14 Del. Admin. Code § 401-2.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 401-2.0 - Certificates of Necessity

2.1 Local school districts shall submit local school board approved projects to the Department of Education by August 31 of each fiscal year to be considered for a Certificate of Necessity and capital funding in the following fiscal year.

2.2 Local school district submissions for a Certificate of Necessity shall provide an equity statement that identifies the demographic information (e.g. race, Low Income, English Learner) of the students who are expected to attend the new school, use a new facility, or benefit from an approved Major Capital Project and how the Major Capital Project impacts equitable distributions of new and renovated buildings throughout the school district.

2.3 The Certificate of Necessity shall be quoted in the advertisement for the referendum.

2.4 Projects proposing the construction of a new Facility or for an addition to an existing Facility shall be issued a separate Certificate of Necessity. Funds issued for the construction of a new Facility or for an addition to an existing Facility shall not be transferred to projects in a separate Certificate of Necessity.

2.5 Additions and renovations to existing Facilities that are done in connection with other renovations may be issued a single Certificate of Necessity. However, when such a multiple project Certificate of Necessity is issued, it shall identify each Facility in the program and describe the work to be done at that Facility including the state and local share of the total cost for that work. Funds may be transferred between projects issued under the same Certificate of Necessity in accordance with Section 8.0 of this regulation.

2.6 The Department of Education will complete and forward the Certificate of Necessity to the local school district superintendent for that superintendent's signature.

2.7 A copy of the final Certificate of Necessity will be returned to the local school district within ten working days following final approval by the Department of Education.

14 Del. Admin. Code § 401-2.0

13 DE Reg. 1300 (04/01/10)
18 DE Reg. 300 (10/1/2014)
24 DE Reg. 137 (8/1/2020)
24 DE Reg. 863 (3/1/2021)
26 DE Reg. 175 (9/1/2022) (Final)