Subchapter III. School Boards of Reorganized School Districts
TITLE 14
Education
Free Public Schools
CHAPTER 10. REORGANIZATION OF SCHOOL DISTRICTS
Subchapter III. School Boards of Reorganized School Districts
§ 1041. Definitions.
As used in this subchapter:
(1) "Reorganized school district" as used in this subchapter means a school district constituted and established under this chapter whether by reorganization, consolidation or division.
(2) "School board" as used in this subchapter means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division.
(3) "School board member" as used in this subchapter means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter.
14 Del. C. 1953, § 1041; 56 Del. Laws, c. 292, § 6.;
§ 1042. School boards to which this subchapter applies.
This subchapter applies to school boards of all reorganized school districts in this State, except where otherwise provided in this subchapter.
14 Del. C. 1953, § 1042; 56 Del. Laws, c. 292, § 6.;
§ 1043. Authority.
In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State.
14 Del. C. 1953, § 1043; 56 Del. Laws, c. 292, § 6; 71 Del. Laws, c. 180, § 46.;
§ 1044. Designation of official office.
The official office of the school board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise adequately provided for and publicly advertised.
14 Del. C. 1953, § 1044; 56 Del. Laws, c. 292, § 6.;
§ 1045. Annual meeting; election of officers.
(a) Each school board shall hold an annual meeting at its office in July of each year.
(b) At each annual meeting the school board shall elect 1 of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in the president's stead.
(c) At each annual meeting, the school board shall designate the chief school officer or superintendent as the executive secretary of the school board.
14 Del. C. 1953, § 1045; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1046. Compensation of school board members.
A school board member shall receive no compensation for that member's services.
14 Del. C. 1953, § 1046; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1047. Treasurer.
The State Treasurer shall serve as treasurer of each reorganized school district in the State and shall receive all moneys to which the reorganized school districts are entitled by law and all those moneys collected for school purposes by the receiver of taxes and county treasurer or their successors of each county, who shall deposit all such moneys in the legal depository for State moneys in the custody of the State Treasurer.
Where any provision of this section is inconsistent with Chapter 92, Volume 23, Laws of Delaware, as amended, relating to the school district of the City of Wilmington and the Board of Public Education in Wilmington, Chapter 92, Volume 23, Laws of Delaware, as amended, shall control.
14 Del. C. 1953, § 1047; 56 Del. Laws, c. 292, § 6.;
§ 1048. Regular and special meetings; quorum; roll call vote.
(a) Regular meetings of the school board shall be held each month during the year at the regular meeting place designated by the school board.
(b) Special meetings of the school board may be held whenever the duties and business of the school board may require.
(c) No business shall be transacted at any meeting of the school board without a quorum, such quorum to consist of a majority of the members of the board. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole school board.
(d) A roll call vote of all board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote shall then be so recorded and considered a matter of public record.
14 Del. C. 1953, § 1048; 56 Del. Laws, c. 292, § 6; 59 Del. Laws, c. 91, § 1; 73 Del. Laws, c. 262, § 1.;
§ 1049. Policy making [Effective until fulfillment of the contingencies in 75 Del. Laws, c. 440, § 8]
The school board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations of the State, shall, in addition to other duties:
(1) Determine the hours of daily school sessions, the holidays when
district schools shall be closed, and the days on which teachers attend
educational improvement activities. This authority is subject to the
requirement that all school district calendars must provide for school
attendance of at least the following number of hours:
Kindergarten: 440 hours
Grades 1-11: 1060 hours
Grade 12: 1032 hours
The waiver provisions in § 1305 of this title also apply to the district calendar.
The number of hours in a school day for grades 1-12 shall be at least 31/2 hours exclusive of lunch, and abbreviated days shall not be scheduled on the last school day prior to a scheduled holiday. In the case of an unplanned delay, or early dismissal caused by weather or other unforeseen emergency conditions, such a delay or early dismissal shall be no more than 2 hours. All district calendars shall be adopted by April 30 for the following school year and may only be amended following a 30-day public notice.
(2) Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools;
(3) Enforce the provisions of this title relating to school attendance;
(4) Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;
(5) Adopt courses of study;
(6) Select, purchase, and distribute free of charge such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools;
(7) Provide forms on which regular school employees shall make such reports as may be required by the school board;
(8) Make all reports required by the Secretary of Education, at such time, upon such items and in such form as may be prescribed by the Secretary of Education;
(9) Appoint personnel.
14 Del. C. 1953, § 1049; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 365, § 2; 71 Del. Laws, c. 15, §§ 1, 2; 71 Del. Laws, c. 132, § 364; 71 Del. Laws, c. 180, § 47; 72 Del. Laws, c. 6, § 1.;
§ 1049. Policy making [Effective upon fulfillment of the contingencies in 75 Del. Laws, c. 440, § 8]
(a) The school board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations of the State, shall, in addition to other duties:
(1) Determine the hours of daily school sessions, the holidays when
district schools shall be closed, and the days on which teachers attend
educational improvement activities. This authority is subject to the
requirement that all school district calendars must provide for school
attendance of at least the following number of hours:
Beginning at the start of the 2008-2009 school year, Kindergarten: 1060 hours
Grades 1-11: 1060 hours
Grade 12: 1032 hours
The waiver provisions in § 1305 of this title also apply to the district calendar.
The number of hours in a school day for grades K-12 shall be at least 31/2 hours exclusive of lunch, and abbreviated days shall not be scheduled on the last school day prior to a scheduled holiday. In the case of an unplanned delay, or early dismissal caused by weather or other unforeseen emergency conditions, such a delay or early dismissal shall be no more than 2 hours. All district calendars shall be adopted by April 30 for the following school year and may only be amended following a 30-day public notice.
Notwithstanding the provisions of this subsection, a local school district may request a waiver of the minimum number of hours for kindergarten, provided the local school district demonstrates evidence of the inability to implement full-day kindergarten to the Secretary of Education, Controller General, and the Director of the Office of Management and Budget. Evidence may include, but not be limited to, 2 consecutive failed referenda requesting funds for the implementation of full day kindergarten, lack of capacity, unavoidable construction delays. The waiver request shall be submitted to the Secretary of Education no later than February 15 of the school year prior to the next school calendar year and be valid for 1 school year, after which the district may re-apply for an additional waiver.
(2) Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools;
(3) Enforce the provisions of this title relating to school attendance;
(4) Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;
(5) Adopt courses of study;
(6) Select, purchase, and distribute free of charge such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools;
(7) Provide forms on which regular school employees shall make such reports as may be required by the school board;
(8) Make all reports required by the Secretary of Education, at such time, upon such items and in such form as may be prescribed by the Secretary of Education;
(9) Appoint personnel.
(b) Notwithstanding any provision or section of this chapter to the contrary, each school board shall provide a stand-alone, self-contained half-day kindergarten option within the district, provided there are 18 or more children signed up for a half-day kindergarten option.
14 Del. C. 1953, § 1049; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 365, § 2; 71 Del. Laws, c. 15, §§ 1, 2; 71 Del. Laws, c. 132, § 364; 71 Del. Laws, c. 180, § 47; 72 Del. Laws, c. 6, § 1; 75 Del. Laws, c. 440, §§ 2-5, 7.;
§ 1049A. Waiver of local regulations.
For the purpose of ensuring that local board regulations do not impede innovation or the improvement of student achievement, any school-based committee established pursuant to this title or the principal of any school without such a committee who demonstrates significant faculty support for the waiver application may apply to its local board for a waiver of any regulation, rule or policy and the local board may grant such waiver where:
(1) Such a waiver would further the accomplishment of state and local educational policies, particularly those addressing student achievement in the core academic subjects of mathematics, science, language arts and social studies;
(2) Such a waiver would not impose undue administrative burdens upon the State or the local district or harm the district's ability to ensure that public funds are properly expended and the applicable state and federal laws are followed; and
(3) The purpose of the regulation, rule, or policy to be waived can be satisfied in a less burdensome or different manner than through compliance with the rule, regulation or policy.
The school making such waiver request shall give notice of the consideration by notices posted in at least 10 public places in its district and on the door of the school at least 20 days prior to the public meeting of the board of education at which the waiver request will be presented and discussed. The public shall be provided an opportunity to present comments concerning the waiver to be requested at a meeting of the local board following posting and preceding its formal adoption.
70 Del. Laws, c. 456, § 3.;
§ 1049B. Training program.
In order to best understand the educational and legal issues involved in special education due process hearings, each school board member shall receive training during that member's term on a school board concerning special education due process hearings. The Department of Education through regulations shall establish the criteria, material and method of such training program. Delivery of the training may be delegated outside the Department of Education.
77 Del. Laws, c. 314, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1050. Annual report.
On or before August 15 of each year, the school board of each reorganized school district shall file with the Department of Education a district report as required by § 124A of this title. Such district report shall be a public document and be made available to the citizens of the school district. Each school district is also encouraged to include in such report such additional information as it believes will help its citizens better understand the current conditions, accomplishments, and policies of the school district, as well as the expenditures, revenues and business and financial transactions of the school district for the prior fiscal year, and the need for the improvement and advancement of the schools within the school district.
14 Del. C. 1953, § 1050; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 458, § 3; 71 Del. Laws, c. 180, § 48.;
§ 1051. Election of school board members; exceptions.
(a) School board members shall be elected by the qualified voters of the respective reorganized school districts, except as may otherwise be provided by §§ 1061, 1062 [repealed], 1063 [repealed], 1064, 1065 and 1066 of this title.
(b) No person shall be elected or serve as a school board member who holds a paid position which is subject to the rules and regulations of such school board.
14 Del. C. 1953, § 1051; 56 Del. Laws, c. 292, § 6.;
§ 1052. Number; qualifications of members; 1 member elected each year; term of members.
(a) Unless otherwise provided in this chapter, each school board shall be composed of 5 members.
(b) Each member shall be a citizen of the State and resident of the school district in which elected or appointed and shall be qualified to vote at a school election in that district at the time of such election or appointment.
(c) Unless otherwise provided in this chapter, 1 school board member shall be elected each year except where an unexpired term of a former member is also to be filled.
(d) Unless otherwise provided in this chapter each school board member shall be elected for a term of 5 years except when such election is to fill an unexpired term, said term commencing on July 1 following such member's election.
14 Del. C. 1953, § 1052; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1053. Oath of office of the school board member.
(a) Each school board member shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Delaware, and the laws of Delaware governing public education, and that I will faithfully discharge the duties of the office of school board member according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm)."
(b) The oath or affirmation shall be administered by the president or vice-president of the school board of the school district or in the case of a newly constituted board by a person appointed by the Secretary of Education to administer said oath.
14 Del. C. 1953, § 1053; 56 Del. Laws, c. 292, § 6; 73 Del. Laws, c. 65, § 14; 77 Del. Laws, c. 45, § 1.;
§ 1054. Vacancy on school board.
(a) If any school board member ceases to be a resident of the reorganized school district, that member shall cease to be a member of its school board.
(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below:
(1) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than 5 business days following the vacancy.
(2) A person appointed to fill a vacant seat shall meet the qualifications to be elected to that seat.
(3) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district.
(4) When a vacancy occurs on a School Board after the second Friday in February of a fiscal year, the respective Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline shall be the first business day following that Saturday, Sunday or state holiday.
(c) In the event that a majority of or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Candidate filings and elections held or appointments made pursuant to this section shall be held or made in accordance with this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members.
(d) In the event of vacancies under this section which are to be filled at the next regular school board election, candidates shall file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title.
14 Del. C. 1953, § 1054; 56 Del. Laws, c. 292, § 6; 57 Del. Laws, c. 378, § 1; 67 Del. Laws, c. 243, § 7; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 138, §§ 1, 2.;
§ 1055. Maintenance of school property.
The school board of each reorganized school district shall provide for the care of the buildings, grounds, equipment, apparatus and other school property and shall maintain the same in accordance with the standards adopted by the Department. The school board shall make all repairs to school property, purchase all necessary furniture and provide for adequate heating and proper ventilation of the buildings.
14 Del. C. 1953, § 1055; 56 Del. Laws, c. 292, § 6; 71 Del. Laws, c. 180, § 49.;
§ 1056. School property; use, control and management.
(a) As used in this section:
(1) "School property or school facilities" means buildings and land.
(2) "School equipment" as used in this section shall be deemed to mean, and to include, but not be limited to: kitchen equipment, projection equipment, office machines, laboratory equipment, industrial arts equipment, art equipment, home economics equipment, playground equipment, pools and scoreboards.
(b) All property, estate, effects, money, funds, claims and state donations vested by law in the public school authorities of any public school district prior to June 3, 1968, for the benefit of the public schools of such district, shall be under the control, management and custody of the school board of such district subject to § 1047 of this title. Any real and personal estate granted, conveyed, devised or bequeathed, or which may hereafter be granted, conveyed, devised or bequeathed on or after June 3, 1968, for the use of any public school district, shall be held in trust by the school board for the benefit of the public schools of the respective district. Such grants, bequests or money invested in trust for the use of any public school district shall be exempt from all state, county and local taxes.
(c) The control, management and custody of school property and school equipment in all public school districts shall be subject to the laws of this State, the rules and regulations of the Department of Education and the rules and regulations of the school boards of the respective school districts. Each school board shall adopt a set of rules and regulations governing the use of school property and school equipment within the respective district subject to the provisions hereinafter set forth.
(d) The primary purpose for the use of school property is the education of children and youth. The use of such property for purposes other than the primary purpose shall not be permitted whenever such use would interfere with the primary purpose. Any scheduled public school activity, whether taking place during the school day or otherwise, shall have precedence over any other activity for the use of such property. However, in order to encourage the citizens of any community to participate in worthwhile community activities, a school board shall consider any written request by 10 citizens of the respective district, or a recognized community organization, for the use of school property in such district for purposes other than the primary purpose. The decision of such school board regarding the granting of such requests shall be based upon a consideration of the following conditions, paragraphs (1) through (3) of this subsection, listed in order of importance:
(1) The facility requested for use has not been scheduled for use at the time requested;
(2) The use of the facility requested will be beneficial to children and youth and consistent with the program of education of the school district;
(3) The use of the facility requested will serve a purpose that is educational, cultural, civic, political or recreational;
(e) A local school board may permit the use of school property or school equipment under its jurisdiction free of charge for any school-sponsored organization, such as parent teacher organizations, as well as specified nonprofit organizations (including any youth group designated in Title 36 of the United States Code as a patriotic society). A local school board may also permit the use of school property or school equipment under its jurisdiction free of charge for any specified governmental agency. In order to be eligible to use school property and school equipment free of charge, a school-sponsored organization, a specified nonprofit organization or a specified governmental agency must be individually designated and approved by the local school board and must comply with all other building use policies approved by the local school board. A local school board may, however, adopt a policy charging school-sponsored organizations, nonprofit organizations and governmental agencies for costs incurred in excess of normal operations. Other organizations, including for-profit organizations, which receive approval to use school property and/or school equipment, shall be charged an amount at least equal to the costs incurred in excess of normal operations. Such costs shall be determined by the local school board, and shall include custodial salaries, other employment costs, heat, lighting and other identifiable operational costs. It shall be the local school board's responsibility to calculate these costs so that all excess costs are recovered and to maintain appropriate documentation of such calculations, which shall be subject to audit. Any fee schedule developed by the local school board shall be in accordance with the provisions of this title and Title 29. All such fees collected by a local school board shall be retained by the school district to be used as local funds for any permissible educational purpose.
(f) Any school board may refuse to permit the use of any school property under its jurisdiction for any purpose which, in its discretion, would tend to interfere with the program of the public schools or would not be in harmony with the purposes of public education in such matters as character building, the development of unprejudiced social attitudes and the training of pupils for responsible citizenship. Any dispute which may arise because of the refusal of any school board to permit the use of any school property under its jurisdiction to any organization or group of citizens shall be reviewed by appeal, in writing, to the State Board of Education.
(g) Any group of citizens permitted to use school property shall be responsible for any damages done to such property over and above the ordinary wear. The extent of such damage shall be determined by the school board having control over such property.
(h) Any school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.
(i) All public schools receiving an appropriation of state funds shall be governed by this section as a condition for the receipt of such state funds.
14 Del. C. 1953, § 1056; 56 Del. Laws, c. 292, § 6; 62 Del. Laws, c. 365, § 1; 64 Del. Laws, c. 50, § 2; 66 Del. Laws, c. 303, § 303; 71 Del. Laws, c. 6, §§ 1, 2; 71 Del. Laws, c. 180, § 50; 73 Del. Laws, c. 380, §§ 1-7.;
§ 1057. Sale or lease of property; disposition of proceeds.
(a) When any real property, title to which is held by a reorganized school district, is no longer needed for school purposes, it may be sold by the school district subject to the following:
(1) The board of education of the school district shall receive documented recommendations from the superintendent of schools of the district showing why the property is no longer needed for school district purposes;
(2) The board shall take action to consider such recommendations;
(3) The board shall release the recommendations for public review and shall announce by 10 days' notice in a news release to print and electronic media covering the district the time and place of a public hearing on the recommendation to dispose of the property in question;
(4) The board shall conduct the public hearing as announced;
(5) The board shall within 60 days of said hearing take action to accept, reject or modify the recommendation and proceed according to the terms of the recommendation in its current status. If the recommendation was rejected, no further action is required pending any future recommendation;
(6) Except for property acquired or constructed with 100% state funds upon affirmative decision to sell a property the board shall retain the services of 1 or more licensed real estate brokers or realtors who are not associated with any member of the board of education of that district and who shall determine a minimum price at which the property is to be offered for sale. In the event the property was acquired or constructed with 100% state funding, then this paragraph shall not apply;
(7) The property for sale shall be offered to other state agencies at the price determined in paragraph (6) of this subsection. Such offer to other state agencies shall be made through the Director of the Office of Management and Budget who shall in turn confer with the Department of Education. Together, they shall approve a purchase or release the district to proceed with another sale within 30 days of the offer by the board of education to the Director of the Office of Management and Budget;
(8) A state agency may negotiate to the extent feasible and practical to assume the state share in such property by transfer of the debt service obligation to the account of that agency without payment of cash for that share of the price set;
(9) If no other agency of state government declares its intent to purchase the property, the Board of Education shall proceed to offer said property to the local government in whose jurisdiction the property is located. Such an offer shall be made to the chief elected official of that local government. If the offer is not accepted within 30 days, the Board may proceed to sell the property on the open market;
(10) A public hearing for the sale of the property on the open market must be advertised at least once a week for 2 consecutive weeks in a newspaper published or circulated in each county of the State. Any proposal to purchase the property shall be delivered to the office of the Executive Secretary of the Board, or to such other place as shall be specified in the advertisement, no later than 5:00 p.m. on the last working day preceding the day fixed for the hearing, and the Board shall not consider any proposal submitted subsequent to that time. The Board shall act upon the proposals no sooner than 7 days and no more than 14 days following the hearing, during which period residents of the district may review the proposals at the office of the district during regular business hours and submit comments on the proposals. The Board shall consider such comments in acting upon the proposals. In its discretion, the Board may reject all proposals or accept a proposal subject to such modifications, except as to price, as the Board determines are appropriate;
(11) A sale on the open market may be conducted by the board and administrative staff of the district or through a licensed realtor or agency who is not associated with the appraiser or any member of the board of education of that district. Any final contract for such sale shall be approved within a period of 60 days by the Director of the Office of Management and Budget, who shall confer with the Department of Education. Approval will not be withheld unless the contract is found by the Director to be unreasonable, in which event the Director shall disapprove the sale and make specific written findings for such disapproval;
(12) When an offer to purchase the property at a price not less than fixed pursuant to paragraph (6) of this subsection is accepted by the board, the Facilities Management of the Office of Management and Budget shall direct that an appraisal be prepared by 2 independent appraisers licensed in Delaware who are from different firms. The amount of this confirmatory appraisal will be the average of the 2 appraisals. Any offer to purchase the property, including offers from state agencies or local governments, at a price not less than that fixed pursuant to paragraph (6) of this subsection may be accepted by the board provided that the purchase price specified in the offer is either not less than the amount established by the confirmatory appraisal or is amended to increase to the amount established by the confirmatory appraisal;
(13) The rights of bond holders shall not be jeopardized through such sale. This section shall be construed so as not to impair the rights of any bondholder, and all bonds outstanding shall remain in full force and effect according to the terms thereof;
(14) No sales agreement shall be entered into until it can be demonstrated that the purchaser of the property will use the property for purposes authorized according to the zoning requirements, if any, for the area in which the property is located. If any modification of zoning requirements is necessary, those modifications must be certified to by the appropriate zoning authority prior to the conclusion of the sale;
(15)a. The proceeds of sale of school district property financed, in whole or in part, with the proceeds of bonds issued by the State shall be paid to the State less costs incurred in selling the property after such costs have been met or provision for their payment has been made. The proceeds of sale attributable to the State financing of the property shall be deposited in the School Bond Reversion Account of the State in an amount that bears the same proportion to total net sale proceeds as the State's contribution to meet the cost of the property bears to the total cost of the property.
b. The remaining proceeds shall be deposited in a special fund of the State for the benefit of the selling school district. The money in those special funds shall be invested by and subject to the guidelines established by the Cash Management Policy Board separate and apart from other money invested by the Board. Interest earned, but not profit realized, from the investment of such proceeds shall be paid by the State Treasurer, not less than once nor more than 4 times in each fiscal year of the State, to the school district for which the proceeds are held, for any lawful school purpose, or reinvested pursuant to a written request to the State Treasurer from the school board for such school district. If the school board directs the reinvestment of the interest earnings, they shall become part of the corpus of such special fund.
c. The corpus of the special funds shall, at the direction of the appropriate school board, be applied to retire bonds issued by the school district or to meet the school district's local share of construction required by any school construction bond authorization act, as defined in Chapter 75 of Title 29, as amended.
d. Notwithstanding any other provisions of the above subparagraphs, when it can be documented that all or a part of the property was a gift to a reorganized school district, or its antecedent, the portion of the residual representing the gift shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. That portion not identifiable as a gift shall be distributed and deposited in conformance with paragraphs (a)(15)a. and b. of this section.
(b)(1) Notwithstanding § 1056 of this title, when any real property or part thereof of any reorganized school district is not then deemed necessary for school purposes, temporarily or permanently, the board of education of the district may lease such property or part thereof to any person or organization. The leasing person or organization may be required to pay a rental or fee to be determined by the board and to assume sole responsibility for the complete maintenance and preservation of the property, including compliance with all applicable building and housing codes, so that there will be no cost or obligation to the school district for the continued ownership of such property.
(2)a. Any funds raised from rent or charges collected by the school district during any lease term of 10 years or less shall be retained by the school district to be used as local funds for any permissible educational purpose. Any funds raised from rent or charges collected by the school district during any lease term of more than 10 years shall be applied to the costs of maintaining and operating the leased property, if any, with the balance to be turned over to the State Treasurer to be assigned to the State and the school district according to paragraph (a)(15) of this section.
b. Notwithstanding paragraph a. of this subsection, in the event that there is any outstanding, unpaid, bonded indebtedness held by the State with respect to the building or grounds leased by a local district in accordance with this section, or any identifiable portion thereof, a pro-rated portion of the lease proceeds in excess of the cost of custodial salaries and utilities associated with the lease shall be turned over to the State Treasurer during any period of the lease that the bonded indebtedness held by the State remains outstanding and unpaid. The amount of such excess lease revenues payable to the State shall be equal to the lesser of:
1. The actual debt service payable by the State during any period covered by the lease; or
2. The amount of the excess revenues generated by the lease during any period that the bonded indebtedness held by the State remains outstanding and unpaid, multiplied by a fraction equal to the State share in the major capital project or projects for which the outstanding, unpaid, bonded indebtedness was originally issued.
In the event that the outstanding, unpaid, bonded indebtedness relates only to an identifiable portion of the leased facility, the amount payable to the State Treasurer shall be the amount calculated in accordance with the preceding sentence, multiplied by a fraction, the numerator of which shall be the gross square footage of the identifiable portion of the leased facility which is included in the lease and the denominator of which shall be the gross square footage of the entire identifiable portion of the leased facility to which the outstanding, unpaid, bonded indebtedness relates.
(3) Before leasing such property or part thereof to any person or organization for any period in excess of 12 months, and before renewing any existing lease where the original term was for 12 months or less but the original term or terms together with the proposed renewal period or periods will exceed 12 months:
a. The school district board of education shall first offer to lease the property to state agencies. If, as a result of the public hearing, sufficient objections to the use of the property by a state agency have been raised, then the school district board of education may refuse to lease to a state agency.
b. If no agency of state government declares an intent to lease the property within 30 days of the offer, or if the lease by a requesting state agency is denied, the school district board of education shall offer to lease the property to the local government in whose jurisdiction the property is located. If, as a result of the public hearing, sufficient objections to the use of the property by the local government have been raised, then the school district board of education may refuse to lease to the local government.
c. If such local government does not declare an intent to lease the property within 30 days of the offer, or if the lease by a requesting local government is denied, the school district board of education may proceed either to offer to lease the property on the open market or enter into an agreement with a lessee, the terms of which are supported by an independent appraisal. If, as a result of the public hearing, sufficient objections to the use of the property by such third party lessee have been raised, then the school district board of education may refuse leasing to such third party lessee.
(4) No lease of property pursuant to this subsection shall be negotiated until the school district board of education has complied with the procedures set forth in paragraphs (a)(1) through (5) of this section.
(5) No lease of property pursuant to this subsection shall be entered into unless the proposed use of the property is compatible with the characteristics of the neighborhood in which the property is located.
(6) Should a school district contract with any person or organization to lease a classroom building during the regular school year, and specifically during normal operating hours, the State shall not be obligated to build or construct any additional space that may be needed by the school district as a result of entering into such lease.
(c) No sales agreement, lease or donation of real property described within this section shall be negotiated when such property contains or is an integral part of recreational facilities, such as athletic fields or playgrounds, unless and until the board has made specific findings with respect to such facilities after discussion thereof in public forum as described in paragraph (a)(3) of this section. In the event the property was acquired or constructed with 100% state funding, then this subsection shall not apply. Assignment of funds to bond payment shall occur according to the priority schedule in paragraph (a)(15) of this section.
(d) Any purchases, leases or donations not finalized as of April 8, 1982, shall be subject to all the terms and conditions described herein.
(e) Notwithstanding any provision of subsection (a), (b), (c) or (d) of this section, any real property:
(1) To which title is held by a reorganized school district free of any recorded liens;
(2) Which was originally purchased and paid for by 100% local district funds;
(3) Which is no longer needed for school purposes; and
(4) From the sale of which all proceeds would be retained by the local school district
may be sold by the district without first following the procedures set forth in subsection (a), (b), (c) or (d) of this section.
(f) Notwithstanding any provisions of subsection (a), (b), (c), (d) or (e) of this section, a school district may sell timber located on the real property of the school upon an affirmative vote of a majority of the members of the Board. Sixty percent of the net proceeds (after the expenses relating to the sale and any replanting of trees determined appropriate by the Board) from the sale shall be assigned to the school district to be used in conformance with paragraphs (a)(15)b. and c. of this section. The balance of the proceeds may be utilized by the Board as part of their general fund.
(g) Notwithstanding any provision of § 1056 of this title or subsection (b) of this section, when any real property or part thereof any reorganized school district is not then deemed necessary for school purposes, the board of education of the district may lease such property or part thereof to any person or organization for agricultural use. Such a lease may be in excess of 12 months without requiring the district to first offer to lease the property to State agencies, the local government in whose jurisdiction the property is located, or on the open market. The person or organization leasing such property for agricultural purposes shall be required to pay fair rental value of the property. Any funds raised by the school district for such purpose shall be retained by the school district to be used as local funds for any permissible educational purpose.
14 Del. C. 1953, § 1057; 56 Del. Laws, c. 292, § 6; 62 Del. Laws, c. 351, § 13; 63 Del. Laws, c. 191, § 4; 63 Del. Laws, c. 209, §§ 2-5; 63 Del. Laws, c. 387, § 45; 64 Del. Laws, c. 81, § 1; 64 Del. Laws, c. 254, § 1; 66 Del. Laws, c. 155, § 1; 69 Del. Laws, c. 10, § 1; 70 Del. Laws, c. 227, § 1; 71 Del. Laws, c. 6, § 3; 71 Del. Laws, c. 180, § 51; 71 Del. Laws, c. 371, §§ 1, 2; 75 Del. Laws, c. 88, §§ 16(2), 21(7), 30, 31, 32.;
§ 1058. Controversies concerning rules and regulations of the school board.
The school board of each reorganized school district shall decide on all controversies involving the rules and regulations of the school board. Any party to such controversy may appeal to the State Board of Education by setting forth such grievance in a petition which shall be served within 30 days after receiving notice of the decision upon the Secretary of Education. The State Board, shall by rules and regulations provide for adequate procedures for the hearing of any such petitions and shall decide the controversy. The State Board shall overturn the decision of a local board only if it decides, after considering the advice of the Secretary, that the local board's decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary or capricious. The decision of the State Board shall be final.
14 Del. C. 1953, § 1058; 56 Del. Laws, c. 292, § 6; 71 Del. Laws, c. 180, § 52; 74 Del. Laws, c. 233, §§ 1-4.;
§ 1059. Hearings.
A school board may administer and examine persons under oath in any part of the reorganized school district.
14 Del. C. 1953, § 1059; 56 Del. Laws, c. 292, § 6.;
§ 1060. False testimony is perjury.
Whoever, being a witness in any matter pertaining to the public schools of the reorganized school district and having been duly sworn or affirmed by the school board to tell the truth, wilfully gives false testimony is guilty of false swearing and shall be punished as perjury is punished.
14 Del. C. 1953, § 1060; 56 Del. Laws, c. 292, § 6.;
§ 1061. School boards upon reorganization.
Previously elected or appointed school board members of component former school districts and all members of the board of a subdivided high school district board who reside within the reorganized school district, including those members elected at the regular election in May 1969, shall continue to serve out their respective terms on the school board of the reorganized school district constituted and established on July 1, 1969, notwithstanding any other provisions of this title to the contrary, except that in the case where a reorganized school district is composed of 1 or more non-1-through-12 grade component former school districts and 1 or more component former school districts previously providing grades 1 through 12, only the member elected in May 1969, in each of the non-1-through-12 grade districts will serve out that member's term as an interim member of the school board of the reorganized school district along with all of the school board members of the previously 1-through-12 grade district or districts. Subsequent elections or appointments in the reorganized school districts shall be for 1 member at large in the reorganized school districts until the school board meets the criteria of this subchapter. If it becomes necessary to fill a vacancy for any reason other than the expiration of term, the new member must be selected from the residents of the previously existing school district and in accordance with § 1054 of this title.
14 Del. C. 1953, § 1061; 56 Del. Laws, c. 292, § 6; 57 Del. Laws, c. 378, § 2; 70 Del. Laws, c. 186, § 1.;
§§ 1062, 1063. School board for the reorganized school district which includes the former school district of Alexis I. duPont Special School District; the Board of Public Education in Wilmington.
Repealed by 71 Del. Laws, c. 180, § 52A, effective July 31, 1997.
§ 1064. Reorganized vocational-technical school districts.
(a) The members of the school board of any reorganized vocational-technical school district shall be appointed by the Governor from the residents of such district. The school board shall be composed of 7 members. Annually, the Governor shall appoint 1 member for the term of 7 years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in the office of any such member, caused by death, resignation, removal from the district or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be a resident of the reorganized vocational-technical school district, or that member's office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member's own political affiliation.
(b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least 7 school board members serving pursuant to § 1061 of this title, the Governor shall appoint such members as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member's own political affiliation.
(c) The terms of the school board members shall begin July 1 following their appointments and shall continue until their successors qualify.
14 Del. C. 1953, § 1064; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1065. Dissolution of school boards upon consolidation of reorganized school districts; appointments by State Board of Education; members elected annually after consolidation; appointment by Governor.
(a) Upon the consolidation of reorganized school districts under § 1027 of this title, the school boards of such consolidating reorganized school districts shall be dissolved as of the effective date of consolidation.
(b) Except as provided in subsection (c) of this section, the State Board of Education shall upon consolidation appoint 5 members of the previously existing school boards of the consolidating districts to the school board of the consolidated district and shall designate 1 member to serve for a term of 5 years, 4 years, 3 years, 2 years and 1 year, respectively. The qualified voters of the consolidated district shall, at each annual election after consolidation, elect 1 member for a term of 5 years who shall serve from the July 1 next succeeding that member's election and until that member's successor qualifies.
(c) In the case of any consolidation of vocational-technical school districts under § 1027 of this title, the Governor shall appoint 7 members of the previously existing school boards of the consolidating vocational-technical districts to the school board of the consolidated vocational-technical district and shall designate 1 member each to serve for a term of 7 years, 6 years, 5 years, 4 years, 3 years, 2 years and 1 year, respectively. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member's appointment and until that member's successor qualifies.
14 Del. C. 1953, § 1065; 56 Del. Laws, c. 292, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1066. Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts.
(a) Upon the division of a reorganized school district into 2 or more school districts under § 1028 of this title, the school board of the divided reorganized school district shall be dissolved as of the effective date of division.
(b) Any member of the previously existing school board, including a vocational-technical school board, shall continue to serve out the term for which that member was elected or appointed in the divided school district as a member of the school board of the school district resulting from such division in which that member resides.
(c) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to 5 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 5 years. The qualified voters of any school district resulting from such division shall, at each annual election after division, elect 1 member for a term of 5 years who shall serve from the July 1 next succeeding that member's election and until that member's successor qualifies.
(d) In the case of any division of a vocational-technical school district under § 1028 of this title, the Governor shall appoint such additional members of the school boards of the vocational-technical school districts resulting from such division as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the July 1 next succeeding that member's appointment and until that member's successor qualifies.
(e) [Deleted.]
14 Del. C. 1953, § 1066; 56 Del. Laws, c. 292, § 6; 62 Del. Laws, c. 351, § 11; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 491, § 2.;
§ 1066A. Elections to the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District.
(a) Notwithstanding anything contained in this chapter to the contrary, members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be elected by the procedures described herein. Elections shall be conducted in accordance with §§ 1071-1086 of this title; provided, however, that:
(1) The number of members for each of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 7.
(2) The term of office for members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be 5 years. All terms shall end on June 30 and the terms shall be staggered so that no more than 2 terms in any school district ends on any June 30. Any vacancy shall be filled for the remainder of the unexpired term in accordance with § 1054 of this title.
(3) The Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District (the "districts") each shall be divided into 7 nominating districts to be denominated districts A through G and to be denominated on the basis of their geographical proximity (i.e., district A shall be as contiguous as practicable with district B and so forth).
(4) Candidates for the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall file for candidacy in accordance with § 1075 of this title, except that a candidate must be a resident of the district for the seat that candidate seeks.
(5) All members of the school boards of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District shall be elected by the qualified voters of the respective districts. To vote in a district election, a voter must be qualified pursuant to § 1077 of this title. No voter may vote for more than 1 candidate.
(b) The nominating districts shall be drawn by the State Election Commissioner, subject to the approval of the County Board of Election and the State Board of Education. On or before January 1, 2002, the Commissioner shall draw the 7 districts for each of the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District so that the nominating districts shall encompass an area in which approximately 1/7 of the total population of each district is resident. Each representative district shall, insofar as is possible: (i) be formed of contiguous territory; (ii) be nearly equal in population; (iii) be bounded by major roads, streams or other natural boundaries; and (iv) not be created so as to unduly favor any person. The data base for the determination of population in residence shall be census data from the United States Census of 2000. The Controller General's office shall provide the Election Commissioner with its assistance upon the request of the Commissioner.
(1) Not later than January 1 of the year ending in 2 in each subsequent decade (e.g., 2012), the Commissioner shall reapportion the school board nominating districts using the most recent United States census data so that the nominating districts are reapportioned in time for the elections beginning in the next year. The subsequent reapportionments shall comply, insofar as possible, with the criteria identified in subsection (b) of this section.
(2) The Commissioner shall also establish for each District the sequence in which elections held pursuant to this section shall occur. To the extent consistent with the redistricting criteria set forth in subsection (b) of this section, the Commissioner shall endeavor to designate the new nominating districts and to sequence the elections so that the elections for particular nominating district seats occur in the year of the expiration of the terms of the incumbent board member or members whose constituent population in the nominating district or districts prior to the most recent reapportionment most closely conform to the constituent population in the newly reapportioned nominating district or districts.
(3) The Commissioner shall, in addition to drawing the nominating districts, establishing the sequence for elections and reapportioning the nominating districts each decade, act as a continuing advisory resource for the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District in implementing the election system established by this section. The Commissioner may propose such recommendations as it deems necessary to ensure fair and efficient school board elections in the Brandywine School District, the Christina School District, the Colonial School District and the Red Clay Consolidated School District.
70 Del. Laws, c. 491, § 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 122, §§ 1, 2; 74 Del. Laws, c. 204, § 1; 76 Del. Laws, c. 138, § 3.;
§ 1067. Election of Milford Special School District in 1969 for the Board of Education.
On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect 2 members of the Board of Education of Milford Special School District. The individual with the highest number of votes shall be elected for a term of 5 years. The individual with the second highest number of votes shall be elected for a term of 4 years and shall fill the vacancy created by the expiration of the term of the previously elected school board member. Both individua