DEPARTMENT OF EDUCATION

Office of the Secretary

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

14 DE Admin. Code 710

FINAL

REGULATORY IMPLEMENTING ORDER

710 Public School Employees Workday

I. Summary of the Evidence and Information Submitted

The Secretary of Education seeks to reauthorize 14 DE Admin. Code 710 Public School Employees Workday as part of the five-year review cycle.

Notice of the proposed regulation was published in the News Journal and the Delaware State News on December 5, 2010, in the form hereto attached as Exhibit “A”. The Department did not receive comments on this reauthorization.

II. Findings of Facts

The Secretary finds that it is appropriate to reauthorize 14 DE Admin. Code 710 Public School Employees Workday as part of the five-year review cycle.

III. Decision to Amend the Regulation

For the foregoing reasons, the Secretary concludes that it is appropriate to reauthorize 14 DE Admin. Code 710 Public School Employees Workday. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 710 Public School Employees Workday attached hereto as Exhibit “B” is hereby reauthorized. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 710 Public School Employees Workday hereby reauthorized 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 710 Public School Employees Workday reauthorized hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 710 Public School Employees Workday 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 20, 2011. 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 20th day of January 2011.

Department of Education

Lillian M. Lowery, Ed.D., Secretary of Education

Approved this 20th day of January 2011

710 Public School Employees Workday

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, a 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 and Paraprofessional, a minimum of 7 1/2 hours inclusive of 1/2 hour for lunch.

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

1.4 Administrator, a 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, a minimum of 7 hours exclusive of lunch.

1.6 Secretary, a 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. 1183 (2/1/06)

14 DE Reg. 807 (02/01/11)