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SPONSOR: |
Sen. Blevins Sens. Henry
Townsend Peterson Marshall McDowell Hall-Long Poore Bushweller Ennis &
Rep. J. Johnson |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 300 |
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REORGANIZATION OF SCHOOL DISTRICTS AND MAKING A SUPPLEMENTAL APPROPRIATION TO SUPPORT CONTINUED WORK ON THE PLAN OF THE WILMINGTON EDUCATION IMPROVEMENT COMMISSION. |
Section 1. Amend § 1008, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1008. Wilmington Education Improvement Commission.
(g)
The WEIC shall work with and across all governmental agencies, educational
entities, and private and nonprofit institutions to promote and support the implementation
of all recommended changes from the Wilmington Education Advisory Committee
(WEAC). The WEIC also will also monitor the progress of implementation and
recommend policies and actions to the Governor and General Assembly to
facilitate progress and to promote the continuous improvement of public
education. The WEIC shall develop a transition, resource and implementation
plan, for presentation to and approval by the State Board of Education, for the
provision of necessary services to schools and students affected by the
implementation of the changes recommended by WEAC. WEIC shall also develop a
resource plan regarding transitional resources to effectively implement school
district realignment. Both the transition plan and resource plan must be submitted
first to the State Board of Education and then to the General Assembly and the
Governor for final approval. Both are due for submission and related action by
December 31, 2015. Final approval of the transition plan and resource plan
by the General Assembly and the Governor shall not constitute an endorsement of
any particular revenue or spending measure and shall not bind the State, nor
any of its political subdivisions, to any specific action with regard to
revenue and spending.
Section 2. Amend § 1026, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1026. Changing boundaries; vocational-technical school districts; City of Wilmington.
(d)(1)
Notwithstanding the provisions of subsections (b) and (c) of this section, the
State Board of Education may change or alter the boundaries of school districts
in New Castle County in a manner consistent with some or all of the
redistricting recommendations made by the Wilmington Education Advisory
Committee in the report issued March 31, 2015, provided that the General
Assembly passes, and the Governor signs, a Joint Resolution supporting the
proposed changes in school district boundaries. Passage of such a
Joint Resolution does not constitute support or approval of any particular
measure for revenue or spending proposed in the plan described in this
subsection.
(2) Prior to ordering a change or alteration of a school district boundary under this subsection, the State Board or the Wilmington Education Improvement Commission, shall conduct at least 1 public hearing in each of the school districts to be affected, including at least two in the City of Wilmington.
(3) In its decision and order to change or alter a school district boundary under this subsection, the State Board of Education shall adopt a transition, resource, and implementation plan. The plan shall be developed by the Wilmington Education Improvement Commission, for presentation to and approval by the State Board, and shall, at a minimum, provide for:
a. The orderly and minimally disruptive reassignment of students affected by the boundary change and the reassignment of governance responsibilities;
b. Implications for educators, administrators, and other personnel that may lead to equitable adjustments to local collective bargaining agreements;
c. Resources Recommendations on resources that
will be required, from state, district, and local sources, to support the
redistricting transition and provide for the effective ongoing education of all
affected students, and for the support of schools with high concentrations of
low income students and English language learners;
d. Student transportation;
e. Distribution of capital assets; and
f. Engagement of educators, staff, parents, district personnel, and community members throughout the transition.
The plan shall permit students to continue their attendance at the school they attended prior to the boundary change, with tuition payments by the sending district as provided in Chapter 6 of this title, until such time as the pupils complete the grade levels offered in that school. If the State Board does not approve the plan as submitted by the Wilmington Education Improvement Commission, it shall notify the chairperson of the Commission in writing, give reasons why the plan was not approved, and allow the Commission to resubmit the plan within 60 days of the chairperson receiving the notice of denial.
(4) The State Board shall base its decision to change or alter school district boundaries on a record developed in compliance with state open meetings laws.
(5) The authority of the Wilmington Education Improvement Commission and the State Board of Education to act under the provisions of this subsection shall terminate on March 31, 2016.
Section
3. There is hereby appropriated $200,000 to Public Education, Block Grants and
Other Pass Through Programs, Special Needs Programs (95-03-20) to continue work
related to the efforts of the Wilmington Education Improvement Commission. The
appropriation establishes the Wilmington Redistricting Transition Fund (“Fund”).
The Red Clay Consolidated School District, in consultation with the Wilmington
Education Improvement Commission and the Christina School District, shall
assess the fiscal impact of transitioning City of Wilmington students from the
Christina School District to the Red Clay Consolidated School District,
including an assessment of the facilities, grade configurations, transportation
feeder patterns, transition support for students and schools, need for the reallocation
of state units of funding, federal funding, and impact on the local budget of
Red Clay Consolidated School District and the Christina School District. The
Red Clay Consolidated School District, in consultation with the Wilmington
Education Improvement Commission and the Christina School District, shall
expend the money in the Fund for the assessment required by this Section. The
Red Clay Consolidated School District, in consultation with the Wilmington
Education Improvement Commission and the Christina School District, shall substantially
complete the assessment required by this Section on or before January 31, 2017.
Section
4. There is hereby established a working group to review the assessment described
in Section 3 of this Act.
(1)
The working group consists of the following members:
a.
The Director of the Office of Management and Budget, or the Director’s designee.
b.
The Controller General, or the Controller General’s designee.
c.
A representative of the Wilmington Education Improvement Commission, appointed
by the Chair of the Commission.
d.
The Executive Director of the Delaware Association of School Administrators.
e.
A representative appointed by the Delaware Chief School Officer’s Association.
f.
A representative of the school business managers jointly appointed by the
Delaware Chief School Officer’s Association and Controller General.
g.
The Chair of the House Education Committee.
h.
The Chair of the Senate Education Committee.
i.
The Director of the Center for Applied Demography and Survey Research.
j.
An appointee of the Governor, who shall serve as Chair of the working group.
(2) The Department of Education, upon request, shall
provide staff support to the working group for data and other analytical
purposes. The working group shall review the redistricting assessment; explore
funding options for redistricting in a manner that does not disproportionally
affect Red Clay Consolidated School District residents; assess the structure to
implement statewide weighted unit funding for poverty, English Language
Learners, and K-3 Basic Special Education; and submit its review to the
Governor, Speaker of the House of Representatives, and President Pro Tempore of
the Senate by March 31, 2017. Any requirements for additional State funding
resulting from the assessment, including capital improvements that may be based
upon revised transportation feeder patterns, and the reallocation of State and
federal resources and local budget impacts shall require action by the General
Assembly to take effect. Changes to the Red Clay Consolidated School District’s
property tax rate shall require the approval of the residents of the District
through the referendum process under § 1903 of Title 14.
SYNOPSIS
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This Act clarifies that a vote by the General Assembly, as required by §§ 1008(g) and 1026(d) of Title 14, in support of redistricting serves to authorize the State Board to proceed with the redistricting, but does not constitute approval of any particular revenue or spending measure proposed in the Plan of the Wilmington Education Improvement Commission. This Act provides a $200,000 supplemental appropriation to establish the Wilmington Redistricting Transition Fund, which shall be used to assess the fiscal impact of transitioning City of Wilmington students from the Christina School District to the Red Clay Consolidated School District. This Act establishes a working group to review the assessment of those fiscal impacts. |
Author: Sen. Blevins