Delaware · Senate Bill 186 · 152nd General Assembly

Voluntary School Assessment/Sussex County/Enable Use

  1. Introduced Jun 16, 2023
  2. In committee Jun 16, 2023
  3. Passed the Senate Jun 22, 2023
  4. Passed the House Jun 30, 2023
  5. To the governor  
  6. Became law Sep 14, 2023

What it does

The legislature's own summary of the bill, or its official long title.

This Act enables Sussex County to use the Voluntary School Assessment (VSA) to address the impact of residential development on school capacity. The following is a summary of the Act’s 3 sections: Section 1 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. It amends § 6961 of Title 9 to add a new subsection (d) that enables Sussex County to require residential…

Read the full title (316 words)

This Act enables Sussex County to use the Voluntary School Assessment (VSA) to address the impact of residential development on school capacity. The following is a summary of the Act’s 3 sections: Section 1 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. It amends § 6961 of Title 9 to add a new subsection (d) that enables Sussex County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA. Section 1 also amends § 6961 to provide that to the extent Sussex County has adopted or adopts any regulations linking or restricting residential developments to school capacity, such regulations are preempted. Section 2 of the Act amends § 842 of Title 22 of the Delaware code, pertaining to school capacity for municipal corporations, to remove specific references to New Castle County. It also revises § 842 to provide that subsection (b) applies to all new residential subdivision plans over 5 units in size for lands located within or annexed into a municipality on or after July 1, 1992; previously, subsection (b) only applied to such lands annexed into a municipality after July 1, 1992. Section 3 of the Act amends § 103 of Title 14 of the Delaware code to conform with the changes to the code contained in Section 1 of this Act, to provide that in calculating the VSA, the average cost per child shall take into account offsite roadway improvements required by the state transportation department, and to remove a specific reference to New Castle County.

Every action

7 steps, oldest first, as the legislature records them.

  1. CommitteeIntroduced and Assigned to Education Committee in Senate · Senate Education
  2. CommitteeReported Out of Committee (Education) in Senate with 2 Favorable, 4 On Its Merits · Senate Education
  3. SenatePassed By Senate. Votes: 18 YES 2 NO 1 ABSENT18–2 vote
  4. CommitteeAssigned to Education Committee in House · House Education
  5. CommitteeReported Out of Committee (Education) in House with 2 Favorable, 7 On Its Merits · House Education
  6. HousePassed By House. Votes: 39 YES 1 NO 1 ABSENT39–1 vote
  7. GovernorSigned by Governor

Roll calls

2 recorded votes: 2 on the floor, 0 in committee. Each shows how every member voted.

Passed By Senate. Votes: 18 YES 2 NO 1 ABSENT · Full Senate

Passed 18–2
Jun 22, 2023 · journal entry
Yes 18 No 2 Not voting 1
Democrats: 14 yes, 0 no Republicans: 4 yes, 2 no
How each member voted

Yes · 18

No · 2

Absent · 1

Passed By House. Votes: 39 YES 1 NO 1 ABSENT · Full House

Passed 39–1
Jun 30, 2023 · journal entry
Yes 39 No 1 Not voting 1
Democrats: 25 yes, 0 no Republicans: 14 yes, 1 no
How each member voted

Yes · 39

No · 1

Absent · 1

Sponsors

The member who introduced it, joined by 1 cosponsor: 1 Democrat.

All 1 cosponsor

From Delaware's official records (legis.delaware.gov), checked Nov 1, 2026. Text links go to the official versions; LegiList does not copy bill text.