SPONSOR:   

Rep. Dukes & Rep. Gray & Rep. Smyk & Sen. Pettyjohn & Sen. Lopez;

 

Reps. D. Short, Hudson, Briggs King, Collins, Kenton, Wilson, Baumbach, Kowalko, K. Williams

 

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

 

HOUSE BILL NO. 138

 

 

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD ELECTIONS.

 


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

 


Section 1.  Amend Chapter 10, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1051 Election of school board members; exceptions.

(a) School board members shall be elected by the qualified voters of the respective reorganized school districts, except as may otherwise be provided by §§ 1061, 1062 [repealed], 1063 [repealed], 1064, 1064A, 1065 and 1066 of this title.

(b) No person shall be elected or serve as a school board member who holds a paid position which is subject to the rules and regulations of such school board.

§ 1064 Reorganized vocational-technical school districts.

(a) The members of the school board of any reorganized vocational-technical school district, excluding Sussex County Vocational Technical School,  shall be appointed by the Governor from the residents of such district. The school board shall be composed of 7 members. Annually, the Governor shall appoint 1 member for the term of 7 years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in the office of any such member, caused by death, resignation, removal from the district or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be a resident of the reorganized vocational-technical school district, or that member's office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member's own political affiliation.

(b) In the case of any reorganized vocational-technical school district, excluding Sussex County Vocational Technical School, which will not have, after reorganization, at least 7 school board members serving pursuant to § 1061 of this title, the Governor shall appoint such members as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member's own political affiliation.

(c) The terms of the school board members established under this section shall begin July 1 following their appointments and shall continue until their successors qualify.

§ 1064A School board of Sussex County Vocational Technical School

                Notwithstanding anything in this Code to the contrary:

                (a) Beginning on July 1, 2016,  the school board of the Sussex County Vocational Technical School shall consist of 7 members, 1 from each Public School District with territory in Sussex County.  The terms of all school board members of  Sussex County Vocational Technical School appointed pursuant to § 1064 of this Title shall terminate on June 30, 2016. 

                (b)  Except as provided in subsection (e), the school board members shall be elected for 4 year terms by the voters of the public school district which he or she represents, said term commencing on July 1 following such member’s election.  Voters in the Milford and Woodbridge School Districts who reside in Kent County shall not be eligible to vote for a school board member elected under this section.   

                (c)  Election of each school board member shall occur at the same time as the election of school board members for the public school district of each school board member’s district. 

                (d)  Except as provided in this section, Elections of school board members under this section shall be conducted in accordance with subchapter IV of Chapter 10 of this Title. 

                (e)  School Board members shall serve staggered terms, elected on even number years, to be implemented as follows;

                                (1)  School board members from Indian River School District, Seaford School District and Milford School Districts shall be elected to 2 year terms at the election to occur in 2016.

                                (2) School board members from Woodbridge School District, Cape Henlopen School District, Laurel School District, and Delmar School District shall be elected to 4 year terms at the election to occur in 2016. 

                (f)  Every school board member shall, at all times, be a resident of the Public School District from which he or she was elected. 

                (g) Vacancies shall be filled pursuant to § 1054 of this title.   


SYNOPSIS

          Currently, the Sussex Tech School Board consists of 7 members appointed by the Governor, who serve 7 year terms.  This bill will establish a 7 member board that is elected to serve for a 4 year term.   There will be one board member elected from each Public School District with territory in Sussex County, to occur at the same time as local school board elections.  The elections will be staggered and occurring on even numbered years, with the first elected terms to begin on July 1, 2016.