SPONSOR:

Rep. Smith & Rep. Spence & Sen. Sokola;

 

Reps. Cathcart, DiPinto, Hudson, Lofink, Maier, Miro, Roy, Gilligan, VanSant, Johnson, Keeley, Longhurst, M Marshall, Mulrooney, Plant, Williams; Sens. McDowell, Blevins, Henry, Marshall, McBride, Peterson, Vaughn, Sorenson, Amick, Cloutier, Connor, Copeland

 

HOUSE OF REPRESENTATIVES

 

143rd GENERAL ASSEMBLY

 

HOUSE BILL NO.

 

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REOGRANIZED SCHOOL DISTRICTS.



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

 


Section 1.  Amend §1924, Title 14 of the Delaware Code by adding a new subsection (g) to read as follows:

                “(f)  Beginning in fiscal year 2007, the provisions of subsections (a) through (f) of this section shall sunset.”

Section 2.  Amend §1925, Title 14 of the Delaware Code by adding a new subsection (f) to read as follows:

                “(f)  Beginning in fiscal year 2007, the provisions of subsections (a) through (e) of this section shall sunset.”

                Section 3.  Amend §1321 (e)(1) by deleting the phrase “not to exceed a total of 2 per reorganized school district”.

                Section 4.  Amend §1321 (e)(2) by deleting the phrase “not to exceed a total of 6 per reorganized school district”.

                Section 5.  Amend §1707 (b)(1) by deleting the third and fourth sentences of said subsection .

                Section 6.  Amend §1707 (b)(7) by deleting the second and third sentences of said subsection.

                Section 7.  Amend §1707 (b)(8) by deleting the second, third and fourth sentences of said subsection.

Section 8.  Amend §1707 (b)(9) by deleting the second, third and fourth sentences of said subsection.

Section 9.  Amend §1707 (b)(11) by deleting the third through the fifth sentences of said subsection.

Section 10.  Amend §1707 (b)(12) deleting said subsection in its entirety.

                Section 11.  Amend §1707 (c) be deleting the phrase “, to school districts other than those created under the provisions of §1028(k) of this title,” as it appears in the first sentence.

                Section 12.  Amend §1707 (e) by deleting the phrase “, or a district created under §1028(k) of this title where the sum of the tax district effort index and the individual district effort index is less than 1.00,” as it appears in the first sentence.

Section 13. Amend §1707 by adding a new subsection (j) to read as follows:

                “(j) For districts created pursuant to §1028 of this title the following shall apply:

1)       For the purposes of determining the fiscal year 2007 equalization allocations, said districts shall have their fiscal year 2006 formula allocation recalculated without regard to §1924 and §1925 of this title.

2)       Notwithstanding the provisions of subsection (b)(11) of this section, districts shall be eligible to receive an effort index greater than 1.00.

3)       Notwithstanding the provisions of subsection (c) of this section, for fiscal year 2007 only, districts shall be entitled to receive more than “105%”  than their fiscal year 2006 allocation as calculated in (1) above.

4)       Notwithstanding the provision of subsection (c) of this section, for fiscal year 2007 through and including fiscal year 2011, the state share per unit shall not be less than 80% of the State share per unit in the preceding fiscal year.”

5)       For Fiscal Years 2007 through 2011, the State share per unit allocated to the Brandywine School District and the Red Clay Consolidated School District shall be the following fixed amounts or the newly adjusted equalization amount as annually calculated, whichever is greater:

Brandywine                             Red Clay

a.        Fiscal Year 2007                                                    $5,254.00                                $5,103.00

b.       Fiscal Year 2008                                                    $4,923.00                                $4,621.00

c.        Fiscal Year 2009                                                    $4,592.00                                $4,139.00

d.       Fiscal Year 2010                                                    $4,261.00                                $3,657.00

e.        Fiscal Year 2011                                                    $3,928.00                                $3,174.00

Section 15.  Amend §1707 (d) by deleting said subsection in its entirety and redesignating the remaining subsections accordingly.

Section 16.  There is hereby appropriated $4,100,000 to the Department of Education for the purposes of calculating the equalization formula under this section and subsequent allocation as included in the Fiscal Year 2007 Annual Appropriations Act.  These funds shall be used to offset any losses districts may incur due to the sunsetting of §1924 and §1925 of this title.


SYNOPSIS

This Act repeals the redistribution of the initial current expense taxes of 46.8 cents per $100 of assessed value of property under Title 14 § 1925 as part of the Reorganization Act of 1981.  The Act eliminates limits on earned units imposed by §1321 (e)(1) and (e)(2). Lastly the Act supplements the amount of funds under Division III - Equalization for any loss to the four districts under the sunsetting of §1925.