As used in this chapter:

(1) “District” means a reorganized school district, or the school district of the City of Wilmington.

(2) “Preparation,” “no degree,” “bachelor’s degree,” “bachelor’s degree plus 30 graduate credits,” “master’s degree,” “master’s degree plus 30 graduate credits,” “doctor’s degree,” “doctor’s degree or equivalent,” “supervisor,” “administrative assistant,” “director,” “assistant superintendent,” “chief school officer,” “principal,” and any other classification shall have meaning as defined by the certifying board unless provided otherwise in this chapter.

(3) In interpreting the salary, the salary schedule set forth in § 1305(a) of this title, in the case of trades and industry teachers, “bachelor’s degree” means 2 years of college or technical training, plus 6 years of trade experience; “bachelor’s degree plus 15 graduate credits” means 21/2 years of college or technical training, plus 6 years of trade experience; “bachelor’s degree plus 30 graduate credits” means 3 years of college or technical training, plus 6 years of trade experience; “master’s degree” means a bachelor’s degree, plus 6 years of trade experience or a bachelor’s degree, plus 30 graduate credits, plus 4 years of trade experience; “master’s degree plus 15 graduate credits,” “master’s degree plus 30 graduate credits,” “master’s degree plus 45 graduate credits” and “doctor’s degree” shall have meaning as defined in paragraph (2) of this section.

46 Del. Laws, c. 48, §  1;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1301;  50 Del. Laws, c. 602, §  1;  52 Del. Laws, c. 344;  54 Del. Laws, c. 43, §  1;  56 Del. Laws, c. 143, §  4;  57 Del. Laws, c. 113;  61 Del. Laws, c. 409, §  121;  61 Del. Laws, c. 519, §  42;  72 Del. Laws, c. 294, §  35; 

This chapter applies to every school district, the Department of Education and all employees who teach in state institutions pursuant to unit allocations as set forth in § 1703 of this title.

14 Del. C. 1953, §  1302;  50 Del. Laws, c. 224, §  1;  50 Del. Laws, c. 602, §  1;  52 Del. Laws, c. 344, §  2;  54 Del. Laws, c. 43, §  2;  57 Del. Laws, c. 113;  71 Del. Laws, c. 180, §  63; 

The salary schedules and classifications set forth in this chapter shall be permanent state-supported uniform salary schedules and classifications which shall govern, subject to § 1304 of this title and Chapter 17 of this title, the amounts of the salaries that shall be paid by each district and the Department of Education to the employees covered by the schedules.

46 Del. Laws, c. 148, §§  1-3;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1303;  50 Del. Laws, c. 602, §  1;  56 Del. Laws, c. 292, §  7;  71 Del. Laws, c. 180, §  63A; 

Nothing contained in this chapter shall prevent any local board from paying an additional amount of salary to any employee when such additional amount is derived from local funds or from Division III appropriations.

46 Del. Laws, c. 48, §  10;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1304;  50 Del. Laws, c. 602;  56 Del. Laws, c. 292, §  8; 

(a) The annual salaries of employees paid under this section and who are employed on a 10-month contract, shall be based on the following indexed schedule:

In addition to the indices specified in the schedule contained in this subsection, the following shall apply to certain individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 1994:

(1) An employee with no degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.227 for the fiscal year ending June 30, 1995, at an index of 1.264 for the fiscal year ending June 30, 1996, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(2) An employee with no degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(3) An employee with no degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, at an index rate of 1.2926 for the fiscal year ending June 30, 2005, and at an index rate of 1.3219 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(4) An employee with a Bachelor’s Degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 1996, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index of 1.3277 for the fiscal year ending June 30, 2005, and at an index of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(5) An employee with a Bachelor’s Degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index rate of 1.3277 for the fiscal year ending June 30, 2005, and at an index rate of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(6) An employee with a Bachelor’s Degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, at an index rate of 1.3277 for the fiscal year ending June 30, 2005, and at an index rate of 1.3574 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(7) An employee with a Bachelor’s Degree plus 15 credits who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, at an index rate of 1.3989 for the fiscal year ending June 30, 2005, and at an index rate of 1.4263 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(8) An employee with a Bachelor’s Degree plus 15 credits who was paid in accordance with the 11-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, at an index of 1.3989 for the fiscal year ending June 30, 2005, and at an index rate of 1.4263 for the fiscal year ending June 30, 2006, and for subsequent fiscal years.

(b) The base salary amount for this section, from the first day of the first full pay cycle of the fiscal year, through the last day of the pay cycle that contains the last day of the fiscal year, shall be $31,692. The Bachelor’s Degree, 0-year experience point on the index is defined as the base and has an index value of 1.000. This amount is intended to be the equivalent of 70 percent of a recommended average total competitive starting salary. All other salary amounts shall be determined by multiplying the base salary amount by the index value that corresponds with the appropriate training and experience cell, and then rounding to the nearest whole dollar.

(c) The index values assigned in subsection (a) of this section are intended to be constant. Future modification to this index should be linked to specifically stated policy goals.

(d) All persons who are employed for more than 10 months per year and are paid in accordance with subsections (a) and (b) of this section shall receive one tenth of the amount computed in subsection (b) of this section in salary for each additional month of employment each year.

(e) Beginning in Fiscal Year 2011 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 188 full work days to be utilized as follows:

(1) 180 days or equivalent hours devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing; and

(3) 6 days devoted solely to professional development.

(f) Beginning in fiscal year 2001, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 187 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 5 days devoted solely to professional development.

(g) Beginning in fiscal year 2002 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 188 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 6 days devoted solely to professional development.

(h) The Department of Education with the approval of the State Board of Education may reduce the number of hours devoted to actual school sessions for pupils and/or educators for just cause or upon showing unusual circumstances.

(i) A full workday shall be defined by the Department of Education with the approval of the State Board of Education.

(j) Beginning in fiscal year 2001, local school districts shall provide a local salary supplement for each full workday in excess of 185 workdays. This supplement must be equal to or greater than the per diem local salary supplement in effect during fiscal year 2000 for each grade and step. To the extent that a local school district is unable to provide a local salary supplement, it may make application under subsection (h) of this section.

(k) In addition to the base salary derived from subsections (a) and (b) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for gaining skills and knowledge that lead to more effective instruction. The Professional Standards Board, with approval of the State Board of Education, shall designate through regulation the specific professional development activities and specific areas of skills and knowledge that an employee can undertake and/or obtain in order to receive a skills and knowledge salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary or be paid as a single payment. The supplement must be no less than 2% of the base salary derived from subsections (a) and (b) of this section and no more than 6% of this base salary, except as provided for in subsection (m) of this section. The Professional Standards Board, with approval of the State Board of Education, shall designate the specific percentage for each specific skills and knowledge supplement through regulations promulgated to implement the provisions of this section. The percentage must be uniform across the State. Also, the Professional Standards Board shall, with approval of the State Board of Education, designate which of the supplements, if any, shall be permanent and which of the supplements, if any, shall require renewal or requalification on a periodic basis. The provisions of this subsection shall become effective in fiscal year 2001. The supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(l) In addition to the base salary derived from subsections (a) and (b) of this section, an employee who has achieved certification from the National Board for Professional Teaching Standards or from an equivalent program approved by the State Board shall receive a salary supplement equal to 12% of the base salary so derived. An employee shall receive a salary supplement equal to 6% of base salary so derived for receiving any of the following national certifications:

(1) Certificate of clinical competence from the American Speech-Language-Hearing Association (ASHA) —speech pathologists and audiologists.

(2) Nationally-certified school counselor from the National Board for Certified Counselors (NBCC).

(3) Music therapist—Board-certified from the Certification Board for Music Therapists (CBMT).

(4) Nationally-certified school psychologist from the National Association of School Psychologists (NASP).

(5) Nationally-certified school nurse from the National Board for Certification of School Nurses (NBCSN).

(6) Occupational therapist advanced certification from the American Occupational Therapy Association or the Occupational Therapist Registered from the National Board for Certification in Occupational Therapy.

(7) School-based physical therapists who have passed the National Physical Therapy Exam (NPTE) as administered by the Federation of State Boards of Physical Therapy (FSBPT).

The Professional Standards Board, with the approval of the State Board of Education, may authorize stipends pursuant to this subsection in fiscal year 2000. The supplement shall be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary. Funding for National Board certification described in this subsection is subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(m) An employee paid in accordance with this section may earn multiple salary supplements pursuant to subsections (l) and (m) of this section. The supplements must be computed as a percentage of the base salary derived from subsections (a) and (b) of this section; the percentages may not to be computed on a salary that includes a previously earned supplement amount.

(n) In addition to the base salary derived from subsections (a) and (b) of this section and any supplements provided pursuant to subsections (l) and (m) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for accepting additional responsibility assignments that impact student achievement. The Professional Standards Board has the authority to review and make recommendations regarding additional responsibility supplements for administrators. The Professional Standards Board, with the approval of the State Board of Education, shall designate through regulation the specific assignments that an employee may accept in order to receive a state-funded salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary or be paid as a single payment. The supplement must be no less than $750 and no more than $1,500. In addition to the state-specified assignments designated by the Professional Standards Board and State Board pursuant to Chapter 12 of this title, a local school district, with the approval of the Standards Board and the State Board, and through regulatory action of the local board, may designate specific academic assignments that an employee may accept in order to receive a state-funded salary supplement. An assignment designated pursuant to this subsection must be academic in nature and may not include extracurricular activities or noninstructional supervisory responsibilities. The provisions of this subsection become effective in fiscal year 2001, except that the Professional Standards Board, subject to state board approval, may, pursuant to § 1203 of this title, authorize stipends for educator lead mentors in fiscal year 2000. The state-funded salary supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(o) To ensure that the professional development activities designated for remuneration in subsections (l), (m) and (o) of this section are of high quality and will lead to improvements in teacher effectiveness and improvements in student achievement, the Professional Standards Board, with the approval of the State Board of Education, shall identify activities that will permit an educator to be eligible for both skills and knowledge supplements and additional responsibility supplements. Salary supplements defined in this act must not exceed 15% of the State share for an employee covered by the provisions of this act. The Standards Board shall annually review these supplements and promulgate and adopt recommendations pursuant to § 1203 of this title as necessary.

(p) Beginning with fiscal year 2005, movement into the Bachelors Plus 15 and Bachelors Plus 30 columns on the salary schedule contained in subsection (a) of this section shall be approved only if the credits earned are matriculated graduate credits earned toward a Master’s Degree. Beginning with fiscal year 2004, movement into the Masters Plus 15, Masters Plus 30 and Masters Plus 45 columns on the salary schedule contained in subsection (a) of this section shall be approved if:

(1) The credits earned through a graduate-level course of study are clearly related to the individual’s professional responsibilities and otherwise approved pursuant to Chapter 12 of this title;

(2) The credits are towards a second Master’s Degree; or

(3) If the credits earned are matriculated graduate credits earned towards a Doctorate Degree.

No employee shall be moved leftward on the salary schedule contained in subsection (a) of this section due to the provisions contained in this subsection. Furthermore, any employee entitled to rightward movement on the salary scale on the basis of in-service or undergraduate credits approved prior to the beginning of Fiscal Year 2005 shall continue to be entitled to such movement in the event of any future application for placement submitted after the beginning of Fiscal Year 2005.

(q) For purposes of the state educator mentoring program, a retired educator engaged in mentoring activities shall be entitled to the same stipends as otherwise provided for nonretired educator mentors. Such retired educators shall be considered a casual employee under § 5502(a)(3) of Title 29 for purposes of pensions.

(r) A school-based speech-language pathologist who has achieved and holds a current certificate of clinical competence in speech-language pathology issued by the American Speech-Language and Hearing Association and who holds a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, shall receive a base salary level of Masters Plus 30 credits. A school-based speech-language pathologist who has completed additional course work separate from the speech-language pathologist’s master’s degree may apply for rightward movement on the indexed schedule under subsection (a) of this section. A school-based speech-language pathologist who, as of September 28, 2018, has a master’s degree, a current state license to practice, and has worked full-time as a speech-language pathologist for 20 or more years but who does not have a certificate of clinical competence, shall receive a base salary level of Masters Degree Plus 30 Grad. Credits and may apply for rightward movement on the indexed schedule under subsection (a) of this section.

(s) A school-based audiologist who holds a current certificate of clinical competence in audiology issued by the American Speech-Language and Hearing Association, a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, but who does not hold a doctorate of audiology shall receive the higher of either a base salary level of Masters Plus 30 credits or the audiologist’s current pay grade. A school-based audiologist who holds a current certificate of clinical competence in audiology issued by the American Speech-Language and Hearing Association, a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers, and who holds a doctorate of audiology shall receive a base salary level of doctor’s degree. A school-based audiologist who has completed additional course work separate from the audiologist’s master’s degree may apply for rightward movement on the indexed scale under subsection (a) of this section. A school-based audiologist who, as of September 28, 2018, has a master’s degree, a current state license to practice, and has worked full-time as an audiologist for 20 or more years but who does not have a certificate of clinical competence, shall receive a base salary level of Masters Degree Plus 30 Grad. Credits and may apply for rightward movement on the indexed scale under subsection (a) of this section.

(t) A school-based physical therapist who has achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy and who holds a current state license to practice from the Delaware Examining Board of Physical Therapists and Athletic Trainers and holds a master’s degree in physical therapy but does not hold a doctorate of physical therapy shall receive the higher of either a base salary level of Masters Plus 30 credits or the physical therapist’s current pay grade. A school-based physical therapist who has achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy and who holds a current state license to practice from the Delaware Examining Board of Physical Therapists and Athletic Trainers, and who holds a doctorate of physical therapy shall receive a base salary level of doctor’s degree. A school-based physical therapist who has completed additional course work separate from the physical therapy master’s degree may apply for rightward movement on the indexed scale under subsection (a) of this section.

46 Del. Laws, c. 48, §  1;  47 Del. Laws, c. 195, §  1;  48 Del. Laws, Sp. Sess., c. 489,, §  1;  14 Del. C. 1953, §  1305;  50 Del. Laws, c. 261, §  1;  50 Del. Laws, c. 602, §  1;  51 Del. Laws, c. 57, §  3;  52 Del. Laws, c. 344, §  3;  53 Del. Laws, c. 123;  54 Del. Laws, c. 43, §  3;  55 Del. Laws, c. 409, §  1;  56 Del. Laws, c. 143, §  1;  56 Del. Laws, c. 470, §  1;  57 Del. Laws, c. 333, §  1;  59 Del. Laws, c. 34;  60 Del. Laws, c. 31, §  1;  61 Del. Laws, c. 407, §  2;  61 Del. Laws, c. 409, §  105(a);  62 Del. Laws, c. 68, §§  42(e), 106;  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §  11(f);  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(ii);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(1);  65 Del. Laws, c. 87, §  11(k)(1);  65 Del. Laws, c. 230, §  3;  65 Del. Laws, c. 348, §  12(r)(1);  66 Del. Laws, c. 85, §  12(p)(1);  66 Del. Laws, c. 303, §  12(m)(1);  67 Del. Laws, c. 47, §  12(o)(1);  67 Del. Laws, c. 281, §  8(o)(1);  68 Del. Laws, c. 290, §  8(m)(1);  69 Del. Laws, c. 64, §  8(m)(1);  69 Del. Laws, c. 291, §  8(i)(1), (2);  70 Del. Laws, c. 118, §  8(i)(1);  70 Del. Laws, c. 425, §  8(i)(1);  71 Del. Laws, c. 132, §  8(m)(1);  71 Del. Laws, c. 180, §  64;  71 Del. Laws, c. 354, §  8(n)(1);  72 Del. Laws, c. 94, §  8(n)(1), (2);  72 Del. Laws, c. 294, §§  27, 28, 30;  72 Del. Laws, c. 395, §  8(n)(1);  73 Del. Laws, c. 74, §§  8(n)(1), 344, 345;  73 Del. Laws, c. 312, §§  8(m)(1), 257;  73 Del. Laws, c. 317, §§  1-3;  74 Del. Laws, c. 68, §§  265, 266, 268;  74 Del. Laws, c. 307, §  8(m)(1), (2), 304, 308(a);  75 Del. Laws, c. 89, §  8(m)(1), (2), 337, 340, 341;  75 Del. Laws, c. 208, §  1;  75 Del. Laws, c. 350, §  8(m)(1);  76 Del. Laws, c. 80, §  8(m)(1);  77 Del. Laws, c. 84, §  8(m)(1);  77 Del. Laws, c. 86, §  26;  77 Del. Laws, c. 327, §§  8(m)(1), 318(a)-(c);  78 Del. Laws, c. 78, §  8(m)(1), (6), (12), (13);  78 Del. Laws, c. 290, §  8(m)(5)(i), (ii);  79 Del. Laws, c. 78, §  8(m)(5)(i), (ii);  79 Del. Laws, c. 290, §  8(m)(5)(i), (ii), (6)(i), (ii);  80 Del. Laws, c. 79, §  8(m)(5)(i), (ii), (7);  80 Del. Laws, c. 298, § 8(m)(5)(i);  81 Del. Laws, c. 58, §  8(m)(5)(i);  81 Del. Laws, c. 280, § 8(m)(6)(i), (ii);  81 Del. Laws, c. 444, § 1;  82 Del. Laws, c. 64, § 8(m)(6)(i);  82 Del. Laws, c. 85, § 41;  83 Del. Laws, c. 54, § 8(m)(6)(i);  83 Del. Laws, c. 325, § 8(m)(6)(i), (ii);  83 Del. Laws, c. 462, § 1;  83 Del. Laws, c. 510, § 1;  84 Del. Laws, c. 81, § 8(m)(6)(i);  84 Del. Laws, c. 136, § 1; 

(a) A superintendent who is the chief school officer of a district and who holds a certificate appropriate for the position shall receive as a salary the amount for which that superintendent qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule, or by multiplying the appropriate index value specified in the second schedule by the annual salary provided under § 1305(a), (b) and (d) of this title, whichever is greater:

(b) Each reorganized school district may employ 1 superintendent to be paid from state funds in accordance with subsection (a) of this section. Such superintendent shall not be charged against the allotment of any personnel provided by this chapter or Chapter 17 of this title.

(c) In the event any school district is appropriated state funds for salaries of a number of administrative or supervisory personnel in excess of that specifically required by this section and § 1307 of this title, the number of administrative assistants provided under subsection (b) of this section for such district shall be reduced by a like number, but not less than 2.

46 Del. Laws, c. 48, §  1;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1306;  49 Del. Laws, c. 339, §  1;  50 Del. Laws, c. 602, §  1;  52 Del. Laws, c. 344, §  4;  55 Del. Laws, c. 427, §§  1, 2;  56 Del. Laws, c. 131, §  1;  56 Del. Laws, c. 292, §  9;  57 Del. Laws, c. 333, §  2;  58 Del. Laws, c. 192, §  1;  58 Del. Laws, c. 304, §  1;  59 Del. Laws, c. 34;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §§  11(f), 131(a);  62 Del. Laws, c. 423, §  48(a);  63 Del. Laws, c. 80, §§  11(f), 112;  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(iii);  64 Del. Laws, c. 220, §  6(b);  64 Del. Laws, c. 334, §  11(j)(2);  65 Del. Laws, c. 348, §  12(r)(2);  66 Del. Laws, c. 85, §  12(p)(2);  66 Del. Laws, c. 303, §  12(m)(2);  70 Del. Laws, c. 186, §  1; 

A principal who is subordinate to a chief school officer in a district shall receive as a salary the amount for which that principal qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule or by multiplying the appropriate index value specified in the 2nd schedule by the amount provided under § 1305(a), (b) and (d) of this title, whichever is greater.

(1) Full-time principals:

(2) During the fiscal year beginning July 1, 1988, and annually thereafter, a reorganized school district may employ 1 full-time principal for each administrative unit in a school building or combination of school buildings having 15 or more Division I state units of pupils who shall be paid from state funds for 12 months in accordance with this section, and in accordance with the rules and regulations of the Department with the approval of the State Board of Education. Division I state units in excess of 15 in 1 school building qualifying for a full-time principal shall not be counted toward entitlement for a principal for a combination of buildings.

(3) During the fiscal year beginning July 1, 2000, and annually thereafter, a school district may employ 1 full-time assistant principal in a school which enrolls 30 or more Division I units of pupils or 65% of a unit for schools which enrolls 25 but less than 30 Division I units of pupils; and the school district may employ a second assistant principal when the enrollment reaches 55 Division I units or 65% of a unit when enrollment reaches 50 units but less than 55 units; subsequent assistant principals may be employed on the basis of 1 assistant principal for each 20 Division I units of pupils beyond the first 55 for which the principal and the first 2 assistant principals are authorized. Any fractional units provided herein must be assigned to the school which generated the fractional unit. This section and § 1321(e)(4) of this title notwithstanding, 1/2 the total number of assistant principals in a reorganized school district may be classified as supervisors. Assistant principals shall not be charged against the allotment of classroom teachers or other personnel provided by these units. All assistant principals shall be paid from state funds for 12 months per year the amount for which they are eligible under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the appropriate index value specified in the second schedule, whichever is greater.

46 Del. Laws, c. 48, §  1;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1307;  50 Del. Laws, c. 602, §  1;  52 Del. Laws, c. 344, §  5;  54 Del. Laws, c. 68, §§  1, 2;  56 Del. Laws, c. 292, §  10;  57 Del. Laws, c. 64;  57 Del. Laws, c. 333, §§  3, 4;  57 Del. Laws, c. 576;  58 Del. Laws, c. 192, §  1;  58 Del. Laws, c. 304, §  1;  59 Del. Laws, c. 34;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11(f), 131(b), (c);  62 Del. Laws, c. 423, §  48(b), (c);  63 Del. Laws, c. 80, §§  11(f), 112;  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(iv), (v);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(3), (4);  65 Del. Laws, c. 348, §  12(r)(3);  66 Del. Laws, c. 85, §  12(p)(3);  66 Del. Laws, c. 303, §  12(m)(3);  67 Del. Laws, c. 47, §  12(o)(2), (3);  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  65;  72 Del. Laws, c. 395, §  387;  74 Del. Laws, c. 307, §  322;  75 Del. Laws, c. 89, §  358;  75 Del. Laws, c. 350, §  368; 

(a) Each administrative secretary, financial secretary, senior secretary, secretary and clerk who works and is paid for 12 months per year shall be paid in accordance with the following schedule:

(b) For purposes of implementing the salary schedule contained in subsection (a) of this section, the 18-year step on the salary schedule is effective for administrative secretaries on July 1, 1989; the 19-year step will be effective for the fiscal year beginning July 1, 1990; and the 20-year step will be effective for the fiscal year beginning July 1, 1991. The 17-year step is effective for clerks, secretaries, senior secretaries, and financial secretaries on July 1, 1989; the 18-year step will be effective for the fiscal year beginning July 1, 1990; the 19-year step will be effective for the fiscal year beginning July 1, 1991; and the 20-year step will be effective for the fiscal year beginning July 1, 1992.

(c) One twelfth of the salary rate set forth under subsection (a) of this section shall be deducted for each month that the employee is not employed.

(d) These same classifications and pay rates shall apply to the Department of Education, except that the Department shall be authorized to revise the schedule annually to enable the Department to pay salary supplements up to the equivalent of the average of the 3 highest salaries for like positions paid by school districts.

(e) During the fiscal year beginning July 1, 1972, a reorganized school district may employ personnel to be paid pursuant to this section in a number equal to 1 of each full 10 state units of pupils for the first 100 such full state units of pupils and 1 additional for each additional full 12 state units of pupils.

(f) The total number of secretarial employees to which a reorganized school district is entitled shall be as specified in subsection (e) of this section, but the number that may be assigned to each classification beginning July 1, 1989, shall be according to the following and in the order specified:

(1) Up to 8 percent of the total secretarial allocation in each district or a minimum of 2 positions per district, whichever is larger, may be assigned as “administrative secretary.”

(2) Up to 40 percent of the total secretarial allocation in each district or a minimum of 3 per district plus 1 for each school enrolling 15 or more units of pupils, whichever is greater, may be classified as “senior secretary” or “financial secretary.”

(3) Twelve percent of the total secretarial allocation in each district shall be classified as “clerk.”

(4) The balance of the total clerical allocation in each district shall be classified as “secretary.”

46 Del. Laws, c. 48, §  2;  47 Del. Laws, c. 195, §  1;  48 Del. Laws, Sp. Sess., c. 489,, §  2;  14 Del. C. 1953, §  1308;  56 Del. Laws, c. 143, §  2;  56 Del. Laws, c. 292, §  11;  56 Del. Laws, c. 470, §  2;  57 Del. Laws, c. 333, §§  5, 6;  58 Del. Laws, c. 189, §  2;  58 Del. Laws, c. 305, §§  2, 6, 7;  59 Del. Laws, c. 34;  60 Del. Laws, c. 31, §  1;  61 Del. Laws, c. 407, §§  8, 15;  61 Del. Laws, c. 409, §  102(a);  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §  11(f);  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(vi);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(5);  65 Del. Laws, c. 87, §  11(k)(2);  65 Del. Laws, c. 348, §  12(r)(4);  66 Del. Laws, c. 85, §  12(p)(4);  66 Del. Laws, c. 303, §  12(m)(4), (5);  67 Del. Laws, c. 47, §§  12(o)(4)-(7);  67 Del. Laws, c. 281, §  8(o)(2);  68 Del. Laws, c. 84, §  8(m)(1);  68 Del. Laws, c. 290, §  8(m)(2);  69 Del. Laws, c. 64, §  8(m)(2);  69 Del. Laws, c. 291, §  8(i)(3);  70 Del. Laws, c. 118, §  8(i)(2);  70 Del. Laws, c. 425, §  8(i)(2);  71 Del. Laws, c. 132, §  8(m)(2);  71 Del. Laws, c. 180, §  66;  71 Del. Laws, c. 354, §  8(n)(2);  72 Del. Laws, c. 94, §  8(n)(3);  72 Del. Laws, c. 395, §  8(n)(2);  73 Del. Laws, c. 74, §  8(n)(2);  73 Del. Laws, c. 312, §  8(m)(2);  74 Del. Laws, c. 307, §  8(m)(3);  75 Del. Laws, c. 89, §  8(m)(3);  75 Del. Laws, c. 350, §  8(m)(2);  76 Del. Laws, c. 80, §  8(m)(2);  77 Del. Laws, c. 84, §  8(m)(2);  77 Del. Laws, c. 327, §  8(m)(2);  78 Del. Laws, c. 78, §  8(m)(7), (14);  78 Del. Laws, c. 290, §  8(m)(5)(iii);  79 Del. Laws, c. 78, §  8(m)(5)(iii);  79 Del. Laws, c. 290, §  8(m)(5)(iii), (6)(iii);  80 Del. Laws, c. 79, §  8(m)(5)(iii);  80 Del. Laws, c. 298, § 8(m)(5)(iii);  81 Del. Laws, c. 58, § 8(m)(5)(iii);  81 Del. Laws, c. 280, § 8(m)(6)(iii);  82 Del. Laws, c. 64, § 8(m)(6)(iii);  83 Del. Laws, c. 54, § 8(m)(6)(iii);  83 Del. Laws, c. 325, § 8(m)(6)(iii);  84 Del. Laws, c. 81, § 8(m)(6)(iii); 

(a) The Department of Education shall establish rules and regulations for the assignment of a secretarial classification to personnel employed pursuant to § 1308 of this title who are not otherwise classified.

(b) An administrative secretary, financial secretary, senior secretary, secretary or clerk shall receive as a salary the amount for which the employee qualifies under § 1308(a) of this title, plus an annual amount for additional training as defined by the Department of Education as follows:

14 Del. C. 1953, §  1309;  57 Del. Laws, c. 333, §  7;  58 Del. Laws, c. 192, §  1;  58 Del. Laws, c. 304, §  1;  59 Del. Laws, c. 34;  60 Del. Laws, c. 31, §  1;  61 Del. Laws, c. 409, §  103;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §  11(f);  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 220, §  6(b);  64 Del. Laws, c. 334, §  11(j)(6);  65 Del. Laws, c. 348, §  12(r)(5);  66 Del. Laws, c. 85, §  12(p)(5);  69 Del. Laws, c. 291, §  8(i)(4);  71 Del. Laws, c. 180, §  67; 

(a) All nurses who hold appropriate certificates shall be paid in accordance with § 1305 of this title effective July 1, 1979.

(b) A reorganized school district may employ personnel to be paid for 10 months per year from state funds pursuant to this section in a number equal to 1 for each 40 state units of pupils, except that in schools for the physically handicapped within the district the allocation shall be in accordance with the rules and regulations adopted by the Department with the approval of the State Board of Education; provided further, that each reorganized school district shall ensure that it has at least 1 school nurse per facility. To the extent that the funding formula outlined above does not provide for 1 school nurse per facility, each reorganized school district shall meet this requirement out of funding provided under § 1707 or § 1716 of the title, or out of discretionary local current operating expense funds. Districts shall qualify for partial funding at the rate of 30% of the fractional part of 40 state units of pupils.

46 Del. Laws, c. 48, §  3;  47 Del. Laws, c. 195, §  1;  48 Del. Laws, Sp. Sess., c. 489,, §  3;  14 Del. C. 1953, §  1310;  50 Del. Laws, c. 261, §  4;  50 Del. Laws, c. 602, §  1;  52 Del. Laws, c. 344, §  8;  54 Del. Laws, c. 43, §  6;  55 Del. Laws, c. 409, §  4;  56 Del. Laws, c. 143, §  3;  56 Del. Laws, c. 292, §  13;  56 Del. Laws, c. 470, §  3;  57 Del. Laws, c. 333, §  8;  58 Del. Laws, c. 189, §  3;  58 Del. Laws, c. 305, §§  3, 8, 9;  58 Del. Laws, c. 553;  59 Del. Laws, c. 34;  60 Del. Laws, c. 31, §  1;  61 Del. Laws, c. 407, §  3;  61 Del. Laws, c. 409, §  106;  62 Del. Laws, c. 36, §  1;  62 Del. Laws, c. 68, §§  42(e), 105;  62 Del. Laws, c. 86, §  39;  70 Del. Laws, c. 118, §  317;  70 Del. Laws, c. 210, §  90;  70 Del. Laws, c. 290, §§  38, 39;  71 Del. Laws, c. 180, §  68;  75 Del. Laws, c. 350, §  382; 

(a) Custodians who have the qualifications required by the certifying board and who work and are paid for 12 months per year shall be paid in accordance with the following schedule:

(b) The salaries stipulated in subsection (a) of this section shall be increased for special training as defined by the certifying board by the addition of the following annual amount:

(c) One twelfth of the salary rate set forth under subsection (a) of this section shall be deducted for each month that the employee is not employed.

46 Del. Laws, c. 48, §  4;  47 Del. Laws, c. 195, §  1;  48 Del. Laws, Sp. Sess., c. 489,, §  4;  14 Del. C. 1953, §  1311;  50 Del. Laws, c. 261, §  5;  50 Del. Laws, c. 602, §  1;  51 Del. Laws, c. 199, §  1;  51 Del. Laws, c. 279, §  1;  52 Del. Laws, c. 344, §  9;  54 Del. Laws, c. 43, §  7;  55 Del. Laws, c. 409, §  5;  56 Del. Laws, c. 143, §  3;  56 Del. Laws, c. 292, §  13;  56 Del. Laws, c. 470, §  4;  57 Del. Laws, c. 333, §§  9, 10;  58 Del. Laws, c. 192, §  1;  58 Del. Laws, c. 304, §  1;  59 Del. Laws, c. 34;  60 Del. Laws, c. 33, §§  1, 2;  61 Del. Laws, c. 407, §  3;  61 Del. Laws, c. 409, §  106;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §  11(f);  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(vii);  64 Del. Laws, c. 220, §  6(a), (b);  64 Del. Laws, c. 334, §  11(j)(7), (8);  65 Del. Laws, c. 87, §  11(k)(3);  65 Del. Laws, c. 348, §  12(r)(6), (7);  66 Del. Laws, c. 85, §  12(p)(6), (7);  66 Del. Laws, c. 303, §  12(m)(6);  67 Del. Laws, c. 47, §  12(o)(8);  67 Del. Laws, c. 281, §  8(o)(3);  68 Del. Laws, c. 84, §  8(m)(2);  68 Del. Laws, c. 290, §  8(m)(3);  69 Del. Laws, c. 64, §  8(m)(3);  69 Del. Laws, c. 291, §  8(i)(5), (6);  70 Del. Laws, c. 118, §  8(i)(3);  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 425, §  8(i)(3);  71 Del. Laws, c. 132, §§  8(m)(3), 377;  71 Del. Laws, c. 180, §  69;  71 Del. Laws, c. 354, §§  8(n)(3), 374, 375;  72 Del. Laws, c. 94, §  8(n)(4);  72 Del. Laws, c. 395, §  8(n)(3);  73 Del. Laws, c. 74, §  8(n)(3);  73 Del. Laws, c. 312, §  8(m)(3);  74 Del. Laws, c. 307, §  8(m)(4);  75 Del. Laws, c. 89, §  8(m)(4);  75 Del. Laws, c. 350, §  8(m)(3);  76 Del. Laws, c. 80, §  8(m)(3);  77 Del. Laws, c. 84, §  8(m)(3);  77 Del. Laws, c. 327, §  8(m)(3);  78 Del. Laws, c. 78, §  8(m)(8), (15);  78 Del. Laws, c. 290, §  8(m)(5)(iv);  79 Del. Laws, c. 78, §  8(m)(5)(iv);  79 Del. Laws, c. 290, §  8(m)(5)(iv), (6)(iv);  80 Del. Laws, c. 298, § 8(m)(5)(iv);  81 Del. Laws, c. 58, § 8(m)(5)(iv);  81 Del. Laws, c. 280, § 8(m)(6)(iv);  82 Del. Laws, c. 64, § 8(m)(6)(iv);  83 Del. Laws, c. 54, § 8(m)(6)(iv);  83 Del. Laws, c. 325, § 8(m)(6)(iv);  84 Del. Laws, c. 81, § 8(m)(6)(iv); 

(a) In the case of a teacher, principal or superintendent, or other administrative employee, the term “years of experience” in determining salary in accordance with § 1305 of this title means years of service in any public school or regularly organized private school. Ninety-one days in any school year shall constitute 1 year of experience, but not more than 1 year of experience may be credited for any 1 calendar year. Years of service in the armed forces shall also be counted as years of experience in accordance with the rules and regulations adopted by the Department of Education in this respect. A graduate of a 5-year preservice program that includes an extensive clinical component in the fifth year, or a graduate of a 4-year preservice program who graduates with a grade point average (GPA) of 3.75 or higher on a 4.0 scale, or the equivalent, must be granted 1 year of experience in addition to any other experience granted in accordance with this section.

(b) In the case of a person employed as a teacher of trades and industries, or as a coordinator of distributive education, work experience shall be allowed on a year for year basis for full-time work experience in the trade of the teaching subject for those years of work experience beyond years counted toward qualification for certification under rules and regulations of the Department of Education. One hundred and thirty-one working days in any school year shall constitute 1 year of work experience but not more than 1 year of experience may be credited for any 1 calendar year.

(c) In the case of a Department of Education employee who is required to meet certification requirements as specified in the Manual for the Certification of Professional Public School Personnel but is employed in the non-instructional areas of transportation, finance/business management, human resources/personnel management, purchasing, community/public relations, administrative services, pupil services, audiology, occupational therapist, physical therapist, psychologist, speech language pathologist, human relations, nurse, social work/services, information technology or a specialized assignment comparable to these areas, work experience shall be allowed on a year for year basis for full-time work experience in a directly related position in public or private business in accordance with rules established by the Department of Education. Nothing in this section shall be construed as changing or modifying the certification requirements relating to these noninstructional positions.

(d) In the case of personnel whose salaries are based wholly or in part upon §§ 1306, 1307, 1308, 1309, 1310, 1311, 1321, 1322, 1324, and 1336 of this title, experience shall be evaluated by the Department of Education, taking into consideration the number of months and the nature of the services rendered.

(e) Beginning with the fiscal year ending June 30, 1998, experience for all public education employees shall be credited according to the provisions of subsections (a) through (d) of this section. No employee shall be entitled to retroactive payment of salary as a result of any changes in experience resulting from the provisions of subsections (a) through (d) of this section.

(f) In the case of a teacher or specialist with at least 4 years of full-time experience as a Title 1 or instructional paraprofessional in a public school who has been issued a permit by the Department of Education or an equivalent agency in another state prior to becoming a teacher or specialist, the teacher or specialist is given 1 year of experience credit on the salary schedule under § 1305 of this title for every 2 years of full-time experience as such a paraprofessional in a public school. This subsection only applies to teachers hired after August 9, 2023.

46 Del. Laws, c. 48, §§  1-4;  47 Del. Laws, c. 195, §  1;  48 Del. Laws, Sp. Sess., c. 489,, §§  2-4;  14 Del. C. 1953, §  1312;  50 Del. Laws, c. 602, §  1;  52 Del. Laws, c. 344, §  10;  53 Del. Laws, c. 177;  58 Del. Laws, c. 262, §§  4-6;  59 Del. Laws, c. 34;  71 Del. Laws, c. 132, §§  353, 355;  71 Del. Laws, c. 180, §  69;  72 Del. Laws, c. 294, §  36;  78 Del. Laws, c. 290, §  8(m)(5)(viii);  82 Del. Laws, c. 242, § 358;  84 Del. Laws, c. 157, § 1; 

A person may not be employed by a public school employer in any position requiring licensure and certification if the person does not meet licensure and certification requirements established under Chapter 12 of this title, except pursuant to a license extension and/or emergency certificate issued pursuant to Chapter 12. A person’s salary may not be reduced because that person is employed under a license extension and/or emergency certificate.

46 Del. Laws, c. 48, §  5;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1313;  50 Del. Laws, c. 261, §  10;  50 Del. Laws, c. 602, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  69;  72 Del. Laws, c. 294, §  38; 

The salary paid from state funds to any person covered by this chapter shall not be reduced by reason of the application of any salary schedule contained in this chapter, except in the case of a change to a lower classification.

46 Del. Laws, c. 48, §  5;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1314;  50 Del. Laws, c. 602, §  1;  51 Del. Laws, c. 57, §  1;  52 Del. Laws, c. 344, §  11;  53 Del. Laws, c. 422;  54 Del. Laws, c. 43, §  8;  55 Del. Laws, c. 409, §  6;  56 Del. Laws, c. 470, §  5;  57 Del. Laws, c. 333, §  11;  59 Del. Laws, c. 34.; 

The Department of Education may make such rules and regulations as it deems appropriate to make the application of the salary schedules contained in this chapter uniform throughout the State.

46 Del. Laws, c. 48, §  9;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1315;  50 Del. Laws, c. 602, §  1;  71 Del. Laws, c. 180, §  69; 

The Department of Education shall determine the number and months of employment in a school year of the personnel employed in each district whose salaries may be paid out of state funds under any salary schedule contained in this chapter, except teachers whose salaries are paid for 10 months per year and except such numbers and months of employment of personnel otherwise specified by law.

46 Del. Laws, c. 48, §  9;  47 Del. Laws, c. 195, §  1;  14 Del. C. 1953, §  1316;  50 Del. Laws, c. 602, §  1;  56 Del. Laws, c. 292, §  14;  71 Del. Laws, c. 180, §  69; 

Ten-month employees in public and higher education shall have the option of being paid bi-weekly payments during the contract or annual period, provided that such employees shall indicate their preference at the time of signing their contract for the ensuing school year and that the method of salary payment so designated shall not be changed during the period of the aforementioned contract.

14 Del. C. 1953, §  1317;  50 Del. Laws, c. 103, §  2;  50 Del. Laws, c. 602, §  1;  54 Del. Laws, c. 177;  71 Del. Laws, c. 354, §  32; 

(a) Teachers and other school employees shall be allowed 10 days of sick leave per year with full pay; those teachers and other school employees employed 11 months a year shall be allowed 11 days of sick leave per year with full pay; and those teachers and other school employees employed 12 months a year shall be allowed 12 days of sick leave per year with full pay. Any unused days of such leave shall be accumulated to the employee’s credit without limit.

(b) (1) In the case of a death in the immediate family of the employee, there shall be no reduction of salary of said employee for an absence not to exceed 5 working days.

(2) For purposes of this section, “immediate family” means any of the following:

a. The employee’s spouse or domestic partner.

b. The employee’s parent, stepparent, or child.

c. The parent, stepparent, or child of the employee’s spouse or domestic partner.

d. The employee’s grandparent or grandchild.

e. The employee’s sibling.

f. The spouse of the employee’s child.

g. A relative who resides in the employee’s household.

h. A minor child for whom the employee has assumed and carried out parental responsibilities.

(3) This absence shall be in addition to other leaves granted the employee.

(c) (1) In the case of a serious illness of a member of the employee’s immediate family that requires the employee’s personal attention, an employee may use accrued sick leave.

(2) An employee who needs sick leave under this subsection shall inform that employee’s own immediate supervisor of the fact and reason in advance, when possible, or otherwise before the expiration of the first hour of absence or as soon thereafter as practicable.

(3) The failure of an employee to comply with paragraph (c)(2) of this section may be cause for denial of pay for the period of absence.

(4) Before approving pay for sick leave, the supervisor may, at that supervisor’s discretion, require either a doctor’s certificate or a written statement signed by the employee setting forth the reason for the absence.

(5) In the case of an absence of more than 5 consecutive days, a doctor’s certificate is required as a condition of approval.

(d) (1) In case of the death of a near relative, there shall be no deduction in the salary of the employee for an absence not to exceed 1 working day.

(2) An absence under paragraph (d)(1) of this section may be used on the day of the funeral or the day before or the day after the funeral.

(3) For purposes of this subsection, “near relative” means any of the following:

a. The employee’s first cousin, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or grandparent-in-law.

b. Any friend living in the employee’s household.

(e) In the case of the observance of recognized religious holidays, an employee may be absent without loss of pay on no more than 3 calendar days per year. The days so lost are to be counted in the sick leave of the employee.

(f) (1) An employee may be absent without loss of pay no more than 5 days per fiscal year for personal reasons of the employee. These absences are included in the employee’s sick leave and employee’s officer. Requests to be absent for personal reasons may be approved by building level administrators, provided that the building level administrator cannot ask the employee the reason for the request. Requests that are being considered for denial shall be forwarded to the chief school officer or the local education agency human resources administrator designated for processing such requests. The chief school officer and the human resources administrator may ask the employee the reason for the request, provided that the employee is not required to provide the reason for the request. A request to be absent for personal reasons may only be denied if school operational requirements cannot be met.

(2) a. An employee may be absent without loss of pay for any of the following reasons:

1. To appear under subpoena to testify, unless the employee is 1 of the parties in the proceeding or the subpoena arises from other employment or activities of the employee.

2. To report to serve on a jury.

b. The time an employee is absent under this paragraph (f)(2) is not an absence for personal reasons under paragraph (f)(1) of this section and does not count toward the days provided under paragraph (f)(1) of this section.

c. An employee shall notify the employee’s chief school officer in advance of the need to be absent under this paragraph (f)(2) and provide a copy of the subpoena or jury duty notification.

(g) An employee retired subsequent to June 1, 1969, after serving in covered employment under Chapter 55 of Title 29, shall, on retirement, be paid for each unused sick leave day, not to exceed 90 days. The total amount paid shall be based upon that portion of the salary computed in accordance with state schedules, regardless of the source of funding, and shall be based upon 50% of the per diem rate of pay in effect at the time of retirement. Effective July 1, 1986, in the event of the death of a teacher or other school employee, payment shall be made to that teacher’s or other school employee’s estate at the rate of 1 day’s pay for each day of unused sick leave not to exceed 90 days. Effective July 1, 1991, for school employees of the Department of Education and school district boards of education the per diem rate shall be 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule for those employed 10 months; for those employed 11 months the per diem rate shall be 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule; and for those employed 12 months, the per diem rate shall be 1/222 of the annual salary based on state salary schedule. The local employing agency shall certify the number of days to which the employee shall be entitled. This section also applies to retired Delaware State Police who return to state service as a teacher or other school employee, and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees’ Pension Plan to the extent such person did not utilize the 75-day maximum following retirement from the Delaware State Police.

(h) The maximum amount of annual leave which any employee shall be permitted to accumulate shall be 42 days. At the end of each fiscal year, the accumulated annual leave of each employee shall equal not more than 42 days. Where, prior to the end of a fiscal year, an employee has accumulated more than 42 days of annual leave, such annual leave shall be adjusted to 42 days at the end of such fiscal year.

(i) Effective September 1, 1991, the per diem rates used to pay retiring employees for accrued annual leave shall be identical to the per diem rates for sick leave contained in subsection (g) of this section.

(j) Any absence not covered under subsections (a) through (f) of this section is considered unexcused.

(k) A duly elected president of the Delaware State Education Association, as defined in Chapter 40 of this title, who requests a leave of absence without pay from a school board shall be granted a leave of absence by said school board from service for the duration of the elected term. Said employee shall be eligible to purchase health insurance for said employee's own self and eligible dependents and other state benefits at that employee’s cost during said leave of absence. Other duly elected officers of the Delaware State Education Association shall be granted 45 release days by the employing board to represent the Association for education-related business. The Association shall be responsible for the costs of substitute teachers when utilized to provide coverage for the elected officer. In addition, when the Association determines the need and makes a request for the hiring of a teaching partner, the duly elected officer shall be granted no less than 60 or more than 100 release days by the employing school board to represent the Association for education-related business. The teaching partner will be hired on a full-time and annual basis to ensure continuity of instruction during periods of time when the Association officer is engaging in education-related business as a representative of the Association. Release time granted pursuant to this section shall be in addition to other leaves granted the employee by this section. The Association shall be responsible for the cost incurred related to the hiring of the teaching partner.

14 Del. C. 1953, §  1318;  50 Del. Laws, c. 436, §  1;  50 Del. Laws, c. 602, §  1;  51 Del. Laws, c. 44;  55 Del. Laws, c. 147;  56 Del. Laws, c. 39;  56 Del. Laws, c. 287;  57 Del. Laws, c. 238;  58 Del. Laws, c. 120;  58 Del. Laws, c. 306, §  5f;  58 Del. Laws, c. 549;  59 Del. Laws, c. 456, §  1;  59 Del. Laws, c. 503, §  1;  62 Del. Laws, c. 35, §  1;  62 Del. Laws, c. 154, §  1;  62 Del. Laws, c. 345, §  1;  63 Del. Laws, c. 167, §  1;  66 Del. Laws, c. 96, §  1;  67 Del. Laws, c. 117, §  1;  68 Del. Laws, c. 84, §§  186, 187;  69 Del. Laws, c. 64, §  272;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 425, §  351;  71 Del. Laws, c. 136, §  1;  71 Del. Laws, c. 180, §  69;  72 Del. Laws, c. 215, §  1;  72 Del. Laws, c. 294, §  39;  72 Del. Laws, c. 395, §  352;  73 Del. Laws, c. 74, §  346;  73 Del. Laws, c. 312, §  258;  74 Del. Laws, c. 68, §  270;  74 Del. Laws, c. 307, §§  308(c), 309;  75 Del. Laws, c. 89, §  343;  75 Del. Laws, c. 298, §  1;  75 Del. Laws, c. 350, §  354;  81 Del. Laws, c. 117, § 1;  84 Del. Laws, c. 19, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 122, § 1; 

(a) “Donated leave program” means a program:

(1) In which 1 or more employees of a public school district may transfer accrued, unused sick leave days to 1 or more other employees of the same public school district;

(2) Is established by the public school district as a local Board of Education policy and/or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of Title 14; and

(3) Is consistent with the provisions set forth in subsection (b) of this section. No donated leave program shall prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit.

(b) Any donated leave shall be required to comply with the following requirements:

(1) Employees wishing to donate accrued sick leave must donate in increments of whole days. For every 2 days donated, 1 day will be made available to a recipient.

(2) Donated days shall be made available only for recipients within the school district for a catastrophic illness of a recipient or of a member of a recipient’s family. For this section, “catastrophic illness” shall mean any illness or injury to an employee or to a member of an employee’s family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee’s family unable to work, or, in the case of a family member who does not work, the medical equivalent of “unable to work”, to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related medical condition and occurring within any 12-month consecutive period, shall be considered the same period of disability. For this section, “family member” or “member of an employee’s family” means an employee’s spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member’s catastrophic illness. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the employee’s “catastrophic illness” as certified by the physician. This provision is limited to an absence that occurs because of an employee’s “catastrophic illness” not a family member’s “catastrophic illness.”

(3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor’s rate of pay, shall re-convert the cash value to hours of leave at the recipient’s rate of pay, and shall then credit the recipient’s account.

(4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before that employee is eligible for donated leave time.

(5) The recipient shall have used all of that recipient’s own sick days and personal days and half of that recipient’s annual leave, where applicable. However, when donated leave is for the catastrophic illness of a family member, the employee must have used all of that employee’s sick days, personal days and annual leave.

(6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence.

(7) No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this section.

(8) The liability of the State under this program shall be limited to paying the state share of salary, benefits and other employment costs paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of this title, if applicable.

(9) Any recipient of this program is subject to a 1-work-year cap with the number of days equal to 188 days for a 10-month employee; 207 days for 11-month employees; and 222 days for a 12-month employee.

(10) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy.

(c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of § 5956 of Title 29.

71 Del. Laws, c. 136, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 354, §  390;  72 Del. Laws, c. 294, §  44;  72 Del. Laws, c. 395, §  353;  72 Del. Laws, c. 440, §§  1-5;  73 Del. Laws, c. 74, §  347;  73 Del. Laws, c. 312, §  259;  73 Del. Laws, c. 321, §  15;  74 Del. Laws, c. 68, §  269;  74 Del. Laws, c. 307, §  308(b);  74 Del. Laws, c. 402, §§  1-3;  75 Del. Laws, c. 89, §  342;  81 Del. Laws, c. 187, § 1; 

(a) “Donated leave program” means a program:

(1) In which 1 or more employees of a public school district may transfer accrued, unused sick leave days to 1 or more other employees of the same public school district;

(2) Is established by the public school district as a local Board of Education policy and/or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of Title 14; and

(3) Is consistent with the provisions set forth in subsection (b) of this section. No donated leave program shall prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit.

(b) Any donated leave shall be required to comply with the following requirements:

(1) Employees wishing to donate accrued sick leave must donate in increments of whole days. For every 2 days donated, 1 day will be made available to a recipient.

(2) Donated days shall be made available only for recipients within the school district for use in connection with either of the following:

a. A catastrophic illness of a recipient or of a member of a recipient’s family. —

For this section, “catastrophic illness” shall mean any illness or injury to an employee or to a member of an employee’s family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee’s family unable to work, or, in the case of a family member who does not work, the medical equivalent of “unable to work,” to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related medical condition and occurring within any 12-month consecutive period, shall be considered the same period of disability. For this section, “family member” or “member of an employee’s family” means an employee’s spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member’s catastrophic illness. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the employee’s “catastrophic illness” as certified by the physician. This provision is limited to an absence that occurs because of an employee’s “catastrophic illness” not a family member’s “catastrophic illness.”

b. Parental leave. —

An employee of a school district otherwise eligible under paragraphs (b)(4) and (5) of this section to receive donated leave shall become eligible to receive up to 12 weeks of such leave upon the birth of a child of the employee or the employee’s spouse, or upon the adoption by the employee of a child who is 6 years of age or younger. Such eligibility shall expire at the end of the 6-month period beginning on the date of such birth or adoption. Subject to the 12-week maximum, donated leave may be used by the recipient for subsequent absence for a period of 1 year following the birth or adoption for maternal or pediatric medical care requiring hospitalization or extended care at home.

(3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor’s rate of pay, shall re-convert the cash value to hours of leave at the recipient’s rate of pay, and shall then credit the recipient’s account.

(4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before that employee is eligible for donated leave time.

(5) The recipient of donated leave in connection with parental leave or the recipient’s own catastrophic illness shall have used all of that recipient’s own sick days and personal days and half of that recipient’s annual leave, where applicable. For those employees not eligible for annual leave the recipient shall have used all of that recipient’s personal days and all but 3 sick days. A recipient of donated leave for the catastrophic illness of a family member must have used all of that employee’s sick days, personal days and annual leave.

(6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence.

(7) No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this section.

(8) The liability of the State under this program shall be limited to paying the state share of salary, benefits and other employment costs paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of this title, if applicable.

(9) Any recipient of this program is subject to a 1-work-year cap with the number of days equal to 188 days for a 10-month employee; 207 days for 11-month employees; and 222 days for a 12-month employee.

(10) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy.

(c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of § 5956 of Title 29.

(d) The leave described in this section is intended to run concurrently with any leave available under the Family Medical Leave Act, 29 U.S.C. §  2601 et seq.

71 Del. Laws, c. 136, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 354, §  390;  72 Del. Laws, c. 294, §  44;  72 Del. Laws, c. 395, §  353;  72 Del. Laws, c. 440, §§  1-5;  73 Del. Laws, c. 74, §  347;  73 Del. Laws, c. 312, §  259;  73 Del. Laws, c. 321, §  15;  74 Del. Laws, c. 68, §  269;  74 Del. Laws, c. 307, §  308(b);  74 Del. Laws, c. 402, §§  1-3;  75 Del. Laws, c. 89, §  342;  81 Del. Laws, c. 187, § 1; 

(a) Definitions. — As used in this section:

(1) “Bone marrow” means the soft material that fills the human bone cavities;

(2) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person;

(3) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person;

(4) “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person.

(b) In any calendar year, a teacher or school employee is entitled to the following leave in order to serve as a bone marrow donor or organ donor:

(1) No more than 7 days of leave to serve as a bone marrow donor;

(2) No more than 30 days of leave to serve as an organ donor.

(c) A teacher or school employee may use the leave provided by this section without loss or reduction of pay, leave to which the teacher or employee is otherwise entitled, credit for time or service, or performance or efficiency rating.

(d) This section applies to teachers and school employees who are included in a collective bargaining unit, unless a collective bargaining agreement contains provisions dealing with leave for bone marrow donation and organ donation.

73 Del. Laws, c. 104, §  2; 

Each employing board shall keep an accurate record of the absences from duty and reasons therefor of all employees for whatsoever reason, and may require a statement from the employee when absent because of illness to the effect that the employee was unable to perform that employee’s own duties during the period of absence. The board may request a physician’s certificate if in its judgment this is necessary.

14 Del. C. 1953, §  1319;  50 Del. Laws, c. 436, §  1;  50 Del. Laws, c. 602, §  1;  70 Del. Laws, c. 186, §  1; 

For each day’s absence for reasons other than those permitted under § 1318 of this title, there shall be deducted 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary; 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary; 1/222 for an employee who is employed for 12 months, for each day of unexcused absence.

14 Del. C. 1953, §  1320;  50 Del. Laws, c. 436, §  1;  50 Del. Laws, c. 602, §  1;  57 Del. Laws, c. 333, §  12;  68 Del. Laws, c. 84, §  188;  69 Del. Laws, c. 64, §  273;  72 Del. Laws, c. 294, §  40;  72 Del. Laws, c. 395, §  354;  73 Del. Laws, c. 74, §  348;  73 Del. Laws, c. 312, §  260;  74 Del. Laws, c. 68, §  271;  74 Del. Laws, c. 307, §  308(d);  75 Del. Laws, c. 89, §  344; 

(a) A professional employee of the Department of Education having the qualifications required by the certifying board shall receive as an annual salary the amount for which that professional employee’s qualifies under § 1316 of this title and the schedule set forth in § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined in accordance with either the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater.

The Department of Education shall be authorized to revise the salary to be paid to any of its professional personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall be authorized to designate up to 17 positions within its authorized full-time complement to function as team leaders or directors. In recognition of the administrative or management responsibility assigned to these positions, such individuals shall receive up to $7,210 more than the amount that a similarly qualified and experienced education associate would be entitled to receive in accordance with the provisions of this chapter.

The Department shall annually conduct a performance review of each of its professional employees and establish the salary to be paid to each employee which shall not be less than the amount shown in the above schedule nor shall it exceed the allowable maximum salary determined by the above method. The Department shall annually present its revised salary schedule to the State Treasurer who shall pay the additional amount required for each employee because of the application of the revised schedule for the General Fund, notwithstanding any other laws of this State.

(b) One twelfth of the additional amount set forth in the schedule in subsection (a) of this section shall be deducted for each month that the employee is not employed.

(c) Each teacher, specialist, supervisor, administrative assistant, director and assistant superintendent employed by a district and having the qualifications required by the certifying board shall receive as an annual salary the amount for which such teacher, specialist, supervisor, administrative assistant, director and assistant superintendent qualifies under § 1305(a), (b) and (d) of this title, plus an annual amount for administrative responsibility. The amount for administrative responsibility is to be determined, either in accordance with the following schedule or by multiplying the amount provided under § 1305(a), (b) and (d) of this title by the index value specified in the second schedule that corresponds with the appropriate classification and experience level, whichever is greater.

(d) One twelfth of the additional amount set forth in the schedule in subsection (c) of this section shall be deducted for each month that the employee is not employed.

(e) During the fiscal year beginning July 1, 1970, and annually thereafter a reorganized school district may employ the following personnel:

(1) Assistant superintendents for a period of 12 months per year at the rate of 1 for each full 300 state units of pupils not to exceed a total of 2 per reorganized school district;

(2) Directors for a period of 12 months per year at the rate of 1 for the first full 200 state units of pupils and 1 for each additional full 100 state units of pupils not to exceed a total of 6 per reorganized school district;

(3) Administrative assistants for a period of 12 months per year at the rate of 1 per reorganized school district;

(4) Supervisors for a period of 11 months during the fiscal year 1982 and thereafter at the rate of 1 for each full 150 state units of pupils. Those districts with less units than needed for a supervisor, the Department of Education shall provide support for the fractional part of the first supervisor;

(5) Specialist. — Visiting teachers for a period of 10 months per year at the rate of 1 for each full 250 state units of pupil. For districts that do not qualify for a visiting teacher, fractional units shall be provided to allow for such personnel;

(6) Specialist. — Driver education teachers for a period of 10 months per year at the rate of 1 for each full 125 10th grade students in the district or 1/5 of a teacher for each full 25 tenth grade students in the district;

(7) Supervisors of transportation for a period of 12 months per year at the rate of 1 such supervisor per 7,500 or more enrolled pupils. For districts that do not qualify for a transportation supervisor, fractional units shall be provided to allow for such personnel.

(8) Supervisors of school lunch for a period of 12 months per year, such supervisors to be paid at the salary of “supervisors” as set forth in subsection (c) of this section at the rate of:

a. One such supervisor in any district having less than 500 units having 4 or more schools with school lunch programs;

b. One in any district having 500 units or more, 1 such supervisor for every 500 full units. In addition, each such school district shall employ such additional supervisors so that the total number of such supervisors equals 1 supervisor for each 300 full units to be paid out of revenue receipts from cafeteria funds.

(9) School districts are authorized to receive cash for any official administrative position that the district qualifies for under the provisions of paragraph (e)(1), (2), (3), (4), (7) or (8) of this section. This option shall apply only if the district has not filled the position at any time during the fiscal year. The value of this cash option will be the corresponding value of doctorate plus 10 years of experience on the schedule in § 1305 of this title plus the amount for state administrative supplement from the salary schedule in § 1321(c), at 9 years’ experience for the administrative type involved. If a position is gained as a result of unit growth and this option is utilized for that position, the district will receive 3/4 of the above funds. Districts wishing to exercise this option must make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision.

Funds received as a result of this section may be used for any Division I or Division II purpose. Funds received as a result of this section may not be used to supplement state salaries authorized in this chapter for any employee;

(10) Specialist. — Related services positions which include physical therapists, occupational therapists, speech language pathologists, school psychologists or other related services specialists as identified in department regulation will be funded for a period of 12 months per year at a rate of 1 for every group of 3.0 children who are counted as complex; and for a period of 11 months at a rate of 1 for every group of 5.5 children counted as intensive; and for a period of 10 months at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units;

(11) Deaf-blind program personnel. — Four related service units are assigned to the state-wide deaf-blind program for appropriate therapists and other personnel for 12 months per year.

a. Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as the administrative agency for a statewide program for deaf-blind pupils that district may employ specialists as herein authorized to serve the entire statewide program. Specialists so employed shall be paid according to the salary authorized for teachers in § 1305 of this title. The school district authorized to employ such specialists and the coordinator may provide additional salary to such personnel according to § 1304 of this title and shall recover funds so expended from the school districts responsible for the day-to-day instruction of the deaf-blind persons according to Chapter 6 of this title. Salary authorized by § 1304 of this title may be provided according to Chapter 6 of this title.

b. If the option to purchase services under this section is exercised, then the dollar value of each full-time equivalent shall be the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months. The calculation of this funding shall be for the current school year. Expenditures of this nature may be used for the purchase of personal services. Any school district wishing to use funds under this option shall first make application to the Department of Education for such use and proceed to exercise the option only after approval by the Department of Education; provided, that the State Board may review any objection to the Department’s decision.

c. Coordinator. — Whenever the Department with the approval of the State Board of Education designates a particular school district to serve as administrator for the statewide program for deaf-blind pupils that district may employ a statewide coordinator at the principal’s rank and salary;

(12) Specialists. — All related services units are earned at the district or charter school level. Preschool, basic, intensive and complex related services units earned shall be used to support related services needs of students in those units. Districts may use earned units to hire any related services staff necessary or alternatively choose to provide all or part of those services through a contractual arrangement with a public or private agency. When providing services by contract, the dollar value of the contract shall not exceed the authorized salary for a teacher at the master’s level plus 10 years and employed for a period of 12 months per year as provided for in § 1305 of this title, divided by the number of months in the terms of the contract. Partial unit funding is provided based on the dollar value of the unit. Any school district wishing to use funds under the contractual option set forth in this section shall make application to the Department of Education for that use, provided that the State Board may review any objection to the Department decision;

(13) Teachers, class aides and other personnel. — For units deemed basic, intensive or complex, units must be used to hire teachers, class aides, related services personnel or for contractual services for these or other student-related services. All earned units generated by students receiving special education services shall be used to support these students;

(14) Supervisor of buildings and grounds for a period of 12 months per year at the rate of 1 per reorganized school district. — For a school district to have a building and grounds supervisor, it must have 95 or more building units as defined by the State Board of Education. Supervisors so employed shall be paid in accordance with subsection (c) of this section. This position is included in the total number of custodial personnel allowed;

(15) Beginning with the fiscal year commencing July 1, 2005, any position generated by paragraph (e)(5) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title for each position; and

(16) Beginning with the fiscal year commencing July 1, 2011, 40% of positions generated at a rate of 1 for every group of 57 children counted in the K-3, grades 4-12 (regular education) and the basic units under for paragraph (e)(10) of this section shall qualify the local school district to receive the state share of the Division III Equalization unit amount as defined in § 1707 of this title.

The personnel employed pursuant to this subsection shall not be charged against the allotment of classroom teachers provided by these units of pupils, the provisions of § 1705 of this title notwithstanding.

(f) In school districts which contract with the federal government to operate schools, the units of pupils in such schools shall be counted for entitlement of that school district under this section.

(g) Whenever units in addition to state units are counted for entitlement under subsection (f) of this section, the salaries for such additional personnel shall be paid from state and federal funds on a prorated basis.

(h) Vocational agriculture teachers may be employed for 12 months and paid in accordance with § 1305 of this title.

(i) Allocations of personnel specified in this section shall apply, the provisions of § 1006 of this title notwithstanding.

14 Del. C. 1953, §  1321;  50 Del. Laws, c. 632, §  1;  51 Del. Laws, c. 57, §  2;  52 Del. Laws, c. 344, §  12;  54 Del. Laws, c. 272, §  1;  56 Del. Laws, c. 131, §§  2, 3;  56 Del. Laws, c. 177, §  1;  56 Del. Laws, c. 292, §  15;  56 Del. Laws, c. 309;  56 Del. Laws, c. 434, §§  1, 2;  57 Del. Laws, c. 113;  57 Del. Laws, c. 333, §§  13, 14, 16;  57 Del. Laws, c. 401;  57 Del. Laws, c. 656;  58 Del. Laws, c. 189, §  1;  58 Del. Laws, c. 305, §§  1, 4, 5;  58 Del. Laws, c. 526;  59 Del. Laws, c. 34;  59 Del. Laws, c. 498, §§  1, 2;  60 Del. Laws, c. 571, §§  5, 6;  61 Del. Laws, c. 516, §  5;  61 Del. Laws, c. 546, §  1;  62 Del. Laws, c. 68, §§  42(e), 134;  62 Del. Laws, c. 86, §  33;  62 Del. Laws, c. 143, §  1;  62 Del. Laws, c. 277, §  11(f), 131(d), (e);  62 Del. Laws, c. 423, §  48(d), (e);  63 Del. Laws, c. 80, §§  11(f), 112;  63 Del. Laws, c. 322, §§  130, 138, 147(a);  63 Del. Laws, c. 396, §§  1, 2;  64 Del. Laws, c. 49, §§  1-4;  64 Del. Laws, c. 90, §  11(d)(viii), (ix);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(9), (10);  65 Del. Laws, c. 348, §§  12(r)(8), 265;  65 Del. Laws, c. 381, §  3;  66 Del. Laws, c. 85, §  12(p)(8), (9);  66 Del. Laws, c. 303, §  12(m)(7), (8), 286(c);  68 Del. Laws, c. 27, §  1;  68 Del. Laws, c. 126, §§  2-6;  68 Del. Laws, c. 290, §§  224, 232;  69 Del. Laws, c. 64, §§  276, 277;  69 Del. Laws, c. 291, §  300;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 425, §§  278, 345;  71 Del. Laws, c. 132, §§  354, 356, 367, 374;  71 Del. Laws, c. 180, §§  69A, 70, 70A, 71-75;  71 Del. Laws, c. 354, §  373;  72 Del. Laws, c. 94, §§  334-337, 384;  72 Del. Laws, c. 395, §§  356, 386;  74 Del. Laws, c. 187, §  1;  75 Del. Laws, c. 89, §  376;  75 Del. Laws, c. 155, §§  2-4;  75 Del. Laws, c. 350, §  378;  78 Del. Laws, c. 5, §§  14-24;  78 Del. Laws, c. 78, §  315;  78 Del. Laws, c. 290, §  357;  81 Del. Laws, c. 280, § 368(a);  82 Del. Laws, c. 242, § 358;  83 Del. Laws, c. 325, §§   380, 381;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 81, §   363; 

(a) School food service managers who work on a program of at least 7 hours per day of the 10-month school year (185 days) shall receive annual salaries in accordance with the following schedule:

Salaries provided for in this schedule shall be paid to the school food service manager of a single cafeteria. A food service manager responsible for the preparation of food for more than 1 cafeteria shall receive $400 for each additional cafeteria. A manager of satellite cafeteria or cafeterias shall receive the salary provided for in this schedule less $200. A satellite cafeteria is defined as one where no basic food preparation takes place. A manager who manages more than 1 cafeteria shall receive the salary provided in this scale using the total school enrollments of all cafeterias managed. The salaries listed in this schedule for school food service managers shall be increased for additional training as defined by the State Board of Education as follows:

(b) In the case of a school food service manager who is employed for less than full time as defined in subsection (a) of this section, the salary shall be computed on the basis of the fractional part of the hourly assignment.

(c) School lunch cooks and school lunch general workers shall be paid no less than the minimum hourly wage in accordance with the federal statutes. School lunch cooks and school lunch general workers who work on the basis of a formula of 7 hours of labor per 100 meals (including adjusting of a la carte meals) shall receive minimum hourly wages in accordance with the following schedule:

(d) The salaries prescribed in subsections (a) and (b) of this section for school lunch manager and district managers shall be paid from state funds. The wages prescribed in subsection (c) of this section for school lunch cooks and general workers shall be paid from funds derived from local school lunch operations and deposited by the local school district with the State Treasurer and from moneys derived from the General Fund of the State. A minimum of 25% of the salary prescribed in subsection (c) of this section for school lunch cooks and general workers shall be paid by the State from funds not derived from local school lunch operations. Only those funds designated for wages are to be so deposited.

14 Del. C. 1953, §  1322;  51 Del. Laws, c. 157, §  1;  52 Del. Laws, c. 344, §  13;  54 Del. Laws, c. 43, §  9;  55 Del. Laws, c. 409, §  7;  56 Del. Laws, c. 143, §  3;  56 Del. Laws, c. 470, §§  6, 7;  57 Del. Laws, c. 333, §§  15, 21-23;  58 Del. Laws, c. 192, §  1;  58 Del. Laws, c. 304, §  1;  59 Del. Laws, c. 34;  59 Del. Laws, c. 473, §§  1, 2;  60 Del. Laws, c. 31, §  1;  61 Del. Laws, c. 407, §§  3, 4;  61 Del. Laws, c. 409, §§  106, 107;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §  11(f);  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(x), (xi);  64 Del. Laws, c. 220, §  6(a), (b);  64 Del. Laws, c. 334, §  11(j)(11), (12);  65 Del. Laws, c. 87, §  11(k)(4), (5);  65 Del. Laws, c. 299, §  1;  65 Del. Laws, c. 348, §  12(r)(9), (10);  66 Del. Laws, c. 85, §§  12(p)(10)-(12);  66 Del. Laws, c. 303, §  12(m)(9), (10);  67 Del. Laws, c. 47, §  12(o)(9), (10);  67 Del. Laws, c. 281, §  8(o)(4), (5);  68 Del. Laws, c. 84, §  8(m)(3), (4);  68 Del. Laws, c. 290, §  8(m)(4), (5);  69 Del. Laws, c. 64, §  8(m)(4), (5);  69 Del. Laws, c. 291, §  8(i)(7), (8);  70 Del. Laws, c. 118, §  8(i)(4), (5);  70 Del. Laws, c. 425, §  8(i)(4), (5);  71 Del. Laws, c. 132, §  8(m)(4), (5);  71 Del. Laws, c. 180, §  76;  71 Del. Laws, c. 354, §  8(n)(4), (5);  72 Del. Laws, c. 94, §  8(n)(5), (6);  72 Del. Laws, c. 294, §  42;  72 Del. Laws, c. 395, §  8(n)(4), (5);  73 Del. Laws, c. 74, §  8(n)(4), (5);  73 Del. Laws, c. 312, §  8(m)(4), (5);  74 Del. Laws, c. 307, §  8(m)(5), (6);  75 Del. Laws, c. 77, §  41;  75 Del. Laws, c. 89, §  8(m)(5), (6);  75 Del. Laws, c. 350, §  8(m)(4), (5);  76 Del. Laws, c. 80, §  8(m)(4), (5);  77 Del. Laws, c. 84, §  8(m)(4), (5);  77 Del. Laws, c. 327, §  8(m)(4), (5);  78 Del. Laws, c. 78, §  8(m)(9), (10), (16) and (17);  78 Del. Laws, c. 290, §  8(m)(5)(v), (vi);  79 Del. Laws, c. 78, §  8(m)(5)(v), (vi);  79 Del. Laws, c. 290, §  8(m)(5)(v), (vi), (6)(v), (vi);  80 Del. Laws, c. 298, § 8(m)(5)(v), (vi);  81 Del. Laws, c. 58, §  8(m)(5)(v), (vi);  81 Del. Laws, c. 280, § 8(m)(6)(v), (vi);  82 Del. Laws, c. 64, § 8(m)(6)(v), (vi);  83 Del. Laws, c. 54, § 8(m)(6)(v);  83 Del. Laws, c. 325, § 8(m)(6)(v), (vi);  84 Del. Laws, c. 81, § 8(m)(6)(v), (vi); 

Repealed by 71 Del. Laws, c. 180, § 77, effective July 31, 1997.

(a) Each service and instructional paraprofessional actually working and paid 10 months per year shall receive annual salaries in accordance with the following schedule:

(b) All paraprofessionals employed under (former) subsection (a) of this section (now repealed) who are employed for more than 10 months per year shall receive 1/10 of the amount specified in subsection (a) of this section in salary for each additional month of employment each year.

(c) Instructional paraprofessionals, paid under this section, who have received an associate degree, completed a minimum of 60 semester credits or have successfully passed a comprehensive testing mechanism to be defined by the Department of Education, shall receive an annual salary supplement in the amount of $662.

(d) The funds received by charter schools, through the Department of Education, associated with staff members who qualify for the salary supplement described in subsection (c) of this section shall be paid to such employees in accordance with subsection (c) of this section.

(e) The following shall apply to individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 2012:

(1) An instructional paraprofessional who was paid in accordance with step 1 or 2 for the fiscal year ending June 30, 2012, shall be paid at step 1 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(2) An instructional paraprofessional who was paid in accordance with step 3 or 4 for the fiscal year ending June 30, 2012, shall be paid at step 2 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(3) An instructional paraprofessional who was paid in accordance with step 5 or 6 for the fiscal year ending June 30, 2012, shall be paid at step 3 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(4) An instructional paraprofessional who was paid in accordance with step 7 or 8 for the fiscal year ending June 30, 2012, shall be paid at step 4 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(5) An instructional paraprofessional who was paid in accordance with step 9, 10 or 11 for the fiscal year ending June 30, 2012, shall be paid at step 5 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(6) An instructional paraprofessional who was paid in accordance with step 12, 13 or 14 for the fiscal year ending June 30, 2012, shall be paid at step 6 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(7) An instructional paraprofessional who was paid in accordance with step 15, 16 or 17 for the fiscal year ending June 30, 2012, shall be paid at step 7 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(8) An instructional paraprofessional who was paid in accordance with step 18, 19 or 20 for the fiscal year ending June 30, 2012, shall be paid at step 8 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(9) An instructional paraprofessional who was paid in accordance with step 21, 22 or 23 for the fiscal year ending June 30, 2012, shall be paid at step 9 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(10) An instructional paraprofessional who was paid in accordance with step 24, 25 or 26 for the fiscal year ending June 30, 2012, shall be paid at step 10 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(f) The following shall apply to individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 2012:

(1) A service paraprofessional who was paid in accordance with step 1 or 2 for the fiscal year ending June 30, 2012, shall be paid at step 1 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(2) A service paraprofessional who was paid in accordance with step 3 or 4 for the fiscal year ending June 30, 2012, shall be paid at step 2 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(3) A service paraprofessional who was paid in accordance with step 5, 6 or 7 for the fiscal year ending June 30, 2012, shall be paid at step 3 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(4) A service paraprofessional who was paid in accordance with step 8 or 9 for the fiscal year ending June 30, 2012, shall be paid at step 4 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(5) A service paraprofessional who was paid in accordance with step 10, 11 or 12 for the fiscal year ending June 30, 2012, shall be paid at step 5 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(6) A service paraprofessional who was paid in accordance with step 13 or 14 for the fiscal year ending June 30, 2012, shall be paid at step 6 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(7) A service paraprofessional who was paid in accordance with step 15, 16 or 17 for the fiscal year ending June 30, 2012, shall be paid at step 7 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(8) A service paraprofessional who was paid in accordance with step 18, 19 or 20 for the fiscal year ending June 30, 2012, shall be paid at step 8 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(9) A service paraprofessional who was paid in accordance with step 21, 22 or 23 for the fiscal year ending June 30, 2012, shall be paid at step 9 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(10) A service paraprofessional who was paid in accordance with step 24, 25 or 26 for the fiscal year ending June 30, 2012, shall be paid at step 10 under the schedule contained herein for the fiscal year ending June 30, 2013, and shall earn an experience step in subsequent fiscal years.

(g) For all instructional and service paraprofessionals beginning employment after July 1, 2012, experience credit, if any, pursuant to § 1312(d) of this title will be determined consistent with subsections (e) and (f) of this section.

14 Del. C. 1953, §  1324;  53 Del. Laws, c. 397;  55 Del. Laws, c. 276;  56 Del. Laws, c. 143, §  3;  56 Del. Laws, c. 470, §  7;  57 Del. Laws, c. 333, §  17;  58 Del. Laws, c. 192, §  1;  58 Del. Laws, c. 304, §  1;  59 Del. Laws, c. 34;  60 Del. Laws, c. 31, §  1;  60 Del. Laws, c. 571, §  3;  61 Del. Laws, c. 190, §  1;  61 Del. Laws, c. 407, §  5;  61 Del. Laws, c. 409, §  108;  61 Del. Laws, c. 516, §  4;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §§  11(f), 118;  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(xii);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(13);  65 Del. Laws, c. 87, §  11(k)(6);  65 Del. Laws, c. 348, §  12(r)(11);  65 Del. Laws, c. 381, §  4;  66 Del. Laws, c. 85, §  12(p)(13);  66 Del. Laws, c. 303, §  12(m)(11);  67 Del. Laws, c. 47, §  12(o)(11);  67 Del. Laws, c. 281, §  8(o)(6);  68 Del. Laws, c. 84, §  8(m)(5);  68 Del. Laws, c. 126, §  7;  68 Del. Laws, c. 290, §  8(m)(6);  69 Del. Laws, c. 64, §  8(m)(6);  69 Del. Laws, c. 291, §  8(i)(9);  70 Del. Laws, c. 118, §  8(i)(6);  70 Del. Laws, c. 425, §  8(i)(6);  71 Del. Laws, c. 132, §  8(m)(6);  71 Del. Laws, c. 180, §  78;  71 Del. Laws, c. 354, §  8(n)(6);  72 Del. Laws, c. 94, §  8(n)(7);  72 Del. Laws, c. 395, §  8(n)(6);  73 Del. Laws, c. 74, §  8(n)(6);  73 Del. Laws, c. 312, §  8(m)(6);  74 Del. Laws, c. 307, §  8(m)(7);  75 Del. Laws, c. 89, §§  8(m)(7), 424;  75 Del. Laws, c. 155, §  5;  75 Del. Laws, c. 350, §  8(m)(6);  76 Del. Laws, c. 80, §§  8(m)(6), 359;  77 Del. Laws, c. 84, §  8(m)(6);  77 Del. Laws, c. 327, §  8(m)(6);  78 Del. Laws, c. 5, §§  25, 26;  78 Del. Laws, c. 78, §  8(m)(11), (17);  78 Del. Laws, c. 290, §  8(m)(5)(vii), (ix);  79 Del. Laws, c. 78, §  8(m)(5)(vii);  79 Del. Laws, c. 290, §  8(m)(5)(vii), (6)(vii);  80 Del. Laws, c. 79, §  8(m)(5)(vii);  80 Del. Laws, c. 298, § 8(m)(5)(vii);  81 Del. Laws, c. 58, § 8(m)(5)(vii);  81 Del. Laws, c. 280, § 8(m)(6)(vii);  82 Del. Laws, c. 64, § 8(m)(6)(vii);  83 Del. Laws, c. 54, § 8(m)(6)(vi);  83 Del. Laws, c. 325, § 8(m)(6)(vii);  84 Del. Laws, c. 81, § 8(m)(6)(vii); 

Sabbatical leave may be granted to any properly certified professional employee under the following conditions and provisions:

(1) After 7 years of service as a fully certified professional employee defined as a teacher, nurse, supervisor, director, principal, superintendent, coordinator, psychologist and any other professional position in public education in this State, provided that at least 5 consecutive years of such service shall have been in the employ of the school board from which leave of absence is sought, unless such board in its discretion shall allow a shorter period of time;

(2) For purposes of professional improvement or for the recovery of health after prolonged illness;

(3) The period of leave shall not be shorter than 1/2 school term or longer than 1 full school term;

(4) While on leave the employee shall not be allowed to engage in full-time gainful employment, except by written agreement with the leave-granting board. However, this provision shall not preclude the employee from receiving grants such as scholarships, gifts, fellowships, part-time employment, or other grants of aid as frequently provided by colleges, universities, governmental agencies, corporations, trusts or other individuals to students or other persons engaged in study or travel for purposes of professional improvement;

(5) The professional employee shall agree in writing to return to service to the leave-granting board for a period of at least 1 full school year following the completion of the employee’s leave;

(6) Request for sabbatical leave shall be presented in writing to said leave-granting board at a regular meeting of such board before April 1 for leave to begin at the opening of the next term, and before November 1 for leave to begin at the opening of the second semester of the term;

(7) At the end of any such period of leave of absence the employee shall present evidence of that employee’s own professional improvement in such terms as shall have been agreed upon between said employee and said leave-granting board at the time when such leave was granted. Such evidence may consist of college transcripts, degrees earned or written reports by the recipient of the leave of absence;

(8) Said leave-granting board shall accept the employee into full-time employment upon that employee’s return from leave and assign the employee to the position from which that employee left or to a similar position. In no case may assignment be made so as to invalidate the employee’s certification status or to bring about a demotion in position or salary;

(9) For purposes of salary increments and pension eligibility and computation, a year of leave shall be considered a year of experience in covered employment under the provisions of local or state salary and pension programs, except that not more than 2 years of leave shall be applied toward salary increments and pension credits to any person. Failure of an employee to return to service of said leave-granting board shall be cause for forfeiture of salary increments and pension credits for the period of the leave.

(10) School boards may set a limit on the number of employees who may be granted leave each year, provided that, in any district having fewer than 20 professional employees, 1 eligible applicant may be granted leave each year;

(11) The leave-granting district shall provide to the employee granted leave, under paragraphs (1)-(10) of this section, compensation equal to 1/2 the salary to which the employee would have been entitled under full-time employment; provided, however, that in no case shall the compensation paid exceed $10,000 for a full school year leave or $5,000 for a 1/2 school year. The State shall continue to pay the state share of other employment costs as specified in § 6340 of Title 29 for the employee on sabbatical leave.

(12) Sabbatical leave authorized under this section, at state expense, shall be limited to 1 full year leave or 2 half-year leaves per local school district during a fiscal year. Nothing in this section, however, shall prevent a school district from granting additional sabbatical leaves if the district pays the salary and other employment costs for the employee who is on leave.

14 Del. C. 1953, §  1325;  53 Del. Laws, c. 227;  54 Del. Laws, c. 262;  66 Del. Laws, c. 303, §  321;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 354, §  361; 

(a) Effective January 1, 2022, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $124 per day.

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $99 per day.

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $79 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

(b) Effective January 1, 2023, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $140 per day.

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $112 per day

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $89 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

(c) Effective January 1, 2024, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $158 per day.

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $126 per day.

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $100 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

(d) Effective January 1, 2025, each substitute teacher shall be paid in accordance with the following classification schedule:

Class A. —

A substitute teacher who holds or is eligible to hold a valid Delaware educator license or valid educator license from another state; or such a license that has expired shall be paid $179 per day

Class B. —

A substitute teacher who holds a bachelor’s degree or is a student currently enrolled in an accredited institution of higher education, who has earned at least 60 credits, and is enrolled in a program that will culminate in the student becoming eligible for a teaching license in the State of Delaware shall be paid $143 per day.

Class C. —

A substitute teacher who does not meet the requirements for Class A or Class B classification shall be paid $113 per day.

Any funding provided to district and charter schools by the Department of Education for substitute payments shall be at the rate set forth in this section in addition to current year other employment costs.

14 Del. C. 1953, §  1326;  56 Del. Laws, c. 418, §  2;  59 Del. Laws, c. 34;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 181, §  1;  62 Del. Laws, c. 277, §  11(f);  63 Del. Laws, c. 80, §  11(f);  64 Del. Laws, c. 220, §  6(b);  65 Del. Laws, c. 87, §  11(k)(7);  65 Del. Laws, c. 348, §  12(r)(12);  66 Del. Laws, c. 85, §  12(p)(14);  66 Del. Laws, c. 303, §  12(m)(12);  67 Del. Laws, c. 47, §  12(o)(12);  67 Del. Laws, c. 281, §  8(o)(7);  68 Del. Laws, c. 84, §  8(m)(6);  68 Del. Laws, c. 290, §  8(m)(7);  69 Del. Laws, c. 64, §  8(m)(7);  69 Del. Laws, c. 291, §  8(i)(10);  70 Del. Laws, c. 118, §  8(i)(7);  70 Del. Laws, c. 425, §  8(i)(7);  71 Del. Laws, c. 132, §  8(m)(7);  71 Del. Laws, c. 354, §  8(n)(7);  72 Del. Laws, c. 94, §  8(n)(8);  72 Del. Laws, c. 395, §  8(n)(7);  76 Del. Laws, c. 80, §  345;  77 Del. Laws, c. 84, §  406;  77 Del. Laws, c. 327, §  8(m);  78 Del. Laws, c. 290, §  29;  81 Del. Laws, c. 215, § 1;  82 Del. Laws, c. 64, § 367;  82 Del. Laws, c. 242, § 361;  83 Del. Laws, c. 270, § 11; 

(a) If a regularly appointed and employed principal, teacher or other employee of a school district is called to the service of or voluntarily enters the armed forces of the United States of America or the National Guard of this State when in continuous active service, the school board shall grant to such principal, teacher or other employee a leave of absence which shall cover the period of military service, not to exceed 3 years, or until the term of service to which he or she has been called is terminated, and upon the completion of the leave of absence reinstate such principal, teacher or other employee in the position which he or she held at the time that the leave of absence was granted. The contract with such principal, teacher or other employee shall continue in force under the same conditions as if the principal, teacher or other employee had been in the continuous service of the board during the period of the leave of absence; provided, such regularly appointed and employed principal, teacher or other employee has received a certificate of satisfactory completion of military service.

(b) Any principal, teacher or other school employee taking a leave of absence authorized by subsection (a) of this section who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty to augment active forces for any operational mission, shall continue to receive the principal’s, teacher’s or other school employee’s state compensation during the initial period of active duty prescribed by the military, to be reduced by any military compensation received. While on such leave of absence, for a period not to exceed 2 years, the employee and the employee’s dependents shall continue to receive benefits provided under any applicable group health insurance plan offered by the school district, provided that the employee continues to pay any employee-share premium for such plan. The Department of Human Resources shall develop any rules and regulations necessary to implement the provisions of this subsection. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to state compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later.

(c) For the purpose of subsection (b) of this section state compensation shall be limited to the state share of the base salary as calculated from the appropriate salary schedule, administrative supplements and all other stipends. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation multiplied by the ratio of state compensation to total compensation.

(d) The person who may be appointed to replace the principal, teacher or other employee shall be appointed only for the period covered by the leave of absence.

14 Del. C. 1953, §  1327;  56 Del. Laws, c. 292, §  18;  68 Del. Laws, c. 21, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 429, §  1;  74 Del. Laws, c. 190, §  1;  74 Del. Laws, c. 421, §  1;  75 Del. Laws, c. 88, §  20(2);  75 Del. Laws, c. 234, §  1;  81 Del. Laws, c. 66, § 9; 

In all reorganized school districts each teacher in grades 1-12, inclusive, shall have, during each school day, a duty-free period for at least 30 consecutive minutes but this section shall not bar the allowance of a longer or additional duty-free period each day.

14 Del. C. 1953, §  1328;  59 Del. Laws, c. 93, §  1; 

(a) The Department of Education and the boards of education of the reorganized school districts may sign individual employment contracts involving state funds only with those professional employees whose base salary is that provided for in §§  1305, 1310 and 1336 of this title. The salary amounts in the contracts so authorized shall be for 1 fiscal year, provided that contracts for administrative personnel covered in subsection (b) of this section shall not be so limited.

(b) Nothing in this title shall be construed as prohibiting the board and any assistant principal, principal, supervisor, administrative assistant, director, assistant superintendent or superintendent from entering into an employment contract for a period of up to 5 years.

(c) Salary amounts in individual contracts provided for in subsection (a) or (b) of this section shall not be contracted for, agreed upon or effective prior to enactment of the Budget Appropriation Bill.

14 Del. C. 1953, §  1329;  57 Del. Laws, c. 263, §  2;  58 Del. Laws, c. 346;  58 Del. Laws, c. 552;  64 Del. Laws, c. 20, §§  1, 2;  71 Del. Laws, c. 180, §  79;  82 Del. Laws, c. 242, § 359; 

The work week for the employees of the Department of Education shall be 371/2 hours per week.

14 Del. C. 1953, §  1330;  57 Del. Laws, c. 333, §  20;  71 Del. Laws, c. 180, §  80; 

(a) In addition to staff otherwise authorized, the Delaware School for the Deaf may employ supportive staff as follows:

(1) Specialist. — Resource teacher for a period of 10 months at the rate of 1 for each 60 children enrolled in the Delaware School for the Deaf;

(2) Interpreter/tutors for a period of 10 months at the rate of 1 for each 4 pupils enrolled in the Delaware School for the Deaf and served in the regular education classroom.

(3) Specialist. — Literacy (English and American Sign Language) for a period of 10 months at the rate of 1 for every 60 children enrolled in the Delaware School for the Deaf.

(b) Interpreter/tutors are to be certified according to standards prescribed by the Department with the approval of the State Board of Education and paid according to the salary schedule contained in § 1305(a) of this title.

(c) In addition to subsection (a) of this section, the Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind may employ an early intervention teacher who will work with parents and families in New Castle, Kent and Sussex Counties.

(1) The teacher shall be a certified teacher of the deaf/hard of hearing.

(2) Provision for salary of the teacher and for expenses required for this job shall be made a part of the appropriation for the Delaware School for the Deaf.

(d) In addition to staff otherwise authorized, the Statewide Programs for the Deaf, Hard of Hearing and Deaf-Blind may employ the following:

(1) Director;

(2) Statewide coordinator;

(3) Dean of students (assistant principal rank);

(4) One elementary school leader and one secondary school leader compensated at the assistant principal rank (in lieu of a principal allocated pursuant to § 1307(2) of this title);

(5) Educational audiologist;

(6) Speech therapist;

(7) Residential advisors not to exceed 6;

(8) Residential monitoring aides not to exceed 4.

These shall be considered state unit positions and paid according to this title, with appropriate local supplement.

60 Del. Laws, c. 628, §  1;  61 Del. Laws, c. 407, §  3;  61 Del. Laws, c. 409, §  106;  61 Del. Laws, c. 513, §  1;  62 Del. Laws, c. 68, §  42(e);  62 Del. Laws, c. 277, §  11;  63 Del. Laws, c. 80, §  11(f);  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(xiii);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(14);  65 Del. Laws, c. 87, §  11(k)(8);  65 Del. Laws, c. 348, §  12(r)(13);  71 Del. Laws, c. 132, §  352;  71 Del. Laws, c. 180, §  81;  73 Del. Laws, c. 74, §§  366-368;  74 Del. Laws, c. 307, §  332;  75 Del. Laws, c. 89, §§  369, 370;  78 Del. Laws, c. 5, §§  27-31;  78 Del. Laws, c. 262, §  1;  81 Del. Laws, c. 79, § 19; 

(a) The Department shall provide training and technical assistance across all public schools within this State on behalf of students with an educational classification of autism spectrum disorder (“ASD”). Educational programming provided under this chapter must have high-quality instruction based on research and evidence-based practice.

(b) The Department, with the approval of the State Board of Education, shall designate a school district or other entity to administer the statewide program (“program”) for students with an educational classification of ASD. If no district or other entity is willing to administer the statewide program, the Department must act in that role.

(c) The entity administering the program must employ a statewide director (“Director”) for a period of 12 months each year. The Director must be hired in consultation with the Peer Review Committee and have the following qualifications and expertise with ASD:

(1) Doctorate degree in psychology, special education, applied behavior analysis, or other related field (master’s degree considered with extensive experience).

(2) Minimum 10 years of experience working with individuals with ASD; at least 5 years in a supervisory role in an education setting, as well as experience in program evaluation.

(3) Graduate-level training in evidence-based practices in curriculum, instruction, and behavioral support (ABA and other instructional strategies).

(4) Experience planning or leading skill development, as well as implementation of evidence-based practices in educational settings for individuals with ASD.

(5) Successful experience leading the development and implementation of a structured staff and parent professional development program (academic, behavioral, and social-emotional learning).

(6) Knowledge and experience with implementation of evidence-based practice; at least 5 years of experience providing consultation to all school staff, and experience with program development in a school setting (public school preferred).

The administering entity may include other desirable preferences as needed.

(d) The Department shall pay the Director a salary in an amount for which the Director qualifies under § 1305(a), (b), and (d) of this title plus an amount for administrative responsibility determined in accordance with § 1321(c) of this title. The Director’s salary, including “years of experience,” shall be determined in accordance with rules and regulations adopted by the Department with the approval of the State Board of Education.

(e) The program shall provide training and technical assistance for all public schools. The training and technical assistance under this subsection is a 3-year pilot program that ends on June 30, 2021, unless extended by an act of the General Assembly.

(1) The program must provide training and technical assistance by doing all of the following:

a. Identifying those practices specifically relevant to the education of students with an educational classification of ASD that are established as evidence-based through the best available outcome research or by expert consensus.

b. Promoting utilization of these practices by leading training and technical assistance activities specifically relevant to students with an educational classification of ASD,

c. Assisting with implementation of all aspects of training and technical assistance in all public schools, for students from birth to age 21 with an educational classification of ASD.

d. Supervising or managing contracts for training specialists employed under paragraph (e)(2) of this section.

e. Consulting and working collaboratively with the Department on all aspects of education programs related to ASD.

f. Serving as the primary liaison between the Department and other state agencies, committees, and programs on questions regarding programs for students with an educational classification of ASD.

(2) The program must have training specialists as follows:

a. At least 1 training specialist per 100 students with an educational classification of ASD. The total number of positions must be determined annually through the September 30 count of students with an educational classification of ASD. The program must be phased in with a minimum of 2 training specialists in Fiscal Year 2019, 2 training specialists added in Fiscal Year 2020, and additional training specialists added each fiscal year until the number of training specialists required under this paragraph (e)(2)a. is met or the pilot program ends under this subsection.

b. “Training specialists” must include qualified speech-language pathologists, behavior analysts, and other personnel with expertise in evidence-based instruction for people with ASD, in classroom, community, and home-based consultation.

c. Training specialists must serve eligible students within all public schools.

d. A training specialist must have a master’s degree and 3 years of experience of demonstrated consultative experience with students with ASD.

e. The duties of a training specialist include providing training and technical assistance for staff working with students with an educational classification of ASD, including classroom consultation; plan development and performance feedback; parent training; and providing training for regular education staff on ASD and evidence-based strategies for inclusion practices.

(3) The program may, after approval by the Department, purchase specialized services instead of hiring staff to provide the education and training required under this section.

a. The dollar value of each full-time equivalent, when purchasing services to be provided by an outside contractor, is the number of dollars set in the state-supported salary schedule for a teacher holding a master’s degree with 10 years of experience and employed for 12 months.

b. The calculation of this funding is for the current school year.

c. The State Board of Education may review any objection to the Department’s decision.

(4) State appropriations must be phased in over several years, starting in Fiscal Year 2019 and in equal increments each subsequent fiscal year until fully funded or the pilot program ends under this subsection.

(5) Additional funding may be provided through any of the following:

a. Units and funds appropriated by the General Assembly.

b. Units and funds allocated by the Department.

c. Pass though funds and direct grants.

d. Tuition funds from public school districts as established by the rules and regulations of the Department, according to Chapter 6 of this title.

e. Fees for service for support where other funding is inadequate.

f. Other funds as available, including funds in excess of standard match funding under this title.

(f) The Department, with the approval of the State Board of Education, shall adopt such rules and regulations to establish and provide for the following committees:

(1) Parent Advisory Committees (“PAC”).

(2) Peer Review Committee (“PRC”) which, at the request of the Department, may also review educational procedures and programming for students with an educational classification of ASD and related disabilities.

(3) Statewide Monitoring Review Board (“SMRB”), composed of no less than 7 members, including 2 nonvoting public representatives nominated annually by the PAC. A public representative may not have a child with an educational classification of ASD enrolled in a Delaware public school program.

a. The SMRB shall review, at least annually, the education and provision of related services provided to students with an educational classification of ASD throughout all public schools to ensure the application of evidence-based practice and opportunities for meaningful and measurable progress and inclusion, as appropriate, are afforded to all such students.

b. The SMRB shall make findings and recommendations based on its review to include data measuring these specific recommendations and suggestions for corrective action to ensure consistent quality and equity of services throughout this State.

c. The SMRB shall submit its findings and recommendations, at least annually, to the Department and the Education Committees of the General Assembly. The SMRB’s report must be available on each school district or school website.

d. The SMRB shall resolve disputes within or between public schools and the Director. This paragraph (f)(3)d. does not diminish the procedural safeguards guaranteed to children with an educational classification of ASD, their parents or guardians, or public schools or agencies.

e. If a public school is found to be out of compliance with the specific recommendations in this paragraph (f)(3), the Department and the Director must allow the public school the opportunity for technical assistance and progressive implementation of a corrective action plan for improvement agreed upon by the school and the Director.

63 Del. Laws, c. 177, §  3;  63 Del. Laws, c. 322, §  11(f), (g);  64 Del. Laws, c. 90, §  11(d)(xiv);  64 Del. Laws, c. 220, §  6(a);  64 Del. Laws, c. 334, §  11(j)(15);  64 Del. Laws, c. 381, §  3;  65 Del. Laws, c. 87, §  11(k)(9);  65 Del. Laws, c. 230, §  4;  65 Del. Laws, c. 348, §  12(r)(14);  66 Del. Laws, c. 85, §  12(p)(15);  66 Del. Laws, c. 303, §  12(m)(13);  66 Del. Laws, c. 421, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  82-85;  73 Del. Laws, c. 265, §  1;  78 Del. Laws, c. 5, §§  32-36;  81 Del. Laws, c. 395, § 1;  82 Del. Laws, c. 85, § 40; 

(a) Any full-time employee or employee who has been employed by a reorganized school district, charter school or vocational school district for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a child who is 6 years of age or younger.

(b) The entitlement to leave under subsection (a) of this section shall expire at the end of the 12-month period beginning on the date of such birth or adoption.

(c) Without regard to length of employment, a full-time or part-time employee of a reorganized school district, charter school, or vocational school district shall be entitled to use accumulated sick leave upon the birth of a child of the employee, or upon the adoption of a child who is 6 years of age or younger.

(d) The rights and benefits described in this section shall run concurrently with any rights and benefits available under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. for the birth and adoption of a child and short-term disability benefit pursuant to § 5253 of Title 29 for the birth of a child.

(e) No state agency, board, department, reorganized school district, charter school, vocational school district or other employing officer or agency of this State may alter or terminate the benefits of or terminate the employment of any full-time employee as a result of taking leave pursuant to this section.

72 Del. Laws, c. 174, §  1;  81 Del. Laws, c. 285, § 1; 

For any section in the Delaware Code that makes reference to the annual work year for teachers in terms of days, such reference can be converted to equivalent hours as follows:

188 Regular Days x 7.5 hours = 1,410.0 hours.

73 Del. Laws, c. 321, §  2; 

The annual state salaries contained in this chapter are based upon the following:

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 above.

73 Del. Laws, c. 321, §  3;  76 Del. Laws, c. 80, §  340; 

(a) An early childhood employee of the Department of Education who works and is paid for 12 months per year shall be paid in accordance with the following schedule from the first day of the first full pay cycle of the fiscal year through the last day of the pay cycle that contains the last day of the fiscal year:

(b) The Department of Education shall be authorized to revise the salary to be paid to any of its personnel, which shall enable the Department to pay salary supplements up to the equivalent, but in no case to exceed the average of the 3 highest salaries for like positions paid by school districts. The Department of Education shall establish rules and regulations for the assignment of early education personnel employed pursuant to § 1336 of this title who are not otherwise classified.

(c) Any employee paid from this section shall receive as a salary the amount for which the employee qualifies under subsection (a) of this section, plus an annual amount for additional education that is clearly related to the individual’s responsibilities as defined by the Department of Education as follows:

82 Del. Laws, c. 242, § 358;  82 Del. Laws, c. 243, § 28;  83 Del. Laws, c. 57, § 31;  83 Del. Laws, c. 325, § 8(m)(6)(viii);  83 Del. Laws, c. 339, § 28;  84 Del. Laws, c. 81, §§ 8(m)(6)(viii), 372; 

(a) The Public Education Compensation Committee (hereinafter “Committee”) is hereby convened to review Delaware’s educator compensation structure and its ability to compete with regional school districts, Delaware’s private business sector, and other governmental agencies, in recruiting and retaining qualified and diverse educators, and to develop recommendations to establish a new compensation structure for educators in Delaware, including the following:

(1) Make recommendations that strengthen Delaware’s ability to compete with regional school districts in recruiting and retaining qualified and diverse educators.

(2) Make recommendations for competitive base pay for educators at all steps in the compensation structure.

(3) Make recommendations for achieving competitive career level earnings in fewer, more meaningful steps.

(4) Specify how educators can achieve additional opportunities for career advancement, which must be based in part on years of experience but must otherwise be based on acquisition of relevant degrees, certifications, and competencies, the acceptance of leadership responsibilities, and must fairly compensate for additional professional responsibilities.

(5) Make recommendations that include approaches to the acquisition of skills and knowledge that are timely, relevant, and affordable. Recommendations shall include access to additional compensation that may vary depending on the degree, certification, or competency achieved. The Committee must also consider how additional compensation under this section will be approved and administered.

(6) Provide recommendations on the creation of leadership roles through which educators will receive additional compensation for assuming leadership responsibilities. Recommendations should also allow school districts flexibility to determine the number and type of leadership roles. The Committee should consider positions that:

a. Have meaningful adult leadership responsibilities in the areas of curriculum, casework, instruction, student support, family and community engagement, and professional development;

b. Maintain a meaningful connection to student learning; and

c. Are supported by classroom or office coverage during times when the educator is away from the classroom or students.

Recommendations should include language indicating educators serving in leadership roles shall not be assigned additional responsibilities that are not substantially related to their leadership roles and classroom or professional obligations.

(7) Make recommendations for a process that provides additional compensation for professional responsibilities that are not generally required in the classroom, including special education casework. The Committee shall discuss and make recommendations regarding the types of responsibilities that could qualify for additional compensation. The Committee must also consider how additional compensation under this section will be approved and administered.

(8) Make recommendations regarding the applicability of the new system, which would apply to all educators as defined by § 1202 of this title or person paid under §§ 1305, 1306, 1307, 1310 and 1321 of this title. The Committee should provide a timeline and mechanism for transition and implementation.

(9) Review and provide recommendations to increase base levels of pay for education support staff as defined by §§ 1308, 1311, 1322, and 1324 of this title that shall be competitive with other districts in the region.

(10) Identify and consider adopting state pay scales for job categories where 1 does not exist, including bus drivers and information technology employees.

(b) The Committee shall present its recommendations, including a fiscal note and implementing legislation, to the Governor no later than November 15, 2023, so that its recommendations may be considered for inclusion in the Governor’s recommended budget for fiscal year 2025 to be presented to the General Assembly in January 2024.

(c) The Committee shall consist of the following members, or a designee selected by the member serving by virtue of position:

(1) The Secretary of Education.

(2) The Controller General.

(3) The Director of the Office of Management and Budget.

(4) The Executive Director of the Delaware State Education Association.

(5) The Executive Director of the Delaware Association of School Administrators.

(6) An educator appointed by the Senate President Pro Tempore.

(7) Two school financial officers appointed by the Governor.

(8) One school superintendent appointed by the Governor.

(9) A charter school administrator appointed by the Speaker of the House.

(10) A representative of the Office of the Governor.

(11) The Chair of the House Education Committee.

(12) The Chair of the Senate Education Committee.

(13) One member of the House minority caucus appointed by the Speaker of the House of Representatives.

(14) One member of the Senate minority caucus appointed by the President Pro Tempore of the Senate.

(d) The Committee will elect a chair from amongst the membership.

(e) The Committee shall seek input from others including educators, parents, school administrators, local school boards, and higher education representatives. The Committee shall hold public meetings in person or virtually to specifically gather input from educators.

(f) The Department of Education shall provide staff assistance to the Committee and shall convene the first meeting no later than August 1, 2022.

83 Del. Laws, c. 336, § 1;  84 Del. Laws, c. 233, § 23;