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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2017

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14 DE Admin. Code 733
The Secretary of Education intends to amend 14 DE Admin. Code 733 Payment of Substitutes for Teachers. This regulation is being amended as part of the 2016 Regulation Review as required by 29 Del.C. §10407. During this review, public comment was received for this regulation. The Department was requested to include language that prohibits school districts from requiring teachers to pay for substitutes out of their own money. The Department considered the comment but did not make specific amendments to this effect. The Department did make minor changes for clarification purposes. Additionally, the regulation was reviewed pursuant to the required five-year review cycle.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on January 1, 2017 in the form hereto attached as Exhibit "A". Comments were received from the Delaware State Education Association (DSEA) as to why the section regarding kindergarten teachers on abbreviated days was removed. Since the time of the original regulation, full day kindergarten has been adopted throughout the state, thus this clause was considered to be non-applicable. A second comment by DSEA asked if any schools currently require teachers to pay for substitutes out of their own money. The Department is not aware of any such requirement, and also notes that this is not permitted per the regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 733 Payment of Substitutes for Teachers in order to make minor changes beyond the comments received and for clarification purposes.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 733 Payment of Substitutes for Teachers. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 733 Payment of Substitutes for Teachers attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 733 Payment of Substitutes for Teachers 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.
The text of 14 DE Admin. Code 733 Payment of Substitutes for Teachers amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 733 Payment of Substitutes for Teachers in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on February 16, 2017. 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 February 2017.
Approved this 16th day of February 2017
1.1 State substitute teacher funds may be used to pay substitutes for State funded teachers when the state State funded teachers are unavailable for duty under the provisions of 14 Del.C. §1318, 29 Del.C. §5524 and 29 Del.C. §5933 (for sick leave calculations for teachers qualifying for workers’ compensation).
1.2 Substitutes for state State funded teachers may also be paid from State substitute teacher funds for:
1.2.32 Teachers participating in Department of Education initiated committee work led professional learning and project assignments.
1.3 Substitutes for State funded teachers who are absent without pay may be charged to the Division I teacher salary line State funds.
1.7 Substitutes shall be paid from State substitute teacher funds the amounts authorized for the various classes of substitutes as provided for in 14 Del.C. §1326. School districts paying more for teacher substitutes than prescribed in 14 Del.C. §1326 shall do so from local or federal funds. Federal funds may be used only if the federal program permits that use.
Last Updated: December 31 1969 19:00:00.
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