§ 2301. | § 2302. | § 2303. | § 2304. | § 2305.
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, § 2301; 57 Del. Laws, c. 113.)
§ 2302. Gifts of buildings or grounds; title.
School boards may receive donations of playgrounds, school grounds and
school sites, or of buildings already built suitably located and adapted to
school purposes, but in no case shall any site be built upon or any building
accepted until a good and sufficient title has been obtained for the same in
the name of the school board.
(32 Del. Laws, c. 160, § 51; 33 Del. Laws, c. 176, § 1; Code 1935, § 2715; 14
Del. C. 1953, § 2302; 56 Del. Laws, c. 292, § 29.)
(a) When lands are required for the site of a school house, or for
enlarging a school house lot, or for playgrounds or other school purposes and
the Department of Education or the school board shall for any cause be unable
to contract with the owner or owners thereof upon what they deem to be a fair
valuation thereof, the Department and the school board, or either of them, may
institute condemnation proceedings in accordance with Chapter 61 of Title 10.
(b) No lot so taken or enlarged shall exceed, in the whole, including
the land occupied by the school building, more than 15 acres for a school
whose certified enrollment is less than 500 pupils.
(c) No lot so taken or enlarged shall exceed, in the whole, including
the land occupied by the school building, more than 25 acres for schools
having a certified enrollment in excess of 500 pupils.
(d) Certified enrollment, as used in this section, means the official
net enrollment at the end of any school years as determined by the Department
of Education, or, in the case of a proposed new school, the normal capacity of
the proposed school building as approved by the Department of Education.
(e) Any proposed action pursuant to Chapter 61 of Title 10 shall be
approved by appropriate resolutions of the local board of education and by the
Department of Education. The Department shall, in the usual manner, review the
building and site needs of the local district before deciding whether or not
to adopt a resolution indicating the need for procuring the land as provided
by Chapter 61 of Title 10 and the maximum number of acres involved.
(32 Del. Laws, c. 160, § 52; 34 Del. Laws, c. 165; Code 1935, § 2716; 48 Del.
Laws, c. 46, § 1; 14 Del. C. 1953, § 2303; 52 Del. Laws, c. 230; 57 Del. Laws,
c. 113; 71 Del. Laws, c. 180, § 128.)
§ 2304. Financing and construction.
The School Building Program Acts of 1951, and 1949, being Chapter 148 of
Volume 48, Laws of Delaware, and Chapter 2 (Second Special Session) of Volume
47, Laws of Delaware (pages 1076 to 1090), are continued in full force and
effect and shall govern the financing and construction of the school building
programs and projects dealt with therein.
(14 Del. C. 1953, § 2304.)
(a) The engineering, maintenance and construction supervision for
sidewalks leading to a school site shall be performed for the district by the
State Highway Department except for snow removal. Such sidewalks may be
located on land or rights-of-way under the control of the State Highway
Department or on other land or rights-of-way provided for such purpose.
(b) Sidewalks financed by issuance of bonds by a school board may be
constructed only after the need for such sidewalks is ascertained by the
school board by careful examination of transportation facilities in the
district and the project has been approved by the State Highway Department and
the Department of Education.
(c) When considering granting approval for sidewalk construction, the
local board and State Department of Education shall take into consideration
the current rule governing permanent free bus transportation and shall make
sure there is no overlapping. Both shall also consider frequency of exposure
to traffic hazards and the possible existence of mechanical hazards. The
procedure prescribed by § 2106 of this title must be fulfilled.
(14 Del. C. 1953, § 2305; 52 Del. Laws, c. 99, § 2; 54 Del. Laws, c. 319, §§
1, 2; 71 Del. Laws, c. 180, § 128.)
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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