§ 601 Definitions.
For the purpose of this chapter the following terms shall have the following meanings:
(1) “Receiving district” shall mean any reorganized school district which enrolls in its schools any pupil who is not a resident of such “receiving district.”
(2) “Residence”. — A pupil shall be considered a resident of the reorganized school district based on meeting the residency qualifications established by § 202 of this title.
(3) “Sending district” shall mean any reorganized school district which sends to the schools of a “receiving district” any pupil who is not a resident of such “receiving district.”
§ 602 Method of computation and payment of tuition charges for nonresident pupils.
(a) Except in the cases provided for in § 603(c) of this title, no pupil shall be transferred from 1 school district to another school district without the written approval of the school board of both the sending and receiving districts. A reorganized school district receiving any pupil who is a resident of another reorganized school district shall collect a tuition charge for the nonresident pupil; provided however, that the tuition charge may be waived if such waiver is granted by the board of education of both the sending and receiving districts. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax which shall be levied for this specific purpose.
(b) In determining the tuition to be charged, the receiving district shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the authorized program and grades and attending all public schools in the receiving district as of September 30 of the current school year. The cost for the current year may be estimated cost and shall include an amount, added or subtracted from the estimate, which amount will represent the difference between the estimated and the actual costs of the tuition charges for the same purpose in the previous year. The resulting figure shall represent the amount of tuition charge per pupil in the current year. In Fiscal Year 1970 or later, the receiving district may include tuition charges for the previous year and the current year.
(c) The bill for tuition charges shall be verified by the Secretary of Education within 20 days after receipt of such bill. No bill for tuition charges shall be paid until such time as it has been certified by the Secretary of Education as being true and correct.
(d) For each pupil attending a public school of another district as of September 30, the receiving district shall bill the sending district and the sending district shall pay the tuition charges per pupil on or before January 1 of the fiscal year in which the bill is submitted to the sending district for payment. In the case of pupils attending the public schools of the receiving district for less than a full term, the tuition charge shall be prorated by reference to the period of time during which such pupils actually attended the receiving district’s schools, provided that attendance for part of any month shall be counted as a full month of attendance.
(e) Any reorganized school district sending pupils to the schools of another district shall levy and collect a tax to pay any tuition charges to the receiving district, and such tuition shall be collected by local taxation within the sending district according to the provisions of taxation as set forth in Chapter 19 of this title, except that no referendum shall be required. The sending district shall estimate the amount of, determine the rate for and levy the tax upon the estimate at the time that regular tax levies are announced to the appropriate taxing authorities, and the levy shall be adjusted annually to correct errors in the estimate as provided for in subsection (b) of this section.
14 Del. C. 1953, § 602; 52 Del. Laws, c. 134, § 1; 54 Del. Laws, c. 164; 54 Del. Laws, c. 392; 57 Del. Laws, c. 113; 57 Del. Laws, c. 206, §§ 1-3; 60 Del. Laws, c. 486, § 1; 67 Del. Laws, c. 47, § 236; 67 Del. Laws, c. 233, § 1; 71 Del. Laws, c. 180, § 32; 72 Del. Laws, c. 395, §§ 374, 375.;
§ 603 Exceptions and claims.
(a) This chapter shall not apply when the payment or acceptance of such tuition charge is contrary to any educational program involving the use of federal matching funds which prohibits the payment or acceptance of such tuition.
(b) Section 602(a) and (b) of this title shall not apply to children with disabilities as defined in Chapter 31 of this title. Such children shall be subject to § 604(a) and (b) of this title.
(c) When a student has transferred to a new district pursuant to the voluntary transfer provisions, the sending district shall immediately upon request of the receiving district transfer the student’s records to the receiving district.
14 Del. C. 1953, § 603; 52 Del. Laws, c. 134, § 1; 53 Del. Laws, c. 95; 53 Del. Laws, c. 142, § 3; 53 Del. Laws, c. 433; 57 Del. Laws, c. 113; 60 Del. Laws, c. 486, § 2; 61 Del. Laws, c. 32, § 6; 61 Del. Laws, c. 260, §§ 5, 6; 71 Del. Laws, c. 180, § 33; 78 Del. Laws, c. 5, § 5.;
§ 604 Special programs.
(a) If any pupil is counted in the preschool, intensive or complex unit and attends school in a program operated by a district other than that in which the pupil resides, by an agency of the Department of Education or is in an approved private placement pursuant to § 3124 of this title, the receiving district or the Department of Education shall collect a tuition charge for the nonresident pupil, provided approval for attendance has been granted by the sending district. Such tuition charge shall be paid by the school board of the reorganized school district in which the pupil is a resident from the proceeds of a local tax levied for this specific purpose, except that in the case of a district assigned by the Department with the approval of the State Board of Education to administer a school or program for children with disabilities, or special programs approved by the Department of Education for persons without disabilities such as programs for bilingual students or programs for pregnant students, the district so assigned shall be both the sending and receiving district in regard to that school or program and is authorized to collect tuition charges accordingly.
(b) In determining the tuition to be charged for a pupil counted in the preschool, intensive or complex units or for a person without disabilities attending approved special programs, such as bilingual programs or programs for pregnant students operated by a district other than that in which the student resides or by an agency of the State Department of Education, the receiving district or the State Department of Education shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by the Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the special program as of September 30 of the current school year. The resulting figure shall represent the amount of the “tuition charge” per pupil.
(c) In determining the tuition charged to the sending district in the case of private placement for children with disabilities, tuition will be defined as in § 3124 of this title and the sending district will be charged 30 percent of the total tuition cost. The remaining 70 percent will be covered through funding provided by the State Department of Education from the annual appropriation for this purpose.
(d) Section 602(c)-(e) of this title shall apply to this section.
14 Del. C. 1953, § 604; 53 Del. Laws, c. 142, § 4; 57 Del. Laws, c. 113; 57 Del. Laws, c. 206, § 4; 62 Del. Laws, c. 191, § 1; 68 Del. Laws, c. 84, § 219; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, §§ 34-36; 72 Del. Laws, 1st Sp. Sess., c. 257, § 1; 72 Del. Laws, c. 395, §§ 373, 376, 377; 73 Del. Laws, c. 312, §§ 301, 302; 73 Del. Laws, c. 321, §§ 6, 7; 78 Del. Laws, c. 5, §§ 6-10.;
§ 605 Inmates of children’s homes or institutions.
(a) The school board of any reorganized school district in which there is located any orphans’ home, home for the friendless, children’s home, other institutions for the care of orphans or other children or any institution to which children are assigned by any court for any reason, may at the discretion of such board permit any children who are inmates of such homes or institutions but not legal residents in such district to attend the public schools in said district; and the district of residence shall be liable for the tuition of such pupils.
(b) If a charge is made by any reorganized school district for tuition for the inmates of any homes or institutions who are in attendance in such district’s schools, the officers of the homes or institutions shall submit to the school board a sworn statement setting forth the names, ages and school district liable for tuition of all children who desire to attend public schools in the district, and who are inmates thereof as of September 30 of each year, together with a blank acknowledging or disclaiming residence signed by the secretary of the reorganized school district in which the home or institution declares the legal residence of the children to be. If the sending district does not return the said blank with an acknowledgment or disclaimer within 30 days from the time it was mailed, the Secretary of Education shall withhold from Division III entitlement the tuition for such inmates from the district of residence upon receipt of a sworn statement setting forth the names, ages, tuition charges and district of legal residence, such sworn statement to be furnished by the receiving district.
§ 606 Out-of-state students.
A child with a disability who is a resident of a state or country other than Delaware or the United States of America may be accepted, at the discretion of the receiving district, to attend a Delaware school under the following restrictions:
(1) Children with disabilities, only, as defined in § 3101 of this title, or for whom units are specified in § 1703 of this title, may be accepted for admission to a district to receive special education and related services after the receipt of certification from the Secretary of Education that provisions have been made for all eligible state students;
(2) Full tuition costs as determined annually by the Secretary of Education shall be paid in advance by semester by the out-of-state or out-of-country school district, state or national agency or parent. The tuition cost shall reflect all state, local district and federal expenditures for the education of children with disabilities counted in preschool, intensive or complex units, excluding pupil transportation costs which shall not be the responsibility of the receiving Delaware school district or the State. State costs shall be reimbursed to the General Fund of the State and local district costs shall be retained by the receiving district.
§ 607 Children of district employees who reside out-of-state.
(a) Out-of-State children whose parent or legal guardian is employed on a full-time basis by any reorganized school district may attend school in the district where the parent or guardian is employed during the period of the parent or guardian’s employment upon written approval of the receiving district and payment of tuition if charged by the district. Such children may not be included in the annual unit count for state funding purposes.
(b) Tuition charges, if imposed, shall be computed and certified by the Secretary of Education in accordance with § 602(b) and (c) of this title.
§ 608 Applicability of chapter.
The provisions of this chapter shall not apply to any transfers, re-assignments, or enrollment changes made with respect to any student under the provisions of Chapter 4 of this title, nor to any transfers, re-assignments, or enrollment changes made with respect to any vocational-technical centers or schools established pursuant to § 205 of this title.