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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2016

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Regulatory Flexibility Act Form

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14 DE Admin. Code 706
Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces of the United States. The purpose of amending this regulation is to provide guidance and clarity relative to military service for salary calculation for employees paid under 14 Del.C. §1305, and as referenced in 14 Del.C. §1312(a).
1.0 Purpose
The purpose of this regulation is to provide guidance relative to military service for salary calculations for employees paid under 14 Del.C. §1305, and as referenced in 14 Del.C. §1312(a).
Active Duty” means full-time duty in the active military service of the United States, to include, but not be limited to, full-time training duty, annual training duty, and attendance while in the active military service, at a school designated as a service school by law or by the Secretary of a military department.
Armed Forces” means the following branches of the United States armed forces: Army, Air Force, Marine Corps, Navy, and Coast Guard or National Guard of the State.
Course of Professional or Vocational Training” means work leading to the attainment of a certificate, diploma or degree, and offered by a public or private, non-profit or proprietary institution as approved or accredited by an appropriate State agency or National/Regional organization. A person engaged in such course of instruction shall have been enrolled on a full-time basis, under regulations of the institution in effect at the time of attendance, and shall have completed the course of instruction in which enrolled, by continuous attendance, so as to complete the course of instruction on a scheduled date. Interruption of attendance may be occasioned only by reason of personal medical problems which militate against regular attendance or full-time military duty during war or other declared emergency.
13.0 Credit for Active Duty Experience
13.1 Credit for Experience for full time aActive dDuty service, not in excess of six (6) years in the aArmed services Forces of the United States, shall be granted provided the individual became a teacher, principal, or superintendent, or other administrative employee in a Delaware public school pursuant to 14 Del.C. Ch. 1305, and as referenced in 14 Del.C. §1312(a):
13.1.1 Within five (5) years after completion of a tour of duty being on Active Duty; or
13.1.2 Within five (5) years after completion of a cCourse of pProfessional or vVocational tTraining, if such cCourse was begun within five (5) years after completion of the individual’s tour of duty being on Active Duty.
34.0 Calculation of Service Time
34.1 Credit for service in the aArmed fForces of the United States shall be calculated as follows:
34.1.1 One (1) year of experience shall be allowed for each creditable year of full time aActive dDuty service.
34.1.32 No more than one (1) year of experience may be credited for any one (1) calendar year.
(Non regulatory Note: See 14 Del.C. §1312(a) and §1327 Leave of Absence for Persons in Military Service).
Last Updated: December 31 1969 19:00:00.
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