The number of units to be used in determining state financial support in each school district shall be calculated by the Department of Education each year in accordance with the procedures specified in this section.

(1) The number of units shall be calculated based upon the total enrollment of pupils in each school district as of the last school day of September. The total number of units by school district so determined shall be known as the “actual unit count.” The Department of Education shall annually (after September 30) certify and report the number of units as required in § 1710 of this title.

(2) Each calendar year, the State shall estimate the actual unit count for each school district that will be produced in September of the same calendar year. This estimate of the September unit count shall be completed no later than April 15 of each calendar year. The total number of units by school district so determined shall be known as the “estimated unit count.”

(3) With respect to state financial support described in this title that is based upon the actual unit count, Division 1 funding for teachers for each school district based upon the actual unit count derived in any calendar year shall not be less than 98% of the Division 1 funding for teachers that would have been generated by use of that calendar year’s estimated unit count.

(4) Each local school board shall allocate Division I units to schools in its district such that as of the last school day of October each school receives not less than 98% of the Division I units it generates as a result of the actual unit count. A local school board may waive this subsection after voting to waive it at a public meeting noticed for that purpose. Any local school board seeking such a waiver shall do so on or before December 1 of each year. Notice for such a meeting shall be placed in the local newspaper for 2 consecutive weeks before the meeting and shall be posted on the door of any school affected for the same time period, and a copy shall be sent to the principal, teacher association building representative, and Parent Teacher Organization/Parent Teacher Association parent leader of any affected school. The notice shall include the procedures for such persons to provide oral or written comments on the proposed waiver to the local school board. Notice of any approved waiver shall be sent to the same persons.

47 Del. Laws, c. 364, § 2E; 48 Del. Laws, c. 250, § 1; 14 Del. C. 1953, § 1704; 49 Del. Laws, c. 151; 56 Del. Laws, c. 310; 63 Del. Laws, c. 120, §§ 1, 3; 65 Del. Laws, c. 348, § 274; 69 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 180, § 103; 71 Del. Laws, c. 483, § 1; 76 Del. Laws, c. 280, § 355; 78 Del. Laws, c. 7, §§ 2, 3; 79 Del. Laws, c. 201, § 1.