§ 2001. | § 2002. | § 2003. | § 2004. | § 2005. | § 2006.
As used in this chapter:
(1) “District” means a reorganized school district.
(2) “School board” means a board of education of a reorganized school
district.
(14 Del. C. 1953, § 2001; 53 Del. Laws, c. 353, § 1; 57 Del. Laws, c. 113.)
§ 2002. Establishment of standard formula.
The Department of Education shall establish a standard school
construction formula which shall be uniform throughout the State. The standard
formula so established shall take into consideration the different educational
requirements at the various grade levels and the number of pupils for whom the
facilities are planned.
(14 Del. C. 1953, § 2002; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, §
122.)
§ 2003. Determination of costs for state aid.
The Department of Education shall use the standard school construction
formula for determining the cost of school construction, either new or
additions, for the various districts. Such costs shall be used as the base
upon which state aid for school construction to the various districts shall be
allocated.
(14 Del. C. 1953, § 2003; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, §
122.)
§ 2004. Construction of facilities exceeding the standard formula.
This chapter shall not prevent the Department of Education from
approving school construction requests submitted by districts when such
requests vary from the standard formula; provided, however, that when the
costs of the facilities so approved exceed the costs determined by the
standard formula, the voters in the districts so affected may authorize and
limit by referendum the expenditure of funds to the amount based on the
standard formula, such referendum to be held in accordance with Chapter 21 of
this title. The election may be conducted by the use of printed paper ballots
or by the use of voting machines. Provisions shall be made for the following
form to appear on the printed paper ballots next to squares added for
convenience in marking and on the voting machine:
Section I /- Vote for one
A. For a bond issue at this time
B. Against a bond issue at this time
Section II /- Vote for one
In the event that the majority of votes cast in Section I is for a bond
issue, which bond issue would you prefer?
A. For the bond issue in the amount of $____ as recommended by the
school board.
B. For the bond issue in the amount of $____ as determined from the
standard formula by the Department of Education.
The amounts of the proposed bond issues shall be inserted in the
appropriate spaces on the ballot. Section I of the ballot shall be counted
first. If the majority is for issuance of a bond (Section I) then Section II
shall be counted and in no case shall the bond issue recommended by the school
board be authorized with less than a majority of the total ballots validated
for count; the lack of which majority will constitute a positive bond issue
authorization by the standard formula of the Department of Education.
(14 Del. C. 1953, § 2004; 53 Del. Laws, c. 353, § 1; 58 Del. Laws, c. 8; 62
Del. Laws, c. 184, § 3; 71 Del. Laws, c. 180, § 122; 74 Del. Laws, c. 122, §
48.)
(a) Reorganized school districts and charter schools authorized pursuant
to Chapter 5 of this title are authorized to enter into satellite school
agreements pursuant to this section. For purposes of this section, a
“satellite school” is defined as a public school that operates in physical
facilities leased from, donated by or located on property that is owned or
leased by a private sector or governmental employer which is not the school
district or charter school operating the satellite school.
(b) The Department of Education shall promulgate rules and regulations
for the approval of satellite school agreements. Such rules and regulations
shall ensure that the physical facilities in which satellite schools operate
are sufficient to protect the health and safety of the students who attend
such schools, but shall not require that those physical facilities meet the
same requirements established by the Department pursuant to § 2002 of this
title for schools constructed and owned by reorganized districts. The State
Risk Manager shall provide assistance to the Department in establishing
regulations governing the respective obligations of the school district or the
charter school operating the satellite school and the employer or employers
providing the physical facility for the operation of the satellite school for
any liabilities that may be incurred pursuant to a separate provision of this
Code or other provision of law. Satellite schools and their employees shall
have the same immunities from liability as other public schools and their
employees.
(c) Reorganized districts shall establish procedures for admissions to
non-charter school satellite schools consistent with those established by
Chapter 4 of this title and charter schools shall establish procedures for
admissions to satellite schools consistent with those established by Chapter 5
of this title; provided however, that preference in admissions to satellite
schools may also be given to students whose parents are residents of the State
and who work at the worksite at which the satellite facility is located so
long as such preference is made equally available to such students without
regard to the jobs their parents hold at the worksite or without regard to
whether the students” parents work for the employer who controls the worksite
or a contractor of such employer. Such preference may also be extended to
students whose parents work at a physical facility located within a 1-mile
radius of the satellite school for an employer or the contractor of any
employer, which is a party to a satellite school agreement with a reorganized
district and which provides assistance pursuant to such agreement in the
provision of the physical facility for the operation of the satellite school.
(70 Del. Laws, c. 366, § 1; 71 Del. Laws, c. 180, § 123.)
§ 2006. Subdivision impact and permit fees.
(a) Notwithstanding any law, rule, ordinance, or charter provision to
the contrary, no county or municipality is permitted to assess permit fees,
impact fees, or other assessments on a school district for any school
construction project. This section does not prohibit a political subdivision
from charging utility fees for usage of such utility provided the rate is no
higher than that of other properties within the political subdivision nor
shall this section prohibit the charging of a surcharge relating to building
permit construction value to provide funding for volunteer fire or ambulance
companies.
(b) For the purposes of this section:
(1) “Impact fees” or “other assessments” shall not include any fee
assessed for maintaining or increasing water supply, wastewater transmission
line capacity, or wastewater facility capacity.
(2) “Permit fees” or “other assessments” shall not include a fee or
assessment to reimburse the jurisdiction for the approximate and reasonable
cost to inspect and enforce applicable building, zoning, water, and wastewater
codes or ordinances.
(c) Arbitration procedure. --
(1) If a school district disagrees with the reasonableness of fees
imposed and subject to this section, a right to an arbitration procedure in
front of a 3 member panel is hereby established. The municipality or county
and the school district shall each choose a member of the panel, and the third
member shall be chosen by agreement of the remaining members of the panel and
shall chair the panel. The decision of this panel shall be final and binding
on the parties.
(2) For the purposes of this section, it shall be reasonable to base a
fee upon the actual cost incurred, and 10% administrative support costs to
provide the service.
(75 Del. Laws, c. 355, § 1.)
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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