DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 52

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE SUSSEX COUNTY VOCATIONAL-TECHNICAL HIGH SCHOOL DISTRICT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2601, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2601. Power of county vocational vocational-technical high school districts and county vocational-technical school districts to levy taxes for school purposes.

(a) Any county vocational-technical high school district or county vocational-technical center district may, in addition to the amounts appropriated to it by the General Assembly, levy and collect additional taxes for school purposes upon the assessed value of real estate in such district, as determined and fixed for county taxation purposes, however:

(1) The amount to be raised by taxation shall for current expense must not exceed 29.00 cents 26.50 on each $100 value of real property in Sussex County for the tax year 2016, 30.00 cents for 2017, and 23.50 cents for 2018 2021, 27.50 cents for tax year 2022, 28.50 cents for tax year 2023, 29.50 cents for tax year 2024 and all years thereafter.

Section 2. Amend § 2602, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2602. Establishment and notification of tax rate.

(b) Prior to submitting any subsequent legislation to the General Assembly for approval that proposes to increase the tax rate authorized by § 2601(a)(1) of this title, the Sussex County Vocational Technical School District Board of Education shall first submit by March 15 of that year its proposed tax rate increase and justification therefor to a Tax Rate Review Committee composed of the following members:

(1) A representative of the Department of Education designated by the Secretary;

(2) Two public members from Sussex County designated by the Governor;

(3) The Controller General;

(4) The Director of the Office of Management and Budget;

(5) The superintendent of 1 of the Sussex County school districts designated by the President Pro Tempore of the Senate.

The Tax Rate Review Committee shall, in a timely fashion, review the proposed tax rate increase taking into account the District’s projected enrollment, current operating expense requirements and the county’s taxable assessment, and shall file a report by April 15 of that year with the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives, indicating whether or not the proposed tax rate is sufficient to meet the District’s reasonable operating requirements. Copies of this report shall also be distributed to each local board of education in the county. [Repealed.]

Section 3. Amend § 2605, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2605. Enrollment in the Sussex County Vocational-Technical High School District.

(a) Total enrollment in Enrollment for the Sussex County Vocational-Technical High School District shall must not exceed 1,445 1,300 students in grades 9-12 for school year 2015-2016, 1,345 2021-2022, 1350 students for school year 2016-2017 and 1,250 students for school year 2017-2018. 2022-2023, 1400 students for school year 2023-2024 and 1450 students for school year 2024-2025 and all years thereafter.

(c) The Sussex County Vocational-Technical High School District (District) may only provide preferences in student admissions to: to any of the following:

(1) Siblings of students currently enrolled at the school; and school.

(2) Children of persons employed on a permanent basis for at least 30.0 hours per week during the school year by the Sussex County Vocational-Technical High School district. District.

(d) The Sussex County Vocational-Technical High School District shall be is prohibited from denying any applicant for enrollment whose GPA falls below the 70th percentile or who has failed any eighth grade course from its lottery for admission, unless the student does not remain academically eligible for promotion according to the standards set by the Department of Education.

SYNOPSIS

Senate Bill No. 52 revises Chapter 26 of Title 14, regarding the Sussex County Vocational-Technical High School District (“District”). Senate Substitute No. 1 for Senate Bill No. 52 differs from Senate Bill No. 52 because it does not change the preferences for student admissions or the eligibility standards for accepted students. Like Senate Bill No. 52, Senate Substitute No. 1 for Senate Bill No. 52 does all of the following:

1. Revises the tax rate for the District and clarifies the acceptable use for the tax revenue.

2. Repeals § 2602(b) of Title 14 because the Tax Rate Review Committee has not been active in decades and it has effectively been replaced by the citizen budget oversight committee created under § 1508 of Title 14.

3. Revises the number of students who may be enrolled in the District.

4. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Author: Senator Hocker