually or in combination by the following:

A. Need for adult-student ratio of 1:3 to 1:8 for a substantial portion of educational program;

B. Need for staff support for mid-range or moderate-use assistive technology;

C. Need for some extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services;

D. Need for moderate level of related services, including interpreter, therapy, and school nurse and health services;

E. Need for nonroutine or frequent accommodations or adaptations to curriculum or educational environment; and

F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation.

b. The following provisions shall apply to the pre-K-12 intensive special education (“intensive”) unit:

1. Partial unit funding is provided for between 1 and 6 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. 100% of the units must support the students that generate them.

5. The student is not required to receive a minimum number of hours of special education instruction to count as a student in the intensive unit.

6. The units are considered teacher/instructional units for purposes of other unit counts.

7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers.

8. Units may also be used to cash-in for other related services.

9. Districts may use tuition to pay for the local share and excess costs of the program.

(6) Pre-K-12 complex special education (complex). — a. A student shall be counted in the complex unit if the student is:

1. Enrolled in preschool through grade 12; and

2. Identified as a student eligible for special education; and

3. In need of a high level of instructional, behavioral, personal, or health support characterized individually or in combination by the following:

A. Need for adult-student ratio of 1:1 to 1:2 for a substantial portion of educational program;

B. Need for staff support for high-tech or extensive-use assistive technology which may include both high and low technology items;

C. Need for extensive extended school year or relatively frequent but intermittent out-of-school (e.g., hospital; homebound) services;

D. Need for extensive level of related services, including interpreter, therapy, and school nurse and health services;

E. Need for extraordinary or extensive accommodations or adaptations to curriculum or educational environment; and

F. Such additional criteria as may be adopted by the Department with the approval of the State Board of Education through regulation.

b. The following provisions shall apply for the pre-K-12 complex special education (“complex”) unit:

1. Partial unit funding is provided for between 1 and 2.6 students based on the cash-in value of the unit.

2. The cash-in value of the unit is tied to the teacher state salary schedule at the master’s level plus 10 years of experience as defined in § 1305(a) of this title.

3. The units include Divisions II and III.

4. One hundred percent of the units must support the students that generate them.

5. The student is not required to receive a minimum number of hours of special education instruction to count in the complex unit.

6. The units are considered teacher/instructional units for purposes of their unit counts.

7. Units generated by special education students are to be used for professional staff to support students with disabilities, to include special education teachers, school psychologists, speech/language pathologists, reading specialists, educational diagnosticians, counselors, class aides and social workers.

8. Units may also be used to cash-in for other related services.

9. Districts may use tuition to pay for the local share and excess costs of the program.

(7) Counting students in preschool, basic, intensive, or complex shall be based on the Individual Education Program (IEP) and according to rules and rubrics described in Department of Education regulations.

(8) At the completion of the IEP meeting, the team will discuss and review the needs based funding unit and assure in writing that adequate resources are available to implement the IEP.

(9) The Department shall request any financial reports or other information it deems necessary from districts and charter schools to ensure the appropriate use of all units earned. Districts and charters schools shall be required to provide reports and information as requested by the Department.

(e) Programs shall be conducted on a 12-month schedule for children who are identified with severe mental disability, trainable mental disability, autism, traumatic brain injury, visual impairments including blindness, deaf-blindness or orthopedic disability, limited to cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Such programs shall not exceed 1282 hours of school attendance and 222 teacher days in length except that in the case of programs for children identified with autism a school district may extend school attendance to 1,426 hours, and in the case of the Division of Visually Impaired teachers, who will work no more than 226 days. Enrollment of pupils beyond 180 days per year in any such program will be on a voluntary basis upon application by the parent, guardian or other person legally responsible for the enrollee. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year.

(f) The state share for programs conducted on a 12-month schedule for children identified in subsection (e) of this section shall be calculated based on 100% of complex units and 30% of intensive units earned. The state share of the salary paid to teachers for the number of units authorized in accordance with the rules and regulations of the Department of Education during the eleventh and twelfth months shall be at the rate of the number of days employed multiplied by the daily rate defined in subsection (j) of this section of the particular teacher’s entitlement for a regular school year. The calculation using the count of complex and intensive units does not establish a categorical right to 12-month programs for students who are counted in those units. The calculation of 100% of complex and 30% of intensive units is used to establish the state share provided in support of 12-month programs as described in subsection (e) of this section. The determination of eligibility for extended school year services is determined by IEP teams in conformity with applicable federal and state laws and regulations independent of 12-month program eligibility of students identified in subsection (e) of this section.

(g) An occupational-vocational unit for financing purposes shall mean 27,000 pupil minutes per week; provided, however, units shall be counted on the basis of 1 unit for each 30 students for students enrolled in the New Castle County Vocational-Technical School District, the Kent County Vocational-Technical School District and the Sussex County Vocational-Technical School District. Computation of 27,000 pupil minutes per week shall be in accordance with the rules and regulations established by the Department of Education.

(h) Notwithstanding the fact that such pupils have been counted in regular units of pupils, grades 7 to 12, inclusive, in the same or another school district, pupils who are enrolled in a vocational or occupational education program which has been approved annually by the Department of Education and which is conducted by any public school district shall also be counted for entitlement to vocational units.

(i) Pupils having been counted in the occupational-vocational units of pupils shall be deducted from the regular unit entitlement of a comprehensive high school according to the following formula:

Occupational-vocational units x .5 = deductible units

(j) Effective for fiscal year beginning July 1, 2001, each public high school may hire an occupational-vocational teacher for an additional 15 days for participation in program development and oversight of summer vocational-occupational cooperative programs. Commencing in FY 2002, these teachers shall be entitled to payment of the state share of salaries at the rate of 1/188 of their entitlement for a full school year multiplied by the number of days employed.

(k) In the case of children at the pre-kindergarten ages who are partially deaf or hard of hearing, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training for these children and their parents. The minimum age described in § 3101 of this title shall not be applicable to children served under this section. Units so established shall be based upon statewide needs. Time spent with each child each week may approximate the time devoted to kindergarten programs.

(l) In the case of children, infant through the end of the school year in which the child with a disability turns 22, or the receipt of a regular high school diploma, whichever occurs first, who are identified with autism, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education as authorized in § 203 of this title, that will provide special education and training. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection. Enrollment of children with disabilities in programs other than those administered in the district of residence may occur with the mutual agreement of the district of residence and the district administering the specialized program. The district which accepts and enrolls the child may count that child for unit count purposes and the enrollee shall not be counted in any other school district. The district where the child is enrolled may count that child for the purposes of related services units or any other administrative unit such as director or principal.

(m) In the case of children, infant through the end of the school year in which the child with a disability turns 22 or the receipt of a regular high school diploma, whichever occurs first, who are identified as deaf-blind, programs of instruction may be prepared, according to rules and regulations of the Department of Education with the approval of the State Board of Education. Programs for children of the pre-kindergarten ages may include the parents of those children. The minimum age described in § 3101 of this title shall not be applicable to children served under this subsection.

(n) (1) The Interagency Resource Management Committee (IRMC) shall have administrative responsibility for establishing a comprehensive and coordinated early childhood system. The IRMC shall be composed of the following members (or their designee with full voting powers):

a. Secretary of Education, who shall be the chairperson of the IRMC.

b. Secretary of the Department of Health and Social Services.

c. Secretary of the Department of Services for Children, Youth and Their Families.

d. Director of the Office of Management and Budget.

e. Controller General.

f. The Chair of the IRMC Extended Learning Opportunities Subcommittee and the Chair of Early the Childhood Council as nonvoting members.

(2) An affirmative vote of a majority of all voting members shall be required to take action.

(3) The IRMC shall promote interagency collaboration in the delivery of early childhood services to young children and their families including young children with disabilities. The IRMC will work to support and coordinate the implementation of the recommendations of the State early childhood plan. To accomplish these goals, the IRMC shall do the following:

a. Allocate all funds provided by the State, obtained by it, or under its control, which are designated for children eligible for services under this subsection except for unit funding for children with disabilities as described in this title.

b. Coordinate resources, federal and state and public and private, to support family-centered services for eligible children and their families, as appropriate.

c. Seek to develop collaborative approaches with the institutions of higher education for children eligible for services under this subsection. Special emphasis shall be placed on the use of existing preschool educator training and child care provider training programs.

d. Coordinate planning, policy, program and funding to establish a comprehensive and coordinated early childhood system.

(4) The IRMC may, at its discretion, apply for and allocate grant funds. Sources of such grant funds may include, but not be limited, to the federal Childcare Block Grant, Developmental Disabilities Council, federal Child and Maternal Health Grant, federal U.S.C. Title 20, and federal Head Start, where appropriate.

(5) The IRMC shall report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include:

a. A summary of IRMC experience in attempting to accomplish its purposes as stated above; and

b. A recommendation of the IRMC whether and how to institutionalize its activities and functions.

(6) The Director of the Office of Management and Budget and the Controller General are hereby authorized to transfer additional funds serving this population among the budgets of the departments represented on the IRMC if there is prior agreement by the Secretary of the department, as the case may be, to which the funds were previously allocated.

(7) For the purpose of facilitating the continuation of services, programs receiving an allocation under the provisions of this section may receive 20% of the prior year’s allocation at the outset of each fiscal year. These programs are required to present program proposals to the IRMC as required by the IRMC. Upon IRMC approval, adjustments to the program allocations may be made.

(8) The IRMC shall be staffed by the Early Development and Learning Resources Office in the Department of Education. Such Office shall be composed of at least 2 Education Specialists and a clerical support position. Funding shall be provided by the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families by no later than July of each fiscal year to support the operational costs associated with 1 Educational Specialist and clerical support positions. Funds allocated in this section are to be used to support the work of the Office and to continue the interagency coordination process for Delaware’s early childhood programs.

(o) Funds appropriated for the purpose of funding the units of pupils under subsections (d), (e), (f) and (k) of this section shall not be expended for any other purpose.

47 Del. Laws, c. 364, §  2E;  14 Del. C. 1953, §  1703;  49 Del. Laws, c. 105, §  1;  51 Del. Laws, c. 287, §  4;  54 Del. Laws, c. 40, §  1;  55 Del. Laws, c. 188;  55 Del. Laws, c. 198, §  1;  56 Del. Laws, c. 280;  56 Del. Laws, c. 404, §  1;  57 Del. Laws, c. 237, §§  1, 3;  57 Del. Laws, c. 348, §  1;  57 Del. Laws, c. 480, §  1;  57 Del. Laws, c. 590;  58 Del. Laws, c. 190;  58 Del. Laws, c. 228;  58 Del. Laws, c. 302;  58 Del. Laws, c. 569, §§  1, 2;  59 Del. Laws, c. 219, §  1;  59 Del. Laws, c. 220, §  1;  59 Del. Laws, c. 331, §§  1, 2;  60 Del. Laws, c. 571, §§  1, 2;  60 Del. Laws, c. 577, §  1;  60 Del. Laws, c. 652, §§  1-3;  61 Del. Laws, c. 190, §  2;  61 Del. Laws, c. 215, §  1;  61 Del. Laws, c. 516, §§  1-3;  62 Del. Laws, c. 160, §  1;  63 Del. Laws, c. 80, §  116;  63 Del. Laws, c. 177, §§  2, 4;  63 Del. Laws, c. 231, §§  1, 2;  63 Del. Laws, c. 278, §  1;  64 Del. Laws, c. 315, §  4;  64 Del. Laws, c. 464, §  1;  65 Del. Laws, c. 381, §  1;  67 Del. Laws, c. 47, §  265;  68 Del. Laws, c. 84, §  216;  68 Del. Laws, c. 126, §  8;  69 Del. Laws, c. 320, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  96-102;  71 Del. Laws, c. 354, §§  394, 395;  71 Del. Laws, c. 482, §§  1, 2;  72 Del. Laws, c. 6, §  5;  72 Del. Laws, c. 294, §§  41, 43;  72 Del. Laws, c. 395, §  365;  73 Del. Laws, c. 74, §  357;  73 Del. Laws, c. 312, §  261;  73 Del. Laws, c. 321, §  8;  74 Del. Laws, c. 68, §  272;  74 Del. Laws, c. 187, §§  2, 3;  74 Del. Laws, c. 307, §  308(e);  75 Del. Laws, c. 88, §  21(7);  75 Del. Laws, c. 89, §  345;  75 Del. Laws, c. 155, §§  6, 7;  77 Del. Laws, c. 363, §  1;  78 Del. Laws, c. 5, §§  37-50, 55;  78 Del. Laws, c. 7, §  3;  79 Del. Laws, c. 201, §  1;  82 Del. Laws, c. 162, § 1;  83 Del. Laws, c. 89, §§ 1, 2;  83 Del. Laws, c. 89, §§ 3, 3;  83 Del. Laws, c. 357, § 2;  84 Del. Laws, c. 48, § 1;  84 Del. Laws, c. 140, § 1; 

(a) The IRMC Extended Learning Opportunities Subcommittee is established to oversee coordination, research, and planning statewide for before and after school and summer learning programs for school-age children and advise the General Assembly and the Governor.

(b) The duties of the IRMC Subcommittee are as follows:

(1) Research national and local trends and best practices in extended learning programs and services and recommend new public policy that aligns with that research.

(2) Develop program standards and suggest funding protocols.

(3) Establish standards for program performance and evaluation.

(4) Make regular recommendations regarding coordination of services among different stakeholders, especially with organizations and programs providing early childhood services.

(5) Submit a yearly summary of its recommendations to the IRMC to include in its annual report under § 1703(n)(5)b of this title.

(c) The Subcommittee shall be composed of 19 members:

(1) The following members shall serve by virtue of their position and may designate a person to serve in their stead and at their pleasure:

a. The Secretary of the Department of Education, or the Secretary’s designee.

b. The Secretary of the Department of Children, Youth and Their Families, or the Secretary’s designee.

c. The Secretary of the Department of Health and Social Services, or the Secretary’s designee.

(2) The Delaware After School Network Director, appointed by the Governor.

(3) A representative of a nonprofit afterschool program provider, appointed by the Governor.

(4) A representative of a private afterschool program provider, appointed by the Governor.

(5) A representative of a summer program provider, appointed by the Governor.

(6) A school district superintendent, appointed by the Governor.

(7) A representative for elementary school teachers, appointed by the President of the Delaware State Education Association.

(8) A representative for secondary school teachers, appointed by the President of the Delaware State Education Association.

(9) Four members of the public, who shall be appointed by the Governor.

(10) A representative of the Charter School community, appointed by the Delaware Charter School Network.

(11) A representative of the Governor’s Advisory Council on Exceptional Children, appointed by the Chair of the GACEC.

(12) A licensed provider that services children who are not yet kindergarten age or school age, appointed by the Governor.

(13) Two principals — 1 elementary and 1 secondary — appointed by the Delaware Association of School Administrators.

(d) Terms of appointed members; chairperson. —

(1) Each appointed member shall be appointed to serve a term of up to 2 years. Members shall be appointed for staggered terms, so that no more than half of the appointed members’ terms expire in any 1 calendar year. Appointed members are eligible for reappointment.

(2) From the members, set forth in paragraphs (c)(2) through (13) of this section, there shall be a chairperson of the subcommittee who shall be appointed by the Governor and shall serve at the pleasure of the Governor. The chairperson shall guide the administration of the subcommittee by supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the subcommittee.

(e) The subcommittee shall issue an annual report to the Governor, General Assembly, and the public on the work of the subcommittee and the status of extended learning opportunities for school-aged children in the State.

(f) The Department of Education will provide administrative and staff support for the subcommittee as part of its responsibility to staff the IRMC.

(g) The IRMC Expanded Learning Opportunities Subcommittee shall follow all rules of §  10002(k) of Title 29 relating to public meetings.

(h) The subcommittee shall hold its initial organizational meeting by October 21, 2019, with the date, time, and place for the meeting to be set by the chairperson of the subcommittee.

(i) The subcommittee shall meet at least monthly.

82 Del. Laws, c. 162, § 1;  83 Del. Laws, c. 65, § 1;  84 Del. Laws, c. 527, § 1; 

The number of units to be used in determining state financial support in each school district shall be calculated by the Department of Education each year in accordance with the procedures specified in this section.

(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.” The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title.

(2) Each calendar year, the State shall estimate the actual unit count for each school district that will be produced in September of the same calendar year. This estimate of the September unit count shall be completed no later than April 15 of each calendar year. The total number of units by school district so determined shall be known as the “estimated unit count.”

(3) With respect to state financial support described in this title that is based upon the actual unit count, Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding for each school district based upon the actual unit count derived in any calendar year shall not be less than 98% of the Division I funding for teachers, Division II all other costs and energy funding, and Division III equalization funding that would have been generated by use of that calendar year’s estimated unit count.

(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 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 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.

47 Del. Laws, c. 364, §  2E;  48 Del. Laws, c. 250, §  1;  14 Del. C. 1953, §  1704;  49 Del. Laws, c. 151;  56 Del. Laws, c. 310;  63 Del. Laws, c. 120, §§  1, 3;  65 Del. Laws, c. 348, §  274;  69 Del. Laws, c. 212, §  1;  71 Del. Laws, c. 180, §  103;  71 Del. Laws, c. 483, §  1;  76 Del. Laws, c. 280, §  355;  78 Del. Laws, c. 7, §§  2, 3;  79 Del. Laws, c. 201, §  1;  83 Del. Laws, c. 54, § 372;  83 Del. Laws, c. 57, § 25; 

(a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with all applicable state-supported salary schedules. No state funds from Division I shall be appropriated to any school district to provide salaries for more teachers than shall actually be employed in such school district.

(b) Any school district may employ additional teachers out of state funds appropriated in Division II or Division III as provided in § 1304 of this title.

47 Del. Laws, c. 364, §  2A;  14 Del. C. 1953, §  1705;  56 Del. Laws, c. 292, §  21;  72 Del. Laws, c. 294, §  46;  77 Del. Laws, c. 197, §  4; 

(a) The ratio of students to instructors in any class in kindergarten or grades 1-3 in a Delaware public school shall not exceed 22 students as of the last school day of October. In calculating such ratio, a classroom instructional aide shall count as equal to half a teacher. This subsection shall only apply to a class within which students are instructed in the core academic subjects of English/Language Arts, mathematics, science and social studies.

(b) The Department of Education shall provide technical assistance to any school district seeking assistance in allocating its Division I, Division III, Comprehensive Discipline Program, and local operating funding in such a manner as to accomplish class sizes equal to or lower than those required by this section.

(c) A local school board may waive subsection (a) of this section after voting to waive such subsection at a public meeting noticed for that purpose. Any local school board vote on such a waiver shall occur on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 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 school board. Notice of any approved waiver shall be sent to the same persons.

(d) The State Auditor shall, in cooperation with the Department of Education, monitor compliance with this section in the audits of the boards of education of the schools district conducted pursuant to § 1504 of this title.

71 Del. Laws, c. 482, §  4;  77 Del. Laws, c. 84, §  403; 

(a) The Department of Education shall collect and report data, on an annual basis, in a uniform manner regarding compliance with the student-instructor ratio set forth in § 1705A(a) of this title by local school districts and charter schools. This data shall include waivers required by the school districts and charter schools, and the disposition thereof.

(b) Local school districts and charter schools shall report the above-referenced compliance data using individual classrooms and schools as the basic units of information.

(c) The above-referenced compliance data shall be reported by December 31 of each calendar year to ensure that such data is available to be considered in the event of a proposed waiver of the maximum class size provisions required under § 1705A(a) of this title.

(d) The compliance data shall be published on the website of the Department of Education as well as that of each school district and each charter school.

76 Del. Laws, c. 362, §  1; 

The funds appropriated to each school district for expenses included in Division II shall be determined by providing a sum, which shall be uniform for all school districts throughout the State, for each unit of pupils in such school district provided that the sum allocated during the school year for new and additional units in a school district in which the additional units have no facilities and in which the additional units give a total number of units in excess of the maximum present at any time during the past 5 years may exceed the uniform amount appropriated for expenses included in Division II; such moneys shall be used for the purchase of textbooks, furniture and other classroom equipment.

The first paragraph of this section notwithstanding, the funds appropriated to each district for expenses included in Division II based upon each occupational-vocational unit as defined in § 1703 of this title shall be either 1, 2 or 3 times the amount determined for each non-occupational-vocational unit as designated according to rules and regulations of the Department of Education. At least 90% of the occupational-vocational unit Division II funds, with the exception of Division II-Energy funds, shall be allocated to each school that generates these funds and expended to support the State-approved occupational-vocational courses and programs at that school. Each school district shall establish line item accounts for occupational-vocational Division II funds. These funds are in addition to the regularly generated units and all other financial resources normally allocated to each school. Random audits shall be scheduled and conducted by the State Auditor. The Secretary of Education shall request an annual report from the State Auditor evidencing an audit schedule of 10% of the affected schools.

The second paragraph of this section notwithstanding, local school districts may request a waiver of the 90% requirement subject to the approval of the Executive Director of the Delaware Advisory Council on Career and Vocational Education, the Secretary of Education, and the Controller General. Such waiver requests must be submitted to the Secretary of Education by November 15 of each year. The Secretary of Education shall notify the local school districts as to the disposition of the waiver request no later than January 3 of the following year.

47 Del. Laws, c. 364, §  3B;  14 Del. C. 1953, §  1706;  49 Del. Laws, c. 406;  54 Del. Laws, c. 40, §  2;  57 Del. Laws, c. 348, §  2;  71 Del. Laws, c. 180, §  104;  72 Del. Laws, c. 393, §  1;  73 Del. Laws, c. 74, §  342; 

(a) Any school district which provides funds from local taxation for current operating expenses in excess of basic state appropriations, under Divisions I and II of this chapter, shall be eligible for state funds on a matching basis in accordance with this section.

(b) In the application of the formula, the following definitions shall apply:

(1) “Ability index” means the school district ability divided by the state average ability. In the case of a school district created under the provisions of § 1028(k) of this title, 2 ability indices shall be computed. “Tax district ability index” shall be computed by dividing the tax district ability by the state average ability. “Individual district ability index” shall be computed by dividing the individual district ability by the state average ability.

(2) “Authorized amount” means $29,650 for fiscal year 2006 and as established in the annual State Budget Appropriation Act thereafter.

(3) “Effort index” means the school district effort divided by the state average effort. The effort index for any school district shall not be greater than 1.00. In the case of a school district created under the provisions of § 1028(k) of this title, 2 effort indices shall be computed. “Tax district effort index” shall be computed by dividing the tax district effort by the state average effort. “Individual district effort index” shall be computed by dividing the individual district effort by the state average effort.

(4) “Local district effort index” applies only to school districts created under the provisions of § 1028(k) of this title and means the lesser of 1 minus the tax district effort index or the individual district effort index, but shall be a number at least equal to zero.

(5) “School district ability” means the total full valuation of all taxable real property within the school district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, divided by the number of units of pupils, excluding those units in special schools administered by a school district which are supported by a tuition tax, in the public schools of the school district as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a vocational-technical school district, the school district ability shall be determined by dividing the total full valuation of all taxable real property located within the vocational-technical school district by the total number of units in the public schools located in the vocational-technical school district’s attendance area, excluding those units assigned to special schools as defined herein and those units assigned to the vocational-technical school district, as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a school district created under the provisions of § 1028(k) of this title, 2 school district abilities shall be computed. “Tax district ability” shall be computed by dividing the total full valuation of all taxable real property located in the school tax district in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, by the number of units of pupils, excluding those units in special schools administered by all school districts in the school tax district, in the public schools of the school tax district as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district ability” shall be computed as specified in the first sentence of this paragraph.

(6) “School district current expense revenue” means the product of the school district’s current operating expense real estate tax rate times the total assessed valuation as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated, plus the product of the school district’s capitation tax for current operating expense, times the number of capitations as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a school district created under the provisions of § 1028(k) of this title, 2 values for current expense revenues shall be computed “Tax district current expense revenue” shall be computed by multiplying the current operating expense real estate tax rate for the school tax district by the total assessed valuation of the school tax district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district current expense revenue” shall be computed as specified in the first sentence of this paragraph.

(7) “School district effort” means the school district’s current expense revenue divided by the school district’s total full valuation as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. In the case of a county vocational-technical school district, the school district effort means the school district’s current expense revenue divided by the total number of units of pupils in the district in the year immediately preceding the fiscal year for which Division III funds are appropriated divided by the school district ability. In the case of a school district created under the provisions of § 1028(k) of this title, 2 values of school district effort shall be computed. “Tax district effort” shall be computed by dividing tax district current expense revenue by the total full valuation of taxable property in the school tax district as of July 1 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated. “Individual district effort” shall be computed by dividing individual district current expense revenue by the total full valuation of the school district as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated.

(8) “State average ability” means the total full valuation of all taxable real property in the State as of July 1 in the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated divided by the total number of units of pupils in the public schools of the State, excluding those units assigned to vocational-technical school districts and those assigned to special schools as defined in paragraph (b)(5) of this section, as of September 30 of the fiscal year immediately preceding the fiscal year for which Division III funds are appropriated.

(9) “State average effort” means the authorized amount times 68.1% divided by the State average ability.

(10) “Total assessed valuation” means the official total assessed value of taxable real property appearing on the assessment rolls of appropriate county governing body or bodies as the case may be.

(11) “Total full valuation” means the total assessed valuation of taxable property divided by the average of the 3 most current assessment to sales price ratios. The Office of Management and Budget shall conduct, in accordance with nationally accepted standards and practices, an assessment to sales price study, by school district, on an annual basis in order to establish the most current ratios and such studies shall be open to public review. Each county is required to make available to the Office of Management and Budget, at the cost of reproduction only, machine-readable copies of its assessment and sales transactions files. In the event a county completes a general reassessment during the period between studies, the county’s assessment to sales price ratio shall be equal to its rate of assessment, until a subsequent assessment to sales price study is completed.

(12) “Units of pupils” means the total number of Division I units as specified in § 1703 of this title.

(c) The formula for determining the sums to be allocated in Division III, to school districts other than those created under the provisions of § 1028(k) of this title, shall be as provided in this subsection. The State share per unit is equal to the authorized amount times the effort index times the quantity of 1 minus .75 times the ability index; provided, that in no case shall the State share be less than the equivalent of 5% of the authorized amount times the effort index. The State share per unit in any fiscal year shall not be less than 95% or more than 105% of the State share per unit in the preceding fiscal year, except as provided in subsection (e) of this section. In fiscal years 2004 through and including fiscal year 2010, the State share per unit for those districts who are entitled to the formula minimum of 5% of the authorized amount times the effort index shall be 80% of the State share per unit in the preceding fiscal year.

(d) The formula for determining the sums to be allocated in Division III, to school districts created under the provisions of § 1028(k) of this title, shall be provided in this subsection. The State share per unit is equal to the sum of the 2 amounts defined as follows. The “tax district share” is equal to the authorized amount times the tax district effort index times the quantity of 1 minus .75 times the tax district ability index; provided, that in no case shall the tax district share be less than the equivalent of 5% of the authorized amount times the tax district effort index. The “individual district share” is equal to the authorized amount times the local district effort index times the quantity of 1 minus .75 times the individual district ability index; provided, that in no case shall the individual district share be less than the equivalent of 5% of the authorized amount times the individual district ability index. The State share per unit, the sum of the tax district share and the individual district share, in any fiscal year shall not be less than 95% or more than 105% of the State share per unit in the preceding fiscal year, except as provided in subsection (e) of this section.

(e) In the case of a school district with an effort index less than 1.00, or a district created under § 1028(k) of this title where the sum of the tax district effort index and the individual district effort index is less than 1.00, that passes a current expense tax referendum to increase taxes in the fiscal year preceding the fiscal year for which Division III funds are appropriated, the State share per unit shall be determined as provided in this subsection. The State share per unit shall first be computed in accordance with the provisions of subsection (c) or subsection (d) of this section, whichever calculation is appropriate for a particular school district, excluding the 105% provision. The State share per unit shall then be calculated a second time using the appropriate formula from subsection (c) or subsection (d) except that the current expense tax rate or rates for real estate and capitation for the current fiscal year shall replace the rates for the immediately preceding fiscal year throughout the calculation. The 105% maximum provision shall also be excluded in this second calculation. The State share per unit shall be equal to the amount computed in the second calculation; provided, that in no case shall the State share per unit be greater than the State share per unit under the second calculation minus the State share per unit under the first calculation plus 105% of the State share per unit in the preceding fiscal year.

(f) The 95% provision contained in subsection (c) and subsection (d) assumes that a school district does not reduce its current expense revenue by reducing current expense tax rates on real estate or capitations. In the event that a school district does reduce its current expense tax rate or rates, the 95% minimum shall not apply and the school district shall qualify for a State share per unit based upon the formula in subsection (c) or subsection (d) only.

(g) Total State equalization shall be computed by multiplying the State share per unit times the number of units of pupils enrolled in the school district, the vocational school district, or the special school in the fiscal year for which the Division III funds are appropriated.

(h) Division III funds shall be utilized to supplement funds appropriated under Division I, including legal expenses associated with collective bargaining, and Division II for the purpose of advancing education beyond the level authorized through the basic appropriations in Divisions I and II or through any other state or federal appropriation.

(i) A committee, composed of not less than 10 or more than 15 members, shall be appointed by the Secretary of the Department of Education to annually review and make recommendations on the equalization formula. The committee shall also be empowered to analyze other issues and concerns related to equalization that impact the State’s ability to achieve the basic purpose of equalization for Delaware’s school districts. The committee shall include at least the following: a representative of the State Board of Education; a representative from the Governor’s Office designated by the Governor; at least 1 member each from the House of Representatives and the State Senate designated by the Speaker of the House and the President Pro Tempore of the Senate, respectively; the Secretary of Finance or the Secretary’s designee; the Director of the Office of Management and Budget or the Director’s designee; the Controller General or the Controller General’s designee; a representative of the State Education Association designated by that organization; and at least 3 representatives of the local school districts, 1 from each county.

47 Del. Laws, c. 364, §§  2C, 2D;  14 Del. C. 1953, §  1707;  49 Del. Laws, c. 286;  56 Del. Laws, c. 292, §  22;  57 Del. Laws, c. 114, §§  1, 2;  59 Del. Laws, c. 465, §  1;  59 Del. Laws, c. 553, §  1;  63 Del. Laws, c. 438, §  1;  64 Del. Laws, c. 314, §  1;  66 Del. Laws, c. 85, §  255;  67 Del. Laws, c. 26, §  1;  67 Del. Laws, c. 393, §  1;  69 Del. Laws, c. 64, §§  286-289;  70 Del. Laws, c. 118, §§  271-275;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 425, §§  297, 298;  70 Del. Laws, c. 473, §  97;  71 Del. Laws, c. 132, §§  313-316;  71 Del. Laws, c. 180, §  105;  71 Del. Laws, c. 354, §§  332-335;  72 Del. Laws, c. 94, §  332;  72 Del. Laws, c. 395, §§  389-391;  74 Del. Laws, c. 68, §§  296-300;  74 Del. Laws, c. 307, §§  333, 334;  75 Del. Laws, c. 88, §  21(7);  75 Del. Laws, c. 89, §§  371-375;  75 Del. Laws, c. 350, §§  379, 380;  76 Del. Laws, c. 80, §§  364-366;  76 Del. Laws, c. 280, §  361;  77 Del. Laws, c. 84, §  348;  78 Del. Laws, c. 5, §  56; 

(a) Appropriations to the Department of Education on behalf of the school districts shall be in an aggregate form and shall be allocated to the districts in accordance with this title and the provisions of the annual Appropriations Act.

(b) In the event that any employee or officer receives a salary from more than 1 of the agencies receiving appropriations according to the form set forth in subsection (a) of this section, the total of such employee’s or officer’s salary from all such agencies shall be appropriated to the agency paying the principal portion of such salary. In no case shall a salary appropriation be made to more than one agency for the same employee or officer.

(c) The classification of employees and officers into the various categories set forth in Division I of subsection (a) of this section shall be determined by such employee’s or officer’s classification for salary to be paid under Chapter 13 of this title, except in the case of the Secretary and Deputy Secretary of Education.

47 Del. Laws, c. 364, §  3A;  14 Del. C. 1953, §  1708;  52 Del. Laws, c. 122;  53 Del. Laws, c. 400;  54 Del. Laws, c. 402, §§  5, 6;  56 Del. Laws, c. 292, §  23;  57 Del. Laws, c. 113;  59 Del. Laws, c. 205, §  2;  71 Del. Laws, c. 180, §§  106, 106A; 

No part of any amount appropriated to any district shall be transferred from 1 subdivision of Division I to any other such subdivision of Division I or to Division II, or from Division II to any subdivision of Division I. But nothing contained in this matter shall prohibit the transfer of Division III funds to Division I to comply with §§ 1304, 1705 and 1712 of this title or Division II.

47 Del. Laws, c. 364, §  3B;  14 Del. C. 1953, §  1709;  56 Del. Laws, c. 292, §  24; 

The number of units in each school district as calculated under § 1704 of this title shall be certified by the Secretary of Education as soon as such calculations are completed.

47 Del. Laws, c. 364, §  3C;  14 Del. C. 1953, §  1710;  49 Del. Laws, c. 151, §  3;  51 Del. Laws, c. 197, §  2;  71 Del. Laws, c. 180, §  107; 

Nothing contained in this chapter shall prevent any local school board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations.

47 Del. Laws, c. 364, §  4;  14 Del. C. 1953, §  1712;  56 Del. Laws, c. 292, §  25; 

In the case of any closing and consolidation of a school district, the permanent Budget Commission may transfer the unexpended balance, or any part thereof of any appropriation under this chapter for the closed district or districts to the appropriation of the district or districts with which any such closed districts are consolidated.

47 Del. Laws, c. 364, §  5;  14 Del. C. 1953, §  1713; 

Repealed by 71 Del. Laws, c. 180, § 107A, effective July 31, 1997.

The Advanced Planning and Real Property Acquisition Fund authorized by Title 29 and administered by the Budget Commission may be used for the acquisition of school sites in anticipation of the need for construction of new school buildings. From this Fund the Department of Education may purchase in the name of the State upon request from a school district any needed school site or option to purchase such a site. The Department shall make no payments to any school district from the Fund unless either the acquisition of a school site and the approximate cost of the proposed new construction thereon have first been approved by a referendum held among the voters in the school district concerned or, in the event that such a referendum has not been approved, upon presentation from the school district that it otherwise has available sufficient funds to meet local share requirements, as the term “local share” is defined in Chapter 75 of Title 29, of the school district concerned necessary for the school construction project. In the event land is purchased within a school district and no school construction is started thereon within 5 years of such purchase or in the event plans to use the site are abandoned, then the Department of Education may sell the land at a public sale and shall repay the Advanced Planning and Real Property Acquisition Fund and deposit any excess receipts in the General Fund of the State.

When the school district within which such a site has been purchased has sold bonds and deposited construction funds with the State Treasurer in compliance with any school construction act, or when, in the event of construction based entirely upon state funds, the Treasurer has in the Treasurer’s command construction funds for such site the Board of Education of the district shall present to the appropriate authorities an invoice against such construction funds of that district payable to the Department of Education for deposit in the Fund and the funds used to purchase the site shall be returned to the Fund.

14 Del. C. 1953, §  1715;  51 Del. Laws, c. 262, §  1;  57 Del. Laws, c. 113;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  108, 108A, 108B;  72 Del. Laws, c. 237, §  3;  74 Del. Laws, c. 367, §§  1, 2; 

Repealed by 64 Del. Laws, c. 315, § 5, effective July 1, 1984.

(a) “Unit for academic excellence” is defined for funding purposes as 1 unit for each 250 full-time equivalent students in a school district, grades K through 12. Districts shall qualify for partial funding for a fractional part of 250 full-time equivalent pupils enrolled in grades K through 12.

(b) Each student may be counted only once, and for pupils who attend schools in more than 1 district during each school day, the pupil is to be counted in each district for the portion of the school day the pupil is in attendance there. Kindergarten pupils shall be counted as 1/2 time for purposes of obtaining the full-time equivalent enrollment.

(c) The unit for academic excellence may be used to provide educational services such as, but not limited to, the following: reading, communications skills, mathematics, science, social studies, elementary and secondary counseling, elementary and secondary foreign languages, elementary and secondary performing arts, elementary physical education, elementary music, elementary art, library services, career education in grades 7 and 8, paraprofessional such as service or instructional aides, programs for gifted and talented pupils, career placement counselors, programs for limited English proficient pupils, programs for children at risk as defined by the Department of Education, programs to promote improved school climate and discipline, including, but not limited to, employing intervention specialists and programs to provide additional time for students who are performing below the standard level, including, but not limited to, Saturday academies, extended day and year and summer academies, and educational technology personnel on a district-wide basis. Provided further, a unit for academic excellence may be used to hire a school employed athletic trainer licensed by the Delaware Board of Physical Therapists and Athletic Trainers in a school that is a member of the Delaware Interscholastic Athletic Association and that offers interscholastic contact or collision sports.

(d) Nothing contained in this section shall prohibit a school district from using pupil units provided under § 1703 of this title to employ personnel to provide educational services authorized under subsection (c) of this section; except that a school district shall not be permitted to use pupil units provided under § 1703 of this title to employ a licensed athletic trainer.

(e) The programs authorized under this section shall operate for the number of hours of employment as specified by § 1305 of this title, and personnel employed with funds authorized under this section shall be paid in accordance with § 1305 of this title. Units may be used to fund extended year programs using a formula of 1 unit for each individual employed for the number of hours of employment as specified by § 1305 of this title. School districts are also authorized to employ 2 service paraprofessionals or 2 instructional paraprofessionals for each unit in lieu of 1 person employed under § 1305 of this title, provided that such aides are paid in accordance with the salary schedule contained in § 1324 of this title.

(f) One unit of funding shall include Division I funding for 1 person funded under § 1305 of this title or 2 aides funded under § 1324 of this title, as specified in subsection (e) of this section plus 1 unit of “Division II — All Other Costs” as contained in the annual Appropriations Act. In addition, beginning with the fiscal year commencing July 1, 1997, any unit that is filled with an employee or employees as described in this subsection, and not taken as a cash option as described in subsection (g) of this section, shall also include 1 Division III Equalization unit amount as defined in § 1707 of this title.

(g) A school district may elect to take a cash option for up to 30 percent of the units to which it is entitled under this section in any fiscal year. Funds spent for extended time programs for children performing below the standard level shall not count against the cash option limit. In such case, the district may use the funds so derived for either Division I or Division II purposes; provided however, that such funds must be used for educational services specified in subsection (c) of this section and may not be used to supplement state salaries authorized in Chapter 13 of this title for any employee. The cash option shall provide the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 10 months.

(h) Any school district wishing to use funds under any of the options set forth in this section shall make application to the Department of Education. Such application shall specify, as a minimum, the types of services to be provided and the use that will be made of the funds authorized by this section.

61 Del. Laws, c. 546, §  2;  62 Del. Laws, c. 68, §§  131, 132;  62 Del. Laws, c. 86, §§  30, 31;  64 Del. Laws, c. 323, §§  1, 2;  68 Del. Laws, c. 84, §  211;  68 Del. Laws, c. 290, §  242;  69 Del. Laws, c. 291, §  310;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 425, §§  305, 307;  71 Del. Laws, c. 132, §  323;  71 Del. Laws, c. 180, §  109;  72 Del. Laws, c. 294, §  47;  78 Del. Laws, c. 50, §§  1, 2;  80 Del. Laws, c. 79, §  299(b);  84 Del. Laws, c. 295, § 379; 

(a) “Related services unit” is defined for funding purposes as 1 funding unit for each 57 units of the K-3, 4-12 (regular education) and basic units. For the pre-K-12 intensive the ratio shall be 1 funding unit for each 5.5 units. For the pre-K-12 complex the ratio shall be 1 funding unit for each 3.0 units. Four related services units shall be assigned to support the state-wide deaf-blind program.

(b) Each pupil counted in establishing a unit for children with disabilities may be counted only once in a district. For pupils who attend schools in more than 1 district during each school day, the pupil is to be counted in each school district for the portion of the day that the pupil is in attendance there.

(c) For purposes of this section, “children with disabilities” shall include pupils meeting the definition set forth in Chapter 31 of this title, as further defined according to rules and regulations of the Department with approval of the State Board of Education.

(d) “Related services” shall be special services provided for children with disabilities and shall be defined in rules and regulations of the Department with approval of the State Board of Education. Rules and regulations may include, but are not limited to, such services as speech therapy, occupational therapy, physical therapy, early identification and assessment of disabilities, special counseling services, developmental, corrective or supportive services that may assist a child with a disability to benefit from special education. Medical services provided shall be for diagnostic or evaluation purposes only. Special transportation services provided from this funding shall be only those services unique to a particular disability and shall be services provided during the school program and shall not include transportation to and from school.

(e) Funds appropriated in support of this unit may be used for expenditures under Division I or Division II for the purchase of assistive materials or services from persons or agencies to be used in support of students with disabilities herein authorized and for no other purpose.

(f) The dollar value of this unit, when applied to the employment of a full-time certified person such as, but not limited to, a teacher, a therapist or a specialist, shall be as provided in this title, but, when applied as herein authorized for other related services, shall be the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 10 months. The calculation of this funding shall be for the current school year. Expenditures on behalf of this unit when used for the purchase of services shall be up to but not in excess of the amount herein authorized.

(g) Funding authorized by this section shall be used to supplement regular school programs for children with disabilities, and may provide for the assignment of 1060 hours of school attendance and the full work days of employment as described in § 1305 of this title to be assigned during any of the months of a 12-month fiscal year beginning July 1.

(h) Any school district wishing to use funds under any of the options set forth in this section shall make application to the Department of Education for that use; provided, that the State Board may review any objection to the Department’s decision. The application shall indicate that these funds are being used to supplement programs in the school district and that their use will not supplant personnel, services, supplies or materials provided from local funding sources.

62 Del. Laws, c. 68, §  110;  62 Del. Laws, c. 120, §  2;  63 Del. Laws, c. 322, §  147(b);  68 Del. Laws, c. 126, §  9;  70 Del. Laws, c. 118, §  284;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  110;  72 Del. Laws, c. 6, §  6;  72 Del. Laws, c. 294, §  48;  75 Del. Laws, c. 155, §  8;  78 Del. Laws, c. 5, §§  57-60; 

Repealed by 68 Del. Laws, c. 84, § 204, effective July 1, 1991.

(a) “Mental health services unit” for funding purposes means:

(1) One unit for each 700 full time equivalent students in a school district or charter school, grades K through 5 for employment of full-time school psychologists or other mental health providers with experience in a school setting or experience providing direct services to school age children. Districts and charter schools shall qualify for funding for a fractional part of 700 full-time equivalent pupils enrolled in grades K through 5.

(2) In fiscal year 2022, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 400 full-time equivalent pupils enrolled in grades K through 5.

(3) In fiscal year 2023, 1 unit for each 325 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 325 full-time equivalent pupils enrolled in grades K through 5.

(4) Beginning in fiscal year 2024, 1 unit for each 250 full-time equivalent students in a school district or charter school, grades K through 5 for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 250 full-time equivalent pupils enrolled in grades K through 5.

(b) Each pupil counted in establishing a unit for mental health services may be counted only once in a district or charter.

(c) For purposes of this section:

(1) “Mental health services” means prevention, response, and coordination services delivered to students in elementary school building.

(2) “Other mental health provider” means a mental health services provider licensed by the Board of Mental Health and Chemical Dependency.

(d) Except as set forth in subsection (f) of this section, funds appropriated by this unit shall be used for employment of full-time licensed mental health providers who hold the appropriate license as required by the Board of Mental Health and Chemical Dependency Professionals or school counselors, school social workers, or school psychologists that hold the appropriate licensure and certifications under Chapter 12 of this title.

(1) School counselors shall be required to provide services that are aligned with the American School Counselor Association (ASCA) National Model, including the provisions related to indirect and direct services as those terms are defined by ASCA.

(2) School social workers shall be required to provide services aligned to the National Association of School Social Work school social work standards.

(3) School psychologists shall be required to provide services aligned with the National Association of School Psychologists (NASP) Model for Comprehensive and Integrated School Psychological Services.

(e) [Repealed.]

(f) Funds appropriated in support of this unit shall be applied to the employment of a full-time certified, licensed school counselor, school social worker, licensed clinical social worker, school psychologist, or licensed mental health therapists. Districts may pursue contracting out school psychologists and other mental health providers with approval of their governing board until such time as school psychologists are no longer designated by the Department of Education as certification shortage area. Districts or charter schools must combine fractional units to fund additional full-time mental health services staff to the extent possible. Districts and charter schools may exercise a cash option consistent with the provisions of § 1716(g) of this title for any remaining fractional funding. Funds received under this provision must be used for the purchase of materials or services to be used in support of preventative and responsive mental health services herein authorized, and for no other purpose.

(g) To the extent possible, school districts should prioritize the hiring and placement of staff hired pursuant to this section in schools with the highest percentage of low-income students, English language learners and students with disabilities.

(h) By December 31, 2025, the Department of Education, in coordination with the General Assembly, shall develop a strategic plan to reasonably expand this unit into Delaware district preschools middle schools and high schools.

(i) The Department of Education shall promulgate rules and regulations to implement and enforce this section.

83 Del. Laws, c. 126, § 1;  84 Del. Laws, c. 233, § 24;  84 Del. Laws, c. 350, § 1; 

(a) “Mental health services unit for middle school” for funding purposes means:

(1) In fiscal year 2023, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades 6 through 8, for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 400 full-time equivalent pupils enrolled in grades 6 through 8.

(2) In fiscal year 2024, 1 unit for each 325 full-time equivalent students in a school district or charter school, grades 6 through 8, for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 325 full-time equivalent pupils enrolled in grades 6 through 8.

(3) Beginning in fiscal year 2025, 1 unit for each 250 full-time equivalent students in a school district or charter school, grades 6 through 8, for employment of a full-time school counselor, or school social worker or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 250 full-time equivalent pupils enrolled in grades 6 through 8.

(4) One unit for each 700 full time equivalent students in a school district or charter school, grades 6 through 8, for employment of full-time school psychologists or other mental health provider with experience in a school setting or experience providing direct services to school age children. Districts and charter schools shall qualify for funding for a fractional part of 700 full-time equivalent pupils enrolled in grades 6 through 8.

(b) Each pupil counted in establishing a unit for mental health services may be counted only once in a district or charter.

(c) For purposes of this section:

(1) “Mental health services” means prevention, response, and coordination services delivered to students in middle school.

(2) “Other mental health provider” means a mental health services provider licensed by the Board of Mental Health and Chemical Dependency.

(d) Except as set forth in subsection (e) of this section, funds appropriated by this unit shall be used for employment of full-time licensed mental health therapists who hold the appropriate license as required by the Board of Mental Health and Chemical Dependency Professional or school counselors, school social workers, or school psychologists that hold the appropriate licensure and certifications under Chapter 12 of this title.

(1) School counselors shall be required to provide services that are aligned with the American School Counselor Association (ASCA) National Model, including the provisions related to indirect and direct services as those terms are defined by ASCA.

(2) School social workers shall be required to provide services aligned to the National Association of School Social Work school social work standards.

(3) School psychologists shall be required to provide services aligned with the National Association of School Psychologists (NASP) Model for Comprehensive and Integrated School Psychological Services.

(e) Funds appropriated in support of this unit shall be applied to the employment of a full-time certified, licensed school counselor, school social worker, licensed clinical social worker, school psychologist, or licensed mental health therapist. Districts may pursue contracting out school psychologists or other mental health providers with approval of their governing board until such time as school psychologists are no longer designated by the Department of Education as a certification shortage area. Districts or charter schools must combine fractional units to fund additional full-time mental health services staff to the extent possible. Districts and charter schools may exercise a cash option consistent with the provisions of § 1716(g) of this title for any remaining fractional funding. Funds received under this provision must be used for the purchase of materials or services to be used in support of preventative and responsive mental health services herein authorized, and for no other purpose.

(f) To the extent possible, school districts should prioritize the hiring and placement of staff hired pursuant to this section in schools with the highest percentage of low-income students, English learners, and students with disabilities.

(g) (1) The Department shall provide a report to the Office of Management and Budget and to the Controller General detailing the number of positions filled by position type and number of school psychology positions and other mental health providers contracted for under this program at each eligible local education agency by December 30 of each year.

(2) Each district and charter school shall provide to the Department the number of positions filled by position type at each school and the number of school psychology positions and other mental health providers contracted for under this program by November 30 of each year.

(h) The Department of Education shall promulgate rules and regulations to implement and enforce this section.

83 Del. Laws, c. 386, § 1;  84 Del. Laws, c. 233, § 25;  84 Del. Laws, c. 350, § 1; 

(a) Substitute teachers shall be used to provide temporary teaching to pupils when the regular teacher is unavailable due to illness, leave, or other reasons.

(b) During the fiscal year beginning July 1, 2023, and annually thereafter, allocation of funds shall be targeted to high needs elementary, middle and high schools, with populations of 50% or more of low-income students,

(c) Substitute teachers shall be paid from state funds for 10 months and shall be paid a starting salary equitable to a No Degree Step 1 in accordance with § 1305 of this title.

(d) Individuals hired under this section must have obtained an associate’s or bachelor’s degree from an accredited institute of higher education.

(e) All individuals hired under this section are subject to the provisions of Chapter 41 of this title and, at the discretion of each local education agency, subject to district and building level professional development requirements.

(f) To ensure success of these substitute teachers, each school district and charter school must develop and implement a professional development program specifically designed for these substitute teachers that, at a minimum, includes all of the following:

(1) Implementing lesson plans.

(2) Classroom management.

(3) Student behavior, including disability awareness and behaviors that may manifest as a result of disabilities.

(4) Basic understanding of Individualized Education Plans and 504 Plans [29 U.S.C. § 794].

(g) Participation in professional development provided in subsection (f) of this section shall be used as credit towards a standard certificate.

83 Del. Laws, c. 393, § 1; 

(a) “Mental health services unit for high school” for funding purposes means:

(1) In fiscal year 2024, 1 unit for each 400 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of a full-time school counselor, school social worker, or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 400 full-time equivalent pupils enrolled in grades 9 through 12.

(2) In fiscal year 2025, 1 unit for each 325 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of a full-time school counselor, school social worker, or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 325 full-time equivalent pupils enrolled in grades 9 through 12.

(3) Beginning in fiscal year 2026, 1 unit for each 250 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of a full-time school counselor, school social worker, or a licensed clinical social worker who is certified by the Delaware Department of Education as a school social worker. Districts and charter schools shall qualify for funding for a fractional part of 250 full-time equivalent pupils enrolled in grades 6 through 8.

(4) One unit for each 700 full-time equivalent students in a school district or charter school, grades 9 through 12, for employment of full-time school psychologists or other mental health providers with experience in a school setting or experience providing direct services to school age children. Districts and charter schools shall qualify for funding for a fractional part of 700 full-time equivalent pupils enrolled in grades 9 through 12.

(b) Each pupil counted in establishing a unit for mental health services may be counted only once in a district or charter.

(c) For purposes of this section:

(1) “Mental health services” means prevention, response, and coordination services delivered to students in high school.

(2) “Other mental health provider” means a mental health services provider licensed by the Board of Mental Health and Chemical Dependency.

(d) Except as set forth in subsection (e) of this section, funds appropriated by this unit shall be used for employment of full-time licensed mental health services providers who hold an appropriate license as required by the Board of Mental Health and Chemical Dependency Professionals or school counselors, school social workers, or school psychologists that hold the appropriate licensure and certifications under Chapter 12 of this title.

(1) School counselors are required to provide services that are aligned with the American School Counselor Association (ASCA) National Model, including the provisions related to indirect and direct services as those terms are defined by ASCA.

(2) School social workers are required to provide services aligned to the National Association of School Social Work school social work standards.

(3) School psychologists are required to provide services aligned with the National Association of School Psychologists Model for Comprehensive and Integrated School Psychological Services.

(e) Funds appropriated in support of this unit shall be applied to the employment of a full-time certified, licensed school counselor, school social worker, licensed clinical social worker, school psychologist, or other mental health provider. Districts may pursue contracting out school psychologists and other mental health providers with approval of their governing board until such time as school psychologists are no longer designated by the Department of Education as a certification shortage area. Districts or charter schools must combine fractional units to fund additional full-time mental health services staff to the extent possible. Districts and charter schools may exercise a cash option consistent with the provisions of § 1716(g) of this title for any remaining fractional funding. Funds received under this provision must be used for the purchase of materials or services to be used in support of preventative and responsive mental health services herein authorized, and for no other purpose.

(f) (1) To the extent possible, school districts should prioritize the hiring and placement of staff hired pursuant to this section in schools with the highest percentage of low-income students, English learners, and students with disabilities.

(2) In filling positions supported by this section, the hiring and placement of school counselors who provide mental health services, including services that are aligned with the ASCA National Model, shall be prioritized over those who solely provide career counseling.

(g) (1) The Department shall provide a report to the Office of Management and Budget and to the Controller General detailing the number of positions filled by position type and number of school psychology or other mental health provider positions contracted for under this program at each eligible local education agency by December 30 of each year.

(2) Each district and charter school shall provide to the Department the number of positions filled by position type at each school and the number of school psychology or other mental health provider positions contracted for under this program by November 30 of each year.

(h) The Department of Education shall promulgate rules and regulations to implement and enforce this section.

84 Del. Laws, c. 350, § 1; 

(a) Local school boards of education and the various school building commissions may employ personnel who are paid wholly or in part from federal and/or school construction funds provided that such personnel shall be classified and paid in accordance with the salary schedules set forth in Chapter 13 of this title. In the event any of the aforementioned boards or commissions shall have a uniform local district salary supplement to the salary schedules set forth in said Chapter 13, such board or commission may also pay employees covered by this subsection an additional amount from federal and/or school construction funds not in excess of that set forth in the uniform local district salary supplement.

(b) Personnel employed pursuant to this section shall be covered by Chapter 14 of this title, if such personnel qualify for coverage under § 1403(a). In determining length of service for the purposes of Chapter 14 of this title, employees who heretofore have been excluded from coverage under Chapter 14 of this title shall receive credit for all service to the State and to the current employing school district.

(c) None of the various school boards or school building commissions shall enter into contracts with, or pay, individuals to provide consultant educational or related services from state, federal or school construction funds when such individual is a salaried employee of the public school system of this State. This subsection shall not be construed to prohibit the employment of professional personnel to teach special classes such as night school and a third shift at a vocational school and in-service courses in the same or other districts outside of regularly scheduled school hours.

62 Del. Laws, c. 68, §  49;  69 Del. Laws, c. 449, §  3;  71 Del. Laws, c. 180, §  111; 

For the purpose of matching any appropriation made for such educational acts as have been or may be passed by the Congress of the United States, the Department of Education is hereby directed and empowered to prescribe to each of the local school boards of education and to the boards of trustees of the university or college supported by state funds the amount necessary to be allocated by said respective boards to comply with the purpose and intent of said educational acts which require the matching of funds.

62 Del. Laws, c. 68, §  52;  71 Del. Laws, c. 180, §  112; 

In the event that the aggregate appropriations for Division I, II or III, or any other unit-driven appropriation, are insufficient to cover the total number of units certified pursuant to § 1710 of this title, the Department of Education shall transfer sufficient funding from its Growth and Upgrade General Contingency Fund and/or such other sources as the Director of the Office of Management and Budget may approve, to the school districts in order that all duly certified units are adequately funded. The Department retains the authority to require reimbursement of unit-driven funds from districts to the State that are caused by a district’s inaccurate reporting of pupil enrollments.

62 Del. Laws, c. 68, §  53;  71 Del. Laws, c. 180, §  113;  75 Del. Laws, c. 88, §  21(7);  78 Del. Laws, c. 7, §  4;  79 Del. Laws, c. 201, §  1; 

Funds authorized in the Budget Appropriation Bill and subsequently allocated by the Department of Education for James H. Groves High School or adult basic education shall be allocated by the Department to the participating school districts in amounts equal to those approved by the Department of Education in the annual program plans submitted by the participating school districts. Additionally, funding for James H. Groves High School can be used to support the Diploma-at-a-Distance Program.

62 Del. Laws, c. 68, §  50;  62 Del. Laws, c. 86, §  37;  67 Del. Laws, c. 47, §  276;  68 Del. Laws, c. 84, §  202;  71 Del. Laws, c. 180, §  114;  81 Del. Laws, c. 280, § 367; 

(a) Programs for children with autism exceeding 217 pupil days shall be according to rules and regulations of the Department as approved by the State Board of Education.

(b) For funding purposes “autistic unit” for programs in excess of 217 pupil days shall mean 8 persons with autism per unit.

63 Del. Laws, c. 177, §  5;  71 Del. Laws, c. 180, §  115;  78 Del. Laws, c. 179, §§  133, 134; 

(a) For the purposes of this section:

(1) “Costs” shall be the cost of lost or destroyed textbooks, subject matter materials, supplementary books, instructional computer software and other school property distributed to and entrusted to individual students;

(2) “Responsible person” shall include each student, the parents of each student who have a duty to support the student under § 501 of Title 13 and any guardian who has a duty to support a student.

(b) Each reorganized school district shall adopt a written policy that:

(1) At least annually requires responsible persons to refund to the district their costs;

(2) Sets forth an effective process to collect, at least annually, such costs from the responsible persons; provided however, that the process may permit a student to perform school or community service, at the district’s option, in lieu of repaying book costs, if and only if each responsible person’s income falls below federal poverty guidelines, as they may be amended from time to time; and further provided, that a student otherwise required to perform such service who refuses to perform such service shall be subject to disciplinary action; and

(3) Provides that local district funds shall cover the cost of all lost or destroyed books which are required to be collected from responsible persons pursuant to a written policy which conforms to this section but are not collected.

(c) [Repealed.]

70 Del. Laws, c. 571, §  1;  71 Del. Laws, c. 180, §  116;  77 Del. Laws, c. 327, §  383; 

In addition to the funds appropriated to school districts by other sections of this chapter, school districts shall be eligible to make application to the Department of Education for the development and implementation of school discipline improvement programs as specified in Chapter 16 of this title.

69 Del. Laws, c. 464, §  2;  71 Del. Laws, c. 180, §  117; 

77 Del. Laws, c. 196, §  2;  expired, eff. Oct. 1, 2011; 

(a) All information received by the Department of Education, or any third party performing work for the Department of Education, relating to the dates on which new teachers are hired by individual school districts shall be posted on the Department of Education’s web site.

(b) The Department of Education shall conduct randomized audits to ensure that information provided by school districts relating to the hiring dates of new teachers is accurate and complete.

(c) By August 12, 2011, the Department of Education shall promulgate regulations necessary to ensure that hiring information collected and reported by school districts uses uniform terminology.

(d) By December 31, 2011, the Department of Education shall report to the General Assembly and Governor on the impact of the estimated unit count upon school districts’ performance in making earlier contract offers to prospective teachers. To the extent that the Department of Education determines that any districts have not taken proper advantage of the estimated unit count, the Department shall recommend additional steps that should be taken to properly incentivize those districts to make earlier contract offers.

78 Del. Laws, c. 7, §§  5, 7;  79 Del. Laws, c. 201, §  1; 

(a) For purposes of this section:

(1) “English learner students” or “EL” means kindergarten through grade-12 students with limited English proficiency who meet the definition of an “English learner” as that term is defined by the Department of Education by regulation.

(2) “Low income student” or “LI” means students within the statewide metric determined by the Department of Education utilizing direct certification for Temporary Assistance for Needy Families (TANF) or Supplemental Nutrition Assistance Program (SNAP).

(b) The Opportunity Fund is established and is to be used to enhance services for EL and LI students enrolled in public schools, including charter schools. The Opportunity Fund consists of money appropriated to the Fund in the annual appropriations act.

(1) The Department of Education shall adopt regulations identifying the types of services and supports that may be funded with money from the Opportunity Fund. The types of services and supports must include the following:

a. Additional staff, including personnel dedicated to improving reading comprehension and math proficiency, and staff who provide additional wrap-around services or mental health supports.

b. Contractual services.

c. Supplies and materials.

d. Other expenditures necessary to provide additional services and supports for EL and LI students.

(2) The Department of Education shall provide an expenditure plan template and plan development supports to school districts and charter schools, including identifying evidence-based practices shown to improve performance outcomes for EL and LI students.

(3) To receive funding under this section, a school district or charter school shall submit a proposed expenditure plan to the Department of Education for review no later than the second Friday of July of each fiscal year. A school district’s or charter school’s proposed expenditure plan must separately list each school governed by the school board of the school district or charter school that will receive funding under this section.

(4) Funding received under this section is supplemental to and may not supplant any state, local, or federal funds.

(c) (1) Except as provided under paragraph (c)(2) of this section, each school board of a school district or charter school shall allocate funding received under this section to schools governed by the school board such that not less than 98% of funding received under this section that is generated by a school’s LI and EL population calculation is allocated to that school.

(2) A school board of a school district or charter school may allocate funding received under this section in a manner different than provided under paragraph (c)(1) of this section if the school board does both of the following:

a. Follows the procedure under § 1704(4) of this title.

b. Approves the allocation before submission of an expenditure plan under paragraph (b)(3) of this section.

(d) At least $5 million of the annual appropriation to the Opportunity Fund must be allocated to public schools, including charter schools, identified as having an enrollment of at least 60% LI students or 20% EL students.

(1) A public school receiving funding under this subsection shall use the allocated funds for mental health or reading supports to enhance services and provide additional supports to EL or LI students.

(2) The Department of Education shall annually identify public schools that meet the criteria under this section for EL and LI students.

(e) A school district or charter school shall submit an annual report on the use of funding received under this section to the Department of Education no later than November 1 of each year.

(1) The report must do all of the following:

a. Provide the total amount of funding received under this section by each school during the prior school year.

b. Provide the total amount of funding received under this section each school spent during the prior school year.

c. Detail how each school spent the funding received under this section.

(2) A school district or charter school shall make the report submitted under this subsection publicly available on its website. The Department of Education shall make the reports submitted under this subsection publicly available on the Department’s website.

(f) (1) The per pupil amount of Opportunity Funds must be calculated as follows: $55 million divided by the total sum of EL and LI student enrollment in each school district and charter school.

(2) In each fiscal year after fiscal year 2025, the Opportunity Fund total must be equal to at least the per pupil amount calculated in Fiscal Year 2025 under this subsection and multiplied by the sum of EL and LI student enrollment as of September 30 of the previous fiscal year.

(3) For purposes of this subsection, a student may be counted as both an EL student and a LI student if the student satisfies the definition for both groups.

(4) The amount of funding received under subsection (d) of this section is in addition to the amount calculated in this subsection.

83 Del. Laws, c. 53, § 1;  83 Del. Laws, c. 53, §§ 1, 2;