Delaware

14 Del.C. § 1046

DELAWARE CODE ANNOTATED

TITLE 14. EDUCATION

PART I. FREE PUBLIC SCHOOLS

CHAPTER 10. REORGANIZATION OF SCHOOL DISTRICTS

SUBCHAPTER III. SCHOOL BOARDS OF REORGANIZED SCHOOL DISTRICTS

§ 1046 Compensation of school board members.

A school board member shall receive no compensation for his services.

14 Del.C. § 1051

§ 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 SS 1061, 1062, 1063, 1064, 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.

14 Del.C. § 1052

§ 1052 Number; qualifications of members; 1 member elected each year; term of members.

(a) Unless otherwise provided in this chapter, each school board shall be composed of 5 members.

(b) Each member shall be a citizen of the State and resident of the school district in which elected or appointed and shall be qualified to vote at a school election in that district at the time of such election or appointment.

(c) Unless otherwise provided in this chapter, 1 school board member shall be elected each year except where an unexpired term of a former member is also to be filled.

(d) Unless otherwise provided in this chapter each school board member shall be elected for a term of 5 years except when such election is to fill an unexpired term, said term commencing on the 1st day of July following his election.

14 Del.C. § 1054

§ 1054 Vacancy on school board.

(a) If any school board member ceases to be a resident of the reorganized school district, he shall cease to be a member of its school board.

(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term. When a vacancy occurs prior to February 1, the remaining members of the school board shall appoint a person who has filed an application to fill the vacancy. No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district.

(c) In the event that a majority of or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Nominations and elections held or appointments made pursuant to this section shall be held or made in accordance with this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members.

(d) In the event of vacancies under this section which are to be filled at the next regular school board election, candidates shall file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title.

14 Del.C. § 1061

§ 1061 School boards upon reorganization.

Previously elected or appointed school board members of component former school districts and all members of the board of a subdivided high school district board who reside within the reorganized school district, including those members elected at the regular election in May, 1969, shall continue to serve out their respective terms on the school board of the reorganized school district constituted and established on July 1, 1969, notwithstanding any other

provisions of this title to the contrary, except that in the case where a reorganized school district is composed of 1 or more non-1-through-12 grade component former school districts and 1 or more component former school districts previously providing grades 1 through 12, only the member elected in May, 1969, in each of the non-1-through-12 grade districts will serve out his

term as an interim member of the school board of the reorganized school district along with all of the school board members of the previously 1- through-12 grade district or districts. Subsequent elections or appointments in the reorganized school districts shall be for 1 member at large in the

reorganized school districts until the school board meets the criteria of this subchapter. If it becomes necessary to fill a vacancy for any reason other than the expiration of term, the new member must be selected from the residents of the previously existing school district and in accordance with § 1054 of this title.

14 Del.C. § 1064

§ 1064 Reorganized vocational-technical school districts.

(a) The members of the school board of any reorganized vocational-technical school district 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 his 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 his political affiliation.

(b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least 7 school board members serving pursuant to S 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 his political affiliation.

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

14 Del.C. § 1066

§ 1066 Dissolution of school board upon division of a reorganized school district; members of school board continue to serve terms in districts resulting from division; appointments by State Board of Education and annual election thereafter; appointments by Governor in vocational-technical districts; division of school districts created by federal court orders.

(a) Upon the division of a reorganized school district into 2 or more school districts under S 1028 of this title, the school board of the divided reorganized school district shall be dissolved as of the effective date of division.

(b) Any member of the previously existing school board, including a vocational-technical school board, shall continue to serve out his term for which he was elected or appointed in the divided school district as a member of the school board of the school district resulting from such division in which he resides.

(c) Except as provided in subsection (d) of this section, the State Board of Education shall appoint such additional members of the school boards of the school districts resulting from such division as are necessary to bring the total number of school board members for each such resulting district to 5 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 5 years. The qualified voters of any school district resulting from such division shall, at each annual election after division, elect 1 member for a term of 5 years who shall serve from the 1st day of July next succeeding his election and until his successor qualifies.

(d) In the case of any division of a vocational-technical school district under S 1028 of this title, the Governor shall appoint such additional members of the school boards of the vocational-technical school districts resulting from such division 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. Annually thereafter, the Governor shall appoint 1 member for a term of 7 years who shall serve from the 1st day of July next succeeding his appointment and until his successor qualifies.

(e) Other provisions of this section notwithstanding, if during the period January 1, 1980, through August 31, 1981, the State Board of Education divides a school district that was created by the order of a federal court, the number of board members, the members of the board, the length of the term of each member and the provisions for election of members to those boards shall be as follows:

(1) The number of members for any such board shall be 7;

(2) The term of office for a member of any such board shall be 5 years

except that the initial terms will expire in accordance with this subsection;

(3) Each person who was elected directly to the interim board of education and each person who became a member of the interim board of education by reason of his or her election to the board of education of the district being divided shall be a member of the board of education of the newly created district from the nominating district in which he or she resides. The remaining members shall be chosen by an election conducted under the procedure of this section and subchapter IV of this chapter; provided, however, that the election shall be conducted by the department of elections of the county in which the district is located on a date chosen by the

department of elections after consultation with the interim board of the school district being created and further provided that in the case of a tie between nominees from the same nominating district, the member shall be chosen by a run-off election to be held within 30 days. The cost of such election shall be borne by the school district being divided;

(4) The terms of the members of the board of education shall be determined in accordance with the following:

a. One term shall end in 1986, 2 terms shall end in 1985, 1 term shall end in 1984, 2 terms shall end in 1983 and 1 term shall end in 1982. All terms shall end on June 30;

b. The term of each person who is a member of the board of education by reason of his or her election to the board of education of the district being divided shall end on the date his or her term on the board of education of the district being divided would have ended;

c. The person or persons elected directly to the board of education shall have the longest of the remaining terms. If 2 or more persons are elected directly to the board of education of the district being created the length of their terms shall be determined by comparing their vote totals.

The person who received the highest total shall have the longest remaining term. The person who received the next highest vote shall have the next longest remaining term, and so forth. Where a nominee has been elected in a run-off election, the length of his or her term shall be determined by the vote total received in the election which resulted in a tie. If 2 or more nominees from different nominating districts are elected with the same number of votes, the ranking to set length of term shall be determined by the State Board of Education, by lot;

d. The persons who are members of the board of education of the district being created by reason of their election to the interim board of education of the district being created shall have whichever terms are not filled in accordance with subparagraphs b. and c. of this paragraph. The

length of their terms shall be determined by comparing their vote totals. The person who received the highest total shall have the longest remaining term. The person who received the next highest vote total shall have the next longest remaining term, and so forth. Where a nominee has been elected in a run-off election, the length of his or her term shall be determined by the vote total received in the election which resulted in a tie. If 2 or more nominees from different nominating districts are elected with the same number of votes, the ranking to set length of term shall be determined by the State Board of Education, by lot;

(5) At the time that members are to be elected directly to a board of education for a district created pursuant to subsection (k) of S 1028 of this title the nominees shall be nominated according to S 1075 of this title except that a nominee must be a resident of the nominating district in which his or her predecessor resides;

(6) A nominating petition in support of any nominee may be signed by any resident of the school district qualified to vote in the election proposed;

(7) Election of members of a board of education shall be at large in the school district, provided that no person may vote for more than 1 person who resides in each nominating district;

(8) Any vacancy on a board of education shall be filled according to § 1054 of this title.

14 Del.C. §S 1067

§ 1067 Election of Milford Special School District in 1969 for the Board of Education.

On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect 2 members of the Board of Education of Milford Special School District. The individual with the highest number of votes shall be elected for a term of 5 years. The individual with the second highest number of votes shall be elected for a term of 4 years and shall fill the vacancy created by the expiration of the term of the previously elected school board member. Both individuals shall be elected at large in the entire Milford Special School District and shall serve in addition to the 3 then incumbent previously elected school board members. Thereafter, school board members in the school district shall be elected in accordance with S 1051 and S 1052 of this title. No fewer than 2 members shall be residents of Kent County and no fewer than 2 members residents of Sussex County.

14 Del.C. § 1069

§ 1069 School Board for Cape Henlopen School District.

(a) Notwithstanding anything contained in this chapter to the contrary, the School Board of the Cape Henlopen School District shall be composed of 7 members.

(b) The Cape Henlopen School District is hereby divided into 4 areas as follows:

(1) Area A: Beginning at a point on the shoreline of the Delaware Bay between Broadkill Beach and Roosevelt Inlet near where the Broadkill River runs in an east-westerly direction; thence following a westerly direction through the middle of the Broadkill River to the midpoint of the confluence of Beaverdam Creek; thence in a southerly direction through the middle of

Beaverdam Creek to the boundary line of Cape Henlopen School District; thence following the boundary of Cape Henlopen School District first in a westerly direction and extending to the shoreline of Delaware Bay in the vicinity of Fowlers Beach; thence in a southerly direction to the beginning point.

(2) Area B: Beginning at a point on the shoreline of the Delaware Bay intersected by a perpendicular line running through and extended from the middle of Route 9 on Lewes Beach; thence following a westerly direction through the middle of Route 9 until the intersection of Route 261; thence in a southerly direction through the middle of Route 261 until the intersection

of Route 285; thence in a southerly direction through the middle of Route 285 to the intersection of Route 5; thence southerly through the middle of Route 5 until the intersection with the District's boundary: thence following the District's boundary first in a westerly then northerly

direction until the boundary connects to the same point where Area A's boundary intersects with Route 259 and Beaverdam Creek; thence following the same boundary for Area A to the Delaware Bay; thence in a southerly direction along the shoreline of Delaware Bay to the beginning point.

(3) Area C: Beginning at the same point on the shoreline of Delaware Bay as Area B and following the same boundary of Area B in a westerly and then southerly direction until the line meets the District boundary; thence in an easterly direction along the District boundary to a point on the boundary which is directly grid south of the tip of Bald Eagle Point; thence in a northwesterly direction, off-shore of land, through the center of Love Creek to the intersection of Route 24; thence in a northeasterly direction through the center of Route 24 until the intersection of Route 1; thence for a short distance in a southerly direction through the center of Route 1 until the intersection of Route 270; thence in a northeasterly direction through the center of Route 270 until the termination of Route 270 near the sewage treatment plant; thence in a grid easterly direction to the shoreline of the Atlantic Ocean; thence in a northerly direction along the shoreline of the Atlantic Ocean and then in a westerly direction along the shoreline of the

Delaware Bay to the beginning point.

(4) Area D: Beginning at a point where the Indian River Inlet and the Atlantic Ocean converge; thence in a westerly and then northerly direction until the line meets the point of intersection for Area C and the District boundary; thence following the same boundary for Area C in a northerly and then easterly direction until the line meets the shoreline of the Atlantic

Ocean; thence in a southerly direction to the beginning point.

(1) At the regular school election in 1997, the qualified electors in the school district shall choose 1 member who is a resident of Area D. The member shall serve a term of 1 year.

(2) At the regular school election in 1998, the qualified electors in the school district shall choose 1 member who is a resident of Area A. One member shall be elected from Area D and shall serve a term of 4 years.

(3) At the regular school election in 1999, the qualified electors in the school district shall choose 1 member who is a resident of Area C and 1 member who is a resident of the district at large.

(4) At the regular school election in 2000, the qualified electors in the school district shall choose 1 member who is a resident of area B and 1 member who is a resident of the district at large.

(5) At the regular school election in 2001, the qualified electors in the school district shall choose 1 member who is a resident of the district at large.

(6) All subsequent school board elections shall follow a schedule with a 5 year sequence as herein listed and thereafter:

2002 -- Elect 1 member who is a resident of Area D

2003 -- Elect 1 member who is a resident of Area A

2004 -- Elect 1 member who is a resident of Area C and 1 member who is a

resident of the district at large.

2005 -- Elect 1 member who is a resident of Area B and 1 member who is a

resident of the district at large.

2006 -- Elect 1 member who is a resident of the district at large.

(7) Except for the shortened term of Area D for 1 year from 1997 to 1998 and Area D for 4 years from 1998 to 2002, thereafter, each school board member shall be elected to a term of 5 years. An exception shall be when such election is to fill an unexpired term as provided in this chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on the 1st day of July following the election.

(8) Nominations for each candidate qualified to be a school board member shall provide a declaration of intention as to whether the candidate is to serve at large, if elected, or if the candidate is to serve from the candidate's legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Nominations in either case shall be by residents of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly nominated shall be listed

alphabetically in appropriate groupings by area and/or "at large." If in a given year when nominations may be made for members living in a specific area and no nominations are so made, and if during that given year a nomination may also be made for a member to serve "at large," the member "at large" living in the given area receiving the highest number of votes shall

be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates nominated to serve "at large," then the person receiving the second highest number of votes shall be declared duly elected to the position "at large" in the school district.

(9) In all school board elections, nominations may be made and board members chosen at the election by qualified electors of the entire school district thereof.

(10) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section.

14 Del.C. § 1070

§ 1070 School Board for Milford School District.

Notwithstanding anything contained in this chapter to the contrary, the School Board of the Milford School District shall be composed of 8 members. Four members shall be elected at large from the reorganized Milford School District and 1 board member shall be elected from each of the 4 areas "A", "B", "C" and "D" described in subdivision (1).

(1) The Milford School District is hereby divided into 4 areas as follows:

a. Area A. -- Beginning at the intersection of Roads 396 and 395 proceed southeast along the center of Road 396 to Route 14; east along the center of Route 14 to the intersection of Route 113; north along the center of Route 113 to the point where Route 113 intersects with Swan Creek; east along the center of Swan Creek to the Mispillion River and thence along the center of the Mispillion River to the Delaware Bay. Thence follow the shore line of Delaware Bay north to the Murderkill River; thence southwest along the common boundary between the Milford and Lake Forest School Districts to the intersection of Roads 396 and 395.

b. Area B. -- Beginning at the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts, proceed northeast along the center of Road 594 to the intersection of Road 42; north along the center of Road 42 to a point .2 miles south of Road 207;

thence due east to the Herring Branch. Follow along Herring Branch to the point where it intersects with Route 113; thence north along the center of Route 113 to the intersection of Route 14; west along the center of Route 14 to Road 396; northwest along the center of Road 396 to the Milford-Lake Forest School District boundary. Thence follow the existing common boundary south between the Milford-Lake Forest and Woodbridge School Districts to the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts.

c. Area C. -- Beginning at the point where the Mispillion River enters the Delaware Bay, proceed westward along the center of the Mispillion River to Swan Creek; west along the center of Swan Creek to the point where it intersects with Route 113; south along the center of Route 113 to the point where Route 113 intersects Herring Branch (near Lincoln); proceed along the Branch northeast to the Milford city line; continue following the branch east and south to a point where the branch intersects Road 211; southeast along the center of Road 211 to Road 207; northeast along the center of Road 207 to Road 30; southeast along the center of Road 30 to the northeast corner of Cedar Creek Millpond; proceed east along the common boundary between the Milford and Cape Henlopen School Districts to the Delaware Bay; north along the Delaware Bay coastlines to the point where the Mispillion River enters the Bay.

d. Area D. -- Beginning at the northeast corner of Cedar Creek Millpond proceed directly northwest along the center of Road 30 to the point where Roads 30 and 207 intersect; thence southwest along the center of Road 207 to the point where Roads 207 and 211 intersect; thence northwest along the center of Road 211 to a branch being the northeast boundary of the James

Deputy property; continue northwest along this branch to the Milford city line; west along the city line to Herring Branch; follow Herring Branch southwest to a point approximately .2 miles south of Road 207; thence follow a line directly west to Road 42; south along the center of Road 42 to Road 594; southwest along the center of Road 594 to the present boundary of the reorganized Milford School District. Thence follow the existing common boundary between Milford and the Woodbridge, Indian River, and Cape Henlopen School Districts to the northeast corner of Cedar Creek Millpond.

(2) School Board members shall be elected in the following manner:

a. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area A for a term of 4 years;

b. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area B for a term of 5 years;

c. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area C for a term of 2 years;

d. At the regular school election in 1974 the qualified electors in the school district shall choose 1 member who is a resident of Area D for a term of 3 years;

e. At large board members shall be chosen in accordance with the schedule contained in subdivision (3) of this section. No at large board members will be chosen at the regular school election in 1974. An at large board member is any resident of Milford School District who meets other qualifications for school board membership as determined elsewhere in this chapter. Area designation is not applicable to at large board members.

(3) Beginning with the regular school election in 1975, school board members shall be elected in accordance with the following schedule:

Election Designated At Large

Year Area Seats Term Seats Term

______________________________________________________________________

1975 None -- 1 5 yr.

1976 C 5 yr. 1 5 yr.

1977 D 5 yr. 1 5 yr.

1978 A 5 yr. 1 5 yr.

1979 B 5 yr. None --

1980 None -- 1 5 yr.

1981 C 5 yr. 1 5 yr.

1982 D 5 yr. 1 5 yr.

1983 A 5 yr. 1 5 yr.

1984 B 5 yr. None --

(4) Nominations for each candidate qualified to be a school board member shall provide a declaration of intention as whether the candidate is to serve at large, if elected, or if the candidate is to serve from his legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Nominations in either case shall be by residents of the school district as provided elsewhere in this chapter. At the election, whether by voting machine or ballot, the names of all persons properly nominated shall be listed alphabetically in appropriate groupings by area and/or at large. If in a given year when nominations may be made for members living in an area where a nomination may also be made for a member to serve at large, the member at large living in the given area receiving the highest number of votes shall be declared duly elected to the position of school board member; if the same candidate should also have received the highest number of votes of all candidates nominated to serve at large then the person receiving the second highest number of votes shall be declared duly elected to the position at large in the school district.

(5) In all school board elections nominations may be made and board members chosen at the election of qualified electors of the entire school district thereof.

(6) Each school board member so elected shall have those qualifications prescribed by this chapter and shall meet any other requirements provided in this section.