§ 1701. | § 1702. | § 1703. | §§ 1, | § 1704. | § 1705. | § 1705A. | § 1706. | § 1707. | §§ 271-275; | § 1708. | § 1709. | § 1710. | § 1711. | § 1712. | § 1713. | § 1714. | § 1715. | § 1716. | § 1716A. | § 147(b); | §§ 1716B-1716D. | § 1717. | § 111.) | § 1718. | § 1719. | § 21(7).) | § 1720. | § 1721. | § 1722. | § 1723.
§ 1701. Amount to be appropriated by General Assembly.
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.)
§ 1702. Divisions of school appropriations.
(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 amount to be appropriated to each school district for the purpose of educational advancement on a unit basis provided that for the school year beginning July 1, 1969, the amount recommended shall not be less than $200 per unit of pupils in the respective reorganized school districts as of September 30, 1968, and shall include all data on which such recommended amounts are based, and the General Assembly shall appropriate for the school year beginning July 1, 1969, an amount not less than the State's share of the aforesaid $200 per unit allotment.
(c) Appropriations pursuant to Division I shall be used to employ personnel paid in accordance with § 1305 of this title; provided however, that school districts are authorized to utilize up to 5 percent of such units to employ 2 instructional aides, paid in accordance with § 1324 of this title, for each unit in lieu of 1 person employed under § 1305 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) Appropriations pursuant to Division II-All Other Costs shall be used for all school costs, including library resources, except salaries and other employment costs, state and local benefits, debt service, energy, and transportation of pupils to and from their regular sessions of school. Appropriations pursuant to Division II-Energy may be used by a school district to obtain engineering studies required for Exxon or Stripper Well funds. A school district, upon approval of the Director of the Office of Management and Budget and the Controller General, may transfer part of its allocated appropriation from Division II-Energy to Division II-All Other Costs.
(e) The Department of Education, with the approval of the Director of the Office of Management and Budget and Controller General, shall adjust the total Division II--All Other Costs allocation to be received by each local school district and charter school based upon the level of funding appropriated by the annual Appropriations Act for Division II--All Other Costs. Any adjustments made to such allocations, shall be pro-rated by district/charter school per the number of Division I units in the preceding September 30 unit count.
As a result of any adjustments in funding, a school district, upon approval of the Director of the Office of Management and Budget and Controller General, may transfer state funds in accordance with guidelines provided by the Department of Education. Each local school district and charter school shall be notified of their adjustment amount by July 15 of each fiscal year. (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.)
As used in this chapter:
(a) “Unit” or “unit of pupils” is defined according to this schedule
of numbers of pupils for elementary schools:
Beginning Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6
July 1, 1984 17.4 17.4 17.4 20 20 20
In grades 7 through 12, the unit is defined as 20 pupils. A major
fraction shall be considered a unit and shall be considered any fraction
greater than one half of the total number of pupils authorized per unit for a
given year.
(b) All such units must be authorized by the Department of Education
under rules and regulations promulgated by the Department.
Whenever more than 1 unit of pupils is authorized in a district in a
given category, the first unit shall be a full unit. Only the last unit in any
category may be a major fraction.
(c) In the case of kindergartens, “unit” or “unit of pupils” is
defined as 34.8 pupils.
Kindergarten pupils may be enrolled for one-half school days in groups
approximating one half the unit authorized, thus providing that each “unit”
represents 2 instructional groups within the unit authorized. A major fraction
shall be considered a unit and shall consist of any fraction greater than one
half of the unit authorized.
The Department of Education shall make uniform rules relative to the
administration of kindergarten in the public school districts of the State in
accordance with this title.
(d) In the cases of exceptional children the following conditions for
the calculations of the number of units shall prevail: classes for the
educable mentally handicapped, 1 unit for 15 children; classes for the
trainable mentally handicapped and severely mentally handicapped, 1 unit for 6
children; classes for the seriously emotionally disturbed, 1 unit for 10
children; classes for the partially sighted, 1 unit for 10 children, except
that even though the pupil count may be less than otherwise required by this
chapter, there shall be a minimum of 1 class for the partially sighted in each
county; classes for the other health impaired, traumatic brain injured, or
orthopedically disabled, 1 unit for 6 children; classes for the partially deaf
or hard of hearing, 1 unit for 6 children; classes for autistic children, 1
unit for 4 children. When classes for the blind are established as approved
by the Department of Education with the approval of the State Board of
Education and the Delaware Commission for the Blind, the unit for classes for
the blind shall be 8. When classes for the deaf-blind are established as
approved by the Department of Education with the approval of the State Board
of Education, the unit for these classes shall be 4. For those children in
the classification designated as having “learning disabilities” the unit
shall be 8. For a person identified as an “intensive learning center pupil”
and assigned to an intensive learning center or intensive learning center
program approved by the Department of Education with the approval of the State
Board of Education, the unit shall be 8.6. A major fraction shall be
considered a unit and shall consist of any fraction greater than one half.
The number of children mentioned in this paragraph shall not be counted in any
other calculation of units.
(e) Programs shall be conducted on a 12-month schedule for children who
are identified as severely mentally handicapped or autistic or traumatic brain
injured or deaf-blind or orthopedically disabled, 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 autistic children a school
district may extend school attendance to 1,426 hours. 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 11th and 12th 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) Programs shall be conducted on a 12-month schedule for children who
are identified as trainable mentally handicapped. Such programs shall not
exceed 217 pupil days and 222 teacher days in length. Enrollment of pupils
beyond 180 days per year in any such program will be on a voluntary basis upon
application by the parent. 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.
(g) An occupational-vocational unit for financing purposes shall mean
27,000 pupil minutes per week or major fraction thereof, after the first full
unit; provided, however, units shall be counted on the basis of 1 unit for
each 30 students or major fraction thereof 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
(A major fraction shall be considered a whole unit)
(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/o188 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. “Unit” or “unit of
pupils” shall mean 6 children per unit. Units so established shall be based
upon statewide needs and the program shall be an integral part of the Margaret
S. Sterck School for Hearing Impaired. Time spent with each child each week
may approximate the time devoted to kindergarten programs.
(l) In the case of persons, infant through age 20 inclusive, who are
autistic, 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. “Unit” or “unit of pupils” shall mean 4 autistic persons per
unit. Because of the low incidence of persons who are autistic, school
districts may, with the approval of the State Department of Education,
aggregate the enrollments of such autistic persons among a combination of
school districts for the purpose of establishing a unit. A unit so established
shall be assigned to 1 of the school districts and the enrollees so counted
shall not be counted in any other school district. An enrollee so counted may
be served by either a teacher in the district counting the enrollee when the
enrollee is transported to that district or in the district of residence by an
itinerant teacher sent there by the district authorized to count the unit.
Enrollments may also be aggregated by combinations of school districts for the
purpose of supporting related services specialists, or a director for
statewide programs of related services or administration.
(m) In the case of persons, infant through age 20 inclusive, who are
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.
“Unit” or “unit of pupils” shall mean 4 deaf-blind persons per unit.
Because of the very low incidence of persons who are deaf-blind, school
districts may, with the approval of the State Department of Education,
aggregate the enrollments of such deaf-blind persons among a combination of
school districts for the purpose of establishing a unit, except that even
though the pupil count may be less than otherwise required by this chapter,
there shall be a minimum of 1 such unit for the deaf-blind in each county. A
unit so established shall be assigned for administrative purposes to 1 of the
school districts involved and the enrollees so counted shall not be counted in
any other school district. An enrollee so counted may be served by either, a
teacher in the district counting the enrollee when the enrollee is transported
to that district or, in the district of residence by an itinerant teacher sent
there by the district authorized to count the unit. Enrollments may also be
aggregated by combinations of school districts for the purpose of supporting
related services specialists, or a coordinator for the state or areawide
programs of related services or administration.
(n)(1) In the case of developmentally delayed 3-year-old students and
speech or language delayed 3- and 4-year-old students as determined by the
Department of Education with the approval of the State Board of Education,
services shall be provided through an annual appropriation to the Department
of Education specifically for that purpose. Such students shall not be
included in the units authorized in subsection (d) of this section. For
purposes of this subsection, “developmentally delayed” shall mean children
age 3 who might otherwise be classified as learning disabled, seriously
emotionally disturbed or educably mentally handicapped.
(2)a. The Interagency Resource Management Committee (IRMC) shall have
administrative responsibility for all appropriations made to the Department of
Education pursuant to this subsection. The IRMC shall be composed of the
following members (or their designee with full voting powers):
1. Secretary of Education, who shall be the chairperson of the IRMC;
2. Secretary of the Department of Health and Social Services;
3. Secretary of the Department of Services for Children, Youth and Their
Families;
4. Director of the Office of Management and Budget;
5. Controller General.
The affirmative vote of a majority of all members shall be required to
take action.
b. The IRMC was created to promote interagency collaboration in the
service of those eligible for the Program for Children with Disabilities, to
promote the cost-effective use of existing resources /- federal and state,
public and private, and to promote the opportunity for coordination with
programs for other exceptional children. To accomplish these goals, the IRMC
shall do the following:
1. 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.
2. Coordinate resources, federal and state and public and private, to
support family-centered services for eligible children and their families, as
appropriate.
3. 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.
4. At its discretion, hire a full-time coordinator who shall report to
the IRMC. The coordinator shall serve as liaison to the Department of
Education, Curriculum and Instructional Improvement Branch.
5. Periodically review eligibility criteria for services offered under
this subsection and make recommendations as appropriate.
c. The IRMC may, at its discretion, apply for and allocate grant funds
that will serve children eligible for services offered under this subsection.
Sources of such grant funds may include the federal Childcare Block Grant,
Developmental Disabilities Council, federal Child and Maternal Health Grant,
federal Title XX, and Delaware First Again grants, where appropriate.
d. The IRMC is hereby granted the power to use any funds under its
control and not otherwise restricted to either hire employees or contract for
services.
e. 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:
1. A summary of IRMC experience in attempting to accomplish its purposes
as stated above; and
2. A recommendation of the IRMC whether and how to institutionalize its
activities and functions.
f. 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.
g. For the purpose of facilitating the continuation of services,
programs receiving an allocation under the provisions of this section may
receive 20 percent 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 Policy Coordinator. Upon IRMC approval, adjustments to
the program allocations may be made.
h. The IRMC shall be the designated forum through which the Coordinating
Council for Children with Disabilities (CCCD) will provide regular program
updates regarding the Integrated Services Information System (ISIS). The IRMC
will also serve as the venue through which additional funding requests and/oor
program needs of ISIS may be presented. An active partnership with the private
sector participants of ISIS shall be maintained, with related activities
included in the status reports to the IRMC.
(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. However, such appropriated funds may be used for
directly related educational projects and/oor programs if approved by the
Department of Education, provided that the State Board may review any
objection to such use.
(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(7); 75 Del. Laws, c. 155, §§ 6, 7.)
§ 1704. Number of units in a school district; method of calculation;
actual unit count; guaranteed units; optional unit count.
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”; provided however, that any units later
disallowed by the Department or the State Auditor shall be deducted from that
actual unit count for purposes of calculating the guaranteed unit count in
accordance with paragraph (2) of this section.
(2) The actual unit count as determined in paragraph (1) of this section
shall be multiplied by 1 and the product shall be known as the “guaranteed
unit count.”
(3) The Department of Education shall annually (after September 30)
certify and report the number of units as required in § 1710 of this title, by
certifying for each school district whichever is the greater of the following:
a. The actual unit count for the current school year; or
b. The guaranteed unit count calculated using the actual unit count for
the immediately preceding school year.
(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 1st 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/oParent 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.)
§ 1705. Determination of amount of Division I appropriation; Division III
funds.
(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, except as provided for in
subsection (b) of this section, shall be appropriated to any school district
to provide salaries for teachers in excess of 1 teacher for each unit of
pupils in such school district. These funds shall include salaries for as many
teachers as the school district shall have certified state units of pupils. 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 III educational advancement 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.)
§ 1705A. Maximum student-instructor ratio requirements.
(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/oLanguage 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, federal Title I, 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/oParent 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.)
§ 1706. Determination of amount of Division II appropriation.
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.)
§ 1707. Division III equalization funding.
(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) “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.
(2) “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 (1) of this
subsection, as of September 30 of the fiscal year immediately preceding the
fiscal year for which Division III funds are appropriated.
(3) “Authorized amount” means $29,650 for fiscal year 2006 and as
established in the annual State Budget Appropriation Act thereafter.
(4) “Units of pupils” means the total number of Division I units as
specified in § 1703 of this title.
(5) “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.
(6) “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.
(7) “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.
(8) “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, two 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.
(9) “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.
(10) “State average effort” means the authorized amount times 68.1%
divided by the State average ability.
(11) “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.
(12) “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.
(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 for special schools as defined
in paragraph (b)(1) of this section, except Intensive Learning Centers serving
pupils of 1 district only, shall be equal to the State share for the
vocational-technical school district in the county in which the special school
is located. Intensive Learning Centers that serve only students of 1 district
shall receive a State share equal to the State share for the district
operating the Intensive Learning Center. 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 2008, 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.)
§ 1708. Form of appropriation.
(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.)
§ 1709. Use of appropriation for purpose other than that designated.
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.)
§ 1710. Certification of number of units by Secretary of Education.
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.)
§ 1711. Salaries in excess of state supported uniform salary schedules.
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.)
§ 1712. Transfer of appropriation of closed and consolidated district.
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.)
§ 1713. State School Fund income and General Fund.
Repealed by 71 Del. Laws, c. 180, § 107A, effective July 31, 1997.
§ 1714. Acquisition of school sites, Advanced Planning and Real Property
Acquisition Fund; purchase; sale; repayment.
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.)
§ 1715. Unit of pupils for kindergartens.
Repealed by 64 Del. Laws, c. 315, § 5, effective July 1, 1984.
§ 1716. Unit for academic excellence.
(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 one-half 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.
(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.
(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 aides or 2 instructional aides 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 $35,000 per unit.
(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.)
§ 1716A. Related services unit and funding.
(a) “Related services unit” is defined for funding purposes as 1
funding unit for each 30 units of certain handicapped children identified and
served in a school district, grades K through 12, excluding units for
enrollees identified as autistic, severely mentally handicapped, deaf/oblind,
traumatic brain injured, orthopedically disabled, other health impaired and
hearing impaired. Districts shall qualify for partial funding for a related
services unit for a fractional part of 30 units.
(b) Each pupil counted in establishing a unit for handicapped pupils 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, handicapped pupils 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 pupils
because of their handicap 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 handicapped child 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
handicap 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 handicapped pupils, 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.)
§§ 1716B-1716D. Gifted or talented unit and funding; disruptive pupil
referral unit and funding; Education Refinement Program unit and funding.
Repealed by 68 Del. Laws, c. 84, § 204, effective July 1, 1991.
§ 1717. Employment of personnel.
(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/oor 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/oor 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,
§ 1718. Matching federal funds.
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.)
§ 1719. Adjustment of appropriations.
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/oor 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. To the extent that
the actual certified unit count of any individual district is less than the
amount of units initially allocated to that district by the Department, the
district's state funding shall be reduced accordingly by the Department and
the Director of the Office of Management and Budget.
(62 Del. Laws, c. 68, § 53; 71 Del. Laws, c. 180, § 113; 75 Del. Laws, c. 88,
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.
(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.)
§ 1721. Autistic unit and funding.
(a) Programs for autistic children 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 autistic persons per unit.
(63 Del. Laws, c. 177, § 5; 71 Del. Laws, c. 180, § 115.)
§ 1722. Accounting for textbooks, subject matter materials and other
school property entrusted to individual students.
(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) Each reorganized school district shall provide to the Secretary of
Education and each member of the Joint Finance Committee by February 1 of each
year a copy of its current policy adopted pursuant to this section, together
with an accounting of costs recovered, costs which are not recovered, public
service hours required in lieu of cost repayment, public service hours
performed and disciplinary action taken pursuant to its policy in the past 3
years.
(70 Del. Laws, c. 571, § 1; 71 Del. Laws, c. 180, § 116.)
§ 1723. Comprehensive school discipline improvement programs.
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.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 214, effective May 1, 2008.
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