Delaware General Assembly


CHAPTER 230

AN ACT TO AMEND TITLE 14, DELAWARE CODE, ENTITLED "EDUCATION" RELATING TO PROCUREMENT OF LAND FOR SCHOOL SITES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 14, Delaware Code, is amended by striking out sub-section (a) of § 2303, and inserting in lieu thereof the following new subsection (a):

1. When lands are required for the site of a school house, or for enlarging a school house lot, or for playgrounds or other school purposes, and the State Board of Education or the School Board shall for any cause be unable to contract with the owner or owners thereof upon what they deem to a be fair valuation thereof, such Boards, or either of them, may institute proceedings, in accordance with Chapter 61, Title 10, Delaware Code.

2. No lot so taken or enlarged shall exceed, in the whole, including the land occupied by the school building, more than 15 acres for a school whose certified enrollment is less than 500 pupils.

3. No lot so taken or enlarged shall exceed, in the whole, including the land occupied by the school building, more than 25 acres for schools having a certified enrollment in excess of 500 pupils.

4. Certified enrollment, as used in this act, means the official net enrollment at the end of any school year, as determined by the State Board of Education, or in the case of a proposed new school, the normal capacity of the proposed school building as approved by the State Board of Education.

5. Any proposed action pursuant to Chapter 61, Title 10, Delaware Code shall be approved by appropriate resolutions of the local Board of Education or Board of School Trustees and by the State Board of Education. The State Board shall, in the usual manner, review the building and site needs of the local district before deciding whether or not to adopt a resolution indicating the need for procuring the land as provided by Chapter 61, Title 10, Delaware Code, and the maximum number of acres involved.

Approved March 11, 1960.