(1) "District" means a reorganized school district.
(2) "School board" means a board of education of a reorganized school district.
14 Del. C. 1953, § 2001; 53 Del. Laws, c. 353, § 1; 57 Del. Laws, c. 113.;
§ 2002. Establishment of standard formula.
The Department of Education shall establish a standard school construction formula which shall be uniform throughout the State.
The standard formula so established shall take into consideration the different educational requirements at the various grade
levels and the number of pupils for whom the facilities are planned.
14 Del. C. 1953, § 2002; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, § 122.;
§ 2003. Determination of costs for state aid.
The Department of Education shall use the standard school construction formula for determining the cost of school construction,
either new or additions, for the various districts. Such costs shall be used as the base upon which state aid for school construction
to the various districts shall be allocated.
14 Del. C. 1953, § 2003; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, § 122.;
§ 2004. Construction of facilities exceeding the standard formula.
This chapter shall not prevent the Department of Education from approving school construction requests submitted by districts
when such requests vary from the standard formula; provided, however, that when the costs of the facilities so approved exceed
the costs determined by the standard formula, the voters in the districts so affected may authorize and limit by referendum
the expenditure of funds to the amount based on the standard formula, such referendum to be held in accordance with Chapter
21 of this title. The election may be conducted by the use of printed paper ballots or by the use of voting machines. Provisions
shall be made for the following form to appear on the printed paper ballots next to squares added for convenience in marking
and on the voting machine:
Section I -- Vote for one
A. For a bond issue at this time
B. Against a bond issue at this time
Section II -- Vote for one
In the event that the majority of votes cast in Section I is for a bond issue, which bond issue would you prefer?
A. For the bond issue in the amount of $____ as recommended by the school board.
B. For the bond issue in the amount of $____ as determined from the standard formula by the Department of Education.
The amounts of the proposed bond issues shall be inserted in the appropriate spaces on the ballot. Section I of the ballot
shall be counted first. If the majority is for issuance of a bond (Section I) then Section II shall be counted and in no case
shall the bond issue recommended by the school board be authorized with less than a majority of the total ballots validated
for count; the lack of which majority will constitute a positive bond issue authorization by the standard formula of the Department
of Education.
14 Del. C. 1953, § 2004; 53 Del. Laws, c. 353, § 1; 58 Del. Laws, c. 8; 62 Del. Laws, c. 184, § 3; 71 Del. Laws, c. 180, § 122; 74 Del. Laws, c. 122, § 48.;
§ 2005. Satellite schools.
(a) Reorganized school districts and charter schools authorized pursuant to Chapter 5 of this title are authorized to enter
into satellite school agreements pursuant to this section. For purposes of this section, a "satellite school" is defined as
a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased
by a private sector or governmental employer which is not the school district or charter school operating the satellite school.
(b) The Department of Education shall promulgate rules and regulations for the approval of satellite school agreements. Such
rules and regulations shall ensure that the physical facilities in which satellite schools operate are sufficient to protect
the health and safety of the students who attend such schools, but shall not require that those physical facilities meet the
same requirements established by the Department pursuant to § 2002 of this title for schools constructed and owned by reorganized
districts. The State Risk Manager shall provide assistance to the Department in establishing regulations governing the respective
obligations of the school district or the charter school operating the satellite school and the employer or employers providing
the physical facility for the operation of the satellite school for any liabilities that may be incurred pursuant to a separate
provision of this Code or other provision of law. Satellite schools and their employees shall have the same immunities from
liability as other public schools and their employees.
(c) Reorganized districts shall establish procedures for admissions to non-charter school satellite schools consistent with
those established by Chapter 4 of this title and charter schools shall establish procedures for admissions to satellite schools
consistent with those established by Chapter 5 of this title; provided however, that preference in admissions to satellite
schools may also be given to students whose parents are residents of the State and who work at the worksite at which the satellite
facility is located so long as such preference is made equally available to such students without regard to the jobs their
parents hold at the worksite or without regard to whether the students" parents work for the employer who controls the worksite
or a contractor of such employer. Such preference may also be extended to students whose parents work at a physical facility
located within a 1-mile radius of the satellite school for an employer or the contractor of any employer, which is a party
to a satellite school agreement with a reorganized district and which provides assistance pursuant to such agreement in the
provision of the physical facility for the operation of the satellite school.
70 Del. Laws, c. 366, § 1; 71 Del. Laws, c. 180, § 123.;
§ 2006. Subdivision impact and permit fees.
(a) Notwithstanding any law, rule, ordinance, or charter provision to the contrary, no county or municipality is permitted
to assess permit fees, impact fees, or other assessments on a school district for any school construction project. This section
does not prohibit a political subdivision from charging utility fees for usage of such utility provided the rate is no higher
than that of other properties within the political subdivision nor shall this section prohibit the charging of a surcharge
relating to building permit construction value to provide funding for volunteer fire or ambulance companies.
(b) For the purposes of this section:
(1) "Impact fees" or "other assessments" shall not include any fee assessed for maintaining or increasing water supply, wastewater
transmission line capacity, or wastewater facility capacity.
(2) "Permit fees" or "other assessments" shall not include a fee or assessment to reimburse the jurisdiction for the approximate
and reasonable cost to inspect and enforce applicable building, zoning, water, and wastewater codes or ordinances.
(c) Arbitration procedure. --
(1) If a school district disagrees with the reasonableness of fees imposed and subject to this section, a right to an arbitration
procedure in front of a 3 member panel is hereby established. The municipality or county and the school district shall each
choose a member of the panel, and the third member shall be chosen by agreement of the remaining members of the panel and
shall chair the panel. The decision of this panel shall be final and binding on the parties.
(2) For the purposes of this section, it shall be reasonable to base a fee upon the actual cost incurred, and 10% administrative
support costs to provide the service.
(1) "District" means a reorganized school district.
(2) "School board" means a board of education of a reorganized school district.
14 Del. C. 1953, § 2001; 53 Del. Laws, c. 353, § 1; 57 Del. Laws, c. 113.;
§ 2002. Establishment of standard formula.
The Department of Education shall establish a standard school construction formula which shall be uniform throughout the State.
The standard formula so established shall take into consideration the different educational requirements at the various grade
levels and the number of pupils for whom the facilities are planned.
14 Del. C. 1953, § 2002; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, § 122.;
§ 2003. Determination of costs for state aid.
The Department of Education shall use the standard school construction formula for determining the cost of school construction,
either new or additions, for the various districts. Such costs shall be used as the base upon which state aid for school construction
to the various districts shall be allocated.
14 Del. C. 1953, § 2003; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, § 122.;
§ 2004. Construction of facilities exceeding the standard formula.
This chapter shall not prevent the Department of Education from approving school construction requests submitted by districts
when such requests vary from the standard formula; provided, however, that when the costs of the facilities so approved exceed
the costs determined by the standard formula, the voters in the districts so affected may authorize and limit by referendum
the expenditure of funds to the amount based on the standard formula, such referendum to be held in accordance with Chapter
21 of this title. The election may be conducted by the use of printed paper ballots or by the use of voting machines. Provisions
shall be made for the following form to appear on the printed paper ballots next to squares added for convenience in marking
and on the voting machine:
Section I -- Vote for one
A. For a bond issue at this time
B. Against a bond issue at this time
Section II -- Vote for one
In the event that the majority of votes cast in Section I is for a bond issue, which bond issue would you prefer?
A. For the bond issue in the amount of $____ as recommended by the school board.
B. For the bond issue in the amount of $____ as determined from the standard formula by the Department of Education.
The amounts of the proposed bond issues shall be inserted in the appropriate spaces on the ballot. Section I of the ballot
shall be counted first. If the majority is for issuance of a bond (Section I) then Section II shall be counted and in no case
shall the bond issue recommended by the school board be authorized with less than a majority of the total ballots validated
for count; the lack of which majority will constitute a positive bond issue authorization by the standard formula of the Department
of Education.
14 Del. C. 1953, § 2004; 53 Del. Laws, c. 353, § 1; 58 Del. Laws, c. 8; 62 Del. Laws, c. 184, § 3; 71 Del. Laws, c. 180, § 122; 74 Del. Laws, c. 122, § 48.;
§ 2005. Satellite schools.
(a) Reorganized school districts and charter schools authorized pursuant to Chapter 5 of this title are authorized to enter
into satellite school agreements pursuant to this section. For purposes of this section, a "satellite school" is defined as
a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased
by a private sector or governmental employer which is not the school district or charter school operating the satellite school.
(b) The Department of Education shall promulgate rules and regulations for the approval of satellite school agreements. Such
rules and regulations shall ensure that the physical facilities in which satellite schools operate are sufficient to protect
the health and safety of the students who attend such schools, but shall not require that those physical facilities meet the
same requirements established by the Department pursuant to § 2002 of this title for schools constructed and owned by reorganized
districts. The State Risk Manager shall provide assistance to the Department in establishing regulations governing the respective
obligations of the school district or the charter school operating the satellite school and the employer or employers providing
the physical facility for the operation of the satellite school for any liabilities that may be incurred pursuant to a separate
provision of this Code or other provision of law. Satellite schools and their employees shall have the same immunities from
liability as other public schools and their employees.
(c) Reorganized districts shall establish procedures for admissions to non-charter school satellite schools consistent with
those established by Chapter 4 of this title and charter schools shall establish procedures for admissions to satellite schools
consistent with those established by Chapter 5 of this title; provided however, that preference in admissions to satellite
schools may also be given to students whose parents are residents of the State and who work at the worksite at which the satellite
facility is located so long as such preference is made equally available to such students without regard to the jobs their
parents hold at the worksite or without regard to whether the students" parents work for the employer who controls the worksite
or a contractor of such employer. Such preference may also be extended to students whose parents work at a physical facility
located within a 1-mile radius of the satellite school for an employer or the contractor of any employer, which is a party
to a satellite school agreement with a reorganized district and which provides assistance pursuant to such agreement in the
provision of the physical facility for the operation of the satellite school.
70 Del. Laws, c. 366, § 1; 71 Del. Laws, c. 180, § 123.;
§ 2006. Subdivision impact and permit fees.
(a) Notwithstanding any law, rule, ordinance, or charter provision to the contrary, no county or municipality is permitted
to assess permit fees, impact fees, or other assessments on a school district for any school construction project. This section
does not prohibit a political subdivision from charging utility fees for usage of such utility provided the rate is no higher
than that of other properties within the political subdivision nor shall this section prohibit the charging of a surcharge
relating to building permit construction value to provide funding for volunteer fire or ambulance companies.
(b) For the purposes of this section:
(1) "Impact fees" or "other assessments" shall not include any fee assessed for maintaining or increasing water supply, wastewater
transmission line capacity, or wastewater facility capacity.
(2) "Permit fees" or "other assessments" shall not include a fee or assessment to reimburse the jurisdiction for the approximate
and reasonable cost to inspect and enforce applicable building, zoning, water, and wastewater codes or ordinances.
(c) Arbitration procedure. --
(1) If a school district disagrees with the reasonableness of fees imposed and subject to this section, a right to an arbitration
procedure in front of a 3 member panel is hereby established. The municipality or county and the school district shall each
choose a member of the panel, and the third member shall be chosen by agreement of the remaining members of the panel and
shall chair the panel. The decision of this panel shall be final and binding on the parties.
(2) For the purposes of this section, it shall be reasonable to base a fee upon the actual cost incurred, and 10% administrative
support costs to provide the service.
(1) "District" means a reorganized school district.
(2) "School board" means a board of education of a reorganized school district.
14 Del. C. 1953, § 2001; 53 Del. Laws, c. 353, § 1; 57 Del. Laws, c. 113.;
§ 2002. Establishment of standard formula.
The Department of Education shall establish a standard school construction formula which shall be uniform throughout the State.
The standard formula so established shall take into consideration the different educational requirements at the various grade
levels and the number of pupils for whom the facilities are planned.
14 Del. C. 1953, § 2002; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, § 122.;
§ 2003. Determination of costs for state aid.
The Department of Education shall use the standard school construction formula for determining the cost of school construction,
either new or additions, for the various districts. Such costs shall be used as the base upon which state aid for school construction
to the various districts shall be allocated.
14 Del. C. 1953, § 2003; 53 Del. Laws, c. 353, § 1; 71 Del. Laws, c. 180, § 122.;
§ 2004. Construction of facilities exceeding the standard formula.
This chapter shall not prevent the Department of Education from approving school construction requests submitted by districts
when such requests vary from the standard formula; provided, however, that when the costs of the facilities so approved exceed
the costs determined by the standard formula, the voters in the districts so affected may authorize and limit by referendum
the expenditure of funds to the amount based on the standard formula, such referendum to be held in accordance with Chapter
21 of this title. The election may be conducted by the use of printed paper ballots or by the use of voting machines. Provisions
shall be made for the following form to appear on the printed paper ballots next to squares added for convenience in marking
and on the voting machine:
Section I -- Vote for one
A. For a bond issue at this time
B. Against a bond issue at this time
Section II -- Vote for one
In the event that the majority of votes cast in Section I is for a bond issue, which bond issue would you prefer?
A. For the bond issue in the amount of $____ as recommended by the school board.
B. For the bond issue in the amount of $____ as determined from the standard formula by the Department of Education.
The amounts of the proposed bond issues shall be inserted in the appropriate spaces on the ballot. Section I of the ballot
shall be counted first. If the majority is for issuance of a bond (Section I) then Section II shall be counted and in no case
shall the bond issue recommended by the school board be authorized with less than a majority of the total ballots validated
for count; the lack of which majority will constitute a positive bond issue authorization by the standard formula of the Department
of Education.
14 Del. C. 1953, § 2004; 53 Del. Laws, c. 353, § 1; 58 Del. Laws, c. 8; 62 Del. Laws, c. 184, § 3; 71 Del. Laws, c. 180, § 122; 74 Del. Laws, c. 122, § 48.;
§ 2005. Satellite schools.
(a) Reorganized school districts and charter schools authorized pursuant to Chapter 5 of this title are authorized to enter
into satellite school agreements pursuant to this section. For purposes of this section, a "satellite school" is defined as
a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased
by a private sector or governmental employer which is not the school district or charter school operating the satellite school.
(b) The Department of Education shall promulgate rules and regulations for the approval of satellite school agreements. Such
rules and regulations shall ensure that the physical facilities in which satellite schools operate are sufficient to protect
the health and safety of the students who attend such schools, but shall not require that those physical facilities meet the
same requirements established by the Department pursuant to § 2002 of this title for schools constructed and owned by reorganized
districts. The State Risk Manager shall provide assistance to the Department in establishing regulations governing the respective
obligations of the school district or the charter school operating the satellite school and the employer or employers providing
the physical facility for the operation of the satellite school for any liabilities that may be incurred pursuant to a separate
provision of this Code or other provision of law. Satellite schools and their employees shall have the same immunities from
liability as other public schools and their employees.
(c) Reorganized districts shall establish procedures for admissions to non-charter school satellite schools consistent with
those established by Chapter 4 of this title and charter schools shall establish procedures for admissions to satellite schools
consistent with those established by Chapter 5 of this title; provided however, that preference in admissions to satellite
schools may also be given to students whose parents are residents of the State and who work at the worksite at which the satellite
facility is located so long as such preference is made equally available to such students without regard to the jobs their
parents hold at the worksite or without regard to whether the students" parents work for the employer who controls the worksite
or a contractor of such employer. Such preference may also be extended to students whose parents work at a physical facility
located within a 1-mile radius of the satellite school for an employer or the contractor of any employer, which is a party
to a satellite school agreement with a reorganized district and which provides assistance pursuant to such agreement in the
provision of the physical facility for the operation of the satellite school.
70 Del. Laws, c. 366, § 1; 71 Del. Laws, c. 180, § 123.;
§ 2006. Subdivision impact and permit fees.
(a) Notwithstanding any law, rule, ordinance, or charter provision to the contrary, no county or municipality is permitted
to assess permit fees, impact fees, or other assessments on a school district for any school construction project. This section
does not prohibit a political subdivision from charging utility fees for usage of such utility provided the rate is no higher
than that of other properties within the political subdivision nor shall this section prohibit the charging of a surcharge
relating to building permit construction value to provide funding for volunteer fire or ambulance companies.
(b) For the purposes of this section:
(1) "Impact fees" or "other assessments" shall not include any fee assessed for maintaining or increasing water supply, wastewater
transmission line capacity, or wastewater facility capacity.
(2) "Permit fees" or "other assessments" shall not include a fee or assessment to reimburse the jurisdiction for the approximate
and reasonable cost to inspect and enforce applicable building, zoning, water, and wastewater codes or ordinances.
(c) Arbitration procedure. --
(1) If a school district disagrees with the reasonableness of fees imposed and subject to this section, a right to an arbitration
procedure in front of a 3 member panel is hereby established. The municipality or county and the school district shall each
choose a member of the panel, and the third member shall be chosen by agreement of the remaining members of the panel and
shall chair the panel. The decision of this panel shall be final and binding on the parties.
(2) For the purposes of this section, it shall be reasonable to base a fee upon the actual cost incurred, and 10% administrative
support costs to provide the service.