Delaware General Assembly

Signed 4/20/00

The General Assembly has ended, the current status is the final status.

6/29/99

Smith

Reps. Boulden, Oberle, Brady, Hudson, Cloutier, DiLiberto, DiPinto, Ennis, Ewing, Gilligan, Lofink, Maier, Miro, Roy, Spence, Ulbrich, Valihura, VanSant, Welch, Viola
Sen. Sokola, Bonini, Sharp, Still

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO NEIGHBORHOOD SCHOOLS.

This bill requires the Brandywine, Colonial, Christina, and Red Clay Consolidated School Districts to develop and implement Neighborhood School Plans (Plans) that allows every student to attend the grade-appropriate school geographically closest to the student's home. The bill also designates 3 configurations for schools in those districts. However, if a district has only 2 grade levels, its schools may contain any combination of grade levels; e.g., K-8 and 9-12, K-7 and 8-12, or K-6 and 7-12. It establishes a Neighborhood School Committee to approve submitted Plans; and offers a monetary incentive to a district that presents its Plan on time, as well as a monetary payment to a district that reduces its transportation costs as a result of its Plan. Incentives and payments are subject to an annual appropriation. The bill's adherence to the United States Supreme Court decision in Miller v. Johnson, 115 S.Ct. 2475, 2486 (1995) (citing, inter alia, Brown v. Board of Educ. of Topeka, 347 U.S. 483 (1954)), and in Coalition to Save Our Children v. State Bd. of Educ. of Delaware, 901 F. Supp. 784 (D. Del. 1995), and the Third Circuit's opinion affirming that case at 90 F.3d 752 (3rd Cir. 1996), makes explicit that students shall be assigned to schools without regard to race. The Plans must be implemented within 18 months of appropriation by the General Assembly of one-time transition costs. If a school board doesn't submit a Plan, the Committee must develop and implement one for the district. A citizen with standing may bring a private cause of action in a court of competent jurisdiction to enforce the requirements of this Act. The Department of Education and each district must, upon request, provide support staff to assist the Committee and/or school boards with their Plans. No costs will be incurred prior to the appropriation of funds by the General Assembly.

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Takes effect upon being signed into law

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