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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

14 Del. C. § 1916: Tax collection warrant and assessment list; tax rate after general reassessment [Effective until Mar. 31, 2027].

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Where this section sits in the code
  1. Title 14. Education
  2. Free Public Schools
  3. CHAPTER 19. Local School Taxes
  4. Subchapter I. General Provisions

(a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the board of the district shall fix the rate of taxation plus up to 10% for delinquencies.

(b) (1) After a general reassessment, a school board shall calculate a new tax rate that projects the total amount of money that is equal to or less than the sum of all of the following:

a. The actual operating revenue derived by the tax levied in the fiscal year immediately preceding the general reassessment.

b. A percentage that is equal to the average growth rate, during the previous 5 years, in taxable property in the district.

(2) If a general reassessment is completed after a new tax or a tax increase is approved under § 1903 of this title but before actual revenue is derived from that approved tax, the school board shall calculate a new tax rate that projects the total amount of money that is equal to or less than the sum of all of the following:

a. The projected operating revenue announced, projected, or calculated to be derived by approved tax.

b. A percentage that is equal to the average growth rate, during the previous 5 years, in taxable property in the district.

(3) Paragraphs (b)(1) and (b)(2) of this section do not apply to general reassessments before January 1, 2026, and this paragraph (b)(3) applies only to general reassessments before January 1, 2026. If the qualified voters of a reorganized school district have approved a specific rate of taxation or specified amount of taxation under § 1903 of this title and a subsequent general reassessment of all real estate in the county changes the total assessed valuation of the school district, the local board of education of each such local school district shall calculate a new real estate tax rate which, at its maximum, would realize no more than 10% increase in actual revenue over the revenue derived by real estate tax levied in the fiscal year immediately preceding such reassessed real estate valuation. In the event the qualified voters of a reorganized school district approve a specific rate of taxation or specified amount of taxation under § 1903 of this title to be collected, and there is a reassessment effective after voter approval, but before actual revenue is derived from increased taxation resulting from such voter approval, the local board of education of each such local school district shall calculate a new real estate tax rate which, at its maximum, would realize no more than a 10% increase in actual revenue over the revenue announced, projected or calculated to be derived by such voter approval and prior voter approvals.

(4) Any subsequent increase in the rate of taxation may only be achieved as follows:

a. Under § 1914(b) of this title.

b. By an election of the qualified voters in the school district under § 1903 of this title.

(c) Notwithstanding any other provisions of this title to the contrary, the school board of the district whose jurisdiction traverses county boundary lines and whose local school taxes are made different as a result of property reassessment shall levy real estate taxes in the following manner:

(1) In the county not reassessed, at a rate authorized by law and referendum.

(2) In the county recently reassessed, at a newly calculated rate based on the newly established assessments which at its maximum would bring in revenue equal to the amount authorized by law and by referendum, based on the previous year’s assessment, plus the quarterly updates and the 10% increase as authorized by subsection (b) of this section.

(d) The board shall, no later than the second Thursday in July, deliver its warrant to the receiver of taxes and county treasurer of the county or counties where the district is located.

(e) Notwithstanding the provisions of this chapter and § 2601 of this title, , the school board of any district within New Castle County shall, no later than October 22, 2026, deliver its warrant for the 2026-2027 tax year to the receiver of taxes and county treasurer of the county or counties where the district is located. The rate set under this subsection may be reset to incorporate the most recent assessment list provided by New Castle County. However, the rate set under this section may not increase the projected operating revenue of a school district, except any increase approved by referendum but not yet received and for a percentage that is equal to the 5-year average growth rate in taxable property as reported by New Castle County. In the event a school district within New Castle County experiences a shortfall of local school funds as a result of this subsection for the 2026-2027 school tax year, the school district may request, and the State shall advance, moneys from State Division I funds.

Collected 2026-09-05T23:02:18Z. Source file · JSON

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