DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

REGULATORY IMPLEMENTING ORDER

742 Compensation of School District and Charter School Personnel Under Federal Projects

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 14 Delaware Code, Section 122(a), the Secretary of Education intends to amend 14 DE Admin. Code 742 Compensation of School District and Charter School Personnel Under Federal Projects. The Department has reviewed the regulation in order to comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years and found that federal and Delaware code citations needed to be updated

Notice of the proposed regulation was published in the News Journal and Delaware State News on November 1, 2019, 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 742 Compensation of School District and Charter School Personnel Under Federal Projects in order to comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years and found that federal and Delaware code citations needed to be updated.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 742 Compensation of School District and Charter School Personnel Under Federal Projects. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 742 Compensation of School District and Charter School Personnel Under Federal Projects attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 742 Compensation of School District and Charter School Personnel Under Federal Projects 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 742 Compensation of School District and Charter School Personnel Under Federal Projects amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 742 Compensation of School District and Charter School Personnel Under Federal Projects 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 December 16, 2019. 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 16th day of December 2019.

Department of Education

Susan S. Bunting, Ed.D., Secretary of Education

Approved this 16th day of December 2019

742 Compensation of School District and Charter School Personnel Under Federal Projects

1.1 A school district or charter school may use federal funds, if allowable per grant guidance or regulation to:

1.1.1 Employ additional administrative, supervisory and teaching personnel, or other necessary personnel beyond those allocated in Delaware Code, Title 14 Title 14 of the Delaware Code, in order to implement a federally supported project.

1.1.2 Extend the employment of a ten or eleven month employee through the eleventh and twelfth month for purposes of conducting a federally supported program. Part time assignments shall be paid a pro rata share.

1.1.3 Employ teachers of the school district or charter school during the school year for additional hours each week to support such federally supported programs.

1.1.4 Employ full time instructional personnel who are qualified for administrative or supervisory positions to carry on administrative or supervisory activities of a federally supported program beyond the regular school day or school week.

1.1.5 Pay a salary equal to the combined state and local salary of other persons in similar assignments at the same rank.

1.1.6 Pay an hourly rate for a part time assignment as an amount pro-rated against the annual salary for the same rank and assignment and in accordance with the qualifications of the individual so assigned and in accordance with previous sections of this statement.

2.1 Supplant funds for a local or state position by substituting federal funds for payment of that position.

2.2 Pay a salary to cover paid vacation days during intended federal employment when that federal employment is an extension of a ten or eleven month school year as assigned and paid by the state.

3.1 Describe any new or additional position, align it with a recognized rank as described in Delaware Code Title 14 Title 14 of the Delaware Code or in the case of a nonpublic school institution describe the position in terms of a rank already existing in the institution and assigned to comparable work.

3.2 Include in the benefits of the employee all of those benefits that accrue to an employee of the state or the local school district or charter school except that the benefit of the provisions of 14 Del.C. Ch. 14 shall not apply to any person whose salary is paid from federal funds in whole or in part.

3.3 Seek and obtain approval of the project through the Department of Education prior to the assignment of personnel for the assumption of duties and payment of wages or salary.

All local school districts and charter schools shall be required to follow the U.S. Office of Management and Budget's OMB Circular A-87, specifically attachment B, Section 11 2 CFR Parts 220 and 225, or any subsequent change thereto.