DEPARTMENT OF EDUCATION

Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 714

FINAL

REGULATORY IMPLEMENTATION ORDER

714 Professional Employee Work Stoppage or Strike

I. Summary of the Evidence and Information Submitted

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike. by adding charter schools to the regulation. In addition the words “of Education” have been added to the references to a local board and the reference to the Delaware Code has been corrected

Notice of the proposed regulation was published in the News Journal and the Delaware State News on November 24, 2005, in the form hereto attached as Exhibit “A”. No comments were received.

II. Findings of Facts

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 714 in order to add charter schools to the regulation and the words “of Education” to the references to a local board.

III. Decision to Amend the Regulation

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 714 attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 714 hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.

IV. Text and Citation

The text of 14 DE Admin. Code 714 amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 714 in the Administrative Code of Regulations for the Department of Education.

V. Effective Date of Order

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on January 10, 2005. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED the 10th day of January 2005.

DEPARTMENT OF EDUCATION

Valarie A. Woodruff, Secretary of Education

714 Professional Employee Work Stoppage or Strike

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

1.1 Adopt a resolution informing the exclusive negotiating representative that the employee organization has violated the terms of 14 Del.C. §4011 Del.C. §4016, and that the certification of such organization as the exclusive representative will be revoked at a time to be determined by the board of education local Board of Education or charter school;

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;

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

1.4 Execute items 1.2 and 1.3 above in the preparation of the next regular payroll;

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

2.0 As a part of any settlement following a strike or work stoppage, the local board 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. Similarly, the local board 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.

8 DE Reg 1132 (2/1/05)