§ 1007 — Interim boards; membership; authority

(a) When a reorganized school district, excluding a vocational-technical school district, is divided pursuant to this subchapter and § 1028(k) of this title, there shall be an interim board of education for each district being created. The interim board of education shall have 7 members, one of whom resides in each nominating district. Each member of the board of education of the district being divided shall become a member of the interim board of the district being created and from the nominating district in which that member resides, provided that the member’s term on the interim board shall terminate on the date on which that member’s term on the board of education of the district being divided terminates. Any person who succeeds a member of the board of the district being divided shall also succeed that person as a member of the interim board. Except with regard to persons appointed to fill vacancies, the remainder of the members of the interim board of education shall be chosen by election pursuant to the following procedure:

(1) Candidates for the interim board of education shall be nominated in accordance with § 1075 of this title except that a nominee must be a resident of the nominating district that nominee will represent;

(2) 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;

(3) Election of members of the interim board shall be at large in the geographic area encompassed by the school district being created, provided that no person may vote for more than 1 person who resides in each nominating district;

(4) The election shall be conducted in accordance with subchapter IV of this chapter; provided, however, that:

a. The election shall be held within 130 days of the approval by the State Board of Education of the plan for division of the district pursuant to § 1028(k) of this title on a date chosen by the department of elections of the county in which the district is located after consultation with the State Board of Education or its designee; provided, however, that it shall not be held in November or December;

b. The election shall be conducted by the department of elections of the county in which the district is located. The cost of the election shall be borne by the school district being divided;

c. 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.

(b) Not later than 10 calendar days after the election of the members of an interim board, the President of the State Board of Education or the President’s designee shall meet the new board and swear in the members and shall on the same occasion instruct the board immediately to organize according to this chapter.

(c) Each new board so organized shall serve as an interim board of education for the reorganized district until the date set by the State Board of Education for the establishment of the new school district according to § 1004 of this title.

(d) Each interim board shall have all of the authority of a board of education as set forth in this title for the sole purpose of planning and preparing for the establishment of a reorganized school district to be established on the date set by the State Board of Education. The authority herein granted to each interim board may include but is not limited to the authority to set tax rates in accordance with this title, negotiate contracts, employ personnel for assignment as of the date of implementation of the new district and select a name for the reorganized school district.

(e) The interim board may employ personnel for immediate assignment to execute the policies of the interim board.

(f) All persons elected to the interim board or appointed to fill a vacancy shall be members of the interim board until it is dissolved on the date selected by the State Board of Education pursuant to § 1004 of this title for implementation of the reorganization. A vacancy on the interim board shall be filled by the remaining members of the interim board who shall appoint a person who resides in the nominating district in which that person’s predecessor resided.

(g) Each interim board shall devise a budget to support its operation during the period from the date of its organization until the date set by the State Board of Education for implementation of the new district and present that budget to the State Board of Education for review and approval on a date set by the State Board of Education which shall be not more than 30 calendar days after the date that the interim board is organized. The State Board of Education shall approve or make modifications in and approve the budget not later than 10 days after it is presented by the interim board.

(h) If the district being divided or consolidated fails to contribute to the interim board the amount assessed against it, according to this section, within 10 calendar days of receipt of the statement of assessment delivered by certified mail, the interim board shall report the delinquency to the State Board of Education, which shall in turn verify the delinquency and certify its finding to the Secretary of Finance. Upon certification of the Secretary of Finance, the State Treasurer shall pay the assessed amount to the interim board from such funds as are available in the state and local district accounts for the delinquent district.

(i) Prior to the organization of the interim board, the State Board of Education shall engage in planning to effectuate the division of the school district. The board of education of the school district being divided shall, at the request of the State Board of Education, assign personnel to assist the State Board of Education.

(j) Nothing herein shall alter the procedure or timing of elections for membership on the board of education of the district being divided.

Legislative History

14 Del. C. 1953, § 1008; 56 Del. Laws, c. 292, § 6 ; 61 Del. Laws, c. 210, § 1 ; 62 Del. Laws, c. 351, §§ 8, 9 ; 70 Del. Laws, c. 186, § 1