DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

REGULATORY IMPLEMENTING ORDER

714 Professional Employee Work Stoppage or Strike

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Under authority granted in 14 Del.C. §122, the Secretary of Education intends to repeal 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike in the form attached hereto as Exhibit “A”. The Department of Education reviewed this regulation as part of its ongoing regulatory review as required by 29 Del.C. §10407. The Department is repealing this regulation because the duties of local Boards of Education and charter school boards regarding professional employee work stoppages or strikes are specified in Delaware Code, e.g., 14 Del.C. Ch. 40, and therefore the regulation is superfluous.

Notice of the proposed regulation was published in the News Journal and the Delaware State News on September 1, 2019, in the form hereto attached as Exhibit “A”. No comments were received for this regulation.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to repeal 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike as the duties of local Boards of Education and charter school boards regarding professional employee work stoppages or strikes are specified in Delaware Code, e.g., 14 Del.C. Ch. 40, and therefore the regulation is superfluous.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to repeal 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike attached hereto as Exhibit “B” is hereby repealed.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike repealed hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 714 Professional Employee Work Stoppage or Strike 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 October 15, 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 15th day of October 2019.

Department of Education

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

Approved this 15th day of October 2019

714 Professional Employee 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.

2.1 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.