CHAPTER 190 - FREE PUBLIC SCHOOLS - LEAVE OF ABSENCE GRANTED IN CERTAIN CASES

AN ACT TO AMEND CHAPTER 71 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO FREE PUBLIC SCHOOLS, BY PROVIDING FOR GRANTING LEAVE OF ABSENCE TO SUPERINTENDENTS, PRINCIPALS, TEACHERS AND OTHER EMPLOYEES, IN CERTAIN CASES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 71 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding to 2650. Sec. 28. thereof, the following new paragraph: "In the case of a regularly appointed and employed principal, teacher or other employee, as the case may be, who is called to the service of, or voluntarily enters the Armed Forces of the United States of America, or the National Guard of the State of Delaware when in continuous active service, the Board of School Trustees which has a contract with such principal, teacher or other employee is authorized, empowered, and directed to grant to such principal, teacher or other employee, a leave of absence which shall cover the period of said service, not to exceed three years, or until the term of service to which he has been called is terminated, and upon the completion of said leave of absence to reinstate such principal, teacher or other employee in the position which he held at the time that the leave of absence was granted; and the contract with the said principal, teacher or other employee shall continue in force under the same conditions as if the said principal, teacher or other employee had been in the continuous service of the said Board of School Trustees during the period of the leave of absence, provided, such regularly appointed and employed principal, teacher or other employee, as the case may be, shall have received a certificate of satisfactory completion of Service. The persons who may be appointed to replace the said principals, teachers or other employees shall be appointed only for the period covered by said leave of absence."

Section 2. That the said Chapter 71 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by adding to 2667. Sec. 45. thereof the following new paragraph: "In the case of a regularly appointed superintendent, principal, teacher or other employee, as the case may be, who is called to the service of or voluntarily enters the Armed Forces of the United States of America or the National Guard of the State of Delaware when in continuous active service, the Board of Education which has a contract with such superintendent, principal, teacher or other employee is authorized, empowered, and directed to grant to such superintendent, principal, teacher, or other employee a leave of absence which shall cover the period of said service, not to exceed three years, or until the term of service to which he has been called is terminated, and upon the completion of such leave of absence to reinstate such superintendent, principal, teacher or other employee in the position which he held at the time that the leave of absence was granted; and the contract with the said superintendent, principal, teacher, or other employee shall continue in force under the same conditions as if the said superintendent, principal, teacher, or other employee had been in the continuous service of the said Board of Education during the period of the leave of absence, provided, such regularly appointed superintendent, principal, teacher, or other employee as the case may be, shall have received a certificate of satisfactory completion of Service. The persons who may be appointed to replace the said superintendents, principals, teachers, or other employees shall be appointed only for the period covered by said leave of absence."

Section 3. That the said Chapter 71 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by inserting in 2629. Sec. 7 thereof between paragraphs (C) and (D) the following new paragraph: "In the case of regularly employed professional and clerical assistants of the State Board of Education who are called to the service of or voluntarily enter the Armed Forces of the United States of America or the National Guard of the State of Delaware when in continuous active service, the State Board of Education which has employed such professional and clerical assistants is authorized, empowered and directed to grant to such professional and clerical assistants a leave of absence which shall cover the period of said service, not to exceed three years, or until the term of service to which he has been called is terminated, and upon the completion of said leave of absence to reinstate such professional and clerical assistants in the positions which they held at the time that the leave of absence was granted, provided, such regularly employed professional or clerical assistants shall have received a certificate of satisfactory completion of Service. The persons who may be appointed to replace the said professional and clerical assistants shall be appointed only for the period covered by said leave of absence."

Approved May 15, 1941.