Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2018

Authenticated PDF Version

14 DE Admin. Code 415
Pursuant to 14 Del.C. §122(a), the Secretary of Education intends to amend 14 DE Admin. Code 415 Voluntary School Assessment. The regulation is being amended to delete unnecessary language that merely restates Delaware Code, delete language that conflicted with Delaware Code, and clarify the Department's definition of "adequate capacity."
Notice of the proposed regulation was published in the News Journal and Delaware State News on August 1, 2018, in the form hereto attached as Exhibit "A". No comments were received for this regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 415 Voluntary School Assessment in order to delete unnecessary language that merely restates Delaware Code, delete language that conflicted with Delaware Code, and clarify the Department's definition of "adequate capacity."
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 415 Voluntary School Assessment. Therefore, pursuant to 14 Del.C. §122(a), 14 DE Admin. Code 415 Voluntary School Assessment attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 415 Voluntary School Assessment hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 415 Voluntary School Assessment amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 415 Voluntary School Assessment in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122(a) on September 14, 2018. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 14th day of September 2018.
Department of Education
Approved this 14th day of September 2018
1.0 Purpose General Provisions
1.1 The funds generated as a result of the Voluntary School Assessment, as authorized by the provisions of 14 Del.C. §103(c) relating to land use planning and education shall be applied exclusively to offsetting the required local share of major capital construction costs.
Pursuant to 14 Del.C. §103(c), this regulation shall apply to Voluntary School Assessments that are required in lieu of Certifications of Adequate Capacity for proposed residential developments in New Castle County.
Building Valuation Dataor “BVD means the average construction costs as published biannually by the International Code Council, which can be used for determining permit fees for a jurisdiction.
Certificate of Necessity” means the document issued by the Department of Education which certifies that a construction project is necessary and sets the scope and cost limits for that project. The Certificate of Necessity authorizes the school district to hold a referendum for the Capital Improvement Program identified and authorizes the school district to sell bonds to pay the local portion in the event of a successful referendum.
Certificate of Occupancy” means the document issued by a local code enforcement official/office attesting that a facility meets building codes and is fit for human occupancy.
"Certification of Adequate Capacity" means a certification that the school district in which a proposed development is located has 85% or less capacity for the elementary, middle, and high schools in the proposed development's feeder pattern. Such certification is issued by the Secretary based on information provided to the Department by the school district and New Castle County Department of Land Use.
Change Orders” means the documents that change the construction contract and are negotiated between the owner and contractor in order to correct design omissions, address unforeseen circumstances which arise during the construction process, and improve upon designs based on project progress.
"Department" means the Delaware Department of Education.
Equalization Report” means the report issued per 14 Del.C. §1707(i), which recommends formula adjustments for funding allocations that are intended to equalize tax-base disparities, driven by land values, amongst local school districts.
Gross Area” means the calculated square footage of a residential unit.
International Code Council” means the nationally recognized organization that is dedicated to developing model codes and standards used in the design, build and compliance process to construct safe, sustainable, affordable and resilient structures.
Program Capacity” means eighty-five (85) percent of the maximum number of students that a program or school can contain as determined solely by considerations of physical space and class size for each grade level, as identified in 14 Del.C. §405(c).
School Capacity” means the calculation which determines the number of students that can be served within a school building, as determined by the Department of Education school construction formula.
School Capacity Certification” means the certification made by any local school district to be impacted by a pending development, which identifies the existence of capacity within existing district infrastructure, or lack thereof.
School Construction Technical Assistance Manual” means the document that identifies the school construction formula and provides local school districts with guidance and rules related to school construction.
"Secretary" means the Secretary of the Delaware Department of Education or his or her designee.
Voluntary School Assessment” means the fee assessed on new residential construction units in New Castle County and its municipalities to provide support for the construction of additional capacity within local school districts, for increased student growth that results from residential development assessment amount calculated by the Secretary pursuant to 14 Del.C. §103(c).
3.0 Determination of School District Capacity Certification of Adequate Capacity
3.1 Prior to a developer recording a residential subdivision plan per 9 Del.C. §2661, and for over 5 units in size for any lands annexed into any municipality located in New Castle County per 22 Del.C. §842(2), the developer shall request from the Department of Education a School Capacity Certification to ensure that the school district in which the development will be located has adequate capacity to accommodate the proposed number of students the development will generate. The Department of Education shall also verify with the municipality located in New Castle County or New Castle County all the necessary information regarding the development to include location; tax parcel number of the development; and number and type of residential units.
3.1.2 Capacity shall include students who are enrolled in the proposed development's feeder pattern schools based on their residence, as provided in 14 Del.C. §202(c), and through the Delaware's School District Enrollment Choice Program as provided in 14 Del.C. Ch. 4.
4.1.2 The local share calculated above shall then be multiplied by 0.5 (statewide average children per household as per 14 Del.C. §103(c)(3)) to determine the final individual rate for each school district.
5.04.0 Determining Total Cost of a Residential Unit
4.1 Pursuant to 14 Del.C. §103(c)(3), a Voluntary School Assessment shall not exceed 5 percent of the total cost of a residential unit.
5.14.1.2 The developer shall contact the Department of Education to identify residential units subject to the 5 percent limitation as per 14 Del.C. §103(c).
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov