Chapter 17. State Appropriations

Statutes > Delaware Statutes > Title 14 - Education > Chapter 17. State Appropriations

TITLE 14

Education

Free Public Schools

CHAPTER 17. STATE APPROPRIATIONS

§ 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.

(c) Appropriations pursuant to Division I shall be used to employ personnel authorized by Chapter 13 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) Notwithstanding any other provision of this chapter, appropriations pursuant to Division II may be used for any otherwise legal purposes.

(e) The Department of Education, Office of Management and Budget and Controller General's Office are authorized to simplify the complexity of state share accounting by consolidating school district appropriations in the Delaware Financial Management System. Such consolidation may include state funding appropriated and allocated to school districts under Divisions I, II and III, Academic Excellence, Reading Cadre, Reading Resource Teachers, and Exceptional Student Unit-Vocational. Appropriations authorized to be consolidated herein shall not alter the school funding formulas, salary schedules, and/or provision of expenditure stipulated in this title and in the Annual Appropriations Act.

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; 76 Del. Laws, c. 280, §§ 337, 356; 77 Del. Laws, c. 84, § 404; 77 Del. Laws, c. 197, § 2.;

§ 1703. Unit of pupils.

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.

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/or 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/or 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; 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."

(2) The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title.

(3) 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 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/Parent 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; 76 Del. Laws, c. 280, § 355.;

§ 1705. Determination of amount of appropriation.

(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 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 II or Division III 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; 77 Del. Laws, c. 197, § 4.;

§ 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/Language 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, 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/Parent 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; 77 Del. Laws, c. 84, § 403.;

§ 1705B. Required reporting regarding maximum student-instructor ratio.

(a) The Department of Education shall collect and report data, on an annual basis, in a uniform manner regarding compliance with the student-instructor ratio set forth in § 1705A(a) of this title by local school districts and charter schools. This data shall include waivers required by the school districts and charter schools, and the disposition thereof.

(b) Local school districts and charter schools shall report the above-referenced compliance data using individual classrooms and schools as the basic units of information.

(c) The above-referenced compliance data shall be reported by December 31 of each calendar year to ensure that such data is available to be considered in the event of a proposed waiver of the maximum class size provisions required under § 1705A(a) of this title.

(d) The compliance data shall be published on the website of the Department of Education as well as that of each school district and each charter school.

76 Del. Laws, c. 362, § 1.;

§ 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 2010, 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; 76 Del. Laws, c. 280, § 361; 77 Del. Laws, c. 84, § 348.;

§ 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/blind, 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

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