(a) The State Board of Education may, in accordance with this section, change or alter the boundaries of any reorganized school district.
(b) Before making changes in the boundaries of a reorganized school district, the State Board of Education must consult with the school
boards of the districts affected by the proposed change. Thereafter, the State Board of Education must submit for approval or rejection
the question of the change of boundary to the qualified voters of the district or districts affected at a special referendum to be held for
that purpose, after 2 weeks' notice of the referendum and proposed change has been posted at the school or schools of the district or
districts affected. The referendum must be conducted in each district by the school board of the district. Any person who possesses the
qualifications prescribed in § 1077 of this title may vote at the referendum. The question must be determined by a majority of the total
vote cast in each district affected. Each school board must immediately certify to the State Board of Education the result of the referendum
in the district.
(c) Subject to subsection (a) of this section, the State Board of Education may change or alter the boundaries of any reorganized school
district without a referendum of the voters if the written consent of the owners of the real property to be transferred has been obtained and
if also the school boards of the districts affected by such change or alteration have adopted resolutions favoring such change or alteration.
(d) (1) Notwithstanding the provisions of subsections (b) and (c) of this section, the State Board of Education may change or alter the
boundaries of school districts in New Castle County in a manner consistent with some or all of the redistricting recommendations made
by the Redding Consortium for Educational Equity ("Consortium"), provided that the General Assembly passes, and the Governor signs,
a Joint Resolution supporting the proposed changes in school district boundaries.
(2) Prior to ordering a change or alteration of a school district boundary under this subsection, the State Board or the Consortium,
shall conduct at least 1 public hearing in each of the school districts to be affected, including at least 2 in the City of Wilmington.
(3) a. The State Board of Education shall make its decision and order to change or alter district boundaries under this subsection
based on the recommendations of the Consortium as expressed in a transition, resource, and implementation plan for redistricting.
The final recommendation and plan developed by the Consortium for presentation to the State Board of Education must include all
of the following:
1. The orderly and minimally disruptive reassignment of students affected by the boundary change and the reassignment of
governance responsibilities.
2. Implications for educators, administrators, and other personnel that may lead to equitable adjustments to local collective
bargaining agreements.
3. Resources that will be required, from state, district, and local sources, to support the redistricting transition and provide for
the effective ongoing education of all affected students, and for the support of schools with high concentrations of low income
students and English learners.
4. Student transportation.
5. Distribution of capitalassets and financial obligations or a process for such distribution.
6. Engagement of educators, staff, parents, district personnel, and community members throughout the transition.
7. Directives for improving secondary education options for City of Wilmington students, such as the provision of additional
secondary schools.
8. Redrawing of district boundaries in Wilmington and northern New Castle County to better serve the educational interests
of all students, including reducing the concentration of low-income students and improving educational services and supports for
English learners and other students at risk.
9. An assessment of the educational needs of City of Wilmington students and the resources required to meet those needs.
10. A stipulation that the funding statewide and locally will facilitate effective implementation of the proposed comprehensive
plan in a manner that will improve the educational outcomes for all of the students impacted by that plan.
11. A timetable for implementing each element of the redistricting plan and the designated responsibility for carrying out
responsibilities until the date of full implementation.
12. A process for the ongoing monitoring and evaluation of the educational impacts and outcomes of implementation, which
will include an annual report by the Consortium to the Governor, the General Assembly, the Secretary of Education, and the State
Board of Education.
13. The plan must permit students to continue their attendance at the school they attended prior to the boundary change with
tuition payments made by the sending district as provided in Chapter 6 of this title until such time as the pupils complete the
grade levels offered in that school.
b. The Consortium's final recommendation and plan may include all of the following:
1. Recommendations for changes in policies and practices that will improve the coordination and collaboration among districts
and charter schools serving students in the City of Wilmington and New Castle County, including changes in the authorization
of charter schools.
2. Recommendations for improvements to access to high-quality early education programs for all students in the areas impacted
by the proposed change in district boundaries.
3. Recommendations for improvements of the provision and coordination of before and after-school services for students and
families in the areas impacted by the proposed change in district boundaries.
4. Recommendations for policies and practices associated with student assignment and school choice.
5. Recommendations for addressing additional transportation costs generated by enabling students to complete their studies in
schools attended prior to the boundary changes.
6. Recommendations for policies and practices for systematic reform to address the negative impacts of the Neighborhood
Schools Act [subchapter II of Chapter 2 of this title].
c. The Consortium may submit 1 or more interim plans for action under this section, which may address redistricting to ensure
that all school districts have contiguous geographical boundaries.
d. All school districts, including the New Castle County Vocational-Technical School District, and all charter schools operating
in the City of Wilmington and New Castle County must cooperate fully with the Consortium in the development of the redistricting
plan, including the timely provision of student, financial, personnel, and facilities data as well as other operational data.
e. A recommendation and plan of the Consortium must be reviewed and acted upon by the State Board of Education within 3
months of submission.
(e) If the State Board of Education does not approve a plan as submitted by the Consortium, it must notify the Chairperson of the
Consortium in writing, give reasons why the plan was not approved, and allow the Consortium to resubmit the plan within 30 days of
the Chairperson receiving the notice of denial.
(f) The State Board of Education must base its decision to change or alter school district boundaries on a record developed in compliance
with state open meetings laws.
(g) The authority of the Consortium and the State Board of Education to act under the provisions of this section shall continue until the
confirmation of a final State Board of Education approved plan by the Governor and the General Assembly.
(h) (1) Before the consideration of a Joint Resolution required under subsection (d) of this section by the General Assembly, the
Controller General shall prepare a fiscal analysis of a redistricting plan approved by the State Board of Education under subsection (d)
of this section ("the redistricting plan"). The fiscal analysis must do all of the following:
a. Describe all requirements of and obligations assumed by the State or a school district redistricted under the redistricting plan
and any other consequences of the redistricting plan that has a fiscal impact on the State or a school district redistricted under the
redistricting plan for each fiscal year following the enactment of the Joint Resolution.
b. Include full fiscal cost data estimates, including salaries, operating costs, other employment costs, capital outlays, and debt
service that may be incurred under a redistricting plan.
c. State how the fiscal cost data estimates were calculated, including what facts were used or assumption made to calculate the
estimates.
(2) On request by the Controller General, the Consortium, the State Board of Education, the Department of Education, the Office of
Management and Budget, a school district redistricted under a redistricting plan, and any other state agency shall provide information
and other assistance necessary to complete the fiscal projection required by this subsection.
(i) After the enactment of a Joint Resolution required under subsection (d) of this section, the General Assembly shall, through the
General Assembly's budget process, determine the funding, if any, to be appropriated to provide resources needed for the implementation
of a redistricting plan approved by a Joint Resolution, including any additional analysis, facility, and program requirements.
(j) Notwithstanding subsection (b) of this section, the State Board of Education may change or alter the boundaries of any reorganized
vocational-technical school district if the school boards of the districts affected by such change or alteration have adopted resolutions
favoring such change or alteration.‹ Prev All Delaware sections Next ›
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