DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 1220(a) (14 Del.C. 1220(a))

14 DE Admin. Code 710

PUBLIC NOTICE

Educational Impact Analysis Pursuant to 14 Del.C. Section 122(D)

PROPOSED

710 Public School Employees Work Day

A. Type Of Regulatory Action Required

Re-authorization of Existing Regulation

B. Synopsis Of Subject Matter Of The Regulation

The Secretary of Education intends to re-authorize 14 DE Admin. Code 710 Public School Employees Work Day. As part of the five year cycle of review for all of the Administrative Code for education this regulation has been reviewed and requires re-authorization.

C. Impact Criteria

1. Will the re-authorized regulation help improve student achievement as measured against state achievement standards? The re-authorized regulation addresses public school employees work hours not student achievement.

2. Will the re-authorized regulation help ensure that all students receive an equitable education? The re-authorized regulation addresses public school employees work hours not equitable education issues.

3. Will the re-authorized regulation help to ensure that all students' health and safety are adequately protected? The re-authorized regulation addresses public school employees work hours not health and safety issues.

4. Will the re-authorized regulation help to ensure that all students' legal rights are respected? The re-authorized regulation addresses public school employees work hours not students' legal rights.

5. Will the re-authorized regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The re-authorized regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.

6. Will the re-authorized regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The re-authorized regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be re-authorized will remain in the same entity.

8. Will the re-authorized regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The re-authorized regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.

9. Is there a less burdensome method for addressing the purpose of the regulation? The Delaware Code requires that all of the Administrative Code for education be amended, repealed or re-authorized every five years.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost associated with the re-authorization of this regulation.

1.0 Required Work Hours

Absent an existing collective bargaining agreement to the contrary, district employees who work less than the specified time shall have their annual salary adjusted accordingly. Upon ratification of a new or extension of an existing collective bargaining agreement, the local district shall establish hours and days worked that are consistent with those specified below. Otherwise, effective July 1, 2001 a workday for public school employees shall be defined as follows:

1.1 Teacher - minimum of 7 1/2 hours, inclusive of 1/2 hour for lunch, plus the amount of time required for the discharge of such duties and services as may be reasonably expected and required of a member of the professional staff of a public school. (14 Del.C. §1305 defines the number of teacher workdays per year and 14 Del.C. §1328 defines the duty free period.)

1.2 Aide/Paraprofessional - minimum of 7 1/2 hours inclusive of 1/2 hour for lunch.

1.3 Custodian - minimum of 8 hours inclusive of 1/2 hour for lunch.

1.4 Administrator - minimum of 7 1/2 hours exclusive of lunch plus the amount of time required for the discharge of such duties and services as may be reasonably expected and required of a member of the professional staff of a public school.

1.5 Food Service Manager - minimum of 7 hours exclusive of lunch.

1.6 Secretary - minimum of 7 1/2 hours exclusive of lunch.

3 DE Reg. 1077 (2/1/00)

4 DE Reg. 1254 (2/1/01)

9 DE Reg. 847 (12/01/05)