Delaware Code Title 14. Education § 1027. Consolidation of reorganized or vocational-technical school districts;  referendum;  qualified voters;  list of taxable property;  bonds of vocational-technical school districts;  school boards of consolidated school districts

(a) The State Board of Education may, when in its judgment it is practicable and desirable, consolidate 2 or more reorganized school districts which are contiguous, in accordance with this section.

(b) In cases other than consolidation of reorganized vocational-technical school districts, the State Board of Education shall, by means of referendum conducted by the school board of the reorganized school districts affected, submit the question of consolidation to the voters of the reorganized school districts affected.  The State Board of Education shall specify in advance the effective date of consolidation.  The question of consolidation shall be determined by the majority of the total vote in each of the reorganized school districts affected, and the result shall be immediately certified to the State Board of Education in accordance with other provisions of this chapter.  If approved by referendum in each of the reorganized school districts affected, the consolidated school district shall be constituted and established as of the effective date of consolidation.

(c) In the case of any consolidation of reorganized vocational-technical school districts, the State Board of Education shall, provided the school boards of the vocational-technical districts affected by such consolidation have adopted resolutions favoring such consolidation, constitute and establish such consolidated vocational-technical school district as of the effective date of consolidation.

(d) If consolidation is by referendum, the State Board of Education shall post a notice of the proposed referendum for consolidation at the school or schools in the reorganized districts affected and in at least 10 other prominent and conspicuous places in each of the reorganized districts affected at least 20 days prior to the date of the referendum.  The notice of referendum shall distinctly state the following:

(1) That in case the consolidation is effected, the obligations evidenced by bonds of each of the consolidating districts shall become the common obligation of all of the residents of the consolidated district and the principal and interest on the outstanding bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated district;

(2) That the rate of tax for current expenditures not including Division III in the consolidated district shall not be in excess of the highest rate that was authorized in any of the reorganized school districts to be consolidated, without a new referendum to authorize such taxation;

(3) That, in the event of consolidation, all obligations evidenced by bonds issued by the consolidated district after consolidation shall become the common obligation of the residents of the consolidated district.

(e) If consolidation is by referendum, every person qualified to vote under § 1077 of this title may vote, and §§ 1078 , 1079 and 1085 of this title shall apply to such referendums.

(f) If consolidation is by referendum, the school board for the consolidated school district shall be responsible for preparing and maintaining the list of taxable property and capitations for each of the respective school districts in accordance with paragraph (d)(1) of this section, as each was constituted prior to consolidation and at the time the obligations evidenced by bonds were issued and shall continue to levy the taxes to pay for the principal and interest on the bonded indebtedness of each such school district, and the receiver of taxes and county treasurer or their successors shall deposit such tax moneys in the approved manner provided elsewhere in this title for the account of the consolidated district.  The school board of the consolidated district shall keep such records and accounts as are necessary showing the receipts from such taxes and payments made on bonded indebtedness of each such school district as was constituted prior to consolidation.

(g) In the case of any consolidation of reorganized vocational-technical school districts where any of the school districts so consolidating have outstanding obligations evidenced by bonds, such obligations after consolidation shall become the common obligation of all the residents of the consolidated vocational-technical school district and the principal and interest on the bonds shall be paid according to the original terms as to principal and interest by means of a common tax levied uniformly throughout the consolidated vocational-technical school district.

(h) All property, real and personal, of the school districts consolidating shall upon consolidation become the property of, and vest by operation of law in, the consolidated school district, and all indebtedness and obligations of the districts consolidating shall become the indebtedness and obligations of the consolidated district.  The rights of any bondholders shall not be impaired by reason of anything contained in this section.

(i) The school board of any school district consolidated under this section shall be created and constituted in accordance with § 1065 of this title.

(j) Any consolidated school district created under this section shall be operated and maintained as other school districts reorganized under this chapter and all laws in this State relating to school districts reorganized under this section shall apply to such consolidated school districts.

(k) This section shall apply only with respect to reorganized school districts constituted and established in accordance with this chapter and shall not be deemed to alter or affect in any way former § 1108 of this title with respect to school districts consolidating on or before June 30, 1969.


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