DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 714

PROPOSED

Education Impact Analysis Pursuant To 14 Del.C. Section 122(D)

714 Professional Employee Work Stoppage or Strike

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education intends to amend 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike for formatting purposes only. This regulation has been reviewed as a result of the 5 year mandatory review cycle.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before January 5, 2010 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amendments are for formatting purposes only.

2. Will the amended regulation help ensure that all students receive an equitable education? The amendments are for formatting purposes only.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amendments are for formatting purposes only.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amendments are for formatting purposes only.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amendments are for formatting purposes only.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amendments are for formatting purposes only.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The amendments are for formatting purposes only.

8. Will the amended 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 amendments are for formatting purposes only. The amendments are for formatting purposes only.

9. Is there a less burdensome method for addressing the purpose of the regulation? The amendments are for formatting purposes only.

10. What is the cost to the State and to the local school boards of compliance with the regulation? The amendments are for formatting purposes only.

714 Professional Employee Work Stoppage or Strike

1.0 Work Stoppage or Strike

1.1 If it is determined that illegal activity such as a work stoppage or strike has taken place, the local Board of Education or charter school shall:

1.1.1 Adopt a resolution informing the exclusive negotiating representative that the employee organization has violated the terms of 14 Del.C. §4016, and such organization as the exclusive representative will be revoked at a time to be determined by the local Board of Education or charter school;

1.1.2 Refrain from making payroll deductions for the dues of any employee organization, which violated the law unless such dues are deducted pursuant to a court order entered for the purpose of securing the payment of a contempt fine;

1.1.3 Deduct salary for unexcused absence in accordance with 14 Del.C. §1320;

1.1.4 Execute items 1.1.2 and 1.1.3 above in the preparation of the next regular payroll;

1.1.5 Require a medical certificate for each employee absent claiming sick leave during the period of the strike.

2.0 School Days Lost

2.1 As a part of any settlement following a strike or work stoppage, the local Board of Education or charter school shall not enter into any direct or implied agreement, which would permit school days lost because of the strike to be rescheduled.

2.2 Similarly, the local Board of Education or charter school shall not agree to extend the school year or to request such an extension from the Secretary of Education.

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

8 DE Reg. 1132 (2/1/05)

13 DE Reg. 756 (12/01/09) (Prop.)