Delaware Code § 14-1924

Tax rates in districts resulting from consolidation pursuant to court order or created after February
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1, 1978, but prior to July 30, 1978.
(a) For the purpose of this section:
(1) "Consolidated area" shall refer to a contiguous geographical area in which all school districts (except vocational-technical school
districts unless specifically included by the court or the consolidation) are being organized into 1 or more reorganized school districts.
(2) "Reorganized school district" shall mean any school district created by consolidation of whole existing school districts or parts
of existing school districts or any combination thereof pursuant to court order or created by consolidation of whole existing school
districts or parts of existing school districts or any combination thereof which occurs after February 1, 1978, but prior to July 30, 1978,
except for consolidation of districts created specifically to administer a system of vocational and/or technical education.
(b) The interim board of education or board of education or other authority mandated by the court or by this title for each reorganized
school district may annually set a tax rate for current operating expenses not greater than a maximum rate to be determined by the State
Board of Education in accordance with the following mathematical procedure:
(1) Determine the total aggregate dollar amount of local tax funded current operating cost expenditure in the school districts (except
vocational-technical school districts unless such districts are included in the consolidation) of the consolidated area in the year prior to
consolidation. In determining such total amount the State Board shall take the known total aggregate dollar amount of local tax funded
current operating cost expenditure in the fiscal year preceding the year prior to consolidation and shall adjust this amount to take into
account historic annual percentage changes in such total dollar amounts;

(2) Calculate the average per pupil local tax funded operating cost expenditure by dividing the dollar amount determined in paragraph
(b)(1) of this section by the total number of students resident in the consolidated area who attend public schools of the districts (except
vocational-technical school districts unless such districts are included in the consolidation) within the consolidated area on September
30 of the year prior to consolidation;
(3) Multiply the per pupil figure determined in paragraph (b)(2) of this section by the projected number of pupils expected to attend
school in the reorganized school district in the first year of consolidation, such projected number to be determined by the State Board
of Education by whatever tests or standards it finds appropriate;
(4) Determine the tax rate which, when multiplied by the total assessed value of all taxable real estate in the reorganized school
district at the time the maximum is calculated, except taxable real estate which is exempt from county taxation, as determined and fixed
for county tax purposes, would yield tax dollars collectible equal to 110 percent of the total dollar amount determined in paragraph
(b)(3) of this section.
(c) The maximum rate of tax authorized in accordance with subsection (b) of this section includes the percentage for delinquencies
and costs of collection provided for in § 1913 of this title.
(d) The interim board of education or the board of education or other authority mandated by the court or by this title for each reorganized
school district may at an appropriate time during each fiscal year set a tax rate for debt service for the next fiscal year that shall be
adequate to make the payments for principal and interest on debts evidenced by bonds or bond obligations of the reorganized district and
bonds or bond obligations in each of the whole component school districts included in the reorganized district and for that fraction of
the bond obligation of each component school district partially included in the reorganized district equal to the fraction of the assessed
value (except taxable real estate which is exempt from county taxation, as determined and fixed for county tax purposes) of such partially
included district located in the reorganized district.
(e) The interim board of education or board of education or other authority mandated by the court or by this title for each reorganized
school district may each fiscal year determine and set tax rates for tuition and for minor capital improvements for the next fiscal year.
(f) Each reorganized school district may annually levy and collect taxes at rates set in accordance with this section upon the assessed
value of all taxable real estate in such district, except taxable real estate which is exempt from county taxation, as determined and fixed
for county tax purposes. Whenever this section provides for a maximum rate of tax, the levy of any taxes in excess of such maximum rate
of tax shall in all respects be subject to this subchapter, notwithstanding this section.

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